US Government & NewsGuard Sued by Consortium News
October 23, 2023 https://consortiumnews.com/2023/10/23/us-government-newsguard-sued-by-consortium-news/
The suit accuses NewsGuard of defaming Consortium News and the U.S. government of acting in concert with NewsGuard to violate the First Amendment.
US & NewsGuard Sued for 1st Amendment Violations, Defamation in NY Federal Court
Court Papers: Media ‘Watchdog’ Joined With US Intelligence to Suppress Foreign Policy Dissent
By Consortium News
The United States government and internet “watchdog” NewsGuard Technologies, Inc. were sued today in federal court in Manhattan for First Amendment violations and defamation by news organization Consortium for Independent Journalism, a nonprofit that publishes Consortium News.
Consortium News‘s court filing charges the Pentagon’s Cyber Command, an element of the Intelligence Community, with contracting with NewsGuard to identify, report and abridge the speech of American media organizations that dissent from U.S. official positions on foreign policy.
In the course of its contract with the Pentagon, NewsGuard is “acting jointly or in concert with the United States to coerce news organizations to alter viewpoints” as to Ukraine, Russia, and Syria, imposing a form of “censorship and repression of views” that differ or dissent from policies of the United States and its allies, the complaint says.
Watch the press conference announcing the lawsuit on Monday:
Read the entire complaint and the exhibits.
“The First Amendment rights of all American media are threatened by this arrangement with the Defense Department to defame and abridge the speech of U.S. media groups,” said Bruce Afran, Consortium News‘s attorney.
“When media groups are condemned by the government as ‘anti-U.S.’ and are accused of publishing ‘false content’ because they disagree with U.S. policies, the result is self-censorship and a destruction of the public debate intended by the First Amendment,” Afran said.
NewsGuard uses its software to tag targeted news sites, including all 20,000+ Consortium News articles an videos published since 1995, with warnings to “proceed with caution,” telling NewsGuard subscribers that Consortium News produces “disinformation,” “false content” and is an “anti-U.S.” media organization, even though NewsGuard only took issue with a total of six CN articles and none of its videos.
The suit comes at a time when many in Congress and elsewhere have charged the U.S. government with using private entities and internet platforms as proxies to suppress free speech in violation of the First Amendment.
The complaint seeks a permanent injunction declaring the joint program unconstitutional; barring the government and NewsGuard from continuing such practices and more than $13 million in damages for defamation and civil rights violations.
St. Louis businessman charged with kickback scheme involving nuclear weapons parts
St Louis Post Dispatch, Katie Kull, Oct 19, 2023
ST. LOUIS — A local businessman is facing federal charges in Kansas after authorities say he sent kickbacks and bribes to an engineer at a nuclear weapons parts manufacturer in exchange for subcontracts.
Richard W. Mueller, 63, was indicted Wednesday on six federal charges, including wire fraud and lying to federal agents, after authorities said he paid Kansas engineer Michael Clinesmith more than $1 million in exchange for steering contracts to Mueller’s businesses over the course of a decade………………………………………………………………….. more https://www.stltoday.com/news/local/crime-courts/st-louis-businessman-charged-with-kickback-scheme-involving-nuclear-weapons-parts/article_7a7fff2c-6eb7-11ee-a26a-3f5922548456.html #nuclear #antinuclear #nuclearfree #NoNukes
Two Men Plead Guilty to Falsifying Documents Related to Testing of Equipment at Nuclear Power Plants
Office of Public Affairs. Us Department of Justice 18 Oct 23
Two men pleaded guilty today for their roles in creating false calibration certificates in a matter within the jurisdiction of the Nuclear Regulatory Commission (NRC).
According to court documents, Miguel Marcial Amaro, 56, of Newark, Delaware, and Martin Ramos, 52, of Levittown, Pennsylvania, worked for a company that provided acoustic emissions (AE) testing to nuclear power plants to detect structural defects in the plant’s equipment. Following the testing, Marcial and Ramos helped create and transmit final testing reports to the owners of the plants which, among other things, contained calibration certificates for the equipment used.
Between 2010 and 2021, Marcial was responsible for ensuring that the company’s AE testing equipment was calibrated annually; Ramos worked under Marcial as an engineer. The two men created numerous false calibration certificates for AE testing equipment, and 15 of these false certificates were sent a total of 29 times to nuclear plant owners as part of final testing reports required by the NRC. The falsified calibration certificates were discovered in 2021 during an external audit.
Today, we hold defendants accountable for deliberately attempting to bypass testing protocols that are essential to keeping nuclear power plants safe,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). ………………………………………………………………. https://www.justice.gov/opa/pr/two-men-plead-guilty-falsifying-documents-related-testing-equipment-nuclear-power-plants #nuclear #antinuclear #nuclearfree #NoNukes
‘Humanity Must Prevail’ in Gaza, Says UN Official as Refugee Shelters Become IDF Targets
“Wars have rules,” said the United Nations agency for Palestinian refugees. “Civilians, hospitals, schools, clinics, and UN premises cannot be a target.”
By Julia Conley / Common Dreams SCHEERPOST, October 15, 2023
The emergency relief coordinator for the United Nations on Saturday said that “humanity is failing” as officials in the United States and other powerful Western countries refused to hear the calls of a growing number of humanitarian groups, progressive lawmakers, and governments for a cease-fire in Gaza—allowing Israel to forge ahead with what will likely be an imminent ground assault on the blockaded enclave.
“The past week has been a test for humanity,” said Martin Griffiths one week after Hamas unleashed a brutal surprise attack on Israel, killing at least 1,300 people and taking scores of people hostage. As Israel’s response has targeted Gaza—home to two million people, about half of whom are children—repeated airstrikes have bombarded “homes, schools, shelters, health centers, and places of worship,” Griffith said, leaving at least 2,215 Palestinians dead, including more than 600 children.
“Entire residential neighborhoods have been razed to the ground,” added Griffiths, who serves as under secretary-general for humanitarian affairs at the United Nations. “Aid workers have been killed. The humanitarian situation in Gaza, already critical, is fast becoming untenable.”
Griffith’s comments came as the U.N. Relief and Works Agency for Palestine Refugees (UNRWA) reported that the indiscriminate bombing campaign has placed its own shelters in “unprecedented” danger, making it impossible for workers to ensure the safety of some 270,000 peoplewho have been displaced and sought shelter at 102 schools run by the agency.
“Wars have rules. Civilians, hospitals, schools, clinics, and UN premises cannot be a target,” said the UNWRA said in a statement. “We are sparing no effort to advocate with parties to the conflicts to meet their obligations under international law to protect civilians including those seeking refuge in UNRWA shelters.”……………………………………………………………………………….. more https://scheerpost.com/2023/10/15/humanity-must-prevail-in-gaza-says-un-official-as-refugee-shelters-become-idf-targets/ #Israel #Palestine
New Mexico could try again to challenge nuclear waste storage project in court
Adrian Hedden, Carlsbad Current-Argus, 11 Oct 23
Officials with the State of New Mexico continued their fight against a proposed storage site for spent nuclear fuel in southeast New Mexico during a Tuesday hearing before lawmakers in Carlsbad, and said the project could be challenged a second time in federal court.
The New Mexico Environment Department (NMED) and Office of the Attorney General voiced opposition to such a site during the discussion held at Southeast New Mexico College with the Legislature’s interim Radioactive and Hazardous Materials Committee.
Representatives of both agencies called into question the legality of such a site to store nuclear fuel away from a reactor amid the ranchlands and oilfields of the Permian Basin.
Holtec International applied to the federal Nuclear Regulatory Commission (NRC) for a license to build the facility in 2017, and it was issued in May………………………………………
The State of New Mexico challenged in court the NRC’s findings in an environmental analysis ahead of the license, but the 10th Circuit Court of Appeals ruled the state could not object before it was issued.
Gov. Michelle Lujan Grisham, her cabinet secretaries and Commissioner of Public Lands Stephanie Garcia Richard all voiced their opposition to the Holtec project throughout the licensing process, citing risks to the local communities and industries like oil and gas and agriculture.
Bruce Baizel, director of compliance and enforcement with the NMED said the State could file another challenge to the license now that it is issued to Holtec.
He pointed to a federal court ruling earlier this year that vacated a license for a similar site issued by the NRC to Interim Storage Partners in Andrews, Texas, along the New Mexico border, which Baizel said could have legal implications for the New Mexico site.
Assistant Attorney General William Grantham said the Office of the Attorney General believed a federal court would vacate Holtec’s license, arguing federal law did not allow an interim storage site as proposed by Holtec without a permanent repository available.
Also going against the project, during the 2023 Legislative Session, lawmakers passed Senate Bill 53 to block state agencies from issuing any permits for any site storing high-level nuclear waste as Holtec’s would.
Baizel said the facility would require five such permits to operate.
“That language would not allow us to process or approve any of those state permits for that project,” he said.
Carlsbad mayor attacks lawmakers for not including nuclear industry voices
Carlsbad Mayor Dale Janway, an ardent Holtec supporter, did not attend the hearing, citing an “imbalance” in the panels, particularly on nuclear storage, according to Rep. Cathrynn Brown (R-55) of Carlsbad……………………………………………………….
Camilla Feibelman, director of the Sierra Club’s Rio Grande Chapter said that if Holtec was allowed to operate its facility, New Mexico would take all the risks of the waste with no benefits like the jobs provided to states that do host nuclear power plants.
“Holtec wants to bring the entire store of nuclear waste by rail to southeast New Mexico through thousands of communities along the way,” she said. “Spent nuclear fuel should be stored at the site of origin in the safest manner possible.”
Committee Vice Chair Sen. Jeff Steinborn (D-36), who sponsored SB 53, said the “reality” was that it made Holtec’s project and others like it illegal in New Mexico.
“We have passed a law in New Mexico making it illegal to store high level nuclear waste in New Mexico,” Steinborn said. “That is the reality now. Only the courts could change that reality.”
https://www.currentargus.com/story/news/2023/10/11/new-mexico-could-challenge-nuclear-waste-holtec-international-storage-project-in-court/71121256007/–#nuclear #antinuclear #NuclearFree #NoNukes #NuclearPlants
Some Israeli actions ‘against international law’ – EU
“There will be no electricity, no food, no fuel, everything is closed,” Gallant told the Israeli media. “We are fighting human animals and we act accordingly.”
https://www.rt.com/news/584594-borrell-eu-israel-law-gaza/ 11 Oct 23
Denying Gaza water, food and electricity is not appropriate, Josep Borrell has said
Israel has the right to self-defense, but some of the decisions its government has made are contrary to international humanitarian law, EU foreign policy commissioner Josep Borrell said on Tuesday.
“Israel has the right to defend, but it has to be done in accord with international humanitarian law. And some decisions are contra this international law,” Borrell said in Oman, where he attended the joint meeting of foreign ministers from the EU and the Gulf Cooperation Council.
Both the EU and the GCC have condemned terrorist attacks by Hamas, Borrell noted, but also condemned any attacks on civilians, demanded the immediate release of all hostages, and called for Israel to respect international law and not block the delivery of food, water or electricity to the civilian population of Gaza.
The two blocs have also asked Israel to open “humanitarian corridors” from Gaza to Egypt, so that civilians can leave the territory ahead of Israeli reprisal airstrikes.
Borrell’s remarks appeared to be a reference to Israeli Defense Minister Yoav Gallant’s statement on Monday ordering a “complete siege” of Gaza.
“There will be no electricity, no food, no fuel, everything is closed,” Gallant told the Israeli media. “We are fighting human animals and we act accordingly.”
Multiple media outlets also quoted Gallant as saying on Tuesday that he had “lifted all the restraints” on Israeli rules of engagement against Gaza.
Israel launched reprisal airstrikes against the Palestinian territory after Hamas, which controls much of Gaza, sent commandos deep into Israeli territory on Saturday. The three days of heavy clashes have resulted in at least 900 dead Israelis and at least 830 dead Palestinians, according to the authorities in West Jerusalem and Gaza, respectively.
Just before Gallant announced the “siege,” the EU declared it would put €691 million ($728.8 million) in aid to the Palestinian Authority under review and suspend all pending payments, citing the “scale of terror and brutality against Israel and its people” by Hamas. Borrell later “clarified” those remarks to note that aid will continue, because suspending it would amount to “punishing all the Palestinian people” and damage EU interests in the region. #Israel
Court will hear appeal by environmental groups against Sizewell C nuclear power station
Sizewell C power station plans to be heard in court
https://morningstaronline.co.uk/article/sizewell-c-power-station-plans-be-hear-court 9 Oct 23
THE future of the government’s Sizewell C nuclear power station will be decided at a hearing in the Court of Appeal next month, it was revealed today.
On November 1 and 2, judges will hear an appeal by campaign groups against a High Court rejection of a review of the decision by then business secretary Kwasi Kwarteng to allow the development on the Suffolk coast to go ahead.
The development is being opposed by campaign groups Together Against Sizewell C (TASC), Suffolk Coastal Friends of the Earth and Stop Sizewell C.
They said the station’s huge consumption of water for its cooling system will threaten local domestic supplies, and that the project should have included a desalination plant.
TASC launched an appeal for funds and said: “Because of the short time-frame that has been forced on us we have little time to raise the £25,000 needed to cover the costs of our legal team for this appeal stage of the proceedings.” #nuclear #antinuclear #NuclearFree #NoNukes #NuclearPlants
Boss of Sizewell nuclear project calls for “curbing protestors powers’ to block them in the courts
Nuclear plant developer calls for limits on legal challenges. The
government should seek to accelerate major projects by curbing protestors
powers’ to block them in the courts the boss of Sizewell C says.
Times (not on the web) 9th Oct 2023 #nuclear #antinuclear #NuclearFree #NoNukes #NuclearPlants
Judicial review will hear appeal against UK govt’s consent for Sizewell C nuclear
Together Against Sizewell C is delighted to announce that we now have the
date for our judicial review in the Court of Appeal, a two-day hearing has
been set for Wednesday 1st and Thursday 2nd November 2023.
This will give our legal team the opportunity to present TASC’s appeal against Justice
Holgate’s refusal in the High Court of our judicial review of then
Business Secretary Kwasi Kwarteng’s decision to give development consent
to Sizewell C.
The unusually early date for the hearing is a result of
pressure from the government requesting the case be treated as a priority.
TASC continues to have the support of Suffolk Coastal Friends of the Earth
and Stop Sizewell C in this vitally important battle for the soul of the
Heritage Coast, however because of the short timeframe that has been forced
on us we have little time to raise the £25,000 needed to cover the costs
of our legal team for this appeal stage of the proceedings.
Crowd Justice 8th Oct 2023 #nuclear #antinuclear #Nuclearfree #NoNukes
https://www.crowdjustice.com/case/save-suffolks-heritage-coast-w/
Class action launched against British Government over nuclear bomb tests in Australia
By A Current Affair Staff 7 Oct 23 https://9now.nine.com.au/a-current-affair/nuclear-bomb-testing-australia-class-action-british-government/199eafe9-c774-432e-99b2-f71a96ffb696—
It’s a scandal that has spanned decades as Australian and British servicemen sent to nuclear testing sites fight to be officially recognised for their service and suffering.
Between 1952 and 1963, Great Britain carried out nuclear bomb tests in Australia and the Pacific.
Doug Brooks was at the first one.
“The only thing we were told to do was turn our backs to the blast ground zero, cover our eyes with our hands and the blast x-rayed our hands we could see the bones,” he told A Current Affair.
Tony Spruzen was at the Maralinga test range in the remote outback of South Australia.
“The brightness was so much, it’s something like I never experienced before, I could see through my eyelids, I could see the bones of my fingers,” he said.
Doug and Tony are two of the rapidly diminishing number of veterans sent to the nuclear test sites.
In total 45 tests were conducted by Britain’s Ministry of Defence – 12 of those were in Australia at the blessing of the Menzies government.
There were 22,000 servicemen in the Pacific tests. 1500 are still alive.
Now there is a new class action against the British Government.
“Well, what’s prompted it is that we’ve discovered medical records do in fact exist for these servicemen,” lawyer Matthew Jury said.
“We have a copy of these records and what that tells us is the other medical records exist which the government has been concealing for 70 years so those surviving servicemen who want answers now know that those records exist so where and the government has been concealing them.”
Jury’s firm has launched the action class and he claims records reveal the radiation levels in the blood and urine of the servicemen.
“As they have grown older they have developed extreme and aggressive forms of cancer,” Jury said.
“There have been miscarriages and other birth defects which can’t be treated by their doctors because their doctors don’t have their full medical records.”
The British Ministry of Defence hasn’t responded to requests for an interview or statement.
Watch the full story in the video player above. [on original]
Georgia Power will pay $413 million to settle lawsuit over nuclear reactor cost overruns
GPB, October 6, 2023 Associated Press #nuclear #antinuclear #nuclear-free #NoNukes
Georgia Power Co. will pay $413 million to settle a lawsuit accusing the utility of reneging on financial promises to one of its nuclear reactor partners.
The payments to Oglethorpe Power Corp., announced Friday, could hold down future bills for millions of electric cooperative customers in Georgia.
Oglethorpe sued Georgia Power in June 2022 in a contract dispute over who should pay for cost overruns for a third and fourth reactor at Plant Vogtle, southeast of Augusta.
Atlanta-based Southern Co., which owns Georgia Power, said it would write off a $152 million loss on the settlement.
Georgia Power also announced Friday that it must replace one of the four massive pumps that cools the Unit 4 reactor after operators found a problem with the pump’s motor during testing. Georgia Power said it believes the problem is an “isolated event” and has a spare pump on site, but said the replacement ends the company’s hope of placing Unit 4 in commercial operation this year. The utility said the reactor is still on schedule to begin operating by March.
That was already the company’s fallback date……………………………………………………………………………………………..
Currently, all the owners are projected to pay more than $31 billion in capital and financing costs, Associated Press calculations show. Add in $3.7 billion that original contractor Westinghouse paid to the Vogtle owners to quit building the reactors, and the total nears $35 billion.
Besides Oglethorpe and Georgia Power, Vogtle’s owners include the Municipal Electric Authority of Georgia and the city of Dalton. MEAG and Dalton also sued. Georgia Power agreed last year to pay up to $76 million to settle the lawsuit by MEAG, which provides power to 49 municipal utilities. The Dalton lawsuit is still pending, and Georgia Power said Friday that it could owe the city up to $17 million…………………………………………………………………………………………………. https://www.gpb.org/news/2023/10/06/georgia-power-will-pay-413-million-settle-lawsuit-over-nuclear-reactor-cost
Portuguese youths sue UK and 32 others for climate change failure.
Britain and 32 other countries are in the dock in Strasbourg today for
failing to tackle global warming as a group of Portuguese children and
young people claim political inaction is damaging their human rights. The
group of six, aged between 11 and 24, will argue at the European Court of
Human Rights (ECHR) “that the forest fires that have occurred in Portugal
each year since 2017 are a direct result of global warming”.
Times 27th Sept 2023
US Flouts International Law With Pacific Military Claims
One of these military controls, “the defense veto,” enables the United States to prevent the compact states from forging international agreements that could impede U.S. military priorities. Consequently, the compact states have never joined the Treaty of Rarotonga, which established a nuclear free zone in the region.
There is no legal basis for the United States to prevent ships from other countries from peacefully traversing the compact states’ exclusive economic zones.
Officials argue that Washington has the authority to block enemy navies from an area ‘nearly as large as the continental United States’
Anti-War.com by Edward Hunt
In defiance of international norms and rules, U.S. officials are laying claim to the large oceanic area in the central Pacific Ocean that is home to the compact states.
Now that they are renewing the economic provisions of the compacts of free association with Palau, the Marshall Islands, and the Federated States of Micronesia, U.S. officials are insisting that the compacts provide the United States with exclusive control over an area of the central Pacific Ocean that is comparable in size to the United States.
“We control essentially the northern half of the Pacific between Hawaii and Philippines,” U.S. special envoy Joseph Yun told Congress in July.
For decades, the United States has overseen compacts of free association with Palau, the Marshall Islands, and the Federated States of Micronesia. Under the compacts, the United States provides the three countries with economic assistance while it maintains powerful military controls over the islands and their waters.
One of these military controls, “the defense veto,” enables the United States to prevent the compact states from forging international agreements that could impede U.S. military priorities. Consequently, the compact states have never joined the Treaty of Rarotonga, which established a nuclear free zone in the region.
Another U.S. military control is “the right of strategic denial” by which U.S. officials assert that they can prevent other countries from accessing the compact states’ lands, waters, and airspace.
“The compacts do give us full defense authority and responsibility in those countries and provide our ability to strategically deny third country military access,” U.S. diplomat Jane Bocklage told Congress earlier this year.
Although the compacts include language that permits the United States to foreclose access to the islands by third-party military forces, U.S. officials have broadly interpreted this language to mean that they can exclude third parties from the compact states’ exclusive economic zones (EEZs), which extend up to 200 miles around each island’s coastlines.
At a congressional hearing in July, Senator John Barrasso (R-WY) asserted that strategic denial authority “allows us to deny access to any potential adversary in an area of the Pacific comparable in size to the continental United States.” An associate presented a map that portrayed the EEZs as one contiguous area under U.S. control. “It’s nearly as large as the continental United States,” Barrasso remarked.
Defense Department official Siddharth Mohandas agreed with the senator’s interpretation. He claimed that the United States maintains unfettered and exclusive access to the area. “We have the ability to deny foreign militaries access and the ability to operate in the exclusive economic zones of the Freely Associated States,” Mohandas said, referring to the compact states.
This interpretation of strategic denial is inconsistent with international law. Under the UN Convention on the Law of the Sea, all countries have the rights of navigation and overflight in the exclusive economic zones of other countries, as stipulated by Articles 58 and 87.
Most countries, including the compact states, are parties to the convention. The United States has never ratified the convention, but high-level U.S. officials have expressed their support for it.
“Although not yet a party to the treaty, the U.S. nevertheless observes the UN LOSC as reflective of customary international law and practice,” the National Oceanic and Atmospheric Administration explains, referring to the Convention on the Law of the Sea.
When U.S. officials say that they have a right to exclude third-party actors from the compact states’ exclusive economic zones, they are making claims that are inconsistent with the UN Convention. There is no legal basis for the United States to prevent ships from other countries from peacefully traversing the compact states’ exclusive economic zones………………………………. more https://original.antiwar.com/Edward_Hunt/2023/09/25/us-flouts-international-law-with-pacific-military-claims/
Nuclear bomb test veterans relaunch legal action
By Dominic Casciani, 20 Sept 23, BBC News
Veterans of the UK’s nuclear weapons tests are attempting to relaunch a battle for compensation a decade after being legally blocked from suing the government.
Campaigners say newly discovered documents suggest nuclear chiefs may have known the men suffered radioactive damage.
More than 22,000 personnel worked on detonations in Australia and the South Pacific in the 1950s and 1960s.
Campaigners believe personnel suffered cancers and had children with birth defects because of radiation……
In 2012, the Supreme Court narrowly ruled that more than 1,000 veterans could not sue the Ministry of Defence because they had run out of time to bring their case.
But recently found documents suggest the military have long held documents detailing blood and urine tests from personnel.
One of the documents seen by the campaign shows concerns about a pilot’s blood after he had been flying scientific instruments through mushroom clouds.
The men and their families now plan to take the Ministry of Defence to court because they believe there could be thousands more such records.
If the records exist and prove military chiefs suspected radiation damage, that could lead to a last attempt at getting compensation.
‘Guinea Pigs’
Eric Barton, 82, of the “Labrats” campaign group, said British personnel had been treated like guinea pigs.
He suffered cancer and received compensation from the American military because he had witnessed six test denotations of its bombs. But friends who witnessed British bombs have not received any money at all…………………………………………………………………………………………………………. more https://www.bbc.com/news/uk-66869017
Campaigners win permission to appeal against Sizewell C Nuclear Power Station ruling
Campaigners have won permission for another hearing to
challenge the go ahead to build Sizewell C Nuclear Power Station on the
issue of a permanent water supply and because of public interest in the
development.
Court of Appeal judge Lord Justice Coulson says the Together
Against Sizewell C Limited (TASC) arguments around the need for a
desalination plant on the Suffolk Coast should be looked at again.
He has given TASC permission to appeal against Mr Justice Holgate’s refusal in
the High Court of their judicial review of then Business Secretary Kwasi
Kwarteng’s decision to give development consent to the 3.2 gigawatt power
station. The judge said that, given Mr Kwarteng gave permission for the
power station against the advice of the planning Examining Authority, and
because of TASC’s range of arguments about the need for a water supply,
the appeal had “a real prospect of success”.
Leigh Day 18th Sept 2023
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