July, 27 2011, 09:18am EDT
For Immediate Release
Contact:
Leola Webb (202) 265-7337
Park Service Indian Trading Post Fiasco Finally Unearthed
Inspector General Sat on Scathing Report to Limit Government Officials’ Liability
WASHINGTON
It took nearly two years of litigation to produce documents detailing how one of last authentic Indian traders was railroaded by a corrupt investigation and how the Interior Inspector General (IG) covered up its own investigation of the mess. The IG investigation found major lapses of oversight and professionalism in the National Park Service (NPS) law enforcement program that have yet to be addressed, according to Public Employees for Environmental Responsibility (PEER).
The IG Report of Investigation was completed and turned over to the NPS in January 2008 but sat in limbo for a year and a half waiting for an NPS response. Even then, the IG never published its own report which concluded that -
- The original NPS investigation into Billy Malone, the resident trader at Hubbell Trading Post National Historic Site in Ganado, Arizona, was bad enough to prompt the IG to ask the U.S. Attorney to consider criminal prosecution of the NPS agent, Clyde Yee, for using "false information" to secure search warrants and illegally seizing Malone's property. Prosecution against Yee was ultimately declined so that the NPS could pursue "administrative remedies";
- The NPS investigation was crippled by collusion with the Western National Parks Association (WNPA) which filed the meritless embezzlement charge against Malone before firing him; and
- The NPS investigation was a "rush to judgment" to "find fault" without knowing the facts - traits aggravated by systemic lack of "management oversight" amid an NPS culture of "arrogance."
"Through its own ineptitude, the Park Service destroyed what it was supposed to preserve - the authentic Indian trader tradition," stated PEER Executive Director Jeff Ruch whose organization's Freedom of Information Act lawsuit forced release of the report and documents explaining its fate. "Instead of serving as an object lesson, the Hubbell Trading Post fiasco became a dirty little secret."
In 2008, Malone filed a wide-ranging federal civil lawsuit against NPS current and former employees (including Clyde Yee, regional director Mike Snyder, and NPS deputy director Steve Martin), the WNPA, and its top officials. In April 2009, the Assistant U.S. Attorney (AUSA) assigned to defend against Malone's lawsuit contacted the IG with concerns about the report's status for fear he would have to turn it over to Malone's lawyers in discovery. On April 22nd, Alan Boehm, the IG's chief of "program integrity," sent this email on the "Malone investigation" to OIG General Counsel Bruce Delaplaine:
"I talked with him [the AUSA] last night and asked that he talk with you. He does not want a copy sent to him. (Our report will not help him but it will help the plaintiff.). Please let me know if you need any other info."
The IG investigative report remained in "open status" for several more months before it was officially closed and finally obtained in the PEER lawsuit. Documents obtained by PEER confirm that:
- Despite the IG finding that the Park Service law enforcement program needs to improve its professionalism and accountability, no reforms were adopted;
- The Inspector General failed in its role and actually compounded the lack of oversight; and
- Justice for Billy Malone will not be aided by the Department of Justice.
"What went wrong at the Hubbell Trading Post could happen again tomorrow," said Ruch, noting that Paul Berkowitz, the NPS investigator who blew the whistle on the Hubbell investigation and referred it to the IG, has written a book detailing the investigation and the politics surrounding the case. Ruch added, "This case illuminates the steep integrity challenges that remain unmet inside both the National Park Service and the Office of the Inspector General."
###
Read the "final" Hubbell Trading Post report of investigation
See the latest motion in Malone civil case
Trace the two-year legal battle to unearth the documents
Public Employees for Environmental Responsibility (PEER) is a national alliance of local state and federal resource professionals. PEER's environmental work is solely directed by the needs of its members. As a consequence, we have the distinct honor of serving resource professionals who daily cast profiles in courage in cubicles across the country.
LATEST NEWS
'An Affront to the World': Shell Posts Billions in Profits as Planet Burns
"The grotesque wealth that this Earth-wrecking company continues to accumulate is something we cannot allow ourselves to accept as normal," one campaigner said.
May 02, 2024
Oil major Shell announced $7.7 billion in profits during the first quarter of 2024 on Thursday, as well as a $3.5 billion share buyback program.
The news comes as every month covered by the period was the hottest of its kind on record. The three-month period also saw the second-largest wildfire in Texas history, extreme heat in West Africa and the Sahel, and the beginning of the Great Barrier Reef's fifth mass bleaching event in eight years. Scientists have clearly linked global heating, and the weather disasters it exacerbates, to the climate crisis driven primarily by the burning of fossil fuels.
"As extreme weather accelerates and the cost-of-living crisis rumbles on, Shell's latest billion-pound profits are an affront to the world," Izzie McIntosh, climate campaign manager at Global Justice Now, said in a statement. "The grotesque wealth that this Earth-wrecking company continues to accumulate is something we cannot allow ourselves to accept as normal."
"This is the sad irony of the global energy system in which those causing chaos are the ones getting rich."
Shell's profits for the first three months of 2024 were around 20% lower than for the same time in 2023, CNBC reported. However, the company brought in $1.2 billion more than analysts had predicted. The world's largest oil firms, including Shell, saw record profits in 2022 following Russia's invasion of Ukraine and the energy crisis that followed.
"Shell has beaten expectations by a reasonable margin, despite the impact of lower gas prices during the first quarter," Stuart Lamont, an investment manager at RBC Brewin Dolphin, said in a statement shared by CNBC.
Global Witness pointed out that Shell's earnings to date amounted to over $58,000 a minute, more than the average U.K. nurse makes in a year.
"Shell continuing to rake in huge sums of money shows us that huge polluter profits were not a one-off but are the twisted reality of an energy system that benefits climate-wrecking companies to the cost of everyone else," Global Witness fossil fuel campaigner Alexander Kirk said in a statement.
Shell announced its profits one day after the U.S. Senate held a hearing on how large oil and gas companies, including Shell, have continued to deceive the public about the dangers of their products, moving from outright climate denial into making commitments they don't intend to keep or touting false solutions like carbon capture and storage that they then fail to develop. Shell, according to the testimony of Rep. Jamie Raskin (D-Md.), spent only 11% of its capital on low-carbon technologies between 2009 and 2023.
The hearing sparked calls for accountability from the fossil fuel industry—such as mechanisms to make climate polluters pay for the transition to renewable energy—and the news of Shell's profits generated more.
In the U.K., Labor Shadow Energy and Climate Minister Ed Miliband proposed increasing the tax on energy company profits. Shell paid the U.K. government around $1.4 billion in taxes in 2023, of which around $300 million went to the Energy Profits Levy, according toThe Guardian. Also last year, it paid its shareholders $23 billion, nine times more than it invested in its "Renewables and Energy Solutions" program.
"These results show yet again why it is so damning [that Prime Minister] Rishi Sunak refuses to bring in a proper windfall tax on the oil and gas giants," Miliband said. "These are companies that have made record profits at the expense of working people. Labor says tax these companies fairly so we can invest in clean homegrown energy that will end the cost of living crisis and make Britain energy independent."
Greenpeace U.K. called Shell's latest profits "shameless."
"Their reckless hunt for profits needs to end," the environmental advocacy group wrote on social media. "When will world leaders find their backbone and make polluters pay?"
When one commenter suggested governments held back out of desire to keep collecting Big Oil's taxes, Greenpeace fired back, "What taxes?" and noted that Shell avoided paying U.K. taxes for years.
"At the end of the day we want clean, cheap renewable energy not to face the worst impacts of climate change," Greenpeace continued. "Solutions exist, we just need the political and industrial will to get them in place."
Global Witness and Global Justice Now also took the opportunity to call for an energy transition.
"This is the sad irony of the global energy system in which those causing chaos are the ones getting rich," Kirk said. "This spiral won't stop until we make the urgent switch to a fairer renewable energy system that puts both people and planet first."
McIntosh concluded: "We urgently need to bring a fair and organised end to the fossil fuel era, and that means companies like Shell must stop trying to extract new oil and gas, and start paying what they owe for the loss and damage they've caused. Profit announcements like this for a corporate dinosaur like Shell need to become a thing of the past."
Keep ReadingShow Less
'Stop Sending Arms': Global Day of Action to End Israel's Assault on Gaza
"The Global Day of Action must serve as a wake-up call to states that continue to supply arms to all parties to the conflict in Gaza that they are at risk of being complicit in war crimes," said one campaigner.
May 02, 2024
The straightforward demand consistently made by human rights experts, a top European Union official, and college students across the U.S. and in a growing number of countries formed the basis for a Global Day of Action on Thursday, with 250 groups organizing direct actions to call on governments around the world to "Stop Sending Arms" to Israel.
Groups including Amnesty International, the Norwegian Refugee Council, and the Center for Jewish Nonviolence helped organize actions in at least 12 countries, "with a strategic emphasis on countries with significant arms exports" and an "aim to resonate globally."
Protest events including rallies, "die-ins," and the projection of messages and images on government buildings were organized in countries including the United States—the top supplier of arms to the Israel Defense Forces (IDF)—Canada, Germany, Australia, South Korea, and Slovakia.
"The Global Day of Action must serve as a wake-up call to states that continue to supply arms to all parties to the conflict in Gaza that they are at risk of being complicit in war crimes and other violations of international law," said Erika Guevara Rosas, senior director for research, advocacy, policy, and campaigns at Amnesty International.
The groups and their supporters amplified the global campaign on social media using the hashtags #StopSendingArms and #CeasefireNOW.
The day of action comes a day after dozens of universities in the United Kingdom were warned by a legal group that they could be criminally liable for investing in weapons manufacturers that provide arms to Israel, and days after Amnesty International filed a report with the U.S. government detailing specific attacks on Palestinian civilians by the IDF in which Israel used weapons provided by the United States.
Dozens of U.S. and international lawyers, including some from President Joe Biden's own administration, have warned the White House that Israel's actions in Gaza—which have killed at least 34,596 Palestinians since October, the majority of whom have been women and children—violate international law.
The Friends Committee on National Legislation (FCNL) in the U.S. noted that calls for divestment from Israel have spread across U.S. college campuses in recent weeks, despite violent crackdowns by police forces.
"While students have been calling on their universities to divest from Israel, FCNL is urging our government to stop military aid," said the group. "It's clear there's a growing demand to end U.S. complicity in the war in Gaza."
Organizers in Australia displayed signs reading, "Every F-35 [fighter jet] contains some Australian parts and components."
"Around the world, people are demanding their governments end complicity in [Israeli Prime Minister Benjamin] Netanyahu's war," said Heather McPherson, a member of the Canadian Parliament representing the New Democratic Party. "In Canada, the NDP calls on Prime Minister Justin Trudeau and Foreign Affairs Minister MĂ©lanie Joly to impose a two-way arms embargo. End the suffering!"
Organizers called on arms experts, journalists, academics, and legal professionals to join the Global Day of Action and call for a "comprehensive arms embargo" on Israel "to stop the transfer of weapons, parts, and ammunitions being used to fuel violations of international law in the occupied Gaza Strip."
Guevara Rosas said that "following the conclusion by the International Court of Justice that there is a plausible risk of genocide in Gaza and in light of the obligation under international law of all states to prevent genocide, governments that continue to supply arms to Israel may find themselves in breach of the Genocide Convention."
Keep ReadingShow Less
'Their Blood Is on Gene Block': UCLA Students Injured in Violent Police Raid
Officers in military gear fired flash-bang munitions and used batons to clear a nonviolent encampment calling for an end to Israel's U.S.-backed war on Gaza.
May 02, 2024
Los Angeles police wearing riot gear launched a violent attack on a pro-Palestinian encampment at UCLA early Thursday, using flash bangs and firing impact munitions at students demanding an end to their university's complicity in Israel's war on Gaza.
Video footage posted to social media by reporters present at the scene shows officers firing multiple "less lethal" munitions and sound-concussive devices at student demonstrators as they closed in on the encampment, which UCLA's leadership has declared unlawful.
Police reportedly arrested dozens of students as they advanced on the encampment.
"They'd rather shoot kids than stop this genocide," said one observer.
Police fire multiple impact munitions at protestors. 4:38am pic.twitter.com/960I4iVMtt
— Sergio Olmos (@MrOlmos) May 2, 2024
Graeme Blair, an associate professor of political science and member of Faculty for Justice in Palestine at UCLA, told the university's student newspaper early Thursday that police officers "violently dragged" students from the Gaza solidarity encampment and that some demonstrators were "visibly injured."
"Their blood is on Gene Block and the UC administration's hands for a series of catastrophic decisions over the last two days," said Blair, referring to UCLA's chancellor. "It did not need to be this way."
Blair said UCLA professors inside the encampment "plan to be arrested alongside students who have done nothing but talk about a genocide taking place in Palestine."
Matt Barreto, a professor of Chicano studies and political science, told the Los Angeles Times that "our job is to stand up for their First Amendment rights, their rights on their own campus."
Police arrest protestor 4:55am pic.twitter.com/udgS0Terc9
— Sergio Olmos (@MrOlmos) May 2, 2024
The police raid came 24 hours after Los Angeles officers and campus security stood by as a pro-Israel mob violently attacked pro-Palestinian demonstrators. Dozens of students were reportedly taken to hospitals for treatment following the assault.
The Daily Bruin, whose student journalists were on the scene, reported Thursday that police "continued to detain protesters in the encampment as the clock struck 4:00 am, marking one week since the initial erection of the solidarity encampment by the UC Divest Coalition and Students for Justice in Palestine at UCLA."
"At 4:05 am, a slew of loud noises presumed to be flash bangs went off," the newspaper added. "Dozens of protesters exited the encampment by climbing through the bushes near Powell Library onto the Janss Steps lawn. Protesters chanted, 'Gene Block, you can't hide, we charge you with genocide' and, 'We are students' as smoke from the presumed flash bangs thickened above Dickson Plaza."
The police crackdown at UCLA is part of a broader wave of police repression on campuses nationwide as universities refuse to grant their student's calls for divestment from companies profiting off Israel's assault on Gaza. More than 1,000 student demonstrators have reportedly been arrested across the U.S. so far.
"It is no accident that this indefensible police crackdown comes in service of an indefensible war," The Intercept's Natasha Lennard wrote in a column Wednesday following the violent police raid at Columbia University in New York. "The very extremity of protest repression speaks to desperation on the part of institutions of the American establishment."
"Israel's decimation of Gaza has—at least for millions more people—given lie to the redemptive myths of the post-World War II political liberal order," Lennard added. "Young people, even the children of the elite, even children of Zionists, are standing with Palestine. Their peaceful acts of protest count as disruptive because they count as un-American—which should be a badge of honor amid a U.S.-backed genocide."
Keep ReadingShow Less
Most Popular