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Bribery trial reveals Jeff Sessions’ role in blocking EPA action targeting major donor

This story was originally published by Mother Jones and is reproduced here as part of the Climate Desk collaboration.

When a coal executive and two lawyers stood trial in Alabama last month for bribery and related crimes, it was clear from the start that things might get uncomfortable for Jeff Sessions. The attorney general’s name, after all, appeared on a list of possible witnesses.

Though he was never called to the stand, detailed references to Sessions and key members of his staff thread their way through the record of the four-week trial, which concluded on July 20 when David Roberson, vice president of Drummond Coal, and Joel Gilbert, a partner in the Birmingham-based law firm Balch & Bingham, were found guilty of paying off an Alabama lawmaker to oppose a federal environmental cleanup effort that could have cost Drummond millions. (The judge dismissed the charges against a second Balch lawyer, Steve McKinney.)

Sessions has long had close ties to Balch and Drummond — the companies respectively ranked as his second- and third-biggest contributors during his Senate career, collectively donating nearly a quarter of a million dollars to his campaigns. And as Mother Jones and the Project on Government Oversight have previously reported, then-Senator Sessions directly intervened with the Environmental Protection Agency to block the cleanup at the center of the federal bribery case.

Upon becoming attorney general, Sessions had a glaring conflict of interest in a criminal prosecution that he was technically overseeing as the nation’s top law enforcement official. Yet despite questions from Senator Patrick Leahy, D-Vermont,  and others, he repeatedly refused to say whether he had recused himself from the matter. His silence seems even more questionable given evidence introduced as part of the case.

Billing statements, meeting minutes, and other records briefly made public during the trial — and quickly placed under seal by the judge presiding over the case, but not before Alabama columnist Kyle Whitmire saved copies — reveal that Sessions and his Senate staff coordinated more closely with the defendants than previously known. The documents indicate extensive contact on the EPA action between Sessions’ office and Roberson, Gilbert, and McKinney, including at least 13 phone calls and two in-person meetings in Washington, D.C. And they show that Drummond’s attorneys at Balch & Bingham coached Sessions’ staff on how to attack the EPA’s position and that Sessions’ staff reported back to the lawyers about their interactions with the agency.

The backdrop for the bribery case is North Birmingham’s 35th Avenue neighborhood — an impoverished, largely black enclave sandwiched between the city’s airport and various industrial sites, including a Drummond plant. For years, residents have reported unusually high levels of cancer and respiratory illness, and they have complained about the dark soot that coats their homes. In 2013, the EPA found such high levels of toxins in the area that it designated a 400-acre section of the neighborhood a Superfund site; federal health authorities warned parents not to allow their children to play outside in their own yards. The EPA determined that Drummond was one of the companies potentially responsible for the pollution, and thus possibly on the hook for some of the cleanup costs.

When, in 2014, EPA officials tried to elevate the neighborhood to the National Priorities List — a select group of highly polluted sites picked for accelerated and more extensive cleanups — they hit a brick wall of resistance from Alabama’s mostly Republican political establishment. But to the surprise of EPA officials, a local Democratic state lawmaker, Oliver Robinson, also joined the opposition, sending a February 2015 letter to Alabama environmental authorities decrying the EPA effort.

It would later turn out that this letter was ghostwritten by Balch & Bingham’s Joel Gilbert, who, on behalf of Drummond, was funneling money to Robinson’s personal foundation in order to secure the lawmaker’s cooperation in blocking the EPA cleanup. Last summer, Robinson pleaded guilty to accepting $360,000 in bribes. He then began cooperating with prosecutors as they built their case against the Drummond and Balch officials he said were at the heart of it: Roberson, Gilbert, and McKinney (lawyers for all three men declined to comment for this article.)

Like Robinson, Sessions also sent a letter ghostwritten by Balch lawyers, this one to the EPA. Records released during the trial shed light on how this letter, sent a year after Robinson’s, came to be, as well as the extensive actions Sessions took on behalf of his top political donors to thwart EPA action in North Birmingham. Sessions’ office did not respond to requests for comment on this story.

On Feb. 4, 2015, Balch lawyers convened to discuss their plan to derail the 35th Avenue site’s inclusion on the National Priorities List. According to notes of that meeting released at trial, Balch had prepared a draft “letter but no signatures” for Alabama’s congressional delegation that disputed the methods the EPA had used to determine responsibility for the pollution (and thus potential liability for the cleanup). The Balch meeting notes list a Sessions staffer named Brandon Middleton as the only lobbying contact for Alabama’s congressional delegation on the matter. The day after the meeting, internal Balch records show that Gilbert reached out to Sessions’ office. And they note that on Feb. 18, McKinney spoke with Middleton “regarding North Birmingham.”

The next month, Drummond and Balch’s political action committees contributed a combined $10,000 to a political action committee controlled by Sessions — and run in part by a former Sessions staffer named Ed Haden,who is now a senior partner at Balch.

During the rest of 2015 and into early 2016, Sessions staffers communicated extensively with representatives of Balch and Drummond over the letter, sending drafts back and forth. On September 15, 2015, Drummond’s Roberson and Balch’s Gilbert flew from Birmingham to Washington, D.C., for meetings with staffers for Sessions, Sen. Richard Shelby (R-Alabama), and Rep. Gary Palmer (R-Alabama). In an “Environmental Update” subsequently posted on Balch & Bingham’s website (and since removed), the firm said its attorneys “met with Senator Jeff Sessions” and predicted that a letter issued “shortly” from “key members of the Alabama congressional delegation” would make the case for opposing the effort to make Drummond and other companies pay for cleaning up the polluted site in Birmingham. Two months later, on Feb. 26, 2016, Middleton delivered a letter signed by Sessions, Shelby, and Palmer to the EPA. The letter also summoned top EPA officials to a meeting “to discuss the concerns.”

“Any information given to Senator Shelby’s office would have been one of many tools used to help inform the senator,” said a spokesperson. Palmer’s office did not respond to questions.

After the letter was delivered, Sessions’ office continued to work in close coordination with the Balch attorneys at the center of the bribery case to aggressively undermine the possibility of a cleanup. In March 2016, the EPA responded to Sessions’ letter, expressing disagreement but offering to meet. According to an email obtained through the Freedom of Information Act, Middleton told an EPA official that he was “waiting to hear back from our folks and boss on how they’d like to approach meeting.” But Sessions’ staffers weren’t just looking for feedback from Sessions. Balch records show that over the course of several months, Balch attorneys and Middleton exchanged emails and spoke over the phone about how to deal with the EPA’s response and prepare for the meeting with EPA officials.

Meanwhile, Balch’s political action committee continued contributing to Sessions’ campaign coffers. On June 30, 2016, Balch donated $1,000 to Sessions’ political action committee. That day, according to another email obtained under FOIA, Middleton sent the EPA a message setting the agenda for a July 7 sit-down in Sessions’ office to discuss why the proposed Birmingham cleanup should not go forward.

The day before the meeting, McKinney met Sessions staffers to prep them, according to the firm’s billing records.

On July 7, two high-level EPA officials met with members of Sessions’ staff, who grilled them on the Birmingham cleanup and attacked the methods the agency had used to measure toxins in the neighborhood. Sessions himself was scheduled to attend, but at the last minute he backed out to spend the day with then-candidate Donald Trump, who had decided to make a round of visits to Republican senators on Capitol Hill.

One of the EPA officials who attended the meeting told Mother Jones that he was surprised by the stridency with which Sessions staffers opposed the EPA’s actions in North Birmingham, especially considering the situation on the ground. “For residents, there was an immediate threat,”said Mathy Stanislaus, who was then an assistant EPA administrator, but “the public health risk didn’t seem to be a prominent concern from those who opposed it.”

During his confirmation process to become attorney general, Sessions was asked how he would handle an investigation involving campaign donors. Sessions said he would consult with Justice Department ethics officials on any investigation where a possible conflict might exist, but his office has repeatedly refused to discuss whether he insulated himself from the Drummond bribery case.

And he isn’t the only Justice Department official linked to matters involving the 35th Avenue Superfund site. When Sessions became attorney general, he installed in key positions at least two people involved in the conversations his office had on the subject. Among them was Brandon Middleton, who served as the liaison between Sessions’ office and the Balch lawyers working to undermine the 35th Avenue cleanup. Sessions appointed Middleton as a top deputy in the Justice Department’s environmental and natural resources division — the office responsible for bringing cases against corporate polluters, such as Drummond, to force them to fund environmental remediation. (Middleton has since moved on to a position at the Interior Department.) And Sessions named Jeff Wood, a Balch & Bingham partner who was part of the firm’s 35th Avenue lobbying effort, to the top job in that division. (Wood recused himself from the matter.) Middleton and a spokesman for Wood did not respond to questions.

With the convictions of Gilbert and Roberson, the lead prosecutor in the case claimed victory for the people of North Birmingham. “We’re happy for the citizens of Birmingham that someone is finally speaking on their behalf,” prosecutor George Martin told reporters after the trial ended. “This is a righteous verdict.”

Balch’s managing partner Stan Blanton said in statement, “Although our firm was not a party to the case, I and the rest of our partners, associates and staff are deeply disappointed in any conduct that does not adhere to our commitment to the rule of law and to the communities in which we are fortunate to live and work.” Yet Drummond blamed Balch for Roberson’s legal troubles. “We consider David to be a man of integrity who would not knowingly engage in wrongdoing,” according to a company statement, “When an environmentalist group raised allegations regarding our operations in the Birmingham area, Drummond responded by hiring one of Alabama’s most well-respected environmental law firms … We were assured the firm’s community outreach efforts on our behalf were legal and proper.”

If anything, what the trial exposed was just how intricate the ties were between powerful corporate interests such as Drummond and Balch and members of the Alabama political establishment, notably Sessions.

If justice was delivered for North Birmingham, it still may not feel that way to the people who continue to live there. Roberson and Gilbert may have been convicted on bribery charges, but the plan they carried out has worked so far. With the help of Sessions and other Alabama lawmakers, they blocked the EPA from mounting a large-scale cleanup — and Drummond has yet to pay a dime for any role it might have played in turning an impoverished neighborhood into a Superfund site.

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Bribery trial reveals Jeff Sessions’ role in blocking EPA action targeting major donor

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I Talked to a Man on Alabama’s Death Row. The State Plans to Kill Him Tonight.

Mother Jones

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Alabama has been trying to put Thomas Arthur to death for more than 30 years. The 75-year-old inmate, who has consistently maintained his innocence for a 1982 murder, has had three trials and survived seven execution dates since 2001. On Thursday, Alabama will attempt to execute him again.

“I didn’t have anything to do with this,” he tells Mother Jones from the Holman Correctional Facility, where Alabama houses most of those on death row. “I gave ’em hair and spit and everything…and they found nothing.”

I spoke with Arthur the week he is scheduled to die. His lawyers arranged for a 30-minute phone conversation to give him a chance to tell his story, maybe for the last time. He spoke rapidly, stumbling over some sentences in a rich Southern accent that sometimes blurred the clarity of his words. But there was no lack of clarity in his reflections of what it has been like to be one of the first inmates sent to death row in Alabama—after the practice was reinstated after a 1976 landmark Supreme Court ruling—and to live there for 34 years.

During that time, his health has deteriorated, and he has stood by while 58 other inmates were executed. Holman, like many of Alabama’s prisons, became overcrowded and crumbling and was the scene of a riot in 2016. He has watched the methods of execution change, from the electric chair to midazolam, a controversial drug that will be used on him, despite efforts his lawyers have made to convince the courts that given his heart condition, the drug might not be effective and would likely cause undue suffering. He has also had a lengthy education in the criminal justice system from three different trials and the seven times he believed he would die, only to have his execution postponed. At this point, Arthur still hopes for DNA evidence to prove his innocence. “If they just let my lawyers in a courtroom,” he says, “we wouldn’t be at this juncture.”

Arthur’s journey to death row began on February 1, 1982, when Troy Wicker was shot and killed in his bed in the northwest Alabama city of Muscle Shoals. On the day of the murder, his wife, Judy Wicker, told police that she came home after taking her children to school to find a black man in her home. She claimed that the intruder raped her, knocked her unconscious, and shot her husband. Police found bullets but no murder weapon. Wicker went to the hospital and her rape kit was subsequently lost.

Judy was a suburban mom and Arthur was a convicted criminal—he was serving time for having shot and killed his common-law wife’s sister in 1977. “When I took her life, alcohol was a factor,” he says. “I shouldn’t have shot that girl.” Arthur had been given a life sentence, but after just four years he was participating in a prison work-release program, where an inmate is let out of the prison facility during the day for employment and trusted to return to prison in the evening. That’s when Judy Wicker and Thomas Arthur began having an affair.

Police didn’t find Wicker’s description of the circumstances of her husband’s death credible and charged her with murder-for-hire. They also arrested Arthur and charged him with aggravated murder. At her 1982 trial, where Wicker testified that Arthur was not involved in the murder, she was given a life sentence. At a separate 1983 trial, prosecutors argued Arthur shot and killed Wicker for $10,000—part of the life insurance Wicker received upon her husband’s death. Despite his incriminating record, Arthur insisted he had nothing to do with this crime. Nonetheless, he was convicted, sentenced to death, and taken to Holman Correctional facility.

The Holman Correctional Facility is nearly 50 years old and located in rural Escambia County. On death row, the cells are tiny. “We’re, like, sandwiched in here,” Arthur says. “I live in a cell you can’t put a baboon in.” A heart condition prevents him from exercising or spending time in the yard like other death row inmates do. “I’m in here 24 hours a day. Been like that for 10 years.” He spends most of his days watching the news and daytime soap operas—Days of our Lives, for instance, and the Young and the Restless—on the TV that his lawyers bought for him in 2003. In its last session, the Alabama Legislature took up a bill to build up to four new state prisons by borrowing up to $800 million. “We got toilet water running down the walls all over death row,” Arthur claims. “They want to spend $800 million for new prisons when they could spend $200 million to fix the ones they already have!” he says incredulously.

Arthur was granted a retrial after his first conviction was overturned because details of his previous murder conviction were introduced in the trial. In 1986, while awaiting retrial, Arthur was held in a county jail. He escaped after shooting a jail official in the neck, but the guard survived. Arthur got as far as Knoxville, Tennessee, where FBI agents found him a month later after he robbed a bank. The following year, he was convicted and sentenced to death again.

His second conviction was overturned on appeal because in 1982 Arthur was interviewed by an investigator without an attorney present. He was granted yet another trial. According to Amnesty International, an international human rights organization that is against the death penalty, it was then that the prosecutor asked the state’s parole board if Judy Wicker could get an early release if she testified against Arthur. At the 1991 retrial, Wicker changed her story, implicating Arthur in the murder. She was paroled a year later, after serving just 10 years in prison.

In Furman v. Georgia, in 1972, the US Supreme Court ruled in a 5-4 decision that capital punishment was unconstitutional, halting executions nationwide. Four years later, the high court reversed course in Gregg v. Georgia and ruled that the death penalty was not cruel and unusual punishment.

The first time Alabama tried to put Arthur to death was in 2001, but he received a stay two days before the scheduled execution date so federal courts could hear challenges concerning the fact that he had no representation when his first execution date was set. This began a period of execution dates and stays of execution. After several legal challenges were dismissed, Alabama set another execution date for Arthur in September 2007. Once more he prepared himself to be executed, but he was spared when the state itself requested a 45-day reprieve in order to change its drug protocol for lethal injections. Around this time, various inmates had challenged lethal injection protocols in their states. A few months later, in December 2007, Arthur received another stay from the US Supreme Court because it was considering a challenge in Kentucky over a very similar lethal injection protocol. His fourth execution date was planned for 2008.

Then an inmate, Bobby Ray Gilbert, at another Alabama prison, confessed to the crime. Arthur filed a petition claiming innocence, and the execution was stayed so the court could hold a limited hearing. No physical evidence linked Gilbert to the crime, and the court concluded Gilbert was lying to protect Arthur. Prosecutors have long held that Troy Wicker’s killer wore a wig, but none of Arthur’s DNA was on that wig or on the clothes Judy Wicker wore on the day of the murder. “I am totally innocent,” Arthur insists. “And DNA could prove it.”

Until 2002, Alabama used the electric chair to execute inmates. “You could smell them,” Arthur says about the inmates being executed. “You could actually smell the flesh burning.” His next two scheduled executions in 2012 and 2015 were stayed because of Arthur’s challenges to the state’s drug protocol, which included the sedative, pentobarbital. But then came the introduction of the controversial sedative midazolam for executions. After multiple states faced a shortage of lethal injection drugs, Alabama began using midazolam early last year with the execution of Christopher Brooks in January. Nearly a year later, in December 2016, the state executed Ronald Bert Smith Jr. After administering the drug, Smith reportedly struggled for breath, coughed, heaved and clenched his left fist for 13 minutes.

Arthur’s seventh execution date was scheduled for November 3, 2016. His case claiming the lethal injection protocol used by the state could cause excruciating pain was dismissed by the federal court. Despite the widespread acceptance that lethal injection is humane, there is no scientific research to prove it.

Under the 2015 Supreme Court case Glossip v. Gross, the usage of midazolam does not violate the Eighth Amendment, which prohibits cruel and unusual punishment and rules that states must have a ready and available alternative if one form of execution falls into that category. In his appeal, Arthur proposed the use of firing squad. The court dismissed his case, saying that since Alabama law does not expressly allow firing squads, it was not a viable alternative.

That night, the Supreme Court granted a stay pending a review of his claims. But in February, it declined to hear his appeal. In an 18-page dissent, Justice Sonia Sotomayor said the use of midazolam could lead to “prolonged torture” of inmates. “Condemned prisoners, like Arthur, might find more dignity in an instantaneous death,” she wrote, “rather than prolonged torture on a medical gurney.”

In April, Arthur’s lawyers wrote to Alabama Gov. Kay Ivey in hopes of getting further DNA testing. His counsel noted that more advanced technology was available and they would assume the costs of the test. Ivey turned down their request. A few weeks later, Arthur sent a handwritten note asking Ivey to spare his life. “Please do not let me die for a crime I did not commit,” he wrote.

The decades of confinement have taken a toll on him. “One time I was a halfway decent looking fellow,” he says with a laugh. “Now, I look like I’ve been hit by a truck.”

And now, as he faces his next and likely final execution date, Arthur says ruefully, “I laugh to keep from crying.” But he is troubled about the life he lost, how his four children never truly had a father, and how much he regrets not being there for them. “I want to publicly apologize in case they do kill me,” he says. “I want the public to know that I failed them as a father.” He also has no interest in the usual formalities accompanying executions in America. “I’m not going to the eat the last meal, which would come at taxpayer expense,” he says.

What is it like to face death so many times? “It’s the same thing every time,” he says with a sigh. “Everyone has a fear of dying…but the state of Alabama is going to—and I don’t use this word lightly—murder me for something I didn’t do.”

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I Talked to a Man on Alabama’s Death Row. The State Plans to Kill Him Tonight.

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Here’s one way GMOs aren’t beating evolution

Here’s one way GMOs aren’t beating evolution

By on May 24, 2016Share

There’s a smart piece in Nature about the limitations of genetic engineering in creating more efficient crops. It’s the story of old methods trumping the new. Whether it’s radio, vinyl records, or books, we see over and over again that older technologies fill a vital role in the modern world. Likewise, plant breeders working with traditional techniques “are overtaking agricultural-biotechnology companies that have invested years of work in tests with GM crops,” writes Natasha Gilbert.

Gilbert is focused on the breeding of nutrient-efficient crops — plants that can thrive with less fertilizer. In this competition, genetic engineers are squaring off against evolution and losing. There’s already an evolutionary incentive for plants to be efficient. If one plant survives in poor soil where others cannot, that plant will be more successful at spreading its DNA. So, for millions of years, evolution has already been working on the same task. Often the solutions are already out there. It’s just a matter of finding the right traits in the wild or in the plant’s genome.

Certain kinds of genetic engineering, especially small-scale gene editing, can still be useful in breeding nutrient-efficient crops. But GMOs are much more likely to be useful in areas where evolution hasn’t already been able to tackle the problem, like moving disease resistance between banana varieties that no longer reproduce sexually and therefore can’t exchange genes.

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Here’s one way GMOs aren’t beating evolution

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