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The Center for Biological Diversity today filed nine Freedom of Information Act requests seeking the release of public records relating to surveillance of peaceful protests of federal fossil fuel auctions. Records obtained by the Intercept in July revealed that federal and local police agents went undercover at a May 20 public protest of a Bureau of Land Management fossil fuel auction in Lakewood, Colo.
Today's filings expand that inquiry to all federal fossil fuel auctions conducted by the Bureau of Land Management and Bureau of Ocean and Energy Management since August 2015, including 14 fossil fuel auctions that faced public "Keep it in the Ground" protests. The requests seek all internal federal correspondence related to the protests as well as communication with other agencies, including local, state, and federal law enforcement, industry, and private consultants.
"There's a large and growing movement of peaceful protesters calling on their government to make a moral choice to save our climate and end new fossil fuel leasing on public lands," said Taylor McKinnon with the Center. "The public has a right to know whether the government has launched a surveillance program targeting climate activists who are courageously speaking up for what's right."
Every oil and gas lease sale on public lands since September 2015 has faced climate protests as part of the "Keep it in the Ground" movement that is calling on President Obama to end all new fossil fuel leasing on public lands. Those protests have halted several BLM fossil fuel auctions, and spurred BLM and BOEM to begin conducting fossil fuel auctions online to avoid public controversy.
"Neither undercover surveillance nor moving fossil fuel auctions online will hide the dangerous disconnect between the Obama administration's climate rhetoric and its fossil fuel leasing policies," McKinnon said. "Until those policies align with U.S. climate goals, they'll continue to face growing public protest -- and rightfully so."
Download a copy of today's request here.
Background
The American public owns nearly 650 million acres of federal public land and more than 1.7 billion acres of Outer Continental Shelf -- and the fossil fuels beneath them. This includes federal public land, which makes up about a third of the U.S. land area, and oceans like Alaska's Chukchi Sea, the Gulf of Mexico and the Eastern Seaboard. These places and the fossil fuels beneath them are held in trust for the public by the federal government; federal fossil fuel leasing is administered by the Department of the Interior.
Over the past decade, the combustion of federal fossil fuels has resulted in nearly a quarter of all U.S. energy-related emissions. An 2015 report by EcoShift Consulting, commissioned by the Center for Biological Diversity and Friends of the Earth, found that remaining federal oil, gas, coal, oil shale and tar sands that have not been leased to industry contain up to 450 billion tons of potential greenhouse gas pollution. As of earlier this year, 67 million acres of federal fossil fuel were already leased to industry, an area more than 55 times larger than Grand Canyon National Park containing up to 43 billion tons of potential greenhouse gas pollution.
Last year Sens. Merkley (D-Ore.), Sanders (I-Vt.) and others introduced the Keep It In the Ground Act (S. 2238) legislation to end new federal fossil fuel leases and cancel non-producing federal fossil fuel leases. Days later President Obama canceled the Keystone XL tar sands pipeline, saying, "Because ultimately, if we're going to prevent large parts of this Earth from becoming not only inhospitable but uninhabitable in our lifetimes, we're going to have to keep some fossil fuels in the ground rather than burn them and release more dangerous pollution into the sky."
Download the September "Keep It in the Ground" letter to President Obama.
Download Grounded: The President's Power to Fight Climate Change, Protect Public Lands by Keeping Publicly Owned Fossil Fuels in the Ground (this report details the legal authorities with which a president can halt new federal fossil fuel leases).
Download The Potential Greenhouse Gas Emissions of U.S. Federal Fossil Fuels (this report quantifies the volume and potential greenhouse gas emissions of remaining federal fossil fuels) and The Potential Greenhouse Gas Emissions fact sheet.
Download Public Lands, Private Profits, a report about the corporations that are profiting from climate-destroying fossil fuel extraction on public lands.
Download the Center for Biological Diversity's legal petition calling on the Obama administration to halt all new offshore fossil fuel leasing.
Download the Center for Biological Diversity's legal petition with 264 other groups calling on the Obama administration to halt all new onshore fossil fuel leasing.
At the Center for Biological Diversity, we believe that the welfare of human beings is deeply linked to nature — to the existence in our world of a vast diversity of wild animals and plants. Because diversity has intrinsic value, and because its loss impoverishes society, we work to secure a future for all species, great and small, hovering on the brink of extinction. We do so through science, law and creative media, with a focus on protecting the lands, waters and climate that species need to survive.
(520) 623-5252In an interview with the New York Times, Minneapolis Mayor Jacob Frey described "marauding gangs of guys just walking down the street indiscriminately picking people up."
Minneapolis Mayor Jacob Frey is warning that the Trump administration has crossed a "terrifying line" with its use of federal immigration enforcement agents to brutalize and abduct people in his city.
In an interview with the New York Times published Saturday, Frey described operations that have taken place in his city as "marauding gangs of guys just walking down the street indiscriminately picking people up," likening it to a military "invasion."
During the interview, Frey was asked what he made of Attorney General Pam Bondi's recent offer to withdraw immigration enforcement forces from his city if Minnesota handed over its voter registration records to the federal government.
"That is wildly unconstitutional," Frey replied. "We should all be standing up and saying that’s not OK. Literally, listen to what they’re saying. Active threats like, Turn over the voter rolls or else, or we will continue to do what we’re doing. That’s something you can do in America now."
Frey was also asked about Minnesota Gov. Tim Walz's comments from earlier in the week where he likened the administration's invasion of Minneapolis to the first battle that took place during the US Civil War in Fort Sumter.
"I don’t think he’s saying that the Civil War is going to happen," said Frey. "I think what he’s saying is that a significant and terrifying line is being crossed. And I would agree with that."
As Frey issued warnings about the federal government's actions in Minneapolis, more horror stories have emerged involving US Immigration and Customs Enforcement (ICE) agents in Minnesota.
The Associated Press reported on Saturday that staff at the Hennepin County Medical Center in Minneapolis have been raising red flags over ICE agents' claims about Alberto Castañeda Mondragón, a Mexican immigrant whom they treated after he suffered a shattered skull earlier this month.
ICE agents who brought Castañeda Mondragón to the hospital told staffers that he had injured himself after he "purposefully ran headfirst into a brick wall" while trying to escape their custody.
Nurses who treated Castañeda Mondragón, however, said that there is no way that running headfirst into a wall could produce the sheer number of skull fractures he suffered, let alone the internal bleeding found throughout his brain.
“It was laughable, if there was something to laugh about," one nurse at the hospital told the Associated Press. “There was no way this person ran headfirst into a wall."
According to a Saturday report in the New York Times, concern over ICE's brutality has grown to such an extent that many Minnesota residents, including both documented immigrants and US citizens, have started wearing passports around their necks to avoid being potentially targeted.
Joua Tsu Thao, a 75-year-old US citizen who came to the country after aiding the American military during the Vietnam War, said the aggressive actions of immigration officers have left him with little choice but to display his passport whenever he walks outside his house.
"We need to be ready before they point a gun to us," Thao explained to the Times.
CNN on Friday reported that ICE has been rounding up refugees living in Minnesota who were allowed to enter the US after undergoing "a rigorous, years-long vetting process," and sending them to a facility in Texas where they are being prepared for deportation.
Lawyers representing the abducted refugees told CNN that their clients have been "forced to recount painful asylum claims with limited or no contact with family members or attorneys."
Some of the refugees taken to Texas have been released from custody. But instead of being flown back home, they were released in Texas "without money, identification, or phones," CNN reported.
Laurie Ball Cooper, vice president for US legal programs at the International Refugee Assistance Project, told CNN that government agents abducting refugees who had previously been allowed into the US is part of "a campaign of terror" that "is designed to scare people."
"It’s one of those rare, unicorn films that doesn’t have a single redeeming quality," said one critic.
Critics have weighed in on Amazon MGM Studios' documentary about first lady Melania Trump, and their verdicts are overwhelmingly negative.
According to review aggregation website Metacritic, Melania—which Amazon paid $40 million to acquire and $35 million to market—so far has received a collective score of just 6 out of 100 from critics, which indicates "overwhelming dislike."
Similarly, Melania scores a mere 6% on Rotten Tomatoes' "Tomameter," indicating that 94% of reviews for the movie so far have been negative.
One particularly brutal review came from Nick Hilton, film critic for the Independent, who said that the first lady came off in the film as "a preening, scowling void of pure nothingness" who leads a "vulgar, gilded lifestyle."
Hilton added that the film is so terrible that it fails even at being effective propaganda and is likely to be remembered as "a striking artifact... of a time when Americans willingly subordinated themselves to a political and economic oligopoly."
The Guardian's Xan Brooks delivered a similarly scathing assessment, declaring the film "dispiriting, deadly and unrevealing."
"It’s one of those rare, unicorn films that doesn’t have a single redeeming quality," Brooks elaborated. "I’m not even sure it qualifies as a documentary, exactly, so much as an elaborate piece of designer taxidermy, horribly overpriced and ice-cold to the touch and proffered like a medieval tribute to placate the greedy king on his throne."
Donald Clarke of the Irish Times also discussed the film's failure as a piece of propaganda, and he compared it unfavorably to the work of Nazi propagandist Leni Riefenstahl.
"Melania... appears keener on inducing narcolepsy in its viewers than energizing them into massed marching," he wrote. "Triumph of the Dull, perhaps."
Variety's Owen Gleiberman argued that the Melania documentary is utterly devoid of anything approaching dramatic stakes, which results in the film suffering from "staggering inertia."
"Mostly it’s inert," Gleiberman wrote of the film. "It feels like it’s been stitched together out of the most innocuous outtakes from a reality show. There’s no drama to it. It should have been called 'Day of the Living Tradwife.'"
Frank Scheck of the Hollywood Reporter found that the movie mostly exposes Melania Trump is an empty vessel without a single original thought or insight, instead deploying "an endless number of inspirational phrases seemingly cribbed from self-help books."
Kevin Fallon of the Daily Beast described Melania as "an unbelievable abomination of filmmaking" that reaches "a level of insipid propaganda that almost resists review."
"It's so expected," Fallon added, "and utterly pointless."
"This memo bends over backwards to say that ICE agents have nothing but green lights to make an arrest without even a supervisor’s approval," said one former ICE official.
An internal legal memo obtained by the New York Times reveals that federal immigration enforcement agents are claiming broad new powers to carry out warrantless arrests.
The Times reported on Friday that the memo, which was signed by US Immigration and Customs Enforcement (ICE) Acting Director Todd Lyons, "expands the ability of lower-level ICE agents to carry out sweeps rounding up people they encounter and suspect are undocumented immigrants, rather than targeted enforcement operations in which they set out, warrant in hand, to arrest a specific person."
In the past, agents have been granted the power to carry out warrantless arrests only in situations where they believe a suspected undocumented immigrant is a "flight risk" who is unlikely to comply with obligations such as appearing at court hearings.
However, the memo declares this standard to be “unreasoned” and “incorrect,” saying that agents should feel free to carry out arrests so long as the suspect is "unlikely to be located at the scene of the encounter or another clearly identifiable location once an administrative warrant is obtained."
Scott Shuchart, former head of policy at ICE under President Joe Biden, told the Times that the memo appears to open the door to give the agency incredibly broad arrest powers.
"This memo bends over backwards," Shuchart said, "to say that ICE agents have nothing but green lights to make an arrest without even a supervisor’s approval."
Claire Trickler-McNulty, former senior adviser at ICE during the Biden administration, said the memo's language was so broad that "it would cover essentially anyone they want to arrest without a warrant, making the general premise of ever getting a warrant pointless."
Aaron Reichlin-Melnick, senior fellow at the American Immigration Council, noted in a social media post that the memo appears to be a way for ICE to "get around an increasing number of court orders requiring [US Department of Homeland Security] to follow the plain words of the law which says administrative warrantless arrests are only for people 'likely to escape.'"
The memo broadens the terms, Reichlin-Melnick added, so that "anyone who refuses to wait for a warrant to be issued" is deemed "likely to escape."
Stanford University political scientist Tom Clark questioned the validity of the memo, which appears to directly conflict with the Fourth Amendment of the US Constitution, which requires search warrants as a protection against "unreasonable searches and seizures."
"So, here’s how the law works," he wrote. "People on whom it imposes constraints don’t get to just write themselves a memo saying they don’t have to follow the law. Maybe I’ll write myself a memo saying that I don’t have to pay my taxes this year."