truthout--2020-12-08--Federal Regulators Rewrite Rules Again to Pave Way for Massive Pipeline

Last month , a federal appeals court blocked one of the key permits for construction of a massive natural gas pipeline that cuts through West Virginia and that industry officials and their political allies in the state are desperate to see completed .
The 4th U.S .
Circuit Court of Appeals found that environmental groups are likely to prevail in a case arguing federal and state regulators wrongly approved the Mountain Valley Pipeline through a streamlined review process for which the project isn ’ t eligible .
If this sounds familiar , it is .
A strikingly similar thing happened @ @ @ @ @ @ @ , the same appeals court blocked the same $ 5.4 billion pipeline because the developer ’ s plan to temporarily dam four West Virginia rivers didn ’ t meet special restrictions that state regulators had put on the streamlined approval process .
But rather than pausing or rethinking the project at the time , the state Department of Environmental Protection rewrote its construction standards so that the pipeline would qualify .
After their most recent court loss , West Virginia officials are once again rewriting their restrictions to help pave the way for @ @ @ @ @ @ @ permitting process .
“ Here we go again , ” citizen group lawyer Derek Teaney wrote in frustration in the latest of a series of legal challenges to the government agencies that have bent environmental standards for the pipeline .
When it is built , the Mountain Valley Pipeline , known as MVP , will transport natural gas from Wetzel County , near West Virginia ’ s Northern Panhandle , to Pittsylvania County , Virginia , crossing 200 miles in West Virginia and 100 miles in Virginia .
The project is one of @ @ @ @ @ @ @ across Appalachia , part of the rush to market natural gas from drilling and production in the Marcellus Shale formation .
Political leaders and business boosters in West Virginia have been big supporters of such projects , hoping that the rise of natural gas would replace jobs and tax revenues lost as the coal industry declines .
But some state residents worry that West Virginia ’ s drive to encourage gas comes with the same environmental costs as its historic dependence on coal .
So far , the promise that natural gas would @ @ @ @ @ @ @ has not come true .
At least one other major pipeline project , the $ 8 billion Atlantic Coast Pipeline , also faced delays over problems securing environmental permits .
A 4th Circuit ruling on that project had included a reference to Dr. Seuss ’ “ The Lorax , ” saying the U.S. Forest Service had failed to “ speak for the trees ” when it approved the project .
Despite a legal victory in which the U.S. Supreme Court overturned that decision , the project ’ s developers , Dominion Energy and @ @ @ @ @ @ @ layer of uncertainty ” from other cases over pipeline permitting .
Later , an analysis by E & E News found that legal deficiencies that led to project delays grew out of Trump administration officials who overruled government scientists and land managers during the review process .
The latest MVP case is particularly instructive in understanding the way government regulatory agencies have manipulated their own rules and processes to push through pipeline proposals .
Projects like MVP need a variety of approvals before they can be built .
Developers and regulators must study @ @ @ @ @ @ @ the project and show what steps will be taken to reduce damage to the environment and minimize negative effects on important resources , such as public lands and water supplies .
But a 2018 review by ProPublica and the Charleston Gazette-Mail found that federal and state agencies tasked with enforcing the nation ’ s environmental laws had expedited the pipeline , sometimes changing the rules to ease the project ’ s approvals .
In numerous instances , officials greenlit the pipeline despite serious unanswered questions .
Among the necessary permits that have been @ @ @ @ @ @ @ federal Clean Water Act “ dredge and fill ” permit .
Such permits are issued by the Army Corps of Engineers in two ways , either as an “ individual ” permit that undergoes more scrutiny or through a streamlined process known as a “ nationwide ” permit .
For a nationwide permit to be used in any state , that state ’ s environmental regulators have to approve it for use there .
In West Virginia , the state Department of Environmental Protection approved the use of a streamlined permit for pipeline @ @ @ @ @ @ @ that it could be used only for pipelines of less than 36 inches in diameter .
Corps officials and the WVDEP approved the 42-inch-diameter MVP through this streamlined process anyway , a move that was blocked by the 4th Circuit in its October 2018 ruling .
But even before the court ruled on that issue , the WVDEP was moving to get rid of the size limit on pipelines eligible for the streamlined permit .
In the latest case , pipeline opponents argued that the agencies improperly relaxed those rules .
Among other @ @ @ @ @ @ @ official within the Corps — a district engineer , rather than the agency ’ s chief engineer — approved the WVDEP ’ s relaxation of the rules .
During a Nov. 9 oral argument on environmentalists ’ motion to suspend the Clean Water Act permit , 4th Circuit Chief Judge Roger Gregory pressed lawyers for the Corps about why the agency had approved the state ’ s changes .
“ How was that in the public interest and what procedure did you use to make that determination ?
” Gregory asked .
Corps @ @ @ @ @ @ @ memorandum that he said outlined the agency ’ s decision .
The memo , though , simply said that the change was intended to allow larger pipelines to be approved through the streamlined process , and that the Corps was deferring to WVDEP on that issue .
And Judge Stephanie Thacker quizzed MVP ’ s lawyers about why the company told industry analysts in August that , once its permit was approved , it would try to get construction in streams done “ as quickly as possible before anything is challenged ” by @ @ @ @ @ @ @ in recognition , Your Honor , that our opponents are implacable , ” responded MVP lawyer George Sibley .
“ They will challenge anything we do .
We are not going to wait to get sued and wait for those lawsuits to be resolved.
” Teaney , the citizen group lawyer , urged the 4th Circuit panel of judges not to focus on MVP ’ s claims that legal battles have prompted construction delays that are costing the company $ 20 million a month for temporary sediment control efforts .
He noted that @ @ @ @ @ @ @ more than two years ago it probably wasn ’ t going to win approval through the streamlined permitting process .
“ Nonetheless , it persisted with these invalid fixes that West Virginia and the Corps have tried and it can ’ t come to this court now and ask this court to consider that in the equitable balance , ” Teaney said .
Later that day , the 4th Circuit issued a short order that suspended the water permit for the pipeline .
Then on Dec. 1 , the court issued a more-detailed @ @ @ @ @ @ @ full appeal could be litigated and explaining its reasoning .
A WVDEP spokesman said that the agency is reviewing the 4th Circuit decision .
The state agency is not named as a party , because the case focuses procedurally on the federal Clean Water Act permit .
A spokeswoman for MVP noted that the 4th Circuit declined a request from environmentalists to stay a separate regulatory approval for the project , one regarding endangered species protections .
The spokeswoman , Natalie Cox , said the company is considering “ the various options available @ @ @ @ @ @ @ applying for a new permit through the non-streamlined process .
She said the company remains confident the pipeline will be completed and be in service by the second half of 2021 .
Meanwhile , the WVDEP and the corps are making changes again that would pave the way for the pipeline .
The Corps is reissuing new versions of its streamlined permitting rules , making sure the appropriate process is followed .
And the WVDEP is in the process of updating its state conditions for that permitting , including eliminating the mandate that @ @ @ @ @ @ @ don ’ t qualify .
“ When they got called out for not following the rules , they just attempted to change the rules , ” said Angie Rosser , spokeswoman for the West Virginia Rivers Coalition , one of the groups that has been challenging the pipeline in court .
“ That ’ s not the way we can allow it to work .
”

This story was co-published with Mountain State Spotlight, a new nonprofit newsroom covering West Virginia.
Last month, a federal appeals court blocked one of the key permits for construction of a massive natural gas pipeline that cuts through West Virginia and that industry officials and their political allies in the state are desperate to see completed.
The 4th U.S. Circuit Court of Appeals found that environmental groups are likely to prevail in a case arguing federal and state regulators wrongly approved the Mountain Valley Pipeline through a streamlined review process for which the project isn’t eligible.
If this sounds familiar, it is. A strikingly similar thing happened two years ago.
In October 2018, the same appeals court blocked the same $5.4 billion pipeline because the developer’s plan to temporarily dam four West Virginia rivers didn’t meet special restrictions that state regulators had put on the streamlined approval process.
But rather than pausing or rethinking the project at the time, the state Department of Environmental Protection rewrote its construction standards so that the pipeline would qualify.
After their most recent court loss, West Virginia officials are once again rewriting their restrictions to help pave the way for the pipeline to qualify for that streamlined permitting process.
“Here we go again,” citizen group lawyer Derek Teaney wrote in frustration in the latest of a series of legal challenges to the government agencies that have bent environmental standards for the pipeline.
When it is built, the Mountain Valley Pipeline, known as MVP, will transport natural gas from Wetzel County, near West Virginia’s Northern Panhandle, to Pittsylvania County, Virginia, crossing 200 miles in West Virginia and 100 miles in Virginia. The project is one of several large transmission pipelines in the works across Appalachia, part of the rush to market natural gas from drilling and production in the Marcellus Shale formation.
Political leaders and business boosters in West Virginia have been big supporters of such projects, hoping that the rise of natural gas would replace jobs and tax revenues lost as the coal industry declines. But some state residents worry that West Virginia’s drive to encourage gas comes with the same environmental costs as its historic dependence on coal.
So far, the promise that natural gas would bring an economic renaissance to West Virginia has not come true.
At least one other major pipeline project, the $8 billion Atlantic Coast Pipeline, also faced delays over problems securing environmental permits. A 4th Circuit ruling on that project had included a reference to Dr. Seuss’ “The Lorax,” saying the U.S. Forest Service had failed to “speak for the trees” when it approved the project.
Despite a legal victory in which the U.S. Supreme Court overturned that decision, the project’s developers, Dominion Energy and Duke Energy, blamed “an unacceptable layer of uncertainty” from other cases over pipeline permitting.
Later, an analysis by E&E News found that legal deficiencies that led to project delays grew out of Trump administration officials who overruled government scientists and land managers during the review process.
***
The latest MVP case is particularly instructive in understanding the way government regulatory agencies have manipulated their own rules and processes to push through pipeline proposals.
Projects like MVP need a variety of approvals before they can be built. Developers and regulators must study various alternatives, outline the need for the project and show what steps will be taken to reduce damage to the environment and minimize negative effects on important resources, such as public lands and water supplies.
But a 2018 review by ProPublica and the Charleston Gazette-Mail found that federal and state agencies tasked with enforcing the nation’s environmental laws had expedited the pipeline, sometimes changing the rules to ease the project’s approvals. In numerous instances, officials greenlit the pipeline despite serious unanswered questions.
Among the necessary permits that have been the subject of much controversy is a federal Clean Water Act “dredge and fill” permit. Such permits are issued by the Army Corps of Engineers in two ways, either as an “individual” permit that undergoes more scrutiny or through a streamlined process known as a “nationwide” permit. For a nationwide permit to be used in any state, that state’s environmental regulators have to approve it for use there.
In West Virginia, the state Department of Environmental Protection approved the use of a streamlined permit for pipeline construction, but it added a condition that it could be used only for pipelines of less than 36 inches in diameter.
Corps officials and the WVDEP approved the 42-inch-diameter MVP through this streamlined process anyway, a move that was blocked by the 4th Circuit in its October 2018 ruling.
But even before the court ruled on that issue, the WVDEP was moving to get rid of the size limit on pipelines eligible for the streamlined permit.
In the latest case, pipeline opponents argued that the agencies improperly relaxed those rules. Among other things, they alleged that the wrong official within the Corps — a district engineer, rather than the agency’s chief engineer — approved the WVDEP’s relaxation of the rules.
During a Nov. 9 oral argument on environmentalists’ motion to suspend the Clean Water Act permit, 4th Circuit Chief Judge Roger Gregory pressed lawyers for the Corps about why the agency had approved the state’s changes.
“How was that in the public interest and what procedure did you use to make that determination?” Gregory asked.
Corps lawyer Kevin McArdle pointed Gregory to a memorandum that he said outlined the agency’s decision. The memo, though, simply said that the change was intended to allow larger pipelines to be approved through the streamlined process, and that the Corps was deferring to WVDEP on that issue.
And Judge Stephanie Thacker quizzed MVP’s lawyers about why the company told industry analysts in August that, once its permit was approved, it would try to get construction in streams done “as quickly as possible before anything is challenged” by environmental groups.
“Because it was in recognition, Your Honor, that our opponents are implacable,” responded MVP lawyer George Sibley. “They will challenge anything we do. We are not going to wait to get sued and wait for those lawsuits to be resolved.”
Teaney, the citizen group lawyer, urged the 4th Circuit panel of judges not to focus on MVP’s claims that legal battles have prompted construction delays that are costing the company $20 million a month for temporary sediment control efforts. He noted that the 4th Circuit warned the pipeline company more than two years ago it probably wasn’t going to win approval through the streamlined permitting process.
“Nonetheless, it persisted with these invalid fixes that West Virginia and the Corps have tried and it can’t come to this court now and ask this court to consider that in the equitable balance,” Teaney said.
Later that day, the 4th Circuit issued a short order that suspended the water permit for the pipeline. Then on Dec. 1, the court issued a more-detailed opinion, suspending the permit until a full appeal could be litigated and explaining its reasoning.
A WVDEP spokesman said that the agency is reviewing the 4th Circuit decision. The state agency is not named as a party, because the case focuses procedurally on the federal Clean Water Act permit.
A spokeswoman for MVP noted that the 4th Circuit declined a request from environmentalists to stay a separate regulatory approval for the project, one regarding endangered species protections. The spokeswoman, Natalie Cox, said the company is considering “the various options available” for the water permit, including applying for a new permit through the non-streamlined process. She said the company remains confident the pipeline will be completed and be in service by the second half of 2021.
Meanwhile, the WVDEP and the corps are making changes again that would pave the way for the pipeline. The Corps is reissuing new versions of its streamlined permitting rules, making sure the appropriate process is followed. And the WVDEP is in the process of updating its state conditions for that permitting, including eliminating the mandate that pipelines larger than 36 inches in diameter don’t qualify.
“When they got called out for not following the rules, they just attempted to change the rules,” said Angie Rosser, spokeswoman for the West Virginia Rivers Coalition, one of the groups that has been challenging the pipeline in court. “That’s not the way we can allow it to work.”
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--2020-12-08--Trump Asked Pennsylvania State Legislative Leader to Overturn Election Results

Over the past week , President Donald Trump has twice attempted to convince the Republican leader of the Pennsylvania state House of Representatives to overturn the presidential election results in that state and reward its 20 Electoral College votes to Trump instead of to the real winner , President-elect Joe Biden .
Biden defeated Trump in the highly sought after state by a margin of more than 81,000 votes .
But the president has alleged , without proof of any kind , that election fraud was responsible for Biden ’ s win .
Trump reached out to state Speaker of @ @ @ @ @ @ @ , twice in recent days to pressure him to have the Pennsylvania legislature overturn its election results , thwarting the will of the voters .
Although Cutler is part of a group of 60 Republican lawmakers encouraging the Pennsylvania congressional delegation to dispute the Electoral College results when Congress convenes to approve them next month , he informed Trump that the state legislature does not have the power to reverse the results from November .
Pennsylvania is the third state where Trump has attempted to reach out to Republicans in leadership roles to @ @ @ @ @ @ @ will of the electorate .
Last month , Trump met with lawmakers in Michigan to try and compel them to reverse his election loss in the state , and just this past weekend he made similar attempts to overturn election results by reaching out to Georgia Gov .
Brian Kemp .
In both instances , the president failed at his goal , being told by lawmakers in those states that they were unable to legally do what he was asking .
Trump has made numerous claims of voting improprieties in several states across @ @ @ @ @ @ @ held up under scrutiny .
In Pennsylvania , his focus has been primarily on allegations of fraud in Democratic cities and strongholds .
But all of these allegations have been proven false either by media organizations or in courtrooms where they ’ ve been brought forward by the president ’ s legal team .
Trump ’ s recent attempts with the Pennsylvania state speaker of the house may have been a last-ditch effort to change the results before an important deadline is reached on Tuesday — a day that is colloquially known as @ @ @ @ @ @ @ place by a congressional act in the late 1800s , December 8 is the deadline for states to certify their election results , in essence cementing in place the Electoral College votes that candidates for president won in November .
Electors are set to meet less than one week from today , on December 14 , to officially cast their votes for the presidency , remotely from their home states .
Every state except one so far ( Wisconsin ) appears ready to meet that deadline .
Although challenges still exist within the @ @ @ @ @ @ @ expected that Wisconsin will alter its plans to give its 10 Electoral College votes to Biden .
After Tuesday , any challenge put forward by Trump will be incredibly difficult to push forward due to the safe harbor deadline , as Harvard Law School professor Laurence Tribe noted on Twitter .
“ Trump may think he can block PA from reaching the Dec 8 ‘ safe harbor ’ just by tossing a stream of crazy requests at the wall so at least one remains up in the air at midnight tonight .
But @ @ @ @ @ @ @ wrote .
“ Ever since 1877 , federal law has ruled that gambit out.
” The results of the presidential election last month indicate that Biden will win the Electoral College by a margin of 74 votes ( 306 to Trump ’ s 232 ) .
Biden also won the popular vote in the race , attaining 51.3 percent support among voters across the country , defeating the incumbent president by more than 7 million ballots .

Over the past week, President Donald Trump has twice attempted to convince the Republican leader of the Pennsylvania state House of Representatives to overturn the presidential election results in that state and reward its 20 Electoral College votes to Trump instead of to the real winner, President-elect Joe Biden.
Biden defeated Trump in the highly sought after state by a margin of more than 81,000 votes. But the president has alleged, without proof of any kind, that election fraud was responsible for Biden’s win.
Trump reached out to state Speaker of the House Bryan Cutler, a Republican, twice in recent days to pressure him to have the Pennsylvania legislature overturn its election results, thwarting the will of the voters.
Although Cutler is part of a group of 60 Republican lawmakers encouraging the Pennsylvania congressional delegation to dispute the Electoral College results when Congress convenes to approve them next month, he informed Trump that the state legislature does not have the power to reverse the results from November.
Pennsylvania is the third state where Trump has attempted to reach out to Republicans in leadership roles to try and convince them to overturn the will of the electorate. Last month, Trump met with lawmakers in Michigan to try and compel them to reverse his election loss in the state, and just this past weekend he made similar attempts to overturn election results by reaching out to Georgia Gov. Brian Kemp. In both instances, the president failed at his goal, being told by lawmakers in those states that they were unable to legally do what he was asking.
Trump has made numerous claims of voting improprieties in several states across the country, none of which have held up under scrutiny. In Pennsylvania, his focus has been primarily on allegations of fraud in Democratic cities and strongholds. But all of these allegations have been proven false either by media organizations or in courtrooms where they’ve been brought forward by the president’s legal team.
Trump’s recent attempts with the Pennsylvania state speaker of the house may have been a last-ditch effort to change the results before an important deadline is reached on Tuesday — a day that is colloquially known as “safe harbor day.”
Set in place by a congressional act in the late 1800s, December 8 is the deadline for states to certify their election results, in essence cementing in place the Electoral College votes that candidates for president won in November. Electors are set to meet less than one week from today, on December 14, to officially cast their votes for the presidency, remotely from their home states.
Every state except one so far (Wisconsin) appears ready to meet that deadline. Although challenges still exist within the Badger State, it’s not expected that Wisconsin will alter its plans to give its 10 Electoral College votes to Biden.
After Tuesday, any challenge put forward by Trump will be incredibly difficult to push forward due to the safe harbor deadline, as Harvard Law School professor Laurence Tribe noted on Twitter.
“Trump may think he can block PA from reaching the Dec 8 ‘safe harbor’ just by tossing a stream of crazy requests at the wall so at least one remains up in the air at midnight tonight. But he’s wrong,” Tribe wrote. “Ever since 1877, federal law has ruled that gambit out.”
The results of the presidential election last month indicate that Biden will win the Electoral College by a margin of 74 votes (306 to Trump’s 232). Biden also won the popular vote in the race, attaining 51.3 percent support among voters across the country, defeating the incumbent president by more than 7 million ballots.
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--2020-12-08--Biden Picks Raytheon Board Member Lloyd Austin as Pentagon Chief

President-elect Joe Biden has reportedly decided to nominate retired Army Gen. Lloyd Austin — currently a member of Raytheon ’ s board of directors — to serve as Pentagon chief , a move that comes after initial frontrunner Michèle Flournoy faced mounting opposition from progressive anti-war organizations and activists .
Biden ’ s rejection of Flournoy — a hawk and Booz Allen Hamilton board member — was viewed as a positive by some progressive groups , but the reported nomination of Austin was hardly welcomed with open arms .
“ Tremendous gratitude to the over 2,500 individuals who took action @ @ @ @ @ @ @ ’ s appointment , ” CodePink , part of a coalition of anti-war organizations that mobilized against Flournoy , said late Monday .
“ Get ready , Gen. Austin , we ’ re coming for you.
” Danielle Brian , executive director of watchdog group Project on Government Oversight , tweeted that Biden ’ s selection of Austin — who served as head of the U.S. Central Command during the Obama administration — spells “ bad news for civilian control [ of the armed forces ] and any real distance from the military-industrial @ @ @ @ @ @ @ the selection of another retired general , particularly one with close ties to the weapons industry , to lead the Department of Defense amid a growing push by the Democratic Party ’ s left flank to cut the Pentagon ’ s budget and bring U.S. wars overseas to an end .
According to Politico , “ Biden ’ s transition team has appointed at least four retired generals or admirals and a former top enlisted Marine.
” While the president-elect has vowed to suspend arms sales to Saudi Arabia and end U.S. support @ @ @ @ @ @ @ on Yemen , “ the person Biden has reportedly picked to lead the Department of Defense is on the board of Raytheon , a key supplier of bombs to the U.S.-Saudi war in Yemen that has lobbied aggressively in opposition to curbs on arms sales to the Saudi-led coalition , ” noted In These Times reporter Sarah Lazare .
Because he has been retired from the military for fewer than seven years , Austin — like President Donald Trump ’ s former Defense Secretary , retired Gen. Jim Mattis — must receive a @ @ @ @ @ @ @ the Pentagon .
“ Mattis received a waiver with an 81-to-17 vote in the Senate and a 268-to-151 vote in the House , but the majority of those opposing him were Democrats or caucus with them , ” the Washington Post reported Monday night .
“ They included Sens .
Tammy Duckworth ( Ill. ) , Elizabeth Warren ( Mass . )
, Kirsten Gillibrand ( N.Y. ) , Cory Booker ( N.J. ) , and Bernie Sanders ( I-Vt. ) .
” Jon Rainwater , executive director of advocacy group Peace Action @ @ @ @ @ @ @ current role on the board of Raytheon — one of the largest military contractors in the world — is no mere “ side issue ” given the company ’ s stake in ongoing overseas conflicts .
“ Biden will quickly face calls to block arms sales to the [ United Arab Emirates ] that include Raytheon missiles , ” noted Rainwater , who said Congress must press Austin on such arms sales during his confirmation hearings .
“ The revolving door between Pentagon and industry can easily impact policy , ” Rainwater added @ @ @ @ @ @ @ whammy : 1 ) Concerns about generals instead of civilians in charge and , 2 ) Working for a mega-contractor who benefits from some policies and whose profits are threatened by others.
” Last month , as Common Dreams reported , Reps. Barbara Lee ( D-Calif. ) and Mark Pocan ( D-Wis. ) sent a letter urging Biden to pick a defense secretary without connections to the military-industrial complex , a demand that Peace Action said “ should be basic common sense.
” “ American national security should not be defined by the @ @ @ @ @ @ @ , and Raytheon , ” Pocan said in a statement at the time .
“ Instead of draining the swamp , Donald Trump ensured that his Pentagon lined the pockets of America ’ s most profitable defense contractors .
President-elect Joe Biden has an opportunity to take profits out of policy and build back better .
The American people deserve a defense secretary that puts the American people ’ s safety above corporate profits .
”

President-elect Joe Biden has reportedly decided to nominate retired Army Gen. Lloyd Austin — currently a member of Raytheon’s board of directors — to serve as Pentagon chief, a move that comes after initial frontrunner Michèle Flournoy faced mounting opposition from progressive anti-war organizations and activists.
Biden’s rejection of Flournoy — a hawk and Booz Allen Hamilton board member — was viewed as a positive by some progressive groups, but the reported nomination of Austin was hardly welcomed with open arms.
“Tremendous gratitude to the over 2,500 individuals who took action and contacted the Senate to block Flournoy’s appointment,” CodePink, part of a coalition of anti-war organizations that mobilized against Flournoy, said late Monday. “Get ready, Gen. Austin, we’re coming for you.”
Danielle Brian, executive director of watchdog group Project on Government Oversight, tweeted that Biden’s selection of Austin — who served as head of the U.S. Central Command during the Obama administration — spells “bad news for civilian control [of the armed forces] and any real distance from the military-industrial complex.”
Others similarly raised alarm about the selection of another retired general, particularly one with close ties to the weapons industry, to lead the Department of Defense amid a growing push by the Democratic Party’s left flank to cut the Pentagon’s budget and bring U.S. wars overseas to an end. According to Politico, “Biden’s transition team has appointed at least four retired generals or admirals and a former top enlisted Marine.”
While the president-elect has vowed to suspend arms sales to Saudi Arabia and end U.S. support for the kingdom’s catastrophic assault on Yemen, “the person Biden has reportedly picked to lead the Department of Defense is on the board of Raytheon, a key supplier of bombs to the U.S.-Saudi war in Yemen that has lobbied aggressively in opposition to curbs on arms sales to the Saudi-led coalition,” noted In These Times reporter Sarah Lazare.
The civil-military divide is ever growing and a life career military general overseeing the Department of War (DoD) won’t help. Corrupt corporate profiteering by defense leaders has kept this country mindlessly funding endless war 🦠💣 Terrible and telling, #BidenHarris. https://t.co/LGaIRXSPUw — Vets for the People (@VetsforthePpl) December 8, 2020
Because he has been retired from the military for fewer than seven years, Austin — like President Donald Trump’s former Defense Secretary, retired Gen. Jim Mattis — must receive a congressional waiver to serve as head of the Pentagon.
“Mattis received a waiver with an 81-to-17 vote in the Senate and a 268-to-151 vote in the House, but the majority of those opposing him were Democrats or caucus with them,” the Washington Post reported Monday night. “They included Sens. Tammy Duckworth (Ill.), Elizabeth Warren (Mass.), Kirsten Gillibrand (N.Y.), Cory Booker (N.J.), and Bernie Sanders (I-Vt.).”
Jon Rainwater, executive director of advocacy group Peace Action, said Monday that Austin’s current role on the board of Raytheon — one of the largest military contractors in the world — is no mere “side issue” given the company’s stake in ongoing overseas conflicts.
“Biden will quickly face calls to block arms sales to the [United Arab Emirates] that include Raytheon missiles,” noted Rainwater, who said Congress must press Austin on such arms sales during his confirmation hearings.
“The revolving door between Pentagon and industry can easily impact policy,” Rainwater added. “We have here a double whammy: 1) Concerns about generals instead of civilians in charge and, 2) Working for a mega-contractor who benefits from some policies and whose profits are threatened by others.”
Last month, as Common Dreams reported, Reps. Barbara Lee (D-Calif.) and Mark Pocan (D-Wis.) sent a letter urging Biden to pick a defense secretary without connections to the military-industrial complex, a demand that Peace Action said “should be basic common sense.”
“American national security should not be defined by the bottom lines of Boeing, General Dynamics, and Raytheon,” Pocan said in a statement at the time. “Instead of draining the swamp, Donald Trump ensured that his Pentagon lined the pockets of America’s most profitable defense contractors. President-elect Joe Biden has an opportunity to take profits out of policy and build back better. The American people deserve a defense secretary that puts the American people’s safety above corporate profits.”
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--2020-12-08--A New Trump Proposal Threatens Insurance Coverage Through HealthCare.gov

A proposed Trump Administration rule would undermine the Affordable Care Act ( ACA ) and could cause many people to lose health coverage .
If finalized , the Notice of Benefit and Payment Parameters ( NBPP ) for the 2022 coverage year would encourage privatization of core functions of the health insurance marketplaces , starve HealthCare.gov of needed funds , codify Administration efforts to waive important parts of the ACA , and continue a policy that raises premiums and cost-sharing .
Comments on the rule are due December 30 and can be submitted here .
The proposed rule doubles down @ @ @ @ @ @ @ approval of Georgia ’ s marketplace privatization waiver by letting any state follow suit without a waiver .
Under Georgia ’ s 1332 waiver ( named after section 1332 of the ACA ) , the state will leave HealthCare.gov and require its marketplace enrollees to enroll exclusively through private web brokers or insurers .
This scheme will reduce coverage among the 500,000 Georgians who now enroll through HealthCare.gov , without a broker .
For starters , many people will likely fall through the cracks in this massive change due to confusion about the @ @ @ @ @ @ @ happened in states that shifted from the federal marketplace to a state-based marketplace or vice versa , a transition much simpler for consumers than what Georgia is attempting .
Also , consumers will lose access to HealthCare.gov ’ s apples-to-apples plan comparisons .
Instead , they ’ ll have to rely on profit-driven entities , which can withhold essential information ( like premiums and deductibles ) for plans that don ’ t pay them commissions , forcing consumers to do significant legwork if they want to explore those options .
And these entities @ @ @ @ @ @ @ subpar plans and discourage Medicaid enrollment .
By encouraging more states to follow Georgia ’ s lead , the NBPP would likely cause more loss of coverage and divert more people to subpar plans .
The NBPP would also encourage enrollment assisters and navigators to use enhanced direct enrollment ( EDE ) websites – websites from private brokers authorized to directly enroll people in marketplace plans – instead of HealthCare.gov and let EDE websites operate for up to a year without meeting marketplace requirements for presenting materials in languages other than English .
@ @ @ @ @ @ @ funding for HealthCare.gov .
The NBPP would slash , by 25 percent , the user fee on insurers that helps fund HealthCare.gov operations .
This would compromise support for the enrollment website and call center , marketing , outreach , and enrollment assisters , potentially reducing enrollment and undermining customer service ― which could push more states to privatize their marketplaces .
• Promote state deviations from ACA protections .
The NBPP would codify parts of 1332 guidance from 2018 , which weakens consumer protections by opening the door to waivers that would @ @ @ @ @ @ @ the ACA ’ s protections for people with pre-existing conditions , as well as waivers that would reduce benefits or increase deductibles and cost-sharing .
The guidance likely violates the ACA ’ s statutory “ guardrails , ” which prevent 1332 waivers from reducing coverage or making coverage less comprehensive or less affordable , but codifying it as a rule would make it harder for the incoming Biden Administration to immediately roll it back .
• Continue a policy that raises premiums and cost-sharing .
The Administration ’ s 2019 change in the @ @ @ @ @ @ @ , which cut financial assistance for millions of people , would continue under the NBPP .
And it would have an even greater impact in 2022 , raising premiums by 4.7 percent for most subsidized marketplace consumers after accounting for their tax credits ( compared to about 2.7 percent this year ) .
That amounts to a $ 360 annual premium increase for a family of four with $ 80,000 in income .
The same formula change also increases the limit on consumers ’ total out-of-pocket expenses , which applies to both marketplace @ @ @ @ @ @ @ that limit will be $ 400 higher for an individual , and $ 800 higher for families , than if the 2019 change were reversed .

A proposed Trump Administration rule would undermine the Affordable Care Act (ACA) and could cause many people to lose health coverage. If finalized, the Notice of Benefit and Payment Parameters (NBPP) for the 2022 coverage year would encourage privatization of core functions of the health insurance marketplaces, starve HealthCare.gov of needed funds, codify Administration efforts to waive important parts of the ACA, and continue a policy that raises premiums and cost-sharing. Comments on the rule are due December 30 and can be submitted here.
Encourages Privatization of HealthCare.gov Functions
The proposed rule doubles down on the Administration’s November 1 approval of Georgia’s marketplace privatization waiver by letting any state follow suit without a waiver. Under Georgia’s 1332 waiver (named after section 1332 of the ACA), the state will leave HealthCare.gov and require its marketplace enrollees to enroll exclusively through private web brokers or insurers.
This scheme will reduce coverage among the 500,000 Georgians who now enroll through HealthCare.gov, without a broker. For starters, many people will likely fall through the cracks in this massive change due to confusion about the new process. That’s what happened in states that shifted from the federal marketplace to a state-based marketplace or vice versa, a transition much simpler for consumers than what Georgia is attempting.
Also, consumers will lose access to HealthCare.gov’s apples-to-apples plan comparisons. Instead, they’ll have to rely on profit-driven entities, which can withhold essential information (like premiums and deductibles) for plans that don’t pay them commissions, forcing consumers to do significant legwork if they want to explore those options. And these entities sometimes steer people to short-term and other subpar plans and discourage Medicaid enrollment.
By encouraging more states to follow Georgia’s lead, the NBPP would likely cause more loss of coverage and divert more people to subpar plans.
The NBPP would also encourage enrollment assisters and navigators to use enhanced direct enrollment (EDE) websites – websites from private brokers authorized to directly enroll people in marketplace plans – instead of HealthCare.gov and let EDE websites operate for up to a year without meeting marketplace requirements for presenting materials in languages other than English.
Proposes Additional Harmful Changes
The NBPP also would:
Cut funding for HealthCare.gov. The NBPP would slash, by 25 percent, the user fee on insurers that helps fund HealthCare.gov operations. This would compromise support for the enrollment website and call center, marketing, outreach, and enrollment assisters, potentially reducing enrollment and undermining customer service ― which could push more states to privatize their marketplaces.
The NBPP would slash, by 25 percent, the user fee on insurers that helps fund HealthCare.gov operations. This would compromise support for the enrollment website and call center, marketing, outreach, and enrollment assisters, potentially reducing enrollment and undermining customer service ― which could push more states to privatize their marketplaces. Promote state deviations from ACA protections. The NBPP would codify parts of 1332 guidance from 2018, which weakens consumer protections by opening the door to waivers that would promote enrollment in short-term plans that lack the ACA’s protections for people with pre-existing conditions, as well as waivers that would reduce benefits or increase deductibles and cost-sharing. The guidance likely violates the ACA’s statutory “guardrails,” which prevent 1332 waivers from reducing coverage or making coverage less comprehensive or less affordable, but codifying it as a rule would make it harder for the incoming Biden Administration to immediately roll it back.
The NBPP would codify parts of 1332 guidance from 2018, which weakens consumer protections by opening the door to waivers that would promote enrollment in short-term plans that lack the ACA’s protections for people with pre-existing conditions, as well as waivers that would reduce benefits or increase deductibles and cost-sharing. The guidance likely violates the ACA’s statutory “guardrails,” which prevent 1332 waivers from reducing coverage or making coverage less comprehensive or less affordable, but codifying it as a rule would make it harder for the incoming Biden Administration to immediately roll it back. Continue a policy that raises premiums and cost-sharing. The Administration’s 2019 change in the formula used to calculate premium tax credits, which cut financial assistance for millions of people, would continue under the NBPP. And it would have an even greater impact in 2022, raising premiums by 4.7 percent for most subsidized marketplace consumers after accounting for their tax credits (compared to about 2.7 percent this year). That amounts to a $360 annual premium increase for a family of four with $80,000 in income. The same formula change also increases the limit on consumers’ total out-of-pocket expenses, which applies to both marketplace and employer plans. In 2022, that limit will be $400 higher for an individual, and $800 higher for families, than if the 2019 change were reversed.
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--2020-12-08--If Biden Is Serious About Healing the Country, He Must Change Education Policy

We hope that our schools are safe and nurturing places where children build the intellectual and emotional skills they need to grow into healthy adults .
Unfortunately , for many children in the U.S. , the reality falls far short of this aspiration .
In fact , according to psychologist and education scholar , Lee-Anne Gray , Psy.D.
, the American school system is nothing short of traumatic for many Black students and other students of color .
In her book , Educational Trauma : Examples From Testing to the School-to-Prison Pipeline she exposes how schooling in the U.S. routinely @ @ @ @ @ @ @ their potential , and , in the worst cases , causes lifelong harm .
As a new administration is poised to take the reins of government , Gray says it is time to demand both widespread changes to the U.S. education system and public measures to address the mental health crisis facing many marginalized students .
She urges Joe Biden to start by re-examining Race to the Top , an Obama-era education program that ties funding to performance , and instead begin cultivating compassionate alternatives that promote learning and well-being .
Peter Handel @ @ @ @ @ @ @ a lot of criticism of the American school system .
Many on the left condemn excessive testing , the slashing of arts programs and tying school funding to test scores .
Yet , few would claim that the education in the U.S. actively traumatizes students .
In your book , Educational Trauma , you write , “ Schools are places where trauma is carried out in the name of education.
” Tell us how you came to this view .
Lee-Anne Gray : As a clinical psychologist , certified in treating trauma , @ @ @ @ @ @ @ the youth presenting for care in California .
It was especially evident to me when the prevalence rate of ADD/ADHD rose to the point that teachers were identifying it and referring students to psychiatrists for prescriptions .
I saw that schools in America perpetrated little t traumas every day , everywhere .
Francine Shapiro , the creator of EMDR , a trauma treatment , indicated that shame , slights , humiliation , embarrassments and failures are smaller traumas that can accumulate to critical symptoms .
The rate of bullying and the negative effects @ @ @ @ @ @ @ traumas .
Standard education protocol in the U.S. , with its emphasis on testing , intense competition and conformity , is a breeding ground for little t trauma .
This is particularly problematic in low-income schools where students are dehumanized and often face multiple oppressions before entering the classroom .
Finally , I knew I was seeing trauma when I stumbled across psychologist Alice Miller ’ s concept of “ poisonous pedagogy , ” which describes how harmful practices are perpetuated in the name of education .
From high-stakes testing to harsh discipline @ @ @ @ @ @ @ pedagogy is rife in U.S. schools .
How has education policy in the last few decades contributed to educational trauma ?
No Child Left Behind ( NCLB ) and Race to the Top ( RTTT ) are two federal reward programs offering schools extra funds for higher test scores .
They essentially use a market demand model to demonstrate that students are learning , when , in fact , learning can not be measured in this way .
Testing is a very flawed measure of student success .
Moreover , the model used @ @ @ @ @ @ @ flawed in that teachers ’ careers depend on the scores of students they ’ ve never taught .
Ultimately , these two federal incentive funding programs bind teachers ’ hands so that they aren ’ t able to employ their professional expertise .
Who has been harmed the most by some of these policies and in what ways ?
Scholars , social justice advocates , and some educators have recognized that parts of the educational system lead Black , Latinx and LGBTQ+ youth into the prison-industrial complex by way of the school-to-prison pipeline @ @ @ @ @ @ @ fundamental part of the carceral system , and that sending Black , Latinx and LGBTQ+ youth to school involves a real risk that they won ’ t be educated and receive a diploma , and instead end up with a criminal record .
Black and Latinx students from lower-income communities typically go to schools that are under-resourced .
They are further deprived by the punitive nature of NCLB and RTTT .
It ’ s a vicious circle of poor performance due to poverty and poor pedagogy , sustained by lack of resources .
@ @ @ @ @ @ @ of bonus federal funding .
Teachers and schools are not equipped to deal with the effects of poverty on students and an educational model that is fixated on testing as the only measure of success will never lead to good outcomes .
What do you think the Biden/Harris administration should do to change education policy for the better ?
President-elect Joe Biden has indicated that it ’ s time for the nation to heal , and that it can heal .
This assertion is premised on the fact that the citizens of our @ @ @ @ @ @ @ true for quite some time , and must be fully recognized .
For students , it is largely because schools ensure that maladaptive patterns of educating children continue despite the fact that research demonstrates the consequences .
For example , schools typically deprive students of movement and activities we know are necessary for healthy brain development .
Schools suppress the natural gifts and talents of youth by over controlling learning and stressing rote memorization over critical thinking .
The incoming administration is well-advised to lean into this truth and begin by offering more @ @ @ @ @ @ @ in need .
Furthermore , putting an end to NCLB and RTTT will return classroom time to teachers so they can creatively meet the needs of the students in their classes .
Biden supported RTTT , an Obama-era education program .
Now is his opportunity to replace it with something that truly serves students and families .
By acknowledging that we need to change course , he can both make students ’ lives better and set an example of how a leader can admit and correct a mistake .
We must also make @ @ @ @ @ @ @ the trend toward making schools a for-profit endeavor .
NCLB and RTTT have been disastrous and it is long past time that we move from a model that obsesses over testing to one that encourages critical thinking , problem solving and the development of skills that will make for adults fully capable of participating in a democracy .
Finally , the Biden administration should appoint a Mental Health Secretary — or better yet , a Mental Health Department — that can address the trauma of students and others .
This person or body @ @ @ @ @ @ @ impacted by trauma and how trauma and inequality are linked .
A reasonably resourced arm of government would be both practical and innovative when a country is in crisis to the extent that ours is .
Schools do not exist apart from society and trauma doesn ’ t magically disappear in the classroom .
We need leadership that takes mental health seriously and is willing to make it a priority .
You say that COVID-19 is the largest educational trauma in history .
What do you mean and how should the new administration @ @ @ @ @ @ @ social and economic disparities into sharp focus .
Because everyone has been affected in some way by COVID-19 , it is a trauma that takes place outside of schools but affects schools greatly , the kind that I call ex-situ Educational Trauma .
This type of trauma is an organic moment when structural problems in education can be reversed and ameliorated , essentially beginning the healing of the educational system and all who interact with it .
In 2014-15 , I experimented with democratic models of education combined with Design Thinking to assess @ @ @ @ @ @ @ .
Design Thinking encourages students to creatively and cooperatively solve problems .
It was obvious that traumatized individuals need a lot less instruction and assignments , and a lot more social-emotional learning .
Since all the data and information people need are available online , it is no longer necessary for students to memorize and learn esoteric bits of knowledge .
Instead , they need skills for critical thinking , research , and most importantly in a pandemic , the ability to care for themselves .
Empathic Education for a Compassionate Nation is @ @ @ @ @ @ @ most relevant aspects of modern education .
Empathic Education for a Compassionate Nation is a fluid model that adapts to student , family and community circumstances .
It relies on democratic principles to fully engage students in their educational program , while cultivating citizens capable of participating in democracy .
For traumatized students , it may include play and other forms of recreation to heal the negative effects of sustained trauma .
For others , it may involve highly creative and inventive methods of learning .
Design Thinking has been used in K-12 @ @ @ @ @ @ @ is disseminated among teachers by Stanford University ’ s d.school , as well as the Henry Ford Learning Institute .
It offers the structure required to meet students where they are and build highly relevant problem-solving skills .
What should the new administration do to restore respect and power to teachers ?
By dismantling NCLB and RTTT , funding would be decoupled from test scores .
That would begin the process of empowering educators to creatively and compassionately teach .
Notably , one of the architects of NCLB , Diane Ravitch , has @ @ @ @ @ @ @ .
Teachers often burnout because they are not given the support and respect they need to do the job effectively .
They are expected to single-handedly address problems that are out of their control , and when they fail to do so , are blamed .
Too many talented and dedicated people are leaving the profession or avoiding it because they don ’ t want to be part of a system that dehumanizes both students and teachers .
Paulo Freire , education scholar , described how we educate our children as “ the @ @ @ @ @ @ @ casts students as passive receptacles of knowledge that is deposited by teachers .
This model doesn ’ t educate and is totally unsuitable for producing adults capable of participating in democracy and solving the complex problems we now face .
It is also a total waste of teacher expertise and discourages the very qualities that make for good teaching .
Making U.S. schools places of real education and empowerment is going to be a long process , but we can begin by stopping the scapegoating of teachers for systemic problems and according them @ @ @ @ @ @ @ way to do this is by increasing the prevalence and accessibility of democratic education models , long used the world over .
It ’ s necessary now more than ever because American democracy has been threatened .
You write that much of the testing and sorting of students is rooted in white supremacist ideology and in eugenics .
Can you explain ?
Standardized testing relies on the Bell Curve .
As a method of assessing people , it originated in eugenics , the study of identifying which groups of people have the most @ @ @ @ @ @ @ , and therefore whom we should invest in and encourage to reproduce .
Sir Francis Galton , cousin of Charles Darwin , initiated the field of eugenics for the purpose of identifying superior qualities in people , compared to undesirable traits .
It was destructive , unscientific and an indication of the racism of its exponents .
Unfortunately , it gained traction in the 20th century as a method of improving the human race and therefore , social conditions .
It reached its most horrific application when the Nazis came to power .
@ @ @ @ @ @ @ its legacy lives on .
Ultimately , these ideas are the foundation of standardized testing in American education .
Testing sorts the “ superior ” students from the “ inferior ” students .
It sets the former up for advanced education and the latter for prison and permanent disadvantage .
Routine testing in all schools is linked to the disproportionate imprisonment of marginalized students .
These are genocidal practices that serve white supremacy .
What are some alternative models of education and how do you think we can work toward them in the @ @ @ @ @ @ @ have potential to serve student , family and community needs .
The diversity in educational models is most commonly seen in homeschooling families who have practiced alternative models on a small scale for decades .
There are community schools , Free Schools and Sudbury Valley Schools that offer youth freedom and power in their education .
Design Thinking was used in a democratic setting with mixed-age students at The Connect Group School in 2014-15 , a school I founded , to find a solution to the human-centered problem educating students for the 21st @ @ @ @ @ @ @ combined with rich course offerings is a good initial balance to start with , understanding that the model would need to fluctuate with the needs of the changing student body and communities where they reside .
This interview has been lightly edited for clarity .

We hope that our schools are safe and nurturing places where children build the intellectual and emotional skills they need to grow into healthy adults. Unfortunately, for many children in the U.S., the reality falls far short of this aspiration. In fact, according to psychologist and education scholar, Lee-Anne Gray, Psy.D., the American school system is nothing short of traumatic for many Black students and other students of color. In her book, Educational Trauma: Examples From Testing to the School-to-Prison Pipeline , she exposes how schooling in the U.S. routinely undermines students’ mental health, limits their potential, and, in the worst cases, causes lifelong harm.
As a new administration is poised to take the reins of government, Gray says it is time to demand both widespread changes to the U.S. education system and public measures to address the mental health crisis facing many marginalized students. She urges Joe Biden to start by re-examining Race to the Top, an Obama-era education program that ties funding to performance, and instead begin cultivating compassionate alternatives that promote learning and well-being.
Peter Handel: Across the political spectrum we hear a lot of criticism of the American school system. Many on the left condemn excessive testing, the slashing of arts programs and tying school funding to test scores. Yet, few would claim that the education in the U.S. actively traumatizes students. In your book, Educational Trauma, you write, “Schools are places where trauma is carried out in the name of education.” Tell us how you came to this view.
Lee-Anne Gray: As a clinical psychologist, certified in treating trauma, I observed blatant and overt traumas in the youth presenting for care in California. It was especially evident to me when the prevalence rate of ADD/ADHD rose to the point that teachers were identifying it and referring students to psychiatrists for prescriptions. I saw that schools in America perpetrated little t traumas every day, everywhere. Francine Shapiro, the creator of EMDR, a trauma treatment, indicated that shame, slights, humiliation, embarrassments and failures are smaller traumas that can accumulate to critical symptoms. The rate of bullying and the negative effects of testing are riddled with little t traumas. Standard education protocol in the U.S., with its emphasis on testing, intense competition and conformity, is a breeding ground for little t trauma. This is particularly problematic in low-income schools where students are dehumanized and often face multiple oppressions before entering the classroom.
Finally, I knew I was seeing trauma when I stumbled across psychologist Alice Miller’s concept of “poisonous pedagogy,” which describes how harmful practices are perpetuated in the name of education. From high-stakes testing to harsh discipline to inadequate mental health support, poisonous pedagogy is rife in U.S. schools.
How has education policy in the last few decades contributed to educational trauma?
Standard education protocol in the U.S., with its emphasis on testing, intense competition and conformity, is a breeding ground for trauma.
No Child Left Behind (NCLB) and Race to the Top (RTTT) are two federal reward programs offering schools extra funds for higher test scores. They essentially use a market demand model to demonstrate that students are learning, when, in fact, learning cannot be measured in this way. Testing is a very flawed measure of student success. Moreover, the model used to evaluate school scores is even more flawed in that teachers’ careers depend on the scores of students they’ve never taught. Ultimately, these two federal incentive funding programs bind teachers’ hands so that they aren’t able to employ their professional expertise.
Who has been harmed the most by some of these policies and in what ways?
Scholars, social justice advocates, and some educators have recognized that parts of the educational system lead Black, Latinx and LGBTQ+ youth into the prison-industrial complex by way of the school-to-prison pipeline. This suggests that schools are a fundamental part of the carceral system, and that sending Black, Latinx and LGBTQ+ youth to school involves a real risk that they won’t be educated and receive a diploma, and instead end up with a criminal record. Black and Latinx students from lower-income communities typically go to schools that are under-resourced. They are further deprived by the punitive nature of NCLB and RTTT. It’s a vicious circle of poor performance due to poverty and poor pedagogy, sustained by lack of resources. It is further complicated by the denial of bonus federal funding. Teachers and schools are not equipped to deal with the effects of poverty on students and an educational model that is fixated on testing as the only measure of success will never lead to good outcomes.
What do you think the Biden/Harris administration should do to change education policy for the better?
President-elect Joe Biden has indicated that it’s time for the nation to heal, and that it can heal. This assertion is premised on the fact that the citizens of our country are traumatized. This has been true for quite some time, and must be fully recognized. For students, it is largely because schools ensure that maladaptive patterns of educating children continue despite the fact that research demonstrates the consequences. For example, schools typically deprive students of movement and activities we know are necessary for healthy brain development. Schools suppress the natural gifts and talents of youth by over controlling learning and stressing rote memorization over critical thinking. The incoming administration is well-advised to lean into this truth and begin by offering more funding and resources to the communities most in need. Furthermore, putting an end to NCLB and RTTT will return classroom time to teachers so they can creatively meet the needs of the students in their classes. Biden supported RTTT, an Obama-era education program. Now is his opportunity to replace it with something that truly serves students and families. By acknowledging that we need to change course, he can both make students’ lives better and set an example of how a leader can admit and correct a mistake.
Schools are a fundamental part of the carceral system.
We must also make a public commitment to education and stop the trend toward making schools a for-profit endeavor. NCLB and RTTT have been disastrous and it is long past time that we move from a model that obsesses over testing to one that encourages critical thinking, problem solving and the development of skills that will make for adults fully capable of participating in a democracy.
Finally, the Biden administration should appoint a Mental Health Secretary — or better yet, a Mental Health Department — that can address the trauma of students and others. This person or body would recognize the extent that learning is impacted by trauma and how trauma and inequality are linked. A reasonably resourced arm of government would be both practical and innovative when a country is in crisis to the extent that ours is. Schools do not exist apart from society and trauma doesn’t magically disappear in the classroom. We need leadership that takes mental health seriously and is willing to make it a priority.
You say that COVID-19 is the largest educational trauma in history. What do you mean and how should the new administration address it?
The pandemic has brought social and economic disparities into sharp focus. Because everyone has been affected in some way by COVID-19, it is a trauma that takes place outside of schools but affects schools greatly, the kind that I call ex-situ Educational Trauma. This type of trauma is an organic moment when structural problems in education can be reversed and ameliorated, essentially beginning the healing of the educational system and all who interact with it. In 2014-15, I experimented with democratic models of education combined with Design Thinking to assess how to mitigate and treat Educational Trauma. Design Thinking encourages students to creatively and cooperatively solve problems. It was obvious that traumatized individuals need a lot less instruction and assignments, and a lot more social-emotional learning. Since all the data and information people need are available online, it is no longer necessary for students to memorize and learn esoteric bits of knowledge. Instead, they need skills for critical thinking, research, and most importantly in a pandemic, the ability to care for themselves. Empathic Education for a Compassionate Nation is the model I developed to deliver these most relevant aspects of modern education.
Empathic Education for a Compassionate Nation is a fluid model that adapts to student, family and community circumstances. It relies on democratic principles to fully engage students in their educational program, while cultivating citizens capable of participating in democracy. For traumatized students, it may include play and other forms of recreation to heal the negative effects of sustained trauma. For others, it may involve highly creative and inventive methods of learning. Design Thinking has been used in K-12 education for some time now, and is disseminated among teachers by Stanford University’s d.school, as well as the Henry Ford Learning Institute. It offers the structure required to meet students where they are and build highly relevant problem-solving skills.
What should the new administration do to restore respect and power to teachers?
We need leadership that takes mental health seriously and is willing to make it a priority.
By dismantling NCLB and RTTT, funding would be decoupled from test scores. That would begin the process of empowering educators to creatively and compassionately teach. Notably, one of the architects of NCLB, Diane Ravitch, has loudly opposed it, in recent years. Teachers often burnout because they are not given the support and respect they need to do the job effectively. They are expected to single-handedly address problems that are out of their control, and when they fail to do so, are blamed. Too many talented and dedicated people are leaving the profession or avoiding it because they don’t want to be part of a system that dehumanizes both students and teachers. Paulo Freire, education scholar, described how we educate our children as “the banking model of education,” which casts students as passive receptacles of knowledge that is deposited by teachers. This model doesn’t educate and is totally unsuitable for producing adults capable of participating in democracy and solving the complex problems we now face. It is also a total waste of teacher expertise and discourages the very qualities that make for good teaching. Making U.S. schools places of real education and empowerment is going to be a long process, but we can begin by stopping the scapegoating of teachers for systemic problems and according them and their profession due respect. One way to do this is by increasing the prevalence and accessibility of democratic education models, long used the world over. It’s necessary now more than ever because American democracy has been threatened.
You write that much of the testing and sorting of students is rooted in white supremacist ideology and in eugenics. Can you explain?
Standardized testing relies on the Bell Curve. As a method of assessing people, it originated in eugenics, the study of identifying which groups of people have the most desirable traits, and which do not, and therefore whom we should invest in and encourage to reproduce. Sir Francis Galton, cousin of Charles Darwin, initiated the field of eugenics for the purpose of identifying superior qualities in people, compared to undesirable traits. It was destructive, unscientific and an indication of the racism of its exponents. Unfortunately, it gained traction in the 20th century as a method of improving the human race and therefore, social conditions. It reached its most horrific application when the Nazis came to power. While eugenics has been soundly discredited, its legacy lives on.
Routine testing in all schools is linked to the disproportionate imprisonment of marginalized students. These are genocidal practices that serve white supremacy.
Ultimately, these ideas are the foundation of standardized testing in American education. Testing sorts the “superior” students from the “inferior” students. It sets the former up for advanced education and the latter for prison and permanent disadvantage. Routine testing in all schools is linked to the disproportionate imprisonment of marginalized students. These are genocidal practices that serve white supremacy.
What are some alternative models of education and how do you think we can work toward them in the U.S.?
There are many models that have potential to serve student, family and community needs. The diversity in educational models is most commonly seen in homeschooling families who have practiced alternative models on a small scale for decades. There are community schools, Free Schools and Sudbury Valley Schools that offer youth freedom and power in their education. Design Thinking was used in a democratic setting with mixed-age students at The Connect Group School in 2014-15, a school I founded, to find a solution to the human-centered problem educating students for the 21st century. We found that democratic approaches combined with rich course offerings is a good initial balance to start with, understanding that the model would need to fluctuate with the needs of the changing student body and communities where they reside.
This interview has been lightly edited for clarity.
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--2020-12-09--Fewer Than One-Quarter of GOP Voters Trust the Presidential Election Results

Most in the United States have accepted that Joe Biden won the 2020 presidential election last month , securing 306 Electoral College votes and defeating incumbent President Donald Trump by more than 7 million votes .
However , a sizable number of Republican voters are not yet willing to make that concession .
According to a recent NPR/PBS NewsHour/Marist poll , conducted during the first week of December , 61 percent of Americans overall say they can trust the outcome of the presidential race .
Just 34 percent say they can not trust that the outcome was legitimate .
Most @ @ @ @ @ @ @ .
The poll found that only 24 percent of GOP voters felt the election ’ s outcome was trustworthy , while a whopping 72 percent — nearly 3 in 4 Republicans — said they didn ’ t trust the results .
A similar pattern is noticeable in the poll ’ s question about whether Trump should concede that he lost , something he hasn ’ t yet done and may , in fact , never end up doing .
Just 29 percent of voters overall say he shouldn ’ t concede , while @ @ @ @ @ @ @ , Republicans go against the grain on this question .
While 75 percent of independents and 93 percent of Democratic-leaning voters say he should concede , only 31 percent of Republicans think Trump should accept defeat , while 62 percent say he should hold out and continue to dispute the outcome of the presidential race .
There is no reason for Trump-supporting voters to believe that the election ’ s outcome is illegitimate — no proof of any kind provided by the president or his allies has shown that the election was “ @ @ @ @ @ @ @ any kind altered the election ’ s results .
This point is highlighted by the fact that Trump and his allies have failed to win a single significant court case so far where they ’ ve brought up such errant claims of fraud .
In fact , as of Wednesday , Trump and others supporting his cause to overturn the election results have lost 51 post-election lawsuits .
In only one instance has a judge ruled in favor of Trump — a minor case that did not result in any reversal in outcome @ @ @ @ @ @ @ evidence supporting the president ’ s false claims of fraud , Trump ’ s backers have fervently insisted that fraud did indeed occur — sometimes doing so in ways deemed as violent .
Trump supporters have , in multiple instances , resorted to violent rhetoric and threats against officials who have truthfully said fraud wasn ’ t an issue in the presidential race .
Armed individuals surrounded Michigan Secretary of State Jocelyn Benson ’ s home over the weekend , for instance , shouting obscenities toward her and her family while making demands @ @ @ @ @ @ @ outcome in her state .
In Arizona , the Twitter account for the Republican Party of Arizona shared a tweet from an ardent Trump supporter who said they themselves were willing to give their life “ for this fight ” to help Trump stay president .
And in Wisconsin , Ann Jacobs , chair of the state ’ s Elections Commission , expressed alarm that “ people on Twitter have posted photographs of my house.
” Jacobs also noted that she has received direct threats , including one that mentioned her children and @ @ @ @ @ @ @ ” would be showing up at her door in the near future .
“ Someone is going to get hurt .
Someone is going to get shot .
Someone ’ s going to get killed , ” Gabriel Sterling , the voting system implementation manager for the state of Georgia , said last week after a member of his staff was threatened with violence .
“ And it ’ s not right .
It ’ s not right .
”

There is no evidence of any kind that demonstrates fraud altered the outcome of the 2020 presidential race.
Most in the United States have accepted that Joe Biden won the 2020 presidential election last month, securing 306 Electoral College votes and defeating incumbent President Donald Trump by more than 7 million votes.
However, a sizable number of Republican voters are not yet willing to make that concession.
According to a recent NPR/PBS NewsHour/Marist poll, conducted during the first week of December, 61 percent of Americans overall say they can trust the outcome of the presidential race. Just 34 percent say they cannot trust that the outcome was legitimate.
Most of those who are skeptical are Republicans. The poll found that only 24 percent of GOP voters felt the election’s outcome was trustworthy, while a whopping 72 percent — nearly 3 in 4 Republicans — said they didn’t trust the results.
A similar pattern is noticeable in the poll’s question about whether Trump should concede that he lost, something he hasn’t yet done and may, in fact, never end up doing. Just 29 percent of voters overall say he shouldn’t concede, while 65 percent say he should.
Again, Republicans go against the grain on this question. While 75 percent of independents and 93 percent of Democratic-leaning voters say he should concede, only 31 percent of Republicans think Trump should accept defeat, while 62 percent say he should hold out and continue to dispute the outcome of the presidential race.
There is no reason for Trump-supporting voters to believe that the election’s outcome is illegitimate — no proof of any kind provided by the president or his allies has shown that the election was “rigged” or that widespread fraud of any kind altered the election’s results.
This point is highlighted by the fact that Trump and his allies have failed to win a single significant court case so far where they’ve brought up such errant claims of fraud. In fact, as of Wednesday, Trump and others supporting his cause to overturn the election results have lost 51 post-election lawsuits. In only one instance has a judge ruled in favor of Trump — a minor case that did not result in any reversal in outcome.
In spite of the lack of evidence supporting the president’s false claims of fraud, Trump’s backers have fervently insisted that fraud did indeed occur — sometimes doing so in ways deemed as violent. Trump supporters have, in multiple instances, resorted to violent rhetoric and threats against officials who have truthfully said fraud wasn’t an issue in the presidential race.
Armed individuals surrounded Michigan Secretary of State Jocelyn Benson’s home over the weekend, for instance, shouting obscenities toward her and her family while making demands for her to overturn the presidential election outcome in her state.
In Arizona, the Twitter account for the Republican Party of Arizona shared a tweet from an ardent Trump supporter who said they themselves were willing to give their life “for this fight” to help Trump stay president.
And in Wisconsin, Ann Jacobs, chair of the state’s Elections Commission, expressed alarm that “people on Twitter have posted photographs of my house.” Jacobs also noted that she has received direct threats, including one that mentioned her children and said “quite a crowd of patriots” would be showing up at her door in the near future.
“Someone is going to get hurt. Someone is going to get shot. Someone’s going to get killed,” Gabriel Sterling, the voting system implementation manager for the state of Georgia, said last week after a member of his staff was threatened with violence. “And it’s not right. It’s not right.”
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.
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truthout--2020-12-09--Georgia Senators Back Lawsuit Trying to Invalidate Their Own Constituents’ Votes

Ahead of the dual senate runoffs set to take place within a month in Georgia , the two Republican incumbent senators , Kelly Loeffler and David Perdue , have signed a joint statement voicing support to invalidate the state ’ s presidential election outcome last month .
Georgia voters narrowly chose President-elect Joe Biden to become the next commander-in-chief , defeating President Donald Trump by a margin of just over 12,000 votes .
Since then , Trump has insisted that voter fraud , in Georgia and elsewhere , was responsible for his electoral loss , but has cited no factual @ @ @ @ @ @ @ On Tuesday , Texas Attorney General Ken Paxton filed a lawsuit against four states , including Georgia , alleging that changes to election laws made in response to the coronavirus pandemic were in violation of federal statutes , and that those changes allowed fraud to occur .
However , Paxton ’ s lawsuit , much like the president ’ s complaints , does not contain any proof that fraud of any kind was actually committed .
In response to the lawsuit , which seeks to have the U.S. Supreme Court invalidate the election @ @ @ @ @ @ @ Republican-controlled state legislatures to decide the winner instead , Georgia Attorney General Christopher Carr , himself a Republican , issued a statement decrying Paxton ’ s attempts to overturn the will of the voters in his state .
“ With all due respect , the Texas Attorney General is constitutionally , legally and factually wrong about Georgia , ” Carr said in his statement .
The issue of whether the election results in Georgia should be trusted or not has created a rift within the Republican Party in that state .
Gov .
@ @ @ @ @ @ @ Raffensperger , as well as a number of other state officials , maintain that the election was secure and free of fraud that Trump and others have wrongly asserted affected the integrity of the presidential election results .
Yet not every Republican shares that view .
Nearly half of the Georgia state Senate Republicans have issued a statement in support of the Texas lawsuit , endorsing the plan to disenfranchise the voters of Georgia in last month ’ s election .
U.S .
Senators Kelly Loeffler and David Perdue , both Republicans who @ @ @ @ @ @ @ elections next month against Democratic challengers Raphael Warnock and Jon Ossoff , respectively , have also expressed their support of the Texas lawsuit , writing in a joint statement that they believe Trump has a right to ensure “ full transparency and uniformity in the counting process ” of the ballots in the presidential race .
“ We fully support President Trump ’ s legal recourses and Attorney General Paxton ’ s lawsuit , ” the two said .
Georgia has counted its ballots from the presidential election three times now , including @ @ @ @ @ @ @ the ballots have indicated that Biden was the winner in the state , and zero evidence of election fraud has surfaced .
Backing a lawsuit to invalidate their own constituents ’ votes in last months ’ races is perhaps a risky gambit for the two Republican senators ahead of their January 5 runoff elections .
It ’ s possible that taking a position that the election wasn ’ t trustworthy could result in their base of voters being less inclined to turn out to vote , viewing the runoff elections as being no @ @ @ @ @ @ @ That being said , it might be just as risky for the two incumbent senators not to back Trump ’ s unsubstantiated claims of fraud .
Going against the president would not only earn his ire , it could also upset their base of supporters , causing some of them to sit out the runoff races altogether , resulting in one or both Democratic challengers winning .
The stakes are high for these two races .
If Democrats are successful in winning both runoff elections , the makeup of the Senate would be @ @ @ @ @ @ @ President-elect Kamala Harris being the tie-breaking vote in that chamber of Congress .
If Republicans are successful in winning just one of the two seats up for grabs , then Republicans will keep control of the Senate , allowing current Senate Majority Leader Mitch McConnell to obstruct the legislative priorities of Democrats and President Biden .
There aren ’ t a lot of polls for the runoff race available , but a recent SurveyUSA poll from the end of last month shows the race will likely be a tight one .
Ossoff is @ @ @ @ @ @ @ of 2 percent ( 50 percent to 48 percent ) — a statistical tie .
The race between Warnock and Loeffler is a bit wider , with the Democrat leading the incumbent Republican by 7 points — 52 percent to 45 percent — according to that poll .

After counting ballots three times, the results are clear: Biden defeated Trump by more than 12,000 votes in the state.
Ahead of the dual senate runoffs set to take place within a month in Georgia, the two Republican incumbent senators, Kelly Loeffler and David Perdue, have signed a joint statement voicing support to invalidate the state’s presidential election outcome last month.
Georgia voters narrowly chose President-elect Joe Biden to become the next commander-in-chief, defeating President Donald Trump by a margin of just over 12,000 votes. Since then, Trump has insisted that voter fraud, in Georgia and elsewhere, was responsible for his electoral loss, but has cited no factual evidence to back his audacious claims.
On Tuesday, Texas Attorney General Ken Paxton filed a lawsuit against four states, including Georgia, alleging that changes to election laws made in response to the coronavirus pandemic were in violation of federal statutes, and that those changes allowed fraud to occur. However, Paxton’s lawsuit, much like the president’s complaints, does not contain any proof that fraud of any kind was actually committed.
In response to the lawsuit, which seeks to have the U.S. Supreme Court invalidate the election results of those four states and allow Republican-controlled state legislatures to decide the winner instead, Georgia Attorney General Christopher Carr, himself a Republican, issued a statement decrying Paxton’s attempts to overturn the will of the voters in his state.
“With all due respect, the Texas Attorney General is constitutionally, legally and factually wrong about Georgia,” Carr said in his statement.
The issue of whether the election results in Georgia should be trusted or not has created a rift within the Republican Party in that state. Gov. Brian Kemp and Secretary of State Brad Raffensperger, as well as a number of other state officials, maintain that the election was secure and free of fraud that Trump and others have wrongly asserted affected the integrity of the presidential election results.
Yet not every Republican shares that view. Nearly half of the Georgia state Senate Republicans have issued a statement in support of the Texas lawsuit, endorsing the plan to disenfranchise the voters of Georgia in last month’s election.
U.S. Senators Kelly Loeffler and David Perdue, both Republicans who are set to take part in runoff elections next month against Democratic challengers Raphael Warnock and Jon Ossoff, respectively, have also expressed their support of the Texas lawsuit, writing in a joint statement that they believe Trump has a right to ensure “full transparency and uniformity in the counting process” of the ballots in the presidential race.
“We fully support President Trump’s legal recourses and Attorney General Paxton’s lawsuit,” the two said.
Georgia has counted its ballots from the presidential election three times now, including two recounts. All three counts of the ballots have indicated that Biden was the winner in the state, and zero evidence of election fraud has surfaced.
Backing a lawsuit to invalidate their own constituents’ votes in last months’ races is perhaps a risky gambit for the two Republican senators ahead of their January 5 runoff elections. It’s possible that taking a position that the election wasn’t trustworthy could result in their base of voters being less inclined to turn out to vote, viewing the runoff elections as being no more trustworthy than the previous one.
That being said, it might be just as risky for the two incumbent senators not to back Trump’s unsubstantiated claims of fraud. Going against the president would not only earn his ire, it could also upset their base of supporters, causing some of them to sit out the runoff races altogether, resulting in one or both Democratic challengers winning.
The stakes are high for these two races. If Democrats are successful in winning both runoff elections, the makeup of the Senate would be an even 50-50 split, with Vice President-elect Kamala Harris being the tie-breaking vote in that chamber of Congress. If Republicans are successful in winning just one of the two seats up for grabs, then Republicans will keep control of the Senate, allowing current Senate Majority Leader Mitch McConnell to obstruct the legislative priorities of Democrats and President Biden.
There aren’t a lot of polls for the runoff race available, but a recent SurveyUSA poll from the end of last month shows the race will likely be a tight one. Ossoff is currently leading Perdue by a slim margin of 2 percent (50 percent to 48 percent) — a statistical tie. The race between Warnock and Loeffler is a bit wider, with the Democrat leading the incumbent Republican by 7 points — 52 percent to 45 percent — according to that poll.
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.