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Harvey pummels east Texas oil towns as Houston begins to dry out

At long last, skies are clearing over Houston. Yet the floodwaters have left an exacting mark, and human tragedy abounds. America’s fourth-largest city will never be the same.

After moving on from Houston, Harvey has wrought new devastation further east. The storm made a second landfall in Texas early Wednesday morning, bringing with it a fresh torrent of rain to the oil industry hubs of Port Arthur and Beaumont, 100 miles east of Houston.

Port Arthur and Beaumont are home to some 380,000 people — about the same population as the city of New Orleans — and Harvey dumped more rain on them than it did on Houston. Beaumont received more than 26 inches of rain on Tuesday alone, more than double what the city had ever seen on a single day — and about as much as Houston received during its rainiest 48 hours last weekend. Harvey has left the area’s residents stranded and its oil facilities battered.

In a Facebook post, the mayor of Port Arthur, Derrick Freeman, wrote, “Our whole city is underwater.” The county sheriff said most people couldn’t be reached to be rescued. The so-called “Cajun Navy” of fishing boats sprung into action, with a 60-mile convoy of boats departing Galveston, 100 miles southwest, toward the region. Even the designated evacuation center in Port Arthur flooded, complete with floating Red Cross cots, and residents forced to again flee. A local stretch of Interstate-10 looked like a lake, complete with waves and whitecaps. And north, in Beaumont, Harvey knocked out the municipal water system; local authorities say it will be out indefinitely.

Southeastern Texas is home to massive oil refineries and industry infrastructure — and Harvey has damaged much of it. In Crosby, east of Houston, a flooded chemical plant exploded early Thursday night, sending up plumes of black smoke. An ExxonMobil plant in Baytown, also an eastern suburb of Houston, reported a Harvey-related hazardous spill.

Now add facilities in the Beaumont and Port Arthur region to the list. There was a sulfur-dioxide release at an ExxonMobil refinery in Beaumont, which could cause respiratory issues for locals. And the nation’s largest refinery, run by Valero in Port Arthur, went offline on Wednesday.

About 20 percent of the nation’s refining capacity is now offline due to Harvey. Facilities have to file regulatory notices when floodwaters force them to shut down, a process that could result in releases of chemicals beyond what the law normally allows. ExxonMobil did that in association with its two damaged refineries. According to the Texas Tribune, “most of the other facilities belonging to major companies also filed notices with the Texas Commission on Environmental Quality,” meaning nearly every industry facility in the path of Harvey has the potential of a hazardous spill.

The scale of Harvey’s disaster across Texas remains nearly incomprehensible. More than 24 trillion gallons of water fell from the sky in five days, enough to cover Washington, D.C., in a 1,400-foot-high wall of water taller than the Empire State Building. Houston-area officials think it will take months to drain two key flood-protection reservoirs.

Meanwhile, it’s still peak hurricane season, and two new storms popped up on forecasters’ radars on Wednesday. (One meteorologist called them a “sick joke,” considering Harvey’s devastation.) Tropical Storm Irma, currently off the coast of West Africa, looks primed to grow into a large hurricane thanks in part to water temperatures in the tropical Atlantic that are currently near all-time highs. It may take nearly two weeks to cross the ocean, and its path is uncertain. It could make landfall anywhere from Texas to Bermuda.

The Gulf of Mexico has also spawned another area of interest to meteorologists. By early next week, it could become Tropical Storm Jose. One of its potential destinations: Texas.

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Harvey pummels east Texas oil towns as Houston begins to dry out

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A judge rules that rushing approval for the Dakota Access Pipeline violated the law.

U.S. District Court Judge James Boasberg issued a ruling Wednesday that deemed the previous environmental review process inadequate. His decision comes in response to a legal challenge filed by Standing Rock Sioux in February, after President Trump greenlit the pipeline shortly after his inauguration.

Specifically, the judge said the Army Corps of Engineers, which must approve pipelines that cross water, “did not adequately consider the impacts of an oil spill on fishing rights, hunting rights, or environmental justice, or the degree to which the pipeline’s effects are likely to be highly controversial.” According to Jan Hasselman, the Earthjustice attorney representing the tribe, the ruling represents possibly the first time that a federal judge has dinged the Army Corps for not considering environmental justice concerns.

The Army Corps must now do additional review. Hasselman is unsure what form that will take. “Do they just try to paper this over with a supplemental or revised environmental assessment, which is likely to lead to more litigation?” he says. “Or do they go back to the environmental impact statement process?”

The tribe has argued for months that the pipeline would endanger their drinking water and ancestral lands. Since oil began flowing in March, the pipeline has already leaked several times. Oil will continue flowing for now, but Standing Rock Sioux Chair Dave Archambault II said the tribe “will ask the Court to shut down the pipeline operations immediately” while it undergoes further environmental review. A ruling could come on that demand in as soon as six weeks.

Related: Read Grist’s investigation of the paramilitary tactics used to track and target pipeline opponents.

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A judge rules that rushing approval for the Dakota Access Pipeline violated the law.

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Here’s What Montana Voters Are Waking Up to After Greg Gianforte’s Assault Charge

Mother Jones

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In the wake of Montana Republican congressional candidate Greg Gianforte’s alleged assault of a reporter Wednesday, all three of the state’s largest newspapers have withdrawn their endorsements of him. The papers, which include the Billings Gazette, Missoulian, and Independent Record, pulled their support within hours of the shocking incident, which came on the eve of Montana’s special election to fill the seat of Interior Secretary Ryan Zinke.

“If what was heard on tape and described by eye-witnesses is accurate, the incident in Bozeman is nothing short of assault,” an editorial from the Billings Gazette read. “We wouldn’t condone it if it happened on the street. We wouldn’t condone it if it happened in a home or even a late-night bar fight. And we couldn’t accept it from a man who is running to become Montana’s lone Congressional representative.”

Gianforte had touted the newspapers’ endorsements in a campaign video as recently as Wednesday morning.

On Wednesday evening, Guardian news reporter Ben Jacobs approached the GOP candidate with a question regarding the American Health Care Act. According to audio of their exchange, Gianforte quickly grew irritated by the question. Loud thuds can also be heard in the recording. Jacobs contacted the police and Gianforte was charged with assault for allegedly “body-slamming” him.

Shane Scanlon, a spokesman for the Republican candidate, released a statement calling Jacobs a “liberal reporter” and accused him of exhibiting “aggressive behavior.” However, three Fox reporters who witnessed the alleged attack confirmed Jacobs’ account and said they saw Gianforte grab Jacobs by the neck before pummeling him on the ground.

It remains to be seen, however, whether Gianforte’s alleged actions will have an effect on today’s race. Because of Montana’s absentee voter laws, most expected voters have already cast their ballots.

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Here’s What Montana Voters Are Waking Up to After Greg Gianforte’s Assault Charge

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Special Counsel Appointed for Trump-Russia Investigation

Mother Jones

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And then there was a special prosecutor. Late Wednesday afternoon, the Justice Department announced that Robert Mueller, who preceded James Comey as FBI director, would be appointed special counsel to investigate ties between Donald Trump’s presidential campaign and Russia.

“If the Special Counsel believes it is necessary and appropriate, the Special Counsel is authorized to prosecute federal crimes arising from the investigation of these matters,” the letter appointing Mueller says.

The decision was made by Deputy Attorney General Rod Rosenstein. The responsibility fell to him because Attorney General Jeff Sessions had to recuse himself from matters involving the Russia scandal after it was revealed that Sessions failed to disclose his meetings with the Russian ambassador during his Senate confirmation hearings.

Mueller was appointed to the FBI by former President George W. Bush; he led the bureau from 2001 to 2013.

“He’s totally incorruptible,” Dave Gomez, a former FBI agent who served nearly 30 years in the agency, says of Mueller. “And the agents and the executives at the FBI know and trust him to finish the job.”

Mueller assumes control of an investigation already well underway. NBC News reported Wednesday evening that there are now multiple grand jury subpoenas relating to Michael Flynn, Trump’s former National Security Advisor, and Paul Manafort, Trump’s ex-campaign manager.

“Special Counsel Mueller will have all appropriate resources to conduct a thorough and complete investigation,” Rosenstein said in a statement, “and I am confident that he will follow the facts, apply the law and reach a just result.”

Rosenstein reportedly didn’t clear the decision with the White House in advance, only giving Trump’s staff a 30-minute warning that the announcement was forthcoming.

The White House issued a brief statement from Trump following Wednesday’s announcement. (The president’s Twitter account, so far, has been unusually silent.)

This is a developing story that has been updated.

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Special Counsel Appointed for Trump-Russia Investigation

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Los Angeles Just Had the Most Expensive School Board Race Ever—and Betsy DeVos Couldn’t Be Happier

Mother Jones

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Charter school advocates landed a major victory Tuesday night, winning two seats on the Los Angeles Board of Education in the most expensive school board race in US history. Now, with charter supporters making up a majority of the board for the first time since 2010, the country’s second-largest school district could see a charter school expansion—just as it confronts a looming budget deficit and declining enrollment.

Charter-backed Nick Melvoin unseated board president Steve Zimmer, who was running for his third and final term, according to unofficial results. Kelly Gonez, a pro-reform candidate, declared victory late Tuesday night over Imelda Padilla.

The board election capped a long-standing battle between teachers’ unions and wealthy charter school proponents like former mayor Richard Riordan, Walmart heirs Alice and Jim Walton, former New York City mayor Michael Bloomberg, philanthropist and major charter backer Eli Broad, and Netflix CEO Reed Hastings, who gave $5 million to the California Charter Schools Association Advocates, a pro-charter PAC. Both sides attacked candidates in brutal advertisements—as of Wednesday, outside spending on the school board races reached more than $14 million, twice the amount spent in 2013, according to Los Angeles Ethics Commission campaign finance data.

The Los Angeles Unified School District already has more charter schools than any other district in the country, serving 16 percent of enrolled students. One of the first questions before the new school board could be whether to keep Superintendent Michelle King, an outspoken school choice proponent, who has been in office for 14 months.

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Los Angeles Just Had the Most Expensive School Board Race Ever—and Betsy DeVos Couldn’t Be Happier

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The New York Times Front Page on Comey Is Truly Remarkable

Mother Jones

President Donald Trump’s firing of FBI Director James Comey—the man overseeing the investigation into the Russia scandal—made huge news around the world. Here’s the remarkable front page of Wednesday’s New York Times:

And some other notable front pages:

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The New York Times Front Page on Comey Is Truly Remarkable

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Woman Convicted for Laughing During Jeff Sessions’ Confirmation Hearing

Mother Jones

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Three women involved with the activist group Code Pink were convicted Wednesday on disruption charges after protesting Attorney General Jeff Sessions’ Senate confirmation hearing in January. One of the women, Desiree Fairooz, was found guilty of “disorderly or disruptive” conduct for laughing at Sen. Richard Shelby’s (R-Ala.) claim that Sessions had a well-documented record of “treating all Americans equally under the law.”

Federal prosecutors said Fairooz’s laughing caused enough of a disruption to turn heads and divert attention from the hearing. They also accused her of provoking further disturbance when she protested her eventual ejection from the hearing.

The campaign director for Code Pink, Ariel Gold, who was sitting near Fairooz during the January 10 hearing, described the laughs as merely a “reflex” and said they were fainter than a cough. HuffPost‘s Ryan J. Reilly was also present at the hearing and recorded Fairooz’s removal:

The other two women convicted on Wednesday, Tighe Barry and Lenny Bianchi, were found guilty on “parading or demonstrating” charges after dressing in Ku Klux Klan robes for the hearing. The New York Times reports they were not convicted of the same disorderly conduct charge as Fairooz because they stood up in costume before the hearing officially began.

All three women pleaded not guilty to the charges. They face up to 12 months in prison each.

Sessions’ nomination to lead the Justice Department was highly contested. Critics claimed he had a history of racist comments and actions, including blocking black judges from serving in federal court and working to prevent black people from voting.

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Woman Convicted for Laughing During Jeff Sessions’ Confirmation Hearing

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Mexico Finally Has Donald Trump Figured Out

Mother Jones

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Yesterday Donald Trump suggested he might pull out of NAFTA entirely, then turned on a dime and agreed to begin negotiations instead over changes to the treaty. Mexico has finally figured him out:

On Wednesday, the suggestion from the White House that Mr. Trump was finalizing an executive order to begin the process of withdrawing the United States from NAFTA revealed a different, more experienced Mexico, one that was learning to live with what it considers Mr. Trump’s bluster and stagecraft — and not inclined to publicly react too quickly.

“It seems like he’s sitting at a poker table bluffing rather than making serious decisions,” said Senator Armando Ríos Piter, a Mexican legislator. “In front of a bluffer, you always have to maintain a firm and dignified position.”

Has Trump ever threatened to pull out of a deal and then followed through? We know that he talks a lot, and he’s quick to file lawsuits. But in, say, the past 20 years or so, has he ever made a great real estate deal? Has he ever threatened to pull out of a real estate deal, and then done so when the other side refused to meet his terms? Ever?

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Mexico Finally Has Donald Trump Figured Out

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4 Ways Trump’s Tax Plan Will Make the Trumps Even Richer

Mother Jones

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President Donald Trump revealed an outline of his big tax reform plan on Wednesday. It’s light on specifics and even lighter on details about how the administration might pay for what it describes as the “biggest tax cut” in US history. But one thing is perfectly clear: Trump and his family could save billions of dollars. Here are four ways Trump’s tax proposals would help people named Trump.

1. Eliminating the Estate Tax

The estate tax, which applies to wealth that deceased people pass on to their heirs, only affects the richest of the richest—roughly 0.2 percent of Americans. Individuals worth at least $5.45 million (or married couples worth at least $10.9 million) will owe estate taxes after their deaths. Currently, assets in excess of this $5.45 million exemption are taxed at 40 percent. President Donald Trump claims to be worth $10 billion, so his heirs could save billions if the estate tax disappears.

2. Eliminating the Alternative Minimum Tax

The alternative minimum tax requires certain taxpayers to calculate how much tax they owe twice—once using the regular income tax rules and again under AMT rules. Originally, the AMT was structured to prevent wealthy people from abusing the system by avoiding paying their fair share of taxes. We don’t know much about Trump’s taxes, but his 2005 returns, which were obtained by MSNBC, indicate the he earned $153 million that year. Without the AMT, Trump apparently would have paid just $7 million in taxes, according to the New York Times—a tax rate less than 5 percent. But the AMT forced him to pony up an additional $31 million that year, raising his tax rate to about 25 percent. Asked at a Wednesday press briefing how eliminating the AMT would impact Trump’s tax liability, Secretary of the Treasury Steven Mnuchin dodged the question and abruptly ended the briefing.

3. Slashing Tax Rates for Pass-Through Corporations

Many businesses are structured as pass-through companies, meaning that rather than filing taxes as corporations, they “pay taxes through the personal income tax code,” as the Times explains. Trump wants to cut the rate for pass-throughs (as well as for corporations) to just 15 percent, which will certainly enrich anyone named Trump. Since the Trump Organization is a collection of pass-throughs, the organization itself isn’t subject to income tax. Instead, the owners are taxed individually. So Trump and his children would only have to pay 15 percent on their earnings from the family organization in taxes, much lower than the current top rate of 39.6 percent.

4. Lowering the Individual Income Tax Rate

Trump wants to eliminate several tax brackets and lower the top individual tax rate from 39.6 percent to 35 percent. Under the new plan, there will be three tax brackets: 10 percent, 25 percent, and 35 percent. That could be a huge giveaway to the Trumps and other wealthy Americans who make millions of dollars each year.

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4 Ways Trump’s Tax Plan Will Make the Trumps Even Richer

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The Daily News Slams Sean Spicer’s Holocaust Remarks with Scathing Cover

Mother Jones

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White House press secretary Sean Spicer ignited a firestorm of controversy Tuesday, when he compared Adolf Hitler to Syrian dictator Bashar al Assad, and incorrectly claimed Hitler “didn’t even sink to using chemical weapons.” The false assertion, which was used to defend President Donald Trump’s military strike on a Syrian air base last week, quickly drew the ire of Democrats and prominent Jewish groups, including the Anne Frank Center for Mutual Respect.

On Wednesday, the Daily News dedicated its front page to condemning Spicer for the remarks. The New York paper also featured a scathing editorial demanding he resign from his post over the latest gaffe:

Spicer apologized for the remarks, and said that he did not wish to become a “distraction” to Trump’s agenda.

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The Daily News Slams Sean Spicer’s Holocaust Remarks with Scathing Cover

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