truthout--2020-09-02--Fracking Company Has Made It Rain Toxic Water Upon New Mexico Without Penalty

Penny Aucoin , her husband Carl Dee George , their son Gideon and their daughter Skyler have had their lives devastated by the fracking industry .
There was no oil and gas infrastructure where they lived when they moved to Carlsbad , New Mexico .
But six years ago , during a massive expansion of drilling across the Permian Basin that spans West Texas and southeastern New Mexico — one of the most prolific oil and gas basins in the United States — the drilling began .
It was so loud they had to provide hearing protection for Skyler .
@ @ @ @ @ @ @ birds began literally falling out of the sky right next to their home , and one of their chickens died .
Shortly after that , Penny began feeling the health impacts .
Blisters appeared on her face as more drilling pads were installed , some of them literally across the street from their home .
Their bedroom walls shook as the drilling pads were constructed nearby , installing both a physical and psychological invasion on the family home .
Skyler started having nosebleeds , respiratory issues beset them all , and Penny had @ @ @ @ @ @ @ on his tongue .
Then , when a pipeline near their home burst this January , they , along with their home and their animals were showered with toxic chemicals .
When they walked outside to investigate the bang they heard , which was followed by gushing fluids , they believed it was raining .
But what they thought was rain was , in fact , “ produced water , ” the byproduct of fracking .
According to the American Geosciences Institute , this toxic byproduct is full of corrosive salts , oil @ @ @ @ @ @ @ ) , fracking chemicals , bacteria and dissolved organic compounds .
These proprietary chemical blends created by industry and protected under trade secret law are highly carcinogenic .
Since then , the family ’ s days are filled with doctor ’ s appointments , and Carl , a veteran , regularly visits the VA in Albuquerque , hoping the nodule on his tongue doesn ’ t turn into cancer .
Any dream of their life returning to what it was before the oil and gas invasion is long gone , and now it @ @ @ @ @ @ @ are just one family who are paying the price for a virtually unregulated drilling and fracking industry that has created one of the largest environmental disasters of modern times .
A report by Physicians for Social Responsibility released in 2019 outlines , in detail , the dire health impacts caused by fracking .
The many public health effects it cites include these examples : The Environmental Defense Fund ( EDF ) recently released a Permian Basin-wide study on the emissions of methane and other volatile organic compounds .
The study found methane releases @ @ @ @ @ @ @ times that which was reported nationally by the Environmental Protection Agency .
Furthermore , the EDF found a leak rate 15 times higher than the goal set by the Oil and Gas Climate Initiative , a group of 10 oil and gas CEOs representing one quarter of the industry ’ s entire global production .
The group committed to investing in projects that will accelerate commercial deployment of low-carbon energy technologies .
The amount of wasted gas alone could meet the energy needs of every home in Dallas and Houston combined , and @ @ @ @ @ @ @ New Mexican taxpayers as much as $ 43 million in revenue , annually .
It is against that backdrop that a Harvard nationwide study recently revealed a link between air pollution and higher rates of COVID-19 deaths .
“ The results of this paper suggest that long-term exposure to air pollution increases vulnerability to experiencing the most severe Covid-19 outcomes , ” the authors wrote .
Direct assaults from air and environmental pollution , noise impacts , and chemical exposure for anyone living within 200 feet of oil and gas infrastructure are known @ @ @ @ @ @ @ asthma , heart disease , and injury to small children , pregnant women and fetuses .
Now , in addition to these health threats , Penny Aucoin and her family are faced with the reality that they are more than twice as likely to contract COVID-19 compared to people not living among oil and gas drilling and fracking operations .
Adding insult to injury , Williams Production and Exploration Energy , Inc. ( WPX ) , based in Tulsa , Oklahoma , and the company responsible for the burst pipeline , offered to @ @ @ @ @ @ @ water bowl , and told them to keep the chickens off the ground for five days .
That advice was contradicted by people from the Department of Health , the Eddy County Extension Office ( Agriculture ) , and their vet who all deemed their yard too dangerous for the animals .
Aucoin moved the family ’ s chickens and goat to the vet after the pipeline burst .
Those officials , and the vet herself , all told Aucoin to have the chickens put down and not to eat the eggs .
@ @ @ @ @ @ @ grow food on the land because it is contaminated , ” Aucoin told Truthout .
While WPX paid for the boarding at the vet , “ they only offered us an insulting amount of money for compensation for everything , ” Aucoin said .
“ But that doesn ’ t compensate us for the property damage , nor does it take into account our ongoing sickness , or having to move and start all over.
” “ Now , because the land is contaminated , we can ’ t grow food or eat @ @ @ @ @ @ @ .
“ But we are still here , seven months later , and we are still in it .
They didn ’ t evacuate us , or remediate the property.
” WPX does not have to release relevant health and toxicity information to the family about the contaminated water that rained down upon them because the makeup of this so-called “ produced water ” is considered proprietary .
Aucoin and her family have received no assistance from the State of New Mexico , and no actions have been brought against WPX by New @ @ @ @ @ @ @ her relevant governmental “ regulatory ” groups .
The Oil Conservation Division ( OCD ) performed no independent investigation of the incident and closed the case against WPX without a warning , fine , civil or criminal penalty , or revocation of their permit to drill .
Since Governor Lujan Grisham took office in early 2019 , there have been 87 incidents , some of them major , by WPX alone .
WPX has a history of egregious failures , which wouldn ’ t have been possible without complicity of several New Mexico @ @ @ @ @ @ @ July 2016 , 36 of WPX ’ s oil and “ produced water ” tanks caught fire in San Juan County , setting off several explosions and causing the closure of a nearby highway .
New Mexico ’ s OCD had approved the development of the site , despite warnings about the company .
“ WPX Energy scored near the bottom of the industry in a recent scorecard report published by investors benchmarking 35 companies on their disclosed efforts to mitigate key impacts , ” advisory firm Green Century Funds wrote in 2015 @ @ @ @ @ @ @ the past over allegations that it irreparably contaminated local drinking water in Pennsylvania.
” In November 2019 , a pipeline failure at a WPX well caused a large amount of “ produced water ” to be released into a nearby pasture .
Despite the fact that an initial estimate of thousands of gallons of potentially carcinogenic produced wastewater were released onto an adjacent farm , neither the governor , New Mexico Environmental Department ( NMED ) , Energy Minerals Natural Resource Department ( EMNRD ) , nor OCD required WPX to even notify @ @ @ @ @ @ @ hazardous release .
OCD later downgraded the total amount of “ produced water ” that was lost to 1,260 gallons , but the case remains open .
Of the aforementioned 87 self-reported spills in New Mexico that have occurred since Governor Lujan Grisham took office , most of these have been fracked waste water and crude oil , with a total volume of at least 169,470 gallons , with WPX stating the majority of the incidents resulted from “ equipment failure.
” Evidence gathered in preparation of a potential lawsuit by the Aucoin @ @ @ @ @ @ @ that WPX has repeatedly failed to take actions to mitigate harm to both people and the environment , and that the aforementioned New Mexico state entities , which are tasked with protecting citizens and the environment and overseeing the oil and gas industry in the state , have “ repeatedly failed to hold WPX and other Oil and Gas companies accountable for committing that harm , ” according to research conducted for the family .
The findings of the evidence also show numerous and egregious environmental violations WPX has carried out both in @ @ @ @ @ @ @ has been involved in numerous lawsuits that have alleged egregious environmental violations , particularly regarding water contamination .
In one instance on February 27 , 2017 , the Pennsylvania Department of Environmental Protection fined WPX Energy Appalachia $ 1.2 million for contaminating drinking water .
In just one source alone , “ Hydraulic Fracturing Tort Litigation Summary ” published on July 15 , there were at least three other lawsuits against WPX .
One example that is eerily similar to the issues WPX is involved with in New Mexico , on page 52 @ @ @ @ @ @ @ On July 2 , 2015 , the Pennsylvania Department of Environmental Protection ordered WPX Energy Appalachia LLC to restore or replace the water supply of Virginia and Glen Kalp after determining that WPX ’ s fracking activities were responsible for contamination of the water.
” WPX is not alone in their malfeasance ; since Governor Lujan Grisham took office two years ago , at least 901 incidents have been reported by the 10 largest companies operating in New Mexico .
Other major violators include XTO Energy , which has had , at the @ @ @ @ @ @ @ in the same time period ; Devon Energy , which has had 165 ; and Oxy USA with 153 .
The findings also reveal that Governor Lujan Grisham and all the relevant state agencies responsible took “ little to no action … to supervise , monitor , control , or penalize the companies , ” even for “ major ” incidents ” which were most commonly spills of “ produced water , ” natural gas , or crude oil .
The State of New Mexico does not even have legal standards for some @ @ @ @ @ @ @ toxic wastewater produced by fracking .
The State of New Mexico holds all natural resources within its borders in public trust for the benefit of the people of New Mexico .
The way Penny Aucoin sees it , the State of New Mexico has , according to their complaint , “ failed in its fiduciary duty to recognize and prevent substantial impairment to the environment , control of pollution and control despoilment of the air , water , and other natural resources in violation of its Constitutional and statutory duties , thereby injuring @ @ @ @ @ @ @ are charged with the protection of New Mexico ’ s air , land and water , and are “ obligated to monitor , regulate , control , and enforce against oil and gas pollution ” have failed in that responsibility causing injury to Aucoin and her family , as well as all New Mexicans .
Due to WPX ’ s contamination of Aucoin ’ s family and property with toxic , carcinogenic and other ultra-hazardous materials , they have suffered the usual things people suffer from when they live in the impact zone @ @ @ @ @ @ @ loss of the use and enjoyment of their property and their living space , loss of health , loss of quality of life , emotional distress , and other damages .
They have no idea what the long-term impacts of their exposure will be , but the risks associated with long-term exposure to volatile organic compounds like benzene , toluene , ethylbenzene and xylenes — including growth reduction , cancer and birth impacts like low birth weight — are well known .
What makes Aucoin ’ s potential lawsuit special is that it @ @ @ @ @ @ @ oil and gas extraction in New Mexico , as well as all of the state entities complicit with the oil and gas companies engaging in fracking .
In the company ’ s own words , WPX is “ focused on profitably exploiting , developing and growing our oil positions in the Williston Basin in North Dakota and the Permian and San Juan Basins , ” and includes ownership , operation , construction , drilling , hydraulic fracturing , production and maintenance of certain natural gas wells .
Aucoin ’ s and her family @ @ @ @ @ @ @ these very activities .
The NMED , EMNRD and OCD are all obligated to monitor , supervise , regulate , control and enforce against oil and gas pollution .
Yet they all have grossly failed their responsibility to do so .
None of them ever issued compliance actions , required remediation plans , assessed penalties , suspended permits , or launched civil or criminal actions against WPX or any other bad actors in the oil and gas industry in New Mexico .
This means that the government entities and their negligence of their @ @ @ @ @ @ @ harms to Aucoin and her family , as well as depriving them of their rights , which are protected by New Mexico ’ s laws and constitution .
“ Additionally , although not authorized by written law , such practices of extreme leniency , ” reads the complaint , “ including failure to investigate , failure to execute effective measures of enforcement or penalize violations , meaning that there are no proper proceedings for redress , by Defendant governmental entities , are so permanent and well settled as to constitute a ‘ custom @ @ @ @ @ @ @ law that encourage a ‘ wild west ’ or ‘ anything goes ’ environment that WPX and other oil and gas entities enjoy which caused the injuries to Plaintiffs.
” The harms aren ’ t just to human health .
The toll on the state ’ s water resources is significant .
New Mexico is already facing extreme water scarcity exacerbated alongside the climate crisis .
Drilling one well required more than 11 million gallons of water per day in 2016 , which is enough to fill 17 Olympic-size swimming pools , according @ @ @ @ @ @ @ barrel of oil produced , four barrels of toxic “ produced water ” come with it .
“ Produced water ” presents a dangerous and costly waste issue .
According to the NMED , in 2018 , New Mexico wells generated 42 billion gallons of this toxic wastewater , which is enough to cover 8,000 football fields with a foot of water every day .
High levels of carcinogenic and radioactive fracking waste have already contaminated New Mexico ’ s lands and waterways .
According to the OCD , there were 1,523 reported @ @ @ @ @ @ @ which is roughly one spill every six hours .
Already in 2020 , 1.6 million gallons of produced waste liquid have been released , according to industry self-reporting .
These “ spills ” and “ releases ” are not considered a violation of any law , and operators face no punitive consequences .
What is the state ’ s answer to this ever-increasing waste problem ?
OCD released a proposed rule amendment in July with new mandates established in the state Produced Water Act , which was signed into law in 2019 .
@ @ @ @ @ @ @ House Speaker Brian Egolf as one of the greatest environmental achievements in the state ’ s history , but critics have raised concerns that the Produced Water Act and subsequent rule-making could open the door for carcinogenic and radioactive fracking waste fluids to be “ re-purposed ” in other sectors , such as road construction and management , and even irrigation .
Whether that is the intention of the bill ’ s sponsors is unclear .
Speaker Egolf submitted written comments to the OCD , according to research for the Aucoin family , @ @ @ @ @ @ @ take care in the crafting of these regulations to ensure that none of the rules and regulations adopted pursuant to House Bill 546 inadvertently allow or purport to permit any use , application , or discharge of produced water outside of oil and gas operations .
The people of New Mexico will be best served by the adoption of stringent regulations of produced water that put public health and safety first and clearly state that any use of produced water outside of oil and gas operations is prohibited.
” However , a public @ @ @ @ @ @ @ with industry on “ pilot projects ” for off-field application before the state ’ s Consortium on Produced Water has completed a public safety review .
Experts at the two-day hearing also pointed out that restricting produced water ’ s reuse to the “ oilfield ” is a legal fiction : What constitutes the oil field ?
Penny , Carl , Gideon and Skyler ’ s home is technically outside of the well pad — but that didn ’ t protect them from the impacts of exposure .
The Aucoin/George family , like @ @ @ @ @ @ @ inside a checkerboard of “ oil and gas operations.
” When asked what WPX is doing to compensate or “ make whole ” the Aucoin/George family for their ongoing health issues , and the fact that the family no longer feels safe living where they do because of the proximity to the oil and gas operations , WPX spokesperson Kelly Swan told Truthout , “ It ’ s difficult to ascertain the status of their health situation without undertaking an extensive discovery process , which would include an examination of historical medical records @ @ @ @ @ @ @ Aucoin family publicly testified in October 2019 about blisters , headaches , asthma and nosebleeds .
Those conditions obviously pre-date the rupture that occurred on our water line near their property in January 2020.
” Swan stated that since the accident , WPX has repaired the line and conducted safety and pressure tests , buried part of the line that was aboveground , and shut the oil well that fed the line .
He also said soil testing and remediation was conducted , and the results were reported to OCD .
“ Data @ @ @ @ @ @ @ from the tear in the line that may have impacted the family ’ s property has been remediated and cleaned up to NMOCD standards , ” Swan said .
“ On Aug. 4 , the NMOCD approved the completion of our remediation work.
” When asked what his company is doing to remedy what appears to be a history of accidents , spills and contaminating water sources , Swan said : He added that his company spends millions of dollars on prevention , maintenance , training and research into the causes of spills @ @ @ @ @ @ @ reduced the volume of its spills by 29 percent compared to 2018 .
As for what WPX is doing to compensate the Aucoin/George family , Swan said , “ WPX had someone on-site to shut-in the well and stop the release within 24 minutes of learning about the incident .
We have remained engaged with the family ever since and will continue to address their claims.
” Meanwhile , Penny , Carl and Skyler ’ s nosebleeds , headaches and rashes continue .
Gideon , their son , will soon have his nose @ @ @ @ @ @ @ the nosebleeds , and Carl ’ s skin rashes have spread across his back and shoulders .
Aucoin wants WPX to make things right , but also simply wants acknowledgement of the suffering that has been caused to her family .
“ We want them to realize we are people , and that they ’ ve ruined our lives , ” she said .
“ They need to get us out of there and move us to a safe place.
” Carl told Truthout that WPX needs to “ replace all that we @ @ @ @ @ @ @ loss of his family ’ s home , and strained relations within his family .
“ This has ruined our lives in so many different ways , ” Aucoin said .
“ Our health , family relations , financial problems , literally all aspects of our lives .
It has become a living nightmare .
It ’ s like the company does not realize how they have impacted and changed every aspect of our lives.
” New Mexico is faced with this fundamental issue : Does it fill its coffers with blood money @ @ @ @ @ @ @ in order to reap funding from the oil and gas industry ?
Or does it hold accountable an entire industry that is poisoning its people and the Land of Enchantment ?
New Mexico ’ s current administration has chosen the former .

Penny Aucoin, her husband Carl Dee George, their son Gideon and their daughter Skyler have had their lives devastated by the fracking industry.
There was no oil and gas infrastructure where they lived when they moved to Carlsbad, New Mexico. But six years ago, during a massive expansion of drilling across the Permian Basin that spans West Texas and southeastern New Mexico — one of the most prolific oil and gas basins in the United States — the drilling began.
It was so loud they had to provide hearing protection for Skyler. Then when the flaring commenced, dead birds began literally falling out of the sky right next to their home, and one of their chickens died.
Shortly after that, Penny began feeling the health impacts. Blisters appeared on her face as more drilling pads were installed, some of them literally across the street from their home. Their bedroom walls shook as the drilling pads were constructed nearby, installing both a physical and psychological invasion on the family home. Skyler started having nosebleeds, respiratory issues beset them all, and Penny had ongoing headaches. Carl discovered a nodule on his tongue.
Then, when a pipeline near their home burst this January, they, along with their home and their animals were showered with toxic chemicals. When they walked outside to investigate the bang they heard, which was followed by gushing fluids, they believed it was raining. But what they thought was rain was, in fact, “produced water,” the byproduct of fracking. According to the American Geosciences Institute, this toxic byproduct is full of corrosive salts, oil residues (oil is a hazardous material), fracking chemicals, bacteria and dissolved organic compounds. These proprietary chemical blends created by industry and protected under trade secret law are highly carcinogenic.
Since then, the family’s days are filled with doctor’s appointments, and Carl, a veteran, regularly visits the VA in Albuquerque, hoping the nodule on his tongue doesn’t turn into cancer. Any dream of their life returning to what it was before the oil and gas invasion is long gone, and now it is a matter of survival.
What they thought was rain was, in fact, “produced water,” the byproduct of fracking, full of corrosive salts, oil residues, fracking chemicals, bacteria and dissolved organic compounds.
They are just one family who are paying the price for a virtually unregulated drilling and fracking industry that has created one of the largest environmental disasters of modern times.
A report by Physicians for Social Responsibility released in 2019 outlines, in detail, the dire health impacts caused by fracking. The many public health effects it cites include these examples:
In Pennsylvania, hospitalizations for pneumonia among the elderly are elevated in areas of fracking activity, and one study found significantly elevated rates of bladder and thyroid cancers. In Colorado, children and young adults with leukemia were 4.3 times more likely to live in an area dense with oil and gas wells. Drilling and fracking operations in multiple states are variously correlated with increased rates of asthma; increased hospitalizations for pneumonia and kidney, bladder, and skin problems; high blood pressure and signs of cardiovascular disease; elevated motor vehicle fatalities; symptoms of depression; ambulance runs and emergency room visits.
The Environmental Defense Fund (EDF) recently released a Permian Basin-wide study on the emissions of methane and other volatile organic compounds. The study found methane releases across the Permian at a rate three times that which was reported nationally by the Environmental Protection Agency. Furthermore, the EDF found a leak rate 15 times higher than the goal set by the Oil and Gas Climate Initiative, a group of 10 oil and gas CEOs representing one quarter of the industry’s entire global production. The group committed to investing in projects that will accelerate commercial deployment of low-carbon energy technologies. The amount of wasted gas alone could meet the energy needs of every home in Dallas and Houston combined, and the EDF estimates these methane emissions cost New Mexican taxpayers as much as $43 million in revenue, annually.
It is against that backdrop that a Harvard nationwide study recently revealed a link between air pollution and higher rates of COVID-19 deaths. “The results of this paper suggest that long-term exposure to air pollution increases vulnerability to experiencing the most severe Covid-19 outcomes,” the authors wrote.
A Harvard nationwide study recently revealed a link between air pollution and higher rates of COVID-19 deaths.
Direct assaults from air and environmental pollution, noise impacts, and chemical exposure for anyone living within 200 feet of oil and gas infrastructure are known to bring cancer, respiratory diseases, asthma, heart disease, and injury to small children, pregnant women and fetuses.
Now, in addition to these health threats, Penny Aucoin and her family are faced with the reality that they are more than twice as likely to contract COVID-19 compared to people not living among oil and gas drilling and fracking operations.
Adding insult to injury, Williams Production and Exploration Energy, Inc. (WPX), based in Tulsa, Oklahoma, and the company responsible for the burst pipeline, offered to buy them a new chicken coop and water bowl, and told them to keep the chickens off the ground for five days. That advice was contradicted by people from the Department of Health, the Eddy County Extension Office (Agriculture), and their vet who all deemed their yard too dangerous for the animals. Aucoin moved the family’s chickens and goat to the vet after the pipeline burst. Those officials, and the vet herself, all told Aucoin to have the chickens put down and not to eat the eggs. “They also told us not to grow food on the land because it is contaminated,” Aucoin told Truthout.
While WPX paid for the boarding at the vet, “they only offered us an insulting amount of money for compensation for everything,” Aucoin said. “But that doesn’t compensate us for the property damage, nor does it take into account our ongoing sickness, or having to move and start all over.”
“Now, because the land is contaminated, we can’t grow food or eat from the animals,” Aucoin said. “But we are still here, seven months later, and we are still in it. They didn’t evacuate us, or remediate the property.”
WPX does not have to release relevant health and toxicity information to the family about the contaminated water that rained down upon them because the makeup of this so-called “produced water” is considered proprietary.
Aucoin and her family have received no assistance from the State of New Mexico, and no actions have been brought against WPX by New Mexico Gov. Michelle Lujan Grisham and her relevant governmental “regulatory” groups. The Oil Conservation Division (OCD) performed no independent investigation of the incident and closed the case against WPX without a warning, fine, civil or criminal penalty, or revocation of their permit to drill.
A History of Environmental Destruction
Since Governor Lujan Grisham took office in early 2019, there have been 87 incidents, some of them major, by WPX alone.
WPX has a history of egregious failures, which wouldn’t have been possible without complicity of several New Mexico authorities, including the governor.
WPX does not have to release relevant health and toxicity information because the makeup of this so-called “produced water” is considered proprietary.
In July 2016, 36 of WPX’s oil and “produced water” tanks caught fire in San Juan County, setting off several explosions and causing the closure of a nearby highway. New Mexico’s OCD had approved the development of the site, despite warnings about the company.
“WPX Energy scored near the bottom of the industry in a recent scorecard report published by investors benchmarking 35 companies on their disclosed efforts to mitigate key impacts,” advisory firm Green Century Funds wrote in 2015, “and has faced controversy in the past over allegations that it irreparably contaminated local drinking water in Pennsylvania.”
In November 2019, a pipeline failure at a WPX well caused a large amount of “produced water” to be released into a nearby pasture. Despite the fact that an initial estimate of thousands of gallons of potentially carcinogenic produced wastewater were released onto an adjacent farm, neither the governor, New Mexico Environmental Department (NMED), Energy Minerals Natural Resource Department (EMNRD), nor OCD required WPX to even notify the adjacent property owner of the potentially hazardous release. OCD later downgraded the total amount of “produced water” that was lost to 1,260 gallons, but the case remains open.
Of the aforementioned 87 self-reported spills in New Mexico that have occurred since Governor Lujan Grisham took office, most of these have been fracked waste water and crude oil, with a total volume of at least 169,470 gallons, with WPX stating the majority of the incidents resulted from “equipment failure.”
Evidence gathered in preparation of a potential lawsuit by the Aucoin family, provided to Truthout, shows that WPX has repeatedly failed to take actions to mitigate harm to both people and the environment, and that the aforementioned New Mexico state entities, which are tasked with protecting citizens and the environment and overseeing the oil and gas industry in the state, have “repeatedly failed to hold WPX and other Oil and Gas companies accountable for committing that harm,” according to research conducted for the family.
The findings of the evidence also show numerous and egregious environmental violations WPX has carried out both in and outside of New Mexico.
Since Governor Lujan Grisham took office two years ago, at least 901 incidents have been reported by the 10 largest companies operating in New Mexico.
WPX has been involved in numerous lawsuits that have alleged egregious environmental violations, particularly regarding water contamination. In one instance on February 27, 2017, the Pennsylvania Department of Environmental Protection fined WPX Energy Appalachia $1.2 million for contaminating drinking water.
In just one source alone, “Hydraulic Fracturing Tort Litigation Summary” published on July 15, there were at least three other lawsuits against WPX. One example that is eerily similar to the issues WPX is involved with in New Mexico, on page 52 of the document, reads: “On July 2, 2015, the Pennsylvania Department of Environmental Protection ordered WPX Energy Appalachia LLC to restore or replace the water supply of Virginia and Glen Kalp after determining that WPX’s fracking activities were responsible for contamination of the water.”
WPX is not alone in their malfeasance; since Governor Lujan Grisham took office two years ago, at least 901 incidents have been reported by the 10 largest companies operating in New Mexico. Other major violators include XTO Energy, which has had, at the time of this writing, 280 incidents in the same time period; Devon Energy, which has had 165; and Oxy USA with 153.
The findings also reveal that Governor Lujan Grisham and all the relevant state agencies responsible took “little to no action … to supervise, monitor, control, or penalize the companies,” even for “major” incidents” which were most commonly spills of “produced water,” natural gas, or crude oil.
Failure to Regulate
The State of New Mexico does not even have legal standards for some of the top carcinogens found in the toxic wastewater produced by fracking.
New Mexico does not even have legal standards for some of the top carcinogens found in the toxic wastewater produced by fracking.
The State of New Mexico holds all natural resources within its borders in public trust for the benefit of the people of New Mexico. The way Penny Aucoin sees it, the State of New Mexico has, according to their complaint, “failed in its fiduciary duty to recognize and prevent substantial impairment to the environment, control of pollution and control despoilment of the air, water, and other natural resources in violation of its Constitutional and statutory duties, thereby injuring these Plaintiffs.”
The very agencies that are charged with the protection of New Mexico’s air, land and water, and are “obligated to monitor, regulate, control, and enforce against oil and gas pollution” have failed in that responsibility causing injury to Aucoin and her family, as well as all New Mexicans.
Due to WPX’s contamination of Aucoin’s family and property with toxic, carcinogenic and other ultra-hazardous materials, they have suffered the usual things people suffer from when they live in the impact zone of the oil and gas industry: loss of the use and enjoyment of their property and their living space, loss of health, loss of quality of life, emotional distress, and other damages. They have no idea what the long-term impacts of their exposure will be, but the risks associated with long-term exposure to volatile organic compounds like benzene, toluene, ethylbenzene and xylenes — including growth reduction, cancer and birth impacts like low birth weight — are well known.
What makes Aucoin’s potential lawsuit special is that it is challenging the entire fracking method of oil and gas extraction in New Mexico, as well as all of the state entities complicit with the oil and gas companies engaging in fracking.
In the company’s own words, WPX is “focused on profitably exploiting, developing and growing our oil positions in the Williston Basin in North Dakota and the Permian and San Juan Basins,” and includes ownership, operation, construction, drilling, hydraulic fracturing, production and maintenance of certain natural gas wells.
Aucoin’s and her family’s claims arise precisely out of these very activities.
The NMED, EMNRD and OCD are all obligated to monitor, supervise, regulate, control and enforce against oil and gas pollution. Yet they all have grossly failed their responsibility to do so. None of them ever issued compliance actions, required remediation plans, assessed penalties, suspended permits, or launched civil or criminal actions against WPX or any other bad actors in the oil and gas industry in New Mexico. This means that the government entities and their negligence of their official policy responsibilities have directly caused the harms to Aucoin and her family, as well as depriving them of their rights, which are protected by New Mexico’s laws and constitution.
The harms aren’t just to human health. The toll on the state’s water resources is significant.
“Additionally, although not authorized by written law, such practices of extreme leniency,” reads the complaint, “including failure to investigate, failure to execute effective measures of enforcement or penalize violations, meaning that there are no proper proceedings for redress, by Defendant governmental entities, are so permanent and well settled as to constitute a ‘custom or usage’ with the force of law that encourage a ‘wild west’ or ‘anything goes’ environment that WPX and other oil and gas entities enjoy which caused the injuries to Plaintiffs.”
The harms aren’t just to human health. The toll on the state’s water resources is significant. New Mexico is already facing extreme water scarcity exacerbated alongside the climate crisis. Drilling one well required more than 11 million gallons of water per day in 2016, which is enough to fill 17 Olympic-size swimming pools, according to one study.
And for every barrel of oil produced, four barrels of toxic “produced water” come with it. “Produced water” presents a dangerous and costly waste issue. According to the NMED, in 2018, New Mexico wells generated 42 billion gallons of this toxic wastewater, which is enough to cover 8,000 football fields with a foot of water every day. High levels of carcinogenic and radioactive fracking waste have already contaminated New Mexico’s lands and waterways. According to the OCD, there were 1,523 reported spills in New Mexico in 2018, which is roughly one spill every six hours. Already in 2020, 1.6 million gallons of produced waste liquid have been released, according to industry self-reporting. These “spills” and “releases” are not considered a violation of any law, and operators face no punitive consequences.
What is the state’s answer to this ever-increasing waste problem? OCD released a proposed rule amendment in July with new mandates established in the state Produced Water Act, which was signed into law in 2019. The law was hailed by New Mexico House Speaker Brian Egolf as one of the greatest environmental achievements in the state’s history, but critics have raised concerns that the Produced Water Act and subsequent rule-making could open the door for carcinogenic and radioactive fracking waste fluids to be “re-purposed” in other sectors, such as road construction and management, and even irrigation. Whether that is the intention of the bill’s sponsors is unclear.
Speaker Egolf submitted written comments to the OCD, according to research for the Aucoin family, stating, “I urge you to take care in the crafting of these regulations to ensure that none of the rules and regulations adopted pursuant to House Bill 546 inadvertently allow or purport to permit any use, application, or discharge of produced water outside of oil and gas operations. The people of New Mexico will be best served by the adoption of stringent regulations of produced water that put public health and safety first and clearly state that any use of produced water outside of oil and gas operations is prohibited.”
However, a public records request revealed the OCD is working with industry on “pilot projects” for off-field application before the state’s Consortium on Produced Water has completed a public safety review. Experts at the two-day hearing also pointed out that restricting produced water’s reuse to the “oilfield” is a legal fiction: What constitutes the oil field? Penny, Carl, Gideon and Skyler’s home is technically outside of the well pad — but that didn’t protect them from the impacts of exposure. The Aucoin/George family, like tens of thousands of others, live inside a checkerboard of “oil and gas operations.”
Searching for Justice
Already in 2020, 1.6 million gallons of produced waste liquid have been released. These “spills” and “releases” are not considered a violation of any law, and operators face no punitive consequences.
When asked what WPX is doing to compensate or “make whole” the Aucoin/George family for their ongoing health issues, and the fact that the family no longer feels safe living where they do because of the proximity to the oil and gas operations, WPX spokesperson Kelly Swan told Truthout, “It’s difficult to ascertain the status of their health situation without undertaking an extensive discovery process, which would include an examination of historical medical records. However, a member of the Aucoin family publicly testified in October 2019 about blisters, headaches, asthma and nosebleeds. Those conditions obviously pre-date the rupture that occurred on our water line near their property in January 2020.”
Swan stated that since the accident, WPX has repaired the line and conducted safety and pressure tests, buried part of the line that was aboveground, and shut the oil well that fed the line. He also said soil testing and remediation was conducted, and the results were reported to OCD.
“Data from this work confirms that any misting from the tear in the line that may have impacted the family’s property has been remediated and cleaned up to NMOCD standards,” Swan said. “On Aug. 4, the NMOCD approved the completion of our remediation work.”
When asked what his company is doing to remedy what appears to be a history of accidents, spills and contaminating water sources, Swan said:
In 2019, WPX had 366 spills while managing more than 188 million barrels of produced water and oil on our drilling and production sites in Texas, New Mexico and North Dakota. That’s enough liquid to fill about 12,000 Olympic-sized swimming pools. Of that amount, we kept 99.988% of the water and oil where it was supposed to be — in pipes, tanks, equipment, trucks, etc. In addition to state reporting requirements, we make this information publicly available in an ESG report on our website.
He added that his company spends millions of dollars on prevention, maintenance, training and research into the causes of spills, and that in 2019, WPX reduced the volume of its spills by 29 percent compared to 2018.
As for what WPX is doing to compensate the Aucoin/George family, Swan said, “WPX had someone on-site to shut-in the well and stop the release within 24 minutes of learning about the incident. We have remained engaged with the family ever since and will continue to address their claims.”
Meanwhile, Penny, Carl and Skyler’s nosebleeds, headaches and rashes continue. Gideon, their son, will soon have his nose cauterized again in an attempt to stem the nosebleeds, and Carl’s skin rashes have spread across his back and shoulders.
Aucoin wants WPX to make things right, but also simply wants acknowledgement of the suffering that has been caused to her family.
“We want them to realize we are people, and that they’ve ruined our lives,” she said. “They need to get us out of there and move us to a safe place.”
Carl told Truthout that WPX needs to “replace all that we’ve lost,” including the loss of his family’s home, and strained relations within his family.
“This has ruined our lives in so many different ways,” Aucoin said. “Our health, family relations, financial problems, literally all aspects of our lives. It has become a living nightmare. It’s like the company does not realize how they have impacted and changed every aspect of our lives.”
New Mexico is faced with this fundamental issue: Does it fill its coffers with blood money, sacrificing the health of its people in order to reap funding from the oil and gas industry? Or does it hold accountable an entire industry that is poisoning its people and the Land of Enchantment?
New Mexico’s current administration has chosen the former.
Tired of reading the same old news from the same old sources? So are we! That’s why we’re on a mission to shake things up and bring you the stories and perspectives that often go untold in mainstream media. But being a radically, unapologetically independent news site isn’t easy (or cheap), and we rely on reader support to keep the lights on.
If you like what you’re reading, please consider making a tax-deductible donation today. We’re not asking for a handout, we’re asking for an investment: Invest in a nonprofit news site that’s not afraid to ruffle a few feathers, not afraid to stand up for what’s right, and not afraid to tell it like it is.
Copyright © Truthout. May not be reprinted without permission.


truthout--2020-09-02--Kenosha Journalist Quits Over Misleading Coverage of Jacob Blake Protests

The mainstream media ’ s role in perpetuating racism has come under increased scrutiny during the nationwide uprisings against injustice , leading to resignations and firings at news outlets across the country and calls for more diverse newsrooms .
Daniel Thompson , the former digital editor at Kenosha News , says that ’ s what led him to quit his job after his news outlet ran a misleading headline and article about a peaceful Jacob Blake protest that focused almost exclusively on one speaker ’ s threat of violence .
“ Now more than ever for the media , it @ @ @ @ @ @ @ a full , accurate picture.
” says Thompson .
“ I don ’ t think the situation happened out of any malicious intent .
I think it was simply ignorance and a lack of diversity or diverse voices that were part of the decision.
” This is a rush transcript .
Copy may not be in its final form .
AMY GOODMAN : This is Democracy Now !
The Quarantine Report .
I ’ m Amy Goodman .
President Trump traveled to Kenosha , Wisconsin , Tuesday despite fierce opposition to his visit @ @ @ @ @ @ @ first Black lieutenant governor and Kenosha ’ s mayor .
Kenosha erupted in protests last week after the police shot Jacob Blake at point-blank range in the back at least seven times , leaving him paralyzed .
During the protests , a 17-year-old white vigilante armed with a semiautomatic rifle killed two protesters and injured a third .
Trump has refused to condemn the killings .
During his visit to Kenosha , Trump did not meet with Jacob Blake ’ s family or directly mention Jacob Blake ’ s name .
Trump also @ @ @ @ @ @ @ shoot with golfers who choke .
AMY GOODMAN : And that word “ choke ” is not lost on many .
While many in the mainstream media talk about golfers choking over a three-foot putt , many are talking about George Floyd being choked to death , and Eric Garner and so many other African Americans in the custody of police , choked by police .
During his visit , Trump also repeated the falsehood that he ordered the National Guard to Kenosha , when in fact it was the state ’ s @ @ @ @ @ @ @ s uncle , Justin Blake , speaking at a rally in Kenosha as Trump visited .
AMY GOODMAN : For more , we go to Kenosha , Wisconsin , where we ’ re joined by Daniel Thompson .
Up until Saturday he was digital editor at Kenosha News , but resigned to protest the paper ’ s coverage of a rally Saturday following the police shooting of Jacob Blake .
He was the only full-time Black staff member at the Kenosha paper .
Daniel , welcome to Democracy Now !
Explain what happened @ @ @ @ @ @ @ THOMPSON : Well , thank you for having me .
I quit because I went to the event Saturday as a citizen .
In fact , I was on vacation last week from the paper .
And the event itself was very peaceful .
There was one speaker that did give the quote that Kenosha News put in the headline .
And honestly , right when it happened , you could tell that a lot of people in the crowd didn ’ t agree with it .
And my personal opinion is that @ @ @ @ @ @ @ But it was peaceful .
It was beautiful .
I mean , I had pictures of children , Amish and Mennonite children playing with each other there .
There was a child that was helping to hold a peace sign banner with me , that I didn ’ t even know .
They just wanted to help hold a banner , so I let them hold a banner with me .
And even Mr. Blake ’ s father had called for a night of peace across the nation .
And a lot of @ @ @ @ @ @ @ funny thing is , I got home , and I was feeling really good about the event , and I had completely almost forgotten about that quote , really .
It wasn ’ t at the front of my mind because it wasn ’ t such a prominent part of it .
It wasn ’ t — AMY GOODMAN : So , just to say that the headline itself that the Kenosha News ran was “ Kenosha speaker : ‘ If you kill one of us , it ’ s time for us @ @ @ @ @ @ @ DANIEL THOMPSON : Yes , something to that effect .
I have a screenshot of it .
But , yes , the person said that .
And they might have also been a person that led a chant that ended with race first , which I also cringed at .
But that was on that side of it .
When I got home and I saw the newspaper ’ s headline , at first I thought it might have been a state or national story that had been caught up in the website @ @ @ @ @ @ @ a story about the event I was at , that ’ s when I contacted my boss .
And you can see how that exchange went .
AMY GOODMAN : Explain .
Talk about how that exchange went — they changed the headline — what they changed it to , and why you quit .
DANIEL THOMPSON : Well , what happened was , basically , when I saw the headline and I read the — or , I started reading the story and realized it was the same event , I was @ @ @ @ @ @ @ had screenshot it , circled it and sent it to not only my boss — my former boss , Bob Heisse , but also two of the reporting staff , just to let them know .
And by that point , I was already talking myself down from just quitting .
And I wanted to give Bob the chance to address it , because the thing is , me and Bob Heisse did not have a bad working relationship at all .
In fact , we had conversations like this multiple times in @ @ @ @ @ @ @ most of the time , we were able to compromise , or he would listen to me .
So , when he defended it , when I got that response , it was almost immediate .
I mean , it was a 20-minute time period between me contacting him initially and me sending my letter of resignation .
AMY GOODMAN : So , they changed the headline to “ Kenosha speaker strays from message at rally , ” but the online article still included only the video of that speaker ’ s remarks @ @ @ @ @ @ @ still is the previous headline .
We only have two minutes , but can you talk , since media can so much shape public opinion , overall , how you feel the Kenosha News contributed to what you were concerned about , a climate misrepresented in Kenosha , in your town ?
DANIEL THOMPSON : OK .
So , I had been actually following protests since the first night they came to Kenosha following the shooting of George Floyd .
So , I ’ ve been among these local protesters , and I @ @ @ @ @ @ @ of them .
So , over time , I ’ ve started to see that people — people like to think that there are two groups , that there ’ s protesters and counterprotesters .
But it ’ s not .
You really have multiple groups , and some of them are violent , some of them aren ’ t .
So , now more than ever for the media , it ’ s important to try to give a full , accurate picture .
And I think there is also the impulse @ @ @ @ @ @ @ to digital and trying to get digital subscriptions , that you ’ re seeing more sensational headlines now to get more page views .
And it ’ s not — I don ’ t think the situation happened out of any malicious intent .
I think it was simply ignorance and a lack of diversity or diverse voices that were part of the decision .
AMY GOODMAN : Are you going to keep writing ?
How are you going to let people know what ’ s going on in Kenosha , framing it @ @ @ @ @ @ @ : Yes .
Since I resigned — so , I think of my resignation as a leap of faith , really .
I mean , I had nowhere to go from Kenosha News .
But I took that leap of faith , and the community that I ’ ve been covering , which is Kenosha , caught me .
And if you look at my GoFundMe for unemployment , I ’ m over $ 21,000 now , and I only asked for $ 5,000 .
And I do plan on , whatever the @ @ @ @ @ @ @ donating half back to the Uptown neighborhood , which was badly destroyed throughout — DANIEL THOMPSON : — throughout all this .
DANIEL THOMPSON : But I ’ m going to — DANIEL THOMPSON : I ’ ll be in Kenosha .
I ’ ll stay in Kenosha , and I ’ ll be reporting .
AMY GOODMAN : You ’ re starting — and you hope to start an independent media company in Kenosha ?
AMY GOODMAN : Well , Daniel Thompson , I want to thank you for being with us @ @ @ @ @ @ @ people : Local TV station WTMJ-TV reports Kenosha business owner declines President Trump photo op , so a former owner had to come in and replace him .
Daniel Thompson , former digital editor at Kenosha News , who resigned his position in protest of a headline he says mischaracterized the rally for Jacob Blake .
That does it for our broadcast .
I ’ m Amy Goodman .
Wear a mask .
Save lives .
Stay safe .

The mainstream media’s role in perpetuating racism has come under increased scrutiny during the nationwide uprisings against injustice, leading to resignations and firings at news outlets across the country and calls for more diverse newsrooms. Daniel Thompson, the former digital editor at Kenosha News, says that’s what led him to quit his job after his news outlet ran a misleading headline and article about a peaceful Jacob Blake protest that focused almost exclusively on one speaker’s threat of violence. “Now more than ever for the media, it’s important to try to give a full, accurate picture.” says Thompson. “I don’t think the situation happened out of any malicious intent. I think it was simply ignorance and a lack of diversity or diverse voices that were part of the decision.”
This is a rush transcript. Copy may not be in its final form.
AMY GOODMAN: This is Democracy Now! The Quarantine Report. I’m Amy Goodman.
President Trump traveled to Kenosha, Wisconsin, Tuesday despite fierce opposition to his visit by Wisconsin’s governor, its first Black lieutenant governor and Kenosha’s mayor.
Kenosha erupted in protests last week after the police shot Jacob Blake at point-blank range in the back at least seven times, leaving him paralyzed. During the protests, a 17-year-old white vigilante armed with a semiautomatic rifle killed two protesters and injured a third.
Trump has refused to condemn the killings. During his visit to Kenosha, Trump did not meet with Jacob Blake’s family or directly mention Jacob Blake’s name. Trump also reiterated his recent comparison of cops who shoot with golfers who choke.
PRESIDENT DONALD TRUMP: We have to condemn the dangerous anti-police rhetoric. It’s getting more and more. It’s very unfair. You have some bad apples. We all know that. And those will be taken care of through the system. And nobody is going to be easy on them, either. And you have people that choke.
AMY GOODMAN: And that word “choke” is not lost on many. While many in the mainstream media talk about golfers choking over a three-foot putt, many are talking about George Floyd being choked to death, and Eric Garner and so many other African Americans in the custody of police, choked by police.
During his visit, Trump also repeated the falsehood that he ordered the National Guard to Kenosha, when in fact it was the state’s governor.
This is Jacob Blake’s uncle, Justin Blake, speaking at a rally in Kenosha as Trump visited.
JUSTIN BLAKE: We don’t have any words for the orange man. All I ask is that he keep his disrespect, his foul language far away from our family. We need a president that’s going to unite our country and take us in a different direction. … Our nephew was shot seven times in the back. Nothing can justify that. He had no weapon. And he’s paralyzed right now in the hospital. And our family is thanking everybody around the world for all their well-wishes and prayers.
AMY GOODMAN: For more, we go to Kenosha, Wisconsin, where we’re joined by Daniel Thompson. Up until Saturday he was digital editor at Kenosha News, but resigned to protest the paper’s coverage of a rally Saturday following the police shooting of Jacob Blake. He was the only full-time Black staff member at the Kenosha paper.
Daniel, welcome to Democracy Now! Explain what happened. Why did you quit?
DANIEL THOMPSON: Well, thank you for having me. I quit because I went to the event Saturday as a citizen. In fact, I was on vacation last week from the paper. And the event itself was very peaceful. There was one speaker that did give the quote that Kenosha News put in the headline. And honestly, right when it happened, you could tell that a lot of people in the crowd didn’t agree with it. And my personal opinion is that speaker should have never been there.
But it was peaceful. It was beautiful. I mean, I had pictures of children, Amish and Mennonite children playing with each other there. There was a child that was helping to hold a peace sign banner with me, that I didn’t even know. They just wanted to help hold a banner, so I let them hold a banner with me. And even Mr. Blake’s father had called for a night of peace across the nation. And a lot of the speakers did that.
And the funny thing is, I got home, and I was feeling really good about the event, and I had completely almost forgotten about that quote, really. It wasn’t at the front of my mind because it wasn’t such a prominent part of it. It wasn’t —
AMY GOODMAN: So, just to say that the headline itself that the Kenosha News ran was “Kenosha speaker: ‘If you kill one of us, it’s time for us to kill one of yours.’”
DANIEL THOMPSON: Yes, something to that effect. I have a screenshot of it. But, yes, the person said that. And they might have also been a person that led a chant that ended with race first, which I also cringed at. But that was on that side of it.
When I got home and I saw the newspaper’s headline, at first I thought it might have been a state or national story that had been caught up in the website. But when I realized it was a story about the event I was at, that’s when I contacted my boss. And you can see how that exchange went.
AMY GOODMAN: Explain. Talk about how that exchange went — they changed the headline — what they changed it to, and why you quit.
DANIEL THOMPSON: Well, what happened was, basically, when I saw the headline and I read the — or, I started reading the story and realized it was the same event, I was pretty livid, immediately. And I had screenshot it, circled it and sent it to not only my boss — my former boss, Bob Heisse, but also two of the reporting staff, just to let them know. And by that point, I was already talking myself down from just quitting.
And I wanted to give Bob the chance to address it, because the thing is, me and Bob Heisse did not have a bad working relationship at all. In fact, we had conversations like this multiple times in the newsroom about various topics. And most of the time, we were able to compromise, or he would listen to me. So, when he defended it, when I got that response, it was almost immediate. I mean, it was a 20-minute time period between me contacting him initially and me sending my letter of resignation.
AMY GOODMAN: So, they changed the headline to “Kenosha speaker strays from message at rally,” but the online article still included only the video of that speaker’s remarks, and the video’s caption still is the previous headline. We only have two minutes, but can you talk, since media can so much shape public opinion, overall, how you feel the Kenosha News contributed to what you were concerned about, a climate misrepresented in Kenosha, in your town?
DANIEL THOMPSON: OK. So, I had been actually following protests since the first night they came to Kenosha following the shooting of George Floyd. So, I’ve been among these local protesters, and I’ve gotten to know a lot of them. So, over time, I’ve started to see that people — people like to think that there are two groups, that there’s protesters and counterprotesters. But it’s not. You really have multiple groups, and some of them are violent, some of them aren’t.
So, now more than ever for the media, it’s important to try to give a full, accurate picture. And I think there is also the impulse now, because more companies are moving to digital and trying to get digital subscriptions, that you’re seeing more sensational headlines now to get more page views. And it’s not — I don’t think the situation happened out of any malicious intent. I think it was simply ignorance and a lack of diversity or diverse voices that were part of the decision.
AMY GOODMAN: Are you going to keep writing? How are you going to let people know what’s going on in Kenosha, framing it in your own perspective?
DANIEL THOMPSON: Yes. Since I resigned — so, I think of my resignation as a leap of faith, really. I mean, I had nowhere to go from Kenosha News. But I took that leap of faith, and the community that I’ve been covering, which is Kenosha, caught me. And if you look at my GoFundMe for unemployment, I’m over $21,000 now, and I only asked for $5,000. And I do plan on, whatever the end total is by September 14th, donating half back to the Uptown neighborhood, which was badly destroyed throughout —
AMY GOODMAN: We have 10 seconds.
DANIEL THOMPSON: — throughout all this.
AMY GOODMAN: And starting —
DANIEL THOMPSON: But I’m going to —
AMY GOODMAN: Go ahead.
DANIEL THOMPSON: I’ll be in Kenosha. I’ll stay in Kenosha, and I’ll be reporting.
AMY GOODMAN: You’re starting — and you hope to start an independent media company in Kenosha?
DANIEL THOMPSON: Yes, yes.
AMY GOODMAN: Well, Daniel Thompson, I want to thank you for being with us. And I just wanted to update people: Local TV station WTMJ-TV reports Kenosha business owner declines President Trump photo op, so a former owner had to come in and replace him. Daniel Thompson, former digital editor at Kenosha News, who resigned his position in protest of a headline he says mischaracterized the rally for Jacob Blake.
That does it for our broadcast. I’m Amy Goodman. Wear a mask. Save lives. Stay safe.


truthout--2020-09-02--Barr’s Abrupt Removal of National Security Official Sparks Concerns

Attorney General Bill Barr ’ s decision to abruptly replace a career official who led a Justice Department office that oversees the legality of national security policy with a political appointee sparked concerns among national security officials , according to ABC News .
Deputy Assistant Attorney General Brad Wiegmann , a 23-year career official who headed the DOJ National Security Division ’ s Office of Law and Policy , was told that he was being reassigned two weeks ago , according to the report .
Wiegmann was replaced with Kellen Dwyer , a 36-year-old cyber-crimes prosecutor who joined the DOJ @ @ @ @ @ @ @ headlines in 2018 when he accidentally revealed secret charges that had been filed against WikiLeaks founder Julian Assange .
“ It ’ s very alarming , ” Katrina Mulligan , who served under Wiegmann , told ABC News , adding that Dwyer ’ s limited experience made him a “ very odd ” choice to replace an official she described as an “ exceptional ” manager .
The Office of Law and Policy is charged with ensuring that federal counterintelligence and counterterrorism activities don ’ t violate the law .
Mulligan said the @ @ @ @ @ @ @ what you want to do… is illegal ” and then “ try to offer them alternatives that weren ’ t illegal.
” The team is heavily involved in National Security Council meetings , conducts oversight of FBI intelligence-gathering , and helps congressional staff draft legislation .
“ [ It ] has been sort of the center of gravity for the Department of Justice on national security policy , and it ’ s a central role , ” Matt Olsen , the former director of the National Counterterrorism Center , told ABC .
Mulligan @ @ @ @ @ @ @ now have influence over policy regarding “ what we will and won ’ t do overseas and at home ” in terms of surveillance and when “ it is and isn ’ t appropriate ” for the DOJ to inform the public about election interference .
“ The concern here is that you have someone who by all accounts has been doing a great job in a very sensitive role , ” Olsen added , “ [ and ] now within really just weeks of the election is replaced with somebody who is @ @ @ @ @ @ @ Justice Department declined to say why Wiegmann was replaced .
“ Brad doesn ’ t have a political bone in his body ” and “ has been such an uncontroversial person in that role for such a long time , ” Mulligan told ABC , adding that he “ was trying to advance the policies that this administration wanted to advance.
” Olsen said that given Barr ’ s efforts to intervene in matters related to President Donald Trump , the department does not “ get the presumption of the doubt when it @ @ @ @ @ @ @ ” A DOJ spokesperson told the outlet that Weigmann “ continues to serve a vital role in the front office of the National Security Division , ” adding that the office had been staffed by “ political appointees and career staff since its inception.
” A current federal official pushed back on that claim .
“ It would not have been that unusual early in an administration to place a political [ appointee ] in that policy role , but to do that now is very unusual , ” the official , who @ @ @ @ @ @ @ told ABC .
Barr has frequently been accused of politicizing the DOJ by intervening in criminal cases related to the president ’ s former advisers and echoing Trump ’ s baseless conspiracy theories about mail voting .
Those moves have raised fears among even Republicans that the DOJ may seek to influence the election .
“ Barr has utterly and completely trashed the norm of DOJ separation from politics , ” Donald Ayer , who served as the deputy attorney general under President George H.W .
Bush , told The Intercept .
“ @ @ @ @ @ @ @ has been fully engaged in using the tools of the Justice Department primarily for the purpose of advancing the president ’ s election prospects.
” Barr has also teased that the DOJ is trying to wrap up US Attorney John Durham ’ s investigation into the federal Trump-Russia probe “ before the election ” even though the department traditionally avoids making public information that could affect the race 60 to 90 days before the election .
Former FBI Director James Comey infamously ignored that tradition when he made public statements about the investigation @ @ @ @ @ @ @ .
“ It seems inevitable that Barr will attempt to unleash an October surprise through the Durham investigation , ” former DOJ prosecutor Paul Rosenzweig told The Intercept .
“ Given his past misrepresentations of the Mueller report , ” added fellow former DOJ prosecutor Justin Levitt , “ the American people should look very carefully and very skeptically at absolutely anything Barr announces this year .
”

Ex-officials say the career employee was replaced just weeks before the election with someone seen as more partisan.
Attorney General Bill Barr’s decision to abruptly replace a career official who led a Justice Department office that oversees the legality of national security policy with a political appointee sparked concerns among national security officials, according to ABC News.
Deputy Assistant Attorney General Brad Wiegmann, a 23-year career official who headed the DOJ National Security Division’s Office of Law and Policy, was told that he was being reassigned two weeks ago, according to the report.
Wiegmann was replaced with Kellen Dwyer, a 36-year-old cyber-crimes prosecutor who joined the DOJ six years earlier. Dwyer previously made headlines in 2018 when he accidentally revealed secret charges that had been filed against WikiLeaks founder Julian Assange.
“It’s very alarming,” Katrina Mulligan, who served under Wiegmann, told ABC News, adding that Dwyer’s limited experience made him a “very odd” choice to replace an official she described as an “exceptional” manager.
The Office of Law and Policy is charged with ensuring that federal counterintelligence and counterterrorism activities don’t violate the law. Mulligan said the office is tasked with telling officials “what you want to do… is illegal” and then “try to offer them alternatives that weren’t illegal.”
The team is heavily involved in National Security Council meetings, conducts oversight of FBI intelligence-gathering, and helps congressional staff draft legislation.
“[It] has been sort of the center of gravity for the Department of Justice on national security policy, and it’s a central role,” Matt Olsen, the former director of the National Counterterrorism Center, told ABC.
Mulligan expressed concern that a political appointee would now have influence over policy regarding “what we will and won’t do overseas and at home” in terms of surveillance and when “it is and isn’t appropriate” for the DOJ to inform the public about election interference.
“The concern here is that you have someone who by all accounts has been doing a great job in a very sensitive role,” Olsen added, “[and] now within really just weeks of the election is replaced with somebody who is viewed more as a partisan.”
The Justice Department declined to say why Wiegmann was replaced.
“Brad doesn’t have a political bone in his body” and “has been such an uncontroversial person in that role for such a long time,” Mulligan told ABC, adding that he “was trying to advance the policies that this administration wanted to advance.”
Olsen said that given Barr’s efforts to intervene in matters related to President Donald Trump, the department does not “get the presumption of the doubt when it comes to making personnel decisions like this.”
A DOJ spokesperson told the outlet that Weigmann “continues to serve a vital role in the front office of the National Security Division,” adding that the office had been staffed by “political appointees and career staff since its inception.”
A current federal official pushed back on that claim.
“It would not have been that unusual early in an administration to place a political [appointee] in that policy role, but to do that now is very unusual,” the official, who spoke on the condition of anonymity, told ABC.
Barr has frequently been accused of politicizing the DOJ by intervening in criminal cases related to the president’s former advisers and echoing Trump’s baseless conspiracy theories about mail voting.
Those moves have raised fears among even Republicans that the DOJ may seek to influence the election.
“Barr has utterly and completely trashed the norm of DOJ separation from politics,” Donald Ayer, who served as the deputy attorney general under President George H.W. Bush, told The Intercept. “For the last several months, Barr has been fully engaged in using the tools of the Justice Department primarily for the purpose of advancing the president’s election prospects.”
Barr has also teased that the DOJ is trying to wrap up US Attorney John Durham’s investigation into the federal Trump-Russia probe “before the election” even though the department traditionally avoids making public information that could affect the race 60 to 90 days before the election. Former FBI Director James Comey infamously ignored that tradition when he made public statements about the investigation into former Secretary of State Hillary Clinton.
“It seems inevitable that Barr will attempt to unleash an October surprise through the Durham investigation,” former DOJ prosecutor Paul Rosenzweig told The Intercept.
“Given his past misrepresentations of the Mueller report,” added fellow former DOJ prosecutor Justin Levitt, “the American people should look very carefully and very skeptically at absolutely anything Barr announces this year.”
Tired of reading the same old news from the same old sources? So are we! That’s why we’re on a mission to shake things up and bring you the stories and perspectives that often go untold in mainstream media. But being a radically, unapologetically independent news site isn’t easy (or cheap), and we rely on reader support to keep the lights on.
If you like what you’re reading, please consider making a tax-deductible donation today. We’re not asking for a handout, we’re asking for an investment: Invest in a nonprofit news site that’s not afraid to ruffle a few feathers, not afraid to stand up for what’s right, and not afraid to tell it like it is.
This piece was reprinted by Truthout with permission or license. It may not be reproduced in any form without permission or license from the source.


truthout--2020-09-02--Green New Deal Champion Ed Markey Defeats Joe Kennedy III in Massachusetts

Bolstered by an energized climate movement , small-dollar donors , and support from prominent progressive lawmakers like Rep. Alexandria Ocasio-Cortez , Green New Deal champion Sen. Ed Markey on Tuesday fended off a Democratic primary challenge from Rep. Joe Kennedy III , whose name recognition and late endorsement from House Speaker Nancy Pelosi were ultimately insufficient to topple the popular Massachusetts incumbent .
Declaring victory Tuesday night with a 10-point lead over Kennedy , Markey , 74 , shouted out the young voters and activists who fueled his campaign with on-the-ground organizing and social media efforts , including the production @ @ @ @ @ @ @ the incumbent senator and laid the groundwork for his comeback win .
“ This campaign has always been about the young people of this country , ” Markey said in a speech to supporters in his hometown of Malden .
“ You are our future .
And thank you for believing in me , because I believe in you.
” Touting his support for the Green New Deal , the signature issue of the senator ’ s reelection bid , Markey declared that “ there will be no peace , no justice , @ @ @ @ @ @ @ march to climate destruction.
” “ This is a matter of life and death .
The very future of our civilization depends upon it , ” Markey continued .
“ There is no time for simply ‘ doing what we can.
’ There is no time for compromise on the existential threat to our time .
We must pass a Green New Deal… The time to be timid is past .
The age of incrementalism is over .
Now is our moment to think big , to build big , to be big @ @ @ @ @ @ @ all about.
” The Sunrise Movement — the first national organization to endorse the senator ’ s reelection campaign — celebrated Markey ’ s victory as a testament to the growing power of youth-led climate activism in Massachusetts and across the United States .
The group said its volunteers made 250,000 calls on Markey ’ s behalf , on top of directing and producing a striking Green New Deal ad that racked up four million views .
“ From the outset , we worked with the campaign to put climate change at the @ @ @ @ @ @ @ Weber , political director for the Sunrise Movement , said in a statement .
“ As we gained momentum , the establishment clearly felt threatened and sent Nancy Pelosi to throw in a last-minute endorsement to boost funds for Kennedy ’ s big money campaign.
” “ Despite this establishment opposition , ” added Weber , “ we won a clear victory tonight — and with that , no one should underestimate the power of the climate movement to elect and defend our champions in Congress.
” In a tweet late Tuesday , @ @ @ @ @ @ @ the Green New Deal resolution introduced in Congress last year — hailed the senator ’ s win as a “ victory for the progressive movement , for 21st century policy , and for the Green New Deal.
” “ Thank you to every single voter , supporter , organizer , grassroots donor , and everyday person who helped make this happen , ” said the New York Democrat , who slammed Pelosi ’ s decision to back Kennedy against Markey as hypocritical , given her approval of the Democratic Congressional Campaign Committee ’ @ @ @ @ @ @ @ progressives who challenge incumbents .
“ On a personal note , when I first got to Congress the reception I got in many spaces was very chilly , ” Ocasio-Cortez wrote in a separate tweet .
“ Ed Markey wasn ’ t afraid .
He offered his expertise and partnership .
He wasn ’ t scared of big policy and didn ’ t use kid gloves .
It ’ s great to watch him overcome the odds and win tonight .
”

Bolstered by an energized climate movement, small-dollar donors, and support from prominent progressive lawmakers like Rep. Alexandria Ocasio-Cortez, Green New Deal champion Sen. Ed Markey on Tuesday fended off a Democratic primary challenge from Rep. Joe Kennedy III, whose name recognition and late endorsement from House Speaker Nancy Pelosi were ultimately insufficient to topple the popular Massachusetts incumbent.
Declaring victory Tuesday night with a 10-point lead over Kennedy, Markey, 74, shouted out the young voters and activists who fueled his campaign with on-the-ground organizing and social media efforts, including the production of viral ads that built enthusiasm for the incumbent senator and laid the groundwork for his comeback win.
“This campaign has always been about the young people of this country,” Markey said in a speech to supporters in his hometown of Malden. “You are our future. And thank you for believing in me, because I believe in you.”
Touting his support for the Green New Deal, the signature issue of the senator’s reelection bid, Markey declared that “there will be no peace, no justice, and no prosperity unless we stop the march to climate destruction.”
“This is a matter of life and death. The very future of our civilization depends upon it,” Markey continued. “There is no time for simply ‘doing what we can.’ There is no time for compromise on the existential threat to our time. We must pass a Green New Deal… The time to be timid is past. The age of incrementalism is over. Now is our moment to think big, to build big, to be big. This is what this election is all about.”
The Sunrise Movement — the first national organization to endorse the senator’s reelection campaign — celebrated Markey’s victory as a testament to the growing power of youth-led climate activism in Massachusetts and across the United States. The group said its volunteers made 250,000 calls on Markey’s behalf, on top of directing and producing a striking Green New Deal ad that racked up four million views.
“From the outset, we worked with the campaign to put climate change at the center of this race,” Evan Weber, political director for the Sunrise Movement, said in a statement. “As we gained momentum, the establishment clearly felt threatened and sent Nancy Pelosi to throw in a last-minute endorsement to boost funds for Kennedy’s big money campaign.”
“Despite this establishment opposition,” added Weber, “we won a clear victory tonight — and with that, no one should underestimate the power of the climate movement to elect and defend our champions in Congress.”
Before tonight, a Kennedy had never lost an election in Massachusetts. But even a 100 year dynasty can not overcome the Green New Deal. We are sending @EdMarkey to Congress to put the Green New Deal on the table, but the people will make it impossible to refuse. pic.twitter.com/hTVDdZkIhk — Sunrise Movement 🌅 (@sunrisemvmt) September 2, 2020
In a tweet late Tuesday, Ocasio-Cortez — who joined Markey in co-authoring the Green New Deal resolution introduced in Congress last year — hailed the senator’s win as a “victory for the progressive movement, for 21st century policy, and for the Green New Deal.”
“Thank you to every single voter, supporter, organizer, grassroots donor, and everyday person who helped make this happen,” said the New York Democrat, who slammed Pelosi’s decision to back Kennedy against Markey as hypocritical, given her approval of the Democratic Congressional Campaign Committee’s (DCCC) policy of kneecapping progressives who challenge incumbents.
“On a personal note, when I first got to Congress the reception I got in many spaces was very chilly,” Ocasio-Cortez wrote in a separate tweet. “Ed Markey wasn’t afraid. He offered his expertise and partnership. He wasn’t scared of big policy and didn’t use kid gloves. It’s great to watch him overcome the odds and win tonight.”
Tired of reading the same old news from the same old sources? So are we! That’s why we’re on a mission to shake things up and bring you the stories and perspectives that often go untold in mainstream media. But being a radically, unapologetically independent news site isn’t easy (or cheap), and we rely on reader support to keep the lights on.
If you like what you’re reading, please consider making a tax-deductible donation today. We’re not asking for a handout, we’re asking for an investment: Invest in a nonprofit news site that’s not afraid to ruffle a few feathers, not afraid to stand up for what’s right, and not afraid to tell it like it is.
This piece was reprinted by Truthout with permission or license. It may not be reproduced in any form without permission or license from the source.


truthout--2020-09-02--Trump Used Stand-In for Kenosha Business Owner Who Refused Photo Op With Him

A business in Kenosha , Wisconsin , which had fire damage after uprisings in the city following the police-perpetrated shooting of Jacob Blake in August , was featured by President Trump to the media as he toured damage in the city on Tuesday .
Trump stood alongside John Rode III , whom he introduced as the “ owner ” of Rode ’ s Camera Shop , one of the businesses in the building that was affected by fire .
Yet , Rode is not the current owner of that business — Tom Gram is .
Gram , who was originally @ @ @ @ @ @ @ stand alongside the president during the photo op , had refused to do so .
“ I think everything he does turns into a circus , and I just didn ’ t want to be involved in it , ” Gram said , explaining why he didn ’ t want to take part .
It appears that , in the absence of Gram , Trump ’ s media team decided to have the business ’ s former owner stand-in for the occasion , falsely describing him as the current head of the company @ @ @ @ @ @ @ just appreciate President Trump coming today , everybody here does .
We ’ re so thankful we got the federal troops here , ” Rode said after Trump introduced him as the business owner .
Gram was surprised to see Rode appear beside the president , and to be described as the owner of the camera store .
Although Rode still owns the building where the business resides , Gram purchased Rode ’ s Camera Shop eight years ago .
Gram , speaking to a local NBC affiliate station about the matter , @ @ @ @ @ @ @ community and refusing to speak out against law enforcement in the wake of Blake ’ s shooting .
“ I think he needs to bring this country together rather than divide it , ” Gram said .
“ I think there ’ s a lot of good people in this community and to say that only law enforcement is correct is not the message we need to hear right now.
” A number of elected leaders had asked Trump not to come to Kenosha this week , as the city was dealing with @ @ @ @ @ @ @ killings of two protesters by a far right 17-year-old vigilante during protests last week .
“ I am concerned your presence will only hinder our healing , ” Wisconsin Gov .
Tony Evers said to Trump in a letter prior to his travels to the state .
“ I am concerned your presence will only delay our work to overcome division and move forward together.
” Kenosha Mayor John Antaramian had echoed Evers ’ s sentiment .
“ Realistically , from our perspective , our preference would have been for him not to @ @ @ @ @ @ @ , ” Antaramian said .

Tom Gram, the real business owner, said he refused to take part because everything Trump does “turns into a circus.”
A business in Kenosha, Wisconsin, which had fire damage after uprisings in the city following the police-perpetrated shooting of Jacob Blake in August, was featured by President Trump to the media as he toured damage in the city on Tuesday.
Trump stood alongside John Rode III, whom he introduced as the “owner” of Rode’s Camera Shop, one of the businesses in the building that was affected by fire. Yet, Rode is not the current owner of that business — Tom Gram is.
Gram, who was originally asked by Trump’s people to stand alongside the president during the photo op, had refused to do so. “I think everything he does turns into a circus, and I just didn’t want to be involved in it,” Gram said, explaining why he didn’t want to take part.
It appears that, in the absence of Gram, Trump’s media team decided to have the business’s former owner stand-in for the occasion, falsely describing him as the current head of the company to the reporters present.
“I just appreciate President Trump coming today, everybody here does. We’re so thankful we got the federal troops here,” Rode said after Trump introduced him as the business owner.
Gram was surprised to see Rode appear beside the president, and to be described as the owner of the camera store. Although Rode still owns the building where the business resides, Gram purchased Rode’s Camera Shop eight years ago.
Gram, speaking to a local NBC affiliate station about the matter, was critical of Trump for dividing the community and refusing to speak out against law enforcement in the wake of Blake’s shooting.
“I think he needs to bring this country together rather than divide it,” Gram said. “I think there’s a lot of good people in this community and to say that only law enforcement is correct is not the message we need to hear right now.”
A number of elected leaders had asked Trump not to come to Kenosha this week, as the city was dealing with the Blake shooting as well as the killings of two protesters by a far right 17-year-old vigilante during protests last week.
“I am concerned your presence will only hinder our healing,” Wisconsin Gov. Tony Evers said to Trump in a letter prior to his travels to the state. “I am concerned your presence will only delay our work to overcome division and move forward together.”
Kenosha Mayor John Antaramian had echoed Evers’s sentiment. “Realistically, from our perspective, our preference would have been for him not to be coming at this point in time,” Antaramian said.
Tired of reading the same old news from the same old sources? So are we! That’s why we’re on a mission to shake things up and bring you the stories and perspectives that often go untold in mainstream media. But being a radically, unapologetically independent news site isn’t easy (or cheap), and we rely on reader support to keep the lights on.
If you like what you’re reading, please consider making a tax-deductible donation today. We’re not asking for a handout, we’re asking for an investment: Invest in a nonprofit news site that’s not afraid to ruffle a few feathers, not afraid to stand up for what’s right, and not afraid to tell it like it is.
Copyright © Truthout. May not be reprinted without permission.


truthout--2020-09-02--Trump Is Placing Letters in Food Aid Boxes to Boost His Reelection Campaign

Millions of Americans who are struggling to put food on the table may discover a new item in government-funded relief packages of fresh fruits and vegetables , dairy and meat : a letter signed by President Donald Trump .
The message , printed on White House letterhead in both English and Spanish , touts the administration ’ s response to the coronavirus , including aid provided through the Farmers to Families Food Box Program , a U.S. Department of Agriculture initiative to buy fresh food and ship it to needy families .
The letter is reminiscent of Trump ’ s @ @ @ @ @ @ @ checks and send a signed letter to millions of recipients .
It ’ s the latest example of the president blurring his official duties with his reelection campaign , most prominently by hosting Trump ’ s acceptance speech for the Republican nomination last week on the White House lawn .
Democratic lawmakers have gone so far as to say the USDA letter violates the federal Hatch Act .
The law prohibits government officials from using their positions or taxpayer resources to engage in electioneering .
Though the president himself is exempt , the @ @ @ @ @ @ @ agencies such as the USDA .
“ Using a federal relief program to distribute a self-promoting letter from the President to American families just three months before the presidential election is inappropriate and a violation of federal law , ” argued 49 House Democrats led by Marcia Fudge of Ohio in an August 14 letter to Agriculture Secretary Sonny Perdue , requesting information about the purpose and process behind Trump ’ s letter .
“ A public health crisis is not an opportunity for the administration to promote its own political interests .
@ @ @ @ @ @ @ should not be used as a tool for the President to exploit taxpayer dollars for his re-election campaign.
” The White House and the USDA didn ’ t respond to questions from ProPublica .
White House Chief of Staff Mark Meadows has shrugged off Hatch Act concerns , telling Politico last week , “ Nobody outside of the Beltway really cares.
” ( Meadows also said the Hatch Act ’ s scope was limited to pressuring federal employees on how to vote , but that ’ s only one of several components of @ @ @ @ @ @ @ observed the Hatch Act with strict firewalls between campaign and official events and admonitions against officials ’ making any statements or taking actions that could appear political .
The Trump administration , however , has routinely flouted this law .
In addition to using the White House for convention speeches by the president and first lady , Trump and other officials also conducted a naturalization ceremony and a pardon as part of the Republican National Convention , and Secretary of State Mike Pompeo delivered a speech from a diplomatic trip to Israel .
@ @ @ @ @ @ @ Hatch Act so many times that the independent Office of Special Counsel recommended she be fired .
( She wasn ’ t , and said she ’ d leave the White House in August for family reasons . )
The letter in the food boxes may not violate the law since it doesn ’ t explicitly refer to the election , according to the ethics watchdog Citizens for Responsibility and Ethics in Washington .
“ It doesn ’ t make it inherently political just because he is a candidate , ” a spokesman @ @ @ @ @ @ @ said in an interview .
“ It ’ s just one of the benefits of being an incumbent.
” But coming so close to an election , the implication of the letter was not lost on anyone .
Some food banks expressed concern that the letter looked too much like a political endorsement , which tax-exempt nonprofit organizations aren ’ t allowed to make .
“ As a non-profit , we would have to take the letter out of the boxes if they were included because we can ’ t publicly support political @ @ @ @ @ @ @ executive director of the Regional Food Bank of Northeastern New York , said in an email .
Trump ’ s letter purports to reinforce public health measures against the coronavirus , urging people to follow guidelines from the Centers for Disease Control and Prevention .
However , the letter ’ s advice contradicts the CDC ’ s actual guidelines on face coverings , which Trump has resisted despite expert consensus .
The letter says to “ consider wearing a face covering when in public , ” whereas the CDC says more definitively , @ @ @ @ @ @ @ a mask when around others.
” The administration promoted the letter ’ s debut in a White House press release and a tweet from Ivanka Trump , the president ’ s daughter and adviser .
However , no food banks surveyed by ProPublica reported actually seeing the letters so far .
Some wouldn ’ t know because they pass the boxes directly to families without opening them , but others do spot checks for quality control and haven ’ t found any letters .
The Greater Cleveland Food Bank said a vendor suggested @ @ @ @ @ @ @ boxes on Sept. 1 .
The letters have shown up at some food banks in the Feeding America network , according to Kate Leone , the organization ’ s chief government relations officer .
But they ’ ve been included inconsistently and without any apparent pattern , she said .
“ It ’ s not across the board , ” she said .
Aside from the letter , the food box program has come under fire for relying on questionable vendors and failing to match supplies with needs .
The House Select Subcommittee @ @ @ @ @ @ @ and performance of distribution companies that the USDA hired to implement the program , including several that lacked a requisite license to deal in fresh produce .
At least one contract , for $ 40 million , was canceled ; the vendor , Ben Holtz , said he ’ s still negotiating a settlement with the USDA .
Others have been extended or added .
Only 70 % of vendors fulfilled at least 90 % of their orders , Undersecretary for Marketing and Regulatory Programs Greg Ibach testified at a July 21 congressional @ @ @ @ @ @ @ program “ underserved ” some regions because regional equity wasn ’ t a factor in the USDA contractor selection .
“ Although Congress allocated billions of dollars to distribute food to Americans in need , I am concerned that the Trump Administration ’ s management of this critical effort has been marred by questionable contracting practices , a lack of accountability , and a failure to deliver food to many communities that need it most , ” the coronavirus subcommittee ’ s chairman , Rep. James E. Clyburn , D-S.C. , said in @ @ @ @ @ @ @ “ Rather than focusing on addressing these problems , the Administration appears to be seeking political benefits from the program , including by inserting a letter signed by President Trump in food boxes .
”

Millions of Americans who are struggling to put food on the table may discover a new item in government-funded relief packages of fresh fruits and vegetables, dairy and meat: a letter signed by President Donald Trump.
The message, printed on White House letterhead in both English and Spanish, touts the administration’s response to the coronavirus, including aid provided through the Farmers to Families Food Box Program, a U.S. Department of Agriculture initiative to buy fresh food and ship it to needy families.
The letter is reminiscent of Trump’s effort to put his signature on stimulus checks and send a signed letter to millions of recipients. It’s the latest example of the president blurring his official duties with his reelection campaign, most prominently by hosting Trump’s acceptance speech for the Republican nomination last week on the White House lawn.
Democratic lawmakers have gone so far as to say the USDA letter violates the federal Hatch Act. The law prohibits government officials from using their positions or taxpayer resources to engage in electioneering. Though the president himself is exempt, the ban applies to White House staff and agencies such as the USDA.
“Using a federal relief program to distribute a self-promoting letter from the President to American families just three months before the presidential election is inappropriate and a violation of federal law,” argued 49 House Democrats led by Marcia Fudge of Ohio in an August 14 letter to Agriculture Secretary Sonny Perdue, requesting information about the purpose and process behind Trump’s letter. “A public health crisis is not an opportunity for the administration to promote its own political interests. Likewise, a federal food assistance program should not be used as a tool for the President to exploit taxpayer dollars for his re-election campaign.”
The White House and the USDA didn’t respond to questions from ProPublica. White House Chief of Staff Mark Meadows has shrugged off Hatch Act concerns, telling Politico last week, “Nobody outside of the Beltway really cares.” (Meadows also said the Hatch Act’s scope was limited to pressuring federal employees on how to vote, but that’s only one of several components of the law.)
Past administrations have observed the Hatch Act with strict firewalls between campaign and official events and admonitions against officials’ making any statements or taking actions that could appear political. The Trump administration, however, has routinely flouted this law. In addition to using the White House for convention speeches by the president and first lady, Trump and other officials also conducted a naturalization ceremony and a pardon as part of the Republican National Convention, and Secretary of State Mike Pompeo delivered a speech from a diplomatic trip to Israel. White House adviser Kellyanne Conway violated the Hatch Act so many times that the independent Office of Special Counsel recommended she be fired. (She wasn’t, and said she’d leave the White House in August for family reasons.)
The letter in the food boxes may not violate the law since it doesn’t explicitly refer to the election, according to the ethics watchdog Citizens for Responsibility and Ethics in Washington. “It doesn’t make it inherently political just because he is a candidate,” a spokesman for the group, Jordan Libowitz, said in an interview. “It’s just one of the benefits of being an incumbent.”
But coming so close to an election, the implication of the letter was not lost on anyone. Some food banks expressed concern that the letter looked too much like a political endorsement, which tax-exempt nonprofit organizations aren’t allowed to make.
“As a non-profit, we would have to take the letter out of the boxes if they were included because we can’t publicly support political candidates,” Mark Quandt, the executive director of the Regional Food Bank of Northeastern New York, said in an email.
Trump’s letter purports to reinforce public health measures against the coronavirus, urging people to follow guidelines from the Centers for Disease Control and Prevention. However, the letter’s advice contradicts the CDC’s actual guidelines on face coverings, which Trump has resisted despite expert consensus. The letter says to “consider wearing a face covering when in public,” whereas the CDC says more definitively, “Cover your mouth and nose with a mask when around others.”
The administration promoted the letter’s debut in a White House press release and a tweet from Ivanka Trump, the president’s daughter and adviser.
However, no food banks surveyed by ProPublica reported actually seeing the letters so far. Some wouldn’t know because they pass the boxes directly to families without opening them, but others do spot checks for quality control and haven’t found any letters. The Greater Cleveland Food Bank said a vendor suggested the letters would start being included in boxes on Sept. 1.
The letters have shown up at some food banks in the Feeding America network, according to Kate Leone, the organization’s chief government relations officer. But they’ve been included inconsistently and without any apparent pattern, she said. “It’s not across the board,” she said.
Aside from the letter, the food box program has come under fire for relying on questionable vendors and failing to match supplies with needs. The House Select Subcommittee on the Coronavirus is investigating the selection and performance of distribution companies that the USDA hired to implement the program, including several that lacked a requisite license to deal in fresh produce.
At least one contract, for $40 million, was canceled; the vendor, Ben Holtz, said he’s still negotiating a settlement with the USDA. Others have been extended or added. Only 70% of vendors fulfilled at least 90% of their orders, Undersecretary for Marketing and Regulatory Programs Greg Ibach testified at a July 21 congressional hearing.
Ibach also acknowledged that the program “underserved” some regions because regional equity wasn’t a factor in the USDA contractor selection.
“Although Congress allocated billions of dollars to distribute food to Americans in need, I am concerned that the Trump Administration’s management of this critical effort has been marred by questionable contracting practices, a lack of accountability, and a failure to deliver food to many communities that need it most,” the coronavirus subcommittee’s chairman, Rep. James E. Clyburn, D-S.C., said in an August 24 letter to Perdue. “Rather than focusing on addressing these problems, the Administration appears to be seeking political benefits from the program, including by inserting a letter signed by President Trump in food boxes.”
Tired of reading the same old news from the same old sources? So are we! That’s why we’re on a mission to shake things up and bring you the stories and perspectives that often go untold in mainstream media. But being a radically, unapologetically independent news site isn’t easy (or cheap), and we rely on reader support to keep the lights on.
If you like what you’re reading, please consider making a tax-deductible donation today. We’re not asking for a handout, we’re asking for an investment: Invest in a nonprofit news site that’s not afraid to ruffle a few feathers, not afraid to stand up for what’s right, and not afraid to tell it like it is.
This piece was reprinted by Truthout with permission or license. It may not be reproduced in any form without permission or license from the source.