Search This Blog

Showing posts with label ACTIVISTS. Show all posts
Showing posts with label ACTIVISTS. Show all posts

Friday, December 10, 2021

RSN: Robert Reich | The Crypto-Congressional Complex

 


 

Reader Supported News
10 December 21

Live on the homepage now!
Reader Supported News

DO YOU GIVE A DAMN ABOUT READER SUPPORTED NEWS? — This organization is built literally on community service and community support. The two are 100% interdependent. That is why you get what you expect from RSN. We need you folks, in reasonable numbers, to contribute. In solidarity.
Marc Ash • Founder, Reader Supported News

Sure, I'll make a donation!

 

Robert Reich. (photo: Getty)
Robert Reich | The Crypto-Congressional Complex
Robert Reich, Robert Reich's Substack
Reich writes: "How speculators making billions are intent on keeping crypto unregulated, unobserved, untaxed, and uncontrolled."

How speculators making billions are intent on keeping crypto unregulated, unobserved, untaxed, and uncontrolled

I’m fascinated by how markets either promote the public interest or subvert it. Much depends on how they’re designed. Markets don’t exist in nature. They’re created and enforced by governments. Which is why the old saw about the choice being “government or free market” is so dangerously wrong. It prevents us from examining whose interests are being advanced and whose are being suppressed in the design of markets, and who’s behind the design. In other words, where power lies.

The market for so-called crypto-currencies offers a case in point. Yesterday, the CEOs of six cryptocurrency companies testified before the House Financial Services Committee about the uses and abuses of crypto assets -- the first time crypto executives have addressed lawmakers. What will Congress do? Hmmm.

Crypto is no longer just a quirky means of financing illicit activities. It’s become a huge, unregulated gambling arena. And as it expands to include ever more of the portfolios of private-equity funds, hedge funds, mutual funds, venture capitalists and Wall Street banks, it’s fast becoming a political powerhouse as well.

What we’re seeing is a race between speculators who stand to gain billions by keeping the crypto arena unregulated, unobserved, untaxed, and uncontrolled -- and who are starting to spend huge sums to keep it that way – and those who stand to lose vast sums from the hackers, launderers, con artists, pump-and-dumpsters, Ponzi-schemers, and fraudsters now thriving in this murky underworld.

Crypto ransomware is exploding. The U.S. government recently traced crypto ransom paid by American corporations, hospitals, and city governments to a prestigious business address in Moscow.

In May, the Federal Trade Commission reported that consumers had lost more than $80 million on crypto scams between October 2020 and March 2021 -- more than ten times the amount lost during the same period the previous year, $2 million of which was lost to scammers impersonating Elon Musk. (As the Wall Street Journal reported, Musk “has become Bitcoin’s biggest influencer, like it or not.” In January, Musk added “#bitcoin” to his Twitter profile; in February, Tesla announced that it had bought $1.5 billion worth of bitcoin and would accept payment for its electronic vehicles in it. Tesla later reversed course on accepting bitcoin.)

I should add that simply in order to exist, cryptocurrencies use astonishing amounts of electricity. (The process of creating Bitcoin to spend or trade consumes around 91 terawatt-hours of electricity annually, more than is used by Finland, a nation of about 5.5 million.)

Crypto needs reining in. I wouldn’t ban it, but I’d do everything possible to protect small investors and consumers; prevent its use for money laundering, ransomware, and trafficking; and minimize (or force its users to pay for) the environmental costs of its gigantic energy demands.

Will any of this happen?

Consider that venture capitalists have invested more than $27 billion in crypto so far this year alone, more than the previous 10 years combined, according to PitchBook. Goldman Sachs is opening a cryptocurrency trading desk. Since February, BNY Mellon has allowed its clients to hold Bitcoin. Wells Fargo is planning to offer professionally managed cryptocurrency funds for qualified investors. Morgan Stanley’s Europe Opportunity Fund reports owning almost 30,000 shares of the Grayscale Bitcoin Trust, according to a June 28 filing.

This has created enough financial clout to forge a “crypto congressional complex” intent on keeping the game going. That complex has already attracted big-name players, including Brian Brooks, acting Comptroller of the Currency under Donald Trump and now chief executive of the blockchain technology company Bitfury Group; Jay Clayton, chair of the Securities and Exchange Commission under Trump and now an advisor to Fireblocks, a $2 billion Israeli-based crypto custodian; and Brian Quintenz, until September head of the Commodity Future Trading Commission’s Technology Committee, now adviser to Andreessen Horowitz, a venture-capital firm and investor in crypto startups. Andreessen Horowitz recent hires also include a former aide to Joe Biden and a former Justice Department crypto prosecutor.

Crypto campaign money is now flowing freely to members of Congress (some of it, presumably, in cryptocurrencies – but, who knows?) Congress’s “Blockchain Caucus” now counts 35 lawmakers as members. Cynthia Lummis, a Republican senator from Wyoming, has already raked in a significant portion of her 2026 campaign contributions from individuals linked to crypto firms. (In November she announced her opposition to Jerome Powell’s reappointment to head the Federal Reserve because of the central bank’s “political approach to digital assets.”)

Based on public disclosures, The Economist estimates that in the first nine months of this year, crypto firms spent some $5 million lobbying the U.S. Senate, about $2.5m of which was spent between July and September (four times the amount spent during the same period last year). The industry is now deploying the equivalent of 86 full-time lobbyists in Washington, up from just one in 2016. This is likely to be just the start.

Gary Gensler, current head of the Securities and Exchange Commission, says he wants tougher policing of the crypto “Wild West.” But so far the U.S. government hasn’t clarified whether cryptocurrencies are securities requiring heavy disclosures, or commodities whose exchanges are charged with preventing market manipulation. Crypto isn’t even currently reported on the forms hedge funds are required to file with the S.E.C., which list their ownership of stocks and bonds. This has left regulators in the dark.

All of which raises the question: As the crypto congressional complex continues to grow, how much longer will lawmakers and regulators be able to rein crypto in?

What do you think?


READ MORE


Julian Assange Can Be Extradited to US to Face Espionage Charges, Court RulesWikiLeaks founder Julian Assange holds in 2016 a U.N. arbitrary detention report on his case while speaking in London with the media. (photo: Niklas Halle'n/Getty)

Julian Assange Can Be Extradited to US to Face Espionage Charges, Court Rules
William Booth and Rachel Weiner, The Washington Post
Excerpt: "A British High Court ruled Friday that WikiLeaks founder Julian Assange can be extradited to the United States to face charges of violating the Espionage Act."

A British High Court ruled Friday that WikiLeaks founder Julian Assange can be extradited to the United States to face charges of violating the Espionage Act.

The 50-year-old Australian will remain in London’s Belmarsh prison, where he has been held since April 2019 after the Ecuadoran Embassy revoked his political asylum.

Stella Moris, Assange’s partner, mother of his two children and his former lawyer, said they will file a final appeal to the British Supreme Court, which would hear the case only if the court believes it involves a point of law “of general public importance.” That process could take weeks or months.

If the British Supreme Court court declines to hear Assange’s final appeal, he could seek a stay of extradition from the European Court of Human Rights — which Britain is still subject to — a substantial legal hurdle.

The High Court ruling on Friday brings Assange one step closer to being turned over to U.S. marshals for a flight to Washington, where he would stand trial in federal court in Northern Virginia.

U.S. prosecutors charge that Assange helped hack into classified information and published thousands of pages of military records and diplomatic cables about the wars in Afghanistan and Iraq, which put the lives of allies in danger.

Assange’s supporters say he was acting as an investigative journalist who uncovered a trove of damning material about American acts abroad. They say the extradition and prosecution will undermine press freedoms in the United States.

“How can it be fair, how can it be right, how can it be possible, to extradite Julian to the very country which plotted to kill him?” Moris said, in reference to a Yahoo News report that members of the Trump administration discussed kidnapping Assange or having him assassinated.

“We will appeal this decision at the earliest possible moment,” Moris said.

In January, a British judge ruled that Assange should not be extradited to the United States because he would be at high risk of suicide.

The U.S. government appealed that decision, suggesting the psychiatrist who examined him was biased and that Assange’s mental health was not a barrier to extradition.

Assange was charged under the Trump administration with violating the Espionage Act, the first time U.S. federal prosecutors have targeted not just the source but the publisher of classified information.

Chelsea Manning, the Army private who shared secret diplomatic and military information with WikiLeaks in 2010, was released from prison under President Barack Obama but spent roughly a year in jail for refusing to testify before a grand jury investigating Assange.

Under President Biden, the Justice Department assured the British courts that Assange can be put on trial in the United States despite his mental health issues.

If he were convicted, the U.S. government in October promised the British courts that Assange would not be sent to the country’s highest-security prison or automatically placed in solitary confinement. He could also seek to serve his sentence in his native Australia.

The British High Court sided with the Americans, and Judge Timothy Holroyde said the assurances offered over the conditions of Assange’s incarceration in the United States were both “sufficient” and “solemn undertakings,” promised from one government to another.

Assange’s defense attorneys maintained the U.S. assurances could not be trusted.

“It is highly disturbing that a U.K. court has overturned a decision not to extradite Julian Assange, accepting vague assurances by the United States government, which has reportedly plotted to kidnap or even assassinate Mr. Assange, that if Mr. Assange is extradited he will be provided appropriate care and not be held in a super-maximum facility,” U.S.-based defense attorney Barry Pollack said.

By the time he was charged in the United States under seal in 2017, Assange had already spent six years living in Ecuador’s London embassy out of fear that he would be extradited to Sweden for a sexual assault investigation and ultimately to the United States. The Ecuadoran government expelled him in 2019, and he was promptly arrested by British authorities.

The Justice Department began investigating Assange in 2010 but under Obama decided that any prosecution would create a dangerous precedent that could be used to go after news organizations. The Espionage Act has been used to prosecute government employees and contractors who share classified information with the press, but never before against the publisher of that information.

In their indictment of Assange, prosecutors took pains to distinguish him from traditional journalists, saying that he had encouraged illegal hacking and recording for personal reasons, and knowingly put people at risk by publishing their names.

“The Department takes seriously the role of journalists in our democracy,” then-Assistant Attorney General for National Security John Demers said at a press conference in 2019. “It is not and has never been the Department’s policy to target them for their reporting. Julian Assange is no journalist.”

Press freedom groups dismissed those distinctions as insufficient protection for journalists.

“We continue to have profound concerns about the press-freedom implications of this prosecution,” Jameel Jaffer, executive director at the Knight First Amendment Institute at Columbia University, said in a statement Friday. “The Trump administration should never have filed this indictment, and we call on the Biden administration again to withdraw it.”

The group Reporters Without Borders also condemned the decision that Assange can be extradited, saying he would face possible life imprisonment “for publishing information in the public interest.”

The group called for the U.S. government “to drop its more than decade-long case against him once and for all,” in line with its commitment to protect media freedom.


READ MORE


Appeals Court Rejects Trump's Bid to Keep January 6 Documents From House CommitteeTrump's January 6th Rally at the U.S. Capitol. (photo: Getty)

Appeals Court Rejects Trump's Bid to Keep January 6 Documents From House Committee
Tierney Sneed and Paul LeBlanc, CNN
Excerpt: "A federal appeals court Thursday ruled against former President Donald Trump in his effort to block his White House records from being released to the House select committee investigating January 6."

A federal appeals court Thursday ruled against former President Donald Trump in his effort to block his White House records from being released to the House select committee investigating January 6.

However, the DC Circuit Court of Appeals paused its ruling for two weeks so that Trump could seek a Supreme Court intervention.

"The events of January 6th exposed the fragility of those democratic institutions and traditions that we had perhaps come to take for granted," said the DC Circuit opinion, which was written by Judge Patricia Millett, who was appointed by former President Barack Obama. "In response, the President of the United States and Congress have each made the judgment that access to this subset of presidential communication records is necessary to address a matter of great constitutional moment for the Republic. Former President Trump has given this court no legal reason to cast aside President Biden's assessment of the Executive Branch interests at stake, or to create a separation of powers conflict that the Political Branches have avoided."

Joining Millett in the decision was fellow Obama-appointee Judge Robert Wilkins and Judge Ketanji Brown Jackson, who was appointed to the appeals court by President Joe Biden.

Trump spokeswoman Liz Harrington said in a statement following the ruling that "regardless of today's decision by the appeals court, this case was always destined for the Supreme Court."

"President Trump's duty to defend the Constitution and the Office of the Presidency continues, and he will keep fighting for every American and every future Administration," she continued.

Committee Chair Bennie Thompson, a Mississippi Democrat, and Vice Chair Liz Cheney, a Wyoming Republican, issued a statement Thursday applauding, "the Court's decisive ruling, which respects the Select Committee's interest in obtaining White House records and the President's judgment in allowing those records to be produced."

"Our work moves ahead swiftly. We will get to the truth," the pair said.

House Speaker Nancy Pelosi, meanwhile, said in a statement Thursday, "No one can be allowed to stand in the way of the truth -- particularly not the previous President, who incited the insurrection."

Biden had declined to assert executive privilege over the documents in question, as he had determined that the "unique and extraordinary" circumstances around January 6 warranted the transparency, administration officials said.

Trump brought the lawsuit in October seeking to block the National Archives from turning over the documents to the House committee.

The former President's lawsuit alleged that the House's requests for documents from the executive branch "are unprecedented in their breadth and scope and are untethered from any legitimate legislative purpose." It also claimed that Biden's refusal to protect some of the documents was "a political ploy to accommodate his partisan allies."

Among several legal arguments made in court, Trump has claimed that the House select committee hasn't made clear the legislative reasons for why it needs records from his presidency, and that he should have some ability to keep private his discussions as president.

But the court pointed to several examples -- that spanned administrations and dated to the Reagan administration -- in which presidents "have agreed that the disclosure decision of an incumbent President controls within the Executive Branch over the contrary claim of a former President." The examples included regulations adopted by the National Archives under the Trump administration.

The court said it was stopping short of deciding whether the judicial branch could ever second-guess an incumbent president's decision not to assert executive privilege.

"Under any of the tests advocated by former President Trump, the profound interests in disclosure advanced by President Biden and the January 6th Committee far exceed his generalized concerns for Executive Branch confidentiality," the DC Circuit opinion said.

Notably, the court also backed the purpose of the House's investigation, as Trump had argued in the case that the probe lacked a legitimate legislative purpose.

"The very essence of the Article I power is legislating, and so there would seem to be few, if any, more imperative interests squarely within Congress's wheelhouse than ensuring the safe and uninterrupted conduct of its constitutionally assigned business," the opinion said.

"Here, the House of Representatives is investigating the single most deadly attack on the Capitol by domestic forces in the history of the United States. Lives were lost; blood was shed; portions of the Capitol building were badly damaged; and the lives of members of the House and Senate, as well as aides, staffers, and others who were working in the building, were endangered. They were forced to flee, preventing the legislators from completing their constitutional duties until the next day. "

The case turned on how courts should handle situations where a former president is seeking to overrule the decision by an incumbent president not to assert executive privilege.

"What Mr. Trump seeks is to have an Article III court intervene and nullify those judgments of the President and Congress, delay the Committee's work, and derail the negotiations and accommodations that the Political Branches have made," the appeals court said. "But essential to the rule of law is the principle that a former President must meet the same legal standards for obtaining preliminary injunctive relief as everyone else. And former President Trump has failed that task."

The National Archives was originally set to begin turning over records last month to Congress, but Trump's lawsuit had put that on hold, potentially slowing parts of the House committee's investigation.

The House said it needs the more than 700 pages of disputed Trump White House records -- including records from close advisers such as then-chief of staff Mark Meadows and press secretary Kayleigh McEnany -- so it can learn more about Trump's efforts in order for Congress to make laws that could protect future elections.


READ MORE


Starbucks Workers Form Their 1st Union in the US in a Big Win for LaborStarbucks workers celebrated the outcome of the vote on Thursday in Buffalo. (photo: Lindsay Dedario/Reuters)

Starbucks Workers Form Their 1st Union in the US in a Big Win for Labor
Alina Selyukh, NPR
Selyukh writes: "Starbucks workers have voted to form their first U.S. union."

Starbucks workers have voted to form their first U.S. union.

Workers from one store in Buffalo, N.Y., voted to unionize, in a watershed moment for Starbucks, which operates 8,953 stores in the United States.

Three Buffalo-area stores held separate union elections. Baristas and shift supervisors from one store voted to unionize 19-8, while workers from the second store rejected unionization 12-8.

The third store failed to reach a verdict and faces a legal battle. There, 15 votes were cast for unionization and 9 against, while 7 votes were challenged. Most of the challenges came from the union, which argued that some workers who voted weren't regular employees at the location.

The election marks one of the highest-profile union wins for U.S. restaurant workers, which are among the least unionized in the country.

Starbucks workers who voted to unionize will join Workers United, affiliated with the massive Service Employees International Union.

3 more Buffalo stores and 1 in Arizona are also trying to unionize

Starbucks has promoted its reputation as a progressive employer with generous benefits, arguing that a union is not necessary.

In fact, Starbucks has fought off organizing attempts in New York City and Philadelphia. Decades earlier, in the 1980s, the United Food and Commercial Workers International Union for a while represented some Starbucks staff. That union still represents workers at some locations run by grocery stores and not directly by Starbucks.

Then, last year, workers at a corporate-run Starbucks store in Canada unionized. And now, three additional locations in the Buffalo area and one in Arizona are pursuing a union.

"I think a unionized Starbucks restaurant will demonstrate to workers ... that it's not easy, but they can do it," said Rebecca Givan, a labor studies professor at Rutgers University. "We will likely see many, many more organizing drives."

In a Thursday letter to staff shared with NPR, Starbucks North America President Rossann Williams said for now, the union results entail "no immediate changes."

"The vote outcomes will not change our shared purpose or how we will show up for each other," she wrote. "We want to protect partner flexibility, transferability and benefits across all stores in a market or a district because we know that's important to partners."

Buffalo workers get nationwide attention

The Buffalo vote garnered nationwide attention and support from key labor figures such as Sen. Bernie Sanders, I-Vt. Starbucks headquarters also responded to the drive by flying a wave of corporate executives into Buffalo, including the Williams and also legendary former CEO Howard Schultz.

The pro-union Starbucks workers advocated for better staffing, training and pay, including steady wage increases for workers who stay with the company for years only to discover their pay is not much more than that of new hires.

Hours before federal officials set the union vote for Buffalo stores, Starbucks announced it would raise its starting pay to $15 an hour and boost wages for staff employed longer than two and five years, plus make changes to its training and scheduling.

Buffalo workers later accused Starbucks of breaking the law by interfering with their labor organizing. They filed a federal labor charge, saying the chain was "engaging in a campaign of threats, intimidation, surveillance" and other illegal activity in response to their efforts to unionize.

Starbucks denied those allegations and said it complies with all labor-organizing laws and guidelines.

Starbucks had also argued that all 20 stores in the Buffalo area should vote in the union election, rather than three individual stores, noting that workers can pick up shifts at different stores. Federal labor officials repeatedly disagreed, finding each store to be fairly autonomous and declining to delay the election or the vote count over the matter.


READ MORE


Supreme Court Signals Further Erosion of Separation of Church and State in SchoolsPeople gather outside the Supreme Court building as the court hears oral arguments in the Espinoza v. Montana Department of Revenue case, Jan. 22, 2020. (photo: Sarah Silbiger/Reuters)

Nina Totenberg | Supreme Court Signals Further Erosion of Separation of Church and State in Schools
Nina Totenberg, NPR
Totenberg writes: "The U.S. Supreme Court's conservative supermajority seemed poised Wednesday to hand school-choice advocates a major victory, and potentially a large expansion of state programs required to fund religious education."

The U.S. Supreme Court's conservative supermajority seemed poised Wednesday to hand school-choice advocates a major victory, and potentially a large expansion of state programs required to fund religious education.

The handwriting on the wall came during a nearly two-hour argument involving a challenge brought by two Maine families to the state's unusual way of providing public education.

Maine is a state so rural that a majority of its school districts do not have a high school. The way the state has dealt with that problem is to contract with existing high schools to accept students from districts with no high school and, in addition, to pay the same amount to nonsectarian private schools to pick up the slack. What the state will not do is pay the same tuition for students attending religious schools.

School-choice advocates have long sought ways to promote equal treatment for religious schools with taxpayer funds, and they had a willing audience in the court's six conservatives, five of whom attended religious schools. All signaled that they too view Maine's refusal to fund religious schools as unconstitutional.

The court's liberals noted that in the past, the court has held that states may, if they wish, have voucher programs that allow parents to send their kids to religious schools, but that in this case, school-choice advocates are asking the court to contend that the state must treat religious schools the same way it treats nonsectarian private schools.

Justice Stephen Breyer suggested that the beliefs taught in a religious school seem to conflict with the state's human rights law: "No gay students, no gay teachers, the man is superior to the woman, and a few other things like that."

Justice Sonia Sotomayor said that the existing Maine program treats everyone equally. The state provides a free public secular education for everyone, and if a family wants something different, namely a religious education, the family — not the taxpayers — has to pay for it.

But that's definitely not the way the court's conservatives saw things.

Justice Clarence Thomas asked Maine Deputy Attorney General Christopher Taub for his definition of a public education. His answer: an education that doesn't prefer one religion over another and doesn't teach "through the lens of religion."

Chief Justice John Roberts also weighed in: "Let's suppose you have two schools. School A is run by a religion ... and that religion has a doctrine that they should provide service to their neighbors. ... Religion B has a school, but its doctrine requires adherents to educate children in the faith. ... Would the first school get the funds?"

Taub said, "Yes." And would the second? "No."

So, shot back Roberts, "You're discriminating against religions based on their belief."

Justice Neil Gorsuch pursued the point, asking, "How does that not discriminate against minority religious viewpoints ... and favor religions that are more watered down?"

Taub replied that under Maine's program, no school that instills religious beliefs is eligible for tuition payments from the state.

The hypotheticals continued. Would the state pay tuition for a school that taught white supremacy? No, said Taub, the school has to provide an education roughly equal to that in public schools.

What about a school that teaches "critical race theory?" asked Justice Samuel Alito. Taub replied that he wouldn't know how to define that. But he failed to note that starting in 2022, the state will require all private schools that get tuition payments from the state to use the same curriculum as the state.

Justice Elena Kagan, coming to the rescue, asked what has been the hardest case the state has "actually had."

Taub replied that there had not been any, because the religious schools that had asked about eligibility had all identified themselves as religious and as teaching through the lens of religion.

Justice Brett Kavanaugh repeatedly suggested that both religious and non-religious schools should be treated the same way. "Discriminating against all religions versus secular is itself a kind of discrimination that the court has said is odious to the Constitution," he observed.

What about a school that is anti-religion, he asked. Would that school be eligible for state tuition payments? Taub replied that he'd never heard of such a school in Maine, but that it would not be eligible because Maine's goal is to advance religious neutrality, rather than be pro-religion or anti-religion.

Justice Amy Coney Barrett followed up, asking how the government would even find out whether a school was teaching that all religions are "bigoted and biased."

Taub replied that over 99.8% of children in Maine go to either a public school or one of the so-called "big 11" nonsectarian private schools. The state's Department of Education is "very familiar with the curriculum" at those nonsectarian schools, he said, because they are 95% publicly funded through the tuition program.



READ MORE



Saudi Women's Rights Activist Says Phone Hack by US Contractors Led to Arrest: LawsuitSaudi women's rights activist Loujain al-Hathloul is seen in this undated handout picture. (photo: Getty)

Saudi Women's Rights Activist Says Phone Hack by US Contractors Led to Arrest: Lawsuit
Joel Schectman and Christopher Bing, Reuters
Excerpt: "A Saudi Arabian women's rights activist accused three former U.S. intelligence contractors of an illegal hack of her phone that was instrumental in her being arrested and later tortured in her home country, according to a lawsuit filed in a U.S. court."

A Saudi Arabian women's rights activist accused three former U.S. intelligence contractors of an illegal hack of her phone that was instrumental in her being arrested and later tortured in her home country, according to a lawsuit filed in a U.S. court.

Loujain al-Hathloul helped lead a campaign to allow Saudi Arabian women to drive by live-streaming herself violating the ban, which was lifted in 2018.

She spent almost three years in Saudi jails and is currently banned from leaving the Kingdom. The lawsuit was filed on her behalf on Thursday in a federal court in Oregon by the privacy non-profit organization Electronic Frontier Foundation.

It alleged that the surveillance operation run by the three ex-contractors and DarkMatter, a United Arab Emirates cybersecurity company, led to al-Hathloul's arrest by the UAE’s security services.

From there she was extradited by private plane to Saudi Arabia, "where she was detained, imprisoned and tortured," according to the lawsuit.

A 2019 Reuters investigation cited by the lawsuit, revealed that al-Hathloul was targeted in 2017 by a team of U.S. mercenaries who surveilled dissidents on behalf of the UAE under a program called Project Raven, which categorized her as a national security threat and hacked into her iPhone.

Al-Hathloul said that as she was tortured, interrogators mentioned communications they apparently learned of through "unlawful access" to her phone, according to the lawsuit.

Saudi officials have denied torturing al-Hathloul and say she received a fair trial. A request for comment to the Saudi and Emirati embassies in Washington was not immediately answered.

In a separate settlement with U.S. federal prosecutors in September, for hacking charges, the three former U.S. intelligence contractors Marc Baier, Ryan Adams, and Daniel Gericke admitted to conducting surveillance operations on behalf of the UAE, including breaking into mobile devices.

Requests for comment sent to representatives for Gericke, Baier, Adams and DarkMatter were not immediately answered.

"No government or individual should tolerate the misuse of spy malware to deter human rights," al-Hathloul said in a statement.

"This is why I have chosen to stand up for our collective right to remain safe online and limit government-backed cyber abuses of power. ”


READ MORE



Tropical Forests Can Regenerate in Just 20 Years Without Human Interference'Secondary forests are like teenagers,' said study lead Lourens Poorter. 'They soak up carbon like crazy and they empty your fridge.' (photo: Igor Dudkovskiy/AP)

Tropical Forests Can Regenerate in Just 20 Years Without Human Interference
Sofia Quaglia, Guardian UK
Quaglia writes: "Tropical forests can bounce back with surprising rapidity, a new study published today suggests."

Study finds natural regrowth yields better results than human plantings and offers hope for climate recovery

Tropical forests can bounce back with surprising rapidity, a new study published today suggests.

An international group of researchers has found that tropical forests have the potential to almost fully regrow if they are left untouched by humans for about 20 years. This is due to a multidimensional mechanism whereby old forest flora and fauna help a new generation of forest grow – a natural process known as “secondary succession”.

These new findings, published in Science, could play an important role in climate-breakdown mitigation and provide actionable advice on how to act next. They also suggest that it is not too late to undo the damage that humanity has done through catastrophic climate change over the last few decades.

“That’s good news, because the implication is that, 20 years … that’s a realistic time that I can think of, and that my daughter can think of, and that the policymakers can think of,” said Lourens Poorter, professor in functional ecology at Wageningen University in the Netherlands and lead author of the paper.

This idea of natural regeneration is frequently disregarded in favour of tree plantations, but according to Poorter, the former yields better results than restoration plantings. “Compared to planting new trees, it performs way better in terms of biodiversity, climate change mitigation and recovering nutrients.”

The takeaway message is that we don’t necessarily need to plant more trees when nature is doing it by itself, Poorter said.

For this study, more than 90 researchers from all over the world came together to analyse exactly how tropical forest regrowth takes place. They pored over data about forest recovery from three continents, 77 sites and 2,275 plots of land in the Americas and West Africa. From there, they evaluated 12 specific criteria, such as the soil, plant functioning, ecosystem structure and biodiversity, and more. They then modelled this data – without which they would have had to wait for over 100 years to see this happen in the real world – with a technique called chronosequencing, allowing them to infer long-term trends in forest recovery.

The researchers looked in particular at what happens to tropical forest land that has been used for agriculture or farming and is then abandoned after a couple of seasons. They found that the old forest portion – including some fertile soil, any residual trees, seed banks and maybe stumps that can resprout – created a nourishing, interconnected ecosystem for new forest to start to grow.

The researchers found that different aspects take, respectively, more or less time to recover to the levels of “old forest” before it was used. Soil takes an average of 10 years to recover to its previous status, plant community and animal biodiversity take 60 years, and overall biomass takes a total of 120, according to their calculations.

But overall, tropical forests can get back to roughly 78% of their old-growth status in just 20 years. “That’s tremendously fast – surprisingly fast,” Poorter said.

Of course, these are just calculations, and one of the constraints of chronosequence-based analyses is that every location analysed is assumed to have the same history and successional dynamics, said Eric Salas, a researcher in geospatial sciences at Central State University who was not involved in this study. So there can be some misinterpretation.

“But understanding how secondary forests emerge naturally on abandoned agricultural lands is critical for ensuring biodiversity conservation,” Salas said, “particularly in tropical settings, where forests have complex structure and flora and fauna species are diverse.”

The findings could be crucial for climate mitigation action in the future.

“For example, the secondary forests are like teenagers. They soak up carbon like crazy and they empty your fridge,” Poorter said. “If you look at old people, they consume very little, and it’s the same as the old growth forest.”

“What we want to advocate is: ‘Please value those secondary forests, and in areas where you can, please let those forests regrow back again naturally,” Poorter said. He mentions that a lot of the promises that have been made about planting trees in order to restore forests across the world are unrealistic. Most of the time, 30%-50% of those trees die, and they only pertain to a couple of species that cannot mimic the natural biodiversity of forests, according to Poorter.

“My plea is to use natural regrowth where you can and plant actively and restore actively where you need to. There’s a case-by-case approach, and this all depends on the local conditions and also on the local needs of the people because they live in these landscapes.”


READ MORE

 

Contribute to RSN

Follow us on facebook and twitter!

Update My Monthly Donation

PO Box 2043 / Citrus Heights, CA 95611








Thursday, November 4, 2021

RSN: Katrina vanden Heuvel | Elizabeth Warren Persisted. Now, She's Driving Change.

 


 

Reader Supported News
O4 November 21

Live on the homepage now!
Reader Supported News

 

Sen. Elizabeth Warren. (photo: Patrick Semansky/AP)
Katrina vanden Heuvel | Elizabeth Warren Persisted. Now, She's Driving Change.
Katrina vanden Heuvel, The Washington Post
vanden Heuvel writes: "As the debate rages over President Biden's social spending bill, with several long-sought progressive ideas tantalizingly close to reality, there's been little attention paid to the woman who's helped lead the push for them throughout her career: Sen. Elizabeth Warren."

As the debate rages over President Biden’s social spending bill, with several long-sought progressive ideas tantalizingly close to reality, there’s been little attention paid to the woman who’s helped lead the push for them throughout her career: Sen. Elizabeth Warren.

Warren (D-Mass.) is familiar with the history of progressive advocates being consistently dismissed until their visions become realized. At the height of her 2020 presidential campaign, she delivered a remarkable speech putting her ambitious plans in powerful perspective: “Over and over throughout our history, Americans have been told that big structural change just wasn’t possible: They should just give up. … They didn’t give up. They organized. They created a grass-roots movement. They persisted. And they changed the course of American history.”

Soon after, Warren’s groundbreaking proposals netted her only 63 of the necessary 1,991 delegates to secure the Democratic nomination. Then, she was passed over for both the vice presidency and the Cabinet.

And today, despite her tireless work for progressive priorities, she remains out of the spotlight. Yet we see the fruits of her labor in policies that have become the backbone of the Democratic platform — some of which may now become the law of the land.

During her presidential campaign, when Warren introduced her wealth tax on ultra-millionaires as a solution to widening wealth inequality and failing social services, several other Democratic candidates sharply rebuked her.

Just a couple of years later, a different story is unfolding. As Democrats seek to salvage Biden’s Build Back Better plan, a billionaires’ tax now has overwhelming support in the Democratic caucus, though with the notable — and crucial — exception of Sen. Joe Manchin III (D-W.Va.). While Manchin’s opposition means the billionaires tax may not make it into the final agreement, another idea championed by Warren will likely be a key component. That would be the “corporate minimum tax,” which would require companies with more than $1 billion dollars in revenue to pay at least 15 percent of their profits. This idea has been waiting, as economist Robert Kuttner put it, for “the right moment to rendezvous with a political need” — and the social spending bill negotiations provided it.

Warren has also been a fiercely consistent advocate for universal child care and pre-K, even before it seemed politically possible. In 2019, she proposed a plan to guarantee child care and early education for all American children — urgently necessary, as more than half of Americans live in child-care deserts. Many opposed the policy, calling it misguided and unserious.

But now, increased child-care subsidies are wildly popular, so much so that even many skeptics have finally come around. (One skeptic? Biden himself, who as a senator in the 1980s worried that child-care tax credits would subsidize “the deterioration of the family.”) Even after trillions of dollars in cuts to the social spending bill, child care has thus far been spared. Meanwhile, universal pre-K, which has been tremendously successful in cities such as New York, is a similarly uncontroversial element of the reconciliation bill. Even Manchin doesn’t want to cut it.

The trend is clear: Warren has fought ceaselessly to make progressive visions a reality — because she understands that throughout history, persistence has made change possible.

Warren delivered that campaign speech on big structural change just half a block from the site of the Triangle Shirtwaist Fire, where, in 1911, a corporation’s negligence toward its workers cost 146 lives. (That event particularly resonates in a year in which we’ve seen strikes against at least 178 employers, and Americans are demonstrating the most public support for unions since 1965.) After the 1911 fire, female factory workers across the city protested and went on strike. They were routinely ignored until one witness, Frances Perkins (then executive secretary of the New York City Consumers League), successfully pushed for labor reforms in New York state. Perkins went on to become labor secretary for President Franklin D. Roosevelt — the first woman ever to hold a U.S. Cabinet position — and the reforms she pushed for in New York became part of the blueprint for the New Deal.

“So what did one woman — one very persistent woman — backed by millions of people across the country, get done?” Warren asked. “Social Security. Unemployment insurance. Abolition of child labor. Minimum wage. The right to join a union. Even the very existence of the weekend. Big. Structural. Change.”

She’s right. Change comes from people like Perkins and Warren: those with the moral clarity and the tenacity to continue the fight for progress, through losses and long odds — until that “right moment to rendezvous with a political need” finally arrives. And for her efforts, Warren hasn’t gotten the credit she deserves.

READ MORE



Facing Months in Prison, Indigenous Activist Goes to Trial for Protesting Trump's WallAmber Ortega, a Hia Ced O'odham and Tohono O'odham activist poses for a portrait in the Organ Pipe Cactus National Monument on Nov. 9, 2019. (photo: Kitra Cahana/MAPS)

Facing Months in Prison, Indigenous Activist Goes to Trial for Protesting Trump's Wall
Ryan Devereaux, The Intercept
Devereaux writes: "Amber Ortega was arrested for blocking construction on sacred lands in southern Arizona. She now faces trial in Tucson."

Amber Ortega was arrested for blocking construction on sacred lands in southern Arizona. She now faces trial in Tucson.

Fourteen months have passed since Amber Ortega, a 35-year-old member of the Hia Ced O’odham tribe, was arrested for blocking border wall construction that threatened a sacred desert oasis in southern Arizona. Ortega was taken into custody along with Nellie Jo David, another Hia Ced O’odham woman, at Quitobaquito Springs, a world-famous ecosystem on the southern edge of the Organ Pipe Cactus National Monument that has been a center of cultural and spiritual tradition for the O’odham for thousands of years.

Under President Donald Trump, government contractors rumbled across Organ Pipe’s pristine desert habit in multi-ton vehicles, pumped hundreds of thousands of gallons of water from the aquifer that sustains the springs, and blew apart sections of a nearby burial ground with powerful explosives to make way for the wall. In September 2020, Ortega and David were praying at the springs when they encountered one of the construction crews. The pair sat on the crew’s vehicles and told them they were not welcome. Tactical teams of Border Patrol agents and park police were called in, and Ortega and David were arrested.

For a low-level misdemeanor usually handled with a trespassing ticket, the two women were strip-searched, shackled, and driven to a for-profit jail 130 miles away, where they were held incommunicado, without access to a lawyer, for nearly 24 hours. Early on in her case, a court-appointed lawyer told Ortega that efforts to fight her charges, which carry a maximum six-month sentence, were likely to fail. Ortega is no longer working with the attorney. While she could understand where the lawyer was coming from, for her, not fighting was not an option.

“I wanted to move forward with it to bring awareness to the oppression that we as Native people, as O’odham, have endured. We have been denied our voice,” Ortega told The Intercept. “We’ve had our rights and access to lands, to sacred sites, taken by the United States government, and this has been happening since colonization.”

On Thursday, Ortega will enter a plea of not guilty in her case and make an argument to a Tucson court that the actions she was arrested for were rooted in deeply held spiritual beliefs. Ortega’s new lawyer, Tucson-based civil rights attorney Paul Gattone, believes they have strong case. “She is a young Native American woman who has strongly held beliefs, religious, and cultural beliefs — that’s why she was out there,” Gattone told The Intercept. “Because of those cultural and religious beliefs, she felt compelled to take action, and that’s what she did.”

The trial marks the first instance of the Biden administration continuing a Trump-era prosecution of a borderlands advocate in Arizona, and the second time in recent years in which an activist in the state has mounted a religious freedom defense in response to high-profile charges linked to the government’s border security apparatus. Humanitarian worker Scott Warren, whom the Trump administration accused of human smuggling for providing aid to migrants in the desert, made a successful religious freedom defense against two attempted federal prosecutions in 2019. Brought by the National Park Service, Ortega’s case has the Department of Interior prosecuting Ortega for attempting to halt the very same construction that the agency’s own top official, and first Native American secretary, Deb Haaland, spoke out about as a member of Congress.

Though President Joe Biden vowed that “not be another foot of wall” would be built under his administration, his record on Trump’s signature ambition has been mixed. In South Texas, new sections of wall are being built; in Arizona, the Justice Department is locked in a legal battle with the state attorney general, who argues that by halting wall construction in the state, the president is pursuing a project of “population augmentation” aimed at flooding the country with foreigners. In a recent Senate confirmation hearing, Biden’s pick for commissioner of Customs and Border Protection, Tucson Police Chief Chris Magnus, said he would support expanded wall construction along some areas of the border. The Senate Finance Committee will vote on Magnus’s nomination today.

At the core of Ortega’s decision to fight the case is what she describes as a “scary spiritual battle” against cultural erasure. With the 1854 Gadsden Purchase and the drawing of the modern U.S.-Mexico divide, the O’odham, which means “people” and includes multiple tribes, saw their physical world cleaved in two. In more recent years, O’odham lands in southern Arizona have been made the site of an unprecedented explosion in border militarization. While they contended with the ramped-up surveillance and law enforcement, the Hia Ced O’odham, the smallest of the O’odham tribes, waged a three-decade struggle to obtain formal recognition of their existence from the wider tribal system. Those efforts paid off in 2013, with Hia Ced O’odham officially joining Tohono O’odham Nation, though Ortega contends that the federal government’s continued treatment of O’odham lands as a war zone in need of fortification represents another failure see the Hia Ced as a people.

For thousands of years, the rare Sonoran Desert aquifer that feeds Quitobaquito Springs has provided the only source of fresh water for hundreds of miles around, making it a vital source of life and refuge for plants, animals, and people in the region. To mix concrete for the wall and spray down the dirt roads used by Trump’s construction crews, government contractors tapped into the aquifer and withdrew hundreds of thousands of gallons of water. In July 2020, just two months before Ortega and David’s arrest, National Geographic reported that in a span of just a few months, the flow of water into the springs had dropped by 30 percent, leading to the lowest water level in more than a decade. It is doubtful that the oasis will ever fully recover.

“It’s been disturbing, but we need to speak on these things because it’s our voices and our people. It’s our unity that we’re fighting for,” Ortega said. “It’s not just me. I’m not going through this by myself. I’m going through this with my people. This is generational. This is the memory of our ancestors. It’s our history. It’s our way of life.”

The road to this week’s trial has been immensely difficult for both Ortega and David. In interviews with The Intercept, the two women described how the traumatic events that accompanied their arrests stretched out for months. The arrest itself had already “felt like an extremely unsafe situation,” Ortega said. With armed men of the U.S. government asserting their authority over the land and the Native American women standing before them, the moment was fraught with dark historical overtones. In a video from the scene, Ortega could be heard imploring the agents to take their weapons away.

“This is something that we, as O’odham, we’re familiar with. They do these things,” Ortega said. “The bigger story is we’re a traumatized generation and have been living these traumas.”

During their detention at the Florence Correctional Center, a medium-security federal facility owned and operated by the private prison corporation CoreCivic, Ortega and David, 38, were initially housed in an area reserved for men, without being told what charges they were facing or how long they would be locked up. “It was like they wanted to make a show of us. They knew we were women,” Ortega said. “They walked us into a men’s area, led us into our own cage, surrounded by men, and when Nellie asked to use the restroom, he said, ‘Oh, you’re women.’ And so then he let us out.” CoreCivic denied the claim.

Once released, the pair was placed under the strict supervision of the pretrial services office of the District Court of Arizona. For their refusal to leave land that the O’odham have tread since before the United States existed, the government ordered the women to submit to at-will home inspections, repeated urine sample testing, and strict prohibitions on travel. If they failed to consent, the government could issue warrants for their arrest.

Early on, David said, she made a request to visit Puerto Peñasco, a Mexican city on the Sea of Cortez where her family members are from, to pray and collect her thoughts. “I really wanted to go to the ocean, near the Pinacates, and just pray there,” she said. “I felt like that would just do so much, because so much had been desecrated.” The government denied the request. According to David, the situation got worse from there. “This whole year they’ve treated my body as if it’s their property,” she said. “Like what we did made my body available to them 24/7, and I have not been OK with that.”

The restrictions on movement, the constant check-ins, the repeated demands for her urine, and the threat that any failure to comply would result in the total negation of her freedom have felt to David like a new and intensified extension of the border surveillance that has shaped so much of the modern O’odham experience. “We’ve lived our entire lives under this heavy surveillance,” she said. “They were using our trauma against us.” David left law school to manage the continual demands of the court, but it was not enough. The pressure from the case began to take a serious toll on her mental health, triggering painful memories and unsettling reflections on the historical relationship between Native American women and the U.S. government. “I definitely needed mental help,” David said. “I was talking to everybody I know about it.”

Early on, Ortega and David were told to expect to go to trial in a couple months. That didn’t happen. “That’s how they eventually wore me down,” David said. In June, she pleaded guilty to her charges stemming from the 2020 arrest. She was fined $200.

Ortega, who decided to press on, described being similarly scarred by her experience with the government’s pretrial surveillance apparatus. “I shake when I call them,” she said. “I know I’m not doing anything wrong, but I literally shake.”

In the past year, Ortega has been pulled over several times by various government agencies while running errands and visiting family on the O’odham reservation. She has no doubt that the encounters are related to her activism. The stops in her home village are particularly disturbing. “I grew up in the village,” Ortega said. “They know who I am.”

The pressure resulting from her case became so intense that Ortega, too, took a semester off school to cope. “There was a point where it felt like every single move, every single week, there they were in some way: on the phone requesting a home visit, a UA sample, an in-office visit,” she said. “There was one thing after another.”

Often, in video calls with her pretrial service officer, Ortega was ordered to provide a guided tour of her living space. She saw her ability to participate in tribal ceremonies strangled by the government’s intrusion of her day-to-day life. “It was like I needed to be at a job and prove it and clock in,” she said. With her trial approaching, the memories of her arrest and what the moment meant has lingered in Ortega’s mind. “The day I was arrested, it was a reminder of what has already been done,” she said. “The displacement. The removals. It was hurtful to go through that, to understand the history, and then to go through that.”

“Generational trauma exists, and it’s not OK,” Ortega said. “We’re good people. We’re humble people. We get angry too, though. And we get hurt.”


READ MORE



Israeli iPhone Hacking Spyware Company NSO Group Placed on US BlacklistThe US said it had 'reasonable cause to believe ... [NSO] has been involved in activities contrary to the foreign policy and national security interests of the US.' (photo: iStock)

Israeli iPhone Hacking Spyware Company NSO Group Placed on US Blacklist
Stephanie Kirchgaessner, Guardian UK
Kirchgaessner writes: "Decision against company at heart of Pegasus project reflects deep concern about impact of spyware on US national security interests."

Decision against company at heart of Pegasus project reflects deep concern about impact of spyware on US national security interests


NSO Group has been placed on a US blacklist by the Biden administration after it determined the Israeli spyware maker has acted “contrary to the foreign policy and national security interests of the US”.

The finding by the commerce department represents a major blow to the Israeli company and reveals a deep undercurrent of concern by the US about the impact of spyware on national security.

The company’s signature spyware – known as Pegasus – is alleged to have been deployed by foreign governments against dissidents, journalists, diplomats and members of the clergy, with several alleged victims in the UK. Its clients have included Saudi Arabia, the United Arab Emirates, Hungary and India.

The new designation – which places NSO in the company of hackers from China and Russia – comes three months after a consortium of journalists working with the French non-profit group Forbidden Stories, revealed multiple cases of journalists and activists who were hacked by foreign governments using the spyware, including American citizens.

The Guardian and other members of the consortium also revealed that the mobile numbers of Emmanuel Macron, the French president, and nearly his entire cabinet were contained on a leaked list of individuals who were selected as possible targets of surveillance.

“Today’s action is a part of the Biden-Harris administration’s efforts to put human rights at the center of US foreign policy, including by working to stem the proliferation of digital tools used for repression,” the commerce department said in a statement.

The commerce department said it included NSO – as well as three other companies – on the so-called “entity list” because it had “reasonable cause to believe, based on specific and articulated facts, that the entity has been involved, or is involved, or poses a significant risk of being or becoming involved in activities that are contrary to the national security or foreign policy interests of the United States”.

In effect, it means that NSO will be barred from buying parts and components from US companies without a special licence. It also puts a cloud over the sale of the company’s software globally, including in the US.

The commerce department said that “investigative information” had shown NSO and another Israeli surveillance company called Candiru had developed and supplied spyware to foreign governments that used this tool to “maliciously target government officials, journalists, businesspeople, activists, academics, and embassy workers”.

NSO has said that its spyware is used by foreign government clients to target serious criminals. It has denied that any of its clients ever targeted Macron or any French government officials.

But in the weeks that followed the publication of the Pegasus project, Israeli officials met with counterparts in the US and France to discuss allegations of abuse of the technology.

Israel has long claimed it maintains robust oversight over any weapon sales to foreign governments. But following the publication of the Pegasus Project this summer and its diplomatic fallout, Israeli officials – both in public and private – have appeared to distance the government from private weapons companies.

Yair Lapid, the country’s foreign minister, said in September that the government had only limited control on how defence exports are used. He added: “We are going to look at this again.”

When Pegasus – NSO’s signature spyware – is deployed, it can intercept phone conversations and texts, as well as photographs and any other material on a phone. It can also turn a phone into a listening device.

An NSO spokesperson said: “NSO Group is dismayed by the decision given that our technologies support US national security interests and policies by preventing terrorism and crime, and thus we will advocate for this decision to be reversed.

“We look forward to presenting the full information regarding how we have the world’s most rigorous compliance and human rights programs that are based on the American values we deeply share, which already resulted in multiple terminations of contacts with government agencies that misused our products.”

A spokesperson for the Israeli embassy in London did not immediately return a request for comment.

The Biden administration’s move represents a victory for researchers at Citizen Lab and Amnesty International, who have documented multiple cases of alleged human rights abuses using spyware dating back to 2016. The research has been heavily criticised by NSO but the Biden administration’s decision has, in effect, vouched for the researchers’ findings.

“With this move, the US government has acknowledged what Amnesty and other activists have been saying for years: NSO Group’s spyware is a tool of repression which has been used around the world to violate human rights,” said Danna Ingleton, deputy director of Amnesty Tech. “This decision sends a strong message to NSO Group that it can no longer profit from human rights abuses without repercussions.”

It also marks a step forward for US technology companies such as WhatsApp and Microsoft, who have said spyware made by NSO threatens the safety of their users.

WhatsApp, which is suing NSO in a US court following allegations that the technology was used to target 1,400 of its users in 2019, said the administration’s decision was “an important step in protecting people’s private communication and personal safety”.

“We’re grateful to see the US government stand up for human rights and hope to see more nations act to protect people’s ability to have private conversations online,” said a WhatsApp spokesperson, Carl Woog. NSO has denied it was responsible for attacks on WhatsApp users and is seeking to have the matter dismissed.

There was no immediate indication that the UK would follow the US in condemning NSO.

READ MORE



Nearly All-White Jury Picked for Trial in Ahmaud Arbery's Killing, Over Prosecution's ProtestsPeople participate in a protest demanding justice for Ahmaud Arbery in Brunswick, Georgia, on last month. (photo: Octavio Jones/Reuters)

Nearly All-White Jury Picked for Trial in Ahmaud Arbery's Killing, Over Prosecution's Protests
Margaret Coker and Hannah Knowles, The Washington Post
Excerpt: "An overwhelmingly White jury will weigh murder charges in the killing of Ahmaud Arbery after the defense struck 11 out of 12 Black people from the final pool for a nationally watched case in which race looms large."

An overwhelmingly White jury will weigh murder charges in the killing of Ahmaud Arbery after the defense struck 11 out of 12 Black people from the final pool for a nationally watched case in which race looms large.

Prosecutors alleged racial discrimination Wednesday in jury selection, formally challenging eight of the defense picks. But the judge rejected the prosecutors’ argument, saying the defense gave sufficient reasons other than race for their choices.

Black people made up a quarter of the finalist jurors; the jury ultimately included one Black man and 11 White people.

The clash came in the final hours of the more than two-week-long jury-selection process in the trial of three White men accused of racially profiling a Black jogger in February 2020. Arbery was chased by the men in trucks and fatally shot in the coastal community of Satilla Shores near Brunswick. The case — which went months without arrests before a leaked video kindled national outrage — helped fuel historic racial justice protests ignited by the murder of George Floyd in Minneapolis.

Gregory McMichael, his son Travis McMichael and their neighbor William “Roddie” Bryan have pleaded not guilty to charges including murder, aggravated assault and false imprisonment. They also face federal hate crime charges for which another trial is set next year.

The defendants argue they had valid grounds to carry out a “citizen’s arrest” after suspecting Arbery of neighborhood break-ins. Travis McMichael has said he shot Arbery in self-defense. The video at the center of the case, filmed by Bryan, shows Arbery running past the McMichaels’ truck and then toward Travis McMichael, with whom he struggles as shots are fired.

The jury will return to court Friday morning.

Defense lawyers said Wednesday that they struck the Black potential jurors for reasons other than their race. One knew Arbery and shared a desire to “keep his name alive,” they said. Another came to court believing Arbery was “hunted” and “killed like an animal.” Yet another seemed promising at first, they said, but was about to get married to a woman who had expressed support for Arbery on her Facebook page, using the rallying cry “I Run with Maud.”

The prosecution countered that many jurors arrived at the Brunswick courthouse with feelings about the case, which has drawn worldwide media coverage and strikes at issues that may be deeply personal for those called in. Yet they were kept in the running because they said they could still consider the case fairly.

One thousand people were summoned for potential service last month, an early sign of how challenging it could be to pick a jury from the small community in which both Arbery and the defendants lived. Questioning of potential jurors stretched more than two weeks as person after person was dismissed, many after saying they did not believe they could be impartial. Some worried about backlash for whatever verdict they might deliver.

The defense has argued that Arbery’s race has no bearing on the case, and attorneys sought to convince the judge Wednesday that the stricken jurors’ race, too, was incidental.

“Most of the jury selection in this case … is the epitome of the lesser of two evils,” said Laura Hogue, a lawyer for Gregory McMichael. “We are stuck between a rock and hard place given the fact that the majority of the African American jurors that came in here were struck for cause immediately because of their firm opinions.”

Hogue said the defense had good reason to strike Black prospective jurors with strong feelings, even those who said they could set their opinions aside. “Would you want that juror judging you in this case? … The answer is a resounding ‘No.'”

The defense also struck some White potential jurors, while prosecutors used all of their strikes on White jurors.

Ben Crump, an attorney for Arbery’s family, said in a statement Thursday that the jury should reflect the broader community and called the exclusion of Black jurors "a cynical effort to help these cold-blooded killers escape justice.”

Many potential jurors were previously removed from the pool “for cause,” because they were deemed not qualified or had obligations that would interfere with their service. Lawyers were then given a limited number of “peremptory strikes,” for which they need not give a reason.

When a strike is challenged as racially motivated, however, lawyers must give a “race-neutral” justification for their choice.

Those reasons are “pretty easy to find,” said Ashleigh Merchant, a Georgia attorney who has been following the case and knows lawyers on both sides.

Upholding the defense’s strikes, Judge Timothy Walmsley echoed that the court cannot reseat jurors because of a racial imbalance. The strike prevails if lawyers can give a reasonably specific and relevant explanation.

As Cobb County prosecutor Linda Dunikoski said that the defense’s stated reasons for excluding Black potential jurors were not “genuine,” courtroom discussions grew heated. Kevin Gough, an attorney for Bryan, called the prosecution’s arguments “Kafkaesque” and declared, “I feel like I’m in the Twilight Zone.”

“In what free country would a juror who went on a bike ride to raise money for the opposing side’s legal team … the defendant could not strike them for that reason, and that reason alone?” he said.

Defense lawyers noted that some of the people they used peremptory strikes on were ones they had unsuccessfully tried to remove “for cause” earlier.

“This case is important for a lot of reasons to a lot of people,” said Bob Rubin, an attorney for Travis McMichael. “And I think it is incumbent upon all of us … [not to] ascribe inappropriate or bad motives until you know the facts.”

The strikes mean the jury weighing Arbery’s killing will be markedly less diverse than the one that earlier this year convicted former Minneapolis police officer Derek Chauvin in the murder of Floyd, who was Black. Chauvin, who is White, knelt on Floyd’s neck for more than nine minutes in a scene also captured in viral video.

More than 300 potential jurors for the Chauvin case were whittled to a final group of 12 that included one Black woman, two multiracial women and three Black men. Minneapolis is about 19 percent Black and 64 percent White.

Glynn County, where the jury in Arbery’s killing was drawn, is about 27 percent Black and nearly 70 percent White, according to census data.

The jury selection process kicked off last month with prosecutors and defense attorneys sparring over what questions should be used to screen each panel of prospective jurors. They were especially divided over questions probing people’s views on race.

Candidates were ultimately queried on issues such as their participation in “social justice demonstrations,” their support for Black Lives Matter, their personal histories with racial discrimination and whether they found an old Georgia flag — featuring the Confederate battle emblem — to be a “racist” symbol.

While lawyers disclosed the racial breakdown for the jury of 12, it was not clear Wednesday who exactly was picked as a jury member and who was selected as one of four alternates out of 16 people told to return to court.


READ MORE


Beto O'Rourke Tied With Greg Abbott in 2022 Texas Governor's RaceRep. Beto O'Rourke. (photo: Chip Somodevilla/Getty)

Beto O'Rourke Tied With Greg Abbott in 2022 Texas Governor's Race
Jason Whitely, KHOU 11
Whitely writes: "If Beto O'Rourke decides to run for governor in 2022, a new poll shows the former congressman is within the margin of error and virtually tied with the incumbent, Greg Abbott."

“Abbott’s shift to the hard right may have imperiled his governorship,” said Jason Villalba, president of the Texas Hispanic Policy Foundation.

If Beto O’Rourke decides to run for governor in 2022, a new poll shows the former congressman is within the margin of error and virtually tied with the incumbent, Greg Abbott.

Abbott currently leads with 44% of support to O’Rourke’s 43-percent, among voters who actually cast ballots in 2020. Ten percent of those polled are currently undecided who they would choose for governor.

The Texas Hispanic Policy Foundation and Rice University’s Baker Institute conducted the survey of 1,402 voters at the end of October. It has a margin of error of 2.6%.

The race is virtually unchanged, the pollsters said, even if actor Matthew McConaughey appears on the ballot as an independent candidate.

“Governor Abbott has shored up his right flank and stands firmly on solid ground with Republican primary voters,” said Jason Villalba, Chairman and CEO of the TxHPF. “But based on our data, it appears that he has achieved this objective by cutting deeply into his support with Texans who vote in the general election. These numbers show that not only can we expect a competitive general election, but that Abbott’s shift to the hard right may have imperiled his governorship.”

For years, Abbott polled among the most popular elected officials in Texas. But since COVID-19, that support has eroded as the governor has turned away from the middle and farther to the right.

As Abbott seeks a third term, he has, for the first time, drawn three Republican challengers, former state Senator Don Huffines, the former chairman of the Republican Party of Texas, Lt. Col. Allen West, and radio host Chad Prather.

But this survey shows Abbott with an overwhelming lead against them in the primary. Abbott is ahead of his conservative opponents with 64% of support. His next closest rival is Allen West, with 13%.

Plus, Abbott has $55-million cash on hand, an enormous amount to sustain his campaign through the primary and general elections.

Beto O’Rourke, a former Congressman from El Paso, came within two percentage points of defeating Ted Cruz for a U.S. Senate seat in 2018. O’Rourke has not announced his candidacy for governor, though many Democrats expect he will run.

“The poll found that 49% of Hispanic respondents favor O’Rourke and 31-percent favor Abbott. Hispanics who are evangelical Protestants are more likely to vote for Abbott (42%) than O’Rourke (37%), while Catholic Hispanics and non-religious Hispanics overwhelmingly favor O’Rourke (56% and 46%) over Abbott (29% and 28%),” according to both groups.

Race for Attorney General

In another notable race, this survey shows Texas Attorney General Ken Paxton has an overwhelming lead in his race for re-election. Paxton faces three Republican opponents in the primary, Texas Land Commissioner George P. Bush, former Texas Supreme Court Justice Eva Guzman, and state Rep. Matt Krause, R-Fort Worth.

The poll shows that Paxton might survive the Republican primary without even facing a run-off election. Paxton has 54% support from likely Republican primary voters. Bush is the next closest candidate with 18%. Guzman and Krause poll in the single digits.

Among Democrats, no candidate commands a strong lead in the primary races for lieutenant governor and attorney general. More than half of likely primary voters said they do not yet know whom they support.

“Abbott and Paxton are showing a great deal of strength heading into the Republican primary,” said TxHPF Director of Research and Analytics Mark P. Jones of Rice University. “So far, no Republican challenger to an incumbent statewide official appears to be gaining any traction.”

READ MORE


Air Force Inspector General Calls US Strike That Killed 7 Children in Afghanistan 'An Honest Mistake'Relatives and neighbors of the Ahmadi family gathered around the incinerated husk of a vehicle targeted and hit earlier Sunday afternoon by an American drone strike, in Kabul, Afghanistan, Monday, Aug. 30, 2021. (photo: Marcus Yam/LA Times)

Air Force Inspector General Calls US Strike That Killed 7 Children in Afghanistan 'An Honest Mistake'
Tom Vanden Brook, USA TODAY
Vanden Brook writes: "The Pentagon has determined its procedures failed to prevent the botched drone strike that killed 10 people in Kabul in August during the chaotic U.S. withdrawal from Afghanistan."

The Pentagon has determined its procedures failed to prevent the botched drone strike that killed 10 people in Kabul in August during the chaotic U.S. withdrawal from Afghanistan.

But the strike did not break any laws, said Air Force Lt. Gen. Sami Said, the service's inspector general, who led the Pentagon's investigation. He described the tragedy as "an honest mistake."

No single person was responsible for the flawed decisions that led to the airstrike, Said said. His report, which is classified, has been forwarded to commanders who have the authority to discipline those involved, including firing some of them. The officials who authorized the strike, who were located at a military base in Qatar, believed they were "targeting an imminent threat," Said said.

"The assessment which was primarily driven by interpretation of intelligence and observed movement of the vehicle and occupants over an 8-hour period was regrettably inaccurate," according to a summary of the report. "In fact, the vehicle, its occupant and contents did not pose any risk to U.S. forces."

Ten people, including seven children, died in the attack by a Hellfire missile fired by a Reaper drone on Aug. 29. The missile strike came days after terrorists of a self-proclaimed affiliate of the Islamic State called ISIS-K killed 13 U.S. troops and 170 Afghan civilians outside Hamid Karzai International Airport.

Military officials initially announced that the strike had killed at least one suspected suicide bomber from ISIS-K and no civilians. Army Gen. Mark Milley, chairman of the Joint Chiefs of Staff, labeled the attack “righteous.” But accounts from the site by news media, including The New York Times, showed that civilians, not terrorists, had been killed.

The tragic error underscores the hazard of the Pentagon's approach to counterterrorism strikes when no U.S. troops or close allies are on the ground to identify legitimate targets. Military officials refer to the long-distance strikes as "over the horizon," meaning the attacks are informed by spy planes, satellites and intercepted communications.

Said, however, said the botched strike was unlike other "over the horizon" attacks because it was launched relatively quickly and in perceived self-defense. Other counterterrorism strikes have far more time to examine evidence before attacking, Said said.

Investigators interviewed 29 people, 22 of whom were directly involved in the strike, Said said.

The report recommends those involved in developing targets and ordering strikes implement procedures to mitigate confirmation bias, better share information and assess the presence of civilians.

The Pentagon has been exploring ways to compensate family members of the victims.

Hundreds of civilians have been killed in U.S. airstrikes in recent years from Africa to Afghanistan, according to Pentagon figures. The Pentagon paid out $259,899 during fiscal year 2020 and $858,240 in 2019 to compensate families of those killed, according to the Defense Department.


READ MORE


More Than 100 Countries Agree: It's Time to End DeforestationTrees are cut down for timber, waiting to be transported and sold. (photo: Esemelwe)

More Than 100 Countries Agree: It's Time to End Deforestation
Mark Armao, Grist
Armao writes: "Leaders from more than 100 countries pledged to halt deforestation by 2030, as part of an agreement inked Tuesday at COP26, the United Nations climate summit taking place in Glasgow, Scotland."

Together they represent more than 85 percent of the world's forests

Leaders from more than 100 countries pledged to halt deforestation by 2030, as part of an agreement inked Tuesday at COP26, the United Nations climate summit taking place in Glasgow, Scotland.

The U.S., Brazil, and Russia were among the nations that signed the agreement, which is backed by more than $19 billion in public and private funding. Representing more than 85 percent of the world’s forests, the signatories committed to protecting and restoring forests while promoting sustainable land-use and agricultural practices.

Combating deforestation is seen as a crucial step in limiting the impacts of climate change, as the world’s forests absorb roughly one-third of carbon emissions annually. Agriculture, forestry and other land uses account for nearly a quarter of global greenhouse-gas emissions, according to the U.N. Intergovernmental Panel on Climate Change.

“These great teeming ecosystems — these cathedrals of nature — are the lungs of our planet,” said British Prime Minister Boris Johnson in a press release announcing the agreement. “Forests support communities, livelihoods and food supply and absorb the carbon we pump into the atmosphere. They are essential to our very survival.”

In addition to $7.2 billion in private-sector funding, a dozen countries pledged $12 billion to support activities in developing countries such as restoring damaged land, reducing wildfire risk, and supporting Indigenous people and local communities in their efforts to protect their forests.

A group of government and private funders agreed to contribute $1.7 billion to Indigenous communities and organizations, which, according to a study published earlier this year, received less than 1 percent of international funding for climate mitigation and adaptation during the past decade.

In an email to Grist, Wayne Walker, carbon program director at Woodwell Climate Research Center, emphasized the importance of engaging Indigenous communities in efforts to solve the “linked global crises” of forest loss and climate change.

“Bolstering Indigenous land rights and providing communities with much-needed tools and information will continue to be among the most effective approaches we have to addressing these acute global threats,” Walker said.

On Monday, 28 governments announced a plan to rein in agricultural practices that threaten forests, such as the deforestation linked to large-scale oil palm and soybean farms.

Environmental groups were largely supportive of the stated goals of the agreements, though many questioned whether the deforestation targets were realistic and enforceable—while others wondered why they aren’t more ambitious.

“We’re facing a climate emergency so giving ourselves another 10 years to address this problem doesn’t quite seem consistent with that,” Nigel Sizer, former president of the Rainforest Alliance, told BBC News.

Skeptics cited a similar plan adopted in 2014, which sought to halve global deforestation by 2020 and end it by 2030. A later report found that there was “little evidence” the signatories were on track to meet those targets.

Notably absent from that plan was a commitment from Brazil, home to the planet’s largest rainforest, where deforestation has accelerated in recent years. The South American nation was among the signatories of Monday’s agreement, as were multiple Central African nations encompassing the Congo Basin forests, which make up the world’s second-largest tropical rainforest region. Eleven countries, along with the Bezos Earth Fund, agreed to contribute roughly $1.5 billion toward deforestation and restoration efforts in the Congo Basin region.



READ MORE

 

Contribute to RSN

Follow us on facebook and twitter!

Update My Monthly Donation

PO Box 2043 / Citrus Heights, CA 95611







"Look Me In The Eye" | Lucas Kunce for Missouri

  Help Lucas Kunce defeat Josh Hawley in November: https://LucasKunce.com/chip-in/ Josh Hawley has been a proud leader in the fight to ...