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BHP betrays international safety efforts

Above – uranium  tailings dam – Olympic Dam, South Australia

BHP betrays international safety efforts https://theecologist.org/2020/sep/15/bhp-betrays-international-safety-efforts, Dr Jim Green, David Noonan 15th September 2020, Mining giant BHP was complicit in the Samarco mining disaster in Brazil but the company has not learned from the experience.

The world’s largest mining company BHP has betrayed international efforts to reform the mining sectors’ ongoing potential to cause catastrophic impacts though the failure of tailings dams.

Operations at the Olympic Dam copper-uranium mine in South Australia show BHP has failed to learn key lesson’s regarding transparency, accountability and corporate responsibility following its complicity in the November 2015 disaster at the BHP and Vale joint venture Samarco iron ore mine in Brazil.

Samarco was a corporate mining disaster which caused the loss of 19 lives and catastrophic environmental impacts with permanent pollution of native people’s land and rivers. Brazilian prosecutors say the company failed to take actions that could have prevented the disaster.

Mine

BHP now faces a $6.3 billion (US dollars) law-suit in the UK on behalf of 200,000 Brazilian people. The case alleges the Anglo-Australian mining giant BHP was “woefully negligent” in the run-up to the 2015 dam failure that led to Brazil’s worst environmental disaster.

Mayors of two towns wiped out by the Samarco disaster assert that BHP has been using delaying tactics to avoid paying compensation to thousands of people affected by the flood of tailings waste.

There have long been calls from environmentalists and others for Australian mining companies to be required to apply Australian standards to their overseas mining operations. The logic is sound given the often inadequate practices of Australian mining companies overseas.

But the logic is also a little shaky given that mining standards in Australia leave much room for improvement. Olympic Dam is a case in point.

BHP orchestrated approval in 2019 for a massive new tailings dam at Olympic Dam ‒ Tailings Storage Facility 6 (TSF6). This tailings dam is to be built in the same risky ‘upstream’ design that featured in both the Samarco disaster and the January 2019 Vale Brumadinho tailings dam disaster that killed over 250 people – mainly mine workers ‒ in Brazil.

Community 

An internal 2016 report reveals that TSF6 has the potential to cause the death of 100 or more BHP employees and to cause “irrecoverable” environmental impacts from release of tailings waste.

Yet, contrary to the recommendations of NGOs in Australia, Federal Environment Minister Sussan Ley granted approval for TSF6 without a comprehensive safety impact assessment and without setting any conditions on BHP to protect workers and the environment.

TSF6 is to cover an area of nearly three sq km in tailings waste up to a height of 30 metres at the centre of the tailings pile, equivalent to the height of a nine-story building. BHP will leave this toxic mine waste there forever.

Australian Prime Minister Scott Morrison has announced a “fast track” taskforce to further prioritise and accelerate approvals to BHP mining interests in a major Olympic Dam mine expansion process.

BHP has clearly failed to learn the lessons of the disasters in Brazil. TSF6 represents an untenable risk to the lives of BHP employees and is unfit for community safety expectations in the 2020’s. Such approaches are clearly inconsistent with modern environmental practice and community expectations.

Secret

Radioactive tailings waste at Olympic Dam poses a significant long-term risk to the environment and must be isolated for over 10,000 years ‒ effectively forever. Continue reading →

September 19, 2020 Posted by Christina Macpherson | AUSTRALIA, Brazil, environment, Legal | Leave a comment

Nuclear waste transport , and legal action – UK

CORE Briefing 17th Sept 2020, With both the Pacific Egret and Grebe back in Barrow docks after their stints at Falmouth and Rosyth ship yards for safety and fitness Certification checks, return high level nuclear waste shipments from Sellafield to Germany will resume this autumn. A shipment due to take place in March this year was cancelled and its transit permit withdrawn by Federal Minister of the Interior Horst Seehofer to avoid the risk of Covid 90 infection to 6000 federal police officers needed to guard its safety.
But In a letter to Friends of the Earth Hesse on 15/9/20 the Federal Office for Nuclear Safety and Nuclear Waste Disposal ordered the immediate re-issuing of the transport permit for a new date this autumn. The group has announced it will fight this decision in court. A total of 3 shipments containing seven castors containing highly radioactive nuclear waste resulting from German spent fuel reprocessing at Sellafield will travel by rail along the West Cumbrian coast to the port of Barrow in Furness, loaded onto one of the INS (NDA subsidiary) ships and carried to the German port of Nordenham. From there it will travel by rail to the interim storage facility at Biblis nuclear power plant.

Due to numerous safety issues with storage of high-level waste at Biblis, the BUND Hessen has filed a lawsuit saying it will take legal action against the now reinstated transport licence. With last Sunday’s local German elections in North Rhine-Westphalia, the Greens achieved a record result with 20% and there will be green mayors in the former capital Bonn, Münster and the anti-nuclear stronghold Aachen.

http://www.no2nuclearpower.org.uk/wp/wp-content/uploads/2020/09/Plain-sailing.docx

September 19, 2020 Posted by Christina Macpherson | Legal, safety, UK, wastes | Leave a comment

U.S. Securities and Exchange Commission investigating FirstEnergy over its involvement in the Ohio nuclear corruption scandal

Now the SEC is investigating FirstEnergy and Ohio’s $1 billion nuclear bailout bill: This Week in the CLE, By Laura Johnston, cleveland.comCLEVELAND, Ohio — Who’s investigating FirstEnergy, in relation to the $1 billion nuclear bailout bill?

We’re talking about the U.S. Securities & Exchange Commission investigation on This Week in the CLE…….

Is the U.S. Securities and Exchange Commission the latest agency to investigate FirstEnergy over its involvement in a $60 million bribery scheme to bail out nuclear plants and get other goodies from the Ohio Legislature? Yes. The SEC has launched a separate probe of the company tied to the $60 million House Bill 6 bribery scandal. The examination became public in a federal lawsuit the company and a consulting firm filed against a former employee.

Just how little do likely voters in Ohio think of Larry Householder, the disgraced and ousted former Ohio House speaker? Householder is now rated one of the most unpopular state politicians in recent history, with a favorable rating at 7% among likely voters.…………

With all the corruption talk swirling around FirstEnergy and utilities in Ohio, in the Ohio Power Siting Board really going to stand behind its inexplicable decision that is killing the proposed offshore Lake Erie wind farm? The Ohio Power Siting Board is preparing to rule that it won’t revisit its decision, even though neither side is happy. The board says the the turbines can’t move at night between March 1 and Nov. 1. ……….. https://www.cleveland.com/news/2020/09/now-the-sec-is-investigating-firstenergy-and-ohios-1-billion-nuclear-bailout-bill-this-week-in-the-cle.html

September 17, 2020 Posted by Christina Macpherson | Legal, secrets,lies and civil liberties, USA | Leave a comment

Arizona’s cancer toll from nuclear testing: the fight for recognition and compensation

Arizona’s ‘downwinders,’ exposed to Cold War nuclear testing, fight for compensation, “It’s a travesty, and the government should not be alloweto get away with it,” one Mohave County, Arizona, resident said. NBC News, Sept. 13, 2020, By Anita Hassan, KINGMAN, Ariz. — Danielle Stephens ran her fingers down a long list of her relatives’ names and sighed.

All of them had been diagnosed with cancer. Most of them had died, many before they were 55.

Like Stephens, 81, they had all spent their lives in Kingman, Arizona, where during the Cold War they often watched the early morning sky lit up by orange flashes from atomic bombs detonated at a government testing site in the Nevada desert less than 150 miles north of the city.

“Back then, no one thought the tests were dangerous,” said Stephens, who ran a cattle ranch with her husband.

The list of her family members with cancer grew to 32 in July, when she was diagnosed with stage 4 colon cancer. It is the radiation exposure from those nuclear tests that Stephens believes caused her cancer and that of her family members and scores of others who lived in lower Mohave County in the 1950s and ’60s. Her relatives had breast, colon, thyroid and kidney cancer, all of which have been linked to radioactive fallout.

“I just think it’s a travesty, and the government should not be allowed to get away with it,” Stephens said.

The federal government enacted a compensation program for “downwinders,” those who lived near the Nevada Test Site and suffered cancers linked to radiation from the nuclear blasts. However, unlike residents in other parts of Arizona, Nevada and Utah, the residents of Kingman and lower Mohave County have never been compensated by the federal government.

Lower Mohave County residents don’t know why the federal government left them out of the 1990 Radiation Exposure Compensation Act, known as RECA. Neither do lawmakers who’ve fought for years to broaden the program. With RECA scheduled to end in 2022, they say, it’s urgent to include residents like Stephens and her neighbors and relatives.

We want to make sure that all of the families impacted are appropriately recognized and compensated,” said Rep. Greg Stanton, D-Ariz., who along with Rep. Paul Gosar, R-Ariz., introduced legislation this year that would expand RECA to include all of Mohave County, as well as Clark County, Nevada, most of which was also left out of the compensation program.

“They suffered so that we could advance American defense systems at the time that we were testing nuclear missiles, and now we owe it to them to do our part to make sure that they are recognized, acknowledged and compensated,” Stanton said.

Stephens spent more than a decade as the president of the Mohave County Downwinders, sending letters to legislators and collecting personal stories. She hopes she and other downwinders can see those changes in their lifetimes.

“We fought so long for so many years,” she said. “I want it resolved.”

The dangers and fallout of atomic testing were unknown to the public when testing began at the Nevada Test Site, now known as the Nevada National Security Site. One hundred of the nuclear tests at the site from 1951 to 1962 were above ground.

Stephens said getting a glimpse of the flashes or enormous mushroom clouds was a form of entertainment. Detonation times and dates were advertised in newspapers. Children were given short recesses on testing days to stand in the schoolyard and to watch the explosions turn the sky orange. In Las Vegas, only 65 miles from the testing site, businesses billed the tests as tourist attractions to view from hotel windows.

Stephens recalls that as a teenager in 1953, she, her father, her uncle and her brother rode on horseback into the Aquarius Mountains to get a better view of one of the nuclear explosions. As they watched the plume shoot into the sky, they could feel the wind blow the smoke and dust toward them. They hurried to get off the mountain, trying to escape the fallout. But by the time they returned home, their clothes were coated with oily pink stains, Stephens said.

“So about everyone up there got cancer,” she said. Her father died of colon and kidney cancer. Her brother, who is still alive, was diagnosed with prostate cancer. Colon cancer, which Stephens is also diagnosed with, is covered under RECA.

RECA, created in 1990 and administered by the Justice Department, entitles people to one-time payments of up to $50,000 if they developed certain cancers and lived for at least two years in certain counties of Nevada, Arizona and Utah from 1951 to 1962. It also offers compensation to on-site participants and uranium workers. The program has approved more than 23,000 downwinder claims, paying more than $1.1 billion.

But only a small part of Mohave County that lies just north of the Grand Canyon was covered. In 2000, amendments expanded the boundaries, adding five more Arizona counties, but still lower Mohave County was left out.

“It’s closer to the Nevada Test Site than any other county in Arizona,” said Laura Taylor, a lawyer who focuses on RECA claims. She pointed to a 1997 study by the National Cancer Institute that found twice the amount of radiation exposure in lower Mohave County compared to other Arizona counties, such as Gila and Yavapai, which are much farther east of the Nevada Test Site but are now covered by RECA. “It really just doesn’t make any sense.”

According to a report by Arizona health officials, Mohave County had one of the highest average cancer rates in the state from 1999 to 2001.

Taylor believes that lower Mohave County may have been left out because, at the time of RECA’s creation, the county’s closest member of Congress was based in Phoenix. Gosar, who’s spent five years trying to amend RECA to include Mohave County, said he believes that it’s been difficult to gain traction because other lawmakers may view the issue as affecting a small group of people or because the federal government doesn’t want to issue more payments.

“The government also never likes to admit it made a mistake,” he said.

In February, Stanton and Gosar introduced their latest bill to include all of Mohave and Clark counties in RECA. However, COVID-19 has limited congressional hearings, and it hasn’t moved out of the Judiciary Committee.

In July, Stanton and Gosar tried instead to introduce the expansion as an amendment to the 2021 National Defense Authorization Act, but it failed. They say they will try to include the language in coronavirus stimulus bills this fall.

If that doesn’t work, they plan to introduce a new bill during the next congressional session in January.

Eddie Pattillo, a retired construction manager, said acknowledgment by the government that lower Mohave County had been affected by nuclear fallout would mean more to him than monetary compensation………. https://www.nbcnews.com/news/us-news/arizona-s-downwinders-exposed-cold-war-nuclear-testing-fight-compensation-n1239802eside

September 14, 2020 Posted by Christina Macpherson | health, legal, PERSONAL STORIES, Reference, USA, weapons and war | Leave a comment

Your Man in the Public Gallery – Assange Hearing Day 8

Your Man in the Public Gallery – Assange Hearing Day 8, Craig Murray  September 10, 2020  The great question after yesterday’s hearing was whether prosecution counsel James Lewis QC would continue to charge at defence witnesses like a deranged berserker (spoiler – he would), and more importantly, why?

QC’s representing governments usually seek to radiate calm control, and treat defence arguments as almost beneath their notice, certainly as no conceivable threat to the majestic thinking of the state. Lewis instead resembled a starving terrier kept away from a prime sausage by a steel fence whose manufacture and appearance was far beyond his comprehension.

Perhaps he has toothache.

PROFESSOR PAUL ROGERS

The first defence witness this morning was Professor Paul Rogers, Emeritus Professor of Peace Studies at the University of Bradford. He has written 9 books on the War on Terror, and has been for 15 years responsible for MOD contracts on training of armed forces in law and ethics of conflict. Rogers appeared by videolink from Bradford.

Prof Rogers’ full witness statement is here.

Edward Fitzgerald QC asked Prof Rogers whether Julian Assange’s views are political (this goes to article 4 in the UK/US extradition treaty against political extradition). Prof Rogers replied that “Assange is very clearly a person of strong political opinions.”

Fitzgerald then asked Prof Rogers to expound on the significance of the revelations from Chelsea Manning on Afghanistan. Prof Rogers responded that in 2001 there had been a very strong commitment in the United States to going to war in Afghanistan and Iraq. Easy initial military victories led to a feeling the nation had “got back on track”. George W Bush’s first state of the union address had the atmosphere of a victory rally. But Wikileaks’ revelations in the leaked war logs reinforced the view of some analysts that this was not a true picture, that the war in Afghanistan had gone wrong from the start. It contradicted the government line that Afghanistan was a success. Similarly the Wikileaks evidence published in 2011 had confirmed very strongly that the Iraq War had gone badly wrong, when the US official narrative had been one of success.

Wikileaks had for example proven from the war logs that there were a minimum of 15,000 more civilian deaths than had been reckoned by Iraq Body Count. These Wikileaks exposures of the failures of these wars had contributed in large part to a much greater subsequent reluctance of western powers to go to war at an early stage.

Fitzgerald said that para 8 of Rogers’ report suggests that Assange was motivated by his political views and referenced his speech to the United Nations. Was his intention to influence political actions by the USA?

Rogers replied yes. Assange had stated that he was not against the USA and there were good people in the USA who held differing views. He plainly hoped to influence US policy. Rogers also referenced the statement by Mairead Maguire in nominating Julian for the Nobel Peace Prize:

Julian Assange and his colleagues in Wikileaks have shown on numerous occasions that they are one of the last outlets of true democracy and their work for our freedom and speech. Their work for true peace by making public our governments’ actions at home and abroad has enlightened us to their atrocities carried out in the name of so-called democracy around the world.

Rogers stated that Assange had a clear and coherent political philosophy. He had set it out in particular in the campaign of the Wikileaks Party for a Senate seat in Australia. It was based on human rights and a belief in transparency and accountability of organisations. It was essentially libertarian in nature. It embraced not just government transparency, but also transparency in corporations, trade unions and NGOs. It amounted to a very clear political philosophy. Assange adopted a clear political stance that did not align with conventional party politics but incorporated coherent beliefs that had attracted growing support in recent years.

Fitzgerald asked how this related to the Trump administration. Rogers said that Trump was a threat to Wikileaks because he comes from a position of quite extreme hostility to transparency and accountability in his administration. Fitzgerald suggested the incoming Trump administration had demonstrated this hostility to Assange and desire to prosecute. Rogers replied that yes, the hostility had been evidenced in a series of statements right across the senior members of the Trump administration. It was motivated by Trump’s characterisation of any adverse information as “fake news”.

Fitzgerald asked whether the motivation for the current prosecution was criminal or political? Rogers replied “the latter”. This was a part of the atypical behaviour of the Trump administration; it prosecutes on political motivation. They see openness as a particular threat to this administration. This also related to Trump’s obsessive dislike of his predecessor. His administration would prosecute Assange precisely because Obama did not prosecute Assange. Also the incoming Trump administration had been extremely annoyed by the commutation of Chelsea Manning’s sentence, a decision they had no power to revoke. For that the prosecution of Assange could be vicarious revenge.

Several senior administration members had advocated extremely long jail sentences for Assange and some had even mooted the death penalty, although Rogers realised that was technically impossible through this process.

Fitzgerald asked whether Assange’s political opinions were of a type protected by the Refugee Convention. Rogers replied yes. Persecution for political opinion is a solid reason to ask for refugee status. Assange’s actions are motivated by his political stance. Finally Fitzgerald then asked whether Rogers saw political significance in the fact that Assange was not prosecuted under Obama. Rogers replied yes, he did. This case is plainly affected by fundamental political motivation emanating from Trump himself.

James Lewis QC then rose to cross-examine for the prosecution. His first question was “what is a political opinion?” Rogers replied that a political opinion takes a particular stance on the political process and does so openly. It relates to the governance of communities, from nations down to smaller units……….  https://www.craigmurray.org.uk/?fbclid=IwAR1SSVvRVbh8_y-5pargeR-U2E6JHQDcGUq_752VyejbktpjIbMY-g-MdnA

September 13, 2020 Posted by Christina Macpherson | Legal, secrets,lies and civil liberties, UK | Leave a comment

Professor Paul Rogers – a witness explaining how Julian Assange is to be extradited for POLITICAL REASONS

Julian Assange clearly political, says extradition trial witness, https://www.theaustralian.com.au/world/julian-assange-clearly-political-says-extradition-trial-witness/news-story/735ef7d40551d52f4f7f12d9d6c318d7      JACQUELIN MAGNAY, FOREIGN CORRESPONDENT@jacquelinmagnay, THE TIMES, SEPTEMBER 10, 2020

Julian Assange’s nomination for the Senate during the 2013 federal­ election campaign and the establishment of the WikiLeaks political party the year before­ “clearly shows’’ the WikiLeaks founder has a political view and a libertarian standpoint, a witness has told the Old Bailey.

Professor Paul Rogers, the emeritus professor of peace studies at Bradford University, was called as a witness by Assange’s team to persuade the judge that Assange is being targeted for ­political means, and thus an extraditio­n to the US should not be permitted under the Anglo-US extradition treaty.

In day three of the court hearing where Assange, 49, is objecting to extradition to the US, Professor Rogers said in written testimony that Assange’s expresse­d views, opinions and activities demonstrate very clearly “political opinions”. He cited how Assange had formed the political party to contest­ the Australian general election and “central of this is his view to put far greater attention to human rights’’.

He added: “The clash of those opinions with those of successive US administrations, but in particular­ the present administration which has moved to prosecute him for publications made almost a decade ago, suggest that he is regarded primarily as a polit­ical opponent who must exper­ience the full wrath of government, even with suggestions of punishment by death made by senior officials including the current­ President.’’

But US prosecutor James Lewis QC said: “Assistant US Attorney­ Gordon D. Kromberg explicitly refutes that this is a political prosecution but rather an evidence-based prosecution.’’

In documents to the court, the prosecution says the inves­t­ig­ation into Assange had been ongoing before the Trump admin­istration came into office.

“Assange’s arguments are contradicted by judicial findings, made in the US District Court of the District of Columbia, that the investigation into the unauthorised disclosure of classified information on the WikiLeaks website remained ongoing when the present administration came into office,” the prosecution says.

Mr Lewis added: “If this was a political prosecution, wouldn’t you expect him to be prosecuted for publishing the collateral murder video?’’https://www.theaustralian.com.au/world/julian-assange-clearly-political-says-extradition-trial-witness/news-story/735ef7d40551d52f4f7f12d9d6c318d7

He said Assange was being extradited to face charges relating to complicity in illegal acts to obtain or receive voluminous databases­ of classified inform­ation, his agreement and attempt­ to obtain classified information­ through computer hacking; and publishing certain classified documents that contained the unredacted names of innocent people who risked their safety and freedom to provide information to the United States and its allies, including local Afghan­s and Iraqis, journalists, religious leaders, human rights advocates, and political dissidents from repressive regimes.

Professor Rogers told the court the motivation of Assange and WikiLeaks was to achieve greater transparency and was political. The trial continues.

September 10, 2020 Posted by Christina Macpherson | legal, politics international, secrets,lies and civil liberties, UK | Leave a comment

Julian Assange’s extradition hearing in London. What can we expect?

What’s at stake at Julian Assange’s long-awaited extradition hearing?,    ABC 8 Sept 20, Julian Assange is fighting an attempt by the United States to extradite him to face charges on what it says was “one of the largest compromises of classified information in the history of the United States”.

It marks the culmination of a nearly decade-long pursuit by US authorities of the Australian-born WikiLeaks founder over the publication of secret documents and files in 2010 and 2011.

Assange’s extradition hearing had initially begun in February but was delayed for several months, and the coronavirus pandemic added additional delays, meaning Assange has been kept on remand in Belmarsh prison in south-east London since last September.

As reported by Background Briefing, Assange’s defence team will attempt to persuade the court he is unfit to travel to the US to face trial, and that the attempt to send him there is essentially an abuse of process.

How did he get to this point?

WikiLeaks made international headlines in April 2010 when it published a classified US military video showing an Apache attack helicopter gunning down 11 civilians, including two Reuters journalists, on a street in Baghdad in 2007.

Later that year, WikiLeaks released hundreds of thousands of US military messages and cables, a leak that saw former US Army intelligence analyst Chelsea Manning jailed……..

Assange, 49, has always denied the allegations, saying they were part of a US plot to discredit him and eventually extradite him to the US, and the investigation was eventually dropped in 2017.

He remained holed up in the embassy for seven years until April 2019, when the Ecuadorian government withdrew his asylum and Metropolitan Police officers arrested him for failing to surrender to the court over an arrest warrant issued in 2012……..

In May 2019, Assange was sentenced to 50 weeks in jail for breaching bail conditions, and during that time the US Justice Department brought 18 charges against him.

What is Assange accused of?

Assange is facing 17 charges relating to obtaining and disclosing classified information, and one charge concerning an alleged conspiracy to crack passwords on government servers.

The US alleges he conspired with Chelsea Manning to hack into US military computers to acquire the classified information published by WikiLeaks.

…… Assange maintains the information exposed abuses by the US military and that he was acting as a journalist and is therefore entitled to protection by the US’s First Amendment.

What can we expect from this hearing?

The court must examine a series of factors before any extradition can be granted, such as if the alleged crimes have equivalent offences in the UK and could lead to trial.

“It’s what’s called double criminality, in other words, whether the offences for which Assange is being sought in under US law are broadly being recognised under UK law,” Professor Don Rothwell, from the Australian National University, told Background Briefing.

Prosecutors have argued there is no doubt his actions would amount to offences under the UK’s Official Secrets Act.

If the court agrees, it must then consider how extradition would affect Assange’s health.

Previous court appearances this year have been delayed due to health issues, and his lawyers say his efforts to protect himself from US extradition and being stuck inside the Ecuadorian embassy for seven years had taken its toll.

If the court accepted it would be detrimental to his health, it could open up the possibility of protecting Assange in the UK under European human rights law.

The magistrate may also take issue with how the prosecutors are seeking to impose American law on what Mr Assange is alleged to have done outside of US territory.

“In this matter, US law is seeking to extend all the way, not only from the United States, but into the United Kingdom and into parts of Europe and basically impact upon the activities that Assange has undertaken associated with WikiLeaks over 10 years ago,” Professor Rothwell said…….

Assange’s legal team contends the US is seeking to prosecute Assange for political offences and that he is thereby exempt from extradition under the terms of the UK-US extradition treaty…….

What happens next?

The hearing is expected to last between three and four weeks, with any decision made likely to be appealed and go to a higher court, meaning the legal battle would likely drag into next year and possibly beyond that.

If Assange is eventually extradited to the United States and found guilty, he faces a maximum 175 years imprisonment for the 18 offences listed in the indictment.  https://www.abc.net.au/news/2020-09-09/julian-assange-what-does-extradition-hearing-mean/12642972

September 10, 2020 Posted by Christina Macpherson | Legal, secrets,lies and civil liberties, UK | Leave a comment

Australian government’s cowardly double standards: saves its citizens from Chines oppression, but not Assange from American oppression

DOUBLE STANDARDS!     What a glaring example of kowtowing to USA!

The Australian government has just deftly extricated two journalists from probably gaol in China.  But what about Australian citizen Julian Assange.  As usual, Australia kowtows to the mighty USA.

Julian Assange is not getting fair treatment at the Old Bailey (London) hearing about whether or not he should be extradited to the USA, to face 175 years of gaol, on “espionage” charges.   Independent journalists, people from Amnesty, or anyone else likely to give Assange’s side of the story, in reporting this bizarre hearing, is excluded from the courtroom.  That’s despite the Old Bailey’s tradition of an open courtroom.

As far as I can ascertain, they’re now charging Julian with publicising the names of USA agents.   But in fact, Assange gave the documents to newspapers, I think it was the Guardian and the New York Times, with an express request to NOT publish those names. And the papers went ahead and published them. Julian didn’t.    I also understand that, even then no harm came to any of those agents.

It’s all a trumped up thing.  Julian being oppressed because he revealed evidence of USA military atrocities.  So, like Wilfred Burchett, decades ago, he must be punished by almighty America, and Australia must dutifully follow suit.

September 9, 2020 Posted by Christina Macpherson | AUSTRALIA, Christina's notes, civil liberties, legal | Leave a comment

INJUSTICE in the court? The extradition trial of Julian Assange

UK: Assange extradition hearing will be a key test for UK and US justice  https://www.amnesty.org/en/latest/news/2020/09/uk-assange-extradition-hearing-will-be-a-key-test-for-uk-and-us-justice/?fbclid=IwAR2HY0lPIxV4m0h3u7ikxEmtaJ0m5YxUITtTgqmVViX03L6qsd40vHEwq2Y    4 September 2020, 

US authorities must drop all charges against Julian Assange relating to his publishing activities, and UK authorities must reject the related US extradition request, said Amnesty International ahead of Julian Assange’s extradition hearing which resumes on Monday and is expected to last several weeks.

The hearing will decide on the Trump administration’s request for Julian Assange’s extradition to the US, where he faces a sentence of up to 175 years for publishing materials that document possible war crimes committed by the US military.

“This hearing is the latest worrying salvo in a full-scale assault on the right to freedom of expression. If Julian Assange is prosecuted it could have a chilling effect on media freedom, leading publishers and journalists to self-censor in fear of retaliation,” said Amnesty International’s Europe Director, Nils Muižnieks.

“If Julian Assange is extradited it will have far reaching human rights implications, setting a chilling precedent for the protection of those who publish classified information in the public interest.”

The US extradition request is based on charges that stem directly from the publication of classified documents as part of Assange’s journalistic work with Wikileaks. Publishing such information is a cornerstone of media freedom and the public’s right to access public interest information, and must be protected rather than criminalized.

n the US, Julian Assange could face trial on 18 charges, 17 of them under the Espionage Act; and one under the Computer Fraud and Abuse Act. He would also face a real risk of serious human rights violations including detention conditions that could amount to torture or other ill-treatment, including prolonged solitary confinement. Julian Assange is the first publisher to face charges under the Espionage Act.

The fact that Assange was the target of a negative public campaign by US officials at the highest levels undermines his right to be presumed innocent and puts him at risk of an unfair trial.

“The UK must abide by its obligations under international human rights law, which forbid the transfer of individuals to another country where they would face serious human rights violations,” said Nils Muižnieks.

The case will begin at the Old Bailey, London, on the morning (9.30am UK time) of 7 September. Stefan Simanowitz will be outside the court with an Amnesty International spokesperson. Follow @StefSimanowitz for updates and analysis 

Amnesty will have trial observers monitoring remotely the entire series of hearings. During the first week, Sebastian Elgueta (@sebelgueta), a UK based barrister, will be monitoring.

Background:

Amnesty International also has concerns with regard to Julian Assange’s physical and mental well-being, particularly with the spread of COVID-19.

Conditions in UK prisons and detention centres are substandard. It is imperative that health and safety protocols are put in place to reduce the risk of COVID-19 infection, while ensuring that prisoners’ and detainees’ rights are protected. Bail or release should be considered for any detainee or prisoner who has serious underlying health conditions and is particularly at risk of infection.

See Amnesty International’s statement on prison conditions for Assange here

September 8, 2020 Posted by Christina Macpherson | legal, secrets,lies and civil liberties, UK | Leave a comment

Workers and families sue U.S. Department of Energy contractors over illnesses from work at Piketon-area nuclear plant

Former employees, families sue companies working on Piketon-area nuclear plant,    https://www.dispatch.com/news/20200906/former-employees-families-sue-companies-working-on-piketon-area-nuclear-plant  By Beth Burger
The Columbus DispatchThe lawsuit, filed last week, alleges workers and their families became ill due to the actions of U.S. Department of Energy contractors. The suit seeks a medical monitoring program to evaluate the multi-generational impact of radioactive contamination.

A lawsuit filed on behalf of former nuclear employees and their families accuses U.S. Department of Energy contractors of “poisoning workers and the people, land, air and water for miles” around the former Portsmouth Gaseous Diffusion Plant that was in southern Ohio.

The actions of DOE’s contractors released radioactive isotopes that “have created a situation akin to a creeping Chernobyl” and resulted in “injuries, sickness, disease, including cancers, damage to DNA, death, loss of and damages to property, and reduction in property values,” according to the lawsuit filed Thursday in U.S. District Court in Columbus.

The contamination likely spread in Pike, Scioto, Lawrence, Vinton and Adams counties in Ohio, according to the lawsuit.

Though the DOE is not named as a defendant in the case, its contractors are, including: Centrus Energy Corp., the United States Enrichment Corp., Lockheed Martin Corp., Uranium Disposition Services, BWXT Conversion Services, Mid-America Conversion Services, Bechtel Jacobs Co., Lata/Parallax Portsmouth LLC, FLUOR-BWXT Portsmouth LLC, Goodyear Tire and Rubber Co. and Martin Marietta Inc.

DOE spokeswoman Jessica Szymanski said Friday that the department does not comment on pending litigation.

The lawsuit is requesting a medical monitoring program that would evaluate the multi-generational impact of radioactive contamination.

“That is a major component of our request for relief,” said Nathan Hunter, one of the attorneys representing the plaintiffs, who noted that DNA damage could be transferred through generations.

There’s a workers’ compensation fund for nuclear workers, but that has failed the plaintiffs because of a host of issues, including falsified records, Hunter said.

The accusations are serious, and allege that DOE and the companies “actively deceived workers, the general public and regulators,” by suppressing critical information, including the release and spreading of nuclear poison, safety violations, arson, workplace exposures, and illegally transporting highly radioactive materials, as well as conspiring to destroy and falsify records.

Jeff Walburn worked in security at the plant for 31 years, and was hospitalized in 1994 because of damage to his lungs. He’s listed as a plaintiff.

“My life and family have been decimated by the nuclear scourge unleashed into the environment by these companies. These radioactive isotopes go into our bodies, creating cancers and genetic defects for generations,” he said in a released statement.

Charles “Chick” Lawson, a resident of Lucasville who was employed for 15 years in security and was the union safety representative and OHSHA investigator at the Portsmouth Gaseous Diffusion Plant, also is a plaintiff.

We are filing this lawsuit to expose the heinous actions and extensive cover-up by companies paid over a billion dollars to protect us,” he said in a released statement.

The lawsuit says that cancer rates in some affected areas are 700% greater than the national average. Scioto, Pike, Lawrence Vinton and Adams counties have the highest cancer rates in the state of Ohio, according to the lawsuit.

Pike County’s cancer rate was the second-highest in Ohio in 2019, according to the Ohio Department of Health. Vinton County had the highest rate of cancer, records show.

The lawsuit filed Thursday is the latest filed in connection to health issues associated with the former plant.

bburger@dispatch.com

@ByBethBurger

September 7, 2020 Posted by Christina Macpherson | health, Legal, USA | Leave a comment

U.S. Court fins that mass surveillance program exposed by Snowden was illegal

U.S. court: Mass surveillance program exposed by Snowden was illegal, Raphael Satter, (Reuters) 4 Sept 20, – Seven years after former National Security Agency contractor Edward Snowden blew the whistle on the mass surveillance of Americans’ telephone records, an appeals court has found the program was unlawful – and that the U.S. intelligence leaders who publicly defended it were not telling the truth.In a ruling handed down on Wednesday, the U.S. Court of Appeals for the Ninth Circuit said the warrantless telephone dragnet that secretly collected millions of Americans’ telephone records violated the Foreign Intelligence Surveillance Act and may well have been unconstitutional.

Snowden, who fled to Russia in the aftermath of the 2013 disclosures and still faces U.S. espionage charges, said on Twitter that the ruling was a vindication of his decision to go public with evidence of the National Security Agency’s domestic eavesdropping operation. …….

“Today’s ruling is a victory for our privacy rights,” the ACLU said in a statement, saying it “makes plain that the NSA’s bulk collection of Americans’ phone records violated the Constitution.”

Reporting by Raphael Satter; Editing by Tom Brown  https://www.reuters.com/article/us-usa-nsa-spying-idUSKBN25T3CK?fbclid=IwAR3sRR-njWN8HPgtFcejytlwQP7TV5Ca0HqxOYy-PhSL-AnnEE5fL3krU5w

September 5, 2020 Posted by Christina Macpherson | civil liberties, Legal, USA | Leave a comment

Six Portuguese youth file ‘unprecedented’ climate lawsuit against 33 countries 

Six Portuguese youth file ‘unprecedented’ climate lawsuit against 33 countries  Climate Home News,By Chloé Farand03/09/2020,IN the first climate case to be filed with the European Court of Human Rights, six Portuguese youth argue inadequate emissions cuts violate their human rights t

Six Portuguese young people have filed a legal action accusing 33 countries of violating their right to life by not doing their fair share to tackle the climate crisis.

This is the first climate change case to be filed with the European Court of Human Rights (ECHR) in Strasbourg, France. If admissible, it could set an important precedent, showing the way for other climate lawsuits based on human rights arguments.

Cláudia Agostinho (21), Catarina Mota (20), Martim Agostinho (17), Sofia Oliveira (15), André Oliveira (12) and Mariana Agostinho (8) are suing the 27 European member states, as well as the UK, Switzerland, Norway, Russia, Turkey and Ukraine for failing to make deep and urgent emissions cuts to safeguard their future.

Their complaint comes after lethal wildfires in Portugal in 2017 killed more than 120 people. Researchers have linked the intensity of the 2017 blaze to global warming. The case is being filed after Portugal recorded its hottest July in the last 90 years……….. https://www.climatechangenews.com/2020/09/03/six-portuguese-youth-file-unprecedented-climate-lawsuit-33-countries/

September 5, 2020 Posted by Christina Macpherson | climate change, EUROPE, Legal | Leave a comment

Nuclear Workers Sue Over ‘Creeping Chernobyl’ in Ohio

Nuclear Workers Sue Over ‘Creeping Chernobyl’ in Ohio (1) Maya Earls, Legal Reporter, Sept. 5, 2020,   

  • COURT: S.D. Ohio
  • TRACK DOCKET: No. 2:20-cv-04621 (Bloomberg Law Subscription)
  • JUDGE: Edmund A. Sargas Jr. (Bloomberg Law Subscription)
  • DEFENDANTS: Goodyear Tire & Rubber Co., Lockheed Martin Corp.

Companies including Lockheed Martin Corp. and Goodyear Tire & Rubber Co. recklessly and negligently operated a nuclear site in Ohio that poisoned nuclear workers and contaminated the environment, according to a class complaint filed in an Ohio federal court.

The defendants not only showed a lack of concern for safety, but they tried to hide information about criminal operations at the site in violation of the Racketeer Influenced and Corrupt Organizations Act, according to the lawsuit filed Thursday in the U.S. District Court for the Southern District of Ohio.

The lawsuit’s claims stem from operations at the Portsmouth Gaseous Diffusion… (subscribers only) https://news.bloomberglaw.com/environment-and-energy/nuclear-workers-sue-over-creeping-chernobyl-in-ohio

September 5, 2020 Posted by Christina Macpherson | legal, USA | Leave a comment

Small nuclear reactor NuScam’s parent company Fluor sued over allegations of insider trading and deception

Fluor Board Sued Over Insider Trading, Accounting Allegations,    Mike Leonard, Legal Reporter,     Aug. 14, 2020, COURT: Del. Ch., TRACK DOCKET: No. 2020-0655 (Bloomberg Law Subscription, JUDGE: J. Travis Laster (Bloomberg Law Subscription), COMPANY INFO: Fluor Corp. (Bloomberg Law Subscripti

The board of Fluor Corp., a leading engineering and construction conglomerate that does significant business with the federal government, has been hit with a Delaware lawsuit claiming several of its members sold stock at inflated prices while conspiring to mask the company’s deteriorating finances.

“At the same time,” Fluor’s board and top executives “engaged in a pattern” of having the company “repurchase its own shares at over-inflated prices,” the 98-page Chancery Court complaint says. “This repurchase of inflated stock cost the company over $1.6 billion.”

The heavily redacted derivative suit, made public Wednesday, comes about three months after Fluor……….(subscribers only) https://news.bloomberglaw.com/mergers-and-antitrust/fluor-board-sued-over-insider-trading-accounting-allegations

September 3, 2020 Posted by Christina Macpherson | Legal, secrets,lies and civil liberties, Small Modular Nuclear Reactors, USA | Leave a comment

Plowshares’ Clare Grady, longtime Catholic Worker and peace activist, may face 21 years in gaol

Plowshares activist facing 21 years in jail finds ’cause for rejoicing’, Natiional Catholic Reporter, Aug 29, 2020, by Eric Martin
Clare Grady is a longtime Catholic Worker and peace activist who now faces the possibility of more than 21 years in jail for her participation in the Kings Bay Plowshares action. Despite that, Grady said in a recent interview that she sees “cause for rejoicing” in the current political moment.On April 3, 2018, Grady and six other Catholics entered Kings Bay Naval Base in Georgia to symbolically and nonviolently disarm nuclear Trident submarines, which Grady says are used as “a cocked gun to enforce systems of white supremacy, global capitalism and global domination.”

The seven hammered on a shrine for nuclear missiles, painted biblical messages, and carried an indictment against the federal government for crimes against peace.

All seven were found guilty on felony charges. Liz McAlister received time served and the remaining six expect their sentencing dates on Oct. 15 and 16 might be delayed…….

NCR: Why have you pushed to link this movement that focuses on nuclear weapons with white supremacy?

Grady: It was my intention that when we got together to plan the Kings Bay Plowshares action, we would include Dr. [Martin Luther] King’s triplets [connecting racism, militarism and materialism]. And I just made a personal commitment that I wasn’t going to do that action unless I could do a little more justice to those triplets. And thankfully, the community was willing to embrace that……………

After the trial, you went on the court steps and said, “We are only as sick as our secrets. This disarming process is revealing the weapons that are ours.” And you pointed to your heart. It seemed like you were talking about collective possession of weapons but also something more personal.

Yes, all those dimensions for me. It’s the full spectrum. It’s the secret of the weapons, the secret of the systems that those weapons enforce that we don’t even know the half of what is hidden around the violence of those systems. And then, when we take up these Plowshares sacramental prophetic actions, we do it in community….,…….. https://www.ncronline.org/news/justice/plowshares-activist-facing-21-years-jail-finds-cause-rejoicing

September 1, 2020 Posted by Christina Macpherson | Legal, PERSONAL STORIES, USA, weapons and war | Leave a comment

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