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If You’ve Ever Traveled to a "Suspicious" Country, This Secret Program May Target You

Mother Jones

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A previously unknown Bush administration program continued under President Barack Obama grants the FBI and other national security agencies broad authority to delay or squash the immigration applications of people from Muslim countries, according to documents obtained by the American Civil Liberties Union.

Under the program, immigrants can be designated “national security concerns” based on the flimsiest of rationales, such as coming from a “suspicious” country. Other criteria that can earn an immigrant this label include wiring money to relatives abroad, attending mosques the FBI has previously surveilled, or simply appearing in FBI case files.


Our Yearlong Investigation Into the Program to Spy on America’s Muslim Communities


How the Bureau Enlists Foreign Regimes to Detain and Interrogate US Citizens


When Did Lefty Darling Brandon Darby Turn Government Informant?


Charts from Our Terror Trial Database


Watch an FBI Surveillance Video


Documents: FBI Spies and Suspects, in Their Own Words

“This policy is creating a secret exclusion to bar many people who are eligible for citizenship because…of their national origin or religion or associations,” says Jennie Pasquarella, the ACLU lawyer who authored a new report on the program, which is called the Controlled Application Review and Resolution Program (CARRP). “It’s doing this without the knowledge of the public, without the knowledge of applicants, and without, we believe, the knowledge of Congress.”

The criteria laid out under CARRP, which took effect in April 2008, are used to process nearly every immigration application. But once the FBI or another government agency flags an immigrant as a potential national security threat, that person’s application for citizenship or permanent residency is shunted off into a separate system, where it lingers and is almost invariably rejected. The immigrants who have been labeled “national security concerns” have no way to know about or contest the decision.

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If You’ve Ever Traveled to a "Suspicious" Country, This Secret Program May Target You

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Snowden Wars Episode V: The Surveillance State Strikes Back

Mother Jones

Alan Rusbridger, editor of the Guardian, tells a story about the newspaper’s ongoing exposure of Edward Snowden’s surveillance files:

A little over two months ago I was contacted by a very senior government official claiming to represent the views of the prime minister. There followed two meetings in which he demanded the return or destruction of all the material we were working on. The tone was steely, if cordial, but there was an implicit threat that others within government and Whitehall favoured a far more draconian approach.

The mood toughened just over a month ago, when I received a phone call from the centre of government telling me: “You’ve had your fun. Now we want the stuff back.” There followed further meetings with shadowy Whitehall figures. The demand was the same: hand the Snowden material back or destroy it. I explained that we could not research and report on this subject if we complied with this request. The man from Whitehall looked mystified. “You’ve had your debate. There’s no need to write any more.”

During one of these meetings I asked directly whether the government would move to close down the Guardian’s reporting through a legal route — by going to court to force the surrender of the material on which we were working. The official confirmed that, in the absence of handover or destruction, this was indeed the government’s intention. Prior restraint, near impossible in the US, was now explicitly and imminently on the table in the UK. But my experience over WikiLeaks — the thumb drive and the first amendment — had already prepared me for this moment. I explained to the man from Whitehall about the nature of international collaborations and the way in which, these days, media organisations could take advantage of the most permissive legal environments. Bluntly, we did not have to do our reporting from London. Already most of the NSA stories were being reported and edited out of New York. And had it occurred to him that Greenwald lived in Brazil?

The man was unmoved. And so one of the more bizarre moments in the Guardian’s long history occurred — with two GCHQ security experts overseeing the destruction of hard drives in the Guardian’s basement just to make sure there was nothing in the mangled bits of metal which could possibly be of any interest to passing Chinese agents. “We can call off the black helicopters,” joked one as we swept up the remains of a MacBook Pro.

Rusbridger’s conclusion:

The state that is building such a formidable apparatus of surveillance will do its best to prevent journalists from reporting on it. Most journalists can see that. But I wonder how many have truly understood the absolute threat to journalism implicit in the idea of total surveillance, when or if it comes — and, increasingly, it looks like “when”.

We are not there yet, but it may not be long before it will be impossible for journalists to have confidential sources. Most reporting — indeed, most human life in 2013 — leaves too much of a digital fingerprint. Those colleagues who denigrate Snowden or say reporters should trust the state to know best (many of them in the UK, oddly, on the right) may one day have a cruel awakening. One day it will be their reporting, their cause, under attack. But at least reporters now know to stay away from Heathrow transit lounges.

Remember back when the internet was supposed to make the state obsolete? That was always laughable, just as the 90s-era cluetrain nonsense about the internet making traditional marketing obsolete was laughable. In both cases, exactly the opposite has happened. Sure, the internet empowers individuals in certain ways, both in their relation to the market as well as in their relation to the state, but the overall impact has been in exactly the opposite direction. Just as multinational firms almost effortlessly comandeered the internet as a marketing vehicle after only a few years of confusion, governments quickly learned that any sufficiently motivated state can use the capabilities inherent in an omnipresent digital network to exercise far more control over their territory and their citizens than they give up. The only question is how motivated the state is.

Anyone who thinks otherwise is confused about how the virtual world works. Sure, the internet’s protocols make top-down control difficult, as does the decentralization of its infrastructure. But those are just speed bumps. As everyone should understand by now, the virtual world is virtual only at a very shallow level. Dig an inch deep and guess what? Your iPhone is a physical object. Routers are physical objects. Fiber optic cables are physical objects. Computers are physical objects. And governments have control over the physical world.

I don’t know how this turns out any more than you do. In the end, maybe the centrifugal forces of the internet really will win the day. After all, as Rusbridger pointed out to the GCHQ folks, destroying a few hard drives in London didn’t make the slightest difference to the Guardian’s ability to report the Snowden story.

On the other hand, Snowden himself is bottled up in Russia. Julian Assange is trapped like a rat in the Ecuadorian embassy in London. Wikileaks has been crippled by concerted international sanctions. Bradley Manning will spend the rest of his life in jail. And even the thickest-skinned journalists will think twice before tackling sensitive subjects now that they know their spouses, family, and friends are considered fair game for harassment by any sufficiently annoyed security agency. If even the president of Bolivia can’t escape harassment, what chance do you have?

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Snowden Wars Episode V: The Surveillance State Strikes Back

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How A Leaderless Climate Change Movement Can Survive

Mother Jones

This story first appeared on the TomDispatch website.

The history we grow up with shapes our sense of reality—it’s hard to shake. If you were young during the fight against Nazism, war seems a different, more virtuous animal than if you came of age during Vietnam. I was born in 1960, and so the first great political character of my life was Martin Luther King, Jr. I had a shadowy, child’s sense of him when he was still alive, and then a mythic one as his legend grew; after all, he had a national holiday. As a result, I think, I imagined that he set the template for how great movements worked. They had a leader, capital L.

As time went on, I learned enough about the civil rights movement to know it was much more than Dr. King. There were other great figures, from Ella Baker and Medgar Evers to Bob Moses, Fannie Lou Hamer, and Malcolm X, and there were tens of thousands more whom history doesn’t remember but who deserve great credit. And yet one’s early sense is hard to dislodge: the civil rights movement had his face on it; Gandhi carried the fight against empire; Susan B. Anthony, the battle for suffrage.

Which is why it’s a little disconcerting to look around and realize that most of the movements of the moment—even highly successful ones like the fight for gay marriage or immigrant’s rights—don’t really have easily discernible leaders. I know that there are highly capable people who have worked overtime for decades to make these movements succeed, and that they are well known to those within the struggle, but there aren’t particular people that the public at large identifies as the face of the fight. The world has changed in this way, and for the better.

It’s true, too, in the battle where I’ve spent most of my life: the fight to slow climate change and hence give the planet some margin for survival. We actually had a charismatic leader in Al Gore, but he was almost the exception that proved the rule. For one thing, a politician makes a problematic leader for a grassroots movement because boldness is hard when you still envision higher office; for another, even as he won the Nobel Prize for his remarkable work in spreading climate science, the other side used every trick and every dollar at their disposal to bring him down. He remains a vital figure in the rest of the world (partly because there he is perceived less as a politician than as a prophet), but at home his power to shape the fight has been diminished.

That doesn’t mean, however, that the movement is diminished. In fact, it’s never been stronger. In the last few years, it has blocked the construction of dozens of coal-fired power plants, fought the oil industry to a draw on the Keystone pipeline, convinced a wide swath of American institutions to divest themselves of their fossil fuel stocks, and challenged practices like mountaintop-removal coal mining and fracking for natural gas. It may not be winning the way gay marriage has won, but the movement itself continues to grow quickly, and it’s starting to claim some victories.

That’s not despite its lack of clearly identifiable leaders, I think. It’s because of it.

A Movement for a New Planet

We live in a different world from that of the civil rights movement. Save perhaps for the spectacle of presidential elections, there’s no way for individual human beings to draw the same kind of focused and sustained attention they did back then. At the moment, you could make the three evening newscasts and the cover of Time (not Newsweek, alas) and still not connect with most people. Our focus is fragmented and segmented, which may be a boon or a problem, but mostly it’s just a fact. Our attention is dispersed.

When we started 350.org five years ago, we dimly recognized this new planetary architecture. Instead of trying to draw everyone to a central place—the Mall in Washington, D.C.—for a protest, we staged 24 hours of rallies around the planet: 5,200 demonstrations in 181 countries, what CNN called “the most widespread of day of political action in the planet’s history.” And we’ve gone on to do more of the same—about 20,000 demonstrations in every country but North Korea.

Part of me, though, continued to imagine that a real movement looked like the ones I’d grown up watching—or maybe some part of me wanted the glory of being a leader. In any event, I’ve spent the last few years in constant motion around the country and the Earth. I’d come to think of myself as a “leader,” and indeed my forthcoming book, Oil and Honey: The Education of an Unlikely Activist, reflects on that growing sense of identity.

However, in recent months—and it’s the curse of an author that sometimes you change your mind after your book is in type—I’ve come to like the idea of capital L leaders less and less. It seems to me to miss the particular promise of this moment: that we could conceive of, and pursue, movements in new ways.

For environmentalists, we have a useful analogy close at hand. We’re struggling to replace a brittle, top-heavy energy system, where a few huge power plants provide our electricity, with a dispersed and lightweight grid, where 10 million solar arrays on 10 million rooftops are linked together. The engineers call this “distributed generation,” and it comes with a myriad of benefits. It’s not as prone to catastrophic failure, for one. And it can make use of dispersed energy, instead of relying on a few pools of concentrated fuel. The same principle, it seems to me, applies to movements.

In the last few weeks, for instance, 350.org helped support a nationwide series of rallies called Summerheat. We didn’t organize them ourselves. We knew great environmental justice groups all over the country, and we knew we could highlight their work, while making links between, say, standing up to a toxic Chevron refinery in Richmond, California, and standing up to the challenge of climate change.

From the shores of Lake Huron and Lake Michigan, where a tar-sands pipeline is proposed, to the Columbia River at Vancouver, Washington, where a big oil port is planned, from Utah’s Colorado Plateau, where the first US tar-sands mine has been proposed, to the coal-fired power plant at Brayton Point on the Massachusetts coast and the fracking wells of rural Ohio—Summerheat demonstrated the local depth and global reach of this emerging fossil fuel resistance. I’ve had the pleasure of going to talk at all these places and more besides, but I wasn’t crucial to any of them. I was, at best, a pollinator, not a queen bee.

Or consider a slightly older fight. In 2012, the Boston Globe magazine put a picture of me on its cover under the headline: “The Man Who Crushed the Keystone Pipeline.” I’ve got an all-too-healthy ego, but even I knew that it was over the top. I’d played a role in the fight, writing the letter that asked people to come to Washington to resist the pipeline, but it was effective because I’d gotten a dozen friends to sign it with me. And I’d been one of 1,253 people who went to jail in what was the largest civil disobedience action in this country in years. It was their combined witness that got the ball rolling. And once it was rolling, the Keystone campaign became the exact model for the sort of loosely-linked well-distributed power system I’ve been describing.

The big environmental groups played key roles, supplying lots of data and information, while keeping track of straying members of Congress. Among them were the National Resources Defense Council, Friends of the Earth, the League of Conservation Voters, and the National Wildlife Federation, none spending time looking for credit, all pitching in. The Sierra Club played a crucial role in pulling together the biggest climate rally yet, last February’s convergence on the Mall in Washington.

Organizations and individuals on the ground were no less crucial: the indigenous groups in Alberta and elsewhere that started the fight against the pipeline which was to bring Canadian tar sands to the US Gulf Coast graciously welcomed the rest of us, without complaining about how late we were. Then there were the ranchers and farmers of Nebraska, who roused a whole stadium of football fans at a Cornhuskers game to boo a pipeline commercial; the scientists who wrote letters, the religious leaders who conducted prayer vigils. And don’t forget the bloggers who helped make sense of it all for us. One upstart website even won a Pulitzer Prize for its coverage of the struggle.

Non-experts quickly educated themselves on the subject, becoming specialists in the corruption of the State Department process that was to okay the building of that pipeline or in the chemical composition of the bitumen that would flow through it. CREDO (half an activist organization, half a cell phone company), as well as Rainforest Action Network and The Other 98%, signed up 75,000 people pledged to civil disobedience if the pipeline were to get presidential approval.

And then there was the Hip Hop Caucus, whose head Lennox Yearwood has roused one big crowd after another, and the labor unions—nurses and transit workers, for instance—who have had the courage to stand up to the pipeline workers’ union which would benefit from the small number of jobs to be created if Keystone were built. Then there are groups of Kids Against KXL, and even a recent grandparents’ march from Camp David to the White House. Some of the most effective resistance has come from groups like Rising Tide and the Tarsands Blockade in Texas, which have organized epic tree-sitting protests to slow construction of the southern portion of the pipeline.

The Indigenous Environmental Network has been every bit as effective in demonstrating to banks the folly of investing in Albertan tar sands production. First Nations people and British Columbians have even blocked a proposed pipeline that would take those same tar sands to the Pacific Ocean for shipping to Asia, just as inspired activists have kept the particularly carbon-dirty oil out of the European Union.

We don’t know if we’ll win the northern half of the Keystone fight or not, although President Obama’s recent pledge to decide whether it should be built—his is the ultimate decision—based on how much carbon dioxide it could put into the atmosphere means that he has no good-faith way of approving it. However, it’s already clear that this kind of full-spectrum resistance has the ability to take on the huge bundles of cash that are the energy industry’s sole argument.

What the Elders Said

This sprawling campaign exemplifies the only kind of movement that will ever be able to stand up to the power of the energy giants, the richest industry the planet has ever known. In fact, any movement that hopes to head off the worst future depredations of climate change will have to get much, much larger, incorporating among other obvious allies those in the human rights and social justice arenas.

The cause couldn’t be more compelling. There’s never been a clearer threat to survival, or to justice, than the rapid rise in the planet’s temperature caused by and for the profit of a microscopic percentage of its citizens. Conversely, there can be no real answer to our climate woes that doesn’t address the insane inequalities and concentrations of power that are helping to drive us toward this disaster.

That’s why it’s such good news when people like Naomi Klein and Desmond Tutu join the climate struggle. When they take part, it becomes ever clearer that what’s underway is not, in the end, an environmental battle at all, but an all-encompassing fight over power, hunger, and the future of humanity on this planet.

Expansion by geography is similarly a must for this movement. Recently, in Istanbul, 350.org and its allies trained 500 young people from 135 countries as climate-change organizers, and each of them is now organizing conferences and campaigns in their home countries.

This sort of planet-wide expansion suggests that the value of particular national leaders is going to be limited at best. That doesn’t mean, of course, that some people won’t have more purchase than others in such a movement. Sometimes such standing comes from living in the communities most immediately and directly affected by climate change or fossil fuel depredation. When, for instance, the big climate rally finally did happen on the Mall this winter, the 50,000 in attendance may have been most affected by the words of Crystal Lameman, a young member of the Beaver Lake Cree Nation whose traditional territory has been poisoned by tar sands mining.

Sometimes it comes from charisma: Van Jones may be the most articulate and engaging environmental advocate ever. Sometimes it comes from getting things right for a long time: Jim Hansen, the greatest climate scientist, gets respect even from those who disagree with him about, say, nuclear power. Sometimes it comes from organizing ability: Jane Kleeb who did such work in the hard soil of Nebraska, or Clayton Thomas-Muller who has indefatigably (though no one is beyond fatigue) organized native North America. Sometimes it comes from sacrifice: Tim DeChristopher went to jail for two years for civil disobedience, and so most of us are going to listen to what he might have to say.

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How A Leaderless Climate Change Movement Can Survive

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Ken Cucinnelli Scrubs His Immigration Hardliner Past

Mother Jones

As a member of the Virginia Senate, GOP gubernatorial nominee Ken Cuccinelli used his email newsletter to tout his role in founding State Legislators for Legal Immigration (SLLI), a group dedicated to cutting off economic, education, and employment opportunities to undocumented immigrants. Cuccinelli, who is now the state’s attorney general, has softened his views in recent months to appeal to a broader audience as he runs for governor. But as a potential swing-state governor, his past statements clash with the Republican National Committee’s post-election autopsy stressing the importance of immigration reform for the future of the party.

SLLI was launched in 2007 by Pennsylvania state Rep. Daryl Metcalfe, a Republican. The group aligned itself with anti-immigration hardliners in an effort to convince the Supreme Court to use the 14th Amendment to end birthright citizenship—a position Cuccinelli endorsed in a Senate resolution urging Congress to take action against what he called “anchor babies.” According to its mission statement, the group also aims “to provide a network of state legislators who are committed to working together in demanding full cooperation among our federal, state and local governments in eliminating all economic attractions and incentives (including, but not limited to: public benefits, welfare, education and employment opportunities) for illegal aliens, as well as securing our borders against unlawful invasion.”

In May 2007, Cuccinelli endorsed SLLI in his newsletter, the Cuccinelli Compass, writing, “I was one of the founding members of State Legislators for Legal Immigration.” He spelled out a version of the group’s mission statement, expressing the importance of eliminating incentives that “continue to lure illegal aliens across the border,” and wrote that he supported sending “illegal aliens back to their home country.” He also wrote, “You can count on me to remain vigilant on this issue!” Cuccinelli sent out the newsletter days after stating in an SLLI press release that “porous borders and lax immigration enforcement have left us vulnerable not only to terrorist attacks but to increasing levels of crime in our communities,” specifically those who “traffic their deadly cocktail of drugs and gang violence into Virginia.” (Read the full text of the email’s immigration section below.)

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Ken Cucinnelli Scrubs His Immigration Hardliner Past

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60 Years Later, CIA Admits Role in Iran Coup Everyone Knows It Orchestrated

Mother Jones

The Central Intelligence Agency, via declassified documents, has acknowledged its central role in the subversion of democracy in Iran. The coup took places six decades ago, so better late than never:

The newly declassified material is believed to contain the CIA’s first public acknowledgment of its role in deposing democratically elected Prime Minister Mohammad Mossadegh after he nationalized the country’s oil industry. The move—and Iran’s broader lurch to the left under Mossadegh—infuriated Great Britain and the United States, which pressed Shah Mohammad Reza Pahlavi to depose him in 1953.

Mossadegh was sentenced to three years of solitary confinement in 1953 and remained under house arrest until his death in 1967. The U.S.-British plot to overthrow him served as a rallying point for the 1979 revolution that ousted the Shah, and Mossadegh remains a popular figure in Iran today despite his secularist politics.

For decades, it’s been no secret—nor has it been at all ambiguous—that the CIA helped orchestrate the coup d’état. In fact, President Obama talked publicly about the CIA-backed coup during his widely covered 2009 speech in Cairo, Egypt: “For many years, Iran has defined itself in part by its opposition to my country, and there is indeed a tumultuous history between us,” Obama said. “In the middle of the Cold War, the United States played a role in the overthrow of a democratically-elected Iranian government. Since the Islamic Revolution, Iran has played a role in acts of hostage-taking and violence against U.S. troops and civilians. This history is well known.”

Part of this well-known history includes CIA operatives bribing Iranian street thugs to riot against the elected government. Following the victory of coup leaders, a lot of pro-Mossadegh citizens were detained, tortured, and/or murdered. This was merely one episode in the long-running series of “CIA Does Messed-Up Thing Around The World.”

The declassified material (you can read key excerpts here) were made available thanks to the efforts of the National Security Archive at George Washington University. The Archive also recently published, as a result of their public records request, CIA history on Area 51.

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60 Years Later, CIA Admits Role in Iran Coup Everyone Knows It Orchestrated

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British Security Authorities Detain Glenn Greenwald’s Partner for 9 Hours at Heathrow Airport

Mother Jones

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Earlier today British security officials at Heathrow Airport detained Glenn Greenwald’s partner, a Brazilian citizen, under the authority of schedule 7 of the Terrorism Act of 2000. David Miranda was transiting through Heathrow on his way home after a trip to Berlin, where he had visited Laura Poitras, Greenwald’s partner in exposing the NSA’s surveillance programs. British authorities ended up holding Miranda for nine hours, the maximum allowed, and then confiscated his cell phone, laptop, camera, memory sticks, DVDs, and game console before finally releasing him.

This is more than just shocking. It’s stupid. Criminally, insanely stupid. I can hardly think of a better way of convincing skeptics that security authorities can’t be trusted with the power we’ve given them.

British citizens want to know if any government ministers were involved in this. As an American citizen, I’d like to know if any American officials were involved in this.

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British Security Authorities Detain Glenn Greenwald’s Partner for 9 Hours at Heathrow Airport

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A royal(ty) scam: How oil and gas companies shortchange landowners

A royal(ty) scam: How oil and gas companies shortchange landowners

Steven Jenkins

Discovering you live over an oil or gas deposit, in theory, presents you with a nice retirement plan. Lease the drilling rights to an energy company and you could be looking at thousands of dollars a month in royalties for as long as the fuel lasts. In fact, one of the arguments for expanded domestic drilling holds that those royalties will boost rural economies by putting extra cash in the pockets of local landowners, and funnel extra revenue to the federal government, as around 30 percent of drilling in the U.S. takes place on federal land.

It sounds like a sweet deal, so of course there must be a catch. Those royalties, it turns out, rarely end up being as high as expected, thanks to oil companies’ manipulation of the opaque formulas dictating how much drilling income the landowner ultimately sees. That’s according to an investigation by ProPublica:

In many cases, lawyers and auditors who specialize in production accounting tell ProPublica energy companies are using complex accounting and business arrangements to skim profits off the sale of resources and increase the expenses charged to landowners.

Deducting expenses is itself controversial and debated as unfair among landowners, but it is allowable under many leases, some of which were signed without landowners fully understanding their implications.

But some companies deduct expenses for transporting and processing natural gas, even when leases contain clauses explicitly prohibiting such deductions. In other cases, according to court files and documents obtained by ProPublica, they withhold money without explanation for other, unauthorized expenses, and without telling landowners that the money is being withheld.

Retired Pennsylvania dairy farmer Don Feusner, for example, saw his monthly gas-drilling royalty checks dwindle to a fraction of their original value — from $8,506 in December to $1,609 in April — even though wells on his property continued producing the same amount of natural gas. Chesapeake Energy was withholding almost 90 percent of his share of the drilling income for mysterious “gathering” expenses.

The government has been stiffed by energy companies, too, but the feds have their own auditing agency and army of lawyers; federal and state governments have successfully sued the likes of Chesapeake, Exxon, and Shell for billions of dollars of damages and back royalties. It’s much harder for individual citizens to fight back. They have to shell out their own cash to pay for legal services, and they’re often dealing with decades-old drilling leases inherited from relatives, making it even harder to parse the terms of the contract.

If a landowner does raise questions about how her royalties are calculated, tracing the source of the trouble is no simple task. After it’s extracted from the land, oil flows across the country through a network of pipelines in which different sections are owned by different companies, and the drilling rights themselves are split into shares and frequently traded. ProPublica writes:

The chain of custody and division of shares is so complex that even the country’s best forensic accountants struggle to make sense of energy companies’ books. …

“If you have a system that is not transparent from wellhead to burner tip and you hide behind confidentiality, then you have something to hide,” Jerry Simmons, executive director of the National Association of Royalty Owners (NARO), the premier organization representing private landowners in the U.S., told ProPublica in a 2009 interview. Simmons said recently that his views had not changed, but declined to be interviewed again. “The idea that regulatory agencies don’t know the volume of gas being produced in this country is absurd.”

In Pennsylvania, ProPublica found, landowners face an especially arduous road to justice. Little precedent exists for how such cases should be handled; many leases forbid landowners from auditing gas companies, and even if they don’t, the auditing process can cost tens of thousands of dollars. If it unearths discrepancies, then landowners can be required to submit to arbitration, also a costly process that can make it harder for them to join class-action lawsuits. And all of this has to be accomplished within the state’s four-year statute of limitations. As one Pennsylvania attorney representing landowners put it: “They basically are daring you to sue them.”

Chesapeake Energy racked up $12.3 billion in revenues in 2012. So why does it go to such lengths to lowball landowners, to whom a few thousand extra bucks a month make a much bigger difference than they do to Chesapeake? Does the company get off on being withholding? Well, probably — but its primary motivation, according to Owen Anderson, an expert in royalty disputes at the University of Oklahoma College of Law, is the same as every corporation’s:

“The duty of the corporation is to make money for shareholders,” Anderson said. “Every penny that a corporation can save on royalties is a penny of profit for shareholders, so why shouldn’t they try to save every penny that they can on payments to royalty owners?”

The duty of a corporation is to make money for shareholders. Period. How many of our current economic woes can be traced to that statement?

Claire Thompson is an editorial assistant at Grist.

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A royal(ty) scam: How oil and gas companies shortchange landowners

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ACLU Threatens Suit Over Kansas’ ‘Suspended’ Voter Registrations

Mother Jones

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Kansas Secretary of State Kris Kobach is no stranger to immigration controversy. The Republican’s fingerprints can be found on all sorts of immigration laws around the country, including Arizona’s controversial SB 1070. He’s one of the key cogs in the national movement of immigration hardliners and as recently as April defended his use of the phrase “self-deportation” (a phrase even Newt Gingrich called “anti-human”).

Kobach’s support of another immigration-related voter registration law could land him in court. The ACLU said Tuesday that Kobach and the state of Kansas are violating the National Voter Registration Act by preventing people from registering to vote who haven’t proved to the state’s satisfaction that they’re US citizens. About 14,000 people — about a third of the people who’ve submittted registration forms in 2013 — are in “suspense,” meaning state elections officials can’t verify that the person is actually eligible to vote. In many cases this has to do with fact that proof-of-citizenship documents aren’t being transferred to Kansas election officials from Kansas DMVs—despite a $40 million system designed to streamline the process. The ACLU also says Kansas is failing to make its election forms widely available and is generally failing to uphold its responsibilities under federal election law.

The ACLU has threatened to sue the state of Kansas if it doesn’t address its concerns.

ACLU’s main beef is with Kansas’ requirement that first-time voters in the state provide proof of citizenship. Arizona enacted a similar requirement in 2004, but the US Supreme Court struck it down earlier this summer. The federal form requires registrants to check a box affirming their lawful right to vote under penalty of perjury. The Supreme Court, in a 7-2 decision written by arch liberal Justice Antonin Scalia, said that states had to accept the federal registration form unless it could convince the Election Assistance Commission (a federal body charged with making voting easier in the wake of the 2000 Florida elections debacle) to change the requirements.

Kobach, through his media office, wouldn’t answer questions about the ACLU’s allegations. But he did issue a statement:

“We are reviewing the letter submitted by the ACLU. However, the ACLU and other organizations on the Left have made clear from the start that they oppose proof-of-citizenship requirements for voting and that they will attempt to prevent the State of Kansas from ensuring that only citizens are registered to vote. This letter therefore comes as no surprise.”

Kobach added that the ACLU is misinterpreting the Supreme Court’s decision, and that the state of Kansas “takes the citizenship qualification seriously and will enforce it.”

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ACLU Threatens Suit Over Kansas’ ‘Suspended’ Voter Registrations

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Mitch McConnell’s 2014 Battle Could Be the Most Expensive Senate Race Ever

Mother Jones

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In 2014, ground zero for our cash-drenched, post-Citizens United politics will undoubtedly be Kentucky. Senate Minority Leader Mitch McConnell faces a tea party challenger, Matt Bevin, in the GOP primary and, barring a stunning upset, the Clinton-backed Democrat Alison Lundergan Grimes in the general election. As I reported in July, Grimes says she’ll need between $26 million and $30 million to defeat McConnell. Only four Senate candidates raised more in 2012.

Now, the Washington Post‘s Chris Cillizza has run the numbers and made a odds-on prediction: The Kentucky race will be the first $100 million Senate election—and so the most expensive—in American history.

Cillizza builds a strong case. McConnell, who raised $21 million for his 2008 reelection campaign, already has nearly $10 million in the bank. To get past Bevin, his pesky primary challenger and a wealthy businessman with millions at his disposal, McConnell could end up spending $5 million to win the primary. Cillizza says McConnell could go on to raise and spend upwards of $35 million overall. And if Grimes, the Democrat, meets her $30 million target, then we’re talking about a $65 million to $70 million race.

And that’s before the outside money starts pouring in. Here’s Cillizza:

Consider the two national parties. The National Republican Senatorial Committee will spend almost everything it has to bring McConnell back, given his prominence within the party and the amount he has done for the committee over the years. And, while the Democratic Senatorial Campaign Committee has plenty of its own incumbents to defend, beating McConnell might make up for lots of other losses in other places, and the committee knows it. It’s easy to see both the NRSC and the DSCC spending in the neighborhood of $10 million each—and that might well be conservative—on Kentucky. Add that $20 million, and the cost of the race is already at $90 million.

The final piece of the spending puzzle is the super-PAC world. A pro-McConnell super PAC—Kentuckians for Strong Leadership—brought in more than $1 million in its first four months of existence. There will be much, much more where that came from. And it’s a certainty that Democrats will set up a super-PAC of their own to support Grimes/beat up McConnell. Aside from those quasi-official super PACs for the two candidates, there will be lots of other interested parties who want to make their voices heard—read: spend money in the most high-profile Senate race in the country. Will all of these groups combine to spend $10 million? Um, yes.

Cillizza’s prognosticating is a little fuzzy on super-PACs, so here’s more to consider. Senate Majority PAC, the super-PAC devoted to electing Senate Democrats, has already hammered McConnell on the airwaves, and it will no doubt continue to attack as long as the race remains competitive. There’s also the American Crossroads super-PAC and its secretly-funded sister nonprofit, Crossroads GPS. The president of the two Crossroads groups is Steven Law, McConnell’s former chief of staff. You can bet that the Crossroads juggernaut will make itself heard in the Bluegrass State. With all those major outside players eyeing Kentucky, super-PAC and dark-money spending could easily blow past Cillizza’s $10-million estimate.

In 2012, the nation’s marquee Senate race was in Massachusetts, pitting incumbent Scott Brown against Elizabeth Warren. That race cost more than $80 million, falling short of the $100 million threshold only because Brown and Warren agreed to a “people’s pledge” keeping most super-PAC and nonprofit spending out of their race. In 2014, the spotlight is on Kentucky, and with no truce in sight, crossing that $100 million milestone is looking like a foregone conclusion.

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Mitch McConnell’s 2014 Battle Could Be the Most Expensive Senate Race Ever

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Meet the Immigration Reformers in Steve King’s Iowa

Mother Jones

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Comprehensive immigration reform has no greater enemy in Congress than Rep. Steve King (R-Iowa). In July, he warned the conservative site Newsmax that most undocumented immigrants “weigh 130 pounds and they’ve got calves the size of cantaloupes because they’re hauling 75 pounds of marijuana across the desert.” In June, when a coalition of undocumented immigrants stopped by his Capitol Hill office, he tweeted that he had been “invaded.” He once constructed a replica border fence from scratch on the floor of the House, just to show his colleagues how it’s done.

King is Washington’s most anti-immigrant congressman, but the patch of northwest Iowa he represents is surprisingly devoid of his brand of nativism. Statistically, he’s an outlier. Voters in King’s district support a path to citizenship for undocumented residents by a 2 to 1 margin, according to a survey last month by the Tarrance Group, a Republican polling firm. In recent months he has run into opposition at home from a bipartisan coalition of immigrants, faith leaders, business interests, and even law enforcement officers, who view comprehensive immigration reform as imperative to the health of the increasingly diverse region. On Thursday, King finally met with supporters of immigration reform at his Sioux City office—on the condition that he be allowed to videotape it.

Their message for King is a simple one: They’d like him to tone it down.

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Meet the Immigration Reformers in Steve King’s Iowa

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