nuclear-news

The News That Matters about the Nuclear Industry Fukushima Chernobyl Mayak Three Mile Island Atomic Testing Radiation Isotope

Top Westinghouse Nuclear Executive Charged with Conspiracy, Fraud

Top Westinghouse Nuclear Executive Charged with Conspiracy, Fraud in 16-Count Federal Indictment, Department of Justice, U.S. Attorney’s OfficeDistrict of South Carolina.

Wednesday, August 18, 2021.   Columbia, South Carolina — Acting United States Attorney for the District of South Carolina M. Rhett DeHart announced today that a Federal Grand Jury has charged former Westinghouse Electric Company Senior Vice President Jeffrey A. Benjamin for his role in failing to truthfully report information regarding construction of new nuclear units at the V.C. Summer nuclear plant.

Benjamin, who served as Senior Vice President for New Plants and Major Projects and directly supervised all new nuclear projects worldwide for Westinghouse during the V.C. Summer project, is charged in a federal indictment with sixteen felony counts including conspiracy, wire fraud, securities fraud, and causing a publicly-traded company to keep a false record.  

The charges Benjamin faces carry a maximum of twenty years imprisonment and a $5,000,000 fine. 

The indictment alleges that Benjamin was personally involved in communications between Westinghouse and its owners, SCANA and Santee Cooper, regarding the status of the V.C. Summer project.  

The indictment further alleges that, throughout 2016 and into 2017, when Westinghouse had direct control over the construction and schedule of the project, Benjamin received information that the V.C. Summer units were materially behind schedule and over budget.  Nevertheless, at various times from September 2016 through March 2017, the indictment alleges that Benjamin assured the owners that the units would be completed on schedule and took active steps to conceal from the owners damaging information about the project schedule.  During this time period, the owners paid Westinghouse over $600,000,000 to construct the two V.C. Summer units, both of which were ultimately abandoned.

“Our commitment to investigate and prosecute the V.C. Summer nuclear debacle has never wavered,” said Acting U.S. Attorney DeHart.  “While the indictment – and the allegations contained within – speak for itself, it is further proof of our commitment to seek justice for South Carolina ratepayers and all others affected by the V.C. Summer project failure.”

“This indictment with its attendant allegations and charges is another step toward justice for all those responsible for the V.C. Summer nuclear plant fiasco,” said FBI Special Agent in Charge Susan Ferensic.  “The FBI has devoted substantial resources to investigating this matter and will continue to work with the United States Attorney’s Office, the South Carolina State Law Enforcement Division, and the South Carolina Attorney General’s Office to find facts and prove criminal conduct.”

Benjamin is the fourth individual to be charged in the ongoing federal investigation, stemming from the exhaustive and multi-year joint investigation by the U.S. Attorney’s Office, the Federal Bureau of Investigations (FBI), the U.S. Securities and Exchange Commission (SEC), the South Carolina Attorney General’s Office, and the South Carolina Law Enforcement Division. Former SCANA Chief Executive Officer Kevin Marsh, former SCANA Executive Vice President Stephen Byrne, and former Westinghouse Vice President Carl Churchman have all pleaded guilty to federal felony charges for their roles in the matter.

August 23, 2021 Posted by | Legal, secrets,lies and civil liberties, USA | Leave a comment

NRC respond’s to New Mexico’s legal bid to stop Holtec’s planned nuclear waste dump

NRC: Court lacks authority in New Mexico lawsuit against nuclear waste site, Adrian Hedden, Carlsbad Current-Argus 20 Aug 21.   A proposal to build a temporary nuclear waste storage site near Carlsbad and Hobbs drew a lawsuit against the Nuclear Regulatory Commission (NRC), the agency tasked with permitting the facility, from the State of New Mexico which sought to block the project.

In a Monday filing, the NRC asked the U.S. District Court for the District of New Mexico to dismiss the State’s lawsuit due to lack of jurisdiction.

The State alleged in the suit that the NRC acted illegally in issuing an environmental impact statement (EIS) for the Holtec project that found the site would have minimal environmental impact and recommended a permit be granted.

Citing the Nuclear Waste Policy Act (NWPA), New Mexico Attorney General Hector Balderas argued federal law stipulated a permanent repository be available before an interim storage site, like Holtec’s, could be permitted.

But the NRC argued that in the State’s suit, Balderas ignored the NRC’s authority to issue licenses for nuclear facilities as designated in the Atomic Energy Act (AEA), that allows challenges to licenses applications be raised in the U.S Court of Appeals which New Mexico failed to do.

The NRC argued U.S. District Court was the wrong venue for New Mexico to appeal the decision under the AEA and that the case should be before the U.S. Court of Appeals………..

State leaders cited the alleged risk the project, proposed by Holtec International, would pose to the environment and public safety should it be allowed to operate, along with concerns that it could become permanent as no such repository existed and potential incidents when transporting the waste into New Mexico.

Holtec first applied for a license from the NRC in 2017 to build the facility that would ultimately store up to 100,000 spent nuclear fuel rods on the surface at a location near the Eddy-Lea county line while a permanent repository was developed.

Such a repository does not yet exist, so the Holtec site would see the high-level nuclear waste brought into the remote area in southeast New Mexico via rail from nuclear power plants and facilities across the country to be held temporarily at the site known as consolidated interim storage facility (CISF).

A similar project was also amidst an NRC licensing process in Andrews, Texas, near the New Mexico-Texas state line for another company Interim Storage partners which so far received favorable reviews from the agency with a final decision expected later this year.

Upon announcing the lawsuit against the NRC to block Holtec’s project Balderas sought an injunction to block the licensing process.

He said the project would bring an unnecessary risk to the local communities near the site and along its transportation routes, along with economic drivers like oil and gas extraction and agriculture in the region.

“I am taking legal action because I want to mitigate dangers to our environment and to other energy sectors,” Balderas said. “It is fundamentally unfair for our residents to bear the risks of open ended uncertainty        https://www.currentargus.com/story/news/local/2021/08/20/nrc-court-lacks-authority-new-mexico-lawsuit-against-nuclear-waste-site/8185804002/

August 23, 2021 Posted by | Legal, USA, wastes | Leave a comment

Another former Westinghouse top executive faces criminal charges over failed South Carolina multi $billion nuclear power project

4th person charged in South Carolina nuclear project failure,  https://apnews.com/article/business-south-carolina-5389136fd3675a311d1a83d68542d0f9 COLUMBIA, S.C. (AP) — A fourth business executive faces criminal charges stemming from a federal investigation into a failed multibillion-dollar project to build two nuclear reactors in South Carolina, authorities announced Wednesday.

Jeffrey A. Benjamin was a former senior vice president for Westinghouse Electric Co., the lead contractor to build two new reactors at the V.C. Summer plant. South Carolina Electric & Gas Co. parent company SCANA Corp. and state-owned utility company Santee Cooper spent nearly $10 billion on the project before halting construction in 2017 following Westinghouse’s bankruptcy.

He now faces multiple felony counts of fraud, according to an indictment.

Benjamin, who supervised all nuclear projects for Westinghouse, received information throughout 2016 and 2017 that the two V.C. Summer reactors were behind schedule and over budget, prosecutors said.

But he repeatedly told SCANA and Santee Cooper that the project was on schedule, hiding the construction’s true timeline from the utility companies, the indictment alleges.

He was fired from Westinghouse in March 2017, shortly before the company filed for bankruptcy.

The collapse of the V.C. Summer project spawned multiple lawsuits, some by ratepayers who said company executives knew the project was doomed and misled consumers and regulators as they petitioned for a series of rate hikes. The failure cost ratepayers and investors billions and left nearly 6,000 people jobless.

Benjamin could face up to twenty years in prison and a $5,000,000 fine if convicted.

Three top-level executives have already pleaded guilty in the multi-year federal fraud investigation, and all are awaiting sentencing as they cooperate with investigators.

Former SCANA Corp. Executive Vice President Stephen Byrne agreed last summer to tell investigators everything he knows about the lies and deception SCANA and its subsidiary South Carolina Electric & Gas used to keep regulators approving rate increases and maintain support from investors.

Kevin Marsh, SCANA’s former CEO, signed a plea deal on felony fraud charges in November.

And Carl Churchman, another Westinghouse official, pleaded guilty in June to lying to federal authorities.

August 19, 2021 Posted by | Legal, secrets,lies and civil liberties, USA | Leave a comment

Boys fight over nuclear space toys. Jeff Bezos sues NASA over its contract with Elon Musk

Moon race moguls: Bezos sues US government over SpaceX lunar lander contract, The Age, By Christian Davenport, August 17, 2021 Washington: Jeff Bezos’ Blue Origin space company is suing NASA to force it to fund a second spacecraft to ferry astronauts to and from the moon.

The suit, filed in the Court of Federal Claims on Tuesday AEST, seeks to allow the space company to win a slice of the lucrative $US2.9 billion ($3.96 billion) Human Landing System contract awarded solely to Elon Musk’s SpaceX.

It comes about two weeks after the US Government Accountability Office rebuffed Blue Origin’s protest of that decision.

In a statement, the company said it was “an attempt to remedy the flaws in the acquisition process found in NASA’s Human Landing System. We firmly believe that the issues identified in this procurement and its outcomes must be addressed to restore fairness, create competition, and ensure a safe return to the Moon for America.”

The contract is one of the most significant NASA programs in some time and has been a target for Blue Origin for years. In 2017, before there was even a formal request for proposals, the company pitched NASA on a lunar lander for cargo.

Blue Origin subsequently teamed up with Lockheed Martin, Northrop Grumman and Draper, traditional players in the American defence business, to bid for the program. And last year NASA awarded the Blue Origin-led team the biggest award in the initial phase of contracts.

But in April, NASA selected a single winner, SpaceX, to develop the spacecraft for what would be the first human landing on the moon since the last Apollo mission, in 1972. Given the funding for the initial round, the award was considered a major upset…..

Since then, Blue Origin has tried every lever at its disposal – lobbying Congress, filing the suits and waging a public relations war – to overturn the SpaceX award.

Blue Origin has claimed that SpaceX’s Starship spacecraft that would become the lunar lander is an “immensely complex and high risk” path for NASA to take since it would involve as many as 16 flights to fully fuel the spacecraft for a lunar landing.

Many in the space community have bristled at that bare-knuckles approach, especially since it was aimed at SpaceX……………. https://www.theage.com.au/world/middle-east/moon-race-moguls-bezos-sues-us-government-over-spacex-lunar-lander-contract-20210817-p58jfb.html

August 19, 2021 Posted by | Legal, space travel, USA | 1 Comment

A Day in the Death of British Justice – the case of Julian Assange

 WikiLeaks has given us real news about those who govern us and take us to war, not the preordained, repetitive spin that fills newspapers and television screens. This is real journalism; and for the crime of real journalism, Assange has spent most of the past decade in one form of incarceration or another, including Belmarsh prison, a horrific place.

Diagnosed with Asperger’s syndrome, he is a gentle, intellectual visionary driven by his belief that a democracy is not a democracy unless it is transparent, and accountable.

JOHN PILGER: A Day in the Death of British Justice, Consortium News, August 12, 2021 The reputation of British justice now rests on the shoulders of the High Court in the life or death case of Julian Assange.

I sat in Court 4 in the Royal Courts of Justice in London Wednesday with Stella Moris, Julian Assange’s partner. I have known Stella for as long as I have known Julian. She, too, is a voice of freedom, coming from a family that fought the fascism of Apartheid. Today, her name was uttered in court by a barrister and a judge, forgettable people were it not for the power of their endowed privilege.

The barrister, Clair Dobbin, is in the pay of the regime in Washington, first Trump’s then Biden’s. She is America’s hired gun, or “silk”, as she would prefer. Her target is Julian Assange, who has committed no crime and has performed an historic public service by exposing the criminal actions and secrets on which governments, especially those claiming to be democracies, base their authority. 

For those who may have forgotten, WikiLeaks, of which Assange is founder and publisher, exposed the secrets and lies that led to the invasion of Iraq, Syria and Yemen, the murderous role of the Pentagon in dozens of countries, the blueprint for the 20-year catastrophe in Afghanistan, the attempts by Washington to overthrow elected governments, such as Venezuela’s, the collusion between nominal political opponents (Bush and Obama) to stifle a torture investigation and the CIA’s Vault 7 campaign that turned your mobile phone, even your TV set, into a spy in your midst.

WikiLeaks released almost a million documents from Russia which allowed Russian citizens to stand up for their rights. It revealed the Australian government had colluded with the U.S. against its own citizen, Assange. It named those Australian politicians who have “informed” for the U.S. It made the connection between the Clinton Foundation and the rise of jihadism in American-armed states in the Gulf.

Continue reading →

August 14, 2021 Posted by | legal, secrets,lies and civil liberties, UK | Leave a comment

UK High Court sides with US against Assange


UK High Court sides with US against Assange, WSW,Thomas Scripps11 August 2021 ,  The UK’s High Court has allowed the United States to appeal on two additional grounds the refusal of Julian Assange’s extradition by a lower court.Assange, the founder of WikiLeaks still held in Belmarsh maximum security prison, is threatened with extradition on charges under the Espionage Act with a potential life sentence for revealing state war crimes, torture, surveillance, corruption and coup plots.

On January 4, District Judge Vanessa Baraitser blocked extradition, ruling that it would be oppressive by virtue of his mental health and put him at substantial risk of suicide.Lawyers for the US government sought to appeal the decision on the five grounds:
  1. That Baraitser made errors of law in her application of the test under section 91 of the 2003 Extradition Act, which bars extradition if the person’s mental or physical condition would render it unjust or oppressive.
  2. That she ought to have notified the US ahead of time, to give the government the opportunity to provide assurances to the court that Assange’s health would be looked after.
  3. That the judge should not have accepted or at least given less weight to the evidence of the defence’s principal psychiatric expert, Professor Kopelman.
  4. That Baraitser erred in her overall assessment of the evidence on suicide risk.
  5. That the US has since provided the UK with a package of assurances about the conditions in which Assange would be held.

The US was initially granted leave to appeal on grounds one, two and five, but denied three and four. At a preliminary hearing yesterday in front of Lord Justice Holroyde and Mrs Justice Farbey, that decision was overturned and grounds three and four were granted as well.

Their decision confirms that the January 4 ruling against extradition was only a tactical pause in an ongoing pseudo-legal manhunt, which is again proceeding apace.

Baraitser’s original decision accepted every one of the prosecution’s anti-democratic, factually unsustainable arguments except on the single point of Assange’s mental health, leaving his fate hanging by a thread. Now the US is being given the opportunity to bulldoze this last remaining obstacle.As Assange’s legal team argue in their Notice of Objection, none of the points made in the appeal by the US stand up to scrutiny……………… 
https://www.wsws.org/en/articles/2021/08/11/assa-a11.html?fbclid=IwAR1KNVz7_kATvh53WeOYZ5iKOlCrE3-4Q9jGh9dv79DUkXxeezC91VXjmbU

August 14, 2021 Posted by | legal, secrets,lies and civil liberties, UK | 1 Comment

A hard rain did fall — Hiroshima victims beyond “official” zone will now be compensated

Hiroshima victims beyond “official” zone will now be compensated

A hard rain did fall — Beyond Nuclear International A hard rain did fall,   Black rain” victims finally win in court  https://beyondnuclearinternational.org/2021/08/01/a-hard-rain-did-fall/ By Linda Pentz Gunter
Just weeks before the 2021 commemoration of the August 6, 1945 US atomic bombing of the city of Hiroshima, a Japanese court ruled that victims of the radioactive “black rain” who were living beyond the officially recognized contamination zone at the time, should be included in the group considered bomb “survivors” or “Hibakusha” and receive the same benefits.
A Hiroshima high court acknowledged in its July 14, 2021 ruling that many more people suffered as a result of exposure to “black rain” than have hitherto been recognized as victims.

“Black rain” was described in a CNN story as a “mixture of fallout particles from the explosion, carbon residue from citywide fires, and other dangerous elements. The black rain fell on peoples’ skin and clothing, was breathed in, contaminated food and water, and caused widespread radiation poisoning.”

When the verdict was first released last month, it appeared that the Japanese government, under Prime Minister Yoshihide Suga, might appeal the decision. Instead, Suga declared his government, the defendants in the case, would not appeal it and even suggested that relief might be extended to other affected people beyond the plaintiffs. According to the Asahi Shimbun, this may even include those exposed to radiation as a result of the 2011 Fukushima nuclear disaster on the Japan coast.

The court ruling was important because it recognized and acknowledged not only the heaths effects of the radioactive “black rain” atomic bomb fallout, but also the internal exposure to radiation through the ingestion of contaminated water and food experienced by the 84 plaintiffs in the case.

The ruling of course comes very late in the day as many Hibakusha are already deceased. Indeed, one of the plaintiffs, 79-year-old Seiji Takato, told CNN he was worried that if there was no verdict soon, “we would all die if this (case were) prolonged”.

The plaintiffs will now receive the same benefits as residents of the state-designated black rain zone. According to the Kyodo News, these will include “free health checkups and atomic bomb survivors’ certificates entitling them to medical benefits in the event that they develop 11 specific illnesses caused by radiation.”

The United States, the country which dropped the two atomic bombs — on Hiroshima on August 6, 1945 and then on Nagasaki three days later — has taken neither responsibility for the devastating health consequences, nor offered an apology or compensation. 

Indeed, President Truman, in office when the bombings were authorized, told the Japanese, chillingly, that their sacrifice and suffering were “urgent and necessary.” President Clinton declared that the US “owes no apology to Japan”. He, like other US presidents before and since, clung to the disputable notion that the atomic bombings saved at least one million American lives, an argument ably dispatched by Ward Wilson on these pages in 2018.

To date, Barack Obama is the only sitting US president to have visited Hiroshima, when he traveled there in 2016, but he too failed to apologize for the atrocity. There have been plenty of lively debates on this question: Would an apology open up old wounds, focus too much on the past and be an admission of wrongdoing? Would it also open the door to a floodgate of demands for monetary compensation? Or is an official apology an essential atonement, albeit merely symbolic at this late stage? Could an apology lead in turn to meaningful international engagement on global peace?

Slowly, the Hibakusha have been gaining recognition. One of its most famous and outspoken members, Setsuko Thurlow, accepted the Nobel Peace Prize awarded the International Campaign to Abolish Nuclear Weapons (ICAN) alongside its executive director, Beatrice Fihn, in 2017. 

The award came on the heels of the instrumental role the Hibakusha played in persuading the UN to create the Treaty on the Prohibition of Nuclear Weapons, now ratified by 55 countries and counting, five more than the number that ensured it became law this past January. None of the nuclear weapons states, nor Japan, has signed or ratified the treaty.

At the end of the day, the lesson here is the mantra adopted by the nuclear researchers, whistleblowers and watchdogs at Fairewinds Energy Education: “Radiation knows no borders.”

As Fairewinds wrote in the context of the “black rain” verdict: “Radioactive microscopic particles generated from mining uranium ore, reprocessing atomic fuel, bomb tests, and disastrous meltdowns travel well beyond the arbitrary boundaries and demarcation lines that governments establish to limit their liability and to maintain control over others.”

These warnings serve as a compelling reason to neither test nor use atomic weapons and also as a powerful admonition against the continued use of “civil” nuclear power.

August 2, 2021 Posted by | health, Japan, Legal, Reference | Leave a comment

First Energy company to pay fine for bribing Ohio officials to bail out nuclear power stations

FirstEnergy agrees to pay $230M fine for bribing Ohio officials to bail out two nuclear plants, Utility Dive, Iulia Gheorghiu   July 23, 2021  

Dive Brief:

  • FirstEnergy Corporation announced on Thursday a settlement agreement to pay a $230 million penalty for bribing Ohio officials to  ensure the passage of a ratepayer-funded bailout for older generation assets, including two nuclear plants.
  • The utility cooperated with federal investigators to disclose paying millions through dark money groups to state officials, including former Ohio House Speaker Larry Householder and former Public Utilities Commision of Ohio (PUCO) Chairman Sam Randazzo. The company acknowledged using 501(c)(4) organizations, which are registered lobbying entities, to conceal the nature, source and control of payments in the pursuit of the nuclear legislation……………

The details in the 49-page settlement agreement, in which FirstEnergy had to admit that company executives paid money to public officials in return for official action, has led to stakeholders raising questions about utility dark-money and political spending………….

The OEC Action Fund is also asking for a full repeal of HB 6 and has called for an investigation into every PUCO and Ohio Power Siting Board ruling made under Randazzo’s tenure.

“Each case he presided over is possibly tainted by corrupt ties to FirstEnergy,” Taylor-Miesle said…………………….  https://www.utilitydive.com/news/firstenergy-agrees-to-pay-230m-fine-for-bribing-ohio-officials-to-bail-out/603836/

July 24, 2021 Posted by | Legal, secrets,lies and civil liberties, USA | Leave a comment

Judge rules distribution of compensation for investors who lost fortunes in multi billion-dollar nuclear reactor failure in South Carolina

Judge OKs distribution for $192M nuclear project settlement, https://www.miamiherald.com/news/business/article252884293.html

BY MEG KINNARD ASSOCIATED PRESS, JULY 19, 2021  OLUMBIA, S.C.

Investors who lost fortunes in the failure of a multi billion-dollar nuclear reactor construction deal in South Carolina will soon begin to see their portions of a $192 million settlement, under a recently approved distribution.

Last week, a federal judge signed off on a plan to disperse the funds among former shareholders in SCANA Corp., the former parent company of South Carolina Electric & Gas. The settlement itself was the largest securities class action recovery obtained in South Carolina when a judge approved it last year, according to attorneys for the investors.

The utility company became embroiled in controversy after announcing in summer 2017 that it was shuttering a nuclear reactor construction project at the V.C. Summer Nuclear Station in Jenkinsville, about 30 miles (48 kilometers) north of Columbia, following the bankruptcy of lead contractor Westinghouse.

Up to that point, SCANA and state-owned utility Santee Cooper, a minority partner in the project, had spent nearly $10 billion on it. The failure cost ratepayers and investors billions and left nearly 6,000 people jobless.

The abandonment spawned multiple lawsuits, some by ratepayers claiming company executives knew the project was doomed and misled consumers as well as regulators as they petitioned for a series of rate increases. State and federal authorities launched investigations, which have led to guilty pleas from two top-level SCANA executives.

More than 737,000 SCE&G customers had already paid more than $2 billion toward the project, which never generated any power. Customers did ultimately see retroactive credits applied to bills after lawmakers passed a temporary rate cut that knocked about $25 a month off the average residential customer’s bill.

SCANA shareholders accused the company of assuring them the project was above board, even as costs and delays spiraled out of control. This, investors alleged, caused SCANA stock to be traded at artificially inflated prices, numbers that plummeted once the project was mothballed. In July 2016, SCANA stock was trading at $76.12 a share but dropped more than 50% after news of the project’s failure, and the investigations surrounding it, became public, according to the investors’ attorneys.

The settlement includes $160 million in cash, with the remaining $32.5 million covered by cash or stock in Dominion Energy. The Virginia-based company took over SCANA in 2019, paying more than $6.8 billion to buy out the company’s stock and assuming its consolidated net debts of $6.6 billion.

Claimants will be required to cash their checks within 120 days or forfeit the award, according to the order.

“We are pleased that the court has approved the settlement distribution plan, and look forward to the distribution of the settlement funds to eligible class members according to the plan,” said Marlon Kimpson, a state senator and attorney representing the investors.

July 20, 2021 Posted by | Legal, USA | Leave a comment

British court ruling heightens danger of Assange extradition to the US

British court ruling heightens danger of Assange extradition to the US, WSWS,  Oscar Grenfell,  12 July 21, Last week’s ruling by the British High Court allowing prosecutors to appeal an earlier judgment blocking Julian Assange’s extradition, poses the very real danger that the WikiLeaks publisher will be dispatched to his American persecutors in the not-too-distant future.

The ruling is a microcosm of the Assange case as a whole. As they have for the past decade, the British courts have thrown aside the WikiLeaks founder’s legal and democratic rights. They have granted a US appeal that is both duplicitous and irregular under conditions in which the entire attempt by the American state to prosecute Assange has been exposed as an illegal frame-up.

The US appeal is a damning refutation of those, including among Assange’s own supporters, who have peddled dangerous illusions that the US administration of President Joe Biden may drop the prosecution if a sufficient number of moral pleas are addressed to the new occupant of the White House.

The appeal was first issued in the dying days of the Trump administration but it was continued, honed and argued for by Biden’s Justice Department. Assange remains in London’s maximum-security Belmarsh Prison and faces the prospect of lifetime incarceration in the US because Biden is determined to press ahead with the prosecution of a journalist and publisher for exposing American war crimes, human rights violations and illegal spying operations.

That is because the Assange prosecution is viewed as a crucial precedent by the imperialist powers for the suppression of dissent and anti-war opposition amid a ratcheting up of the preparations for military conflict, including the Biden administration’s threats and provocations against China, and the first signs of a resurgence of working-class struggle.

The appeal also confirms the warnings made by the World Socialist Web Site about January’s British District Court decision that barred extradition.

Judge Vanessa Baraitser accepted all the substantive arguments of the US prosecutors, including their right to try a publisher under the Espionage Act. Her ruling, prohibiting extradition, was framed in the narrowest terms. Its purpose was to defuse a groundswell of opposition to the prospect of Assange’s extradition and to provide the US with ample scope for appeal.

Baraitser ruled that extradition would be “oppressive.” Assange’s compromised health and the conditions of his imprisonment in the US would likely result in his suicide.

The deliberate consequence of that judgment was that there was only a legal sliver between Assange and extradition.

The US has exploited this with its appeal claiming that the conditions of imprisonment would not be so oppressive. It has proposed worthless assurances that Assange would not be held under Special Administrative Measures (SAM), regulations that impose almost total isolation on a prisoner, and that he could serve out his sentence in Australia.

The extradition hearing had heard harrowing testimony about the dire psychological consequences of SAMs and conditions at the supermax ADX Florence prison where they are frequently imposed.

The US arguments, accepted as a legitimate basis of appeal by the British court, were demolished by Stella Moris, Assange’s partner and an international human rights lawyer.

In a statement issued on Friday, Moris wrote: “Reports about US undertakings are grossly misleading. On any given day 80,000 prisoners in US prisons are held in solitary confinement. Only a handful are in ADX/under special administrative measures. ADX is just one of dozens of self-described supermax prisons in the United States. The US government also says it may change its mind if the head of the CIA advises it to do so once Julian Assange is held in US custody.

“With regard to the supposed concession of allowing Julian to serve jail time in Australia, it was always his right to request a prisoner transfer to Australia to finish serving his sentence because he is an Australian. It is no concession at all. There are existing agreements between the US and Australian authorities. What is crucial to understand is that prisoner transfers are eligible only after all appeals have been exhausted. For the case to reach the US Supreme Court could easily take a decade, even two.

“What the US is proposing is a formula to keep Julian in prison effectively for the rest of his life. The only assurance that would be acceptable would be for the Biden Administration to drop this shameful case altogether, once and for all. He should not be in prison for a single day, not in the UK, not in the United States, not in Australia—because journalism is not a crime.”

As Moris noted, the US appeal itself reserved the “right” to impose SAMs once Assange is on US soil. Testimony at the extradition hearing, including from a former US prison warden, established that the imposition of SAMs is essentially extra-judicial, often being introduced at the say-so of the intelligence agencies, and with no genuine means of appeal.

“What the US is proposing is a formula to keep Julian in prison effectively for the rest of his life. The only assurance that would be acceptable would be for the Biden Administration to drop this shameful case altogether, once and for all. He should not be in prison for a single day, not in the UK, not in the United States, not in Australia—because journalism is not a crime.”

As Moris noted, the US appeal itself reserved the “right” to impose SAMs once Assange is on US soil. Testimony at the extradition hearing, including from a former US prison warden, established that the imposition of SAMs is essentially extra-judicial, often being introduced at the say-so of the intelligence agencies, and with no genuine means of appeal.

The hearings, moreover, heard evidence of a case in which similar assurances were immediately thrown out the door once extradition was secured……………

Thordarson has now admitted, however, that almost all his testimony consisted of lies proffered in exchange for immunity from US prosecution. The American government thus submitted a false indictment to the British courts……….https://www.wsws.org/en/articles/2021/07/12/assa-j12.html?pk_campaign=assange-newsletter&pk_kwd=wsws

July 13, 2021 Posted by | Legal, politics international, secrets,lies and civil liberties, UK, USA | Leave a comment

European Court of Justice condemns France for preventing anti-nuclear group from access to legal justice.


Le Figaro 1st July 2021

Bure: France condemned for having rejected the legal action of an
 antinuclear association. The European Court of Human Rights (ECHR) on
 Thursday condemned France for having "disproportionately" restricted access
to justice to an association opposed to the nuclear waste burial project in
 Bure (Meuse).

The seven judges of the judicial body of the Council of Europe which sits in Strasbourg considered that France had violated article 6.1 of the European Convention on Human Rights which guarantees "the right of access to a court »Regarding the Mirabel-LNE association.......


The Cigéo project, on the border of the Meuse and Haute-Marne, aims to eventually store some 85,000 m3 of nuclear waste at a depth of nearly 500 meters.
 Le Figaro 1st July 2021

 https://www.lefigaro.fr/flash-eco/bure-la-france-condamnee-pour-avoir-rejete-le-recours-en-justice-d-une-association-antinucleaire-20210701

July 3, 2021 Posted by | France, Legal | Leave a comment

California’s Pacific Gas and Electric Company (PG and E) settles over nuclear plant’s environmental violations.

California company agrees to 5.9-mln-dollar settlement over nuclear plant’s environmental damage   http://www.xinhuanet.com/english/northamerica/2021-06/25/c_1310027301.htm, Xinhua| 2021-06-25 Editor: huaxia LOS ANGELES, — California’s Pacific Gas and Electric Company (PG&E) has agreed recently on a 5.9-million-U.S.-dollar settlement for once-through cooling water discharges from its Diablo Canyon nuclear power plant.

The settlement, reached with the Central Coast Regional Water Quality Control Board, was the result of a thorough Water Board investigation into alleged violations stemming from the plant’s use of water from the Pacific Ocean in its cooling system since 1985 and was officially filed on May 25 with the San Luis Obispo Superior Court.

According to Thursday’s report by Cal Coast News, the nuclear power plant takes in water from sea to condense steam after it passes through two electrical generators in a process called “once-through cooling” and the used water is then released back into the ocean.

Under the power plant’s local permit, public water was allowed to be piped from nearby sea area into the ocean, but environmentalists argued the discharge of water into the ocean harmed marine life.

Ailene Voisin, spokesperson for the Central Coast Regional Water Quality Control Board, estimated the thermal discharge to be about 20 degrees Fahrenheit (11.1 degrees centigrade) above the ambient ocean temperature in that area and that alterations to the nearby ecosystem “are well-documented and well-understood,” yet with “no feasible technological alternatives or modifications.”

Another problem was that the induction system that pumps water from Diablo Canyon into the power plant also sucked up an estimated 1.5 billion fish larvae per year, causing disruptions to the reproductive cycle of local fish.

The Water Board said in a press release on June 18 that the settlement funds received from PG&E would be used for water quality projects that benefit the region. In addition to the settlement, the release indicated that PG&E had also been making yearly payments to mitigate the issues from their overheated discharges. 

June 26, 2021 Posted by | Legal, USA, water | Leave a comment

Tough when even a pro nuclear voice has to deplore the corruption in the nuclear industry

FirstEnergy Scandal Could Do Irreparable Harm To Nuclear Power. Forbes , 16 June 21,

Ohio’s Republican-dominated state legislature stood firm against its former speaker of the house: Rep. Larry Householder, who was indicted last July along with others for allegedly taking bribes to protect the state’s nuclear power industry. Two of the accused have already pled guilty. The beneficiary of the $1 billion state bailout, FirstEnergy FE-1.6% Corp., is reportedly in talks with prosecutors. 

Unfortunately for the nuclear industry, this event cannot be viewed in isolation: it will have a rippling effect that will no doubt jar an industry that is perpetually trying to regain its balance. Once the case fully comes to light, the fallout from it could be much worse than any preceding event — a reference to Three Mile Island and the San Onofre Nuclear Station in Southern California,

“FirstEnergy also admits it paid $250,000 to Generation Now in March of 2017″ when the alleged scheme began, says the Energy and Policy Institute. Altogether, the utility admits to paying $56.6 million. “Longstreth and Generation Now were both indicted alongside Householder last year, and have since pleaded guilty to participating in a racketeering conspiracy.”

Prosecutors allege that “Company A” is at the heart of the matter — an entity that everyone knows: FirstEnergy. It is now alleged to have taken monies from its regulated transmission and distribution units in multiple states and to have given it to this shadowy group called Generation Now. ………

At issue is an Ohio law calling for a $1.3 billion rescue package — a measure that essentially taxes every electricity consumer and then directs that money to bail out FirstEnergy’s nuclear operations. The $60 million alleged bribes also helped beat back a voter initiative that would have thrown out that law. 

The Damage Done

FirstEnergy, realizing this event has soiled its reputation, fired some key executives — ranging from the ethics officer to the chief executive officer, Charles Jones. Prosecutors alleged that Jones and Householder had 84 phone contacts between 2017 and 2019. While both men deny wrongdoing, FirstEnergy’s annual financial filings said that it was discussing a “deferred prosecution” — an agreement in which prosecutors grant amnesty if certain requirements are met. For starters, the utility would have to pay back customers for the monies it took from them and then misappropriated. 

“This is likely the largest bribery, money laundering scheme ever perpetrated against the people of the state of Ohio,” said then-U.S. Attorney David DeVillers, at the time of the indictments. “This was bribery, plain and simple. This was a quid pro quo. This was pay to play.” The prosecution alleges that the payments were tantamount to “bags of cash” that went unregulated and unreported. …..   

June 19, 2021 Posted by | Legal, secrets,lies and civil liberties, USA | Leave a comment

Chris Hedges: Julian Assange and the Collapse of the Rule of Law

“Lliving in truth in a despotic system is the supreme act of defiance. This truth terrifies those in power.”

Chris Hedges: Julian Assange and the Collapse of the Rule of Law — Rise Up Times Julian exposed the truth.  He exposed it over and over and over until there was no question of the endemic illegality, corruption and mendacity that defines the global ruling elite.
Chris Hedges gave this talk at a rally Thursday night in New York City in support of Julian Assange. John and Gabriel Shipton, Julian’s father and brother, also spoke at the event, which was held at The People’s Forum.  By Chris Hedges / Original to ScheerPost

BY MODERATOR  June 11, 2021  This why we are here tonight.  Yes, all of us who know and admire Julian decry his prolonged suffering and the suffering of his family.  Yes, we demand that the many wrongs and injustices that have been visited upon him be ended.  Yes, we honor him up for his courage and his integrity. But the battle for Julian’s liberty has always been much more than the persecution of a publisher.  It is the most important battle for press freedom of our era.  And if we lose this battle, it will be devastating, not only for Julian and his family, but for us.

Tyrannies invert the rule of law.  They turn the law into an instrument of injustice.  They cloak their crimes in a faux legality.  They use the decorum of the courts and trials, to mask their criminality.  Those, such as Julian, who expose that criminality to the public are dangerous, for without the pretext of legitimacy the tyranny loses credibility and has nothing left in its arsenal but fear, coercion and violence.

The long campaign against Julian and WikiLeaks is a window into the collapse of the rule of law, the rise of what the political philosopher Sheldon Wolin calls our system of inverted totalitarianism, a form of totalitarianism that maintains the fictions of the old capitalist democracy, including its institutions, iconography, patriotic symbols and rhetoric, but internally has surrendered total control to the dictates of global corporations.

I was in the London courtroom when Julian was being tried by Judge Vanessa Baraitser, an updated version of the Queen of Hearts in Alice-in Wonderland demanding the sentence before pronouncing the verdict. It was judicial farce. There was no legal basis to hold Julian in prison.  There was no legal basis to try him, an Australian citizen, under the U.S. Espionage Act. The CIA spied on Julian in the embassy through a Spanish company, UC Global, contracted to provide embassy security. This spying included recording the privileged conversations between Julian and his lawyers as they discussed his defense. This fact alone invalidated the trial. Julian is being held in a high security prison so the state can, as Nils Melzer, the U.N. Special Rapporteur on Torture, has testified, continue the degrading abuse and torture it hopes will lead to his psychological if not physical disintegration.

The U.S. government directed, as Craig Murray so eloquently documented, the London prosecutor James Lewis.  Lewis presented these directives to Baraitser.  Baraitser adopted them as her legal decision.  It was judicial pantomime. Lewis and the judge insisted they were not attempting to criminalize journalists and muzzle the press while they busily set up the legal framework to criminalize journalists and muzzle the press. And that is why the court worked so hard to mask the proceedings from the public, limiting access to the courtroom to a handful of observers and making it hard and at times impossible to access the trial online.  It was a tawdry show trial, not an example of the best of English jurisprudence but the Lubyanka.

Now, I know many of us here tonight would like to think of ourselves as radicals, maybe even revolutionaries.  But what we are demanding on the political spectrum is in fact conservative, it is the restoration of the rule of law.  It is simple and basic. It should not, in a functioning democracy, be incendiary.  But living in truth in a despotic system is the supreme act of defiance.  This truth terrifies those in power………..https://riseuptimes.org/2021/06/14/chris-hedges-julian-assange-and-the-collapse-of-the-rule-of-law/

June 15, 2021 Posted by | civil liberties, legal, UK | Leave a comment

Another corrupt executive pleads guilty in South Carolina’s nuclear scandal


‘Key Westinghouse witness’ in SC nuclear scandal told lies to help SCANA fool public, The News and Observer, 

BY JOHN MONKJUNE 10, 2021  COLUMBIA, SC

A former Westinghouse executive who oversaw construction on SCANA’s doomed $10 billion nuclear project in Fairfield County admitted lying about the project in an effort to fool people into thinking the doomed project would be a success, a federal prosecutor said Thursday in federal court.

The former Westinghouse official, Carl Churchman, 70, was in court in Columbia before U.S. District Judge Mary Lewis to plead guilty to one count of lying to FBI agent Aaron Hawkins.

Churchman, who now lives in Utah, was the third person so far to plead guilty in an ongoing four-year FBI investigation of criminal acts connected to the 2017 failure of SCANA’s effort to build two nuclear plants at the V.C. Summer facility in Fairfield County, about 25 miles northwest of Columbia.

It was the biggest business failure in S.C. history and threw more than 4,000 people out of work. At first, the July 2017 failure of the nuclear project was attributed to cost overruns and mismanagement, but the FBI investigation established that top SCANA officials engaged in a criminal conspiracy to hide the looming business failure from the public, regulars and investors who owned SCANA stock.

“There is more to come (in the investigation), and Mr. Churchman is a key witness for us,” assistant U.S. Attorney Winston Holliday told Judge Lewis, indicating that more people would face criminal charges.

In 2020 and this year, two former top SCANA executives — Stephen Byrne and Kevin Marsh — pleaded guilty to criminal fraud charges related to their knowing about costly delays to the project, delays they unlawfully kept secret for years from regulators and shareholders. Sentences in those cases are pending.

“There is more to come (in the investigation), and Mr. Churchman is a key witness for us,” assistant U.S. Attorney Winston Holliday told Judge Lewis, indicating that more people would face criminal charges.

In 2020 and this year, two former top SCANA executives — Stephen Byrne and Kevin Marsh — pleaded guilty to criminal fraud charges related to their knowing about costly delays to the project, delays they unlawfully kept secret for years from regulators and shareholders. Sentences in those cases are pending.

In several court hearings, prosecutors have described the lies told by SCANA executives not as crimes of greed but crimes of hubris and an abuse of public trust — an inability to tell the truth and admit publicly that such a huge project that was supposed to showcase a major commitment to nuclear energy with Westinghouse nuclear reactors had turned into such an abject failure…………    https://www.newsobserver.com/news/state/south-carolina/article252009438.html

June 12, 2021 Posted by | Legal, secrets,lies and civil liberties, USA | 1 Comment

« Previous Entries     Next Entries »