Algeria and French Polynesia suffer from France’s 30 years of nuclear bomb testing
But Jean-Claude Hervieux has other memories. He joined the French testing efforts in Algeria as an electrician. He remembers a nuclear test in 1962 that did not go according to plan.
Radioactive dust and rock escaped from underground. Hervieux and others observing the testing ran for shelter. Two French ministers were among them. The group washed themselves in a military housing area to decontaminate.
France held more than 200 nuclear tests until a later president, Jacques Chirac, ended testing in 1996. Most tests took place in French Polynesia. But 17 took place in Algeria between 1960 and 1966, ending four years after Algeria’s independence from France.
Brahim Oumansour is a North Africa expert at the French Institute of International Relations in Paris. He said, “It’s part of the whole issue of decolonization and Algerians in general asking for recognition of colonization crimes.” He added that official recognition and financial compensation for the Algerian tests could cost millions of dollars.
Hervieux spent 10 years working on nuclear test areas in Algeria and later French Polynesia. Now 80 and living in France’s Lyon area, he says he is physically fine. But he used to receive some questionable radioactive testing results from the French government……
France’s nuclear compensation commission, CIVEN, said more than 1,600 claims have been filed under a 2010 French law that finally recognized health problems related to the testing.
Only about one-third have met the requirements needed to receive financial benefits. The requirements include about 24 possible radiation-related cancers. Almost all the claims came from France and French Polynesia. Of the 51 claims from Algeria, only one has been compensated…. https://learningenglish.voanews.com/a/questions-remain-as-france-marks-60-years-since-nuclear-tests-/5287541.html
Plutonium-affected U.S. airmen, cancers, deaths, and a new legal ruling
The Palomares disaster occurred on Jan. 17, 1966, when an American B-52 bomber on a Cold War patrol exploded during a midair refueling accident, sending four hydrogen bombs hurtling toward the ground. They were not armed, so there was no nuclear detonation, but the conventional explosives in two of the bombs blew up on impact, scattering pulverized plutonium over a patchwork of farm fields and stucco houses.
Plutonium is extremely toxic, but it often acts slowly. The alpha-particle radiation it gives off travels only a few inches and would not penetrate skin. But inhaled plutonium dust can lodge in the lungs and steadily irradiate surrounding tissue, gradually inflicting damage that can cause cancer and other ailments, sometimes decades later. A single microgram absorbed in the body is enough to be harmful; according to declassified Atomic Energy Commission reports, the bombs that blew apart at Palomares contained more than 3 billion micrograms.
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For Many Who Cleaned Up a Nuclear Mess, a Key Ruling Comes Too Late
Air Force veterans who dealt with a Cold War-era atomic accident in Spain won the right to sue collectively for health benefits — but not before many had lost battles with cancer. https://www.nytimes.com/2020/02/11/us/palomares-air-force-nuclear.html By Dave Philipps SPRINGFIELD, Mo. — On Christmas Eve, Victor Skaar mailed a stack of letters to Air Force veterans he had served with in Palomares, Spain, scrawling a simple headline at the top of each one: “Great News!” Mr. Skaar, a retired chief master sergeant, was one of 1,600 troops scrambled by the Air Force in 1966 to clean up a classified nuclear disaster by collecting debris and shoveling up plutonium-laced soil. Many were later stricken with cancer and other ailments, and tried without success to get the federal government to take responsibility and pay for their medical care. He wanted to spread the word about an encouraging development: A lawsuit he had filed against the Department of Veterans Affairs had been certified as a class action, meaning that there was finally a chance to set the plutonium case straight, not just for him but for everyone who was there. But his letters soon began trickling back to him: Undeliverable. No forwarding address. One brought a reply from a widow. Each one in his mailbox made his heart sink. “For many of them, it’s too late,” he said of his comrades. “They’re gone.” As one of the first cases ever granted class-action status by the Court of Appeals for Veterans Claims, the Skaar lawsuit represents a major step forward for veterans with long-term health issues linked to toxic exposure in the service.
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Six legal arguments against the extradition of Julian Assange to America
Six legal arguments show why the US extradition of Julian Assange should be denied https://www.thecanary.co/uk/analysis/2020/01/25/six-legal-arguments-show-why-the-us-extradition-of-julian-assange-should-be-denied/ Tom Coburg 25th January 2020 The first of two articles examining Julian Assange’s upcoming extradition trial.
There are at least six legal reasons why the extradition request by the US against WikiLeaks founder Julian Assange should be dismissed by the UK courts. The main extradition hearing is scheduled to commence 24 February 2020, with district judge Vanessa Baraitser presiding. The evidence to support Assange is compelling.
1. Client-lawyer confidentiality breached
2. The initial charge is flawed
1. Client-lawyer confidentiality breached
3. Initial charge relies on co-operation from Manning
4. Additional charges raised by the US are political
5. US legal precedent argues that Assange’s work is protected by the US Constitution
6. Threats of violence against Assange mean he’s unable to receive a fair trial
1. Client-lawyer confidentiality breached Continue reading
Japanese High Court rules against nuclear reactor restart
Japan court halts nuclear reactor restart citing volcano, earthquake risks, Channel News Asia. 17 Jan 2020
TOKYO: A Japanese nuclear reactor near a fault line must remain shut because of the risk of its being struck by earthquakes and volcanic eruptions, a high court ordered on Friday (Jan 17).
All nuclear power stations were shut down after the 2011 Fukushima nuclear accident following a catastrophic tsunami, and many remain closed.
The Japanese public has turned against atomic power, despite Prime Minister Shinzo Abe insisting the nation needs nuclear plants to power the world’s third-largest economy, and the court decision was a boost for the country’s anti-nuclear movement.
The move by the Hiroshima High Court reversed a lower court decision in March that would have allowed the reactor at the Ikata nuclear plant in western Japan to resume operations.
The plant’s operator, Shikoku Electric Power, wanted to resume work at the reactor, which had been halted for routine inspections, and said it will appeal the high court’s ruling.
The case was originally lodged by residents of a neighbouring region who complained the utility failed to properly evaluate the risks posed by a local volcano and seismic faultlines……… https://www.channelnewsasia.com/news/asia/japan-court-halts-ikata-nuclear-reactor-restart-volcano-quake-12274482
Israel’s High Court rejects Vanunu’s bid to leave Israel
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Nuclear whistleblower Vanunu denied permission to leave Israel High court rejects petition from man who revealed country’s nuclear secrets in 1986, Irish Times, Mark Weiss in Jerusalem , 16 Dec 19 Israel’s high court has rejected a petition from Mordechai Vanunu, the man who revealed the country’s nuclear secrets to the world in 1986, to be permitted to leave the country. The justices ruled that based on the material shown them, Mr Vanunu possessed secret and sensitive information that he had not revealed and that if he did, this would be dangerous for state security. They also ruled that they had been persuaded that the nuclear whistleblower wished to reveal his information. At the same time, they urged the state to continue to try to find ways to ease Mr Vanunu’s conditions in Israel. For years Mr Vanunu has demanded that Israel rescind his citizenship and allow him to leave the country. Mr Vanunu, a low-level technician at Israel’s Dimona nuclear plant, first hit the headlines in 1986 when he leaked details with photographs he took surreptitiously to the British Sunday Times. The revelations marked the first concrete proof that Israel had the capacity to manufacture nuclear bombs. Nuclear ambiguity’Israel maintains a policy of “nuclear ambiguity”, neither confirming nor denying foreign reports of its nuclear potential. It has refused to sign the nuclear Non-Proliferation Treaty or to allow international surveillance of its Dimona plant in the southern Negev desert. Partly based on the secrets Mr Vanunu revealed, foreign experts have concluded that Israel is the world’s sixth-largest nuclear power……… In 2004 he completed an 18-year sentence, most of which was spent in solitary confinement. However, strict conditions were attached to his release, including a ban on leaving the country, a ban on entering the Palestinian territories and a ban on meeting foreign journalists. Since his release, Mr Vanunu has twice served jail terms after convictions for parole violations. |
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Ohio: the nuclear industry’s violent assault on democracy
Ohio’s GOP secretary of state has now asked the Ohio Supreme Court NOT to provide a federal judge with answers about key procedural questions surrounding the state’s referendum process.
The short-term issue is about a billion-dollar bailout for two nuke reactors and two coal burners.
Long-term it asks whether targeted violence perpetrated by paid thugs will now define our election process. And whether the public referendum will remain a workable part of our democracy.
The battle starts with House Bill 6, the now-infamous billion-dollar nuke bailout approved by the corrupt, gerrymandered Ohio legislature in late July.
HB6 forces all Ohio ratepayers to subsidize two crumbling nukes on Lake Erie, along with two decrepit coal burners, one of them in Indiana. It helps underwrite ten small solar farms, but undercuts much larger subsidies for other wind and solar facilities.
The Perry reactor east of Cleveland, and Davis-Besse near Toledo, are among the world’s most dangerous, decrepit reactors. Both were set to shut because they cannot compete with wind and solar, as well as fracked gas.
But Akron-based FirstEnergy spent millions to “persuade” the legislature to hand them a billion dollars to keep their uncompetitive, uninsured and essentially unregulated reactors on line.
When the bailout passed, a statewide group called Ohioans Against Corporate Bailouts turned in a petition for a repeal referendum on the 2020 ballot. The law allows 90 days for referendum sponsors to gather signatures to get on the ballot. In this case 265,711 would be required.
Ohio’s Attorney General David Yost sat on the request for 19 days, then rejected it. OACB filed a second application, which the AG sat on for another 19 days before approving it.
That left the petitioners just 52 days to gather signatures.
But signature gatherers were immediately attacked with violent threats and bribery offers. In the field, they (and potential signatories) were physically assaulted by “blockers” hired by the nuclear industry. Sworn testimony about these attacks was filmed at a public gathering in Columbus and can be seen here:
https://freepress.org/article/free-press-second-saturday-petition-blockers-threaten-our-democracy
Bailout opponents then went to federal court to ask that the 38 days consumed by the AG be restored to the petition campaign, which came up short at the 90-day deadline. A federal judge asked for guidance from the Ohio Supreme Court and submitted five questions for the Justices to answer.
And here things have leapt to another level. Frank LaRose, the Ohio Secretary of State, has now asked the Ohio Supreme Court NOT to respond to the federal judge’s queries.
In other words: the Republican attorney general killed nearly half the allotted signature gathering time for the repeal of this bailout. A federal judge has asked to hear from the state Supreme Court. And now Ohio’s Republican secretary of state has asked that Court NOT to comply, in a direct attempt to prevent Ohioans from voting on whether they’re to be forced to pay a billion dollar subsidy for two lethal, money losing atomic reactors.
This shocking combination of overt threats, bribery and outright physical violence, combined with judicial stall tactics by elected Ohio officials, breaks new ground in the assault on democracy itself in the American heartland.
The issue cuts to the core of the 2020 election. Donald Trump has met personally with at least one principal lobbyist for FirstEnergy, the prime beneficiary of the bailout. At least one of his associates lobbied at least five legislators in its behalf.
But a statewide referendum for repeal could be catastrophic for the GOP. Polls show more than 60% of Ohioans opposed. That includes much of the normally corporate statewide media. Many big industrial organizations have joined the fossil fuel industry here in fighting it.
If the referendum does get on the 2020 ballot, it will clearly energize a strong progressive voter turnout. Outraged ratepayers could very easily make the difference in a closely divided swing state. So for Trump and his minions, killing a vote on this billion-dollar rip-off is vital.
Their assault must be seen as part of a larger attack on democracy itself. The right to referendum has been established in numerous states for a century or more. That physical violence, choreographed bribery and official legal manipulation would now be used to kill it bodes badly for our future.
From the rise in violent white supremacist bigotry, to unaccountable police murders, to Charlottesville, to the recent attack on Code Pink’s Medea Benjamin to the concerted Republican assault on paper ballots and fair, inclusive voting practices, it’s clear the GOP intends to gut democracy in 2020 and beyond.
This all-out utility and official attack on the referendum process in Ohio has put a billion-dollar price tag on two nukes capable of doing trillions in damage to human health and the eco-systems of the Great Lakes region.
But it also signals a broader war against both democracy and truth, one we must all take very, very seriously.
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Attorney Bob Fitrakis, Ph.D., is publisher of the Columbus Free Press. He’s co-author
Judge declines to stop fuel transfer at San Onofre nuclear plant,
Judge declines to stop fuel transfer at San Onofre nuclear plant,
Environmentalists sought interruption following violations by plant owner Edison, San Diego Union Tribune, By JEFF MCDONALD, NOV. 2, 2019
In a ruling Thursday, Judge Timothy B. Taylor said majority plant owner Southern California Edison was in compliance with a 2017 settlement agreement that requires the utility to make “commercially reasonable” efforts to move the waste……..https://www.sandiegouniontribune.com/news/watchdog/story/2019-11-02/judges-declines-to-stop-fuel-transfer-at-san-onofre-nuclear-plant
Legal action on The Marshall Islands’ leaky radioactive nuclear waste dome?
This Concrete Dome Holds A Leaking Toxic Timebomb | Foreign Correspondent
Leaking nuclear waste dome: Marshalls consider legal action https://www.rnz.co.nz/international/pacific-news/402002/leaking-nuclear-waste-dome-marshalls-consider-legal-action
But according to the Marshall Islands Nuclear Commission, more than 99 per cent of the waste has seeped into the atoll’s lagoon.
Commission’s chair Rhea Moss-Christian said the Marshall Islands was exploring legal remedies to obtain compensation from the US government.
“The political environment is always changing. We don’t know what the future brings. But as a nation that is still dealing with the impacts, we can’t afford to sit back and accept that there’s nothing further that can be done.”
The Runit Dome on Enewetak atoll was used to store radioactive materials left over from US nuclear weapons testing during the 1940s and ’50s.
But according to the Marshall Islands Nuclear Commission, more than 99 per cent of the waste has seeped into the atoll’s lagoon.
Commission’s chair Rhea Moss-Christian said the Marshall Islands was exploring legal remedies to obtain compensation from the US government.
“The political environment is always changing. We don’t know what the future brings. But as a nation that is still dealing with the impacts, we can’t afford to sit back and accept that there’s nothing further that can be done.”
The Pacific Islands Forum Chair, Dame Meg Taylor, has called for an independent audit into the Runit Dome. Her UN counterpart, Antonio Guterres, has also raised concerns about the potential radioactive fallout.
The Nuclear Commission is due to start work in November on an impact study of the dome which will take up to three years.
The commission’s report highlighted a number of ongoing impacts of American nuclear weapons testing, including forced migration and high rates of cancer it said had been exacerbated by US refusal of requests for assistance with cancer treatment facilities.
“The absence of cancer care facilities and its link to forced migration are deplorable, and it means that the violence of the testing program continues despite the cessation of weapons testing,” the report said.
It also called for broader support with compensation for victims of nuclear testing, adding that Marshall Islands officials would raise nuclear justice in all official discussions with the US government.
According to the report, a US-funded Nuclear Claims Tribunal ended payments in 2009, leaving more than $US2.2 billion in unpaid compensation.
The Marshall Islands will also request UN agencies conduct its study of radiation levels in nuclear testing sites and their impact on communities.
Establishing a National Nuclear Archive would also be explored, as well as a memorial or monument “commemorate the hundreds of Marshallese who sacrificed their health and homeland for the U.S. nuclear weapons testing program”.
Ms Moss-Christian said the Marshall Islands’ election to the UN Human Rights Council earlier this month provided a new platform for seeking assistance.
“Compensation is definitely a priority for affected communities. There are also other forms of nuclear justice, and some of those areas are where the UN can step in and provide assistance,” she said.
New legal hearing for opposition to Plant Vogtle nuclear expansion
Lawsuit challenging decision to finish Plant Vogtle nuclear expansion to get new hearing, https://www.bizjournals.com/atlanta/news/2019/10/30/lawsuit-challenging-decision-to-finish-plant.html By Dave Williams – Staff Writer, Atlanta Business Chronicle Oct 30, 2019, A lawsuit challenging the Georgia Public Service Commission’s (PSC) decision to let Georgia Power Co. finish the long-delayed, over-budget Plant Vogtle nuclear expansion is about to get another airing.The Georgia Court of Appeals issued a ruling late Tuesday sending the case back to Fulton County Superior Court, which had dismissed the suit without considering its merits.
The Southern Environmental Law Center and the Barnes Law Group, headed by former Gov. Roy Barnes, filed suit following the December 2017 PSC vote authorizing Atlanta-based Georgia Power to finish building two additional nuclear reactors at the plant south of Augusta, Ga.
The cost of the project has ballooned from $14 billion when it was approved a decade ago to $25 billion. The work has run into numerous delays caused in part by the bankruptcy of Westinghouse Electric Co., the original prime contractor, forcing the schedule for completion to be put back from 2016 and 2017 to 2021 and 2022.
The lawsuit contends opponents should not have to wait until the project is completed to press their claims that the PSC vote was improper. The Court of Appeals returned the case to Fulton County for the lower court to determine whether the groups that filed the suit have demonstrated delaying their appeal until after the project is finished would not provide an adequate remedy.
“We’re glad to have another day in court to show the commission’s decision to continue Plant Vogtle despite dramatic changes to the cost and schedule and increased risk to customers was rushed and procedurally improper,” said Kurt Ebersbach, senior attorney for the Southern Environmental Law Center. “We will make our case that the only way to undo the enormous harm to customers resulting from that decision is for the superior court to hear this case now.”
Georgia Power, a subsidiary of The Southern Co. (NYSE: SO), issued a statement Wednesday defending the PSC’s decision as “well within its authority” and appropriate under the law.
“The recommendation to move forward with the Vogtle project was thoroughly discussed and evaluated through Georgia’s open and transparent regulatory process,” the statement read. “Georgia Power complied with all rules and laws throughout the proceeding, and we strongly disagree with any claims to the contrary.”
While the PSC allowed the Vogtle expansion to continue in its December 2017 vote, commissioners also ordered Georgia Power to absorb some of the cost overruns.
Restriction of defence arguments in the trial of Catholic peace activists
Convicted Anti-Nuclear Activists Speak Out: “Pentagon Has Brainwashed People” https://truthout.org/articles/convicted-anti-nuclear-activists-speak-out-pentagon-has-brainwashed-people/?eType=EmailBlastContent&eId=177551ee-b430-44b8-afe2-cbe78a6a6b09 Marjorie Cohn, Truthout, 28 Oct 19,The seven Catholic peace activists who were convicted on October 24 for their symbolic protest against nuclear weapons at the Kings Bay Naval Base are now facing a two-to-three-month wait to hear their prison sentences. They could face more than 20 years in prison.
“We understand the efficiency of the State is a formidable force, and we ourselves are not surprised with the guilty verdict on all counts,” Hennessy told Truthout. “In a time of withdrawing from nuclear treaties and promoting violence in foreign policy, we are left to wonder what the future may hold for the world.”
Facing a Jury Without Opinions on Nuclear Risks
The jury that convicted the Kings Bay Plowshares 7 activists was self-avowedly apathetic about the risks posed to humanity by nuclear weapons, and the judge and prosecution worked together to prevent the defendants from sharing information or arguments to raise jurors’ consciousness on the issue.
Sam Husseini, communications director at the Institute for Public Accuracy, a progressive nonprofit organization, attended the three-day trial. “It was a subtly but insidiously controlled courtroom with the judge and prosecution working hand in glove,” Husseini told Truthout. “The defendants were allowed to speak about their religious beliefs and to some degree how they relate to nuclear weapons. But it was all presented as subjective, and expert testimony on international law, and justification and necessity of urgent action were excluded.”
The defendants, who said they were following the command of the biblical prophet Isaiah to “beat swords into plowshares,” were denied the right to present the defenses of necessity, which allows one to commit a crime in order to avoid a greater harm. They were also denied the right to discuss the Religious Freedom Restoration Act, which “ensures that interests in religious freedom are protected.” Thus, they were limited to their own testimony about their subjective motivations for their acts.
“Defendants were allowed to briefly discuss their moral objections to nuclear weapons but were cut off quickly. No outside evidence or testimony was allowed,” defense attorney Bill Quigley told Truthout.
Husseini added: “The manner that the judge allowed the case to be made did not make it clear that the house was indeed on fire — or even that there was a house. The reality of the nuclear weapons, the threat they pose, and certainly their illegality, were not objectively communicated” to the jury.
Speaking with Truthout in an exclusive email interview, defendant Patrick O’Neill shared an anecdote that further highlights the degree to which the jury reflected the widespread ignorance about nuclear risks that exists in the U.S. now.
“When Judge Lisa Wood asked the entire jury pool: ‘Do any of you have a strong opinion about nuclear weapons — pro or con, would you raise your hand?’ Of 73 people, not one raised a hand,” O’Neill told Truthout. “That is an indication that people living in the throes of the nuclear age, at 2 minutes to midnight on the Doomsday Clock, have come to see [weapons of mass destruction] as inconsequential — nuclear weapons on hair-trigger alert 24/7 is now a ‘normal’ part of people’s lives.”
O’Neill added, “The Pentagon has brainwashed people to just trust a government that is imperiling the earth and risking the end of life as we know. That’s why we went to Kings Bay — to hopefully wake people up.”
(2) that she sincerely believed and reasonably acted to prevent imminent harm. The Bulletin of Atomic Scientists says the world is closer to nuclear devastation than ever before. President Trump repeatedly declared that “all options are on the table” and threatened North Korea with “fire and fury like the world has never seen.”
(3) that she reasonably believed her action could help to avoid that harm. “Only by symbolically disarming these nuclear weapons is there any hope for real disarmament.”
(4) that she reasonably believed there were no legal alternatives to breaking the law. “Defendants have each spoken, written, prayed, petitioned, and lobbied for nuclear disarmament and peace for decades. These actions are the only ones left which might make a difference.”
Quigley’s brief cited the 2018 Nuclear Posture Review, which would allow the United States to use nuclear weapons in response to a non-nuclear attack. The Doomsday Clock, maintained by the Bulletin of Atomic Scientists, continues to stand at 2 minutes to midnight. The U.S. refuses to join the majority of the nations of the world in ratifying the Treaty on the Prohibition of Nuclear Weapons. Trump withdrew the U.S. from the Iran nuclear deal, and he may well pull out of the New START Treaty as well, “which would leave nuclear weapons free from all controls” Quigley wrote.
Refusal to Allow Expert Testimony on Illegality of Nuclear Weapons“Tellingly,” Quigley wrote, “the Magistrate granted the Government the right to preclude the jury from hearing evidence about nuclear weapons without never once discussing or even acknowledging the uncontested lethality of nuclear weapons.”
Moreover, the judge denied the defense motion to present the expert testimony of Professor Francis Boyle about the illegality of nuclear weapons under both international and U.S. law.
Refusal to Allow Religious Freedom Restoration Act DefenseThe judge also denied the defense motion to argue that the prosecution violated their rights to religious exercise protected by the Religious Freedom Restoration Act (RFRA). Although the judge concluded that the defendants had established the prima facie elements of a RFRA defense, the government demonstrated a compelling interest in prosecuting the defendants for their actions at Kings Bay, citing the safety of individuals on the base, the security of the assets there, and the smooth operation of the base.
The judge also denied the defense motion to argue that the prosecution violated their rights to religious exercise protected by the Religious Freedom Restoration Act (RFRA). Although the judge concluded that the defendants had established the prima facie elements of a RFRA defense, the government demonstrated a compelling interest in prosecuting the defendants for their actions at Kings Bay, citing the safety of individuals on the base, the security of the assets there, and the smooth operation of the base.
Reactions to the Verdict
The Kings Bay Plowshares 7 are asking people to sign a worldwide petition urgently requesting that the charges against them be dropped.
Peace activist and retired Col. Ann Wright summed up the irony of the prosecution of the Kings Bay Plowshares 7, writing on Facebook, “The US nuclear weapons are so poorly protected that the 7 were able to get into the more secure area! They should be rewarded for pointing out how poorly guarded the weapons are instead of being on trial!!!”
“I don’t see [what I did] that’s the crime,” defendant Liz McAlister said on Democracy Now! “I think the crime is the weapons. The crime is the money spent on the weapons. The crime is the money taken from the real needs in our country and in our world to spend it on these weapons of mass destruction. And we need to stop that. And that’s the message that I want to continue to stand behind.”
Meanwhile, defense attorney Quigley told Truthout that he thinks the verdict will “make convictions easier and defenses harder” in the future.
“If the jury would have heard the facts about the nuclear bombs headquartered at Kings Bay — with 3,800 times the destructive power of Hiroshima and the real possibility of ending all life on the planet — they would probably have come to a different decision about the legality of what these courageous people did,” he said.
Group Opposed to Nuclear Bailout Turns to Courts After Petition Drive Fails
Ohioans Against Corporate Bailouts says they didn’t have enough signatures to qualify for a referendum by the deadline.
The group’s Gene Pierce says their referendum drive has been met with heavy opposition, including ads, mailers, and canvassers who allegedly blocked and harassed signature collectors.
“The bottom line is that the smear campaign and the lies and deceit of the House Bill 6 supporters were successful in confusing Ohioans and discouraging them from signing our petition,” Pierce said.
The anti-nuclear bailout group is still hoping a federal court will extend the deadline to collect signatures based on their arguments that they’ve faced unconstitutional hurdles.
“We’re very disappointed we couldn’t put an immediate stay on the very bad bill from going into effect but we’re hoping that the courts will recognize the constitutional rights that we have,” Pierce said.
Jury finds Catholic anti nuclear activists guilty on all charges
The seven defendants, known together as the Kings Bay Plowshares 7, are Elizabeth McAlister, 79; Jesuit Fr. Stephen Kelly, 70; Martha Hennessy, 64; Patrick O’Neill, 63; Clare Grady, 60; Mark Colville, 58; and Carmen Trotta, 57. Five of the seven — all but Hennessy and McAlister — represented themselves.
Bill Quigley, who represented McAlister and is a law professor at Loyola University New Orleans, said in a statement outside the courthouse that it was an “honor to be with these seven brave, courageous, faithful people.”
“They have told the truth despite the cost. They have taken their actions despite the risks. And they still have more consequences to go in their efforts to try and save all of our lives, and the lives of all of our children and grandchildren, and the lives of everybody around the world,” Quigley said.
The group was arrested in the early morning hours of April 5, 2018, on Kings Bay Naval Base where they broke in to perform a non-violent protest known as a “plowshares action,” taking its name from a verse in the book of Isaiah that says “nations will beat swords into plowshares.” The protest included symbolically hammering on statues of nuclear missiles, pouring human blood around the base and hanging banners with messages denouncing nuclear weapons.
In August 2019, a federal judge denied the activists’ request to dismiss charges under the Religious Freedom Restoration Act
During the trial, O’Neill told the jury that a dramatic protest was necessary to alert the world to the dangers of nuclear weapons.
Evidence presented by the prosecution suggested the protestors did a total of around $30,000 worth of damage to government property.
Following the verdict, the defendants remained positive and continued to pronounce their message of peace as they gathered with friends and family at a press conference outside the courthouse. They thanked their supporters, told stories, sang hymns and even danced around the sidewalk to profess their continued belief in their mission.
“It’s been an incredible experience and it’s not over yet,” said Hennessy. “The efficiency of the state can never be underestimated yet we proceed in humility. The weapons are still there, the treaties are being knocked down one after the next, but we are called to keep trying and we will do this together. We have no other choice.”
Judge Lisa Godbey Wood, who tried the case, ruled Oct. 18 that the defendants would not be allowed to bring in expert witnesses to speak to the dangers of nuclear weapons or the motivations of the defendants.
owever, following the verdict, O’Neill expressed gratitude that he and his co-defendants were able to testify about their beliefs concerning the immorality of nuclear weapons.
“I think collectively we said what needed to be said,” O’Neill said.
With the exception of Kelly — who remains in custody for outstanding charges in another state — all defendants were allowed to leave the courthouse on bond while they await their sentencing hearing.
Multiple defendants, all of whom are white, connected their case to issues with the criminal justice system and mass incarceration.
“The Pentagon has many installations and we just walked out of one of them,” said Colville. “It’s a place where they weaponize the law and they wield it mostly against the poor. … Once in a while people of privilege like us get a taste of it, and when we do, we should hear the word ‘guilty’ as a blessing on us because it gives us an opportunity to stand with people who hear ‘guilty’ all the time, every day.”
After the verdict was announced, Wood told the defendants they have 14 days to file a motion for a new trial, acquittal or any other motion they see fit.
[Jesse Remedios is an NCR Bertelesen intern. His email address is jremedios@ncronline.org.]
Ohio’s Nuclear and Coal Bailout Bill Survives Court Challenge.
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Ohio’s Nuclear and Coal Bailout Bill Survives Court Challenge. Federal judge says group seeking overturn of pro-nuclear House Bill 6 must seek state Supreme Court relief, raising bar for a 2020 challenge. Greentech Media, JEFF ST. JOHN OCTOBER 24, 2019 An effort to overturn Ohio’s controversial nuclear bailout law via voter referendum suffered a setback this week, after a federal judge denied the group’s request for more time to collect signatures to put it before state voters next year.In a late Wednesday evening decision, U.S. District Judge Edmund A. Sargus, Jr. denied a request from the Ohioans Against Corporate Bailouts group for more time to collect the required 265,774 signatures to prevent House Bill 6 from going into effect while it faces repeal.
Instead, Sargus wrote that the issues raised by the group were under the jurisdiction of the Ohio Supreme Court, which “could afford plaintiffs the remedy they seek — a stay of HB 6 and additional time to circulate their petitions.” HB 6, passed in July by the state’s Republican-controlled legislature and signed into law by Republican Gov. Mike DeWine, is broadly unpopular with the public, according to multiple polls, and has come under withering attack from the Union of Concerned Scientists, the Sierra Club, and other environmental groups. The bill, which went into effect on Tuesday, slashes the state’s existing efficiency and renewable energy mandates, a long-term goal of the Ohio GOP, and redirects the hundreds of millions of dollars a year to support bankrupt utility FirstEnergy Solutions’ nuclear power plants. The surcharges of about 85 cents per month on typical residential customers’ utility bills, meant to raise roughly $1 billion for FirstEnergy’s Davis-Besse and Perry nuclear plants over seven years, won’t go into effect until 2021. “We’re disappointed, but we’re exploring our options with the Ohio Supreme Court,” Gene Pierce, spokesperson for Ohioans Against Corporate Bailouts, told The Toledo Blade. A high-stakes energy policy battle turns nastyOhioans Against Corporate Bailouts has alleged that its signature-gathering efforts were targeted by HB 6 supporters in a dirty-tricks campaign that prevented it from hitting its targeted signature numbers. According to its complaints, these tactics included bribing its signature-takers with cash and plane tickets to join an opposing ballot initiative, and in some cases, allegedly threatening signature-gatherers in public. The Ohio Attorney General’s office is investigating dozens of complaints related to signature-gathering, including activities by pro-HB 6 group Generation Now, which has been accused of hiring “blockers,” or people who will stand in the way of or otherwise interfere with signature-gatherers in public. Earlier this month, Sargus granted the group a temporary order preventing enforcement of a state law that requires some paid signature-gatherers to disclose their identities or face criminal penalties, based on allegations that Generation Now had been approaching signature-takers and their employers to pressure them into quitting…….. Ohio’s bill also eliminates the state’s renewable portfolio standard of 12.5 percent by 2027, passed in 2008, which has been under attack from state Republicans for years. And it eliminates the nearly $200 million per year, collected in surcharges of roughly $1.69 per month on Ohio utility customers, to fund energy-efficiency and demand-reduction programs. These programs have saved Ohio customers $5.1 billion from 2009 to 2017, according to the Midwest Energy Efficiency Alliance. HB 6 also imposes a $2.50-per-month charge on utility customers’ bills to support two coal-fired power plants owned by the Ohio Valley Electric Corp., a consortium of utilities in the state. Opponents of the plan have challenged the subsidies, saying the law’s text inadvertently bars them from participating. https://www.greentechmedia.com/articles/read/ohios-nuclear-and-coal-bailout-bill-survives-court-challenge |
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Kings Bay Plowshares 7 face criminal charges and long jail senetences
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Taking Next Steps Toward Nuclear Abolition. https://truthout.org/articles/taking-next-steps-toward-nuclear-abolition/, BY Kathy Kelly, Voices for Creative Nonviolence, October 21, 2019 My friend Marianne Goldscheider, who is 87, suffered a broken hip in July, 2018 and then, in June 2019, it happened again. When she broke her hip the first time, she was running, with her son, on a football field. After the second break, when she fell in her kitchen, she was in so much pain that she recalls her only desire as she was placed on a stretcher: “I just wanted ‘the right pill.’” Marianne says her Catholic friends, who live nearby in the New York Catholic Worker community, persuaded her not to give up. They’ve long admired her tenacity, and over the years many have learned from her history as a survivor of the Nazi regime who was forced to flee Germany. Recalling her entry to the United States, Marianne jokes she may have been one of the only displaced persons who arrived in the United States carrying her skis. Yet she also carried deep anxieties, the “angst,” she says, of her generation. She still wonders about German people in the military and the aristocracy who knew where Hitler was headed and, yet, didn’t try to stop him. “When and how,” she wonders, “do human beings get beyond all reasoning?”
Marianne is deeply disturbed by the extraordinary danger of maintaining nuclear weapons arsenals and believes such weapons threaten planetary survival. She worries that, similar to the 1930s, citizens of countries possessing nuclear weapons sleepwalk toward utter disaster. On April 4, 2018, several of Marianne’s close friends from the New York Catholic Worker community became part of the Kings Bay Plowshares 7 by entering the U.S. Navy Nuclear Submarine base in King’s Bay, GA and performing a traditional Plowshares action. Guided by lines from Scripture urging people to “beat their swords into plowshares and their spears into pruning hooks,” they prayed, reflected and then symbolically disarmed the Trident nuclear submarine site. The Kings Bay is home port to six nuclear armed Trident ballistic missile submarines with the combined explosive power of over 1825 Hiroshima bombs. One of the banners they hung read “The Ultimate Logic of Trident is Omnicide.” Referring to this sign, Daniel Ellsberg, who leaked the Pentagon Papers in 1971, said the banner “is exactly right.” In an October 18 endorsement, he called their actions “necessary to avert a much greater evil.” In late September, the Catholic Bishops of Canada, alarmed over the increasing danger nuclear weapons pose, urged the Government of Canada to sign the Treaty on the Prohibition of Nuclear Weapons, adopted at the UN in 2017. The Canadian bishops issued their statement on September 26, the United Nations International Day for the Total Elimination of Nuclear Weapons. In it, they note the Vatican has already signed and ratified the Treaty. “The ashes of World War I and the centenary of its armistice,” wrote Pope Francis, “should teach us that future acts of aggression are not deterred by the law of fear, but rather by the power of calm reason that encourages dialogue and mutual understanding as a means of resolving differences.” The seven defendants, in everyday life, practice nonviolence while serving people who are often the least cared for in our society. Like Marianne, I have known each defendant for close to four decades. They have risked their lives, safety and health in numerous actions of civil disobedience. When imprisoned, they write and speak of the cruel abuse of human beings and the racist, primitive nature of the United States prison-industrial complex. They’ve also chosen to visit or live in war zones, providing witness on behalf of people trapped under bombardment. They live simply, share resources and strive to help build a better world. Nevertheless, beginning Monday, they will face serious criminal charges and potentially harsh sentences for their action at Kings Bay. Marianne anxiously awaits their trial. “Why,” she asks, “isn’t there more coverage?” One of the defendants, Rev. Steve Kelly, SJ, a Jesuit priest, referred to himself in a recent letter as “a tenuous voice in the wilderness.” He further explained that he is among the wilderness of the incarcerated, “two and a quarter million folks comprising the human warehouses in the empire.” Steve has been imprisoned in the Glynn County jail since April 4, 2018. His letter continues:
Late in the afternoon of October 18, Judge Woods issued her long-awaited orders regarding testimony allowed in court. She will not allow testimony about the illegality of nuclear weapons, the necessity of civil disobedience, or individual motivations and personal faith. Fortunately, the many dozens of people filling the Brunswick, GA courtroom on October 21 will help communicate the essential evidence that won’t be shared within the court. In alternative settings, such as over meals, during a Festival of Hope, and as part of a Citizens Tribunal, they’ll discuss and eventually share reasons that motivated our friends to perform the Kings Bay Plowshares 7 action. A recent op-ed in The New York Times suggests the Kings Bay Plowshares 7 message is entering public discourse. The defendants have clarified that the U.S. nuclear weapon arsenal robs resources desperately needed for food, shelter, health care and education. The New York Times notes if we could reach a total nuclear weapons ban, we could save roughly $43 billion each year on weapons, delivery systems and upgrades. “That’s roughly the same amount we’ve allocated in federal hurricane aid for Puerto Rico.” Marianne laments the way in which nuclear weapons are revered as a modern idol deserving of great sacrifice. She is rightfully wary of social and cultural developments that consider such reverence normal. She and I commiserate about recovering from hip fractures, (I’ve been on the mend for the past month), but we both know that Steve Kelly’s invitation deserves our greatest attention. Tiny postcards are the only means of correspondence allowed to or from the Glynn County jail. On one of these, Steve wrote a message to a large gathering in New York celebrating the Kings Bay Plowshares 7 action. “I am encouraged by your presence,” he wrote, “to ask that this small effort of ours not be the last word in nuclear abolition.” |
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Facing a nasty pro nuclear campaign, Ohio’s anti nuclear group hope for a federal court decision to delay nuclear bailout
Anti-nuclear bailout group fails to make deadline for referendum https://www.cincinnati.com/story/news/politics/elections/2019/10/21/anti-nuclear-bailout-effort-miss-deadline-submit-signatures/4052255002/ Jessie Balmert, Cincinnati Enquirer Oct. 21, 2019 COLUMBUS – Opponents of Ohio’s $1 billion bailout of two nuclear plants say they didn’t gather enough signatures to block the law by the Monday deadline.
Their only hope: a federal court decision that could give them more time to collect signatures.
Ohioans Against Corporate Bailouts spokesman Gene Pierce wouldn’t say how many signatures the group collected, but it wasn’t enough to put the issue before voters in November 2020.
Ballot groups often collect more than the required number in anticipation of some being tossed out because of duplicates, illegible signatures and other problems.
That means House Bill 6 will take effect at midnight. The law imposes a new fee of 85 cents per month for residential customers on Ohioans’ electric bills starting in 2021.
Those fees are expected to raise about $150 million a year for FirstEnergy Solutions’ plants – money the company says it needs to keep the doors open. Another $20 million from those fees will pay for solar energy companies.
The runup to Monday’s deadline has been one of the nastiest campaigns in recent Ohio history. The nuclear plants’ owner, FirstEnergy Solutions, and its allies deployed a variety of tactics to block the referendum from making the ballot ranging from anti-Chinese advertisements to petition signature blockers.
“Nuclear bailout supporters of House Bill 6 have stooped to unprecedented and deceitful depths to stop Ohioans from exercising their constitutional rights to put a bailout question on the ballot for voters to decide,” Pierce said in a news release.
Ohioans Against Corporate Bailouts had to submit at least 265,774 valid signatures from at least 44 of Ohio’s 88 counties to put the bill to a vote next year. The group failed to submit those signatures by Monday’s deadline.
The group has asked a federal court judge for more time to collect signatures because initial steps in the process, such as collecting 1,000 valid signatures and having ballot language approved as accurate, ate into its 90-day window.
A hearing on that request is set for Tuesday afternoon. U.S. District Court Judge Edmund Sargus will make a decision after hearing arguments from both sides.
On Monday, Ohioans for Energy Security submitted signatures to Rep. Jamie Callender, R-Concord Township, calling for a ban on foreign control of the state’s energy grid. Callender said he hopes to put that issue before voters.
“That’s kind of scary that someone who didn’t like America, who didn’t like our way of life could cause a lot of damage and a lot of havoc by randomly shutting down a plant that they had controlling interest in,” Callender said. “It could bring the grid down.”
The operators of Ohio’s electric grid say they are “vigilant” about the grid’s security. The federal government can block projects if foreign investment poses a national security risk.
For example, President Trump has halted two foreign acquisitions, citing national security concerns, since 2017: Lattice Semiconductor Corporation by a Chinese investment firm and telecom company Qualcomm by Singapore-based Broadcom.
Columbus bureau chief Jackie Borchardt contributed reporting.
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