January, 20 2023, 12:55pm EDT
Two Years into Biden Administration, the Government Maintains Trump-Era Legal Positions in Dozens of Cases
Midway through Biden’s term, the Biden administration continues to advance Trump-era legal positions in court, according to an update released today to the Revolving Door Project’s long-running litigation tracker.
Fidelity to Trump-era positions takes many forms. Biden’s DOJ successfully defended Trump-era warrantless searches of travelers’ phones; in 2022, the public learned that customs officials maintain a huge database of travelers’ copied phone data. The DOJ continued to prosecute an indigenous woman arrested while praying on sacred grounds disrupted by Trump’s border wall construction. They successfully defended the 17-year allowance Trump’s EPA granted to Montana to fail to meet clean water standards for nutrient pollution. They persist in siding with the pork industry against California and animal rights groups in a high-profile Supreme Court case, despite dozens of Democratic lawmakers urging a change of course.
National Pork Producers Council v. Ross is not the only animal farming case in which the Biden-Garland Justice Department continues to maintain Trump administration positions. The latest update to the litigation tracker shows the Justice Department continuing to defend multiple Trump-era Department of Agriculture decisions that excuse or enable the cruel treatment of poultry, lab-kept primates, and pigs in slaughterhouses.
Revolving Door Project Researcher Ananya Kalahasti said: “As the previous administration violated legal and ethical norms at every turn, Attorney General Merrick Garland’s choice of continuity with the Trump DOJ’s positions erodes the integrity of the very institution he is determined to protect. While the Justice Department makes concerted strides towards a more just application of the law in many cases, it pulls backwards in others, muddling the legacy and body of precedent it is shaping in real time.”
Revolving Door Project Researcher Hannah Story Brown said: “The Justice Department has chosen continuity with its Trump-era position in amicus filings before the Supreme Court in National Pork Producers Council v. Ross. Fortunately, the Biden administration still has a potent opportunity to chart a better course, withother ongoing cases like Suncor v. Boulder County Commissioners, a climate damages case in which the Supreme Court has solicited the Justice Department’s opinion. We are watching closely to see whether the Justice Department chooses to break from or maintain the position it first adopted under disgraced former DOJ environmental attorney Jeffrey Clark in related state-level climate cases.”
Access the updated litigation tracker here.
The Revolving Door Project (RDP) scrutinizes executive branch appointees to ensure they use their office to serve the broad public interest, rather than to entrench corporate power or seek personal advancement.
LATEST NEWS
Hundreds of Scientists Urge Biden to Cancel $100 Billion Nuclear Weapons Boondoggle
"There is no sound technical or strategic rationale for spending tens of billions of dollars building new nuclear weapons," an expert said.
Jul 08, 2024
More than 700 scientists on Monday called for an end to the United States' land-based nuclear weapons program that's set to be replaced, following a Pentagon decision to approve the program despite soaring costs.
In an open letter to President Joe Biden and Congress, the Union of Concerned Scientists (UCS) argued that the new intercontinental-range ballistic missile system, known as Sentinel, was "expensive, dangerous, and unnecessary."
The Department of Defense on Monday certified the continuation of the project, releasing the results of a review that was legally required when the cost estimate ballooned to "at least" $131 billion earlier this year, which drew the scrutiny of some Democrats in Congress, according toThe Hill.
The Defense review found that Sentinel was "essential to national security," but the scientists disagreed with the assessment.
"There is no sound technical or strategic rationale for spending tens of billions of dollars building new nuclear weapons," Tara Drozdenko, director of UCS' global security program, said in a statement.
Nobel Prize-winning physicist Barry Barish, a signatory to the letter, was also harshly critical of the Pentagon's approach.
"It is unconscionable to continue to develop nuclear weapons, like the Sentinel program," he said.
700+ scientists & experts are calling on President Biden & Congress to cancel the Sentinel program and retire the US land-based missile force. Doing so would save Americans more than $100 billion and make the world safer.
Learn more: https://t.co/5dQCOUKnQ3 pic.twitter.com/UxtHV9TSod
— Union of Concerned Scientists (@UCSUSA) July 8, 2024
The soaring costs of Sentinel, which is overseen by the defense contractor Northrup Grumman, have been the subject of media attention. The program will cost an estimated $214 million per missile, far more than originally expected, Bloombergreported on Friday.
However, the cost is hardly the only reason to cancel the program, UCS scientists argue. The silos that house the nuclear missiles, which are found in North Dakota, Montana, Wyoming, Colorado, and Nebraska, are vulnerable to attack—in fact, they are designed to draw enemy weapons away other U.S. targets, according toScientific American. Such an attack would expose huge swaths of the American population to radioactive fallout.
Because they are a likely target, the siloed missiles are kept on "hair-trigger" alert so the U.S. president can launch them within minutes. This "increases the risk of nuclear war" that could start from false alarms, miscalculations, or misunderstandings, the UCS letter states.
The scientists further argue that there's no need for a land-based nuclear weapons system given the effectiveness of nuclear-armed submarines—one of the other parts of the nuclear triad, along with bomber jets. Such submarines are "hidden at sea" and "essentially invulnerable to attack," according to the letter. Moreover, the submarine missiles are just as accurate as land-based missiles, and already have "destructive capability than could ever be employed effectively," it states.
The submarine system is also being overhauled, as is the 'air' component of the nuclear triad. In total, the U.S. military plans to spend more than $1 trillion over 30 years on renewing the nuclear arsenal, according to the Arms Control Association.
The U.S. leads the way in a surge of global spending on nuclear arms, according to two studies published last month, one of which found that nearly $3,000 per second was spent in 2023.
Keep ReadingShow Less
IDF Soldier Confesses That in Gaza, 'It's Permissible to Shoot Everyone'
Detailed accounts by former Israeli soldiers describe how they fired their weapons out of "boredom," designated any Palestinians in sight as a threat, and routinely burned homes down.
Jul 08, 2024
Disputing the repeated claims of Israeli officials and their vehement supporters in the Biden administration, who have scoffed at concerns that the Israel Defense Forces are targeting civilians in Gaza, in-depth reporting on Monday based on the testimony of six former IDF soldiers described how they were encouraged to fire their weapons to relieve "boredom" and felt "authorized to open fire on Palestinians virtually at will, including civilians."
In their latest investigative report on the IDF's rules of engagement in Gaza, Israeli publications +972 Magazine and Local Call interviewed six soldiers who had been released from active duty.
Medical providers and eyewitnesses have described the shooting of Palestinian women and children by Israeli snipers, and footage has shown unarmed Palestinians being executed while walking along a road, but the soldiers confirmed that the IDF has been operating with "total freedom of action," as one said, since October.
"If there is [even] a feeling of threat, there is no need to explain—you just shoot," said a soldier identified as B.
If troops see a person approaching and don't know whether they are armed or pose a threat, "it is permissible to shoot at their center of mass [their body], not into the air... It's permissible to shoot everyone, a young girl, an old woman," said B.
"Every day, at least one or two [civilians] are killed [because] they walked in a no-go area. I don't know who is a terrorist and who is not, but most of them did not carry weapons," said one soldier.
The soldiers said they sometimes fired their weapons as "a way to blow off steam or relieve the dullness of their daily routine," with one reservist saying that they wanted "to experience the event [fully]."
The reservist described shooting "for no reason" at times, "into the sea or at the sidewalk or an abandoned building," while a soldier identified as S. told +972 and Local Call that the IDF would engage in a tactic called "demonstrating presence," in which they would repeatedly fire their weapons to show any Palestinians in the area that they were there.
They would "shoot a lot, even for no reason—anyone who wants to shoot, no matter what the reason, shoots," said S.
The report follows the publication of an analysis by medical experts in The Lancet, who said the death toll in Gaza—officially over 38,000—could be off by roughly 150,000 people due to the deaths of Palestinians who have starved, died of medical conditions that couldn't be treated due to the destruction of the healthcare system, and succumbed to other "indirect" impacts of the war.
Al Jazeera journalist Laila Al-Arian said that the confessions of the Israeli soldiers to +972 only confirm what "has been clear since the beginning."
"Israeli soldiers in Gaza are operating under the premise that they can kill anything that moves and that every Palestinian is fair game for slaughter," she said.
The soldiers also described "routinely" executing Palestinian civilians because they had entered an area designated a "no-go zone" by the IDF, and allowing their surroundings to become "littered with civilian corpses, which are left to rot or be eaten by stray animals."
The soldiers were instructed to hide the bodies when international aid groups arrived, to ensure that "images of people in advanced stages of decay don't come out."
S. said they "saw a lot of civilians—families, women, children," and confirmed that "there are more fatalities than are reported."
"Every day, at least one or two [civilians] are killed [because] they walked in a no-go area. I don't know who is a terrorist and who is not, but most of them did not carry weapons," they said.
B. told +972 and Local Call that the army suspects any male between the ages of 16 and 50 of being a terrorist, and treats anyone walking around outside or looking at the IDF from a building as suspicious—and a legitimate target.
"You shoot," said B. "The [army's] perception is that any contact [with the population] endangers the forces, and a situation must be created in which it is forbidden to approach [the soldiers] under any circumstances."
The report follows previous revelations from the Israeli news outlets on the IDF's use of artificial intelligence to target Palestinians, with little regard for civilians who might be killed when suspected Hamas members were attacked in their homes.
A soldier identified as A. said that working alongside commanders in an operations room and determining which buildings should be struck "felt like a computer game."
"I, too, a rather left-wing soldier, forget very quickly that these are real homes," said A. "Only after two weeks did I realize that these are [actual] buildings that are falling: if there are inhabitants [inside], then [the buildings are collapsing] on their heads."
Yuval Green, who served in the 55th Paratroopers Brigade late last year and signed a letter with 40 other reservists last month refusing to take part in the invasion of Rafah, testified that soldiers were ordered to burn down homes that they had occupied.
"If you move, you have to burn down the house," he said, adding that the policy did not make sense to him in an operation that was supposedly aimed at targeting Hamas.
"We are in these houses not because they belong to Hamas operatives, but because they serve us operationally," Green said. "It is a house of two or three families—to destroy it means they will be homeless."
Policy analyst Tariq Kenney-Shawa addressed those who might be surprised that "Israeli soldiers would so readily admit their war crimes."
"It's simple," Kenney-Shawa said. "They've never faced any consequences. They are only rewarded for their massacres."
Yael Berda of the Middle East Initiative said the latest dispatch from +972 regarding the orders IDF soldiers are given is likely just a fraction of the truth that will eventually come out about the war in Gaza.
"I am pretty sure we don't know half of what went on during these nine months in Gaza," she said.
Keep ReadingShow Less
Elders Arrested Protesting Citibank Funding of Planet's Destruction
"We are on the cusp of a ruined planet, and the big banks like Citi are funding it, to the tune of trillions," said one organizer.
Jul 08, 2024
As Earth sizzles during what's likely to be its hottest summer on record amid a worsening planetary emergency, dozens of elder climate campaigners including 350.org co-founder Bill McKibben were arrested Monday in New York while protesting Wall Street giant Citigroup's continued fossil fuel financing.
Members of the group Third Act—who are mostly aged 60 and older—led a "funeral procession" near Citigroup's Manhattan headquarters in remembrance of the senior citizens who have died during recent dangerous heatwaves and to call out the bank "for being the number one funder of fossil fuel expansion in the world," according to Summer of Heat, which is organizing a series of ongoing climate protests.
Summer of Heat said McKibben was one of 46 demonstrators arrested Monday, and that "with today's protest, there have now been 305 total arrests in this summer's historic campaign of relentless, disruptive protests to stop Wall Street funding the oil, coal, and gas projects that are making our planet unlivable."
According to Summer of Heat:
Older Americans are worried about growing climate extremes and how Wall Street is using their savings to harm the planet and their grandchildren's future. Third Act supporters are retired teachers, healthcare professionals, lawyers, union members, parents, grandparents, great aunts, uncles, and now activists. They are taking action—together with youth and families—to make a difference! They are calling on banks like Citi to invest in a peaceful and livable world for all.
"It might feel very hot to us, but it was 122 degrees (Fahrenheit) in New Delhi two weeks ago. Lots and lots and lots of people died," McKibben told protest participants before his arrest. "Things like this now happen every day around the world, and they happen worst [and] first in the places that have done the least to cause this crisis."
"This is the deepest question of justice the world has ever come across," McKibben added. "And the bank that we're outside has done more than almost any institution on Earth to make it worse. Given full warning by scientists of all kinds for the last 30 years, they have decided instead to try to make profit off the end of the world."
Margaret Bullit-Jonas, an Episcopalian priest and author who took part in Monday's protest, said that "Citibank is destroying the world that God loved into being and entrusted to our care."
"At this decisive moment in history, we teeter on the brink of climate chaos," she added. "Now is the time for Citibank to choose life and to stop financing fossil fuels."
Third Act members were joined by activists from various climate, environmental, and social justice groups. Summer of Heat organizer Liv Senghor said that the campaign "is an intergenerational and intersectional movement."
"We know that there is no climate justice without social justice," Senghor said. "And we know that if we do not stop financial institutions like Citibank right now, we will all feel the deadly consequences today, tomorrow, and for generations to come."
HipHop Caucus president and CEO Rev. Lennox Yearwood Jr. asserted that "to limit ongoing damage, and ensure a bright future for the next generations, we need bold action now to curb emissions, transition to clean energy, and to help households and communities mitigate current and future risks."
Gus Speth, a former U.S. Council on Environmental Quality chair, warned that "we are on the cusp of a ruined planet, and the big banks like Citi are funding it, to the tune of trillions."
"It's time for the Citigroup board of directors to wake up to their responsibility," he added. "Citi talks about environmental sustainability but practices environmental destruction."
Citigroup contends that it is "supporting the transition to a low-carbon economy through our net zero commitments and our $1 trillion sustainable finance goal," and that its "approach reflects the need to transition while also continuing to meet global energy needs."
However, since the 2015 signing of the Paris agreement, Citi has provided $204.46 billion in financing for new fossil fuel projects, according to Stop the Money Pipeline, a Summer of Heat co-organizer.
"From the Bronx to the Gulf South, Black, Latine, Asian, Indigenous, and low-income communities living on the frontlines of the climate crisis—and the ones least responsible for it—face the highest asthma rates and staggering cancer rates while an unprecedented number of people are dying from heat waves," Summer of Heat said.
"Instead of staying home and hiding from the heat, organizers are calling on all New Yorkers and climate defenders from across the globe to take to the streets and demand that Wall Street stop destroying our future," the group added.
Keep ReadingShow Less
Most Popular