decision – Radio Free https://www.radiofree.org Independent Media for People, Not Profits. Tue, 15 Jul 2025 18:00:20 +0000 en-US hourly 1 https://www.radiofree.org/wp-content/uploads/2019/12/cropped-Radio-Free-Social-Icon-2-32x32.png decision – Radio Free https://www.radiofree.org 32 32 141331581 Sotomayor: Supreme Court expedites Trump ‘lawlessness’ with Education Department decision https://www.radiofree.org/2025/07/15/sotomayor-supreme-court-expedites-trump-lawlessness-with-education-department-decision/ https://www.radiofree.org/2025/07/15/sotomayor-supreme-court-expedites-trump-lawlessness-with-education-department-decision/#respond Tue, 15 Jul 2025 18:00:20 +0000 https://therealnews.com/?p=335501 Parents, educators, community leaders, and elected officials attend a rally outside the U.S. Capitol to defend public education ahead of Secretary of Education nominee Linda McMahon’s confirmation hearing on February 12, 2025 in Washington, DC. Photo by Paul Morigi/Getty Images for National Education Association"That decision is indefensible," the justice wrote. "It hands the executive the power to repeal statutes by firing all those necessary to carry them out."]]> Parents, educators, community leaders, and elected officials attend a rally outside the U.S. Capitol to defend public education ahead of Secretary of Education nominee Linda McMahon’s confirmation hearing on February 12, 2025 in Washington, DC. Photo by Paul Morigi/Getty Images for National Education Association
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This story originally appeared in Common Dreams on July 14, 2025. It is shared here with permission.

U.S. Supreme Court Justice Sonia Sotomayor on Monday delivered a blistering dissent to an emergency decision that enables President Donald Trump to plow ahead with laying off nearly 1,400 employees at the Department of Education while a case challenging the plan plays out.

“This case arises out of the president’s unilateral efforts to eliminate a Cabinet-level agency established by Congress nearly half a century ago,” wrote Sotomayor, joined by her liberals, Justices Elena Kagan and Ketanji Brown Jackson. “As Congress mandated, the department plays a vital role in this nation’s education system, safeguarding equal access to learning and channeling billions of dollars to schools and students across the country each year.”

“Only Congress has the power to abolish the department,” she continued, calling out Trump’s executive order and Education Secretary Linda McMahon’s subsequent move to fire half the agency’s workforce. “When the executive publicly announces its intent to break the law, and then executes on that promise, it is the judiciary’s duty to check that lawlessness, not expedite it.”

Sotomayor explained that “two lower courts rose to the occasion, preliminarily enjoining the mass firings while the litigation remains ongoing. Rather than maintain the status quo, however, this court now intervenes, lifting the injunction and permitting the government to proceed with dismantling the department.”

“That decision is indefensible,” she argued. “It hands the executive the power to repeal statutes by firing all those necessary to carry them out. The majority is either willfully blind to the implications of its ruling or naive, but either way the threat to our Constitution’s separation of powers is grave. Unable to join in this misuse of our emergency docket, I respectfully dissent.”

If a Democratic president declared his intention to unilaterally shut down the Department of Homeland Security, then attempted to transfer or shutter its key offices and decimate its workforce, does anyone seriously think this Supreme Court would let him?

Mark Joseph Stern (@mjsdc.bsky.social) 2025-07-14T19:51:15.409Z

The high court’s right-wing majority—which includes three Trump appointees—did not write an opinion, as is customary for shadow docket decisions. The administration responded by pledging to proceed with its efforts to eviscerate the department.

“It is a shame that the highest court in the land had to step in to allow President Trump to advance the reforms Americans elected him to deliver using the authorities granted to him by the U.S. Constitution,” McMahon said in a statement. “We will carry out the reduction in force to promote efficiency and accountability and to ensure resources are directed where they matter most – to students, parents, and teachers.”

Supreme Court says the president can’t abolish student debt, but he CAN abolish the Department of Education.This isn’t hypocrisy. It’s end times fascism—a fatalistic politics willing torch the government and incinerate the future to maintain hierarchy and subvert democracy.

Astra Taylor (@astra.bsky.social) 2025-07-14T20:32:01.105Z

McMahon and Trump’s mass firing effort—part of a broader effort to shutter the department—had been blocked by a U.S. district court in Massachusetts and the 1st Circuit Court of Appeals in response to a lawsuit in which Democracy Forward is representing a coalition that includes the American Federation of Teachers and Service Employees International Union.

“We are incredibly disappointed by the Supreme Court’s decision to allow the Trump-Vance administration to proceed with its harmful efforts to dismantle the Department of Education while our case moves forward,” the coalition said in a Monday statement. “This unlawful plan will immediately and irreparably harm students, educators, and communities across our nation.”

“Children will be among those hurt the most by this decision,” the coalition stressed. “We will never stop fighting on behalf of all students and public schools and the protections, services, and resources they need to thrive.”

The Associated Press reported that “separately on Monday, more than 20 states sued the administration over billions of dollars in frozen education funding for after-school care, summer programs, and more.”


This content originally appeared on The Real News Network and was authored by Jessica Corbett.

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‘Really Bad News’: Kyiv Residents React To US Decision To Halt Some Weapons Shipments https://www.radiofree.org/2025/07/02/really-bad-news-kyiv-residents-react-to-us-decision-to-halt-some-weapons-shipments/ https://www.radiofree.org/2025/07/02/really-bad-news-kyiv-residents-react-to-us-decision-to-halt-some-weapons-shipments/#respond Wed, 02 Jul 2025 18:32:49 +0000 http://www.radiofree.org/?guid=fda78a320a75d8786eeec3b34d7248af
This content originally appeared on Radio Free Europe/Radio Liberty and was authored by Radio Free Europe/Radio Liberty.

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Sanders Statement on Paramount’s Decision to Settle Trump’s Bogus Lawsuit Against 60 Minutes https://www.radiofree.org/2025/07/02/sanders-statement-on-paramounts-decision-to-settle-trumps-bogus-lawsuit-against-60-minutes/ https://www.radiofree.org/2025/07/02/sanders-statement-on-paramounts-decision-to-settle-trumps-bogus-lawsuit-against-60-minutes/#respond Wed, 02 Jul 2025 18:32:29 +0000 https://www.commondreams.org/newswire/sanders-statement-on-paramounts-decision-to-settle-trumps-bogus-lawsuit-against-60-minutes Sen. Bernie Sanders (I-Vt.) today released a statement on Paramount’s decision to settle Trump’s bogus lawsuit against the program 60 Minutes.

The decision by the Redstone family, the major owners of Paramount, to settle a bogus lawsuit with President Trump over a 60 Minutes report he did not like is an extremely dangerous precedent in terms of both the First Amendment and government extortion.

Paramount’s decision will only embolden Trump to continue attacking, suing and intimidating the media which he has labeled “the enemy of the people.” It is a dark day for independent journalism and freedom of the press — an essential part of our democracy. It is a victory for a president who is attempting to stifle dissent and undermine American democracy.

It’s pretty obvious why Paramount chose to surrender to Trump. The Redstone family is in line to receive $2.4 billion from the sale of Paramount to Skydance, but they can only receive this money if the Trump administration approves this deal. In other words, the Redstone family diminished the freedom of the press today in exchange for a $2.4 billion payday.

Make no mistake about it. Trump is undermining our democracy and rapidly moving us towards authoritarianism and the billionaires who care more about their stock portfolios than our democracy are helping him do it.


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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AU denounces Christian Nationalist SCOTUS decision on transgender health care bans https://www.radiofree.org/2025/06/18/au-denounces-christian-nationalist-scotus-decision-on-transgender-health-care-bans/ https://www.radiofree.org/2025/06/18/au-denounces-christian-nationalist-scotus-decision-on-transgender-health-care-bans/#respond Wed, 18 Jun 2025 15:32:45 +0000 https://www.commondreams.org/newswire/au-denounces-christian-nationalist-scotus-decision-on-transgender-health-care-bans Americans United for Separation of Church and State President and CEO Rachel Laser issued the following statement in response to today’s U.S. Supreme Court decision in U.S. v. Skrmetti, a case involving transgender health care bans:

Transgender health care bans legislate Christian Nationalist view of gender

“The Supreme Court’s ultra-conservative justices are allowing Christian Nationalists and their allies to legislate a narrow, religious view of gender that will harm countless children and families. Not only has the court failed to protect America’s children, but this decision will encourage Christian Nationalists to further restrict any and all health care that doesn’t align with their narrow religious beliefs. LGBTQ+ people, women, religious minorities, the nonreligious and other traditionally marginalized communities are particularly at risk.

“Christian Nationalists have achieved yet another milestone in their decades-long effort to drag our country back in time. We need a national recommitment to church-state separation, which ensures freedom without favor and equality without exception. At Americans United, we will continue to fight for the right of all Americans to live as themselves and believe as they choose, as long as they do not harm others. That includes our gender-nonconforming and transgender family members, coworkers, friends, and neighbors.”

AU joined amicus brief opposing transgender health care ban

Americans United joined Kentucky parents of transgender children and civil rights groups in filing a friend-of-the-court brief in the case involving the Tennessee ban, explaining that transgender health care bans intentionally discriminate against transgender youth by denying them medications that are prescribed for other youth. These laws do not ban these medications for all minors, but only when they are prescribed for transgender minors. As a result of this discriminatory treatment, transgender youth are unable to obtain the only effective treatment for the severe distress caused by gender dysphoria.

AU’s brief was among more than 30 friend-of-the-court briefs in which bioethicists, medical providers, medical historians, family law professors, and additional families in states where care has been banned had urged the Supreme Court to rule against bans on essential medical care for transgender adolescents so that families can make the health care decisions that are best for their children.


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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CPJ, human rights organizations urge Jordanian authorities to reverse decision to block websites https://www.radiofree.org/2025/05/23/cpj-human-rights-organizations-urge-jordanian-authorities-to-reverse-decision-to-block-websites/ https://www.radiofree.org/2025/05/23/cpj-human-rights-organizations-urge-jordanian-authorities-to-reverse-decision-to-block-websites/#respond Fri, 23 May 2025 14:33:59 +0000 https://cpj.org/?p=482320 In a joint statement, the Committee to Protect Journalists and 23 other human rights organizations called on the Jordanian government to immediately reverse the May 14 decision to block 12 websites and lift the ban on all affected platforms unconditionally.

The statement urges the government to publicly disclose the legal basis for the actions against these websites and ensure access to effective legal remedies to challenge blocking decisions before an independent judiciary, in line with constitutional and international standards. The statement also asks for a comprehensive review of the 2023 Cybercrime Law through a transparent and participatory process involving civil society organizations, media actors, and legal experts.

The organizations affirm that protecting press freedom and media pluralism is not incompatible with the rule of law; but is a prerequisite for it.

Read the full letter in English and العربية here.


This content originally appeared on Committee to Protect Journalists and was authored by CPJ Staff.

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They’re Coming for Your Birthright: Citizenship as Spectacle, Transaction, or Privilege https://www.radiofree.org/2025/05/21/theyre-coming-for-your-birthright-citizenship-as-spectacle-transaction-or-privilege/ https://www.radiofree.org/2025/05/21/theyre-coming-for-your-birthright-citizenship-as-spectacle-transaction-or-privilege/#respond Wed, 21 May 2025 14:00:42 +0000 https://dissidentvoice.org/?p=158426 A $5 million gold card. A reality show for migrants. A birthright under assault. Let us be very clear: the Trump Administration does not want citizenship to be a right. They want it to be a reward for the loyal, the rich, or the compliant. To this end, President Trump’s bid to unilaterally end birthright citizenship for […]

The post They’re Coming for Your Birthright: Citizenship as Spectacle, Transaction, or Privilege first appeared on Dissident Voice.]]>
A $5 million gold card. A reality show for migrants. A birthright under assault.

Let us be very clear: the Trump Administration does not want citizenship to be a right. They want it to be a reward for the loyal, the rich, or the compliant.

To this end, President Trump’s bid to unilaterally end birthright citizenship for children born in the United States to undocumented immigrants is a modern-day Trojan horse masquerading as a concern for national security.

This is not about protecting America, but redefining America from the top down.

That redefinition is already underway.

The Trump Administration’s plans to sell $5 million “gold cards” to wealthy investors as a path to citizenship and consideration of a pitch for a reality show that would “pit immigrants against each other for a chance at a fast-tracked path to citizenship” are not just absurd—they’re obscene.

They reveal a government willing to reduce constitutional rights to commodities, auctioned off to the highest bidder or trivialized for ratings.

This governing by performance turns a constitutional guarantee into a privilege for sale or spectacle. It’s part of a calculated effort to recast citizenship as conditional, transactional, and exclusionary. Whether by wealth, loyalty, or ideology, this emerging framework decides who is “deserving” of rights—and who is not.

It is fear-based nationalism that disguises a deeper threat: the normalization of government power to decide who is entitled to rights and who is not.

We see this in action with the Trump Administration’s stance on childbirth and citizenship.

It’s a contradiction: while the Trump Administration decries falling birthrates and offers financial incentives for childbirth, it demonizes birthright citizenship for the very communities that are actually having children and contributing significantly to the economy without any guarantee of anything in return.

Yet this brazenly hypocritical double standard is just a distraction, part of the political theater designed to pit Americans against each other while the power brokers rewrite the rules behind closed doors.

The real power play rests in the Trump Administration’s efforts to gut the Fourteenth Amendment, sidestep the courts, and redefine who qualifies as American—all by executive fiat.

Redefining citizenship by executive order is not governance. It is a bloodless coup—one that overthrows a constitutional republic founded on the rule of law—to reconfigure the face of the nation in the image of the unelected Deep State and its machinery of control.

Enacted in the wake of the Civil War, the Fourteenth Amendment was designed to ensure that all persons born on U.S. soil would be recognized as full citizens—a direct rebuke to the Supreme Court’s infamous Dred Scott decision, which held that Black Americans could not be citizens. Its language is unambiguous: all persons born or naturalized in the U.S., and subject to its jurisdiction, are citizens.

This principle was upheld by the Supreme Court in United States v. Wong Kim Ark (1898), which affirmed that children born in the U.S. to foreign nationals are entitled to citizenship under the Fourteenth Amendment.

That precedent still stands.

Yet that legacy—of constitutional protections prevailing over prejudice—is now at risk.

Some have recently argued—including the Trump Administration in legal filings—that the Fourteenth Amendment was intended solely to grant citizenship to the children of former slaves after the Civil War, and thus no longer applies to children born to undocumented immigrants. But if that logic is taken seriously, it undermines the citizenship of everyone born in America.

After all, if the government—not the Constitution—gets to decide who qualifies as a citizen, then no one’s status is secure.

If your citizenship depends on government approval, your rights aren’t inalienable—they’re transitory privileges.

That’s not just bad law. It’s tyranny in the making.

Despite Trump’s attempts to rule by fiat and executive order, presidents cannot pick and choose which parts of the Constitution they will honor.

Yet perhaps even more concerning than Trump’s war on birthright citizenship itself is the administration’s underlying legal strategy to test the limits of judicial authority—specifically, to restrict the power of federal district courts to issue nationwide injunctions against unconstitutional actions.

You see, this is not just an immigration battle, nor is it only a challenge to the Fourteenth Amendment.

It is a calculated attempt to strip the judiciary of its ability to check executive abuse and a full-frontal assault on the judiciary’s role as a co-equal branch of government entrusted with interpreting the law and defending individual rights against majoritarian overreach.

If successful, it would mark a seismic shift in the balance of powers, subordinating the courts to the whims of the executive branch.

As James Madison wrote, the accumulation of all powers in the same hands may justly be pronounced the very definition of tyranny.

The same unchecked power used to deny citizenship to the children of immigrants today could just as easily be turned against you to strip you of your citizenship, based on your political beliefs, religious views, or failure to toe the party line.

This is the danger the Founders warned against: a government that grants rights only to the loyal, the favored, or the compliant.

And make no mistake: what we’re witnessing is another point along the slippery slope of the effort to recast birthright citizenship—not as a right—but as a privilege, subject to political approval and ideological purity tests.

In this emerging framework, being born in America is no longer enough—you must also prove your worth, allegiance, and compliance.

Worse still, this would set a precedent that constitutional rights can be rewritten by executive whim, paving the way for even greater erosions of liberty.

If we do not hold the line here, this erosion of liberty will only accelerate.

Birthright citizenship is more than a legal technicality. It is a cornerstone of American democracy and equality. The attempt to destroy it through executive power is a direct threat to the rule of law, the independence of the judiciary, and the future of liberty in America.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, if the government can erase one constitutional right today, it can erase another tomorrow.

This is exactly why the Founders drafted a Constitution that limits power and protects individuals, not just the popular or the powerful.

Once we allow the government to decide who is “deserving” of rights, we’ve already surrendered the rule of law. What remains is not a constitutional republic, but an empire of arbitrary rule.

The post They’re Coming for Your Birthright: Citizenship as Spectacle, Transaction, or Privilege first appeared on Dissident Voice.


This content originally appeared on Dissident Voice and was authored by John W. Whitehead and Nisha Whitehead.

]]>
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They’re Coming for Your Birthright: Citizenship as Spectacle, Transaction, or Privilege https://www.radiofree.org/2025/05/21/theyre-coming-for-your-birthright-citizenship-as-spectacle-transaction-or-privilege-2/ https://www.radiofree.org/2025/05/21/theyre-coming-for-your-birthright-citizenship-as-spectacle-transaction-or-privilege-2/#respond Wed, 21 May 2025 14:00:42 +0000 https://dissidentvoice.org/?p=158426 A $5 million gold card. A reality show for migrants. A birthright under assault. Let us be very clear: the Trump Administration does not want citizenship to be a right. They want it to be a reward for the loyal, the rich, or the compliant. To this end, President Trump’s bid to unilaterally end birthright citizenship for […]

The post They’re Coming for Your Birthright: Citizenship as Spectacle, Transaction, or Privilege first appeared on Dissident Voice.]]>
A $5 million gold card. A reality show for migrants. A birthright under assault.

Let us be very clear: the Trump Administration does not want citizenship to be a right. They want it to be a reward for the loyal, the rich, or the compliant.

To this end, President Trump’s bid to unilaterally end birthright citizenship for children born in the United States to undocumented immigrants is a modern-day Trojan horse masquerading as a concern for national security.

This is not about protecting America, but redefining America from the top down.

That redefinition is already underway.

The Trump Administration’s plans to sell $5 million “gold cards” to wealthy investors as a path to citizenship and consideration of a pitch for a reality show that would “pit immigrants against each other for a chance at a fast-tracked path to citizenship” are not just absurd—they’re obscene.

They reveal a government willing to reduce constitutional rights to commodities, auctioned off to the highest bidder or trivialized for ratings.

This governing by performance turns a constitutional guarantee into a privilege for sale or spectacle. It’s part of a calculated effort to recast citizenship as conditional, transactional, and exclusionary. Whether by wealth, loyalty, or ideology, this emerging framework decides who is “deserving” of rights—and who is not.

It is fear-based nationalism that disguises a deeper threat: the normalization of government power to decide who is entitled to rights and who is not.

We see this in action with the Trump Administration’s stance on childbirth and citizenship.

It’s a contradiction: while the Trump Administration decries falling birthrates and offers financial incentives for childbirth, it demonizes birthright citizenship for the very communities that are actually having children and contributing significantly to the economy without any guarantee of anything in return.

Yet this brazenly hypocritical double standard is just a distraction, part of the political theater designed to pit Americans against each other while the power brokers rewrite the rules behind closed doors.

The real power play rests in the Trump Administration’s efforts to gut the Fourteenth Amendment, sidestep the courts, and redefine who qualifies as American—all by executive fiat.

Redefining citizenship by executive order is not governance. It is a bloodless coup—one that overthrows a constitutional republic founded on the rule of law—to reconfigure the face of the nation in the image of the unelected Deep State and its machinery of control.

Enacted in the wake of the Civil War, the Fourteenth Amendment was designed to ensure that all persons born on U.S. soil would be recognized as full citizens—a direct rebuke to the Supreme Court’s infamous Dred Scott decision, which held that Black Americans could not be citizens. Its language is unambiguous: all persons born or naturalized in the U.S., and subject to its jurisdiction, are citizens.

This principle was upheld by the Supreme Court in United States v. Wong Kim Ark (1898), which affirmed that children born in the U.S. to foreign nationals are entitled to citizenship under the Fourteenth Amendment.

That precedent still stands.

Yet that legacy—of constitutional protections prevailing over prejudice—is now at risk.

Some have recently argued—including the Trump Administration in legal filings—that the Fourteenth Amendment was intended solely to grant citizenship to the children of former slaves after the Civil War, and thus no longer applies to children born to undocumented immigrants. But if that logic is taken seriously, it undermines the citizenship of everyone born in America.

After all, if the government—not the Constitution—gets to decide who qualifies as a citizen, then no one’s status is secure.

If your citizenship depends on government approval, your rights aren’t inalienable—they’re transitory privileges.

That’s not just bad law. It’s tyranny in the making.

Despite Trump’s attempts to rule by fiat and executive order, presidents cannot pick and choose which parts of the Constitution they will honor.

Yet perhaps even more concerning than Trump’s war on birthright citizenship itself is the administration’s underlying legal strategy to test the limits of judicial authority—specifically, to restrict the power of federal district courts to issue nationwide injunctions against unconstitutional actions.

You see, this is not just an immigration battle, nor is it only a challenge to the Fourteenth Amendment.

It is a calculated attempt to strip the judiciary of its ability to check executive abuse and a full-frontal assault on the judiciary’s role as a co-equal branch of government entrusted with interpreting the law and defending individual rights against majoritarian overreach.

If successful, it would mark a seismic shift in the balance of powers, subordinating the courts to the whims of the executive branch.

As James Madison wrote, the accumulation of all powers in the same hands may justly be pronounced the very definition of tyranny.

The same unchecked power used to deny citizenship to the children of immigrants today could just as easily be turned against you to strip you of your citizenship, based on your political beliefs, religious views, or failure to toe the party line.

This is the danger the Founders warned against: a government that grants rights only to the loyal, the favored, or the compliant.

And make no mistake: what we’re witnessing is another point along the slippery slope of the effort to recast birthright citizenship—not as a right—but as a privilege, subject to political approval and ideological purity tests.

In this emerging framework, being born in America is no longer enough—you must also prove your worth, allegiance, and compliance.

Worse still, this would set a precedent that constitutional rights can be rewritten by executive whim, paving the way for even greater erosions of liberty.

If we do not hold the line here, this erosion of liberty will only accelerate.

Birthright citizenship is more than a legal technicality. It is a cornerstone of American democracy and equality. The attempt to destroy it through executive power is a direct threat to the rule of law, the independence of the judiciary, and the future of liberty in America.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, if the government can erase one constitutional right today, it can erase another tomorrow.

This is exactly why the Founders drafted a Constitution that limits power and protects individuals, not just the popular or the powerful.

Once we allow the government to decide who is “deserving” of rights, we’ve already surrendered the rule of law. What remains is not a constitutional republic, but an empire of arbitrary rule.

The post They’re Coming for Your Birthright: Citizenship as Spectacle, Transaction, or Privilege first appeared on Dissident Voice.


This content originally appeared on Dissident Voice and was authored by John W. Whitehead and Nisha Whitehead.

]]>
https://www.radiofree.org/2025/05/21/theyre-coming-for-your-birthright-citizenship-as-spectacle-transaction-or-privilege-2/feed/ 0 534112
They’re Coming for Your Birthright: Citizenship as Spectacle, Transaction, or Privilege https://www.radiofree.org/2025/05/21/theyre-coming-for-your-birthright-citizenship-as-spectacle-transaction-or-privilege-3/ https://www.radiofree.org/2025/05/21/theyre-coming-for-your-birthright-citizenship-as-spectacle-transaction-or-privilege-3/#respond Wed, 21 May 2025 14:00:42 +0000 https://dissidentvoice.org/?p=158426 A $5 million gold card. A reality show for migrants. A birthright under assault. Let us be very clear: the Trump Administration does not want citizenship to be a right. They want it to be a reward for the loyal, the rich, or the compliant. To this end, President Trump’s bid to unilaterally end birthright citizenship for […]

The post They’re Coming for Your Birthright: Citizenship as Spectacle, Transaction, or Privilege first appeared on Dissident Voice.]]>
A $5 million gold card. A reality show for migrants. A birthright under assault.

Let us be very clear: the Trump Administration does not want citizenship to be a right. They want it to be a reward for the loyal, the rich, or the compliant.

To this end, President Trump’s bid to unilaterally end birthright citizenship for children born in the United States to undocumented immigrants is a modern-day Trojan horse masquerading as a concern for national security.

This is not about protecting America, but redefining America from the top down.

That redefinition is already underway.

The Trump Administration’s plans to sell $5 million “gold cards” to wealthy investors as a path to citizenship and consideration of a pitch for a reality show that would “pit immigrants against each other for a chance at a fast-tracked path to citizenship” are not just absurd—they’re obscene.

They reveal a government willing to reduce constitutional rights to commodities, auctioned off to the highest bidder or trivialized for ratings.

This governing by performance turns a constitutional guarantee into a privilege for sale or spectacle. It’s part of a calculated effort to recast citizenship as conditional, transactional, and exclusionary. Whether by wealth, loyalty, or ideology, this emerging framework decides who is “deserving” of rights—and who is not.

It is fear-based nationalism that disguises a deeper threat: the normalization of government power to decide who is entitled to rights and who is not.

We see this in action with the Trump Administration’s stance on childbirth and citizenship.

It’s a contradiction: while the Trump Administration decries falling birthrates and offers financial incentives for childbirth, it demonizes birthright citizenship for the very communities that are actually having children and contributing significantly to the economy without any guarantee of anything in return.

Yet this brazenly hypocritical double standard is just a distraction, part of the political theater designed to pit Americans against each other while the power brokers rewrite the rules behind closed doors.

The real power play rests in the Trump Administration’s efforts to gut the Fourteenth Amendment, sidestep the courts, and redefine who qualifies as American—all by executive fiat.

Redefining citizenship by executive order is not governance. It is a bloodless coup—one that overthrows a constitutional republic founded on the rule of law—to reconfigure the face of the nation in the image of the unelected Deep State and its machinery of control.

Enacted in the wake of the Civil War, the Fourteenth Amendment was designed to ensure that all persons born on U.S. soil would be recognized as full citizens—a direct rebuke to the Supreme Court’s infamous Dred Scott decision, which held that Black Americans could not be citizens. Its language is unambiguous: all persons born or naturalized in the U.S., and subject to its jurisdiction, are citizens.

This principle was upheld by the Supreme Court in United States v. Wong Kim Ark (1898), which affirmed that children born in the U.S. to foreign nationals are entitled to citizenship under the Fourteenth Amendment.

That precedent still stands.

Yet that legacy—of constitutional protections prevailing over prejudice—is now at risk.

Some have recently argued—including the Trump Administration in legal filings—that the Fourteenth Amendment was intended solely to grant citizenship to the children of former slaves after the Civil War, and thus no longer applies to children born to undocumented immigrants. But if that logic is taken seriously, it undermines the citizenship of everyone born in America.

After all, if the government—not the Constitution—gets to decide who qualifies as a citizen, then no one’s status is secure.

If your citizenship depends on government approval, your rights aren’t inalienable—they’re transitory privileges.

That’s not just bad law. It’s tyranny in the making.

Despite Trump’s attempts to rule by fiat and executive order, presidents cannot pick and choose which parts of the Constitution they will honor.

Yet perhaps even more concerning than Trump’s war on birthright citizenship itself is the administration’s underlying legal strategy to test the limits of judicial authority—specifically, to restrict the power of federal district courts to issue nationwide injunctions against unconstitutional actions.

You see, this is not just an immigration battle, nor is it only a challenge to the Fourteenth Amendment.

It is a calculated attempt to strip the judiciary of its ability to check executive abuse and a full-frontal assault on the judiciary’s role as a co-equal branch of government entrusted with interpreting the law and defending individual rights against majoritarian overreach.

If successful, it would mark a seismic shift in the balance of powers, subordinating the courts to the whims of the executive branch.

As James Madison wrote, the accumulation of all powers in the same hands may justly be pronounced the very definition of tyranny.

The same unchecked power used to deny citizenship to the children of immigrants today could just as easily be turned against you to strip you of your citizenship, based on your political beliefs, religious views, or failure to toe the party line.

This is the danger the Founders warned against: a government that grants rights only to the loyal, the favored, or the compliant.

And make no mistake: what we’re witnessing is another point along the slippery slope of the effort to recast birthright citizenship—not as a right—but as a privilege, subject to political approval and ideological purity tests.

In this emerging framework, being born in America is no longer enough—you must also prove your worth, allegiance, and compliance.

Worse still, this would set a precedent that constitutional rights can be rewritten by executive whim, paving the way for even greater erosions of liberty.

If we do not hold the line here, this erosion of liberty will only accelerate.

Birthright citizenship is more than a legal technicality. It is a cornerstone of American democracy and equality. The attempt to destroy it through executive power is a direct threat to the rule of law, the independence of the judiciary, and the future of liberty in America.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, if the government can erase one constitutional right today, it can erase another tomorrow.

This is exactly why the Founders drafted a Constitution that limits power and protects individuals, not just the popular or the powerful.

Once we allow the government to decide who is “deserving” of rights, we’ve already surrendered the rule of law. What remains is not a constitutional republic, but an empire of arbitrary rule.

The post They’re Coming for Your Birthright: Citizenship as Spectacle, Transaction, or Privilege first appeared on Dissident Voice.


This content originally appeared on Dissident Voice and was authored by John W. Whitehead and Nisha Whitehead.

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EU decision on Israel must turn into action, CPJ says https://www.radiofree.org/2025/05/20/eu-decision-on-israel-must-turn-into-action-cpj-says/ https://www.radiofree.org/2025/05/20/eu-decision-on-israel-must-turn-into-action-cpj-says/#respond Tue, 20 May 2025 20:57:28 +0000 https://cpj.org/?p=480910 New York, May 20, 2025—The Committee to Protect Journalists welcomes Tuesday’s decision by European Union foreign ministers to review the EU-Israel Association Agreement, which sets out the EU’s legal and institutional framework for political dialogue and economic cooperation with Israel.

The review could in principle lead to a suspension of the EU-Israel Association Agreement. CPJ has been calling for a suspension, as well as for the EU to adopt targeted sanctions against IDF officials and others responsible, since August 2024, on the basis of Israel’s violations of international human rights and criminal law.

Ireland and Spain had previously pressed for an EU review; however, divisions remained within the bloc on openly and publicly challenging Israel. The EU’s decision, along with today’s UK move to pause “its free trade agreement negotiations with Israel” could signal a shift in political opinion in Europe. 

“Although today’s decision is welcome, it comes too late,” said Tom Gibson, CPJ’s deputy advocacy director, EU. “A review must now be carried out swiftly and EU member states must be ready to finally hold Israel to account for its unprecedented attack on press freedom and egregious abuses of international law.”

A suspension of the EU agreement would need to be made unanimously by member states and with the agreement of the European Commission.


This content originally appeared on Committee to Protect Journalists and was authored by CPJ Staff.

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This Supreme Court Decision Could Determine the Future of Charter Schools https://www.radiofree.org/2025/05/14/this-supreme-court-decision-could-determine-the-future-of-charter-schools/ https://www.radiofree.org/2025/05/14/this-supreme-court-decision-could-determine-the-future-of-charter-schools/#respond Wed, 14 May 2025 13:30:00 +0000 https://progressive.org/public-schools-advocate/this-supreme-court-decision-could-determine-the-future-of-charter-schools-burris-20250513/
This content originally appeared on The Progressive — A voice for peace, social justice, and the common good and was authored by Carol Burris.

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If I Stayed, I Would’ve Died: Journalist Abubaker Abed on "Agonizing" Decision to Leave Gaza https://www.radiofree.org/2025/05/13/if-i-stayed-i-wouldve-died-journalist-abubaker-abed-on-agonizing-decision-to-leave-gaza-3/ https://www.radiofree.org/2025/05/13/if-i-stayed-i-wouldve-died-journalist-abubaker-abed-on-agonizing-decision-to-leave-gaza-3/#respond Tue, 13 May 2025 15:09:51 +0000 http://www.radiofree.org/?guid=f24979d2f358bf798570a7a06e771471
This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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If I Stayed, I Would’ve Died: Journalist Abubaker Abed on “Agonizing” Decision to Leave Gaza https://www.radiofree.org/2025/05/13/if-i-stayed-i-wouldve-died-journalist-abubaker-abed-on-agonizing-decision-to-leave-gaza/ https://www.radiofree.org/2025/05/13/if-i-stayed-i-wouldve-died-journalist-abubaker-abed-on-agonizing-decision-to-leave-gaza/#respond Tue, 13 May 2025 12:49:06 +0000 http://www.radiofree.org/?guid=76264c8cdf382a8ced325da4401ccdbd Guest seg abubaker

We speak with 22-year-old Palestinian journalist Abubaker Abed in Ireland after he evacuated Gaza last month suffering from malnutrition and under threat for his reporting on Israel’s genocide. Abed describes himself as an “accidental war correspondent” and hoped to become a sports journalist and commentator before the start of the war, but spent much of the last two years reporting on daily death and destruction. He says leaving Gaza was “a very agonizing decision” for him and that he feels tremendous guilt for now having access to food, water and medicine while so many Palestinians continue to suffer. “I can’t really tell you that I’m safe here. I’m probably a physical survivor, but not an emotional survivor. The images that I took with me from Gaza are still haunting me,” says Abed. “My whole family is still in Gaza, my friends, my colleagues. And all of them, I’m just thinking about them every single second all day.”


This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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If I Stayed, I Would’ve Died: Journalist Abubaker Abed on “Agonizing” Decision to Leave Gaza https://www.radiofree.org/2025/05/13/if-i-stayed-i-wouldve-died-journalist-abubaker-abed-on-agonizing-decision-to-leave-gaza-2/ https://www.radiofree.org/2025/05/13/if-i-stayed-i-wouldve-died-journalist-abubaker-abed-on-agonizing-decision-to-leave-gaza-2/#respond Tue, 13 May 2025 12:49:06 +0000 http://www.radiofree.org/?guid=76264c8cdf382a8ced325da4401ccdbd Guest seg abubaker

We speak with 22-year-old Palestinian journalist Abubaker Abed in Ireland after he evacuated Gaza last month suffering from malnutrition and under threat for his reporting on Israel’s genocide. Abed describes himself as an “accidental war correspondent” and hoped to become a sports journalist and commentator before the start of the war, but spent much of the last two years reporting on daily death and destruction. He says leaving Gaza was “a very agonizing decision” for him and that he feels tremendous guilt for now having access to food, water and medicine while so many Palestinians continue to suffer. “I can’t really tell you that I’m safe here. I’m probably a physical survivor, but not an emotional survivor. The images that I took with me from Gaza are still haunting me,” says Abed. “My whole family is still in Gaza, my friends, my colleagues. And all of them, I’m just thinking about them every single second all day.”


This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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CPJ, others call on Nicaragua to reverse decision to leave UNESCO https://www.radiofree.org/2025/05/07/cpj-others-call-on-nicaragua-to-reverse-decision-to-leave-unesco/ https://www.radiofree.org/2025/05/07/cpj-others-call-on-nicaragua-to-reverse-decision-to-leave-unesco/#respond Wed, 07 May 2025 18:46:59 +0000 https://cpj.org/?p=477139 Mexico City, May 7, 2025—The Committee to Protect Journalists joined six other international press freedom organizations in a statement urging the Nicaraguan government to reverse its May 4 decision to withdraw from the United Nations Educational, Scientific, and Cultural Organization (UNESCO), saying the move further erodes freedom of expression in the country.

UNESCO Director-General Audrey Azoulay confirmed Nicaragua formally notified the agency of its exit just days after UNESCO announced that its 2025 World Press Freedom Prize will honor the exiled Nicaraguan daily La Prensa, which has operated online from abroad since police raided its newsroom and jailed staffers in 2021. President Daniel Ortega accused the U.N. body of attacking Nicaragua’s “national identity.”

The withdrawal follows Nicaragua’s earlier exits from other U.N. and Inter-American human-rights mechanisms. CPJ and its partners warn that cutting ties with oversight bodies strips Nicaraguans of vital avenues to defend their rights and deepens the nation’s isolation.

Read the full statement in English and Español.


This content originally appeared on Committee to Protect Journalists and was authored by CPJ Staff.

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A forthcoming Supreme Court decision could limit agencies’ duty to consider environmental harms https://grist.org/regulation/nepa-environmental-review-supreme-court-trump-seven-county-infrastructure-coalition-v-eagle-county-colorado/ https://grist.org/regulation/nepa-environmental-review-supreme-court-trump-seven-county-infrastructure-coalition-v-eagle-county-colorado/#respond Thu, 24 Apr 2025 08:30:00 +0000 https://grist.org/?p=663810 A forthcoming Supreme Court decision is poised to weaken a bedrock law that requires federal agencies to study the potential environmental impacts of major projects.

The case, Seven County Infrastructure Coalition v. Eagle County, Colorado, concerns a proposed 88-mile railroad that would link an oil-producing region of Utah to tracks that reach refineries in the Gulf Coast. Environmental groups and a Colorado county argued that the federal Surface Transportation Board failed to adequately consider climate, pollution, and other effects as required under the National Environmental Protection Act, or NEPA, in approving the project. In 2023, the District of Columbia Circuit Court of Appeals ruled in favor of the challengers. The groups behind the railway project, including several Utah counties, appealed the case to the highest court, which is expected to hand down a decision within the next few months. 

Court observers told Grist the Supreme Court will likely rule in favor of the railway developers, with consequences far beyond Utah. The court could limit the scope of environmental harms federal agencies have to consider under NEPA, including climate impacts. Depending on how the justices rule, the decision could also bolster — or constrain — parallel moves by the Trump administration to roll back decades-old regulations governing how NEPA is implemented.

“All of these rollbacks and attacks on NEPA are going to harm communities, especially those that are dealing with the worst effects of climate change and industrial pollution,” said Wendy Park, senior attorney at the nonprofit Center for Biological Diversity, a party in the Supreme Court case. 

Since 1970, NEPA has required federal agencies to take a “hard look” at the environmental effects of proposed major projects or actions. Oil and gas pipelines, dams, mines, highways, and other infrastructure projects must undergo an environmental study before they can get federal permits, for example. Agencies consider measures to reduce potential impacts during their review and can even reject a proposal if the harms outweigh the benefits. 

NEPA ensures that environmental concerns are “part of the agenda” for all federal agencies — even ones that don’t otherwise focus on the environment, said Dan Farber, a law professor at the University of California Berkeley. It’s also a crucial tool for communities to understand how a project will affect them and provide input during the decision-making process, according to Park. 

Two black cylindrical rail cars are hitched to each other, with a third in the background and an empty railroad track in the foreground
Oil tanker railway cars in Albany, New York, in 2014.
John Carl D’Annibale / Albany Times Union via Getty Images

In 2021, the Surface Transportation Board, a small federal agency that oversees railways, approved a line that would connect the Uinta Basin to the national rail network. The basin, which contains large deposits of crude oil, spans about 12,000 square miles across northeastern Utah and northwestern Colorado and is currently accessible only by truck. The proposed track would allow companies to transport crude oil to existing refineries along the Gulf Coast, quadrupling waxy crude oil production in the basin. According to the agency’s environmental review, under a high oil production scenario, burning those fuels “could represent up to approximately 0.8 percent of nationwide emissions and 0.1 percent of global emissions” — about 30 million tons of carbon dioxide a year.

Environmental groups and a Colorado county challenged the board’s approval at the D.C. Circuit Court. The groups argued that the agency had failed to consider key impacts in its NEPA review, including the effects of increased oil refining on communities already burdened by pollution along the Gulf Coast of Louisiana and Texas, and the potential for more oil spills and wildfires along the broader rail network. In August 2023, the D.C. Circuit largely agreed, finding “numerous NEPA violations” in the agency’s environmental review.

In their appeal to the Supreme Court, the developers of the railway initially argued that an agency shouldn’t have to consider any environmental effects of a project that would fall under the responsibility of a different agency. In this case, for example, the Surface Transportation Board wouldn’t have to consider air pollution impacts of oil refining on Gulf Coast communities because the Environmental Protection Agency, not the Surface Transportation Board, regulates air pollution. 

By oral arguments in December, however, the railway backers had walked away from this drastic interpretation, which contradicts decades of NEPA precedent. It’s standard practice for one agency’s environmental review to study impacts that fall under the responsibility of other agencies, said Deborah Sivas, a law professor at Stanford University. The railway proponents instead proposed that agencies shouldn’t have to consider impacts that fall outside of their authority and are remote in time and space.” That would include the effects on Gulf Coast communities residing thousands of miles away — as well as climate impacts like greenhouse gas emissions.

Park, from the Center for Biological Diversity, argued that overlooking those impacts would undermine the intent of NEPA, which is to inform the public of likely harms. “The entire purpose of this project is to ramp up oil production in Utah and to deliver that oil to Gulf Coast refineries,” she said. “To effectively allow the agency to turn a blind eye to that purpose and ignore all of the predictable environmental harms that would result from that ramped-up oil production and downstream refining is antithetical to NEPA’s purpose.” 

Lawyers for the railway’s developers didn’t respond to Grist’s request for comment. A coalition of Utah counties backing the project has previously underlined the economic potential of the project. “We are optimistic about the Supreme Court’s review and confident in the thorough environmental assessments conducted by the STB,” said Keith Heaton, director of the Seven County Infrastructure Coalition, said in a statement after the Supreme Court agreed to hear the case. “This project is vital for the economic growth and connectivity of the Uinta Basin region, and we are committed to seeing it through.”

The Supreme Court has historically always ruled in favor of the government in NEPA cases, and legal experts told Grist the decision will likely support the railway developers in some manner. But during oral arguments, several justices seemed skeptical of positions presented by railway supporters. Chief Justice John Roberts noted that imposing such severe limits on NEPA review could open agencies up to legal risk. 

A close-up of a white man's face. He is smiling tightly, has gray hair, and is wearing a red tie
Supreme Court Chief Justice John Roberts poses for an official portrait in 2022. Alex Wong / Getty Images

The court could reach some kind of middle ground in its decision — not going as far as the D.C. Circuit to affirm the legitimacy of considering a wide range of climate and other risks, but also not excluding as many impacts as the railway developers had hoped, said Farber. 

Any decision will ultimately serve as an important guide for agencies as the Trump administration introduces even more uncertainty in the federal permitting process. In February, the administration issued an interim rule to rescind regulations issued by the White House Council on Environmental Quality, which oversees NEPA implementation across the federal government. The council’s rules have guided agencies in applying the law for nearly five decades. Now, Trump officials have left it up to each individual agency to develop its own regulations by next February

In developing those standards, agencies will likely look to the Supreme Court’s decision, legal experts said. “What the Supreme Court rules here could be a very important guide as to how agencies implement NEPA and how they fashion their regulations interpreting NEPA,” said Park. If the court rules that agencies don’t need to consider climate impacts in NEPA reviews, for example, that could make it easier for Trump appointees to ignore greenhouse gas emissions, said Sivas. The White House has already instructed agencies not to include environmental justice impacts in their assessments.

On the other hand, a more nuanced opinion by the Supreme Court could end up undercutting efforts by the Trump administration to limit the scope of environmental reviews, said Farber. If justices end up affirming the need to consider certain impacts of the Utah railway project, for example, that could limit how much agencies under Trump can legally avoid evaluating particular effects. Agencies need to design regulations that will withstand challenges in lower courts — which will inevitably rely on the Supreme Court’s ruling when deciding on NEPA challenges moving forward.

In the meantime, however, legal experts say that Trump’s decision to have each agency create its own NEPA regulations will create even more chaos and uncertainty, even as the administration seeks to “expedite and simplify the permitting process” through sweeping reforms. 

“I think that’s going to just slow down the process more and cause more confusion, and not really serve their own goals,” said Farber.

This story was originally published by Grist with the headline A forthcoming Supreme Court decision could limit agencies’ duty to consider environmental harms on Apr 24, 2025.


This content originally appeared on Grist and was authored by Akielly Hu.

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Israel’s decision to again block humanitarian aid to Gaza a flagrant violation of international law https://www.radiofree.org/2025/03/04/israels-decision-to-again-block-humanitarian-aid-to-gaza-a-flagrant-violation-of-international-law/ https://www.radiofree.org/2025/03/04/israels-decision-to-again-block-humanitarian-aid-to-gaza-a-flagrant-violation-of-international-law/#respond Tue, 04 Mar 2025 10:57:11 +0000 http://www.radiofree.org/?guid=bcec5cbc74fd6cf1a422f1cc3c54d2aa
This content originally appeared on Human Rights Watch and was authored by Human Rights Watch.

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“We Feel Terrorized”: What EPA Employees Say About the Decision to Stay or Go Under Trump https://www.radiofree.org/2025/02/07/we-feel-terrorized-what-epa-employees-say-about-the-decision-to-stay-or-go-under-trump-2/ https://www.radiofree.org/2025/02/07/we-feel-terrorized-what-epa-employees-say-about-the-decision-to-stay-or-go-under-trump-2/#respond Fri, 07 Feb 2025 20:11:10 +0000 http://www.radiofree.org/?guid=0af1c275c99bf62acf7647d8370bea89
This content originally appeared on ProPublica and was authored by ProPublica.

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“We Feel Terrorized”: What EPA Employees Say About the Decision to Stay or Go Under Trump https://www.radiofree.org/2025/02/06/we-feel-terrorized-what-epa-employees-say-about-the-decision-to-stay-or-go-under-trump/ https://www.radiofree.org/2025/02/06/we-feel-terrorized-what-epa-employees-say-about-the-decision-to-stay-or-go-under-trump/#respond Thu, 06 Feb 2025 10:00:00 +0000 https://www.propublica.org/article/epa-workers-resign-trump by Sharon Lerner and Pratheek Rebala

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

In the face of the Trump administration’s aggressive efforts to reshape the Environmental Protection Agency and drive out its workers, more than 300 career employees have left their jobs since the election, according to a ProPublica analysis of personnel data.

The numbers account for a relatively small share of the overall workforce at the EPA, but those who have departed include specialist civil servants crucial to its mission: toxicologists, lawyers, engineers, biologists, toxic waste specialists, emergency workers, and water and air quality experts.

Gary Jonesi made the decision to leave on election night. An attorney who helped enforce environmental laws for almost 40 years, he had loved working for the agency under both Democratic and Republican presidents. But he feared what the incoming administration might do.

In the past weeks, as the Trump administration has signaled radical changes at the agency and attempted to entice workers into leaving, he feels he made the right choice. “I didn’t know it was going to be this bad,” said Jonesi, who worked on litigation related to the 2010 Deepwater Horizon spill in the Gulf of Mexico as well as cases that involved both water and air pollution. “I feel for my old colleagues. And I feel for the American public, who are being put in danger.”

Other career employees expressed a mixture of fear, resignation and quiet defiance as they faced a painful decision: quit or work for an administration that has openly proclaimed its intention to radically transform the agency in addition to rolling back environmental protections.

In his first weeks in office, President Donald Trump announced plans to reverse efforts to address climate change, abandon the EPA’s decadeslong focus on protecting the most vulnerable communities from pollution and step away from other key initiatives at the heart of the agency’s work.

At the same time, Trump has embarked on an unprecedented government-wide campaign to drive workers from their jobs. Employees throughout the federal government received offers to resign but get paid through September — a move experts say is legally questionable and unions have challenged in court. Some recently hired workers who are still on probation have been told their agencies have the right to immediately let them go.

EPA workers face additional threats. Trump’s team has discussed relocating the agency’s headquarters outside of Washington, D.C., a move that would likely force many of the roughly 7,000 employees who work there to quit. And he issued an executive order on “radical and wasteful government DEI programs,” which included a directive to terminate, “to the maximum extent allowed by law,” all environmental justice offices and positions. The order could result in the firing of hundreds of staff members who work on pollution in disproportionately burdened areas, which often have lower incomes, higher percentages of residents of color or both.

At a sometimes tearful meeting held at EPA headquarters and online on Wednesday, leaders of the agency’s Office of Environmental Justice and External Civil Rights told staff members that the EPA was beginning to implement that directive. “We’re all preparing for the worst,” said one environmental protection specialist who attended the meeting, where workers were instructed to prepare for the possibility of being placed on administrative leave and download their human resources files. “We’re preparing to be laid off.”

Employees in other parts of the agency are similarly distraught.

“We feel terrorized,” said one of the more than 20 current EPA employees who communicated with ProPublica about their experience of working at the agency under the second Trump administration. None said they planned to take up the offer to resign, a proposal that the agency said in numerous emails is open to staff until Thursday.

While there is an obvious appeal of quitting a job when your employer is aggressively trying to oust you, the EPA staffer, whose work involves measuring pollution levels in air, water and soil at contaminated sites, said he felt a moral obligation to stay.

“If I leave, my experience would go with me and there would be no replacement,” he said. (Along with the other EPA employees quoted in this story, the scientist spoke on the condition of anonymity because of fear of retribution by the Trump administration.)

Others found the financial enticements to leave insulting. “I don’t work here for the fucking money,” said one longtime agency employee who works on air pollution. “I work here because I believe in it, and I want to serve the public.”

An emergency worker who responds to chemical fires, oil spills and national disasters echoed that sentiment, saying he has no intention of walking away from the work he’s done for more than 20 years, which he described as “the most challenging and amazing job there is.”

Other EPA employees are already bracing themselves for the possible end of their stints at the agency. One young scientist was winding down a day spent reviewing reports on drinking water last week when she received the email informing her that she had been identified as likely being on a probationary period and laying out the process for terminating her.

Until that point, she had been thinking of her first months in what she described as a “dream job” at the EPA as the beginning of a long career in civil service. “All that came crashing down when I got that email,” said the scientist, who recently finished graduate school and is now steeling herself for the likelihood that she will have to move back in with her parents.

If she goes, the scientist will join the more than 300 career staffers who have left since the election. That group is part of a brain drain of more than 500 EPA workers ProPublica identified as having departed since Nov. 22; the full group includes political appointees and short-term staff. Changes in administrations typically trigger turnovers at federal agencies, but ProPublica found the number leaving the EPA appears to have already eclipsed by more than 60 the number that left after President Joe Biden was elected in 2020. It is unclear exactly what motivated staffers to leave in recent weeks and how many more might be forced out or quit on their own terms in the coming days.

The shakeup is unprecedented, according to some veteran employees. “When you take a job at a federal agency, you know there are elections every four years. You know there are going to be changes in administration priorities,” said a scientist who has weathered many of these transitions during her more than 20 years working in the federal government. “This is something else.”

The EPA did not respond to questions for this story, including how many employees had taken the agency up on its offers to resign.

Taking the Side of Polluters

The EPA’s mission to protect human health and the environment requires it to do the often difficult work of regulating powerful companies. Under any administration, the agency faces intense lobbying from these entities as they seek to avoid expense and the burdens of compliance. Corporate pressure on the EPA was considerable under Biden as his administration attempted to tackle climate pollution.

But Trump appears eager to both scale back the agency, which has more than 15,000 employees, and align what remains of it with the companies it regulates. During the campaign, he asked oil executives for $1 billion while promising to cut environmental regulations, according to The Washington Post.

On Friday, two days after the Senate confirmed Lee Zeldin as EPA administrator, the agency put out a press release supporting Zeldin’s ability to “Unleash American Greatness.” Among those quoted were representatives of the National Cattlemen’s Beef Association, the National Mining Association, the American Petroleum Institute and the American Fuel & Petrochemical Manufacturers, all of which have recently challenged the agency in court.

In a brief welcome address, Zeldin discussed making the nation “energy dominant” and “turning the U.S. into the AI capital of the world.” (AI is widely recognized as a climate threat because it consumes vast amounts of energy.) Other Trump appointees have worked for fossil fuel and chemical companies and have previously opposed stricter environmental regulation. David Fotouhi, whom Trump nominated to be second-in-command of the agency, recently tried to overturn its ban on asbestos.

The administration is planning to remove civil service protections from certain federal workers, which would allow some positions now held by highly skilled personnel to be reclassified so they could be filled based on loyalty to the administration rather than expertise. The move could have tremendous implications for the EPA, whose workforce includes thousands of highly trained experts.

“If he replaces EPA scientists and lawyers with people who just want to say yes to him, it will be the death knell for the EPA,” said Kyla Bennett, director of science policy at Public Employees for Environmental Responsibility.

The Human Costs

The redirection of the agency and the loss of experienced professionals who respond to emergencies, monitor pollution, clean up highly contaminated areas and enforce environmental laws will have profound effects across the country.

“Nastier stuff than usual will come out of factories. More people will get cancer. More people will get heart disease. People will die sooner and they’ll be sicker,” said one Ph.D. scientist who works at the agency.

Because he spends part of his time focusing on health in particularly polluted areas, the scientist may find himself in the crosshairs of Trump’s order to eliminate all environmental justice work and positions. The order could directly affect as many as 250 EPA employees, according to Matthew Tejada, who served as the EPA deputy assistant administrator for environmental justice during the Biden administration.

The environmental justice office was established in 1992, after research done in the 1980s showed that communities with hazardous waste sites had higher percentages of Black and low-income residents. Two years later, President Bill Clinton signed an executive order requiring all federal agencies to make environmental justice part of their mission. As of publication, a page about the 1994 executive order had been removed from the EPA website. The agency also disabled EJScreen, an online mapping tool that was used to identify pollution levels in communities around the country, along with other information about environmental justice and climate change.

The Ph.D. scientist described the mood within his office as “a combination of exhaustion and exasperation with what’s very clearly a calculated campaign of harassment.” Still, he is hoping he will escape the apparently imminent purge of EPA staff working on environmental justice.

For some staff, the rapid changes are a bridge too far. One chemist who has worked at the agency for more than a decade described himself as seriously thinking about leaving — though on his terms, not in response to the administration’s resignation offer. “My motivation to work at EPA was because I want to protect human health and the environment and the lure of a stable job,” he told ProPublica. “But now all that’s gone.”

Others say the administration’s aggressive efforts to drive them out of the EPA have left them only more determined to stay. “Personally, it makes me want to hang on until I have the chance to do (or not do) something worth getting fired for,” one lawyer said.

Another scientist, who oversees the cleanup of highly contaminated sites, agreed. He saw the departures from EPA norms and repeated offers to resign as designed to scare him and others out of the agency — and vowed that the tactics would not work on him.

“It won’t make me quit,” the scientist said. “Nothing is going to make me quit.”

Instead, the scientist recently bought a new Black history month T-shirt that he plans to wear when he is required to return to the office full time in late February. “I’m going to dare somebody to say something to me,” he said. He acknowledged that the move, which would broadcast his derision for the Trump administration’s retreat from environmental justice, could get him fired. But he said he didn’t care.

“I’m going to stand up to them,” the scientist said. “I may lose the battle, but principally I will have won the war.”

Do you have any information about the EPA that we should know? Sharon Lerner can be reached by Signal at 718-877-5236.

If you have other information you can share about the federal government, you can reach ProPublica’s tip line on Signal at 917-512-0201.

Kirsten Berg, Mollie Simon and Mariam Elba contributed research. Agnel Philip contributed data analysis.


This content originally appeared on ProPublica and was authored by by Sharon Lerner and Pratheek Rebala.

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Groundwork’s Lindsay Owens Applauds Kroger-Albertsons Decision: “Major win for shoppers and grocery workers” https://www.radiofree.org/2024/12/10/groundworks-lindsay-owens-applauds-kroger-albertsons-decision-major-win-for-shoppers-and-grocery-workers/ https://www.radiofree.org/2024/12/10/groundworks-lindsay-owens-applauds-kroger-albertsons-decision-major-win-for-shoppers-and-grocery-workers/#respond Tue, 10 Dec 2024 22:15:32 +0000 https://www.commondreams.org/newswire/groundworks-lindsay-owens-applauds-kroger-albertsons-decision-major-win-for-shoppers-and-grocery-workers Today, U.S. District Judge Adrienne Nelson granted the Federal Trade Commission’s motion for a preliminary injunction to block the grocery megamerger between Kroger and Albertsons. Groundwork Collaborative Executive Director Lindsay Owens reacted with the following statement:

“Today’s decision is a major win for shoppers and grocery workers. Families have been paying the price of unchecked corporate power in the food and grocery sector, and further consolidation would only worsen this crisis.
“FTC Chair Lina Khan’s approach is the blueprint to deliver lower prices, higher wages, and an economy that works for everyone. The rebirth of antitrust enforcement has protected consumers against the worst of corporate power in our economy and it would be wise to continue this approach.”

Email press@groundworkcollaborative.org to speak with one of Groundwork’s experts about the Kroger-Albertsons merger and grocery prices.

BACKGROUND

  • In her decision, Judge Nelson wrote that the merger would raise the cost of groceries for millions of consumers. Kroger is the second-largest grocery in the country, while Albertsons is the fourth-largest.
  • The merger would have created a massive new grocery retailer that would control 22% of the retail food market, and result in two giant grocers (Kroger/Albertsons and Walmart) controlling more than 70% of the grocery market in over 160 cities.
  • During the trial, it was revealed that a top pricing executive at Kroger wrote in an email, “On milk and eggs, retail inflation has been significantly higher than cost inflation.” These grocers used inflation to hike prices and supercharge their profits.
  • A Groundwork report found that families are now paying 25+ percent more for groceries than they were before the pandemic, outpacing overall inflation. The report recommended antitrust enforcement against further mergers and consolidation in the food industry, like the Kroger-Albertsons merger.


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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Sierra Club Statement on Release of Final Arctic Refuge Record of Decision https://www.radiofree.org/2024/12/09/sierra-club-statement-on-release-of-final-arctic-refuge-record-of-decision/ https://www.radiofree.org/2024/12/09/sierra-club-statement-on-release-of-final-arctic-refuge-record-of-decision/#respond Mon, 09 Dec 2024 15:43:34 +0000 https://www.commondreams.org/newswire/sierra-club-statement-on-release-of-final-arctic-refuge-record-of-decision Today, the Department of Interior released the final record of decision revising the program for oil and gas drilling in the Arctic Refuge established under Donald Trump. It concludes a process that developed a supplemental environmental impact statement to evaluate options for strengthening measures to prevent negative effects from oil and gas drilling on subsistence for local communities and on porcupine caribou and polar bears.

This supplemental analysis was needed to address fundamental flaws and legal errors in an earlier environmental impact statement completed by the Trump administration. The new analysis makes it clear that the Arctic Refuge remains under threat from oil and gas drilling, and that any oil and gas program will have harmful effects on the coastal plain.

A 2021 lease sale, also conducted by the Trump administration, failed to garner significant interest, generating less than 1% of revenue promised by the 2017 Tax Act. The just-released decision includes a Notice of Sale for an oil and gas lease sale for 400,000 acres in the northwest portion of the Coastal Plain on January 9, 2025.

The Gwich’in Steering Committee and citizens across the country have urged the Biden Administration to issue a strong record of decision before leaving office

In response, Dan Ritzman, director of Sierra Club’s Conservation Campaign, released the following statement:

“Oil and gas development in the Arctic Refuge is a direct threat to some of the last untouched landscapes on Alaska’s North Slope and to the caribou herds that the Gwich’in people rely on. The 2017 Tax Act, forced through Congress by Donald Trump and his Big Oil CEO allies, opened up the Coastal Plain to oil and gas leasing. Letting him oversee a lease sale over these pristine lands would be beyond irresponsible. In the meantime, President Biden should listen to the Gwich’in and do all that he can to preserve these lands and waters. His legacy is on the line.”


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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California Court Decision Misses the Mark on the Threat of Political Deepfakes https://www.radiofree.org/2024/10/03/california-court-decision-misses-the-mark-on-the-threat-of-political-deepfakes/ https://www.radiofree.org/2024/10/03/california-court-decision-misses-the-mark-on-the-threat-of-political-deepfakes/#respond Thu, 03 Oct 2024 21:18:03 +0000 https://www.commondreams.org/newswire/california-court-decision-misses-the-mark-on-the-threat-of-political-deepfakes A federal district court in California has issued a preliminary injunction against a California state law, supported by Public Citizen, that aimed to curb deceptive AI-generated deepfakes that could influence the outcome of elections.

The court said that the law doesn’t take an adequately narrow approach to restricting such content, thereby infringing on First Amendment-protected speech or compelling unduly burdensome speech to avoid liability.

Robert Weissman, co-president of Public Citizen, issued the following statement:

“The court’s decision misses the fundamental problem with deepfakes, which is not simply that they make false claims but that they show candidates saying or doing things that the candidates did not say or do. The court suggests that a targeted candidate can just respond with counter speech – but that is not true, where the candidate has to ask the public not believe their eyes and ears. For this unprecedented kind of fraudulent deception, disclosure *is* the least speech-restrictive solution that can advance the government’s compelling interest in preserving election integrity.

“There are particular features of the California law – such as the requirement to label satire and font size required for disclosures – that appeared to color the court’s decision. And the court recognized that labeling requirements, if narrowly tailored, could pass constitutional muster. This decision therefore should not become an excuse for inaction against the threat of deepfakes.

“There’s nothing about the First Amendment that ties our hands in addressing fraud and a here-and-now threat to democracy.”


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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Six takeaways from the UK’s decision on arms sales to Israel the media are hiding https://www.radiofree.org/2024/09/07/six-takeaways-from-the-uks-decision-on-arms-sales-to-israel-the-media-are-hiding/ https://www.radiofree.org/2024/09/07/six-takeaways-from-the-uks-decision-on-arms-sales-to-israel-the-media-are-hiding/#respond Sat, 07 Sep 2024 02:47:30 +0000 https://dissidentvoice.org/?p=153340 The Guardian reported this week a source from within the Foreign Office confirming what anyone paying close attention already knew. By last February, according to the source, Britain’s then Foreign Secretary, David Cameron, had received official advice that Israel was using British arms components to commit war crimes in Gaza. Cameron sat on that information […]

The post Six takeaways from the UK’s decision on arms sales to Israel the media are hiding first appeared on Dissident Voice.]]>

The Guardian reported this week a source from within the Foreign Office confirming what anyone paying close attention already knew.

By last February, according to the source, Britain’s then Foreign Secretary, David Cameron, had received official advice that Israel was using British arms components to commit war crimes in Gaza. Cameron sat on that information for many months, concealing it from the House of Commons and the British public, while Israel continued to butcher tens of thousands of Palestinian civilians.

Several points need making about the information provided to the Guardian:

1. The source says that the advice to Cameron on Israeli war crimes was “so obvious” it could not have been misunderstood by him or anyone else in the previous government. Given that the new Labour government has been similarly advised, forcing it to partially suspend arms sales, one conclusion only is possible: Cameron is complicit in Israel’s war crimes. The International Criminal Court must immediately investigate him. Its British chief prosecutor, Karim Khan, needs to issue an arrest warrant for Cameron as soon as possible. No ifs or buts.

2. Now in government, Labour has a legal duty to make clear the timeline of the advice Cameron received – and who else received it – to help the ICC in its prosecution of the former Foreign Secretary and other British officials for complicity in Israel’s atrocities.

3. The current furore being kicked up over Labour’s suspension of a tiny fraction of arm sales to Israel needs to be put firmly in context. David Lammy, Cameron’s successor, is keen to evade any risk of complicity charges himself. Leaders of the previous government are denouncing his decision on arms sales only because it exposes their own complicity in war crimes. Their outrage is desperate arse-covering – something the media ought to be highlighting but isn’t.

4. Labour needs to explain why, according to the source, the advice it has published has apparently been watered down from the advice Cameron received. As a result, Lammy has suspended 30 of 350 arms contracts with Israel – or 8 per cent of the total. He has avoided suspending the British components most likely to be assisting Israel in its war crimes: those used in Israel’s F-35 jets, made in the US.

Why? Because that would incur the full wrath of the Biden administration. He and the British prime minister, Keir Starmer, dare not take on Washington.

In other words, Lammy’s decision has not only exposed the complicity of Cameron and the previous Tory leadership in Israeli war crimes. It also exposes Lammy and Starmer’s complicity. Put bluntly, following this week’s announcement, they are now 8 per cent less complicit in Israel’s crimes against humanity than Cameron and the Tories were.

5. There has been lots of fake indignation from Israel and its lobbyists, especially in Britain’s Jewish community, about how offensive it is that the government should announce its suspension of a small fraction of arms sales to support Israel’s genocide in Gaza the day six Israeli hostages were buried.

The chief rabbi, Ephraim Mirvis, for example, is incensed that the UK is limiting its arming of Israel’s slaughter in Gaza, saying it “beggars belief”. He is thereby calling for the UK to trash international law, and ignore its own officials’ advice that Israel risks using British weapons to commit war crimes. He is demanding that the UK facilitate genocide.

The British Board of Deputies, which claims to represent British Jews, has retweeted Mirvis’ comment. The Board’s president has been all over the airwaves similarly decryingLammy’s decision.

Israel would, of course, have always found some reason to be appalled at the timing. There is an obviously far more important consideration than the bogus “sensitivities” of Israel and genocide apologists like Rabbi Mirvis. Each day the UK government delays banning all arms to Israel – not just a small percentage – more Palestinians in Gaza die and the more Britain contributes to Israel’s crimes against humanity.

But equally to the point: according to the rules Starmer imposed on the Labour party – that Britain’s Jewish leaders get to define what offends Jews and what amounts to antisemitism, especially on issues concerning Israel – the Labour government is now, judged by those standards, antisemitic. You can’t have one set of rules for Jeremy Corbyn and the Labour left, and another for Starmer and the Labour right.

Or rather you can. That is precisely the game the entire British establishment has been playing for the past seven years. A game that has facilitated Israel’s genocide in Gaza even more than the sales of British weapons to Israel.

6. Many have dismissed the significance of recent rulings against Israel from the International Court of Justice – that Israel is “plausibly” committing genocide in Gaza and that its decades of occupation are illegal and a form of apartheid – as well as moves from the International Criminal Court to arrest Netanyahu as a war criminal.

Here we see how mistaken that approach is. Those legal decisions have set the two wings of the British establishment – the Tories and the Starmerite Labour right – at loggerheads. Both are now desperate in their different ways to distance themselves from charges of complicity.

The rulings have also opened up a potential rift with Washington. The State Department spokesman has been shown having to frantically justify why the US is not banning its own arms sales.

Admittedly, these are only small fissures in the western system of oligarchy. But those fissures are weaknesses – weaknesses that those who care about human rights, care about international law, care about stopping a genocide, and care about saving their own humanity can exploit. We have few opportunities. We need to grasp every single one of them.

The post Six takeaways from the UK’s decision on arms sales to Israel the media are hiding first appeared on Dissident Voice.


This content originally appeared on Dissident Voice and was authored by Jonathan Cook.

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A Daily Decision https://www.radiofree.org/2024/08/30/a-daily-decision/ https://www.radiofree.org/2024/08/30/a-daily-decision/#respond Fri, 30 Aug 2024 15:00:40 +0000 https://dissidentvoice.org/?p=153144 What is the ultimate fear decision? Looking to FDR for an answer.

The post A Daily Decision first appeared on Dissident Voice.]]>

The post A Daily Decision first appeared on Dissident Voice.


This content originally appeared on Dissident Voice and was authored by Allen Forrest.

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FEC Should Reverse Dangerous Decision To Not Regulate Deepfakes https://www.radiofree.org/2024/08/08/fec-should-reverse-dangerous-decision-to-not-regulate-deepfakes/ https://www.radiofree.org/2024/08/08/fec-should-reverse-dangerous-decision-to-not-regulate-deepfakes/#respond Thu, 08 Aug 2024 19:38:32 +0000 https://www.commondreams.org/newswire/fec-should-reverse-dangerous-decision-to-not-regulate-deepfakes Today, Axios reported that the Federal Election Commission (FEC) will not propose any new rules for the use of AI-generated deepfakes in political advertising this year. The news comes over a year after Public Citizen petitioned the agency for rulemaking on the issue.

Robert Weissman, co-president of Public Citizen, released the following statement in response:

“A decision by the FEC not to regulate political deepfakes would be a shameful abrogation of its responsibilities. The idea expressed by FEC Chair Sean Cooksey that the FEC should wait for deceptive fraud to occur and study its consequences before acting to prevent the fraud is preposterous.

“Political deepfakes are rushing at us, threatening to disrupt electoral integrity. They have been used widely around the world and are starting to surface in the United States. And while social media platforms have some good rules in place, Elon Musk’s recent posting of a political deepfake is a reminder that platforms cannot be trusted to self-regulate. Requiring that political deepfakes be labeled doesn’t favor any political party or candidate. It simply protects voters from fraud and chaos.

“The FEC is the nation’s election protection agency and it has authority to regulate deepfakes as part of its existing authority to prohibit fraudulent misrepresentations. It should have acted on this issue long ago, before Public Citizen petitioned for rulemaking. When we did petition, the agency should have promptly acted to put a rule in place. It still could and should reverse the wrongheaded decision that Chair Cooksey has said is imminent, and act to protect voters and our elections.

“The FEC’s refusal to do its job underscores the need for Congressional action, the importance of state action — already 20 state legislatures have acted to prevent deepfake chaos — and the need for the Federal Communications Commission to push forward with its proposal for an AI disclosure standard for political ads on TV and radio.”


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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7 Ways that Canada Must Support the ICJ Decision on Israel https://www.radiofree.org/2024/07/31/7-ways-that-canada-must-support-the-icj-decision-on-israel/ https://www.radiofree.org/2024/07/31/7-ways-that-canada-must-support-the-icj-decision-on-israel/#respond Wed, 31 Jul 2024 21:16:28 +0000 https://dissidentvoice.org/?p=152397 Earlier this month, the International Court of Justice (ICJ) finally concluded that Israel’s occupation of Palestine is illegal and must end immediately. This was a massive ruling from the world’s top court that affirmed what Palestinians, UN experts, and human rights groups have been saying for decades. But what does it mean for Canada? Last […]

The post 7 Ways that Canada Must Support the ICJ Decision on Israel first appeared on Dissident Voice.]]>
Earlier this month, the International Court of Justice (ICJ) finally concluded that Israel’s occupation of Palestine is illegal and must end immediately. This was a massive ruling from the world’s top court that affirmed what Palestinians, UN experts, and human rights groups have been saying for decades. But what does it mean for Canada?

Last week, CJPME sent a letter to Prime Minister Trudeau, urging him to take 7 concrete steps to align Canadian policy with international law as outlined in the ICJ advisory opinion. Below, we will outline these steps and answer several other key questions.

For the full analysis, read CJPME’s letter here, or listen here to our Palestine Debrief podcast episode with former UN Special Rapporteur Michael Lynk. Stay tuned for further actions as we continue to pressure Canada to uphold international law.

Is this related to the ICJ’s genocide case against Israel?

No, the ICJ’s Advisory Opinion is unrelated to the ongoing genocide case probing Israel’s actions in Gaza, which was initiated by South Africa in December 2023. Instead, the origins of the ICJ’s Advisory Opinion date back to Fall 2022, when the United Nations asked the ICJ to give its opinion on the legal implications of Israel’s prolonged occupation, settlement activities, and annexation of Palestinian territory. In other words, the ICJ was asked to provide an answer to the question: Given Israel’s illegal actions, is the occupation itself illegal?

What did the ICJ conclude?

The ICJ determined that Israel’s continued presence in the occupied Palestinian territory (OPT) is unlawful, and that Israel is obliged to end its illegal presence “as rapidly as possible.” This includes the West Bank, East Jerusalem, and Gaza.

The ICJ also determined that:

  • Israel’s actions amount to the annexation of large parts of the OPT;
  • Israel is committing apartheid against Palestinians in the OPT;
  • Israel is obliged to provide full reparation for the damage caused, including through the return of land and property, the evacuation of all settlers, and allowing displaced Palestinians to return to their homes;
  • All states, including Canada, are obliged “not to render aid or assistance” in maintaining Israel’s illegal occupation, including through trade or investment relations.

How has Canada responded so far?

To date, Canada has only said that Israel should “respond substantively to the ICJ’s advisory opinion,” and called for a reversal of settlement expansion. This is small progress, as Canada had voted against the original UN motion and tried to discourage the ICJ from taking this case in the first place. Nonetheless, it does not go nearly far enough.

How can Canada support the ICJ ruling?

1. Canada must support efforts by the UN to end Israel’s illegal presence in the OPT

The ICJ urged the United Nations to “consider what further action is required to put an end to the illegal presence of Israel” in the OPT. It further said that all states (including Canada) must cooperate with these efforts.

Canada is therefore obliged to assist the UN in bringing an end to Israel’s illegal occupation. As such, Canada should support all initiatives that affirm the ICJ opinion and seek Israel’s compliance, including co-sponsoring and voting in support of UN resolutions. Canada must also urge the United States not to veto any resolutions that may come before the Security Council on this matter.

2. Canada must impose sanctions on Israel in response to its breach of the UN Charter

The ICJ concluded that Israel’s actions amount to the annexation of large parts of the OPT, and noted that this violates the Charter of the United Nations (which prohibits states from acquiring territory through force). This represents a major breach of a fundamental principle of international law.

When Russia attempted to annex parts of Ukraine, Canada loudly and forcefully condemned these actions as a violation of the UN Charter, and then backed up its words with a comprehensive set of sanctions targeting Russian politicians and businesses. Following this standard, Canada should impose sanctions on Israel under the Special Economic Measures Act, targeting government and military officials as well as individuals and entities tied to Israel’s illegal presence in the OPT.

3. Canada must cancel the Canada-Israel Free Trade Agreement and ban trade with Israeli settlements

The ICJ concluded that all states, including Canada, have an obligation to structure their economic relations with Israel so that they do not contribute to its illegal presence in the OPT. For example, the ICJ found that states are obliged to:

  • “abstain from entering into economic or trade dealings with Israel concerning the [OPT] or parts thereof which may entrench its unlawful presence in the territory”;
  • “take steps to prevent trade or investment relations that assist in the maintenance of the illegal situation created by Israel in the [OPT]”; and
  • “not to render aid or assistance in maintaining the situation created by Israel’s illegal presence in the [OPT].”

Unfortunately, Canada is already violating these obligations through the Canada-Israel Free Trade Agreement (CIFTA), which extends free trade benefits to the entire territory under Israeli control, thus providing a direct material benefit to help Israel maintain its settlements and occupation. To comply with its obligations, Canada must cancel CIFTA and prohibit all trade in goods and services with Israel’s settlements.

4. Canada must comprehensively address the issue of Israeli settlements

The ICJ Advisory Opinion “reaffirms that the Israeli settlements in the West Bank and East Jerusalem, and the régime associated with them, have been established and are being maintained in violation of international law.” This includes the illegal transfer of settlers into occupied territory, the exploitation of natural resources, the forcible transfer of Palestinians from their homes, and “Israel’s systematic failure to prevent or to punish attacks by settlers.”

The ICJ concluded that Israel is obliged to provide restitution for the damage caused, including the immediate “evacuation of all settlers from existing settlements” in the OPT.

CJPME has previously asked Prime Minister Trudeau to adopt a “Whole-of-Government Approach” to address Canadian complicity in the settlements, which are a war crime under Canadian law. We put forward a series of 19 recommendations across 7 ministerial portfolios, including imposing economic sanctions on the Israeli settlement economy under the Special Economic Measures Act, revoking the charitable status of organizations that transfer money to settlements, and prosecuting the promotion and sale of settlement properties. By enacting these recommendations, Canada could move significantly towards compliance with its obligations as outlined by the ICJ.

5. Canada must suspend all military trade and cooperation with Israel

The ICJ said that all states, including Canada, are obliged “not to render aid or assistance in maintaining the situation created by Israel’s illegal presence in the [OPT],” and must “take steps to prevent trade or investment relations that assist in the maintenance of the illegal situation created by Israel in the [OPT].”

There is no question that Canada’s military trade with Israel assists in the maintenance of Israel’s unlawful occupation. The export of weapons and military technology to Israel directly supports its military control over the OPT, while the import of Israeli weapons indirectly supports the occupation by sustaining the country’s defence industry and legitimizing its testing of new weaponry on Palestinians. To ensure that it is not rendering aid or assistance to Israel’s illegal military occupation of the OPT, Canada must impose a comprehensive two-way arms embargo under the Special Economic Measures Act.

6. Canada must terminate the Canada-Israel Strategic Partnership

The ICJ asserted that all states, including Canada, are obliged “not to render aid or assistance in maintaining the situation created by Israel’s illegal presence in the [OPT].”

Canada violates this obligation through the Canada-Israel Strategic Partnership, which commits Canada to collaborate with many different branches of the Israeli state that are actively involved in maintaining its illegal occupation, including the Israeli Ministry of Defence and the Israeli Ministry of National Security. Given that Israel’s role as an illegal occupying power is premised on its military control over the OPT, there is no question that Canadian collaboration with these ministries renders aid and assistance in maintaining Israel’s illegal presence. To comply with its obligations as outlined by the ICJ, Canada must immediately terminate the Canada-Israel Strategic Partnership by sending written notice to the Israeli government.

7. Canada must recognize the State of Palestine

Unsurprisingly, the ICJ found that Israel’s actions violated the right of the Palestinian people to self-determination. Most importantly, the ICJ expressed that “the existence of the Palestinian people’s right to self-determination cannot be subject to conditions on the part of the occupying Power, in view of its character as an inalienable right.”

No more excuses: Canada must recognize the State of Palestine immediately. The Advisory Opinion is clear that self-determination cannot be left indefinitely in a state of “suspension and uncertainty” or be conditioned on the demands of the illegal occupier. The rights of the Palestinian people as outlined by the ICJ cannot be bargained or negotiated away. Canada must recognize Palestine now, and work to realize the right of self-determination by ending Israel’s illegal presence in the OPT.

The post 7 Ways that Canada Must Support the ICJ Decision on Israel first appeared on Dissident Voice.


This content originally appeared on Dissident Voice and was authored by Canadians for Justice and Peace in the Middle East.

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Uncommitted Movement Welcomes Biden’s Decision to Step Aside Hoping Harris Will Change Course on Gaza https://www.radiofree.org/2024/07/23/uncommitted-movement-welcomes-bidens-decision-to-step-aside-hoping-harris-will-change-course-on-gaza/ https://www.radiofree.org/2024/07/23/uncommitted-movement-welcomes-bidens-decision-to-step-aside-hoping-harris-will-change-course-on-gaza/#respond Tue, 23 Jul 2024 12:14:41 +0000 http://www.radiofree.org/?guid=ed6dc00d253c32e1f41ac1ec7f369628 Seg1 guestuncommited

Vice President Kamala Harris has the backing of enough Democratic delegates to secure the party’s presidential nomination, with Democrats planning to hold a virtual roll call in the coming days to formalize her place atop the ticket ahead of the Democratic National Convention in August. The Democratic Party has quickly coalesced around Harris following President Joe Biden’s stunning decision Sunday to drop his reelection bid, but questions remain about whether she will significantly alter Middle East policy. The “uncommitted” movement of voters seeking to pressure Democrats to stop U.S. support for Israel’s war on Gaza “breathed a sigh of relief” when Biden dropped out, says Democratic strategist Waleed Shahid, an adviser to the movement, and activists are hopeful for Harris to take a new approach. Shahid adds that the Democratic Party cannot cast itself as a champion of democracy standing against far-right authoritarianism while continuing to arm the extremist Israeli government of Benjamin Netanyahu, saying it “makes a mockery of our party’s claim to be fighting on the right side of history.”


This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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CPJ joins call for Turkish authorities to revoke decision canceling radio’s license https://www.radiofree.org/2024/07/10/cpj-joins-call-for-turkish-authorities-to-revoke-decision-canceling-radios-license/ https://www.radiofree.org/2024/07/10/cpj-joins-call-for-turkish-authorities-to-revoke-decision-canceling-radios-license/#respond Wed, 10 Jul 2024 17:16:52 +0000 https://cpj.org/?p=402568 The Committee to Protect Journalists joined 17 press freedom and human rights organizations in a Wednesday, July 10 statement asking Turkey’s official media watchdog RTÜK to revoke its cancellation of independent Açık Radyo’s (The Open Radio) broadcast license.

In May, RTÜK fined and issued a gag order after the outlet mentioned the mass killings of Armenians under Ottoman rule in 1915, which Turkey refuses to recognize as genocide as the successor of the Ottoman Empire. RTÜK canceled the outlet’s license earlier this month when the outlet continued to broadcast its programs. 

“In the case of Açık Radyo, the remarks in question are clearly covered by the right to freedom of expression as guaranteed by international human rights law, including the European Convention on Human Rights. We urgently call on RTÜK to swiftly reinstate Açık Radyo’s license,” the statement said.

Read the full statement here.


This content originally appeared on Committee to Protect Journalists and was authored by Committee to Protect Journalists.

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The Supreme Court’s Immunity Decision Puts Democracy in Peril https://www.radiofree.org/2024/07/02/the-supreme-courts-immunity-decision-puts-democracy-in-peril/ https://www.radiofree.org/2024/07/02/the-supreme-courts-immunity-decision-puts-democracy-in-peril/#respond Tue, 02 Jul 2024 17:50:57 +0000 https://progressive.org/latest/the-supreme-court-immunity-decision-puts-democracy-in-peril-edelson-20240702/
This content originally appeared on The Progressive — A voice for peace, social justice, and the common good and was authored by Chris Edelson.

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Sierra Club Condemns U.S. Supreme Court Decision to Overturn Fundamental Precedent in Chevron https://www.radiofree.org/2024/06/28/sierra-club-condemns-u-s-supreme-court-decision-to-overturn-fundamental-precedent-in-chevron/ https://www.radiofree.org/2024/06/28/sierra-club-condemns-u-s-supreme-court-decision-to-overturn-fundamental-precedent-in-chevron/#respond Fri, 28 Jun 2024 17:08:10 +0000 https://www.commondreams.org/newswire/sierra-club-condemns-u-s-supreme-court-decision-to-overturn-fundamental-precedent-in-chevron Today, the U.S. Supreme Court issued its opinion in Loper Bright Enterprises v. Raimondo, overturning the Chevron doctrine, a long-standing principle that allowed agencies to interpret the laws that they implement—from those ensuring clean air and water, to those governing telecommunications and medical safety—and required courts to defer to their reasonable interpretations. That doctrine recognized that Congress has entrusted technical and policy judgments critical to protecting the public to agencies like the Environmental Protection Agency—democratically answerable to the President and legally required to respond to the public’s concerns—rather than federal judges. As Justice Kagan noted in dissent: “In one fell swoop, the majority today gives itself exclusive power over every open issue—no matter how expertise-driven or policy-laden—involving the meaning of regulatory law,” turning “itself into the country’s administrative czar” from “workplace safety” to “climate change” to “student loans.”

In response, Ben Jealous, Executive Director of the Sierra Club, released the following statement:

“The Supreme Court majority just asserted a power-grab that will give unelected judges more room to indulge their own policy preferences, and to override the considered judgment of public servants with the scientific and technical knowledge, experience, and accountability required to protect the public from corporate exploitation. Their decision will imperil the ability of the federal government to protect our air, water, and health, tackle the climate crisis, and enact the commonsense safeguards of our bedrock public-interest laws. This radical decision is yet another example of our nation’s highest court moving our country backwards, while Americans everywhere work for a better future. We will continue to aggressively pursue the urgent action needed to protect our health, the climate, and our future.”


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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STATEMENT: Supreme Court Dismisses Case Without Making a Decision on Emergency Abortion Care https://www.radiofree.org/2024/06/27/statement-supreme-court-dismisses-case-without-making-a-decision-on-emergency-abortion-care/ https://www.radiofree.org/2024/06/27/statement-supreme-court-dismisses-case-without-making-a-decision-on-emergency-abortion-care/#respond Thu, 27 Jun 2024 16:41:55 +0000 https://www.commondreams.org/newswire/statement-supreme-court-dismisses-case-without-making-a-decision-on-emergency-abortion-care Today, the U.S. Supreme Court addressed the procedural mess it made in Idaho v. United States, during which vulnerable pregnant patients bore the consequences of the politicization of the judiciary. Although emergency abortion care under the Emergency Medical Treatment and Labor Act (EMTALA) will be permitted in Idaho while the merits of the case are decided by lower courts, pregnant patients and medical providers will continue to be caught in the crosshairs. In response, Sabrina Talukder, director of the Women’s Initiative at the Center for American Progress, issued the following statement:

Pregnant women in dire medical emergencies bore the life-threatening consequences of the Supreme Court’s procedural “miscalculations” during the litigation of Idaho v. United States. And although the Supreme Court’s action today provides some degree of relief that medical providers in Idaho can do their job without fear of criminal sanctions, Justice Samuel Alito’s dissenting opinion reveals how extremist justices remain willing to commandeer the judiciary to effectuate their personal anti-abortion ideologies and politicize medicine.



This content originally appeared on Common Dreams and was authored by Newswire Editor.

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After SCOTUS decision, Georgia will keep ‘problematic’ voting system for energy regulators https://grist.org/energy/after-scotus-decision-georgia-will-keep-problematic-voting-system-for-energy-regulators/ https://grist.org/energy/after-scotus-decision-georgia-will-keep-problematic-voting-system-for-energy-regulators/#respond Wed, 26 Jun 2024 08:30:00 +0000 https://grist.org/?p=641725 The U.S. Supreme Court has declined to take up a case challenging how Georgia elects its powerful energy regulators, clearing the way for delayed Public Service Commission elections in the state to resume. The elections had previously been impugned by voting rights and clean energy advocates, who argued the existing system diluted Black votes. The case could affect future legal challenges based on the Voting Rights Act. 

“The court has spoken,” Mike Hassinger, a spokesman for the office of the Georgia Secretary of State, said in a statement. “We are on track to resume elections for the Public Service Commission in 2025.”

The advocates who sued said they’re considering how to proceed — the commission’s decisions, which include everything from energy rates and discounts to building new power plants, remain as important as ever, they told Grist and WABE.

“People are not able to pay rent, they’re not able to feed their families,” said James Woodall, a public policy associate at the Southern Center for Human Rights and one of the plaintiffs in the case. “So when I think about the decision, or lack thereof, to take on this case, I thought about those people.”

Each of Georgia’s Public Service Commissioners has to live in a specific district, but unlike members of congress they’re elected by statewide vote. The plaintiffs in the lawsuit, all Black voters in Atlanta, argued this system dilutes their votes and therefore violates the Voting Rights Act. While a federal judge agreed, the 11th U.S. Circuit Court of Appeals, which oversees courts in Florida, Alabama, and Georgia, overturned that decision. With the announcement that the U.S. Supreme Court will not consider the case, the 11th Circuit ruling will stand, leaving the system as-is.

Public Service Commission, or PSC, elections in Georgia, meanwhile, have been on hold since 2022, when the original judge issued a stay blocking any election until a new system could be devised — a decision the Supreme Court upheld. Two elections were canceled that year, and those commissioners were allowed to continue to serve and vote; a third commissioner who was up for reelection this year will also continue to serve without facing voters.

“We have had these commissioners sitting in their seats pretty much unelected,” said Brionté McCorkle, another plaintiff and the executive director of the nonprofit Georgia Conservation Voters. “They’re making incredibly important decisions that are impacting the lives of Georgians and also impacting the climate crisis.”

The five-member Public Service Commission has final approval over most steps taken by Georgia Power, the state’s largest electric utility, including how much the company charges for energy and how it makes that power. Since the cancellation of the 2022 elections, the commissioners have approved the construction of new natural gas turbines as well as bill increases to cover natural gas costs and construction of the newest nuclear reactor at Plant Vogtle. Next year, they’ll make all-important decisions about Georgia Power’s future energy plans, including possible expansions of renewable energy and closure of coal plants, and the next several years of power rates — all before voters have the chance to send new representatives to the commission.

Under a state law passed this year, PSC elections would resume in 2025 with votes for two seats. The law lays out an election schedule for all five seats that would leave the current commissioners in power beyond their original six-year terms.

The plaintiffs are considering a challenge to that law, McCorkle said, though they’ve made no final decisions.

“We definitely feel like that is all very problematic,” she said of the law’s election schedule. “We’re gonna keep fighting for the people of Georgia.”

While McCorkle called the Supreme Court’s decision “a bummer,” she said she also felt “a little bit of relief” because there was no guarantee the high court would side with the plaintiffs.

Voting rights advocates are concerned about the implications of the 11th Circuit’s ruling, which didn’t weigh in on whether the plaintiffs had proven their votes were unfairly diluted. Rather, the appeals court argued a federal court can’t overrule the state’s choice to hold at-large elections because it would violate the “principles of federalism.”

“They endorsed the notion that the state has a vested interest in disenfranchising Black Georgians,” Woodall said. “For me, it is an endorsement that reflects over generations and generations of discrimination.”

Woodall, McCorkle, and others said they plan to continue educating Georgians about the PSC, as well as holding commissioners accountable.

“We’re gonna make sure people know who you are and what you do and that they can call you, call the commissioners, and make sure their voices are heard and represented in the decisions that they’re making,” McCorkle said of the commissioners. 

This story was originally published by Grist with the headline After SCOTUS decision, Georgia will keep ‘problematic’ voting system for energy regulators on Jun 26, 2024.


This content originally appeared on Grist and was authored by Emily Jones.

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After SCOTUS decision, Georgia will keep ‘problematic’ voting system for energy regulators https://grist.org/energy/after-scotus-decision-georgia-will-keep-problematic-voting-system-for-energy-regulators/ https://grist.org/energy/after-scotus-decision-georgia-will-keep-problematic-voting-system-for-energy-regulators/#respond Wed, 26 Jun 2024 08:30:00 +0000 https://grist.org/?p=641725 The U.S. Supreme Court has declined to take up a case challenging how Georgia elects its powerful energy regulators, clearing the way for delayed Public Service Commission elections in the state to resume. The elections had previously been impugned by voting rights and clean energy advocates, who argued the existing system diluted Black votes. The case could affect future legal challenges based on the Voting Rights Act. 

“The court has spoken,” Mike Hassinger, a spokesman for the office of the Georgia Secretary of State, said in a statement. “We are on track to resume elections for the Public Service Commission in 2025.”

The advocates who sued said they’re considering how to proceed — the commission’s decisions, which include everything from energy rates and discounts to building new power plants, remain as important as ever, they told Grist and WABE.

“People are not able to pay rent, they’re not able to feed their families,” said James Woodall, a public policy associate at the Southern Center for Human Rights and one of the plaintiffs in the case. “So when I think about the decision, or lack thereof, to take on this case, I thought about those people.”

Each of Georgia’s Public Service Commissioners has to live in a specific district, but unlike members of congress they’re elected by statewide vote. The plaintiffs in the lawsuit, all Black voters in Atlanta, argued this system dilutes their votes and therefore violates the Voting Rights Act. While a federal judge agreed, the 11th U.S. Circuit Court of Appeals, which oversees courts in Florida, Alabama, and Georgia, overturned that decision. With the announcement that the U.S. Supreme Court will not consider the case, the 11th Circuit ruling will stand, leaving the system as-is.

Public Service Commission, or PSC, elections in Georgia, meanwhile, have been on hold since 2022, when the original judge issued a stay blocking any election until a new system could be devised — a decision the Supreme Court upheld. Two elections were canceled that year, and those commissioners were allowed to continue to serve and vote; a third commissioner who was up for reelection this year will also continue to serve without facing voters.

“We have had these commissioners sitting in their seats pretty much unelected,” said Brionté McCorkle, another plaintiff and the executive director of the nonprofit Georgia Conservation Voters. “They’re making incredibly important decisions that are impacting the lives of Georgians and also impacting the climate crisis.”

The five-member Public Service Commission has final approval over most steps taken by Georgia Power, the state’s largest electric utility, including how much the company charges for energy and how it makes that power. Since the cancellation of the 2022 elections, the commissioners have approved the construction of new natural gas turbines as well as bill increases to cover natural gas costs and construction of the newest nuclear reactor at Plant Vogtle. Next year, they’ll make all-important decisions about Georgia Power’s future energy plans, including possible expansions of renewable energy and closure of coal plants, and the next several years of power rates — all before voters have the chance to send new representatives to the commission.

Under a state law passed this year, PSC elections would resume in 2025 with votes for two seats. The law lays out an election schedule for all five seats that would leave the current commissioners in power beyond their original six-year terms.

The plaintiffs are considering a challenge to that law, McCorkle said, though they’ve made no final decisions.

“We definitely feel like that is all very problematic,” she said of the law’s election schedule. “We’re gonna keep fighting for the people of Georgia.”

While McCorkle called the Supreme Court’s decision “a bummer,” she said she also felt “a little bit of relief” because there was no guarantee the high court would side with the plaintiffs.

Voting rights advocates are concerned about the implications of the 11th Circuit’s ruling, which didn’t weigh in on whether the plaintiffs had proven their votes were unfairly diluted. Rather, the appeals court argued a federal court can’t overrule the state’s choice to hold at-large elections because it would violate the “principles of federalism.”

“They endorsed the notion that the state has a vested interest in disenfranchising Black Georgians,” Woodall said. “For me, it is an endorsement that reflects over generations and generations of discrimination.”

Woodall, McCorkle, and others said they plan to continue educating Georgians about the PSC, as well as holding commissioners accountable.

“We’re gonna make sure people know who you are and what you do and that they can call you, call the commissioners, and make sure their voices are heard and represented in the decisions that they’re making,” McCorkle said of the commissioners. 

This story was originally published by Grist with the headline After SCOTUS decision, Georgia will keep ‘problematic’ voting system for energy regulators on Jun 26, 2024.


This content originally appeared on Grist and was authored by Emily Jones.

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The Pacifica Evening News, Weekdays – June 24, 2024. Harris marks second anniversary of Dobbs abortion decision at Maryland campaign event.  https://www.radiofree.org/2024/06/24/the-pacifica-evening-news-weekdays-june-24-2024-harris-marks-second-anniversary-of-dobbs-abortion-decision-at-maryland-campaign-event/ https://www.radiofree.org/2024/06/24/the-pacifica-evening-news-weekdays-june-24-2024-harris-marks-second-anniversary-of-dobbs-abortion-decision-at-maryland-campaign-event/#respond Mon, 24 Jun 2024 18:00:00 +0000 http://www.radiofree.org/?guid=1f34a48ed6dba9a9f4e13617bc9077d1 Comprehensive coverage of the day’s news with a focus on war and peace; social, environmental and economic justice.

The post The Pacifica Evening News, Weekdays – June 24, 2024. Harris marks second anniversary of Dobbs abortion decision at Maryland campaign event.  appeared first on KPFA.


This content originally appeared on KPFA - The Pacifica Evening News, Weekdays and was authored by KPFA.

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https://www.radiofree.org/2024/06/24/the-pacifica-evening-news-weekdays-june-24-2024-harris-marks-second-anniversary-of-dobbs-abortion-decision-at-maryland-campaign-event/feed/ 0 480955
Reproductive Freedom for All Statement on Supreme Court Decision on Medication Abortion Case https://www.radiofree.org/2024/06/13/reproductive-freedom-for-all-statement-on-supreme-court-decision-on-medication-abortion-case/ https://www.radiofree.org/2024/06/13/reproductive-freedom-for-all-statement-on-supreme-court-decision-on-medication-abortion-case/#respond Thu, 13 Jun 2024 20:36:03 +0000 https://www.commondreams.org/newswire/reproductive-freedom-for-all-statement-on-supreme-court-decision-on-medication-abortion-case Today, the U.S. Supreme Court handed down its decision in Alliance for Hippocratic Medicine v. FDA, a case brought by anti-abortion extremists to determine whether to impose restrictions on mifepristone.

Reproductive Freedom for All President and CEO Mini Timmaraju released the following statement:

“We’re relieved that the Supreme Court recognized this sham case for what it is, but this baseless push to block abortion access should never have been heard by them in the first place. Our most fundamental rights and freedoms shouldn’t be up to the whims of unchecked, extremist judges appointed to the Court by a president and Senate hell-bent on banning abortion nationwide. We need court reform to salvage the legitimacy of our federal judiciary—and we won’t stop fighting for it until it’s a reality.”


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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CPJ welcomes UK High Court decision to hear Julian Assange appeal https://www.radiofree.org/2024/05/20/cpj-welcomes-uk-high-court-decision-to-hear-julian-assange-appeal/ https://www.radiofree.org/2024/05/20/cpj-welcomes-uk-high-court-decision-to-hear-julian-assange-appeal/#respond Mon, 20 May 2024 12:06:18 +0000 https://cpj.org/?p=388499 Washington, D.C., May 20, 2024—The Committee to Protect Journalists welcomes the U.K. High Court’s Monday decision to allow WikiLeaks founder Julian Assange to appeal his extradition case.

“We are heartened that WikiLeaks founder Julian Assange will be allowed to appeal his extradition to the United States,” said CPJ President Jodie Ginsberg, in New York. “Assange’s prosecution in the United States would have disastrous implications for press freedom. It is time for the United States Department of Justice to drop its harmful charges against Assange.”

If extradited and convicted in the U.S., Assange’s lawyers have said that he faces up to 175 years in prison under the Espionage Act and the Computer Fraud and Abuse Act, although U.S. prosecutors have said the sentence would be much shorter.

Last week, CPJ and partners sent a letter to Attorney General Merrick Garland urging the Justice Department to drop charges against the Wikileaks founder.


This content originally appeared on Committee to Protect Journalists and was authored by Committee to Protect Journalists.

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Israeli ban on Al Jazeera slammed as a ‘criminal and dangerous’ decision https://www.radiofree.org/2024/05/06/israeli-ban-on-al-jazeera-slammed-as-a-criminal-and-dangerous-decision/ https://www.radiofree.org/2024/05/06/israeli-ban-on-al-jazeera-slammed-as-a-criminal-and-dangerous-decision/#respond Mon, 06 May 2024 11:54:54 +0000 https://asiapacificreport.nz/?p=100778 Asia Pacific Report

Haggai Matar, executive director of the independent +972 Magazine, has described the Tel Aviv government’s decision to shut down Al Jazeera in Israel as “an attack on free speech and freedom of the press”.

The Israeli journalist told Al Jazeera the ban was “clearly a criminal and very dangerous decision”.

He described the move as an attack on Israel itself because it denies the country’s citizens alternative sources of information.

“We have very limited access to information coming out of Gaza in Israeli media outlets,” Matar said.

He said the absence of Al Jazeera journalists within Israel meant that different voices from Israeli society would also be heard less around the world.

His condemnation joined criticism from media freedom watchdogs and news media around the world.

+972 Magazine is an independent, online, nonprofit magazine run by a group of Palestinian and Israeli journalists.

Founded in 2010, its mission is described on its website as to provide in-depth reporting, analysis, and opinions from the ground in Israel-Palestine.

The name of the site is derived from the telephone country code that can be used to dial throughout Israel-Palestine.

The Israeli government decision to close the award-winning Al Jazeera network’s operations in Israel came just two days after World Press Freedom Day when the Palestinian journalists covering the war on Gaza were awarded the Guillermo Cano world press freedom prize.

Al Jazeera Media Network condemned the Israeli government’s decision as a “criminal act” and warned that the country’s suppression of the free press “stands in contravention of international and humanitarian law”.

‘Violates human rights’
“Al Jazeera Media Network strongly condemns and denounces this criminal act that violates human rights and the basic right to access of information. Al Jazeera affirms its right to continue to provide news and information to its global audiences,” the network said in a statement last night.

“Israel’s ongoing suppression of the free press, seen as an effort to conceal its actions in the Gaza Strip, stands in contravention of international and humanitarian law.

Israel’s direct targeting and killing of journalists, arrests, intimidation and threats will not deter Al Jazeera from its commitment to cover, whilst more than 140 Palestinian journalists have been killed since the beginning of the war on Gaza.

“The Network vehemently rejects the allegations presented by Israeli authorities suggesting professional media standards have been violated. It reaffirms its unwavering commitment to the values embodied by its Code of Ethics,” it said.

The statement comes after Israeli Prime Minister Benjamin Netanyahu’s cabinet voted unanimously to close Al Jazeera’s operations in Israel, weeks after Israel’s Parliament passed a law allowing the temporary closure of foreign broadcasters considered to be a threat to national security during the seven-month war in Gaza.


This content originally appeared on Asia Pacific Report and was authored by Pacific Media Watch.

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Teen fighter pauses near Myawaddy to talk of decision to join rebels https://www.rfa.org/english/news/myanmar/teenage-fighter-kayin-04192024150503.html https://www.rfa.org/english/news/myanmar/teenage-fighter-kayin-04192024150503.html#respond Fri, 19 Apr 2024 19:25:00 +0000 https://www.rfa.org/english/news/myanmar/teenage-fighter-kayin-04192024150503.html With braided hair, pink plastic clogs and a wide grin, 18-year-old Moe Pyae Sone stands straight before a camera and tells of her decision to leave her family, her school and her village.

“I am from northern Shan state and I’ve come to Kayin state for the revolution,” she says to Radio Free Asia.

Moe Pyae Sone pauses for a moment at an internally displaced people’s camp just south of Myawaddy, where ethnic rebels recently overran military junta positions.

Wearing camouflage pants and a tactical vest over a traditional red garment, she recalls her participation in protests – like so many other young people – against Myanmar’s military junta after the Feb. 1, 2021, coup d’etat.

Knowing of her desire to fight, her parents asked her to remain in school, she says. But in 2022, she secretly sold a pair of earrings to pay for travel expenses. 

On the other side of the country – in Chin state – she joined rebel forces and eventually became a trainer

“In Chin state, I’ve gained combat experience,” she says. “I’ve participated in quite a few battles.”

She speaks matter-of-factly and occasionally lets loose with a nervous giggle.

ENG_BUR_FemaleSoldier_04192024.2.JPG
Karen National Liberation Army fighter Moe Pyae Sone and another soldier are seen in Myanmar’s Kayin state, April 17, 2024. (Pimuk Rakkanam/RFA)

Earlier this year, she made her way to Kayin state to join with another group of anti-junta fighters. 

She’s the eldest of three siblings. She says her mother still lives in the same village in Shan state. 

“Of course they worry about me,” she says.

Then she jumps in the back of a pickup truck with a half dozen others. She turns around to wave goodbye – still smiling – as they drive off toward a junta outpost.

Edited by Matt Reed.


This content originally appeared on Radio Free Asia and was authored by By Pimuk Rakkanam for Radio Free Asia.

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Reporters Without Borders Welcomes Kyrgyz Decision To Stop Blocking Of Kloop Website https://www.radiofree.org/2024/03/19/reporters-without-borders-welcomes-kyrgyz-decision-to-stop-blocking-of-kloop-website/ https://www.radiofree.org/2024/03/19/reporters-without-borders-welcomes-kyrgyz-decision-to-stop-blocking-of-kloop-website/#respond Tue, 19 Mar 2024 18:06:44 +0000 https://www.rferl.org/a/kyrgyzstan-kloop-rsf-welcomes-reversal/32869012.html

PRISTINA -- Kosovar Prime Minister Albin Kurti says he will not suspend a move by the central bank to ban the circulation of the Serbian dinar in parts of the country with Serbian majorities but will accept the forming of an Association of Serb-Majority Municipalities once Belgrade agrees to sign a basic agreement on bilateral relations.

The basic agreement for the normalization of relations with Serbia was reached in February 2023, and includes the formation of the association, which is expected to more adequately represent predominantly ethnic Serb areas in Kosovo.

Kosovo is not a member of the European Union or its common currency area, the eurozone, but it unilaterally adopted the euro in 2002 to help bring monetary stability and to simplify and reduce transaction costs inside and outside the country.

Serbia, which has never acknowledged its former province's 2008 declaration of independence, still pays many ethnic Serbs at institutions in Serb-dominated parts of Kosovo in dinars. Many also hold their pensions and get child allowances in dinars.

"Regarding the Serbian-dinar-versus-euro issue, it is Kosovo's central bank that decides and they have already decided on December 27 last year," Kurti told RFE/RL's Balkan Service in an interview on March 19, arguing that the ban, which came into force on February 1, was meant to fight financial crime and terrorism.

"We have, thanks to them, a new regulation that is going to enhance the integrity of the financial system to fight illicit activities financing terrorism," Kurti said in Pristina on the same day top Serbian and Kosovar negotiators were holding bilateral meeting in Brussels with EU special envoy Miroslav Lajcak.

The Serbian dinar ban was reported to be high on the agenda, although no joint trilateral meeting has been confirmed so far.

The ban ratcheted up already high tensions between Serbia and Kosovo and threatened to scupper efforts by Washington and Brussels to get the dialogue between Pristina and Belgrade back on track.

"The dinar is not banned in Kosovo, but the euro is the only means of payment," Kurti told RFE/RL, echoing the central bank's line that the ban doesn’t stop anyone from accepting money from any country, it just means the money is converted into euros.

Still, the conversion adds a layer of cost and complication to the daily lives of ethnic Serbs still tied to the dinar.

"We cannot allow bagfuls of dinars in cash to enter our country. (It can happen) only through official financial channels with full transparency, who sends money to whom and for what purpose," Kurti said, adding that any disparities on the ground would have time to be smoothed out over the three-month transition period.

"Serbia can send dinars, we will exchange them into euros and Serbs in Kosovo can benefit from that financial aid," Kurti added.

However, the U.S. envoy to the Western Balkans last week warned that the ban had caused problems for some citizens in the region and challenges for the U.S.-Kosovo relationship.

Deputy Assistant Secretary of State Gabriel Escobar told RFE/RL on March 14 that Kosovo's controversial decision on the dinar was "an issue that we need to address immediately."

Escobar said that the issue had presented challenges in the bilateral relationship, although Washington remains Kosovo's most reliable ally.

The U.S. envoy also said that his proposals for resolving the issue had been rejected by Kurti during their meeting.

"It's not me as prime minister to decide about this thing," Kurti told RFE/RL when asked about why he refused Escobar's solutions.

"We're a democracy where powers and duties are separated. Therefore, I can only help the central bank to affect a smooth transition," Kurti said, declining to elaborate on Escobar's proposals.

"Let those who made the proposals speak," he added, reiterating that he cannot cancel the decision of an independent institution.

"No suspension will come out of talking to me, because the bank is an independent institution," he said, adding that its governor reports only to parliament, not the government.

Asked whether he would at least advise the bank to extend the transition period, Kurti replied: "I cannot also advise the central bank of Kosovo. The governor has his own advisers."

Referring to the basic agreement, Kurti said it was Belgrade that was hampering its implementation.

"I want the normalization of relations and I think that the signing of the basic agreement and its implementation annex can certainly cancel previous violations on one hand and, on the other hand can bring legal certainty for the future.

"The problem is that eight out of 11 articles of the basic agreement have been violated by Belgrade," Kurti said, mentioning a letter sent by Serbian Prime Minister Ana Brnabic to the European Union, in which, according to him, her government said they were withdrawing their pledge to the deal "because they will never recognize independence of Kosovo, never accept Kosovo's membership in the United Nations, and likewise they are not going to respect the territorial integrity of our country."

Referring to the forming of the Association of Serb-Majority Municipalities, which is mentioned in Article 7 of the basic agreement, Kurti reiterated his government's statement from October 27, which blamed Serbia for refusing to sign the document endorsed by the leaders of France, Italy, and Germany.

"What more can I do? We are leaders who are supposed to turn the text that we have agreed upon into signed agreements. Obviously, Serbian President Aleksandar Vucic initially said yes to the agreement without intending to sign it and then regretted saying yes, as Mrs. Brnabic's letter explained," Kurti said.

"I believe that whoever mentions an association of Serbian-majority municipalities outside the basic agreement or before it serving Serbia's quest to turn Kosovo into Bosnia," he said, adding that such an association has to be established withing the framework of the Kosovar Constitution.

"In Brussels I said one cannot serve coffee without a cup. If you ask for coffee without a cup, I will show you an empty cup. The cup is the Republic of Kosovo. What is the legal framework of the association? Is it the constitution of the Republic of Kosova or that of Serbia? If I'm there, it's the constitution of the Republic of Kosovo. No coffee without a cup.

"This is crucial to understand. Belgrade wants to put the cart before the horses. It's not possible. There will be no movement as we have seen since February and March last year," he said, adding that he was ready to go to Brussels again together with Vucic.

Referring to the frustration voiced by the United States and the European Union because of the lack of progress toward the Serbian dinar and the municipalities association, Kurti said that while they are indispensable partners, sometimes differences may arise.

"I consider United States an indispensable ally, friend, and partner. But this does not mean that we have an identical stance toward official Belgrade. As the prime minister of Kosovo, I cannot regard Belgrade through the eyes of the State Department...they do not see Belgrade as I see them. We do not have an identical stance. We have a different experience and history," Kurti said.


This content originally appeared on News - Radio Free Europe / Radio Liberty and was authored by News - Radio Free Europe / Radio Liberty.

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ACLU Statement on Supreme Court’s Decision Related to Whether Public Officials Can Block Social Media Followers https://www.radiofree.org/2024/03/15/aclu-statement-on-supreme-courts-decision-related-to-whether-public-officials-can-block-social-media-followers/ https://www.radiofree.org/2024/03/15/aclu-statement-on-supreme-courts-decision-related-to-whether-public-officials-can-block-social-media-followers/#respond Fri, 15 Mar 2024 17:29:20 +0000 https://www.commondreams.org/newswire/aclu-statement-on-supreme-courts-decision-related-to-whether-public-officials-can-block-social-media-followers

The news followed a controversial hearing in front of the Senate Judiciary Committee in December, in which Mangi, who was born in Pakistan, was asked to comment on both the September 11 terrorist attacks in the U.S. and Hamas' October 7 attack on Israel. While the committee voted to advance him along party lines, the outcome of a full Senate vote is now in question.

"Someone as qualified as Adeel Mangi should have broad and enthusiastic support from the whole Senate."

"A bipartisan coalition in the U.S. Senate is about to nix this judicial nominee because he's Muslim," Jameel Jaffer, the director of Columbia University's Knight First Amendment Institute, posted on social media in response to the news.

Human rights lawyer Qasim Rashid said on social media that the move to vote against him was "insufferable Islamophobia and cowardice."

Rashid pointed out that seven of the judges nominated by former President Donald Trump were rated as "not qualified" by the American Bar Association (ABA), yet the Senate still voted to confirm them. Mangi, on the other hand, is "highly qualified" and "highly rated" and "instead even Senate Democrats are running away from him."

The ABA rates Mangi as "well-qualified," and Benchmark Litigation placed him on its 2024 and 2023 lists of the "Top 100 Trial Lawyers" in the country. He earned law degrees from both Oxford and Harvard and has had a successful career both representing corporate clients at the law firm of Patterson, Belknap, Webb, and Tyler and taking on pro bono cases.

One of his prominent pro bono victories involved Muslim communities who had been barred from building a mosque in two New Jersey towns. In another, he secured a settlement for the family of Karl Taylor, who died in a New York prison after being attacked by guards.

"Someone as qualified as Adeel Mangi should have broad and enthusiastic support from the whole Senate," People for the American Way posted in response to the CNN story. "Mangi has spent his career working pro bono for people who couldn't afford a lawyer and would be the first Muslim judge on the 3rd Circuit."

Muslim advocacy group Emgage Action urged the public to support Mangi's nomination and criticized the "overtly Islamophobic questioning" at his confirmation hearings.

"Call on your senators to swiftly move forward with his confirmation and advocate for Adeel Mangi's suitability for the federal bench!" the group said on social media.

One of the most vocal Republican opponents of Mangi's nomination is Texas Sen. Ted Cruz.

Cruz was the one to ask him if he condemned "the atrocities of the Hamas terrorists," to which Mangi responded that the events of October 7 were "a horror." When Cruz then asked if he thought the attacks could be justified, Mangi answered, "I have no patience, none, for any attempts to justify or defend those events."

Cruz and other Republicans also questioned Mangi on his membership of the advisory board for the Rutgers Center for Security, Race, and Rights, which they claimed supported antisemitism because of speakers it had hosted, as NorthJersey.com reported. In response, Mangi said the advisory board only met once annually and discussed the center's academic research, not its programming.

At the time, Senate Judiciary Committee Democrats denounced the Republicans' line of questioning on social media.

"Senate Judiciary Republicans reached a new low, hurling unfounded accusations of antisemitism at an historic Muslim American judicial nominee today. In fact, Adeel Mangi is a longtime advocate for religious liberty," the Democratic committee members wrote.

Several Jewish American groups have backed Mangi's nomination, and even the Anti-Defamation League, which has been criticized for adopting an overly broad definition of antisemitism that stigmatizes legitimate criticisms of Israeli policies, defended him against the Republican line of questioning.

"Just as associating Jewish Americans with certain views or beliefs regarding Israeli government actions would be deemed antisemitic, berating the first American Muslim federal appellate judicial nominee with endless questions that appear to have been motivated by bias toward his religion is profoundly wrong," the group wrote in a January statement.

In a social media post on Friday, Cruz seemed to steer his opposition to Mangi away from anything that could be construed as Islamophobic to instead paint him as a radical. Cruz shared a letter opposing his confirmation from the National Troopers Coalition over Mangi's role as an advisory board member of the Alliance of Families for Justice, which supports the family members of incarcerated individuals. However, the coalition argued Mangi's role on the board showed an anti-law enforcement bias.

"He is so far left that even some Democrats are opposing his nomination," Cruz wrote.

In response to the news that Democrats might vote against Mangi, White House spokesperson Andrew Bates told CNN that the administration "continues to fight for his confirmation and to repudiate the vicious hate and bigotry with which he has been targeted because of his Muslim faith."

Bates called Mangi an "extraordinarily qualified nominee who is devoted to the rule of law, lived the American dream through hard work, proven his integrity, and would make history on the bench."


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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Another Two Months: A Kyrgyz Court’s Decision For 11 Journalists https://www.radiofree.org/2024/03/12/another-two-months-a-kyrgyz-courts-decision-for-11-journalists/ https://www.radiofree.org/2024/03/12/another-two-months-a-kyrgyz-courts-decision-for-11-journalists/#respond Tue, 12 Mar 2024 16:47:13 +0000 http://www.radiofree.org/?guid=b1e20f6d478406f037c5a9e064235fee
This content originally appeared on Radio Free Europe/Radio Liberty and was authored by Radio Free Europe/Radio Liberty.

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Free Speech For People Statement on Trump v. Anderson Decision https://www.radiofree.org/2024/03/04/free-speech-for-people-statement-on-trump-v-anderson-decision/ https://www.radiofree.org/2024/03/04/free-speech-for-people-statement-on-trump-v-anderson-decision/#respond Mon, 04 Mar 2024 18:53:00 +0000 https://www.commondreams.org/newswire/free-speech-for-people-statement-on-trump-v-anderson-decision

While Minnesota is not a swing state, and therefore may not have the same leverage over the Biden campaign as Michigan, organizers hope they can still send a message and inspire voters in other states.

"We're hoping that what we do here will just continue to push the wave of uncommitted across the United States," Amanda Purcell of MN Families for PalestinetoldThe Guardian.

"Voting uncommitted is a chance for Minnesotans to ask the president we fought for to change course, and recommit to all of us."

Progressive voters hope to use the uncommitted campaigns to persuade Biden to back a permanent cease-fire in Gaza, something that 68% of U.S. voters support, including 80% of Democrats. The campaigns seek to persuade the Biden administration that funding and arming an assault that the International Court of Justice has ruled a plausible genocide is not only immoral, but also a political liability as Biden prepares to face off against former President Donald Trump in November.

"We are organizing our neighbors across the state to tell Joe Biden: permanent cease-fire now!" reads the Vote Uncommitted MN website. "With his approval ratings bottoming-out and a tight race for re-election, we know he is paying close attention to what happens at the ballot box."

Minnesota is not the only state to pick up the uncommitted call. It is, however, the Super Tuesday state with the most prominent campaign to date. Other Super Tuesday primaries that have an uncommitted or equivalent line are Alabama, Colorado, Iowa, Massachusetts, North Carolina, Tennessee, and American Samoa.

The Colorado Palestine Coalition along with local chapters of the Democratic Socialists of America (DSA), launched a "Vote Noncommitted Colorado" campaign last Wednesday, though more than 762,000 people have already returned their ballots by mail.

"We figured if there's a way to make some waves and let our discontent be known, we might as well," organizer Grace Thorvilson toldAxios Denver.

However, organizers in Minnesota say an uncommitted campaign is primed to make an impact in the state because of its history of progressive, democratic engagement and its large Muslim and immigrant population.

"We vote in Minnesota. Number one in the country for turnout," Abandon Biden campaign in Minnesota co-chair Jaylani Hussein told The Guardian. "And when it comes to minorities and immigrants, we also have historically high, record turnout."

Campaigners have scrambled to get the word out in the wake of Michigan's success.

"Y'all Michigan had three weeks. Minnesota now has four and a half days," organizer Asma Mohammed said on a conference call last week reported by Minnesota Public Radio.

The campaign has received backing from local politicians, including St. Paul City Council President Mitra Jalali and Minneapolis City Council President Aisha Chughtai.

"When you elect leaders, you commit to navigating difficult decisions with them while holding them accountable and standing up for your communities," the pair wrote in an op-ed Monday in Sajan Journal. "Our communities deserve better than the idea that 'anyone is better than Trump'—we deserve real leadership that invites accountability. Voting uncommitted is a chance for Minnesotans to ask the president we fought for to change course, and recommit to all of us."

Some members of the coalition, such as the Abandon Biden movement, want to ensure that Biden does not win the general election in order to impose consequences for his position on Gaza. Others, however, see the primaries as a chance to pressure Biden to reverse course before the general in order to strengthen his position against Trump.

"I'm hoping that President Biden listens, because I don't want to have to organize my community out of becoming Republicans or just sitting at home," Mohammed said. "And it's not just my community."

Abou Amara, who has previously worked on campaigns for the Minnesota Democratic-Farmer-Labor Party—the state's Democratic Party affiliate—said that the primary was exactly the right time to put intra-party pressure on candidates.

"The Democratic primaries and the Republican primaries are the moment to exercise political power and to have your voice heard," Amara told Minnesota Now. "And you're seeing the Biden administration continue to respond, to say I have to listen to various aspects of my coalition."

On Sunday, for example, Vice President Kamala Harris gave a speech in Selma in which she called for an immediate cease-fire and said Israel was not doing enough to stop a "humanitarian catastrophe" in Gaza. While Harris only backed a temporary, six-week cease-fire to facilitate a hostage exchange, her rhetoric reflects growing pressure on the party.

AJ+ media critic Sana Saeed said on social media that it was a "blatant attempt to put Harris as sober to Biden's zeal in the wake of Michigan and polls showing his unpopularity."

"They know they are in trouble," she added, "so this is pure PR bait, and it seems some people are falling for it."

Organizers of the Uncommitted MN campaign hope the pressure will keep up beyond Super Tuesday. Already the United Food and Commercial Workers Local 3000, the largest union in Washington State, has endorsed the uncommitted campaign in that state's primary on March 12. Efforts are also underway in states including Wisconsin, Arizona, and Pennsylvania.

"This is a national movement," Mohammed told The Guardian. "It doesn't stop with Michigan. It doesn't stop with Minnesota. All of us have to be all in to get the attention of the president."


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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Dairy Decision Goes Unnoticed https://www.radiofree.org/2024/02/27/dairy-decision-goes-unnoticed/ https://www.radiofree.org/2024/02/27/dairy-decision-goes-unnoticed/#respond Tue, 27 Feb 2024 23:17:22 +0000 https://progressive.org/latest/dairy-decision-goes-unnoticed-ervin-20240227/
This content originally appeared on The Progressive — A voice for peace, social justice, and the common good and was authored by Mike Ervin.

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Suspending Funding for UNRWA is an Indirect Violation of the International Court of Justice’s Decision and Morally Indefensible https://www.radiofree.org/2024/02/09/suspending-funding-for-unrwa-is-an-indirect-violation-of-the-international-court-of-justices-decision-and-morally-indefensible/ https://www.radiofree.org/2024/02/09/suspending-funding-for-unrwa-is-an-indirect-violation-of-the-international-court-of-justices-decision-and-morally-indefensible/#respond Fri, 09 Feb 2024 06:57:39 +0000 https://www.counterpunch.org/?p=312754

Photograph Source: U.S. Department of State – Public Domain

In its January 26 decision in South Africa v. Israel, the International Court of Justice (ICJ) ruled that “the State of Israel shall take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip.” The institution best suited to provide “urgently needed basic services and humanitarian assistance” to Palestinians in the Gaza Strip is UNRWA, the United Nations Relief and Works Agency for Palestinian Refugees in the Near East. Sixteen countries, including the United States and other major donors, have suspended their voluntary contributions to UNRWA. I argue that suspending funding is an indirect violation of the ICJ’s decision and morally indefensible.

The sixteen countries that suspended funding are indirectly failing to provide the basic needs the ICJ ordered Israel to do. If the Court was concerned with the catastrophic situation of Palestinians in Gaza and UNRWA is the major organizations that provides basic services and humanitarian assistance, failing to fund UNRWA is indirectly failing to provide basic services as ordered by the Court.

Israel will never “take immediate and effective measures” to help Palestinians as the Court ordered. Its continued assault in Gaza is doing the exact opposite. So why couldn’t Israel use UNRWA to carry out the Court’s provisional measure?

Publicly, Israel has castigated UNRWA. “It’s time the international community and the U.N. itself understand that UNRWA’s mission has to end,” Israeli Prime Minister Benjamin Netanyahu told a group of ambassadors to the U.N. at his office in Jerusalem, as reported on February 1 by the Times of Israel. He was obviously upset that lawyers who represented South Africa at the ICJ cited UNRWA statements to support their case. “It [UNRWA] has to be replaced by some organization or organizations that will do the job,” he added.  And it is surely no coincidence that the suspension of funding for UNRWA happened on the same day of the ICJ’s decision to call for five provisional measures for Israel “to enable the provision of urgently needed basic services”.

Some Israelis do recognize the importance of UNRWA. “On the surface, Israel is really critical of UNRWA,” Anne Irfan, a lecturer at University College London, told National Public Radio, but behind the scenes, “they see it as preferable to the alternative. UNRWA provides the services which would otherwise come under Israel as the occupying power.” A high Israeli official was quoted in the Times of Israel as saying: “Israel does not push for its closure because there is no alternative,” the official explained. Even the Israeli ad hoc Judge in the case, Aharon Barak, voted in favor of the Court’s specific call for Israel “to enable the provision of urgently needed basic services and humanitarian assistance.” (The only dissenting vote in the 16-1 decision on this provisional measure was by Judge Julia Sebutinde from Uganda, who voted against all the Court’s provisional measures.)

The suspension of major donors’ funding UNRWA further weakens whatever hope there was to alleviate the Gazans’ adverse conditions recognized by the Court. If Israel will not “take immediate and effective measures,” and UNRWA is underfunded, the Court’s injunction will not be carried out. As the head of UNRWA, Philippe Lazzarini, said: “If the funds continue to be suspended, we will be forced to close our activities at the end of February, not only in Gaza, but also in the entire region.”

Hence, the sixteen countries who have suspended funding UNRWA have acted indirectly counter to the spirit of the Court’s 16-1 decision to provide basic services to almost two million people.

UNRWA has always been a controversial agency since its founding in 1949 by the U.N. General Assembly. It was created to provide relief to Palestinians suffering from Israel’s creation and the ensuing conflicts. Unlike the United Nations refugee agency, UNHCR, which is responsible for refugees worldwide, UNRWA’s focus has always been only on Palestinian refugees located in Lebanon, Jordan, Syria, the West Bank, and the Gaza Strip.

The fact that UNRWA is mandated to deal only with Palestinians has been the cause of historic anti-Palestinian and pro-Israeli biases against the organization. For example: Under President Trump, in 2018 the United States suspended funding to UNRWA when at the time roughly 200,000 children were enrolled in UNRWA schools; its twenty odd health clinics treated millions of patients. Presidential candidate Nikki Haley, former U.S. Ambassador to the United Nations, recently argued on Fox news against President’s Biden’s 2021 restoring funding for UNRWA: “I sat in President Trump’s office and said: ‘We have got to stop the money to UNRWA,’” she proudly recalled.

Unlike the inconsistent U.S. position, traditional UNRWA supporters have joined the United States in suspending contributions. The largest single donor to UNRWA, Germany – it has contributed nearly a billion dollars to UNRWA in the last five years – is among the 16 non-funders. “UNRWA is not making a contribution to a peaceful solution,” Max Lucks of the Green Party said. “Not a single cent from Germany should reach teachers who glorify the terror of Hamas,” he added, as reported in the National Review.

Can the sixteen countries suspending support for UNRWA be held responsible for not supporting the major organization capable of providing basic needs to Palestinians in the Gaza Strip? If countries can be held responsible for providing material to a country committing genocide, why can’t countries be held responsible for not providing material needed for basic services for almost two million people to survive? Can states be held responsible for the consequences of failing to provide basic services to Palestinians through UNRWA?

There should be no doubt about the importance of UNRWA. Several heads of U.N. agencies have expressed dire concerns about the suspended funding. “Withdrawing funds from UNRWA is perilous and would lead to the collapse of the humanitarian system in Gaza, which would have far-reaching consequences,” warned Martin Griffiths (Humanitarian Coordinator), Volker Türk (High Commissioner for Human Rights, OHCHR), Achim Steiner (United Nations Development Programme, UNDP), Cindy McCain (World Food Programme, WFP) and Tedros Adhanom Ghebreyesus (World Health Organisation, WHO) in a joint statement reported by Swissinfo.

Is the funding suspension valid?  Israel accuses 12 UNRWA employees of taking part in the October 7 Hamas attack, in one way or another. Nine of the accused staff have been dismissed. But to put the number 12 in perspective: UNRWA employs 13,000 people in Gaza, 30,000 in the region. The allegations concern 0.1% of the UNRWA employees in Gaza. Like Israel’s disproportionate killing of over 25,000 Palestinians and destruction of most of Gaza’s infrastructure in response to October 7, the suspension of UNRWA’s funding is disproportional and biased, what Lazzarini has called “additional collective punishment.” PassBlue has called the allegations “murky.”

So at the same time negotiators are working to find some peaceful settlement to the current conflict with a suspension of fighting, and the International Court of Justice finds “plausible” reasons to decide preliminary measures to prevent genocide, the major relief organization in the region is being undermined. And the people of Gaza, once again, are the ones who suffer.

Whether responsibility for providing material to Israel’s “plausibly” committing genocide or responsibility for not paying voluntary contributions to UNRWA to provide basic needs to Palestinians will ever be legally punished is improbable. But there is a definite moral responsibility in both cases.

The heroic work of UNRWA should be recognized and supported. Even the U.S. State Department, which did not wait for the results of an investigation before it “temporarily paused” additional funding, recognized that UNRWA “plays a critical role in providing lifesaving assistance to Palestinians.”

Suspending funding to an organization at the very moment it is most needed is morally indefensible. Remembering that 152 UNRWA employees have lost their lives since October 7, the organization deserves continuing funding, not continuing attacks and defunding. UNRWA, like the Palestinian people, deserves better.


This content originally appeared on CounterPunch.org and was authored by Daniel Warner.

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Putin Opponent And Anti-War Politician Boris Nadezhdin Awaits Decision On Presidential Election Bid https://www.radiofree.org/2024/02/08/putin-opponent-and-anti-war-politician-boris-nadezhdin-awaits-decision-on-presidential-election-bid/ https://www.radiofree.org/2024/02/08/putin-opponent-and-anti-war-politician-boris-nadezhdin-awaits-decision-on-presidential-election-bid/#respond Thu, 08 Feb 2024 12:10:07 +0000 http://www.radiofree.org/?guid=6bba3b03b91fd416c14721a2ea0b9661
This content originally appeared on Radio Free Europe/Radio Liberty and was authored by Radio Free Europe/Radio Liberty.

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Ukraine Reportedly Informs Washington Of Decision To Fire Zaluzhniy https://www.radiofree.org/2024/02/02/ukraine-reportedly-informs-washington-of-decision-to-fire-zaluzhniy/ https://www.radiofree.org/2024/02/02/ukraine-reportedly-informs-washington-of-decision-to-fire-zaluzhniy/#respond Fri, 02 Feb 2024 20:53:36 +0000 https://www.rferl.org/a/ukraine-informed-us-fired-zaluzhniy/32803300.html

U.S. officials have said they believe air strikes on dozens of Iranian-linked sites in Syria and Iraq late on February 2 in retaliation for the killing of three U.S. troops in northwest Jordan were successful and warned more strikes will follow, as Baghdad expressed anger and concerns persisted of widening conflict in the region.

U.S. President Biden had warned of imminent action after a drone attack at a U.S. base in Jordan killed three U.S. service members on January 28.

Washington blamed Iran and its supply of weapons to militia groups in the region.

Reports said the U.S. strikes had hit seven locations, four in Syria and three in Iraq.

“Our response began today. It will continue at times and places of our choosing,” U.S. President Joe Biden said in a statement released shortly after the attacks that "our response began today," adding, "It will continue at times and places of our choosing."

“The United States does not seek conflict in the Middle East or anywhere else in the world. But let all those who might seek to do us harm know this: If you harm an American, we will respond,” he added.

General Yehia Rasool, a spokesman for Iraqi Prime Minister Shia al-Sudani accused the United States of a "violation" of Iraqi sovereignty with potentially "disastrous consequences for the security and stability of Iraq and the region."

After a previous U.S. air strike in Baghdad, Sudani asked for the 2,000 or so U.S. troops in Iraq to be withdrawn -- a sensitive bilateral topic.

U.S. National Security Council spokesman John Kirby said the United States "did inform the Iraqi government prior to the strikes" but did not provide details. He said the attacks lasted about 30 minutes and included B-1 bombers that had flown from the United States.

Kirby said defense officials would be able to further assess the strikes' impact on February 3.

The U.K.-based Syrian Observatory for Human Rights war monitor, which has extensive contacts inside Syria, said at least 18 pro-Iran fighters had been killed in a strike near Al-Mayadeen in Syria.

U.S. Central Command earlier confirmed the strikes, saying its forces "conducted air strikes in Iraq and Syria against Iran’s Islamic Revolutionary Guards Corps (IRGC) Quds Force and affiliated militia groups."

"U.S. military forces struck more than 85 targets, with numerous aircraft to include long-range bombers flown from United States," it said, adding that it had struck "command and control operations, centers, intelligence centers, rockets, and missiles, and unmanned aerial vehicle storages, and logistics and munition supply chain facilities of militia groups and their IRGC sponsors who facilitated attacks against U.S. and Coalition forces."

Syrian state media said there had been a number of casualties in several sites in Syria's desert areas along the border with Iraq.

U.S. officials have said that the deadly January 28 attack in Jordan carried the "footprints" of Tehran-sponsored Kataib Hizballah militia in Iraq and vowed to hold those responsible to account at a time and place of Washington’s choosing, most likely in Syria or Iraq.

On January 31, Kataib Hizballah extremists in Iraq announced a "suspension" of operations against U.S. forces. The group said the pause was meant to prevent "embarrassing" the Iraqi government and hinted that the drone attack had been linked to the U.S. support of Israel in the war in Gaza.

Biden has been under pressure from opposition Republicans to take a harder line against Iran following the Jordan attack, but said earlier this week that "I don't think we need a wider war in the Middle East. That's not what I'm looking for."

Iranian President Ebrahim Raisi has said Tehran "will not start any war, but if anyone wants to bully us, they will receive a strong response."

Biden on February 2 witnessed the return to the United States of the remains of the three American soldiers killed in Jordan at a service at the Dover Air Force Base, Delaware.

The clashes between U.S. forces and Iran-backed militia have come against the background of an intense four-month military campaign in Gaza Strip against the U.S.- and EU-designated terrorist group Hamas after a Hamas attack killed at least 1,200 people in Israel, most of them civilians.

Iran-backed Huthi rebels in Yemen have also waged attacks on international shipping in the region in what they call an effort to target Israeli vessels and demonstrate support for Palestinians.

U.S. Secretary of State Antony Blinken is traveling to his fifth round of crisis talks in the region from February 3-8, with visits reportedly planned to Saudi Arabia, Egypt, Qatar, Israel, and the West Bank in an effort to promote a release of hostages taken by Hamas in its brutal October 7 raids.

With reporting by AFP, CNN, BBC, and AP


This content originally appeared on News - Radio Free Europe / Radio Liberty and was authored by News - Radio Free Europe / Radio Liberty.

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“Monumental Decision”: Biden Pauses Approvals for New LNG Terminals in Victory for Climate Movement https://www.radiofree.org/2024/01/30/monumental-decision-biden-pauses-approvals-for-new-lng-terminals-in-victory-for-climate-movement/ https://www.radiofree.org/2024/01/30/monumental-decision-biden-pauses-approvals-for-new-lng-terminals-in-victory-for-climate-movement/#respond Tue, 30 Jan 2024 13:27:02 +0000 http://www.radiofree.org/?guid=cb97d0fbfb167e413126d5eb3a01b0a3 Lngpause

In what many are calling a major victory for the climate movement, the Biden administration on Friday paused approvals for new liquified natural gas export terminals. In Louisiana, environmental justice activist Roishetta Sibley Ozane helped push for the change and calls the pause “a monumental decision in the fight for climate justice,” a result of years of organizing by activists and frontline communities. “There is nothing natural about releasing methane pollution into the community where children play.”


This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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Israel/OPT: States must reverse cruel decision to withdraw UNRWA funding https://www.radiofree.org/2024/01/29/israel-opt-states-must-reverse-cruel-decision-to-withdraw-unrwa-funding/ https://www.radiofree.org/2024/01/29/israel-opt-states-must-reverse-cruel-decision-to-withdraw-unrwa-funding/#respond Mon, 29 Jan 2024 21:11:19 +0000 https://www.commondreams.org/newswire/israel-opt-states-must-reverse-cruel-decision-to-withdraw-unrwa-funding The decisions by at least 11 donor countries to suspend funding to the UN Relief and Works Agency (UNRWA), following allegations that individual staff members were involved in the 7 October attacks in southern Israel, will deal a devastating blow to more than two million refugees in the occupied Gaza Strip for whom the organization serves as a sole lifeline, said Amnesty International. The organization is urging states to reverse their decisions and refrain from suspending funding to UNRWA.

“It is deeply shocking – indeed inhumane – that several governments have taken decisions that will cause further suffering to two million Palestinians, who are already facing the risk of genocide and an engineered famine just days after the International Court of Justice ruling concluded that the survival of Palestinians in Gaza is at risk. It is particularly appalling that such action has been taken over allegations concerning 12 employees out of UNRWA’s entire staff of 30,000,” said Agnès Callamard, Amnesty International’s Secretary General.

The allegations over the involvement of UNRWA staff in the 7 October attacks are serious and must be independently investigated; anyone against whom there is sufficient admissible evidence should be prosecuted in fair trials. But the alleged actions of a few individuals must not be used as a pretext for cutting off life-saving assistance in what could amount to collective punishment.
Agnès Callamard, Amnesty International’s Secretary General

“The allegations over the involvement of UNRWA staff in the 7 October attacks are serious and must be independently investigated; anyone against whom there is sufficient admissible evidence should be prosecuted in fair trials. But the alleged actions of a few individuals must not be used as a pretext for cutting off life-saving assistance in what could amount to collective punishment.”

The UK, Germany, Italy, the Netherlands, Switzerland, Japan, France and Finland joined the US, Australia and Canada in pausing funding to the aid agency. Together, they provided more than half of UNRWA’s budget in 2022. The decision follows allegations that 12 UNRWA staff were involved in the 7 October attacks in Israel carried out by Hamas. UNRWA immediately dismissed nine employees over the allegations and has launched an investigation.

At a time when Israel, the occupying power, continues to flagrantly violate its obligations vis-à-vis Palestinian refugees in Gaza and the rest of the Occupied Palestinian Territories, UNRWA has long served as a sole lifeline, offering indispensable humanitarian aid, education and shelter. The agency also provides desperately needed aid for millions of other Palestinian refugees living in neighbouring Arab countries.

Norway, Spain, Ireland and Belgium are among states that have announced they will not suspend funding, recognizing the vital role that UNRWA continues to play in the distribution of humanitarian aid to those in desperate need.

“It is disgraceful that instead of heeding the ICJ’s ruling, and the court’s finding that the catastrophic humanitarian situation in the Gaza Strip is at serious risk of deteriorating further, key states, including the United States, Canada, the UK, Germany, Australia, and France have cut off funding to the main provider of aid for civilians in Gaza,” said Agnès Callamard.

“All states have a clear duty to ensure the ICJ measures are implemented, including those ordering Israel to take immediate and effective measures to ensure the provision of humanitarian assistance to Palestinian civilians in Gaza as a key step to preventing genocide and further irreparable harm.

Some of the very governments that announced they will cut off funds to UNRWA over these allegations have, in the meantime, continued to arm Israeli forces despite overwhelming evidence that these arms are used to commit war crimes and serious human rights violations.
Agnès Callamard, Amnesty International’s Secretary General

“Some of the very governments that announced they will cut off funds to UNRWA over these allegations have, in the meantime, continued to arm Israeli forces despite overwhelming evidence that these arms are used to commit war crimes and serious human rights violations. Rushing to freeze funds for humanitarian aid, based on allegations that are still being investigated, while refusing to even consider suspending support for the Israeli military is a stark example of double standards,” said Agnès Callamard.

“Instead of suspending vital funding to those in need states should be working to halt arms transfers to Israel and Palestinian armed groups and pushing for an immediate and sustained ceasefire and full humanitarian access to help alleviate devastating suffering.”

The state of Israel and right-wing groups have for years led a smear campaign against UNRWA, which plays a key role in protecting Palestinians’ right of return to their lands.


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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U.S., EU Urge Kosovo To Postpone Decision On Banning Serbian Dinar https://www.radiofree.org/2024/01/28/u-s-eu-urge-kosovo-to-postpone-decision-on-banning-serbian-dinar/ https://www.radiofree.org/2024/01/28/u-s-eu-urge-kosovo-to-postpone-decision-on-banning-serbian-dinar/#respond Sun, 28 Jan 2024 14:03:52 +0000 https://www.rferl.org/a/west-kosovo-ban-serbs-dinar/32795252.html KYIV -- Ukrainian officials on January 27 said Russia had intensified attacks in the past 24 hours, with a commander saying the sides had battled through "50 combat clashes" in the past day near Ukraine's Tavria region.

Meanwhile, Kyiv and Moscow continued to dispute the circumstances surrounding the January 24 crash of a Russian military transport plane that the Kremlin claimed was carrying Ukrainian prisoners of war.

Kyiv said it has no proof POWs were aboard and has not confirmed its forces shot down the plane.

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General Oleksandr Tarnavskiy, the Ukrainian commander in the Tavria zone in the Zaporizhzhya region, said Russian forces had "significantly increased" the number of offensive and assault operations over the past two days.

"For the second day in a row, the enemy has conducted 50 combat clashes daily,” he wrote on Telegram.

"Also, the enemy has carried out 100 air strikes in the operational zone of the Tavria Joint Task Force within seven days," he said, adding that 230 Russian-launched drones had been "neutralized or destroyed" over the past day in the area.

Battlefield claims on either side cannot immediately be confirmed.

Earlier, the Ukrainian military said 98 combat clashes took place between Ukrainian troops and the invading Russian army over the past 24 hours.

"There are dead and wounded among the civilian populations," the Ukrianian military's General Staff said in its daily update, but did not provide further details about the casualties.

According to the General Staff, Russian forces launched eight missile and four air strikes, and carried out 78 attacks from rocket-salvo systems on Ukrainian troop positions and populated areas. Iranian-made Shahed drones and Iskander ballistic missiles were used in the attacks, it said.

A number of "high-rise residential buildings, schools, kindergartens, a shopping center, and other civilian infrastructure were destroyed or damaged" in the latest Russian strikes, the bulletin said.

"More than 120 settlements came under artillery fire in the Chernihiv, Sumy, Kharkiv, Luhansk, Donetsk, Zaporizhzhya, Dnipropetrovsk, Kherson, and Mykolayiv regions," according to the daily update.

The General Staff also reported that Ukrainian defenders repelled dozens of Russian assaults in eight directions, including Avdiyivka, Bakhmut, Maryinka, and Kupyansk in the eastern Donetsk region.

Meanwhile, Kyrylo Budanov, chief of Ukrainian military intelligence, said it remained unclear what happened in the crash of the Russian Il-76 that the Kremlin claimed was carrying 65 Ukrainian prisoners of war who were killed along with nine crew members.

The Kremlin said the military transport plane was shot down by a Ukrainian missile despite the fact that Russian forces had alerted Kyiv to the flight’s path.

Ukrainian military intelligence spokesman Andriy Yusov told RFE/RL that it had not received either a written or verbal request to secure the airspace where the plane went down.

The situation with the crash of the aircraft "is not yet fully understood,” Budanov said.

"It is necessary to determine what happened – unfortunately, neither side can fully answer that yet."

Russia "of course, has taken the position of blaming Ukraine for everything, despite the fact that there are a number of facts that are inconsistent with such a position," he added.

Russian President Vladimir Putin has insisted Ukraine shot down the plane and said an investigation was being carried out, with a report to be made in the upcoming days.

In Kyiv, President Volodymyr Zelenskiy announced the creation of a second body to assist businesses in the war-torn country.

Speaking in his nightly video address late on January 26, Zelenskiy said the All-Ukraine Economic Platform would help businesses overcome the challenges posed by Russia's nearly two-year-old invasion.

On January 23, Zelenskiy announced the formation of a Council for the Support of Entrepreneurship, which he said sought to strengthen the country's economy and clarify issues related to law enforcement agencies. Decrees creating both bodies were published on January 26.

Ukraine's economy has collapsed in many sectors since Russia invaded the country in February 2022. Kyiv heavily relies on international aid from its Western partnes.

The Voice of America reported that the United States vowed to promote at the international level a peace formula put forward by Zelenskiy.

VOA quoted White House National Security Council spokesman John Kirby as saying that Washington "is committed to the policy of supporting initiatives emanating from the leadership of Ukraine."

Zelenskiy last year presented his 10-point peace formula that includes the withdrawal of Russian forces and the restoration of Ukrainian territorial integrity, among other things.

With reporting by Reuters and dpa


This content originally appeared on News - Radio Free Europe / Radio Liberty and was authored by News - Radio Free Europe / Radio Liberty.

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Rabuka stands firm on sacking decision – coalition at risk https://www.radiofree.org/2024/01/22/rabuka-stands-firm-on-sacking-decision-coalition-at-risk/ https://www.radiofree.org/2024/01/22/rabuka-stands-firm-on-sacking-decision-coalition-at-risk/#respond Mon, 22 Jan 2024 07:45:14 +0000 https://asiapacificreport.nz/?p=95941 By Temalesi Vono in Suva

Fiji’s fired Education Minister Aseri Radrodro rebuffed three letters from the Prime Minister and legal advice from the Solicitor-General that led to his sacking as a cabinet minister, Prime Minister Sitiveni Rabuka revealed yesterday.

Rabuka also said he wrote twice to the Social Democratic Liberal Party (SODELPA) leader Viliame Gavoka and met him once to discuss Radrodro’s non-compliance to his directives to reappoint members of the Fiji National University Council who he had sacked.

“I requested honourable Gavoka to urge the SODELPA Management Board to consider taking action to ensure the unlawful decisions outlined above, are rescinded, as it could invite serious legal consequences for the Coalition Government,” said Rabuka.

He added that Radrodro would cease to be minister from today.

“Honourable Radrodro may attend his former office to remove his personal items and honourable Gavoka may request him for a handover-briefing on his return from official travel.”

Rabuka had announced the sacking of Radrodro for “insubordination and disobedience” via social media platform Facebook.

RNZ Pacific reports that Fiji’s three-party coalition government is at risk of collapse after just over 12 months in power following the dismissal of Radrodo, with calls for Rabuka to step down as prime minister.

Radrodro — who is one of three MPs from the kingmaker party, Sodelpa — told local media the sacking came as a surprise, saying he only received a letter of his dismissal after it had been announced on social media.

He told local media he was not sure if he remained an MP.

However, the Cabinet and Parliament are two separate institutions independent of each other and Radrodro remains a parliamentarian.

Aseri Radrodro
Sodelpa’s Aseri Radrodro . . . dimissed for “insubordination and disobedience”. Image: Republic of Fiji Parliament/RNZ Pacific

According to the Standing Orders, only Parliament can remove an MP either for disciplinary reasons through a process in Parliament as provided for in the Constitution or in any law or if an MP Member is expelled by his/her party, or he/she resigns from the party, under which the party formally informs the Speaker of such a resignation or expulsion.

Temalesi Vono is a Fiji Times reporter. Republished with permission. This article is also republished under a community partnership agreement with RNZ.


This content originally appeared on Asia Pacific Report and was authored by APR editor.

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Creating Judicial Chaos: Will the Supreme Court Overturn the Chevron Decision? https://www.radiofree.org/2024/01/22/creating-judicial-chaos-will-the-supreme-court-overturn-the-chevron-decision/ https://www.radiofree.org/2024/01/22/creating-judicial-chaos-will-the-supreme-court-overturn-the-chevron-decision/#respond Mon, 22 Jan 2024 06:56:45 +0000 https://www.counterpunch.org/?p=311301 Republicans have proudly made themselves the party of chaos. In his tenure as president, Donald Trump was almost gleeful when he took executive actions that made no sense and often contradicted his earlier actions and stated positions. Republicans have also applied this approach to the legislative branch as they have used their control of the More

The post Creating Judicial Chaos: Will the Supreme Court Overturn the Chevron Decision? appeared first on CounterPunch.org.

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Republicans have proudly made themselves the party of chaos. In his tenure as president, Donald Trump was almost gleeful when he took executive actions that made no sense and often contradicted his earlier actions and stated positions.

Republicans have also applied this approach to the legislative branch as they have used their control of the House to block almost all legislation on anything, including efforts to deal with immigration. This is despite the fact that they endlessly yell about immigration as the number one crisis facing the country.

Now the chaos party is looking to take their brand to the judiciary, as Republican justices are debating whether to overturn the Chevron doctrine. The Chevron doctrine dates back to a case brought before the court in 1984.

In that case, Chevron was contesting the Environmental Protection Agency’s (EPA) interpretation of a law passed by Congress in 1977, which required an extensive environmental review for any industrial project that would establish a new stationary source of pollution. The EPA interpreted this law to mean that a significant expansion of any existing source also was subject to an EPA review.

Chevron contested this interpretation, arguing that it was not the precise wording of the law. The court decided in a unanimous decision (i.e. justices appointed by both Republicans and Democrats) that the EPA had acted correctly. The ruling, which became known as the Chevron doctrine, held that a decision by an administrative body, like the EPA, was binding as long as it was a reasonable interpretation of the statute passed by Congress.

The Supreme Court is now hearing a case, Loper Bright Enterprises v. Raimondo, which right-wing legal groups hope will overturn the Chevron case. The issue being contested is whether the National Marine Fisheries Service, a division of the Commerce Department, can require fishing boats to pay the cost of observers placed on their boats to ensure that they are complying with the relevant fishing restrictions.

Loper Bright Enterprises is arguing that this is not a provision written directly into the law. The counterargument from the Commerce Department (Gina Raimondo is the department secretary) is that this requirement is a reasonable interpretation of the laws requiring the Fisheries Service to maintain a sustainable supply of fish over time.

Overturning Chevron is Pro-Chaos, not Pro Business

Much of the discussion around this case treats the prospect of overturning Chevron as being pro-business. While that could be the outcome in this particular case (although the fishing industry is the biggest beneficiary of efforts to ensure a sustainable supply of fish), that would not necessarily be the effect in general.

Laws always contain a substantial element of ambiguity, since it is impossible to lay out in legislation the specific factors that would be relevant in every individual case. This means that it is necessary for someone to determine how the law applies to the specific case in question.

The Chevron doctrine gives considerable authority to the administrative agencies. These agencies are staffed with career civil servants who become experts in specific areas and apply the same principles over many decades. This ensures a large degree of consistency in the law, which businesses can assume in making expansion and investment decisions.

Overturning Chevron does not remove the need to interpret laws, it just takes the power away from the administrative agencies and gives it to judges. This is likely to lead to far less certainty for two reasons.

First, unlike the administrative agencies, the judges making rulings are not going to have expertise in the areas on which they are being asked to make a ruling. The trial court judge making the initial ruling in this case likely knew nothing about sustainable fishing practices.

The same would be the case with countless other issues that routinely get brought before administrative agencies. A judge making a ruling on whether Boeing had complied with relevant safety legislation with its latest 737 plane, likely has no expertise in airline safety, unlike the FAA. A judge making a ruling on the safety of a new drug likely has no expertise on the sort of tests needed to determine a drug’s safety and efficacy, unlike the FDA.

The issue of drug safety brings up the second reason. Sometimes presidents appoint judges, not because they think they would be competent jurists, but because they adhere to a particular ideology.

We saw this recently when U.S. District Judge Matthew Kacsmaryk overturned the FDA’s approval of mifepristone, a drug used to induce abortions, which had been on the market for more than 20 years. Judge Kacsmaryk does not have any special medical expertise, he was a far-right legal scholar appointed by Donald Trump to appease the anti-abortion movement.

It’s likely that Judge Kacsmaryk’s ruling will be overturned by the Supreme Court, it already has been stayed, so his prohibition on mifepristone’s use did not go into effect. But can anyone seriously contend that a world in which any judge can ban any drug that they don’t like, based on no scientific evidence whatsoever, is pro-business?

The pharmaceutical industry exaggerates the cost of developing drugs, but the major drug companies do spend tens of billions of dollars on research each year. Would this spending make sense in a context where any random judge can suddenly prohibit them from selling a drug that has long been established to be safe and effective?

The same story applies to almost every area of business. If the FAA had fully blessed Boeing’s airplane designs and safety tests, would it be good for Boeing if a judge could just ignore all the safety data and tell Boeing its planes are unsafe?

This also goes the other way. Car manufacturers spend hundreds of millions of dollars to comply with safety, pollution, and mileage standards. These companies would have a hard time competing with a new company who found a judge that said these rules don’t apply to them.

Needless to say, businesses don’t like rules that restrain them, but overturning Chevron doesn’t mean that they won’t have rules that restrain them. It just means that they won’t have the consistent enforcement that results from having career civil servants in administrative agencies attempting to apply laws in a uniform manner over time. Instead, they will be subject to random rulings from judges who span the political spectrum.

In short, the overturning of Chevron would be an effort by the Republican Justices to apply the same sort of chaos to the judiciary that the Republican Party has already applied to the executive and legislative branches. This would certainly enhance the Republicans’ ability to run as the party of chaos in 2024, but it would not do much to advance either business interests narrowly or the public interest more generally.

This first appeared on Dean Baker’s Beat the Press blog.

The post Creating Judicial Chaos: Will the Supreme Court Overturn the Chevron Decision? appeared first on CounterPunch.org.


This content originally appeared on CounterPunch.org and was authored by Dean Baker.

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Pakistan’s Senate Approves Delaying Elections, But Decision Not Binding https://www.radiofree.org/2024/01/05/pakistans-senate-approves-delaying-elections-but-decision-not-binding/ https://www.radiofree.org/2024/01/05/pakistans-senate-approves-delaying-elections-but-decision-not-binding/#respond Fri, 05 Jan 2024 10:47:27 +0000 https://www.rferl.org/a/pakistan-senate-approves-vote-delay/32762507.html One person was killed and another injured in a Russian attack on an agricultural enterprise in the Kherson region, the head of the regional military administration said as Ukraine claimed its forces had carried out a successful operation on the Russian-occupied Crimean Peninsula.

Oleksandr Prokudin said a rocket attack on January 5 on the agricultural enterprise in Kherson killed a 35-year-old man and injured a 60-year-old resident.

Prokudin said "four targeted strikes" also destroyed buildings and equipment.

Russian troops regularly shell the de-occupied part of the Kherson region. Despite evidence and testimony to the contrary, Moscow denies targeting civilians.

In a rare admission of its military operations in Crimea, Ukraine has admitted it carried out attacks on a Russian military command post and a military unit in separate strikes on the Russia-occupied peninsula, saying it had inflicted "serious damage" to Russia's defense system.

Live Briefing: Russia's Invasion Of Ukraine

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Nataliya Humenyuk, the spokeswoman of the Defense Forces of Southern Ukraine, said on January 5 that "really powerful combat" operations took place earlier this week, hitting Russia's military operations in Crimea especially hard.

"Not only one command post was affected," she said in a rare detailing of Ukrainian operations to repel the full-scale invasion Russia launched in February 2022.

"Now they have the same hysteria with movement again. They are trying to maneuver and position both the defense systems themselves and the objects they protect in other places," she added in an interview on the show Social Resistance.

It was not possible to verify Humenyuk's claims.

The attacks on Crimea come after an intensification of Russian missile and drone strikes on Ukraine.

Russian hypersonic and other missile attacks combined with drone strikes blanketed Ukraine on December 29 and again on January 2, killing more than 40 people and injuring dozens more. Ukraine hit back with attacks in southern Russia on December 30. Authorities in the Belgorod region said 25 people were killed.

The risk of air attacks continued on January 5 as sirens rang out three times across the Crimean city of Sevastopol on January 5, though there were no reports of explosions or impacts from drones or missiles.

In the early hours of January 5, the Russian city of Belgorod also was targeted by another round of Ukrainian shelling, officials said, hours after schools in the region were ordered to extend their holiday closures due to the risk of further attacks.

Belgorod Governor Vyacheslav Gladkov also gave residents an opportunity to evacuate to safer areas. Residents will be helped to move to temporary accommodations in the other cities.

Ukrainian presidential adviser Mykhaylo Podolyak on January 5 joined the United States in saying that Russia has hit Ukraine with missiles supplied by North Korea for the first time since launching its full-scale invasion.

Podolyak's statement came after the governor of the northeastern region of Kharkiv said that it had been struck by missiles fired by Russia that were not Russian-made.

"There is no longer any disguise. The #Moscow regime is no longer concealing its intentions, nor is it trying to pass off a large-scale war of aggression as mythical 'denazification,'" Podolyak said on X, formerly Twitter.


Russia "is attacking Ukrainians with missiles received from a state where citizens are tortured in concentration camps for having an unregistered radio, talking to a tourist, watching TV shows," he added.

He did not provide evidence for the missiles being North Korean, but his statements come a day after U.S. National Security Council spokesman John Kirby told reporters at the White House on January 4 that recently declassified intelligence found that North Korea has provided Russia with ballistic-missile launchers and several ballistic missiles.

Russian forces fired at least one of those missiles into Ukraine on December 30, and it landed in an open field in the Zaporizhzhya region, Kirby said. Russia also launched multiple North Korean ballistic missiles on January 2 as part of an overnight attack, he added.

Kirby also said Russia is seeking close-range ballistic missiles from Iran. A deal has not been completed, but the United States is concerned that negotiations "are actively advancing.”

With reporting by Reuters


This content originally appeared on News - Radio Free Europe / Radio Liberty and was authored by News - Radio Free Europe / Radio Liberty.

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RSF hails decision to award Nobel Peace Prize to Iranian journalist https://www.radiofree.org/2023/10/07/rsf-hails-decision-to-award-nobel-peace-prize-to-iranian-journalist/ https://www.radiofree.org/2023/10/07/rsf-hails-decision-to-award-nobel-peace-prize-to-iranian-journalist/#respond Sat, 07 Oct 2023 22:08:40 +0000 https://asiapacificreport.nz/?p=94239 Pacific Media Watch

Reporters Without Borders (RSF) has hailed the news that Narges Mohammadi — an Iranian journalist RSF has been defending for years — has been awarded the Nobel Peace Prize for her “fight against the oppression of women in Iran,” her courage and determination.

Persecuted by the Iranian authorities since the late 1990s for her work, and imprisoned again since November 2021, she must be freed at once, RSF declared in a statement.

“Speak to save Iran” is the title of one of the letters published by Mohammadi from Evin prison, near Tehran, where she has been serving a sentence of 10 years and 9 months in prison since 16 November 2021.

She has also been sentenced to hundreds of lashes. The maker of a documentary entitled White Torture and the author of a book of the same name, Mohammadi has never stopped denouncing the sexual violence inflicted on women prisoners in Iran.

It is this fight against the oppression of women that the Nobel Committee has just saluted by awarding the Peace Prize to this 51-year-old journalist and human rights activist, the former vice-president of the Defenders of Human Rights Centre, the Iranian human rights organisation that was created by Shirin Ebadi, the Iranian lawyer who was herself awarded the Nobel Peace Prize in 2003.

It is because of this fight that Mohammadi has been hounded by the Iranian authorities, who continue to persecute her in prison.

She has been denied visits and telephone calls since 12 April 2022, cutting her off from the world.

New charges
At the same time, the authorities in Evin prison have brought new charges to keep her in detention.

On August 4, her jail term was increased by a year after the publication of another of her letters about violence against fellow women detainees.


White Torture: The infamy of solitary confinement in Iran with Narges Mohammadi.

Mohammadi was awarded the RSF Prize for Courage on 12 December 2023. At the award ceremony in Paris, her two children, whom she has not seen for eight years, read one of the letters she wrote to them from prison.

“In this country, amid all the suffering, all the fears and all the hopes, and when, after years of imprisonment, I am behind bars again and I can no longer even hear the voices of my children, it is with a heart full of passion, hope and vitality, full of confidence in the achievement of freedom and justice in my country that I will spend time in prison,” she wrote.

She ended the letter with a call to keep alive “the hope of victory”.

RSF secretary-general Christophe Deloire said:

“It is with immense emotion that I learn that the Nobel Peace Prize is being awarded to the journalist and human rights defender Narges Mohammadi.

At Reporters Without Borders (RSF), we have been fighting for her for years, alongside her husband and her two children, and with Shirin Ebadi. The Nobel Peace Prize will obviously be decisive in obtaining her release.”

On June 7, RSF referred the unacceptable conditions in which Mohammadi is being detained to all of the relevant UN human rights bodies.

During an oral update to the UN Human Rights Council on July 5, the Independent International Fact-Finding Mission on the Islamic Republic of Iran expressed concern over the “continued detention of human rights defenders and lawyers defending the protesters, and at least 17 journalists”.

It is thanks to Mohammadi’s journalistic courage that the world knows what is happening in the Islamic Republic of Iran’s prisons, where 20 journalists are currently detained.

They include three other women: Elaheh Mohammadi, Niloofar Hamedi and Vida Rabbani.

Pacific Media Watch collaborates with Reporters Without Borders.


This content originally appeared on Asia Pacific Report and was authored by Pacific Media Watch.

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"Rosebank is the Wrong Decision" | Humza Yousaf MSP | 27 September 2023 | Just Stop Oil #shorts https://www.radiofree.org/2023/09/27/rosebank-is-the-wrong-decision-humza-yousaf-msp-27-september-2023-just-stop-oil-shorts/ https://www.radiofree.org/2023/09/27/rosebank-is-the-wrong-decision-humza-yousaf-msp-27-september-2023-just-stop-oil-shorts/#respond Wed, 27 Sep 2023 16:19:22 +0000 http://www.radiofree.org/?guid=c864349e9db4d7c470d1cd773d7cd6a4
This content originally appeared on Just Stop Oil and was authored by Just Stop Oil.

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Facts and Fiction About Oppenheimer: the Decision Bomb Japan With Atomic Weapons https://www.radiofree.org/2023/09/21/facts-and-fiction-about-oppenheimer-the-decision-bomb-japan-with-atomic-weapons/ https://www.radiofree.org/2023/09/21/facts-and-fiction-about-oppenheimer-the-decision-bomb-japan-with-atomic-weapons/#respond Thu, 21 Sep 2023 05:55:33 +0000 https://www.counterpunch.org/?p=294747 As he was a close friend of Truman, Byrnes’ first assignment was to act as the President’s personal advisor. Byrnes, the most prominent right-winger in the Democratic Party, was among the few politicians taken into confidence regarding the work on the atomic bomb. So, in their very first meeting, under the new setting in mid-April More

The post Facts and Fiction About Oppenheimer: the Decision Bomb Japan With Atomic Weapons appeared first on CounterPunch.org.


This content originally appeared on CounterPunch.org and was authored by N.D. Jayaprakash.

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MSG leaders defer Papua membership decision to Pacific Islands Forum https://www.radiofree.org/2023/08/25/msg-leaders-defer-papua-membership-decision-to-pacific-islands-forum/ https://www.radiofree.org/2023/08/25/msg-leaders-defer-papua-membership-decision-to-pacific-islands-forum/#respond Fri, 25 Aug 2023 08:16:01 +0000 https://asiapacificreport.nz/?p=92278 By Kelvin Anthony, RNZ Pacific journalist in Port Vila

The leaders of five Melanesian countries and territories avoided a definitive update on the status of the United Liberation Movement of West Papua’s application for full membership in the Melanesian Spearhead Group in Port Vila.

However, the 22nd MSG Leaders’ Summit was hailed as the “most memorable and successful” by Vanuatu’s prime minister as leaders signed off on two new declarations in their efforts to make the subregion more influential.

As well as the hosts, the meeting was attended by Fiji, Papua New Guinea, Solomon Islands and the pro-independence FLNKS (Kanak and Socialist National Liberation Front) of New Caledonia.

But the meeting had an anticlimactic ending after the leaders failed to release the details about the final outcomes or speak to news media.

The first agreement that was endorsed is the Udaune Declaration on Climate Change to address the climate crisis and “urging countries not to discharge potentially harmful treated nuclear contaminated water into the Pacific Ocean”.

“Unless the water treated is incontrovertibly proven, by independent scientists, to be safe to do and seriously consider other options,” Vanuatu Prime Minister Alatoi Ishmael Kalsakau said at the event’s farewell dinner last night.

The leaders also signed off on the Efate Declaration on Mutual Respect, Cooperation and Amity to advance security initiatives and needs of the Melanesian countries.

This document aims to “address the national security needs in the MSG region through the Pacific Way, kipung, tok stori, talanoa and storian, and bonded by shared values and adherence to the Melanesian vuvale, cultures and traditions,” Kalsakau said.

He said the leaders “took complex issues such as climate change, denuclearisation, and human rights and applied collective wisdom” to address the issues that were on the table.


Stefan Armbruster reporting from Port Vila.  Video: SBS World News

No update on West Papua
The issue of full membership for the United Liberation Movement of West Papua (ULMWP)  was a big ticket item on the agenda at the meeting in Port Vila, according to MSG chair Kalsakau.

However, there was no update provided on it and the leaders avoided fronting up to the media except for photo opportunities.

Benny Wenda at the 22 Melanesian Spearhead Group Leaders' Summit in Port Vila. 22 August 2023
Benny Wenda at the 22nd Melanesian Spearhead Group Leaders’ Summit in Port Vila . . . “I don’t know the outcome. Maybe this evening the leaders will announce [it].” Image: RNZ Pacific/Kelvin Anthony

ULMWP leader Benny Wenda (above) told RNZ Pacific late on Thursday he was still not aware of the result of their membership application but that he was “confident” about it.

“I don’t know the outcome. Maybe this evening the leaders will announce at the reception,” Wenda said.

“From the beginning I have been confident that this is the time for the leaders to give us full membership so we can engage with Indonesia.”

According to the MSG Secretariat the final communique is now expected to be released on Friday.

Referred to Pacific Islands Forum
However, it is likely that the West Papua issue will be referred to the Pacific Islands Forum to be dealt with.

Papua New Guinea Prime Minister James Marape said after the signing: “on the issues that was raised in regards to West Papua…these matters to be handled at [Pacific Islands Forum]”.

“The leaders from the Pacific will also visit Jakarta and Paris” to raise issues about sovereignty and human rights,” he said.

Kalsakau said he looked forward to progressing the implementaiton of important issue recommendations from the 22nd MSG Leaders’ Summit which also include “supporting the 2019 call by the Forum Leaders for a visit by the OHCHR to West Papua”.

MSG leaders drink kava in Port Vila
MSG leaders drink kava to mark the end of the meeting and the signing two declarations. Image: RNZ Pacific/Kelvin Anthony

Indonesia ‘proud’
Indonesia’s Vice-Minister for Foreign Affairs, Pahala Mansury, said Indonesia was proud to be part of the Melanesian family.

Indonesia is an associate member of MSG and has said it does not accept ULMWP’s application to become a full member because it claims that this goes against the MSG’s founding principles and charter.

During the meeting this week, Indonesian delegates walked out on occasions when ULMWP representatives made their intervention.

Some West Papua campaigners say these actions showed that Indonesia did not understand “the Melanesian way”.

“You just don’t walk out of a sacred meeting haus when you’re invited to be part of it,” one observer said.

However, Mansury said Indonesia hoped to “continue to increase, enhance and strengthen future collaboration between Indonesia and all of the Melanesian countries”.

“We are actually brothers and sisters of Melanesia and we hope we can continue to strengthen the bond together,” he said.

Australia and China attended as special guests at the invitation of the Vanuatu government.

China supported the Vanuatu government to host the meeting.

This article is republished under a community partnership agreement with RNZ.


This content originally appeared on Asia Pacific Report and was authored by APR editor.

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MSG leaders defer Papua membership decision to Pacific Islands Forum https://www.radiofree.org/2023/08/25/msg-leaders-defer-papua-membership-decision-to-pacific-islands-forum-2/ https://www.radiofree.org/2023/08/25/msg-leaders-defer-papua-membership-decision-to-pacific-islands-forum-2/#respond Fri, 25 Aug 2023 08:16:01 +0000 https://asiapacificreport.nz/?p=92278 By Kelvin Anthony, RNZ Pacific journalist in Port Vila

The leaders of five Melanesian countries and territories avoided a definitive update on the status of the United Liberation Movement of West Papua’s application for full membership in the Melanesian Spearhead Group in Port Vila.

However, the 22nd MSG Leaders’ Summit was hailed as the “most memorable and successful” by Vanuatu’s prime minister as leaders signed off on two new declarations in their efforts to make the subregion more influential.

As well as the hosts, the meeting was attended by Fiji, Papua New Guinea, Solomon Islands and the pro-independence FLNKS (Kanak and Socialist National Liberation Front) of New Caledonia.

But the meeting had an anticlimactic ending after the leaders failed to release the details about the final outcomes or speak to news media.

The first agreement that was endorsed is the Udaune Declaration on Climate Change to address the climate crisis and “urging countries not to discharge potentially harmful treated nuclear contaminated water into the Pacific Ocean”.

“Unless the water treated is incontrovertibly proven, by independent scientists, to be safe to do and seriously consider other options,” Vanuatu Prime Minister Alatoi Ishmael Kalsakau said at the event’s farewell dinner last night.

The leaders also signed off on the Efate Declaration on Mutual Respect, Cooperation and Amity to advance security initiatives and needs of the Melanesian countries.

This document aims to “address the national security needs in the MSG region through the Pacific Way, kipung, tok stori, talanoa and storian, and bonded by shared values and adherence to the Melanesian vuvale, cultures and traditions,” Kalsakau said.

He said the leaders “took complex issues such as climate change, denuclearisation, and human rights and applied collective wisdom” to address the issues that were on the table.


Stefan Armbruster reporting from Port Vila.  Video: SBS World News

No update on West Papua
The issue of full membership for the United Liberation Movement of West Papua (ULMWP)  was a big ticket item on the agenda at the meeting in Port Vila, according to MSG chair Kalsakau.

However, there was no update provided on it and the leaders avoided fronting up to the media except for photo opportunities.

Benny Wenda at the 22 Melanesian Spearhead Group Leaders' Summit in Port Vila. 22 August 2023
Benny Wenda at the 22nd Melanesian Spearhead Group Leaders’ Summit in Port Vila . . . “I don’t know the outcome. Maybe this evening the leaders will announce [it].” Image: RNZ Pacific/Kelvin Anthony

ULMWP leader Benny Wenda (above) told RNZ Pacific late on Thursday he was still not aware of the result of their membership application but that he was “confident” about it.

“I don’t know the outcome. Maybe this evening the leaders will announce at the reception,” Wenda said.

“From the beginning I have been confident that this is the time for the leaders to give us full membership so we can engage with Indonesia.”

According to the MSG Secretariat the final communique is now expected to be released on Friday.

Referred to Pacific Islands Forum
However, it is likely that the West Papua issue will be referred to the Pacific Islands Forum to be dealt with.

Papua New Guinea Prime Minister James Marape said after the signing: “on the issues that was raised in regards to West Papua…these matters to be handled at [Pacific Islands Forum]”.

“The leaders from the Pacific will also visit Jakarta and Paris” to raise issues about sovereignty and human rights,” he said.

Kalsakau said he looked forward to progressing the implementaiton of important issue recommendations from the 22nd MSG Leaders’ Summit which also include “supporting the 2019 call by the Forum Leaders for a visit by the OHCHR to West Papua”.

MSG leaders drink kava in Port Vila
MSG leaders drink kava to mark the end of the meeting and the signing two declarations. Image: RNZ Pacific/Kelvin Anthony

Indonesia ‘proud’
Indonesia’s Vice-Minister for Foreign Affairs, Pahala Mansury, said Indonesia was proud to be part of the Melanesian family.

Indonesia is an associate member of MSG and has said it does not accept ULMWP’s application to become a full member because it claims that this goes against the MSG’s founding principles and charter.

During the meeting this week, Indonesian delegates walked out on occasions when ULMWP representatives made their intervention.

Some West Papua campaigners say these actions showed that Indonesia did not understand “the Melanesian way”.

“You just don’t walk out of a sacred meeting haus when you’re invited to be part of it,” one observer said.

However, Mansury said Indonesia hoped to “continue to increase, enhance and strengthen future collaboration between Indonesia and all of the Melanesian countries”.

“We are actually brothers and sisters of Melanesia and we hope we can continue to strengthen the bond together,” he said.

Australia and China attended as special guests at the invitation of the Vanuatu government.

China supported the Vanuatu government to host the meeting.

This article is republished under a community partnership agreement with RNZ.


This content originally appeared on Asia Pacific Report and was authored by APR editor.

]]>
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MSG leaders defer Papua membership decision to Pacific Islands Forum https://www.radiofree.org/2023/08/25/msg-leaders-defer-papua-membership-decision-to-pacific-islands-forum-3/ https://www.radiofree.org/2023/08/25/msg-leaders-defer-papua-membership-decision-to-pacific-islands-forum-3/#respond Fri, 25 Aug 2023 08:16:01 +0000 https://asiapacificreport.nz/?p=92278 By Kelvin Anthony, RNZ Pacific journalist in Port Vila

The leaders of five Melanesian countries and territories avoided a definitive update on the status of the United Liberation Movement of West Papua’s application for full membership in the Melanesian Spearhead Group in Port Vila.

However, the 22nd MSG Leaders’ Summit was hailed as the “most memorable and successful” by Vanuatu’s prime minister as leaders signed off on two new declarations in their efforts to make the subregion more influential.

As well as the hosts, the meeting was attended by Fiji, Papua New Guinea, Solomon Islands and the pro-independence FLNKS (Kanak and Socialist National Liberation Front) of New Caledonia.

But the meeting had an anticlimactic ending after the leaders failed to release the details about the final outcomes or speak to news media.

The first agreement that was endorsed is the Udaune Declaration on Climate Change to address the climate crisis and “urging countries not to discharge potentially harmful treated nuclear contaminated water into the Pacific Ocean”.

“Unless the water treated is incontrovertibly proven, by independent scientists, to be safe to do and seriously consider other options,” Vanuatu Prime Minister Alatoi Ishmael Kalsakau said at the event’s farewell dinner last night.

The leaders also signed off on the Efate Declaration on Mutual Respect, Cooperation and Amity to advance security initiatives and needs of the Melanesian countries.

This document aims to “address the national security needs in the MSG region through the Pacific Way, kipung, tok stori, talanoa and storian, and bonded by shared values and adherence to the Melanesian vuvale, cultures and traditions,” Kalsakau said.

He said the leaders “took complex issues such as climate change, denuclearisation, and human rights and applied collective wisdom” to address the issues that were on the table.


Stefan Armbruster reporting from Port Vila.  Video: SBS World News

No update on West Papua
The issue of full membership for the United Liberation Movement of West Papua (ULMWP)  was a big ticket item on the agenda at the meeting in Port Vila, according to MSG chair Kalsakau.

However, there was no update provided on it and the leaders avoided fronting up to the media except for photo opportunities.

Benny Wenda at the 22 Melanesian Spearhead Group Leaders' Summit in Port Vila. 22 August 2023
Benny Wenda at the 22nd Melanesian Spearhead Group Leaders’ Summit in Port Vila . . . “I don’t know the outcome. Maybe this evening the leaders will announce [it].” Image: RNZ Pacific/Kelvin Anthony

ULMWP leader Benny Wenda (above) told RNZ Pacific late on Thursday he was still not aware of the result of their membership application but that he was “confident” about it.

“I don’t know the outcome. Maybe this evening the leaders will announce at the reception,” Wenda said.

“From the beginning I have been confident that this is the time for the leaders to give us full membership so we can engage with Indonesia.”

According to the MSG Secretariat the final communique is now expected to be released on Friday.

Referred to Pacific Islands Forum
However, it is likely that the West Papua issue will be referred to the Pacific Islands Forum to be dealt with.

Papua New Guinea Prime Minister James Marape said after the signing: “on the issues that was raised in regards to West Papua…these matters to be handled at [Pacific Islands Forum]”.

“The leaders from the Pacific will also visit Jakarta and Paris” to raise issues about sovereignty and human rights,” he said.

Kalsakau said he looked forward to progressing the implementaiton of important issue recommendations from the 22nd MSG Leaders’ Summit which also include “supporting the 2019 call by the Forum Leaders for a visit by the OHCHR to West Papua”.

MSG leaders drink kava in Port Vila
MSG leaders drink kava to mark the end of the meeting and the signing two declarations. Image: RNZ Pacific/Kelvin Anthony

Indonesia ‘proud’
Indonesia’s Vice-Minister for Foreign Affairs, Pahala Mansury, said Indonesia was proud to be part of the Melanesian family.

Indonesia is an associate member of MSG and has said it does not accept ULMWP’s application to become a full member because it claims that this goes against the MSG’s founding principles and charter.

During the meeting this week, Indonesian delegates walked out on occasions when ULMWP representatives made their intervention.

Some West Papua campaigners say these actions showed that Indonesia did not understand “the Melanesian way”.

“You just don’t walk out of a sacred meeting haus when you’re invited to be part of it,” one observer said.

However, Mansury said Indonesia hoped to “continue to increase, enhance and strengthen future collaboration between Indonesia and all of the Melanesian countries”.

“We are actually brothers and sisters of Melanesia and we hope we can continue to strengthen the bond together,” he said.

Australia and China attended as special guests at the invitation of the Vanuatu government.

China supported the Vanuatu government to host the meeting.

This article is republished under a community partnership agreement with RNZ.


This content originally appeared on Asia Pacific Report and was authored by APR editor.

]]>
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Federal Court Vacates Forest Service Decision and Halts Massive Yellowstone Ecosystem Logging Project https://www.radiofree.org/2023/08/24/federal-court-vacates-forest-service-decision-and-halts-massive-yellowstone-ecosystem-logging-project/ https://www.radiofree.org/2023/08/24/federal-court-vacates-forest-service-decision-and-halts-massive-yellowstone-ecosystem-logging-project/#respond Thu, 24 Aug 2023 04:10:58 +0000 https://www.counterpunch.org/?p=292487

Beartooth Range. Photo: Jeffrey St. Clair.

It’s absolutely one of the worst places in the country for clearcuts. So we’re thrilled that the Court agreed with us and halted the logging project. But going even further, the Court’s Order vacated the Forest Service’s approval of this logging and road-building project that would have clearcut federally-designated lynx Critical Habitat in the Beartooth Mountains, which are part of the Greater Yellowstone Ecosystem just west of Red Lodge, Montana and north of Yellowstone National Park.

We first sued to stop the Greater Red Lodge logging project in July 2015 and the Forest Service withdrew the decision authorizing the logging in November 2016 after a federal district court granted our request for an injunction. The Court found the Forest Service had violated the law by not consulting with the Fish and Wildlife Service on the potential impacts to federally-designated lynx Critical Habitat. But then the Forest Service plowed on and signed a new decision, so we challenged it in court again in July 2021.

The Forest Service wanted to sacrifice lynx, grizzly bear, and elk habitat to subsidize the timber industry at a cost of $588,000 federal taxpayer dollars. We tried to work with the Forest Service on this, but the agency stubbornly refused to acknowledge the best available science or the law and instead arbitrarily side-stepped the public, changed definitions, and tried to remap federally-designated lynx habitat to get around legally-mandated habitat protection requirements.

The Greater Red Lodge Timber Sale is in the Custer-Gallatin National Forest, directly adjacent to the Absaroka-Beartooth Wilderness Area and two designated Inventoried Roadless Areas: Burnt Montana and Red Lodge Creek-Hellroaring. As proposed, the project would have built and rebuilt 19 miles of logging roads – some of which are currently trails — to commercially log 1,051 acres over a period of five to ten years. The project also included clearcutting over 500 acres of mature forests in federally-designated lynx critical habitat and grizzly bear habitat despite both species being listed as “threatened” under the Endangered Species Act.

We wish the Forest Service would have listened to our comments when we told them that it was against the law to eliminate lynx critical habitat without taking public comment. Simply put, lynx do not survive in areas with massive clearcutting – we can’t have both huge clearcuts and lynx. The Forest Service knows this – and to the agency’s shame, it illegally tried to hide it from the public. But the court put a stop to it.

The Forest Service contended the areas the agency wants to log are no longer lynx habitat. But it did this without explaining to the public why this would be the case – and then refused to take public comment on this issue as required by the National Environmental Policy Act.

The whole purpose of the Endangered Species Act is to maintain and restore threatened and endangered species and the ecosystems upon which they depend so the species don’t go extinct. Therefore the Forest Service had a big problem with their proposal for clearcutting, since clearcuts completely destroy lynx habitat. Yet, even though the existing maps clearly identified the project area as lynx habitat and fully meets the legal definition of lynx habitat, the agency tried to pull a fast one by arbitrarily trying to drop the ‘lynx habitat’ designation from the maps.

The harsh reality, undeniably proven by all the best available science, is that more logging leads to less lynx. Almost all areas where there has been more logging have seen lynx decline as logging increased. It is time to say no to more road building and clearcuts and get on with the important work of protecting habitat to actually recover the lynx as required by the Endangered Species Act.

The fight is not over, please consider helping us protect habitat for native species in the Greater Yellowstone Ecosystem.


This content originally appeared on CounterPunch.org and was authored by Mike Garrity.

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Alabama Trans Health Care Ruling is a Worrying Omen for a Future SCOTUS Decision https://www.radiofree.org/2023/08/22/alabama-trans-health-care-ruling-is-a-worrying-omen-for-a-future-scotus-decision/ https://www.radiofree.org/2023/08/22/alabama-trans-health-care-ruling-is-a-worrying-omen-for-a-future-scotus-decision/#respond Tue, 22 Aug 2023 19:57:39 +0000 https://theintercept.com/?p=442186
FILE - A person holds up a sign reading, "Trans People Belong in Alabama," during a rally outside the Alabama Statehouse in Montgomery, Ala., on International Transgender Day of Visibility, Friday, March 31, 2023. On Monday, Aug. 21, 2023, a federal appeals court ruled that Alabama can enforce a ban outlawing the use of puberty blockers and hormones to treat transgender children, the second such appellate victory for gender-affirming care restrictions that have been adopted by a growing number of Republican-led states. (AP Photo/Kim Chandler, File)

A person holds up a sign reading “Trans People Belong in Alabama” during a rally outside the Statehouse in Montgomery, Ala., on International Transgender Day of Visibility on March 31, 2023.

Photo: Kim Chandler/AP

Three Trump-appointed federal judges ruled on Monday to allow one of the country’s harshest bans on gender-affirming care for minors to go into effect. In Alabama, a doctor who treats a trans person under 19 years old with puberty blockers or hormones could now face felony charges carrying up to 10 years in prison.

The 11th U.S. Circuit Court of Appeals decision reverses an injunction that temporarily blocked the health care ban and stands at odds with the majority of federal court decisions on the issue so far. The disturbing ruling gives the clearest outline yet of the reactionary judicial logic that could be used to decimate trans peoples’ right to necessary health care, should the issue be taken up by the far-right Supreme Court: the very same reasoning used to end the right to abortion.

Just as SCOTUS ruled in Dobbs v. Jackson that abortion was not constitutionally protected because it was not “deeply rooted in this Nation’s history and tradition,” the 11th Circuit stated that parents do not have a fundamental right to direct the transition-related medical care of their children.

“The use of these medications in general — let alone for children — almost certainly is not ‘deeply rooted’ in our nation’s history and tradition,” Judge Barbara Lagoa wrote, citing the Dobbs decision.

“Although there are records of transgender or otherwise gender nonconforming individuals from various points in history,” noted the ruling, “the earliest-recorded uses of puberty blocking medication and cross-sex hormone treatment for the purposes of treating the discordance between an individual’s biological sex and sense of gender identity did not occur until well into the twentieth century.”

That is, trans youths have no right to the medicine they need because that medicine is not hundreds of years old. The decision also implies that the same logic could also be used to find bans on adult trans health care unconstitutional.

To demand that unenumerated rights be “deeply rooted” in U.S. “history and tradition” is, after all, to insist that only the rights of propertied white men are recognized as fundamental.

The deployment of Dobbs to deny established civil rights comes as no surprise. When Supreme Court Justice Samuel Alito’s draft decision overturning Roe v. Wade leaked, it was clear that the “history and tradition” standard would be invoked again to hack away at an array of rights and legal precedents hard won in the last century.

To demand that unenumerated rights be “deeply rooted” in U.S. “history and tradition” is, after all, to insist that only the rights of propertied white men are recognized as fundamental — as Alito and his Christo-nationalist allies well know. The AR-15 assault weapon was only invented “well into the twentieth century” too, but we can be sure that such an argument from history would do little to aid gun control advocates in court. Too much is at stake in our collective struggle for bodily autonomy to entertain the fantasy that pointing out right-wing hypocrisy undermines right-wing rule.

When the first trans youth health care bans were heard by federal courts this past year, it was heartening that judges in state after state saw the bans for what they are — at odds with scientific consensus, ideologically driven, discriminatory, and likely unconstitutional — and blocked them. Even in some notoriously conservative courts, federal judges from Florida to Kentucky to Arkansas agreed that arguments treating youth gender-affirming care as untested and dangerous are simply not based in fact. Only one other federal court, the 6th Circuit, has reversed an injunction and permitted a ban on trans youth health care to go through, in Tennessee.

With the circuits split on the issue, it is ever more likely that a case will soon go before the Supreme Court. The 11th Circuit ruling gives a chilling taste of what a SCOTUS decision could look like: poorly argued and drenched in the sort of authoritarian dogma that the nation’s highest court is known to embrace.

Join The Conversation


This content originally appeared on The Intercept and was authored by Natasha Lennard.

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UltraViolet Responds to 5th Circuit Court of Appeals Decision Restricting Mifepristone Access https://www.radiofree.org/2023/08/16/ultraviolet-responds-to-5th-circuit-court-of-appeals-decision-restricting-mifepristone-access/ https://www.radiofree.org/2023/08/16/ultraviolet-responds-to-5th-circuit-court-of-appeals-decision-restricting-mifepristone-access/#respond Wed, 16 Aug 2023 21:18:10 +0000 https://www.commondreams.org/newswire/ultraviolet-responds-to-5th-circuit-court-of-appeals-decision-restricting-mifepristone-access

In addition to the lobbying group's leadership, the letter is addressed to executives of other chambers of commerce; the trade association Pharmaceutical Research and Manufacturers of America (PhRMA); and the drug firms Merck & Co., Bristol Myers Squibb Company, Janssen Pharmaceuticals, and Astellas Pharma U.S.

"For top-selling drugs worldwide, drug corporations consistently make more money from U.S. sales than the rest of the world combined," the letter explains. "Drug corporations' prices for Medicare Part D even outstrip those paid by other government health programs, like Medicaid and the Department of Veterans Affairs."

"Aging Americans and people with disabilities and chronic health conditions bear the brunt of these excessive prices," the letter adds. "No one should have to go into debt, go without lifesaving medicines or choose between prescriptions and other basic needs like groceries and rent. Yet millions across this nation do."

The coalition celebrated that the IRA enacted "enormously popular" reforms—such as empowering Medicare to negotiate lower prices with pharmaceutical companies—which "are projected to save patients and consumers tens of billions of dollars and expand access while ensuring innovation and drug corporations' ability to achieve enormous financial success."

"We stand with patients across the country whose lives and well-being depend on access to affordable prescription drugs," the groups declared. "We will not relinquish these commonsense reforms while high drug prices remain a matter of life and death for so many Americans."

The signatories include American Economic Liberties Project, Be a Hero, Center for Popular Democracy, Doctors for America, Families USA, Health Care for America Now Education Fund, Interfaith Center on Corporate Responsibility, MomsRising, Our Revolution, Patients for Affordable Drugs, People's Action, Physicians for a National Health Program, Protect Our Care, Public Citizen, and Social Security Works.

"Pharmaceutical corporations have long shown that they care about nothing but profits. So it is not surprising that they are attempting to use the courts to subvert the will of the people and block Medicare from using its bulk purchasing power to get better prices," Alex Lawson, executive director of Social Security Works, said in a statement.

Still, campaigners forcefully called out the industry. Be a Hero co-executive director Ady Barkan charged that "Big Pharma's insatiable appetite for profit above all else is shameful," while Protect Our Care chair Leslie Dach said that "drug companies' greed knows no bounds" and stressed that "Americans are cutting pills and skipping doses" to save money.

Others also took aim at industry allies, with Public Citizen president Robert Weissman saying that "it's a disgrace that the U.S. Chamber of Commerce is fronting for Big Pharma against the interests of the mom-and-pop businesses it purports to represent."

The U.S. Department of Health and Human Services is supposed to designate up to 10 single-source drugs used in the Medicare Part D prescription program for the first round of negotiations, set to start October 1 and continue through next August.

However, that process could be delayed by federal cases—including one in Ohio involving multiple chambers of commerce. Earlier this week, Doctors for America, Families USA, Patients for Affordable Drugs Now, Protect Our Care, and Public Citizen filed an amicus brief in opposing a preliminary injunction motion in that case.

"It's clear where big drug companies and the Chamber of Commerce stand: profits over millions of older adults and people with disabilities who can't afford their prescription drugs," Yael Lehman, senior director of strategic partnerships at Families USA, said Wednesday.

"But we know families themselves feel differently—the reforms they are trying to tear away from millions of people who rely on Medicare for their health are extremely popular across all political and ideological spectrums," Lehman continued. "They need to drop their egregious lawsuit and stop making money from price gouging families' access to health and healthcare."

That sweeping support for the IRA drug pricing reforms is motivating action on the ground, as Analilia Mejia and DaMareo Cooper, co-executive directors of the Center for Popular Democracy, highlighted.

"Our affiliates Make the Road NY, SPACES in Action, Texas Organizing Project, and Arkansas Community Organizations are rallying Wednesday to put our people over profits," they said. "We fought for years to get Medicare the power to negotiate lower drug prices—which we did through the Inflation Reduction Act—and we're going to keep fighting until healthcare is a human right in America."

Mark Hannay of Metro New York Health Care for All and Health Care for America Now's New York State Network said that "New Yorkers are fed up with being ripped off by drug corporations, and strongly support Medicare's new drug price negotiation program created as part of the Inflation Reduction Act."

"We call on these corporations to recognize political reality that their decadeslong profiteering off patients across the U.S. is over, and it's now time to come to the table and negotiate lower prices," Hannay added. "They'll still make plenty of profits regardless, just as they do in other countries with national health programs."


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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EPA Withdraws Decision on Toxic Fungicide Difenoconazole https://www.radiofree.org/2023/07/17/epa-withdraws-decision-on-toxic-fungicide-difenoconazole/ https://www.radiofree.org/2023/07/17/epa-withdraws-decision-on-toxic-fungicide-difenoconazole/#respond Mon, 17 Jul 2023 14:02:34 +0000 https://www.commondreams.org/newswire/epa-withdraws-decision-on-toxic-fungicide-difenoconazole

Meteo.it, Italy's weather news service, said Sunday that the country must "prepare for a severe heat storm that, day after day, will blanket the whole country."

"In some places," the service added, "ancient heat records will be broken."

The fastest-warming continent on the planet, Europe has been facing scorching heat over the past several weeks as scientists warn that the fossil fuel-driven climate crisis is making such heatwaves more likely and increasingly intense. Last summer was Europe's hottest season on record, and extreme heat killed more than 61,000 people on the continent between late May to early September of 2022.

But the current heatwave appears on track to be even more severe than last summer's.

As CNNreported Sunday, "Climate scientists at the European Space Agency (ESA) say temperatures could reach 48°C (118.4°F) on the islands of Sicily and Sardinia, 'potentially the hottest temperatures ever recorded in Europe.'"

"The ESA warned that Europe's heat wave has only just begun with Spain, France, Germany, and Poland expected to see extreme weather, just as the continent welcomes what is expected to be a record-breaking number of tourists coming for the first time since the Covid-19 pandemic," the outlet added.

Giulio Betti, an Italian meteorologist and climate expert, told the BBC that "temperatures will reach a peak between 19 and 23 July—not only in Italy but also in Greece, Turkey, and the Balkans."

"Several local heat records within these areas may well be broken during those days," Betti added.

Europe's intensifying heatwave comes in the context of globally high temperatures fueled by El Niño conditions—which the climate crisis has likely made worse and more frequent.

Large swaths of the U.S., Asia, and Africa have experienced sweltering temperatures and other extreme weather—including deadly flooding—in recent weeks, heightening the urgency of coordinated climate action at the upcoming COP28 conference in the United Arab Emirates.

"It was probably the Earth's hottest week in history earlier this month, following the warmest June on record, and top scientists agree that the planet will get even hotter unless we phase out fossil fuels," The Guardian's Dharna Noor wrote Sunday. "Yet leading energy companies are intent on pushing the world in the opposite direction, expanding fossil fuel production and insisting that there is no alternative. It is evidence that they are motivated not by record warming, but by record profits, experts say."

In February, after reporting a record-shattering $28 billion in 2022 profits, the London-based oil giant BP announced that it was walking back its emission-reduction goals and planning to produce more fossil fuels than expected.

Shell, which posted $40 billion in profits last year, followed suit last month, ditching its plans to reduce oil production by up to 2% per year.

In a New Yorkercolumn on Sunday, author and climate advocate Bill McKibben noted that the BBC aired an interview with Shell CEO Wael Sawan on July 6, the day scientists believe may have been the hottest on record.

During the interview, Sawan claimed that cutting oil and gas production would be "dangerous and irresponsible," drawing swift backlash.

McKibben noted that Sawan "told the BBC that, while there are not currently any plans, Shell wouldn't rule out moving its headquarters from the United Kingdom to the United States, where oil companies get higher market prices for their shares."

"This suggested to him that the U.S. is more supportive of oil and gas companies, and, as he has told investors, he wants to 'reward our shareholders today and far into the future,'" McKibben added. "That is pretty much the definition of 'business as usual,' and it's precisely what has generated this completely unprecedented heat. If the disasters we're seeing this month aren't enough to shake us out of that torpor, then the chances of our persevering for another hundred and twenty-five thousand years seem remote."


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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UltraViolet Applauds DOJ’s Decision Not to Continue Defending Donald Trump From E. Jean Carroll Defamation Lawsuit https://www.radiofree.org/2023/07/12/ultraviolet-applauds-dojs-decision-not-to-continue-defending-donald-trump-from-e-jean-carroll-defamation-lawsuit/ https://www.radiofree.org/2023/07/12/ultraviolet-applauds-dojs-decision-not-to-continue-defending-donald-trump-from-e-jean-carroll-defamation-lawsuit/#respond Wed, 12 Jul 2023 20:55:30 +0000 https://www.commondreams.org/newswire/ultraviolet-applauds-dojs-decision-not-to-continue-defending-donald-trump-from-e-jean-carroll-defamation-lawsuit According to reports, the United States Department of Justice will not shield Donald Trump, who is being sued for defamation by writer E. Jean Carroll, reversing a controversial decision to defend the former President in 2021.

In reaction to the decision, Nicole Regalado, Vice President of Campaigns at UltraViolet, a leading national gender-justice organization, issued the following statement:

“The Justice Department made the right choice by reversing its earlier decision to shield Donald Trump from E. Jean Carroll’s defamation lawsuit. Defending a convicted sexual abuser was a waste of the Justice Department’s precious time, money, and resources.

“After becoming President in 2016, Donald Trump used the Department of Justice as his own law firm – hiding behind federal protections and shielding himself from accountability under criminal law. Trump deserves to face the consequences of his actions in Court without hiding behind federal government attorneys.

“Slandering survivors of sexual abuse should never be considered a legitimate function of federal office holders. That’s why the Justice Department’s decision to reverse course and stop defending Trump is a victory E. Jean Carroll and all survivors who seek legal redress against their abusers.”

In 2021, members of UltraViolet criticized Attorney General Merrick Garland and the Department of Justice for shielding Trump from Carroll’s defamation lawsuit. The group also sent a joint letter to President Biden denouncing and launched a petition urging the Department of Justice not to defend Trump, which garnered over 30,000 signatures.

VIEW THE PETITION HERE: https://act.weareultraviolet.org/sign/DOJ_Trump/

UltraViolet has expressed its unwavering support for E. Jean Carroll since she filed suit against Trump since 2019.


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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CODEPINK Condemns Biden’s Decision to Send Cluster Bombs to Ukraine https://www.radiofree.org/2023/07/07/codepink-condemns-bidens-decision-to-send-cluster-bombs-to-ukraine/ https://www.radiofree.org/2023/07/07/codepink-condemns-bidens-decision-to-send-cluster-bombs-to-ukraine/#respond Fri, 07 Jul 2023 15:11:37 +0000 https://www.commondreams.org/newswire/codepink-condemns-bidens-decision-to-send-cluster-bombs-to-ukraine

In recent days, an adviser to Russia's nuclear agency has claimed Ukraine will imminently cause a nuclear disaster at the ZNPP while Ukrainian President Volodymyr Zelenskyy has warned of a potential false flag operation, claiming that "the Russian military has placed objects resembling explosives on the roof of several power units."

While International Atomic Energy Agency (IAEA) experts at the facility have so far not observed any visible indications of mines or explosives, the new accusations led the United Nations watchdog on Wednesday to request additional access—specifically to the rooftops of two reactors along with parts of the turbine halls and cooling system.

"With military tension and activities increasing in the region where this major nuclear power plant is located, our experts must be able to verify the facts on the ground," said IAEA Director General Rafael Mariano Grossi. "Their independent and objective reporting would help clarify the current situation at the site, which is crucial at a time like this with unconfirmed allegations and counterallegations."

"In a time of national crises in multiple countries, increasing natural disasters, and a worsening climate emergency, nuclear power is demonstrating that it is a liability rather than an asset."

The U.S.-based group Beyond Nuclear noted in a lengthy statement Thursday that "Zaporizhzhia is in the news now almost every day. The propaganda may be deliberately alarmist, but the basis for the alarm is very real or it would not be the subject matter for headline-getting in the first place."

"The reason is simple. Nuclear power is the most dangerous way to boil water. It is unnecessary, expensive, and an obstacle to renewable energy development," the group argued. "It is time to see sense. Calling for a no-fire zone around Zaporizhzhia is not enough. We must call for no nuclear power at all."

Highlighting that Russia's invasion of Ukraine is far from the only threat to the world's nuclear facilities, the group added that "in a time of national crises in multiple countries, increasing natural disasters, and a worsening climate emergency, nuclear power is demonstrating that it is a liability rather than an asset."

Beyond Nuclear also weighed in on the intense debate among activists, Ukrainian and Russian officials, reporters, scientists, and others regarding the dangers of a nuclear disaster at the ZNPP, offering a list of unanswered questions:

  • Has the Zaporizhzhia nuclear plant in fact been wired for detonation and whose interests would be served by blowing up the plant?
  • Why is there an exodus of both Russian and Ukrainian plant personnel?
  • Will the sabotage of the downstream Kakhovka dam that resulted in catastrophic flooding also lead to an equally catastrophic loss of available cooling water supplies for the reactors and fuel pools?
  • Will the backup diesel generators, frequently turned to for powering the essential cooling each time the plant has lost connection to the electricity grid, last through each crisis, given their fuel must also be replenished, potentially not possible under war conditions?

"None of these threats would make headlines if Zaporizhzhia was instead home to a wind farm or utility-scale solar array," asserted Beyond Nuclear. "This perhaps explains the rush now to downplay the gravity of the situation, with claims in the press that a major attack on the plant would 'not be as bad as Chernobyl' and that radioactive releases would be minimal and barely travel beyond the fence line. This is an irresponsible dismissal of the real dangers."

As the group detailed:

After the massive explosion at Chernobyl, the graphite moderator used in the reactor fueled the fire, with the smoke further lofting radioactive fallout far and wide. This has led to an assumption that major fires and explosions at Zaporizhzhia would result in less serious consequences since the reactor designs are not the same as Chernobyl's.

However, if the uranium fuel in the Zaporizhzhia reactors or irradiated fuel storage pools overheats and ignites, it could then heat up the zirconium cladding around it, which would ignite and burn fiercely as a flare at temperatures too hot to extinguish with water. The resulting chemical reaction would also generate an explosive environment. The heat of the release and detonation(s) could breach concrete structures, then loft radioactive gas and fallout into the environment to travel on the weather.

Fallout could contaminate crucial agricultural land, potentially indefinitely, and would include Russia, should prevailing winds travel eastward at the time of the disaster.

Some have suggested that an attack on the plant would not seriously threaten surrounding communities. The American Nuclear Society, for example, said Wednesday that "our experts have carefully considered 'worst-case scenarios,' including bombardment and deliberate sabotage of the reactors and spent fuel storage canisters. They cannot foresee a situation that would result in radiation-related health consequences to the public."

"ZNPP's six reactors have been shut down for over 10 months and are no longer making enough heat to cause a prompt radiological release," the society said. "ZNPP is designed to withstand natural and manmade hazards. Thick, steel-reinforced concrete containment buildings protect the reactor cores and are designed to keep any radioactive materials isolated from the environment."

"In the unlikely event that containment structures were breached, any potential release of radiological material would be restricted to the immediate area surrounding the reactors. In this regard, any comparison between ZNPP and 'Chernobyl' or 'Fukushima' is both inaccurate and misleading," the group added, referencing the 2011 disaster in Japan.

Matthew Bunn, the James R. Schlesinger professor of the practice of energy, national security, and foreign policy at Harvard Kennedy School, made the case at the Bulletin of the Atomic Scientists on Thursday that the biggest danger regarding the ZNPP is intentional sabotage.

"How serious is the risk of a major radioactive disaster?" Bunn wrote. "That depends on whether we're talking about an intentional or inadvertent radioactive release. If the Russian forces that control the site want to cause a major radiation release—and are willing to use explosives to do it—they could contaminate a huge area. Although the reactors have been largely shut down and cooling for months, they still contain a huge amount of intensely radioactive material that explosives could disperse."

He continued:

A couple of mines on the roof of a reactor would not be enough. Causing a big release would require some serious demolition with explosives. But that's what was needed to destroy Ukraine's Kakhovka dam—which it appears was done with explosives from within, while Russian forces controlled the site—so a similar operation at Zaporizhzhia can't be ruled out.

No one can accurately evaluate how big an area might be affected; the extent of contamination would depend on how the disaster was caused, how hard the wind was blowing, whether rain brought the radioactive material back to the ground, and more. But one could easily imagine that Russia might hope that such a release would interfere with Ukraine's counteroffensive, forcing some units to focus on evacuating people and cleaning up radioactive fallout rather than battling Russian forces.

By contrast, looking only at inadvertent damage, there are reasons to be optimistic. The Zaporizhzhia reactors are built with thick concrete containment structures, have been cooling for months, and have extra safety features installed after the Fukushima accident in Japan. It is very unlikely that a few stray shells from fighting in the area would cause any serious radioactive release.

Bunn concluded that "over the longer term, there's a need to rethink nuclear safety and security in the context of the possibility that nuclear facilities can be exposed to war, mass civil unrest, or governmental collapse. And there's a need for new agreements to reduce the chance that major civilian nuclear facilities under international inspection will again be targets of military assault."

Meanwhile, Beyond Nuclear charged that "if Zaporizhzhia comes to harm, each side in the conflict will likely hold the other responsible. But ultimately, the responsibility we all share is to reject the continued use of a technology that has the potential to wreak such disastrous consequences on humanity."


This content originally appeared on Common Dreams and was authored by Newswire Editor.

]]>
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CODEPINK Condemns Biden’s Decision to Send Cluster Bombs to Ukraine https://www.radiofree.org/2023/07/07/codepink-condemns-bidens-decision-to-send-cluster-bombs-to-ukraine-2/ https://www.radiofree.org/2023/07/07/codepink-condemns-bidens-decision-to-send-cluster-bombs-to-ukraine-2/#respond Fri, 07 Jul 2023 15:11:37 +0000 https://www.commondreams.org/newswire/codepink-condemns-bidens-decision-to-send-cluster-bombs-to-ukraine

In recent days, an adviser to Russia's nuclear agency has claimed Ukraine will imminently cause a nuclear disaster at the ZNPP while Ukrainian President Volodymyr Zelenskyy has warned of a potential false flag operation, claiming that "the Russian military has placed objects resembling explosives on the roof of several power units."

While International Atomic Energy Agency (IAEA) experts at the facility have so far not observed any visible indications of mines or explosives, the new accusations led the United Nations watchdog on Wednesday to request additional access—specifically to the rooftops of two reactors along with parts of the turbine halls and cooling system.

"With military tension and activities increasing in the region where this major nuclear power plant is located, our experts must be able to verify the facts on the ground," said IAEA Director General Rafael Mariano Grossi. "Their independent and objective reporting would help clarify the current situation at the site, which is crucial at a time like this with unconfirmed allegations and counterallegations."

"In a time of national crises in multiple countries, increasing natural disasters, and a worsening climate emergency, nuclear power is demonstrating that it is a liability rather than an asset."

The U.S.-based group Beyond Nuclear noted in a lengthy statement Thursday that "Zaporizhzhia is in the news now almost every day. The propaganda may be deliberately alarmist, but the basis for the alarm is very real or it would not be the subject matter for headline-getting in the first place."

"The reason is simple. Nuclear power is the most dangerous way to boil water. It is unnecessary, expensive, and an obstacle to renewable energy development," the group argued. "It is time to see sense. Calling for a no-fire zone around Zaporizhzhia is not enough. We must call for no nuclear power at all."

Highlighting that Russia's invasion of Ukraine is far from the only threat to the world's nuclear facilities, the group added that "in a time of national crises in multiple countries, increasing natural disasters, and a worsening climate emergency, nuclear power is demonstrating that it is a liability rather than an asset."

Beyond Nuclear also weighed in on the intense debate among activists, Ukrainian and Russian officials, reporters, scientists, and others regarding the dangers of a nuclear disaster at the ZNPP, offering a list of unanswered questions:

  • Has the Zaporizhzhia nuclear plant in fact been wired for detonation and whose interests would be served by blowing up the plant?
  • Why is there an exodus of both Russian and Ukrainian plant personnel?
  • Will the sabotage of the downstream Kakhovka dam that resulted in catastrophic flooding also lead to an equally catastrophic loss of available cooling water supplies for the reactors and fuel pools?
  • Will the backup diesel generators, frequently turned to for powering the essential cooling each time the plant has lost connection to the electricity grid, last through each crisis, given their fuel must also be replenished, potentially not possible under war conditions?

"None of these threats would make headlines if Zaporizhzhia was instead home to a wind farm or utility-scale solar array," asserted Beyond Nuclear. "This perhaps explains the rush now to downplay the gravity of the situation, with claims in the press that a major attack on the plant would 'not be as bad as Chernobyl' and that radioactive releases would be minimal and barely travel beyond the fence line. This is an irresponsible dismissal of the real dangers."

As the group detailed:

After the massive explosion at Chernobyl, the graphite moderator used in the reactor fueled the fire, with the smoke further lofting radioactive fallout far and wide. This has led to an assumption that major fires and explosions at Zaporizhzhia would result in less serious consequences since the reactor designs are not the same as Chernobyl's.

However, if the uranium fuel in the Zaporizhzhia reactors or irradiated fuel storage pools overheats and ignites, it could then heat up the zirconium cladding around it, which would ignite and burn fiercely as a flare at temperatures too hot to extinguish with water. The resulting chemical reaction would also generate an explosive environment. The heat of the release and detonation(s) could breach concrete structures, then loft radioactive gas and fallout into the environment to travel on the weather.

Fallout could contaminate crucial agricultural land, potentially indefinitely, and would include Russia, should prevailing winds travel eastward at the time of the disaster.

Some have suggested that an attack on the plant would not seriously threaten surrounding communities. The American Nuclear Society, for example, said Wednesday that "our experts have carefully considered 'worst-case scenarios,' including bombardment and deliberate sabotage of the reactors and spent fuel storage canisters. They cannot foresee a situation that would result in radiation-related health consequences to the public."

"ZNPP's six reactors have been shut down for over 10 months and are no longer making enough heat to cause a prompt radiological release," the society said. "ZNPP is designed to withstand natural and manmade hazards. Thick, steel-reinforced concrete containment buildings protect the reactor cores and are designed to keep any radioactive materials isolated from the environment."

"In the unlikely event that containment structures were breached, any potential release of radiological material would be restricted to the immediate area surrounding the reactors. In this regard, any comparison between ZNPP and 'Chernobyl' or 'Fukushima' is both inaccurate and misleading," the group added, referencing the 2011 disaster in Japan.

Matthew Bunn, the James R. Schlesinger professor of the practice of energy, national security, and foreign policy at Harvard Kennedy School, made the case at the Bulletin of the Atomic Scientists on Thursday that the biggest danger regarding the ZNPP is intentional sabotage.

"How serious is the risk of a major radioactive disaster?" Bunn wrote. "That depends on whether we're talking about an intentional or inadvertent radioactive release. If the Russian forces that control the site want to cause a major radiation release—and are willing to use explosives to do it—they could contaminate a huge area. Although the reactors have been largely shut down and cooling for months, they still contain a huge amount of intensely radioactive material that explosives could disperse."

He continued:

A couple of mines on the roof of a reactor would not be enough. Causing a big release would require some serious demolition with explosives. But that's what was needed to destroy Ukraine's Kakhovka dam—which it appears was done with explosives from within, while Russian forces controlled the site—so a similar operation at Zaporizhzhia can't be ruled out.

No one can accurately evaluate how big an area might be affected; the extent of contamination would depend on how the disaster was caused, how hard the wind was blowing, whether rain brought the radioactive material back to the ground, and more. But one could easily imagine that Russia might hope that such a release would interfere with Ukraine's counteroffensive, forcing some units to focus on evacuating people and cleaning up radioactive fallout rather than battling Russian forces.

By contrast, looking only at inadvertent damage, there are reasons to be optimistic. The Zaporizhzhia reactors are built with thick concrete containment structures, have been cooling for months, and have extra safety features installed after the Fukushima accident in Japan. It is very unlikely that a few stray shells from fighting in the area would cause any serious radioactive release.

Bunn concluded that "over the longer term, there's a need to rethink nuclear safety and security in the context of the possibility that nuclear facilities can be exposed to war, mass civil unrest, or governmental collapse. And there's a need for new agreements to reduce the chance that major civilian nuclear facilities under international inspection will again be targets of military assault."

Meanwhile, Beyond Nuclear charged that "if Zaporizhzhia comes to harm, each side in the conflict will likely hold the other responsible. But ultimately, the responsibility we all share is to reject the continued use of a technology that has the potential to wreak such disastrous consequences on humanity."


This content originally appeared on Common Dreams and was authored by Newswire Editor.

]]>
https://www.radiofree.org/2023/07/07/codepink-condemns-bidens-decision-to-send-cluster-bombs-to-ukraine-2/feed/ 0 410176
CODEPINK Condemns Biden’s Decision to Send Cluster Bombs to Ukraine https://www.radiofree.org/2023/07/07/codepink-condemns-bidens-decision-to-send-cluster-bombs-to-ukraine-3/ https://www.radiofree.org/2023/07/07/codepink-condemns-bidens-decision-to-send-cluster-bombs-to-ukraine-3/#respond Fri, 07 Jul 2023 15:11:37 +0000 https://www.commondreams.org/newswire/codepink-condemns-bidens-decision-to-send-cluster-bombs-to-ukraine

In recent days, an adviser to Russia's nuclear agency has claimed Ukraine will imminently cause a nuclear disaster at the ZNPP while Ukrainian President Volodymyr Zelenskyy has warned of a potential false flag operation, claiming that "the Russian military has placed objects resembling explosives on the roof of several power units."

While International Atomic Energy Agency (IAEA) experts at the facility have so far not observed any visible indications of mines or explosives, the new accusations led the United Nations watchdog on Wednesday to request additional access—specifically to the rooftops of two reactors along with parts of the turbine halls and cooling system.

"With military tension and activities increasing in the region where this major nuclear power plant is located, our experts must be able to verify the facts on the ground," said IAEA Director General Rafael Mariano Grossi. "Their independent and objective reporting would help clarify the current situation at the site, which is crucial at a time like this with unconfirmed allegations and counterallegations."

"In a time of national crises in multiple countries, increasing natural disasters, and a worsening climate emergency, nuclear power is demonstrating that it is a liability rather than an asset."

The U.S.-based group Beyond Nuclear noted in a lengthy statement Thursday that "Zaporizhzhia is in the news now almost every day. The propaganda may be deliberately alarmist, but the basis for the alarm is very real or it would not be the subject matter for headline-getting in the first place."

"The reason is simple. Nuclear power is the most dangerous way to boil water. It is unnecessary, expensive, and an obstacle to renewable energy development," the group argued. "It is time to see sense. Calling for a no-fire zone around Zaporizhzhia is not enough. We must call for no nuclear power at all."

Highlighting that Russia's invasion of Ukraine is far from the only threat to the world's nuclear facilities, the group added that "in a time of national crises in multiple countries, increasing natural disasters, and a worsening climate emergency, nuclear power is demonstrating that it is a liability rather than an asset."

Beyond Nuclear also weighed in on the intense debate among activists, Ukrainian and Russian officials, reporters, scientists, and others regarding the dangers of a nuclear disaster at the ZNPP, offering a list of unanswered questions:

  • Has the Zaporizhzhia nuclear plant in fact been wired for detonation and whose interests would be served by blowing up the plant?
  • Why is there an exodus of both Russian and Ukrainian plant personnel?
  • Will the sabotage of the downstream Kakhovka dam that resulted in catastrophic flooding also lead to an equally catastrophic loss of available cooling water supplies for the reactors and fuel pools?
  • Will the backup diesel generators, frequently turned to for powering the essential cooling each time the plant has lost connection to the electricity grid, last through each crisis, given their fuel must also be replenished, potentially not possible under war conditions?

"None of these threats would make headlines if Zaporizhzhia was instead home to a wind farm or utility-scale solar array," asserted Beyond Nuclear. "This perhaps explains the rush now to downplay the gravity of the situation, with claims in the press that a major attack on the plant would 'not be as bad as Chernobyl' and that radioactive releases would be minimal and barely travel beyond the fence line. This is an irresponsible dismissal of the real dangers."

As the group detailed:

After the massive explosion at Chernobyl, the graphite moderator used in the reactor fueled the fire, with the smoke further lofting radioactive fallout far and wide. This has led to an assumption that major fires and explosions at Zaporizhzhia would result in less serious consequences since the reactor designs are not the same as Chernobyl's.

However, if the uranium fuel in the Zaporizhzhia reactors or irradiated fuel storage pools overheats and ignites, it could then heat up the zirconium cladding around it, which would ignite and burn fiercely as a flare at temperatures too hot to extinguish with water. The resulting chemical reaction would also generate an explosive environment. The heat of the release and detonation(s) could breach concrete structures, then loft radioactive gas and fallout into the environment to travel on the weather.

Fallout could contaminate crucial agricultural land, potentially indefinitely, and would include Russia, should prevailing winds travel eastward at the time of the disaster.

Some have suggested that an attack on the plant would not seriously threaten surrounding communities. The American Nuclear Society, for example, said Wednesday that "our experts have carefully considered 'worst-case scenarios,' including bombardment and deliberate sabotage of the reactors and spent fuel storage canisters. They cannot foresee a situation that would result in radiation-related health consequences to the public."

"ZNPP's six reactors have been shut down for over 10 months and are no longer making enough heat to cause a prompt radiological release," the society said. "ZNPP is designed to withstand natural and manmade hazards. Thick, steel-reinforced concrete containment buildings protect the reactor cores and are designed to keep any radioactive materials isolated from the environment."

"In the unlikely event that containment structures were breached, any potential release of radiological material would be restricted to the immediate area surrounding the reactors. In this regard, any comparison between ZNPP and 'Chernobyl' or 'Fukushima' is both inaccurate and misleading," the group added, referencing the 2011 disaster in Japan.

Matthew Bunn, the James R. Schlesinger professor of the practice of energy, national security, and foreign policy at Harvard Kennedy School, made the case at the Bulletin of the Atomic Scientists on Thursday that the biggest danger regarding the ZNPP is intentional sabotage.

"How serious is the risk of a major radioactive disaster?" Bunn wrote. "That depends on whether we're talking about an intentional or inadvertent radioactive release. If the Russian forces that control the site want to cause a major radiation release—and are willing to use explosives to do it—they could contaminate a huge area. Although the reactors have been largely shut down and cooling for months, they still contain a huge amount of intensely radioactive material that explosives could disperse."

He continued:

A couple of mines on the roof of a reactor would not be enough. Causing a big release would require some serious demolition with explosives. But that's what was needed to destroy Ukraine's Kakhovka dam—which it appears was done with explosives from within, while Russian forces controlled the site—so a similar operation at Zaporizhzhia can't be ruled out.

No one can accurately evaluate how big an area might be affected; the extent of contamination would depend on how the disaster was caused, how hard the wind was blowing, whether rain brought the radioactive material back to the ground, and more. But one could easily imagine that Russia might hope that such a release would interfere with Ukraine's counteroffensive, forcing some units to focus on evacuating people and cleaning up radioactive fallout rather than battling Russian forces.

By contrast, looking only at inadvertent damage, there are reasons to be optimistic. The Zaporizhzhia reactors are built with thick concrete containment structures, have been cooling for months, and have extra safety features installed after the Fukushima accident in Japan. It is very unlikely that a few stray shells from fighting in the area would cause any serious radioactive release.

Bunn concluded that "over the longer term, there's a need to rethink nuclear safety and security in the context of the possibility that nuclear facilities can be exposed to war, mass civil unrest, or governmental collapse. And there's a need for new agreements to reduce the chance that major civilian nuclear facilities under international inspection will again be targets of military assault."

Meanwhile, Beyond Nuclear charged that "if Zaporizhzhia comes to harm, each side in the conflict will likely hold the other responsible. But ultimately, the responsibility we all share is to reject the continued use of a technology that has the potential to wreak such disastrous consequences on humanity."


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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Brady Responds to Supreme Court Decision to Hear Case on Guns and Domestic Abusers https://www.radiofree.org/2023/06/30/brady-responds-to-supreme-court-decision-to-hear-case-on-guns-and-domestic-abusers/ https://www.radiofree.org/2023/06/30/brady-responds-to-supreme-court-decision-to-hear-case-on-guns-and-domestic-abusers/#respond Fri, 30 Jun 2023 18:52:45 +0000 https://www.commondreams.org/newswire/brady-responds-to-supreme-court-decision-to-hear-case-on-guns-and-domestic-abusers Today, the U.S. Supreme Court announced that it will take up the case of US v. Rahimi in its next term. In April, Brady led a coalition of groups on an amicus brief in support of the petition for certiorari. Brady, the country’s oldest gun violence prevention organization, released the following statement:

Douglas Letter, Brady’s Chief Legal Officer, said:

“Prohibiting domestic violence abusers from accessing firearms is common-sense, life-saving, and constitutional. Firearms are the most common weapons used in domestic violence homicides, with female intimate partners more likely to be murdered with a gun than by all other means combined.

“The Fifth Circuit's decision in Rahimi is egregiously wrong, and is mistaken under the Supreme Court's instructions in the Bruen case. Brady looks forward to the Supreme Court hearing this case and correcting this terribly misguided ruling.”


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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Leading Youth Groups Respond to SCOTUS Decision on Student Loans https://www.radiofree.org/2023/06/30/leading-youth-groups-respond-to-scotus-decision-on-student-loans/ https://www.radiofree.org/2023/06/30/leading-youth-groups-respond-to-scotus-decision-on-student-loans/#respond Fri, 30 Jun 2023 15:27:06 +0000 https://www.commondreams.org/newswire/leading-youth-groups-respond-to-scotus-decision-on-student-loans Today, in response to the Supreme Court’s decision to strike down Biden’s current student debt cancellation proposal for over 43 million Americans, leading youth groups, Debt Collective, Sunrise Movement, Gen Z for Change, Path to Progress, March for Our Lives and United We Dream Action, released the following joint statement:

“Once again, a decision from the conservative Supreme Court moves our country backwards. Student debt relief is right, legal and vital. Hundreds of thousands of young voters who turned out for Democrats in 2020 and 2022 know that, and are counting on the Biden administration to follow through on their promise by boldly and unapologetically finding alternative paths forward.

“Democrats desperately need young people to turnout in 2024 and future elections. Young people believed President Biden would deliver student debt abolition—not a costly return to repayment without a penny of the promised relief. Meanwhile, our skies are choked orange with wildfire smoke, and the average monthly student debt payment is north of $400 a month. And from approving the Willow Project and the Mountain Valley Pipeline, to their cruel asylum policies President Biden cannot afford another disappointment with young people – a vital voting bloc for Democrats.”


The Higher Education Act provides the Secretary of Education with a broad set of tools to help borrowers avoid financial distress. The Secretary has both the authority to automatically cancel loans for certain borrowers and to create new relief programs, including ones that can go into effect immediately and before student loan payments resume. These tools can still be used to deliver relief to tens of millions of student loan borrowers, regardless of today’s SCOTUS decision.


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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Groundwork Collaborative Condemns SCOTUS’ Student Debt Relief Decision, Calls on President Biden to Act https://www.radiofree.org/2023/06/30/groundwork-collaborative-condemns-scotus-student-debt-relief-decision-calls-on-president-biden-to-act/ https://www.radiofree.org/2023/06/30/groundwork-collaborative-condemns-scotus-student-debt-relief-decision-calls-on-president-biden-to-act/#respond Fri, 30 Jun 2023 15:25:50 +0000 https://www.commondreams.org/newswire/groundwork-collaborative-condemns-scotus-student-debt-relief-decision-calls-on-president-biden-to-act Today, the Supreme Court ruled in a 6-3 decision to end President Biden’s student debt relief plan, which would have provided up to $10,000 of relief for borrowers who meet income requirements and up to $20,000 for Pell Grant recipients.

Lindsay Owens, Groundwork Collaborative’s Executive Director, reacted to the ruling with the following statement:

“Thanks to the Supreme Court’s ruling, millions of workers and families are now staring down student loan payments this fall with no relief in sight. Revoking the promise of student debt relief punishes people who are already struggling in our economy.
“No one should have to choose between paying their rent and making their student loan payments. President Biden must exhaust all options to deliver student loan relief before millions of Americans are forced to restart payments this September.”


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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NEA reacts to Supreme Court decision to end affirmative action in admissions https://www.radiofree.org/2023/06/29/nea-reacts-to-supreme-court-decision-to-end-affirmative-action-in-admissions/ https://www.radiofree.org/2023/06/29/nea-reacts-to-supreme-court-decision-to-end-affirmative-action-in-admissions/#respond Thu, 29 Jun 2023 15:32:39 +0000 https://www.commondreams.org/newswire/nea-reacts-to-supreme-court-decision-to-end-affirmative-action-in-admissions

Residents of Michigan and other U.S. states reported smelling burning plastic, prompting toxicologists at Michigan's Department of Environment, Great Lakes, and Energy to observe that "wood fires emit a lot of volatile organic compounds (VOCs)," most of which "are noticeable to our noses as the familiar 'campfire' smell, but they break down quickly when exposed to UV radiation from sunlight."

"Other VOCs like benzene, formaldehyde, and acrolein are also released and they outlast the 'campfire' VOCs," the state officials said. "It's these chemical compounds that you're smelling as the smoke wafts around for a few days and settles to the ground and reaches your nose."

Dr. Glen Clark, emergency center chief at Corewell Health's Beaumont Hospital in Grosse Pointe, Michigan, said in a statement to the Free Press that his medical center has seen "a significant increase in respiratory complaints" over the past week.

"We've seen both asthma and COPD patients, who have been well controlled, presenting with exacerbations requiring an increase in use of asthma medications, including rescue inhalers," said Clark. "Even otherwise healthy individuals have come in complaining of chest tightness."

As of Thursday morning, the Swiss firm IQAir ranked Chicago and Detroit as the cities with the worst air quality in the world. Minneapolis briefly cracked the top five the previous day.

CNNreported Wednesday that "Chicago asked all residents—especially those with heart or lung disease, older adults, pregnant people, and young children—to avoid outdoor activities and protect themselves from exposure."

"Chicago Public Schools and camps are also moving activities indoors, city officials said in a news release," the outlet added. "About 11 miles away, Evanston, Illinois closedall swimming beaches and canceled a concert Tuesday due to the poor air quality, the city said on Facebook, asking residents to limit outdoor exposure through Wednesday."

As air quality deteriorated across Northeast and the Midwest, the U.S. South and Southwest experienced scorching temperatures, with at least nine people dying of heat-related causes in Texas.

"This is what we've been warning about... more extreme heat linked to the climate crisis," the youth-led Sunrise Movementtweeted Wednesday.

"We need to declare a climate emergency," the group added, reiterating a longstanding demand that President Joe Biden has thus far rejected.

Late Wednesday afternoon, the National Weather Service (NWS) wrote on social media that "dangerous heat persists for much of the southern U.S.," where tens of millions of people are living under heat advisories.

"Heat is the leading cause of weather-related fatalities each year," the agency stressed. "Take it seriously."

The Washington Postreported that "much of the United States felt like a blazing inferno on Wednesday, as record heat attacked the South like a blowtorch, thick smoke from Canadian wildfires blanketed the Great Lakes region, and triple-digit temperatures threatened to wallop California for the first time this year."

"Scientists said climate change helped shape the weather conditions that were causing misery and putting lives at risk from Mexico to Canada," the Post added. "There was no disputing the impact: If it wasn't way too smoky, it was way too hot."

"Texas is seeing a heatwave so deadly that the state is breaking all-time records for energy usage," the Institute for Policy Studies wrote Wednesday. "Detroit, Chicago, and Minneapolis are among the four cities with the worst air quality in the world due to [Canada wildfire] smoke. "We can't afford to wait. Climate action now."


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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ACLU Commends Supreme Court Decision to Protect Free Speech in Case Defining True Threats https://www.radiofree.org/2023/06/27/aclu-commends-supreme-court-decision-to-protect-free-speech-in-case-defining-true-threats/ https://www.radiofree.org/2023/06/27/aclu-commends-supreme-court-decision-to-protect-free-speech-in-case-defining-true-threats/#respond Tue, 27 Jun 2023 20:06:56 +0000 https://www.commondreams.org/newswire/aclu-commends-supreme-court-decision-to-protect-free-speech-in-case-defining-true-threats

DeSantis officially outlined his plan at a Monday event in the Texas border city of Eagle Pass. He spoke in front of a banner and behind a podium that made "stop the invasion" one of three key slogans of his anti-immigrant agenda, along with "secure our border" and "build the wall." The proposals put forth by DeSantis are based on racist conspiracy theories and represent an escalation of GOP rhetoric on the U.S.-Mexico border.

Among other things, DeSantis advocated for using "deadly force" against suspected drug traffickers, as The New York Timesreported:

"Of course you use deadly force," Mr. DeSantis said after a campaign event on a sweltering morning in Eagle Pass, a small Texas border city. "If you drop a couple of these cartel operatives trying to do that, you're not going to have to worry about that anymore," he added. He said they would end up "stone-cold dead."

He did not clarify how Border Patrol officers or other law enforcement authorities might determine which people crossing the border were smuggling drugs. He said only that "if someone is breaking through the border wall" while "demonstrating hostile intent or hostile action, you have to be able to meet that with the appropriate use of force."

As a point of clarification, the newspaper explained that "the overwhelming majority of drugs are smuggled in commercial vehicles coming across official ports of entry, not carried by migrants, according to U.S. border authorities."

Other elements of DeSantis' proposed crackdown on immigrants include:

  • Ending birthright citizenship;
  • Deputizing state and local law enforcement officers to arrest and deport migrants and to detain unaccompanied migrant children indefinitely;
  • Detaining all migrants who make unauthorized border crossings until their immigration court hearing, likely requiring a massive expansion of carceral space;
  • Completing construction of the border wall initiated by former President Donald Trump, even deploying U.S. troops to "assist" Border Patrol agents until the project is finished; and
  • Restarting the "Remain in Mexico" program that endangers asylum-seekers.

"Those policies are sure to appeal to conservative voters in the Republican presidential primary contest," the Times observed, "but they would be likely to run into legal roadblocks and could test the limits of presidential authority."

The 14th Amendment to the U.S. Constitution guarantees birthright citizenship, and the U.S. Supreme Court ruled in 2012 that states cannot enact their own immigration policies that conflict with federal laws.

"The DeSantis policies and plans announced today wouldn't advance any real solutions for our broken immigration system," Mario Carrillo, the Texas-based campaign manager of America's Voice, said in a statement. "Instead, they are all just ugly and unworkable anti-immigrant red meat to keep the MAGA base inflamed and all 'justified' by advancing false and dangerous white nationalist rhetoric that has a mounting body count, including in Texas."

"My hometown of El Paso is still reeling from the mass shooting perpetrated by a white nationalist whose rhetoric is now touted by DeSantis and many more Republicans," said Carrillo. "Just a few days ago in Pittsburgh, the conviction of the Tree of Life synagogue shooter offered another reminder about the dangers of mainstreaming this rhetoric, while Buffalo recently commemorated their own anniversary of the attack in their city, again by a white nationalist who cited anti-immigrant conspiracies."

"That the DeSantis campaign is continuing to elevate and mainstream these false conspiracies is dangerous and irresponsible," Carrillo added, "but not surprising given the type of campaign he intends to run."

"The policy rollout on Monday suggested that Mr. DeSantis, who is trailing Mr. Trump by roughly 30 percentage points in national polls, was trying to outflank the former president on immigration," the Times noted. Multiple experts "questioned the viability of Mr. DeSantis' proposals, suggesting they were driven by the political imperatives of a presidential campaign."

As governor, DeSantis has been at the forefront of cruel immigration policies.

Last September, he organized flights carrying roughly 50 South American asylum-seekers from San Antonio, Texas to Martha's Vineyard in Massachusetts, precipitating a lawsuit and a criminal investigation into whether people were "lured... under false pretenses." The Bexar County Sheriff's Office recently recommended criminal charges over the Martha's Vineyard flights.

DeSantis flew additional migrants to Sacramento earlier this month, prompting California Gov. Gavin Newsom (D) to threaten him with kidnapping charges.

Last month, DeSantis sent hundreds of Florida law enforcement officers and Florida National Guard members to Texas at the request of the state's Republican governor, Greg Abbott, who has repeatedly accused President Joe Biden of failing to "secure the border."

Just days ago, DeSantis "announced a national coalition of more than 90 local sheriffs who said they would band together to fight gang activity and illegal drugs that they argue are the result of the Biden administration's border policies," the Times reported.

Ominously, the immigration plan he revealed on Monday says: "If the Mexican government drags its feet, DeSantis will reserve the right to operate across the border to secure our territory from Mexican cartel activities. If the Mexican government won't stop cartel drug manufacturing, DeSantis will surge resources to the Navy and the Coast Guard and block precursor chemicals from entering Mexican ports."

According toThe Associated Press:

DeSantis was supportive of one audience member who suggested that the situation at the border constituted an "act of war."

"I think the state of Texas has the right to declare an invasion," DeSantis told the man. "You're going to see as president under Article 2 of the Constitution, you have a responsibility and a duty to protect the country. We are going to do that and we are going to do that robustly."

This makes DeSantis the latest Republican to express support for using military force against cartels south of the border, even though "critics have said such actions would violate Mexico's sovereignty and fail to address the drug overdose crisis that continues to devastate U.S. communities," as Al Jazeerareported.

In Florida, meanwhile, DeSantis recently signed a bill that places harsh restrictions on undocumented immigrants and requires the "repayment of certain economic development incentives" if the state, which plans to conduct random audits of businesses, "finds or is notified that an employer has knowingly employed" an undocumented immigrant without verifying their employment eligibility.

The law, which takes effect in less than a week, has pushed thousands of workers to flee the state, eliciting criticism not only from progressive opponents of DeSantis but also some capitalists who otherwise back the far-right governor.

As America's Voice pointed out, "The DeSantis plan and speech did not highlight the continued array of media coverage detailing the... toll on the economy and communities of the signature Florida anti-immigrant legislation he signed into law."

Carrillo argued that "the key storylines about Ron DeSantis' visit to the Texas border shouldn't just be about his collection of dehumanizing political stunts or the ugly and unworkable policy agenda he unveiled today. They also must include the economic and community harms that DeSantis has inflicted on Florida's crucial industries and the state's proud pro-immigrant traditions through his signature immigration bill set to go into effect on July 1."

"Even before the bill takes effect," Carillo said, "people are leaving, job sites are emptying, and employers—some of whom are DeSantis supporters—are complaining."


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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In a Victory for Voting Rights and Equal Representation, Civil Rights Coalition Celebrates Supreme Court Decision in Moore v. Harper https://www.radiofree.org/2023/06/27/in-a-victory-for-voting-rights-and-equal-representation-civil-rights-coalition-celebrates-supreme-court-decision-in-moore-v-harper/ https://www.radiofree.org/2023/06/27/in-a-victory-for-voting-rights-and-equal-representation-civil-rights-coalition-celebrates-supreme-court-decision-in-moore-v-harper/#respond Tue, 27 Jun 2023 18:50:22 +0000 https://www.commondreams.org/newswire/in-a-victory-for-voting-rights-and-equal-representation-civil-rights-coalition-celebrates-supreme-court-decision-in-moore-v-harper

DeSantis officially outlined his plan at a Monday event in the Texas border city of Eagle Pass. He spoke in front of a banner and behind a podium that made "stop the invasion" one of three key slogans of his anti-immigrant agenda, along with "secure our border" and "build the wall." The proposals put forth by DeSantis are based on racist conspiracy theories and represent an escalation of GOP rhetoric on the U.S.-Mexico border.

Among other things, DeSantis advocated for using "deadly force" against suspected drug traffickers, as The New York Timesreported:

"Of course you use deadly force," Mr. DeSantis said after a campaign event on a sweltering morning in Eagle Pass, a small Texas border city. "If you drop a couple of these cartel operatives trying to do that, you're not going to have to worry about that anymore," he added. He said they would end up "stone-cold dead."

He did not clarify how Border Patrol officers or other law enforcement authorities might determine which people crossing the border were smuggling drugs. He said only that "if someone is breaking through the border wall" while "demonstrating hostile intent or hostile action, you have to be able to meet that with the appropriate use of force."

As a point of clarification, the newspaper explained that "the overwhelming majority of drugs are smuggled in commercial vehicles coming across official ports of entry, not carried by migrants, according to U.S. border authorities."

Other elements of DeSantis' proposed crackdown on immigrants include:

  • Ending birthright citizenship;
  • Deputizing state and local law enforcement officers to arrest and deport migrants and to detain unaccompanied migrant children indefinitely;
  • Detaining all migrants who make unauthorized border crossings until their immigration court hearing, likely requiring a massive expansion of carceral space;
  • Completing construction of the border wall initiated by former President Donald Trump, even deploying U.S. troops to "assist" Border Patrol agents until the project is finished; and
  • Restarting the "Remain in Mexico" program that endangers asylum-seekers.

"Those policies are sure to appeal to conservative voters in the Republican presidential primary contest," the Times observed, "but they would be likely to run into legal roadblocks and could test the limits of presidential authority."

The 14th Amendment to the U.S. Constitution guarantees birthright citizenship, and the U.S. Supreme Court ruled in 2012 that states cannot enact their own immigration policies that conflict with federal laws.

"The DeSantis policies and plans announced today wouldn't advance any real solutions for our broken immigration system," Mario Carrillo, the Texas-based campaign manager of America's Voice, said in a statement. "Instead, they are all just ugly and unworkable anti-immigrant red meat to keep the MAGA base inflamed and all 'justified' by advancing false and dangerous white nationalist rhetoric that has a mounting body count, including in Texas."

"My hometown of El Paso is still reeling from the mass shooting perpetrated by a white nationalist whose rhetoric is now touted by DeSantis and many more Republicans," said Carrillo. "Just a few days ago in Pittsburgh, the conviction of the Tree of Life synagogue shooter offered another reminder about the dangers of mainstreaming this rhetoric, while Buffalo recently commemorated their own anniversary of the attack in their city, again by a white nationalist who cited anti-immigrant conspiracies."

"That the DeSantis campaign is continuing to elevate and mainstream these false conspiracies is dangerous and irresponsible," Carrillo added, "but not surprising given the type of campaign he intends to run."

"The policy rollout on Monday suggested that Mr. DeSantis, who is trailing Mr. Trump by roughly 30 percentage points in national polls, was trying to outflank the former president on immigration," the Times noted. Multiple experts "questioned the viability of Mr. DeSantis' proposals, suggesting they were driven by the political imperatives of a presidential campaign."

As governor, DeSantis has been at the forefront of cruel immigration policies.

Last September, he organized flights carrying roughly 50 South American asylum-seekers from San Antonio, Texas to Martha's Vineyard in Massachusetts, precipitating a lawsuit and a criminal investigation into whether people were "lured... under false pretenses." The Bexar County Sheriff's Office recently recommended criminal charges over the Martha's Vineyard flights.

DeSantis flew additional migrants to Sacramento earlier this month, prompting California Gov. Gavin Newsom (D) to threaten him with kidnapping charges.

Last month, DeSantis sent hundreds of Florida law enforcement officers and Florida National Guard members to Texas at the request of the state's Republican governor, Greg Abbott, who has repeatedly accused President Joe Biden of failing to "secure the border."

Just days ago, DeSantis "announced a national coalition of more than 90 local sheriffs who said they would band together to fight gang activity and illegal drugs that they argue are the result of the Biden administration's border policies," the Times reported.

Ominously, the immigration plan he revealed on Monday says: "If the Mexican government drags its feet, DeSantis will reserve the right to operate across the border to secure our territory from Mexican cartel activities. If the Mexican government won't stop cartel drug manufacturing, DeSantis will surge resources to the Navy and the Coast Guard and block precursor chemicals from entering Mexican ports."

According toThe Associated Press:

DeSantis was supportive of one audience member who suggested that the situation at the border constituted an "act of war."

"I think the state of Texas has the right to declare an invasion," DeSantis told the man. "You're going to see as president under Article 2 of the Constitution, you have a responsibility and a duty to protect the country. We are going to do that and we are going to do that robustly."

This makes DeSantis the latest Republican to express support for using military force against cartels south of the border, even though "critics have said such actions would violate Mexico's sovereignty and fail to address the drug overdose crisis that continues to devastate U.S. communities," as Al Jazeerareported.

In Florida, meanwhile, DeSantis recently signed a bill that places harsh restrictions on undocumented immigrants and requires the "repayment of certain economic development incentives" if the state, which plans to conduct random audits of businesses, "finds or is notified that an employer has knowingly employed" an undocumented immigrant without verifying their employment eligibility.

The law, which takes effect in less than a week, has pushed thousands of workers to flee the state, eliciting criticism not only from progressive opponents of DeSantis but also some capitalists who otherwise back the far-right governor.

As America's Voice pointed out, "The DeSantis plan and speech did not highlight the continued array of media coverage detailing the... toll on the economy and communities of the signature Florida anti-immigrant legislation he signed into law."

Carrillo argued that "the key storylines about Ron DeSantis' visit to the Texas border shouldn't just be about his collection of dehumanizing political stunts or the ugly and unworkable policy agenda he unveiled today. They also must include the economic and community harms that DeSantis has inflicted on Florida's crucial industries and the state's proud pro-immigrant traditions through his signature immigration bill set to go into effect on July 1."

"Even before the bill takes effect," Carillo said, "people are leaving, job sites are emptying, and employers—some of whom are DeSantis supporters—are complaining."


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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Friends of the Earth Celebrates EPA’s Decision to Pull Dangerous EV Proposal https://www.radiofree.org/2023/06/21/friends-of-the-earth-celebrates-epas-decision-to-pull-dangerous-ev-proposal/ https://www.radiofree.org/2023/06/21/friends-of-the-earth-celebrates-epas-decision-to-pull-dangerous-ev-proposal/#respond Wed, 21 Jun 2023 19:40:55 +0000 https://www.commondreams.org/newswire/friends-of-the-earth-celebrates-epas-decision-to-pull-dangerous-ev-proposal Today, the Environmental Protection Agency announced its final rule under the Renewable Fuel Standard, which includes the removal of a proposal to expand the program by allowing electrification compliance credits (e-RINs) for charging electric vehicles via biomass energy. The RFS is a federal program originally intended to reduce emissions through mandating the incorporation of biofuels into U.S. transportation fuel. However, the program has been proven to subsidize dirty energy production masking as renewable energy, and to increase rather than decrease transportation sector emissions. Removing the proposed expansion into EV charging avoids the creation of a perverse incentive for electricity produced from dirty biomass with significant environmental justice issues, like factory farm or landfill methane biogas.

The potential RFS expansion into EV changing has been aggressively lobbied for by dirty energy industries looking for new subsidies. Freedom of Information Act requests unearthed by Friends of the Earth reveal a coordinated campaign between incinerator giant Covanta and pro-wood burning trade group, Biomass Power Association, to gain access to the program. Burning wood or trash are some of the dirtiest ways to produce energy and emits a number of toxic pollutants that disproportionately affect low-income communities and communities of color.

“The decision to drop this proposed rule is a huge win for the climate and for communities already overburdened with pollution,” said Sarah Lutz, Climate Campaigner at Friends of the Earth. “The EPA was on the verge of making a bad program even worse by tying the growth of EVs to massively harmful energy production. It’s wholly incompatible with President Biden’s commitment to reducing emissions and prioritizing environmental justice, and we’re committed to ensuring this proposal doesn’t rear its ugly head again.”

Friends of the Earth has led the opposition on e-RINS for electric vehicle-charging since FOIAs revealed that the Biden administration and Tesla were having closed-door discussions on the RFS as soon as the former’s term began. FoE is the lead author on three opposition letters to the EPA (2021, 2022, 2023) and collaborated with Senator Cory Booker (D-NJ) to develop a Congressional response in 2022.


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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Biden Administration Drops Appeal of Court Decision on Threat to Endangered Whales From Shipping Lanes https://www.radiofree.org/2023/06/15/biden-administration-drops-appeal-of-court-decision-on-threat-to-endangered-whales-from-shipping-lanes/ https://www.radiofree.org/2023/06/15/biden-administration-drops-appeal-of-court-decision-on-threat-to-endangered-whales-from-shipping-lanes/#respond Thu, 15 Jun 2023 16:40:14 +0000 https://www.commondreams.org/newswire/biden-administration-drops-appeal-of-court-decision-on-threat-to-endangered-whales-from-shipping-lanes

"The launch of today's escalation campaign to fight back against fossil fuels builds on the legacy of a diversity of resistance movements from across the world who have been leading the fight against the fossil industry and its pernicious influence," said Tasneem Essop, executive director of the Climate Action Network. "We expect all governments to implement a rapid, just, and equitable phaseout of fossil fuels together with a scaled-up phase-in of renewables."

"They have to signal that this is the end of the fossil fuel era," Essop added. "COP28 is a good place to start."

"We expect all governments to implement a rapid, just, and equitable phaseout of fossil fuels together with a scaled-up phase-in of renewables."

The coalition behind the mass mobilization invited people around the world to register local events and issued a list of straightforward demands that they say political leaders must embrace if there's to be any hope of curbing runaway warming.

"The climate crisis is escalating but so is the global movement for climate justice," the coalition says on its website. "We need all hands on deck to win this fight."

The six demands are as follows:

1. No new fossil fuels—no new finance public or private, no new approvals, licenses, permits, or extensions. The provision of sufficient, consensual climate funding to realize this commitment everywhere.

2. A rapid, just, and equitable phaseout of existing fossil fuel infrastructure in line with the 1.5°C temperature limit and a global plan, like a Fossil Fuel Treaty, to ensure that each country does its part.

3. New commitments for international cooperation to drastically scale up financial and technology transfers to ensure renewable energy access, economic diversification plans, and Just Transition processes so that every country and community can phase out fossil fuels.

4. Stop greenwashing and claiming that offsets, carbon capture and storage, or geoengineering are solutions to the climate crisis.

5. Hold polluters responsible for the damage they've caused and make sure it's coal, oil, and gas corporations that pay reparations for climate loss and damage and for local rehabilitation, remediation, and transition.

6. End fossil fuel corporate capture. No to corporations writing the rules of climate action, bankrolling climate talks, or undermining the global response to climate change.

Brenna TwoBears, coordinator of the Indigenous Environmental Network, said in a statement Thursday that "the time is now to end fossil fuels."

"This has been centuries in the making, when colonizers brought the first extractive systems to Turtle Island and commodified the land," she added. "But shutting down fossil fuels is only one strand among many to weave a basket to hold up the next seven generations. We need a just and equitable transition, where Indigenous people are leading. We need a culture shift to live in balance with our sky and land relatives. We need real solutions that address the problem at its root, not after the fact. A fossil fuel non-proliferation treaty is that real solution."

Plans for the global days of action come amid growing frustration and alarm among climate advocates and scientists over world leaders' continued failure to deliver any meaningful action to phase out fossil fuel use and production—the central driver of the planetary emergency—even as carbon emissions keep rising at a record pace and extreme weather wreaks havoc across the globe.

COP27 in Egypt late last year did not yield any meaningful progress toward a global fossil fuel phaseout, and campaigners feel COP28 is also poised to fail given the still-pervasive influence of the oil and gas industry and rich nations' refusal to act.

Sultan Ahmed al-Jaber, COP28's president-designate, is the CEO of the UAE's state-owned Abu Dhabi National Oil Company.

The Guardianreported last week that "Majid Al Suwaidi, director-general of the COP28 climate talks for its host nation... said governments were not in agreement over whether the phaseout of fossil fuels should be on the agenda for the conference, which begins in November."

"Al Suwaidi said fossil fuels would form a key part of the discussions at COP28," the newspaper added, "but whether a phaseout would be discussed as part of the official agenda of the talks was still up for grabs."

Romain Ioualalen, the global policy lead for Oil Change International, emphasized Thursday that "there is no room for additional fossil fuel expansion while limiting global temperature rise to 1.5°C" and implored world leaders to "urgently lay the path for the end of oil, gas, and coal" at COP28.

"People around the world have been fighting against the fossil fuel industry for years and will escalate this fight this September at the United Nations in New York and beyond to secure a full, fair, fast, and funded fossil fuel phaseout and massive expansion of renewable energy," said Ioualalen.


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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Civil Rights Coalition Praises Supreme Court’s Decision to Protect Freedom to Vote, Renews Call for Congressional Action to Restore the Voting Rights Act https://www.radiofree.org/2023/06/08/civil-rights-coalition-praises-supreme-courts-decision-to-protect-freedom-to-vote-renews-call-for-congressional-action-to-restore-the-voting-rights-act/ https://www.radiofree.org/2023/06/08/civil-rights-coalition-praises-supreme-courts-decision-to-protect-freedom-to-vote-renews-call-for-congressional-action-to-restore-the-voting-rights-act/#respond Thu, 08 Jun 2023 18:01:12 +0000 https://www.commondreams.org/newswire/civil-rights-coalition-praises-supreme-courts-decision-to-protect-freedom-to-vote-renews-call-for-congressional-action-to-restore-the-voting-rights-act

Slate's Mark Joseph Stern tweeted that "this is a HUGE surprise and a major voting rights victory," also noting that the high court's decision in Allen v. Milligan is "a boon to Democrats' chances" of retaking the U.S. House of Representatives in 2024.

"This fight was won through generations of Black leaders who refused to be silent, and while much work is left, today we can move forward with these reaffirmed protections civil rights leaders fought and died for."

Davin Rosborough, senior staff attorney with the ACLU's Voting Rights Project, declared that "the Supreme Court rejected the Orwellian idea that it's inappropriate to consider race in determining whether racial discrimination led to the creation of illegal maps. This ruling is a huge victory for Black Alabamians."

The national ACLU, its Alabama arm, the Legal Defense Fund (LDF), Hogan Lovells LLP, and Wiggins Childs LLC sued Alabama in November 2021 on behalf of four individual voters—Evan Milligan, Shalela Dowdy, Letetia Jackson, and Khadidah Stone—along with Greater Birmingham Ministries and the NAACP of Alabama, arguing that the state's new congressional map is racially discriminatory under Section 2 of the VRA and the 14th Amendment to the U.S. Constitution.

Although a three-judge panel granted a preliminary injunction in January 2022 and gave Alabama an opportunity to redraw the districts before last year's election, the state then obtained a stay from the Supreme Court and the contested map was used.

The high court's new ruling in the case—previously known as Merrill v. Milligan—was celebrated by the plaintiffs, who said in a joint statement:

In 2021, Alabama lawmakers targeted Black voters by packing and cracking us so we could not have a meaningful impact on the electoral process. They attempted to redefine Section 2 of the Voting Rights Act and shirk their responsibility to ensure communities of color are given an equal opportunity to elect their preferred candidates. Today, the Supreme Court reminded them of that responsibility by ordering a new map be drawn that complies with federal law—one that recognizes the diversity in our state rather than erasing it. This fight was won through generations of Black leaders who refused to be silent, and while much work is left, today we can move forward with these reaffirmed protections civil rights leaders fought and died for.

LDF senior counsel Deuel Ross, who argued the case before the court in October, explained that "Alabama attempted to rewrite federal law by saying race had no place in redistricting. But because of the state's sordid and well-documented history of racial discrimination, race must be used to remedy that past and ensure communities of color are not boxed out of the electoral process."

"While the Voting Rights Act and other key protections against discriminatory voting laws have been weakened in recent years and states continue to pass provisions to disenfranchise Black voters, today's decision is a recognition of Section 2's purpose to prevent voting discrimination and the very basic right to a fair shot," Ross continued.

Tish Gotell Faulks, the ACLU of Alabama's legal director, said that "the key takeaway from today's decision is the court's acknowledgment that the Alabama Legislature knowingly continued its legacy of drawing illegal voting districts that disenfranchise Black voters."

"Though we were victorious today, history shows us that lawmakers will erect many more hurdles before every Alabamian, irrespective of their race, can vote for representatives that reflect their beliefs, values, and priorities," Jones warned. "Efforts remain underway from Montgomery to Jackson to Baton Rouge, and elsewhere across the country to minimize, marginalize, and eliminate the ability of Black and Brown people to have a voice in their communities. Our communities then—as now—understand that the fight to uphold our civil rights is a daily pursuit. We will persist."

The Campaign Legal Center (CLC), which has been involved in several lawsuits challenging rigged election maps and filed a friend-of-the-court brief for this case, also welcomed the Thursday decision while highlighting ongoing attacks on voting rights.

"When self-interested politicians draw maps that suit their own needs instead of the needs of their community, our democracy becomes less inclusive and accountable," said CLC senior vice president Paul Smith. "We are heartened that the Supreme Court upheld Section 2 of the VRA, one of the most important tools available to ensure every voter, particularly Black and Brown voters who have historically been denied the freedom to vote, has an equal voice in our democracy."

"While this ruling is a step in the right direction," Smith added, "we will continue to fight tirelessly alongside our local allies in Alabama and across the country to challenge racially discriminatory voting maps in court and develop innovative policy solutions that protect and expand the freedom to vote for every American."

Pointing to Shelby v. Holder, Kareem Crayton, senior director of the Brennan Center for Justice's Democracy Program, stressed that the new decision "still leaves us with a weakened tool of enforcement. Ten years ago, this court ended the most effective part of the legislation, preclearance, and in 2021, made it very hard to use Section 2 to challenge racially discriminatory voting rules."

"Congress can and should step in to protect fair access to voting and representation for all," according to Crayton. "Our legislators must pass the John R. Lewis Voting Rights Advancement Act and the Freedom to Vote Act."


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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https://www.radiofree.org/2023/06/08/civil-rights-coalition-praises-supreme-courts-decision-to-protect-freedom-to-vote-renews-call-for-congressional-action-to-restore-the-voting-rights-act/feed/ 0 401952
Statement on Voting Rights Victory in SCOTUS’ Allen v. Milligan Decision https://www.radiofree.org/2023/06/08/statement-on-voting-rights-victory-in-scotus-allen-v-milligan-decision/ https://www.radiofree.org/2023/06/08/statement-on-voting-rights-victory-in-scotus-allen-v-milligan-decision/#respond Thu, 08 Jun 2023 17:08:53 +0000 https://www.commondreams.org/newswire/statement-on-voting-rights-victory-in-scotus-allen-v-milligan-decision

William Hartung, a senior research fellow at the Quincy Institute, notes in his analysis that $886 billion for the military is "a sum far higher in real terms than the peaks of the Korean or Vietnam wars or the height of the Cold War."

"These enormous sums are being marshaled in support of a flawed National Defense Strategy that attempts to go everywhere and do everything, from winning a war with Russia or China, to intervening in Iran or North Korea, to continuing to fight a global war on terror that involves military activities in at least 85 countries," Hartung writes. "Sticking to the current strategy is not only economically wasteful, but will also make America and the world less safe."

The Costs of War report echoes that assessment, noting that the continuous growth of the nation's military budget—which now makes up more than half of the federal government's total discretionary spending—"has the effect of squeezing out the resources and power of other sectors, and weakening the United States' ability to perform core functions such as healthcare, infrastructure, education, and emergency preparedness."

"Because the majority of taxpayer dollars and federal resources are devoted to the military and military industries, and most government jobs are in the defense sector, the political power of this sector has become more deeply entrenched and other alternatives have become harder to pursue," reads the Brown analysis, authored by Heidi Peltier. "Instead of having a federal government that addresses various national priorities—including the health and education of its population and the sustainability of its infrastructure and environment—the U.S. has a government that is largely devoted to war and militarism."

The budget deal reached by the Biden White House and congressional Republicans perpetuates that trend.

If approved in the appropriations process later this year, the Biden-GOP Pentagon budget deal would add $28 billion to U.S. military spending next fiscal year compared to current levels.

And some lawmakers are exploring ways to circumvent the $886 billion topline to hand even more money to the Pentagon as new caps on non-military spending threaten funding for food aid, rental assistance, and other programs.

Politicoreported last week that some lawmakers are hoping to stuff "cash for other Pentagon priorities" into a package ostensibly aimed at providing more assistance to Ukraine.

Hartung warned Thursday that "Congress could pass an emergency military aid package for Ukraine that includes not only funds needed for that nation to defend itself, but tens of billions of dollars for Pentagon or congressional pet projects that have nothing to do with defending Ukraine."

"This is precisely what happened during the 10-year period covered by the 2011 Budget Control Act (BCA)," he noted. "The Overseas Contingency Operations (OCO) account—nominally meant to fund the Iraq and Afghan wars—was used to pay for hundreds of billions of dollars worth of items unrelated to the wars, as a way to evade the caps on the Pentagon's regular budget contained in the BCA."

"We are overspending on the Pentagon instead of providing adequate funding to address other urgent security needs, and too often favoring special interests over the national interest."

Such unchecked spending is likely to have massive benefits for the arms makers and other private contractors that aggressively lobby the federal government.

The Costs of War report points out that the five military-related companies that led their sector in lobbying spending in fiscal year 2021 also received the most contract dollars from the federal government.

"Firms such as Lockheed Martin, Northrop Grumman, Raytheon, General Dynamics, and Boeing spend millions of dollars in lobbying each year and use their political capital to secure monopoly-like contracts with the Department of Defense," the report notes.

Hartung similarly highlights the "undue influence exerted by the arms industry and its allies in Congress, backed up by over $83 million in campaign contributions in the past two election cycles and the employment of 820 lobbyists, far more than one for every member of Congress."

"The industry also leverages the jobs its programs create to bring lawmakers on board to fund ever-higher budgets, despite the fact that the economic role of the arms sector has declined dramatically over the past three decades, from 3.2 million direct jobs to just one million now—six-tenths of one percent of a national labor force of over 160 million people," Hartung writes. "Last year alone, Congress added $45 billion to the Pentagon budget beyond what the department requested, much of it for systems built in the states or districts of key members, a process that puts special interests above the national interest."

Both new reports make the case for cutting U.S. military spending—which is larger than that of more than 144 nations combined—and directing the savings toward neglected public services.

"Reducing the military budget and funding other priorities such as healthcare, education, clean energy, and infrastructure," the Brown analysis argues, "will help increase other forms of security—the kinds of meaningful human security rooted in good health, good living conditions, and a productive and well-educated society—while also increasing employment nationwide."

And Hartung contends that, contrary to war hawks' claims that Pentagon cuts would compromise national security, the U.S. "could mount a robust defense for far less money if it pursued a more restrained strategy that takes a more realistic view of the military challenges posed by Russia and China, relies more heavily on allies to provide for the defense of their own regions, shifts to a deterrence–only nuclear strategy, and emphasizes diplomacy over force or threats of force to curb nuclear proliferation."

"This approach could save at least $1.3 trillion over the next decade, funds that could be invested in other areas of urgent national need," Hartung writes. "But making a shift of this magnitude will require political and budgetary reforms to reduce the immense power of the arms lobby."

To that end, Hartung suggests restrictions on the "revolving door" between the Pentagon and major military contractors. An April report assembled by Sen. Elizabeth Warren (D-Mass.) "identified 672 cases in 2022 in which the top 20 defense contractors had former government officials, military officers, members of Congress, and senior legislative staff working for them as lobbyists, board members, or senior executives."

Hartung also calls for a ban on "major weapons contractors funding the campaigns of members of the armed services committees and defense appropriations subcommittees of each house of Congress."

"We are overspending on the Pentagon instead of providing adequate funding to address other urgent security needs, and too often favoring special interests over the national interest," Hartung said in a statement Thursday. "Rethinking America's approach to defense can make us safer at a far lower cost."


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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North Carolina Supreme Court Issues Ruling Allowing Partisan Gerrymandering, Reversing Previous Decision https://www.radiofree.org/2023/04/28/north-carolina-supreme-court-issues-ruling-allowing-partisan-gerrymandering-reversing-previous-decision/ https://www.radiofree.org/2023/04/28/north-carolina-supreme-court-issues-ruling-allowing-partisan-gerrymandering-reversing-previous-decision/#respond Fri, 28 Apr 2023 16:51:48 +0000 https://www.commondreams.org/newswire/north-carolina-supreme-court-issues-ruling-allowing-partisan-gerrymandering-reversing-previous-decision

The North Carolina Supreme Court signaled today it will not provide a check on legislative efforts to discriminate against resident voters, vacating a prior decisions that protected voters against partisan gerrymandering in voting maps.

The state’s highest court allowed decisions in Harper v. Hall and Holmes v. Moore, issued in December of 2022, to be reheard following a change in the composition of the Court in January 2022, a rare and unprecedented step.

The Court also issued separate decisions reinstating racially discriminatory voter ID and revoking voting rights in another case for individuals with a felony conviction. In all three cases, the justices were split 5-2 along party lines to toss extensive factual findings from multi-week trials in the lower courts — a rarity saved for exceptional circumstances, of which none of the cases had.

At 2.pm EST TODAY, Friday April 28, Common Cause and its legal team at Southern Coalition for Social Justice will hold a media briefing about the North Carolina decisions.

WHO: Hilary Harris Klein, Senior Counsel for Voting Rights at Southern Coalition for Social Justice; Jeff Loperfido, Interim Chief Counsel for Voting Rights at SCSJ; Bob Phillips, executive director of Common Cause North Carolina; Kathay Feng, Vice President of Programs for Common Cause

WHAT: A press call to discuss the North Carolina Supreme Court’s decisions on Harper v. Hall and Holmes v. Moore.

WHEN: April 28, 2023 at 2 p.m. ET

WHERE: Zoom. Register to attend here.

No protections from partisan gerrymandering

Harper is a case brought by Common Cause North Carolina after lawmakers partisan gerrymandered legislative and Congressional maps to give Republicans an edge at the disproportionate expense of Black voters.

Justices ruled the high court did not have jurisdiction to weigh into partisan matters because the state Constitution contains no mention of partisanship in regards to elections. They granted GOP lawmakers’ request to not only reverse its December 2022 decision (Harper II) protecting voters from partisan gerrymandering but to also overturn its February 2022 decision (Harper I) arguing the standard articulated in that matter was flawed.

The Court also gave lawmakers power to redraw legislative and Congressional maps without any limitations on extreme partisan gerrymandering.

Read the full Harper decision here.

“Today’s decision marks a concerning and dramatic departure from the historic and important role our State Courts have played in protecting voters and providing a check on the Legislative branch,” said Hilary Harris Klein, Senior Counsel for Voting Rights at Southern Coalition for Social Justice (SCSJ). “Checks and balances are fundamental to our system of government, and we share the concern of the dissent that ‘the majority has already repeatedly revealed itself to be on a mission to pursue the agenda of this select few in the legislature.’ Like our client Common Cause, we will continue to pursue free and fair elections for all North Carolinians.”

Common Cause North Carolina is represented in Harper by Southern Coalition for Social Justice (SCSJ) and co-counsel Hogan Lovells.

“This Supreme Court ruling will go down as one of the gravest assaults on democracy ever in North Carolina. Now, extreme partisan gerrymandering has been legalized and it will be weaponized against voters. That’s wrong,” said Bob Phillips, executive director of Common Cause North Carolina. “Undoubtedly, the justices who wrote this shameful decision know it’s wrong, as do the self-serving legislators who embrace gerrymandering. Today, we are seeing our constitutional protections surrendered to the whims of extremist politicians. We will not give up. We will oppose any attempt by politicians to engage in racist and partisan gerrymandering. The people of North Carolina will not be silenced.”

Justice Anita Earls wrote a 71-page dissent in Harper, saying the decision removes the Court’s ability to protect residents’ basic rights guaranteed in the Constitution.

“Despite its lofty prose about the need for principled adherence to the state Constitution, the majority follows none of these principles today,” Earls wrote. “Nor does the majority even pay passing reference to the anti-democratic nature of extreme partisan gerrymandering. These efforts to downplay the practice do not erase its consequences and the public will not be gaslighted.”

Because Harper is the underlying case to the U.S. Supreme Court case Moore v. Harper, justices at the federal level asked parties in early March to submit additional briefs on whether or not the highest court still has jurisdiction in the case. Common Cause, through its attorneys at SCSJ and Hogan Lovells, argued that the U.S. Supreme Court is still the proper venue to decide this important case about the future of checks and balances in our election processes.

The U.S. Supreme Court has not yet responded to those briefs, but Common Cause remains hopeful the Court will reject the fringe independent state legislature theory presented in Moore.

“Today, in a highly partisan decision, the North Carolina Supreme Court shredded the state’s constitutional protection of free and fair elections, siding with power-hungry politicians to strip every voter of the right to cast a ballot without political manipulation, and taking away our freedom to determine the future of our families and our neighborhoods,” said Kathay Feng, Vice President of Programs for Common Cause. “We now await the U.S. Supreme Court’s decision in Moore v. Harper to determine if it will uphold the checks and balances enshrined in the U.S. Constitution and state constitutions, or if it will give absolute power to state politicians to manipulate our federal elections and undermine our votes.”


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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NARAL Pro-Choice America Responds as Supreme Court Again Delays Decision on Mifepristone https://www.radiofree.org/2023/04/19/naral-pro-choice-america-responds-as-supreme-court-again-delays-decision-on-mifepristone/ https://www.radiofree.org/2023/04/19/naral-pro-choice-america-responds-as-supreme-court-again-delays-decision-on-mifepristone/#respond Wed, 19 Apr 2023 21:16:21 +0000 https://www.commondreams.org/newswire/naral-pro-choice-america-responds-as-supreme-court-again-delays-decision-on-mifepristone

Payton Washington, 18, was shot twice and is in critical condition at a nearly intensive care unit, while Heather Roth was grazed by a bullet and was treated at the scene. Roth told reporters that the girls approached the car of the suspect, Pedro Tello Rodriguez, and opened the door before realizing it wasn't theirs.

Rodriguez got out of the car and began shooting at Washington and Roth as well as two other high school students they were with. The girls were members of a cheerleading team with Woodlands Elite Generals and were preparing for the World Championships in Orlando this weekend.

"We are becoming a heavily armed nation, so fearful and angry and hair-trigger anxious that gun murders are now just the way in which we work out our frustrations."

The shooting took place days after 20-year-old Kaylin Gillis was fatally shot in Hebron, New York, after mistakenly driving up the wrong driveway with a group of friends while looking for a friend's house. A 65-year-old man named Kevin Monahan has been charged with second-degree murder.

The group had already realized their mistake and turned around when Gillis was shot on Saturday night.

"There were no words exchanged," Washington County Sheriff Jeffrey J. Murphy told reporters. "They were turning around, leaving... there certainly was no threat."

As Common Dreamsreported Monday, 16-year-old Ralph Yarl was shot in the head and arm as he stood on the front porch of a home in Kansas City, Missouri where he believed his younger brothers were. He had mistakenly arrived at the wrong address and the homeowner, Andrew Lester, shot Yarl without "any words" being exchanged, according to prosecutors. Yarl had surgery to remove the bullets and was able to walk out of the hospital on Sunday and is expected to make a full recovery.

Prosecutors say "there was a racial component to the case" involving Yarl, who is Black.

Both Missouri and Texas have so-called "stand your ground" laws which permit people to use deadly force without retreating first if they believe they're being threatened with a crime, including robbery or burglary. Stand your ground laws apply "anyplace where a person has a legal right to be, not just at home," according to The New York Times.

About 30 states have stand your ground laws, and the majority have been enacted in the last 25 years—with Republican lawmakers enabling citizens to use deadly force to protect themselves from criminals even as crime rates significantly declined over the last three decades.

"This is literally the exact path everyone had predicted for years that the Republican obsession with looser gun laws and 'stand your ground' would lead," said podcast host and writer Fred Wellman. "We said it would get innocents killed. They don't care. That's the price we pay for their fear, racism, and guns."

Ari Freilich, state policy director for the gun control advocacy group Giffords Law Center, told The Guardian Wednesday that none of the suspects in the three cases should be permitted to invoke stand your ground laws in their defense.

"There's no state in the country where the existing laws are such that you can lawfully shoot someone for ringing the doorbell at the wrong house," said Freilich, adding that the cases "fit the pattern we've seen over and over again of racist fear intersecting with really widespread unvetted firearm access, combining in our country to make gun violence the leading cause of death by far for young Black men."

While New York does not have a stand your ground law, gun control advocates this week said the same worldview that has driven states to adopt such statutes, and led the U.S. population to amass about 120 privately owned guns for every 100 Americans, was also likely in play when Monahan allegedly shot Gillis.

"This week, this country is convulsed by a series of horrific shootings where mistakes and minor slights are being met by gunfire," said U.S. Sen. Chris Murphy (D-Conn.) on the Senate floor on Wednesday. "We are becoming a heavily armed nation, so fearful and angry and hair-trigger anxious that gun murders are now just the way in which we work out our frustrations."

Times columnist Jamelle Bouie said the shootings demonstrate the consequences of the $28 billion gun industry's relentless selling of "the fantasy of blowing away anyone who intrudes on your property."

"Wrong-house shootings are a bleak reminder how many of our fellow Americans are armed and waiting for an opportunity to kill," said writer and historian Peter Manseau. "Expect more in the future: It's what happens when people have been sold weapons as 'home defense' for decades; they are desperate to get what they paid for."

"What 'home defense' has done is put Chekhov's gun in millions of American homes," he added. "Sooner or later, many will go off. And when they do, for the most part they will not be used for actual protection. They'll shoot innocent strangers, or family members, or the gun owners themselves."


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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Supreme Court delays until Friday its decision on abortion medication; Antioch City Council orders police department audit after release of racists text messages; Tyre Nichols’ mother sues Memphis over her son’s beating death: The Pacifica Evening News, Weekdays – April 19, 2023 https://www.radiofree.org/2023/04/19/supreme-court-delays-until-friday-its-decision-on-abortion-medication-antioch-city-council-orders-police-department-audit-after-release-of-racists-text-messages-tyre-nichols-mother-sues-mem/ https://www.radiofree.org/2023/04/19/supreme-court-delays-until-friday-its-decision-on-abortion-medication-antioch-city-council-orders-police-department-audit-after-release-of-racists-text-messages-tyre-nichols-mother-sues-mem/#respond Wed, 19 Apr 2023 18:00:00 +0000 http://www.radiofree.org/?guid=09fae336a3072d065b89e732b1e05508  

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This content originally appeared on KPFA - The Pacifica Evening News, Weekdays and was authored by KPFA.

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NARAL Pro-Choice America Responds as Supreme Court Delays Decision On Mifepristone Access https://www.radiofree.org/2023/04/14/naral-pro-choice-america-responds-as-supreme-court-delays-decision-on-mifepristone-access/ https://www.radiofree.org/2023/04/14/naral-pro-choice-america-responds-as-supreme-court-delays-decision-on-mifepristone-access/#respond Fri, 14 Apr 2023 20:49:52 +0000 https://www.commondreams.org/newswire/naral-pro-choice-america-responds-as-supreme-court-delays-decision-on-mifepristone-access-2659860319

"These systems demonstrate capabilities in question answering, and the generation of text, image, and code unimagined a decade ago, and they outperform the state of the art on many benchmarks, old and new," says the report. "However, they are prone to hallucination, routinely biased, and can be tricked into serving nefarious aims, highlighting the complicated ethical challenges associated with their deployment."

As Al Jazeerareported Friday, the analysis "comes amid growing calls for regulation of AI following controversies ranging from a chatbot-linked suicide to deepfake videos of Ukrainian President Volodymyr Zelenskyy appearing to surrender to invading Russian forces."

Notably, the survey measured the opinions of 327 experts in natural language processing—a branch of computer science essential to the development of chatbots—last May and June, months before the November release of OpenAI's ChatGPT "took the tech world by storm," the news outlet reported.

"A misaligned superintelligent AGI could cause grievous harm to the world."

Just three weeks ago, Geoffrey Hinton, considered the "godfather of artificial intelligence," toldCBS News' Brook Silva-Braga that the rapidly advancing technology's potential impacts are comparable to "the Industrial Revolution, or electricity, or maybe the wheel."

Asked about the chances of the technology "wiping out humanity," Hinton warned that "it's not inconceivable."

That alarming potential doesn't necessarily lie with currently existing AI tools such as ChatGPT, but rather with what is called "artificial general intelligence" (AGI), which would encompass computers developing and acting on their own ideas.

"Until quite recently, I thought it was going to be like 20 to 50 years before we have general-purpose AI," Hinton told CBS News. "Now I think it may be 20 years or less."

Pressed by Silva-Braga if it could happen sooner, Hinton conceded that he wouldn't rule out the possibility of AGI arriving within five years, a significant change from a few years ago when he "would have said, 'No way.'"

"We have to think hard about how to control that," said Hinton. Asked if that's possible, Hinton said, "We don't know, we haven't been there yet, but we can try."

The AI pioneer is far from alone. According to the survey of computer scientists conducted last year, 57% said that "recent progress is moving us toward AGI," and 58% agreed that "AGI is an important concern."

In February, OpenAI CEO Sam Altman wrote in a company blog post: "The risks could be extraordinary. A misaligned superintelligent AGI could cause grievous harm to the world."

More than 25,000 people have signed an open letter published two weeks ago that calls for a six-month moratorium on training AI systems beyond the level of OpenAI's latest chatbot, GPT-4, although Altman is not among them.

"Powerful AI systems should be developed only once we are confident that their effects will be positive and their risks will be manageable," says the letter.

The Financial Timesreported Friday that Tesla and Twitter CEO Elon Musk, who signed the letter calling for a pause, is "developing plans to launch a new artificial intelligence start-up to compete with" OpenAI.

"It's very reasonable for people to be worrying about those issues now."

Regarding AGI, Hinton said: "It's very reasonable for people to be worrying about those issues now, even though it's not going to happen in the next year or two. People should be thinking about those issues."

While AGI may still be a few years away, fears are already mounting that existing AI tools—including chatbots spouting lies, face-swapping apps generating fake videos, and cloned voices committing fraud—are poised to turbocharge the spread of misinformation.

According to a 2022 IPSOS poll of the general public included in the new Stanford report, people in the U.S. are particularly wary of AI, with just 35% agreeing that "products and services using AI had more benefits than drawbacks," compared with 78% of people in China, 76% in Saudi Arabia, and 71% in India.

Amid "growing regulatory interest" in an AI "accountability mechanism," the Biden administration announced this week that it is seeking public input on measures that could be implemented to ensure that "AI systems are legal, effective, ethical, safe, and otherwise trustworthy."

Axiosreported Thursday that Senate Majority Leader Chuck Schumer (D-N.Y.) is "taking early steps toward legislation to regulate artificial intelligence technology."


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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NARAL Pro-Choice America Responds as Supreme Court Delays Decision On Mifepristone Access https://www.radiofree.org/2023/04/14/naral-pro-choice-america-responds-as-supreme-court-delays-decision-on-mifepristone-access/ https://www.radiofree.org/2023/04/14/naral-pro-choice-america-responds-as-supreme-court-delays-decision-on-mifepristone-access/#respond Fri, 14 Apr 2023 20:49:52 +0000 https://www.commondreams.org/newswire/naral-pro-choice-america-responds-as-supreme-court-delays-decision-on-mifepristone-access-2659860319

"These systems demonstrate capabilities in question answering, and the generation of text, image, and code unimagined a decade ago, and they outperform the state of the art on many benchmarks, old and new," says the report. "However, they are prone to hallucination, routinely biased, and can be tricked into serving nefarious aims, highlighting the complicated ethical challenges associated with their deployment."

As Al Jazeerareported Friday, the analysis "comes amid growing calls for regulation of AI following controversies ranging from a chatbot-linked suicide to deepfake videos of Ukrainian President Volodymyr Zelenskyy appearing to surrender to invading Russian forces."

Notably, the survey measured the opinions of 327 experts in natural language processing—a branch of computer science essential to the development of chatbots—last May and June, months before the November release of OpenAI's ChatGPT "took the tech world by storm," the news outlet reported.

"A misaligned superintelligent AGI could cause grievous harm to the world."

Just three weeks ago, Geoffrey Hinton, considered the "godfather of artificial intelligence," toldCBS News' Brook Silva-Braga that the rapidly advancing technology's potential impacts are comparable to "the Industrial Revolution, or electricity, or maybe the wheel."

Asked about the chances of the technology "wiping out humanity," Hinton warned that "it's not inconceivable."

That alarming potential doesn't necessarily lie with currently existing AI tools such as ChatGPT, but rather with what is called "artificial general intelligence" (AGI), which would encompass computers developing and acting on their own ideas.

"Until quite recently, I thought it was going to be like 20 to 50 years before we have general-purpose AI," Hinton told CBS News. "Now I think it may be 20 years or less."

Pressed by Silva-Braga if it could happen sooner, Hinton conceded that he wouldn't rule out the possibility of AGI arriving within five years, a significant change from a few years ago when he "would have said, 'No way.'"

"We have to think hard about how to control that," said Hinton. Asked if that's possible, Hinton said, "We don't know, we haven't been there yet, but we can try."

The AI pioneer is far from alone. According to the survey of computer scientists conducted last year, 57% said that "recent progress is moving us toward AGI," and 58% agreed that "AGI is an important concern."

In February, OpenAI CEO Sam Altman wrote in a company blog post: "The risks could be extraordinary. A misaligned superintelligent AGI could cause grievous harm to the world."

More than 25,000 people have signed an open letter published two weeks ago that calls for a six-month moratorium on training AI systems beyond the level of OpenAI's latest chatbot, GPT-4, although Altman is not among them.

"Powerful AI systems should be developed only once we are confident that their effects will be positive and their risks will be manageable," says the letter.

The Financial Timesreported Friday that Tesla and Twitter CEO Elon Musk, who signed the letter calling for a pause, is "developing plans to launch a new artificial intelligence start-up to compete with" OpenAI.

"It's very reasonable for people to be worrying about those issues now."

Regarding AGI, Hinton said: "It's very reasonable for people to be worrying about those issues now, even though it's not going to happen in the next year or two. People should be thinking about those issues."

While AGI may still be a few years away, fears are already mounting that existing AI tools—including chatbots spouting lies, face-swapping apps generating fake videos, and cloned voices committing fraud—are poised to turbocharge the spread of misinformation.

According to a 2022 IPSOS poll of the general public included in the new Stanford report, people in the U.S. are particularly wary of AI, with just 35% agreeing that "products and services using AI had more benefits than drawbacks," compared with 78% of people in China, 76% in Saudi Arabia, and 71% in India.

Amid "growing regulatory interest" in an AI "accountability mechanism," the Biden administration announced this week that it is seeking public input on measures that could be implemented to ensure that "AI systems are legal, effective, ethical, safe, and otherwise trustworthy."

Axiosreported Thursday that Senate Majority Leader Chuck Schumer (D-N.Y.) is "taking early steps toward legislation to regulate artificial intelligence technology."


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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NARAL Pro-Choice America Responds as Supreme Court Delays Decision On Mifepristone Access https://www.radiofree.org/2023/04/14/naral-pro-choice-america-responds-as-supreme-court-delays-decision-on-mifepristone-access-2/ https://www.radiofree.org/2023/04/14/naral-pro-choice-america-responds-as-supreme-court-delays-decision-on-mifepristone-access-2/#respond Fri, 14 Apr 2023 20:43:57 +0000 https://www.commondreams.org/newswire/naral-pro-choice-america-responds-as-supreme-court-delays-decision-on-mifepristone-access

"These systems demonstrate capabilities in question answering, and the generation of text, image, and code unimagined a decade ago, and they outperform the state of the art on many benchmarks, old and new," says the report. "However, they are prone to hallucination, routinely biased, and can be tricked into serving nefarious aims, highlighting the complicated ethical challenges associated with their deployment."

As Al Jazeerareported Friday, the analysis "comes amid growing calls for regulation of AI following controversies ranging from a chatbot-linked suicide to deepfake videos of Ukrainian President Volodymyr Zelenskyy appearing to surrender to invading Russian forces."

Notably, the survey measured the opinions of 327 experts in natural language processing—a branch of computer science essential to the development of chatbots—last May and June, months before the November release of OpenAI's ChatGPT "took the tech world by storm," the news outlet reported.

"A misaligned superintelligent AGI could cause grievous harm to the world."

Just three weeks ago, Geoffrey Hinton, considered the "godfather of artificial intelligence," toldCBS News' Brook Silva-Braga that the rapidly advancing technology's potential impacts are comparable to "the Industrial Revolution, or electricity, or maybe the wheel."

Asked about the chances of the technology "wiping out humanity," Hinton warned that "it's not inconceivable."

That alarming potential doesn't necessarily lie with currently existing AI tools such as ChatGPT, but rather with what is called "artificial general intelligence" (AGI), which would encompass computers developing and acting on their own ideas.

"Until quite recently, I thought it was going to be like 20 to 50 years before we have general-purpose AI," Hinton told CBS News. "Now I think it may be 20 years or less."

Pressed by Silva-Braga if it could happen sooner, Hinton conceded that he wouldn't rule out the possibility of AGI arriving within five years, a significant change from a few years ago when he "would have said, 'No way.'"

"We have to think hard about how to control that," said Hinton. Asked if that's possible, Hinton said, "We don't know, we haven't been there yet, but we can try."

The AI pioneer is far from alone. According to the survey of computer scientists conducted last year, 57% said that "recent progress is moving us toward AGI," and 58% agreed that "AGI is an important concern."

In February, OpenAI CEO Sam Altman wrote in a company blog post: "The risks could be extraordinary. A misaligned superintelligent AGI could cause grievous harm to the world."

More than 25,000 people have signed an open letter published two weeks ago that calls for a six-month moratorium on training AI systems beyond the level of OpenAI's latest chatbot, GPT-4, although Altman is not among them.

"Powerful AI systems should be developed only once we are confident that their effects will be positive and their risks will be manageable," says the letter.

The Financial Timesreported Friday that Tesla and Twitter CEO Elon Musk, who signed the letter calling for a pause, is "developing plans to launch a new artificial intelligence start-up to compete with" OpenAI.

"It's very reasonable for people to be worrying about those issues now."

Regarding AGI, Hinton said: "It's very reasonable for people to be worrying about those issues now, even though it's not going to happen in the next year or two. People should be thinking about those issues."

While AGI may still be a few years away, fears are already mounting that existing AI tools—including chatbots spouting lies, face-swapping apps generating fake videos, and cloned voices committing fraud—are poised to turbocharge the spread of misinformation.

According to a 2022 IPSOS poll of the general public included in the new Stanford report, people in the U.S. are particularly wary of AI, with just 35% agreeing that "products and services using AI had more benefits than drawbacks," compared with 78% of people in China, 76% in Saudi Arabia, and 71% in India.

Amid "growing regulatory interest" in an AI "accountability mechanism," the Biden administration announced this week that it is seeking public input on measures that could be implemented to ensure that "AI systems are legal, effective, ethical, safe, and otherwise trustworthy."

Axiosreported Thursday that Senate Majority Leader Chuck Schumer (D-N.Y.) is "taking early steps toward legislation to regulate artificial intelligence technology."


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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NARAL Pro-Choice America Responds as Supreme Court Delays Decision On Mifepristone Access https://www.radiofree.org/2023/04/14/naral-pro-choice-america-responds-as-supreme-court-delays-decision-on-mifepristone-access-3/ https://www.radiofree.org/2023/04/14/naral-pro-choice-america-responds-as-supreme-court-delays-decision-on-mifepristone-access-3/#respond Fri, 14 Apr 2023 20:43:57 +0000 https://www.commondreams.org/newswire/naral-pro-choice-america-responds-as-supreme-court-delays-decision-on-mifepristone-access

"These systems demonstrate capabilities in question answering, and the generation of text, image, and code unimagined a decade ago, and they outperform the state of the art on many benchmarks, old and new," says the report. "However, they are prone to hallucination, routinely biased, and can be tricked into serving nefarious aims, highlighting the complicated ethical challenges associated with their deployment."

As Al Jazeerareported Friday, the analysis "comes amid growing calls for regulation of AI following controversies ranging from a chatbot-linked suicide to deepfake videos of Ukrainian President Volodymyr Zelenskyy appearing to surrender to invading Russian forces."

Notably, the survey measured the opinions of 327 experts in natural language processing—a branch of computer science essential to the development of chatbots—last May and June, months before the November release of OpenAI's ChatGPT "took the tech world by storm," the news outlet reported.

"A misaligned superintelligent AGI could cause grievous harm to the world."

Just three weeks ago, Geoffrey Hinton, considered the "godfather of artificial intelligence," toldCBS News' Brook Silva-Braga that the rapidly advancing technology's potential impacts are comparable to "the Industrial Revolution, or electricity, or maybe the wheel."

Asked about the chances of the technology "wiping out humanity," Hinton warned that "it's not inconceivable."

That alarming potential doesn't necessarily lie with currently existing AI tools such as ChatGPT, but rather with what is called "artificial general intelligence" (AGI), which would encompass computers developing and acting on their own ideas.

"Until quite recently, I thought it was going to be like 20 to 50 years before we have general-purpose AI," Hinton told CBS News. "Now I think it may be 20 years or less."

Pressed by Silva-Braga if it could happen sooner, Hinton conceded that he wouldn't rule out the possibility of AGI arriving within five years, a significant change from a few years ago when he "would have said, 'No way.'"

"We have to think hard about how to control that," said Hinton. Asked if that's possible, Hinton said, "We don't know, we haven't been there yet, but we can try."

The AI pioneer is far from alone. According to the survey of computer scientists conducted last year, 57% said that "recent progress is moving us toward AGI," and 58% agreed that "AGI is an important concern."

In February, OpenAI CEO Sam Altman wrote in a company blog post: "The risks could be extraordinary. A misaligned superintelligent AGI could cause grievous harm to the world."

More than 25,000 people have signed an open letter published two weeks ago that calls for a six-month moratorium on training AI systems beyond the level of OpenAI's latest chatbot, GPT-4, although Altman is not among them.

"Powerful AI systems should be developed only once we are confident that their effects will be positive and their risks will be manageable," says the letter.

The Financial Timesreported Friday that Tesla and Twitter CEO Elon Musk, who signed the letter calling for a pause, is "developing plans to launch a new artificial intelligence start-up to compete with" OpenAI.

"It's very reasonable for people to be worrying about those issues now."

Regarding AGI, Hinton said: "It's very reasonable for people to be worrying about those issues now, even though it's not going to happen in the next year or two. People should be thinking about those issues."

While AGI may still be a few years away, fears are already mounting that existing AI tools—including chatbots spouting lies, face-swapping apps generating fake videos, and cloned voices committing fraud—are poised to turbocharge the spread of misinformation.

According to a 2022 IPSOS poll of the general public included in the new Stanford report, people in the U.S. are particularly wary of AI, with just 35% agreeing that "products and services using AI had more benefits than drawbacks," compared with 78% of people in China, 76% in Saudi Arabia, and 71% in India.

Amid "growing regulatory interest" in an AI "accountability mechanism," the Biden administration announced this week that it is seeking public input on measures that could be implemented to ensure that "AI systems are legal, effective, ethical, safe, and otherwise trustworthy."

Axiosreported Thursday that Senate Majority Leader Chuck Schumer (D-N.Y.) is "taking early steps toward legislation to regulate artificial intelligence technology."


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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Appellate Court Upholds Most of Radical Decision Threatening Abortion Pill https://www.radiofree.org/2023/04/13/appellate-court-upholds-most-of-radical-decision-threatening-abortion-pill/ https://www.radiofree.org/2023/04/13/appellate-court-upholds-most-of-radical-decision-threatening-abortion-pill/#respond Thu, 13 Apr 2023 17:12:33 +0000 https://www.commondreams.org/newswire/appellate-court-upholds-most-of-radical-decision-threatening-abortion-pill Last night just before midnight, the Fifth Circuit largely refused to block an order from Judge Matthew Kacsmaryk purporting to revoke the Food and Drug Administration (FDA)’s approval of mifepristone—one of two drugs used in medication abortion. The Fifth Circuit’s order attempts to reinstate burdensome restrictions from pre-2016, but does not revoke FDA approval of the drug entirely. If the decision stands, it would limit abortion access in every state. The ruling relies on anecdotes from anti-abortion doctors and groups instead of the FDA’s judgment and hundreds of high-quality studies on safety and efficacy.

“This decision is a wolf in sheep’s clothing,” said Nancy Northup, President and CEO of the Center for Reproductive Rights. “The appellate court order repeats serious errors in Judge Kascmaryk ruling. Again, it is wrong on the facts and the law, resulting in an unprecedented override of the FDA’s scientific judgment. The court rightly found that some claims were filed too late, but that should not distract from the radical assault on the FDA’s decision-making authority and the fact that it will wreak havoc on the provision of medication abortion if it stands.”

Mifepristone was approved by the FDA in 2000 and since that time, medication abortion has been used by nearly 5 million people across the country. Numerous studies have repeatedly shown the safety and efficacy of mifepristone in the two-drug medication abortion regimen. Medication abortion currently accounts for more than half (54%) of all abortions in the U.S., and 98% of medication abortions in 2020 used the two-drug protocol.


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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Federal Judge Throws ‘Science Under the Bus’ With Decision Against EPA Clean Water Rule https://www.radiofree.org/2023/04/12/federal-judge-throws-science-under-the-bus-with-decision-against-epa-clean-water-rule/ https://www.radiofree.org/2023/04/12/federal-judge-throws-science-under-the-bus-with-decision-against-epa-clean-water-rule/#respond Wed, 12 Apr 2023 22:12:16 +0000 https://www.commondreams.org/news/wotus-rule While Big Ag cheered Wednesday's ruling by a federal judge in North Dakota temporarily blocking a key Biden administration clean water rule, Indigenous and environmental groups decried the decision—which critics said threatens critical protections for waterways in over two dozen affected states.

Reutersreports U.S. District Court Judge Daniel Hovland—an appointee of former President George W. Bush—issued a preliminary injunction against the Environmental Protection Agency's (EPA) Waters of the United States (WOTUS) rule after 24 states sued the Biden administration.

"This ruling readily bows to the forces in this country that have been trying for years to gut the Clean Water Act, throwing science under the bus and disregarding water safeguards for downstream communities and tribes," Janette Brimmer, an attorney for the green legal advocacy group Earthjustice who is defending the WOTUS rule on behalf of four Indigenous tribes, said in a statement.

"We will not give in to these forces; we will double down and fight along with our partners to ensure the law and science prevail and the will of the vast majority of citizens for clean water is carried out," Brimmer added.

Last month, Texas and Idaho were granted a separate injunction against the rule by U.S. District Court Judge Jeffrey Brown, who was appointed by former President Donald Trump.

According toProgressive Farmer, Hovland's ruling means that the WOTUS rule—which establishes protections for wetlands and seasonal streams—is now on hold in 24 more states: Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia, and Wyoming.

States shaded in red will be affected by a federal judge's temporary injunction against the Waters of the United States (WOTUS) rule. (Image: Earthjustice)

In 2020, the Trump administration rolled back WOTUS, which originated during the tenure of former President Barack Obama. The Biden administration revived the rule and last December it was finalized by the EPA.

Earlier this month, President Joe Biden vetoed legislation passed by Republicans and corporate Democrats in Congress that would have eviscerated the administration's ability to enforce WOTUS.

Hovland stopped short of issuing the nationwide injunction against WOTUS sought by the American Farm Bureau Federation and other agriculture industry interest groups. Still, Big Ag and Republican politicians in affected states overwhelmingly welcomed the injunction against what they say is a major act of government overreach.

Indigenous leaders, however, slammed Wednesday's ruling.

"Clean water is essential to tribal citizens' spiritual, physical, mental well-being, and survival."

"Clean water is essential to tribal citizens' spiritual, physical, mental well-being, and survival" Gary Harrison, traditional chief of the Chickaloon Native Village in Alaska, said in a statement. "Removing vital clean water safeguards will harm wetlands and streams that sustain tribal citizens, including myself."

G. Anne Richardson, chief of the Rappahannock tribe in Virginia, said that "the court's order threatens to strip vital protections from the network of waters that have been the lifeblood of the Rappahannock Tribe since time immemorial."

"Without the Clean Water Act," she added, "projects that would destroy important wetlands and streams could get rammed through without any opportunity for the tribe to object."


This content originally appeared on Common Dreams and was authored by Brett Wilkins.

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A Hazardous Decision: Supplying Ukraine with Depleted Uranium Shells https://www.radiofree.org/2023/03/30/a-hazardous-decision-supplying-ukraine-with-depleted-uranium-shells/ https://www.radiofree.org/2023/03/30/a-hazardous-decision-supplying-ukraine-with-depleted-uranium-shells/#respond Thu, 30 Mar 2023 05:48:04 +0000 https://www.counterpunch.org/?p=277941 Should they be taking them?  Ukraine is desperate for any bit of warring materiel its armed forces can lay their hands on, but depleted uranium shells would surely not be a model example of use.  And yet, the UK, in an act of killing with kindness, is happy to fork them out to aid the More

The post A Hazardous Decision: Supplying Ukraine with Depleted Uranium Shells appeared first on CounterPunch.org.


This content originally appeared on CounterPunch.org and was authored by Binoy Kampmark.

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‘Huge Blow to the Rule of Law,’ Donziger Says of Supreme Court Decision on Chevron Case https://www.radiofree.org/2023/03/28/huge-blow-to-the-rule-of-law-donziger-says-of-supreme-court-decision-on-chevron-case/ https://www.radiofree.org/2023/03/28/huge-blow-to-the-rule-of-law-donziger-says-of-supreme-court-decision-on-chevron-case/#respond Tue, 28 Mar 2023 16:12:06 +0000 https://www.commondreams.org/news/donziger-supreme-court

Environmental attorney Steven Donziger was joined by a number of U.S. Supreme Court observers on Monday in denouncing a decision by seven of the nine justices, who refused to consider Donziger's case regarding the appointment of three special prosecutors after he was charged with criminal contempt of court.

A number of observers noted that a dissent was signed by two conservative judges, Justices Neil Gorsuch and Brett Kavanaugh—suggesting that the three liberal justices on the high court refused to give Donziger a hearing of his appeal, essentially siding with oil giant Chevron.

Donziger sued Chevron in the 1990s on behalf of a group of Ecaudorian people who argued Chevron had polluted their community, and helped them win $9.5 billion in the class action lawsuit.

"The three liberal Supreme Court justices decided to let Donziger's absurd contempt conviction stand," said journalist Alex Shultz of the San Francisco Chronicle.

Donziger was jailed for six months—including 136 days under house arrest at the end of his sentence in addition to 800 days under house arrest while he awaited trial—after being charged with contempt of court in 2021 for refusing to turn over his electronic devices to Chevron lawyers in a case filed by the company. The fossil fuel company argued Donziger had won the lawsuit for the Ecuadorians through "coercion, fraud, and bribery."

The judge appointed three special prosecutors after the U.S. attorney for the Southern District of New York declined to prosecute Donziger for contempt of court.

Donziger argued the judge had no right to appoint private attorneys as special prosecutors, saying the move violated the Appointments Clause of the Constitution and that the judge wrongly overrode the U.S. attorney's discretion.

The Supreme Court's refusal to hear his case, said Donziger, represents "a huge blow to the rule of law."

The attorney was among those who pointed to Gorsuch's argument in favor of hearing the case, in which the Trump-appointed right-wing justice said his prosecution by three private lawyers "broke a basic constitutional promise essential to our liberty."

"He's got a point," wrote journalist Ian Millhiser at Vox. "Especially in an era where litigants with an axe to grind can choose which judge will hear their case, permitting the judiciary to decide who to prosecute—and then to hear the very same cases brought by its own court-appointed prosecutors—vests far too much power in unelected judges. If courts have this authority, it is likely to be abused by some of the most partisan judges in the country."

Convicting someone of a federal crime generally requires two branches of government—prosecutors representing the executive branch and judges representing the judiciary—to agree on the accused person's guilt.

In Donziger's case, the judiciary branch acted on its own to prosecute the lawyer.

"The Constitution gives courts the power to 'serve as a neutral adjudicator in a criminal case,' not 'the power to prosecute crimes," wrote Gorsuch in the dissenting opinion. "Our Constitution does not tolerate what happened here."

By refusing to hear Donziger's appeal, the majority of justices—including liberal Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson—"endorsed the persecution of Donziger" by Chevron, said author and Yale University history professor Greg Grandin.

"A corporatist Supreme Court is there to serve corporations more than to serve the Constitution," noted author Marianne Williamson.

While the details of Donziger's case are "absolutely shocking," said former U.S. Rep. Tom Winter (D-Mont.), "what's not shocking [is] our Supreme Court, as an institution, being just fine with corporate capture of the legal system."

Millhiser pointed out that the Supreme Court's refusal to hear Donziger's case could have implications for the pending ruling regarding the legality of the Food and Drug Administration's approval of a common abortion drug. Trump-appointed Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas is expected to rule in the case in the coming days:

Armed with the additional power to initiate prosecutions, even if this power is limited to contempt of court cases, a partisan judge like Kacsmaryk could potentially issue a nationwide injunction prohibiting anyone from performing an abortion, even in states where it is legal. Then, because anyone who violates a court order can potentially be held in contempt, Kacsmaryk could appoint his own hand-picked prosecutors to target anyone who violates his self-imposed abortion ban.

If Kacsmaryk, or a similarly partisan judge, attempted this move today, Attorney General Merrick Garland would almost certainly fire any prosecutor that Kacsmaryk appointed. But, in a Republican administration, the attorney general would likely be much more reluctant to exercise such authority.

"Gorsuch is right," said Millhiser, "to warn us against a regime that upends this balance of power."


This content originally appeared on Common Dreams and was authored by Julia Conley.

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How Far Do We Go to Save a Species? https://www.radiofree.org/2023/03/24/how-far-do-we-go-to-save-a-species/ https://www.radiofree.org/2023/03/24/how-far-do-we-go-to-save-a-species/#respond Fri, 24 Mar 2023 01:34:02 +0000 https://dissidentvoice.org/?p=138991 Robin Waples: University of Washington (NOAA Fisheries, retired) Topic: On the shoulders of giants: Under-appreciated studies in salmon biology with lasting influence. In 1675 Isaac Newton wrote, “If I have seen further, it is by standing on the shoulders of giants.” This idea epitomizes the way that science progresses by incremental steps, punctuated occasionally by […]

The post How Far Do We Go to Save a Species? first appeared on Dissident Voice.]]>

Robin Waples: University of Washington (NOAA Fisheries, retired)

Topic: On the shoulders of giants: Under-appreciated studies in salmon biology with lasting influence.

Today, Earthjustice joins with a broad and unified coalition of Tribes, Bristol Bay residents, commercial and sport fishers, environmental organizations, businesses, and many others to celebrate the Environmental Protection Agency’s Final Determination protecting the Bristol Bay watershed under Section 404(c) of the Clean Water Act.

The EPA’s Final Determination is a hard-won victory by all those who have been fighting for decades to stop the Pebble Mine project. It follows an earlier decision by the Army Corps of Engineers to deny a key permit to Pebble Mine. Collectively, these decisions effectively spell victory in the decades-long fight to protect Bristol Bay from Pebble Mine.

Earthjustice is honored to stand with Tribes and other regional leaders – the United Tribes of Bristol Bay, Bristol Bay Economic Development Corporation, Bristol Bay Native Association, Bristol Bay Native Corporation, local Tribes and municipalities, village corporations, non-governmental organizations, nonprofits and more – in thanking the EPA and the Biden Administration for listening to concerns raised by local and national stakeholders and taking this important step to protect this critical watershed and people it supports.

Two out of three Alaskans oppose the Pebble Mine and support these protections. If today’s Final Determination is challenged in court, as expected, those plaintiffs will not be representing the wishes of most Alaskans or many Americans.

Today’s decision is an important step in preserving Bristol Bay and its residents’ way of life. It will now be more important than ever for elected leaders to continue fighting to ensure Bristol Bay and its ecosystem will thrive and provide for future generations.

The following statements from Earthjustice and our clients were issued in response to today’s news. For additional quotes from the Bristol Bay region or to be connected with the Bristol Bay Defense Fund coalition, please contact Grace Nolan at grace@team-arc.com.

Bonnie Gestring, Northwest Program Director, Earthworks:

“We’re thrilled to see the Environmental Protection Agency fulfill its commitment to the people of Alaska to provide enduring protection for Bristol Bay, its economy, its salmon, and its people from the dangerous and destructive Pebble Mine. Congratulations to the Biden administration and EPA for seeing this landmark decision through. We are proud to stand in support of the Bristol Bay Tribes and commercial fishermen whose lives and livelihoods depend on this thriving fishery.”

Marc Fink, Senior Attorney, Center for Biological Diversity:

“We applaud the EPA for taking this critical step to protect the irreplaceable ecosystems of Alaska’s Bristol Bay. From salmon and grizzly bears to the rare Iliamna Lake seals, a remarkable array of wildlife depends on this watershed. This should be the final nail in the coffin of the disastrous Pebble Mine proposal, but we’ll keep fighting until this watershed is permanently protected.”

Erin Colón, Senior Attorney, Earthjustice:

“After a fierce, decades-long battle waged by the people of Bristol Bay and so many others, EPA today followed the law and science to establish enduring protections for the Bristol Bay watershed under the Clean Water Act. This is a major victory worth celebrating, but we cannot rest until even more permanent protections are in place. The Bristol Bay watershed is one of the world’s great ecosystems, and the way of life and the abundant future it supports is worth the fight. Earthjustice is committed to continuing to represent those who oppose unlawful and destructive mining projects like the proposed Pebble Mine.”

Background

Pebble Mine, a vast, open-pit copper and gold mine proposed in prime salmon habitat in the Bristol Bay watershed, has for decades threatened the way of life for the region’s residents and all others who depend on its abundant salmon populations. Today’s Final Clean Water Act Determination issued by the EPA should spell the end of the Pebble Mine proposal.

Years of litigation by Earthjustice and others on behalf of both regional and national clients have supported the coalition’s efforts to stop the Pebble Mine.

In 2010, six Bristol Bay Tribes asked the EPA to protect the Bristol Bay watershed from the Pebble Mine. An initial assessment released by the EPA in 2014 concluded a mine could have unacceptable impacts. Later that year, the EPA issued a Proposed Determination restricting the use of parts of the watershed to dispose of material from mining.

Unfortunately, Pebble Mine developers challenged those actions in three lawsuits against the EPA, asking the courts to throw out both the assessment and the Proposed Determination. Although those lawsuits did not succeed, EPA was temporarily blocked from finalizing the proposed protections.

Then in 2017, under the Trump administration, the EPA settled with the Pebble developers, agreeing to consider withdrawing its prior determination. Again, tens of thousands of concerned members of the public told the EPA to protect the Bristol Bay watershed. EPA reversed course and withdrew its prior determination to put protections in place.

In 2019, Earthjustice, representing Earthworks, joined Tribes, Tribal organizations, and many other Bristol Bay champions in a lawsuit challenging that withdrawal. Ultimately, the United States Court of Appeals for the Ninth Circuit agreed that the withdrawal was unlawful and reinstated the agency’s Clean Water Act decision process, clearing the way for EPA to follow the extensive scientific record supporting the need for protections. Earthjustice filed comments on behalf of Earthworks, Friends of the Earth U.S., and the Center for Biological Diversity urging EPA to finalize robust protections. Today’s Final Determination marks the culmination of that process.

Meanwhile, the U.S. Army Corps of Engineers — the federal agency leading the process to permit the Pebble Mine — denied the key permit for Pebble Mine on Nov. 25, 2020. The Corps decision highlighted many of the concerns that opponents of the project, including Earthjustice, have pointed out all along. That denial is under appeal by the Pebble Partnership.


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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Meta’s decision on Trump is a huge distraction from thoughtful debate about content moderation and how to address the harms of Big Tech https://www.radiofree.org/2023/01/26/metas-decision-on-trump-is-a-huge-distraction-from-thoughtful-debate-about-content-moderation-and-how-to-address-the-harms-of-big-tech/ https://www.radiofree.org/2023/01/26/metas-decision-on-trump-is-a-huge-distraction-from-thoughtful-debate-about-content-moderation-and-how-to-address-the-harms-of-big-tech/#respond Thu, 26 Jan 2023 17:21:24 +0000 https://www.commondreams.org/newswire/metas-decision-on-trump-is-a-huge-distraction-from-thoughtful-debate-about-content-moderation-and-how-to-address-the-harms-of-big-tech

"Much of the water pollution from refineries is legal," EIP's report explains, "because EPA and the states have failed to set any limits on certain pollutants and have failed to update and modernize permit limits for other pollutants" despite the Clean Water Act's mandate that EPA does so. "But a portion of the problem is also illegal. As it turns out, EPA and state enforcement of existing permit limits for refineries is lax and rarely results in penalties for violations."

"Almost 83% of refineries (67 of 81) exceeded their permitted limits on water pollutants at least once between 2019 to 2021, according to EPA enforcement and compliance records," the report notes. "But only about a quarter of the refineries with violations (15 of the 67) were penalized during this period."

Other key findings of the report, titled Oil's Unchecked Outfalls, include:

  • Wastewater discharged by 68% of the refineries examined (55 of 81) contributes to the "impairment" of downstream waterways—meaning they are too polluted to support aquatic life or allow for recreational uses like swimming or fishing.
  • U.S. refineries are often old–averaging 74 years, but some dating back to the 1880s—and many have antiquated and inadequate pollution control systems. Most have also expanded over the last forty years, increasing both the volume and variety of pollutants they discharge. But EPA has not updated its standards for refineries since 1985.
  • Two-thirds of the refineries examined by EIP (56 of 81) are located in areas where the percentage of low-income households within three miles exceeds the national average, and over half are located in areas where the percentage of people of color exceeds the national average.
  • Sixty-seven refineries were flagged by EPA as violating permitted pollution limits 904 times between 2019 and 2021, including for dumping excessive amounts of cyanide, zinc, total suspended solids, ammonia, and oil and grease.

"Oil refineries are major sources of water pollution that have largely escaped public notice and accountability in the U.S., and too many release a witches' brew of contaminants to our rivers, lakes, and estuaries," EIP executive director Eric Schaeffer said in a statement. "This is because of lax federal standards based on wastewater treatment methods that are nearly forty years old."

"The Clean Water Act requires EPA to impose more stringent standards that reflect the advanced wastewater treatment methods available today," said Schaeffer, former director of civil enforcement at EPA. "After decades of neglect, EPA needs to comply with the law and set strong effluent limits for refineries that protect public health and environment. EPA and the states also need to start enforcing the limits that exist and penalizing polluters."

EIP identified which refineries are the top dischargers of key pollutants. When it comes to selenium, the Chevron El Segundo Refinery in California and the Motiva Port Arthur Refinery in Texas are the worst offenders, each dumping more than 12 pounds per day into local waterways. The Phillips 66 Wood River Refinery in Illinois and the BP Cherry Point Refinery in Washington pour out more nickel than any other facility in the country. El Segundo is also the biggest discharger of nitrogen, at 4,351 pounds per day, followed by the PBF Delaware City Refinery’s 3,283 pounds per day. For total dissolved solids, the worst offenders are the ExxonMobil Baytown Refinery (347,345 pounds per day) and the Valero Corpus Christi Bill Greehey Refinery (291,527 pounds per day), both in Texas.

EIP also documented the worst refineries for permit violations from 2019 to 2021. The Hunt Southland Refinery in Mississippi exceeded its permitted pollution limits 144 times during that time period but faced just two Clean Water Act enforcement actions totaling $85,500. The Phillips 66 Sweeny Refinery in Texas, meanwhile, ran up 44 violations but was hit with just a single $30,000 fine.

"After decades of neglect, EPA needs to comply with the law and set strong effluent limits for refineries that protect public health and environment. EPA and the states also need to start enforcing the limits that exist and penalizing polluters."

"EPA's national discharge limits for refineries apply to just ten pollutants, including ammonia, chromium, and oil and grease," states the report. "These skeletal standards do not begin to address the variety and volume of dangerous contaminants found in the wastewater from refining processes."

For example, the report documents that refineries are "a notable source" of toxic "forever chemicals" (PFAS, or per- and polyfluoroalkyl substances), in part because they use firefighting foams that contain them. Even though PFAS have been linked to numerous adverse health impacts, EPA's newly released plan for regulating industrial discharges does not establish limits on these synthetic compounds in refinery wastewater.

"EPA's current rules for refineries are almost 40 years old, based on outdated treatment methods, and do not even apply to most of the pollutants that refineries discharge," says EIP's report. "EPA needs to waste no further time and move quickly to update these standards and impose the more stringent discharge limits the law requires."

"The states and the EPA also need to penalize permit violations more consistently so that refining companies have an economic incentive to clean up waterways," the report continues. "Currently, most violations by refineries are not penalized at all, and when they are, the amounts are paltry compared to the profitability of the industry. More stringent enforcement will provide a financial incentive for violators to update their pollution control systems and improve their operations to protect public health and the environment."

Bruze Reznick, executive director of Los Angeles Waterkeeper, lamented that "once again, the U.S. government has turned a blind eye while oil and gas companies pollute our environment, including our sensitive marine ecosystems, and disproportionately harm our frontline communities."

"We must now put the spotlight on oil refineries' essentially unregulated water pollution and demand that EPA fulfill its duty under the Clean Water Act by setting, updating, and actually enforcing discharge limits for these refineries," said Reznick.

He was echoed by Sejal Choksi-Chugh, executive director of San Francisco Baykeeper, who said that "it's high time for EPA to crack down on the toxic pollution from oil refineries that's threatening both wildlife and human health."

EIP researchers argued that "EPA's failure to require the cleanup of refinery wastewater is a part of a wider pattern."

"Most of the discharge limits in effect today for industries across the U.S. were established well before the end of the last century," the report points out. "According to the latest state water quality reports, about half of America's rivers, streams, and lakes, and a quarter of our estuaries are too polluted to support aquatic life, swimming, fishing, or to supply drinking water. The 1972 Clean Water Act promised to make all waters fishable and swimmable, but we are only halfway home to that goal more than fifty years later."


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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Sunak likely unaware of decision to waive sanctions for Putin ally, says No.10 https://www.radiofree.org/2023/01/25/sunak-likely-unaware-of-decision-to-waive-sanctions-for-putin-ally-says-no-10/ https://www.radiofree.org/2023/01/25/sunak-likely-unaware-of-decision-to-waive-sanctions-for-putin-ally-says-no-10/#respond Wed, 25 Jan 2023 15:37:03 +0000 https://www.opendemocracy.net/en/rishi-sunak-prigozhin-government-russia-ukraine-santions-wagner-bellingcat-eliot-higgins/ PM denies involvement in key Treasury decision while chancellor – raising questions over lack of ministerial scrutiny


This content originally appeared on openDemocracy RSS and was authored by Ruby Lott-Lavigna.

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Biden 2024 Decision Pits the Party’s Elites Against Most Democrats https://www.radiofree.org/2023/01/25/biden-2024-decision-pits-the-partys-elites-against-most-democrats/ https://www.radiofree.org/2023/01/25/biden-2024-decision-pits-the-partys-elites-against-most-democrats/#respond Wed, 25 Jan 2023 06:35:14 +0000 https://www.counterpunch.org/?p=272436

Photo by Jon Tyson

Denial at the top of the Democratic Party about Joe Biden’s shaky footing for a re-election run in 2024 became more untenable over the weekend. As the New York Times reported, investigators “seized more than a half-dozen documents, some of them classified, at President Biden’s residence” in Delaware. The newspaper noted that “the remarkable search of a sitting president’s home by federal agents — at the invitation of Mr. Biden’s lawyers — dramatically escalated the legal and political situation for the president.”

Donald Trump’s obstructive refusal to cooperate with the federal investigation into the far more numerous classified documents in his possession stands in sharp contrast with Biden’s apparently full cooperation with the Justice Department. Yet Biden now faces a documents scandal that’s sure to fester for quite a while — the average length of special counsel investigations has been upwards of 900 days — and the impacts on his plans to seek re-election are unclear.

Meanwhile, here’s an assumption so routine that it passes as self-evident among power brokers and corporate-media journalists: Democratic voters are presumed to be mere spectators awaiting Biden’s decision on whether to seek a second term. Hidden in plain sight is a logical question that remains virtually off-limits to raise in standard political discourse: Why not ask them?

What a concept. Biden could actually seek guidance from the Democratic base — the people who regularly turn out to vote for the party’s candidates, give millions of small-dollar donations and do priceless volunteer work in support of campaigns to defeat Republicans.

Biden’s decision on whether to run again should be seen as much more than just a matter of personal prerogative. Rather than treating it as such, Biden could put party and country first by recognizing that the essential Democratic task of defeating the Republican ticket in 2024 will require widespread enthusiasm from grassroots Democrats. Biden would be boosting the chances of beating the GOP by including those Democrats in the decision-making process as he weighs whether to officially declare his candidacy.

But there’s one overarching reason why the Biden White House has no interest in any such idea. The president doesn’t want to ask the question of loyal Democratic voters because he probably wouldn’t like the answer. His stance is clear: It’s my party and I’ll run if I want to.

A glimmer of that attitude showed through during a news conference shortly after the midterm election. Noting that “two-thirds of Americans in exit polls say that they don’t think you should run for re-election,” a reporter asked: “What is your message to them?” Biden’s reply: “Watch me.” Later, CNN and CNBC polls found that nearly 60 percent of Democrats didn’t want Biden to run again. Yet from all indications, he still intends to do just that.

Defying the wishes of most of the party’s voters could be spun as leadership, but a more fitting word is hubris. Whatever the characterization, it runs a serious risk of self-defeat. For instance, only wishful thinking leads to a belief that the Democratic presidential nominee next year can win without a strong turnout from those who represent the party’s bedrock base and its future — the young.

Biden’s “watch me” attitude is especially out of whack in relation to youthful Democratic voters. A New York Times poll last summer found that a stunning 94 percent of them under age 30 said they didn’t want Biden to be the party’s nominee. Such a disconnect spells trouble if Biden does run. Too many young people might heed the “watch me” attitude by declining to volunteer or vote for Biden before he goes down to defeat.

In normal times, a president’s renomination has been his for the taking. But in this case, when most of the party’s supporters don’t want him to run, exercising raw intra-party leverage to get nominated would indicate a high degree of political narcissism. It’s hardly a good look or an auspicious path.

If he runs in 2024, Joe Biden would be the foremost symbol of the status quo — not a good position to be in when faux populism will predictably be the name of the Republican game. In a poll last November, only 21 percent of registered voters told Hart Research that the country was “headed in the right direction” while 72 percent said it was “off on the wrong track.”

For the president, gaining the Democratic nomination next year would likely be much easier than winning the White House for a second time. If Biden is content to become the party’s nominee again while ignoring the majority of Democrats who don’t want him to run, he’ll be boosting the chances that a Republican will get to work in the Oval Office two years from now. To prevent such a catastrophe, grassroots Democrats will need to directly challenge the party elites who seem willing to whistle past the probable graveyard of Biden’s second-term hopes.


This content originally appeared on CounterPunch.org and was authored by Norman Solomon.

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‘Catastrophic Decision’: Progressives Rip Choice of Jeff Zients for Chief of Staff https://www.radiofree.org/2023/01/23/catastrophic-decision-progressives-rip-choice-of-jeff-zients-for-chief-of-staff/ https://www.radiofree.org/2023/01/23/catastrophic-decision-progressives-rip-choice-of-jeff-zients-for-chief-of-staff/#respond Mon, 23 Jan 2023 11:45:56 +0000 https://www.commondreams.org/news/progressives-jeff-zients

Reports Sunday that President Joe Biden has chosen Jeff Zients to replace outgoing White House Chief of Staff Ron Klain were met with alarm among progressive watchdogs, who pointed to Zients' disastrous tenure as the administration's coronavirus czar as well as his history in the corporate world—where he built a fortune investing in healthcare companies accused of fraud.

Klain, who developed a solid working relationship with progressives in Congress, is expected to depart shortly after Biden's State of the Union address on February 7.

Revolving Door Project executive director Jeff Hauser called the elevation of Zients to White House chief of staff a "catastrophic decision," saying in a statement that "the Biden administration has been at its best when it has been on the attack against corporate excesses that wide majorities of Americans find abhorrent."

"Americans are appalled by profiteering in healthcare—Jeff Zients has become astonishingly rich by profiteering in healthcare," said Hauser. "Americans are aghast at how social media companies have built monopolies and violated privacy laws—Zients served on the Board of Directors of Facebook as it was defending itself against growing attacks from both political parties."

The Revolving Door Project's Daniel Boguslaw and Max Moran wrote for The American Prospect last year that Zients—who was replaced as Covid-19 response coordinator back in April—has "controlled, invested in, and helped oversee" healthcare companies that "were forced to pay tens of millions of dollars to settle allegations of Medicare and Medicaid fraud."

"They have also been accused of surprise-billing practices and even medical malpractice," Boguslaw and Moran noted. "Taken together, an examination of the companies that made Zients rich paints a picture of a man who seized on medical providers as a way to capitalize on the suffering of sick Americans. In the end, it seems to have all paid off."

"The most egregious violation is documented in a 2015 Justice Department settlement announcement," they added. "Portfolio Logic—the investment firm Zients founded with his own money—agreed to pay almost $7 million to resolve allegations of fraudulent Medicare and Medicaid billing, involving a subsidiary (Pediatric Services of America Healthcare, or PSA) that it purchased in 2007."

"Hopefully Zients will prove us wrong—but unless that unlikely and fortuitous surprise occurs, Biden will need a quick hook."

Progressives have also been highly critical of Zients' performance in government.

In early 2022, Boguslaw urged the Biden administration to fire Zients over his "failure to "provide the materials necessary to improve the U.S. response" to Covid-19 "or the guidance necessary to keep the pandemic under control."

Following news that he would be leaving the coronavirus response post, Public Citizen's Robert Weissman lamented that Zients "refused to pay appropriate attention to global solutions to the global pandemic, because of political concerns or otherwise."

"And the Zients-led Covid response refused to challenge Big Pharma's monopoly control, in the U.S. and globally, over technologies that relied crucially on public support," Weissman continued. "As a result, the United States and other rich countries failed to expand vaccine supply sufficiently to meet global need. Without adequate supply, efforts to bolster low-income country distribution and delivery systems consequently have lagged and been similarly under-resourced."

During his time as pandemic response coordinator, Zients was far and away the wealthiest member of Biden's cabinet, disclosing assets worth at least $89.3 million and as much as $442.8 million.

Citing the Revolving Door Project's work, progressive strategist Murshed Zaheed said Sunday that "Zients as a businessman embodies much of the corporate misconduct the executive branch led by a Democratic Party ought to be cracking down on."

But the Biden White House doesn't appear remotely concerned about Zients' corporate past.

With Biden expected to launch a bid for reelection in the coming weeks, The New York Timesreported that "the president could lean on" Zients to "help run the government while other advisers focus on the politics of winning a second term."

Hauser said Sunday that "hopefully Zients will prove us wrong—but unless that unlikely and fortuitous surprise occurs, Biden will need a quick hook."


This content originally appeared on Common Dreams and was authored by Jake Johnson.

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‘Catastrophic Decision’: Progressives Rip Choice of Jeff Zients for Chief of Staff https://www.radiofree.org/2023/01/23/catastrophic-decision-progressives-rip-choice-of-jeff-zients-for-chief-of-staff-2/ https://www.radiofree.org/2023/01/23/catastrophic-decision-progressives-rip-choice-of-jeff-zients-for-chief-of-staff-2/#respond Mon, 23 Jan 2023 11:45:56 +0000 https://www.commondreams.org/news/progressives-jeff-zients

Reports Sunday that President Joe Biden has chosen Jeff Zients to replace outgoing White House Chief of Staff Ron Klain were met with alarm among progressive watchdogs, who pointed to Zients' disastrous tenure as the administration's coronavirus czar as well as his history in the corporate world—where he built a fortune investing in healthcare companies accused of fraud.

Klain, who developed a solid working relationship with progressives in Congress, is expected to depart shortly after Biden's State of the Union address on February 7.

Revolving Door Project executive director Jeff Hauser called the elevation of Zients to White House chief of staff a "catastrophic decision," saying in a statement that "the Biden administration has been at its best when it has been on the attack against corporate excesses that wide majorities of Americans find abhorrent."

"Americans are appalled by profiteering in healthcare—Jeff Zients has become astonishingly rich by profiteering in healthcare," said Hauser. "Americans are aghast at how social media companies have built monopolies and violated privacy laws—Zients served on the Board of Directors of Facebook as it was defending itself against growing attacks from both political parties."

The Revolving Door Project's Daniel Boguslaw and Max Moran wrote for The American Prospect last year that Zients—who was replaced as Covid-19 response coordinator back in April—has "controlled, invested in, and helped oversee" healthcare companies that "were forced to pay tens of millions of dollars to settle allegations of Medicare and Medicaid fraud."

"They have also been accused of surprise-billing practices and even medical malpractice," Boguslaw and Moran noted. "Taken together, an examination of the companies that made Zients rich paints a picture of a man who seized on medical providers as a way to capitalize on the suffering of sick Americans. In the end, it seems to have all paid off."

"The most egregious violation is documented in a 2015 Justice Department settlement announcement," they added. "Portfolio Logic—the investment firm Zients founded with his own money—agreed to pay almost $7 million to resolve allegations of fraudulent Medicare and Medicaid billing, involving a subsidiary (Pediatric Services of America Healthcare, or PSA) that it purchased in 2007."

"Hopefully Zients will prove us wrong—but unless that unlikely and fortuitous surprise occurs, Biden will need a quick hook."

Progressives have also been highly critical of Zients' performance in government.

In early 2022, Boguslaw urged the Biden administration to fire Zients over his "failure to "provide the materials necessary to improve the U.S. response" to Covid-19 "or the guidance necessary to keep the pandemic under control."

Following news that he would be leaving the coronavirus response post, Public Citizen's Robert Weissman lamented that Zients "refused to pay appropriate attention to global solutions to the global pandemic, because of political concerns or otherwise."

"And the Zients-led Covid response refused to challenge Big Pharma's monopoly control, in the U.S. and globally, over technologies that relied crucially on public support," Weissman continued. "As a result, the United States and other rich countries failed to expand vaccine supply sufficiently to meet global need. Without adequate supply, efforts to bolster low-income country distribution and delivery systems consequently have lagged and been similarly under-resourced."

During his time as pandemic response coordinator, Zients was far and away the wealthiest member of Biden's cabinet, disclosing assets worth at least $89.3 million and as much as $442.8 million.

Citing the Revolving Door Project's work, progressive strategist Murshed Zaheed said Sunday that "Zients as a businessman embodies much of the corporate misconduct the executive branch led by a Democratic Party ought to be cracking down on."

But the Biden White House doesn't appear remotely concerned about Zients' corporate past.

With Biden expected to launch a bid for reelection in the coming weeks, The New York Timesreported that "the president could lean on" Zients to "help run the government while other advisers focus on the politics of winning a second term."

Hauser said Sunday that "hopefully Zients will prove us wrong—but unless that unlikely and fortuitous surprise occurs, Biden will need a quick hook."


This content originally appeared on Common Dreams and was authored by Jake Johnson.

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I Think I Know Who Leaked the Supreme Court Decision Killing Roe https://www.radiofree.org/2023/01/20/i-think-i-know-who-leaked-the-supreme-court-decision-killing-roe/ https://www.radiofree.org/2023/01/20/i-think-i-know-who-leaked-the-supreme-court-decision-killing-roe/#respond Fri, 20 Jan 2023 14:50:03 +0000 https://www.commondreams.org/opinion/who-leaked-supreme-court-dobbs-decision

The U.S. Supreme Court yesterday announced that an internal investigation failed to identify the person who leaked a draft of the Court’s opinion in Dobbs v. Jackson Women's Health Organization — the opinion that overturned Roe v. Wade, the 1973 decision that had established a constitutional right to abortion.

The Court’s marshal, Gail A. Curley, who oversaw the inquiry, said investigators had conducted 126 formal interviews of 97 employees, all of whom had denied being the source of the leak. (In a one-page statement accompanying the report, Michael Chertoff, a former secretary of the Department of Homeland Security, asserted that Curley’s team had conducted a thorough investigation and he could not “identify any additional useful investigative measures” they should have taken.)

This shouldn’t end the matter.

A modern Sherlock Holmes might well conclude that the leaker was … Justice Samuel Alito, Jr.

First, it’s unlikely any of the justices was interviewed. The report said all witnesses were told they could be dismissed if they refused to answer questions. That’s a dead giveaway: Supreme Court justices cannot be dismissed from their jobs.

Even if uncontroverted evidence emerges that Alito leaked the Dobbs decision, there’s nothing the Supreme Court could do to discipline him.

Second, Alito had a motive for leaking. He wrote the draft in Dobbs and got four other justices to tentatively sign on. He presumably wanted to lock them in. Leaking the draft was a way to do so.

Third, Alito is already under suspicion for leaking another draft Court opinion that he authored, which marked another triumph for the religious right.

On November 19, the New York Times quoted Christian minister Rob Schenck as claiming that in 2014 Alito divulged the outcome of a Supreme Court case known as Hobby Lobby, which he authored — weeks before the opinion was released to the public. According to Rev. Schenck, Alito’s leak occurred when he and his wife were dining with a couple who were secretly collaborating with Schenck. Hobby Lobby allowed religious exemptions to the Affordable Care Act’s contraceptive coverage requirement for certain for-profit corporations.

Alito has denied the allegation.

Even if uncontroverted evidence emerges that Alito leaked the Dobbs decision, there’s nothing the Supreme Court could do to discipline him. The Court has no code of conduct or rules of ethics. (Think Clarence Thomas.) Partly for this reason, public trust in the Supreme Court has been plummeting.

The last Congress introduced the Supreme Court Ethics, Recusal, and Transparency Act which would, among other things, require the Court to adopt a binding code of conduct. With Republicans in control of the House, the current Congress is unlikely to do the same.

But the Court need not await Congress. If Chief Justice John Roberts doesn’t want to be remembered as the Chief who allowed the Court to drown in disrepute, he will take the lead in creating clear ethical rules that all Supreme Court justices will swear to abide.


This content originally appeared on Common Dreams and was authored by Robert Reich.

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Constraining Corporate Purpose Shouldn’t be the Corporation’s Decision https://www.radiofree.org/2023/01/10/constraining-corporate-purpose-shouldnt-be-the-corporations-decision/ https://www.radiofree.org/2023/01/10/constraining-corporate-purpose-shouldnt-be-the-corporations-decision/#respond Tue, 10 Jan 2023 17:10:40 +0000 https://www.commondreams.org/opinion/constraining-corporate-purpose

The New York Times recently asked the question: “Have the Anticapitalists Reached Harvard Business School?“ In past generations, Students at Harvard Business School, Yale School of Management, and other similar institutions would almost certainly learn that “there is one and only one social responsibility of business—to use its resources and engage in activities designed to increase its profits so long as it stays within the rules of the game, which is to say, engages in open and free competition without deception fraud.”

This is Milton Friedman, in a famous 1970 Op-Ed, also published in the New York Times. Now, students of elite business schools are, apparently, dissatisfied with this purpose, and are eager to question and even challenge this fundamental assumption—at least for a while. “[M]anagement professors have realized that their students, more than in previous decades, are looking for lessons that go beyond accounting,” the Times reports. “They want to discuss business’s role in society, how it has created social ills and how it may help solve them. Mr. Rouen, at Harvard, said the demand for classes on social impact and E.S.G. had been so high that those themes had been integrated into nearly every introductory class, including accounting.”

This is not an entirely new development. A few years ago, the influential Business Roundtable issued a statement regarding corporate purpose. The statement suggested that—again, contrary to Milton Friedman—corporations should no longer strive solely to increase shareholder value. Corporations should also consider, the statement suggests, the needs of the corporation’s customers, employees, suppliers, and communities generally. Increasing shareholder value is still a goal, naturally. But this is the final point in the Business Roundtable’s statement, rather than first and foremost, as previously presumed.

If a new generation of CEOs, business school graduates, and management gurus can change the direction of global capitalism, address climate change, reduce poverty, etc., then we should all be grateful. But this entire discussion raises an obvious question. Why should these individuals choose the ultimate purposes of our most powerful corporations, rather than an institution that, at least theoretically, expresses the goals and values of the entire population—that is, the government and its legal system?

A corporation is, after all, a legal institution offering a certain benefit to entrepreneurs—limited liability. A state’s laws grant individuals, provided they file certain forms in certain state offices, the ability to conduct business in the name of a fictional person. The business’ liabilities are then limited, in all but very rare cases, to that fictional person. This protects the personal wealth of entrepreneurs. Individuals can engage in business enterprise without having to expose their personal assets to the liabilities of failure. My business might file for bankruptcy, but thanks to the protection of the laws of incorporation, the business’ creditors can’t seize my home if the business’ liabilities exceed its assets.

The social benefit of limited liability? It encourages entrepreneurship. Ostensibly, economic growth benefits everyone. But with looming environmental threats and persistent global poverty, students at even the most elite business schools are growing skeptical. As the Times reports, “Curtis Welling, a professor at Dartmouth’s Tuck School of Business, asks his students every year whether capitalism needs to be reformed. A decade ago, roughly one-third said yes. This year, two-thirds said yes.”

This leads to the question of corporate purpose. Given that limited liability is a benefit granted to individuals by a society—specifically, by a state, through its laws—why shouldn’t the very laws which create the institution require beneficiaries (entrepreneurs) to consider the corporation’s customers, employees, suppliers, and communities generally, rather allow them not to and hope that they do?

In the U.S., corporate law already requires corporate bylaws to contain certain provisions for the protection of shareholders. In some countries, co-determination laws give workers representation on a corporation’s board of directors. There is no reason corporate statutes could not require all bylaws to consider the needs of customers, employees, suppliers, and communities in general, or even to offer other interest groups board representation. Perhaps communities subject to environmental pollution, for example, should have the same rights against the managers of corporations that shareholders have now. The possibilities are limited only by our imagination and political will.

If corporate protection is a creation of the state, then a constraint on its benefits is a condition on a state endowment rather than a limitation on some kind of a pre-state endowment or right.

To be clear, this legal entity, the corporation, is a creation of the state, not simply private individuals associating with each other. The individuals forming a corporation don’t have to get consent from all of the individuals in a society to limit their claims to the corporation’s holdings, rather than the proprietors’ personal property. Owners don’t have to convince us to treat their business as a different person. That protection is granted by the law.

This means constraining corporate purpose cannot possibly be said to “take” anything from the entrepreneurs which they would have had independently of the state, as taxation is often characterized. Nor is it a state imposition on private property, as regulation is often characterized. If corporate protection is a creation of the state, then a constraint on its benefits is a condition on a state endowment rather than a limitation on some kind of a pre-state endowment or right. No one has to incorporate, after all. Entrepreneurs who don’t want to take the concerns of the community into account when conducting business would be free to forego limited liability and put their personal property on the line.

If the problem is that corporations’ failure to take these other interests into account could cause social problems, then the law—which after all literally creates these entities—should address the problem. Corporate purpose should be constrained by something like Sen. Elizabeth Warren's Accountable Capitalism Act rather than the goodwill of enlightened CEOs and Harvard Business School grads.


This content originally appeared on Common Dreams and was authored by Jason Mays.

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112 Organizations Call For White House To Fully Review TVA Decision On Fossil Gas Expansion https://www.radiofree.org/2023/01/05/112-organizations-call-for-white-house-to-fully-review-tva-decision-on-fossil-gas-expansion-2/ https://www.radiofree.org/2023/01/05/112-organizations-call-for-white-house-to-fully-review-tva-decision-on-fossil-gas-expansion-2/#respond Thu, 05 Jan 2023 18:12:01 +0000 https://www.commondreams.org/newswire/112-organizations-call-for-white-house-to-fully-review-tva-decision-on-fossil-gas-expansion

This morning, 112 organizations across 20+ states called on the Environmental Protection Agency to refer the Tennessee Valley Authority (TVA)’s decision to construct a new fossil gas plant and pipeline to the White House Council on Environmental Quality (CEQ). The organizations call for the CEQ to review the serious public health and environmental impacts of fossil fuel expansion. Read their letter to EPA Administrator Michael Regan here.

“This is a matter in which the Biden Administration has power — and no required 50th Senate vote as a roadblock — to make good on its promises to tackle the global climate emergency. It is an issue of legacy where the EPA can either use its legal power to advance the clean energy economy, or, given the alternative of no action, can needlessly sign off on dangerous fossil fuel expansion,” the organizations wrote.

The organizations include environmental, faith, labor, and political activism associations at the national, statewide, and local levels. Organizations from states which receive their power from the TVA signed on, including groups based in Tennessee, Alabama, Kentucky, and North Carolina. They were joined by national organizations such as Sierra Club, the Center for Biological Diversity, and Friends of the Earth.

In their letter, the organizations point out that Section 309 of the Clean Air Act requires the EPA Administrator to refer government actions to the CEQ if agency heads fail to fully consider the public health and environmental impacts of their actions. The EPA’s own review of the TVA’s draft environmental impact statement on the issue found that it “does not fully quantify or adequately disclose the impacts of the GHG emissions from the proposed action and alternatives.” The CEQ can, in turn, refer a decision to the President.

The decision to replace two TVA coal plants with a new gas plant and pipeline was made by TVA CEO Jeff Lyash, who was a fossil fuel CEO for 17 years before joining the TVA. Under his leadership, Duke Energy leaked toxic chemicals into the sole source of drinking water for nearly one million North Carolina residents. Lyash’s TVA still generates 21 percent of its energy from coal and 26 percent from methane gas. It projects that it will emit over 34 million tons of carbon dioxide into the atmosphere by 2038.

Revolving Door Project Climate Research Director Dorothy Slater said: “The enormous response to this letter from the TVA’s own customers, and across the country, shows that Jeff Lyash does not have anything like a popular mandate to expand fossil fuels at the TVA. Administrator Regan needs to step up and faithfully execute the laws, as is his mandate.”

Read the organizations’ letter to Administrator Regan here. Slater wrote for The New Republic about Lyash and the fossil gas expansion last March.


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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African Feminist Movements Face More​ Obstacles After Roe v Wade Decision https://www.radiofree.org/2022/12/31/african-feminist-movements-face-more-obstacles-after-roe-v-wade-decision/ https://www.radiofree.org/2022/12/31/african-feminist-movements-face-more-obstacles-after-roe-v-wade-decision/#respond Sat, 31 Dec 2022 13:14:02 +0000 https://www.commondreams.org/opinion/african-feminist-movements-face-more-obstacles-after-roe-v-wade-decision

This year's most notable decision affecting gender justice—the overturning of federal protection of the right to abortion in the US—happened more than 6,000 miles from Africa, but its impact was felt here too.

TheUS Supreme Court's decision will affect legal, policy and public service spheres on the African continent. It will also intensify the ideological war to control women's bodies and push LGBTIQ citizens further to the margins.

The loudest and most active conservative voices and efforts in Africa are often closely linked to the far right in the US and Europe.

African states havediverse abortion policies. For example, in Cape Verde and South Africa, abortion is available on demand—in theory if not in practice, especially for poorer women. In Congo-Brazzaville, Egypt and Gabon, however, it is prohibited without any exceptions. Between those two poles are dozens of countries that allow terminations in some circumstances.

Following the US reversal of Roe v Wade, I was among the African gender justice advocates who feared a domino effect on the continent. That hasn't happened. However, even though we haven't seen any changes to the law to further restrict abortion access, the US decision has definitely re-energised anti-abortion narratives.

After all, the loudest and most active conservative voices and efforts in Africa are often closely linked to the far right in the US and Europe.

Big wins for US conservatives on the home front will no doubt free up funds to invest in frustrating progress elsewhere, including Africa. In the past, US conservatives havefunded efforts in Malawi to dissuade the national parliament from expanding the circumstances in which abortion is permitted.

Looking forward to 2023 and beyond, Africa's feminist movements will have to reinvest in their own defence of bodily autonomy, in accordance with theMaputo Protocol. Adopted by the African Union in 2003, this treaty obliges countries to legalise medical abortion in cases of sexual assault, rape, incest, and where the pregnancy endangers the health or life of the mother or the foetus isn't viable. But the ideological war extends beyond the control of pregnant bodies.

Thenewly elected president of Kenya, William Ruto, is acontroversial figure who has branded himself a Christian nationalist and spoken out against homosexuality. His firstexecutive order restricted state recognition of a family to heterosexual couples. This policy has been a priority for conservative Western movements active in Kenya, such asSpain's CitizenGo.

These movements and their powerful allies seek to protect a very colonial understanding of family in Africa over more expansive indigenous definitions of family. But Western conservatives' ideas are at odds with modern African realities. Increasingly, other forms of family are emerging across the continent in households headed by single women or children, or communal homes shared by queer people ostracised by their birth families.

The emerging forms of families will need feminist movements to continue fighting for their equal recognition and protection under the law. This is especially so because conservative movements will work to tip the balance against them.

These fights are important because so often, they are a matter of life and death for Africa's gender-oppressed peoples. In the last two years, at leasttwomen are reported to have bludgeoned their wives to death after learning they were using contraception. Meanwhile, a man in Kenya has sued his former partner for denying him the "right" to be on "her pregnancy journey", claiming that his desire to have children should take precedence over her feelings. LGBTIQ Africans can often be a target, too, as is suspected to have been the case forKenya's Sheila Lumumba andUganda's Matthew Kinono.

In isolation, these events may seem random but they are directly linked to the extremist conservative Western activism that the US reversal of Roe v Wade emboldened. This activism promotes false claims such as fetal personhood,spreads misinformation about contraceptives, pushes for women to be forced back into gendered family roles and stokesmoral panic about LGBTIQ people. Consequently, African feminism is faced with a considerable challenge—pushing African governments to protect their citizens from these dangerous influences.

Meanwhile, the disinformation and misinformation that propels these exclusivist movements is likely to get worse, especially as libertarian billionaires such as Elon Musk take over social media platforms like Twitter. AMozilla report published ahead of Kenya's general election in August showed how foreign groups can manipulate a country's public discourse through Twitter. The report's case study was CitizenGo's disinformation campaign against Kenya's 2020 Reproductive Health Bill, which was eventually defeated in parliament.

The failure and/or disinterest of Big Tech owners to regulate the abuse of their platforms will only embolden such bad faith campaigns, putting women, LGBTIQ and other marginalised communities at risk, just as in the offline world.

Arecent report by the Center for Countering Digital Hate noted the increasing number of posts containing slurs since Musk took over at Twitter.

Meanwhile, national governments on the continent are increasingly intolerant of the speech of groups that hold them to account. They are passing laws such as Uganda'sComputer Misuse Amendment Act and arresting critics, as happened repeatedly in Nigeria this year.

Compounding these challenges for Africa's feminists is the fact that local elites and leaders lean towards conservative policies. In the two years since the Trump administration joined Brazil, Egypt, Hungary, Indonesia and Uganda to co-sponsorthe notorious Geneva Consensus Declaration (GCD), it has gained further signatories: 36 countries, 17 of them in Africa, now support the aims of the GCD, which declares that "there is no international right to abortion". We are ending 2022 with the Ghanian government seemingly inclined towards a revised version of "the harshest anti-gay law in the world", which has been linked to US ultra-conservatives.

If the current trends do not decisively spell disaster, they are certainly a clear indication that African feminists and their allies have a steep uphill battle to fight in the culture war waged by Western conservatives.


This content originally appeared on Common Dreams and was authored by Joy Asasira.

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Donziger Files Response to ‘DOJ’s Disastrous Decision to Side With Chevron’ https://www.radiofree.org/2022/12/28/donziger-files-response-to-dojs-disastrous-decision-to-side-with-chevron/ https://www.radiofree.org/2022/12/28/donziger-files-response-to-dojs-disastrous-decision-to-side-with-chevron/#respond Wed, 28 Dec 2022 23:00:23 +0000 https://www.commondreams.org/news/steven-donziger-chevron

The legal team of human rights attorney Steven Donziger is challenging what he describes as the U.S. Department of Justice's "disastrous decision to side with Chevron and back private corporate prosecutions."

At issue is the DOJ's recently submitted brief in opposition to Donziger's pending appeal of his widely criticized contempt of court conviction. Donziger's reply to the Justice Department's December 16 brief was filed Tuesday at the U.S. Supreme Court.

In 2011, a Donziger-led legal team representing more than 30,000 farmworkers and Indigenous people harmed by over three decades of oil drilling in Ecuador won an $18 billion judgment against Chevron for deliberately dumping more than 16 billion gallons of toxic wastewater and other hazardous pollutants in the delicate Amazonian ecosystem—an act that caused a " rainforest Chernobyl." Punitive damages were later reduced to $9.5 billion.

Although the historic ruling against Chevron was upheld by the Ecuadorian Supreme Court, the oil giant moved its operations out of the country to avoid paying for cleanup, alleged that the $9.5 billion settlement had been fraudulently obtained, and launched what six House Democrats described last year as an "unjust legal assault" on Donziger.

In July 2019, U.S. District Judge Lewis A. Kaplan of the Southern District of New York, a former corporate lawyer with investments in Chevron, held Donziger in contempt of court for refusing to turn over his computer and cellphone, a move that would have disclosed privileged client information.

Soon after, Donziger began his "completely unjust" 993-day detention on a misdemeanor charge that carries a maximum sentence of six months.

Donziger has received support from United Nations human rights experts and nearly 70 Nobel Prize Laureates, including 1997 peace prize recipient Jody Williams, who argued in May 2021 that Donziger's house arrest and the criminal contempt case against him was a "gross miscarriage of justice" meant to dissuade others from challenging corporations' human rights violations and ecological crimes.

"If he's a principled lawyer taking on a powerful corporation and the justice system punishes him, that has a profound chilling effect."

Along with dozens of other Nobel prize winners, Williams asked U.S. Attorney General Merrick Garland to investigate Donziger's predicament, writing that "a high-level review will reveal that the case clearly is a violation of Mr. Donziger's rights and the rights of the affected communities in Ecuador."

Garland's DOJ, however, refused to reassert main jurisdiction over the case. Although the U.S. Attorney's Office for the Southern District of New York chose not to prosecute Donziger's misdemeanor contempt of court charge, Kaplan hand-picked a right-wing colleague, Judge Loretta Preska, to hear the case.

Kaplan and Preska, previously a leader in the Chevron-funded Federalist Society, then selected Rita Glavin, an attorney at Seward & Kissel LLP, to act as a special prosecutor even though her law partner was a former member of Chevron's board of directors and Chevron had been one of the firm's clients as recently as 2018.

Despite the fact that he had already been confined to his home for 24 months, including more than 20 months pretrial, Donziger was convicted by Preska in July 2021 and later sentenced to six months in federal prison, a term that he finished on house arrest.

Following Donziger's conviction, Democratic Sens. Ed Markey (Mass.) and Sheldon Whitehouse (R.I.) sounded the alarm about the use of private prosecutors in the federal court system.

When Donziger was behind bars late last year, nine House Democrats implored Garland to "take immediate action" to secure his release.

"Donziger sits in a crowded federal prison because a Chevron attorney made it so, without executive branch supervision or ever seeing a jury of his peers," the lawmakers wrote. "As the United States is a party to the district court case against Mr. Donziger, we request that you act immediately to reclaim control of this case, dismiss the charges, and free Mr. Donziger from his imprisonment."

The DOJ declined to intervene on Donziger's behalf. So too did U.S. President Joe Biden, who was asked by more than 100 human rights groups to pardon Donziger.

An appeals court upheld Donziger's conviction in a split decision this June, two months after he was released. In September, Donziger appealed his conviction to the Supreme Court, arguing that the DOJ's lack of supervision during his prosecution violated the U.S. Constitution's separation of powers.

Less than two weeks ago, the Justice Department filed a brief in opposition to Donziger's pending Supreme Court appeal, prompting the environmental lawyer's Tuesday response.

"Progressive movements rightly saw [Donziger's case] as an attempt to criminalize corporate accountability, and that hit a nerve," Rep. Jamaal Bowman (D-N.Y.), who was among the progressives pushing for Donziger's release, toldThe Hill on Tuesday. "If he's a principled lawyer taking on a powerful corporation and the justice system punishes him, that has a profound chilling effect."

"We can't become afraid of fighting for what's right," Bowman continued. "Donziger's work was important. I'm thankful he's free now, but he shouldn't have had to fight for that freedom."

According to The Hill, in interviews, "Donziger expressed concern that he was a test case for what he called the corporate capture of American civil institutions by energy giants like Chevron, with a goal of silencing opposition."

"The industry's figured out that if they can control the courts, or at least, influence them to a great degree, they can prevent themselves from being held accountable and obtain effective impunity for their misdeeds, for their wrongdoing, for their pollution, [and] for the harm they cause," Donziger told the outlet.

"That doesn't mean that we shouldn't use our courts," he added. "We must—there are ways to use them effectively in climate justice—but make no mistake about it, the U.S. federal courts right now are very hostile to climate cases" due to a decadeslong Republican campaign to create a judiciary friendly to Big Oil.


This content originally appeared on Common Dreams and was authored by Kenny Stancil.

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Behind the Key Decision That Left Many Poor Homeowners Without Enough Money to Rebuild after Katrina https://www.radiofree.org/2022/12/13/behind-the-key-decision-that-left-many-poor-homeowners-without-enough-money-to-rebuild-after-katrina/ https://www.radiofree.org/2022/12/13/behind-the-key-decision-that-left-many-poor-homeowners-without-enough-money-to-rebuild-after-katrina/#respond Tue, 13 Dec 2022 21:00:00 +0000 https://www.propublica.org/article/why-louisiana-road-home-program-based-grants-on-home-values by David Hammer, WWL-TV

This article was produced for ProPublica’s Local Reporting Network in partnership with WWL-TV and The Times-Picayune | The Advocate. Sign up for Dispatches to get stories like this one as soon as they are published.

Rebuilding a home in a poor neighborhood can cost a lot more than the house is worth on paper. So after Hurricane Katrina, when the U.S. government decided that home values would factor into rebuilding grants, it left many Louisiana homeowners short.

Why the federal government required that has long been a mystery. It had rarely, if ever, allowed home values to be used to calculate rebuilding aid after a disaster. It doesn’t allow it anymore.

But it did for Katrina. That formula hurt poor neighborhoods, most of which in New Orleans were majority Black, according to an investigation published this week by WWL-TV, The Times-Picayune | The Advocate, and ProPublica.

Louisiana's Road Home Program Had a Fatal Flaw, Rooted in Partisan Politics

Now, the news organizations have pieced together what led officials to use home values to calculate aid for Road Home, the largest housing recovery program in U.S. history. In Congress and the White House, leaders were worried about federal spending and how Louisiana corruption would come into play, the news outlets found.

So when Louisiana officials negotiated with congressional leaders and the White House, they settled on pre-storm value as a way to achieve two goals: Help Louisiana rebuild after an unprecedented disaster, but limit the size of the check.

In doing so, they created a system in which many poor homeowners would get less money than they needed to rebuild, perpetuating long-standing inequities in New Orleans.

“The tension was always, are the American taxpayers paying more than what the value was worth and what the current market held?” said Don Powell, President George W. Bush’s coordinator of Gulf Coast rebuilding.

“One man’s accountability,” he said, “is another man’s red tape.”

A Key Meeting in Texas

The back-to-back 2005 hurricanes of Katrina and Rita devastated south Louisiana, damaging or destroying 305,000 housing units. Most homeowners didn’t have sufficient insurance to cover all rebuilding costs. Louisiana leaders were concerned that without a massive injection of federal housing aid, communities would never recover.

In December 2005, Congress allocated $11.6 billion to Louisiana and Mississippi. Louisiana got $6.2 billion, of which state leaders said they would use about $4.5 billion to rebuild owner-occupied housing.

Those leaders said that wasn’t enough even to start a housing recovery program; the Louisiana Recovery Authority estimated it needed at least $14 billion to run what would later become Road Home.

State officials worked to convince the federal government to give them more. Powell was the intermediary.

“I was a fiduciary trying to represent the American taxpayer and trying to make sure that the people along the Gulf Coast were taken care of,” said Powell, now 81 and retired.

The negotiations were intense, he recalled, in part because of the fraught relationship between then-Louisiana Gov. Kathleen Blanco, a Democrat, and the Republicans who controlled the White House and Congress. Blanco, who died in 2019, had complained loudly when GOP-led Mississippi got almost half of the initial aid package, despite having just 20% of the damaged housing units.

House Speaker Dennis Hastert, R-Ill., presented the biggest obstacle to getting more money, former Powell aide Taylor Beery said. Just days after Katrina, Hastert suggested large parts of New Orleans should be “bulldozed” and said spending billions of dollars to rebuild the city “doesn’t make sense to me.” (He later backtracked, saying he meant the city should be rebuilt in a way that protected residents.)

Louisiana’s reputation for graft also worked against it, according to former LRA officials. State leaders repeatedly promised to be good stewards of federal aid.

Beery and former LRA staffer Adam Knapp said factoring in the value of homes was raised in a series of meetings as a way to limit the price tag.

In January 2006, Powell said, three LRA board members — Xavier University President Norman Francis, shipbuilder Boysie Bollinger and investment banker David Voelker — went to Powell’s home in Amarillo, Texas, to make their case for more money.

Powell recalled that “several folks,” including “some staff members in Congress,” suggested using homes’ pre-storm value to limit grants. He doesn’t know exactly who first mentioned it, because federal and state staffers had already addressed a lot of those details beforehand.

Bollinger, a Republican who acted as a liaison between the Bush and Blanco teams, confirmed that pre-storm value was first brought up during those tense negotiations, but he doesn’t remember who raised it. Francis, who is 91, was not available to comment, and Voelker died in 2013.

Powell indicated there was no discussion about how using pre-storm value could lead to unequal impacts. “I think that’s one of the misfires,” he said.

Building a Housing Program From Scratch

When Louisiana leaders returned from Texas, they had a commitment from Congress to provide $4.2 billion more in recovery aid. Combined with the initial appropriation, Louisiana now had enough to run a $7.5 billion housing recovery program. (It ended up being a $10 billion program.)

LRA Executive Director Andy Kopplin and Walter Leger, who headed the LRA’s housing task force, introduced the housing plan a month later, in February 2006, with a presentation that read, “Louisiana contributes up to pre-storm value” to cover home repairs.

Without another disaster program to model it on, Leger said the LRA took cues from the Victim Compensation Fund set up after the Sept. 11 terror attacks — which was also designed to compensate people for their losses.

In order to get money to people as quickly as possible — and follow federal rules — Louisiana officials ended up compensating people for their losses even before they rebuilt, rather than reimbursing them for repairs as work was completed. HUD had to issue a waiver from its disaster aid rules to allow Louisiana and Mississippi to do that.

When HUD later approved similar waivers for Louisiana and Texas after hurricanes Gustav and Ike in 2008, the Federal Register entry said there was little data on how compensation money had been used during previous programs. The only examples it cited were the programs run by Mississippi and Louisiana after Katrina and Rita.

The U.S. government now forbids state and local governments from using HUD’s disaster recovery grants to compensate people for losses after a disaster, so home values are no longer a factor. Since 2010, HUD has required states to reimburse people for approved expenses, including repairs.

HUD made that decision after it and Louisiana settled a federal lawsuit in which Black homeowners and housing advocates alleged discrimination by Road Home.

“After the Road Home settlement, HUD made the decision that, for future disasters, it would not permit its recipients of disaster relief to distribute ‘compensation for loss’ directly to homeowners as an eligible use of that money,” De’Marcus Finnell, deputy press secretary for the U.S. Department of Housing and Urban Development, said in a written statement.

“HUD and other federal partners recognized the shortcomings of the federal response in Louisiana,” Finnell said, “and have worked to improve those programs in the 15 years since.”

People Who Need the Most Help “Are Given the Least”

Even after Road Home launched, the LRA changed how it would calculate grants several times, which resulted in larger grants. Each formula still capped initial awards at a home’s pre-storm value.

Under the final formula, approved in November 2006, damage assessments would be done on every home. Grants would be based on the home’s pre-storm value or its damage assessment, whichever was lower. Road Home would subtract any payments from insurance or FEMA, plus a penalty for those who didn’t have insurance. The maximum award was $150,000.

In interviews, former LRA board members and staffers said they realized factoring in home values would mean some people would get more help than others, but they thought an affordable loan program for low- to middle-income homeowners — later converted to a grant — would eliminate the gaps.

The news organizations’ analysis of state data found those additional grants helped. But even with that extra money, people in the poorest areas of New Orleans had to cover an average of 30% of their rebuilding costs after Road Home, FEMA aid and insurance. In the wealthiest areas, where residents had far more resources to draw on, the shortfall was 20%.

The state Office of Community Development took issue with the analysis, but none of the points it raised affected the news organizations’ findings. Leger and Kopplin said they found the findings troubling.

How Road Home’s Grant Calculations Led to Different Outcomes

The first to make waves criticizing how grants were calculated was Melanie Ehrlich, a genetics professor at Tulane University School of Medicine. She had founded a grassroots organization, Citizens Road Home Action Team, to advocate for Road Home applicants.

Melanie Ehrlich stands outside her home in the Gentilly neighborhood of New Orleans. (Chris Granger/The Times-Picayune | The New Orleans Advocate)

In October 2006, she emailed Leger to ask him to allow applicants to choose whether their grants would be based on pre-storm value or the cost of rebuilding. By then, nine months had passed since that meeting in Amarillo.

Leger shot her down, saying the Road Home “has always contained a grant cap of the lesser of pre-storm value or $150,000.” He wrote, “Neither the limited budget nor time would allow for change in the cap.”

Later that month, Ehrlich sent Leger and other officials a chart showing that using pre-storm value on homes with lower appraisals meant people who needed the most help “are given the least help.”

Leger said he agreed and took her complaint to HUD officials. He got HUD to allow the state to include land values in property appraisals, but he said the agency still insisted that initial calculations had to be capped at the property value.

At the next LRA meeting in December 2006, Leger reported that HUD had insisted on limiting grants to pre-storm value, according to board minutes.

Walter Leger, then-chair of the Housing and Redevelopment Task Force for the Louisiana Recovery Authority, testifies before the U.S. Senate Committee on Homeland Security and Governmental Affairs on Jan. 29, 2007. (Ellis Lucia/The Times-Picayune)

“This wasn’t and isn’t the way America should fund major disaster recovery,” Knapp said in an interview. Political battles led to budget shortfalls in Road Home, he said, and “budget was always the problem to the program design.”

Leger said he didn’t remember any of the 16 other LRA board members, including the eight Black members, ever raising concerns about inequitable impacts of the grant formula.

Two Black former board members, Francis and Virgil Robinson Jr., said in 2010 they never realized the formula could end up being discriminatory. This month, another Black former board member, Calvin Mackie, said he raised concerns about using home values but they were lost in the shuffle.

“Everyone was rushing to get a workable solution,” he said, “and get the money out the door.”

His father, whose home in the Gentilly neighborhood flooded in Katrina, didn’t get anything from Road Home, he said. “My dad died in the process of fighting for the money, and in the end we got $0,” Mackie said. “For me, it’s real. I’m still living it.”

]]>
by David Hammer, WWL-TV

This article was produced for ProPublica’s Local Reporting Network in partnership with WWL-TV and The Times-Picayune | The Advocate. Sign up for Dispatches to get stories like this one as soon as they are published.

Rebuilding a home in a poor neighborhood can cost a lot more than the house is worth on paper. So after Hurricane Katrina, when the U.S. government decided that home values would factor into rebuilding grants, it left many Louisiana homeowners short.

Why the federal government required that has long been a mystery. It had rarely, if ever, allowed home values to be used to calculate rebuilding aid after a disaster. It doesn’t allow it anymore.

But it did for Katrina. That formula hurt poor neighborhoods, most of which in New Orleans were majority Black, according to an investigation published this week by WWL-TV, The Times-Picayune | The Advocate, and ProPublica.

Louisiana's Road Home Program Had a Fatal Flaw, Rooted in Partisan Politics

Now, the news organizations have pieced together what led officials to use home values to calculate aid for Road Home, the largest housing recovery program in U.S. history. In Congress and the White House, leaders were worried about federal spending and how Louisiana corruption would come into play, the news outlets found.

So when Louisiana officials negotiated with congressional leaders and the White House, they settled on pre-storm value as a way to achieve two goals: Help Louisiana rebuild after an unprecedented disaster, but limit the size of the check.

In doing so, they created a system in which many poor homeowners would get less money than they needed to rebuild, perpetuating long-standing inequities in New Orleans.

“The tension was always, are the American taxpayers paying more than what the value was worth and what the current market held?” said Don Powell, President George W. Bush’s coordinator of Gulf Coast rebuilding.

“One man’s accountability,” he said, “is another man’s red tape.”

A Key Meeting in Texas

The back-to-back 2005 hurricanes of Katrina and Rita devastated south Louisiana, damaging or destroying 305,000 housing units. Most homeowners didn’t have sufficient insurance to cover all rebuilding costs. Louisiana leaders were concerned that without a massive injection of federal housing aid, communities would never recover.

In December 2005, Congress allocated $11.6 billion to Louisiana and Mississippi. Louisiana got $6.2 billion, of which state leaders said they would use about $4.5 billion to rebuild owner-occupied housing.

Those leaders said that wasn’t enough even to start a housing recovery program; the Louisiana Recovery Authority estimated it needed at least $14 billion to run what would later become Road Home.

State officials worked to convince the federal government to give them more. Powell was the intermediary.

“I was a fiduciary trying to represent the American taxpayer and trying to make sure that the people along the Gulf Coast were taken care of,” said Powell, now 81 and retired.

The negotiations were intense, he recalled, in part because of the fraught relationship between then-Louisiana Gov. Kathleen Blanco, a Democrat, and the Republicans who controlled the White House and Congress. Blanco, who died in 2019, had complained loudly when GOP-led Mississippi got almost half of the initial aid package, despite having just 20% of the damaged housing units.

House Speaker Dennis Hastert, R-Ill., presented the biggest obstacle to getting more money, former Powell aide Taylor Beery said. Just days after Katrina, Hastert suggested large parts of New Orleans should be “bulldozed” and said spending billions of dollars to rebuild the city “doesn’t make sense to me.” (He later backtracked, saying he meant the city should be rebuilt in a way that protected residents.)

Louisiana’s reputation for graft also worked against it, according to former LRA officials. State leaders repeatedly promised to be good stewards of federal aid.

Beery and former LRA staffer Adam Knapp said factoring in the value of homes was raised in a series of meetings as a way to limit the price tag.

In January 2006, Powell said, three LRA board members — Xavier University President Norman Francis, shipbuilder Boysie Bollinger and investment banker David Voelker — went to Powell’s home in Amarillo, Texas, to make their case for more money.

Powell recalled that “several folks,” including “some staff members in Congress,” suggested using homes’ pre-storm value to limit grants. He doesn’t know exactly who first mentioned it, because federal and state staffers had already addressed a lot of those details beforehand.

Bollinger, a Republican who acted as a liaison between the Bush and Blanco teams, confirmed that pre-storm value was first brought up during those tense negotiations, but he doesn’t remember who raised it. Francis, who is 91, was not available to comment, and Voelker died in 2013.

Powell indicated there was no discussion about how using pre-storm value could lead to unequal impacts. “I think that’s one of the misfires,” he said.

Building a Housing Program From Scratch

When Louisiana leaders returned from Texas, they had a commitment from Congress to provide $4.2 billion more in recovery aid. Combined with the initial appropriation, Louisiana now had enough to run a $7.5 billion housing recovery program. (It ended up being a $10 billion program.)

LRA Executive Director Andy Kopplin and Walter Leger, who headed the LRA’s housing task force, introduced the housing plan a month later, in February 2006, with a presentation that read, “Louisiana contributes up to pre-storm value” to cover home repairs.

Without another disaster program to model it on, Leger said the LRA took cues from the Victim Compensation Fund set up after the Sept. 11 terror attacks — which was also designed to compensate people for their losses.

In order to get money to people as quickly as possible — and follow federal rules — Louisiana officials ended up compensating people for their losses even before they rebuilt, rather than reimbursing them for repairs as work was completed. HUD had to issue a waiver from its disaster aid rules to allow Louisiana and Mississippi to do that.

When HUD later approved similar waivers for Louisiana and Texas after hurricanes Gustav and Ike in 2008, the Federal Register entry said there was little data on how compensation money had been used during previous programs. The only examples it cited were the programs run by Mississippi and Louisiana after Katrina and Rita.

The U.S. government now forbids state and local governments from using HUD’s disaster recovery grants to compensate people for losses after a disaster, so home values are no longer a factor. Since 2010, HUD has required states to reimburse people for approved expenses, including repairs.

HUD made that decision after it and Louisiana settled a federal lawsuit in which Black homeowners and housing advocates alleged discrimination by Road Home.

“After the Road Home settlement, HUD made the decision that, for future disasters, it would not permit its recipients of disaster relief to distribute ‘compensation for loss’ directly to homeowners as an eligible use of that money,” De’Marcus Finnell, deputy press secretary for the U.S. Department of Housing and Urban Development, said in a written statement.

“HUD and other federal partners recognized the shortcomings of the federal response in Louisiana,” Finnell said, “and have worked to improve those programs in the 15 years since.”

People Who Need the Most Help “Are Given the Least”

Even after Road Home launched, the LRA changed how it would calculate grants several times, which resulted in larger grants. Each formula still capped initial awards at a home’s pre-storm value.

Under the final formula, approved in November 2006, damage assessments would be done on every home. Grants would be based on the home’s pre-storm value or its damage assessment, whichever was lower. Road Home would subtract any payments from insurance or FEMA, plus a penalty for those who didn’t have insurance. The maximum award was $150,000.

In interviews, former LRA board members and staffers said they realized factoring in home values would mean some people would get more help than others, but they thought an affordable loan program for low- to middle-income homeowners — later converted to a grant — would eliminate the gaps.

The news organizations’ analysis of state data found those additional grants helped. But even with that extra money, people in the poorest areas of New Orleans had to cover an average of 30% of their rebuilding costs after Road Home, FEMA aid and insurance. In the wealthiest areas, where residents had far more resources to draw on, the shortfall was 20%.

The state Office of Community Development took issue with the analysis, but none of the points it raised affected the news organizations’ findings. Leger and Kopplin said they found the findings troubling.

How Road Home’s Grant Calculations Led to Different Outcomes

The first to make waves criticizing how grants were calculated was Melanie Ehrlich, a genetics professor at Tulane University School of Medicine. She had founded a grassroots organization, Citizens Road Home Action Team, to advocate for Road Home applicants.

Melanie Ehrlich stands outside her home in the Gentilly neighborhood of New Orleans. (Chris Granger/The Times-Picayune | The New Orleans Advocate)

In October 2006, she emailed Leger to ask him to allow applicants to choose whether their grants would be based on pre-storm value or the cost of rebuilding. By then, nine months had passed since that meeting in Amarillo.

Leger shot her down, saying the Road Home “has always contained a grant cap of the lesser of pre-storm value or $150,000.” He wrote, “Neither the limited budget nor time would allow for change in the cap.”

Later that month, Ehrlich sent Leger and other officials a chart showing that using pre-storm value on homes with lower appraisals meant people who needed the most help “are given the least help.”

Leger said he agreed and took her complaint to HUD officials. He got HUD to allow the state to include land values in property appraisals, but he said the agency still insisted that initial calculations had to be capped at the property value.

At the next LRA meeting in December 2006, Leger reported that HUD had insisted on limiting grants to pre-storm value, according to board minutes.

Walter Leger, then-chair of the Housing and Redevelopment Task Force for the Louisiana Recovery Authority, testifies before the U.S. Senate Committee on Homeland Security and Governmental Affairs on Jan. 29, 2007. (Ellis Lucia/The Times-Picayune)

“This wasn’t and isn’t the way America should fund major disaster recovery,” Knapp said in an interview. Political battles led to budget shortfalls in Road Home, he said, and “budget was always the problem to the program design.”

Leger said he didn’t remember any of the 16 other LRA board members, including the eight Black members, ever raising concerns about inequitable impacts of the grant formula.

Two Black former board members, Francis and Virgil Robinson Jr., said in 2010 they never realized the formula could end up being discriminatory. This month, another Black former board member, Calvin Mackie, said he raised concerns about using home values but they were lost in the shuffle.

“Everyone was rushing to get a workable solution,” he said, “and get the money out the door.”

His father, whose home in the Gentilly neighborhood flooded in Katrina, didn’t get anything from Road Home, he said. “My dad died in the process of fighting for the money, and in the end we got $0,” Mackie said. “For me, it’s real. I’m still living it.”


This content originally appeared on Articles and Investigations - ProPublica and was authored by by David Hammer, WWL-TV.

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Symbolic But Significant: Why the Decision to Investigate Abu Akleh’s Murder Is Unprecedented https://www.radiofree.org/2022/11/25/symbolic-but-significant-why-the-decision-to-investigate-abu-aklehs-murder-is-unprecedented-3/ https://www.radiofree.org/2022/11/25/symbolic-but-significant-why-the-decision-to-investigate-abu-aklehs-murder-is-unprecedented-3/#respond Fri, 25 Nov 2022 18:31:15 +0000 https://www.commondreams.org/node/341291

The recent decision by the United States Department of Justice to open an investigation into the killing, last May, of Palestinian-American journalist Shireen Abu Akleh is not a game-changer, but important and worthy of reflection, nonetheless.

A real investigation into the killing of Abu Akleh could open up a Pandora’s box of other findings pertaining to Israel’s many other illegal practices and violations of international—and even US law.

Based on the long trajectory of US military and political support of Israel, and Washington’s constant shielding of Tel Aviv from any accountability for its illegal occupation of Palestine, one can confidently conclude that there will not be any actual investigation.

A real investigation into the killing of Abu Akleh could open up a Pandora’s box of other findings pertaining to Israel’s many other illegal practices and violations of international—and even US law. For example, the US investigators would have to look into the Israeli use of US-supplied weapons and munitions, which are used daily to suppress Palestinian protests, confiscate Palestinian land, impose military sieges on civilian areas and so on. The US Leahy Law specifically prohibits “the US Government from using funds for assistance to units of foreign security forces where there is credible information implicating that unit in the commission of gross violations of human rights.”

Moreover, an investigation would also mean accountability, if it concludes that Abu Akleh, a US citizen, was deliberately killed by an Israeli soldier, as several human rights groups have already concluded.

That, too, is implausible. In fact, one of the main pillars that define US-Israeli relationship is that the former serves the role of the protector of the latter at the international stage. Every Palestinian, Arab or international attempt at investigating Israeli crimes has decisively failed simply because Washington systematically blocked every potential investigation under the pretense that Israel is capable of investigating itself, alleging at times that any attempt to hold Israel accountable is a witch hunt that is tantamount to antisemitism.

According to Axios, this was the gist of the official Israeli response to the US decision to open an investigation into the murder of the Palestinian journalist. “Our soldiers will not be investigated by the FBI or by any other foreign country or entity,” outgoing Israeli Prime Minister Yair Lapid said, adding: “We will not abandon our soldiers to foreign investigations.” 

Though Lapid’s is the typical Israeli response, it is quite interesting—if not shocking—to see it used in a context involving an American investigation. Historically, such language was reserved for investigations by the United Nations Human Rights Council, and by international law judges, the likes of Richard Falk, Richard Goldstone and Michael Lynk. Time and again, such investigations were conducted or blocked without any Israeli cooperation and under intense American pressure.

In 2003, the scope of Israeli intransigence and US blind support of Israel reached the point of pressuring the Belgian government to rewrite its own domestic laws to dismiss a war crimes case against late Israeli Prime Minister, Ariel Sharon.

Moreover, despite relentless efforts by many US-based rights groups to investigate the murder of an American activist, Rachel Corrie, the US refused to even consider the case, relying instead on Israel’s own courts, which exonerated the Israeli soldier who drove a bulldozer over the body of 23-year-old Corrie in 2003, for simply urging him not to demolish a Palestinian home in Gaza.

Worse still, in 2020, the US government went as far as sanctioning International Criminal Court (ICC) Prosecutor Fatou Bensouda and other senior prosecution officials who were involved in the investigation of alleged US and Israeli war crimes in Afghanistan and Palestine.

All of this in mind, one must then ask questions regarding the timing and the motives of the US investigation.

Axios revealed that the decision to investigate the killing of Abu Akleh was “made before the November 1 elections in Israel, but the Justice Department officially notified the Israeli government three days after the elections.” In fact, the news was only revealed to the media on November 14, following both Israel and US elections on November 1 and 7, respectively.

Officials in Washington were keen on communicating the point that the decision was not political, and neither was it linked to avoiding angering the pro-Israeli lobby in Washington days before the US elections nor to influencing the outcomes of Israel’s own elections. If that is the case, then why did the US wait until November 14 to leak the news? The delay suggests serious backdoor politics and massive Israeli pressure to dissuade the US from making the announcement public, thus making it impossible to reverse the decision. 

Knowing that a serious investigation will most likely not take place, the US decision must have been reasoned in advance to be a merely political one. Maybe symbolic and ultimately inconsequential, the unprecedented and determined US decision was predicated on solid reasoning:

First, US President Joe Biden had a difficult experience managing the political shenanigans of then-Israeli Prime Minister Benjamin Netanyahu during his time as vice president in the Obama Administration (2009-2017). Now that Netanyahu is poised to return to the helm of Israeli politics, the Biden Administration is in urgent need of political leverage over Tel Aviv, with the hope of controlling the extremist tendencies of the Israeli leader and his government.

Second, the failure of the Republican so-called ‘Red Wave’ from marginalizing Democrats as a sizable political and legislative force in the US Congress has further emboldened the Biden Administration to finally reveal the news about the investigation—that is if we are to believe that the decision was indeed made in advance.

Third, the strong showing of Palestinian and pro-Palestinian candidates in the US Mid-term Elections - in both national and state legislative elections—further bolsters the progressive agenda within the Democratic Party. Even a symbolic decision to investigate the killing of a US citizen represents a watershed moment in the relationship between the Democratic Party establishment and its more progressive grassroots constituencies. In fact, re-elected Palestinian Congresswoman Rashida Tlaib was very quick to respond to the news of the investigation, describing it as “the first step towards real accountability”.

Though the US investigation of Abu Akleh’s murder is unlikely to result in any kind of justice, it is a very important moment in US-Israeli and US-Palestinian relationships. It simply means that, despite the entrenched and blind US support for Israel, there are margins in US policy that can still be exploited, if not to reverse US backing of Israel, at least to weaken the supposedly ‘unbreakable bond’ between the two countries.


This content originally appeared on Common Dreams - Breaking News & Views for the Progressive Community and was authored by Ramzy Baroud.

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Symbolic but Significant: Why the Decision to Investigate Abu Akleh’s Murder is Unprecedented https://www.radiofree.org/2022/11/25/symbolic-but-significant-why-the-decision-to-investigate-abu-aklehs-murder-is-unprecedented-2/ https://www.radiofree.org/2022/11/25/symbolic-but-significant-why-the-decision-to-investigate-abu-aklehs-murder-is-unprecedented-2/#respond Fri, 25 Nov 2022 06:55:36 +0000 https://www.counterpunch.org/?p=266534

Photograph Source: שי קנדלר – CC BY-SA 4.0

The recent decision by the United States Department of Justice to open an investigation into the killing, last May, of Palestinian-American journalist Shireen Abu Akleh is not a game-changer, but important and worthy of reflection, nonetheless.

Based on the long trajectory of US military and political support of Israel, and Washington’s constant shielding of Tel Aviv from any accountability for its illegal occupation of Palestine, one can confidently conclude that there will not be any actual investigation.

A real investigation into the killing of Abu Akleh could open up a Pandora’s box of other findings pertaining to Israel’s many other illegal practices and violations of international – and even US – law. For example, the US investigators would have to look into the Israeli use of US-supplied weapons and munitions, which are used daily to suppress Palestinian protests, confiscate Palestinian land, impose military sieges on civilian areas and so on. The US Leahy Law specifically prohibits “the US Government from using funds for assistance to units of foreign security forces where there is credible information implicating that unit in the commission of gross violations of human rights.”

Moreover, an investigation would also mean accountability, if it concludes that Abu Akleh, a US citizen, was deliberately killed by an Israeli soldier, as several human rights groups have already concluded.

That, too, is implausible. In fact, one of the main pillars that define US-Israeli relationship is that the former serves the role of the protector of the latter at the international stage. Every Palestinian, Arab or international attempt at investigating Israeli crimes has decisively failed simply because Washington systematically blocked every potential investigation under the pretense that Israel is capable of investigating itself, alleging at times that any attempt to hold Israel accountable is a witch hunt that is tantamount to antisemitism.

According to Axios, this was the gist of the official Israeli response to the US decision to open an investigation into the murder of the Palestinian journalist. “Our soldiers will not be investigated by the FBI or by any other foreign country or entity,” outgoing Israeli Prime Minister Yair Lapid said, adding: “We will not abandon our soldiers to foreign investigations.”

Though Lapid’s is the typical Israeli response, it is quite interesting – if not shocking – to see it used in a context involving an American investigation. Historically, such language was reserved for investigations by the United Nations Human Rights Council, and by international law judges, the likes of Richard Falk, Richard Goldstone and Michael Lynk. Time and again, such investigations were conducted or blocked without any Israeli cooperation and under intense American pressure.

In 2003, the scope of Israeli intransigence and US blind support of Israel reached the point of pressuring the Belgian government to rewrite its own domestic laws to dismiss a war crimes case against late Israeli Prime Minister, Ariel Sharon.

Moreover, despite relentless efforts by many US-based rights groups to investigate the murder of an American activist, Rachel Corrie, the US refused to even consider the case, relying instead on Israel’s own courts, which exonerated the Israeli soldier who drove a bulldozer over the body of 23-year-old Corrie in 2003, for simply urging him not to demolish a Palestinian home in Gaza.

Worse still, in 2020, the US government went as far as sanctioning International Criminal Court (ICC) Prosecutor Fatou Bensouda and other senior prosecution officials who were involved in the investigation of alleged US and Israeli war crimes in Afghanistan and Palestine.

All of this in mind, one must then ask questions regarding the timing and the motives of the US investigation.

Axios revealed that the decision to investigate the killing of Abu Akleh was “made before the November 1 elections in Israel, but the Justice Department officially notified the Israeli government three days after the elections.” In fact, the news was only revealed to the media on November 14, following both Israel and US elections on November 1 and 7, respectively.

Officials in Washington were keen on communicating the point that the decision was not political, and neither was it linked to avoiding angering the pro-Israeli lobby in Washington days before the US elections nor to influencing the outcomes of Israel’s own elections. If that is the case, then why did the US wait until November 14 to leak the news? The delay suggests serious backdoor politics and massive Israeli pressure to dissuade the US from making the announcement public, thus making it impossible to reverse the decision.

Knowing that a serious investigation will most likely not take place, the US decision must have been reasoned in advance to be a merely political one. Maybe symbolic and ultimately inconsequential, the unprecedented and determined US decision was predicated on solid reasoning:

First, US President Joe Biden had a difficult experience managing the political shenanigans of then-Israeli Prime Minister Benjamin Netanyahu during his time as vice president in the Obama Administration (2009-2017). Now that Netanyahu is poised to return to the helm of Israeli politics, the Biden Administration is in urgent need of political leverage over Tel Aviv, with the hope of controlling the extremist tendencies of the Israeli leader and his government.

Second, the failure of the Republican so-called ‘Red Wave’ from marginalizing Democrats as a sizable political and legislative force in the US Congress has further emboldened the Biden Administration to finally reveal the news about the investigation – that is if we are to believe that the decision was indeed made in advance.

Third, the strong showing of Palestinian and pro-Palestinian candidates in the US Mid-term Elections – in both national and state legislative elections  –  further bolsters the progressive agenda within the Democratic Party. Even a symbolic decision to investigate the killing of a US citizen represents a watershed moment in the relationship between the Democratic Party establishment and its more progressive grassroots constituencies. In fact, re-elected Palestinian Congresswoman Rashida Tlaib was very quick to respond to the news of the investigation, describing it as “the first step towards real accountability”.

Though the US investigation of Abu Akleh’s murder is unlikely to result in any kind of justice, it is a very important moment in US-Israeli and US-Palestinian relationships. It simply means that, despite the entrenched and blind US support for Israel, there are margins in US policy that can still be exploited, if not to reverse US backing of Israel, at least to weaken the supposedly ‘unbreakable bond’ between the two countries.


This content originally appeared on CounterPunch.org and was authored by Ramzy Baroud.

]]>
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Symbolic but Significant: Why the Decision to Investigate Abu Akleh’s Murder is Unprecedented https://www.radiofree.org/2022/11/25/symbolic-but-significant-why-the-decision-to-investigate-abu-aklehs-murder-is-unprecedented/ https://www.radiofree.org/2022/11/25/symbolic-but-significant-why-the-decision-to-investigate-abu-aklehs-murder-is-unprecedented/#respond Fri, 25 Nov 2022 02:13:23 +0000 https://dissidentvoice.org/?p=135733 The recent decision by the United States Department of Justice to open an investigation into the killing last May of Palestinian-American journalist Shireen Abu Akleh is not a game-changer but important and worthy of reflection, nonetheless. Based on the long trajectory of US military and political support of Israel, and Washington’s constant shielding of Tel […]

The post Symbolic but Significant: Why the Decision to Investigate Abu Akleh’s Murder is Unprecedented first appeared on Dissident Voice.]]>
The recent decision by the United States Department of Justice to open an investigation into the killing last May of Palestinian-American journalist Shireen Abu Akleh is not a game-changer but important and worthy of reflection, nonetheless.

Based on the long trajectory of US military and political support of Israel, and Washington’s constant shielding of Tel Aviv from any accountability for its illegal occupation of Palestine, one can confidently conclude that there will not be any actual investigation.

A real investigation into the killing of Abu Akleh could open up a Pandora’s box of other findings pertaining to Israel’s many other illegal practices and violations of international – and even US – law. For example, the US investigators would have to look into the Israeli use of US-supplied weapons and munitions, which are used daily to suppress Palestinian protests, confiscate Palestinian land, impose military sieges on civilian areas and so on. The US Leahy Law specifically prohibits “the US Government from using funds for assistance to units of foreign security forces where there is credible information implicating that unit in the commission of gross violations of human rights.”

Moreover, an investigation would also mean accountability if it concludes that Abu Akleh, a US citizen, was deliberately killed by an Israeli soldier, as several human rights groups have already concluded.

That, too, is implausible. In fact, one of the main pillars that define US-Israeli relationship is that the former serves the role of the protector of the latter at the international stage. Every Palestinian, Arab or international attempt at investigating Israeli crimes has decisively failed simply because Washington systematically blocked every potential investigation under the pretense that Israel is capable of investigating itself, alleging at times that any attempt to hold Israel accountable is a witch hunt that is tantamount to antisemitism.

According to Axios, this was the gist of the official Israeli response to the US decision to open an investigation into the murder of the Palestinian journalist. “Our soldiers will not be investigated by the FBI or by any other foreign country or entity,” outgoing Israeli Prime Minister Yair Lapid said, adding: “We will not abandon our soldiers to foreign investigations.”

Though Lapid’s is the typical Israeli response, it is quite interesting – if not shocking – to see it used in a context involving an American investigation. Historically, such language was reserved for investigations by the United Nations Human Rights Council, and by international law judges, the likes of Richard Falk, Richard Goldstone and Michael Lynk. Time and again, such investigations were conducted or blocked without any Israeli cooperation and under intense American pressure.

In 2003, the scope of Israeli intransigence and US blind support of Israel reached the point of pressuring the Belgian government to rewrite its own domestic laws to dismiss a war crimes case against late Israeli Prime Minister, Ariel Sharon.

Moreover, despite relentless efforts by many US-based rights groups to investigate the murder of an American activist, Rachel Corrie, the US refused to even consider the case, relying instead on Israel’s own courts, which exonerated the Israeli soldier who drove a bulldozer over the body of 23-year-old Corrie in 2003, for simply urging him not to demolish a Palestinian home in Gaza.

Worse still, in 2020, the US government went as far as sanctioning International Criminal Court (ICC) Prosecutor Fatou Bensouda and other senior prosecution officials who were involved in the investigation of alleged US and Israeli war crimes in Afghanistan and Palestine.

All of this in mind, one must then ask questions regarding the timing and the motives of the US investigation.

Axios revealed that the decision to investigate the killing of Abu Akleh was “made before the November 1 elections in Israel, but the Justice Department officially notified the Israeli government three days after the elections.” In fact, the news was only revealed to the media on November 14, following both Israel and US elections on November 1 and 7, respectively.

Officials in Washington were keen on communicating the point that the decision was not political, and neither was it linked to avoiding angering the pro-Israeli lobby in Washington days before the US elections nor to influencing the outcomes of Israel’s own elections. If that is the case, then why did the US wait until November 14 to leak the news? The delay suggests serious backdoor politics and massive Israeli pressure to dissuade the US from making the announcement public, thus making it impossible to reverse the decision.

Knowing that a serious investigation will most likely not take place, the US decision must have been reasoned in advance to be a merely political one. Maybe symbolic and ultimately inconsequential, the unprecedented and determined US decision was predicated on solid reasoning:

First, US President Joe Biden had a difficult experience managing the political shenanigans of then-Israeli Prime Minister Benjamin Netanyahu during his time as vice president in the Obama Administration (2009-2017). Now that Netanyahu is poised to return to the helm of Israeli politics, the Biden Administration is in urgent need of political leverage over Tel Aviv, with the hope of controlling the extremist tendencies of the Israeli leader and his government.

Second, the failure of the Republican so-called ‘Red Wave’ from marginalizing Democrats as a sizable political and legislative force in the US Congress has further emboldened the Biden Administration to finally reveal the news about the investigation – that is if we are to believe that the decision was indeed made in advance.

Third, the strong showing of Palestinian and pro-Palestinian candidates in the US Mid-term Elections – in both national and state legislative elections  –  further bolsters the progressive agenda within the Democratic Party. Even a symbolic decision to investigate the killing of a US citizen represents a watershed moment in the relationship between the Democratic Party establishment and its more progressive grassroots constituencies. In fact, re-elected Palestinian Congresswoman Rashida Tlaib was very quick to respond to the news of the investigation, describing it as “the first step towards real accountability”.

Though the US investigation of Abu Akleh’s murder is unlikely to result in any kind of justice, it is a very important moment in US-Israeli and US-Palestinian relationships. It simply means that, despite the entrenched and blind US support for Israel, there are margins in US policy that can still be exploited, if not to reverse US backing of Israel, at least to weaken the supposedly ‘unbreakable bond’ between the two countries.

The post Symbolic but Significant: Why the Decision to Investigate Abu Akleh’s Murder is Unprecedented first appeared on Dissident Voice.


This content originally appeared on Dissident Voice and was authored by Ramzy Baroud.

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Explained: What the Supreme Court decision means for Scottish independence https://www.radiofree.org/2022/11/22/explained-what-the-supreme-court-decision-means-for-scottish-independence/ https://www.radiofree.org/2022/11/22/explained-what-the-supreme-court-decision-means-for-scottish-independence/#respond Tue, 22 Nov 2022 14:55:02 +0000 https://www.opendemocracy.net/en/scotland-independence-supreme-court-nicola-sturgeon-what-next/ While the question of Scotland’s independence won’t be solved by a British court, the ruling could cause chaos


This content originally appeared on openDemocracy RSS and was authored by Adam Ramsay.

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CPJ condemns Biden administration decision that Saudi crown prince has immunity in U.S. Khashoggi lawsuit https://www.radiofree.org/2022/11/18/cpj-condemns-biden-administration-decision-that-saudi-crown-prince-has-immunity-in-u-s-khashoggi-lawsuit/ https://www.radiofree.org/2022/11/18/cpj-condemns-biden-administration-decision-that-saudi-crown-prince-has-immunity-in-u-s-khashoggi-lawsuit/#respond Fri, 18 Nov 2022 20:02:16 +0000 https://cpj.org/?p=244159 New York, November 18, 2022 – In response to news reports that the Biden administration told a U.S. court late Thursday that Saudi Crown Prince Mohammed bin Salman should be immune in a civil lawsuit over the 2018 murder of journalist Jamal Khashoggi, CPJ issued the following statement condemning the decision: 

“The Biden administration’s submission that Saudi Crown Prince Mohammed bin Salman qualifies for immunity from prosecution is a shameful climbdown from any semblance of justice for journalist Jamal Khashoggi,” said CPJ Middle East and North Africa Program Coordinator Sherif Mansour. “The U.S. government should not throw a wrench in the workings of justice by trying to prevent this case moving forward.” 

Khashoggi’s fiancée, Hatice Cengiz, and Democracy for the Arab World Now – the advocacy group Khashoggi founded – are plaintiffs in a lawsuit filed in U.S. district court against bin Salman and his alleged accomplices for the journalist’s killing at the Saudi consulate in Istanbul. U.S. intelligence have said the murder was likely approved by the crown prince. The Biden administration said in its filing that because the crown prince was made prime minister in September, he is now “the sitting head of government and, accordingly, immune,” The Guardian reported. The filing may lead judge John Bates to dismiss the case, the newspaper said. 

In October, CPJ joined the Knight Institute to file a FOIA request asking for the U.S. government to fully declassify an intelligence report on Khashoggi’s murder. The U.S. government released some of its findings in February 2021.


This content originally appeared on Committee to Protect Journalists and was authored by Committee to Protect Journalists.

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A Controversial Decision in Oregon Could Cost Democrats the House https://www.radiofree.org/2022/11/11/a-controversial-decision-in-oregon-could-cost-democrats-the-house/ https://www.radiofree.org/2022/11/11/a-controversial-decision-in-oregon-could-cost-democrats-the-house/#respond Fri, 11 Nov 2022 19:38:23 +0000 https://theintercept.com/?p=414120

Against all odds, Democrats continue to have a plausible path to retaining the House majority, putting a microscope on strategic decisions made by party leaders in the final weeks of the campaign. The race may even come down to a single seat, elevating the cost to the party of its underperformance in the home state of Rep. Sean Patrick Maloney, D-N.Y., the chair of the Democratic Congressional Campaign Committee whose high-profile bigfooting of a fellow Democrat ended with his surprise loss on Tuesday.

It has also put a spotlight on a race in Oregon that could prove pivotal. There, Democratic nominee Jamie McLeod-Skinner is locked in a tight battle with millionaire Lori Chavez-DeRemer for the 5th Congressional District, which stretches south and east from the Portland suburbs in Clackamas County to Deschutes County, which includes the rapidly growing and highly competitive city of Bend. McLeod-Skinner made national headlines earlier this year for defeating seven-term incumbent Kurt Schrader in a fiercely contested primary. Her win — the only success an insurgent candidate notched against a Democratic incumbent this cycle — was driven by a lopsided overperformance in Deschutes.

Schrader had been a member of the so-called Unbreakable Nine who organized against President Joe Biden’s Build Back Better agenda, and said in a private call with the dark-money sponsors of their operation, No Labels, that he hoped to kill it. National progressive groups as well as most of the local Democratic Party operations rallied behind McLeod-Skinner to knock out Schrader in May.

While the DCCC made an investment of just under $2 million dollars in the race, they came off the air in the final few weeks, and the leadership-aligned super political action committee, House Majority PAC, made the eyebrow-raising move to triage the race altogether. House Majority PAC communications director CJ Warnke declined to explain the reasoning behind the move at the time, but told The Intercept Friday that House Majority PAC “had to make strategic decisions across the country to build the most optimal path to Democratic success this cycle.”

“Our investments,” he continued, “made a major difference across the country and in Oregon, where we spent nearly $4 million for Congresswoman-elect Val Hoyle in OR-04 and State Rep. Andrea Salinas in OR-06 — who both faced an unprecedented amount of Republican spending this year.”

Of course, the fiasco in the neighboring 6th Congressional District also has House Majority PAC’s fingerprints all over it. There, progressive state representative Andrea Salinas entered the general election bruised from the most expensive primary contest in the nation after former cryptocurrency billionaire Sam Bankman-Fried and House Majority PAC teamed up in an over $10 million failed attempt to anoint political newcomer and effective altruist Carrick Flynn as the nominee. The unorthodox partnership appeared to be the result of a quid pro quo, as Bankman-Fried contemporaneously donated $6 million to the committee. House Majority PAC spent $1 million on Flynn and ended up spending over $3.25 million of the remainder helping Salinas win the general election in a seat that was considered safe earlier in the cycle. The DCCC also spent $1.75 million boosting Salinas. (Bankman-Fried was worth billions of dollars at the time; as of now, he appears broke.)

Republicans, on the other hand, treated the race in Oregon’s 5th District as the toss-up it clearly was; they spent nearly $8 million in total — an amount that steadily ballooned all the way through Election Day.

That put Oregon’s 5th in the top 20 when it came to spending by House Republicans, while McLeod-Skinner was near the bottom for Democrats when it came to competitive races. Republicans also had more money to work with: Congressional Leadership Fund, the House Republican super PAC, had some $250 million to parcel out across the country, while the Democrats’ super PAC spent around $140 million. “The data just wasn’t there on that race,” argued one Democratic operative involved in the race. “Portland was also an incredibly expensive media market. I don’t know where you would have pulled the money from.” Of course, the cheaper Bend media market, in the southeastern part of the district, also went untapped.

While a handful of progressive organizations stepped in to alleviate some of the massive financial disparity — including a $1 million investment from Working Families Party that stretched across the primary and general — their limited resources meant McLeod-Skinner, who has long declined support from corporate-funded PACs, was left with an outside spending deficit of over $5 million. The progressive groups who worked to close that gap have been sharp in their criticism. “While they pumped last-minute money into the DCCC chair’s losing race in New York,” Indivisible national political director Dani Negrete told The Intercept, “Jamie has been holding on entirely based on her strength as a candidate and her grassroots support.”

The party’s underinvestment in McLeod-Skinner is reminiscent of Democrats’ decision to abandon progressive nominee Kara Eastman during her 2018 run against Nebraska Rep. Don Bacon. After Eastman won a stunning upset against the national party’s handpicked nominee, former representative Brad Ashford, Democrats’ national committees declined to spend significant money to help her in the general election, which she lost by just under 5,000 votes. When Eastman was renominated for the seat in 2020, the national party lent its support, but the damage was already done. Millions in unanswered ads from previous cycles had defined her image to the electorate, and Bacon, whose prior record was in step with harder line conservatives in his party, moderated his image substantially. He won by over 4 percentage points.

Despite the headwinds he faced this year, Bacon trounced moderate Democrat Tony Vargas, who ran with the early blessing of the national party, by a margin nearly identical to the margin he beat Eastman by in 2020 — demonstrating that progressive antipathy is unworkable as either a short-term or long-term strategy if national Democrats hope to wield power rather than appease wealthy donors.

Elected Democrats have heaped praise on outgoing DCCC Chair Maloney for the unexpectedly strong performance despite the steep losses the party suffered in Maloney’s own backyard. In a twist, the loss of Maloney’s own seat, in the suburban 17th District in New York, is being heralded as an act of self-sacrifice rather than evidence of a severe lapse in judgment.

House Speaker Nancy Pelosi, D-Calif., suggested Maloney should be lauded for his loss, on the grounds that it enabled victory elsewhere across the map. Former presidential contender and current Rep. Seth Moulton, D-Mass., echoed that sentiment, declaring himself “first on the list” of Maloney fans for supposedly putting himself at risk for the sake of the party.

Several of the Democratic seats that Republicans managed to pick up — including the Long Island-based 3rd and 4th districts, which Biden won by 8 and 15 points respectively — saw less than $3 million in investments by the DCCC and House Majority PAC. Those figures greatly lag the over $4 million in spending Maloney was able to marshal from new outside PACs in his ill-fated quest to hold a seat Biden won by over 10 points, according to a DailyKos calculation. In Long Island, Democrats were also hurt by the retirement of Rep. Tom Suozzi, and the redistricting process ordered by the Court of Appeals, which pushed the primary back to September, giving Democrats only two months to campaign for the general election.

Some races in California, where key elections hang in the balance, also saw Democrats outspent. In two particularly glaring examples, the party’s national committees invested a measly $23,000 in Christy Smith and an underwhelming $204,000 in Jay Chen: two Democratic nominees who challenged Republican incumbents in Democratic-leaning districts.

Smith said she has a “very narrow” path remaining, as ballots continued to be counted, but had no kind words for Washington Democrats. “They did more than give up on me,” she said, noting that the DCCC recruited a candidate to run against her in the primary, despite her having lost in 2020 by fewer than 350 votes. With the party machinery behind John Quaye Quartey, Smith’s fundraising capacity was suppressed, and she blew through her million dollars to win the primary, entering the general broke. The national party’s preferred candidate won just 4,037 votes in the primary. “That was also a waste of the $1 million in donor money he raised to get a single digit result. Two million dollars in Dem donor money wasted on a primary that they created,” Smith said. After that, the party walked away from the race.

And in neighboring Arizona, Democrat Kirsten Engel is defying expectations in her bid for the Tucson-based 6th Congressional District after receiving just over $70,000 in support from Democrats’ national committees — a paltry sum against an opponent who received nearly $5 million in support from equivalent Republican groups.

Both parties missed some of the close races. Nobody saw the challenge Democrat Adam Frisch would present to Rep. Lauren Boebert in Colorado, in a race still too close to call. And in California’s 41st District, neither national party invested in any serious way, with the race neck and neck as mail ballots are counted.


This content originally appeared on The Intercept and was authored by Austin Ahlman.

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Starbucks’ Decision to End COVID Protections Endangers Me and Other Baristas https://www.radiofree.org/2022/10/28/starbucks-decision-to-end-covid-protections-endangers-me-and-other-baristas/ https://www.radiofree.org/2022/10/28/starbucks-decision-to-end-covid-protections-endangers-me-and-other-baristas/#respond Fri, 28 Oct 2022 16:15:11 +0000 https://progressive.org/latest/starbucks-end-covid-protections-humphrey-281022/
This content originally appeared on The Progressive — A voice for peace, social justice, and the common good and was authored by Alisha Humphrey.

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Govt decision to block 4 videos on YouTube channel ‘Mr Reaction Wala’ perplexing https://www.radiofree.org/2022/10/28/govt-decision-to-block-4-videos-on-youtube-channel-mr-reaction-wala-perplexing/ https://www.radiofree.org/2022/10/28/govt-decision-to-block-4-videos-on-youtube-channel-mr-reaction-wala-perplexing/#respond Fri, 28 Oct 2022 13:46:30 +0000 https://www.altnews.in/?p=131538 The ministry of information & broadcasting (MIB) on September 26 announced the blocking of 45 videos from 10 YouTube channels. The MIB said in a statement: “Based on the inputs...

The post Govt decision to block 4 videos on YouTube channel ‘Mr Reaction Wala’ perplexing appeared first on Alt News.

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The ministry of information & broadcasting (MIB) on September 26 announced the blocking of 45 videos from 10 YouTube channels. The MIB said in a statement: “Based on the inputs from intelligence agencies, the Ministry of Information & Broadcasting has directed YouTube to block 45 YouTube videos from 10 YouTube channels. Orders to block the concerned videos were issued on 23.09.2022 under the provisions of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021.”

On going through the available content of the 10 channels, Alt News could see that there was an inherent bias in their selection. When it reached out to the channels, only two of them — Dhruv Rathee and Mr Reaction Wala (MRW) — cooperated with this correspondent. Of the two, Alt News could only access the four removed videos posted by MRW. Upon close analysis of the clips, the reasons for their removal were not apparent.

According to the ministry statement, the blocked content was found to be detrimental to the ‘sovereignty and integrity of India, security of the State, India’s friendly relations with foreign States, and public order in the country.’

The press note also stated three types of content categories under which the ban was exercised  —

  • Reason 1 (Communal misinformation): The content included fake news and morphed videos spread with the intent to spread hatred among religious communities. Examples include false claims such as the Government to have taken away the religious rights of certain communities, violent threats against religious communities, declaration of civil war in India, etc. Such videos were found to have the potential to cause communal disharmony and disrupt public order in the country.
  • Reason 2 (Misinformation targetting India): Some of the videos blocked by the Ministry were being used to spread disinformation on issues related to Agnipath scheme, Indian Armed Forces, India’s national security apparatus, Kashmir, etc. The content was observed to be false and sensitive from the perspective of national security and India’s friendly relations with foreign States.
  • Reason 3 (Incorrect maps): Certain videos depicted erroneous external boundary of India with parts of J&K and Ladakh outside the Indian territory. Such cartographic misrepresentation was found to be detrimental to the sovereignty and territorial integrity of India.

Alt News could not find any of the above reasons applicable to the four blocked videos of MRW. It also went through the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, based on which action was taken against the YouTube channel, but there also, Alt News couldn’t find anything that justified the blocking of the four videos in question.

Analysis of the videos by Mr Reaction Wala that were banned

  • Video 1 [Uploaded on Sept 6, 2020]: In this video titled ‘Ex Muslim Insult Islam Quran & Now Hindu Gods Reaction by MrReactionWala’, the host discusses controversial YouTuber Armin Navabi — who allegedly hurt the sentiments of the Muslim and Hindu communities in a podcast. Around the one-minute mark he opines that “Islam exercises more tolerance when it comes to other religions”. Later, says that no religion should be criticized.

 

  • Video 2 [Uploaded on Oct 6, 2020]: This video is titled ‘Muslim Police Officer Suspended For Keeping Beard’.  (the title is given in both Hindi and English) It is based on a news report that Baghpat sub-inspector Intizar Ali was suspended for keeping a beard without permission. The incident was reported by Hindustan Times, The Times of India, The Print, India Today and others. Hindustan Times reported, “Manoj Singh, the public relations officer of the Baghpat police, cited the police manual and said only Sikhs are allowed to keep a beard while all other policemen have to be clean-shaven.” India Today wrote, “Inputs indicate that SI Intesar Ali was warned three times to seek the department’s permission to grow a beard, and failure to do so resulted in his transfer to police lines.” It’s worth noting that around the 2-minute mark, the anchor opines that this practice of not allowing Muslim police officers to bear a beard goes against Article 25 — Freedom of conscience and free profession, practice, and propagation of religion.


  • Video 3 [Uploaded on May 13, 2021]: The title of the video is in Hindi. it can be translated as “Yogi government shocked, Hindus unite to vote for Muslim pradhan in Uttar Pradesh Ayodhya rural election”. [Yogi सरकार के उड़े होश, Muslim बना प्रधान, हिन्दुओं ने मिल कर जिताया उत्तर प्रदेश अयोध्या ग्राम चुनाव]. The video is about how voters of a Hindu-dominated village in UP’s Ayodhya district elected Hafiz Azeemuddin — a cleric from the lone Muslim family in the village — as the gram pradhan in the 2021 panchayat elections. This incident, too, was reported by several media outlets, including The Times of India, News 18, and The Wire. As per TOI, “Azeemuddin bagged 200 of the total 600 votes, edging past six other candidates in the fray, all of them from the Hindu community. He polled 85 votes more than his nearest rival. There are 27 Muslim voters in Rajapur and all of them are members of Azeemuddin’s extended family.” In the video, around the one-minute mark, the person reading the script says that other leaders like to win elections by illicit means such as indulging in identity politics, offering freebies like non-vegetarian meals and alcohol, and exaggerated promises. Though this is not backed up by data in the video, anyone familiar with Indian elections would know that the claims are not altogether imaginary.

  • Video 4 [Uploaded on March 20, 2022]: This video is titled “Hate Against Muslim, Canada Masjid पर हमला [attack on], Aamir Khan On Hindu”. Unlike the others, this video shows MRW commenting on four contemporary topics  — (1) A 2020 hoax video that was debunked by several news outlets including NDTV; (2) A viral video indulging in anti-Muslim hate speech, (3) An attack on a mosque in Canada which was reported by medial outlets across the world and (4) analysis of Amir Khan’s trolling based on a dialogue from his 2014 film PK. In the last part, MRW pointed out that Paresh Rawal — whose 2012 film OMG: Oh My God! had parallels with Khan’s film —  wasn’t subjected to such trolling.

To sum it up, Alt News found that none of the videos could be categorized under the three reasons listed in the September 26 press release by the ministry of information & broadcasting.

Statement by Mr. Reaction Wala

MRW, who prefers to be addressed by his YouTube handle, told Alt News, “I’m aware that some YouTube channels peddle fake news. However, I don’t feel that the four videos from my channel can be categorized as fake news. Nonetheless, at the moment, I have deleted them from the channel.”

When Alt News asked MRW what kind of content he made, he said, “My videos are not news reports. However, I do commentary on various events from Indian and other countries. Nonetheless, I ensure I am not misleading my audience in any way.”

Among the other channels, Gaurav Thakur from GetsetflyFACT uploaded a detailed video statement on the matter on his YouTube channel GetSetFly Fact. In the video, he explained that before he could make the necessary changes, the video was banned. Similarly, Rathee shared his views about the ban in an interview with Lalantop. Their videos had initially depicted the Indian map erroneously.

The post Govt decision to block 4 videos on YouTube channel ‘Mr Reaction Wala’ perplexing appeared first on Alt News.


This content originally appeared on Alt News and was authored by Archit Mehta.

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Review: ‘Decision to Leave’ Is a Noir for the Surveillance Age https://www.radiofree.org/2022/10/26/review-decision-to-leave-is-a-noir-for-the-surveillance-age/ https://www.radiofree.org/2022/10/26/review-decision-to-leave-is-a-noir-for-the-surveillance-age/#respond Wed, 26 Oct 2022 16:06:33 +0000 https://progressive.org/latest/review-decision-to-leave-noir-surveillance-age-george-102622/
This content originally appeared on The Progressive — A voice for peace, social justice, and the common good and was authored by Joe George.

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OPEC: Is Washington Behind the OPEC Decision to Cut Petrol Output? https://www.radiofree.org/2022/10/12/opec-is-washington-behind-the-opec-decision-to-cut-petrol-output/ https://www.radiofree.org/2022/10/12/opec-is-washington-behind-the-opec-decision-to-cut-petrol-output/#respond Wed, 12 Oct 2022 05:34:50 +0000 https://dissidentvoice.org/?p=134244 PressTV – Background Tensions are heating up between the United States and Saudi Arabia after Riyadh-led OPEC and allied oil producing countries announced a big output cut, defying Washington’s pressure. US Secretary of state, Antony Blinken, says the government is working closely with Congress to review alternatives regarding ties with Saudi Arabia. That’s a day […]

The post OPEC: Is Washington Behind the OPEC Decision to Cut Petrol Output? first appeared on Dissident Voice.]]>
PressTV – Background

Tensions are heating up between the United States and Saudi Arabia after Riyadh-led OPEC and allied oil producing countries announced a big output cut, defying Washington’s pressure.

US Secretary of state, Antony Blinken, says the government is working closely with Congress to review alternatives regarding ties with Saudi Arabia. That’s a day after the 23 countries, together known as OPEC-Plus agreed to reduce the output by 2-million barrels per day from the coming November.

Oil producers insisted they want to boost the crude market already reeling from the global economic crisis. But the decision came amid soaring energy prices. Washington harshly reacted to the move by OPEC-Plus, calling it a “shortsighted decision”. It also vowed to reduce OPEC’s control over energy prices. The US has warned the oil cartel about the crippling consequences of its measure for the world economy.

Interview questions referred to the OPEC-plus decision to reduce outputs as an instrument to increase prices, create more energy shortages – all this ahead of a predicted cold winter – and thereby helping to plunge Europe into an economic fiasco.

And how come President Biden failed to convince Saudi Arabia to increase OPEC’s oil production to keep economies around the world alive? Instead, Washington may be accusing Riyadh of siding with Washington?

Responding, I said that this was another big sham; that Biden never tried to convince OPEC to increase petrol output. To the contrary, the US wanted to destroy Europe, and what better way of doing so than to deprive them from the energy that would keep Europe’s economy turning?

By pretending the contrary, Washington just wanted to make sure that they are perceived as the “good guys”, wanting to help the world to get enough energy to sustain their economies.

Whatever happens these days, we have to put into the context of the Big Picture, and that’s like almost always the “Great Reset” or UN Agenda 2030 – their planned disastrous predicaments for Europe and the world.

In fact, OPEC-plus Petrol Output reduction (2 million barrels per day), if it happens, will be following instructions of the US. Washington is known for dancing on several weddings at the same time. They show this all the time.

Referring to WWII, as one of the most flagrant examples: The US was officially fighting against Hitler, while at the same time funding his war against the Soviet Union. With money directly from the FED and with Petrol delivered by the Rockefeller’s Standard Oil.

Today, we are talking about a much bigger plan, as depicted in the Great Reset, aka. UN Agenda 2030, aiming at a One World Order, plunging the entire 193 UN member countries into an abyss of unheard proportions.  – Associations of countries, like the Euro-block, as well as individual countries sovereignty have to be destroyed.

The plan is to actually devastate Europe with the help of two of the most corrupt and treacherous German politicians, the President of the EU Commission and the German Chancellor. They were put into their positions precisely for their treacherous character and lack of ethics.

It was clear from the beginning that US / NATO was behind the sabotage of Nord Stream 1 and 2, with the full knowledge and acquiescence of Madame Ursula von der Leyen, and very likely also of Chancellor, Olaf Scholz.

After all, there is plenty of evidence, including Biden telling a journalist on 2 February 2022 that he has means to stop the flow of Russian gas to Germany and Europe.

See the full PressTV Interview here:

The post OPEC: Is Washington Behind the OPEC Decision to Cut Petrol Output? first appeared on Dissident Voice.


This content originally appeared on Dissident Voice and was authored by Press TV.

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In Decision on Putting Wolves Back on Endangered List, Martha Williams Confronts Her Montana Past https://www.radiofree.org/2022/09/29/in-decision-on-putting-wolves-back-on-endangered-list-martha-williams-confronts-her-montana-past/ https://www.radiofree.org/2022/09/29/in-decision-on-putting-wolves-back-on-endangered-list-martha-williams-confronts-her-montana-past/#respond Thu, 29 Sep 2022 11:00:19 +0000 https://theintercept.com/?p=409117

Martha Williams is at a crossroads. As director of U.S. Fish and Wildlife Service, the agency responsible for enforcing the Endangered Species Act, Williams is arguably the most important official in Washington for saving wildlife amid the ongoing mass extinction crisis. Last year, her agency announced a review to determine whether wolves in the Northern Rockies should regain federal protection under the landmark statute after Montana and Idaho launched the most aggressive wolf hunts in recent history.

The circumstances would be delicate for any director. While the presence of wolves has been battle in the West’s culture war for generations, the fight has taken on an intensity unlike anything the region has seen since the animals were first reintroduced there in the 1990s. For Williams, the assessment has added significance requiring her to delve into her own past as the head of Montana’s game agency.

Williams’s review is probing the conduct, regulations, and science of a department she once led and shaped, in a state she still calls home. As a top attorney and later as a director, Williams’s career is defined by her years in Montana’s Fish, Wildlife and Parks, better known as FWP. Across a decade and half of service, Williams earned respect on both sides of the wolf wars and helped craft a legal framework for protecting the state’s most political animal. Now a top federal official, Williams’s supporters are pulling her in divergent directions, while critics are questioning her credentials and calling on her to step down entirely.

Last year’s changes in wolf hunting and trapping regulations were felt particularly hard in Yellowstone National Park, which weathered its deadliest season in living memory. With a new Montana wolf hunting season underway and park researchers studying the unprecedented levels of human-caused mortality, the deadline for the federal government’s review has now passed, and environmental groups have filed suit demanding that Williams take action.

Two policy decisions from Williams’s Montana years are central to the assessments she is making in her Endangered Species Act review. The first has to do with how wolf populations in the region are estimated. The second is the unique category that wolves occupy under Montana law: Originally designed as a protection during Williams’s years as an FWP attorney, the special category paradoxically made wolves more vulnerable to controversial hunting techniques following her tenure as FWP director.

“What Montana has done is they basically turned that regulatory mechanism on its head, and they are now using it effectively as a threat to wolves, not as a protection,” Dan MacNulty, associate professor of wildland resources at Utah State University, told me. “That’s very concerning, and I think it should concern the Fish and Wildlife Service in terms of whether or not Montana is living up to the commitment it made with respect to that delisting rule.”

Fish and Wildlife Service announced the review of a petition to relist wolves in the Northern Rockies in September 2021, eight months after Williams had become the agency’s acting leader. The review followed dramatic regional changes in state hunting and trapping regulations. Under pressure from environmental organizations to appoint a confirmed leader at FWS, President Joe Biden nominated Williams the following month. The nomination was celebrated by both environmental groups and an array of hunting interests. Sen. Jon Tester, a Montana Democrat, and Sen. Steve Daines, a Montana Republican, both urged their colleagues to vote for confirmation.

Dave Parsons, a retired wildlife biologist who led the FWS reintroduction of wolves in the Southwest in the 1990s, was one of the few voices of public dissent. For nearly a year, Parsons, along with Bob Aland, a retired attorney and environmental activist, have been waging a two-man campaign to remove Williams from the position. The reason, they argue, is that she is unqualified under the law. Federal statute requires that the director of FWS have “scientific education and experience” and be knowledgeable in “the principles of fisheries and wildlife management.”

While Williams’s experience is undeniable, her educational background is in philosophy and law, not science. “My primary concern on the surface is not her as an individual,” Parsons told me. “My interest is saving the agency from this now dark path, where the precedent has been set that you can put in a person without biological credentials in violation of the law.”

The issue has come up before. In 2018, Greg Sheehan stepped down as principal deputy director of FWS under President Donald Trump after then-Interior Secretary Ryan Zinke sought to have him take full leadership of the agency. Zinke’s effort failed due to Sheehan’s lack of a science degree. How Williams navigated the requirement is unclear. (FWS declined to make the director available for an interview or to comment on the appointment.)

In December, Parsons wrote an op-ed describing how every FWS director going back to the Nixon administration had met the scientific education requirement. “I’m trying to save my old agency, for crying out loud,” he said. “Try to imagine Trump Act II and that law just thrown under the rug.”

In the weeks leading up to Williams’s confirmation hearing, he and Aland informed aides on Capitol Hill that Williams lacked a scientific background. They contacted the White House, the Department of the Interior, and FWS.

When Williams appeared before lawmakers in November, the issue never came up. She was confirmed in a bipartisan 16-to-4 vote in February.

November 17, 2021 - Washington, DC, United States: Martha Williams, nominee to be Director of the United States Fish and Wildlife Service, speaking at a hearing of the Senate Environment and Public Works committee. (Photo by Michael Brochstein/Sipa USA)(Sipa via AP Images)

U.S. Fish and Wildlife Service Director Martha Williams speaking at a hearing of the Senate Environment and Public Works committee, in Washington, D.C., in November 2021.

Photo: Michael Brochstein/Sipa via AP Images


Williams’s confirmation was the culmination of a long career enmeshed in the legal wrangling surrounding wolves and the Endangered Species Act.

Wolves were reintroduced to Yellowstone National Park and central Idaho under the law in 1995, after a government extermination campaign led to their near-total extirpation decades before. Williams joined Montana’s game agency three years later and, over the next decade and a half, represented the state in its delisting efforts.

The first wolf arrives in Yellowstone at the Crystal Bench Pen (Mike Phillips-YNP Wolf Project Leader, Jim Evanoff-YNP, Molly Beattie- USFWS Director, Mike Finley-YNP Superintendent, Bruce Babbitt-Secretary of Interior) ;Jim Peaco;January 12, 1995;Catalog #15032

The first wolf arrives at Yellowstone National Park in a pen carried by, from left, Mike Phillips, Yellowstone Wolf Project leader; Jim Evanoff, Yellowstone environmental protection specialist; Molly Beattie, U.S. Fish and Wildlife Service director; Mike Finley, Yellowstone superintendent; and Bruce Babbitt, secretary of the interior, in January 1995. Photo: Jim Peaco/NPS

Under the terms laid out by FWS, wolves in the Northern Rockies — Montana, Idaho, and Wyoming — would be considered recovered once there were 30 breeding pairs raising at least two pups each for three consecutive years. In 2002, the agency announced that the criteria had been met. Before the transfer of management authority could happen, however, the states needed to prove that they had a regulatory framework in place to support continued wolf recovery.

In Montana, the solution Williams and her colleagues came up with was to categorize wolves as a “species in need of management.” The special designation had surfaced a year before, in a bill passed by the Montana Senate, which aimed to carve out a space for wolves once they were removed from the state’s endangered species list.

Categories are key to wildlife governance. Generally, “game” animals, like elk or deer, can be hunted but not trapped, while “furbearers,” like otters or bobcats, can be trapped but not hunted. In many states, “predators,” like coyotes, can be killed anytime, anywhere without a license or a defined season. In a 2003 environmental impact statement that Williams consulted on, Montana made the case that wolves would stand apart as a “species in need of management,” receiving “full protection” as a non-game animal. Once wolves were recovered, the state’s game commissioners would decide which of Montana’s more conventional categories fit the animals best.

In 2009, the Obama administration announced the delisting of wolves in Montana and Idaho, but not Wyoming, which continually failed to come up with a plan that didn’t involve treating the animals as predators that could be shot on sight. “Montana did an outstanding job of describing, in detail, its regulatory framework and its commitment to wolf management,” FWS noted in its rule.

The delisting was immediately challenged and in 2010 struck down by a federal judge.

Williams was recruited to her first Interior Department stint the following year. She had once again joined a government agency facing a historic moment for wolves. That same year, Tester, the Democratic senator from Montana, attached a rider to a federal budget bill that reversed the court’s decision to reject delisting and prohibited any other judge from undoing the reversal. The move was unprecedented and political: Tester was up for reelection in one of the most important races of 2012, facing an opponent who claimed that he was out of touch with rural voters on the wolf issue.

Senator Jon Tester, a Democrat from Montana, walks through the US Capitol building in Washington, D.C., US, On Saturday, Aug. 6, 2022. The Senate is in for a rare weekend session as Democrats look to pass their tax, climate, and drug-pricing bill through the budget reconciliation process. Photographer: Ting Shen/Bloomberg via Getty Images

Sen. Jon Tester, D-Mont., walks through the Capitol building in Washington, D.C., on Aug. 6, 2022.

Photo: Ting Shen/Bloomberg via Getty Images


Tester won the race, and wolves have been off the Endangered Species List in Montana ever since. Williams returned to her home state as a law professor at Montana State University soon after. In 2017, she was nominated by then-Montana Gov. Steve Bullock to serve as director of Montana’s FWP, the first woman in the position.

Williams created a review committee in 2018 to study whether the array of hunting and trapping regulations that FWP produced each year were in line with state law. She also presided over the implementation of a new model for estimating wolf populations in the state. Both efforts would play key roles in the wolf review she is now overseeing as director of the nation’s most important wildlife agency.

Aimee Hawkaluk was a staff attorney at FWP from 2012 until January of this year. She served on the committee that Williams convened to review regulations. Speaking in a personal capacity and not as a representative of her former or current employer, Hawkaluk said the committee ultimately determined that years of wolf hunting and trapping regulations in Montana misrepresented the law, and that the problem related to the “species in need of management” categorization developed in the early 2000s.

The original idea was that wolves would have a higher degree of protection until they were recovered, at which point they would be reclassified as a furbearer or game animal. “That’s never happened,” Hawkaluk told me, “so they’re just kind of stuck in limbo as a species in need of management.”

The upshot was significant. Following the 2009 delisting, FWP issued regulations each year explaining to hunters and trappers what they could and could not do in pursuit of wolves. Among the prohibitions were the use of aircraft and radio telemetry equipment — the kind of gear biologists use to find and monitor wildlife. Those prohibitions, however, were effectively copied from the state’s game animal regulations. As a non-game species in need of management, wolves did not have those protections, Williams’s committee determined. In the department’s view, the warnings amounted to an ongoing, decadelong mistake.

The review committee conducted its work over two years, reaching some of the critical conclusions on the technology that could be used to hunt wolves after Williams packed up for her return to Washington in 2021. The timing was critical. Despite the many opportunities already offered under the law, Republican lawmakers and a subset of hunters and trappers had long argued that Montana’s regulations did not go far enough. They agitated for wolves to be treated as predators that could be killed with little restriction.

“I had a bill that was going to place wolves on the predator list — make them a predator, just treat them as predator,” Bob Brown, a Montana state senator, said at an FWP Committee hearing last year. But after speaking with the governor’s office, FWP, and others, he concluded it was not the right approach “because it could lead to relisting.” Instead, the senator introduced legislation to slash Montana’s wolf population by giving hunters and trappers the authority to kill an unlimited number of wolves using bait, snares, and, on private land, authority to hunt at night with bright lights and night-vision goggles.

“I think a lot of folks of whatever view on wolves are probably a bit concerned about opening the can of worms. And so here we stand.”

It was the kind of extreme proposal that normally died on the governor’s desk in Montana, but things had changed the previous fall. Voters elected Greg Gianforte as Montana’s first Republican governor in a decade and half. Gianforte stacked the most important posts in Montana’s wildlife decision-making apparatus — from Williams’s old job atop FWP to the commissioners who create policy for the department — with campaign contributors, a former running mate, and representatives of aggressively pro-wolf hunting interests. He then went on to sign Brown’s bill and a half dozen other measures targeting the state’s most iconic predator.

In response, nearly three dozen veteran Montana wildlife managers, many of them Williams’s former FWP colleagues, published an essay decrying Montana’s “anti-predator hysteria” and the “partisan political intervention that overturned decades of sound wildlife policy.”

Despite the pushback, Gianforte’s commissioners approved the most aggressive regulations in recent Montana history for last winter’s wolf hunt. At the same time, the results of Williams’s review committee came to fruition in the form of the state’s 2021 wolf regulations.

Advocacy organizations soon noticed the prohibition on aerial hunting had disappeared and called on a Montana judge to issue an injunction to stop the practice. At a court hearing in February, Hawkaluk described how Williams’s review committee concluded that wolves were not in fact protected from aerial hunting under state law. (The practice remained illegal under a federal statute, though FWP’s regulations omitted that fact.)

The original idea of a “species in need of management” had been twisted beyond recognition. Instead of bestowing protections, the designation made the animals vulnerable to a tactic used for the culling of feral hogs. “It doesn’t seem to fit what that law was created to do,” Hawkaluk told me, reiterating that she was speaking for herself.

For Hawkaluk, the trajectory of wolves within Montana’s bureaucracy reflects the contentious politics that surrounds the animals. “I think it’s just so convoluted now that it would take an overhaul to crack that, and I think a lot of folks of whatever view on wolves are probably a bit concerned about opening the can of worms,” she said. “And so here we stand.”

Aerial hunting wasn’t the only tactic to disappear from Montana’s regulations last year. Without public notice, the prohibition against using radio telemetry equipment was also gone. There is at least some evidence that hunters may have attempted to take advantage of the new opportunity.

Early one morning last February, a group of ecotourism guides gathered with their clients north of Yellowstone National Park’s boundary line. They were hoping to spot a mountain lion when a flash of unusual human activity caught their attention instead.

A man had pulled up in a pickup truck. He parked, stepped out of the vehicle, and raised above his head what looked like a radio antenna. He had neither the uniform nor the vehicle of a government official. As the truck pulled away, a third guide recognized the driver as one of the area’s most well-known proponents of aggressive wolf hunting north of Yellowstone.

The guides were concerned. By that point, hunters and trappers had killed an unprecedented 19 of the park’s wolves, many in and around the area where they now stood. The guides sent witness statements to an FWP game warden. When I visited Yellowstone in late May, word of the incident had spread among the park’s research and touring community. I interviewed the guides and reviewed their statements to FWP, then asked the department about the claims and whether hunting wolves with telemetry equipment was now legal.

“FWP game wardens looked into the report and found no functional telemetry equipment or evidence of violation,” Morgan E. Jacobsen, a spokesperson for FWP’s southwest region, said in an email in July. As for using telemetry in wolf hunts, Jacobsen added: “This would not be lawful while in the act of hunting under Montana’s statute on two-way communication.”

In the portion of Montana that abuts Yellowstone Park, the death toll of 19 wolves marked a 342 percent increase from the previous decade’s annual average of four.

The following week, The Intercept published an investigation revealing that the final Yellowstone wolf to die in last winter’s hunt was a radio-collared animal, killed by a veteran backcountry park ranger in the same gulch where the guides had seen the hunter with the antenna. The ranger told me that, following his kill, he became the subject of a National Park Service investigation in which he and other Yellowstone law enforcement officials were accused — falsely, he said — of sharing location information on collared wolves with hunters outside the park. NPS declined to comment on the claims, citing an ongoing investigation. FWP, meanwhile, said its Helena-based special investigations unit was conducting a separate investigation into the wolf’s killing.

The day before the story broke, Brian Wakeling, FWP’s game management bureau chief, wrote to the guide who had recognized the hunter and explained that hunting wolves with telemetry gear was legal in Montana — contradicting the statement his colleague gave to The Intercept just six days earlier. “The department cannot enforce laws that are not applicable and did not wish to imply that the regulation applied to wolves,” Wakeling wrote.

Ecotourism guides weren’t the only ones concerned about the issue. On July 20, the day The Intercept’s wolf investigation went live, Cam Sholly, the superintendent of Yellowstone National Park, sent a letter to Montana’s game commissioners arguing that using telemetry to hunt wolves violated the fair chase principle, which holds that human hunters do not take unfair advantage of nonhuman prey, and requested that “this prohibition be re-inserted into your regulations.”

Montana’s wolf season was over by that point. In the portion of the state that abuts Yellowstone Park — where longstanding quotas on wolf kills were eliminated entirely — the death toll of 19 wolves marked a 342 percent increase from the previous decade’s annual average of four.

At a Montana House hearing last spring, Republican state Rep. Paul Fielder voiced support for Brown’s legislation to slash the state’s wolf population, pointing to a “new and improved model” for estimating those numbers, which he claimed showed an increase of approximately 300 animals.

Montana had “about” 1,164 wolves — a problem, Fielder argued, since the state’s wolf management plan referred to just 15 breeding pairs and 150 individual animals. “Basically, we have four times as many wolves in Montana as the wolf management plan calls for,” he said. “So what this bill does is it gives us some more tools to manage wolves, and we’re not talking about necessarily ethical management of them. We want to reduce wolf numbers.”

Fielder failed to note that the figures cited in the state’s management plan reflect a minimum threshold for the state’s wolf population. An official liaison between the Montana Trappers Association and FWP, the state lawmaker was in the middle of passing his own legislation expanding the “tools” — like indiscriminate neck snares — that could be employed in Montana’s not “necessarily ethical” campaign to kill hundreds of wolves.

How many wolves roam the Northern Rockies and whether state policies promote recovery are the central questions Williams’s endangered species review must consider. Few people have had as close a relationship to those questions as David Ausband.

As part of the U.S. Geological Survey’s Cooperative Fish and Wildlife Research Units Program, which partners graduate students and state fish and wildlife agencies for research and technical assistance purposes, Ausband is both a federal employee and a faculty member at the University of Idaho. Prior to taking the job in 2018, he was a senior wildlife research biologist for the Idaho Department of Fish and Game. Before that, he worked in Montana in a USGS unit focused on wolf recovery post-delisting.

In the early days, Ausband explained, monitoring wolves in the Northern Rockies was straightforward. There were fewer packs and the ones that were on the landscape usually had collared members, which made them easier to find. As time went on, things got complicated. Wolves learned to avoid the traps researchers used and, with the legalized hunting, the breakup of packs became increasingly common. “It just got harder to keep collars out,” Ausband said.

With delisting, Montana and Idaho entered a five-year period of federal supervision to ensure the states were complying with the Endangered Species Act. Ausband was among a group of officials from Idaho, Montana, and Yellowstone National Park who gathered each year to sort out which packs belonged to which jurisdictions. Though the work was tedious, it was also critical. In annual reports required under the act, the experts highlighted the existence of “border packs” — as opposed to “resident packs” — whose potential for double-counting could throw off the accuracy of population estimates. There was a lot of wrangling to figure out whose packs were whose, Ausband said, but “they were explicitly accounted for.”

During the transition to state wolf management, Montana and Idaho relied on millions of dollars from the U.S. FWS for the resource-intensive work of monitoring radio collars in the field. As the supervisory period wore on, however, the money ran dry. “It was like a slow decay,” Ausband said. He added, “The states were trying to come up with new, cheaper ways to keep monitoring their population but that wouldn’t break the bank.”

The supervised delisting period and the resources that came with it ended in 2016. Williams returned to FWP as director the following year. With end of federal supervision, the efforts to sort out border packs ended too. “Each state estimates their own population and there’s really none of those debates about border packs anymore,” Ausband said. The question is not whether wolves migrating across state and international borders are being double-counted by the states, it’s to what degree and whether the double-counting has meaningfully impacted the statistics being trotted out by lawmakers to justify extraordinarily aggressive wolf hunts.

“It’s a great question, and I honestly can’t answer it,” Ausband said. “It’s a source of bias. How big it is, I don’t know.”

In 2020, during Williams’s final year as FWP’s director, Montana began using a new system to estimate its wolf population: the “integrated patch occupancy model” — iPOM, for short. Used only in Montana and only for wolves, iPOM was the state’s answer to the problem of diminished resources, supplementing reduced radio-collar tracking with an increased reliance on hunters reporting wolf sightings in the wild.

“The problem is that they don’t know if the hunters are citing resident packs or nonresident packs,” said MacNulty, the Utah State University researcher. For the past year, MacNulty has delved deep into the modeling system that served as the basis for politicians’ calls to make deep cuts to the wolf population. If you don’t know how many wolves there are on the land, he asked, “then how are you going to evaluate the threats to that population?”

“We can’t take wolf recovery for granted. Because the people who want to see a reduction in the wolf numbers are very serious about it.”

MacNulty is not the only one concerned. In his letter over the summer, Sholly, the Yellowstone superintendent, described a “lack of scientific data and low confidence” in Montana’s wolf-counting methodologies. Scott Creel, a large carnivore population ecologist with Montana State University, has also found problems in the state’s model, describing “considerable doubt about the accuracy of population estimates from the iPOM” in a critique published last year.

In March, Daines, the Republican senator and proud backer of last winter’s wolf hunt, urged Williams to take bold action on the Endangered Species Act — not to relist wolves but to delist grizzly bears. In August, the Center for Biological Diversity filed a lawsuit against the director for failing to meet the deadline in the wolf status review. Both Daines and the center supported Williams’s nomination, and both have vastly divergent expectations of the director now that she’s in power. Together their demands reflect the contentious state of predator politics in the Northern Rockies. At the center of that fight is the highly anticipated conclusion of Williams’s review.

For years, MacNulty believed that the region’s wolf population was secure. Right-wing politicians could push for predator-style management, but they were likely to fail. That’s no longer the case. Montana and Idaho now under legal obligation to reduce their wolf populations, and lawmakers have made clear their intent to cut those numbers to the bone.

“We can’t take wolf recovery for granted,” MacNulty said. “Because the people who want to see a reduction in the wolf numbers are very serious about it, and they’re using these flawed outputs to support their positions.”

Time will tell if Williams, another veteran of the West’s wolf wars, agrees.


This content originally appeared on The Intercept and was authored by Ryan Devereaux.

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Malaysia to push ASEAN for swift decision on Myanmar 5-point consensus https://www.rfa.org/english/news/myanmar/malaysia-asean-09202022065957.html https://www.rfa.org/english/news/myanmar/malaysia-asean-09202022065957.html#respond Tue, 20 Sep 2022 11:05:12 +0000 https://www.rfa.org/english/news/myanmar/malaysia-asean-09202022065957.html Kuala Lumpur plans to press ASEAN into deciding the fate of its five-point consensus on Myanmar before the regional bloc’s summit in November, Malaysian Foreign Minister Saifuddin Abdullah said Monday in New York on the eve of high-level proceedings at the U.N. General Assembly.

By November the bloc will need to decide whether the consensus its leaders had agreed on with Myanmar in April 2021 should be junked, said Malaysia’s outspoken top diplomat, who has consistently taken the lead on post-coup Myanmar issues at the Association of Southeast Asian Nations.

Saifuddin spoke to reporters as part of a panel after he met with Burmese opposition members in New York. Monday’s meeting took place amid reports that the junta forces had fired on a village school in Myanmar’s Sagaing region, killing at least seven children, in what appeared to be the deadliest incident involving children since last year’s military coup.

Saifuddin questioned the validity of the consensus.

“Between now and November ASEAN must seriously review if the 5-point consensus is still relevant and decide if it is still relevant. By the time we meet in November, we must ask hard questions and have an answer,” Saifuddin said as he addressed reporters afterwards at Malaysia’s diplomatic mission to the United Nations.

“If it is not working we have to decide what’s next. We cannot go in November and then start talking about it. We have to do the groundwork now.”

The Myanmar military meanwhile has blithely ignored the five-point consensus it agreed to with ASEAN last year, one of the main points of which was an end to violence. Its forces have also killed more nearly 2,300 people since the generals seized power by toppling an elected government on Feb. 1, 2021.

In July, Saifuddin had raised the prospect of scrapping the consensus to resolve Myanmar’s post-coup crisis, after the Burmese junta “made a mockery” of it by executing four political prisoners.

The consensus had called for an end to violence; constructive dialogue among all parties; the mediation of such talks by a special ASEAN envoy; the provision of ASEAN-coordinated humanitarian assistance and a visit to Myanmar by an ASEAN delegation to meet with all parties.

Activists and analysts have lambasted the Southeast Asian bloc for the failed five-point plan to restore democracy to Myanmar, because the junta and its leader, Senior Gen. Min Aung Hlaing, have ignored every point they agreed to 17 months ago at an emergency ASEAN summit in Jakarta.

On Monday, the ASEAN Parliamentarians for Human Rights called the five-point consensus an “unmitigated failure.”

“We have to develop a new model, the way forward is the NUG should be a part of this,” said APHR Chairperson and Malaysian MP Charles Santiago, who attended the press briefing with Saifuddin.

“The NUG has no role to play in the existing model, but now the NUG should be part of the rebuilding of Myanmar,” Santiago added.

The NUG, or the National Unity Government, is the parallel civilian government of Myanmar.

On Monday, Saifuddin also expressed his disappointment with the extent of ASEAN’s dialogue with the Myanmar opposition, namely the NUG and the NUCC, a body of opposition stakeholders.

“Malaysia is not satisfied with the engagement [of ASEAN with the NUG and NUCC] because we have made this call months ago that ASEAN should engage with the NUG and NUCC,” he said.

“There must be consultation between ASEAN and stakeholders, with a clear endgame and the endgame is return to democracy in Myanmar.”

Malaysia was the first ASEAN member to officially contact Myanmar’s shadow, civilian government.

Saifuddin said the NUG in recent months had worked to bring together all the ethnic communities of Myanmar.

“In the past few months, the NUG has done a wonderful job of confidence building in all stakeholders. We have probably not seen such unity among all stakeholders ever,” he said.

“ASEAN must engage with the NUG, and this is something we will again bring up on the 22nd,” he said.

ASEAN foreign ministers are scheduled to meet informally Sept. 22 on the sidelines of the U.N. General Assembly.


This content originally appeared on Radio Free Asia and was authored by By Shailaja Neelakantan for BenarNews.

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DOJ Will Appeal Judge Cannon’s Widely Criticized Decision to Appoint Special Master https://www.radiofree.org/2022/09/09/doj-will-appeal-judge-cannons-widely-criticized-decision-to-appoint-special-master/ https://www.radiofree.org/2022/09/09/doj-will-appeal-judge-cannons-widely-criticized-decision-to-appoint-special-master/#respond Fri, 09 Sep 2022 16:46:01 +0000 https://www.commondreams.org/node/339610

In 2018, Chief Justice John Roberts said, "We do not have Obama judges or Trump judges, Bush judges or Clinton judges."

This proved to be true following the 2020 presidential election, when judges appointed by Democratic and Republican Presidents, including Trump appointees, acted at a historic moment to reject the dozens of meritless lawsuits brought by former President Trump and his allies to overturn the election of Joe Biden as President.

A decision by federal District Court Judge Aileen Cannon may be a harbinger of things to come that could prove Chief Justice Roberts' claim wrong.

Judge Cannon's decision on Monday ordered the appointment of a special master to review the more than 11,000 documents that were removed last month from Mar-a-Lago under a court-approved search warrant in order to retrieve classified, secret, and top secret documents improperly taken by Trump to his country club and home in Florida.

Until the special master completes their work, Cannon also halted the Justice Department's review of the documents in its criminal investigation. This could slow down the investigation for months.

(This afternoon, the Justice Department announced they would move for Judge Cannon to stay the portion of her ruling enjoining the government from further review of the classified documents taken from Mar-a-Lago, while they appeal the decision.)

Last week, Cannon issued a preliminary order that she was inclined to grant Trump's special master request. This was highly unusual in that she seemingly decided the merits of the case before the Justice Department even had a chance to respond to Trump's lawsuit.

Cannon's decision on Monday authorized the special master to review the documents not only for Trump's claims of attorney-client privilege but also for his claims of executive privilege. The latter was also highly unusual, if not unprecedented. (Yesterday, a Washington Post investigation revealed that one of the documents seized at Mar-a-Lago included top secret information about a foreign government's nuclear capabilities.)

The Cannon decision has been widely criticized. According to The Washington Post, "The sheer volume of criticism on the opinion is remarkable, as is the ideological range of voices expressing it, from Harvard constitutional scholar Laurence Tribe to former attorney general William P. Barr."

Barr, a staunch Trump defender during his tenure as Attorney General in the Trump Administration, labeled Cannon's decision "deeply flawed" and "wrong."

In a particularly criticized passage of her decision, Judge Cannon found that as a former President "the stigma associated with the subject seizure is in a league of its own." In doing so, she appeared to be giving private citizen Trump preferential treatment, violating the fundamental principle of our country that all citizens should be treated equally under the law.

In a final unusual action, Judge Cannon denied a motion to allow the filing of an amicus brief that had been submitted by a distinguished group that included former Assistant, Deputy, and Acting Attorneys General and top Justice Department officials who served in previous Republican Administrations. (The brief was prepared by co-counsels Paul, Weiss, Rifkind, Wharton & Garrison, LLP; Amb. Norman Eisen (ret.); and myself.)

The brief strongly disagreed with the decision Judge Cannon ultimately reached. She gave no reason why she would not allow it to be filed.

The federal judiciary is the last line of defense in our constitutional system and did a historic job in protecting our democracy from former President Trump's coup attempt in 2020.

There are millions of election deniers in our country, including a substantial number of candidates running for office, who hope to set the stage for a Trump victory in 2024, regardless of the actual outcome of the election.

How many judges like Cannon are out there? That could determine whether the judiciary continues to serve as the last line of defense for our democracy.


This content originally appeared on Common Dreams - Breaking News & Views for the Progressive Community and was authored by Fred Wertheimer.

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New British PM Blasted for ‘Destructive’ Decision to Lift Fracking Moratorium https://www.radiofree.org/2022/09/08/new-british-pm-blasted-for-destructive-decision-to-lift-fracking-moratorium/ https://www.radiofree.org/2022/09/08/new-british-pm-blasted-for-destructive-decision-to-lift-fracking-moratorium/#respond Thu, 08 Sep 2022 20:56:05 +0000 https://www.commondreams.org/node/339590

Conservative U.K. Prime Minister Liz Truss' Thursday decision to lift a 2019 moratorium on hydraulic fracturing for gas was swiftly decried by climate campaigners, British politicians, and people across the United Kingdom.

"Anyone who thinks that bringing back fracking will solve the energy crisis is living in cloud-cuckoo-land."

"We will end the moratorium on extracting our huge reserves of shale, which could get gas flowing in as soon as six months, where there is local support," the new prime minister said in a speech to Parliament about her broader energy policy, unveiled amid soaring costs tied to Russia's invasion of Ukraine and fossil fuel industry war profiteering.

In response, Oil Change International senior campaigner Silje Lundberg declared that "long gone are the days of lofty COP26 speeches about climate ambition," referencing the global summit for parties to the Paris agreement held in Glasgow, Scotland last year.

"By doubling down on its fossil fuel production, the U.K. has given up any claim to be a credible climate leader," Lundberg said. "The decision to lift the fracking ban will do nothing to assuage the crisis that millions of households are facing as it would take years before any significant production would happen, without any impacts on energy prices. Local communities in fracking areas will have to pay the double price of high energy prices and local pollution."

"It will, however, make the climate crisis worse and further entrench the U.K.'s dependence on the very same fossil fuels that are at the heart of the current social and economic crisis," she continued. "There is an urgent need for sensible short-term solutions for energy efficiency in homes, reducing nonessential energy use, and accelerating the rollout of readily available alternatives to replace fossil gas and oil. More fossil fuels is not the solution to a fossil-fueled crisis."

Fracking is a process that involves injecting a mix of chemicals, sand, and water into the ground to extract gas. The practice has generated concerns about not only the global climate, but also impacts on communities where it occurs, in terms of both human health and the environment.

Friends of the Earth campaigner Danny Gross said that "fracking is a false solution to the cost-of-living crisis. The most effective way to bring down our bills and boost energy security for good is to invest in cheap, clean renewables and a nationwide home insulation and energy efficiency program."

"Anyone who thinks that bringing back fracking will solve the energy crisis is living in cloud-cuckoo-and," he argued. "Fracking is a failed industry that's unpopular and unfeasible."

Both Gross and Georgia Whitaker, an oil and gas campaigner for Greenpeace U.K., pointed out that—as she put it—all the industry achieved in the decade before the moratorium was "two holes in a muddy field, traffic, noise, earthquakes, and enormous controversy."

The fracking ban was imposed in 2019—under Conservative leadership—following a series of earthquakes in Lancashire, which has the nation's only shale gas wells.

After a series of earthquakes around Cuadrilla Resources' Preston New Road fracking operation and the Oil and Gas Authority concluded it could not rule out future seismic activity, the Department for Business, Energy, and Industrial Strategy said that "further consents for fracking will not be granted" unless the industry "can reliably predict and control tremors."

The BBC noted that "in their 2019 election manifesto, the Conservatives said they would not support it 'unless the science shows categorically that it can be done safely.'"

Gross said that "by breaking its manifesto promise on fracking, the government is showing that it's completely out of touch with communities across the country. They have already defeated fracking once and they're ready to do so again."

Whitaker similarly warned that "communities who have this nonsense inflicted on them in the name of an out-of-date ideology will be wondering who their elected representatives are really representing."

Lancashire resident Nick Moore told the BCC that he was "absolutely disgusted" by the decision to lift the ban. The 67-year-old shared that activity at the Preston New Road site caused cracks in the walls of his home—for which Cuadrilla took responsibility, fixing the damage and compensating him.

The Guardian reported that Tina Louise Rothery, a 60-year-old with the women-led group calling themselves the Nanas, returned on Thursday to the Preston New Road site—where she's been arrested seven times—in her group's signature yellow and vowed to involve others, including the protest movement Extinction Rebellion (XR), in the renewed fight against fracking.

"It won't just be frontline stuff. We will oppose this with legal challenges, planning applications. We will call on XR and the unions and the lines to blockade things. We will pull out all the stops," she explained. "And this time we won't settle for a moratorium either. We're just going to keep on hammering this until we get the proper ban on fracking."

Rothery said that she doesn't anticipate local support for fracking, adding that "it's dangling a precious, precious thing, which is a reduction in your energy bills, in a town like Blackpool that is among the most poverty-stricken places in the country—that isn't local support, that's desperation."

Nick Danby, the spokesperson for Frack Free Lancashire, told the BBC that it appears he may be "out of retirement and back campaigning." He also doesn't anticipate local support for the extraction.

Danby, who lives near another site Cuadrilla wanted to frack, added that "there is nothing to indicate fracking can be done safely" and Truss had "thrown our fate to the wind."

The Independent pointed out Thursday that when Chancellor of the Exchequer Kwasi Kwarteng was business secretary earlier this year, he commissioned a report from the British Geological Survey "into whether there were any new scientific developments that could reduce the risk and magnitude of seismic events."

In March, while serving as business secretary, Kwarteng wrote that those advocating for the return of onshore fracking "misunderstand the situation we find ourselves in," given that "even if we lifted the fracking moratorium tomorrow, it would take up to a decade to extract sufficient volumes—and it would come at a high cost for communities and our precious countryside."

"No amount of shale gas from hundreds of wells dotted across rural England would be enough to lower the European price any time soon," the Tory added in his piece for The Mail on Sunday. "And with the best will in the world, private companies are not going to sell the shale gas they produce to U.K. consumers below the market price. They are not charities, after all."

Ed Miliband, the shadow climate minister and former Labour leader, similarly told Sky News Thursday that market prices mean fracked gas extracted in the U.K. wouldn't be any cheaper. He also said lifting the moratorium was "another case of ideology trumping common sense."

"There's only one way out of being in the grip of the geopolitics of [Russian President Vladimir] Putin and others, and that is a clean energy sprint," according to Milliband. "I'm afraid the government seems to be setting its face against that."

The Independent highlighted critiques from other political figures:

Caroline Lucas, the Green MP for Brighton Pavilion, said the decision was "a massive kick in the teeth for [the] vast majority of communities who don't want fracking, a disaster for our climate, and a measure that will make absolutely zero difference to the cost of energy bills."

Leader of the Liberal Democrats Ed Davey said lifting the ban on fracking would do nothing to change the sky-high price of energy.

"The government should be focusing its attention on solar and wind power, the cheapest and most popular forms of energy," he said. "Alongside insulation, investment in renewable power is the best way to bring down energy prices and protect Britain's energy supply in the long term."

While the death of Queen Elizabeth II on Thursday directed some attention away from the new energy plan, critics also called out Truss—who worked for Shell over two decades ago—for refusing to support a new windfall profits tax targeting industry giants.

"By ruling out a windfall tax, Liz Truss, in one of her first acts as prime minister, has written a blank check to the oil and gas giants making £170 billion in excess profits, and the British people will foot the bill," said Milliband. "Every penny her government refuses to raise in windfall taxes is money that they will be loading onto the British people for years to come."

Overall, "the government's energy plan is farcical in its detachment from reality," said Mike Childs, head of science, policy, and research at Friends of the Earth. "It does nothing to tackle the root cause of the energy crisis—our reliance on costly, polluting fossil fuels—and only lines the pockets of the oil and gas companies driving the cost-of-living and climate emergencies."


This content originally appeared on Common Dreams - Breaking News & Views for the Progressive Community and was authored by Jessica Corbett.

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Vietnamese authorities walk back decision ordering artist to destroy 29 paintings https://www.rfa.org/english/news/vietnam/painter-09082022102656.html https://www.rfa.org/english/news/vietnam/painter-09082022102656.html#respond Thu, 08 Sep 2022 14:57:39 +0000 https://www.rfa.org/english/news/vietnam/painter-09082022102656.html The Ho Chi Minh City People’s Committee reversed a decision ordering a popular Vietnamese poet and artist to destroy 29 of his works because he hosted an exhibition in July without a permit, he told RFA.

Bui Quang Vien, better known by his pen name Bui Chat, held the exhibition from July 15-30 at the city’s Alpha Art Station. Authorities on Aug. 9 fined him 25 million dong (about U.S. $1,000) and ordered the destruction of 29 of his abstract paintings, an unprecedented move critics called a “step backward” even in a country known for heavy censorship.

Authorities summoned the painter on Aug. 31 to inform him they had made a new decision on his case, and he received official notification on Monday, he told RFA’s Vietnamese Service.

“Assessments show that the 29 exhibited paintings do not have content that goes against the country’s fine customs or the party and government’s guidelines on culture and art,” the decision said.

“In addition, Mr. Bui Quang Vien is aware of his violations and has expressed his wishes that the paintings not be destroyed,” it said.

Chat told RFA he was happy about the decision.

“It means that [my paintings] can be freely moved from one place to another to be seen by art lovers. I am glad that I was able to get out of a difficult situation,” said Chat.

“The previous decision [of HCMC People’s Committee] asked me to destroy the paintings. Of course, it would be very difficult for an artist to ruin his own works. Additionally, even though I painted all of the paintings,  I no longer own all of them.”

Many of the exhibited paintings were sold to collectors and he did not have the right to destroy them, he said.

Chat said the new ruling showed that local government officials listened to people’s criticism of the original decision. He said that he would consider taking legal action against the People’s Committee in order to have his fine reduced.

Bui Chat, born in 1979, is no stranger to harassment by authorities in the one-party communist state. 

In 2011, he won the International Publishers Association’s 2011 Freedom to Publish Award. However, after returning from a trip to Argentina to receive the prize, he was detained and grilled by the police for two days.

Bui Chat also writes poetry. While Vietnam’s culture police have summoned him many times to discuss his poems but have never fined him for their contents.

Translated by Anna Vu. Written in English by Eugene Whong.


This content originally appeared on Radio Free Asia and was authored by By RFA Vietnamese.

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Ha Tinh province revokes decision to establish a local Generals Association https://www.rfa.org/english/news/vietnam/ha-tinh-province-revokes-generals-association-08312022013009.html https://www.rfa.org/english/news/vietnam/ha-tinh-province-revokes-generals-association-08312022013009.html#respond Wed, 31 Aug 2022 05:40:00 +0000 https://www.rfa.org/english/news/vietnam/ha-tinh-province-revokes-generals-association-08312022013009.html Authorities in Ha Tinh province, on Vietnam's north central coast, have revoked a decision to establish the Duc Tho District Generals Association.

They said the move was intended to prevent the establishment of other groups "like an oil slick." 

On Monday evening the Dan Tri online news site said the Standing Board of the Ha Tinh Provincial Party Committee had written a report to send to central agencies announcing its decision.

It said the reason given was that the association’s profile did not meet regulations concerning what Party members are allowed to do.

The Generals Association has 22 members including police and army generals, according to an article in the Ha Tinh newspaper, which was later withdrawn.

The association held its first congress this month to elect seven delegates to its executive board for a term running until 2027, the paper said.

Among those attending the congress were Sr. Lt. Gen. Vo Trong Viet, a former Deputy Minister of National Defense, and Deputy Secretary of the Provincial Party Committee and Chairman of Ha Tinh Provincial People's Committee, Vo Trong Hai.

The association said its goals included coming up with ideas to build the Communist Party, fight hostile forces and stamp out bureaucracy, corruption and waste.

A former officer of the General Department of Military Intelligence, Vu Minh Tri, told RFA that association is a constitutional right. He said it is normal for retired generals to form associations, which don’t usually break the law.

“I think the revocation is a clear violation of one of the constitutional rights of citizens,” he said. “It also shows the unanimity policy of the Communist Party and State of Vietnam, which is not to accept the right to freedom of association, demonstration, and speech.”

“This is not surprising because the Communist Party of Vietnam has long tried to maintain a monopoly on leadership of the state and society. To do that, it is willing to ignore the Constitution and the law.”

Journalist Vo Van Tao from Nha Trang, said the communist party’s executive committee is concerned about the phenomenon of ‘pluralism’. 

“The disbandment of the association is a suppression of ideas that differ from the orthodox direction of the current top leadership,” he said.

“It’s a precautionary measure. It means that Vietnamese citizens are restricted. Even generals are restricted."

Tao said the government was very concerned about the generals because they were people with important roles who had played a key part in the Vietnam War. He said they sat together and discussed things the current leadership did not like to hear.

He also said Vietnam's legal document system is not perfect, since many lower-level documents contradict higher-level documents.

Article 25 of the Vietnamese Constitution states that citizens “have the right to freedom of speech, press, assembly, association and demonstration. The State ensures the necessary material conditions for citizens to enjoy those rights.”

Vietnam's constitution is copied from many countries with full human and citizenship rights, but always "according to the law," Tao said.

There were mixed views on social media. On Facebook many people criticized the establishment of the association, saying the generals were too proud and did not want society to forget their names.

Others wondered if the association was like other groups which act in support of the regime and operate using funds from the state budget.

Vu Minh Tri, who was stripped of his role in the General Department of Defense and expelled from the Communist Party in 2009, said critics did not see that the establishment of the Generals Association was legal and beneficial to the development of civil society.

He said criticizing the establishment of the association was like "cutting off your own feet" because it gave the government more grounds to continue to violate the basic liberties of citizens.

In 1957, Ho Chi Minh, then president of the Democratic Republic of Vietnam, issued a decree stipulating that everyone has the right to form associations, except those who have lost their citizenship or are being prosecuted by the law.

In 2016, Vietnam's Ministry of Home Affairs presided over drafting the draft Law on Associations, but the National Assembly has repeatedly delayed its discussion or approval.


This content originally appeared on Radio Free Asia and was authored by By RFA Vietnamese.

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False Balance in Establishment Press Coverage of Supreme Court’s Decision to Overturn Roe v. Wade https://www.radiofree.org/2022/08/23/false-balance-in-establishment-press-coverage-of-supreme-courts-decision-to-overturn-roe-v-wade/ https://www.radiofree.org/2022/08/23/false-balance-in-establishment-press-coverage-of-supreme-courts-decision-to-overturn-roe-v-wade/#respond Tue, 23 Aug 2022 20:30:07 +0000 https://www.projectcensored.org/?p=26378 On June 24, 2022, the US Supreme Court overturned Roe v. Wade, ruling out the constitutional right to abortion. States can now prohibit pregnant women and girls from receiving an…

The post False Balance in Establishment Press Coverage of Supreme Court’s Decision to Overturn Roe v. Wade appeared first on Project Censored.

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On June 24, 2022, the US Supreme Court overturned Roe v. Wade, ruling out the constitutional right to abortion. States can now prohibit pregnant women and girls from receiving an abortion, forcing them into involuntary servitude regardless of psychological, social, or economic circumstances. How this decision will impact women’s economic freedom and ability to self-govern in our democratic republic is an important question, and one that the establishment press is failing to address.

Various scholars have fought to understand what the Court’s decision signifies and the establishment media’s influence in presenting these debates is a complex political issue. The media frames the ruling in terms of what Dan Froomkin at Fairness & Accuracy in Reporting (FAIR) describes as “both-sidesism.” In doing so, the establishment press attempts to “be fair in a way that doesn’t alert readers to what the real stakes of the situation are,” Duke University professor Nancy McLean told FAIR.

In addition, Froomkin reported that controlling women’s rights—including basic choices about whether and when to have children—undermines women’s equal status and will produce damaging impacts on the economy. “Only if we see how women are hampered in having a truly fair playing field in the economic sphere will we recognize the true burden of forced parenting—and parenting without social and financial support,” Caroline Fredrickson, a senior fellow at the Brennan Center for Justice, told FAIR.

According to Brookings’ Caitlin Knowles Myers and Morgan Welch, research has shown that abortion access has had profound effects on women’s economic and social lives. Legalization of abortion has reduced cases of child neglect and abuse and improved the likelihood of entire generations of college-educated children.

In the most recent survey of abortion patients conducted by the Guttmacher Institute, Myers and Welch stated that 97 percent are adults, 49 percent are living below the poverty line, 59 percent already have children, and 55 percent are experiencing a disruptive life event such as losing a job, breaking up with a partner, or falling behind on rent. Eliminating abortion access will diminish women’s personal and economic lives, as well as the lives of their families.

Some corporate media outlets addressed these issues. MSNBC opinion columnist Kate Bahn compared the link between women’s bodily autonomy and economic opportunity, claiming that over nearly 50 years of abortion access, women obtained “greater assurance and control over when and whether to start a family, allowing them to better share in economic growth.” Furthermore, Forbes reported that a 2020 study concluded that the salaries of individual women ages 15-44 would be $1,610 higher if all abortion restrictions were eliminated. However, these studies do not address the long-term repercussions that women will face as a result of Roe’s overturn. The research underestimates the full economic impact of the Court’s ruling  for women and their families.

Sources:

Dan Froomkin, “Misogyny, Theocracy and Other Missing Issues in Post-Roe Coverage,” Fairness & Accuracy in Reporting, June 30, 2022.

Caitlin Knowles Myers and Morgan Welch, “What Can Economic Research Tell Us About the Effect of Abortion Access on Women’s Lives?” Brookings, November 30, 2021.

Student Researcher: Lauren Reduzzi (Drew University)

Faculty Evaluator: Mickey Huff (Diablo Valley College)

The post False Balance in Establishment Press Coverage of Supreme Court’s Decision to Overturn Roe v. Wade appeared first on Project Censored.


This content originally appeared on Project Censored and was authored by Vins.

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The Most Dangerous Looming Supreme Court Decision You Never Heard Of https://www.radiofree.org/2022/07/25/the-most-dangerous-looming-supreme-court-decision-you-never-heard-of/ https://www.radiofree.org/2022/07/25/the-most-dangerous-looming-supreme-court-decision-you-never-heard-of/#respond Mon, 25 Jul 2022 14:54:54 +0000 https://www.commondreams.org/node/338535

Friends,

On June 30, the Supreme Court agreed to hear a case called Moore v. Harper. With all the controversial decisions handed down by the Court this term, its decision to take up this case slid under most radar detectors. But it could be the most dangerous case on the Court's upcoming docket. You need to know about it.

As this Supreme Court shows, the future of our democracy is not guaranteed.

Here's the background: Last February, the North Carolina Supreme Court blocked the state's Republican controlled general assembly from instituting a newly drawn congressional district map, holding that the map violated the state constitutional ban on partisan gerrymandering. The Republican Speaker of the North Carolina House appealed the decision to the U.S. Supreme Court, advancing what's called the "independent state legislature" theory. It's a theory that's been circulating for years in right-wing circles. It holds that the U.S. Constitution gives state legislatures alone the power to regulate federal elections in their states.

We've already had a preview of what this theory could mean. It underpins a major legal strategy in Trump's attempted coup: the argument that state legislatures can substitute their own judgment of who should be president in place of the person chosen by a majority of voters. This was the core of the so-called "Eastman memo" that Trump relied on (and continues to rely on) in seeking to decertify Biden's election.

The U.S. Constitution does grant state legislatures the authority to prescribe "the Times, Places and Manner of holding Elections." But it does not give state legislatures total power over our democracy. In fact, for the last century, the Supreme Court has repeatedly rejected the independent state legislature theory.

Yet if we know anything about the conservative majority now controlling the Supreme Court, it's that they will rule on just about anything that suits the far-right's agenda.

Conservatives on the Court have already paved the way for this bonkers idea. Then-Chief Justice William Rehnquist was an early proponent. In his concurring opinion in Bush v. Gore, the 2000 case that halted the recount in Florida in the presidential election, Rehnquist (in an opinion joined by Justices Antonin Scalia and Clarence Thomas) asserted that because the state court's recount conflicted with deadlines set by the state legislature for the election, the court's recount could not stand.

The issue returned to the Supreme Court in 2020, when the justices turned down a request by Pennsylvania Republicans to fast-track their challenge to a Pennsylvania Supreme Court ruling that required state election officials to count mail-in ballots received within three days of Election Day. In an opinion that accompanied the court's order, Justice Alito (joined by Justices Clarence Thomas and Neil Gorsuch) suggested that the state supreme court's decision to extend the deadline for counting ballots likely violated the U.S. Constitution because it intruded on the state legislature's decision making.

Make no mistake. The independent state legislature theory would make it easier for state legislatures to pull all sorts of additional election chicanery, without any oversight from state courts: ever more voter suppression laws, gerrymandered maps, and laws eliminating the power of election commissions and secretaries of state to protect elections.

If the Supreme Court adopts the independent state legislature theory, it wouldn't just be throwing out a century of its own precedent. It would be rejecting the lessons that inspired the Framers to write the Constitution in the first place: that it's dangerous to give state legislatures unchecked power, as they had under the Articles of Confederation.

The Republican Party and the conservative majority on the Supreme Court call themselves "originalists" who find the meaning of the Constitution in the intent of the Farmers. But they really don't give a damn what the Framers thought. They care only about imposing their own retrograde and anti-democracy ideology on the United States.

But we can fight back. 

First, Congress must expand the Supreme Court to add balance to a branch of government that has been stolen by radicalized Republicans. This is not a far-fetched idea. The Constitution doesn't specify how many justices there should be – and we've already changed the size of the Court seven times in American history.

Second, Congress must impose term limits on Supreme Court justices, and have them rotate with judges on the U.S. courts of appeals. 

Third, Congress must restore federal voting rights protections and expand access to the ballot box. We need national minimum standards for voting in our democracy. 

Obviously, these reforms can happen only if Democrats retain control of the House in the midterm elections and add at least two more Democratic senators—willing to reform or abolish the filibuster.

So your vote is critical, and not just in federal elections. Make sure you also vote for state legislators who understand what's at stake to preserve our democracy. Because, as this Supreme Court shows, the future of our democracy is not guaranteed.


This content originally appeared on Common Dreams - Breaking News & Views for the Progressive Community and was authored by Robert Reich.

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The Supreme Court’s Anti-Climate Decision in West Virginia v. EPA Impacts All of Us https://www.radiofree.org/2022/07/06/the-supreme-courts-anti-climate-decision-in-west-virginia-v-epa-impacts-all-of-us/ https://www.radiofree.org/2022/07/06/the-supreme-courts-anti-climate-decision-in-west-virginia-v-epa-impacts-all-of-us/#respond Wed, 06 Jul 2022 15:08:38 +0000 https://www.commondreams.org/node/338124

It’s no secret that the US Supreme Court has issued a number of rulings this year that will hurt working families today and in the future. As a registered nurse living in Miami, the court’s decision in West Virginia v. EPA—which undermines the Environmental Protection Agency’s authority to regulate power plants under the Clean Air Act—is yet another ruling that has me worried about my patients and my coworkers.

Make no mistake: climate change is a public health emergency. Climate change is linked to conditions as diverse as mosquito-borne illnesses like Zika, water-related conditions such as cholera, and mental health problems like post-traumatic stress disorder. A critical tool in fighting air pollution and climate change, the Clean Air Act has saved millions of lives and spared millions of people a trip to the emergency room. 

If Covid-19 has shown us anything, it is that public health is necessary for us to lead full lives and have a functioning economy.

At work, I take care of patients who receive kidney transplants. When they leave the hospital, we gift them with a water bottle emblazoned with the hospital logo. We tell them to take care of themselves not only by taking their medications, but by staying hydrated. Heat and dehydration stress the kidneys and could put their new organ at risk of failing. Doctors and researchers around the world have observed epidemics of heat-related kidney disease, a phenomenon known as “climate-sensitive disease.”  As carbon emissions continue to warm the planet and cause extreme heat waves, simply taking a walk outdoors will be increasingly dangerous for my patients and many others.

In sunny South Florida where many people work outside in construction or agriculture, climate change will bring growing numbers of people to our hospital with heat illness. We’re not alone. Although the most vulnerable among us will feel the greatest impact, everyone—regardless of their race, zip code, occupation, or political party—is affected by harmful pollution, global warming, and climate disasters.

The last two and a half years of life in a pandemic have brought health care workers and the institutions we work for to the brink. Are we prepared for more emergencies—floods, wildfires, Category 5 hurricanes? Can we handle a dramatic increase of people walking through our doors daily with climate-sensitive diseases such as asthma flare-ups, heart failure exacerbations, and heat stroke? Dealing with one crisis has been disruptive enough, but climate change promises to bring dozens of health crises simultaneously, and I fear it will put us over the edge. 

Fighting climate change is a form of preventative health care. Although the Supreme Court ruling will hamper the federal government’s ability to protect our wellbeing, Congress and the White House can take life-saving action by making bold investments in green infrastructure and programs that will decarbonize our economy.  They should also take immediate action to reduce pollution and other causes of climate change. If Covid-19 has shown us anything, it is that public health is necessary for us to lead full lives and have a functioning economy. Our elected leaders must act now to safeguard our future before it’s too late.


This content originally appeared on Common Dreams - Breaking News & Views for the Progressive Community and was authored by Caitlin MacLaren.

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How a 50-year-old PR strategy influenced the Supreme Court’s EPA decision https://grist.org/economics/supreme-court-epa-decision-bruce-harrison-public-relations/ https://grist.org/economics/supreme-court-epa-decision-bruce-harrison-public-relations/#respond Wed, 06 Jul 2022 13:29:27 +0000 https://grist.org/?p=576920 It was a bad time to be working for the chemical industry as a public relations manager. In June of 1962, Rachel Carson had published Silent Spring, a soon-to-be-bestseller that prompted a wave of public concern over pesticides and pollution. A young man named E. Bruce Harrison, the newly minted PR rep for the Manufacturing Chemists’ Association, launched a series of personal attacks against Carson (she wasn’t a “real” scientist, she was biased because she had cancer, maybe she was a communist). The tactic failed: The industry was branded as a villain, and it got stuck dealing with new regulations.

Out of that failure, Harrison came up with a new strategy in the 1970s that would inform his work advising polluting industries in the coming decades. The key to sidestepping regulation was not about antagonism, he figured, but compromise, as the scholar Melissa Aronczyk has documented. What if the environment, energy, and the economy would all be given equal weight? Calling for “balance” between these “Three Es” would lend credence to the industry’s position, making it look reasonable and responsible — and leave environmentalists looking like the ones trying to destroy the economy. Through grassroots efforts, media campaigns, and testimonies at regulatory hearings in the ’70s and ’80s, Harrison spread the idea that economic growth and environmental protection should be given equal consideration.

The strategy proved to be an enormous success, to the point that it played a crucial, but quiet, role when the Supreme Court handed down its decision on West Virginia v. EPA last week. The case concerned the Environmental Protection Agency’s authority under the Clean Air Act to force power plants to cut their pollution through the Clean Power Plan — an Obama-era program that never went into effect. In the court’s 6-3 ruling, Chief Justice John Roberts wrote that federal agencies need clearly stated, explicit approval from Congress to adopt regulations that could have wide social and economic consequences, a decision that will likely be used to diminish government agencies’ regulatory powers.

Not even Justice Elena Kagan, who wrote the dissent, argued against the need for balance. Harrison’s framing has provided the backdrop for political discussions around the environment for so long that it goes unnoticed — with sometimes disastrous results.   

“This viewpoint of the ‘Three Es’ has reigned for 30 years, and it has been a catastrophe,” said Robert Brulle, a sociologist at Brown University. “The results of this have been a steady march of inaction. We’re certainly in the range of dangerous climate change, and we’re coming up to the realm of catastrophic climate change. And so when do we call this out as a failure of policy?”

A street protest with signs reading We the corporations and Supreme Climate Deniers
Members of Extinction Rebellion DC and other groups protest climate inaction after the Supreme Court decision on June 30, 2022, in Washington, D.C. Bonnie Cash / Getty Images

The court’s decision on West Virginia v. EPA relied on the “major questions doctrine,” a vague principle invented by judges, with no basis in the Constitution, that federal agencies cannot make decisions of wide “economic and political significance” unless Congress clearly authorized it. 

Some parts of the conservative majority’s arguments rely on the thinking behind the Three Es, emphasizing effects on the environment and economy. Justice Neil Gorsuch, in his concurring opinion, pointed to “suggestive factors” that support the court’s decision: that the rule in question could have closed dozens of power plants, eliminated thousands of jobs, and potentially — according to “industry analysis” — cause people’s electricity bills to rise by $200 billion.

In the dissent, Kagan cited a line from a 2011 case concerning whether corporations could be sued for greenhouse gas emissions. The court dismissed that case because the Clean Air Act gave the authority to manage carbon dioxide emissions to the EPA, which the late Justice Ruth Bader Ginsburg argued was better positioned to assess the needs of “competing interests” than federal judges. “Along with the environmental benefit potentially achievable, our Nation’s energy needs and the possibility of economic disruption must weigh in the balance,” she wrote.

It was Harrison’s Three Es, enshrined in an earlier Supreme Court decision. 

This idea of “balance” has also done little to protect the economy, one of the three pillars. Homes are burning down and flooding more often, causing home insurance to skyrocket; extreme heat is killing cows and crops, affecting our food supply. Climate change is projected to shrink the U.S. economy by as much as 9 percent within 30 years. “Yes, the Clean Power Plan would have had a significant impact on the economy and our energy mix and the cost of energy, but so does climate change,” said Jennifer K. Rushlow, director of the Environmental Law Center at Vermont Law School. “The majority opinion just sort of ignores that fact.”

a black and white photo of the president signing a document
Witnesses applaud as President Lyndon B. Johnson signs the Clean Air Act on December 17, 1963. Henry Burroughs / Associated Press

Back in the post-Silent Spring 1960s, environmental legislation relied on different principles. The laws that put stricter safety standards on the chemical industry in the 1960s were guided by a moral framework that stigmatized polluters and protected public health. In 1963, the Clean Air Act became the first federal legislation to control air pollution. The ensuing years raised awareness about environmental problems (during the first Earth Day in 1970, an estimated 20 million Americans took to the streets) and brought more legislation, such as the Clean Water Act in 1972 and Endangered Species Act in 1973. Underlying these laws was a philosophy articulated by the biologist Barry Commoner, who argued in the 1971 book The Closing Circle that the ecosystem had unbending limits, and that a sustainable society would restructure the economy to fit inside those bounds.

This put the industry in a hard place. “It took the ’70s to get their act together to counter that,” Brulle said. The oil shortages in 1973 and 1979 caused gas prices to soar and led to “panic at the pump,” providing an opportunity for the oil and gas industry to inject economic and energy concerns into the debate. At the time, Harrison was working for companies that were hoping to weaken the Clean Air Act. Under his guidance, The National Environmental Development Association — a trade group made up of chemical, petroleum, and mining companies — promoted the idea of “balance” in its call for weaker regulations, worked to establish its own standards for assessing air pollution, and gathered public support.

Around the same time, economics was taking a larger role in policymaking. In 1975, the federal government formed the Congressional Budget Office to provide nonpartisan, cost-focused analysis to guide legislation around poverty, health, and the environment. Economics became the predominant lens for evaluating proposals. This all had the impact of dialing down ambition, and the moral framework that guided previous environmental legislation lost its hold, as the sociologist Elizabeth Popp Berman has written.

The new framework favored corporations. In the early 1990s, the fossil fuel industry began commissioning economists to produce research that made legislation look prohibitively expensive. In 1991, for instance, one industry-funded study found that imposing a carbon tax of $200 a ton would shrink the U.S. economy by 1.7 percent by 2020, a finding widely reported in the press. These analyses often omitted important considerations, such as the cost of failing to act on climate change. 

In other words, the “balance” that the fossil fuel industry was calling for lacked a sense of balance. But it has shaped the way that people think about climate change and the economy today, including justices on the Supreme Court.

This story was originally published by Grist with the headline How a 50-year-old PR strategy influenced the Supreme Court’s EPA decision on Jul 6, 2022.


This content originally appeared on Grist and was authored by Kate Yoder.

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The Supreme Court’s EPA Decision Could Hamper Regulators’ Ability to Protect the Public https://www.radiofree.org/2022/07/05/the-supreme-courts-epa-decision-could-hamper-regulators-ability-to-protect-the-public/ https://www.radiofree.org/2022/07/05/the-supreme-courts-epa-decision-could-hamper-regulators-ability-to-protect-the-public/#respond Tue, 05 Jul 2022 21:25:00 +0000 https://www.propublica.org/article/scotus-epa-climate-greenhouse-clean-air-act#1364689 by Lisa Song

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

The Supreme Court decision to limit the Environmental Protection Agency’s ability to regulate greenhouse gases from power plants set off widespread worries that federal agencies won’t be able to protect Americans from harm.

The 6-3 ruling, announced last week, triggered immediate questions at ProPublica, which had spent more than a year reporting on where Americans are exposed to dangerous levels of hazardous air pollutants regulated by the Clean Air Act, the same law at the heart of the Supreme Court case. In a 2021 series, ProPublica showed how industrial polluters have turned neighborhoods into “sacrifice zones” where some 250,000 Americans breathe in carcinogens that expose them to cancer risks the EPA has deemed unacceptable. A lack of air monitoring and enforcement left communities ill informed about the risks they faced, ProPublica found. In the wake of our reporting, the agency stepped up its enforcement and pledged to do more. Did this ruling put those reforms at risk?

To understand the implications of this historic court decision on both the EPA and other federal regulators that hold corporations accountable, ProPublica spoke to two environmental law experts: Patricia Ross McCubbin, a Clean Air Act expert and law professor at Southern Illinois University, and Victor Flatt, a University of Houston law professor and faculty co-director of the Environment, Energy & Natural Resources Center.

At issue in the case, West Virginia v. Environmental Protection Agency, is a 2015 rule issued under President Barack Obama’s administration that was aimed at slashing greenhouse gas emissions from coal power plants, in part by shifting electricity production to cleaner energy types. Lawyers in the case made their arguments before the Supreme Court on Feb. 28, the same day the United Nations released a crucial report warning that climate change kills people and that the world will need to drastically slash emissions in order to avoid the most catastrophic consequences of a warming planet.

Both experts said the Supreme Court decision hinges on a basic question: Did Congress give the EPA, as part of the agency’s mission to reduce pollution, the authority to reduce power plant emissions in the manner the agency proposed in that 2015 rule? The majority on the court said Congress hadn’t granted the agency that power. The ruling relied on what’s called the “major questions doctrine,” which requires that Congress explicitly define what power an agency has to regulate matters that have national significance. This decision, the experts said, could force agencies to tread carefully. However, Flatt and McCubbin said it likely won’t impact the EPA’s regulation of the type of pollutants ProPublica spotlighted in the “Sacrifice Zones” series because Congress has spelled out, in detail, how the EPA should oversee those industrial chemicals.

In her dissent, Justice Elena Kagan wrote that Congress provides overall policy outlines but relies on federal agencies with expertise to figure out the best ways to accomplish those goals. The court itself has no such expertise, she wrote: “Whatever else this Court may know about, it does not have a clue about how to address climate change. And let’s say the obvious: The stakes here are high. … The Court appoints itself — instead of Congress or the expert agency — the decision-maker on climate policy. I cannot think of many things more frightening.”

Justices Stephen Breyer and Sonia Sotomayor joined Kagan’s dissent.

Flatt and McCubbin said the ruling tilts power away from the executive branch and toward Congress, turning on its ear the traditional authority that agencies have to act when Congress’ direction is ambiguous. Our conversation has been edited for clarity:

Can you summarize what the decision means?

Flatt: So, what the ruling said was that EPA can regulate greenhouse gases. But it cannot do certain things unless Congress has explicitly given them the authority to use those tools. ...

That’s a change from the past, where the courts have said, “Well, if Congress isn’t completely clear, we will defer to the agency as long as Congress hasn’t said they cannot do certain things.”

McCubbin: In one sense, this ruling is somewhat narrow. The only thing that the court technically did was declare that EPA could not, under Section 111(d) of the Clean Air Act, require existing power plants to limit greenhouse gas emissions by shifting electricity generation to cleaner energy sources. The court did not say that EPA couldn’t regulate greenhouse gases in some other fashion, even under 111(d). The court did not say EPA couldn’t use other provisions to try to address greenhouse gases.

The basis for the ruling though — this concept called the major questions doctrine — that is a huge potential barrier. Basically, every federal agency is now focused on this phrase.

What is the major questions doctrine?

McCubbin: The major questions doctrine says, in simple terms, that if a federal agency is going to address the really big thorny questions of our day, that agency has to be able to point to some clear authority from Congress, in a statute, to address that big thorny question. Here in this case, the court thought deciding what energy mix we’re going to have in our society is a pretty important question that Congress should weigh in on [and] not leave it to this agency.

And I think there is some truth to that. I think the pendulum maybe has swung to where we have agencies addressing profound issues for our society with very little guidance from Congress. The court’s theory is that Congress is functional enough to actually address these big important issues, and maybe 10 years ago when the House passed Waxman-Markey [a climate change bill from 2009], we were close to being functional. But in this day and age, that theory doesn’t match up with practicality.

I would argue that the concepts of the major questions doctrine have been in other Supreme Court decisions, but this is the first time that the majority has actually used that phrase.

The problem is … the justices in this opinion don’t all agree on what is a really big thorny question. No one knows precisely. For example, Chief Justice John Roberts has one sort of test. Justice Neil Gorsuch in his concurrence has a different sort of test.

How will this ruling affect future climate regulation?

Flatt: Overall, it means that it is going to be more difficult, if not impossible, for the EPA to use certain kinds of regulatory tools. In particular, Justice Roberts, in the majority opinion, called out the potential use of emissions trading that was in the Clean Power Plan, saying that all this fuel switching and requiring different fuels is a very big thing to do. And Congress did not give you authorization to do that. What you need to do with greenhouse gases is essentially regulate them like you’ve regulated other pollutants — using control technology at the source of the pollution itself.

McCubbin: The one good thing about this opinion, actually, is that it did not second-guess an earlier decision where the court said EPA can address greenhouse gases under the Clean Air Act. There were people who were worried that this case would actually go that far. And the court didn't.

So the court wants the EPA to use more traditional forms of pollution control, like installing equipment to reduce emissions at the smokestack. But the EPA said it’s impossible to get significant greenhouse gas reductions through that method.

McCubbin: That’s exactly right. I would suspect that at least some people are wondering, under this opinion now, could EPA require carbon capture and sequestration at a coal facility? That’s a very expensive technology. Would that be a traditional enough method? Or would it still be too big? Would it be too controversial? Would it be too expensive? We don’t know.

What does this mean for the EPA’s ability to regulate the types of hazardous air pollutants discussed in our “Sacrifice Zones” series? The EPA regulates these pollutants under the Clean Air Act, which Congress amended in 1990.

McCubbin: Many of these statutes are quite old and quite generic. But the hazardous air pollutant provision [a section of the Clean Air Act] is an example of, I think, what the court thinks Congress should do. In 1990, Congress … really did its job and specified a lot of details for how to address toxic pollutants. It listed 189 pollutants that had to be regulated. It told the EPA how many facilities to look at in each particular category of industry to determine the maximum emission control.

The agency has pledged to better regulate hazardous air pollutants in response to our reporting last year. Could this ruling affect those promises, or the EPA’s ability to step up enforcement?

Flatt: Enforcement is always something that the agency is given a great deal of flexibility on. … The ability to enforce is always a core agency power. So if you’re just saying you’re going to enforce better, that’s fine.

The ruling cited an earlier case related to the major questions doctrine, where the Supreme Court said the Occupational Safety and Health Administration couldn’t require COVID-19 vaccines or testing in workplaces. It said Congress would need to give OSHA the power to do that. Many of the statutes that govern federal agencies were written decades ago, before issues like climate change became as relevant or urgent as they are today. Is it realistic to wait for Congress to give more instruction, especially when Congress is deadlocked?

Flatt: Even if Congress were functional, it slows down the ability to deal with issues and novel problems. Congress can’t do things in an emergency way. They literally might not be in session. So that really does show that even with a functional Congress, you’re really kneecapping the ability of the government to do things.

McCubbin: That is the problem here. The court is asking for a clear statement from Congress. And it is very doubtful in this day and age that we’re going to get that on big major issues. So one potential implication is that we are not going to have very much federal action, and it’s going to default to the states on everything from climate change to abortion rules.

Could this decision have a chilling effect on proposed rules from the EPA and other federal agencies?

Flatt: Not in this administration. Yes, agencies don’t like to be overturned. But they’re going to try to do what they want to do. Now, on the other hand, I don’t expect any lessening of any challenges from state attorneys general, whatever the EPA does. That’s just the blood sport. That’s always going to happen. It’s political.

McCubbin: Yes, I definitely think so. It will have that — if not chilling, at least slowing down effect — because they’ll have to be double careful.

They’re going to have to at least think hard: Are we stepping into an area where we might be seen as addressing a major question? And without a bit of guidance, there may be a slight chilling effect or pulling back. Or they may say, “Let’s aggressively go forward and test the limits.” But it will change agencies’ behavior because of this signal from the court.


This content originally appeared on Articles and Investigations - ProPublica and was authored by by Lisa Song.

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The Supreme Court’s climate decision came out of a decades-long campaign to kneecap regulation https://grist.org/accountability/the-supreme-courts-climate-decision-came-out-of-a-decades-long-campaign-to-kneecap-regulation/ https://grist.org/accountability/the-supreme-courts-climate-decision-came-out-of-a-decades-long-campaign-to-kneecap-regulation/#respond Thu, 30 Jun 2022 22:12:52 +0000 https://grist.org/?p=576409 The Supreme Court issued a highly anticipated decision earlier today that constrains the federal government’s ability to regulate greenhouse gas emissions from power plants. In West Virginia v. Environmental Protection Agency, the six justices who make up the court’s conservative supermajority set a disturbing precedent that could limit federal agencies’ ability to enact regulations. The decision is particularly concerning for the Environmental Protection Agency, or EPA, as it leads federal efforts to zero out the planet-warming emissions causing storms, drought, and sea-level rise around the world.

The Supreme Court did not arrive at this pivotal moment by chance. For decades, ultra-wealthy conservative donors, libertarian think tanks, and their allies within the Republican Party have orchestrated a campaign to thwart the federal government’s efforts to regulate corporations — including efforts to regulate greenhouse gas emissions, which threaten the profits of the fossil fuel industry. Over the years, they have paid considerable attention to the judiciary, methodically installing conservative judges in anticipation of a case that could kneecap agencies they view as overstepping their authority.

Enter West Virginia v. EPA. The specifics of the case were convoluted, but the arguments at its heart were “a direct shot at the EPA, at their ability to regulate,” said Kert Davies, founder and director of the Climate Investigations Center. “To say they’ve been preparing for this moment for 50 years is not an exaggeration.”

To understand this moment, it’s helpful to consider how we got here.

The 1970s marked the dawn of a new era of concern about the environment. Americans were growing increasingly alarmed by high pollution levels and environmental destruction. There had just been an enormous oil spill off the coast of Santa Barbara, the Cuyahoga River had caught fire in Cleveland, and a thick layer of smog regularly smothered cities like Los Angeles. Congress responded by drafting the country’s bedrock environmental laws: the National Environmental Policy Act, the Clean Air Act of 1970, the Clean Water Act, and the Endangered Species Act — all passed with bipartisan support.

The sudden expansion of federal powers galvanized a new, hard-line libertarian movement helmed by an oil executive named Charles Koch. Koch had inherited a handful of companies from his father in 1967, including a lucrative refinery in Minnesota and a network of pipelines, barges, and trucks that shipped oil across the country. Koch was an ardent believer in capitalism and opposed any government action that went beyond the protection of private property. As he built his business into the second largest privately-owned company in the country, he also began building a network of think tanks and nonprofits to infuse his fringe views into the mainstream.

According to investigative journalist Jane Mayer’s 2016 book Dark Money, which chronicles how conservative billionaires shaped the radical right, Charles Koch and his brother and business partner, David, have personally spent well over $100 million on advancing a libertarian agenda. But even more consequentially, they streamlined the efforts of a small group of like-minded elites towards building what one Koch operative called a “fully integrated network” that has influenced every aspect of the country’s political system.

man wearing collared shirt and blazer
Conservative billionaire Charles Koch, pictured here in 2019, built a network that has influenced every aspect of the country’s political system. David Zalubowski via Associated Press

The Federalist Society, a conservative group that has grown into the most powerful legal organization in the country, became a critical node in that network. In 1982, law students at the University of Chicago and Yale formed the group to promote a deeply conservative legal perspective. The organization received start-up funding from the conservative John M. Olin Foundation, began hosting annual symposia and opening chapters at prestigious law schools, and soon attracted large donations from the Kochs and their peers.

At first, the Federalist Society was an all-volunteer group geared mainly towards law students. In the early 1990s, it hired one of its first paid employees, Leonard Leo, who expanded the organization to include lawyers, judges, and others. From the early 2000s to 2020, Leo served as the group’s executive vice president, overseeing a network of approximately 60,000 members. (All six conservative justices on the Supreme Court are associated with the organization.) 

The Kochs’ network of conservative billionaires hasn’t only focused on the judiciary. As they poured money into the Federalist Society, they were also pouring money into deregulation efforts, including many related to climate change. Through the years, Koch- and fossil fuel-backed groups like the Global Climate Coalition, American Energy Alliance, Competitive Enterprise Institute, and American Legislative Exchange Council have lobbied against climate legislation and funded research casting doubt on the science and highlighting the costs of taking action.

But it has long been clear to them that the judiciary would be crucial to eviscerating the government’s ability to regulate corporations and to dismantling the administrative state — the government agencies within the executive branch that create and enforce regulations. 

The libertarian groups’ judicial efforts have been focused on usurping a 1984 Supreme Court precedent known as Chevron deference with a relatively new and controversial legal argument known as the major questions doctrine. Chevron deference says that if Congress has not clearly articulated its intention in a law, courts should defer to an agency’s interpretation, as long as that interpretation is reasonable. The idea is that agencies possess expertise that Congress and the courts do not, and that agencies are indirectly accountable to the people through presidential elections. 

To the libertarian movement, “Chevron is anathema,” said Lisa Graves, a former senior official for the Department of Justice who is now the executive director of True North Research. “For decades now, they have been seeking ways to reverse this precedent, to minimize this precedent.”

In its stead, conservatives have put forth the major questions doctrine, which says that in “extraordinary” cases that could have “vast” economic and political consequences, the court can ignore an agency’s interpretation of a broad law and prevent it from enacting a regulation unless it receives clearer authority from Congress.

The Supreme Court decided West Virginia v. EPA based on this argument. In doing so, it has undermined agencies’ ability to enact regulations to respond to new threats to the environment or public health if they lack clear guidance from Congress — which has failed to pass any serious climate legislation or any significant new environmental laws since it last amended the Clean Air Act more than 30 years ago.

“That’s radical,” said Patrick Parenteau, an environmental lawyer and professor at Vermont Law School. “That’s going to have massive implications for environmental law across the board.”

While libertarians have long despised administrative agencies’ ability to regulate corporations, it took a while for them to build up enough influence on federal courts to begin whittling it away. In 1991, President George H. W. Bush nominated Justice Clarence Thomas, a Federalist Society member who has repeatedly objected to Chevron deference, to the Supreme Court. About a decade and half later, President George W. Bush nominated Justice John Roberts, a former Federalist Society member, and Harriet Miers, who was a family friend but not a member. The organization mobilized against Miers, and eventually Bush nominated Justice Samuel Alito, who had long been affiliated with the Federalist Society, instead. Roberts wrote the majority opinion in West Virginia v. EPA, and both Thomas and Alito concurred.

Another major conservative victory came in the mid-2010s, when then-Senate Majority Leader Mitch McConnell — a Republican from Kentucky and a Koch ally — led a stunningly successful effort to prevent President Barack Obama from appointing federal judges and blocked Merrick Garland’s nomination to the Supreme Court, which he called “one of my proudest moments.” This paved the way for President Donald Trump to install more than 200 federal judges, including three Supreme Court justices.

Guiding Trump was Leo, then the executive vice president of the Federalist Society. In March 2016, Leo met with Trump and Donald McGahn, a member of the Federalist Society who later served as President Trump’s White House counsel. Leo later gave Trump several lists of potential Supreme Court nominees that the Federalist Society would support, including Justice Neil Gorsuch. The Trump campaign released the lists in an effort to court the Republican base, and in a July 2016 campaign rally in Iowa, Trump said: “If you really like Donald Trump, that’s great, but if you don’t, you have to vote for me anyway. You know why? Supreme Court judges.” About a year later, Justices Brett Kavanaugh and Amy Coney Barrett appeared on another list of Federalist Society recommendations.

two men in tuxedos shake hands
Leonard Leo, former executive vice president of the Federalist Society, shakes hands with Justice Neil Gorsuch at a Federalist Society event in November 2017. Sait Serkan Gurbuz via Associated Press

Once Trump was elected, Leo shepherded the nominations of Gorsuch, Kavanaugh, and Barrett through the Senate. According to Internal Revenue Service filings compiled by True North Research, between 2014 and 2020, Leo and his allies raised more than $580 million for conservative nonprofits that do not have to disclose their donors. The network of nonprofits used much of that to hire conservative media relations firms to place opinion essays, schedule pundits on television shows, send speakers to rallies, and create online videos — all to drum up public support and pressure senators to confirm Trump’s picks.

Now, decades of coordinated efforts by ultra-wealthy conservative donors, libertarian think tanks, and the Republican Party are all coming to a head. While the Supreme Court’s ruling in West Virginia v. EPA could have been even more restrictive, it is still a consequential win for fossil fuel interests and a blow to American efforts to address climate change. To Graves, the Supreme Court’s new direction amounts to revival of the robber baron era, “when courts put their thumb on the scale to strike down laws sought by people in our democracy in favor of corporations,” she said. “You have a Supreme Court that has been captured by special interests.”

Things could soon get even more bleak. Republican state attorneys general are pushing several climate-related cases through the federal court system. The courts could use the major questions doctrine to hobble the government’s ability to restrict tailpipe emissions or to consider the social cost of carbon when reviewing new infrastructure or environmental rules. Parenteau points out that a proposed rule requiring companies to publicly disclose climate risks is now vulnerable, too. 

Congress could act to stem the damage. Senator Elizabeth Warren, a Democrat from Massachusetts, has called on her colleagues to expand the court. “I believe we need to get some confidence back in our court, and that means we need more justices on the United States Supreme Court,” she told ABC News. Congress could pass legislation to add more justices, but so far Democratic leadership has not been keen on the idea.

Representative Alexandria Ocasio-Cortez, a Democrat from New York, has argued that the Senate should impeach Gorsuch and Kavanaugh for misleading Congress about their views on Roe v. Wade, another radical ruling handed down by the court last week. “They lied,” she told NBC News. “I believe lying under oath is an impeachable offense.” Removing justices from the court would require a two-thirds majority in the Senate.

In a scathing dissent in West Virginia v. EPA, Justice Elena Kagan wrote: “Whatever else this Court may know about, it does not have a clue about how to address climate change.” In its most recent decision, “the Court appoints itself — instead of Congress or the expert agency — the decision-maker on climate policy.” She concluded, “I cannot think of many things more frightening.”

This story was originally published by Grist with the headline The Supreme Court’s climate decision came out of a decades-long campaign to kneecap regulation on Jun 30, 2022.


This content originally appeared on Grist and was authored by Julia Kane.

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The Supreme Court’s EPA decision could have been much, much worse https://grist.org/regulation/supreme-court-epa-west-virginia-emissions/ https://grist.org/regulation/supreme-court-epa-west-virginia-emissions/#respond Thu, 30 Jun 2022 20:52:51 +0000 https://grist.org/?p=576399 On Thursday morning, the U.S. Supreme Court handed down its long-awaited decision on West Virginia v. EPA, the case challenging the Environmental Protection Agency’s authority to regulate greenhouse gas emissions from power plants. Though the court’s six-member conservative majority moved to limit the EPA’s authority, earning the ire of environmentalists and the Biden administration alike, the court’s ruling did not deal the blow that many climate advocates expected. Ultimately, however, the decision’s use of the controversial “major questions” legal doctrine could have a chilling effect on future regulations.

Contrary to early news reports, the decision, written by Chief Justice John Roberts, does not prevent the EPA from regulating greenhouse gas emissions. Indeed, the ruling is unlikely to change the Biden administration’s approach to regulating emissions at all. In a surprising twist for a court that has seemed intent on overturning settled precedents, the ruling was narrowly framed, focusing on one reading of a single section of the Clean Air Act. 

“In some ways I’m actually relieved,” said Cara Horowitz, a professor of environmental law at the University of California, Los Angeles, in a statement circulated after the ruling. “With this court we were bracing for almost anything, so this could have been worse.”

To understand West Virginia v. EPA, it helps to turn back the clock. Seven years ago, then-President Barack Obama, facing a Senate that refused to pass his landmark climate bill, unveiled a new plan to cut carbon emissions through the EPA’s executive authority. The resulting regulation became known as the Clean Power Plan, and it would have required American power plants to reduce their carbon dioxide emissions. Part of that involved “generation shifting” — ordering some utilities to generate less electricity from dirty sources like coal and more from cleaner natural gas and renewable sources. 

That last component was the specific regulation disputed in Thursday’s decision. The state of West Virginia, joined by North Dakota and two coal companies, argued that the Clean Air Act, which gives the EPA sweeping authority to regulate pollutants in the atmosphere, doesn’t provide the authority necessary to require utilities to shift from one source of power to another. The EPA countered that it did have generation-shifting authority under Section 111d of the Clean Air Act, which allows the agency to mandate the “best system of emissions reductions” for existing power plants. The best system of emissions reductions, the EPA reasoned, was simply to switch to a power source that doesn’t produce as much carbon pollution. 

The Court ultimately sided with West Virginia. Invoking a newly-in-vogue legal doctrine known as “major questions,” Chief Justice Roberts argued that an agency cannot adopt regulations of great social and economic consequence without the clear and express approval of Congress. “A decision of such magnitude and consequence rests with Congress itself,” Roberts wrote. (In a scathing dissent endorsed by the court’s two other liberal members, Justice Elena Kagan argued that “whatever else this court may know about, it does not have a clue about how to address climate change.”)

The decision will therefore limit — but not prevent — the EPA from making future regulations around greenhouse gas emissions. According to Andres Restrepo, a senior attorney at the Sierra Club, the ruling “removes the most important tool that EPA had in its tool kit.” However, he added, “there are still plenty of avenues under the Clean Air Act to reduce greenhouse gas emissions.”

For example, the Court did not overturn Section 111, meaning that the EPA will still be able to require existing power plants to use the best available technologies to cut emissions — perhaps even through carbon capture and storage. The EPA can also still regulate carbon dioxide emissions from cars and trucks, as well as methane emissions from oil and gas infrastructure. In fact, the Biden administration itself has not actually  invoked the generation-shifting power of Section 111d to pursue its climate goals — and likely would not have, given the likelihood of a legal challenge similar to the one that dogged Obama’s Clean Power Plan and ultimately resulted in Thursday’s decision. 

Despite the narrowness of the specific ruling, however, West Virginia v. EPA endorses a legal doctrine that could provide ammunition for opponents of a vast swath of government regulations in the future, hampering the executive branch’s ability to enforce regulatory laws. The major questions doctrine is both vague and powerful; in future cases, it could be used to hobble the ability of federal agencies to interpret statutes and write commonsense regulations to protect public health or the environment. In her dissent, Justice Kagan argued that “special canons like the ‘major questions doctrine’ magically appear” when it aligns with the Court’s broader goals.

“Today, one of those broader goals makes itself clear: Prevent agencies from doing important work, even though that is what Congress directed,” she wrote. 

One of the great ironies of the case is that the regulation at issue, the Clean Power Plan, never went into effect. When President Donald Trump came into office in 2017, he repealed the plan. But economic forces were doing the work that Obama wanted to achieve with regulation: Natural gas was getting cheap, renewables even cheaper. In 2015, the goal of the Clean Power Plan was to cut carbon dioxide emissions from the electricity sector by 32 percent by 2030, compared to 2005 levels. The country reached that goal 11 years ahead of schedule, in 2019. The U.S. Energy Information Agency published a short post commemorating that milestone. The agency also noted the cause: The country’s utilities had pursued generation-shifting after all. 

This story was originally published by Grist with the headline The Supreme Court’s EPA decision could have been much, much worse on Jun 30, 2022.


This content originally appeared on Grist and was authored by Shannon Osaka.

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How Charles Koch Purchased the Supreme Court’s EPA Decision https://www.radiofree.org/2022/06/30/how-charles-koch-purchased-the-supreme-courts-epa-decision/ https://www.radiofree.org/2022/06/30/how-charles-koch-purchased-the-supreme-courts-epa-decision/#respond Thu, 30 Jun 2022 17:36:20 +0000 https://theintercept.com/?p=401109

Today’s 6-3 Supreme Court decision restricting the ability of the Environmental Protection Agency to regulate carbon emissions will benefit power plants and fossil fuel companies throughout the U.S. and profoundly hobble the government’s ability to address the worsening climate catastrophe.

The decision, written by Supreme Court Chief Justice John Roberts and joined by conservative Justices Clarence Thomas, Samuel Alito, Amy Coney Barrett, Neil Gorsuch, and Brett Kavanaugh, finds that the EPA does not have the authority to impose caps on carbon emissions by mandating a shift to cleaner energy sources. The ruling means that Congress, rather than the EPA and its staff of scientific experts, will handle the critical task of curbing greenhouse gas emissions.

“Today, the Court strips the EPA of the power Congress gave it to respond to ‘the most pressing environmental challenge of our time,’” Justice Elena Kagan wrote in a dissenting opinion joined by Justices Sonia Sotomayor and Stephen Breyer. “Whatever else this Court may know about, it does not have a clue about how to address climate change. Yet the Court today prevents congressionally authorized agency action to curb power plants’ carbon dioxide emissions. The Court appoints itself—instead of Congress or the expert agency—the decisionmaker on climate policy. I cannot think of many things more frightening.”

A number of energy magnates and fossil fuel trade groups pushed for the case that could kneecap the agency and boost their profits. But perhaps no one did more to bring West Virginia v. Environmental Protection Agency to the Supreme Court — or ensure that ultraconservative justices would be on the bench to decide in the companies’ favor — than Charles Koch.

The billionaire energy executive who reigns over Koch Industries is known for playing the long game. He bought up pipelines in advance of the fracking boom — and waited calmly until they delivered billions in profits. He invested in obscure, failing companies even though he knew that it would take years before they could add to his bottom line. And he has been cautious as he’s ventured into new markets — his empire now includes glass, pulp and paper, chemicals, agricultural products, and commodities trading — making small acquisitions to see if they’d be profitable before gradually taking over.

Such patience and strategic use of his enormous wealth have benefited Koch handsomely. His net worth has steadily climbed to more than $60 billion. Koch Industries, which makes more than half of its money from fossil fuels and owns refineries, petrochemical plants, and thousands of miles of oil and gas pipelines, is now the second-biggest privately held company in the country.

Koch Industries Flint Hills Resources Pine Bend refinery in Hastings, Minnesota, U.S., on Monday, July 12, 2021. Demand for U.S. crude by domestic refineries has been robust and could improve further if Covid-19 cases have peaked and start to decline. Photographer: Jaida Grey Eagle/Bloomberg via Getty Images

Koch Industries’ Flint Hills Resources Pine Bend refinery in Hastings, Minn., on July 12, 2021.

Photo: Jaida Grey Eagle/Bloomberg via Getty Images

The Kochtopus

To ensure further growth of his riches even as science showed that the continued use of fossil fuels would accelerate climate disaster, Koch has funneled some of his vast fortune into an extraordinary network of political front groups, lobbying efforts, think tanks, and activist networks that aim to stifle climate action. For decades, the Kochtopus, as some call his many-tentacled political influence machine, has sought to undermine not just the environmental regulation in Koch Industries’ path but also the science and philosophy of government on which it is based.

Koch’s lobbyists and political operatives helped kill a 2009 bill aimed at tackling climate change through a cap-and-trade system that could have cut into his companies’ profits. While the mounting findings of climate scientists led other titans of industry to begin adjusting their business plans to lower carbon emissions, Koch-funded groups were among the first climate denialists, flatly lying about the well-documented planetary trend of global warming and then schooling lawmakers on the alternate reality they had crafted. Koch also pioneered the attack on Republicans from the right, pushing the party into its current extremism.

Today’s Supreme Court decision marks perhaps the biggest payoff yet for Koch’s decades of plotting against environmental regulations — and the most devastating loss for everyone else. Three of the extremist judges who joined the decision — Gorsuch, Barrett, and Kavanaugh — wound up on the Supreme Court in large part because of Koch’s activism and contributions.

Americans for Prosperity, an astroturf political group founded by Charles Koch and his brother David, conducted extraordinary campaigns to put all three judges on the highest bench. To support Kavanaugh’s nomination, the group reached out to more than 1.2 million Americans through mail, phone calls, and knocking on doors, according to a flyer released by the organization. The group also pushed hard for Barrett, whose father worked for Shell and the American Petroleum Institute, a powerful trade group for the oil and gas industry. And it campaigned for Gorsuch, whose mother presided — disastrously — over the EPA under President Ronald Reagan. Charles Koch is also closely connected to Leonard Leo, co-chair of the Federalist Society, a conservative organization Koch has supported directly and through his family foundation.

The case itself can also be tied directly to Koch. The challengers are 27 Republican attorneys general, who were supported by the Koch-funded Republican Attorneys General Association. At least five Koch-funded entities have filed amicus briefs in the case: the Cato Institute, which was co-founded by Charles Koch; the Competitive Enterprise Institute; the New Civil Liberties Alliance; the Landmark Legal Foundation; and Americans for Prosperity.

The Environmental Protection Agency (EPA) headquarters in Washington, DC, on June 29, 2022. - The US Supreme Court has four decisions left to announce this term, one of which could severely limit the EPAs authority to regulate power plant emissions. A ruling against the EPA, could curtail plans by the administration of President Joe Biden to combat climate change. (Photo by Stefani Reynolds / AFP) (Photo by STEFANI REYNOLDS/AFP via Getty Images)

The EPA headquarters in Washington, D.C., on June 29, 2022.

Photo: Stefani Reynolds/AFP via Getty Images

Taking Aim at the EPA

Koch’s antipathy for the EPA began with the founding of the agency in 1970. “It is the one regulatory agency that is on his ass every single day and has authority over all his operations,” said Christopher Leonard, author of “Kochland,” a history of Koch Industries and its political activities. “Every single day this agency is like a traffic cop clocking Koch’s speed on the highway. The EPA is sending agents to inspect Koch’s facilities. The EPA is monitoring the level of pollution coming out of spillways from Koch facilities. Koch has to employ almost buildings full of lawyers just to document their air emissions every year from their refineries, from their natural gas plants, from the Georgia-Pacific plant.”

The original case was about the Clean Power Plan, the Obama administration’s effort to limit carbon emissions from power plants, which are the second-largest source of U.S. greenhouse gas emissions. But that plan no longer exists, having been struck down by the Trump administration. Nor does its Trump-era replacement. In practical terms, the ruling will hamstring the Biden administration, which has pledged to cut greenhouse gas emissions 50 percent economywide by 2030. The administration is in the process of crafting its own rule affecting power plant emissions, which is expected next year.

“The decision takes off the table the approach that was used in the Clean Power Plan, the most efficient, effective way to address these emissions,” said Kirti Datla, director of strategic legal advocacy at Earthjustice. While the Biden administration will still be able to take less sweeping steps to limit carbon, such as requiring emissions controls on individual power plants, “this makes their job much harder,” Datla said.

Now Congress, rather than the EPA’s environmental experts, will be responsible for drafting the highly technical plan for limiting emissions from power plants. The regulatory process is expected to be far slower and less effective, which, according to Lisa Graves, executive director of True North Research, was exactly the point of the suit.

“These politicians in black robes know full well that, with Mitch McConnell in a leadership position doing the bidding of Koch and the oil and gas industry, this Congress will not pass any substantial climate change mitigation legislation,” said Graves, adding that the timing of the decision couldn’t be worse. “Now and in the coming years are the only window we have to really stem the tide of the truly devastating climate changes that are underway.”

Broader Implications

The motivations for the West Virginia case go beyond the individual and corporate pursuit of financial gain. “They’re doing it to make more money. But it’s also bigger in the sense they want to cripple the federal government,” said Leonard.

Indeed, the effects of the ruling will likely far surpass the EPA’s ability to limit carbon emissions from power plants. “It’s going to trim back the sets of regulations that they even consider,” said Leonard. “It’s a slow pushback of the EPA and a diminishment of its power over time.”

The West Virginia decision will also likely chasten other federal agencies, according to Datla. “It sends a signal to agencies that if they’re approaching big problems for the first time under their statutory authority, or if they’re tackling an existing problem, but using kind of a new approach, that either the court is going to be skeptical, or at the very least, somebody is going to bring a challenge based on all of the language that is in this opinion.”

Ironically, the decision that weakens the federal government follows on the heels of Dobbs v. Jackson Women’s Health Organization, the ruling that overturned Roe v. Wade and vastly extended the reach of the state to control what people can do with their bodies. That decision, too, grew out of seeds that Charles Koch planted years ago. But the profound step backward for reproductive freedom seems to have been an incidental result of the billionaire’s effort to grow his fortune.

One of Koch’s most effective policy creations is the American Legislative Exchange Council, a right-wing activist network that drafts model state legislation, which is then introduced around the country. “Koch funded ALEC to do stuff like deregulate the utilities industry,” said Leonard. “But what animated ALEC was anti-abortion laws.” Indeed, the grassroots network Koch created took up the issue even as he himself was indifferent about it.

“Koch doesn’t care at all about Roe v. Wade. Religious and cultural issues have zero relevance to him,” said Leonard, who added that Koch saw the abortion issue as a “sideshow.”

In contrast, Koch cares profoundly about West Virginia v. EPA. “This decision represents the culmination of years of attacks by Koch-funded groups on these rules,” Graves said. “It is a win for Charles Koch and the multibillion-dollar oil and gas industry and a huge loss for the American people.”


This content originally appeared on The Intercept and was authored by Sharon Lerner.

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NATO formally invites Finland and Sweden to join the military alliance; N. Korea accuses US, S. Korea and Japan of creating an Asian version of NATO; Environmental groups file lawsuit challenging the Biden’s decision to resume oil and gas sales; Cherokee Nation of Oklahoma denounces SCOTUS ruling on tribal lands https://www.radiofree.org/2022/06/29/nato-formally-invites-finland-and-sweden-to-join-the-military-alliance-n-korea-accuses-us-s-korea-and-japan-of-creating-an-asian-version-of-nato-environmental-groups-file-lawsuit-challenging-the/ https://www.radiofree.org/2022/06/29/nato-formally-invites-finland-and-sweden-to-join-the-military-alliance-n-korea-accuses-us-s-korea-and-japan-of-creating-an-asian-version-of-nato-environmental-groups-file-lawsuit-challenging-the/#respond Wed, 29 Jun 2022 18:08:00 +0000 http://www.radiofree.org/?guid=98dbbf26624fd3970b80ceb1c37d6e64
This content originally appeared on KPFA - The Pacifica Evening News, Weekdays and was authored by The Pacifica Evening News, Weekdays.

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Looming US Supreme Court Climate Decision Could ‘Doom’ Hope for Livable Future https://www.radiofree.org/2022/06/27/looming-us-supreme-court-climate-decision-could-doom-hope-for-livable-future/ https://www.radiofree.org/2022/06/27/looming-us-supreme-court-climate-decision-could-doom-hope-for-livable-future/#respond Mon, 27 Jun 2022 17:32:12 +0000 https://www.commondreams.org/node/337920

Amid widespread outrage over recent rulings, the U.S. Supreme Court is expected to issue another decision this week that legal experts and activists warn could imperil the Biden administration's climate goals and thus, the planet itself.

"The public health and environmental consequences would be profoundly damaging to human health, the planet, and future generations."

West Virginia v. Environmental Protection Agency (EPA)—one of the few remaining cases from this term—is "the most consequential climate case in decades," Sierra Club said Monday.

If the court's right-wing supermajority sides with GOP attorneys general over the EPA in this case, it could strip the federal agency of its authority to limit planet-heating pollution from power plants—and a sweeping ruling from the justices could go even further.

"The immediate issue is the limits of the EPA's ability to regulate greenhouse gases. The broader issue is the ability of federal agencies to regulate anything at all," explained physicist Robert Rohde, lead scientist at the nonprofit Berkeley Earth, in a series of tweets Monday.

"Conservatives have long wanted to reduce the ability of the federal agencies to impose regulations, and this case provides the Supreme Court a chance to do that," he added. "If they do, it could have far-reaching and long-lasting consequences."

U.S. Sen. Jeff Merkley (D-Ore.) similarly warned earlier this month of a ruling that "would gut the EPA's authority to combat climate chaos—it could let corporations harm our health and the environment without consequences."

"This could be the latest in a long line of dangerous decisions pushed by extremist justices to let corporations exploit their workers, their customers, and our shared future to get even richer," he said.

Policy researcher Will Stancil on Sunday also tied the looming decision to the current justices' track record, anticipating a ruling that sides with the Republican AGs to some degree.

"The Supreme Court's legacy this term: forcing women to bear children, forcing families to raise those children in a society awash in guns, and forcing those children to grow up in a world of runaway climate change," Stancil said.

"What an utterly villainous institution," he continued, "unleashing untold suffering on future generations, for no good reason other than pursue their own poisonous social resentments."

Concerns about the case have mounted since the court agreed to hear it last October. When oral arguments began in March, Jason Rylander, an attorney at the Center for Biological Diversity's Climate Law Institute, said that if the justices block the EPA from addressing "deadly" pollution, then President Joe Biden "must lead the way on court reform to halt this power grab."

The high court's recent rulings—particularly on reproductive freedom and gun control—are already driving fresh demands for Democrats in Congress and Biden to swiftly expand the court.

Polling released last week by Data for Progress and Evergreen Action suggests a decision antagonistic toward climate action and environmental protections would further fuel calls to add more justices, given that majorities of Democratic, Independent, and Republican voters are somewhat or very concerned about the impact of air and water pollution on their communities.

A majority of respondents also said they are somewhat or very concerned about the Supreme Court removing environmental protections established under the Clean Air Act—a provision of which is the focus of the case. A majority of voters further believe the EPA should "be allowed to regulate air pollution that contributes to climate change."

Georgetown University law professor William Buzbee told The Hill Saturday that if the justices take away the EPA's ability to limit emissions, "that will be a major loss of climate progress and it also will be a major reason to further distrust the Supreme Court as a highly political Supreme Court that's more about power and less about law."

This case isn't just significant for the impact it could have on the federal government's efforts to battle the climate emergency. As The New York Times reported earlier this month:

West Virginia v. EPA, No. 20–1530 on the court docket, is also notable for the tangle of connections between the plaintiffs and the Supreme Court justices who will decide their case. The Republican plaintiffs share many of the same donors behind efforts to nominate and confirm five of the Republicans on the bench—John G. Roberts, Samuel A. Alito Jr., Neil M. Gorsuch, Brett M. Kavanaugh, and Amy Coney Barrett.

"It's a pincer move," said Lisa Graves, executive director of the progressive watchdog group True North Research and a former senior Justice Department official. "They are teeing up the attorneys to bring the litigation before the same judges that they handpicked."

The pattern is repeated in other climate cases filed by the Republican attorneys general and now advancing through the lower courts: The plaintiffs are supported by the same network of conservative donors who helped former President Donald J. Trump place more than 200 federal judges, many now in position to rule on the climate cases in the coming year.

If the federal judiciary delivers wins to right-wing plaintiffs in these pending cases, the Times added, it will lead to limits on climate action by a country that "has pumped more planet-warming gases into the atmosphere than any other nation," and "would quite likely doom the world's goal of cutting enough emissions to keep the planet from heating up more than an average of 1.5°C compared with the preindustrial age."

Experts such as pediatrician and epidemiologist Lynn Goldman, dean of George Washington University's Milken Institute School of Public Health, have shared similar warnings.

As she put it last week: "If the Supreme Court limits the EPA's authority to regulate pollutants like carbon dioxide, the public health and environmental consequences would be profoundly damaging to human health, the planet, and future generations."


This content originally appeared on Common Dreams - Breaking News & Views for the Progressive Community and was authored by Jessica Corbett.

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Looming US Supreme Court Climate Decision Could ‘Doom’ Hope for Livable Future https://www.radiofree.org/2022/06/27/looming-us-supreme-court-climate-decision-could-doom-hope-for-livable-future/ https://www.radiofree.org/2022/06/27/looming-us-supreme-court-climate-decision-could-doom-hope-for-livable-future/#respond Mon, 27 Jun 2022 17:32:12 +0000 https://www.commondreams.org/node/337920

Amid widespread outrage over recent rulings, the U.S. Supreme Court is expected to issue another decision this week that legal experts and activists warn could imperil the Biden administration's climate goals and thus, the planet itself.

"The public health and environmental consequences would be profoundly damaging to human health, the planet, and future generations."

West Virginia v. Environmental Protection Agency (EPA)—one of the few remaining cases from this term—is "the most consequential climate case in decades," Sierra Club said Monday.

If the court's right-wing supermajority sides with GOP attorneys general over the EPA in this case, it could strip the federal agency of its authority to limit planet-heating pollution from power plants—and a sweeping ruling from the justices could go even further.

"The immediate issue is the limits of the EPA's ability to regulate greenhouse gases. The broader issue is the ability of federal agencies to regulate anything at all," explained physicist Robert Rohde, lead scientist at the nonprofit Berkeley Earth, in a series of tweets Monday.

"Conservatives have long wanted to reduce the ability of the federal agencies to impose regulations, and this case provides the Supreme Court a chance to do that," he added. "If they do, it could have far-reaching and long-lasting consequences."

U.S. Sen. Jeff Merkley (D-Ore.) similarly warned earlier this month of a ruling that "would gut the EPA's authority to combat climate chaos—it could let corporations harm our health and the environment without consequences."

"This could be the latest in a long line of dangerous decisions pushed by extremist justices to let corporations exploit their workers, their customers, and our shared future to get even richer," he said.

Policy researcher Will Stancil on Sunday also tied the looming decision to the current justices' track record, anticipating a ruling that sides with the Republican AGs to some degree.

"The Supreme Court's legacy this term: forcing women to bear children, forcing families to raise those children in a society awash in guns, and forcing those children to grow up in a world of runaway climate change," Stancil said.

"What an utterly villainous institution," he continued, "unleashing untold suffering on future generations, for no good reason other than pursue their own poisonous social resentments."

Concerns about the case have mounted since the court agreed to hear it last October. When oral arguments began in March, Jason Rylander, an attorney at the Center for Biological Diversity's Climate Law Institute, said that if the justices block the EPA from addressing "deadly" pollution, then President Joe Biden "must lead the way on court reform to halt this power grab."

The high court's recent rulings—particularly on reproductive freedom and gun control—are already driving fresh demands for Democrats in Congress and Biden to swiftly expand the court.

Polling released last week by Data for Progress and Evergreen Action suggests a decision antagonistic toward climate action and environmental protections would further fuel calls to add more justices, given that majorities of Democratic, Independent, and Republican voters are somewhat or very concerned about the impact of air and water pollution on their communities.

A majority of respondents also said they are somewhat or very concerned about the Supreme Court removing environmental protections established under the Clean Air Act—a provision of which is the focus of the case. A majority of voters further believe the EPA should "be allowed to regulate air pollution that contributes to climate change."

Georgetown University law professor William Buzbee told The Hill Saturday that if the justices take away the EPA's ability to limit emissions, "that will be a major loss of climate progress and it also will be a major reason to further distrust the Supreme Court as a highly political Supreme Court that's more about power and less about law."

This case isn't just significant for the impact it could have on the federal government's efforts to battle the climate emergency. As The New York Times reported earlier this month:

West Virginia v. EPA, No. 20–1530 on the court docket, is also notable for the tangle of connections between the plaintiffs and the Supreme Court justices who will decide their case. The Republican plaintiffs share many of the same donors behind efforts to nominate and confirm five of the Republicans on the bench—John G. Roberts, Samuel A. Alito Jr., Neil M. Gorsuch, Brett M. Kavanaugh, and Amy Coney Barrett.

"It's a pincer move," said Lisa Graves, executive director of the progressive watchdog group True North Research and a former senior Justice Department official. "They are teeing up the attorneys to bring the litigation before the same judges that they handpicked."

The pattern is repeated in other climate cases filed by the Republican attorneys general and now advancing through the lower courts: The plaintiffs are supported by the same network of conservative donors who helped former President Donald J. Trump place more than 200 federal judges, many now in position to rule on the climate cases in the coming year.

If the federal judiciary delivers wins to right-wing plaintiffs in these pending cases, the Times added, it will lead to limits on climate action by a country that "has pumped more planet-warming gases into the atmosphere than any other nation," and "would quite likely doom the world's goal of cutting enough emissions to keep the planet from heating up more than an average of 1.5°C compared with the preindustrial age."

Experts such as pediatrician and epidemiologist Lynn Goldman, dean of George Washington University's Milken Institute School of Public Health, have shared similar warnings.

As she put it last week: "If the Supreme Court limits the EPA's authority to regulate pollutants like carbon dioxide, the public health and environmental consequences would be profoundly damaging to human health, the planet, and future generations."


This content originally appeared on Common Dreams - Breaking News & Views for the Progressive Community and was authored by Jessica Corbett.

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John Minto: NZ joining IHRA a weak, cowardly decision over Israel https://www.radiofree.org/2022/06/25/john-minto-nz-joining-ihra-a-weak-cowardly-decision-over-israel/ https://www.radiofree.org/2022/06/25/john-minto-nz-joining-ihra-a-weak-cowardly-decision-over-israel/#respond Sat, 25 Jun 2022 18:43:46 +0000 https://asiapacificreport.nz/?p=75641 COMMENTARY: By John Minto

The Aotearoa New Zealand government decision to take on observer status at the International Holocaust Remembrance Alliance is a step backwards in the fight against anti-semitism and the struggle for Palestinian human rights.

The IHRA is a partisan, political organisation working hard to deflect criticism of Israel’s racist policies towards Palestinians with false smears of anti-semitism.

For example the IHRA has adopted its own definition of anti-semitism which claims calling Israel an apartheid state (as every major international human rights group such as Amnesty International and Human Rights Watch does) or calling for sanctions against Israel is anti-semitic.

The New Zealand Jewish Council and the Holocaust Centre of New Zealand have already adopted this bogus IHRA definition which they used in a so-called “survey of anti-semitism” earlier this year to make the absurd claims that describing Israel as an apartheid state or calling for sanctions against Israel were anti-semitic.

Palestinian civil society organisations called for BDS (Boycott, Divestment and Sanctions) in 2005 to build international pressure to require Israel to abide by international law and United Nations resolutions.

BDS was an important part of the fight against apartheid in South Africa and is also an important strategy in the fight against apartheid in Israel.

The three aims of BDS are to end Israel’s military occupation, end its apartheid policies towards Palestinians and allow Palestinian refugees to return to the land and homes from which they were ethnically cleansed by Israel in 1948.

This legitimate and successful BDS strategy is fiercely opposed by Israel which is weaponising the Holocaust against Palestinian demands for human rights.

Needless to say, Palestinians had no role in the Holocaust whose cause was European anti-semitism.

By joining the IHRA, Aotearoa New Zealand is undermining the fight against anti-semitism and racism of all kinds.

The government has caved in to relentless bullying and threats of false smears of anti-semitism from the pro-Israel lobby.

Joining the IHRA is a weak, cowardly decision.

Aotearoa New Zealand should adopt the Jerusalem Declaration on Anti-Semitism and insist on Holocaust education in every school in the country as part of a comprehensive anti-racism education programme.

John Minto is a political activist and commentator, and spokesperson for Palestine Solidarity Network Aotearoa. This article was first published by The Daily Blog and is republished with the author’s permission.


This content originally appeared on Asia Pacific Report and was authored by APR editor.

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Partner of US citizen ‘left to die’ in Malta condemns Roe v Wade decision https://www.radiofree.org/2022/06/24/partner-of-us-citizen-left-to-die-in-malta-condemns-roe-v-wade-decision/ https://www.radiofree.org/2022/06/24/partner-of-us-citizen-left-to-die-in-malta-condemns-roe-v-wade-decision/#respond Fri, 24 Jun 2022 00:02:00 +0000 https://www.opendemocracy.net/en/5050/roe-v-wade-abortion-us-citizen-malta-andrea-prudente-death-savita-halappanavar/ EXCLUSIVE: Andrea Prudente’s partner spoke to oD from her bedside in Spain, where she awaits a life-saving abortion


This content originally appeared on openDemocracy RSS and was authored by Nandini Archer.

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In ‘Dangerous Decision,’ Supreme Court Guts Protection of Miranda Rights https://www.radiofree.org/2022/06/23/in-dangerous-decision-supreme-court-guts-protection-of-miranda-rights/ https://www.radiofree.org/2022/06/23/in-dangerous-decision-supreme-court-guts-protection-of-miranda-rights/#respond Thu, 23 Jun 2022 16:40:18 +0000 https://www.commondreams.org/node/337834

Legals experts warned law enforcement agencies will have "zero incentive" to ensure that a person being arrested is read their Miranda rights after the U.S. Supreme Court on Thursday handed down a ruling the ACLU characterized as a "dangerous" assault on long-established protections.

"The warnings mandated by the Supreme Court in Miranda have been part of the fabric of law enforcement interactions with the public for more than 60 years."

Ruling in the case of Vega vs. Tekoh, the majority decided that people cannot sue an officer under Section 1983, a key federal civil rights enforcement law, for not informing them of their right to remain silent and other protections under the Miranda statute. 

To protect people's Fifth Amendment right against self-incrimination, officers are required to inform suspects of their rights as soon as they are taken into custody.

While those rights are still intact, University of Texas law professor Steve Vladeck told CNN, the 6-3 ruling effectively guts the law.

"Today's ruling doesn't get rid of the Miranda right," Vladeck said. "But it does make it far harder to enforce. Under this ruling, the only remedy for a violation of Miranda is to suppress statements obtained from a suspect who's not properly advised of his right to remain silent. But if the case never goes to trial, or if the government never seeks to use the statement, or if the statement is admitted notwithstanding the Miranda violation, there's no remedy at all for the government's misconduct."

The ACLU, which filed an amicus brief in support of the plaintiff in the case, Terence Tekoh, said the ruling "further widens the gap between the guarantees found in the Constitution and the Bill of Rights and the people's ability to hold government officials accountable for violating them."

"The warnings mandated by the Supreme Court in Miranda have been part of the fabric of law enforcement interactions with the public for more than 60 years," said Brett Max Kaufman, a senior staff attorney for the group. "We fought for the Supreme Court to recognize these rights, and we'll keep fighting to make sure our country lives up to the Constitution’s guarantees."

The case stemmed from the arrest of Tekoh in 2014, when he was accused of sexually assaulting a patient at a hospital in Los Angeles County.

Lawyers for Carlos Vega, the sheriff's deputy who arrested Tekoh, said the plaintiff was not "in custody" when he was questioned and that Tekoh gave a voluntary statement. Vega did not give Tekoh a Miranda warning but his confession was nonetheless used as evidence during his trial, in which a jury ultimately found him not guilty.

Tekoh then sued Vega for violating his rights and accused the deputy of coercing the confession out of him.

Writing for the majority, Justice Samuel Alito said that "a violation of Miranda does not necessarily constitute a violation of the Constitution, and therefore such a violation does not constitute 'the deprivation of [a] right... secured by the Constitution' that would authorize a civil rights suit against a police officer."

Justice Elena Kagan wrote a dissent on behalf of the three liberal justices, arguing that the ruling "strips individuals of the ability to seek a remedy for violations of the right recognized in Miranda."

"The majority here, as elsewhere, injures the right by denying the remedy," Kagan wrote.

The ruling comes two weeks after the Supreme Court handed down another 6-3 decision weakening Americans' ability to challenge law enforcement officers who violate their constitutional rights.

In Egbert v. Boule, the right-wing majority ruled against a man who wanted to sue a U.S. Border Patrol agent who entered his property without a warrant and used excessive force.

Referring to another decision handed down Thursday regarding the right to carry firearms and an expected ruling that would overturn Roe v. Wade, Democratic strategist Sawyer Hackett said under the current Supreme Court, "you can carry a concealed gun in public without a permit but if you get an abortion you can be arrested and jailed without Miranda rights."

Under the ruling, said Partners for Justice founder Emily Galvin-Almanza, "ordinary people are disempowered, government impunity grows."

Galvin-Almanza urged Americans to "call your state reps and ask them to enshrine Miranda rights in state law."

Advocates for adding justices to the Supreme Court, as Congress has done a number of times throughout U.S. history, said the ruling in Vega v. Tekoh offered another reason to expand the court.

"We cannot allow this overtly political court to stand in the way of our safety," said Sen. Ed Markey (D-Mass.) "Expand the court."


This content originally appeared on Common Dreams - Breaking News & Views for the Progressive Community and was authored by Julia Conley.

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Former Gazprombank Executive Explains His Decision To Flee Russia For Ukraine https://www.radiofree.org/2022/05/04/former-gazprombank-executive-explains-his-decision-to-flee-russia-for-ukraine/ https://www.radiofree.org/2022/05/04/former-gazprombank-executive-explains-his-decision-to-flee-russia-for-ukraine/#respond Wed, 04 May 2022 20:46:01 +0000 http://www.radiofree.org/?guid=85e0d008ffa1d5e7920214bc71796db6
This content originally appeared on Radio Free Europe/Radio Liberty and was authored by Radio Free Europe/Radio Liberty.

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Former Gazprombank Executive Explains His Decision To Flee Russia For Ukraine https://www.radiofree.org/2022/05/04/former-gazprombank-executive-explains-his-decision-to-flee-russia-for-ukraine-2/ https://www.radiofree.org/2022/05/04/former-gazprombank-executive-explains-his-decision-to-flee-russia-for-ukraine-2/#respond Wed, 04 May 2022 20:46:01 +0000 http://www.radiofree.org/?guid=85e0d008ffa1d5e7920214bc71796db6
This content originally appeared on Radio Free Europe/Radio Liberty and was authored by Radio Free Europe/Radio Liberty.

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New Climate Doc Premieres on Netflix as Youth Await Major Court Decision https://www.radiofree.org/2022/04/29/new-climate-doc-premieres-on-netflix-as-youth-await-major-court-decision/ https://www.radiofree.org/2022/04/29/new-climate-doc-premieres-on-netflix-as-youth-await-major-court-decision/#respond Fri, 29 Apr 2022 16:30:50 +0000 https://www.commondreams.org/node/336530

The award-winning documentary titled YOUTH v GOV premiered globally on the streaming platform Netflix Friday as the youth plaintiffs featured in the film await a decision that could put their historic climate lawsuit on a path to trial.

"In under two hours, you get an inside look at nearly seven years of Juliana v. United States," said Julia Olson, executive director and chief legal counsel at Our Children's Trust, in a statement about the independent film. "And it's not over. We are determined to get to trial because our young clients deserve to take the stand and have their evidence heard by a judge."

The documentary—directed by scientist and filmmaker Christi Cooper—focuses on the federal suit filed in 2015 and its 21 plaintiffs. The Our Children's Trust legal team, which represents the young people, argues that by contributing to the climate emergency, the U.S. government is violating their clients' constitutional rights to life, liberty, and property, and failing to protect essential public trust resources.

Shortly after settlement negotiations between the  U.S. Department of Justice (DOJ) and attorneys for the Juliana youth ended without resolution last November, federal lawmakers and advocacy groups sent President Joe Biden and other leaders in his administration letters in support of the plaintiffs.

"The question now is whether the Biden administration will keep fighting tooth and nail to keep them silenced, and whether our courts will stand up for their constitutional rights," Olson said Friday. "After 50 years of the government—both Democrats and Republicans—knowingly making the climate crisis worse, I'm not betting on partisan politics. But I do have faith in the judiciary."

The plaintiffs—now ages 14 to 26—are waiting for a court to rule on a motion to amend their complaint, which could put the case on track for a trial.

Since talks with the DOJ concluded, climate scientists have reiterated warnings about the need for systemic changes on a global scale, Congress has failed to pass a package containing key climate measures, and Biden has faced criticism for not taking executive action to address the planetary emergency.

"I think for a lot of young people right now, life is really scary, because we've never seen a moment like this in history, and our feelings about our life and our future [are] all because of choices that we had no participation in," says 26-year-old Kelsey Juliana—the named plaintiff in the case—during the first two minutes of the film.

"And so the plaintiffs joined this case," Juliana adds, "because we all know who's to blame and what needs to be done."

The Netflix release of the film—which has won over two dozen awards at film festivals worldwide—was met with excitement by climate action advocates.

"Put this on your must watch list this weekend!" tweeted the Wisconsin Environmental Health Network. "Let's get this important documentary into Netflix's trending now category!"

Noting that one of the plaintiffs—21-year-old Xiuhtezcatl Martinez—is based in Boulder, Matt Benjamin, a member of the Colorado city's council, also highlighted the doc on Twitter.

"Make sure to check out this film streaming tonight on Netflix," he said. "It's inspirational. It's emotional. It fills me with hope that our younger generations will take control of their future."


This content originally appeared on Common Dreams - Breaking News & Views for the Progressive Community and was authored by Jessica Corbett.

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CPJ condemns decision to move Jamal Khashoggi murder trial from Turkey to Saudi Arabia https://www.radiofree.org/2022/04/07/cpj-condemns-decision-to-move-jamal-khashoggi-murder-trial-from-turkey-to-saudi-arabia/ https://www.radiofree.org/2022/04/07/cpj-condemns-decision-to-move-jamal-khashoggi-murder-trial-from-turkey-to-saudi-arabia/#respond Thu, 07 Apr 2022 16:41:34 +0000 https://cpj.org/?p=183733 New York, April 7, 2022 – In response to a decision by Turkish authorities on Thursday, April 7, to transfer the trial of the murder of Saudi journalist Jamal Khashoggi to Saudi Arabia, the Committee to Protect Journalists issued the following statement of condemnation:

“The Turkish government’s trial of Jamal Khashoggi’s suspected killers was politicized from the start, but the decision to transfer his case to Saudi Arabia extinguishes any hope of reaching an impartial conclusion based on the evidence,” said CPJ Senior Middle East and North Africa Researcher Justin Shilad. “The international community must pursue a credible and transparent investigation into Khashoggi’s murder, and should not allow political expediency or interference to derail justice.”

A Turkish court granted prosecutors’ request to transfer the case on Thursday, saying that the Turkish trial had been hampered by Saudi authorities’ refusal to extradite suspects, according to news reports, which said that Turkey’s minister of justice endorsed the decision, and that Saudi authorities had requested the transfer in March.

Hetice Cengiz, Khashoggi’s fiancée, said she will appeal the decision, according to reports.

Turkey began the trial of 26 Saudi suspects in absentia in July 2020, and President Recep Tayyip Erdoğan previously opposed transferring evidence to Saudi authorities over fears they would destroy it, according to reports. The new decision comes as the Turkish government seeks to mend ties with Saudi Arabia and shore up relations with other Gulf countries.

A Saudi court sentenced five people to death and three to prison terms for the murder in December 2019. Those death sentences were changed to prison terms in September 2020 after Khashoggi’s sons said they had pardoned the killers.


This content originally appeared on Committee to Protect Journalists and was authored by Erik Crouch.

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Critics Blast ‘Absolutely Shocking’ Supreme Court Decision on Wisconsin Voting Maps https://www.radiofree.org/2022/03/23/critics-blast-absolutely-shocking-supreme-court-decision-on-wisconsin-voting-maps/ https://www.radiofree.org/2022/03/23/critics-blast-absolutely-shocking-supreme-court-decision-on-wisconsin-voting-maps/#respond Wed, 23 Mar 2022 18:02:43 +0000 https://www.commondreams.org/node/335602
This content originally appeared on Common Dreams - Breaking News & Views for the Progressive Community and was authored by Jessica Corbett.

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‘Common-Sense Decision’: Court Allows Biden to Weigh Social Cost of Carbon https://www.radiofree.org/2022/03/17/common-sense-decision-court-allows-biden-to-weigh-social-cost-of-carbon/ https://www.radiofree.org/2022/03/17/common-sense-decision-court-allows-biden-to-weigh-social-cost-of-carbon/#respond Thu, 17 Mar 2022 08:25:47 +0000 https://www.commondreams.org/node/335420 Environmentalists applauded late Wednesday after a federal appeals court blocked a Trump-appointed judge's order barring the Biden administration from considering the future costs of climate damage in its rulemaking and public projects.

"When it comes to the climate, Biden can't continue business as usual."

In March 2021, a coalition of 10 Republican attorneys general sued the Biden administration over a White House directive instructing federal agencies to factor the "social cost of greenhouse gases" into their policymaking decisions, from new pollution regulations to drilling on public lands.

Last month, a federal judge in Louisiana sided with the Republicans, issuing a sweeping injunction prohibiting the Biden administration from factoring the cost of carbon—which it pegged at $51 per ton—into its policy moves. The Trump administration, by contrast, contended that each ton of carbon dioxide emitted into the atmosphere in 2020 would only cause roughly $1 to $7 in economic damages.

The Wednesday ruling by the U.S. Court of Appeals for the 5th Circuit stayed the Louisiana judge's injunction, allowing the Biden administration to continue using the $51-per-ton metric—a figure based on Obama-era assessments that some researchers and climate advocates say don't account for the full scope of emissions damage.

One recent analysis estimated that the actual social cost of carbon dioxide—from negative health impacts to destroyed homes—is at least 15 times the number adopted by the Biden administration.

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Kassie Siegel, director of the Center for Biological Diversity's Climate Law Institute, said in a statement that "this common-sense decision simply allows the government to continue its usual consideration of the costs of climate damage."

"But we need a lot more than that from the Biden administration," Siegel added. "When it comes to the climate, Biden can't continue business as usual. He has to meet this international crisis with bold executive action that speeds the transition to renewable energy and away from dangerous fossil fuels."

Last month, in response to the Louisiana judge's injunction, the Biden administration temporarily suspended the approval process for new drilling leases on public lands and waters. Prior to the pause, the Biden administration had approved more permits for new oil and gas drilling on public lands than the Trump administration did during its first year in power.

The Washington Post reported that the federal appeals court's ruling Wednesday "raises questions about whether Biden officials will restart federal oil and gas leasing." The administration is facing fresh pressure from congressional Republicans, right-wing Democrats, and the fossil fuel industry to ramp up domestic oil production amid fears of a supply shortage caused by Russia's assault on Ukraine.

"Last month, the Interior Department delayed decisions on new drilling, including a large lease sale of more than 170,000 acres in Wyoming that had been planned for this spring," the Post noted. "An Interior Department spokesperson said officials are reviewing the [appeals court's] decision."

Hana Vizcarra, an attorney for Earthjustice, said in a statement Wednesday that the federal court's ruling "sent a strong message that the rule of law cannot be short-circuited to score political victories."

"It puts the government back on track to address and assess climate change," Vizcarra added.


This content originally appeared on Common Dreams - Breaking News & Views for the Progressive Community and was authored by Jake Johnson.

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UK Top Court Rejects Assange’s Request to Appeal Extradiction Decision https://www.radiofree.org/2022/03/14/uk-top-court-rejects-assanges-request-to-appeal-extradiction-decision/ https://www.radiofree.org/2022/03/14/uk-top-court-rejects-assanges-request-to-appeal-extradiction-decision/#respond Mon, 14 Mar 2022 17:16:34 +0000 https://www.commondreams.org/node/335329
This content originally appeared on Common Dreams - Breaking News & Views for the Progressive Community and was authored by Andrea Germanos.

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Nurses Celebrate Decision Blocking ‘Insidious’ Texas Probes Into Parents of Trans Kids https://www.radiofree.org/2022/03/12/nurses-celebrate-decision-blocking-insidious-texas-probes-into-parents-of-trans-kids/ https://www.radiofree.org/2022/03/12/nurses-celebrate-decision-blocking-insidious-texas-probes-into-parents-of-trans-kids/#respond Sat, 12 Mar 2022 09:33:45 +0000 https://www.commondreams.org/node/335299
This content originally appeared on Common Dreams - Breaking News & Views for the Progressive Community and was authored by Jake Johnson.

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U.S. Intelligence Says Putin Made a Last-Minute Decision to Invade Ukraine https://www.radiofree.org/2022/03/11/u-s-intelligence-says-putin-made-a-last-minute-decision-to-invade-ukraine/ https://www.radiofree.org/2022/03/11/u-s-intelligence-says-putin-made-a-last-minute-decision-to-invade-ukraine/#respond Fri, 11 Mar 2022 17:58:50 +0000 https://theintercept.com/?p=389845

Despite staging a massive military buildup on his country’s border with Ukraine for nearly a year, Russian President Vladimir Putin did not make a final decision to invade until just before he launched the attack in February, according to senior current and former U.S. intelligence officials.

In December, the CIA issued classified reports concluding that Putin hadn’t yet committed to an invasion, according to the current and former officials. In January, even as the Russian military was starting to take the logistical steps necessary to move its troops into Ukraine, U.S. intelligence again issued classified reporting maintaining that Putin had still not resolved to actually launch an attack, the officials said. “The CIA was saying through January that Putin had not made a decision to invade, but he was putting in place pieces for an invasion,” said a senior U.S. intelligence official, who asked not to be identified in order to discuss sensitive matters. “I think Putin was still keeping his options open.”

It wasn’t until February that the agency and the rest of the U.S. intelligence community became convinced that Putin would invade, the senior official added. With few other options available at the last minute to try to stop Putin, President Joe Biden took the unusual step of making the intelligence public, in what amounted to a form of information warfare against the Russian leader. He also warned that Putin was planning to try to fabricate a pretext for invasion, including by making false claims that Ukrainian forces had attacked civilians in the Donbas region of eastern Ukraine, which is controlled by pro-Russian separatists. The preemptive use of intelligence by Biden revealed “a new understanding … that the information space may be among the most consequential terrain Putin is contesting,” observed Jessica Brandt of the Brookings Institution.

Biden’s warning on February 18 that the invasion would happen within the week turned out to be accurate. In the early hours of February 24, Russian troops moved south into Ukraine from Belarus and across Russia’s borders into Kharkiv, the Donbas region, and Crimea, which Russia annexed in 2014.

The intelligence community’s assessment that Putin waited until almost the last minute to decide to start a war with Ukraine, which has not been previously reported, is significant because it could help explain how ill-prepared and uncoordinated the Russian military has appeared since it invaded. There have been widespread reports that Putin kept many Russian leaders out of the loop, that they were stunned by his decision to attack, and that the Russian government was not fully ready for war. “I was shocked because for a long time, I thought that a military operation was not feasible. It was not plausible,” Andrey Kortunov, a member of a Kremlin panel of foreign policy advisers, told Britain’s Sky News on March 2. Kortunov said that he and other foreign policy advisers had been sidelined by Putin.

The Russian president has instead surrounded himself with a small circle of like-minded military and intelligence officials who do his bidding. This has prompted outside experts to describe the current Russian government as being run by the siloviki, a small cadre of senior people with security, intelligence, and military backgrounds. It means that an increasingly isolated Putin made the decision to invade largely by himself. But that isolation makes it difficult to control a sprawling enterprise like a major war.

It’s possible that Putin made his decision earlier than U.S. intelligence concluded that he did. Current intelligence officials who described the CIA’s reporting on Putin’s intentions refused to identify the specific intelligence the agency used to determine when he decided to invade, making it difficult to judge the quality of the assessments. For example, whether U.S. intelligence was able to determine Putin’s plans because it gained access to his personal communications — thus giving the U.S. real-time information about his thinking — remains a closely guarded secret.

The Russian president has surrounded himself with a small circle of like-minded military and intelligence officials who do his bidding.

Several former intelligence officials said they doubt that the U.S. has access to Putin’s personal communications and instead believe it is more likely that the U.S. relied in part on intercepted communications among others in the Russian government and military. As Putin issued orders, increasing numbers of government and military officials had to be notified, and those officials then had to notify others around them. As a result, the Russian president’s plans for such a large-scale invasion couldn’t remain secret for long.

While Putin’s intentions were difficult for U.S. intelligence to determine, the Russian military’s troop buildup along the border with Ukraine was much easier to monitor. Over the past year, in fact, Russia did little to conceal its huge military deployments along the border with Ukraine. Last April, U.S. intelligence first detected that the Russian military was beginning to move large numbers of troops and equipment to the Ukrainian border. Most of the Russian soldiers deployed to the border at that time were later moved back to their bases, but U.S. intelligence determined that some of the troops and materiel remained near the border, the current and former intelligence officials said. The intelligence community realized that by only withdrawing part of its forces, Russia was making it easier to mount a quick mobilization later.

In June 2021, against the backdrop of rising tensions over Ukraine, Biden and Putin met at a summit in Geneva. The summer troop withdrawal brought a brief period of calm, but the crisis began to build again in October and November, when U.S. intelligence watched as Russia once again moved large numbers of troops back to its border with Ukraine. Pentagon analysts began to warn that the scale and costs of the deployment were much larger than would be required if Putin were bluffing, said current and former officials familiar with the intelligence.

As U.S. intelligence monitored the Russian troop buildup, there was some concern among officials handling Russian operations inside the CIA about how aggressively they were being allowed to conduct spy operations against Moscow. Early in 2021, some officials involved in Russian operations inside the CIA said that they were facing at least a temporary pause on a series of sensitive covert operations related to Russia, according to a former U.S. intelligence official with direct knowledge of discussions among the officials involved in Russian operations. The former official said that William Burns, Biden’s CIA director, was seeking to temporarily halt some high-risk and potentially provocative operations to give the new administration a chance to try to reset relations with Putin after the weird and controversial relationship between Putin and Donald Trump. The former U.S. president had been investigated for his ties to Russia, and his relationship with Putin often seemed submissive, poisoning every aspect of U.S.-Russian relations.

The Biden administration “wanted to see if they could avoid kicking over a hornet’s nest called Russia.”

“There was a deep desire for a stable and predictable relationship with Russia,” the former senior CIA official told The Intercept. The Biden administration “wanted to see if they could avoid kicking over a hornet’s nest called Russia.”

A CIA spokesperson denied that there were any restrictions imposed on operations against Russia, calling the idea that Burns had sought to limit high-risk spy missions to give Biden a chance to reset relations with Putin categorically false.

Senior intelligence officials said that the only real shift in Russian operations was to increase the agency’s focus on intelligence related to Ukraine instead of pursuing other Russia-related targets. In the first few months of the Biden administration, U.S. intelligence officials began working more closely with Ukrainian intelligence to help the country prepare for a possible Russian invasion, the senior agency official said.

As the intelligence began to show the Russian escalation along the Ukrainian border, top CIA officials became increasingly focused on Ukraine long before it burst into the headlines as a global crisis. “I saw Burns in December, and he was really agitated by the Russian buildup,” said the former senior intelligence official.

Yet for several critical weeks last fall, senior policymakers in the Biden administration remained deeply split over how best to respond. At that time, the administration was reluctant to dramatically and immediately increase arms shipments to Ukraine.

Alexander Vindman, the former Army officer who handled Ukraine policy at the National Security Council and who became a whistleblower in Trump’s impeachment over the Ukraine scandal, says that Trump was largely responsible for delaying arms shipments to the country. Vindman said in an interview that the toxic politics surrounding Trump’s handling of Ukraine continued to make officials in the Biden administration wary of how aggressively to handle Ukraine policy last year.

In 2019, Trump froze military aide to Ukraine to try to pressure Ukrainian President Volodymyr Zelenskyy to investigate Biden, then a contender for the Democratic presidential nomination. Trump was impeached by the House for his attempt to pressure a foreign leader to meddle in a U.S. election but was later acquitted in the Senate. “Trump’s freeze on arms transfers made Ukraine toxic for the remainder of the Trump years, and I think Biden saw it as a toxic issue too,” Vindman said. “We lost three years’” worth of aid to Ukraine because of Trump’s efforts to intimidate Zelenskyy, he added. (Vindman testified before Congress during the impeachment; he was subsequently forced out of his job at the White House and later retired from the Army, saying that his chain of command did not shield him from pressure from the Trump administration.)

By February, however, as the U.S. intelligence community issued specific warnings that an invasion was imminent, the period of indecision among Biden administration policymakers came to an end. Since the invasion, the U.S. and its NATO allies have poured arms into Ukraine to help the nation defend itself. But Biden has imposed limits, and this week he rejected a Polish proposal to transfer fighter jets to Ukraine.

A senior U.S. intelligence official said that Putin has been surprised and disappointed by the Russian army’s problems so far and by the strength of the Ukrainian resistance. A U.S. intelligence official told Congress this week that as many as 4,000 Russian soldiers have been killed since the invasion began.

The senior intelligence official said that the Ukrainian intelligence service, which worked with the CIA to prepare for the invasion, has performed well since the Russian attack, but did not provide any details.

“Clearly Putin’s expectation was that this would be a much easier enterprise than it is,” the senior U.S. intelligence official said.


This content originally appeared on The Intercept and was authored by James Risen.

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Hawaii Citizen Groups Wary of US Military’s Sudden Decision to Shutter Red Hill Jet Fuel Storage Facility https://www.radiofree.org/2022/03/09/hawaii-citizen-groups-wary-of-us-militarys-sudden-decision-to-shutter-red-hill-jet-fuel-storage-facility/ https://www.radiofree.org/2022/03/09/hawaii-citizen-groups-wary-of-us-militarys-sudden-decision-to-shutter-red-hill-jet-fuel-storage-facility/#respond Wed, 09 Mar 2022 12:30:54 +0000 https://www.commondreams.org/node/335194
This content originally appeared on Common Dreams - Breaking News & Views for the Progressive Community and was authored by Ann Wright.

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PNG faces dilemma over ‘momentous’ decision to reopen Bougainville’s Panguna mine https://www.radiofree.org/2022/02/18/png-faces-dilemma-over-momentous-decision-to-reopen-bougainvilles-panguna-mine/ https://www.radiofree.org/2022/02/18/png-faces-dilemma-over-momentous-decision-to-reopen-bougainvilles-panguna-mine/#respond Fri, 18 Feb 2022 09:46:52 +0000 https://asiapacificreport.nz/?p=70395

Last week the Bougainville Autonomous Government announced an agreement had been reach with Panguna landowners to reopen the island’s controversial gold and copper mine.

Once the backbone of the Papua New Guinea economy, Panguna has been idle since the civil war began more than 30 years ago — a war the mine was at least partly responsible for.

But now the leaders of the five major clans in the Panguna area — Basikang, Kurabang, Bakoringu, Barapang and Mantaa — have said they will allow the mine to reopen.

Don Wiseman of RNZ Pacific asked Business Advantage PNG specialist writer Kevin McQuillan about the significance of the decision:

KMcQ: “This is hugely significant. It’s significant for the people of Bougainville, the Bougainville Autonomous Government, the national government, and, dare I say, probably the whole region. But on the other hand, it also creates a huge dilemma for the national government. Panguna was probably the second biggest copper and gold mine in the world, and at one point and accounted for two fifths of Papua New Guinea’s GDP.

“So when it was operating, that was a huge source of income for the national government. But it wasn’t so much of course, for the people of Bougainville, which prompted the 10 years civil war in part. The other element of that civil war, apart from the poor income that the operators gave the people of Bougainville was the environmental damage to the island of Bougainville.”

DW: President Ishmael Toroama has said that being able to open Panguna again is a critical step on the road to independence, in terms of showing economic viability.

KMcQ: “Yes. And that’s reflected also in the fact that there’s been mounting pressure over the last probably 10 or more years for the mine to open because the generations coming through have had very little in the way of food, shelter, clothing, educational opportunities, so on and so forth. And a lot of that pressure to reopen has come from the younger generation, because they want the opportunities that they know exist.

“For the national government it creates the dilemma of having agreed to discuss Bougainville breaking away, but not wanting to break away. What does it do to keep Bougainville within the fold, because the potential income for not just for Bougainville but for the country as a whole is enormous — 42 percent of GDP when it was operating.

“It may not be as much when it does get back up and running, but it will certainly be a significant contributor to the PNG economy. So where [Prime Minister James] Marape and whoever takes over as prime minister, if he loses the election this year, goes with discussions on Bougainville and its independence is hugely significant for the country as a whole.”

DW: This idea that President Toroama has of it being a conduit to independence may in fact work in the other direction.

KMcQ: “Well, it all depends on the negotiating skills really. The other element that comes into play is that BCL — Bougainville Copper Ltd — is now jointly controlled by the Papua New Guinea government and the Bougainville Autonomous Government, through a company called Bougainville Minerals Ltd. They both own a 36.4 percent share in Bougainville Copper.

“Over the past few years there have been promises from the national government to transfer that 36.4 percent shareholding that the national government has to the people Bougainville, which would give it roughly 72 percent shareholding in Bougainville Copper. It’s never happened.

“The national government has held off transferring that money despite the promises that it would do so. And this is going to be a key negotiating point in the future of independence. The national government, of course, does not want Bougainville to go independent. And there are options. There are other options.

“It’s not a binary choice of either independence or not. It could be that the negotiations see the Bougainville area stay within, if you like the parameters of Papua New Guinea, but having a high degree of independence. But whatever that actually means, nobody’s really going to know until the negotiations finish.”

DW: Yes. So the PNG government could hold on to shareholding and still earn from Panguna. Even if it went to this lesser form of independence.

KMcQ: “Yes, it could. But you can really bet your bottom dollar that if the national government holds on to its 36.4 percent shareholding, which was given to it by Rio Tinto, despite those promises, that will be a matter of a court case.”

DW: Now you talk about a lot of people being very keen to see the mine reopened. But there are also many, many people who certainly don’t want to see it reopen.

KMcQ: “They do but what has given this announcement the impetus is that clan chiefs’ representatives from the five major clans from the area have agreed to this resolution to re-open the mine.

“There will always be opposition to reopening the mine. There always has been, even over the last 10 years, when previous president of Bougainville, Fr John Momis, wanted the mine to reopen.

“There was a significant minority. Well, a vocal minority is probably more accurate, deeply opposed to the reopening of mine on environmental grounds.”

Panguna tailings wasteland
Panguna tailings wasteland … “There will always be opposition to reopening the mine … on environmental grounds.” Image: HRLC/RNZ Pacific

DW: With these announcements the minuscule share price for Bougainville Copper has soared.

KMcQ: “Well, it has doubled on news of this announcement. And it means that BCL has a market capitalisation of around about NZ$260 to NZ$265 or NZ$270 million . The point about the doubling of the share prices is the support that it reflects for the re-opening of mine.

“Plus it also, it paves the way for a company to be a little bit more settled in the prospects of the process of reopening the mine. The last valuation that they had to reopen the mine, which was several years ago now, said that it would cost between around about NZ$6 billion to reopen the mine. But over its lifetime, it would earn roughly $75 billion.

“So it’s a high risk, high reward investment. But the fact that this resolution has been made, declared, share prices doubled. It means that Bougainville Copper is probably a lot more confident this week than it was last week that it could go ahead and do some preparatory work for the reopening of the mine, which could take five to seven years.”

DW: They are just eyewatering figures aren’t they?

KMcQ: Well, it shows the potential. I mean this is a mine that was the second biggest gold and copper mine in the world. And there will be a lot of companies, global companies keen to get involved. Rio Tinto has put its fingers into the air and sniffed the wind and it realises that this could finally happen.

DW: You mean Rio Tinto is lining up to to work with its former company?

KMcQ: “Well, it certainly looks that way. In 2016, because of the criticism that Rio Tinto had, or was receiving because of the huge environmental damage that it caused to the Bougainville area, it gave away its mine.

“It had a choice of either fixing up the environment or walking away, as it saw it. So it walked away — gave those shares equally to the Bougainville government and the national government. But now it wants to get back involved.

“And over the last week it has been talking about repairing some of the environmental damage that it caused during the mine’s operation. But there are other companies involved around the world, which could get involved.

“I’m thinking Glencore, the Swiss-based development company could get involved as well. Now, the reason why this is important is because BCL does not have the financial wherewithal to go and reopen the mine at a cost of $6 billion.

“And it’s only gotten roughly NZ$260 million in play. And really, it doesn’t have the expertise to reopen the mine, develop it, run it. It would have to go into partnership with one of the big mining companies Rio Tinto, or Glencore, or somebody else.

“The former president, Sir John Momis, had negotiations or had talked to China about the possibility of a Chinese company moving in and developing the mine. So in the current climate of debate around China’s role in South Pacific, one has to wonder just what impact that might have on the Australian, New Zealand, American governments.”

This article is republished under a community partnership agreement with RNZ.


This content originally appeared on Asia Pacific Report and was authored by APR editor.

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Opposition Urges EU to Follow Suit in Cambodia After Decision to Pursue Sanctions For Belarus https://rfa.org/english/sanctions-08192020170707.html https://rfa.org/english/sanctions-08192020170707.html#respond Wed, 19 Aug 2020 21:35:00 +0000 https://rfa.org/english/sanctions-08192020170707.html The European Union should sanction officials responsible for human rights abuses in Cambodia, the country’s banned opposition party said Wednesday, citing the bloc’s decision to prepare a list of Belarusian officials to be hit with sanctions following a post-election crackdown on demonstrators.

In a statement, the Cambodia National Rescue Party (CNRP) expressed “great concern” over developments in Belarus, where President Alexander Lukashenko has violently suppressed protesters and strikers in the capital Minsk who have rejected what they say was a fraudulent Aug. 9 election that resulted in an extension of his 26-year rule.

The recent events had prompted an emergency summit Wednesday in which Charles Michel, the head of the European Council, called the polls in Belarus “neither free nor fair” and promised sanctions “on a substantial number of individuals responsible for violence, repression and election fraud.”

“The events in Belarus remind us of the oppressive methods used by the Cambodian regime, which has captured the state in the hands of limited circle of people close to the dictator Hun Sen through abuse of institutions and sham elections without participation of the opposition,” the CNRP said.

“Both Belarus and Cambodia face orchestrated unconstitutional oppression of the citizens by dictators who identify the state with themselves and want to destroy any notion of free thought.”

The CNRP was dissolved in November 2017 for its role in an alleged plot to topple the government. Along with a broader crackdown on the political opposition, NGOs, and the independent media—the removal of the popular party paved the way for Hun Sen’s ruling Cambodian People’s Party (CPP) to win all 125 seats in parliament in the country’s July 2018 general election.

“Just like in Belarus,” the CNRP noted, authorities in Cambodia have in recent months been arresting those who speak out against Hun Sen’s nearly three decades of rule and driven much of the opposition into self-imposed exile to avoid what they say are politically motivated charges and convictions.

The opposition party pointed to the arrest two weeks ago of outspoken union leader Rong Chhun, who was charged with “incitement to commit a felony or create social unrest” after alleging that the government had allowed Vietnam to encroach on Cambodian territory, as well that of six of his supporters who had joined near-daily protests in the capital Phnom Penh calling for his release.

“The situation in Cambodia, just as the situation in Belarus, requires the immediate attention of the international community,” the statement said.

“Those who oppress the people cannot enjoy the privileges of free communication, travel, cooperation and business with the democratic world. They need to bear the consequences of their actions, being directly and severely sanctioned by the international community.”

The CNRP said it welcomed a decision by the European Council to begin the process of sanctions against those in Belarus deemed responsible for violence, arrests, and fraud in connection with the election, as well as calls from European Commission President Ursula von der Leyen to bring “additional sanctions against those who violated democratic values or abused human rights” in the country.

EBA withdrawal

On Aug. 12, the EU implemented the withdrawal of duty-free, quota-free access to its market under the “Everything But Arms” (EBA) scheme for some 20 percent of Cambodia’s exports—a decision that was announced in February.

The EU’s move came in response to the Hun Sen government’s failure to reverse rollbacks on democracy and other freedoms required under the trade arrangement—demands the prime minister has said are an encroachment on Cambodia’s sovereignty. Affected exports include goods from Cambodia’s vital garment and footwear industries.

Following the withdrawal, the CNRP last week condemned the government for failing to implement reforms required by the EU to avoid trade sanctions and called on the bloc to sanction Hun Sen and other officials deemed responsible for rights violations in Cambodia through visa restrictions and the freezing of their assets, saying that the tariffs would largely only impact the country’s workers.

However, the recent developments in Belarus and the EU’s decision to pursue sanctions against officials in Lukashenko’s government for similar violations, prompted the opposition party to redouble its efforts Wednesday.

Responding to the CNRP statement, CPP spokesman Sok Ey San told RFA’s Khmer Service that the situation in the two countries is “completely different,” adding that the opposition in Cambodia is “jealous” of development under Hun Sen’s government and will do anything it can to disrupt peace.

“They envy us—when they could not have power, they fled overseas and urged the EU to withdraw the EBA,” he said. “And now they want the EU to punish Cambodia just like Belarus.”

But CNRP Deputy President Mu Sochua told RFA that if Hun Sen does not accede to EU demands, which also include the reinstatement of the opposition, he and his officials will also face sanctions.

“I believe sanctions can include travel to the EU and the freezing of their assets,” she said. “These kinds of sanction won’t affect regular people.”

An investigation by Reuters last October revealed that Hun Sen’s niece Hun Kimleng and her husband, National Police Commissioner Neth Savoeun, were among eight politically connected Cambodians to obtain citizenship in EU member state Cyprus through a controversial scheme that allows anyone willing to invest U.S. $ 2.2 million in the prosperous island nation’s business or real estate sectors to obtain it.

Use of violence condemned

The CNRP call for EU sanctions came a day after a group of 80 Cambodian civil society groups issued a joint statement condemning the Cambodian authorities’ use of violence against peaceful demonstrators and the recent arrest of more than a dozen activists since the arrest of Rong Chhun.

The groups noted that in addition to six more individuals who have been sent to pre-trial detention after advocating for the union leader’s release, authorities have also beaten and arrested relatives—most of whom are women—of former members of the CNRP who were protesting against their family members’ arrests.

“It is not a crime to call for your family to be released from prison. It is not a crime to speak out against your friends' arrest. It is not a crime to stand shoulder-to-shoulder with people in your community and demand justice,” the statement read.

“All Cambodians have the right to peacefully protest without being shoved, beaten or dragged off by police. We call on the government to immediately release those arrested, drop charges against them and fully respect the Cambodian people's rights to free expression and assembly.”

Responding to the statement on Wednesday, Ministry of Justice spokesman Chhin Malin called on the Ministry of Interior to investigate whether the civil society groups had violated rules of impartiality as defined by the controversial Law on Association and Nongovernmental Organizations (LANGO).

Chhin Malin said that some of the group who signed Tuesday’s statement are “inactive” and sought to criticize the government “without foundation.” He added that the Cambodia’s courts are “independent” and would not yield to pressure from civil society.

“The government has implemented the law in general without targeting any specific group—if someone acts in breach of the law, they will be punished,” he said.

“The statement from the civil society groups is not the legal way to protect a defendant in a democratic society. If they want to help the defendants, they can only do so through due process.”

Koul Panha, the former executive director of and currently an advisor to local electoral watchdog Comfrel, questioned Chhin Malin’s right to make such a statement on behalf of the Ministry of Justice.

“This institution was not established to defend the authorities’ actions; it is supposed to uphold justice and human rights,” he told RFA.

“Our rule of law is very weak. The people can’t rely on the government and the government doesn’t understand its own role. The people are weak and powerless, and they don’t know who to ask for help.”

Reported by RFA’s Khmer Service. Translated by Samean Yun. Written in English by Joshua Lipes.


This content originally appeared on Radio Free Asia and was authored by Radio Free Asia.

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