Tag Archives: justice

California’s drought causes a lot more pain than brown lawns and empty swimming pools.

The Center for American Progress, a liberal think tank, released a report Tuesday morning that adds up the many ways in which the incoming Trump administration could enrich the world’s largest oil company.

The report comes a day before Rex Tillerson, Exxon’s former CEO, starts his nomination hearing to be President-elect Trump’s secretary of state.

In that role, Tillerson could do a lot for his former employer. The oil giant has massive holdings in foreign oil reserves and remains one of the biggest investors in the Canadian tar sands, with rights worth around $277 billion at current prices.

As it happens, the State Department is responsible for approving the fossil fuel infrastructure that could bring Canadian tar sands oil to the U.Smarket. Remember the Keystone XL pipeline? It could come back from the dead and get approved by Tillerson.

Tillerson could also undo sanctions on Russia that have blocked Exxon’s projects there, including a deal with Rosneft, the Russian state oil company, worth roughly $500 billion.

And then there are the Trump administration’s domestic plans to lift every restriction on extracting oil from public lands and offshore. The CAP report also figures that Trump’s Department of Justice is unlikely to investigate Exxon’s effort to mislead the public about climate change. Tally all the benefits and you get nearly $1 trillion.

So who was the biggest winner of the November election? According to the CAP report, ExxonMobil.

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California’s drought causes a lot more pain than brown lawns and empty swimming pools.

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ExxonMobil could reap as much as $1 trillion under Trump, report says.

The Center for American Progress, a liberal think tank, released a report Tuesday morning that adds up the many ways in which the incoming Trump administration could enrich the world’s largest oil company.

The report comes a day before Rex Tillerson, Exxon’s former CEO, starts his nomination hearing to be President-elect Trump’s secretary of state.

In that role, Tillerson could do a lot for his former employer. The oil giant has massive holdings in foreign oil reserves and remains one of the biggest investors in the Canadian tar sands, with rights worth around $277 billion at current prices.

As it happens, the State Department is responsible for approving the fossil fuel infrastructure that could bring Canadian tar sands oil to the U.Smarket. Remember the Keystone XL pipeline? It could come back from the dead and get approved by Tillerson.

Tillerson could also undo sanctions on Russia that have blocked Exxon’s projects there, including a deal with Rosneft, the Russian state oil company, worth roughly $500 billion.

And then there are the Trump administration’s domestic plans to lift every restriction on extracting oil from public lands and offshore. The CAP report also figures that Trump’s Department of Justice is unlikely to investigate Exxon’s effort to mislead the public about climate change. Tally all the benefits and you get nearly $1 trillion.

So who was the biggest winner of the November election? According to the CAP report, ExxonMobil.

Taken from:

ExxonMobil could reap as much as $1 trillion under Trump, report says.

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Why Tom Perez Is a Strong Competitor Against Keith Ellison in the Democratic Party Race

Mother Jones

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Progressive Democrats gazing upon the fight for the leadership of their party ought to be delighted. The two leading candidates for chair of the Democratic National Committee—Rep. Keith Ellison of Minnesota and Labor Secretary Tom Perez—are each battle-hardened and experienced progressives with much to offer their partisan comrades. Yet the contest for the DNC’s top post has widely been cast as a clash between wings of the party, with Ellison as the champion of the insurgent left and Perez as the candidate of the establishment. That depiction misrepresents the face-off and fixates on the wrong question: who has better progressive street cred? With the Democrats deep in the hole—a minority in both houses of Congress, out of the White House, holding only 16 governor slots and merely 31 of 99 state legislative chambers, and lacking a deep bench or a flock of rising stars—the tussle for DNC chief ought to focus on who can best do the nuts-and-bolts job of rebuilding the party from the ground level.

It’s tempting to view this contest as mostly symbolic. The Democratic primary battle of 2016 pitted Bernie Sanders’ revolution against Hillary Clinton’s pragmatic centrism. Many of Sanders’ supporters saw her as a corporate Democrat out of touch with—but eager to exploit—the party’s progressive grassroots. Many of Clinton’s supporters regarded him as an insurgent who was no true Democrat but happy to trigger tension within the party for his own political advancement. And since Election Day, there has been much jabbering about the rift that remains, with this talk concentrating on the resentment festering among Sanders fans who believe party insiders conspired to sink his candidacy.

So Ellison, one of the few House Democrats to endorse Sanders’ presidential run, has been seen as something of a consolation prize—or an offering that can help heal the fractured party. His early entry earned him a rash of key endorsements, including from Sanders, Sen. Elizabeth Warren, and Sen. Chuck Schumer. For a few weeks, Ellison, with support from both ends of the Democratic spectrum, seemed like a unity candidate on an easy path to victory.

Then Perez joined the race. He was not a last-minute contestant shoved into the contest by Democratic establishmentarians looking to thwart Ellison, the first Muslim elected to the House—though some Obama loyalists within the party were clearly not keen on Ellison. Perez, who has been busy finishing up at the Labor Department before handing over the keys to Trumpsters, merely needed more time to make his decision, according to his camp. Yet when Perez, who had endorsed Hillary Clinton in the 2016 race, announced his bid, several unions, including the AFL-CIO, which have worked closely with him, were already on the Ellison Express. (Perez has since been backed by the United Food and Commercial Workers, the United Farm Workers, and the International Association of Fire Fighters, and the Democratic governors of Colorado, Louisiana, Rhode Island, and Virginia.) And with Perez’s entrance, some Sanders folks started claiming that the Evil Empire—that is, the poohbahs of the party—was once again seeking to crush a progressive insurgency. (Ellison backers have been ticked off that his Democratic opponents have pointed to a handful of Ellison’s remarks and his associations with radical black Muslims in the 1990s to undermine his bid.)

This wing-versus-wing dust-up is unfortunate for the party. The vote for DNC chair—the person who will be stuck with a mountain of mundane but important tasks and responsibilities—probably should not be predicated on symbolism. Nor should it necessarily be a contest over competing issue platforms—unless the issue divide truly defines the future course of the party. And that’s not what is at stake here. Certainly, Perez, while serving in President Barack Obama’s cabinet, did not oppose the Trans-Pacific Partnership, which was backed by the president, and Ellison was a critic of the trade pact. But there’s truly not much ideological distance between the two. They are both grassroots-minded progressives. Ellison, before being elected to the House, was a community activist and operated a civil rights, employment, and criminal defense law practice in Minneapolis. Perez, the Buffalo, New York-raised son of two parents exiled from the Dominican Republic, was once the head of CASA de Maryland, an organization advocating for and providing services to immigrants.

And there’s no big difference in their big-picture approaches to what must be done within the DNC. Ellison’s website declares, “We must energize Democratic activists across the country and give them the tools to build the Party from the bottom up. Beyond a 50-state strategy, we need a 3,143-county strategy…We must also reclaim our history as the Party that stands with working people.” Perez’s website says, “In the years ahead, we must strengthen our team, and our bench, from the ground up. And we must stand up to protect President Obama’s accomplishments. But most of all, we need to listen. We need to listen to Democrats at every level, empowering them to fight for progressive values and a vision of opportunity and optimism. And we need to listen to voters, up and down the ballot, who are asking us to stand behind them.” You could transpose these statements and not notice it.

At this point, the Democratic Party needs much rebuilding—which entails fundraising, strategizing, candidate recruitment, messaging, organizational development, and more—from local precincts to the national level. So it might be best if the selection of the DNC chief was more job interview and less political wrestling match. Yeah, right. But many of the 447 members of the Democratic Party’s national committee, who are the only voters in this contest, might actually view the race in such a way. (This group includes state chairs looking for a national chair who will get them the help and resources they need to succeed at home.) And for them, Perez’s resumé could hold strong (and progressive) appeal. (Association declared: Perez is a neighbor, and several times I have socialized in groups with him.)

Perez has had multiple successes overseeing large organizations. After a career that included a stint as a civil rights attorney in the Justice Department (during the George H.W. Bush years) and as a special counsel to Sen. Ted Kennedy on civil rights, criminal, and constitutional issues, Perez was appointed by Obama to run the civil rights division of the Justice Department. As Mother Jones reported a few years ago,

During the George W. Bush years, the division had been marred by partisan politics and declining civil rights enforcement. But since Perez took the helm, the division has blocked partisan voting schemes, cracked down on police brutality, protected gay and lesbian students from harassment, sued anti-immigrant Arizona sheriff Joe Arpaio for racial profiling, stood up against Islamophobia, and forced the two largest fair-housing settlements in history from banks that discriminated against minority homeowners.

While Perez was heading the civil rights division, it mounted a record-breaking number of probes into police abuse, and it achieved wide-ranging agreements to clean up police forces accused of misconduct.

After taking charge of the Labor Department in 2013, Perez fired up that agency. As Politico noted,

It was one of the federal government’s sleepier outposts for most of the dozen years that preceded Perez’s arrival just over one year ago. But Labor has been newly energized under Perez. “Enforcement activity is up,” Alfred Robinson Jr., who was an acting wage and hour administrator for the Labor Department during the George W. Bush administration, noted earlier this month in a blog post. The department has also raised its public profile on issues like minimum wage and paid medical leave and lavished favorable attention on companies that give employees what Perez calls “voice.”

At Labor, Perez was in charge of an organization with 17,000 employees, a multi-billion dollar budget, and offices throughout the nation. And he pocketed a number of policy wins. He expanded the overtime rule for millions of workers. He helped resolve the Verizon strike and achieved protections for Verizon’s retail workers. On his watch in 2016, the department collected $266 million in back pay owed to workers. He pushed for expanded paid sick leave. The department issued a new rule to protect workers in construction and manufacturing from exposure to dangerous levels of silica dust, which can cause disease and cancer. It raised the minimum wage and and provided extended overtime protections for 2 million home health care workers. The department issued an important conflict of interest rule forcing retirement advisers to place clients’ interests ahead of their own, an Elizabeth Warren-like measure that could save Americans billions of dollars per year.

Perez has had an impressive run at Labor, overseeing a big bureaucracy and achieving results. He has put his values into practice. Ellison has done similar as a member of Congress, mounting grassroots campaigns, raising money for Democrats across the country, and pushing pro-consumer financial reform legislation as a member of the House financial services committee. If DNCers want to send a welcoming signal to aggrieved (rightly or wrongly) Bernie-ites when they vote on February 24—and avoid possible further acrimony between Party HQ and progressive activists—Ellison is the obvious choice. But if there is more to the vote than that—and this race is removed from the never-ending conflict between the party and its progressive base—Perez is a strong contender. He is a solid progressive with a record of getting stuff done. His prospects will be shaped by whether party officials (they are the only ones who have a vote) consider this contest an act of atonement and reconciliation or a hiring decision.

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Why Tom Perez Is a Strong Competitor Against Keith Ellison in the Democratic Party Race

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This Bible Belt Abortion Provider Is Looking Beyond Trump

Mother Jones

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Abortion providers have had a rollercoaster year. On the one hand, a landmark abortion rights case in Texas saw an affirmative ruling from the Supreme Court, overturning restrictions that aimed to put clinics out of business across the United States. At the same time, conservative statehouses pushed through legislation that aimed to decrease abortion access and defund Planned Parenthood, the largest women’s health provider in the country. Months after the Supreme Court ruled in Whole Woman’s Health v. Hellerstedt that the restrictions in Texas qualified as undue burdens and were therefore unconstitutional, Donald Trump was elected president, assuring voters of his staunch support for anti-choice legislation and deflecting allegations of sexual assault.

The week after the election, we called Dr. Willie Parker—a Harvard-educated OB-GYN from Alabama in his 50s who has been providing abortions full time since 2009. He practices in clinics in Alabama, Georgia, and Mississippi, has confronted demonstrators blocking his access, and sued the state of Mississippi to keep the sole clinic in that state open. We wanted to hear how abortion providers are preparing for the next chapter of the battle against reproductive rights. As board chair for Physicians for Reproductive Health, Parker has been at the forefront of the national fight to preserve a woman’s right to choose. Here’s what he had to say about the likely new realities in women’s health during the future Trump administration.

What’s the conversation like among providers right now?
Most people can’t even talk. We’re still figuring it out. But I think people are trying to think beyond and say, “OK, given the inability to overturn the election, and given our ability to prognosticate based on how he’s operated politically, most of us have to think worst-case scenario.” But there’s also really no way of knowing what he’s going to do—he’s been sufficiently vague in his policy positions. We can take some prognostic indication from some of the things that he’s said, like in his 60 Minutes interview where he talked about his intention to appoint a pro-life justice to align the court to overturn Roe. I think of it as a low-hanging fruit. He has every intention to repeal the Affordable Care Act, as much because it’s known as Obamacare as because he wants to try and deconstruct the legacy of President Obama. But that has implications that mean women who were accessing family planning and contraception as a preventative service with no co-pay will lose access to that coverage. We will only see an exacerbation of the things we were engaged in trying to prevent—like unplanned pregnancy and the need for abortion, which creates a societal dilemma. If you’re making abortion illegal and undermining the various things that will allow the prevention of that need, it can only be a situation that goes from bad to worse.

There are a lot of misconceptions around contraception and abortion care, not only in the general public, but also among our lawmakers. Do you think there will be an uptick in anti-science attitudes?
There’s a saying that you can’t awaken somebody who’s pretending to be asleep. I’m full of clichés—I was raised by a Southern black woman, and they had a saying for everything.

I get you, I’m from Tennessee and Mississippi, I grew up on those sayings too.
Oh, so you’re my homegirl! laughs

There’s a willful ignorance. We indulge people who are willfully misrepresenting the facts. I don’t think those anti-choice congress people are as much benignly misguided as they are intentionally and willfully ignorant of the facts of reproduction. That lends itself very well to them being ideologically driven and carrying out agendas that, if they were to be really be honest about the facts, would be a tougher sell. But I think anti-intellectualism can be rewarded by the outcome of the election that’s going to result in people being appointed who can reinforce that agenda. We’re going to see more of that willful ignorance if we don’t push back and fight. The worst thing we can do is to assume that the electoral college votes resulting in the election of Donald Trump represents a mandate. It does not. He did not get the majority of the popular vote; that went to Hillary Clinton. That means those votes represent the consciousness of the nation, which is that abortion should be legal, that contraception and family planning are health issues and prevention, that a woman’s right to reproductive privacy is the law of the land and should remain such.

Have any of your patients expressed any fear since the election?
I’ve seen patients once since the election, and then, it was only abortion patients. But certainly, my friends and the common narrative is people are trying to shore up their own lives with regards to family planning and reproduction. I know people who were previously considering IUDs are considering them again. I know the requests for those kind of visits are up. People are concerned about how much control over their reproductive lives they’re going to lose as a result of this election outcome.

Do you think this puts states that are down to one clinic, such as Mississippi, in even more danger?
The fight in Mississippi will be more protracted. I’m the physician plaintiff in the lawsuit that keeps the Mississippi clinic open, and we prevailed twice in the Fifth Circuit—once with just the three-judge panel and once with the full Fifth Circuit panel. Despite that, the state tried to push it up to the Supreme Court, but the Supreme Court did not take that in lieu of the Texas case. So the definitive nature of the Texas case should have made things OK in Mississippi, but the state of Mississippi has decided to go forward. Now, I think their hope will be rekindled and renewed around the fact that potentially there will be an overturning of Roe, and there will be the appointment of a conservative justice who alters the balance of the court. There now will be a political hope based on the change in the presidential administration—hope that maybe wasn’t there before the election. But I don’t think anything will change immediately. President Obama, in his first remarks since the election, in order to reassure people and help them understand how government works, said the US government is like an ocean liner, not like a speed boat. It’s harder to turn around than people might think. Hopefully, many of the decisions have been structured in a way to make them resilient, so they’re not as vulnerable to the capricious whim of political administrations.

So what would you say to women who are worried about what a Trump administration could do to their reproductive health?

I just want to remind people that the task of those who support reproductive rights and reproductive justice didn’t change based on who is in the White House. We have leadership that is not supportive of what we’re trying to do, but the demand for justice shouldn’t be modulated. We can take that as a notion that we don’t know exactly what President-elect Trump is going to do, but we can’t afford to take a position of waiting around to see. We have to work under the assumption that the things that we fought hard for to protect women will be under assault, and we have to bring all our creativity and our energy to bear to preserve those things. No matter who is in the White House.

This interview has been edited and condensed.

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This Bible Belt Abortion Provider Is Looking Beyond Trump

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Timid Liberals Blew the Election by Flinching at Hillary Clinton’s Email Server

Mother Jones

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A couple of recent conversations about Hillary Clinton’s email server have prompted me to think that I should write about it one more time. Maybe for the last time. You might wonder why. After all, the damage is done, it’s in the past, and no cares anymore. But I continue to think there’s a lesson here that we haven’t all come to grips with yet.

Here it is: As near as I can tell, Hillary Clinton did nothing wrong. Period. No shilly-shallying, no caveats. It’s true that the optics were sometimes bad, and the whole affair showed off Clinton’s political instincts at their worst. But that’s it. Both legally and ethically, she did nothing wrong. And liberals should have been willing to say so.

But a lot of them weren’t. Both in print and on TV, our defense of Clinton was often tepid and full of qualifications. I noticed the same thing after the Benghazi attack. Conservatives went on the attack literally within a few hours. Some liberals fought back, but an awful lot either said nothing or else mounted half-hearted defenses. Why? Were they worried about looking like hacks even though the plain truth was all they needed to defend? Were they worried that some future revelation might make them look stupid? I’m not sure. But I don’t think anyone will argue when I say that this kind of attitude doesn’t work well in contemporary America.

So here’s a timeline of the email server affair. FAIR WARNING: It’s not a complete timeline. Google has plenty of those for you. It’s a timeline that highlights a few very specific things that I think even a lot of liberals never quite understood. Let’s start:

March 2009: Two months after being confirmed as secretary of state, Hillary Clinton makes the fateful decision to host her unclassified email on a private server.

THIS IS IMPORTANT. Everybody at the State Department has an unclassified email account. In the aughts, most used state.gov alone, but lots of people also used Gmail or another commercial email service. These accounts are used routinely for day-to-day business, but only for unclassified material. There is an entirely different system for classified communications. The only way that Clinton’s email account differed from a state.gov account is that it was hosted on a private server.

September 12, 2012: The American consulate in Benghazi is attacked. Even though Clinton is literally faultless in this,1 conservatives begin a four-year campaign of investigations, subpoenas, and conspiracy theories that are plainly little more than partisan attacks designed to smear Clinton.

February 2013: Clinton steps down as secretary of state.

September 2013: The National Archives updates its regulations on the handling of email and other public records.

October 2014: After yet another records request in the Benghazi affair, the State Department asks all former secretaries of state for any official records in their possession.

December 2014: After removing her personal emails, Clinton delivers all her official emails to the State Department. Her staff asks Clinton what they should do with the personal emails, and she tells them she no longer needs them. The hosting company in Colorado, Platte River Networks, is instructed to delete Clinton’s existing email archives and to thenceforth preserve new emails for 60 days before deleting them.

March 2015: The New York Times reveals that Clinton’s emails were hosted on a private server. The Benghazi zealots immediately subpoena her email server.

March 2015: A Platte River tech discovers that he never deleted the email archives. At this point, even though Clinton’s staff has notified him not to make any changes (due to the subpoena), he deletes the old archive.

THIS IS IMPORTANT. It is now six years since Clinton began her tenure at the State Department and two years since she left. In that entire time, there was never any concern over the possibility that Clinton sent or received classified material over unclassified channels. In fact, I don’t think there has ever been any official concern about any secretary of state sending classified information over unclassified channels.

March 2015: Republicans in Congress ask the inspectors general of both the State Department and the intelligence community to review Clinton’s email practices. Their letter states, “We are concerned that diplomatically sensitive, and possibly classified, information may have been transmitted and stored in an insecure manner.”

July 2015: The IC inspector general tells Congress that it found classified information in a small sample of Clinton’s email that it reviewed. Both inspectors general ask the Justice Department to review all of Clinton’s email for a “potential compromise of classified information.” This is the start of the FBI investigation.

THIS IS IMPORTANT: Although the referral came from both IGs, the underlying issue is an ancient feud between the State Department and the CIA. The CIA basically wants to classify everything. The State Department, which has to work in the real world, takes the pragmatic view that classified information sometimes has to be discussed over unclassified channels. It just has to done carefully and circuitously.

July 2016: After a full year, the FBI finally concludes its investigation. Normally, FBI officials merely turn over their recommendations to prosecutors at the Justice Department, but this time FBI Director James Comey decides to host a detailed press conference about the investigation. He says Clinton did nothing illegal, a conclusion that he later describes as “not even a close call.” However, he also declares that Clinton was “extremely careless” with her email.

August 2016: The FBI releases its interview notes, which make it clear that Comey exaggerated wildly in his press conference. Clinton’s archives contained only three trivial emails that were marked classified. A couple of thousand more emails were retroactively classified. Should they have been? The CIA says yes. Clinton says no: They were carefully worded discussions between professionals who knew perfectly well how to conduct conversations like this. Comments from other State Department officials back up Clinton’s view. There was, it turns out, little evidence that anyone was careless, let alone “extremely careless,” but since the emails are now classified, no one will ever know for sure.2

October 2016: Two weeks before Election Day, Comey writes a letter announcing that the FBI has discovered records of emails between Clinton and her aide, Huma Abedin, on the computer of Abedin’s estranged husband, Anthony Weiner. There is nothing unexpected about this. All of Clinton’s aides probably have copies of emails from her, and as we now know, the FBI had no reason to think Abedin’s emails were anything they hadn’t already seen. But Comey declines to say any of this in his letter and the press goes nuts.

November 6, 2016: Comey announces that the investigation is over and none of the Abedin emails were relevant.

November 8, 2016: Donald Trump is elected president of the United States.

So here’s what we’ve got. Clinton used a private server for her unclassified emails. However, that doesn’t provide any reason to think she was any more careless about discussing classified information than any other secretary of state. Nevertheless, Republicans used the excuse of the Benghazi investigation to demand an inspector general’s audit of her emails. The intelligence community, naturally, concluded that Clinton’s archives contained thousands of discussions of classified programs. They would most likely conclude the same thing if they audited the email account of any ranking State Department official. It’s just a fact of life that State and CIA disagree about this stuff.

Comey certainly knew this, and he also knew that Clinton had done nothing out of the ordinary. However, in an attempt to appease congressional Republicans, who were sure to go ballistic when their hopes of putting Clinton in the dock failed yet again, he held a press conference where he called her actions “extremely careless.” Then, three months later, with absolutely no justification, he announced that more emails had been discovered—and he announced it in the most damaging possible way.

This is the meat of the whole affair. The rest is chaff. Did Clinton violate the Federal Records Act by holding her email on a private server? Was she trying to evade FOIA requests? Did she lie about wanting to use one email device? Did she violate agency regulations because she used an outside mail account for all her communications, rather than just part of them, as others have routinely done? Etc. etc. We can argue about this stuff forever and we’ll never know the answer. If you hate Clinton, you’ll insist that these are major felonies that should have landed her in a Supermax for life. But if you don’t hate Clinton in the first place, none of these will strike you as anything more than minor infractions at best and ungrounded speculation at worst. Plus there’s this: No one ever came close to investigating any of this, let alone trying to bring charges. Among the folks who know the most about these things, there was never so much as a hint that there was anything illegal among all the sensational accusations.3

The bottom line is simple: There was never any real reason for either the IG investigations or the FBI investigation. And in the end, the FBI found nothing out of the ordinary—just the usual State-CIA squabbling. Nevertheless, under pressure from Republicans, Comey spent a full year on the investigation; reported its conclusions in the most damaging possible way; and then did it again two weeks before the election. Because of this, Clinton lost about 2 percent of the vote, and the presidency.

Liberals should have defended her with gusto from the start. There was never anything here and no evidence that Clinton did anything seriously wrong. And yet we didn’t. Many liberals just steered clear of the whole thing. Others—including me sometimes—felt like every defense had to contain a series of caveats acknowledging that, yes, the private server was a bad idea, harumph harumph. And some others didn’t even go that far. The result was that in the public eye, both liberals and conservatives were more or less agreeing that there was a lot of smoke here. So smoke there was. And now Donald Trump is a month away from being president.

1I mean literally. She was not responsible for the fact that the Benghazi consulate had too few guards. She was not responsible for Chris Stevens taking a big risk that he was well aware of. She was not responsible for the nearby CIA compound. She did not lie about the attacks afterward. Susan Rice did not lie about them afterward. There was no “stand-down” order. Etc. There were lessons to be learned from the attack, but nothing that points to negligence on Clinton’s part.

2As long as we’re on the subject, I’ve long had another beef with Comey’s presentation. He said it was “possible that hostile actors gained access to Secretary Clinton’s personal e-mail account,” but he based that on literally nothing. There was no evidence of any successful hack. None. There was no more possibility of Clinton being hacked than anyone else who did the kinds of things she did.

3The only thing the FBI investigated was whether national security had been compromised. Neither the FBI nor anyone else ever investigated anything else.

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Timid Liberals Blew the Election by Flinching at Hillary Clinton’s Email Server

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Why Are Democrats So Damn Timid About James Comey and the FBI?

Mother Jones

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John Podesta, chair of Hillary Clinton’s presidential campaign, is pissed:

The more we learn about the Russian plot to sabotage Hillary Clinton’s campaign and elect Donald Trump, and the failure of the FBI to adequately respond, the more shocking it gets….I was surprised to read in the New York Times that when the FBI discovered the Russian attack in September 2015, it failed to send even a single agent to warn senior Democratic National Committee officials. Instead, messages were left with the DNC IT “help desk.”

….Comparing the FBI’s massive response to the overblown email scandal with the seemingly lackadaisical response to the very real Russian plot to subvert a national election shows that something is deeply broken at the FBI.

FBI Director James Comey justified his handling of the email case by citing “intense public interest.” He felt so strongly that he broke long-established precedent and disregarded strong guidance from the Justice Department with his infamous letter just 11 days before the election. Yet he refused to join the rest of the intelligence community in a statement about the Russian cyberattack because he reportedly didn’t want to appear “political.” And both before and after the election, the FBI has refused to say whether it is investigating Trump’s ties to Russia.

I’m surprised that Democrats have been so muted about the FBI’s role in the election. If something like this had happened to Republicans, it would be flogged daily on Rush, Drudge, Fox News, Breitbart, the Wall Street Journal, and the Facebook pages of everyone from Sarah Palin to Alex Jones. But Democrats have been almost pathologically afraid to talk about it, apparently cowed by the possibility that Republicans will mock them for making excuses about their election loss.

That’s crazy. Here’s a quick review:

Goaded by rabid congressional Republicans, the FBI spent prodigious resources on Hillary Clinton’s email server, even though there was never a shred of evidence that national security had been compromised in any way.

In July, Comey broke precedent by calling a press conference and delivering a self-righteous speech about Clinton’s “carelessness.” Why did he do this, when FBI protocol is to decline comment on cases after investigations are finished? The answer is almost certainly that he wanted to insulate himself from Republican criticism for not recommending charges against Clinton.

Weeks later, Comey finally released the investigation’s interview notes. Only the most devoted reader of bureaucratic prose was likely to suss out their real meaning: there had never been much of a case in the first place, and contrary to Comey’s accusation, Clinton had never been careless with classified material. Like everyone else, she and her staff worked hard to exchange only unclassified material on unclassified networks (state.gov, gmail, private servers, etc.). There was a difference of opinion between State and CIA about what counted as classified, but this squabbling had been going on forever, and had driven previous Secretaries of State nuts too.

As Podesta notes, the FBI took a preposterously lackadaisical attitude toward Russia’s hacking of the DNC server. Outside of a badly-written novel, it’s hard to believe that any law enforcement organization would do as little as the FBI did against a major assault from a hostile foreign power aimed at one of America’s main political parties.

Even when plenty of evidence was amassed about Russia’s actions, Comey downplayed it in private briefings. This gave Republicans the cover they needed to insist that Obama not mention anything about it during the campaign.

Two weeks before Election Day, Comey authorized a search of Anthony Weiner’s laptop, even though there was no reason to think any of the emails it contained were new, or that any of them posed a threat to national security. Then he issued a public letter making sure that everyone knew about the new evidence, and carefully phrased the letter in the most damaging possible way.

Any one of these things could be just an accident. Put them all together, and you need to be pretty obtuse not to see the partisan pattern. In every single case, Comey and the FBI did what was best for Republicans and worst for Democrats. In. Every. Single. Case.

If you want to believe this is just a coincidence, go ahead. But nobody with a room temperature IQ credits that. The FBI has spent the entire past year doing everything it could to favor one party over the other in a presidential campaign. Democrats ought to be in a seething fury about this. Instead, they’re arguing about a few thousand white rural voters in Wisconsin and whether Hillary Clinton should have visited Michigan a few more times in October.

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Why Are Democrats So Damn Timid About James Comey and the FBI?

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How Obama Handled the Conflict-of-Interest Issue Trump Now Faces

Mother Jones

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Unless something drastic changes, Donald Trump, the self-proclaimed “King of Debt,” will enter the White House on January 20 with about $713 million in debt. He carries mortgages for all his prized properties—including Trump Tower, the Doral golf course in Miami, and his swanky new Washington, DC, hotel—and this does not count another $2 billion in debt (including massive loans from the state-owned Bank of China) that finances partnerships in which he participates.

These loans create significant conflicts of interest. For instance, his biggest lender, Deutsche Bank, is in the middle of negotiations with the Justice Department over how many billions of dollars in civil penalties it should pay for its role in the 2008 financial crisis. Yet as Trump has recently tweeted, the celebrity mogul has no plans to sell his mortgaged assets. Instead, he says, he will let his adult children manage his business and deal with these properties. (Trump postponed a press conference scheduled for this week in which he was supposed to unveil the details of his plan for separating himself from his business empire.) But according to ethics experts, divestiture is the only way Trump can truly address the conflicts.

As Trump has pointed out, there is no law that requires him to sell these assets. But since the 1970s, presidents have taken steps to minimize their conflicts of interest—even if only to avoid the appearance of a conflict. One good example for Trump: President Barack Obama. In 2013, as home mortgage interest rates plummeted, Obama publicly urged Americans to take advantage of the falling rates and save themselves a bundle of money. Alas, Obama told a town hall audience in 2013, he couldn’t follow his own good advice.

“Well, not to get too personal, but our home back in Chicago—not the White House, which, as I said, that’s a rental—our home back in Chicago, my mortgage interest rate, I would probably benefit from refinancing right now, I would save some money,” Obama said. “When you’re President, you have to be a little careful about these transactions, so we haven’t refinanced.”

Be careful—by that, Obama meant he did not want to get close to a conflict of interest by negotiating a deal with any bank. And that entailed a personal sacrifice.

Obama’s mortgage, which he took out in 2005, carries a 5.62 percent interest rate—significantly higher than the current rates that are around 4 percent for a 30-year mortgage. In 2015, USA Today estimated that Obama could save almost $2,100 a month by refinancing. But though he was not prevented from taking advantage of the lower rates, he chose not to do so. He had learned his lesson. Years earlier, when he first entered office, his 5.62 percent mortgage was heavily scrutinized, with the question being whether he had received a below-market rate as an act of favoritism. A Federal Election Commission investigation determined that Obama had obtained a discounted rate but that it was legal because it was within the range offered by Obama’s bank to customers who may provide the bank with additional business.

Before entering the White House, Obama sold his stock portfolio and invested all his personal assets in Treasury notes with some smaller investments in broadly held mutual funds. Once again, he was not compelled to do this by any law—federal conflict-of-interest laws and rules do not apply to the president—but he took this step to remove any taint of possible conflict.

So far, Trump is taking a different approach. He says he has sold off his stocks—without offering any documents to confirm this. But he has not publicly addressed the conflicts posed by his massive borrowing or by his connections to his family business. His transition team now says he will hold a press conference in January to present his plan to deal with potential business conflicts. Yet he certainly has not yet met the standard followed by the man he is succeeding.

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How Obama Handled the Conflict-of-Interest Issue Trump Now Faces

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Help Grist hold Trump and his media enablers accountable

Remember that time Donald Trump told the New York Times he would keep an open mind about climate change? It was just a couple of weeks ago, when he met with the paper’s top reporters and editors. Their tweets sparked a slew of news reports that Trump might be “changing his tune” on climate.

Except that Trump did nothing of the sort. When Grist’s Rebecca Leber pored over the full transcript, it became clear that the president-elect was his usual climate-denying self, and the pliant news media had once again been suckered into making him look mainstream.

“Trump spun his climate denial to the New York Times and lots of people fell for it,” our headline read. “Grist expertly called out” the mainstream media’s failure to hold Trump accountable, The Huffington Post proclaimed.

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We’re going to need a lot more headlines like that in the coming years. And Grist needs your support to keep up our honest reporting and commentary — the kind you won’t hear from this administration or the bamboozled media.

I joined Grist as executive editor nine months ago with a mission: Take a publication beloved for its irreverent and unorthodox approach to environmental journalism and fuse that sensibility with a focus on deeper reporting, sharp analysis, and stories that matter.

As part of Grist’s fall fundraising drive, we’ve just spent the past couple of weeks celebrating some of those results. We sent reporters to cover injustice in Alaska and Standing Rock, told the amazing true story of the slideshow that saved the world, uncovered black-and-white evidence of a huge Trump climate flip-flop, won awards for our fun video explainers, launched a mobile-friendly daily news product, even explored what it takes to be a non-judgmental vegan.

Now we’re asking for your support so we can do more. That’s what it takes to run an independent, nonprofit media shop that doesn’t answer to deep pockets and has the freedom to take on corporate and political power.

I didn’t anticipate the election of Donald Trump, but I’m proud to say that Grist has made significant headway in building a journalistic operation capable of providing tough, fearless coverage of the president-elect and his polluter pals, who are about to have all the power they ever wanted to gut environmental laws, plunder our natural resources, ignore the warnings of climate science, and increase the environmental burdens plaguing vulnerable communities.

It’s become a cliche in the past few weeks to say that strong, honest journalism is needed now more than ever — but cliches gain power because they’re true.

Grist doesn’t have the resources of the New York Times or Washington Post, or even Mother Jones or ProPublica. Those institutions will need your support, too, to cover the range of corruption and assaults on civil liberties that the Trump administration portends.

What Grist does have, though, is a dedicated and skilled staff that’s intensely focused on a set of issues that are about to come under immediate attack from the Trump administration. We understand them — and their impact on people and communities — like no other publication.

And don’t just take my word for it. (I am the editor, after all). Bill Moyers’ website tells readers that if they want “more and better media coverage of these issues” they should “contribute to specialized nonprofit online outlets like Grist. … Robust news coverage will matter more than ever during an administration led by the purveyors of fake news and anti-science propaganda.”

So if you care about safe air and water, sustainable food, livable cities, a clean, inclusive economy, a survivable climate, and environmental justice for all, Grist is the publication you’ll need to cling to in the coming years. We’ll ferret out fake news, seek and spotlight solutions, tell you where progress continues to happen and who is standing in the way, stand up for what’s right and just, reach across ideological lines, give you the tools and advice needed to make a difference, and bring big brains together to spark ideas and innovation.

This is the Grist we need now more than ever. And it can’t happen without your support. Please give today.

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Help Grist hold Trump and his media enablers accountable

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The Standing Rock Sioux will be ready to take a Trump challenge to courts

In the wake of the Obama administration’s surprise decision to block the Dakota Access Pipeline, company reps seem confident they need only wait for President-elect Trump to keep building. But the lawyer who represents the Standing Rock Sioux says it won’t be so easy to overcome the legal hurdles.

“If an agency decides that a full environmental review is necessary, it can’t just change its mind with a stroke of a pen a few weeks later,” EarthJustice attorney Jan Hasselman told Grist. “That would be violation of the law, and it’s the kind of thing that a court would be called upon to review. It doesn’t mean they’re not going to try.”

Trump could force the pipeline through along the dispute route at Lake Oahe. He technically could ignore the Corps’ decision to fulfill a public Environmental Impact Statement with his newfound executive powers, but that might not be wise.

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“He could in the sense that you can rob a bank, but you’d get in trouble,” Hasselman said.

If that were the case, Standing Rock would be prepared to take the matter to courts again, their lawyer told Grist.

“Circumventing the environmental assessment now that the agency has determined it’s the right course of action shouldn’t pass muster under legal standards,” he added.

For example, the Ninth Circuit has ruled that federal agencies can’t just flip on a dime on settled rulemaking that is based on facts because a new administration has taken over. The Supreme Court this year declined to take up the case, leaving the Circuit’s decision standing that the Bush administration couldn’t exempt the Tongass rainforest in Alaska from a conservation rule, when the agency’s fact-finding found otherwise.

Unless a conservative Supreme Court reverses course, then Standing Rock still has that advantage in a Trump era.

Going further to weaken environmental regulations overall would require a more robust change to the law with congressional action. With the law on their side for now, environmental justice advocates could challenge administration decisions just as they did in the Bush administration. (Talk about government interference: Trump is reportedly also considering privatizing oil-rich Native American land to boost oil companies.)

Energy Transfer Partners has its share of options, too — even if Trump didn’t reverse the decision, it could still sue to maintain the current route.

One of the surer bets on what’s next is that the company is going to have to wait longer to build its pipeline than it originally intended. Energy Transfer Partners wanted it to be operational by the end of the year. If the Corps decision holds, it could potentially be tied up as long as a year or two. It would have to undergo a full environmental assessment of route alternatives, which is the traditional way government agencies solicit input from the public and weigh the pros and cons of environmentally risky projects.

The pipeline is far from dead. But it’s also far from a sure thing.

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The Standing Rock Sioux will be ready to take a Trump challenge to courts

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"I Didn’t Come Here to Lose": How a Movement Was Born at Standing Rock

Mother Jones

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Ome Tlaloc walked through the North Dakota hills with a flashlight and a walkie-talkie, scouting for police in the prairie dark. Earlier that evening, I’d met the 30-year-old on Highway 1806, where he’d been sitting behind a makeshift barricade. Now he was doing reconnaissance. The Morton County Sheriff’s Department and the National Guard, stationed ahead of us on the road, were planning to raid the camp where Tlaloc and hundreds of other protesters had been living for the past week. The barricade was meant to stop the cops, or at least to slow them down. As he walked, Tlaloc listened to his radio for the code words that would signal when he and his comrades were to spring into action: “Eagle’s Claw.”

The Standing Rock Sioux reservation sits in the Dakota Prairie Grasslands, an endless sweep of elephan­tine hills once home to millions of members of the Lakota Nation. Today, it’s inhabited by fewer than 9,000 of their surviving descendants, and one of the few places in America where buffalo roam wild. In late July, the Dallas-based Energy Transfer Partners informed the Standing Rock Sioux that in five days its subsidiary would begin construction on a section of the Dakota Access Pipeline (DAPL) next to the reservation. After that, members of more than 200 Native American tribes and their allies gathered to block what would be America’s longest crude oil pipeline. Their encampments of teepees, tents, and RVs were mostly ignored by the media until private security guards set dogs on protesters and a few journalists were arrested, sparking a national conversation about tribal sovereignty, environmental racism, and police brutality.

The October night I met Tlaloc, the stakes in the #NoDAPL movement were as high as they’d ever been. If the “water protectors,” as the protesters called themselves, were cleared out, the pipeline would continue east under the Missouri River, coming within 1,500 feet of Lake Oahe, the Standing Rock Sioux’s water supply. A leak or spill, activists believed, would poison the drinking water of as many as 10 million people, nearly all of them on Native American reservations. The protesters’ goal was to block construction until March 2017, when Dakota Access would have to reapply for a federal construction permit—a delay that might make the project financially unfeasible. If the protesters were removed before then, Dakota Access would complete the 1,172-mile pipeline that would transport up to 570,000 barrels of crude a day. (On December 4, the Army Corps of Engineers announced that it would not approve a permit for the pipeline to run beneath Lake Oahe.)

Police have responded to the protests with teargas, tasers, water cannons, rubber bullets, and armored vehicles.

Native Americans of all ages have protested against the pipeline.

Tlaloc stopped at the top of a ridge. Off in the distance was the trench holding the lengths of 30-inch metal pipe. “An old Sioux prophecy says that a black snake will come to destroy the world at a moment of great uncertainty,” he said. “Unless the youth stop it.”

Back at the barricade, men in camo fatigues sipped cowboy coffee and waited. Pup tents formed a circle around a pit fire. “They’ve killed us before,” said Harry Beauchamp, a 63-year-old Assiniboine from Montana. Resting his cowboy boots on a soup pot, he told us about his participation in the 1973 standoff between members of the American Indian Movement and law enforcement agents in South Dakota that ended in the deaths of two Native American activists. A few weeks earlier, he’d been attacked by a dog brought in by a pipeline security contractor. His future son-in-law, he said, was bringing him a rifle. “I’m not going to let this be another Wounded Knee,” he said.

Left: Chanse Adams-Zavalla. The #NoDAPL protesters have occupied three main encampments.

Dancers in front of a sacred fire in a protest camp

The next day, a pale sun burned through the morning haze, backlighting 200 sheriff’s deputies and National Guardsmen in full riot gear. Behind them were an armored personnel carrier, a land-mine-resistant truck, and the pipeline’s private security force—overseen by TigerSwan, a North Carolina firm that’s done work for the US government in Afghanistan and Iraq. “This is a state highway,” a police commander said into a loudspeaker. “You must clear the road.”

On August 19, North Dakota Gov. Jack Dalrymple, who served as an adviser to Donald Trump’s presidential campaign, had declared a state of emergency, and the National Guard mobilized three weeks later. On September 3, security contractors turned dogs on the protesters. Not long afterward, Standing Rock Sioux tribal chairman Dave Archambault II asked the Justice Department to investigate civil rights violations against activists. “This country has a long and sad history of using military force against indigenous people—including the Sioux Nation,” he wrote. “When I see the militarization taking place in North Dakota against Indian people, I am genuinely concerned.”

Over the next 12 hours, I watched as grandmothers with red feathers in their hair, Oglala elders in cer­emonial regalia, and teens astride horses were teargassed, tased, and arrested. Cops fired rubber bullets at protesters and blasted them with earsplitting whines from Long Range Acoustic Devices. As the police marched down the highway, the crowd, echoing Black Lives Matter protesters, held their arms in the air and shouted, “Hands up, don’t shoot!”

Native Americans are more likely to be killed by police than members of any other group, even African Americans. More than 1 in 4 Native people live in poverty. (The average individual income on the Standing Rock reservation is $4,421.) Native unemployment levels are nearly double those of the overall population; their youth suicide rate is the highest in the nation.

Protesters watch as the police destroy a campsite.

A Sioux leader asked the Justice Department to investigate “the militarization taking place in North Dakota against Indian people.”

Many at Standing Rock saw the threat of environmental catastrophe as inextricable from racial injustice. An early proposal to route the Dakota Access Pipeline through Bismarck, 45 miles north of the reservation, was rejected by the US Army Corps of Engineers because of concerns that it could harm the municipal water supply. (Bismarck’s population is 92 percent white.) “But it’s okay if it poisons Natives’ water, right?” said Chanse Adams-Zavalla, a 22-year-old who grew up on the Maidu reservation just north of Santa Barbara, California. He wore a camouflage backpack that had “Fuck Off” written on it and a matching camo cap that said “Smile More.” In May 2015, the coastline near his reservation was ravaged by the rupture of an oil pipeline. “It’s disgusting what happened to my people, bro, and we’re still being treated that way,” he said.

Young protesters with red bandannas over their faces dragged tree trunks onto the highway and set them on fire. A heavyset teen stood before the flaming barricade, his back to the police. “Stop lighting these barricades on fire, brothers!” he said. “I’m a member of the Standing Rock Sioux tribe.” He paused and looked at his feet like he might cry. “After this, I have to live here.”

“Sellout!” a young man in a balaclava shouted, hurling a tire onto the pyre. Someone else picked up the chant. “Sellout! Sellout!”

The scene underscored the conflicts within the anti-pipeline movement. Some activists, led in part by a group of protesters who lived in a compound called Red Warrior Camp, were committed to stopping the pipeline through direct action. While many Standing Rock Sioux were out on the front lines, Archambault was also lobbying Washington in hopes of a legal victory. In early November, Red Warrior Camp was asked to leave Standing Rock for promoting tactics that the tribal leadership thought were too extreme. There were also tensions between white-led environmental groups like 350.org, which focuses on climate change, and Native activists, who believe the larger issue is one of tribal sovereignty and the unfinished struggle for Native American rights. The protesters were spread among three encampments, including a largely Native camp and another filled with white activists that I heard described as the “Brooklyn” of Standing Rock.

Back at the barricades, Miles Allard, a Sioux man with a white mullet, rushed to the assistance of the teen who’d tried to calm the crowd. “The only way we’re going to win this is by prayer,” Allard said. “If we use violence, we will lose.”

“I didn’t come here to lose,” Beauchamp said, dropping a bundle of kindling onto the pavement before walking off in anger. “And I didn’t come here to fight my own brothers. I quit. I’m going home.”

“Why do they want to kill us?” asked LaDonna Allard over breakfast at the Prairie Knights Casino and Resort, the area’s largest employer. Allard, a Sioux woman, was hosting a protest camp on her land; she was accompanied by her husband, Miles, who had called for nonviolence at the barricades a few days earlier. The police had won those clashes, clearing the road and arrest­ing 142 protesters, including the Allards’ daughter, Prairie. (During a prior arrest, Allard said, her daughter was stripped naked, left in a cell overnight, and asked repeatedly, “Who’s your mother?”) Construction resumed on the pipeline, whose North Dakota section was roughly 95 percent complete.

Allard recalled the life of her great-great-grandmother, Nape Hote Win, who as a nine-year-old survived the 1863 Whitestone massacre, an attack by the US Army 50 miles east of Standing Rock. She was held in a prisoner-of-war camp for seven years. That battle paved the way for the Standing Rock Sioux to be confined to their current reservation. Allard’s father had to flee his land in 1948 after the government dammed the Missouri, flooding his farm. Her father and son were buried along the pipeline’s path.

On Election Day, Energy Transfer Partners announced that it would defy a request from the Obama administration to postpone construction and would begin tunnel­ing under Lake Oahe in two weeks. CEO Kelcy Warren had given more than $100,000 to support Trump, a stockholder. “Overall, I’m very, very enthusiastic about what’s going to happen with our country,” Warren told investors after the election. In mid-November, the Army Corps of Engineers stepped in and said it would not allow completion of the pipeline until there had been further review of its environmental impact. Reaffirming that decision in early December, the Corps said it would consider alternate routes for the pipeline. ETP attacked the decision as “the latest in a series of overt and transparent political actions by an administration which has abandoned the rule of law in favor of currying favor with a narrow and extreme political constituency.”

“We’re in a war,” Allard said, beginning to cry. “How did this happen? I did nothing wrong. I have a right to say ‘no.’ I have a right to live in my own country, on my own land.”

Police spray water on demonstrators in below-freezing temperatures.

Left: Nighttime protests on Highway 1806. Right: Medics assist an injured protester.

Later that night, I passed Beauchamp’s tent, but it was empty. He had gone back to Montana, feeling bitter and defeated. Adams-Zavalla, however, was in great spirits. “This isn’t the end of our movement,” he said. “It’s the beginning.” Fifty horses had just arrived from the Oglala-Sioux reservation, as had 100 Native American youth runners who’d jogged from Arizona. That afternoon the Seven Council Fires had been lit for the second time since 1862, a ceremony in which the seven branches of the Dakota Sioux demonstrated their unity. “When my grandkids ask me where I was during Standing Rock,” Adams-Zavalla said, “I know what I’m going to tell them.”

“Even if somehow, someway, they build this pipeline,” he went on, “they’ve inadvertently sparked a whole generation of us indigenous folks and everyone who wants to stand with us to fight for Mother Earth. We’re going to inherit this planet, bro, and everyone’s welcome to inherit it with us if they want.”

Around us, protesters were chopping wood, battening down tarps, and getting ready for the long Dakota winter. On a hill overlooking the camp, DAPL roughnecks labored away. The moment was uncertain, yet jubi­lant—each side racing toward the future it imagined.

Inside the main protest camp.

Police sprayed mace at protesters who crossed the Cannonball River.

Water protectors march from the main camp to the bridge on Highway 1806.

These horseback riders traveled for three days along the pipeline.

The first snowfall in Standing Rock

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"I Didn’t Come Here to Lose": How a Movement Was Born at Standing Rock

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