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Why Is the Obama Administration Opposing Rights for Immigrant Detainees? Print
Wednesday, 07 December 2016 09:39

Denvir writes: "Non-citizens are often locked up as they fight deportation proceedings, even if they're in the country legally or don't pose a flight risk."

'It is the very people detained for lengthy periods who are most likely to win their cases and be allowed to remain in the United States' (photo: John Moore/Getty Images)
'It is the very people detained for lengthy periods who are most likely to win their cases and be allowed to remain in the United States' (photo: John Moore/Getty Images)


Why Is the Obama Administration Opposing Rights for Immigrant Detainees?

By Daniel Denvir, Guardian UK

07 December 16

 

Non-citizens are often locked up as they fight deportation proceedings, even if they’re in the country legally or don’t pose a flight risk

mmigrants detained for months and even years by the federal government should have no right to a bond hearing to determine whether their detention is necessary or justified. That might seem like an extreme statement. It is. But it’s not coming from Donald Trump. That’s what lawyers for the Obama administration this week argued before the US supreme court in Jennings v Rodriguez.

Non-citizens, including lawful permanent residents, are often locked up for lengthy periods in prison-like conditions while fighting deportation proceedings. That’s a result of a 1996 law, signed by President Bill Clinton, which made detention mandatory for a huge swath of immigrants convicted of crimes – even minor ones and even cases where an immigrant poses no public safety or flight risk.

It’s a remarkable case that encapsulates the absurd brutality of contemporary immigration politics: so-called moderates like Clinton, George Bush and Barack Obama have built and defended a monstrously efficient deportation machine that will soon be handed over to a hardcore nativist.

As of October, a record 40,000-plus immigrants, including many asylum seekers, were detained by the federal government, mostly in private facilities. That number that could grow much larger under Trump. The president-elect has pledged to orchestrate mass deportations and also promised to freeze federal hiring, which could make an already severely backlogged immigration court system grind to nearly a halt. It’s no surprise that private prison company stocks soared after Trump’s win.

“If the president-elect means what he says on detention and means what he says on the hiring freeze, inevitably detention times are going to skyrocket,” said Michael Tan, a staff attorney with the ACLU’s Immigrants’ Rights Project and one of the attorneys on the case.

The Obama administration’s response is that immigrants can file habeas corpus petitions in federal court – a complicated and time-consuming process that would provide no due process for most immigrants subject to imprisonment by the federal government.

The case before the supreme court is a class-action lawsuit represented by Alejandro Rodriguez, a lawful permanent resident brought to the United States as an infant whom the government sought to deport because of convictions for drug possession and “joyriding”. Rodriguez was imprisoned for more than three years with no bond hearing while he fought deportation – a fight he ultimately won.

In fact, it is the very people detained for lengthy periods like Rodriguez who are most likely to win their cases and be allowed to remain in the US because they have substantive claims to make. Those without such claims are typically subject to rapid deportation.

“The sad irony is the people who have the strongest claim to lawful status in the United States are the most likely to end up in detention for months or years without ever being able to see a judge and seek relief,” said Tan.

Those detained for six months or longer, according to the ACLU, are five times more likely to win their case than the average immigration detainee.

Though Trump has made brazen racism and xenophobia the centerpiece of his political persona, his policy agenda echoes that pursued by Obama: deporting those convicted of crimes. But the majority of those detained by immigration authorities for six months or longer, according to the ACLU, were convicted of crimes so minor that they carried a conviction of no longer than six months.

The US court of appeals for the ninth circuit found that non-citizens like Rodriguez did have a right to a bond hearing every six months. The Obama administration disagreed and appealed to the supreme court.

In the 2003 case Demore v Kim, the supreme court ruled in favor of the government’s power to detain non-citizens for a limited amount of time without a bond hearing – a period that the court found, based on information provided by the government, averaged roughly five months for those fighting their deportation before the Board of Immigration Appeals. The problem, the government conceded in an August letter to the court, is that that figure is bogus. In reality, the average detention time for such non-citizens was more than a year.

The government, according to Scotusblog’s bloodless analysis, is in part relying on the 1953 case Shaughnessy v United States ex rel Mezei, which “denied judicial review to an immigrant held in indefinite detention based on secret evidence, an outcome next to impossible to square with modern constitutional law.”

Trump has made it clear that he has little respect for constitutional rights. Obama’s dismal record will make it all the easier for the president-elect to shred them.

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The Coming War on China Print
Tuesday, 06 December 2016 15:39

Pilger writes: "When I first went to Hiroshima in 1967, the shadow on the steps was still there. It was an almost perfect impression of a human being at ease: legs splayed, back bent, one hand by her side as she sat waiting for a bank to open. At a quarter past eight on the morning of 6 August, 1945, she and her silhouette were burned into the granite. I stared at the shadow for an hour or more, unforgettably. When I returned many years later, it was gone: taken away, 'disappeared,' a political embarrassment."

Philippine soldiers and a U.S. Army soldier from 2nd Stryker Brigade Combat of the 5th Infantry Division take their positions after disembarking from a C-47 Chinook helicopter during an air assault exercise inside the military training camp of Fort Magsaysay in Nueva Ecija province north of Manila, April 20, 2015. (photo: AFP)
Philippine soldiers and a U.S. Army soldier from 2nd Stryker Brigade Combat of the 5th Infantry Division take their positions after disembarking from a C-47 Chinook helicopter during an air assault exercise inside the military training camp of Fort Magsaysay in Nueva Ecija province north of Manila, April 20, 2015. (photo: AFP)


The Coming War on China

By John Pilger, teleSUR

06 December 16

 

The greatest build-up of American-led military forces since the Second World War is well under way.

hen I first went to Hiroshima in 1967, the shadow on the steps was still there. It was an almost perfect impression of a human being at ease: legs splayed, back bent, one hand by her side as she sat waiting for a bank to open. At a quarter past eight on the morning of 6 August, 1945, she and her silhouette were burned into the granite. I stared at the shadow for an hour or more, unforgettably. When I returned many years later, it was gone: taken away, “disappeared”, a political embarrassment.

I have spent two years making a documentary film, The Coming War on China, in which the evidence and witnesses warn that nuclear war is no longer a shadow, but a contingency. The greatest build-up of American-led military forces since the Second World War is well under way. They are in the northern hemisphere, on the western borders of Russia, and in Asia and the Pacific, confronting China.

The great danger this beckons is not news, or it is buried and distorted: a drumbeat of mainstream fake news that echoes the psychopathic fear embedded in public consciousness during much of the 20th century.

Like the renewal of post-Soviet Russia, the rise of China as an economic power is declared an “existential threat” to the divine right of the United States to rule and dominate human affairs.

To counter this, in 2011 President Obama announced a “pivot to Asia”, which meant that almost two-thirds of US naval forces would be transferred to Asia and the Pacific by 2020. Today, more than 400 American military bases encircle China with missiles, bombers, warships and, above all, nuclear weapons. From Australia north through the Pacific to Japan, Korea and across Eurasia to Afghanistan and India, the bases form, says one US strategist, “the perfect noose.”

A study by the RAND Corporation – which, since Vietnam, has planned America’s wars – is entitled, War with China: Thinking Through the Unthinkable. Commissioned by the US Army, the authors evoke the cold war when RAND made notorious the catch cry of its chief strategist, Herman Kahn -- “thinking the unthinkable”. Kahn’s book, On Thermonuclear War, elaborated a plan for a “winnable” nuclear war against the Soviet Union.

Today, his apocalyptic view is shared by those holding real power in the United States: the militarists and neo-conservatives in the executive, the Pentagon, the intelligence and “national security” establishment and Congress.

The current Secretary of Defense, Ashley Carter, a verbose provocateur, says U.S. policy is to confront those “who see America’s dominance and want to take that away from us.”

Forall the attempts to detect a departure in foreign policy, this is almost certainly the view of Donald Trump, whose abuse of China during the election campaign included that of “rapist” of the American economy. On 2 December, in a direct provocation of China, President-elect Trump spoke to the President of Taiwan, which China considers a renegade province of the mainland. Armed with American missiles, Taiwan is an enduring flashpoint between Washington and Beijing.

“The United States,” wrote Amitai Etzioni, professor of international Affairs at George Washington University, “is preparing for a war with China, a momentous decision that so far has failed to receive a thorough review from elected officials, namely the White House and Congress.” This war would begin with a “blinding attack against Chinese anti-access facilities, including land and sea-based missile launchers … satellite and anti-satellite weapons.”

The incalculable risk is that “deep inland strikes could be mistakenly perceived by the Chinese as pre-emptive attempts to take out its nuclear weapons, thus cornering them into ‘a terrible use-it-or-lose-it dilemma’ [that would] lead to nuclear war.”

In 2015, the Pentagon released its Law of War Manual. “The United States,” it says, “has not accepted a treaty rule that prohibits the use of nuclear weapons perse, and thus nuclear weapons are lawful weapons for the United States.”

In China, a strategist told me, “We are not your enemy, but if you [in the West] decide we are, we must prepare without delay.” China’s military and arsenal are small compared to America’s. However, “for the first time,” wrote Gregory Kulacki of the Union of Concerned Scientists, “China is discussing putting its nuclear missiles on high alert so that they can be launched quickly on warning of an attack … This would be a significant and dangerous change in Chinese policy … Indeed, the nuclear weapon policies of the United States are the most prominent external factor influencing Chinese advocates for raising the alert level of China’s nuclear forces.”

Professor Ted Postol was scientific adviser to the head of US naval operations. An authority on nuclear weapons, he told me, “Everybody here wants to look like they’re tough. See I got to be tough … I’m not afraid of doing anything military, I’m not afraid of threatening; I’m a hairy-chested gorilla. And we have gotten into a state, the United States has gotten into a situation where there’s a lot of sabre-rattling, and it’s really being orchestrated from the top.”

I said, “This seems incredibly dangerous.”

In 2015, in considerable secrecy, the US staged its biggest single military exercise since the Cold War. This was Talisman Sabre; an armada of ships and long-range bombers rehearsed an “Air-Sea Battle Concept for China” – ASB -- blocking sea lanes in the Straits of Malacca and cutting off China’s access to oil, gas and other raw materials from the Middle East and Africa.

It is such a provocation, and the fear of a US Navy blockade, that has seen China feverishly building strategic airstrips on disputed reefs and islets in the Spratly Islands in the South China Sea. Last July, the UN Permanent Court of Arbitration ruled against China’s claim of sovereignty over these islands. Although the action was brought by the Philippines, it was presented by leading American and British lawyers and could be traced to U.S. Secretary of State Hillary Clinton.

In 2010, Clinton flew to Manila. She demanded that America’s former colony reopen the US military bases closed down in the 1990s following a popular campaign against the violence they generated, especially against Filipino women. She declared China’s claim on the Spratly Islands – which lie more than 7,500 miles from the United States – a threat to US “national security” and to “freedom of navigation.”

Handed millions of dollars in arms and military equipment, the then government of President Benigno Aquino broke off bilateral talks with China and signed a secretive Enhanced Defense Cooperation Agreement with the US. This established five rotating US bases and restored a hated colonial provision that American forces and contractors were immune from Philippine law.

The election of Rodrigo Duterte in April has unnerved Washington. Calling himself a socialist, he declared, “In our relations with the world, the Philippines will pursue an independent foreign policy” and noted that the United States had not apologized for its colonial atrocities. “I will break up with America,” he said, and promised to expel US troops. But the US remains in the Philippines; and joint military exercises continue.

In 2014, under the rubric of “information dominance” – the jargon for media manipulation, or fake news, on which the Pentagon spends more than $4 billion –the Obama administration launched a propaganda campaign that cast China, the world’s greatest trading nation, as a threat to “freedom of navigation.”

CNN led the way, its “national security reporter” reporting excitedly from on board a US Navy surveillance flight over the Spratlys. The BBC persuaded frightened Filipino pilots to fly a single-engine Cessna over the disputed islands “to see how the Chinese would react”. None of these reporters questioned why the Chinese were building airstrips off their own coastline, or why American military forces were massing on China’s doorstep.

The designated chief propagandist is Admiral Harry Harris, the US military commander in Asia and the Pacific. “My responsibilities,” he told the New York Times, “cover Bollywood to Hollywood, from polar bears to penguins.” Never was imperial domination described as pithily.

Harris is one of a brace of Pentagon admirals and generals briefing selected, malleable journalists and broadcasters, with the aim of justifying a threat as specious as that with which George W. Bush and Tony Blair justified the destruction of Iraq and much of the Middle East.

In Los Angeles in September, Harris declared he was “ready to confront a revanchist Russia and an assertive China … If we have to fight tonight, I don’t want it to be a fair fight. If it’s a knife fight, I want to bring a gun. If it’s a gun fight, I want to bring in the artillery … and all our partners with their artillery.”

These “partners” include South Korea, the launch pad for the Pentagon’s Terminal High Altitude Air Defense system, known as THAAD, ostensibly aimed at North Korea. As Professor Postol points out, it targets China.

In Sydney, Australia, Harris called on China to “tear down its Great Wall in the South China Sea”. The imagery was front page news. Australia is America’s most obsequious “partner”; its political elite, military, intelligence agencies and the media are integrated into what is known as the “alliance.” Closing the Sydney Harbour Bridge for the motorcade of a visiting American government “dignitary” is not uncommon. The war criminal Dick Cheney was afforded this honor.

Although China is Australia’s biggest trader, on which much of the national economy relies, “confronting China” is the diktat from Washington. The few political dissenters in Canberra risk McCarthyite smears in the Murdoch press. “You in Australia are with us come what may,” said one of the architects of the Vietnam war, McGeorge Bundy. One of the most important US bases is Pine Gap near Alice Springs.Founded by the CIA, it spies on China and all of Asia, and is a vital contributor to Washington’s murderous war by drone in the Middle East.

In October, Richard Marles, the defense spokesman of the main Australian opposition party, the Labor Party, demanded that “operational decisions” in provocative acts against China be left to military commanders in the South China Sea. In other words, a decision that could mean war with a nuclear power should not be taken by an elected leader or a parliament but by an admiral or a general.

(photo: teleSUR)

This is the Pentagon line, a historic departure for any state calling itself a democracy. The ascendancy of the Pentagon in Washington – which Daniel Ellsberg has called a silent coup -- is reflected in the record $5 trillion America has spent on aggressive wars since 9/11, according to a study by Brown University. The million dead in Iraq and the flight of 12 million refugees from at least four countries are the consequence.

The Japanese island of Okinawa has 32 military installations, from which Korea,Vietnam, Cambodia, Afghanistan and Iraq have been attacked by the United States. Today, the principal target is China, with whom Okinawans have close cultural and trade ties.

There are military aircraft constantly in the sky over Okinawa; they sometimes crash into homes and schools. People cannot sleep, teachers cannot teach. Wherever they go in their own country, they are fenced in and told to keep out.

A popular Okinawan anti-base movement has been growing since a 12-year-old girl was gang-raped by US troops in 1995. It was one of hundreds of such crimes, many of them never prosecuted. Barely acknowledged in the wider world, the resistance has seen the election of Japan’s first anti-base governor, Takeshi Onaga, and presented an unfamiliar hurdle to the Tokyo government and the ultra-nationalist prime minister Shinzo Abe’s plans to repeal Japan’s “peace constitution.”

The resistance includes Fumiko Shimabukuro, aged 87, a survivor of the Second World War when a quarter of Okinawans died in the American invasion. Fumiko and hundreds of others took refuge in beautiful Henoko Bay, which she is now fighting to save. The US wants to destroy the bay in order to extend runways for its bombers. “We have a choice,” she said, “silence or life.” As we gathered peacefully outside the US base, Camp Schwab, giant Sea Stallion helicopters hovered over us for no reason other than to intimidate.

Across the East China Sea lies the Korean island of Jeju, a semi- tropical sanctuary and World Heritage Site declared “an island of world peace.” On this island of world peace has been built one of the most provocative military bases in the world, less than 400 miles from Shanghai. The fishing village of Gangjeong is dominated by a South Korean naval base purpose-built for US aircraft carriers, nuclear submarines and destroyers equipped with the Aegis missile system, aimed at China.

A people’s resistance to these war preparations has been a presence on Jeju for almost a decade. Every day, often twice a day, villagers, Catholic priests and supporters from all over the world stage a religious mass that blocks the gates of the base. In a country where political demonstrations are often banned, unlike powerful religions, the tactic has produced an inspiring spectacle.

One of the leaders, Father Mun Jeong-hyeon, told me, “I sing four songs every day at the base, regardless of the weather. I sing in typhoons -- no exception. To build this base, they destroyed the environment, and the life of the villagers, and we should be a witness to that. They want to rule the Pacific. They want to make China isolated in the world. They want to be emperor of the world.”

I flew from Jeju to Shanghai for the first time in more than a generation. When I was last in China, the loudest noise I remember was the tinkling of bicycle bells; Mao Zedong had recently died, and the cities seemed dark places, in which foreboding and expectation competed. Within a few years, Deng Xiopeng, the “man who changed China,” was the “paramount leader.” Nothing prepared me for the astonishing changes today.

China presents exquisite ironies, not least the house in Shanghai where Mao and his comrades secretly founded the Communist Party of China in 1921. Today, it stands in the heart of a very capitalist shipping district; you walk out of this communist shrine with your Little Red Book and your plastic bust of Mao into the embrace of Starbucks, Apple, Cartier, Prada.

Would Mao be shocked? I doubt it. Five years before his great revolution in 1949, he sent this secret message to Washington. “China must industrialize.” He wrote, “This can only be done by free enterprise. Chinese and American interests fit together, economically and politically. America need not fear that we will not be co-operative. We cannot risk any conflict.”

Mao offered to meet Franklin Roosevelt in the White House, and his successor Harry Truman, and his successor Dwight Eisenhower. He was rebuffed, or willfully ignored. The opportunity that might have changed contemporary history, prevented wars in Asia and saved countless lives was lost because the truth of these overtures was denied in1950s Washington “when the catatonic Cold War trance,” wrote the critic James Naremore, “held our country in its rigid grip”.

The fake mainstream news that once again presents China as a threat is of the same mentality.

The world is inexorably shifting east; but the astonishing vision of Eurasia from China is barely understood in the West. The “New Silk Road” is a ribbon of trade, ports, pipelines and high-speed trains all the way to Europe. The world’s leader in rail technology, China is negotiating with 28 countries for routes on which trains will reach up to 400 kms an hour. This opening to the world has the approval of much of humanity and, along the way, is uniting China and Russia.

“I believe in American exceptionalism with every fibre of my being,” said Barack Obama, evoking the fetishism of the1930s. This modern cult of superiority is Americanism, the world’s dominant predator. Under the liberal Obama, winner of the Nobel Peace Prize, nuclear warhead spending has risen higher than under any president since the end of the Cold War. A mini nuclear weapon is planned. Known as the B61 Model 12, it will mean, says General James Cartwright, former vice-chairman of the Joint Chiefs of Staff, that “going smaller [makes its use] more thinkable.”

In September, the Atlantic Council, a mainstream US geopolitical think tank, published a report that predicted a Hobbesian world “marked by the breakdown of order, violent extremism [and] an era of perpetual war.” The new enemies were a “resurgent” Russia and an “increasingly aggressive” China. Only heroic America can save us.

There is a demented quality about this war mongering. It is as if the “American Century” -- proclaimed in 1941 by the American imperialist Henry Luce, owner of Time magazine -- has ended without notice and no one has had the courage to tell the emperor to take his guns and go home.

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The Standing Rock Sioux Will Be Ready to Take a Trump Challenge to Courts Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=39043"><span class="small">Rebecca Leber, Grist</span></a>   
Tuesday, 06 December 2016 15:36

Leber writes: "In the wake of the Obama administration's surprise decision to block a portion of the Dakota Access Pipeline, company reps seem confident they need only wait for President-elect Trump to keep building. But the lawyer who represents the Standing Rock Sioux says it won't be so easy to overcome the legal hurdles."

The protests at Standing Rock. (photo: Lucas Jackson/Reuters)
The protests at Standing Rock. (photo: Lucas Jackson/Reuters)


The Standing Rock Sioux Will Be Ready to Take a Trump Challenge to Courts

By Rebecca Leber, Grist

06 December 16

 

n the wake of the Obama administration’s surprise decision to block a portion of the Dakota Access Pipeline, company reps seem confident they need only wait for President-elect Trump to keep building. But the lawyer who represents the Standing Rock Sioux says it won’t be so easy to overcome the legal hurdles.

“If an agency decides that a full environmental review is necessary, it can’t just change its mind with a stroke of a pen a few weeks later,” EarthJustice attorney Jan Hasselman told Grist. “That would be violation of the law, and it’s the kind of thing that a court would be called upon to review. It doesn’t mean they’re not going to try.”

Trump could force the pipeline through along the dispute route at Lake Oahe. He technically could ignore the Corps’ decision to fulfill a public Environmental Impact Statement with his newfound executive powers, but that might not be wise.

“He could in the sense that you can rob a bank, but you’d get in trouble,” Hasselman said.

If that were the case, Standing Rock would be prepared to take the matter to courts again, their lawyer told Grist.

“Circumventing the environmental assessment now that the agency has determined it’s the right course of action shouldn’t pass muster under legal standards,” he added.

For example, the Ninth Circuit has ruled that federal agencies can’t just flip on a dime on settled rulemaking that is based on facts because a new administration has taken over. The Supreme Court this year declined to take up the case, leaving the Circuit’s decision standing that the Bush administration couldn’t exempt the Tongass rainforest in Alaska from a conservation rule, when the agency’s fact-finding found otherwise.

Unless a conservative Supreme Court reverses course, then Standing Rock still has that advantage in a Trump era.

Going further to weaken environmental regulations overall would require a more robust change to the law with congressional action. With the law on their side for now, environmental justice advocates could challenge administration decisions just as they did in the Bush administration. (Talk about government interference: Trump is reportedly also considering privatizing oil-rich Native American land to boost oil companies.)

Energy Transfer Partners has its share of options, too — even if Trump didn’t reverse the decision, it could still sue to maintain the current route.

One of the surer bets on what’s next is that the company is going to have to wait longer to build its pipeline than it originally intended. Energy Transfer Partners wanted it to be operational by the end of the year. If the Corps decision holds, it could potentially be tied up as long as a year or two. It would have to undergo a full environmental assessment of route alternatives, which is the traditional way government agencies solicit input from the public and weigh the pros and cons of environmentally risky projects.

The pipeline is far from dead. But it’s also far from a sure thing.

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FOCUS: Trump's Seven Techniques to Control the Media Print
Tuesday, 06 December 2016 13:00

Reich writes: "Democracy depends on a free and independent press, which is why all tyrants try to squelch it. They use seven techniques that, worryingly, President-elect Donald Trump already employs."

Former Clinton labor secretary Robert Reich. (photo: Steve Russell/Toronto Star)
Former Clinton labor secretary Robert Reich. (photo: Steve Russell/Toronto Star)


Trump's Seven Techniques to Control the Media

By Robert Reich, Robert Reich's Blog

06 December 16

 

emocracy depends on a free and independent press, which is why all tyrants try to squelch it. They use seven techniques that, worryingly, President-elect Donald Trump already employs.

1. Berate the media. Last week, Trump summoned two-dozen TV news anchors and executives to the twenty-fifth floor of Trump Tower to berate them for their reporting about him during the election. For twenty minutes he railed at what he called their “outrageous” and “dishonest” coverage. According to an attendee, “Trump kept saying, ‘we’re in a room of liars, the deceitful dishonest media who got it all wrong,’” and he called CNN a “network of liars.” He accused NBC of using unflattering pictures of him, demanding to know why they didn’t use “nicer” pictures.

Another person who attended the meeting said Trump “truly doesn’t seem to understand the First Amendment. He thinks we are supposed to say what he says and that’s it.”

2. Blacklist critical media. During the campaign, Trump blacklisted news outlets whose coverage he didn’t approve of. In June he pulled The Washington Post’s credentials. “Based on the incredibly inaccurate coverage and reporting of the record setting Trump campaign, we are hereby revoking the press credentials of the phony and dishonest Washington Post,” read a post on Trump’s Facebook page.

After the election Trump agreed to meet with the New York Times and then suddenly cancelled the meeting when he didn’t like the terms, tweeting “Perhaps a new meeting will be set up with the @nytimes. In the meantime they continue to cover me inaccurately and with a nasty tone!” (He then reversed himself again and met with the Times.)

3. Turn the public against the media. Trump refers to journalists as “lying,” “dishonest,” “disgusting” and “scum.” Referring to the journalists at his rallies, Trump said, “I hate some of these people,” adding (presumably in response to allegations of Vladimir Putin’s treatment of dissident journalists) “but I’d never kill ‘em."

He questions the press’s motives, claiming, for example, that The Washington Post wrote negative things about him because its publisher, Jeffrey Bezos, a founder of Amazon, “thinks I would go after him for antitrust.” When the New York Times wrote that his transition team was in disarray, Trump tweeted that the newspaper was "just upset that they looked like fools in their coverage of me” during the presidential campaign.

4. Condemn satirical or critical comments. Trump continues to condemn the coverage he’s received from NBC’s “Saturday Night Live.” In response to Alex Baldwin’s recent portrayal of him as overwhelmed by the prospect of being president, Trump tweeted that it was a “totally one-sided, biased show – nothing funny at all. Equal time for us?”

When Brandon Victor Dixon, the actor who plays Aaron Burr in the Broadway musical “Hamilton,” read from the stage a message to Vice President-elect Mike Pence, who was in the audience – expressing fears about the pending Trump administration for the “diverse group of men and women of different colors, creeds and orientations” on the cast – Trump responded angrily. He tweeted that Pence had been “harassed,” and insisted that the cast and producers of the show, “which I hear is highly overrated,” apologize.

5. Threaten the media directly. Trump said he plans to change libel laws in the United States so that he can have an easier time suing news organizations. “One of the things I’m going to do if I win … I’m going to open up our libel laws so when they write purposely negative and horrible and false articles, we can sue them and win lots of money.”

During the campaign, Trump specifically threatened to sue the Times for libel in response to an article that featured two women accusing him of touching them inappropriately years ago. Trump claimed the allegations were false, and his lawyer demanded that the newspaper retract the story and issue an apology. Trump also threatened legal action after the Times published and wrote about part of his 1995 tax return.

6. Limit media access. Trump hasn’t had a news conference since July. He has blocked the media from traveling with him, or even knowing whom he’s meeting with. His phone call with Vladimir Putin, which occurred shortly after the election, was first reported by the Kremlin.

This is highly unusual. In 2000, President-elect George W. Bush called a press conference three days after the Supreme Court determined the outcome of the election. In 2008, President-elect Obama also meet with the press three days after being elected.

7. Bypass the media and communicate with the public directly. The American public learns what Trump thinks through his tweets. Shortly after the election, Trump released a video message outlining some of the executive actions he plans to take on his first day in office.

Aids say Trump has also expressed interest in continuing to hold the large rallies that became a staple of his candidacy. They say he likes the instant gratification and adulation that the cheering crowds provide.

The word “media” comes from “intermediate” between newsmakers and the public. Responsible media hold the powerful accountable by asking them hard questions and reporting on what they do. Apparently Trump wants to eliminate such intermediaries.

Historically, these seven techniques have been used by demagogues to erode the freedom and independence of the press. Even before he’s sworn in, Trump seems intent on doing exactly this.

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FOCUS: Iowans Celebrate Pipeline Delay While Continuing to Fight Print
Tuesday, 06 December 2016 11:34

Galindez writes: "The U.S. Army Corps of Engineers announced on Sunday that they have denied the final permit for the Dakota Access Pipeline to be constructed under Lake Oahe. On Monday, Iowans rallied to celebrate this temporary victory and demand that the Iowa Utilities Board take similar action to protect Iowans and their water resources from the Dakota Access Pipeline by revoking their permit in Iowa."

People protesting the Dakota Access Pipeline along the Mississippi River in Iowa. (photo: Jim Arenz/The Des Moines Register)
People protesting the Dakota Access Pipeline along the Mississippi River in Iowa. (photo: Jim Arenz/The Des Moines Register)


Iowans Celebrate Pipeline Delay While Continuing to Fight

By Scott Galindez, Reader Supported News

06 December 16

 

he U.S. Army Corps of Engineers announced on Sunday that they have denied the final permit for the Dakota Access Pipeline (DAPL) to be constructed under Lake Oahe north of the Standing Rock Reservation. On Monday, Iowans rallied to celebrate this temporary victory and demand that the Iowa Utilities Board (IUB) take similar action to protect Iowans and their water resources from the Dakota Access Pipeline by revoking their permit in Iowa.

This decision forces a “re-route” of the Dakota Access Pipeline in North Dakota around Lake Oahe and the tribal lands of the Standing Rock Sioux. Furthermore, it will require an Environmental Impact Statement for any new proposed route, which will take months to complete.

Bold Iowa director Ed Fallon told WHO News, “Protestors have won a key battle, but the fight isn’t over. I wasn’t surprised, but I was still elated, I was ecstatic, I could hardly talk. I’ve been expecting all along that we’re going to win. I really have. I’ve had that feeling all along that we’re going to stop this, partly because I’m a big believer that truth eventually prevails.”

What does this mean for Iowa? In a mailing to members, Iowa CCI said, “It means there is time to keep organizing and building the power needed to stop DAPL once and for all. It means it will be months before Dakota Access can identify and begin construction on a new route and it means work to keep oil from flowing through the pipeline will continue. The group expects President-elect Trump, who owns investments in this pipeline, to try to roll back the Army Corp of Engineers’ decision.

A few dozen protesters gathered at noon outside the IUB.

“We’re going to let them know that they can make this right by immediately revoking the permit and telling Dakota Access they’re no longer welcomed in Iowa,” said Kari Carney of 1,000 Friends of Iowa.

Following a short rally outside, the group delivered a letter to the Iowa Utilities Board calling for the permit to be revoked.

“For far too long, big oil has acted like they are God,” said Carney. “Our elected officials and government agencies have kowtowed to them, and let them do whatever they want.”

Don Tormey, the board’s communication director. accepted the letter from the activists and took questions for close to 30 minutes. Tormey did not immediately respond to the questions but did respond in writing:

1) When will you revoke the permit?

The Board’s Final Decision and Order of March 10, 2016, regarding construction of the Dakota Access pipeline, is part of a lawsuit now before the District Court in Polk County. Due to this litigation status, the Board is unable to comment on ongoing litigation.

2) Does yesterday’s decision change anything?

It appears the effect of the decision is limited to North Dakota.

3) Was there an environmental impact conducted for Iowa?

The Board addressed environmental issues, including the environmental impact report in its “Final Decision and Order” issued on March 10, 2016, (see attached PDF). Please review pages 47-54 and pages 91-107. The Board also required Dakota Access to file additional information in their Ordering Clauses starting on page 153. The environmental impact report issue was previously presented, considered, and rejected, in the Board’s “Order Denying Motion To Require Environmental Impact Report” issued in this docket (Docket No. HLP-2014-0001) on October 5, 2015 (attached). As the Board stated in that order, there is no explicit legal requirement, in statute or in rule, for an independent environmental impact report as a part of this proceeding.

4) There was testimony about jobs for Iowans, has the Board checked to see if that testimony is accurate?

The Board addressed economic impact on page 46 of its March 10 order.

5) What were the problems associated with the construction near and under the Des Moines river?

The Board has confirmed that construction equipment at this site was moved around and swapped out due to a construction crew being replaced by Dakota Access, and Precision (DA’s sub-contractor) was assigned to take over at this site.

6) At the Des Moines river site, there was word that 3 drillings were made. What happened to those? Is there structural damage to the river bed or to the future of those holes as a result?

Inspections are under the jurisdiction of the U.S. Department of Transportation Pipeline and Hazardous Material Safety Administration (PHMSA).

7) If eminent domain was used in this process, why was there no environmental impact statement for those parcels?

Use of eminent domain does not require completion of an environmental impact statement. Also attached is a copy of the Board’s FAQ’s document on eminent domain for your review.

8) Long term, if the pipeline is no longer needed or if it becomes unusable, what is the plan to deal with the pipe? Who pays to take it out of the ground?

This is addressed in Iowa Code 479B.32. If the pipeline must be taken out of the ground, it would be at the expense of Dakota Access.

9) If the answers provided are vague, when will a meeting be held to clarify the answers?

The Board is providing the most up to date information to all of your questions as of today.

10) Shouldn’t Dakota Access stop construction while the litigation involving the permit is pending?

The Board is investigating complaints regarding construction and any potential violations as they are filed with the Board and, if any person decides to file a complaint, the board will follow the procedures required by Iowa law and Board rules in addressing the issues raised in that complaint. The Board held a proceeding August 25, 2016, to discuss a motion for emergency stay of the Board’s March 10, 2016, “Final Decision and Order” that was filed by petitioners concerning the Dakota Access pipeline, Docket HLP-2014-0001. After hearing from the parties, the Board voted to deny the motion for stay pursuant to Board rule 7.28.

11) Why is there the bigger question of litigation and the Board being unable to comment on the permit?

The Board’s Final Decision and Order of March 10, 2016, regarding construction of the Dakota Access pipeline, is part of a lawsuit now before the District Court. Due to the litigation status, the Board is unable to comment on ongoing litigation.

12) What are the specifics to ensure damage to landowners is mitigated and compensated?

There is specific language addressing DAMAGES in Iowa Code 479B.

13) Why is the parent company’s refusal to sign the guarantees for cleanup not stopping the project? If the parent companies won’t pay for the cleanup, will it fall on the backs of the Iowa taxpayers?

The Utilities Board issued an ORDER REGARDING POTENTIAL CORPORATE REORGANIZATION today for your review and noting that in the Board’s “Final Decision and Order” issued on March 10, 2016, the Board required that Dakota Access, LLC (Dakota Access), file certain parent company financial guarantees as a condition of issuance of a permit pursuant to Iowa Code chapter 479B. The Board is not aware of any refusal to sign the parental guarantees. Energy Transfer Partners, L.P., and Phillips 66 Company filed.

14) Why did the IUB violate its own parameters in allowing Dakota Access to construct without having all of its permits in place?

Please review the Board’s June 7, 2016, “Order Granting Motion,” in which the Board granted Dakota Access’ request to start pipeline construction in areas outside USACE jurisdiction. A subsequent filing by Dakota Access on July 26, 2016, the Iowa verification letter, for pre-construction notifications/verifications from the U.S. Army Corps of Engineers (USACE) as required by that Board order met the requirements set forth by the Board.

15) In the event of pipeline leaking, is the company responsible for remediation as is required for hog confinements?

Dakota Access is responsible for remediation under the applicable federal statutes.

16) Are farmers responsible for inspecting the pipeline?

No, inspections are under the jurisdiction of the U.S. Department of Transportation Pipeline and Hazardous Material Safety Administration (PHMSA). Landowners have received information about whom to contact in the event that they suspect a leak or other event with the pipeline has occurred.

17) The pipeline pressure notification system won’t go off for small leaks, what happens then? Is the farmer responsible for those?

Dakota Access will be responsible for any leaks.

18) When the IUB gets answers, will you share those with the Board?

The Board is providing the most up to date information to you today.

19) Have there been any applications from out-of-state corporations to put in pipeline?

Could you please clarify if this question is regarding any current applications with the Board or have any ever been filed?

The lawsuit that Tormey was referring to will finally make it to court on December 15th. Pipeline fighters are meeting at 8 a.m. outside the courthouse in Des Moines to support the landowners who are suing the Utility Board. The landowners’ chief complaint is that eminent domain was illegally used to access their land for private gain.

While the construction is nearly complete in Iowa, pipeline opponents continue to fight on, vowing to make sure no oil ever flows through the pipe already in the ground. On Wednesday there will be a non-violence training at the Des Moines Catholic Worker followed by a direct action at the Iowa Utilities Board. For more information go to http://iowacci.org/.



Scott Galindez attended Syracuse University, where he first became politically active. The writings of El Salvador's slain archbishop Oscar Romero and the on-campus South Africa divestment movement converted him from a Reagan supporter to an activist for Peace and Justice. Over the years he has been influenced by the likes of Philip Berrigan, William Thomas, Mitch Snyder, Don White, Lisa Fithian, and Paul Wellstone. Scott met Marc Ash while organizing counterinaugural events after George W. Bush's first stolen election. Scott will be spending a year covering the presidential election from Iowa.

Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.

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