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Pakistan’s New Big Threat Isn’t Terrorism—It’s Water

Mother Jones

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This story first appeared in The Atlantic and is reproduced here as part of the Climate Desk collaboration.

In a report released last week by the Asian Development Bank (ADB), Pakistan was pinpointed as “one of the most water-stressed countries in the world, not far from being classified, ‘water-scarce.'” As water demand exceeds supply in the South Asian country, more and more water is being withdrawn from the nation’s reservoirs, leaving them in a critically precarious position. According to the ADB, Pakistan’s storage capacity, the amount of water it has on reserve in case of an emergency, is limited to a 30-day supply—far below the recommended 1,000 days for countries with similar climates. Without meaningful action, a water crisis could push the country into further chaos.

Consider what a water shortage means for Pakistan. The last several years have seen the country plagued by chronic energy scarcities. Power outages lasting up to 18 hours a day are routine throughout the country, and they have had damaging effects on the economy and on the wellbeing of Pakistanis. Citizens frequently take to the streets, demanding a solution from their government in protests that often turn violent, worsening an already tumultuous political environment. Deficiencies of another precious natural resource, such as water, have the potential to intensify the already unstable situation in the country.

Early signs of the potential imbroglio that could transpire are already beginning to take shape. Late last week, residents in Abbottabad vowed to hold mass demonstrations if the local government was unable to address rampant water shortages in the city. The city has lacked sufficient water for the past month, with over 5,000 homes impacted in the hottest months of the year.

At a conference organized around water shortages in the province of Sindh earlier this month, leaders of political parties and various trade organizations blamed a wide array of individuals, including former Pakistani heads of state, other provinces in the country, and even Pakistan’s neighbors, for the nation’s water woes.

Extremist groups, of which there is no dearth in Pakistan, have also weighed in on the matter, using it as an opportunity to garner support for their movement. Hafiz Saeed, the founder of the militant group, Lakshar-e-Taiba—the organization behind the 2008 Mumbai attacks—has unequivocally blamed India for Pakistan’s water crunch, accusing its government of committing “water terrorism.” By evoking an issue that is sensitive to millions of Pakistanis, Saeed’s rhetoric demonstrates the potential of militant groups to exploit this issue.

The country’s demographics make it seem as though this trend will only worsen over time. Pakistan’s population has grown exponentially over the past several decades. With two-thirds of the population currently under the age of 30, the nation of 180 million is expected to swell to 256 million by the year 2030, and demand for water will only grow. Meanwhile, climate change, which has reduced water flows into the Indus River, Pakistan’s main supply source, will continue to shrink the available water supply.

The response to any crisis is likely to play out, in part, through Pakistan’s foreign policy. For starters, the government has been pushing to redefine the terms of the Indus Water Treaty of 1960—the water-sharing plan struck between India and Pakistan that outlines how the six rivers of the Indus basin would be shared. Pakistan has recently contested the construction of Indian dams on rivers that begin in India but flow into Pakistan, arguing that the dams would restrict Pakistani supply.

The dispute, which is currently being reviewed by the International Court of Arbitration in The Hague, will clearly impact the relationship between the two historic rivals, as water demand increases in both countries. But with pressure mounting from various groups within Pakistan, and the likelihood of instability increasing due to shortages, the Pakistani government may find itself in a difficult position when negotiating with India—it will have limited bargaining room against an Indian government that may be reluctant to renegotiate a treaty that has been in place for 53 years.

There are other ways, outside of India, for Pakistan to alleviate the problem. Requiring and enforcing updated, modern farming techniques is a start. Pakistan’s agriculture industry is notorious for its inefficient irrigation and drainage processes, which have contributed to the scarcity. The government will also need to reach out beyond its borders to create solutions. The Memorandum of Understanding between the Karachi Water and Sewage board and the China International Water and Electric Corporation, which strives to make Karachi self-sufficient in water supply, is one example of how deliberate international efforts can help the situation.

Water deficiency, and how Pakistan responds to it, has the propensity to shape the country significantly over the next several years and decades. Without any meaningful action, the future looks alarming. A growing population without the resources it needs to survive, let alone thrive economically, will throw the country into a period of instability that may be far worse than anything we see today.

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Pakistan’s New Big Threat Isn’t Terrorism—It’s Water

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Court: Chevron Can Seize Americans’ Email Data

Mother Jones

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Thanks to disclosures made by Edward Snowden, Americans have learned that their email records are not necessarily safe from the National Security Agency—but a new ruling shows that they’re not safe from big oil companies, either.

Last month, a federal court granted Chevron access to nine years of email metadata—which includes names, time stamps, and detailed location data and login info, but not content—belonging to activists, lawyers, and journalists who criticized the company for drilling in Ecuador and leaving behind a trail of toxic sludge and leaky pipelines. Since 1993, when the litigation began, Chevron has lost multiple appeals and has been ordered to pay plaintiffs from native communities about $19 billion to cover the cost of environmental damage. Chevron alleges that it is the victim of a mass extortion conspiracy, which is why the company is asking Google, Yahoo, and Microsoft, which owns Hotmail, to cough up the email data. When Lewis Kaplan, a federal judge in New York, granted the Microsoft subpoena last month, he ruled it didn’t violate the First Amendment because Americans weren’t among the people targeted.

Now Mother Jones has learned that the targeted accounts do include Americans—a revelation that calls the validity of the subpoena into question. The First Amendment protects the right to speak anonymously, and in cases involving Americans, courts have often quashed subpoenas seeking to discover the identities and locations of anonymous internet users. Earlier this year, a different federal judge quashed Chevron’s attempts to seize documents from Amazon Watch, one of the company’s most vocal critics. That judge said the subpoena was a violation of the group’s First Amendment rights. In this case, though, that same protection has not been extended to activists, journalists, and lawyers’ email metadata.

The Electronic Frontier Foundation (EFF) represents 40 of the targeted users—some of whom are members of the legal teams who represented the plaintiffs—and Nate Cardozo, an attorney for EFF, says that of the three targeted Hotmail users, at least one is American. Cardozo says that of the Yahoo and Gmail users, “many” are American.

“It’s appalling to me that the First Amendment has no bearing in this case, and that the judge simply assumed that all of the targets aren’t US citizens—when in fact, I am,” says a human rights activist from New York who has been advocating on behalf of the indigenous community, doing both volunteer and paid work, since 2005. He has never been sued by Chevron, nor been deposed. He wishes to remain anonymous—because his legal fight against the subpoena is still pending. The activist received a notice of the subpoena from Google last year (it has not been granted yet.) Chevron is seeking information including, but not limited to, the name associated with the account and where a user was every time he logged in—for the past nine years.

“Chevron is trying to crush, silence, and chill activism on behalf of the people they screwed over,” the activist argues. Michelle Harrison, an attorney for EarthRights International, tells Mother Jones that her clients aren’t comfortable going on record about the subpoenas they’ve received, because “Chevron’s dogged pursuit of anyone that dares speak out against them is regrettably having precisely the chilling effect we warned the court it would.”

Advocates for the plaintiffs in the Chevron case say that subpoenaing the email records is the company’s latest nuclear tactic to win a lawsuit it keeps losing. Chevron was ordered to pay $9 billion in damages in 2011 and to issue a public apology. After the company refused, a judge ordered the damages to double. The Supreme Court has declined to hear Chevron’s appeal. The extortion case is set to go to trial on October 15, after Kaplan—whom the Ecuadorean plaintiffs once asked to be removed from the case—refused to delay it.

Cardozo says there are 101 email addresses listed in the subpoenas to the three tech companies, but EFF has found only two that are owned by actual defendants in the lawsuit. “Subpoenas of nonparties are generally quite routine,” says Eugene Volokh, a professor at the University of California-Los Angeles School of Law. But Karl Manheim, a professor at the Loyola School of Law in Los Angeles, notes, “The parties seeking the info have to establish its relevance to the case; you can’t just go on a ‘fishing expedition’ or on a hunch.”

Julian Sanchez, a research fellow at CATO, says that “even assuming the account holders aren’t citizens, it doesn’t automatically follow that the First Amendment is irrelevant.” But he notes that while anonymous speech made by Americans is protected under the Constitution, “courts have been inconsistent in applying that protection against civil subpoenas aimed at identifying anonymous internet users.” In the case Dendrite International, Inc. v. Doe No. 3, for example, an appellate court held that a company was not allowed to unmask users who had criticized the company on a Yahoo message board.

Manheim says the judge’s invocation of citizenship is “wrong” in this case and the users should appeal. “The US Constitution applies to all persons (even foreign nationals) within US borders and to US persons abroad. While the targets of the subpoenas are outside of US jurisdiction, the subpoena itself is operative within the US. So the Constitution should apply.” (Chevron did not respond to request for comment.)

“I think if the NSA scandal has taught us anything, anyone who says that ‘it’s just metadata’ doesn’t know what metadata is—if I want to spend the night at my friend’s house and use his computer, that’s my business,” Cardozo says. “And if Judge Kaplan thinks seizing metadata is routine, he doesn’t know how powerful it can be.” The activist adds, “It’s a slippery slope. Once one thing is granted, it will only be easier to ask for more.”

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Court: Chevron Can Seize Americans’ Email Data

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Democratic Super-PAC Turns Up the Heat on Immigration Reform

Mother Jones

There’s no endgame yet for comprehensive immigration reform, but the lopsided reform ad wars, which are largely focused now on targeting House Republicans in Latino-heavy districts with Spanish-language TV and radio ads, may become central to securing a path to citizenship for the country’s 11 million undocumented immigrants. The House Majority PAC, a Democratic super-PAC, continued the ad wars on Thursday with a two-week, $175,000 ad buy targeting three lawmakers who have already faced considerable pressure from pro-reform groups. The Spanish-language TV ads take aim at…

Rep. Mike Coffman (R-Colo.): In 2009, Coffman took over the Colorado district formerly represented by Rep. Tom Tancredo, an anti-immigrant hardliner who once called the National Council of La Raza, a pro-reform group, a “Latino KKK without the hoods or the nooses.” Coffman has his own history that includes warning that President Obama would try to steal the 2012 election by giving amnesty to undocumented immigrants and supporting Arizona’s Draconian immigration laws that the Supreme Court partially struck down last year. But after a 2011 redistricting, Coffman’s Latino constituency doubled, and this February he said he supported legal status for undocumented immigrants and a path to citizenship for those brought into the country as minors.

Rep. Joe Heck (R-Nev.): Heck is one of just 15 House Republicans representing a district won by Obama in 2012. His district includes sizable Latino and Asian-American populations that have hammered him on immigration reform, but Heck also faces heavy pressure from the local Republicans opposed to reform who voted him into office. He’s tried to appease both groups, expressing openness to a path to citizenship while voting last month for Rep. Steve King’s (R-Iowa) amendment to deport undocumented immigrants brought into the country as children (Coffman also voted in favor). Recently, Heck’s kept a low profile—the National Journal explained how he uses his Army training to navigate the Capitol’s basement tunnels without being detected by reformers.

Rep. Gary Miller (R-Calif.): Miller represents a district that houses the Inland Empire, a metropolitan area east of Los Angeles that’s more than 40 percent Latino. During his eight terms in the House, he’s suggested deporting millions of undocumented immigrants, whom he’s frequently referred to as “illegals,” and opposed birthright citizenship. Like Coffman, Miller was recently redistricted and now represents many more immigrants, and there are signs he may also be softening his views. He recently purged several anti-immigration videos from his YouTube page, and his office is hedging on where he stands on reform. But Miller, too, voted for King’s deportation amendment last month.

“House Republicans are working on a step-by-step, common-sense approach to fix what has long been a broken system, and these three members in particular are working hard in their districts to listen to the voices of their constituents, especially within the Hispanic community,” Daniel Scarpinato, a National Republican Campaign Committee spokesman, told Politico in response to the ads. “Unfortunately, Democrats ignored the immigration issue when they controlled the House, and Republicans are cleaning up their mess.” Many Republican operatives see immigration reform as vital to the continued relevance of their party, but top Democrats—including President Obama—have made clear that anything less than a bill with a path to citizenship, which House GOP leadership has yet to embrace, is a non-starter.

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Democratic Super-PAC Turns Up the Heat on Immigration Reform

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Gang of 7 Planning to Offer New Immigration Compromise

Mother Jones

Greg Sargent has some details on a new bipartisan House plan that—maybe—has a chance of saving immigration reform. The key points appear to be:

Redefining the initial “provisional” legal status granted to undocumented immigrants as “probation.”
Lengthening the path to citizenship from 13 years to 15 years.
Setting a hard trigger that would revoke everyone’s probational status unless E-Verify is “fully operational” within five years.

That last one is the key, of course, and Sargent says he was “unable to determine who gets to say whether E-Verify is fully operational.” Nonetheless, getting E-Verify operational is a reasonably achievable goal, so this might be acceptable to liberals. Overall, though, this compromise is mostly aimed at conservatives:

Ultimately, what this is all about is finding a way for House Republicans to get to conference negotiations with a bill that includes a path to citizenship. There is no telling whether a majority of House Republicans can bring themselves to embrace the above outline. But the thinking among Dems on the gang of seven is that even if this framework is much more onerous than the Senate bill, it provides at least a chance that Republicans will end up supporting something with citizenship in it. And getting to conference with a package that includes citizenship is preferable to the alternative, because it increases the chances of a good bill at the end.

Stay tuned.

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Gang of 7 Planning to Offer New Immigration Compromise

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Pie Chart of the Day: Police Are Tracking You 24/7

Mother Jones

The ACLU reports today that routine tracking and storage of license plate information is becoming increasingly common:

License plate readers would pose few civil liberties risks if they only checked plates against hot lists and these hot lists were implemented soundly. But these systems are conï¬&#129;gured to store the photograph, the license plate number, and the date, time, and location where all vehicles are seen — not just the data of vehicles that generate hits. All of this information is being placed into databases, and is sometimes pooled into regional sharing systems.

….More and more cameras, longer retention periods, and widespread sharing allow law enforcement agents to assemble the individual puzzle pieces of where we have been over time into a single, high-resolution image of our lives. The knowledge that one is subject to constant monitoring can chill the exercise of our cherished rights to free speech and association. Databases of license plate reader information create opportunities for institutional abuse, such as using them to identify protest attendees merely because these individuals have exercised their First Amendment-protected right to free speech. If not properly secured, license plate reader databases open the door to abusive tracking, enabling anyone with access to pry into the lives of his boss, his ex-wife, or his romantic, political, or workplace rivals.

The chart on the right is for Maryland: for every million license plates read, only 47 were even tentatively associated with actual serious crimes.

As with NSA phone records, this is something we have to figure out as a society. These kinds of databases almost certainly help to catch bad guys. Nobody knows how much they help, but it’s probably nonzero. So is that worth it? Do we mind having government agencies track our public movements every minute of the day? Do we mind if they team up with the private sector to track our buying habits? Do we mind if they keep track of who we call, who we email, and who we send letters to? Do we seriously think that if we shrug our shoulders at this, that it won’t someday be abused on a massive scale?

I don’t. But I’m unsure of how my fellow citizens feel about this. Most of them don’t really seem to mind as long as they think it keeps them just a little bit safer.

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Pie Chart of the Day: Police Are Tracking You 24/7

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The US Surveillance State Dates Back to the 19th Century

Mother Jones

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This story first appeared on the TomDispatch website.

The American surveillance state is now an omnipresent reality, but its deep history is little known and its future little grasped. Edward Snowden’s leaked documents reveal that, in a post-9/11 state of war, the National Security Agency (NSA) was able to create a surveillance system that could secretly monitor the private communications of almost every American in the name of fighting foreign terrorists. The technology used is state of the art; the impulse, it turns out, is nothing new. For well over a century, what might be called “surveillance blowback” from America’s wars has ensured the creation of an ever more massive and omnipresent internal security and surveillance apparatus. Its future (though not ours) looks bright indeed.

In 1898, Washington occupied the Philippines and in the years that followed pacified its rebellious people, in part by fashioning the world’s first full-scale “surveillance state” in a colonial land. The illiberal lessons learned there then migrated homeward, providing the basis for constructing America’s earliest internal security and surveillance apparatus during World War I. A half-century later, as protests mounted during the Vietnam War, the FBI, building on the foundations of that old security structure, launched large-scale illegal counterintelligence operations to harass antiwar activists, while President Richard Nixon’s White House created its own surveillance apparatus to target its domestic enemies.

In the aftermath of those wars, however, reformers pushed back against secret surveillance. Republican privacy advocates abolished much of President Woodrow Wilson’s security apparatus during the 1920s, and Democratic liberals in Congress created the FISA courts in the 1970s in an attempt to prevent any recurrence of President Nixon’s illegal domestic wiretapping.

Today, as Washington withdraws troops from the Greater Middle East, a sophisticated intelligence apparatus built for the pacification of Afghanistan and Iraq has come home to help create a twenty-first century surveillance state of unprecedented scope. But the past pattern that once checked the rise of a US surveillance state seems to be breaking down. Despite talk about ending the war on terror one day, President Obama has left the historic pattern of partisan reforms far behind. In what has become a permanent state of “wartime” at home, the Obama administration is building upon the surveillance systems created in the Bush years to maintain US global dominion in peace or war through a strategic, ever-widening edge in information control. The White House shows no sign—nor does Congress—of cutting back on construction of a powerful, global Panopticon that can surveil domestic dissidents, track terrorists, manipulate allied nations, monitor rival powers, counter hostile cyber strikes, launch preemptive cyberattacks, and protect domestic communications.

Writing for TomDispatch four years ago during Obama’s first months in office, I suggested that the War on Terror has “proven remarkably effective in building a technological template that could be just a few tweaks away from creating a domestic surveillance state—with omnipresent cameras, deep data-mining, nano-second biometric identification, and drone aircraft patrolling ‘the homeland.'”

That prediction has become our present reality—and with stunning speed. Americans now live under the Argus-eyed gaze of a digital surveillance state, while increasing numbers of surveillance drones fill American skies. In addition, the NSA’s net now reaches far beyond our borders, sweeping up the personal messages of many millions of people worldwide and penetrating the confidential official communications of at least 30 allied nations. The past has indeed proven prologue. The future is now.

The Coming of the Information Revolution
The origins of this emerging global surveillance state date back over a century to “America’s first information revolution” for the management of textual, statistical, and analytical data—a set of innovations whose synergy created the technological capacity for mass surveillance.

Here’s a little litany of “progress” to ponder while on the road to today’s every-email-all-the-time version of surveillance.

Within just a few years, the union of Thomas A. Edison’s quadruplex telegraph with Philo Remington’s commercial typewriter, both inventions of 1874, allowed for the accurate transmission of textual data at the unequalled speed of 40 words per minute across America and around the world.

In the mid-1870s as well, librarian Melvil Dewey developed the “Dewey decimal system” to catalog the Amherst College Library, thereby inventing the “smart number” for the reliable encoding and rapid retrieval of limitless information.

The year after engineer Herman Hollerith patented the punch card (1889), the US Census Bureau adopted his Electrical Tabulating machine to count 62,622,250 Americans within weeks—a triumph that later led to the founding of International Business Machines, better known by its acronym IBM.

By 1900, all American cities were wired via the Gamewell Corporation’s innovative telegraphic communications, with over 900 municipal police and fire systems sending 41 million messages in a single year.

A Colonial Laboratory for the Surveillance State
On the eve of empire in 1898, however, the US government was still what scholar Stephen Skowronek has termed a “patchwork” state with a near-zero capacity for domestic security. That, of course, left ample room for the surveillance version of modernization, and it came with surprising speed after Washington conquered and colonized the Philippines.

Facing a decade of determined Filipino resistance, the US Army applied all those American information innovations—rapid telegraphy, photographic files, alpha-numeric coding, and Gamewell police communications—to the creation of a formidable, three-tier colonial security apparatus including the Manila Police, the Philippines Constabulary, and above all the Army’s Division of Military Information.

In early 1901, Captain Ralph Van Deman, later dubbed “the father of US Military Intelligence,” assumed command of this still embryonic division, the Army’s first field intelligence unit in its 100-year history. With a voracious appetite for raw data, Van Deman’s division compiled phenomenally detailed information on thousands of Filipino leaders, including their physical appearance, personal finances, landed property, political loyalties, and kinship networks.

Starting in 1901, the first US governor-general (and future president) William Howard Taft drafted draconian sedition legislation for the islands and established a 5,000-man strong Philippines Constabulary. In the process, he created a colonial surveillance state that ruled, in part, thanks to the agile control of information, releasing damning data about enemies while suppressing scandals about allies.

When the Associated Press’s Manila bureau chief reported critically on these policies, Taft’s allies dug up dirt on this would-be critic and dished it out to the New York press. On the other hand, the Division of Military Information compiled a scandalous report about the rising Filipino politician Manuel Quezon, alleging a premarital abortion by his future first lady. Quezon, however, served the Constabulary as a spy, so this document remained buried in US files, assuring his unchecked ascent to become the first president of the Philippines in 1935.

American Blueprint
During the US conquest of the Philippines, Mark Twain wrote an imagined history of twentieth-century America. In it, he predicted that a “lust for conquest” had already destroyed “the Great American Republic,” because “trampling upon the helpless abroad had taught her, by a natural process, to endure with apathy the like at home.” Indeed, just a decade after Twain wrote those prophetic words, colonial police methods came home to serve as a template for the creation of an American internal security apparatus in wartime.

After the US entered World War I in 1917 without an intelligence service of any sort, Colonel Van Deman brought his Philippine experience to bear, creating the US Army’s Military Intelligence Division (MID) and so laying the institutional foundations for a future internal security state.

In collaboration with the FBI, he also expanded the MID’s reach through a civilian auxiliary organization, the American Protective League, whose 350,000 citizen-operatives amassed more than a million pages of surveillance reports on German-Americans in just 14 months, arguably the world’s most intensive feat of domestic surveillance ever.

After the Armistice in 1918, Military Intelligence joined the FBI in two years of violent repression of the American left marked by the notorious Luster raids in New York City, J. Edgar Hoover’s “Palmer Raids” in cities across the northeast and the suppression of union strikes from New York City to Seattle.

When President Wilson left office in 1921, incoming Republican privacy advocates condemned his internal security regime as intrusive and abusive, forcing the Army and the FBI to cut their ties to patriotic vigilantes. In 1924, Attorney General Harlan Fiske Stone, worrying that “a secret police may become a menace to free government,” announced “the Bureau of Investigation is not concerned with political or other opinions of individuals.” Epitomizing the nation’s retreat from surveillance, Secretary of War Henry Stimson closed the Military Intelligence cipher section in 1929, saying famously, “Gentlemen do not read each other’s mail.”

After retiring at the rank of major general that same year, Van Deman and his wife continued from their home in San Diego to coordinate an informal intelligence exchange system, compiling files on 250,000 suspected “subversives.” They also took reports from classified government files and slipped them to citizen anti-communist groups for blacklisting. In the 1950 elections, for instance, Representative Richard Nixon reportedly used Van Deman’s files to circulate “pink sheets” at rallies denouncing California Congresswoman Helen Gahagan Douglas, his opponent in a campaign for a Senate seat, launching a victorious Nixon on the path to the presidency.

From retirement, Van Deman, in league with FBI Director J. Edgar Hoover, also proved crucial at a 1940 closed-door conference that awarded the FBI control over domestic counterintelligence. The Army’s Military Intelligence, and its successors, the CIA and NSA, were restricted to foreign espionage, a division of tasks that would hold, at least in principle, until the post-9/11 years. So armed, during World War II the FBI used warrantless wiretaps, “black bag” break-ins, and surreptitious mail opening to track suspects, while mobilizing more than 300,000 informers to secure defense plants against wartime threats that ultimately proved “negligible.”

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Sen. Schumer’s Bright Idea: Ray Kelly for DHS Secretary

Mother Jones

Sen. Chuck Schumer (D-N.Y.) raised some eyebrows on Friday when he suggested that Ray Kelly, the controversial New York Police Department commissioner, should be the next secretary of the Department of Homeland Security. DHS “is one of the most important agencies in the federal government,” Schumer said in a statement, responding to the news that the agency’s current head, Janet Napolitano, would step down in September to run the University of California system. “Its leader needs to be someone who knows law enforcement, understands anti-terrorism efforts, and is a top-notch administrator, and at the NYPD, Ray Kelly has proven that he excels in all three.”

Immigration reform groups cheered the news of the impending departure of Napolitano, who has presided over the Obama administration’s unprecedented levels of deportations of undocumented immigrants. “She will go into the halls of history as President Obama’s go to person for implementing the most repressive anti-Latino and anti-immigrant policies our nation has ever seen,” Presente.org, an immigration reform group that has harshly criticized the Senate immigration bill’s severe border enforcement measures, said in a statement. “This also presents an important opportunity for the Obama Administration to institute humane policies and stop the senseless deportations and separation of families once and for all.”

But Kelly, who has led the NYPD’s stop-and-frisk racial profiling program and its widespread spying on American Muslims, doesn’t exactly have a clean record when it comes to the humane treatment of minorities.

“The nomination of Ray Kelly would raise immediate questions about his commitment to immigrant rights,” says Arturo Carmona, Presente.org’s executive director. “He has a spotty record at best in New York as the lead proponent for the racial profiling policy of ‘stop, question, and frisk’ which the Justice Department is currently suing the NYPD over.”

The NYPD has been accused of systematically targeting Latinos and African Americans, charging hundreds of thousands with misdemeanor charges including pot possession, since Kelly’s latest tenure as commissioner that began in 2002. The NYPD under Kelly’s watch has also dealt with controversies involving its treatment of Latino officers. Anthony Miranda, chairman of the National Latino Officers Association, calls Schumer’s endorsement “irresponsible.” “I think his recommendation is ill-placed considering the lack of confidence people here in New York have had with Ray Kelly, especially minorities,” Miranda says. He points specifically to the department’s controversial English-only policy, under which at least nine officers have been reprimanded for speaking Spanish and which Latinos on the force say has created a hostile work environment. (A rival group, the NYPD Hispanic Society, has praised Kelly’s treatment of Hispanics on the force.)

Talks about Napolitano’s successor, of course, are speculative at this point. But Kelly’s name has been floated occasionally as a potential DHS nominee since President Obama was first elected in 2008. And the endorsement from Schumer, who led the bipartisan Gang of Eight’s efforts with Sen. John McCain (R-Ariz.) to pass immigration reform in the Senate, adds a degree of credibility.

A Kelly nomination might have an upside for immigration reformers, too. Frank Sharry, executive director of America’s Voice, says that a big-city police chief experienced with reaching out to immigrant communities might be what is needed to “challenge the culture of impunity” within the DHS’s immigration enforcement agencies and their cultures that he says have “little respect for human rights.” Kelly has criticized the Obama administration’s deportation policy, out of concern that it would make undocumented immigrants less likely to approach police to report crimes. And Republicans who have opposed reform by claiming that Napolitano would not enforce so-called triggers that, in the Senate bill, would require border security measures to be fully implemented before immigrants could complete their paths to citizenship, would have a harder time arguing that Kelly would be soft on enforcement.

Still, advocates of immigration reform have plenty of reason to question Schumer’s endorsement.

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Sen. Schumer’s Bright Idea: Ray Kelly for DHS Secretary

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"The Bridge": A Serial Killer Drama That’s Also About Immigration Politics, Corruption, and Human Trafficking

Mother Jones

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If you’ve heard of The Bridge, chances are good that you’ve heard it favorably compared to two cable-TV powerhouses: The Wire and Homeland. Given the fact that both are critical darlings—and that the former is frequently heralded as the greatest thing to ever happen on TV—this likely puts a hunk of pressure on creators Meredith Stiehm and Elwood Reid. (Stiehm is herself an alumnus of the Homeland writers’ room.) But if The Bridge‘s first three episodes are any indication, it might just have a shot at measuring up.

The new series (premiering Wednesday, July 10 at 10 p.m. ET/PT on FX) is a loose adaptation of the eponymous Danish/Swedish cop drama, which revolves around the murders of a Swedish politician and a Danish prostitute, and the subsequent murders. The cross-border premise was intriguing enough to warrant an upcoming British/French version, as well. The American incarnation kicks off at the Bridge of the Americas, a border crossing between Ciudad Juárez, Mexico and El Paso, Texas, where the remains of a controversial, anti-immigration American judge and a Mexican prostitute have been dumped. El Paso detective Sonya Cross (the reliably awesome Diane Kruger) and Chihuahua state police officer Marco Ruiz (the Oscar-nominated Demián Bichir) arrive on the scene to find the body parts literally straddling the painted border line. As the body count rises, and a mysterious man takes responsibility for the slayings, the detectives find themselves working closely together, in both jurisdictions. Ruiz is the troubled family man resisting the temptations of drug-cartel bribery, and Cross is the by-the-book hard case with Asperger’s. She is attentively watched over by her boss, Lt. Hank Wade (Ted Levine, who has a fair share of experience with detective shows and serial killers).

What may at first sound like another tired, gritty, and gimmicky police procedural briskly evolves into something sprawling and timely. The series examines the real-world problems of Juárez—an area where the drug war and killing is so bad that local businesses demand UN peacekeeping forces. The show offers a panorama of law enforcement officers, journalists, immigrants, drug lords, and ordinary citizens whose lives collide during the murder spree. And the butcher at the center of all this is a (supposedly) high-minded serial killer who uses slaughter to make social and political points: Will well-off American society pay more attention to the daily horrors south of the border if he brings that reality to the nation’s doorstep?

The Bridge unfolds as an intense, thoughtful look at human trafficking, drug cartels, police corruption, immigration, poverty, and border tensions—all wrapped up nicely in the form of a buddy-cop show.

Check out this TV spot for the new series:

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"The Bridge": A Serial Killer Drama That’s Also About Immigration Politics, Corruption, and Human Trafficking

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The State of Immigration Reform in the House: "Who the Hell Knows"

Mother Jones

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The immigration reform debate has heated up again this week on Capitol Hill, but a flurry of activity in the House on Wednesday ended with no clear path forward for comprehensive reform. In the words of Rep. Raul Grijalva (D-Ariz.), a member of the Congressional Hispanic Caucus and co-chair of the Congressional Border Caucus, “Who the hell knows what’s going to come out of the House?”

This morning Grijalva and other members of the Congressional Hispanic Caucus, all Democrats, met with President Obama at the White House to discuss reform. Later in the day, Nancy Pelosi (D-Calif.), the House minority leader, held a press conference with four members of the Congressional Border Caucus, including Grijalva, who voiced their concerns about the Senate bill’s $40 billion-plus border security measures and urged a more humanitarian approach. Meanwhile, from Dallas, former president George W. Bush, whose own immigration reform efforts fell short in 2007, urged Congress to reach a “positive resolution.” But the day’s most-anticipated event was a closed-door meeting of House Republicans who are unlikely to heed the ex-president’s advice.

Republicans emerging from Wednesday’s meeting indicated that they still plan to take a piecemeal approach, passing a series of law enforcement-centric bills through committees rather than a comprehensive bill mirroring the Senate’s. “Today House Republicans affirmed that rather than take up the flawed legislation rushed through the Senate, House committees will continue their work on a step-by-step, common-sense approach to fixing what has long been a broken system,” Rep. John Boehner (R-Ohio), the House speaker, said in a joint statement with other Republican leaders. (The House’s bipartisan “Group of Seven,” which includes three Republicans, has been working on a comprehensive bill but has yet to unveil it after a series of delays.)

Rep. Bob Goodlatte (R-Va.), who chairs the House Judiciary Committee, told reporters that Republicans remained concerned that the Senate bill’s border security measures don’t go far enough because they would not have to be implemented before up to 11 million undocumented immigrants are granted provisional legal status. As the Senate bill stands, Goodlatte said, Republicans worry that President Obama could unilaterally delay border security measures in a manner similar to his decision last week to delay the Affordable Care Act’s employer mandates. But any efforts to further restrict their path to citizenship could be a deal-breaker for Democrats, many of whom think the Senate bill is already too conservative and have decried such proposals as “poison pills.”

On Wednesday morning, before Obama’s meeting with the Congressional Hispanic Caucus, the White House released a report playing up the Senate bill’s economic benefits. Grijalva kept the details of the White House meeting under wraps at Pelosi’s press conference. “We all had an understanding with the president that the consequences of much of the very honest and blunt discussion was going to stay private,” he said.

Rep. Filemon Vela (D-Texas), who resigned from the CHC last week in protest of its support for the Senate immigration bill despite the border security measures, was also at the press conference but did not attend the White House meeting. Asked if Vela’s resignation was a sign of further splintering to come on the left, Grijalva said simply, “No.”

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The State of Immigration Reform in the House: "Who the Hell Knows"

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Government doesn’t know exact route of Keystone XL

Government doesn’t know exact route of Keystone XL

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You might think that one would need to know the precise route of a huge planned pipeline in order to assess its environmental impacts. But the State Department apparently disagrees.

Thomas Bachand has been trying to find out the precise route of Keystone XL for his Keystone Mapping Project. When he submitted a Freedom of Information Act request to the State Department, which is responsible for assessing Keystone, it responded with a big shrug of the shoulders. From the department’s June 24 letter to Bachand:

[T]he Department does not have copies of records responsive to your request because the Environmental Impact Statement for the Keystone pipeline project was created by Cardno ENTRIX under a contract financed by TransCanada Keystone Pipeline LP, and not the U.S. government.

Neither Cardno ENTRIX nor TransCanada ever submitted GIS information to the Department of State, nor was either corporation required to do so. The information that you request, if it exists, is therefore neither physically nor constructively under the control of the Department of State and we are therefore unable to comply with your FOIA request.

DeSmogBlog lists some of the important questions left unanswered because we lack the specific route info:

Where will KXL intersect rivers or cross ponds that provide drinking water? What prized hunting grounds and fishing holes might be ruined by a spill? How can communities prepare for possible incidents?

This isn’t the first time Bachand has been blocked in his efforts to map the proposed pipeline. From his blog:

Last year when I requested the data from TransCanada, I was told that releasing it would be a “national security risk.” Despite this, TransCanada only carries $200 million in third party liability insurance. By contrast, cleanup costs for the 2010 pipeline spill in Kalamazoo, Michigan are $1 billion and climbing.

How very thoughtful of TransCanada to be concerned about risks.

John Upton is a science fan and green news boffin who tweets, posts articles to Facebook, and blogs about ecology. He welcomes reader questions, tips, and incoherent rants: johnupton@gmail.com.

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Government doesn’t know exact route of Keystone XL

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