Sunday, September 20, 2020

RSN: Robert Reich | Racism Is Profitable

 



 

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17 September 20

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Robert Reich | Racism Is Profitable
Robert Reich. (photo: Getty)
Robert Reich, Robert Reich's Blog
Reich writes: "It all boils down to this simple truth: Racism is profitable."

ince the first colonizers arrived in the United States to this very moment, wealthy elites have used the tools of theft, exclusion, and exploitation to expand their wealth and power at the detriment of Black, Latinx, Indigenous people, and marginalized people of color.It all boils down to this simple truth: Racism is profitable.

The profitability of racism sparks a vicious cycle called the Oppression Economy:Elite institutions are motivated to keep suppressing the economic vitality of people of color. That economic oppression in turn hinders their political power, and that political oppression kneecaps their ability to change the system. 

This cycle plays out in every aspect of our economy and is particularly apparent in mass incarceration.The criminalization of people of color is a multibillion-dollar industry: In 2017 alone, mass incarceration cost $182 billion; trapping mostly low-income Black and Latinx people in a cycle of economic and political disenfranchisement. 

If we follow the money, we find that some of America’s largest banks, including Wells Fargo, Bank of America, and JPMorgan Chase, have all extended millions of dollars in credit lines to for-profit prison operators like GEO Group and CoreCivic. 

The unregulated operations of prisons has increasingly mandated cheap service for maximum profit. For example, bail bonds companies, telecommunications, food, and commissary companies gouge both those incarcerated and their families.The exploitation doesn’t stop upon release from prison. 

The suppression of economic vitality of people of color is just beginning. Because of discrimination, formerly incarcerated people face an unemployment rate of 27 percent — higher than the total U.S. unemployment rate during any historical period, including during this pandemic and the Great Depression. 

Fines and fees associated with the criminal “justice” system have placed $50 billion in debt on the shoulders of approximately 10 million people who have been through the system. To make matters worse, many states bar people convicted of felonies from receiving any government assistance.That’s just incarceration. 

Over the past four decades, the cost of policing in the U.S. has skyrocketed, almost tripling from $42.3 billion in 1977 to $114.5 billion in 2017. Of the 100 largest cities in America, the nine police forces that kill people at the highest rate per population all take up over 30 percent of their cities’ budgets — leaving paltry resources to invest in housing, education, or health care.

This deliberate economic oppression suppresses political power of people of color, weakening their constitutional right to change the rules of a system that regulates whether or not profit can be derived from racism. 

In our current system, the wealthy elite use their purchased political power to manipulate the system for their own gain at the expense of people of color.

Let’s turn back to people who are incarcerated. In 48 states, those who are currently or formerly incarcerated face restrictions on their right to vote. Yet, inmates count as residents of where they are incarcerated, rather than their hometowns. That means people in prison have no representation, and are used as pawns to skew representational power towards the largely white, rural areas that house prisons. 

This leaves incarcerated people’s hometowns under-represented. The restrictions on voting power don’t end upon release. 6.1 million people are prevented from casting a ballot due to a prior felony conviction, and 1 in 13 Black people have lost their right to vote due to felony disenfranchisement, compared to 1 in 56 non-Black people.

It’s a never-ending cycle that has been churning for centuries: the profitability of racism motivates elite institutions to continue economic oppression of people of color that in turn hinders their political power, and that political oppression kneecaps their ability to change the system in which racism is so profitable.

So how do we break the cycle?

Let’s start with supporting candidates and pressuring elected officials at every level of government who will support bold policies that dismantle the Oppression Economy and build a Liberation Economy — and remove those that don’t. 

To end the Oppression Economy, our government must end the criminalization of people of color, end their political suppression, and curb runaway corporate power.

And, to build a Liberation Economy our government must guarantee that all people of color have access to basic economic rights like guaranteed income and employment, universal health care, guaranteed housing, a free college education and generational wealth.    

This Liberation Economy is within our power to create. As Teddy Roosevelt said, “we are the government.” It does not belong to the corporations and the plutocrats that currently control them. It belongs to us, and it is within our power to take it back.

We can break this cycle, if we act together.

Let’s get to work.

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Military police hold a line near the White House as demonstrators gather to protest police brutality on June 1, 2020 in Washington, DC. (photo: Olivier Doulery/Getty)
Military police hold a line near the White House as demonstrators gather to protest police brutality on June 1, 2020 in Washington, DC. (photo: Olivier Doulery/Getty)


Federal Officials Stockpiled Munitions, Sought 'Heat Ray' Device Before Clearing Park Near White House, Whistleblower Says
Marissa J. Lang, The Washington Post
Lang writes: "Hours before law enforcement forcibly cleared protesters from Lafayette Square in early June amid protests over the police killing of George Floyd, federal officials began to stockpile ammunition and seek devices that could emit deafening sounds and make anyone within range feel like their skin is on fire, according to an Army National Guard major who was there."
READ MORE



LaShenda Williams had been living in her car parked in the Kroger parking lot before she was hired by the store. (photo: The Kroger Co.)
LaShenda Williams had been living in her car parked in the Kroger parking lot before she was hired by the store. (photo: The Kroger Co.)


Nashville Kroger Hires Homeless Woman Who Slept in the Grocery Store's Parking Lot
TODAY Show
Excerpt: "After many months of living out of her car that was parked in a Kroger grocery store's lot, LaShenda Williams was feeling increasingly hopeless. Today, thanks to one attentive hiring manager, that supermarket has now welcomed her with a job and a fresh start."

After being homeless for a year, LaShenda Williams had nearly given up hope.

Williams, who has faced drug addiction and abuse, was homeless for about a year. During the day she would drive around to different locations, but most nights she would park outside of the same Kroger.

“I would lean my seat all the way back so no one would see me because, you know, I knew I wasn’t supposed to be there,” Williams told NBC Nightly News.

Williams' fate changed when she met Kroger employee Jackie Vandal, who oversees hiring at the store location where Williams would often park. Late last year, Vandal told her about an upcoming job fair.

“It was just a sense, a gut feeling,” Vandal said. “You can just tell when people are really genuine and when people, you know, are trying."

On the day of the job fair, Williams was one of the first applicants, Vandal recalled. Vandal spent several hours helping Williams fill out the job application online. After reviewing Williams credentials, she then hired her on the spot.

Williams started to work at Kroger in December, just a few days after the job fair. She currently monitors and assists customers in the self-checkout lanes. After eight months on the job, Williams had earned enough money to move into her own one-bedroom apartment, which her new co-workers helped her set up and furnish.

Melissa Eads, a corporate affairs manager for Kroger's Nashville division, told TODAY that local community members and fellow employees donated furniture, household items, clothes and shoes to "help her get back on her feet."

Williams is grateful to have been given the opportunity to change the course of her life and is committed to keep working hard.

“For the very first time in my life, now I know what love is," she said tearfully. "Now I know what friendship is."

Eads said Williams has been a great employee.

“We are so lucky to have Lashenda as part of our Kroger family,” said Eads. “Her uplifting spirit is contagious. She has made such a positive impact on her fellow team members, and so many customers as well."

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Comedian, writer and veterans advocate Jon Stewart speaks at a press conference on ‘The Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2020’ at the House Triangle in Washington, D.C. (photo: Paul Morigi/Getty)
Comedian, writer and veterans advocate Jon Stewart speaks at a press conference on ‘The Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2020’ at the House Triangle in Washington, D.C. (photo: Paul Morigi/Getty)

Jon Stewart Uses His Celebrity to Bring Attention to Vets Exposed to Burn Pits
Quil Lawrence, NPR
Lawrence writes: "Since retiring from television in 2015, comedian Jon Stewart's most prominent work has been on behalf of Sept. 11 first responders - people who got sick after working in the toxic wreckage of the World Trade Center in New York. Many credit his celebrity testimony in 2019 with pushing Congress to preserve the Sept. 11 Victims Compensation fund."
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A 6,600-word internal memo from a fired Facebook data scientist details how the social network knew leaders of countries around the world were using their site to manipulate voters - and failed to act. (photo: iStock)
A 6,600-word internal memo from a fired Facebook data scientist details how the social network knew leaders of countries around the world were using their site to manipulate voters - and failed to act. (photo: iStock)


"Have Blood on My Hands": A Whistleblower Says Facebook Ignored Global Political Manipulation
Craig Silverman, Ryan Mac and Pranav Dixit, BuzzFeed News
Excerpt: "Facebook ignored or was slow to act on evidence that fake accounts on its platform have been undermining elections and political affairs around the world, according to an explosive memo sent by a recently fired Facebook employee and obtained by BuzzFeed News."

A 6,600-word internal memo from a fired Facebook data scientist details how the social network knew leaders of countries around the world were using their site to manipulate voters — and failed to act.


The 6,600-word memo, written by former Facebook data scientist Sophie Zhang, is filled with concrete examples of heads of government and political parties in Azerbaijan and Honduras using fake accounts or misrepresenting themselves to sway public opinion. In countries including India, Ukraine, Spain, Brazil, Bolivia, and Ecuador, she found evidence of coordinated campaigns of varying sizes to boost or hinder political candidates or outcomes, though she did not always conclude who was behind them.

“In the three years I’ve spent at Facebook, I’ve found multiple blatant attempts by foreign national governments to abuse our platform on vast scales to mislead their own citizenry, and caused international news on multiple occasions,” wrote Zhang, who declined to talk to BuzzFeed News. Her LinkedIn profile said she “worked as the data scientist for the Facebook Site Integrity fake engagement team” and dealt with “bots influencing elections and the like.”

“I have personally made decisions that affected national presidents without oversight, and taken action to enforce against so many prominent politicians globally that I’ve lost count,” she wrote.

The memo is a damning account of Facebook’s failures. It’s the story of Facebook abdicating responsibility for malign activities on its platform that could affect the political fate of nations outside the United States or Western Europe. It's also the story of a junior employee wielding extraordinary moderation powers that affected millions of people without any real institutional support, and the personal torment that followed.

“I know that I have blood on my hands by now,” Zhang wrote.

These are some of the biggest revelations in Zhang’s memo:

  • It took Facebook’s leaders nine months to act on a coordinated campaign “that used thousands of inauthentic assets to boost President Juan Orlando Hernandez of Honduras on a massive scale to mislead the Honduran people.” Two weeks after Facebook took action against the perpetrators in July, they returned, leading to a game of “whack-a-mole” between Zhang and the operatives behind the fake accounts, which are still active.

  • In Azerbaijan, Zhang discovered the ruling political party “utilized thousands of inauthentic assets... to harass the opposition en masse.” Facebook began looking into the issue a year after Zhang reported it. The investigation is ongoing.

  • Zhang and her colleagues removed “10.5 million fake reactions and fans from high-profile politicians in Brazil and the US in the 2018 elections.”

  • In February 2019, a NATO researcher informed Facebook that "he’d obtained Russian inauthentic activity on a high-profile U.S. political figure that we didn’t catch." Zhang removed the activity, “dousing the immediate fire,” she wrote.

  • In Ukraine, Zhang “found inauthentic scripted activity” supporting both former prime minister Yulia Tymoshenko, a pro–European Union politician and former presidential candidate, as well as Volodymyr Groysman, a former prime minister and ally of former president Petro Poroshenko. “Volodymyr Zelensky and his faction was the only major group not affected,” Zhang said of the current Ukrainian president.

  • Zhang discovered inauthentic activity — a Facebook term for engagement from bot accounts and coordinated manual accounts— in Bolivia and Ecuador but chose “not to prioritize it,” due to her workload. The amount of power she had as a mid-level employee to make decisions about a country’s political outcomes took a toll on her health.

  • After becoming aware of coordinated manipulation on the Spanish Health Ministry’s Facebook page during the COVID-19 pandemic, Zhang helped find and remove 672,000 fake accounts “acting on similar targets globally” including in the US.

  • In India, she worked to remove “a politically-sophisticated network of more than a thousand actors working to influence" the local elections taking place in Delhi in February. Facebook never publicly disclosed this network or that it had taken it down.

“We’ve built specialized teams, working with leading experts, to stop bad actors from abusing our systems, resulting in the removal of more than 100 networks for coordinated inauthentic behavior," Facebook spokesperson Liz Bourgeois said in a statement. "It’s highly involved work that these teams do as their full-time remit. Working against coordinated inauthentic behavior is our priority, but we’re also addressing the problems of spam and fake engagement. We investigate each issue carefully, including those that Ms. Zhang raises, before we take action or go out and make claims publicly as a company."

BuzzFeed News is not publishing Zhang’s full memo because it contains personal information. This story includes full excerpts when possible to provide appropriate context.

In her post, Zhang said she did not want it to go public for fear of disrupting Facebook’s efforts to prevent problems around the upcoming 2020 US presidential election, and due to concerns about her own safety. BuzzFeed News is publishing parts of her memo that are clearly in the public interest.

“I consider myself to have been put in an impossible spot – caught between my loyalties to the company and my loyalties to the world as a whole,” she said. “The last thing I want to do is distract from our efforts for the upcoming U.S. elections, yet I know this post will likely do so internally.”

Zhang said she turned down a $64,000 severance package from the company to avoid signing a nondisparagement agreement. Doing so allowed her to speak out internally, and she used that freedom to reckon with the power that she had to police political speech.

“There was so much violating behavior worldwide that it was left to my personal assessment of which cases to further investigate, to file tasks, and escalate for prioritization afterwards,” she wrote.

That power contrasted with what she said seemed to be a lack of desire from senior leadership to protect democratic processes in smaller countries. Facebook, Zhang said, prioritized regions including the US and Western Europe, and often only acted when she repeatedly pressed the issue publicly in comments on Workplace, the company’s internal, employee-only message board.

“With no oversight whatsoever, I was left in a situation where I was trusted with immense influence in my spare time,” she wrote. “A manager on Strategic Response mused to myself that most of the world outside the West was effectively the Wild West with myself as the part-time dictator – he meant the statement as a compliment, but it illustrated the immense pressures upon me.”

A former Facebook engineer who knew her told BuzzFeed News that Zhang was skilled at discovering fake account networks on the platform.

“She's the only person in this entire field at Facebook that I ever trusted to be earnest about this work," said the engineer, who had seen a copy of Zhang’s post and asked not to be named because they no longer work at the company.

“A lot of what I learned from that post was shocking even to me as someone who's often been disappointed at how the company treats its best people," they said.

Zhang’s memo said the lack of institutional support and heavy stakes left her unable to sleep. She often felt responsible when civil unrest took hold in places she didn’t prioritize for investigation and action.

“I have made countless decisions in this vein – from Iraq to Indonesia, from Italy to El Salvador,” she wrote. “Individually, the impact was likely small in each case, but the world is a vast place.”

Still, she did not believe that the failures she observed during her two and a half years at the company were the result of bad intent by Facebook’s employees or leadership. It was a lack of resources, Zhang wrote, and the company’s tendency to focus on global activity that posed public relations risks, as opposed to electoral or civic harm.

“Facebook projects an image of strength and competence to the outside world that can lend itself to such theories, but the reality is that many of our actions are slapdash and haphazard accidents,” she wrote.

“We simply didn’t care enough to stop them”

Zhang wrote that she was just six months into the job when she found coordinated inauthentic behavior — Facebook’s internal term for the use of multiple fake accounts to boost engagement or spread content — benefiting Honduran President Juan Orlando Hernández.

The connection to the Honduran leader was made, Zhang said, because an administrator for the president’s Facebook page had been “happily running hundreds of these fake assets without any obfuscation whatsoever in a show of extreme chutzpah.” The data scientist said she reported the operation, which involved thousands of fake accounts, to Facebook’s threat intelligence and policy review teams, both of which took months to act.

“Local policy teams confirmed that President JOH’s marketing team had openly admitted to organizing the activity on his behalf,” she wrote. “Yet despite the blatantly violating nature of this activity, it took me almost a year to take down his operation.”

That takedown was announced by Facebook in July 2019, but proved futile. Soon, the operation was soon back up and running, a fact Facebook has never disclosed.

“They had returned within two weeks of our takedown and were back in a similar volume of users,” Zhang wrote, adding that she did a final sweep for the fake accounts on her last day at Facebook. “A year after our takedown, the activity is still live and well.”

In Azerbaijan, she found a large network of inauthentic accounts used to attack opponents of President Ilham Aliyev of Azerbaijan and his ruling New Azerbaijan Party, which uses the acronym YAP. Facebook still has not disclosed the influence campaign, according to Zhang.

The operation detailed in the memo is reminiscent of those of Russia’s Internet Research Agency, a private troll farm that tried to influence the 2016 US elections, because it involved “dedicated employees who worked 9-6 Monday-Friday work weeks to create millions of comments” targeting members of the opposition and media reports seen as negative to Aliyev.

“Multiple official accounts for district-level divisions of the ruling YAP political party directly controlled numerous of these fake assets without any obfuscation whatsoever in another display of arrogance,” she wrote. “Perhaps they thought they were clever; the truth was, we simply didn’t care enough to stop them.”

Katy Pearce, an associate professor at the University of Washington who studies social media and communication technology in Azerbaijan, told BuzzFeed News that fake Facebook accounts have been used to undermine the opposition and independent media in the country for years.

“One of the big tools of authoritarian regimes is to humiliate the opposition in the mind of the public so that they're not viewed as a credible or legitimate alternative,” she told BuzzFeed News. “There's a chilling effect. Why would I post something if I know that I'm going to deal with thousands or hundreds of these comments, that I'm going to be targeted?”

Pearce said Zhang’s comment in the memo that Facebook “didn’t care enough to stop” the fake accounts and trolling aligns with her experience. “They have bigger fish to fry,” she said.

A person who managed social media accounts for news organizations in Azerbaijan told BuzzFeed News that their pages were inundated with inauthentic Facebook comments.

“We used to delete and ban them because we didn’t want people who came to our page to be discouraged and not react or comment,” said the person, who asked not to be named because they were not authorized to speak for their employer. “But since [the trolls] are employees, it’s easy for them to open new accounts.”

They said Facebook has at times made things worse by removing the accounts or pages of human rights activists and other people after trolls report them. “We tried to tell Facebook that this is a real person who does important work,” but it took weeks for the page to be restored.

Zhang wrote that a Facebook investigation into fake accounts and trolling in Azerbaijan is now underway, more than a year after she first reported the issue. On the day of her departure, she called it her “greatest unfinished business” to stop the fake behavior in the country.

“Many others would think nothing of myself devoting this attention to the United States, but are shocked to see myself fighting for these small countries,” she wrote. “To put it simply, my methodologies were systematic globally, and I fought for Honduras and Azerbaijan because that was where I saw the most ongoing harm.”

“I have blood on my hands”

In other examples, Zhang revealed new information about a large-scale fake account network used to amplify and manipulate information about COVID-19, as well as a political influence operation that used fake accounts to influence 2018 elections in the US and Brazil. Some of these details were not previously disclosed by Facebook, suggesting the company’s regular takedown announcements remain selective and incomplete.

Zhang said Facebook removed 672,000 “low-quality fake accounts” after press reports in April that some of the accounts had been engaging with COVID-19 content on the Spanish Health Ministry’s page. She said accounts in that network also engaged with content on US pages. Facebook did not disclose how many accounts it removed, or that those accounts engaged with content in other countries, including the US.

Zhang also shared new details about the scale of inauthentic activity during the 2018 midterm elections in the US, and from Brazilian politicians that same year. “We ended up removing 10.5 million fake reactions and fans from high-profile politicians in Brazil and the U.S. in the 2018 elections – major politicians of all persuasions in Brazil, and a number of lower-level politicians in the United States,” she wrote.

September 2018 briefing about Facebook’s election work in the US and Brazil disclosed that it had acted against a network in Brazil that used “fake accounts to sow division and share disinformation,” as well as a set of groups, pages, and accounts that were “falsely amplifying engagement for financial gain.” It did not fully mention Zhang's findings.

The scale of this activity — 672,000 fake accounts in one network, 10.5 million fake engagement and fans in others — indicates active fake accounts are a global problem, and are used to manipulate elections and public debate around the world.

As one of the few people looking for and identifying fake accounts impacting civic activity outside of “priority” regions, Zhang struggled with the power she had been handed.

“We focus upon harm and priority regions like the United States and Western Europe,” Zhang wrote, adding that “it became impossible to read the news and monitor world events without feeling the weight of my own responsibility.”

In Bolivia, Zhang said she found “inauthentic activity supporting the opposition presidential candidate in 2019” and chose not to prioritize it. Months later, Bolivian politics fell into turmoil, leading to the resignation of President Evo Morales and “mass protests leading to dozens of deaths.”

The same happened in Ecuador, according to Zhang, who “found inauthentic activity supporting the ruling government… and made the decision not to prioritize it.” The former Facebook employee then wondered how her decision led to downstream effects on how Ecuador’s government handled the COVID-19 pandemic — which has devastated the country — and if that would have been different if she'd acted.

“I have made countless decisions in this vein – from Iraq to Indonesia, from Italy to El Salvador. Individually, the impact was likely small in each case, but the world is a vast place. Although I made the best decision I could based on the knowledge available at the time, ultimately I was the one who made the decision not to push more or prioritize further in each case, and I know that I have blood on my hands by now.”

Zhang also uncovered issues in India, Facebook’s largest market, in the lead up to the local Delhi elections in February 2020. “I worked through sickness to take down a politically-sophisticated network of more than a thousand actors working to influence the election,” she wrote.

Last month, Facebook’s Indian operation came under scrutiny after reports in the Wall Street Journal revealed a top policy executive in the country had stopped local staffers from applying the company’s hate speech policies to ruling party politicians who posted anti-Muslim hate speech.

“Haphazard Accidents”

In her “spare time” in 2019, Zhang took on tasks usually reserved for product managers and investigators, searching out countries including Ukraine, Turkey, India, Indonesia, the Philippines, Australia, the United Kingdom, Taiwan, “and many many more.”

Zhang said she found and took down “inauthentic scripted activity” in Ukraine that supported Yulia Tymoshenko, a complicated political figure who has been involved in controversial gas deals with Russia but taken a more pro-Western tack in her later career, as well as for former prime minister Volodymyr Groysman, an ally of former president Petro Poroshenko. “Volodymyr Zelensky and his faction was the only major group not affected,” she wrote.

In another part of her memo, Zhang said she wanted to push back on the idea that Facebook was run by malicious people hoping to achieve a particular outcome. That was not the case, she wrote, attributing actions to “slapdash and haphazard accidents.”

“Last year when we blocked users from naming the Ukraine whistleblower, we forgot to cover hashtags until I stepped in,” she wrote.

But she also remarked on Facebook’s habit of prioritizing public relations over real-world problems. “It’s an open secret within the civic integrity space that Facebook’s short-term decisions are largely motivated by PR and the potential for negative attention,” she wrote, noting that she was told directly at a 2020 summit that anything published in the New York Times or Washington Post would obtain elevated priority.

“It’s why I’ve seen priorities of escalations shoot up when others start threatening to go to the press, and why I was informed by a leader in my organization that my civic work was not impactful under the rationale that if the problems were meaningful they would have attracted attention, became a press fire, and convinced the company to devote more attention to the space.”

Zhang mentioned one example in February 2019, when a NATO strategic communications researcher reached out to Facebook, alerting the company that he'd "obtained" Russian inauthentic activity “on a high-profile U.S. political figure that we didn’t catch.” That researcher said they were planning on briefing Congress the next day.

“I quickly investigated the case, determined what was going on, and removed the activity, dousing the immediate fire,” Zhang wrote. “Perhaps motivated by the experience, the same researcher tried the same experiment within a month or two, waiting half a year afterwards before sending the report to the press and finally causing the PR fire.”

“Human Resources Are Limited”

Beyond specific examples from around the world, Zhang provided insight into the inner workings at Facebook. She criticized her team’s focus on issues related to “99% of activity that’s essentially spam.”

“Overall, the focus of my organization – and most of Facebook – was on large-scale problems, an approach which fixated us on spam,” she said. “The civic aspect was discounted because of its small volume, its disproportionate impact ignored.”

Zhang outlined the political processes within Facebook itself. She said the best way for her to gain attention for her work was not to go through the proper reporting channels, but to post about the issues on Facebook’s internal employee message board to build pressure.

“In the office, I realized that my viewpoints weren’t respected unless I acted like an arrogant asshole,” Zhang said.

When she asked the company to do more in terms of finding and stopping malicious activity related to elections and political activity, she said she was told that “human resources are limited.” And when she was ordered to stop focusing on civic work, “I was told that Facebook would no longer have further need for my services if I refused.”

Zhang was fired this month and posted her memo on her last day, even after offering to stay on through the election as an unpaid volunteer. In her goodbye, she encouraged her colleagues to remain at Facebook and to fix the company from within.

“But you don’t – and shouldn’t – need to do it alone,” she wrote. “Find others who share your convictions and values to work on it together. Facebook is too big of a project for any one person to fix.” 

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Each year, some 700 Palestinian children are tried in Israeli military courts that boast a 99.7 percent conviction rate, according to rights groups. (photo: AFP)
Each year, some 700 Palestinian children are tried in Israeli military courts that boast a 99.7 percent conviction rate, according to rights groups. (photo: AFP)


Occupying Palestine Is Rotting Israel From Inside. No Trump Deal Can Hide That
Raja Shehadeh, Guardian UK
Shehadeh writes: "More than a quarter of a century after Yitzhak Rabin and Yasser Arafat shook hands on the White House lawn, Israel has managed to turn its occupation of Palestinian territory from a burden into an asset."

Israel has twisted its laws and contorted its politics to protect the occupation. The UAE and Bahrain deals won’t create peace

ore than a quarter of a century after Yitzhak Rabin and Yasser Arafat shook hands on the White House lawn, Israel has managed to turn its occupation of Palestinian territory from a burden into an asset. What was for so long a liability – the flagrant violation of international law – has now become a valued commodity. Understanding this development is key to explaining why the Israelis are making peace with two distant Gulf states but not their closest neighbours, the Palestinians – without whom there can be no real peace.

Israel has learned in recent years how to manage the occupation in perpetuity with minimal cost. But from the very beginning of the occupation in June 1967, Israel has been unwilling to recognise the Palestinian nation or cede control of the Palestinian territory occupied in order to make peace.

The evidence to support this claim is easily found in Israel’s own archives. Two days after the occupation began, Israel passed military order number three, which referred to the fourth Geneva convention relative to the protection of civilian persons in time of war – mandating that military courts apply the provisions of the convention to their proceedings. Four months later, this portion of the order was deleted.

In September 1967, the legal counsel to the Israeli foreign ministry, Theodor Meron, was asked by the prime minister, Levi Eshkol, whether building new settlements in the occupied territories would violate the Geneva convention, which prohibits an occupying power from transferring its civilians into the territory seized in war. He answered in the affirmative. But his advice was rejected and the government proceeded from that moment to establish illegal Jewish settlements in the occupied Palestinian territories.

Over the following months, Israel began a process that would continue for many years: amending laws governing Palestinian land – from the periods of Ottoman, British mandate and Jordanian control of the territory – to construct a false “legal” basis for the acquisition of land and other natural resources for the establishment of Jewish settlements.

I spent much of my working life, from 1979 until 1993, investigating and resisting Israel’s abuses of law in the occupied territories, and warning about the implications of building illegal settlements, all to no avail.

Yet it was not the legal transformations alone that enabled settlements to be built and to flourish. The militant Zionist thinker Vladimir Jabotinsky had written, in the 1920s, that “settlement[s] can … develop under the protection of a force that is not dependent on the local population behind an iron wall which they will be powerless to break down”. And so it was.

There was an added component to the transformation of the laws to enable the settlement project and that was sheer violence by settlers: vigilante actions that seemed to go against the law Israel had put down and bound itself to. In the early 80s Al-Haq, a West Bank-based human rights organisation that I was then directing, worked hard to document incidents of settler violence.

At the time we naively believed that if only Israelis knew what was taking place and the failure of law enforcement to stop it, they would take action to prevent it. We were unaware that it was all part of the Israeli struggle for the land. The agents of the orderly state can stay within the boundaries of their rewritten laws while the unruly settlers do the work of intimidation and violence to achieve the desired goal. It is all part of the same scheme.

Since the start of the coronavirus pandemic, settler violence in the West Bank has become an almost daily occurrence. It is all out in the open and the government and the courts are on the same page in supporting the settlers and working to achieve the goal of greater Israel. The Knesset has passed the regularisation bill, which “legalises” settlements built on privately owned Palestinian land via de facto expropriation.

While Jewish settler violence against the Palestinians rages – preventing Palestinians from working their land or using it as their own, with no real attempt by the Israeli military or police to prevent this – Israel declares any and all Palestinian resistance to occupation to be terrorism.

When Palestinians began to organise non-violent resistance to the occupation, Israel redefined attacks by the army on these unarmed protesters to bring them under the category of “combat operations”. Recently, the villagers of Kafr Qaddum were staging weekly demonstrations against the blocking of a road, which prevented access to their village, because it was claimed that the road passes through a new part of the settlement of Kedumim. The army planted explosives on roads used by the villagers – but the soldiers who took this decision would be immune from prosecution for any injuries caused to the villagers.

With all these “victories” on Israel’s part, the country has now decided that it can manage the occupation rather than end it. The occupation even began to be seen as an asset. Israel has turned the occupied territories into a laboratory for testing weapons and systems of surveillance. Israelis now market their crowd control weapons and systems of homeland security to the US, based on testing in the occupied territories. Yet all this financial investment in the occupation – and all the twisting of domestic laws to protect the illegal settlement project, all the political contortions to cultivate authoritarian allies, from Trump to Orbán to Bolsonaro – is rotting Israel from the inside, turning it into an apartheid state that rules over millions of Palestinians without rights.

In Arundhati Roy’s novel The Ministry of Utmost Happiness, one of her characters, Musa, says that if Kashmiris have failed to gain independence from India, at least in struggling for it they have exposed the corruption of India’s system. Musa tells the book’s narrator, an Indian: “You’re not destroying us. It’s yourselves that you are destroying.” Palestinians today might say the same of our struggle with Israel.

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Fields of carrots are watered March 29, 2015, in Kern County, Calif. (photo: Frederic J. Brown/Getty)
Fields of carrots are watered March 29, 2015, in Kern County, Calif. (photo: Frederic J. Brown/Getty)


California Farmers Are Using Oil Wastewater to Irrigate Their Fields. Activists Worry About the Risk to Human Health.
Abby Weiss, Inside Climate News
Weiss writes: "For decades, farmers in California's Kern County have turned to wastewater from oil production to help irrigate their crops during extended dry spells."

A recent study found chemical concentrations in the wastewater met safety standards in one California county. But activists say more testing is needed.

ven if chemicals in the oilfield water did not pose a health risk, the researchers noted, salt and boron might accumulate in the soil to levels higher than traditional groundwater, imperiling crops in the long-term. 

As a result, farmers would have to replace or grow more boron-tolerant crops, such as grapes, peanuts and carrots, and keep mixing the produced water with fresh water to prevent this build-up.

A Dry State and Even Drier County

Water shortages are all too familiar in California. For the farmers in the state, making sure there is water for their crops is one of the highest costs of producing a majority of the nation's food supply. In Kern County, water scarcity is a defining characteristic of the region. 

Climate change is making things worse, lengthening dry periods. California only last year came out of an eight-year drought, then returned to drought conditions in February.

Faced with water shortages and a 2014 law that puts limits on groundwater use, farmers have increasingly turned to oilfield wastewater. The water irrigates 95,000 acres of cropland in California's southern San Joaquin Valley, according to the California Regional Water Quality Control Board. 

David Ansolabehere, general manager of the Cawelo Water District, which has used diluted oilfield water for more than 25 years, said the water has helped farmers maintain crop yield during dry years. The recycled water makes up 25 to 30 percent of the district's yearly irrigation water and irrigates 34,000 acres of the surrounding farms, according to Ansolabehere. 

"Without this water, thousands of acres of high value crops could be fallowed," Ansolabehere said. 

Oilfield wastewater is also abundant in Kern County, which produces 70 percent of the state's oil. 

Every barrel of oil generates around 15 barrels of produced water, according to the Cawelo Water District. As of 2015, Chevron, one of Kern County's main oil suppliers, recycled 21 million gallons of water each day and sold it to farmers who used it on 10 percent of Kern County's farmland, according to the Los Angeles Times. 

Groundwater, a Dwindling Resource

One reason farmers have turned to oilfield produced water is that without it, water shortages could force them to significantly reduce their acreage. 

Tom Frantz, an almond farmer in Shafter, does not use oilfield-produced water for his 40-acre almond farm. But bigger farms have a higher crop yield and require more water, an amount that's unavailable most years. 

"We've over-planted too many acres for the amount of water we have, that's why we start using more questionable water supplies," Frantz said.

Historically, farmers have relied on groundwater during droughts, but too much pumping has led to water scarcity in the long-term. In some agricultural regions of the state, the groundwater overdraft—the extent to which more water is pumped than is replenished—is between one to two million acre-feet annually. 

Laura Feinstein, a senior researcher at the Pacific Institute and one of the study's authors, said that rising temperatures contribute to groundwater overdraft because they reduce the amount of surface water available, which leads to more groundwater pumping. In 2014, the state created the Sustainable Groundwater Management Act (SGMA) to manage groundwater resources and halt groundwater overdraft by the 2040s. SGMA, which allows for more federal control over groundwater use, requires that local groundwater agencies develop sustainability plans that set limits on how much water can be pumped. 

Dr. Graham Fogg, a professor emeritus of hydrology at University of California Davis, said excessive groundwater pumping has caused a compaction in clay layers and subsidence of land surface, damaging roads, pipelines and canals. He said in at least one case, land subsidence damage reduced the carrying capacity of a major canal by about 40 percent. 

But for some farmers in Kern County, the amount they are allowed to pump under the Act is not enough to water their farms, making the land unprofitable. A study by University of California, Berkeley researchers estimates that current groundwater regulations will cause California to lose one-fifth of the cultivated farmland in the San-Joaquin Valley, 85,000 jobs and $7 billion per year in farm revenue. 

That makes oil water all the more valuable because it's constantly available. 

"Water should never be wasted—recycling of municipal and industrial water is a central tenet of California statewide water policy," Ansolabehere said. 

Rodgers said recycled produced water could potentially be a longer-term solution to dry periods, as long as there is oilfield production. "We do everything we need to do to confirm that there aren't any issues with recycling of this water and recycling is something the state of California supports," he said. "We are interested in making sure that what we're doing with water is appropriate." 

An Argument Over Health Risks

Although some farmers in the Cawelo district have been using oilfield produced water for more than three decades, not everyone is happy about it. Environmental activists have argued that although the regional water control board has approved the use of the water, it's still uncertain whether the water poses health risks.

Bill Allayaud, the California Director for Government Affairs at the Environmental Working Group, said in an email that experts need to test other organic and industrial chemicals that may be present in oil production, and not just boron, salt and arsenic.

"We waited years for this report and the main conclusion was "'we need more study,'" he said.

Until state officials are certain the oilfield water is safe, activists argue that it shouldn't be used for irrigation. Water agencies did not have access to information on hazardous chemicals used in oil production until the state legislature passed a bill in 2017, Rodgers said. 

The bill provides additional authority to the State Water Board and regional water boards to obtain information from oil suppliers or other entities on chemicals in the wastewater. The bill also requires that the water board disclose this information to the public on their website.

"Oil industry waste fluid contains a wide array of chemicals, both known and unknown, and we do not understand the full extent of harm it will inflict on our crops and on our health," said Hollin Kreztmann, senior attorney for the Center of Biological Diversity.

He said residents have long been concerned about whether the oil wastewater posed risks to their crops.

Andrew Grinberg, special projects manager with Clean Water Action, said that the testing methods and toxicity information for some chemicals that could be present in produced water are not available.

"So we're unclear on what the impacts are on human health and the environment," he said. 

Regulators and Industry Dispute Health Risks

For their part, California water and oil officials like Ansolabehere say the wastewater is already properly regulated.

Salt accumulation, Ansolabehere said, does not pose a risk because regulations from the regional water control board prevent salinity from exceeding normal levels. Produced water is blended with surface or groundwater to lower the salt content to a level crops can tolerate. "Salt build-up has been and will continue to be a concern for all farmers, whether using recycled produced water or any traditional water source," he said. 

He said the study confirmed years of research by the  regional board that indicated the practice of using wastewater was safe in that area of Kern County, he said. 

Since then, the Cawelo Water District and the Regional Water Control Board, with the assistance of a Food Expert Safety Panel, have tested more than over 160 compounds that could be in the water, he said.

Clay Rodgers, assistant executive officer for the California Regional Water Quality Control Board, Central Valley, said that so far, the regional control board has not found any evidence that indicates the recycled produced water is unsafe to use for irrigation. 

"But that doesn't mean the board isn't still looking and everything is resolved," Rodgers said. "If we get any evidence that the water is unsafe, we'll take steps to stop it." 

A spokeswoman from Chevron, one of the county's main oil producers, said that the Duke University study conclusions are consistent with findings from studies initiated by the regional board.

"Protecting people and the environment is one of Chevron's core values," she said. "We remain committed to cooperating with regulators and partnering with organizations like the Cawelo Water District on innovative solutions to California's water challenges," she said in an email.

Frantz, however, said farmers shouldn't be dependent upon oil suppliers because excess salts in their water will eventually adulterate the soil. He said while farmers can profit from it now, it will create problems for future generations. 

"It's short-term thinking for profit instead of looking many generations down the road to see what's best for society as a whole," he said.

With the threat climate change poses to the southern San Joaquin Valley region, Frantz said, farmers are likely to face a lot of uncertainty and struggle in the years ahead.

"It's very hard to quantify an ever-present looming disaster," he said.

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RSN: Trump Campaign Called Out for Antisemitism Over Anti-Bernie Sanders Ad Using Nazi Imagery

 

 

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Trump Campaign Called Out for Antisemitism Over Anti-Bernie Sanders Ad Using Nazi Imagery
Donald Trump's presidential campaign ad featuring Bernie Sanders. (photo: Twitter)
James Crump, The Independent
Crump writes: "The Trump campaign has been accused of using antisemitic tropes in a new Facebook ad, which depicts Bernie Sanders as Joe Biden's puppet-master."

The trope was used often in Nazi Germany to stir hatred towards Jewish people

The new ad, that was paid for by the Trump Make American Great Again Committee features Bernie Sanders, one of the US’ most prominent Jewish politicians, holding the strings of a puppet with the Democratic presidential nominee’s face superimposed on.

A caption next to the image reads: “The Radical Left’s Puppet,” and the ad has been confirmed as real by The Daily Beast.

The ad, which began its campaign on Tuesday 15 September, has the potential to reach between 100,000 to 500,000 people, according to Facebook’s Ad Library.

The depiction of a powerful Jewish person as a puppet-master pulling the strings of world affairs from behind the scenes is one of the oldest and most prominent antisemitic tropes, which dates back to at least the 18th century.

The trope was used often in Nazi Germany to stir hatred towards Jewish people and has been utilised to target Jewish Democratic donor George Soros in recent years.

Last month, Facebook updated its Hate Speech guidelines, to ban on its site depictions of  “Jewish people running the world or controlling major institutions such as media networks, the economy or the government.” The Independent has contacted Facebook for comment.

The ad has been condemned by Jewish advocacy groups Bend the Arc: Jewish Action and Jews Against White Nationalism, who run the website How to Fight AntiSemitism together.

In a tweet, Bend the Arc: Jewish Action tweeted: “The Trump campaign is running Facebook ads portraying Bernie Sanders as the puppet master behind Joe Biden.

“There’s a long, dangerous history of Jews being scapegoated as all-powerful puppet masters.”

The group added: “Trump is using this antisemitic lie to spread fear & division.”

An article on How to Fight AntiSemitism also accused the Trump campaign of antisemitism and reported that the GOP published an article on its website in June that was titled: “Joe Biden: A puppet of Bernie and the radical left.”

Senior Republican officials have also used the trope in the last two years, and in 2018 house minority leader Kevin McCarthy claimed that Jewish billionaires Tom Steyer, Mike Bloomberg and George Soros were attempting to buy the 2018 midterm elections.

The trope also appeared to be used by Donald Trump Jr in October 2019, when he wrote on Twitter: “For those who don’t know who Adam Schiff is, he is not just a radical liberal, he is someone who has been hand-picked and supported by George Soros.”

Forbes reporter Andrew Solender noted on Twitter that the Trump campaign has run similar ads depicting former president Barack Obama and Democratic house speaker Nancy Pelosi as puppet-masters.

The Independent has contacted the Trump campaign for comment.

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Postmaster General Louis DeJoy arrives to testify during a House Oversight and Reform Committee hearing in August. (photo: Tom Williams/Getty)
Postmaster General Louis DeJoy arrives to testify during a House Oversight and Reform Committee hearing in August. (photo: Tom Williams/Getty)

ALSO SEE: Federal Judge Blocks USPS Sabotage, Blasts DeJoy's
'Politically Motivated Attack' to Rig Election


In 'Tense' Call, DeJoy Tells Election Officials That USPS Can Handle Mail Ballots
Miles Parks, NPR
Parks writes: "In a call that included a number of 'tense moments,' Postmaster General Louis DeJoy sought to reassure a group of the nation's top election officials Thursday that election mail will be his agency's highest priority this fall, according to one state election official on the call."

Specifically, DeJoy told the officials that his agency was undertaking a public information campaign to explain to voters that the U.S. Postal Service is equipped to handle the expected increase in mail volume that comes during election season, according to New Mexico Secretary of State Maggie Toulouse Oliver, who leads the National Association of Secretaries of State, which organized the call.

DeJoy also talked more in depth about training for Postal Service employees about how to handle election mail, including postmarking, which in some jurisdictions needs to happen for a mail ballot to count.

"We're at the 'trust but verify' point," said Toulouse Oliver, a Democrat. "We will be taking [the Postal Service] at their word that they are going to put these much-needed processes and guidelines into place. And only through ongoing communication and accountability will we be able to be assured."

"Better in the future"

The implementation of the aforementioned information campaign got off to a rocky start, with one state election official even calling postcards the USPS sent out last week "misinformation."

The cards urge voters to "plan ahead" if they expect to vote by mail this fall, which is a message consistent with what officials nationwide have tried to relay.

But the cards also tell voters to "Request your mail-in ballot ... at least 15 days before Election Day" — a message that has alarmed officials in states where ballots are automatically sent out to registered voters, like Colorado, Utah and Washington, and where voters might be then confused about whether they need to make a request.

"I just found out the @USPS is sending this postcard to every household and PO Box in the nation," tweeted Colorado Secretary of State Jena Griswold, a Democrat, last Friday, with an image of the card. "For states like Colorado where we send ballots to all voters, the information is not just confusing, it's WRONG."

On Thursday's call, DeJoy said the fact that election officials didn't proofread the mailers before they were sent to millions of people was a mistake and he promised to do "better in the future," according to Toulouse Oliver. She said there were multiple "tense" moments during the questioning period about the postcards.

But that issue, which culminated in a lawsuit and a judge temporarily blocking the mailing of the cards in Colorado on Saturday, is just the latest in a string of USPS mishaps over the past few months.

The agency has been mired in controversy virtually since DeJoy, a former logistics executive and prominent Republican Party donor, took over in June. The urgency around those concerns grew after he instituted policy changes later in the summer.

DeJoy has disputed the specific changes he made, but regardless, mail delays followed shortly thereafter, leading to bipartisan calls for him to reverse the changes. He did so, and on Thursday, a federal district judge in Washington state also ordered the changes be halted.

Speaking from the bench on Thursday, that judge, Stanley Bastian, said the changes were a "politically motivated attack" on the efficiency of the Postal Service, according to The Associated Press. DeJoy faced similar accusations during congressional hearings last month and ardently denied that his moves were about anything more than trying to right the ship at a federal agency operating on a multibillion-dollar annual shortfall.

Regardless, mail is still being delivered at a slower-than-average pace than it was at the beginning of the pandemic, according to a tracker maintained by The New York Times.

Most of those delays are by only a single day, but the general air of doubt hanging over the Postal Service may push some voters, especially Democrats, to vote in person instead of by mail this fall.

CNBC/Change Research poll in late August found an 11 percentage-point decline in the share of Democrats nationwide who said they planned to vote by mail, compared with a poll taken two weeks before the changes at the Postal Service became well-known.

Toulouse Oliver called the conversation Thursday "extremely productive" and said she's optimistic that DeJoy appears to be making more of an effort to communicate with the public and election officials about policies he is implementing.

"We have to take the election process out of the realm of toxic partisan rhetoric and make sure that voters have the best information possible to make their decisions about how, where and when to cast their ballot," she said.

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Mail ballot. (photo: George Frey/Getty)
Mail ballot. (photo: George Frey/Getty)


North Carolina Is Already Rejecting Black Voters' Mail-In Ballots More Often Than White Voters'
Kaleigh Rogers, FiveThirtyEight
Rogers writes: "In every election, a small percentage of mail-in ballots get rejected. But this election is likely to have a whole lot of mail-in ballots."
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Acting Deputy of DHS Ken Cuccinelli. (photo: Getty)
Acting Deputy of DHS Ken Cuccinelli. (photo: Getty)


At Least 15 Trump Officials Do Not Hold Their Positions Lawfully
Becca Damante, Just Security
Damante writes: "The president has been thumbing his nose at the Constitution and the rule of law."

The Constitution Assigns the Senate a Key Role in Determining Who Fills Senior Executive Branch Positions. But Under Trump, the Senate Is Far Too Often Being Cut Out.


he Trump administration’s disregard for the law governing presidential appointments finally caught up with it. This week, a federal judge in Maryland ruled that because Chad Wolf was likely serving unlawfully as acting secretary of the Department of Homeland Security (DHS), she was barring the administration from enforcing new asylum rules.

Judge Paula Xinis is not the only one who’s concluded this. Last month, the Government Accountability Office released a report concluding that Wolf and Acting Deputy Secretary Ken Cuccinelli are both serving in their positions illegally. And, they aren’t the only high-level Trump officials who are serving illegally. Rather, this administration has shown a blatant disregard for the critical and constitutionally prescribed role the Senate is supposed to play in determining who should fill high-level positions in the executive branch. Indeed, by our count at the Constitutional Accountability Center (CAC), there are currently at least 15 other officials serving in at least 12 executive branch departments who do not hold their positions lawfully and, as we explain below, this figure surely understates the severity of the problem. This pervasive evasion of the Senate’s advice-and-consent requirement is deeply troubling—and hugely consequential.

Under the Appointments Clause of the Constitution, the president is required to obtain “the Advice and Consent of the Senate” in order to

appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law.

As Alexander Hamilton explained in The Federalist No. 76, the Framers imposed this requirement because they recognized that giving the president the “sole disposition of offices” would result in a Cabinet “governed much more by his private inclinations and interests” than by the public good.

While federal law has long allowed acting officials to temporarily fill offices that require Senate confirmation, the Federal Vacancies Reform Act (FVRA) was passed in 1998 in response to the executive branch’s failure to comply with federal law and its evasion of the Appointments Clause. The FVRA imposes strict limits on who may serve as acting officials and for how long they may serve. Among other things, the statute provides that an acting official may not serve for more than “210 days beginning on the date the vacancy occurs.” That period can be extended if there is a nomination to fill the position—but it cannot be extended for any other reason.

The Trump administration has repeatedly been ignoring this strict time limit set out in the FVRA, allowing offices to continue to be filled by acting officials long after the FVRA’s time limit has expired. In fact, although the GAO Report highlighted the fact that Wolf’s initial appointment to serve as acting secretary was unlawful, it could also have concluded that his continuing service as acting secretary was unlawful because, at the time of the GAO’s report, the period during which that office could be filled by an acting official had long expired. It had been well over a year since the last Senate-confirmed DHS secretary resigned, and the president had not nominated anyone to fill the position permanently. (After the GAO issued its report, the president nominated Wolf to serve as DHS Secretary, and his nomination is currently pending.)

To be sure, the Trump administration has argued that the FVRA’s time limits do not apply because Wolf was appointed under the Homeland Security Department’s organic statute, not the FVRA. According to the government, the provision in the DHS statute, which allows the department to create an order of succession for the secretary’s office, displaces the entire FVRA—not just its rules affecting who may serve as the acting secretary, but also its time limits on acting service. As my organization has explained elsewhere, this is wrong. DHS’s organic statute does not displace the FVRA; to the contrary, it explicitly incorporates it. And while the DHS statute trumps in the event of a conflict with a provision in the FVRA, there is no conflict between the DHS statute’s order of succession provision and the FVRA’s time limits.

Wolf is not alone in having served as an acting officer long after the FVRA time limits for the office expired. By our count at CAC, as of September 2, there were at least 15 other offices with acting officials even though the FVRA time limit for those offices had expired. To identify these offices, we used the Washington Post’s list of 757 key positions that require Senate confirmation and Congress.gov’s nominations database, which provides information on pending nominations. Each of the offices we identified can no longer be filled by acting officials, and yet according to government web pages, they are. (In a couple of cases, while at least one government web page continues to identify these offices as being filled by acting officials, the acting officials are elsewhere identified only as “performing the functions and duties” of the relevant office.”  While the practical difference between these labels is unclear, allowing individuals who have not been Senate-confirmed to perform the functions and duties of an office raises different legal questions than formally giving them the “acting” title. ) Here are the 15 offices we identified:

Significantly, this list only includes offices that are being illegally filled by acting officials in violation of the FVRA’s time limit. It does not include offices that are being filled by officials whose initial appointments were not in conformity with the FVRA or other federal law. Nor does it include all of the offices that have been filled by illegal acting officials at various points over the last four years, but are no longer being illegally filled.

Moreover, the list above does not include offices that are ostensibly being kept vacant, but the functions and duties of which are being performed by another official. By our count at CAC, at least 21 officials in at least 10 executive branch departments[i] are performing the functions and duties of vacant offices that can no longer be filled by “acting” officials due to the FVRA time limit. For example, an acting official could not serve as director of U.S. Citizenship and Immigration Services (USCIS) after December 28, 2019, but Cuccinelli has been serving as the “Senior Official Performing the Duties of USCIS Director” since December 31, 2019. Given that the administration has chosen not to nominate anyone to fill this position, this is no less an evasion of the Senate’s advice-and-consent power than illegally filling an office with an acting official.

These examples are deeply troubling because it means that senior-level officials throughout the executive branch are taking actions that they may have no legal authority to take. Perhaps the most prominent example is Wolf, who was at least partially responsible for the federal government’s response to protests in Portland, Oregon. In early July, Wolf sent approximately 114 agents to Portland from U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection (CBP). Some of those agents were members of the Border Patrol Tactical Unit, an elite paramilitary arm of CBP that is trained to respond to high-risk operations, not protests protected under the First Amendment. Several lawsuits have been filed against DHS challenging these actions, and as one of them notes, Wolf “could not have served as Acting Secretary under the FVRA because the 210-day limit on such service expired before he purported to assume the Office.” Should the court in this case agree, this could have real effects on the legality of Wolf’s response in Portland because as Judge Xinis pointed out in her recent ruling on asylum rules, any “acts taken by a person selected under the FVRA but in excess of the FVRA’s terms have no force and effect.”

Filling vacant positions illegally also prevents the Senate from playing any role in determining who holds offices that can wield significant power. For example, the inspector general at the Department of the Treasury is

required to keep both the Secretary and the Congress fully and currently informed about the problems and deficiencies relating to the administration of department programs and operations and the necessity for corrective action.

Given that the Department of the Treasury is responsible for distributing $500 billion as part of the CARES act, it is deeply troubling that the Senate played no role in determining who is currently serving as the Treasury Department’s inspector general.

Similarly, the assistant secretary for financial resources at the Department of Health and Human Services is

responsible for the overall budget, financial management, acquisition policy and support, and small business programs of HHS’s roughly $1 trillion annual budget, as well as the Department’s performance management.

Jen Moughalian is unlawfully serving in this position today. HHS is responsible for distributing more than $175 billion to hospitals and healthcare providers battling coronavirus.

The Constitution’s Appointments Clause provides a critical check on the president in determining who fills the most important positions in the executive branch. While the FVRA offers a president some latitude in filling those positions temporarily, it does not give President Donald Trump nearly as much latitude as he may think. In this context (as in so many others), the president has been thumbing his nose at the Constitution and the rule of law. And the evidence of that can be found in the highest reaches of numerous executive branch departments.

[i] 1) Assistant Secretary for Export Enforcement, U.S. Department of Commerce;

2) Under Secretary for International Trade, U.S. Department of Commerce;

3) Under Secretary of Commerce for Oceans and Atmosphere, U.S. Department of Commerce;

4) Assistant Secretary of Defense for Indo-Pacific Security Affairs, U.S. Department of Defense;

5) Under Secretary, U.S. Department of Education;

6) Assistant Secretary, Office of Communications and Outreach, U.S. Department of Education;

7) Assistant Secretary, Office of Legislation and Congressional Affairs, U.S. Department of Education;

8) Assistant Secretary, Office of Special Education and Rehabilitative Services, U.S. Department of

Education

9) Assistant Secretary for Planning and Evaluation, U.S. Department of Health and Human Services;

10) Deputy Secretary, U.S. Department of Homeland Security;

11) Under Secretary for Management, U.S. Department of Homeland Security;

12) Director, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security;

13) General Counsel, U.S. Department of Homeland Security;

14) Under Secretary for Science and Technology, U.S. Department of Homeland Security;

15) Deputy Administrator, Federal Emergency Management Agency, U.S. Department of Homeland

Security

16) Commissioner, U.S. Customs and Border Protection, U.S. Department of Homeland Security;

17) Principal Deputy Director, Office of the Director of National Intelligence;

18) Inspector General, Office of Personnel Management;

19) Under Secretary for Public Diplomacy and Public Affairs, U.S. Department of State;

20) Deputy Secretary, U.S. Department of Transportation;

21) Under Secretary for Health, U.S. Department for Veterans Affairs.

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Olivia Troye, Vice President Mike Pence's former homeland security, counterterrorism, and coronavirus adviser. (photo: unknown)
Olivia Troye, Vice President Mike Pence's former homeland security, counterterrorism, and coronavirus adviser. (photo: unknown)


Trump Called the Coronavirus 'a Good Thing' Because He Didn't Like Shaking Hands With 'Disgusting' Supporters, According to Report
Eliza Relman, Business Insider
Relman writes: "Trump is well known to be a germophobe and has publicly said he doesn't like shaking hands."

livia Troye, who until recently served as Vice President Mike Pence's top coronavirus task force adviser, slammed President Donald Trump's pandemic response in an interview with The Washington Post and in a new video for the group Republicans Voters Against Trump.

In the video, Troye describes a COVID-19 task force meeting in which she says the president remarked that the pandemic might be a "good thing" because it prevented him from having to shake hands with "disgusting people." Troye said the president was referring to his supporters.

"When we were in a task-force meeting, the president said: 'Maybe this COVID thing is a good thing — I don't like shaking hands with people. I don't have to shake hands with these disgusting people,'" Troye says in the two-minute video. "Those disgusting people are the same people he claims to care about. These are the people who are still going to his rallies today, who have complete faith in who he is."

Trump is well known to be a germophobe and has publicly said he doesn't like shaking hands.

Troye, who served as a senior aide to Pence on homeland security and counterterrorism for two years, was deeply involved in the administration's coronavirus response. She said she left her White House job in August after concluding that the president was undermining efforts to keep Americans safe.

"The truth is he doesn't actually care about anyone but himself," she said.

In an interview with The Washington Post published Thursday, Troye said that Trump's pandemic response showed a "flat-out disregard for human life" and that he was more concerned with the economy and his reelection than with protecting Americans.

"The president's rhetoric and his own attacks against people in his administration trying to do the work, as well as the promulgation of false narratives and incorrect information of the virus have made this ongoing response a failure," Troye told The Post. 

Troye also said any vaccine produced before the election might be dangerous. 

"I would not tell anyone I care about to take a vaccine that launches prior to the election," she told The Post. "I would listen to the experts and the unity in pharma. And I would wait to make sure that this vaccine is safe and not a prop tied to an election."

The White House and Pence's team dismissed Troye's allegations, characterizing her as a "disgruntled" former employee. 

"Ms. Troye is a former detailee and a career Department of Homeland Security staff member, who is disgruntled that her detail was cut short because she was no longer capable of keeping up with her day-to-day duties," Pence's national security adviser, Lt. General Keith Kellogg, told The Post in a statement. "Ms. Troye directly reported to me, and never once during her detail did she every express any concern regarding the administration's response to the coronavirus to anyone in her chain of command. By not expressing her concerns, she demonstrated an incredible lack of moral courage."

Judd Deere, a White House spokesman, called Troye's allegations "flat-out inaccurate." 

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Bolivian opposition leader and senator Jeanine Anez Chavez. (photo: Marco Bello/Reuters)
Bolivian opposition leader and senator Jeanine Anez Chavez. (photo: Marco Bello/Reuters)


Bolivia: Coup Government Leader Jeanine Añez Withdraws From October Elections After Little Support
teleSUR
Excerpt: "Bolivia's de facto president Jeanine Ánez announced Thursday through a recorded message her decision to 'put aside' her candidacy for the upcoming October 18 presidential elections."
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Gas well No. 095-20708, 4 miles north of Rio Vista, California, in 2017. (photo: Lisa Vielstadte)
Gas well No. 095-20708, 4 miles north of Rio Vista, California, in 2017. (photo: Lisa Vielstadte)


Gas Companies Are Abandoning Their Wells, Leaving Them to Leak Methane Forever
Mya Frazier, Bloomberg
Frazier writes: "Gas wells never really die."

Just one orphaned site in California could have emitted more than 30 tons of methane. There are millions more like it

he story of gas well No. 095-20708 begins on Nov. 10, 1984, when a drill bit broke the Earth’s surface 4 miles north of Rio Vista, Calif. Wells don’t have birthdays, so this was its “spud date.”

The drill chewed through the dirt at a rate of 80 ½ feet per hour, reaching 846 feet below ground that first day. By Thanksgiving it had gotten a mile down, finally stopping 49 days later, having laid 2.2 miles of steel pipe and cement on its way to the “pay zone,” an underground field containing millions of dollars’ worth of natural gas.

It was ready to start pumping two months later, in early January. While 1985 started out as a good year for gas, by its close, more than half the nation’s oil and gas wells had shut down. How much money the Amerada Hess Corp., which bankrolled the dig, managed to pump out of gas well No. 095-20708 before that bust isn’t known. By 1990 the company, now called simply Hess Corp., gave up and sold it. Over the next decade or so, four more companies would seek the riches promised at the bottom of the well, seemingly with little success. In 2001 a state inspector visited the site. “Looks like it’s dying,” he wrote.

Gas wells never really die, though. Over the years, the miles of steel piping and cement corrode, creating pathways for noxious gases to reach the surface. The most worrisome of these is methane, the main component of natural gas. If carbon dioxide is a bullet, methane is a bomb. Odorless and invisible, it captures 86 times more heat than CO₂ over two decades and at least 25 times more over a century. Drilling has released this potent greenhouse gas, once sequestered in the deep pockets and grooves of the Earth, into the atmosphere, where it’s wreaking more havoc than humans can keep up with.

Well No. 095-20708 is also known as A.H.C. Church No. 11, referring both to Hess and to Bernard Church, who like so many in California’s Sacramento River Delta sold his farmland but retained the mineral rights in the hope that they’d make his family rich. The Church well is a relic, but it’s not rare. It’s one of more than 3.2 million deserted oil and gas wells in the U.S. and one of an estimated 29 million globally, according to Reuters. There’s no regulatory requirement to monitor methane emissions from inactive wells, and until recently, scientists didn’t even consider wells in their estimates of greenhouse gas emissions. With the pandemic depressing demand for fossil fuels and renewable energy development booming, why should owners idle or plug their wells when they can simply walk away?

In the past five years, 207 oil and gas businesses have failed. As natural gas prices crater, the fiscal burden on states forced to plug wells could skyrocket; according to Rystad Energy AS, an industry analytics company, 190 more companies could file for bankruptcy by the end of 2022. Many oil and gas companies are idling their wells by capping them in the hope prices will rise again. But capping lasts only about two decades, and it does nothing to prevent tens of thousands of low-producing wells from becoming orphaned, meaning “there is no associated person or company with any financial connection to and responsibility for the well,” according to California’s Geologic Energy Management Division.

“It’s cheaper to idle them than to clean them up,” says Joshua Macey, an assistant professor of law at the University of Chicago, who’s spent years studying fossil fuel bankruptcies. “Once prices increase, they could be profitable to operate again. It gives them a strong reason to not do cleanup now. It’s not orphaned yet, although for all intents and purposes it is.”

The life cycle of the Church well exemplifies this systemic indifference. Hess’s liability ended when it sold more than 30 years ago; the last company to acquire the lease, Pacific Petroleum Technology, which took over in 2003, managed to evade financial responsibility entirely as the well’s cement and steel piping began to corrode. Letters from state regulators demanding that the company declare its plans for the well went unanswered. In November 2007 the state issued a civil penalty of $500 over Pacific’s failures to file monthly production reports on the well. Instead of paying, Pacific requested a hearing, at which a representative testified that there was still $10 million worth of natural gas waiting to be pumped and promised the company would secure funds, make necessary repairs, and start producing again. The state was unconvinced and demanded Pacific plug the well. Another decade passed. The company never pumped a single cubic foot of gas and made no effort to plug the well. (Representatives of Pacific couldn’t be reached for comment.)

If Church were the only neglected well, it would be inconsequential. But these artifacts of the fossil fuel age are ubiquitous, obscured in backyards and beneath office buildings, under parking lots and shopping malls, even near day-care centers and schools in populous cities such as Los Angeles, where at least 1,000 deserted wells lie unplugged. In Colorado an entire neighborhood was built on top of a former oil and gas field that had been left off of construction maps. In 2017 two people died in a fiery explosion while replacing a basement water heater.

These kinds of headline-grabbing episodes are anomalies, but all this leaking methane also has dire environmental consequences, and the situation is likely only to get worse as more companies fail. “The oil and gas industry will not go out with a bang,” Macey adds, “but with a whimper.” As it does, the wells it orphans will become wards of the state.

Days before the 33rd anniversary of Church’s spud date, in November 2017, Eric Lebel, a researcher with the School of Earth, Energy & Environmental Sciences at Stanford, arrived at the wellhead. The rusted 10-foot structure—a “Christmas tree,” as it’s called in the industry—loomed over him.

While Lebel knew the well’s depth, it was still hard for him to envision its scale. “If you don’t see it, you don’t think about it,” he says later. “What’s underground is impossible to imagine.” The Earth’s interior has been unfathomably scarred by hydrocarbon infrastructure, he says. For almost two centuries, since the drilling of the first gas well in 1821, the fossil fuel industry has treated the planet like a giant pincushion. The first U.S. gas well in Fredonia, N.Y., extended only 27 feet underground, but drilling since has gone ever deeper. Ten-thousand-foot wells like Church are common today.

Now imagine each of those pins in the global pincushion is a straw inside a straw. In Church’s case, the outer straw is 7.625 inches in diameter and made of steel, encased in cement; inside is a 2.375-inch-wide steel tube. The deeper the well, the more the heat and pressure rise. At Church’s deepest point, 10,968 feet, the temperature likely exceeds 200F. The weight of the Earth exerts more and more pressure as the well goes deeper—reaching about 5 tons per square inch at the bottom. That’s the equivalent of four 2,500-pound cars on your thumb. All of this puts a huge amount of stress on that underground infrastructure. As it breaks down, eventually it begins to leak.

Astonishingly, no one had even bothered to ask how much until the past decade. In 2011, Mary Kang was a Ph.D. student at Princeton modeling how CO₂ might escape from underground storage vessels after being captured and buried. She looked for similar models on methane and came up with nothing; some of the industry sources she spoke with were confident that it wasn’t much—and that even if it was, technology existed that could fix it. “It’s one thing to assume,” Kang remembers thinking to herself. “It’s another thing to go get empirical data.”

Kang went to Pennsylvania, where boom and bust cycles over the years have left a half-million gas wells deserted. Of the 19 she measured, three turned out to be high emitters, meaning they released three times more methane into the atmosphere than other wells in the sample. “There were no measurements of emissions coming out of these wells,” she says. “People knew these wells existed, they just thought what was coming out was negligible or zero.” By scaling up her findings, Kang was able to estimate that in 2011, deserted wells were responsible for somewhere from 4% to 7% of all man-made methane emissions from Pennsylvania.

Those findings inspired Lebel and other researchers in the U.S. and worldwide to start taking direct methane measurements. The industry responded by ignoring them and fought fiercely against the Obama administration’s efforts to start regulating methane emissions. (A 2016 rule requiring operators to measure methane releases at active wells and invest in technology to prevent leaks was summarily overturned by the Trump administration at the beginning of August.)

Meanwhile, scientists trudged on. So far researchers have measured emissions at almost 1,000 of the 3.2 million deserted wells in the U.S. In 2016, Kang published another study of 88 abandoned well sites in Pennsylvania, 90% of which leaked methane.

Internationally, researchers tracked increasingly bad news. German scientists discovered methane bubbles in the seabed around orphaned wells in the North Sea. Taking direct measurements of 43 wells, they found significant leaks in 28. In Alberta, researchers estimated methane leaks in almost 5% of the province’s 315,000 oil and gas wells. In the U.K., researchers found “fugitive emissions of methane” in 30% of 102 wells studied. Such findings are both a threat and an opportunity, says Lebel, who considers abandoned wells the easiest first step to cutting methane emissions globally. That’s what brought him to Church in the first place.

According to his field logs, Lebel spent his first hour on site building a secure air chamber using a Coleman canopy tent draped in tarps, which he held in place with sandbags. Inside the tent, fans effectively created a convection oven of rapidly circulating air. As he worked, a farmer who leases the land wandered over. Be careful, he warned Lebel. Sometimes fire comes out of that well. Just yesterday he’d seen a plume of flames erupt from it, he said.

At 3:41 p.m., using an instrument that resembles a desktop computer with an abundance of ports, Lebel took his first methane measurement. “We knew right away it was a major leaker,” he recalls. It exceeded the instrument’s threshold of 50 parts per million almost immediately. Lebel collected air samples in tiny glass vials to take back to his lab. The analysis was damning: Two hundred and fifty grams of methane were flowing out of the well each hour. A rough calculation shows that over a decade and a half the Church well had likely emitted somewhere around 32.7 metric tons of methane, enough to melt a sizable iceberg.

Despite the flurry of recent research, the full scale of the emissions problem remains unknown. “We really don’t have a handle on it yet,” says Anthony Ingraffea, a professor of civil and environmental engineering at Cornell who’s studied methane leaks from active oil and gas wells for decades. “We’ve poked millions of holes thousands of feet into Mother Earth to get her goods, and now we are expecting her to forgive us?”

There’s no easy way to bring up the thousands of feet of steel and cement required to carry gas out of a well as deep as A.H.C. Church 11. That means the only way to keep the well from leaking is to fill it up. Plugging a well costs $20,000 to $145,000, according to estimates by the U.S. Government Accountability Office. For modern shale wells, the cost can run as high as $300,000.

On a Wednesday morning near the end of June 2018, a crew of workers from the Paul Graham Drilling & Service Co., hired by the state of California after Pacific Petroleum failed to respond to years of notices, arrived at the well site. As they would on any job, they first dropped a “string,” a lengthy metal cable, into the well; in ideal circumstances, it’d be a straight shot to the bottom. But not that day.

Well records indicate that a “packer,” a ring-shaped device used to create a seal between the outer and inner straws of gas wells, had been installed about 7,000 feet down. It would have to come out first, or they wouldn’t be able to get the cement all the way to the bottom. When they tried to pull out the packer, the string broke.

The tiny packer, just 2.5 inches wide, stayed stuck for weeks. As the crew tried to get it out, tubing inside the well broke—“structurally compromised due to corrosion,” they told California’s Department of Conservation in the work log they submitted. They were forced to go “fishing,” using specialized tools to retrieve the tubing, piece by broken piece. But the packer was still in there. Eventually they used even more specialized tools to grind it away.

It wasn’t until July 26, almost a month after workers arrived at the Church site, that they were able to start “running mud,” the industry term for pumping cement into the outer straw. This straw had been purposely perforated to allow oil and gas to flow from the pay zone into the well. The plugging cement is supposed to accumulate upwards as more gets pumped in. But if it leaks off into that porous pay zone, no matter how much mud the team runs, it simply disappears. Unless the cement and other sealants reached every nook and cranny, the site might continue to leak.

Thankfully, Church filled easily, requiring 36,500 pounds of cement. The unforeseen difficulties added $171,388 to Paul Graham’s original estimate, raising the total bill to $294,943, more than double the crew’s $123,555 bid. (Neither the cleanup company nor the state representatives who oversaw the work responded to interview requests.) Ingraffea examined the myriad work orders from the job and called it a “well from hell.”

By late August, almost two months after they arrived at the Church site, the crew had cut off the Christmas tree and welded a half-inch-thick steel plate to the top of the wellhead. It had taken nine days longer to fill the well than it had to drill it in the first place. Looking across the landscape today, it’s as though Church never existed.

The atmospheric evidence, of course, shows otherwise.

The cost to plug just California’s deserted wells—an estimated 5,500—could reach $550 million, according to a report released earlier this year. While not an insignificant price tag, the real shock would come if the industry collapses and walks away for good. In that doomsday scenario, the costs to plug and decommission 107,000 active and idled wells could run to $9 billion. And yet so far in 2020, California has approved 1,679 new drilling permits.

“We make the same mistake over and over again,” says Rob Jackson, a professor of Earth system science at Stanford who oversees Lebel’s work. “Companies go bankrupt, and taxpayers pay the bills.”

Congressional efforts to create a well-plugging program for cleanup are stalled. Meanwhile, oil and gas companies have made trillions of dollars in profits over the past century and a half while enjoying relative impunity. On federal lands, where oil and gas companies actively drill, bond levels haven’t been adjusted for inflation since 1951, when they were set at $10,000 for a single well and $150,000 for however many wells a single operator controls nationwide. In California a company drilling 10,000 feet or more needs only $40,000.

Even spending all the billions of dollars required to plug the world’s millions of deserted wells won’t stave off environmental catastrophe. The vast heat and pressure of the Earth’s subsurface—the same forces that crushed dinosaur bones into hydrocarbons in the first place—mean that no plugging job lasts forever. Scientists and engineers debate how long cement can survive in the harsh environment of the Earth’s interior. Estimates typically fall from 50 to 100 years, a long enough time horizon that even some of today’s biggest oil and gas companies may no longer exist, but short enough to be uncomfortably within the realm of human comprehension. No regulations require states or federal agencies to measure emissions after wells are plugged.

While little is being done to prevent methane from creating catastrophic warming, less is being done to prevent water contamination. Researcher Kang, now an assistant professor of civil engineering at McGill University, worked as a groundwater monitoring consultant before getting her Ph.D. In 2016 she published a paper with Jackson showing that California’s Central Valley, where a quarter of the nation’s food is produced, has close to three times the volume of fresh groundwater as previously thought. Such good news came with an urgent caveat: Nineteen percent of the state’s wells came close to these aquifers. “It’s definitely a threat and something that needs protection,” Kang says. “There’s so much we don’t know.”

What we do know is scary enough. “The cement will deteriorate,” says Dominic DiGiulio, a senior research scientist for PSE Healthy Energy, an Oakland, Calif.-based public policy institute, who worked for the Environmental Protection Agency for more than three decades in subsurface hydrology. “It’s not going to last forever, or even for very long.” A.H.C. Church lies in the Solano Subbasin, part of the Sacramento Valley Groundwater Basin. Almost 30% of the region’s water comes from subsurface sources, according to a 2017 report from the Northern California Water Association. “Given sustained droughts, groundwater resources are going to be very important in the coming decades,” DiGiulio says. “California is going to need these resources.”

Among the hundreds of pages of records chronicling the well’s spud, activity, and plugging, the one consistent name was Bernard Church. One afternoon this summer, I called the phone number listed on the most recent document, from a 2004 inspection, and reached his wife, Beverly Church. She now lives in Walnut Creek, Calif., about 40 miles southwest of the well site, and she told me her husband had died nine years earlier.

He and their family never became rich. Holders of mineral rights can lease them back to oil and gas companies and receive royalties on what their wells produce. But because so little had been pumped from Church, none of the 20 or so family members who eventually held a stake wound up with much. “We didn’t make any money off of it,” Beverly says.

That’s not an uncommon outcome, explains Kassie Siegel, director of the Climate Law Institute at the nonprofit Center for Biological Diversity. “Every once in a while someone might” get rich, she says. “But it’s not a thing. Big Oil is getting rich. For individual, ordinary people, it’s all risk and no reward.”

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