Nel's New Day

February 9, 2021

Impeachment Trial Day One, More DDT Losses

On the first day of the second impeachment trial of Deposed Donald Trump (DDT), lawyers used DDT’s favorite defense—victimization. David Schoen vigorously complained the Democrats had impeached DDT only because they hated him. The rest of their argument covered up his incitement of violence and accused Democrats of playing the videos of DDT’s speech followed by the mob at the Capitol only for “blood sport”—a “sport” that DDT loved watching on January 6.

DDT’s lawyers argued he was “horrified” about what was happening and “immediately” moved to stop the attack. Yet a senior official, one of DDT’s former aides talking about DDT’s enjoyment at watching the mob’s attack said DDT was “loving watching the Capitol mob.” Both Republicans and Democrats begged DDT to ask his supporters to stop, but DDT remained silent while watching the tragedy on television. He waited hours to tell the rioters, who he called “special,” to halt and didn’t call for any military help, leaving the responsibility to then VP Mike Pence, whose life was threatened in the coup attempt.

The team of DDT’s two failed attorneys, Bruce Castor and David Schoen, gained a third—Michael van der Veen. None of them is a constitutional lawyer, and van der Veen, a personal-injury attorney, sued DDT last year for “repeated claims” about mail voting being fraudulent “despite having no evidence in support of these claims.” Van der Veen sued DDT and Postmaster General Louis DeJoy for decreasing “sufficient access to vote by mail” through operation “delay.” Castor works for a firm founded by van der Veen, well known in Philadelphia for his huckster advertising on a local radio station regarding personal injury representation.

In arguing the constitutionality of an impeachment trial for DDT, Schoen invalidated the second penalty of disqualified the convicted person from future office, “always and only imposed on former officials,” according to Michael Gerson. Schoen believes the word “and” between the two penalties makes them “inextricably entwined” although “and” is a grammatical structure, not a mandate for two elements becoming one.

The vote from 44 GOP senators agreeing with DDT that impeachment is “unconstitutional” matched the consistent failure of Republicans to follow the U.S. Constitution in their effort to protect DDT—and themselves. For example, these GOP members of Congress have ignored the Emoluments Clause in order for DDT to illegally make money from foreign governments. The “yes” votes from 46 Democrats, 6 Republicans, and 2 unaffiliated senators demonstrates the unity which Biden seeks, and a secret vote could let some of the 44 naysayers change their vote. One-third of them are up for re-election in fewer than two years, and DDT has sworn revenge on non-loyalists. Four leading GOP senators—Richard Burr (NC), Rob Portman (OH), Richard Shelby (AL), and Pat Toomey (PA)—have already said they won’t be running; of the remaining 16, only one, Lisa Murkowski (AK), voted that the impeachment is constitutional. (Left: map for 2022 senatorial elections: Blue – Democratic incumbent; Orange – Republican incumbent; Red – Republican retiring; Gray – No election)

Even DDT recognized how bad his attorneys performed on the first day, especially after Bruce Castor traded places with David Schoen to take the opening. Castor explained he went first because “the House managers’ presentation was well done” and he wanted to drop the emotional temperature. His patronizing approach failed as evidenced by criticism from such GOP senators as Texans John Cornyn and Ted Cruz. When Sen. Bill Cassidy (R-LA) was asked in what way DDT’s lawyers did such a bad job, he answered, “Did you watch them?” Even Alan Dershowitz, a former member of DDT’s legal team, told Newsmax he couldn’t figure out what Castor was doing in his opening presentation.

Part of DDT’s fury about his lawyers may have come from Castor’s statement that DDT is no longer a president and that DDT could be criminally charged if he weren’t convicted in an impeachment. In his opening, Castor said:

“After he’s out of office, you go and arrest him. So there is no opportunity where the President Of The United States can run wild in January at the end of his term and go away scot-free. The department of justice does know what to do with such people.”

The quality of DDT’s lawyers, however, may make no difference. It is assumed the fix in in, that over one-third of the senators, all Republicans, will vote against conviction no matter the evidence or pathetic ability of DDT’s lawyers. On Fox, Sen. Mike Lee (R-UT) claimed DDT deserves a “mulligan” because “everyone makes mistakes.” Like a person elected as president trying to overthrow the government and sending people how to commit violence and kill people in giving him what he wants.

In an article for the conservative Bulwark, Sarah Longwell, active in the Lincoln Project and co-founder of Republicans for the Rule of Law, wrote:

“There is something deeply, cosmically unfair about a group of elites force-feeding voters a lie about a stolen election, bilking them out of their money, demanding with the most overheated rhetoric that they ‘fight’ to save the country—and then avoiding all responsibility while those people are hauled off to jail for doing what they’d been asked to do. Look: the people in mobs are supposed to be held accountable for their actions. That’s the law. But there’s also a whole section of the law which realizes that the creation and instigation of a mob is, itself, a criminal action. And people who do that are supposed to be held to account too.”

Outside the impeachment, DDT keeps losing:

A U.S. District Court judge temporarily halted a massive ConocoPhillips oil project on Alaska’s North Slope in the western part of Arctic Alaska. Based on a lawsuit that DDT’s administration failed to consider environmental impacts, the order stops gravel-related work until February 20, giving time for the 9th Circuit Court to look at the case. The judge’s order permits continued work on ice roads which melt in summer. Biden’s review of DDT’s oil policies includes this project.

A man who took over $38 million in no-bid federal contracts to provide N95 masks for the VA and FEMA; he pled guilty to fraud, theft, and lying after delivering no masks. To get the contract, he said he lied about having the masks when he no plan to find or buy them. The federal government supported price gouging and profiteering by hiring contractors with no experience in finding PPE. The contractor, an Air Force veteran, benefited from the program giving forgivable loans when he provided false tax forms claiming 37 employees instead of his actual nine. He has since repaid most of the $805,000 he received while pleading guilty to taking $261,000 from the Economic Injury Disaster Loan Program for his personal extravagant spending. He also collected almost $74,000 from VA benefits by lying about being a disabled Marine corporal.

A judge has ordered Herring, the owner of far-right One America Network, to pay Rachel Maddow, host of an MSNBC show, $258,000 for its failed defamation lawsuit against her. Maddow reported an OAN journalist also contributed to Russia-owned news outlet Sputnik and accused OAN of being “paid Russian propaganda.” Herring demanded $10 million in damages from Maddow and plans to appeal while it faces a lawsuit from Dominion voting machines for a two-hour conspiracy video by MyPillow CEO Mike Lindell about his baseless claim the 2020 presidential election was rigged.

The federal government could have blocked the Russian hacking of both its agencies and businesses with a free cybersecurity system, in-toto, developed with $2.2 million taxpayer funding. The system was first adopted in 2018 by Datadog, a competitor of SolarWinds which allowed the hacking into its software. Datadog’s customers include Nasdaq, Whole Foods, and Samsung. The hacked SolarWinds has 320,000 customers in 199 countries, including 499 of the Fortune 500 companies, and its Orion products, responsible for the cyberattack, bring the company 45 percent of its over $1 billion revenue.  “We make IT look easy” is SolarWinds slogan.

A big promise from DDT was to eliminate U.S. trade deficit. Last year’s trade deficit was the biggest and worst ever—worsening by six percent at $916 billion. Exports dropped by 13.2 percent to $1.43 trillion, the worst since George W. Bush’s recession in 2010. Goods imports fell by 6.6 percent to $2.35 trillion. Half the decline came from the 38 percent plunge–$120 billion to $80 billion—in petroleum products, the lowest since 2002. More bad news is here. 

The DOJ has dropped a lawsuit against Stephanie Winston Wolkoff, a former friend of Melania Trump, for releasing taped conservations between the two women when Trump children’s separation and holiday decorations at the White House. Conservative David Frum called the case “an abusive deployment of state power for personal revenge,” and  Attorney Bradley Moss called Trump “a petulant and tiny person unworthy of the role she held.” Moss also tweeted it was a “stupid lawsuit that was dead on arrival and flew in the face of decades of first amendment precedent.”

According to a recent ABC News/Ipsos poll, 56 percent of people think DDT should be convicted; they also say by a 17 percent margin that the GOP has more radical extremists than Democrats. In a POLITICO/Morning Consult poll, 58 percent believe DDT should either “probably” or “definitely” be barred from running for public office in the future. One-third of Republicans want DDT to testify in his impeachment trial.

July 30, 2015

Portland Says ‘Shell No” to Arctic Drilling

 

Dangling shell noIn a David v. Goliath set-to in Portland (OR), protesters are one-upping the kayaktivists in Seattle, adding small boats and a “human curtain” from GreenPeace rappelling 100 to 200 feet down from the city’s tallest bridge, St. Johns Bridge, to block a ship from going out to sea. Earlier this year, protesters tried to block the departure of the Shell-leased drilling rig “Polar Pioneer” from Terminal 5 in the Port of Seattle. This week’s altercation escalated when the 380-foot icebreaker MSV Fennica tried to leave dry dock where it had a 39-inch gash in its hull repaired after the ship tried to take a shortcut early in its 1,000-mile journey from Dutch Harbor to the Aleutions.

Environmental activists in kayaks protest the Fennica, a vessel that Royal Dutch Shell PLC plans to use in its Arctic offshore drilling project, as it underwent repairs on Swan Island, Saturday, July 25, 2015, in Portland, Ore.  The damaged ship, a 380-foot icebreaker, which arrived at a Swan Island dry dock early Saturday morning, is a key part of Shell's exploration and spill-response plan off Alaska's northwest coast. It protects Shell's fleet from ice and carries equipment that can stop gushing oil. (Sam Caravana/The Oregonian via AP) MAGS OUT; TV OUT; NO LOCAL INTERNET; THE MERCURY OUT; WILLAMETTE WEEK OUT; PAMPLIN MEDIA GROUP OUT; MANDATORY CREDIT

Environmental activists in kayaks protest the Fennica, a vessel that Royal Dutch Shell PLC plans to use in its Arctic offshore drilling project, as it underwent repairs on Swan Island, Saturday, July 25, 2015, in Portland, Ore. The damaged ship, a 380-foot icebreaker, which arrived at a Swan Island dry dock early Saturday morning, is a key part of Shell’s exploration and spill-response plan off Alaska’s northwest coast. It protects Shell’s fleet from ice and carries equipment that can stop gushing oil. (Sam Caravana/The Oregonian via AP) MAGS OUT; TV OUT; NO 

fennica mapThe channel was shallower than shown by the 80-year-old charts that were surveyed with sextants and hand-held lines. The NOAA ship Fairweather, in the area to map Arctic shipping routes, found rocky areas less than 30 feet deep, one only 22.5 feet deep. The Fennica draws 27.5 feet.

fennica AnnThe Fennica is vital to Shell’s drilling because it contains a 30-foot-tall capping stack equipment  designed to prevent a blowout like BP experienced in the Gulf’s Deepwater Horizon disaster. A spill would be disastrous in Arctic waters which are covered by ice flows much of the year.  The Chukchi Sea is home to an estimated 2,000 polar bears, as well as gray whales, bowhead whales and a major walrus population. Gray whales swim north also go for feeding grounds in the Chukchi Sea.

Shell received federal permits last week but must wait until the Fennica arrives at the drill site before the company can reapply for more permits to drill into hydrocarbon zones in the Chukchi Sea.

Bridge goodScheduled to leave last night, the Fennica set out about 6:00 (PST) this morning but was forced to turn around by the presence of the protesters who plan to remain there indefinitely in spite of the unusual 100+ degree temperatures for at least today and tomorrow.

Bridge with yellowFollowing is an article from Oregon’s junior senator, Jeff Merkley:

“At this moment, the damaged Fennica icebreaker is entering the water in my home of Portland, OR, in what could be a make-or-break moment for our environment and our future climate.

“Here’s the background: In 2008, President George W. Bush not only lifted the executive ban on Outer Continental Shelf drilling, but also leased parts of the Arctic’s Chukchi Sea to Shell for oil and gas exploration.

“When Shell first attempted exploratory drilling in the Chukchi Sea in 2012, however, it was clear the company was out of its depth. In September, during open sea testing, Shell’s spill containment system was “crushed like a beer can.” Then the Noble Discoverer caught on fire later in November. To cap off the year, Shell’s other rig, the Kulluk, ran aground and was deeply damaged near Kodiak Island after facing severe winter weather. In a review, the U.S. Coast Guard deemed Shell’s wreck to be a result of “inadequate assessment and management of risks.”

“Yet now, with no indication things will be different this time around — and with clear and mounting evidence we can’t afford to burn Arctic oil if we are serious about climate change — Shell is making moves toward Arctic drilling once again. In fact, Shell’s rigs are already on their way to Arctic waters. The only thing that is stopping Shell is the delay of the Fennica, the damaged icebreaker, which they need to begin their drilling operations.

“Shell should seize this last chance to reverse course and drop their reckless plans for Arctic drilling before it is too late.

“Drilling in the Arctic is the height of irresponsibility. If the Chukchi leases are developed and Shell begins operations, a major oil spill is extremely likely. We all remember the BP oil spill in the Gulf of Mexico, which resulted in billions of dollars in economic damage to coastal communities and devastating pollution from the 4.9 million barrels of oil that were dumped into the warm Gulf waters. The harsh climate and remote location of the Arctic would make cleanup of a comparable spill nearly impossible, and if a spill happens during the winter, months could pass before a well could be plugged.

“Additionally, we should not be investing in infrastructure that will lock in decades of production — and carbon pollution — from previously unexploited fossil fuel reserves. The science is clear that we have already discovered five times as much fossil fuel as we can afford to burn if we hope to avert catastrophic climate change. Human civilization already faces enormous challenges from climate change.

Save the Arctic“We must take steps to alleviate this danger, not make it worse — and for Shell that means demonstrating global leadership by deciding to not put the world at risk by tapping into untouched and treacherous oil reserves in the Arctic. The U.S. should also use its power and leadership as the new Chair of the Arctic Council to work with other nations to keep Arctic oil off limits.

“Simply put, the Arctic may have oil, but the risks of drilling in the Arctic are too great. Arctic oil should stay in the ground.

“Several weeks ago, five of my Senate colleagues and I introduced the Stop Arctic Drilling Act of 2015, legislation that would protect the Arctic — and our climate — by prohibiting any new or renewed leases for oil drilling in the Arctic.

“It can take years to pass legislation in Congress, however, and right now we only have a window of weeks — maybe just days — before Shell starts drilling.

“It’s time for Shell to do the right thing and announce that they will pull out of the Arctic.”

Two friends—married couple Ann Hubard (photographer) and Taylor West (writer)—went down to the Willamette River this morning to chronicle the events as protesters kept the icebreaker from leaving Portland to help Shell drill for oil. Hubard, who was interviewed for the Oregonian, sent photos, and Taylor sent her impressions of this morning’s gathering:

zigThirteen Dangling in Protest:  Dangling some 408 feet above the Willamette River, yellow and red streamers marked each roped body. A flotilla of colorful kayaks was strategically stationed below, and a lone powered paraglider zigzagged up and down, in and out, voicing support for the mission. News helicopters tracked and recorded the event from on high while hundreds of spectators craning necks to spot the target of the daring dissenters. Moving ever so slowly up the Willamette came the MSV Fennica, 9,000 tons of icebreaker stretching longer than a football field. At last the dare is on!

Bicycles under bridgeThe crowd is eerily quiet,  the flotilla of kayaks centers itself, and, in unison, the danglers hang at attention. Suddenly I’m aware of only the paraglider’s engine and the roar of helicopters circling above. We stand together in anxious anticipation, heads shifting back and forth in tennis-match-style from danglers to ship. Who will say uncle first? Suddenly, the crowd erupts in boisterous cheers and applause. Yes, the Fennica has stopped before it turned and straddled on the river side-saddle as it starts its retreat. The daring dangling dissenters have won this round.

last chanceComment from Hubard: The Shell ship is huge, and being there helps you really understand how impressive these protesters are, to hang there as long as they have. Their dedication and perseverance is amazing.  I feel honored to have been there.

Addendum: This afternoon, police closed the St. Johns Bridge and removed three or four of the protesters dangling from the bridge. Law enforcement also circled protesters in kayaks and canoes that had continued to enter the river and block the big ship’s access. At 5:55 (PST), the Fennica went under the St. Johns Bridge, going north toward the Columbia River. Updates are available here.

 

May 19, 2015

David v. Goliath; Or Shell No!

No U.S. laws will change because of the TPP. That’s President Obama’s claim through his push for the Trans-Pacific Partnership. The Senate, however, has two companion trade bills. One will allow any president to negotiate trade agreements within the next six years with no amendments of filibusters in Congress. The second bill is a trade adjustment assistance (TAA) bill that provides federal funds for workers displaced by free trade agreements. This help includes from job training, placement services, relocation expenses, income support, and health insurance subsidies.

TAA gets part of its funding from $700 million in Medicare cuts. Although sequestration (except for “defense”) expires in 2024, the TAA bill expands it while the other $2.2 billion comes from customs user fees. Compared to billions, $700 million isn’t much, but it’s another chip in social services, a reduction while the pet “defense” budget increases. The bill continues Congress’s philosophy that treats Medicare as its own piggy bank. Also the $700 million shows how little help the tens of thousands of people losing jobs will receive. The falsehood that TPP changes no U.S. laws just adds to the misrepresentations of a “trade agreement.”

The U.S. fight to prevent TPP is reminiscent of the biblical story of David and Goliath. Congressional legislators and the president forge ahead in the face of telephone calls to them showing an opposition of 25 to 1. You can add your voice here.

President Obama has created another David & Goliath story in the Northwest. A week ago, the Obama administration opened the door to drilling in the Arctic when it granted approval to Shell for exploration in this area “subject to rigorous safety standards,” according to the Department of the Interior’s Bureau of Ocean Energy Management. Shell plans to drill up to six wells about 70 miles offshore of the northwest coast of Alaska in the Chukchi Sea this summer between July 1 and the end of September. The plan is open to comment for another week.

If Shell were to develop the area, the leases would result in eight offshore platforms, 400 to 457 production wells, 80 to 92 service wells, 380 to 420 miles of offshore pipelines, 600 to 640 miles of onshore pipelines, a shorebase, a processing facility, and a waste facility. The agency approving Shell’s plan reported that there was a “75% chance of one or more large spills” occurring in the area over the next 77 years. During development, about 800 oil spills of less than 1,000 barrels apiece are “considered likely to occur,” some even at the exploration-only stage. It can be expected that at least two large spills greater than 1,000 barrels of oil will occur. Such occurrences would devastate both ecosystems and the people who rely on these for their living. 

This remote area is considered one of the most dangerous places in the world to drill for oil. Rescue and cleanup is almost nonexistent with the closest Coast Guard station for this purpose over 1,000 miles away. Three years ago, Shell left the Arctic after a number of disasters, including the Kulluk oil rig that had to be towed to safety in late 2012 and sold for junk after it ran aground because of the company’s “inadequate assessment and management of risks,” according to a report released by the U.S. Coast Guard. The catastrophe left 150,000 gallons of fuel and drilling fluid along a formerly pristine coastline. The next year, the Interior Department stated that Shell failed to meet safety mandates and ordered the corporation to stop drilling.

For years, Shell has been talking about the problems of climate change and how the increase in temperature—double former projections—will cause devastating rising of oceans. Shell remains a member of the far-right legislative-writing organization, the American Legislative Exchange Council (ALEC) and then states that climate change regulations are the purview of policymakers. Then the company argues that the opposition of global warming cannot distract from the growing energy demand from the growing population and people living in poverty. As Shell’s CEO, Ben van Beurden, said, “The issue is how to balance one moral obligation, energy access for all, against the other: fighting climate change.”

Obviously, Shell finds its moral obligation in “energy access for all.” Restricting global temperatures makes U.S. Arctic oil extraction economically unviable. The more the ice melts, the greater chance Shell has of finding oil in the area. Despite van Beurden’s call for an informed debate surrounding climate change, Shell continues to partner with ALEC. As executive chair of Google, Eric Schmidt, said last year when the company pulled out of ALEC, “They are just literally lying [about climate change.]”

Despite Shell’s claims to have a “thoroughly responsible plan,” the company refuses to test essential oil spill equipment in Arctic conditions. After the company tested the containment dome in 2012 when it “crushed like a beer can” in safety testing, it has been tested only in waters off Washington State. Shell has also retained Noble Drilling after it had to pay $12 million after pleading guilty to eight crimination offenses working for Shell in 2012. These included the falsification of records, unauthorized alterations to essential equipment, and “willfully failing to notify the U.S. Coast Guard of hazardous conditions aboard the drill ship Noble Discoverer.”

Shell has even failed to obtain necessary permits from the City of Seattle, where it leased mooring near a dense residential area at a container terminal not intended as a home port. The city has claimed that Shell violates the terminal’s use and demanded an additional use permit from Seattle. A lawsuit claims that the port failed to comply with public processes, zoning regulations, and environmental regimes and calls for a new environmental review. Mike O’Brien, a city council member, talked about concerns that the drilling fleet could “discharge oil and other toxic pollutants” in the Puget Sound and damaging a fragile ecosystem that the area has worked for decades to clean up.

An alternative to Seattle for Shell’s moorage is Dutch Harbor (AK), but comes at a higher cost with rougher weather. Shell also wants to avoid Alaska’s fossil fuel tax. The Noble was trying to escape that fuel tax when it managed to ground the drilling rig on the coastline because of bad weather. The owners of both vessels that Shell wants to leave in Seattle when they aren’t operating in the Arctic have both been cited for safety dangers and pollution discharge. The Noble Discover’s pollution-control system, which broke in 2012, also failed last month in near Hawaii. The owner of the other, Transocean, paid $1.4 billion in civil and criminal penalties after the 2010 Deepwater Horizon disaster killing 11 workers and blowing five million barrels of oil into the Gulf of Mexico.

The first permit that Shell received is conditional, based on the requirement that the company obtain another seven state and federal permits including incidental harassment authorizations from the National Marine Fisheries Service, letters of authorization from the Fish and Wildlife Service, and wastewater discharge approvals from the Environmental Protection Agency. Growing noise levels and vessel traffic from Shell’s endeavors threaten the whales in the Arctic: gray whales are there year-round, bowhead whales migrate through the area, and Beluga whales raise their young there. Other species in the area are Pacific walruses, polar bears, seals, and various seabird populations.

Activists participate in the sHell No Flotilla part of the Paddle In Seattle protest.  Nearly a thousand people from country gathered May 16, 2015 in Seattle's Elliot Bay for a family-friendly festival and on-land rally to protest against Shell’s Arctic drilling plans.  Photo by Greenpeace

Activists participate in the sHell No Flotilla part of the Paddle In Seattle protest. Nearly a thousand people from country gathered May 16, 2015 in Seattle’s Elliot Bay for a family-friendly festival and on-land rally to protest against Shell’s Arctic drilling plans. Photo by Greenpeace

Seattle residents aren’t accepting the drilling rigs. Hundreds of activists are blocking road traffic—including port workers—to the port. Another 500 “kayaktivists” surrounded the Polar Pioneer drilling rig that arrived last Thursday despite the dangers. Kayakers too close to the propwash, the propeller stream, can get sucked into the frigid water, and kayakers in the way of the ship’s momentum can drown. Their plan is to make sure that the semi-submersible drilling unit with a 170-foot-tall derrick doesn’t leave to destroy the Arctic. Shell’s other drilling rig is already avoiding the inhospitality by mooring farther north at Everett (WA).

ARCTIC_DRILLING_43917475As the kayakers’ sign read, “The people vs. Shell.” I’m rooting for the people. Maybe David will win again.

Mind-Cast

Rethinking Before Restarting

Current

Commentary. Reflection. Judgment.

© blogfactory

Truth News

Civil Rights Advocacy

Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has. -- Margaret Mead

AGR Daily News

Quaker Inspired, Evidence Based, Art And Science Of Sustainable Health Plus Success - How To Create Heaven On Earth - Education For Seventh Generation Rainbow Warriors

JONATHAN TURLEY

Res ipsa loquitur - The thing itself speaks

Jennifer Hofmann

Inspiration for soul-divers, seekers, and activists.

Occupy Democrats

Progressive political commentary/book reviews for youth and adults

V e t P o l i t i c s

politics from a liberal veteran's perspective

Margaret and Helen

Best Friends for Sixty Years and Counting...

Rainbow round table news

Official News Outlet for the Rainbow Round Table of the American Library Association

The Extinction Protocol

Geologic and Earthchange News events

Social Justice For All

Working towards global equity and equality

Over the Rainbow Books

A Book List from Gay, Lesbian, Bisexual, and Transgender Round Table of the American Library Association

WordPress.com News

The latest news on WordPress.com and the WordPress community.

%d bloggers like this: