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More than 800 scientists and academics in Virginia, including nearly 300 from the University of Virginia (UVA), today sent a letter
(pdf) to Virginia Attorney General Ken Cuccinelli, urging him to drop
his investigation of former UVA Professor Michael Mann's scientific
research.
"This letter shows that much of Virginia's
scientific and academic community is appalled that their attorney
general has launched such a blatantly political investigation," said
Francesca Grifo, director of the Scientific Integrity Program at the
Union of Concerned Scientists (UCS), which facilitated the organizing
of the letter.
UVA has until Thursday, May 27, to decide
whether it will contest the attorney general's "civil investigative
demand," which essentially subpoenaed documents related to state grants
Mann received. Cuccinelli, who has said he does not believe climate
change is caused by human activity, is investigating Mann under the Fraud Against Taxpayers Act, which makes it illegal to "knowingly" present a "false or fraudulent" claim to the state to obtain compensation.
"Labeling
scientific findings 'fraudulent' sets a disturbing precedent for
attacking peer-reviewed science in the legal system," said Grifo.
The
attorney general's action is just the most recent unjustified attack
against climate science and scientists, but the letter signers fear it
could have a much more lasting and damaging effect.
"Science
is a search for the truth," said Jeff Holt, an associate professor in
UVA's Department of Neuroscience, one of the 810 people who signed the
letter. "If scientists are hassled, reprimanded or sued based on their
data or their findings, it will dissuade scientists in their search for
the truth. This lawsuit harkens back to the Dark Ages when scientists
were tried for heresy when their findings ran contrary to the dogma of
the day."
Another letter signatory, Amato Evan, an assistant
professor in UVA's Department of Environmental Sciences, is worried
about who could be targeted next. "As long as Virginia Attorney General
Ken Cuccinelli is in office, in the back of my head I'll be wondering
if my work on global climate change is going to fall under the same
senseless attacks as Dr. Mann's has," he said. "This feels like
harassment, plain and simple, and is wasting the time of the other
faculty and staff members in my department. I sincerely hope enough
pressure is put on the Virginia attorney general to halt this absurd inquisition."
The letter makes it clear that a criminal
investigation of scientific research is inappropriate: "Fortunately,
there are numerous safeguards within science that root out scientific
misconduct," it states. "It is entirely appropriate for scientific
institutions to review the work of scientists and hold them accountable
for their actions. But scientists who face unwarranted legal
intimidation will be less able to make new discoveries that can protect
our health, safety, and environment."
In addition, the letter
points out that historically, scientific discovery is held back when
government officials harass scientists.
Cuccinelli's office has
demanded that the university turn over what amounts to reams of
documents, including correspondence between Mann and other climate
scientists whose names appear in emails stolen from Britain's
University of East Anglia that generated media attention late last
year.
In the emails, scientists expressed frustration with
relentless attacks on their data and research methods. Every
investigation conducted to date of the email contents has concluded
that they have no bearing on climate science, which remains robust. A
number of investigations over the last few years also have vindicated
Mann's data and research methods.
Scientists "are searching
for cures for diseases, measuring the toxicity of environmental
contaminants, and developing new technologies that will keep America
strong," the letter states. If scientists are to serve the public good,
wrote the scientists, "they must have the freedom to explore ideas
without fearing that any individual statement or email will be taken
out of context."
Scientists and academics from most of
Virginia's major higher education institutions signed the letter,
including Christopher Newport University (5), College of William and
Mary (38), George Mason University (85), James Madison University (31),
Old Dominion University (19), Radford University (15), Randolph-Macon
College (30), University of Mary Washington (21), University of
Richmond (26), UVA (296), Virginia Commonwealth University (30),
Virginia Polytechnic Institute and State University (68).
The Union of Concerned Scientists is the leading science-based nonprofit working for a healthy environment and a safer world. UCS combines independent scientific research and citizen action to develop innovative, practical solutions and to secure responsible changes in government policy, corporate practices, and consumer choices.
"Can't follow the law when a judge says fund the program, but have to follow the rules exactly when they say don't help poor people afford food," one lawyer said.
As the Trump administration continued its illegal freeze on food assistance, the US Department of Agriculture sent a warning to grocery stores not to provide discounts to the more than 42 million Americans affected.
Several grocery chains and food delivery apps have announced in recent days that they would provide substantial discounts to those whose Supplemental Nutrition Assistance Program (SNAP) benefits have been delayed. More than 1 in 8 Americans rely on the program, and 39% of them are children.
But on Sunday, Catherine Rampell, a reporter at the Washington Post published an email from the USDA that was sent to grocery stores around the country, telling them they were prohibited from offering special discounts to those at greater risk of food insecurity due to the cuts.
"You must offer eligible foods at the same prices and on the same terms and conditions to SNAP-EBT customers as other customers, except that sales tax cannot be charged on SNAP purchases," the email said. "You cannot treat SNAP-EBT customers differently from any other customer. Offering discounts or services only to SNAP-eligible customers is a SNAP violation unless you have a SNAP equal treatment waiver."
The email referred to SNAP's "Equal Treatment Rule," which prohibits stores from discriminating against SNAP recipients by charging them higher prices or treating them more favorably than other customers by offering them specialized sales or incentives.
Rampell said she was "aware of at least two stores that had offered struggling customers a discount, then withdrew it after receiving this email."
She added that it was "understandable why grocery stores might be scared off" because "a store caught violating the prohibition could be denied the ability to accept SNAP benefits in the future. In low-income areas where the SNAP shutdown will have the biggest impact, getting thrown off SNAP could mean a store is no longer financially viable."
While the rule prohibits special treatment in either direction, legal analyst Jeffrey Evan Gold argues that it was a "perverted interpretation of a rule that stops grocers from price gouging SNAP recipients... charging them more when they use food stamps."
The government also notably allows retailers to request waivers for programs that incentivize SNAP recipients to purchase healthy food.
Others pointed out that SNAP is currently not paying out to Americans because President Donald Trump is defying multiple federal court rulings issued Friday, requiring him to tap a $6 billion contingency fund to ensure benefit payments go out. Both courts, in Massachusetts and Rhode Island, have said his administration's refusal to pay out benefits is against the law.
One labor movement lawyer summed up the administration's position on social media: "Can't follow the law when a judge says fund the program, but have to follow the rules exactly when they say don't help poor people afford food."
"You need to understand that he actually believes it is illegal to criticize him," wrote Sen. Chris Murphy.
After failing to use the government's might to bully Jimmy Kimmel off the air earlier this fall, President Donald Trump is once again threatening to bring the force of law down on comedians for the egregious crime of making fun of him.
This time, his target was NBC late-night host Seth Meyers, whom the president said, in a Truth Social post Saturday, "may be the least talented person to 'perform' live in the history of television."
On Thursday, the comedian hosted a segment mocking Trump's bizarre distaste for the electromagnetic catapults aboard Navy ships, which the president said he may sign an executive order to replace with older (and less efficient) steam-powered ones.
Trump did not take kindly to Meyers' barbs: "On and on he went, a truly deranged lunatic. Why does NBC waste its time and money on a guy like this??? - NO TALENT, NO RATINGS, 100% ANTI TRUMP, WHICH IS PROBABLY ILLEGAL!!!"
It is, of course, not "illegal" for a late-night comedian, or any other news reporter or commentator, for that matter, to be "anti-Trump." But it's not the first time the president has made such a suggestion. Amid the backlash against Kimmel's firing in September, Trump asserted that networks that give him "bad publicity or press" should have their licenses taken away.
"I read someplace that the networks were 97% against me... I mean, they’re getting a license, I would think maybe their license should be taken away,” Trump said. "All they do is hit Trump. They’re licensed. They’re not allowed to do that.”
His FCC director, Brendan Carr, used a similar logic to justify his pressure campaign to get Kimmel booted by ABC, which he said could be punished for airing what he determined was "distorted” content.
Before Kimmel, Carr suggested in April that Comcast may be violating its broadcast licenses after MSNBC declined to air a White House press briefing in which the administration defended its wrongful deportation of Salvadoran immigrant Kilmar Abrego Garcia.
"You need to understand that he actually believes it is illegal to criticize him," wrote Sen. Chris Murphy (D-Conn.) on social media following Trump's tirade against Meyers. "Why? Because Trump believes he—not the people—decides the law. This is why we are in the middle of, not on the verge of, a totalitarian takeover."
"An ICE officer may ignore evidence of American citizenship—including a birth certificate—if the app says the person is an alien," said the ranking member of the House Homeland Security Committee.
Immigration agents are using facial recognition software as "definitive" evidence to determine immigration status and is collecting data from US citizens without their consent. In some cases, agents may detain US citizens, including ones who can provide their birth certificates, if the app says they are in the country illegally.
These are a few of the findings from a series of articles published this past week by 404 Media, which has obtained documents and video evidence showing that Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) agents are using a smartphone app in the field during immigration stops, scanning the faces of people on the street to verify their citizenship.
The report found that agents frequently conduct stops that "seem to have little justification beyond the color of someone’s skin... then look up more information on that person, including their identity and potentially their immigration status."
While it is not clear what application the agencies are using, 404 previously reported that ICE is using an app called Mobile Fortify that allows ICE to simply point a camera at a person on the street. The photos are then compared with a bank of more than 200 million images and dozens of government databases to determine info about the person, including their name, date of birth, nationality, and information about their immigration status.
On Friday, 404 published an internal document from the Department of Homeland Security (DHS) which stated that "ICE does not provide the opportunity for individuals to decline or consent to the collection and use of biometric data/photograph collection." The document also states that the image of any face that agents scan, including those of US citizens, will be stored for 15 years.
The outlet identified several videos that have been posted to social media of immigration officials using the technology.
In one, taken in Chicago, armed agents in sunglasses and face coverings are shown accosting a pair of Hispanic teenagers on bicycles, asking where they are from. The 16-year-old boy who filmed the encounter said he is "from here"—an American citizen—but that he only has a school ID on him. The officer tells the boy he'll be allowed to leave if he'll "do a facial." The other officer then snaps a photo of him with a phone camera and asks his name.
In another video, also in Chicago, agents are shown surrounding a driver, who declines to show his ID. Without asking, one officer points his phone at the man. "I’m an American citizen, so leave me alone,” the driver says. "Alright, we just got to verify that,” the officer responds.
Even if the people approached in these videos had produced identification proving their citizenship, there's no guarantee that agents would have accepted it, especially if the app gave them information to the contrary.
On Wednesday, ranking member of the House Homeland Security Committee, Rep. Bennie Thompson (D-Miss.), told 404 that ICE agents will even trust the app's results over a person's government documents.
“ICE officials have told us that an apparent biometric match by Mobile Fortify is a ‘definitive’ determination of a person’s status and that an ICE officer may ignore evidence of American citizenship—including a birth certificate—if the app says the person is an alien,” he said.
This is despite the fact that, as Nathan Freed Wessler, deputy director of the ACLU's Speech, Privacy, and Technology Project, told 404, “face recognition technology is notoriously unreliable, frequently generating false matches and resulting in a number of known wrongful arrests across the country."
Thompson said: "ICE using a mobile biometrics app in ways its developers at CBP never intended or tested is a frightening, repugnant, and unconstitutional attack on Americans’ rights and freedoms.”
According to an investigation published in October by ProPublica, more than 170 US citizens have been detained by immigration agents, often in squalid conditions, since President Donald Trump returned to office in January. In many of these cases, these individuals have been detained because agents wrongly claimed the documents proving their citizenship are false.
During a press conference this week, Homeland Security Secretary Kristi Noem denied this reality, stating that "no American citizens have been arrested or detained" as part of Trump's "mass deportation" crusade.
"We focus on those who are here illegally," she said.
But as DHS's internal document explains, facial recognition software is necessary in the first place because "ICE agents do not know an individual's citizenship at the time of the initial encounter."
David Bier, the director of immigration studies at the Cato Institute, explains that the use of such technology suggests that ICE's operations are not "highly targeted raids," as it likes to portray, but instead "random fishing expeditions."