Friday, November 13, 2020

Mashpee Wampanoag Tribal Council chairman arrested on extortion, bribery charges

 


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Mashpee Wampanoag Tribal Council chairman arrested on extortion, bribery charges


Jessica Hill 

Nov 13, 2020

This is a breaking news story, which will be updated as more information becomes available.

MASHPEE — Mashpee Wampanoag Tribal Council Chairman Cedric Cromwell was arrested Friday on bribery and extortion charges related to the tribe's plans to build a resort and casino in Taunton, according to a statement from U.S. Attorney Andrew Lelling. 

Cromwell and David DeQuattro, owner of a Providence, Rhode Island, architectural firm, were indicted by a federal grand jury in connection with an alleged scheme "to enrich themselves personally," the statement says.

They were each indicted on two counts of accepting or paying bribes as an agent of an Indian tribal government and one count of conspiring to commit bribery. Cromwell, 55, also was indicted on four charges of extortion under color of official right and one count of conspiring to commit extortion. 

Cromwell and DeQuattro are scheduled to appear for a court hearing via videoconference Friday afternoon. 

Related:Grand jury seeks Mashpee tribe's casino documents

Related:Grand jury subpoenas more documents from Mashpee tribe

“The charges allege that Mr. Cromwell violated the trust he owed the Mashpee Wampanoag Tribe by committing extortion, accepting bribes and otherwise abusing his position,” Lelling said in the statement. “Many American Indians face a host of difficult financial and social issues. They require — and deserve — real leadership. But it appears that Cromwell’s priority was not to serve his people, but to line his own pockets.”

Cromwell led the Mashpee Wampanoag Tribe’s Gaming Authority, which entered a contract for consulting services with DeQuattro’s architecture and design company. Between 2014 and 2017 the architecture firm provided Cromwell with $57,549 in payments and benefits, and in exchange the architecture firm was paid almost $5 million under its contract with the gaming authority, according to the indictment.  

DeQuattro allegedly wrote personal checks to Cromwell, totaling $44,000, through CM International Consulting LLC, which is owned by an unnamed friend of Cromwell’s, the statement says. Cromwell directed his friend to deposit DeQuattro’s checks and use the money to buy treasurer’s checks payable to Cromwell or another entity that he had incorporated called One Nation Development, the statement says. 

DeQuattro also wrote one $10,000 check directly to One Nation Development. 

The indictment also alleges that Cromwell spent all of the money on personal expenses, including payments to his mistress, the statement says. DeQuattro also allegedly bought a Bowflex Revolution home gym for Cromwell and had it delivered to his home and agreed to pay for Cromwell’s stay at a Boston hotel for his birthday. 

If found guilty, Cromwell could face up to 20 years in prison, three years of supervised release and a fine of $250,000 for extortion. 

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RSN: FOCUS: As Soon as Trump Leaves Office, He Faces Greater Risk of Prosecution

 

 

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FOCUS: As Soon as Trump Leaves Office, He Faces Greater Risk of Prosecution
Protesters placed signs on the fence surrounding the White House. (photo: Michael Reynolds/Shutterstock)
William K. Rashbaum and Benjamin Weiser, The New York Times
Excerpt: "President Trump lost more than an election last week. When he leaves the White House in January, he will also lose the constitutional protection from prosecution afforded to a sitting president."

After Jan. 20, Mr. Trump, who has refused to concede and is fighting to hold onto his office, will be more vulnerable than ever to a pending grand jury investigation by the Manhattan district attorney into the president’s family business and its practices, as well as his taxes.

The two-year inquiry, the only known active criminal investigation of Mr. Trump, has been stalled since last fall, when the president sued to block a subpoena for his tax returns and other records, a bitter dispute that for the second time is before the U.S. Supreme Court. A ruling is expected soon.

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Barack Obama | I'm Not Yet Ready to Abandon the Possibility of America
Barack Obama. (photo: Pete Souza)
Barack Obama, The Atlantic
Obama writes: "I wrote my book for young people - as an invitation to bring about, through hard work, determination, and a big dose of imagination, an America that finally aligns with all that is best in us."


The Atlantic is pleased to offer, below, an adapted and updated excerpt from former President Barack Obama’s new memoir, A Promised Land, which will be published on Tuesday by Crown. Yesterday, The Atlantic’s editor in chief, Jeffrey Goldberg, sat down with President Obama to conduct the first interview for publication that he has given about the writing of his book, his time in office, and his analysis of the current political moment. The extensive interview will be posted on Monday. In the excerpt below, Obama writes about his undiminished belief in the American idea, and about the impetus to put his presidency down on paper.


t the end of my presidency, Michelle and I boarded Air Force One for the last time and traveled west for a long-deferred break. The mood on the plane was bittersweet. Both of us were drained, physically and emotionally, not only by the labors of the previous eight years but by the unexpected results of an election in which someone diametrically opposed to everything we stood for had been chosen as my successor. Still, having run our leg of the race to completion, we took satisfaction in knowing that we’d done our very best—and that however much I’d fallen short as president, whatever projects I’d hoped but failed to accomplish, the country was in better shape than it had been when I’d started.

For a month, Michelle and I slept late, ate leisurely dinners, went for long walks, swam in the ocean, took stock, replenished our friendship, rediscovered our love, and planned for a less eventful but hopefully no less satisfying second act. For me, that included writing my presidential memoirs. And by the time I sat down with a pen and yellow pad (I still like writing things out in longhand, finding that a computer gives even my roughest drafts too smooth a gloss and lends half-baked thoughts the mask of tidiness), I had a clear outline of a book in my head.

First and foremost, I hoped to give an honest rendering of my time in office—not just a historical record of key events that happened on my watch and important figures with whom I interacted but also an account of some of the political, economic, and cultural crosscurrents that helped determine the challenges my administration faced and the choices my team and I made in response. Where possible, I wanted to offer readers a sense of what it’s like to be the president of the United States; I wanted to pull the curtain back a bit and remind people that, for all its power and pomp, the presidency is still just a job and our federal government is a human enterprise like any other, and the men and women who work in the White House experience the same daily mix of satisfaction, disappointment, office friction, screwups, and small triumphs as the rest of their fellow citizens. Finally, I wanted to tell a more personal story that might inspire young people considering a life of public service: how my career in politics really started with a search for a place to fit in, a way to explain the different strands of my mixed-up heritage, and how it was only by hitching my wagon to something larger than myself that I was ultimately able to locate a community and purpose for my life.

I figured I could do all that in maybe 500 pages. I expected to be done in a year.

It’s fair to say that the writing process didn’t go exactly as I’d planned. Despite my best intentions, the book kept growing in length and scope—the reason I eventually decided to break it into two volumes. I’m painfully aware that a more gifted writer could have found a way to tell the same story with greater brevity (after all, my home office in the White House sat right next to the Lincoln Bedroom, where a signed copy of the 272-word Gettysburg Address rests inside a glass case). But each time that I sat down to write—whether it was to describe the early phases of my campaign, or my administration’s handling of the financial crisis, or negotiations with the Russians on nuclear-arms control, or the forces that led to the Arab Spring—I found my mind resisting a simple linear narrative.

Often, I felt obliged to provide context for the decisions I and others had made, and I didn’t want to relegate that background to a footnote or an endnote (I hate footnotes and endnotes). I discovered that I couldn’t always explain my motivations just by referencing reams of economic data or recalling an exhaustive Oval Office briefing, for they’d been shaped by a conversation I’d had with a stranger on the campaign trail, a visit to a military hospital, or a childhood lesson I’d received years earlier from my mother. Repeatedly my memories would toss up seemingly incidental details (trying to find a discreet location to grab an evening smoke; my staff and I having a laugh while playing cards aboard Air Force One) that captured, in a way the public record never could, my lived experience during the eight years I spent in the White House.

Beyond the struggle to put words on a page, what I didn’t fully anticipate was the way events would unfold during the more than three and a half years that have passed since that last flight on Air Force One. The country is in the grips of a global pandemic and an accompanying economic crisis, with more than 230,000 Americans dead, businesses shuttered, and millions of people out of work. Across the nation, people from all walks of life have poured into the streets to protest the deaths of unarmed Black men and women at the hands of the police. Perhaps most troubling of all, our democracy seems to be teetering on the brink of crisis—a crisis rooted in a fundamental contest between two opposing visions of what America is and what it should be; a crisis that has left the body politic divided, angry, and mistrustful, and has allowed for an ongoing breach of institutional norms, procedural safeguards, and the adherence to basic facts that both Republicans and Democrats once took for granted.

This contest is not new, of course. In many ways, it has defined the American experience. It’s embedded in founding documents that could simultaneously proclaim all men equal and yet count a slave as three-fifths of a man. It finds expression in our earliest court opinions, as when the chief justice of the United States bluntly explains to Native Americans that their tribe’s rights to convey property aren’t enforceable, because the court of the conqueror has no capacity to recognize the just claims of the conquered. It’s a contest that’s been fought on the fields of Gettysburg and Appomattox but also in the halls of Congress; on a bridge in Selma, Alabama; across the vineyards of California; and down the streets of New York—a contest fought by soldiers but more often by union organizers, suffragists, Pullman porters, student leaders, waves of immigrants, and LGBTQ activists, armed with nothing more than picket signs, pamphlets, or a pair of marching shoes. At the heart of this long-running battle is a simple question: Do we care to match the reality of America to its ideals? If so, do we really believe that our notions of self-government and individual freedom, equality of opportunity and equality before the law, apply to everybody? Or are we instead committed, in practice if not in statute, to reserving those things for a privileged few?

I recognize that there are those who believe that it’s time to discard the myth—that an examination of America’s past and an even cursory glance at today’s headlines show that this nation’s ideals have always been secondary to conquest and subjugation, a racial caste system and rapacious capitalism, and that to pretend otherwise is to be complicit in a game that was rigged from the start. And I confess that there have been times during the course of writing my book, as I’ve reflected on my presidency and all that’s happened since, when I’ve had to ask myself whether I was too tempered in speaking the truth as I saw it, too cautious in either word or deed, convinced as I was that by appealing to what Lincoln called the better angels of our nature I stood a greater chance of leading us in the direction of the America we’ve been promised.

I don’t know. What I can say for certain is that I’m not yet ready to abandon the possibility of America—not just for the sake of future generations of Americans but for all of humankind. I’m convinced that the pandemic we’re currently living through is both a manifestation of and a mere interruption in the relentless march toward an interconnected world, one in which peoples and cultures can’t help but collide. In that world—of global supply chains, instantaneous capital transfers, social media, transnational terrorist networks, climate change, mass migration, and ever-increasing complexity—we will learn to live together, cooperate with one another, and recognize the dignity of others, or we will perish. And so the world watches America—the only great power in history made up of people from every corner of the planet, comprising every race and faith and cultural practice—to see if our experiment in democracy can work. To see if we can do what no other nation has ever done. To see if we can actually live up to the meaning of our creed.

The jury’s still out. I’m encouraged by the record-setting number of Americans who turned out to vote in last week’s election, and have an abiding trust in Joe Biden and Kamala Harris, in their character and capacity to do what is right. But I also know that no single election will settle the matter. Our divisions run deep; our challenges are daunting. If I remain hopeful about the future, it’s in large part because I’ve learned to place my faith in my fellow citizens, especially those of the next generation, whose conviction in the equal worth of all people seems to come as second nature, and who insist on making real those principles that their parents and teachers told them were true but that they perhaps never fully believed themselves. More than anyone else, my book is for those young people—an invitation to once again remake the world, and to bring about, through hard work, determination, and a big dose of imagination, an America that finally aligns with all that is best in us.

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Donald Trump. (photo: Getty)
Donald Trump. (photo: Getty)


Trump Floats Improbable Survival Scenarios as He Ponders His Future
Maggie Haberman, The New York Times
Haberman writes: "At a meeting on Wednesday at the White House, President Trump had something he wanted to discuss with his advisers, many of whom have told him his chances of succeeding at changing the results of the 2020 election are thin as a reed."

He then proceeded to press them on whether Republican legislatures could pick pro-Trump electors in a handful of key states and deliver him the electoral votes he needs to change the math and give him a second term, according to people briefed on the discussion.

It was not a detailed conversation, or really a serious one, the people briefed on it said. Nor was it reflective of any obsessive desire of Mr. Trump’s to remain in the White House.

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Rep. Ro Khanna, a progressive Democrat from California, says he plans to work with moderates in his party on priorities like 'Medicare for All' and aggressive climate change policies. (photo: Andrew Harnik/AP)
Rep. Ro Khanna, a progressive Democrat from California, says he plans to work with moderates in his party on priorities like 'Medicare for All' and aggressive climate change policies. (photo: Andrew Harnik/AP)


Divided Democratic Party Under Biden Requires Compromise, Says Progressive Rep. Ro Khanna
Noel King, NPR
King writes: "Khanna says that progressive voices helped galvanize a critical base to help win Biden the presidency."

Now that President-elect Biden, a moderate Democrat, has signaled that he will govern as such, Rep. Ro Khanna, a progressive Democrat from California, sees room for their party to compromise.

"Joe Biden showed how to find common ground, as did Bernie Sanders — that we can speak about budgeting our values," Khanna, vice chair of the Congressional Progressive Caucus, said in an interview with NPR's Morning Edition on Thursday.

There has been debate recently within the Democratic Party over whether progressive positions cost Democrats seats in the House. Rep. Conor Lamb, D-Pa., told The New York Times recently that his constituents "are extremely frustrated by the message of defunding the police and banning fracking."

Khanna says that while Biden did not voice support for such actions, progressive voices helped galvanize a critical base to help win him the presidency.

"My view is that the Black Lives Matter movement was very, very helpful," he said. "They helped organize record turnouts in places like Milwaukee and Atlanta and Philadelphia and Detroit. And the language of activism helped the party, but it doesn't have to be the language that the party itself adopts."

Still, Khanna is adamant that he and the party's progressive wing will work with the incoming Biden administration to push for their top concerns, including "a bold clean energy plan" and "Medicare for All."

Interview Highlights

onstructive in how we message it, we can appeal to this sentiment of the Black Lives Matter movement while explaining principles in matters of common sense.

What are you going to be looking for to see how open to progressive ideas President-elect Biden will be?

Well, President-elect Biden is off to a great start with his appointment of Ron Klain [as White House chief of staff]. I know Ron Klain very well. He has reached out many times to progressives, come to the Hill, indicated a willingness to work with us. So I think the personnel is going to matter a lot.

And then, of course, the issues of his agenda. What are we going to start with in terms of the size of our stimulus and in terms of the size of our infrastructure program and other priorities?

Biden says he doesn't want Medicare for All, likes the idea of Obamacare expansion, likes a public option, thinks the eligibility age for Medicare should be 60, not 65. As far as you are concerned, is that enough?     

Well, of course, I support Medicare for All. I think that that is the best system economically and also will cover everyone while lowering the premiums by not having premiums and copays. But I think a good starting point is to deliver on what the task forces came up with. So, let's at least extend Medicare to 60. Let's make sure we at least get a public option. And I think what progressives will be looking for is to implement, at the very least, the task forces that President-elect Biden ran on.


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Mail-in ballots. (photo: AP)
Mail-in ballots. (photo: AP)


Department of Homeland Security Calls Election "The Most Secure in American History"
Shawna Chen, Axios
Chen writes: "A top committee made up of officials from the Cybersecurity and Infrastructure Security Agency and its election partners refuted President Trump's claims of widespread voter fraud and irregularities in a statement Thursday, calling the election 'the most secure in American history.'"

The big picture: Trump has refused to concede to President-elect Joe Biden and is pursuing lawsuits in a number of states with baseless claims of voter fraud. The public statement from the president's own Department of Homeland Security undermines his narrative and is sure to infuriate him.

What they’re saying: “There is no evidence that any voting system deleted or lost votes, changed votes or was in any way compromised," members of the Election Infrastructure Government Coordinating Council (GCC) Executive Committee said in a statement.

  • Voting systems were made secure through pre-election testing, state certification of voting equipment and the U.S. Election Assistance Commission’s certification of equipment.

  • The joint statement acknowledged “opportunities for misinformation” and urged voters to seek out election officials as “trusted voices.”

Between the lines: This government statement about the election being secure should be unremarkable, Axios' Jonathan Swan notes.

  • But the sad reality is it’s a dangerous document for the officials who wrote it.

  • Every person who had a hand in writing it will almost certainly face the wrath of Trump and his inner circle in the White House.

Driving the news: CISA director Christopher Krebs has told associates he expects to be fired after he angered the White House by debunking election misinformation promoted by Trump online, Reuters first reported Thursday.

  • The White House also asked Bryan Ware, assistant director for cybersecurity at CISA, to hand in his resignation, which he did on Thursday, according to Reuters.

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Joe Biden, the president-elect and his wife, Jill, on the campaign trail in Cleveland, Ohio, prior to Mr Biden's election victory. (photo: Reuters)
Joe Biden, the president-elect and his wife, Jill, on the campaign trail in Cleveland, Ohio, prior to Mr Biden's election victory. (photo: Reuters)


Trump Officials Say the President's Refusal to Admit Defeat to Biden Could Slow Down a Vaccine Rollout, According to Report
Ashley Collman, Business Insider
Collman writes: "President Donald Trump's refusal to concede could prolong the US coronavirus outbreak and lead to more loss of American lives, senior administration officials have said."

On Monday, Trump blocked government officials from working with President-elect Joe Biden's staff while continuing to contest the 2020 election results, the Associated Press reported.

That includes Trump's COVID-19 task force, which has been barred from communicating with the team that will handle Biden's response to the pandemic, according to The Daily Beast.

Multiple current senior officials working on Trump's COVID-19 response spoke with The Daily Beast, including those working on Operation Warp Speed, a private-public coordination to speed up the process of developing and distributing a coronavirus vaccine.

These officials told The Daily Beast that without close partnership with Biden's team, there could be significant delays in disbursing a coronavirus vaccine to the public.

"The vaccine distribution planning takes time," one senior health official told the outlet. "And Operation Warp Speed has built up a huge database that is guiding their decisions about how best to roll out the vaccine. It's essential Biden's camp has access to this information so that when a vaccine does become available it can get out to the public quickly."

Business Insider has contacted the White House for comment.

Public-health experts have been optimistic about Biden's presidency, with some telling Business Insider's Aria Bendix recently that Biden had the potential to create a smoother vaccine rollout and overall decline in coronavirus cases.

Experts told Business Insider that had Trump been reelected, hundreds of thousands of additional lives might have been lost, with schools and businesses likely to have remained open in virus hot spots, and the administration's messaging on masks mixed and politicized.

Biden, meanwhile, has supported masks and social-distancing efforts and could encourage more Americans to adopt these practices, the experts said.

Marissa Levine, a public-health professor at the University of South Florida, said she was particularly hopeful that the Biden administration would go for a federal government-led vaccine-distribution plan, as opposed to the decentralized state-focused effort that the Trump campaign had been working on.

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Keola and his family are of Khmu descent, an ethnic minority that the government in Laos doesn't recognize. (photo: Keola Family/Guardian UK)
Keola and his family are of Khmu descent, an ethnic minority that the government in Laos doesn't recognize. (photo: Keola Family/Guardian UK


After an Incarcerated Firefighter Was Nearly Killed on the Front Lines, California Delivered Him to ICE
Sam Levin, Guardian UK
Levin writes: "California officials have transferred an incarcerated firefighter who suffered a near-death injury on the frontlines of a major blaze this fall to US immigration, and he is now threatened with deportation to a country his family fled three decades ago."

Bounchan Keola, 39, had just two weeks left in his prison term when he was crushed by a tree while battling the destructive Zogg fire in northern California on 2 October and airlifted to a hospital. Days later, California prison officials notified federal immigration agents that his release would be coming up, and the state, records show, made arrangements to directly transfer him into Immigration and Customs Enforcement (Ice).

Keola could now be deported to Laos, a country he left when he was four.

“I just want to go home and give my mom and dad a hug,” Keola told the Guardian in a recent call from Ice detention. “All I know is I’m American. I’ve never thought of myself not being a citizen. I’m just asking for that one second chance.”

Keola grew up a US permanent resident, and is the latest refugee to face deportation as a result of California’s controversial policy of transferring certain foreign-born prisoners to Ice after they’ve completed their prison sentences, a practice governor Gavin Newsom has supported. Lawmakers across the country, including congresswoman Alexandria Ocasio-Cortez, called on Newsom to end the transfers in September, in response to the story of Kao Saelee, another prison firefighter and Laotian refugee sent to Ice.

But the Democratic governor, it appears, has not budged.

Battling blazes: ‘First time I felt free’

Keola, born in 1981, has no memory of Laos. His family is of Khmu descent, an ethnic minority, and escaped the country after the Vietnam war. Keola has fragments of recollections of eating meals at a refugee camp in Thailand, and being terrified on the plane ride to the US.

In San Leandro, California, where the family first resettled, Keola was afraid of attending school, unable to speak English. “I was scared of people with blue eyes and blond hair. I’d never seen those features.”

He showed up to school without lunches and with clothes from Goodwill, he recalled, and was relentlessly bullied for being Asian and poor. He finally found community and protection when he met other Khmu youth in nearby Richmond, but that led him to start drinking in middle school, and he soon got caught up in gang violence. When he was 16, he was riding in a car with friends, and he and a group of them ended up shooting out of the vehicle at someone running toward them, afraid it was a member of a rival gang, he said. Two people were shot and one died.

Keola was prosecuted as an adult and his mother begged him to accept a plea deal, afraid he would be locked away for life if he went to trial. So he agreed to plea to second-degree attempted murder and other serious charges, accepting 28 years. He said he has spent decades behind bars trying to right his wrongs: “I didn’t just harm the victim and his family – I hurt my family and my whole community,” he said. “I can’t take back what I did. But I can make amends and live differently and do whatever I can to help the next person.”

This year, Keola got his first opportunity to give back outside of prison – as a worker on the frontlines of California’s fires, one of thousands of incarcerated people in the state battling blazes, making $3 a day, and $1 an hour when fighting fires.

He knew people compared the work to “slave labor” given the meager wages, but he marveled at the chance to be outside, to put his hands in a river – his first time touching running water since he was a teenager. “There was no fence, no barbed-wire, no tower, nobody with a gun waiting for you. I felt free for the first time in 22 years.”

When passersby honked in support and thanked them, he was stunned. “They treat us like firemen, not inmates. From then on, I knew this is what I was meant to do.”

After years of criticisms that prison firefighters were barred from getting firefighting licenses once released, Newsom signed legislation in September to allow some to have their criminal records expunged so they could join fire crews after prison. Newsom posed for bill-signing photos on land scorched by one of the fires, praising the “inmates who have stood on the frontlines, battling historic fires”.

The legislation meant Keola, who was nearing the end of his sentence and getting early release due to his fire service, could have a shot at a real career.

An injury, then a ‘betrayal’

On 2 October, Keola and his crew were at the fast-spreading Zogg fire near Redding, clearing brush to stop the fire from spreading. Planes above were dumping water, making it hard for them to see, he recalled. Suddenly, he heard his crew members yelling, “Tree!” just before his head was hit and he was knocked down: “I was seeing stars. I couldn’t move. I was laying flat, facedown on the ground.”

Keola had to be airlifted out. The rope hoisting him up got caught on a tree and he started rapidly spinning: “I was thinking, I’m gonna die. I started praying. I was like, God wants me to go. This is my time. I closed my eyes.”

He survived. There were a handful of local news reports on the incident, mentioning two unnamed inmate firefighters suffering injuries.

Keola’s release date was just two weeks away. He thought he might remain in the hospital until then, but instead he was sent back to prison, with recommendations for a follow up medical appointment the day before his release. His medical records list “traumatic neck injury”, and Keola wore a neck brace.

In prison, he wasn’t treated or monitored by doctors, he said. Instead, he was placed in isolation: “I felt like I was being punished because I got hurt. I felt sad and betrayed.” (His records say he was in “quarantine”, suggesting he may have been isolated for Covid protocols.) He was taking ibuprofen everyday, trying to sleep on his stomach due to the pain.

Meanwhile, his family, who lives in Pinole about 22 miles north-east of San Francisco, were making plans for his release. His sister, Thongsouk Keola, 36, said she took a week off work and planned to stay at a hotel near the prison so she could be outside waiting for him on the morning of 16 October.

But two days prior, Ice agents told Keola their agency would be picking him up instead. His stomach started churning., he recalled.

He rang his sister and told her not to bother coming.

“It’s just so unfair. He has served for so many years,” Thongsouk said. “We know he is a different person now. We are here and ready and willing to take him in, and take all responsibility.”

How Newsom could intervene

The California governor’s office has not responded to the Guardian’s repeated inquiries on the state’s policy of transferring prisoners to Ice. At one press conference, Newsom told a reporter it was “appropriate” and has “been done historically”.

That’s despite the fact that the state has no legal obligation to collaborate with Ice and that California has a “sanctuary state” law meant to limit cooperation with immigration authorities and protect residents from deportation. Prison officials, however, say they comply with Ice’s “detainers”, meaning requests for people in custody who the federal government considers eligible for deportation.

That includes longtime residents with green cards who are facing deportation due to convictions. Anoop Prasad, a staff attorney with the Asian Law Caucus (ALC), and Keola’s lawyer, said it’s unlikely federal agents would have known he was getting out if the state hadn’t alerted Ice.

California has transferred more than 500 people from prison to Ice this year, according to ALC. Prasad and other activists have long been pushing for Newsom to end the policy altogether – and to issue pardons to people such as Keola and Saelee, which would mean they are no longer threatened with deportation.

“Governor Newsom has pointed to pardons as a way to correct past injustices in the criminal system,” said Prasad. He noted that there is also no reason to believe any of this would change under the new administration of president-elect Joe Biden – who has signaled he would continue to deport people with criminal convictions. “It is not enough to just reverse what Donald Trump did. Governor Newsom has to take a hard look at the policies he’s adopted.”

What’s more, the nation of Laos does not recognize the citizenship of Khmu refugees like Keola, so it’s unclear if his birth country would accept him. Still, he is facing deportation hearings, and Prasad and his family fear that Ice could find a way to deport him anyway.

Spokespeople for the governor did not respond to repeated inquiries. Newsom has issued 63 pardons during his tenure, including ten this week to immigrants who would have faced deportation. Keola and Saelee were not on his list.

A spokeswoman for the state corrections department said the agency “does not determine the immigration status of inmates” and that Ice “makes the determination of whether to put a hold or detainer on the inmate”. Keola, she said, was “released” on 16 October. The department declined to comment on Keola’s medical treatment.

After publication, the state corrections spokeswoman said her comments on “transferring inmates to Ice” were also made “on behalf of the Newsom administration”, adding that the transfers are allowed under the state’s sanctuary law. Ice did not initially respond to inquiries, but on Thursday sent an email calling Keola a “Laotian national” and “felon who is subject to removal”, adding, “resident aliens convicted of certain crimes are removable regardless of how long they have resided within the United States”.

In Ice, Keola’s neck pain is on and off. Doctors there told him it appeared he has kidney problems – and shouldn’t have been taking ibuprofen, he said.

He has simple dreams about returning to his family. “I just want to help my mom clean, wash the dishes, do the laundry, even to water her garden. Play with my nephews and nieces. I just want to be there for them.”

If he were to be deported, Keola has one request: that Ice at least let him out briefly so he has one chance to be with his elderly parents outside the walls of prison.

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A rainbow is seen over windmills in Oahu, Hawaii. (photo: Naomi Rahim/Getty)
A rainbow is seen over windmills in Oahu, Hawaii. (photo: Naomi Rahim/Getty)


How Biden Can Make Real Climate Progress
Dan Farber, The Revelator
Farber writes: "With the next president of the United States finally decided, we can now begin moving on to the work at hand."

Joe Biden's election creates an exciting opportunity for climate action. But there's one clear hurdle: Unless the January runoff elections in Georgia for two Senate seats deliver surprising success to the Democrats, President-elect Biden will face a Senate led again by Mitch McConnell. That narrows the range of available policy instruments, but Biden should still be able to make real progress.

He has the advantage of the tide moving in the direction of clean energy. Market forces are shifting strongly away from fossil fuels and toward renewables and energy storage. State governments are moving in the same direction. And public opinion has shifted, with more people recognizing the importance of climate change and the benefits of clean energy. The trick will be to leverage these trends into faster and larger changes.

I'd advocate a three-pronged approach to take advantage of these trends: (1) aggressive use of established regulatory tools; (2) funding to improve and deploy new technologies; and (3) government support for state and private sector climate efforts.

The first prong was utilized heavily by the Obama administration.

Like Obama Biden needs to make aggressive use of existing law. Given a 6-3 conservative Supreme Court, it would be best to avoid anything that looks legally innovative and instead push as hard as possible on legally established channels.

That would mean strictly regulating conventional pollution from fossil fuels, using the Clean Air Act as well as other environmental statutes. Additional avenues include ramping up standards for methane emissions, cutting back on leasing public lands for fossil fuels, and higher fuel-efficiency standards.

There will be industry resistance to these efforts, but economic trends may help dampen that.

The second prong is legislative.

Although a GOP or 50-50 Senate will be a challenge, some kinds of legislation may have a chance of sneaking through.

Sen. Lisa Murkowski has an energy bill she has been trying to get to the floor that seems to have bipartisan support. The bill focuses on spending for research and demonstration projects. Even when the GOP controlled Congress during the first two years of Trump's presidency, Congress voted to increase funding for renewable energy for the Defense Department and to increase funding for research into innovative new energy technologies.

If Murkowski and fellow Republican Sen. Susan Collins can be brought on board, it may also be possible to adopt energy-related amendments to must-pass bills.

Finally, increased funding for adaptation-related spending by FEMA, the Defense Department and the Army Corps of Engineers may also be feasible.

The third prong involves climate efforts outside the federal government.

During the Trump administration, many states increased their use of renewable energy and a smaller group have adopted serious carbon reduction targets. The federal government can defend these efforts in court; can provide states technical resources; and can use its regulatory powers over energy markets to reinforce state climate programs.

We've also seen a serious movement by investors away from fossil fuels and toward renewables. The federal government can support these trends through its regulation of financial markets.

And the power of presidential jawboning should not be underestimated. Presidential appeals to business leaders can carry considerable clout, as can public praise or shaming.

Even if Biden is handicapped by the lack of Senate control, a lot can still be done. And the climate crisis is too urgent for us to pass up any available tool for addressing it.


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POLITICO Massachusetts Playbook: BICKFORD to lead state DEMS — WALSH plans police WATCHDOG — HOUSE votes on ABORTION ACCESS amendment

 



 
Massachusetts Playbook logo

BY STEPHANIE MURRAY

Presented by The Ridge Wallet

GOOD MORNING, MASSACHUSETTS. It's Friday the 13th. Be careful out there!

BICKFORD TO LEAD STATE DEMS — Massachusetts Democrats are eager to win the governor's office back from Republican control in 2022. But last night, a scene from a party meeting gave a glimpse at why that won’t be easy.

During a lengthy virtual meeting that was marked by some technical difficulties, some state committee members were caught on a hot mic after neglecting to hit the mute button. During one waiting period, the Democrats started making small talk over Zoom.

"Give credit where credit is due," said a committee member, in reference to how the popular Republican governor has handled the pandemic and his opposition to President Donald Trump.

"I actually admire him for the fact that he stood up to Trump," said another member.

"This is being recorded, just a reminder," a third member said to quash the pro-Baker talk. And in the Zoom chatroom, members wrote comments like "so embarrassing" and "see ya'll in Politico tomorrow."

The conversation didn't reflect the views of everyone in the meeting, but the Baker praise illustrates Democrats' biggest hurdle in 2022 if the governor runs for another term. Baker is more popular among Democrats than he is among independent voters and Republicans, meaning it'll be tough for a Democratic gubernatorial candidate to run against him.

Massachusetts Democratic Party chair Gus Bickford will get another shot at helping Democrats campaign in two years — He coasted to reelection last night. Bickford won 62% of the vote against challengers Mike Lake and Bob Massie, even after facing criticism for his handling of an incident during this summer's Democratic primary.

A particularly tense moment came after the meeting had adjourned, but the Zoom call was still live. Several members asked why the party opted not to address "the elephant in the room." They were referring to an investigation which found the party acted improperly when handling allegations against Holyoke Mayor Alex Morse during his congressional campaign. The report was addressed briefly several times, and Bickford apologized for his conduct, but some members wanted to have a larger conversation about the incident. Others on the committee said the meeting was adjourned, and the stream cut out.

Have a tip, story, suggestion, birthday, anniversary, new job, or any other nugget for the Playbook? Get in touch: smurray@politico.com.

TODAY — Sen. Ed Markey joins a call with Black Lives Matter, Demand Justice, and Sunrise Movement about adding seats to the Supreme Court with Congressmen-elect Mondaire Jones, and Jamaal Bowman. Boston Public Schools Superintendent Brenda Cassellius is a guest on GBH’s “Morning Edition.” Suffolk County District Attorney Rachael Rollins is a guest on GBH’s “Boston Public Radio.” Boston Mayor Marty Walsh virtually participates in the Mass. Black Expo hosted by the Black Economic Council of Massachusetts.

 

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TRACK THE TRANSITION, SUBSCRIBE TO TRANSITION PLAYBOOK: The definitive guide to what could be one of the most consequential transfers of power in American history. Our Transition Playbook newsletter—written for political insiders—tracks the appointments, people, and power centers of the new administration. Don't miss out. Subscribe today.

 
 
THE LATEST NUMBERS

– “More than 10,000 dead from COVID in Massachusetts: officials confirm 21 new fatalities, 2,482 cases,” by Tanner Stening, MassLive.com: “Massachusetts reached another grim milestone in the coronavirus pandemic on Thursday as health officials confirmed that there have now been more 10,000 deaths from the virus since the health crisis began. State health officials announced another 21 COVID-related fatalities Thursday, bringing the confirmed death count to 10,015, according to the Department of Public Health. Officials also confirmed another 2,482 cases of COVID-19, bringing the total number of confirmed cases to 174,953.”

– “As Mass. reaches 10,000-death milestone, a look at what’s been lost,” by Dugan Arnett, Boston Globe: “The first death came in mid-March. A Winthrop man, 87 years old. A veteran with preexisting conditions. Homebound residents watched uneasily as Governor Charlie Baker, in one of his increasingly bleak updates, called the death ‘heartbreaking’ but added what many were already thinking: That this was a day we all knew was coming.”

DATELINE BEACON HILL

– “House passes abortion access budget amendment,” by Bruce Mohl, CommonWealth Magazine: “A lame duck House passed a budget amendment Thursday night that would allow women as young as 16 to obtain abortions without parental or judicial approval and expand access to abortion when the fetus is older than 24 weeks. Backers of the amendment, which passed by a vote of 108-49, characterized it as desperately needed with the recent shift that has taken place on the US Supreme Court.”

– “Nearly $46 billion Senate budget plan relies on nearly half of ‘rainy day’ fund, includes some eviction protections,” by Steph Solis, MassLive.com: “The Massachusetts Senate tacked on extra eviction protections and mental health resources to an otherwise similar budget plan as the House, relying on $1.5 billion from the state’s stabilization fund. The Senate announced Thursday a nearly $46 billion budget, about 5.5% more than fiscal 2020, that would drain nearly half of the ‘rainy day’ fund to cover costs in education, housing, mental health and food security.”

RELATED: “Mass. Senate joins push to change sales tax collection,” by Greg Ryan, Boston Business Journal. Link.

– “Kimberly Budd commended as ‘superior choice’ for chief justice of SJC at confirmation hearing,” by Shelley Murphy, Boston Globe: “Kimberly Budd, the first Black woman nominated as chief justice of the state’s highest court, was commended as a “worthy and superior choice” by Governor Charlie Baker during opening remarks Thursday at her confirmation hearing before the Governor’s Council. Budd, an associate justice on the Supreme Judicial Court since 2016, is ‘absolutely the right candidate’ to lead the court, Baker said, based on her experience and ‘her skills as a collaborator, a listener and a leader.’"

– “Gov. Charlie Baker reiterates that children should be in classrooms as he tours Carlisle school, sees district ‘using every single square inch of space,’” by Melissa Hanson, MassLive.com: “DESE has audited at least two school districts, East Longmeadow and Watertown, for having remote learning education plans during times of low coronavirus transmission rates. Baker said Thursday that large amounts of coronavirus spread inside school buildings have not been observed in Massachusetts.”

– “Senate President Karen Spilka expects to see abortion protections tacked onto nearly $46 billion fiscal 2021 budget,” by Steph Solis, MassLive.com: “The Massachusetts Senate budget plan does not include any new abortion protections, but Senate President Karen Spilka said she wouldn’t rule out a reproductive health amendment being tacked onto the $45.98 billion budget. The House is debating its $46 billion budget Thursday, which includes a reproductive health amendment filed by Rep. Claire Cronin.”

– “The Next Wave: How This Mass. Coronavirus Surge Compares To The Spring,” by Carey Goldberg, WBUR: “This week, it became official: Massachusetts is in the throes of a second coronavirus surge. Gov. Charlie Baker says so. Asked if he considers the recent rise in cases a surge, he answered: ‘Yeah. We are in the midst of what was expected and anticipated by a lot of folks in the public health and epidemiological community last spring — which is that there would be an echo associated with this, and it would land in the fall.’”

CABINET WATCH

– “Baker says he would veto any attempt to change law that allows him to name interim senator,” by Danny McDonald and Matt Stout, Boston Globe: “Amid swirling speculation about the potential of Senator Elizabeth Warren landing a Cabinet post in president-elect Joe Biden’s administration, Governor Charlie Baker said that he would veto any legislative attempt to change the law that gives him the authority to name a senator in the case of a vacancy.”

– “A Biden administration post? Boston’s Walsh says he is concentrating on the task at hand,” by Danny McDonald, Boston Globe: “Amid rampant rumors of a possible post in the Joe Biden administration, Mayor Martin J. Walsh said Thursday the president-elect’s transition team has not been in contact with him about a gig and emphasized that he loves the job he has. Speaking at an unrelated news conference outside City Hall, the Dorchester Democrat said he has been honored to be mentioned but stressed that his focus was on issues directly affecting the city, such as the resurgent COVID-19 pandemic.”

FROM THE HUB

– “Mayor Walsh drafts law to create independent police accountability office,” by Milton J. Valencia, Boston Globe: “Boston Mayor Martin J. Walsh said Thursday that he has drafted an ordinance to create an independent police watchdog office, the first major step in a series of reforms laid out last month by a city task force. The ordinance, which will be introduced to the City Council next week, would create in Boston a first-of-its-kind Office of Police Accountability and Transparency that would monitor police and community relations, review police policies, and push accountability and transparency within the Boston Police Department.”

– “Boston sees largest single-day increase in COVID cases in months, with 355 reported Thursday,” by Tanner Stening, MassLive.com: “Boston Mayor Marty Walsh said the city saw its biggest increase in coronavirus cases Thursday since the summer. Walsh said there were 355 new confirmed cases on Thursday — its highest single-day total since June. There were no new deaths. So far, 884 Bostonians have died from COVID-19, officials said.”

– “New England States Ban Interstate Travel For Youth Hockey,” by Khari Thompson, WBUR: “Governors from all six New England states, including Massachusetts' Charlie Baker, will halt interstate travel for youth hockey competitions, citing recent coronavirus outbreaks connected to the sport.”

 

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THE 2020 ELECTION

– “One of the most important political operatives you’ve never heard of,” by Zoe Greenberg and Victoria McGrane, Boston Globe: “Throughout the presidential campaign, Jennifer O’Malley Dillon often repeated a mantra from her collegiate softball days to rally staff on endless Zoom calls: We can do hard things. Even for someone with an optimistic attitude, 2020 presented a particularly high number of ‘hard things’ for the woman running Joe Biden’s campaign.”

DAY IN COURT

– “Federal appeals court rules that Harvard’s use of race in admissions is sound,” by Deirdre Fernandes, Boston Globe: “The First Circuit Court of Appeals has affirmed a lower court decision that Harvard University’s admissions process does not discriminate against Asian-American applicants, likely propelling the battle over affirmative action to the US Supreme Court. An opinion issued by the appeals court Thursday found that Harvard’s use of race in admissions met the requirements of the law.”

TRUMPACHUSETTS


REPUBLICAN VOTER REGISTRATION IS AT A 70 YEAR LOW AND THIS HIGHLIGHTS THE REASONS:

– “Biden is ‘falsely posing as winner’ of presidential election, Massachusetts GOP Chairman Jim Lyons says,” by Lisa Kashinsky, Boston Herald: “Massachusetts GOP Chairman Jim Lyons claimed President-elect Joe Biden is ‘falsely posing as the winner’ of the election as he used the state party’s email list Thursday to amplify President Trump’s unsubstantiated claims of voter fraud and raise money for his legal battles.”

THE CLARK CAUCUS

– “House Democrats’ down-ballot leadership races offer a look at a post-Pelosi future,” by Paul Kane, The Washington Post: “Rep. Katherine M. Clark (D-Mass.), who holds a more junior leadership post, has emerged as the front-runner to win the assistant speaker race, but first must defeat Rep. David N. Cicilline (D-R.I.), a senior member of the Congressional Progressive Caucus and one of the caucus’s most prominent gay lawmakers. In September, as she launched her bid for a promotion, Clark sent a letter to all Democrats that, in retrospect, hit the precise tone for what turned out to be tumultuous political times.”

ABOVE THE FOLD

— Herald“WHO'S IN THE RED?" "PARTY FAVOR,”  Globe“Vote group dismisses Trump's claims," "10,000.”

THE LOCAL ANGLE

– “New Bedford officials say they’ve distributed over 100,000 masks,” by Travis Andersen, Boston Globe: “The city of New Bedford has distributed over 100,000 masks free of charge to keep residents safe amid the ongoing COVID-19 pandemic, officials said. A spokesman for Mayor Jon Mitchell confirmed via e-mail Thursday that the mask initiative, first launched in May, had surpassed the 100,000 face covering mark.”

– “Lowell Police: No evidence to substantiate racist poll incidents,” by Alana Melanson, The Lowell Sun: “Police are still investigating reports by a Boston-based organization that anti-Asian racist incidents allegedly occurred at two polling locations on Election Day, but said there is so far no evidence to substantiate the claims. Capt. James Hodgdon said no police officers or election workers witnessed such incidents occurring, and no other witnesses or victims have come forward.”

– “Almost all of a Mass. town’s fire department plans to resign Friday if concerns aren’t met,” by Arianna MacNeill, Boston.com: “Almost all the members of the Rockport Fire Department say they’ll quit Friday unless the town meets a list of concerns they have about the department. In a letter delivered to the town’s selectmen on Monday, the close to 30 volunteer firefighters made five demands of the town, including removing the town’s Director of Emergency Services Mark Schmink, and eliminating that position altogether.”

MEDIA MATTERS

– “Bob Oakes, Host Of WBUR's 'Morning Edition,' Will Take On New Role,” by Callum Borchers, WBUR: “Oakes, 65, is eyeing retirement. Listeners who love waking up to his familiar baritone and distinctive pronunciation of the station's name, ‘double-hew-bee-you-are,’ have several months to savor the experience, as the station conducts a national search for his successor. Oakes then plans to take on one final assignment: senior correspondent.”

TRANSITIONS – Marcos Marrero is leaving his role as director of the Holyoke’s Office of Planning & Economic Developmentand will be succeeded by outgoing state Rep. Aaron Vega.

– Kelley Tuthill was named chief operating officer of Catholic Charities of Boston. Link.

HAPPY BIRTHDAY – to Gov. Charlie Baker, who is 64; NECN’s Sue O’Connell; Sudbury state Rep. Carmine Gentile, Monica Scalpato Burke and POLITICO alum Jonathan Topaz.

Want to make an impact? POLITICO Massachusetts has a variety of solutions available for partners looking to reach and activate the most influential people in the Bay State. Have a petition you want signed? A cause you’re promoting? Seeking to increase brand awareness among this key audience? Share your message with our influential readers to foster engagement and drive action. Contact Jesse Shapiro to find out how: jshapiro@politico.com.

 

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NEW EPISODES OF POLITICO'S GLOBAL TRANSLATIONS PODCAST: The world has long been beset by big problems that defy political boundaries, and these issues have exploded in 2020 amid a global pandemic. Global Translations podcast, presented by Citi, unpacks the roadblocks to smart policy decisions and examines the long-term costs of the short-term thinking that drives many political and business decisions. In the latest episode, we look at the renewed interest in an old phrase: industrial policy. Is it still too controversial in policy circles, or is it the future of policy as governments worldwide reshape global supply chains? Subscribe for Season Two, available now.

 
 
 

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