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Showing posts with label NINA TURNER. Show all posts
Showing posts with label NINA TURNER. Show all posts

Sunday, February 13, 2022

Good and bad news:

 

We’ve got some good news and some bad news for you today:

Good news first: Since we launched our campaign just a few weeks ago, thousands of people have made a contribution to send Nina Turner to Congress. When we say our campaign is powered by people, not corporate PACs, this is what we mean.

But now for the bad news: Corporate interests are not going to give up without a fight, because they want to keep this seat for themselves. In fact, immediately after Nina announced her campaign, a Republican-funded Super PAC started raising money to stop us.

If we're going to win this thing – and we will – we will need to have the financial resources to take on Wall Street, the insurance companies, the drug companies, and the fossil fuel industry.

And that means we have to ask:

Can you please make a contribution to our 100% people-powered campaign? If we stand together, we can fight back against the corporate interests trying to hold this seat for themselves, but it’s ONLY going to work if we all get involved.

Our campaign is powered by working people chipping in small amounts when they can afford to give, because they know how important it is to win this election and send Nina Turner to Congress.

Thank you for being a part of it.

With these hands,

Nina Turner for Us

Paid for by Nina Turner for Us

Nina Turner for Us
PO Box 91956
Cleveland, OH 44101
United States








Saturday, February 12, 2022

Show me your donors and I’ll show you who you’ll fight for in Washington.

 

Hello!

I’ve often said: Show me your donors, and I’ll show you who you’ll fight for in Washington. So when folks ask me why I’m running for Congress, I point them to the very people backing this campaign.

I’m proud that since we launched this campaign, the most common occupations for our donors are teachers and nurses. And the most common employer is the USPS.

I’m in this fight for working people, not the millionaires and billionaires rigging the system against the rest of us.

But when you look at who’s funding our opposition, you’ll see exactly the people we’re committed to fighting against: big pharma reps, student loan servicers, Republican billionaires, corporate PACs, the works!

Sadly, I can’t say I’m surprised. When you’re running to take on the status quo and make the wealthy finally pay their fair share, the establishment is going to fight back – and fight back hard.

As long as we stand together, there is no doubt in my mind that we are going to win. But it does mean that I have to ask. Can I count on you to make your FIRST donation to our campaign today?


I can’t tell you how proud I was to hear that teachers and nurses are two groups helping lead our movement to Congress. When it comes to reaching the goals that we set out to accomplish, nobody knows the value of an accessible and quality education, or the desperate need for Medicare For All, better than our teachers and nurses.

But the truth is, in order to win this race, we will need to have the financial resources to take on Wall Street, the insurance companies, the drug companies, and the fossil fuel industry.

And the ONLY way that’s going to happen is if ALL of us step up and get involved.

Please make a contribution to stand with our campaign today. We’re running a 100% people-powered campaign, so every donation makes a BIG difference.

A single contribution can be so powerful in a race like ours — especially when thousands of others join in at the same time. That’s how we’ll stand up to big money. And that is how we’ll win.

With these hands,

Nina Turner





 
Paid for by Nina Turner for Us

Nina Turner for Us
PO Box 91956
Cleveland, OH 44101
United States





Friday, February 4, 2022

an explanation

 

Hello!

In just a moment, we’re going to ask you to make a donation to our campaign to send Nina Turner to Congress. But first, will you give us a chance to explain why your support is so important?

We’re building this movement brick by brick. One volunteer, one donation, and one vote at a time. Every single one of them matters.

Nobody is taken for granted. Period. Because that is what you deserve from your elected officials — not someone who sells their vote to the highest bidder.

This is how we will win and pass Medicare for All, enact a Green New Deal, eliminate ALL medical and student loan debt, secure a living wage of at least $15 an hour, and so, so much more.

But it is going to take all of us doing the work together. The only way we’re going to defeat the corrupt corporations that want to stop our movement is if people like you chip in to help us fight back.

Will you please consider making a $10 donation to our campaign to send Nina Turner to Congress? This campaign is 100% people powered, so your support today is even more important.

DONATE

With these hands,

Team Nina Turner




 
Paid for by Nina Turner for Us

Nina Turner for Us
PO Box 91956
Cleveland, OH 44101
United States




Friday, January 28, 2022

RSN: FOCUS | Nina Turner: The Democratic Establishment Is Trying to Snuff Out People Like Me and Senator Sanders

 

 

Reader Supported News
28 January 22

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Nina Turner speaks at a campaign stop on July 24, 2021, in Cleveland, Ohio, during her last congressional campaign. (photo: Jeff Swensen/Getty)
FOCUS | Nina Turner: The Democratic Establishment Is Trying to Snuff Out People Like Me and Senator Sanders
Micah Uetricht, Jacobin
Uetricht writes: "This week, Nina Turner announced a second run for Congress in Ohio's 11th District."

This week, Nina Turner announced a second run for Congress in Ohio’s 11th District. She spoke with Jacobin about fighting pro-corporate Democrats, frustrations with the Biden administration, and why “evil never sleeps, so good can never take a vacation.”

Few faces — and voices — on the campaign trail with Senator Bernie Sanders were as memorable as Nina Turner’s. She was one of Sanders’s most visible surrogates, served as a 2020 campaign cochair, and was a frequent speaker at Bernie events. The former Ohio state senator has now announced a run for Congress, in Ohio’s Eleventh District. It’s Turner’s second run for the seat, having lost to Shontel Brown in an August 2021 special election. (“Establishment prevails,” Politico wrote in its headline covering the outcome.)

Turner spoke with Jacobin deputy editor Micah Uetricht about her race, the state of the Democratic Party and the Joe Biden administration, the need to avoid political despair, and why progressive politicians have to take their ideas “to the people.” The conversation has been edited for length and clarity. You can also watch the interview at our YouTube channel here.

MU: You’ve recently launched a campaign for Congress in Ohio’s Eleventh District. You ran for this seat recently in a special election and lost. What’s different about the campaign this time around?

NT: The concerns and the needs, the challenges and the opportunities are still the same. That is why I am running this race again. I ran in a special election in 2021. This 2022 election is the natural life cycle for this seat. I’m running because of the great needs in my district and in greater Cleveland. Cleveland is the poorest city of its size. People are suffering.

There’s a difference between voting the right way and fighting for something, standing up for something, giving it all you’ve got, and being out there on the front lines with the people. Whether it’s standing with the members of the house of labor, which exploded last year in 2021 and into 2022 — it is a beautiful thing to see labor stand up and say, “We deserve more.” I want to see that same spirit flow out for all working people; all working people deserve more.

That’s why I’m running again — it’s the fierce urgency. To paraphrase the Reverend Dr Martin Luther King Jr, it was urgent in 2021, in 2020, in 2019, and it’s urgent right now in 2022.

People deserve to live a good life. And there are some components to that: having health care, having clean air, clean water, and clean food. We’re talking about the bare minimum things that people not only in the United States deserve, not only in the greater Cleveland district deserve, but that people all over the world deserve.

MU: You’ve spoken very freely, in the media and elsewhere, about your criticisms of the Joe Biden administration and of Democratic Party leadership generally. One year into the Biden administration, what has gone right? And what’s gone wrong?

NT: The administration’s and Congress’s response [to the pandemic] was necessary to lift the people who are suffering the most in this country, which is far too many people. That was a great start.

There is a “however” to this. In the midst of a pandemic, we should be doing a whole lot more.

I believe that the president should use executive orders as much as he can to do the right thing for the people. Canceling student debt comes to mind first. But the president could also use his executive order pen to move marijuana off of [the] Schedule One [drug list], as a matter of criminal justice.

What can the president do at this moment with the power of the executive order? As we talk right now, the Child Tax Credit has expired. It was one of the best things that the administration and Congress did, cutting childhood poverty in half. We understand that poverty is a policy choice. Why not make that credit permanent and let us cut poverty by 100 percent?

I also believe that the president should gas up the jet. He is very diplomatic with two senators in particular, Joe Manchin and Kyrsten Sinema. I don’t fault him for that. Maybe that is the way to go at first. But in the words of the immortal Dr Maya Angelou, when people show you who they are, you have to believe them.

I want to see the president of the United States stand up for what he ran on in 2020: canceling student debt up to at least $10,000. Those of us on the progressive side want it all the way, but let’s start with that $10,000. And with going ham for voting rights in this country, because that is the fundamental basis on which people get elected.

If we want to have more Democrats elected, we have to make sure that we are expanding and protecting access to the ballot box for everybody — not just people who vote Democrat. This means using the bully pulpit more, painting the vision — and also standing up for that vision.

That doesn’t just apply to the president of the United States of America; that applies to the Democratic Party, my party, which has the power. You can’t act like you are helpless when your party controls the House of Representatives, the United States Senate, and the presidency. We should act like it, and go ham on behalf of the working poor and the barely middle class.

MU: Progressives, socialists, and other Biden critics on the Left were surprised to see him come out of the gate pretty strongly on a number of issues, including some early proposals in the Build Back Better bill. As time went by, it was whittled down. And many of us were disappointed by the president’s handling of questions like Senators Manchin and Sinema.

What is your assessment of the Build Back Better process thus far? What should have been done, and what could be done going forward?

NT: It’s the least that we can do. We went from progressives wanting $10 trillion to almost nothing. We still can’t get even that. Nothing passed. It’s Build Back Better, but less. It’s another example of how the president and this Congress need to do more, especially in the face of the pandemic. I want to see it be more robust.

That being said, Senators Manchin and Sinema have shown time and time again who they really are, and that they really don’t care about changing the material conditions of the people who need it the most. We’re at a point now where the bill has to be broken up. I don’t agree with that, but let’s go ahead and call the roll. We are where we are right now. So, let’s put paid family leave on the table and see who’s going to vote it up and who’s going vote it down. That goes for Republicans, too, because we shouldn’t let them off the hook.

We have a two-party system in the United States of America. One of those parties ought to stand up for the people, and given the state of the Republican Party in the twenty-first century, it needs to be the Democrats. It needs to be my party.

I think that the president should take that out to the people, saying, “These are the folks standing in the way of an agenda that will help you, your family, and your community. And we cannot stand for it.” He should say, “There will be a consequence” — meaning a primary, in the same way that Senator Bernard Sanders is saying.

Now, some of us have been saying that for a while. You have got to let these people know that, for certain things, there has to be a consequence. Standing in the way of expanding and protecting voting rights so that you can keep a Senate rule intact — a rule that has been used to bump up against civil rights and racial justice in this country — there is something wrong with that.

Congress is elected to meet the needs of their people, period. There are some things we need to have some agreement on. The right to vote is one of those things we all should have agreement on — including the Republicans, but we know what they’re doing in legislatures all across the country. We don’t have any agreement with most Republicans right now, and we have to deal with that. Having bipartisanship for its own sake doesn’t make sense to me. When you make an offer on voting rights and the other side doesn’t want to play ball, we have to say that we’re going to battle over this.

We have to be able to critique our own party. We’ve got fifty votes and a vice president who can break a tie. As Democrats, we have to deal with the people in our own house before we start talking about the Republicans.

MU: Here’s a thought experiment: Nina Turner gets elected to Congress at the same time that Joe Biden takes office in 2021 and is in Congress as Biden assumes the presidency over the past year. As a member of Congress, what would you have done over the last year?

You’ve said that Joe Biden should “gas up the jet.” I assume you mean that he should be going to West Virginia to put pressure on Joe Manchin. What would Representative Nina Turner’s strategy have looked like over the past year?

NT: I would be gassing up the jet, gassing up the cars. At some point, you have to take it to the people. I think about President Franklin Delano Roosevelt and what he was able to do. His policy was certainly not perfect, especially when it came to race and to the African-American community in particular. But the fundamentals were really solid.

President FDR came to realize that in the midst of a crushing depression, the people’s power that he carried was not just about pushing public policy through, but also getting intimate with the American people. That fireside chat model is not old-fashioned. It never goes out of style: taking it to the people and getting them motivated and energized.

It can’t just be about the words; it has to be about the American people. “Let me tell you why I need you. This is what I’m trying to do. We’ve got two Democrats and the Republican Party, but let me deal with the people in my party first, those who have outright said that they are not going to help push this agenda.” And so, he rallies the American people in a very intimate way to his side, for the vision that he has for this country. You have got to be able to do that.

I specialize in that, being an activist, a leader. I’ve stood side by side with the house of labor. I went to Bessemer, Alabama [during the Amazon union vote]. This isn’t new to me.

At some point when the die is cast, you have to take it to the streets. That’s what my campaign is about: taking it to the streets and helping to give people something that they can feel. And a leader is certainly not expected to do all of that by themselves. The people entrust us with their power.

People who have been elected or who are elected right now must understand that this isn’t about them. This is about the people having entrusted them for a limited amount of time with their power. When their power is being misused, you have to go back to them and say, “I need your help. I want to make sure that everybody in this country has unfettered access to the ballot box, but two people are standing in the way of it.” (I believe some other folks are hiding behind Manchin and Sinema, but I digress.)

“Help me. Do you believe that voting rights should be unfettered? Yes? I need you to put some pressure on them, and for them to have a consequence. Sinema, Manchin, we’re coming for you, because obviously you’re Republicans.”

MU: This sounds like a basic commitment to doing small-d democratic politics. Yet this seems foreign to so many in the Democratic Party. Do you agree with that? If so, why is it so weird to hear somebody who is running for office say that they want to take it to the people? This should be the 101 of popular politics and policy-making.

NT: I agree. Part of the problem is the zeitgeist of people in the political bubble. A lot of these elected officials really do think it’s all about them. And many of them are disconnected from the real pain of everyday people.

Two things can be true at once. Yes, the bipartisan infrastructure bill was passed. Does it have some good elements? Absolutely, especially on the public transit side. There’s a “however” to that. When you really distill it down, the people who benefit from those kinds of big policies are the corporatists. They’re going to feel it first.

What is having a paved road when your house is in foreclosure? What is having a paved road when you can’t put food on the table? What is having a paved road when you can’t take time off when you’re sick, especially in the midst of a pandemic, because the federal government won’t push these corporations to do right by their people and won’t even pass a public policy to say that they can have paid family and medical leave?

It’s not an “either-or.” We need “and.” Some of these folks are getting high off their own supply. They think they’re more important than the whole. And some of these folks don’t give a damn. That’s the truth of it. Because in the midst of a pandemic, how can you be so heartless and not see that we need universal health care?

We cannot continue to commodify health care. How can you continue to let the pharmaceutical industry dictate prices of prescription drugs in this country, when in other industrialized nations, that is not the way it is? How can you have such callous indifference to people suffering?

The corporatist agenda of both political parties is out of step with the real needs of the American people, be they poor, working poor, or barely middle class. If you are not part of the 1 percent, or even the 5 percent — if you are not in the upper echelons, if you are not one of those 660 billionaires in this country — one thing can throw you off, even if you are at the top of the working class.

We’re all working class. Some people are at the bottom. Some people are in the middle, and some people are at the top. But if you don’t have a trust fund; if you don’t have a sugar daddy, a sugar mama, or a sugar somebody who can bail you out; if a catastrophic health incident happens to you or to somebody you love, even if you are blessed to be on the upper side of the middle class, it can wipe you out.

Why are we putting people in these kinds of situations when we can have public policy that gives everybody a true opportunity to have a good life? Some of these people don’t give a damn; we have to be honest about it.

MU: Anybody who’s ever listened to you in the media or on the campaign trail has heard your critique of the corporate nature of both parties. You usually describe it as fighting both the neofascists and the neoliberals. That includes fighting within your own party; you’re running as a Democrat.

When you do that, the party doesn’t just sit there and take it. The pro-corporate wing of the party fights back very hard. You seemed to experience that when you ran last year, and we can list off a million examples: Bernie Sanders’s campaigns, India Walton’s run for mayor of Buffalo.

How do you approach this “both-and” of being in the Democratic Party but also recognizing that the party leadership does not like you, does not like people like you, and does not want to advance a working-class agenda?

NT: They’re trying to snuff out people like me, or India, or even Senator Sanders. In 2020, with just the very thought that he was gonna run again, there were articles out there about people going to Martha’s Vineyard to plot against him, before he even announced.

Their ultimate goal is to snatch the hope from the movement itself, because they know that conscious-minded people on the move cannot be deterred, cannot be stopped. That is their ultimate goal. Now they have to target people like me, people like India Walton, Senator Sanders, and Congresswoman Cori Bush, to snatch hope away from the movement itself.

I am in this, as are many people who believe the things I do, for the larger goal here. Cleveland was a stop on the Underground Railroad. And our name was Hope, because we were the last place before the enslaved people trying to escape could get to Canada.

Hope is an absolute motivator for humankind. We thrive on it, because it is the belief that no matter how hard times are, we can get through. For me, whether I get another extra-special title or not, I am here for the long haul to continue to inspire hope. Hope is an action word. And that’s what they fear the most.

I really do believe that these corporatists would do something to their own mamas to try to stop the progressives. And we have seen example after example of that. That is why publications like Jacobin are so important. Independent media is important. We all have a role to play in being on this justice journey. It is a journey that each generation has to take up in its own time — building on what people who came before us did, building and fighting in our lifetime and setting the next play for the next generation of freedom fighters to come. We will keep this going. As long as there is evil in the world, good must continue to push back.

Good can never take a vacation. Evil never sleeps, so good can never take a vacation. We are in an epic battle for humanity. That’s what these races represent.

It goes back to this: Do we believe that people deserve to live a good life? What are the fundamental principles of living a good life? What is the social contract that we will have with one another? People can build on that foundation. That’s what those of us on the progressive left are fighting for.

MU: Many Jacobin readers are familiar with your work on the national level, but you are running in Cleveland, in Ohio’s Eleventh District. Can you tell us a little bit about what the agenda for your district would look like with you in office? What is your constituency feeling right now? What do they need?

NT: We need jobs. Cleveland is the largest poor city in the nation. People need resources. That is economic justice in all of its forms. I often talk about race and class together. We’re gonna fight together, black and white, Hispanic, Asian, everybody else in between — all of us, no matter how people identify, we rise and fall together.

That is what the labor movement is showing us. Make no mistake: there are Trumpites, Berniecrats, Clintonites, Bidenites, whatever people are calling themselves these days, Turnerites, side by side in the labor movement. At John Deere and Kellogg’s, all the people who stood up last year were saying to the powerful in these corporations that they deserved better, and that they were going to strike for better.

We are going to stand up for better. We are going to demand better. Those people put aside their political ideologies to unite based on what they have in common. That is what I am standing up for. That is what my district needs. In the greater Cleveland area, we have lead concerns, job concerns, and quality of life concerns.

My campaign is about what it was about last time I ran. It is about changing the material conditions of the people who are suffering the most. I believe if we take care of the people who are suffering the most, everybody else is going to be all right. That is what it is about. That is what my community’s needs are. And that is what I’m going to continue to fight for.

MU: A lot of people are feeling really demoralized right now — particularly after the 2020 Sanders campaign, but just in general: things seem to get worse by the day around here. It’s very difficult to keep alive the kind of spirit you were just talking about as being essential for us to be able to transform the world into a decent and dignified place.

You’re just launching a campaign that will count on people not being demoralized but excited about what you’re up to. What’s your pep talk to pick them up when they’re feeling down about the state of the world right now?

NT: The power rests with all of us. If we are willing to put a little extra on our ordinary, extraordinary things can happen. We’re gonna lose some, we’re gonna win some. And I’m not just talking about races; even in our individual lives, sometimes things go according to plan, and sometimes they don’t. But there’s a saying that if you can look up, you can get up.

That is my message to our movement, baby. We can look up, we can get up. We must keep pushing because we really don’t have any choice. All that we love is on the line.

Either we’ll sit it out and allow the corporatists of this country, the people who are obsessed with greed, to win, or we will continue to fight. It really is as simple as that. And we must embrace the fact that sometimes we’re going to lose and sometimes we’re going to win, but we must keep pushing.

My love language is quotes. One of my sheroes, Harriet Tubman, the Moses of her people, said, “If you hear the dogs, keep going; if there’s torches behind you, keep going; if you want a taste of freedom, never stop, keep going.” That is my message. She was talking about freedom in the context of African people and their descendants being enslaved. And she was saying that if you want your very physical freedom, you must keep going; even if they’re coming after you with the torches and the barking dogs, you must keep going.

That is my message. And that is why I want this movement to keep going. I need this movement to invest in me again, just as they did last year. I need them to do it again, to invest, to keep going.

So, even in our saddest moments, we must keep going. Our mission is so high, we can’t get over it. Our mission is so low, we can’t get under it. And our mission is so wide, we cannot get around it. We can’t give up. We’ve got to keep going.

One more quote from Reverend Dr Martin Luther King Jr: he said that we can have finite disappointment, but we must never lose infinite hope. That’s it. And we can’t let anybody make us feel like what we are fighting for is wrong. People might not agree with the progressive left, but what reasonable person can argue with the fact that wanting universal health care is right? That wanting people to have paid family medical leave is right? That wanting to have the president cancel student debt is right? That wanting people to have a living wage is right?

If those things are wrong, I don’t want to be right.


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Thursday, January 27, 2022

RSN: Andy Borowitz | Americans Hope That Jim Jordan's Refusal to Talk Becomes a Trend

 

 

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27 January 22

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Ohio's 4th congressional district representative Jim Jordan. (photo: Stefani Reynolds/Bloomberg)
Andy Borowitz | Americans Hope That Jim Jordan's Refusal to Talk Becomes a Trend
Andy Borowitz, The New Yorker
Borowitz writes: "Rep. Jim Jordan's announcement that he is refusing to talk to the January 6th committee has sparked celebrations across the nation, as Americans express hope that the congressman's abstention from talking becomes a sustainable trend."

The article below is satire. Andy Borowitz is an American comedian and New York Times-bestselling author who satirizes the news for his column, "The Borowitz Report."


Rep. Jim Jordan’s announcement that he is refusing to talk to the January 6th committee has sparked celebrations across the nation, as Americans express hope that the congressman’s abstention from talking becomes a sustainable trend.

In interviews from coast to coast, Americans agreed with Carol Foyler, a realtor in Missoula, Montana, who said that Jordan’s refusal to talk “seemed almost too good to be true.”

“Really, the year is off to a terrible start, with Omicron spreading like crazy and whatnot,” she said. “When I saw the thing about Jim Jordan not talking, I was, like, ‘Finally, some good news for a change.’ ”

Harland Dorrinson, an insurance adjuster in Akron, Ohio, agreed that it would be “amazing if Jim Jordan stopped talking,” but also sounded a note of caution.

“I worry a little that this is a New Year’s resolution, like going to the gym or cutting back on carbs,” Dorrinson said. “If it’s February and Jim Jordan still isn’t talking, then it’ll be time to get out the party hats.”

READ MORE


US Prosecutors Investigate Republicans Who Sent Fake Trump Electors to CongressProtesters call for a 'forensic audit' of the 2020 presidential election. (photo: Getty)

US Prosecutors Investigate Republicans Who Sent Fake Trump Electors to Congress
Ed Pilkington, Guardian UK
Pilkington writes: "Federal prosecutors have launched an investigation into the attempt by Republicans in seven presidential battleground states won by Joe Biden in 2020 to subvert the election result by sending bogus slates of Donald Trump electors to Congress."

‘Fraudulent elector certifications’ sent from states won by Biden in effort to subvert election result and declare Trump the winner

Federal prosecutors have launched an investigation into the attempt by Republicans in seven presidential battleground states won by Joe Biden in 2020 to subvert the election result by sending bogus slates of Donald Trump electors to Congress.

The ploy was one of the central tactics used by Trump loyalists as part of the “big lie” that he had defeated his Democratic challenger. The fake slates of electors were forwarded to congressional leaders, who then came under pressure to delay certification of Biden’s victory on 6 January 2021, the day of the Capitol insurrection.

In an interview on CNN, the deputy attorney general, Lisa Monaco, revealed that the justice department has begun an investigation into what she called the “fraudulent elector certifications”. She said the department had received referrals on the matter and “our prosecutors are looking at those”.

Monaco added: “We are going to follow the facts and the law wherever they lead to address conduct of any kind and at any level that is part of an assault on our democracy.”

Fake slates of Trump electors were sent to Congress from seven states in fact won by Biden – Arizona, Georgia, Michigan, New Mexico, Nevada, Pennsylvania and Wisconsin. Of those, two – New Mexico and Pennsylvania – added the caveat that the Trump electors should only be counted in the event of a disputed election.

The other five states sent signed statements to Washington giving the appearance that Trump had won despite clear and verified counts placing Biden on top.

Under America’s arcane presidential election system, US presidents are not chosen directly by voters but indirectly through electoral college votes meted out state by state. Official certificates naming the electors for the winning candidate in each state are then sent to Washington to be certified, in this case on 6 January, when hundreds of violent Trump supporters stormed the Capitol building in an attempt to disrupt the process.

Earlier this month the pro-democracy group American Oversight obtained under freedom of information laws the bogus certificates from all seven states in which Republicans attempted to overturn the election result. The certificate from Georgia, one of the most hotly contested states in 2020, reads: “We, the undersigned, being the duly elected and qualified electors for president and vice president of the United States of America from the state of Georgia …”

The fake statement then carries the names and signatures of 16 fake electors who claimed falsely to have cast their electoral college votes for Trump when in fact they had no legal standing to do so. The move was in direct contravention to the actual vote in Georgia, confirmed in multiple counts, which Biden won by 11,779 votes.

Democratic attorneys general in at least two of the seven states – New Mexico and Michigan – have now asked federal prosecutors to examine whether drawing up the bogus certificates amounted to a crime. Their referrals appear to have triggered the DoJ’s investigation.

The fact that Republicans left a paper trail by sending their phony certificates to both Congress and the National Archives suggest that they may now face legal peril. The House committee investigating the January 6 insurrection has also recently begun to focus on the fake Trump electors, and particularly those who organized the plot.

A figure of special interest is Rudy Giuliani, who acted as a lawyer for the Trump campaign and who has been reported to have spearheaded the fake elector strategy. The January 6 committee sent Giuliani a subpoena letter earlier this month specifically referring to his efforts instigating the ploy.

Another area of intense interest is the draft letter prepared in December 2020 by Jeffrey Clark, a relatively lowly justice department official, who tried to persuade Georgia and six other states won by Biden to call back their electors from Congress and consider replacing them with Trump electors. The letter was never officially sent after the acting US attorney general, Jeffrey Rosen, refused to play ball.

The fake electors tactic was also central to the election subversion strategy laid out for Trump by the conservative lawyer John Eastman. In a now notorious two-page memo handed to Trump and the then vice-president, Mike Pence, in the Oval Office, Eastman argued that Pence could block the certification of Biden’s victory on 6 January.

Pence had the constitutional role of presiding over the joint session of Congress that would certify the election results – a process usually considered purely ceremonial. But Eastman advised him that when he opened the electoral college ballot from Arizona he should announce that “he has multiple slates of electors, and so is going to defer decision on that”.

By “multiple slates”, Eastman was referring to the official slate of electors returned by Arizona in favor of Biden who won the state by 10,457 votes and the fake slate of Trump electors that is now under federal investigation.


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The Pentagon We Don't Think About'The Department of Homeland Security is looking the other way in the face of rising far-right extremism.' (photo: Getty)

Andrea Mazzarino | The Pentagon We Don't Think About
Andrea Mazzarino, TomDispatch
Mazzarino writes: "What does it mean that an employee of the Department of - yes! - Homeland Security can openly and proudly promote a homegrown militia whose members have threatened and attacked American lawmakers and police?"

It was more than 20 years ago, but I still remember the shock I felt when the word “homeland” first entered our culture in a big way. That was soon after the 9/11 attacks and, in the end, it would be attached to what became known as the Department of Homeland Security. For me — and I wasn’t alone — that word had a distinctly un-American ring to it. It brought to my mind heimat, the equivalent term the Nazis used for Germany. True, the word had been used before here. Only days earlier, for instance, Congressman Ike Skelton (D-MO) had plugged the creation of “a comprehensive homeland security strategy.” Nonetheless, that was rare indeed and barely noticed until, six days later, the World Trade Center towers in New York City were destroyed.

Still, homeland? Really? The United States of America? Unfortunately, in retrospect, as TomDispatch regular Andrea Mazzarino, co-founder of the Costs of War Project, reminds us today, there was something both eerily strange and all too grimly appropriate in the use of that word for the Department of Homeland Security. It should have been (but sadly wasn’t) a reminder that there was something truly out of the ordinary about organizing what, as Mazzarino suggests, would become a second Pentagon, thanks to the hijacking of three American planes by 19 mostly Saudi terrorists in the name of al-Qaeda. That small terror outfit was, of course, run by a rich Saudi named Osama bin Laden. He would, I suspect, have been thrilled to death (so to speak) to have goaded this country into both launching a series of disastrous conflicts under the label of the Global War on Terror that would, in fact, spread terrorism across the Greater Middle East and Africa. My best guess: he would have been no less thrilled to have convinced us to pour yet more money that could have been spent so much better elsewhere into “national security.”

More than 20 years later, I think it’s safe to say that the “homeland” is anything but secure and not because of Saudi terrorists either. These days, the terror, as Mazzarino suggests, is all too close to home. Tom

-Tom Engelhardt, TomDispatch



The Pentagon We Don’t Think About
A New Perspective on the Department of Homeland Security

A relative of mine, who works for the Department of Homeland Security (DHS) compiling data on foreigners entering the United States, recently posted a curious logo on his Facebook profile: a white Roman numeral three on a black background surrounded by 13 white stars. For those who don’t know what this symbol stands for, it represents the “Three Percenters,” a group that the Anti-Defamation League has identified as an anti-government militia. Its members have a record of violent criminal attacks and strikingly partisan activity, including arrests and guilty pleas in connection with the bombing of a Minnesota mosque in 2017 and appearances as “guards,” carrying assault-style weaponry, at several pro-Trump rallies. Six of its members have been charged with plotting to assault the U.S. Capitol on January 6, 2021.

When my husband, a Naval officer of nearly 20 years, saw this symbol on a family member’s Facebook page, he pointed out to me that, despite the Hatch Act, created to ensure nonpartisanship among federal workers, DHS employees are not always held accountable for exercising “free speech” that would violate that law. The Three Percenters claim that they’re protesting government tyranny. The roman numeral itself refers to a debunked claim that only 3% of Americans in the original 13 colonies took up arms against the British in the Revolutionary War.

What does it mean that an employee of the Department of — yes! — Homeland Security can openly and proudly promote a homegrown militia whose members have threatened and attacked American lawmakers and police? Sadly enough, this fits all too well an agency that national security expert Erik Dahl of the Costs of War Project recently described as looking the other way in the face of rising far-right extremism. That includes anti-government, white-supremacist, and anti-Semitic groups, armed and otherwise. Such right-wing militias and extremist outfits, as Dahl makes clear, have killed an increasing number of people in this country since the 9/11 attacks, significantly more than groups inspired by foreign Islamist organizations like al-Qaeda. And yet, in both its public statements and policies, the domestic agency created after the 9/11 attacks to keep this country “secure” has consistently focused on the latter, while underestimating and often ignoring the former.

How U.S. Security Changed after 9/11

The Department of Homeland Security was quite literally a product of 9/11 and so was formed in a political climate of nearly unwavering support for anything Congress or the White House proposed to combat extremist violence. It officially arrived on the scene just weeks after the 9/11 attacks as the Office of Homeland Security” when President George W. Bush appointed former Pennsylvania Governor Tom Ridge as its first director. By 2002, now a “department,” it would bring together 22 different government agencies, including the Transportation and Security Administration, Customs and Border Protection, the Immigration and Naturalization Service, and the Federal Emergency Management Agency.

Its mission, as stated in a proposal by President Bush, was to “protect our homeland… against invisible enemies that can strike with a wide variety of weapons.” In the end, that new department would represent the largest reorganization of government since World War II. Though few here think of it that way, it would prove to be a second Pentagon and, over the years, would be funded in a similarly profligate fashion.

Under such circumstances, you won’t be surprised to learn that its creation also led to a striking amount of redundancy in the national security establishment. In 2004, Congress created the Office of the Director of National Intelligence to provide the president with an overview of all intelligence efforts. According to Dahl, the director of national intelligence and the organizations he or she oversees are supposed to stand on the front lines of combating violent attacks on U.S. soil. Law enforcement groups like the Joint Terrorism Task Forces (under the FBI) have, in fact, thwarted the largest number of potential terrorist attacks since 9/11 and, at the moment, seem to be focused on the most significant threats to this country, which are all too internal. For example, a January 2022 joint statement by senior FBI and Justice Department officials warned that “the threat posed by domestic violent extremism and hate crimes is on the rise” and that FBI investigations of suspected domestic violent extremists have more than doubled since the spring of 2020.

In February 2020, even Christopher Wray, President Trump’s FBI director, testified before the House Judiciary Committee that violent extremists targeting people based on their race or ethnicity “were the primary source of ideologically-motivated lethal incidents and violence in 2018 and 2019, and have been considered the most lethal of all domestic extremist movements since 2001.” Of the 16 (unsuccessful) terrorist attacks on U.S. soil in 2020, 14 were prevented by police or most often FBI agents or those from Joint Terrorism Task Forces. For example, in March 2020, the FBI shot and killed a man in Missouri while attempting to arrest him. He was under investigation for planning to bomb a hospital to protest his city’s Covid-19 lockdown measures.

To be sure, there have also been threats from foreign terrorist organizations and those who act at their behest. Take, for example, the December 6, 2019, attack of a Saudi-born military trainee directed by al-Qaeda in the Arabian Peninsula. He managed to kill three sailors at Naval Air Station Pensacola in Florida. According to Dahl, since 9/11, there have been 146 thwarted attacks planned by foreign terrorist groups or those inspired by them here. The vast majority were prevented by law enforcement sting operations or tips from the public.

Meanwhile, DHS is often not focused on threats of violence at all, but on responding to allegations of mistreatment by its own officers toward people in their custody or toward one another. A list of 2019 and 2020 congressional testimony by DHS officials typically included topics like monitoring reports on terrible conditions in Immigration and Customs Enforcement detention facilities, on the mistreatment and deaths of immigrant children in Customs and Border Patrol custody, or on harassment and bullying within the Coast Guard.

When it came to terrorism, prior to the January 6, 2021, assault on the Capitol, DHS officials were primarily focused on their roles as gatekeepers for those entering or traveling within the U.S. In testimony they gave, there was no mention at all about the rise of domestic extremists and the risk they might pose to American lives and property. Typically, in public remarks at American University in March 2019, then DHS Secretary Kirstjen Nielsen stated that Islamist militants pose the primary terrorist threat to the U.S.

On January 5, the day before the Capitol uprising, DHS’s Office of Intelligence and Analysis published a summary account that oh-so-presciently stated: “Nothing significant to report.” Never mind that law enforcement figures had recently been sharing numerous tips on the subject of domestic terrorism, including from soon-to-be protesters exchanging maps of the Capitol’s interior on social media.

Dangers Ahead

While some amount of redundancy is certainly to be expected in government, the level introduced by the Department of Homeland Security should raise issues that go beyond the logistical problem of too many cooks in the kitchen. After all, what does it say about a department created to make this country more secure that just about all those “cooks” focus on only one potential danger, while ignoring the main and all-too-obvious “security” threat to American lives right now?

It’s simple really. Though the word in its name is “homeland,” as in “domestic,” its focus is almost solely on those who come from outside our borders, both jihadist groups like al-Qaeda and ISIS that might indeed plot to launch or at least promote terror attacks here and — a particular emphasis of the Trump years — immigrants illegally crossing our border with Mexico.

Even more sinister, when it comes to redundancy, our government now has a second armed entity that can direct its force in an arbitrary way. Twenty years after the 9/11 attacks, the forever-war and new-Cold-War-focused Pentagon is, of course, staggeringly over-funded, even if its rank and file are — take my word for it as a military spouse — ever more depleted from our endless wars abroad, the pandemic ravaging this country, and relentless training. Meanwhile, since 9/11, we’ve overfunded what quickly became a second Pentagon, the Department of Homeland Security, capable of focusing on whatever it considers to be most politically expedient.

During the Trump administration, DHS suppressed those populations the president and his advisers deemed the greatest threats to this country, even if that meant young children whose families were seized at the southern border. No less chillingly, during the Trump presidency, DHS Acting Deputy Secretary Ken Cuccinelli acknowledged that the agency had sent its employees to monitor and suppress protests in Portland, Oregon, against the police killing of George Floyd. DHS officers began patrolling that city’s streets in unmarked vehicles and detaining protesters allegedly without even telling them why in order, according to Cuccinelli, to “move them to a safe location for questioning.” However, a November 2020 report issued by the DHS’s own inspector general concluded that the people deployed to Portland had no authority (or training) to act as law enforcement officers and had engaged in unconstitutional, violent attacks on protesters, journalists, members of watchdog groups, and bystanders.

All of this should be a reminder of what life in another Trump (or Trumpist) presidency in these (dis)United States could be like for a DHS that already ignores the real potential terrorists in this country. Count on one thing: any regard for civil liberties and human rights would undoubtedly go out the window.

If such a president were to use the bully pulpit to denigrate anyone who disagreed with him or whose way of life differed from his own, then imagine what a Department of Homeland Security that, even now, ignores the deepest security threat to this country, might be like. In a New Yorker article in 2020, journalist Masha Gessen pointed out that “homeland” was, from the start, “an anxious, combative word: it denotes a place under assault, in need of aggressive defense from shape-shifting dangers.” She argued that its sudden use by our government, post-9/11, suggested a move from defending ourselves against other militaries towards defending ourselves against individuals who might, in the end, threaten a leader’s power. And this, Gessen pointed out, is the premise on which secret police forces are built.

Before entering the mental-health field, I spent years living and working as an activist in Russia. Its Federal Security Service, or FSB, has used intimidation, detention without charge, and extra-judicial execution to show everyone from opposition figures to feminist rock bands the might of President Vladimir Putin. Its focus has been on keeping people from challenging the status quo of a patriarchal nation expected to show unquestioning loyalty to its strongman ruler.

The terror that many Russians feel about their internal police is, of course, rooted in history. The FSB’s predecessor, the Soviet Union’s notorious KGB, wielded similar violence against many whose free expression was deemed to threaten state power. Most friends and acquaintances of mine in Russia have relatives in older generations who were taken away, never to be seen again, for reasons as subjective as publishing a poem or talking to the wrong neighbor on the street.

As I reflect on how far state oppression can go, I only hope that the U.S. will never again see a leader who allows federal power to be used in such an arbitrary way. Yet, thanks in part to the Department of Homeland Security, I’m all too aware that this country is remarkably well set up for just such a figure.

National (In)Security?

It should be baffling to us all that the organization tasked with protecting our homeland was unable to avert the most threatening violent attack on our democratically elected government since Confederate troops advanced on Washington, late in the Civil War.

A friend and Park Police officer who was stationed at the Capitol on January 6th recalls being more scared than she had ever been in her 20 years of service. She and some 150 colleagues who specialize in crowd control around national infrastructure lacked a memorandum of understanding with the Capitol Police that would have allowed them to help defend Congress. She said that, as far as she could see, January 6th was a failure of leadership more than anything else because capable people had not been given permission to act.

If we and our lawmakers don’t hold the Department of Homeland Security — a creation of this country’s disastrous war on terror — to account for its actions (or lack of them) and question not just what it does but why it even exists, then I fear for our future. After all, what 9/11 really left us with was not just those destroyed towers in New York and a damaged Pentagon, but our own second Pentagon, a “defense” department capable of being aimed in the worst way possible at the American people. The problem is that the enemy of the future for DHS may very well be the American people — and not just the terrorists among us either.

And, in truth, none of us should be surprised. After all, the original proposal for that agency called for the targeting of invisible enemies capable of striking the “homeland.” In other words, the enemy could be anyone. It could, in fact, be the Department of Homeland Security. And that should concern us all.



Follow TomDispatch on Twitter and join us on Facebook. Check out the newest Dispatch Books, John Feffer’s new dystopian novel, Songlands (the final one in his Splinterlands series), Beverly Gologorsky’s novel Every Body Has a Story, and Tom Engelhardt’s A Nation Unmade by War, as well as Alfred McCoy’s In the Shadows of the American Century: The Rise and Decline of U.S. Global Power and John Dower’s The Violent American Century: War and Terror Since World War II.

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Nina Turner Mounts Likely Rematch Bid Against Rep. Shontel Brown in OhioActivist Nina Turner is officially mounting a 2022 bid for Congress that will likely set up a rematch against incumbent Rep. Shontel Brown. (photo: Reuters)

Nina Turner Mounts Likely Rematch Bid Against Rep. Shontel Brown in Ohio
Ursula Perano, The Daily Beast
Perano writes: "Brown and Turner's first showdown during a special election last year split the Democrats along increasingly familiar ideological lines."

Brown and Turner’s first showdown during a special election last year split the Democrats along increasingly familiar ideological lines.

Activist Nina Turner is officially mounting a 2022 bid for Congress that will likely set up a rematch against incumbent Rep. Shontel Brown (D-OH), according to the Plain Dealer, teeing up a moderate vs. progressive showdown in Ohio this spring.

Turner and Brown faced off in 2021 to replace former Rep. Marcia Fudge (D-OH), who left her post to serve as Secretary of Housing and Urban Development. The race was a spectacle of national attention, with Turner’s progressive platform squaring off with Brown’s more moderate strategy.

Turner ran on proposals like Medicare for All and the Green New Deal, drawing progressive backers like Sen. Bernie Sanders (I-VT) and New York’s Rep. Alexandria Ocasio-Cortez to her corner. But Brown, who was supported by House Majority Whip James Clyburn (SC), among others, ultimately won the district’s August 2021 Democratic primary by about 4,300 votes.

Turner has never shied away from mulling on a rematch. In September, she filed a statement of candidacy for a 2022 run, which allowed her to explore a bid against Brown without formally committing to the race. In a December call with Our Revolution, Turner said she was keeping “all options on the table,” adding, “I never stopped doing the work.”

Turner is now relaunching her candidacy just days before the Feb. 2 filing deadline, with Ohio’s Democratic primary a few months away on May 3. While that’s not much time from start to finish, Turner could benefit from the recency of her last campaign and the familiarity of her opponent.

Ohio is currently undergoing redistricting, meaning the district lines have the potential to change. But Ohio’s 11th District, which Brown currently represents and where Turner previously ran, is firmly blue, making a Republican victory highly unlikely.

During Brown’s first year in Congress, she joined the Congressional Progressive Caucus and voted in favor of the Build Back Better proposal and the bipartisan infrastructure framework, among other Democratic priorities.

The Congressional Progressive Caucus’ campaign arm doesn’t endorse opponents of sitting incumbents, but it wouldn’t be unusual for progressive members of Congress to issue individual endorsements of primary challengers.


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Indigenous Community Finds 93 Possible Burial Sites Near Former Canada Residential SchoolThe probe near Williams Lake came after the discovery last May of unmarked graves at another former facility in British Columbia, the Kamloops Indian Residential School. (photo: Cole Burston/Getty)


Indigenous Community Finds 93 Possible Burial Sites Near Former Canada Residential School
Ellen Francis, The Washington Post
Francis writes: "An Indigenous community in British Columbia has found 93 potential burial sites on the grounds of a former residential school, the latest such discovery in the past year from one of the darkest chapters of Canada's history."

An Indigenous community in British Columbia has found 93 potential burial sites on the grounds of a former residential school, the latest such discovery in the past year from one of the darkest chapters of Canada’s history.

Chief Willie Sellars of Williams Lake First Nation said Tuesday that preliminary findings of an investigation into the St. Joseph’s Mission Residential School and its environs were part of a wider process of healing from scars passed down across generations. “This journey has led our investigation team into the darkest recesses of human behavior,” he told a news conference.

Nearly 150,000 Indigenous children were separated from their families, often by force, between the 1800s and 1990s in an attempt to assimilate them. They were sent to government-funded, church-run schools that prohibited them from speaking Indigenous languages and practicing their traditions. Many faced neglect and abuse.

In a 2015 report, Canada’s Truth and Reconciliation Commission said what happened at the schools was akin to “cultural genocide.” The commission identified at least 4,100 students who died at the schools during that time.

The probe near Williams Lake came after the discovery in May of the probable unmarked graves of Indigenous children at the former Kamloops Indian Residential School in British Colombia, once the largest in Canada. The discovery was announced at 215 graves; after further investigation, the number was revised down to 200.

Many residential schools were shut down in the 1970s. The last one closed in 1997.

Officials said on Tuesday the latest 93 sites showed “reflections” indicating “potential human burials” after using ground-penetrating radar on 14 of the hundreds of hectares of the school grounds, though excavation would be necessary to confirm their presence.

The investigation into St. Joseph’s Mission included interviews with survivors that revealed stories of disappearances, murders, torture, starvation and rape, along with attempts to suppress the reports, Sellars said.

The findings at the residential school “where three generations of my family attended is traumatizing, yet it also serves as validation of the stories told,” said Phyllis Webstad, who founded a nonprofit for reconciliation.

“I have often thought of this day,” she wrote in a statement. “I grieve for all who never made it.”

In a tweet on Tuesday, Canadian Prime Minister Justin Trudeau shared the number of a National Indian Residential School Crisis Line set up to support former students. “Today’s news from Williams Lake First Nation brings a lot of distressing emotions to the surface,” he said.


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Burkina Faso: The Young Soldier Who Overthrew His PresidentLt-Col Paul-Henri Sandaogo Damiba turned on his political masters in Burkina Faso by seizing power in a coup. (photo: AFP)

Burkina Faso: The Young Soldier Who Overthrew His President
BBC News
Excerpt: "He anointed himself president just three weeks after celebrating his 41st birthday, making him the latest man in camouflage to overthrow a government."

Trained by the US and France in warfare, the young Lt-Col Paul-Henri Sandaogo Damiba turned on his political masters in Burkina Faso by seizing power in a coup.

He anointed himself president just three weeks after celebrating his 41st birthday, making him the latest man in camouflage to overthrow a government, and raising fears that what UN chief António Guterres last year called the "epidemic of coups" - in countries ranging from Sudan to Myanmar - could continue into the new year.

Sporting a red beret, Lt-Col Damiba sat impassively - as Reuters news agency put it - in a low-lit studio on Monday evening, leaving a captain to announce on state television that he had toppled President Roch Kaboré, a former banker who is now his prisoner.

Holding the grand title of "President of the Patriotic Movement for Safeguarding and Restoration", Lt-Col Damiba forms the West African triumvirate of military rulers - along with Guinea's charismatic Col Mamady Doumbouya, who was also born in 1981, and Mali's bearded Col Assimi Goïta, who is the youngest of the trio, having been born in 1983.

Though they have become political pariahs in much of Africa and the West for seizing power through the barrel of the gun, the trio appear to have significant public support in their countries - all former French colonies.

"As far as we're concerned, it's not a coup," school teacher Julienne Traore told AFP news agency as crowds celebrated in Burkina Faso's capital Ouagadougou.

"It's the liberation of a country, which was being governed by people who were incompetent," the teacher added.

This view was expressed despite the fact that Lt-Col Damiba has neither addressed the nation nor granted media interviews since seizing power, suggesting he is, at the least, publicity-shy - not ideal for a president.

A well-connected West African security source told the BBC: "He is not very talkative but when he does talk, you should take him seriously.

"He is a born leader and is very close to the men he commands, rather than keeping his distance from them. For him, results on the grounds are what matters."

Lt-Col Damiba also seems to be academically oriented, having authored West African Armies and Terrorism: Uncertain Responses? - a book on the biggest crisis facing Burkina Faso, the Islamist insurgency which has left about 2,000 people dead since 2015 and about 300,000 children without education after their schools were forced to close.

In the statement read on his behalf by the captain who announced the coup, Lt-Col Damiba cited the deteriorating security situation as the chief reason for overthrowing Mr Kaboré.

He turned on the president despite the fact that he had been promoted about seven weeks earlier to lead anti-terrorism operations in the volatile northern zone, which includes Ouagadougou, in what was seen as a military shake-up by Mr Kaboré to tighten his grip on power and to placate troops angered by the killing of more than 50 security force members in November.

The security source said that Lt-Col Damiba's decision to strike against his former boss did not come as a surprise, as "he is someone who doesn't do things by half-measures".

"He sees the issue of jihadist insurgencies as a complex problem, which cannot be solved through military means alone.

"This isn't an easy thing for a soldier to say but he is someone who says what he thinks," the source said.

Lt-Col Damiba's background is similar to that of many of Burkina Faso's military elite - he studied in France at a military academy and a prestigious institution where he got a Master's in criminal sciences, and served in the presidential guard of the now-exiled Blaise Compaoré who, during his decades-long rule, maintained strong ties with the former colonial power.

More recently, Lt-Col Damiba received military training from the US, as it increasingly turned its attention to West Africa to fight militant Islamists who have gained a foothold in the region.

The US Africa Command confirmed to The New York Times that Lt-Col Damiba took part in American military courses and exercises between 2010 and 2020, and received instruction on the law of armed conflict, and respect for human rights.

But the security source the BBC spoke to said they did not expect Lt-Col Damiba to be beholden to any foreign power.

"He believes that Africa should bear responsibility for its own problems, rather than relying on the West, or anyone else."

The jury is out on that - some supporters of Lt-Col Damiba carried Russian flags as they celebrated the coup in Ouagadougou, calling on Russia to help in the fight against the militant Islamists.

They were taking their cue from Mali, where the junta is said to have brought in Russia's controversial Wagner group to defeat the insurgents, to the chagrin of 15 European nations who - along with Canada - issued a statement in December saying they "deeply regret" the decision to use "already scarce public funds" to pay foreign mercenaries.


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Lawsuit Alleging Oil Companies Misled Public About Climate Change Moves ForwardFuel prices on a sign at a BP gas station in Louisville, Kentucky, on Friday, Jan. 29, 2021. (photo: Luke Sharrett/Getty)

Lawsuit Alleging Oil Companies Misled Public About Climate Change Moves Forward
Rebecca Hersher, NPR
Hersher writes: "A federal appeals court in Virginia heard a landmark case Tuesday that seeks to hold major fossil fuel companies accountable for their role in climate change. The court's decision in the case will have implications for a raft of similar cases brought by cities, counties and states across the country."

A federal appeals court in Virginia heard a landmark case Tuesday that seeks to hold major fossil fuel companies accountable for their role in climate change. The court's decision in the case will have implications for a raft of similar cases brought by cities, counties and states across the country.

The case was brought by the city of Baltimore against some of the biggest oil and gas companies in the world, and it hinges on alleged disinformation by the corporations. The Baltimore city government argues that the companies must help pay for the costs of climate change, because they misled the public about how their products contribute to global warming.

Like many cities in the United States, Baltimore has borne enormous and escalating climate costs, including millions of dollars of damage from floods and expensive infrastructure upgrades to address dangerous heat waves and rising seas.

Baltimore was one of the first places to file a lawsuit seeking damages from fossil fuel companies. Since then, numerous cities, including Oakland, Calif., New York, N.Y., Annapolis, Md., Charleston, S.C. and Honolulu, Hawaii have pursued similar suits. So have several states, including Minnesota, Delaware and Rhode Island.

None of the cases has progressed far enough for a judge or jury to hear any substantive arguments about whether oil and gas companies should pay for the damages caused by burning fossil fuels. Instead, the fossil fuel companies have focused their defense on the narrow jurisdictional question of whether such lawsuits can proceed in state courts, where they were originally filed.

The Supreme Court considered the jurisdiction question in the Baltimore case last year, and decided that a federal appeals court should decide where the Baltimore lawsuit is heard, paving the way for today's arguments before a three-judge panel for the Fourth Circuit Court of Appeals.

The decision by the appeals court could affect the outcomes of other cases, especially the lawsuits brought by cities and counties that fall within the jurisdiction of the Fourth Circuit, such as Charleston, S.C. and Annapolis, Md. For example, if the appeals court finds that Baltimore's lawsuit can be tried in state court, that decision would also apply to the suits brought by those cities.

In his statement on behalf of oil and gas companies, attorney Kannon Shanmugam argued that state court is the wrong place for the lawsuit because climate change is global in scope, and is regulated by the federal government and by international agreements.

The National Association of Manufacturers, an industry group, made an even more sweeping argument in a brief filed in support of the companies, writing, "state courts are not positioned to decide who, if anyone, is to be legally accountable for climate change, how energy policies should change to address it, and how local mitigation projects should be funded."

Karen Sokol, a law professor at Loyola University New Orleans who studies climate liability cases, says that argument doesn't hold water, because the allegations against the companies hinge on state laws that are meant to protect the public from misleading marketing.

Baltimore is asking state courts to weigh in on what Sokol calls a "long-standing, systematic deceptive marketing campaign designed to hide the catastrophic dangers," of fossil fuels. Cases about consumer protection, including landmark lawsuits involving alleged corporate misinformation campaigns by tobacco companies, have historically been tried in state court.

In his statement on behalf of Baltimore's government on Tuesday, attorney Vic Sher argued the case is about "disinformation and lack of disclosure."

Because the question of jurisdiction is still unresolved, neither side presented any evidence Tuesday about the underlying question: whether oil and gas companies are liable for misleading the public about how burning fossil fuels causes catastrophic climate change. The appeals court is expected to announce its decision about jurisdiction later this year.


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