President Trump signed legislation to repeal a Dodd-Frank anti-corruption measure requiring oil and mining companies to disclose payments to governments. The rule had required public oil, gas and mineral extraction companies to disclose annually its payments to both foreign governments and the U.S. government.
According to lawmakers, these disclosures help fight corruption in resource-rich countries. The requirement was the Cardin-Lugar Anti-Corruption Provision of 2010’s Dodd-Frank Act – signed by former President Barack Obama and named for former Sen. Richard Lugar, R-Ind., and Sen. Ben Cardin, D-Md. The regulation was widely support from Democrats, who argued the transparency requirement could reduce instances of corruption in resource-rich countries overseas.
The goal of the rule is to prevent foreign leaders from skimming off the payments that drillers and miners make to their countries. It was put in place to stop the corruption that enriches the politically connected but deprives regular people of their country’s mineral wealth.
The oil industry had fiercely lobbied against the measure. The resource extraction rule has been controversial since it was mandated in 2010, which is why it took six years for it to be finalized. Exxon, Chevron (CXW) and the National Mining Association were among the dozens of entities to submit comments opposing the rule.
Longtime ExxonMobil CEO Rex Tillerson, who is now secretary of state, personally lobbied against the rule, flying to Washington, D.C., to meet with then-Senator Richard Lugar in 2010 to try to get the measure removed from Dodd-Frank. The American Petroleum Institute, the chief U.S. energy lobbying organization”s main argument against the rule was that it puts U.S. companies at a disadvantage, because their foreign competitors are not subject to the requirements.
However, many major European drillers like BP, Total and Royal Dutch Shell, Russian oil and gas giants Rosneft and Gazprom, as well as Canadian firms must report what they pay to foreign governments. The U.S. rules would have forced some Chinese and Brazilian firms to do so as well.
House Speaker Paul Ryan said in a statement that the provision in question “would have put American oil and natural gas companies at a disadvantage on the world stage, and actually could have threatened the safety of American workers abroad.”
Lawmakers used the Congressional Review Act, a seldom-used legislative route that essentially fast-tracks the regulatory repeal process. By accessing the provisions laid out, it allows lawmakers to expedite a resolution that requires little notice before introduction and is not subject to filibuster. It also requires only a simple majority of 51 votes in the Senate to pass.
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On February 9th, a federal appeals court in San Francisco unanimously upheld a suspension of President Trump’s executive order barring all refugees from entering the U.S. and restricting travel from seven Muslim-majority countries. In the unanimous decision, a three-judge panel on the 9th Circuit Court of Appeals ruled courts have the authority to review constitutional challenges to executive actions.
Last week, U.S. District Judge James Robart in Seattle issued a temporary restraining order halting the ban after Washington state and Minnesota sued. The ban temporarily suspended the nation’s refugee program. After the ban was put on hold, the State Department quickly said people from the seven countries — Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen — with valid visas could travel to the U.S. The decision led to tearful reunions at airports around the country.
Justice Department lawyers appealed to the 9th Circuit, arguing that the president has the constitutional power to restrict entry to the United States and that the courts cannot second-guess his determination that such a step was needed to prevent terrorism.
The panel declined to block a lower-court ruling that suspended the ban and allowed previously barred travelers to enter the U.S. The judges rejected the administration’s argument that courts did not have the authority to review the president’s immigration and national security decisions. They also said the administration failed to show that the order met constitutional requirements to provide notice or a hearing before restricting travel and presented no evidence that any foreigner from the seven countries cited by the travel ban had committed terrorism in the U.S.
This controversial court battle has just begun. Now, the lower court must debate the merits of the ban, and an appeal to the U.S. Supreme Court seems likely. When that happens, it could put the decision in the hands of a divided court that has a vacancy. A potential 4-4 tie would leave the appeals court’s ruling in place.
The appeals court only sided with the administration on one issue: the argument that the lower court’s temporary restraining order could not be appealed. While under 9th Circuit precedent such orders are not typically reviewable, the panel ruled that due to the intense public interest at stake and the uncertainty of how long it would take to obtain a further ruling from the lower court, it was appropriate to consider the federal government’s appeal.
Trump’s nominee, Neil Gorsuch, could not be confirmed in time to take part in any consideration of the ban. President Trump responded to the ruling on Twitter, tweeting “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!” The ban was set to expire in 90 days, meaning it could run its course before the Supreme Court would review the issue.
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The Army Corps of Engineers appears ready to approve the final permit required to build the $3.8 billion Dakota Access pipeline. The Dakota Access project has faced months of resistance from hundreds of indigenous nations and non-Native allies. Policing the protests in North Dakota has cost the taxpayers over 22 million dollars.
North Dakota Senator John Hoeven said that acting Secretary of the Army Robert Speer has directed the Army Corps to issue the easement for Energy Transfer Partners, the company behind the pipeline. The easement allows the company to drill underneath the Missouri River.
Energy Transfer Partners is poised to begin drilling under Lake Oahe as soon as approval is given. Workers have drilled entry and exit holes for the crossing and oil has been put in the pipeline leading up to the lake in anticipation of finishing the project. CEO Kelcy Warren has said the company should be able to finish the project in about three months once the permit is granted.
The 1,200-mile pipeline would carry North Dakota oil through the Dakotas and Iowa to a shipping point in Illinois. Dallas-based developer Energy Transfer Partners had hoped to have the pipeline operating by the end of 2016, but construction has been stalled while the Corps and the company battled in court over the crossing.
An assessment conducted last year determined the crossing would not have a significant impact on the environment. However, on Dec. 4th, then-Assistant Army Secretary for Civil Works Jo-Ellen Darcy declined to issue permission for the crossing, saying a broader environmental study was warranted. The Corps launched a study of the crossing on Jan. 18th. President Donald Trump signed an executive action Jan. 24 telling the Corps to quickly reconsider Darcy’s decision and shortly after court documents were filed that include a proposed Federal Register notice terminating the study.
The Corps has notified the remaining protesters that the government-owned land will be closed Feb. 22nd 2017. The Standing Rock Sioux and supporters fear a pipeline spill could contaminate the river, which serves as a drinking water source for millions.
Water protectors say that if the easement is granted, the government would be illegally circumventing the process of an environmental impact statement, which was ordered in December under President Obama’s administration. Members of the resistance camp Sacred Stone on the Standing Rock Sioux Reservation in North Dakota have called for water protectors to come to support the resistance to the Dakota Access pipeline.
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Police have arrested a gunman charged with opening fire at the Islamic Cultural Centre of Quebec City during evening prayers. Canadian university student Alexandre Bissonnette, 27, has been charged with 6 counts of murder and five counts of attempted murder in the shooting that left six people dead and 19 wounded.
Witnesses described a gunman dressed in black, opening fire indiscriminately with semi-automatic weapons. More than 50 people were at the Quebec Islamic Cultural Centre when the shooting began. All the shooting victims were men and those killed ranged in age from 39 to 60. Of the four victims who remained hospitalized, two were in critical condition, authorities said.
Among the six men killed were a butcher, a university professor, a pharmacist and an accountant, according to police. The government of Guinea said in a statement that two of its citizens were among those killed in the mosque attack.
The suspect was arrested in his car on a bridge near d’Orleans, after he called 911 to say he wanted to cooperate with police. Authorities initially named two suspects, but later said the other man taken into custody was a witness to the attack and was released. Officials said they did not believe there were others involved. Police did not give a motive for the attack.
Prime Minister Justin Trudeau and Quebec Premier Philippe Couillard both characterized the attack as an act of terrorism, which came amid strong criticism around the world over Trump’s temporary travel ban for people from seven Muslim countries. Shortly after Trump’s executive order was issued, Prime Minister Trudeau announced that Canada would welcome refugees banned from entering the United States.
Federal Safety Minister Ralph Goodale told reporters in Ottawa there was no change to “the national terrorism threat level” from medium because “there is no information known to the government of Canada that would lead to a change at this time.”
According to media outlets, Bissonnette was known for far-right, nationalist views and his support of the French rightist party led by Marine Le Pen. The suspect has expressed support for Le Pen and U.S. President Donald Trump on his Facebook page. He was known to those who monitor extremist groups in Quebec, said François Deschamps, an official with a refugee advocacy group.
Bissonnette made a brief appearance in court under tight security wearing a white prison garment. Prosecutors said they do not have all the evidence yet. Bissonnette is set to appear again on Feb. 21. No charge was read in court and Bissonnette did not enter a plea.
The attack was a shock to the community of Quebec City, a city of just over 500,000 which reported just two murders in all of 2015. Incidents of Islamophobia have increased in Quebec in recent years. The face-covering, or niqab, became an issue in the 2015 Canadian federal election, especially in Quebec, where the majority of the population supported a ban on it at citizenship ceremonies.
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Lawmakers quietly closed the investigation into the lead poisoning of the water system in Flint, Michigan in December 2016. The House Oversight and Government Reform Committee’s findings blamed state officials, the Michigan Department of Environmental Quality (MDEQ) and the EPA.
The Flint water crisis began when the city’s unelected emergency manager, appointed by Michigan Governor Rick Snyder, switched the source of Flint’s drinking water from the Detroit system to the corrosive Flint River to save money. The water corroded Flint’s aging pipes, causing poisonous levels of lead to leach into the drinking water. The impoverished city was under state control at the time.
Between 6,000 and 12,000 children were been exposed to drinking water with high levels of lead and they may experience a range of serious health problems.
The chairman of the House Oversight and Government Reform Committee, Jason Chaffetz, issued two separate letters announcing that the investigation was finished and that Snyder was without guilt because it was the Environmental Protection Agency’s fault Flint’s water source was shifted to a contaminated source. After the April 25, 2014 switch to Flint River water from back-up to temporary primary source, city residents began complaining about their water’s color, taste, and odor.
Thirteen people have been charged in the Flint Water Crisis and its cover-up. Former MDEQ employees Michael Prysby and Stephen Busch were charged with misconduct in office, conspiracy to tamper with evidence, tampering with evidence, a treatment violation of the Michigan Safe Drinking Water Act, and a monitoring violation of the Safe Drinking Water Act. Former city water plant operator Michael Glasgow was charged with willful neglect of office, a misdemeanor, and felony tampering with evidence. Glasgow accepted a plea deal with prosecutors, admitting to filing false information about lead in Flint water and agreeing to cooperate in other prosecutions.
Liane Shekter-Smith was charged with misconduct in office and willful neglect of duty; Adam Rosenthal was charged with misconduct in office, conspiracy to tamper with evidence, tampering with evidence, and neglect; Adam Cook was charged with misconduct in office, conspiracy to engage in misconduct in office, and neglect of duty. From the MDHHS, Nancy Peeler, Corinne Miller, and Robert Scott were charged with misconduct in office, conspiracy to commit misconduct in office, and willful neglect of duty.
On December 20, 2016, false pretenses, conspiracy to commit false pretenses, willful neglect of duty and misconduct in office charges against former Emergency Managers Darnell Earley and Jerry Ambrose; and false pretenses and conspiracy to commit false pretenses charges were filed against former Flint Utilities Administrator Daugherty Johnson and former Flint Department of Public Works director Howard Croft. Many residents are outraged that Governor Rick Snyder has survived the investigation unscathed since some of the officials charged reported directly to him.
The closing of the investigation came as Flint Mayor Karen Weaver told residents they should still not drink the water. The city’s lead pipes have not yet been replaced.
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Facebook CEO Mark Zuckerberg has decided to drop a series of lawsuits to buy plots of lands in Hawaii after public backlash. Zuckerberg and his wife Priscilla Chan purchased the 700-acre waterfront estate on Kauai for $100 million in 2014. They filed a series of eight lawsuits to buy out several hundred people’s stake of 13 plots on eight acres partitioned during the 1850s.
Many of the plots of land involved in the suits are “kuleana lands” which were granted to native Hawaiian tenant farmers between 1850 and 1855 and hold special rights including access, agricultural uses, gathering, water and fishing rights.
The suit was met with heavy criticism by some Hawaiians including hundreds who planned to protest outside Zuckerberg’s estate. The suits would have forced hundreds of residents, including Native families, off their land in order to make his Hawaiian beachfront property as private as possible.
He initially defended the move, saying the purpose of the quiet title action was to identify property owners who were unaware of their stake in the land. “Quiet title actions are the standard and prescribed process to identify all potential co-owners, determine ownership, and ensure that, if there are other co-owners, each receives appropriate value for their ownership share,” Zuckerberg’s lawyer, Keoni Schultz, said earlier in January.
Zuckerberg published a letter in the local Hawaiian newspaper The Garden Island saying it was clear the decision to file the suits over his ownership of the beachfront property on the island of Kauai was a mistake. Zuckerberg said he initially misunderstood the quiet title process and hoped to work with the community to find a better solution.
“To find a better path forward, we are dropping our quiet title actions and will work together with the community on a new approach,” he said. “We understand that for native Hawaiians, kuleana are sacred and the quiet title process can be difficult. We want to make this right, talk with the community, and find a better approach.”
“Upon reflection, I regret that I did not take the time to fully understand the quiet title process and its history before we moved ahead. Now that I understand the issues better, it’s clear we made a mistake,” he said. “The right path is to sit down and discuss how to best move forward. We will continue to speak with community leaders that represent different groups, including native Hawaiians and environmentalists, to find the best path.”
In June 2016, Zuckerberg faced criticism for building a 6 foot stone wall enclosing his 700 acre property. Many residents said it blocked breezes and obstructed ocean views. Others argued that while it is his right to build on his property-it did not feel very neighborly.
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The Justice Department have announced that Chicago police officers routinely violate civil rights, target communities of color with excessive force and maintain a “code of silence” to hinder investigations into abuses. After a 13 month investigation, the Department of Justice has concluded that there is reasonable cause to believe that the Chicago Police Department engages in a pattern or practice of use of excessive force in violation of the Fourth Amendment to the Constitution.
The investigation began in December 2015 after the release of a video showing the death of 17-year-old African American Laquan McDonald, who was shot 16 times by white police officer Jason Van Dyke. Chicago Mayor Rahm Emanuel agreed in principle to negotiate a consent decree for a federal monitor to oversee the Chicago Police Department.
The Chicago Police Department has a legacy of corruption and abuse. The over 161 page report came to light as the department grapples with skyrocketing violence in Chicago, where murders are at a 20-year high, and a deep lack of trust among the city’s residents.
The report cited unchecked aggressions such as an officer pointing a gun at teenagers on bicycles suspected of trespassing; officers using a Taser on an unarmed, naked 65-year-old woman with mental illness; officers purposely dropping off young gang members in rival territory. The report stated that after officers used excessive force, their actions were practically condoned by supervisors, who rarely questioned their behavior. One commander interviewed by the Justice Department said that he could not recall ever suggesting that officers’ use of force be investigated further.
Chicago is among nearly two dozen cities — including Cleveland; Ferguson, Mo.; and Seattle — where the Justice Department has pushed for wholesale changes to police practices.
Attorney General Loretta Lynch and Mayor Emanuel presented the report at the federal courthouse in downtown Chicago. They laid out the steps the city had committed to take to remedy the problems. Lynch said the Justice Department had reviewed thousands of documents, conducted extensive interviews, and discovered widespread evidence that the Police Department was sorely in need of reform. It does not train officers properly, fails to properly collect and analyze data, and has little support from the community, the report said.
The report described a broad lack of oversight within the department. “We found that officers engage in tactically unsound and unnecessary foot pursuits, and that these foot pursuits too often end with officers unreasonably shooting someone — including unarmed individuals,” the report said. “We found that officers shoot at vehicles without justification and in contradiction to C.P.D. policy. We found further that officers exhibit poor discipline when discharging their weapons and engage in tactics that endanger themselves and public safety, including failing to await backup when they safely could and should; using unsound tactics in approaching vehicles; and using their own vehicles in a manner that is dangerous.”
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President Obama has commuted more sentences than any other president in U.S. History. He recently commuted the sentence of some high profile prisoners. Army whistleblower Chelsea Manning, Puerto Rican independence activist Oscar López Rivera and retired U.S. Marine Corps General James Cartwright had their sentences commuted as part of more than 200 commutations issued on January 17th.
Chelsea Manning is now set to be freed on May 17, after Obama shortened her sentence from 35 years to seven. Manning is already the longest-held whistleblower in U.S. history. Manning leaked more than 700,000 classified files and videos to WikiLeaks about the wars in Iraq and Afghanistan and U.S. foreign policy. While serving her sentence she has seen long stretches of solitary confinement and has been denied medical treatment related to her gender identity. She attempted to commit suicide twice last year.
Puerto Rican independence activist Oscar López Rivera has been imprisoned for almost 35 years with a lot of that time served in solitary confinement. In 1981, López Rivera was convicted on federal charges including seditious conspiracy—conspiring to oppose U.S. authority over Puerto Rico by force. In 1999, President Bill Clinton commuted the sentences of 16 members of the FALN, but López Rivera refused to accept the deal because it did not include two fellow activists, who have since been released. Under Obama’s commutation order, López Rivera will be released on May 17th as well.
U.S. Marine Corps General James Cartwright also received a pardon. Last year, Cartwright, a retired U.S. Marine Corps general with 40 years of service behind him, admitted that he lied to the FBI during an investigation into who leaked classified information to a New York Times reporter. The top secret information leaked, was about Stuxnet, a secret U.S. cyberwarfare operation against Iran. He was due to be sentenced this month. Cartwright’s defense team had asked for a year of probation and 600 hours of community service, but prosecutors had asked the judge overseeing his case to send him to prison for two years.
President Obama granted another 330 commutations on the last day of his presidency, January 19th. The majority of the sentences commuted Thursday were for nonviolent drug offenses. Throughout his presidency, Obama has granted 1,715 commutations—more than any other president in U.S. history. Of those, 568 inmates had been sentenced to life in prison.
In Obama’s second-term, he had made great effort to try to remedy the consequences of decades of excessive sentencing requirements that he said had imprisoned thousands of non-violent drug offenders for too long. To be eligible for a commutation under Obama’s initiative, non-violent offenders had to have been well behaved while in prison and already served 10 years, although some exceptions to the 10-year rule were granted.
Obama personally reviewed the case of every inmate who received a commutation. Deputy Attorney General Sally Yates said the administration reviewed all applications that came in by an end-of-August deadline which was more than 16,000 in total.
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