Meanwhile, in the land of the less and less free

Prosecutors and defense attorneys have only just begun to wrestle over the facts in an unprecedented series of felony trials stemming from the mass round-up arrest of hundreds of protesters on Inauguration Day. The federal government is arguing that everyone charged was an active participant, provoking alarming notions of collective punishment, but video evidence and media reports indicate that many caught in the mass arrest were not organized Antifa disrupters but rather onlookers caught in a dragnet.

[...]

A serious felony case against someone who says he was conducting constitutionally protected journalism puts the whole of the reporting profession at some real risk, with years yet to go in a presidency that’s already galvanizing unusual levels of street unrest.

[...]

The serial tech hang-ups gave the proceedings an air of farce. But what’s going on in that room is no remedial IT lesson. The government’s case puts the protections embedded at the very top of the Bill of Rights under serious duress.

[...]

Lawyers from each side struggled Tuesday to work up any kind of rhythm in their questioning because of the repeated interruptions necessary to navigate the gigantic pile of video evidence the government is relying upon. One might expect a serious felony trial involving thousands of gigabytes of video data covering hours of chaos in the streets to have some state-of-the-art system for playback — or at least the kind of pre-cut clips common on sports highlights shows.

[...]

Wonky HDMI cables, rechargeable wireless headsets and frozen laptops repeatedly left the well-meaning but often confused attorneys to spar with technology more than with each other.

[...]

A glitch in the courtroom systems caused the volume to automatically snap back to zero each time a user switched from one video to another or turns the screens off and back on.

[...]

Lawyers examining witnesses consistently shut off the courtroom’s half-dozen large video screens when they weren’t needed.

Or at least, they tried. The glowing rectangles didn’t always cooperate. At one point when the screens were supposed to be dark, the Microsoft Windows lock screen showed up on all the monitors. The background image was an artsy stock photo of small loaves of bread cooling on a drying rack.

[...]

The system befuddled defense attorneys just as much during their attempts at cross-examination. When one of the six defendants’ lawyers sought to play back video for a Metropolitan Police Department officer, her colleague’s computer froze up and only played sound. As the team tried to figure it out, Judge Lynn Leibovitz leaned toward their table and suggested they all “might want to get a tech person.”

  Think Progress

And to think, innocent bystanders and journalists in danger of being sent to prison for decades are what's at stake.

And in other "free speech" news...

“An Act to preserve the use of public land, to ensure free travel, to enhance emergency response, and to declare an emergency” passed both chambers of South Dakota’s legislature and was signed into law by the governor in March 2017. This legislation allows him to establish “public safety zones,” in which protest activities can be limited and violators could face jail time.

[...]

“My administration brought this bill to protect those who want to peacefully exercise their First Amendment rights, as well as the people who reside in and travel through our state,” the Governor said in a press release. “Legislators on both sides of the aisle voted to support this bill and I appreciate their recognition of the urgency of this issue.”

  Free Speech Project

Legislators on both sides of the aisle should be ashamed of themselves.

SB 176 allows the governor to establish “public safety zones,” in which gatherings of more than 20 people are prohibited. [...] [A] first offense carries a minimum of 10 days, and a second offense within two years would be considered a felony. [...] “The governor respects the rights of peaceful protesters and he knows the vast majority are not violent or dangerous.”  [...]  “The reason for bringing this legislation is the protests in North Dakota and the upcoming construction of the Keystone XL pipeline in South Dakota. Governor Daugaard wants to learn from North Dakota’s experience to be prepared.”

No doubt he'd like to avoid those images of company thugs turning canons of freezing water and vicious dogs on a group of peacefully protesting Native Americans.

Twenty people. "For their own good."  If that doesn't pull the teeth out of a protest, I don't know what will.

Until George W Bush instigated "free speech zones" for protesters, this whole country used to be a free speech zone.  I can't understand what happened to the American people.  What are we so afraid of that we roll over to the continuing march of laws that impede our freedom and shut down our rights? 

But I'm predicting there will be some backlash to this law.

The Pipeline Isn't Even Finished, and Yet...

Not yet fully operational, the controversial Dakota Access Pipeline (DAPL) has leaked more than 100 gallons of oil in North Dakota in two separate incidents.

Two barrels, or 84 gallons, spilled due to a leaky flange at a pipeline terminal in Watford City on March 3, according to the North Dakota Health Department. A flange is a section connecting two sections of pipeline.

[...]

On April 1, mechanical failure caused an 84-gallons oil to leak northeast of Tulare, a tiny town in South Dakota, according to Aberdeen News.

[...]

That means three leak incidents over recent months, adding to South Dakota already substantial record of environmental woes.

[...]

DAPL's operators, Energy Transfer Partners, plans to begin commercial operations June 1.

[...]

The Standing Rock Sioux Tribe had warned about the possibility of leaks and spills from oil pipelines like DAPL and the threats it could pose to their drinking water supply.

The tribe has also asked a judge to declare that the Trump administration's reversal of the environmental study and subsequent issuing of the permits as illegal.

[...]

The decision could take weeks or months.

  RT

So What's Happening with the XL?

Energy Transfer Partners — the company behind the controversial Dakota Access Pipeline — has spilled drilling fluid into two pristine Ohio wetlands this month, according to information reported to the Ohio EPA.

The spills were not related to the Dakota Access Pipeline, and instead occurred while Energy Transfer Partners was constructing a different pipeline that would stretch 710 miles from Appalachia to Ontario, Canada, according to the Washington Post.

[...]

According to Energy Transfer Partners’ reporting to the Ohio EPA, the company spilled as much as 2 million gallons of drilling fluid on April 13, and as much as 50,000 gallons a day later and 100 miles from the first spill.

[...]

In a statement, Energy Transfer Partners denied that the spills would pose a threat to the environment, saying that the drilling fluid is “a nontoxic, naturally occurring material that is safe for the environment,” and is used in common products like lotions and laundry detergents.

[...]

Drilling fluid is used to cool equipment and is not toxic, but it is often mixed with substances like clay, making it mud-like in texture and viscosity. Environmental groups worry that because of that texture, a large enough spill could essentially smother wildlife and ecosystems in the wetlands.

  Think Progress

I worry that the fact they've had two spills this month indicates a lack of care that we might expect with the pipeline project when tar sands are flowing under the Missouri river.

And the possibility of a Trump administration EPA deregulation of reporting requirements.

 ...but hey, do what you want...you will anyway.

XL Pipeline Lawsuit Filed Today

Environmental groups, including the Natural Resources Defense Council, the Bold Alliance and the Sierra Club, filed suit against the federal government on March 30, seeking to stop the Keystone XL oil pipeline.

The suit, filed in federal district court in Montana, where the pipeline will cross the U.S.-Canadian border, claims the State Dept. illegally approved a presidential permit on March 24 that will allow the 1,200-mile TransCanada pipeline to be built.

[...]

The lawsuit follows one filed March 27 by the Indigenous Environmental Network in the same court that also challenged the State Dept. permit.

Both suits claim the March 24 decision to proceed is deficient because it is based on old information — a 2014 supplemental environmental impact statement.

[...]

In addition to the court battles, TransCanada will have to win approval for the pipeline in Nebraska, where the $8-billion line doesn’t yet have an approved route. The state’s public service commission is expected to take until September to review a revised route. TransCanada submitted the revised route application in February. If approved, the pipeline operator would have to initiate eminent domain proceedings against the 10% of landowners who have refused to work with the company. An earlier court decision prohibits TransCanada from taking that action before September.

  ENR

Jesus Christ

I missed this. Probably because I never listen to the Idiot, but I didn't see it printed either.

When Trump announced his permit to continue the TransCanada XL Pipeline, he said it this way:

Today I'm pleased to announce the official approval of the Presidential permit for the Keystone XL Pipeline. It's gonna be    [pause]    an incredible pipeline     [pause]    greatest technology     [pause]     known to man     [pause]     or woman.

What an elegant orator.

Listen to Jeremy Scahill talk with Naomi Klein about the disaster of the Trump administration's policies on the environment.

...but hey, do what you want...you will anyway.

UPDATE:  Lawsuits filed to stop the pipeline.

Trump Approved XL Pipeline, Of Course

The Trump administration has issued a presidential permit to pipeline contractor TransCanada to build the Keystone XL pipeline.

[...]

The State Department said that it determined that building Keystone serves the US national interest, opposing a conclusion the State Department reached during the Obama administration.

[...]

Secretary of State Rex Tillerson recused himself due to his previous work running Exxon Mobil.

  alJazeera

Wasn't much point in that, was there?

...but hey, do what you want...you will anyway.

Another Trump Admin Recusal

Does it say anything that now two of T-Rump's cabinet members have had to recuse themselves from a case? First Sessions, now Tillerson.

US Secretary of State Rex Tillerson has recused himself from issues related to a controversial pipeline project, a state department letter said.

The former chief of oil giant ExxonMobil removed himself from discussions concerning the TransCanada Corporation's application for a permit for the Keystone XL pipeline.

  alJazeera

I guess it's better than having them there and not recusing themselves.

The letter came after Greenpeace wrote to officials on Wednesday, urging Tillerson to recuse himself on decisions regarding the multibillion-dollar pipeline project because ExxonMobil could benefit from its construction.

[...]

"He has not worked on that matter at the Department of State, and will play no role in the deliberations or ultimate resolution of TransCanada’s application," a letter from Katherine McManus, the state department’s deputy legal adviser, read on Thursday.

In both cases, however, whoever is second in line to take on the issues knows very well on which side their bread is buttered.

...but hey, do what you want...you will anyway.

ACLU Fighting Authoritarian USG Moves

The American Civil Liberties Union today filed a motion to quash a warrant issued to police to search a [Bellingham #NODAPL Coalition] Facebook community page for a broad range of information about a local group engaged in protesting the Dakota Access Pipeline and advocating for environmental justice.

The warrant served on Facebook seeks private, sensitive information about people’s political views and opinions, images of political actions, and personal information, including locations. A hearing on the ACLU’s motion is scheduled for Tuesday morning in Whatcom County Superior Court.

  ACLU

Standing Rock Update

US veterans are returning to Standing Rock to support and protect Native American protesters as the Dakota Access Pipeline continues to meet resistance despite President Trump’s executive order to continue construction of the $3.7 billion pipeline.

The veterans are gathering in Cannon Ball, North Dakota, with many on their way.

“We are prepared to put our bodies between Native elders and a privatized military force,” Air Force veteran Elizabeth Williams told the Guardian. “We’ve stood in the face of fire before. We feel a responsibility to use the skills we have.”

[...]

The Veterans Stand group is fundraising for the protesters who continue to resist the pipeline being built by Energy Transfer Partners, and has raised close over $220,000 so far.

[...]

“We’re not coming as fighters, but as protectors,” Jake Pogue, a Marine Corps vet, told the Guardian. “Our role in that situation would be to simply form a barrier between water protectors and the police force and try to take some of that abuse for them.”

  RT

Kudos.

The Power of Money

Thanks to T-Rump

The US military has announced it will allow the $3.8bn Dakota Access oil pipeline to cross under a Missouri River reservoir in North Dakota, dealing a blow to Native Americans and climate activists who have been protesting against the project for months.

The army intends to cancel further environmental study and allow the Lake Oahe crossing as early as Wednesday, according to court documents filed by the Justice Department.

Construction could still be delayed because the Standing Rock Sioux Tribe, which has led opposition to the pipeline, said it would fight the latest development in court.

  alJazeera

...but hey, do what you want...you will anyway.

Battle for Standing Rock Update

The federal government announced Friday that it was dispatching Bureau of Indian Affairs agents to help clear Dakota Access Pipeline protesters from the Standing Rock Sioux reservation.

[...]

Corps officials have said that the extended protests have contributed to soil erosion that could make any potential spring flooding worse.

  WaPo

Now that's a chicken-shit argument if I ever heard one.

The Standing Rock Sioux Tribe had already passed a tribal resolution asking protesters to leave and requesting federal aid in closing the camp.

“In these past few weeks at camp, I see no reflection of our earlier unity, and without unity we lose,” the tribe’s chairman, David Archambault II, said in a statement.

But it's not just a Standing Rock issue, Dave.

The Army Corps has made a decision on the pipeline once before; less than two months ago, it denied the permit, resolving instead to prepare an environmental-impact statement (E.I.S.) evaluating alternative pipeline routes, potential spill risk, and the tribe’s historical treaty rights. On January 18th, the Corps formally announced the E.I.S. in the Federal Register, beginning a public-comment period that will remain open for another three weeks—unless the Corps reverses itself, as it is pressured to do by the Presidential directive, which states that it should “withdraw” the E.I.S. and consider modifying or rescinding the December 4th decision. “The writing on the wall is that it’s likely to happen,” Hasselman said. If it does, according to a statement released by the tribe, the Standing Rock Sioux will “vigorously pursue legal action” against what they characterize as “corporate interest superseding government procedure and the health and wellbeing of millions of Americans.”

Trump’s support for the Dakota Access Pipeline is of a piece with the G.O.P. platform and his “America First Energy Plan,” with its promise to “embrace the shale oil and gas revolution.” It also may be motivated by his own energy portfolio. As of last summer, according to financial-disclosure records, Trump owned between fifteen and fifty thousand dollars of stock in Energy Transfer Partners. While Trump’s campaign spokeswoman said this fall that he had sold all of his E.T.P. shares, he has provided no documentation of the sale. And whether or not he remains personally financially tied to the company, it has substantial connections to his Administration. Trump’s nominee for Secretary of Energy, Rick Perry, owned more than a hundred and fifty thousand dollars in partnership units in E.T.P. in 2015, and until the end of last year sat on the company’s board of directors.Kelcy Warren, the billionaire C.E.O. of E.T.P., donated more than a hundred thousand dollars to Trump’s campaign after he won the Republican primary.

  New Yorker

Awesome Seattle

It's an awesome city in many ways. This just makes it better.

The Seattle City Council Finance Committee voted 8-0 on Wednesday to divest $3 billion in City of Seattle money out of Wells Fargo over the bank's role as lender for the Dakota Access Pipeline and seek a more socially responsible bank to manage the city's money.

A full vote by the Seattle City Council is scheduled for Monday.

  King5

Native Commitment to the Earth Is an Awesome Thing

In his inauguration speech, Donald Trump advocated for the immediate end of “American carnage” ravaging this country. That carnage is occurring right now at the hands of law enforcement in Standing Rock. If Trump truly intends to end unnecessary violence, he must listen to the voices of Native American water protectors and those who are supporting them at Standing Rock, and he must vow to protect their right to water, sacred sites, and their future development as sovereign nations.

Human decency requires it.

  HuffPo

Something Trump has proven time and again that he lacks completely.

More Bad Trump Law aka Executive Orders

The new Republican president backed the Keystone XL and Dakota Access projects, provided American steel is used.

  BBC

Do we even make steel in this country any more?

Mr Trump's actions do not mean the end of the fight over US pipeline construction, however. Opponents will continue to argue that they jeopardise sensitive environmental areas and violate private property rights.

And people may well die in what will likely become intensified protests.

And the second-ranking Republican in the Senate, John Cornyn of Texas, said: "Today's news is a breath of fresh air, and proof that President Trump won't let radical special-interest groups stand in the way of doing what's best for American workers."

Who gives a shit about the environment their children will inherit?

The Standing Rock Sioux Tribe, whose land abuts the proposed route of the Dakota Access pipeline, called Mr Trump's decision a violation of "law and tribal treaties", and vowed to take legal action.

Good luck, because once Trump appoints a Supreme Court judge, it's highly questionable that legal action will make any difference.

But during a Tuesday morning meeting with automobile executives at the White House, Mr Trump described himself as an environmentalist.

On Monday, he made similar comments to other business leaders, saying: "I'm a very big person when it comes to the environment. I have received awards on the environment."

Jesus wept.

 ...but hey, do what you want...you will anyway.

Meanwhile in North Dakota

The Standing Rock protesters are still being attacked, and now the legislature has introduced a bill that will put them in more danger.

A bill that state GOP Rep. Keith Kempenich introduced would exempt drivers from liability if they accidentally hit a pedestrian, according to the Bismarck Tribune. House Bill 1203 was written up in direct response to groups of protesters blocking roadways, Kempenich told the paper. He claims protesters were seen jumping out in front of vehicles.

“It’s shifting the burden of proof from the motor vehicle driver to the pedestrian,” Kempenich said. “They’re intentionally putting themselves in danger.”

He admits that the law might be used in cases that don’t involve protests. But a few casualties of justice are apparently worth it; his bill would mitigate instances when panicked drivers might have accidentally “punched the accelerator rather than the brakes” as protesters blocked the roads.

  HuffPo

It was an accident, judge.

LIVE MCS attack #WaterProtectors 1806 bridge:gas/rubber bullets/many hit,dragged w/snowmobiles across bridge #NoDAPL https://t.co/8IZdcaYOC4 pic.twitter.com/41YUL4C2Hc

— Tracy Savage (@savage_science) January 19, 2017

Rocket Launcher On Bridge Aimed Towards Unarmed Water Protectors?? An OUTRAGE!! #NoDAPL #StandingRockSioux
©Toni Cervantes Photography 2017 pic.twitter.com/ts8V3BJ08H

— relombardo (@relombardo3) January 18, 2017

While We're Distracted

Standing Rock camp is under attack again.

I Like My Superstars with a Public Conscience

Mark Ruffalo Twitter Account

And I like my Kennedys with a public conscience, too, but RFK Jr needs to get off the Democrat wagon and on to Reality Road. He's been doing great work for the Standing Rock pipeline protest, but he still has this Tweet up as of today.

Rick Perry?

What does Rick Perry know about national energy?

Donald Trump has narrowed his search for energy secretary to four people, with former Texas Governor Rick Perry the leading candidate.

[...]

[Perry] serves on the board of Energy Transfer Partners LP, the company whose pipeline project has drawn opposition in North Dakota and has become a rallying cry from environmentalists. While the Obama administration has stalled the project, Trump has said federal approvals for energy infrastructure need to come quicker.

[...]

People familiar with the president-elect’s selection process said two Democratic senators from energy-producing states -- Heidi Heitkamp of North Dakota and Joe Manchin of West Virginia -- are also in the mix, along with Ray Washburne, a Dallas investor and former chairman of the Republican National Committee.

If Trump picks any of the four he’ll break with recent tradition of putting scientists at the top of the Energy Department.

  Bloomberg

Well, that's the point, isn't it? Scientists often have minds of their own.

What is Perry doing on the pipeline company board? Could it be because of his contacts in oil rich Texas from his governor days? Or is this part of the game of "stay tuned" that Trump often puts in his Tweets?  Perry is at least a nod to the pipeline people that Trump, unlike Obama, is going to be their good friend.

And remember this:

Perry, in a 2011 Republican primary debate, famously forgot that the Energy Department was one of the three federal government agencies he wanted to eliminate.

I often wonder if Trump's cabinet picks will come and go as quickly as his campaign staff did.

And, speaking of pipelines...

Another pipeline: $3 billion #SabalTrailPipeline in Florida is displacing residents & threatening water supplies https://t.co/Ih2uuIpvKa

— Robert F. Kennedy Jr (@RobertKennedyJr) December 12, 2016

...but hey, do what you want...you will anyway.

Latest Development in the Dakota Pipeline Story

Energy Transfer Partners (ETP), the company behind the Dakota Access Pipeline (DAPL), has no intention of giving up easily. On Friday, US District Judge James Boasberg rejected ETP’s request for an expedited ruling to overturn the Army Corps’ denial of a permit.

The Army Corps of Engineers and the Standing Rock Sioux tribe have until January 6 to file their opposition to ETP’s claim that they have the permission and permits necessary to drill under the Lake Oahe crossing, where the tribe gets most of its drinking water.

[...]

In the meantime, the US Army Corps allegedly agreed to raise the water levels of Lake Oahe to make the area unstable and unsuitable for drilling, preventing ETP from trying to finish the pipeline ahead of the court ruling, according to Jordan Chariton.

  RT

That last bit is interesting, if true.

...but hey, do what you want...you will anyway.