Tag Archives: intercept

Did Brett Kavanaugh lie about his environmental record?

Brett Kavanaugh, the Supreme Court nominee accused of sexual assault by Dr. Christine Blasey Ford, wants you to know that, at the time of the alleged incident, he was just an average teenage virgin. His pastimes included “hanging out and having some beers” with his buddies, OK? In normal amounts, allegedly. And you know what? It’s difficult to definitively prove that his version of events isn’t true.

What we do have a record of, however, is how Kavanaugh has voted on the environment. “In some cases, I’ve ruled against environmentalists’ interests, and in many cases I’ve ruled for environmentalists’ interests,” he testified to the Senate Judiciary Committee on September 5. So why did one law professor call him the “Voldemort” of environmental law?

Unfortunately for lovers of the truth and also planet Earth, the honorable judge may have mischaracterized his environmental credentials, as the Intercept reports. Let us please turn to the receipts.

During that testimony before the Senate Judiciary Committee, Kavanaugh named Natural Resources Defense Council v. EPA as an example of a time he upheld environmental regulations. As Sharon Lerner wrote in the Intercept, he actually ruled against three out of four of the challenges brought by environment groups in that case. And the one point he sided with environmentalists on wasn’t “especially environmental,” an NRDC senior attorney told Lerner.
But what of his opinions? Did the judge pen fiery defenses of the environment during his tenure? Not really. An Earthjustice analysis found that, when deciding 26 EPA-related cases, Kavanaugh sided with the deregulation camp 89 percent of the time.
Kavanaugh, unlike most normal human beings, doesn’t seem to have a soft spot for nature’s majestic fauna. An analysis from the Center for Biological Diversity shows that Kavanaugh voted against wildlife 96 percent of the time. Do all judges just hate animals? Nope! That same analysis shows conservative judge David Sentelle voted against animals 57 percent of the time, and moderate judge Merrick Garland voted against them 46 percent of the time.
The last nail in Kavanaugh’s environmental coffin comes from President Trump himself, who sent out an email this summer praising the Supreme Court nominee for overruling federal regulators “75 times on cases involving clean air, consumer protections, net neutrality and other issues.”

For someone who has attended so many sports games, this former football bro is pretty bad at keeping score. Maybe all the beverages he’s consumed in his lifetime have clouded his ability to remember his environmental voting record.

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Did Brett Kavanaugh lie about his environmental record?

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Hurry! Only a few days left to apply for Grist’s fall fellowship.

Want to flex your skills as a journalist and get paid? You have a few days left to apply for Grist’s fall 2018 fellowship. The deadline is Monday, July 9, 2018.

If you’re just now hearing about the fellowship, here’s the deal: We’re looking for early-career journalists to come work with us for six-month stints. This time around, we’re looking for all-stars in three areas: news, environmental justice, and video. You’ll find a full program description and application requirements here.

Our past fellows are continuing to do high-impact work. Emma Foehringer Merchant has you covered on all things energy and policy at Greentech Media. Sabrina Imbler makes consumers smarter about upcycled bananas and lots more at The Wirecutter, a New York Times Company. Vishakha Darbha, a digital fellow at Mother Jones, produces videos on forced family separations and other of-the-moment topics. Raven Rakia recently received a Livingston Award finalist nod for her powerful piece on The Intercept about women visitors at Rikers Island jail complaining of invasive searches. And break out the bubbly: Recent environmental justice fellow Justine Calma just joined Grist as a staff writer.

So what are you waiting for? Oh, right, the last possible minute. As long as we receive your application by 11:59 p.m. PT on July 9, no judgment here.

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Hurry! Only a few days left to apply for Grist’s fall fellowship.

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The Intercept Discloses Top-Secret NSA Document on Russia Hacking Aimed at US Voting System

Mother Jones

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On Monday, the Intercept published a classified internal NSA document noting that Russian military intelligence mounted an operation to hack at least one US voting software supplier—which provided software related to voter registration files—in the months prior to last year’s presidential contest. It has previously been reported that Russia attempted to hack into voter registration systems, but this NSA document provides details of how one such operation occurred.

According to the Intercept:

The top-secret National Security Agency document, which was provided anonymously to The Intercept and independently authenticated, analyzes intelligence very recently acquired by the agency about a months-long Russian intelligence cyber effort against elements of the US election and voting infrastructure. The report, dated May 5, 2017, is the most detailed US government account of Russian interference in the election that has yet come to light.

While the document provides a rare window into the NSA’s understanding of the mechanics of Russian hacking, it does not show the underlying “raw” intelligence on which the analysis is based. A US intelligence officer who declined to be identified cautioned against drawing too big a conclusion from the document because a single analysis is not necessarily definitive.

The report indicates that Russian hacking may have penetrated further into US voting systems than was previously understood. It states unequivocally in its summary statement that it was Russian military intelligence, specifically the Russian General Staff Main Intelligence Directorate, or GRU, that conducted the cyber attacks described in the document:

Russian General Staff Main Intelligence Directorate actors … executed cyber espionage operations against a named U.S. company in August 2016, evidently to obtain information on elections-related software and hardware solutions. … The actors likely used data obtained from that operation to … launch a voter registration-themed spear-phishing campaign targeting U.S. local government organizations.

Go read the whole thing.

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The Intercept Discloses Top-Secret NSA Document on Russia Hacking Aimed at US Voting System

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Did Ryan Zinke Defraud the Government?

Mother Jones

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Matthew Cole at the Intercept reports that Rep. Ryan Zinke, Donald Trump’s pick for secretary of the interior, submitted several bogus travel vouchers back in the ’90s, when he was an officer at SEAL Team 6. It turns out he was traveling to Montana not to “scout for training locations,” but to renovate a house he planned to live in after he retired. He was warned to knock it off.

So far this seems pretty minor. It was nearly 20 years ago, and hardly amounted to a major felony. But then there’s this:

After Zinke was caught and warned, he continued to travel home and submit the expenses to the Navy. The offense would normally have been serious enough to have ended Zinke’s career, but senior officers at SEAL Team 6 did not formally punish him…Instead he was told he would not be allowed to return to the elite unit for future assignments, according to the sources. Zinke continued his career, and he was eventually promoted to Navy commander, the rank he retired at in 2008.

So the guy was caught, confessed, warned to stop, and then went right on doing it? If that’s really how it happened, it demonstrates a dedication to corruption a little more serious than the odd bit of expense account twiddling. I guess that makes him perfect for the Trump administration.

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Did Ryan Zinke Defraud the Government?

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Now We Have a How-To Manual for Foreigners Who Want to Donate to US Political Campaigns

Mother Jones

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In his 2010 State of the Union address, President Obama blasted the Supreme Court’s Citizen United decision. It would, he said, open the floodgates for special interests to spend vast amount on our elections, “including foreign corporations.” Justice Samuel Alito was outraged, mouthing “not true” while Obama spoke.

By chance, I was chatting about Citizens United and Alito last night. This morning, the Intercept has this:

A corporation owned by a Chinese couple made a major donation to Jeb Bush’s Super PAC Right to Rise USA — and it did so after receiving detailed advice from Charlie Spies, arguably the most important Republican campaign finance lawyer in American politics.

….Spies presented his advice in a memo, obtained by The Intercept, which he prepared for Right to Rise USA, where he served as treasurer and general counsel. “We conclude,” he wrote, “that a domestic subsidiary corporation may now directly contribute to a Super PAC in connection with a federal election.

For campaign finance experts, Spies’s roadmap provides compelling evidence of a phenomenon many already suspected was well-entrenched. “Spies’s memo is an explicit how-to guide for foreign nationals to get money into U.S. elections through U.S.-based corporations that they own,” said Paul S. Ryan, deputy director of the campaign finance watchdog organization Campaign Legal Center. “It shows that although Obama was attacked in public for misleading Americans about Citizens United, in private people like Spies and others like him seemingly realized that Obama was right and set to work making his prediction a reality.”

There are still some hoops that rich foreigners have to jump through before they can donate to their favored candidate, but they’re not too onerous for anyone who’s serious. And as the authors note, money is fungible. Even if it technically comes out of the earnings of the US subsidiary, in the end it comes out of the pockets of its Chinese owners. Welcome to the brave new world the Supreme Court has given us.

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Now We Have a How-To Manual for Foreigners Who Want to Donate to US Political Campaigns

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Trump and his hairspray leave cloud of weird in coal country

Trump and his hairspray leave cloud of weird in coal country

By on May 9, 2016Share

Donald “Climate Change Is a Hoax” Trump told voters in West Virginia last week not to bother going to the polls for the state’s primary on Tuesday. “You don’t have to vote anymore, save your vote for the general election, forget this one, the primary’s done,” Trump told the crowd at a campaign stop in the state’s capital, the Charleston Gazette-Mail reports. That doesn’t sound like a comment from a politician — what kind of candidate tells people not to vote? — but of course, Trump isn’t one.

Still, it was not the most bizarre occurrence at the Charleston rally: That honor is reserved for the moment Trump donned a hard hat and did a little working-in-the-coal-mine dance.

The coal-loving crowd ate it right up. Many of them stood in the audience holding “Trump digs coal” signs.

“I’ll tell you what, folks, you’re amazing people,” Trump said. “The courage of the miners and the way the miners love what they do, they love what they do. If I win we’re going to bring those miners back.”

As the Gazette-Mail points out, this is quite a change of attitude toward the mining community. In 1990, Trump told Playboy, “If I had been the son of a coal miner, I would have left the damn mines. But most people don’t have the imagination — or whatever — to leave their mine. They don’t have it.”

Trump, naturally, blames the coal industry’s troubles on the EPA, an agency he plans to shut down. But the reality is that coal is suffering because natural gas is beating it in the marketplace and demand from China is declining — trends a President Trump would be unlikely to reverse.

The Charleston rally also included an off-the-wall, off-the-script hairspray rant, detailed by The Intercept:

“My hair look okay?” Trump asked the crowd. “Got a little spray — give me a little spray.”

“You know, you’re not allowed to use hairspray anymore because if affects the ozone. You know that, right?” he said to laughter. “I said, ‘You mean to tell me’ — ’cause you know hairspray’s not like it used to be, it used to be real good,” he added, to more laughs. “Give me a mirror. But no, in the old days, you put the hairspray on, it was good. Today, you put the hairspray on, it’s good for 12 minutes, right?”

“I said, ‘Wait a minute — so if I take hairspray and if I spray it in my apartment, which is all sealed, you’re telling me that affects the ozone layer?’” “‘Yes.’” I say, no way, folks. No way!”

“No way!” he added to cheers. “That’s like a lot of the rules and regulations you people have in the mines, right? It’s the same kind of stuff.”

Bemoaning the ineffectiveness of modern-day hairspray may seem like an odd way to relate to miners, but, hey, Trump’s shtick is clearly working for him.

After the rally, Trump said the crowd in Charleston numbered 28,000. The fire marshal’s count, says the Gazette-Mail, was 11,600.

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Trump and his hairspray leave cloud of weird in coal country

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Homeland Security Is Tracking Black Lives Matter. Is That Legal?

Mother Jones

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Last Friday, the Intercept released documents revealing that the Department of Homeland Security had been monitoring the Black Lives Matter movement since protests erupted in Ferguson, Missouri, last August. Emails obtained via the Freedom of Information Act showed that the department had tracked the movements of people at a Freddie Gray-related protest in Washington, DC, and had also monitored cultural events like DC’s Annual Funk Parade and prayer vigils in predominately black neighborhoods nationwide. DHS also tracked hashtags and other social media associated with Black Lives Matter.

Nusrat Choudhury, a staff attorney at the American Civil Liberties Union’s Racial Justice Program, says that while this type of surveillance may not be illegal, it may have significant chilling effects that do infringe on people’s rights. “There’s no question at all that the kind of mapping identified by the documents provided to Intercept chills people’s First Amendment-protected activities,” she says. “Of course it makes people feel afraid to go to these kinds of protests because of the impact it might have in terms of law enforcement’s ability to gather intelligence about them.” It may difficult to tell if this has happened, but, Choudhury says, “The line is drawn when that effect takes place.”

Federal, state, and local law enforcement agencies have the legal authority to monitor people and activities in public places. This includes attending, observing, and taking notes on protest activities. However, collecting and storing personally identifiable information on specific individuals is not allowed, with the exception of people suspected of criminal activity. Monitoring tweets and other social media posts, including any geolocation information associated with those posts, is also legal.

Asked for comment, DHS spokesperson S. Y. Lee told Mother Jones that the department’s National Operating Center did monitor Black Lives Matter for “situational awareness purposes” to “ensure that critical information reaches appropriate decision-makers in federal, state, local, tribal and territorial governments.” According to DHS documents, the NOC’s Social Media Monitoring and Situational Awareness program does not collect any personally identifiable information, and surveillance is conducted by searching certain hashtags and keywords on social media sites, not by watching particular personal user accounts.

The ACLU is also concerned that the surveillance of Black Lives Matter could amount to racial profiling. “Because of the predominance of people of color in the Black Lives movement, and the evidence that some of these documents show government surveillance of innocuous cultural events, including music events as well as peaceful protests that take place in historically black neighborhoods, there’s a serious concern that surveillance of Black Lives Matter and cultural events will lead to racial profiling,” Choudhury says. The Department of Justice bans racial profiling by federal law enforcement agencies.

The federal government’s history of surveillance of black civil rights activists in the 1960s and 1970s also adds cause for concern, according to Choudhury. “We have these long-standing concerns that government has engaged in surveillance of people not because there’s evidence of wrongdoing, but because of what they think, what they believe, and what their ideology is, as well as the color of their skin.”

Determining whether the DHS’s monitoring of Black Lives Matter has had a chilling effect on individuals’ First Amendment rights or a disparate impact on African-Americans would require identifying people whose social media posts were monitored and who attended protests that were watched, and ascertaining the effect of the surveillance on them. “But based on the kinds of things that people interviewed by Intercept were saying, there is real concern that the impact is there,” Choudhury says.

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Homeland Security Is Tracking Black Lives Matter. Is That Legal?

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