Human Rights

By John Grant

For the past week I’ve been talking with anyone I could shoehorn about the shooting death of Miriam Carey on the streets of Washington DC. As with any homicide -- and that’s how it would be classified for the autopsy -- there are differing opinions and mitigating circumstances to consider.

For instance, the mitigating circumstance most articulated by officialdom and the media to justify the killing of Miriam Carey is that the threat of terrorism is in the forefront of the minds of police officers in the nation’s capital, where 17 days earlier a random gunman had murdered 12 people at the Navy Yard.

Cross-Posted from DeSmogBlog

In a major ruling that's flown under the radar, the U.S. Court of Appeals for the Tenth Circuit - based in Denver, Colorado - decided not to grant the Sierra Club and Clean Energy Future Oklahoma a temporary injunction on the construction of the southern half of Transcanada's Keystone XL tar sands export pipeline. 

The Court's decision hinged on an "injury" balancing test: Would Transcanada be hurt more financially from receiving an injunction? Had it lost, it would be stuck with one until Sierra Club, et al receive a U.S. District Court decision on the legality of the U.S. Army Corps of Engineers' decision to grant Transcanada a Nationwide Permit 12 (NWP 12) for construction of what's now called the Gulf Coast Pipeline in February 2012. 

Or would ecosystems suffer even greater and potentially incalculable damage from the 485-mile, 700,000 barrels per day pipeline crossing 2,227 streams?

In a 2-1 decision, the Court sided with Transcanada, and by extension, the U.S. Army Corps of Engineers. The Court ruled, "the threatened environmental injuries were outweighed by the financial harm that the injunction would cause Transcanada."

Commenting on the case brought by Sierra Club, et al, Judge Jerome A. Holmes and Judge Paul J. Kelly, Jr. - appointees of President George W. Bush and President George H.W. Bush, respectively - shot down the arguments sharply.

U.S. Appeals Court for the 10th Circuit Judge Jerome A. Holmes; Photo Credit: The White House

Holmes and Kelly ruled that Sierra Club, et al failed to show how the pipeline will have a significant environmental impact despite the fact it's been deemed a "fuse to the biggest carbon bomb on the planet" by retired NASA climate scientist James Hansen. 

Construction of Keystone XL's southern half - subject of significant grassroots activism by the Tar Sands Blockade and others - is now nearly complete. Tar sands dilbit is slated to begin to flow through it in early 2014. 

NWP 12: "New Normal" for Tar Sands Pipeline Approval

After protestors succeeded initially in delaying Keystone XL, Big Oil has chosen a "new normal" stealth approval method: the non-transparent NWP 12. 

This avoids the more strenuous National Environmental Protection Act permitting process overseen by the Environmental Protection Agency (EPA), which requires public hearings and public comments for major federal pipeline projects. NEPA compels the EPA to take comments into account in response throughout the Environmental Impact Statement phase, allowing robust public participation in the process.

Sierra Club Staff Attorney Doug Hayes explained in an interview with DeSmogBlog that NWP 12 is for utility projects with up to a half an acre of stream or wetland impacts, and has never been used for tar sands pipelines before Keystone XL's southern half.

The southern half of the pipeline was approved via Executive Order by President Barack Obama in March 2012, directly after Obama gave a speech in front of a Cushing, OK pipeyard.

President Barack Obama speaks in Cushing, OK in March 2013; Photo Credit: White House

"The Corps is abusing the nationwide permit program. Nationwide permits were intended to permit categories of projects with truly minimal impacts, not tar sands oil pipelines crossing several states," said Hayes. 

Utilizing tricky legal loopholes, Transcanada used NWP 12 to push through Keystone XL's southern half in February 2012, calling each half acre segment of Keystone XL's southern half a "single and complete project." The Army Corps of Engineers agreed despite the fact that Transcanada refers to the pipeline at-large as the "Gulf Coast Pipeline project."

"What the Corps is doing is artificially dividing up these massive pipelines, treating them as thousands of individual projects to avoid environmental review," Hayes explained. "In this case, there were 2,227 crossings of federal waterways, so the Corps has treated the Gulf Coast Pipeline as 2,227 'single and complete projects,' each of which qualifies under NWP 12."

Sierra Club Staff Attorney Doug Hayes; Photo Credit: Sierra Club

Why, I asked Hayes? 

"The Corps artificially treats these massive pipelines as thousands of individual projects so as to qualify under NWP 12 and avoid NEPA compliance."

NWP 12 has also been utilized by Enbridge for the Flanagan South Pipeline, a 600-mile, 600,000 barrels per day pipeline set to shuttle tar sands crude from Flanagan, IL to Cushing, OK, crossing over 2,000 streams. That pipeline is scheduled to begin operations in mid-2014, demonstrating how NWP 12 is the "new normal" way to fast-track domestic tar sands pipelines. 

Dissent: Laws Violated, Economic Harm Transcanada's Fault

Perhaps the biggest irony of the Appeals Court decision is that Judges Holmes and Kelly barely grappled with the central issue of the legal challenge to begin with: using NWP 12 rather than going through the NEPA process. 

"The majority opinion avoided addressing the legal questions that are central to this lawsuit - whether the Corps violated the law in permitting this pipeline - and instead it was based on how much money a delay in construction would cost TransCanada," said Hayes. 

Though Judges Holmes and Kelly stayed mum about these issues, dissenting U.S. District Court for the District of Colorado Judge William Martínez - an Obama appointee - did not, pulling no punches in doing so. 

U.S. District Court for the District of Colorado Judge William Martínez; Photo Credit: Judgepedia

"Given the totality of the circumstances...I believe the...Gulf Coast Pipeline required a comprehensive NEPA analysis," Martínez wrote.

"There are also no specific findings in support of the Corps' conclusion that the Gulf Coast Pipeline, as a whole, would have minimal cumulative impact. The failure to consider the cumulative effects of all of the water crossings involved in the Gulf Coast Pipeline violates the terms of NWP 12, and, therefore, the approval of the use of NWP 12 for construction of the Gulf Coast Pipeline violated the law." 

Though Judges Holmes and Kelly grappled with the issue of water crossings - belittling the amount of water Keystone XL's southern half would cross over - Martínez said it's about much more than just water. 

There is "real and signifcant harm caused by the actual construction of the pipeline, including the clearing of trees and vegetation, removing topsoil, filling wetlands, building access roads, and clearing an eighty-five foot construction right-of-way for the length of the pipeline," he stated.

Hayes agreed with this assessment, pointing to examples of things the Judges simply ignored in their assessment. 

"[T]he court's balancing test ignored the host of environmental impacts associated with this pipeline, including the risks of tar sands oil spills," said Hayes.

"Remember that the 2010 tar sands pipeline spill in Michigan is still being cleaned up, and so far has cost over a billion dollars. It's a bit of a Catch-22 to say that this is all just about a few acres of wetlands loss, when the whole point of this lawsuit is that the Corps avoided analyzing any of the pipeline's environmental impacts as required by NEPA."

Lastly, Martínez put the onus on Transcanada for its economic decision-making.

"Transcanada chose to incur its economic harm by entering into contracts for services before the Gulf Coast Pipeline was approved, even in light of the controversial nature of the Pipeline," said Martínez (emphasis his).

U.S. District Court Decision Forthcoming, Activism Persists 

Sierra Club, et al now await a summary judgment from the U.S. District Court for the District of Colorado on whether Keystone XL failed the dictates of NEPA. It's a key decision, Hayes says, because "a ruling in our favor could prevent the Corps from doing this in the future."

While they await this lower court judgment, activists continue efforts to fend off these pipeline projects. 

"This decision yet again demonstrates why direct action is necessary. The permitting process for Keystone XL's southern leg was illegal, yet regulators, inspectors, Obama, and the courts are failing to do what is necessary to protect the people and ecosystems threatened by this toxic pipeline," said Ron Seifert, a Tar Sands Blockade spokesman. 

"If all the branches of government are so helplessly captured by industry that they will do nothing to stave off climate change, then the people must rise up and take the defense of the environment into their own hands."

Photo Credit: tankist276 | ShutterStock

Cross-Posted from DeSmogBlog

 Photo Credit: U.S. National Oceanic and Atmospheric Administration | Wikimedia Commons

Today, President Barack Obama addressed the United Nations. Much of his talk concerned the current situation in Syria, but he also touched on the Israeli occupation of Palestine.

Yet even Mr. Obama’s pretty words and soaring oratory were unable to camouflage his extreme pro-Israel bias, as he spouted nonsense that he and his predecessors have all said before. A look at just a few of his statements is informative.

• “I’ve made it clear that the United States will never compromise our commitment to Israel’s security, nor our support for its existence as a Jewish state.”

This apparently means that, unlike Syria, which isn’t allowed by the U.S. to use chemical weapons, the U.S.’s commitment to Israel is unconditional: Israel can commit the most shocking and brutal human rights violations, and the U.S. will still continue to give it billions of dollars every year.

For a timely explanation of the crisis of the militarization of America, days after popular opposition, in a historic first, blocked a US war -- in this case against the sovereign nation of Syria -- check out this film by Lanny Cotler and Paul Edwards of Class War Films

To view the film, please go to: www.thiscantbehappening.net

Interview by Dave Lindorff

As Syrian expatriate Dr. Rim Turkmani was watching President Barack Obama give his brief nationally televised address to the American people and the people of the world last night, she says she had two contradictory feelings. “I felt good that it was not a war speech,” says this British-based member of the political office of an organization called The Syrian State Current, a movement that is seeking non-violent democratic change in Syria. “But what upset me was his repeated referring to what is happening in Syria as a ‘civil war.’ There is an element of civil war in the violence in Syria, but more importantly it is a proxy war between the US and Russia, and it has to be acknowledged that the US and Russia are the key players.”

By Dave Lindorff

In what NPR called “perhaps President Obama’s last best chance” to make his case for launching a war against Syria, the president tellingly didn’t make a single effort to present hard, compelling evidence to prove that Syrian dictator Bashar al-Assad had been behind the alleged Sarin Aug. 21 attack on residents of a suburb of Damascus.

Not one piece of evidence.

Cross-Posted from FireDogLake

On September 9, former Central Intelligence Agency (CIA) Director David Petraeus -- who also formerly headed the North Atlantic Treaty Organization’s (NATO) International Security Assistance Force for operations in Iraq and Afghanistan and co-wrote the Counterinsurgency Field Manual -- began a new job as an adjunct professor at City University of New York (CUNY) Macaulay Honors College.

By Dave Lindorff

The document released on the White House web site to “prove” to the American people that the Syrian government had used poison gas -- allegedly the neurotoxin Sarin -- to kill hundreds of civilians, is so flawed and lacking in real proof that if it were being used to make a case against a terrorist group it would be too weak to justify an indictment.

  The routine never varies here, so I was startled when there was a knock, followed immediately by a key turning in the door.  “It’s not time for breakfast yet,” I told Henry, the massive attendant.

“Get dressed anyway,” he told me.  “The Director wants you in his office in fifteen minutes.”

By Dave Lindorff

Right now I’m thinking about William Laws Calley. 

By Dave Lindorff

It is becoming perfectly clear that the outrageous detention of American journalist Glenn Greenwald’s Brazilian partner David Miranda by British police during a flight transfer at London’s Heathrow Airport was, behind the scenes, the work of US intelligence authorities.

Cross-Posted from Mint Press News

Nearly two months ago, former National Security Agency (NSA) contractor-turned-whistleblower Edward Snowden handed smoking-gun documents on the international surveillance apparatus to The Guardian andThe Washington Post in what’s become one of the most captivating stories in recent memory.

By John Grant

 
Watching the White House squirm over the on-going massacres in Egypt one doesn’t know whether to laugh, cry or resort to the vaudevillian method and throw rotten vegetables at them.

President Obama's “condemnation” of the Egyptian military’s massacre of civilians sounded like obligatory ass-covering. Then there was the slippery boiler-plate verbiage spouted by the White House’s new spokesman with the wonderfully apropos name of Josh Earnest. I wouldn't josh you, that's his name. And trust me, he’s the personification of earnestness.

By Dave Lindorff

By Dave Lindorff

Okay, I admit it. I helped my father last year to die quicker in a Connecticut rehab center, and I was also witness to an assisted suicide in New York.

It’s time that we put this stuff out in the open and stopped the brutal prosecutorial nonsense around this issue.

Lynne Stewart Petitions for Release

by Stephen Lendman

A personal note. Lynne's a friend. So is husband Ralph Poynter. Before her imprisonment, they came on my radio program. We discussed her case.

Ralph's been on several times since. He's invited back any time on short notice. Justice for Lynne matters most. She's one of America's best. 

By John Grant

Every generation occupies itself with interpreting Trickster anew.

                      -Paul Radin

CNN reported on August 2 that Secretary of State John Kerry made some rather startling remarks regarding drone strikes. A look at a few of these remarks is instructive

Remark 1:  “Following talks with the Pakistani government, Secretary of State John Kerry said the United States is making progress in the war on terror, and hopes to end the use of drone strikes ‘very soon.’”

This apparently means that the U.S., which has waged a war of terror for several years now, is making so much progress in doing so that drone strikes will no longer be required to kill and terrorize innocent people.

Remark 2: Regarding ending the strikes, Mr. Kerry said this: “We hope it's going to be very, very soon.” In this statement, he seems to indicate that ending the strikes is something outside of the control of the U.S. government; he ‘hopes’ the strikes will end soon.

By Dave Lindorff

The New York Times, in an editorial published the day after a military judge found Pvt. Bradley Manning “not guilty” of “aiding the enemy” -- a charge that would have locked him up for life without possibility of parole and could have carried the death penalty -- but also found him guilty on multiple counts of “espionage,” called the verdict “Mixed.” Not guilty of aiding the enemy, guilty of espionage.

By Alfredo Lopez

The Bradley Manning verdict may seem a victory of sorts for the defense -- it's certainly being treated that way in the mainstream media -- but the decision handed down Tuesday by Court Marshal Judge Colonel Denise Lind is actually a devastating blow not only to Manning, who was convicted of unjustifiably serious charges brought by an aggressive administration seeking to make an example of him, but also to Internet activity in general and information-sharing in particular.

By John Grant

By Dave Lindorff

I have been deeply ashamed of my country a number of times. The Nixon Christmas bombing of Hanoi and Haiphong was one such time, when hospitals, schools and dikes were targeted. The invasion of Iraq was another. Washington’s silence over the fatal Israeli Commando raid on the Gaza Peace Flotilla--in which a 19-year-old unarmed American boy was murdered--was a third.  But I think I have never been as ashamed and disgusted as I was today reading that US Attorney General Eric Holder had sent a letter to the Russian minister of justice saying that the US would “not seek the death penalty” in its espionage case against National Security Agency whistleblower Edward Snowden, promising that even if the US later brought added charges against Snowden after obtaining him, they would not include any death penalty, and vowing that if Snowden were handed over by Russia to the US, he would “not be tortured.”

So it has come to this: That the United States has to promise (to Russia!) that it will not torture a prisoner in its control -- a US citizen at that -- and so therefore that person, Edward Snowden, has no basis for claiming that he should be “treated as a refugee or granted asylum.”

Why does Holder have to make these pathetic representations to his counterpart in Russia? 

Because Snowden has applied for asylum saying that he is at risk of turture or execution if returned to the US to face charges for leaking documents showing that the US government is massively violating the civil liberties and privacy of every American by monitoring every American’s electronic communications.

Snowden has made that claim in seeking asylum because he knows that another whistleblower, Pvt. Bradley Manning, was in fact tortured by the US for months, and held without trial in solitary confinement for over a year before being finally put on trial in a kangaroo court, where the judge is as much prosecutor as jurist, and where his guilt was declared in advance by the President of the United States -- the same president who has also already publicly declared Snowden guilty too...

For the rest of this article by DAVE LINDORFF inThisCantBeHappening!, the new independent three-time Project Censored Award-winning online alternative newspaper, please go to:www.thiscantbehappening.net/node/1888

By Dave Lindorff 

Ah, the rule of law. How often we hear our government leaders angrily demand that the rest of the world adhere to this sacred stricture, most recently as it demands that countries -- even countries with which the US has signed no extradition treaty like Russia or China -- honor the US charges leveled against National Security Agency whistleblower Edward Snowden and send him to the US for trial.

By John Grant

We now have clarity from a full-bird colonel in judicial robes that Bradley Manning is to be charged with “aiding the enemy.” OK, not much of a surprise here. Colonel Denise Lind’s ruling seems pretty predictable.

A U.S. District Judge not only doesn't know what torture is, she doesn't know her own history.

By Dave Lindorff

The Snowden saga continues to get weirder.

By Linn Washington Jr.

I received the text message from my buddy blasting the acquittal of George Zimmerman minutes before I boarded an airplane in London in route to South Africa.

To say I was not surprised by the acquittal handed down by the predominately white, all-female jury is an understatement. 

By  Dave Lindorff

In Edward Everett Hale's short story "The Man Without a Country," US Army Lt. Philip Nolan, following a court-martial, is exiled from his country, his citizenship snatched away, leaving him doomed to sail the seven seas confined to a Navy vessel, unable to make any country his home. His crime: being seduced by a treacherous leader to betray the US of A, the country of his birth.

By John Grant

When people think of Florida, they think of oranges and pink flamingos, palm trees and beaches, the blue-green ocean. They think of Disney and margaritas. ... But it has a feral heart, a teeming center that would rage out of control if not for the concrete and rebar that keeps it caged.

  -Lisa Unger, from Black Out