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UPDATE: Florida Governor Rick Scott Officially Defies Justice Department, Vows To Continue Voter Purge | In a letter sent tonight, Florida Governor Rick Scott said the state will continue to purge registered voters from the rolls despite the Department of Justice’s warning that the effort is illegal. The Miami Herald reports, “the letter all but dares the Justice Department to sue Florida for allegedly violating the 1965 Voting Rights Act and the 1993 National Voter Registration Act.” You can read the full letter here.

Climate Progress

Breaking: Pacific Institute Reinstates Peter Gleick After Outside Review Confirms His Public Statements On Heartland Affair

Peter Gleick

What a twin reversal of fortune. While the Heartland Institute has melted down because of its overreaction to climate scientist Peter Gleick’s release of their funding documents, Gleick himself has now been reinstated as president of the Pacific Institute following an independent investigation.

On May 21, the UK Guardian broke the news that an external investigation conducted for the Institute cleared Gleick of the charge of faking material in his elaborate effort to obtain internal Heartland strategy and finance documents.

Today, the Institute released this short statement from the Institute’s Board of Directors:

The Pacific Institute is pleased to welcome Dr. Peter Gleick back to his position as president of the Institute. An independent review conducted by outside counsel on behalf of the Institute has supported what Dr. Gleick has stated publicly regarding his interaction with the Heartland Institute. This independent investigation has further confirmed and the Pacific Institute is satisfied that none of its staff knew of or was involved in any way.

Dr. Gleick has apologized publicly for his actions, which are not condoned by the Pacific Institute and run counter to the Institute’s policies and standard of ethics over its 25-year history. The Board of Directors accepts Dr. Gleick’s apology for his lapse in judgment. We look forward to his continuing in the Pacific Institute’s ongoing and vital mission to advance environmental protection, economic development, and social equity.

“I am glad to be back and thank everyone for continuing their important work at the Pacific Institute during my absence,” said Dr. Gleick in a statement. “I am returning with a renewed focus and dedication to the science and research that remain at the core of the Pacific Institute’s mission.”

I immediately called up the media contact at the Institute provided with the statement, Nancy Ross. She said that that statement represents the full extent of everything the Institute plans to release on this matter. As of now, the Institute is not going to release the independent review.

The May Guardian story provided this background:

Gleick’s sting on Heartland brought unwelcome scrutiny to the organisation’s efforts to block action on climate change, and prompted a walk-out of corporate donors that has created uncertainty about its financial future.

Gleick, founder of the Pacific Institute and a well-regarded water expert, admitted and apologised for using deception to obtain internal Heartland documents last February.

He has been on leave from the institute pending an external investigation into the unauthorised release of the documents, although it is not entirely clear what the investigation entailed. That investigation is now complete, and the conclusions will be made public.

For those who don’t remember the history, I’d suggest Greg Laden’s post, “An important revelation regarding Heartland Gate.” See also my February post “Crossing the Line as Civilization Implodes.”

Anyone familiar with the facts of the matter cannot be surprised by the outside counsel’s finding. It does raise the question of who created the strategy memo. I’m not sure we will ever find out the answer to that question.

All we know for sure is that the senior leadership of Heartland 1) is capable of the most outrageous and offensive falsehoods and 2) has such catastrophically bad judgment that they continued to push those falsehoods for weeks after being widely denounced, even by their own (former) supporters:

Climate Progress

House Republicans Censor Photo Showing Impacts Of Mountain Top Removal, Calling It Child Porn

by Matt Kasper

At a House hearing last week, witnesses were intending to focus on coal mining. Instead, a photo of a five year old child is getting all the attention.

Testifying in front of the House Natural Resources Commitee on the impact of coal mining, activist Maria Gunnoe intended to show a picture of a five year old child bathing in polluted water from mountaintop mining. But House Republicans censored the image, calling it child pornography.

The photo was taken by photojournalist Katie Falkenberg, who wrote this caption about the image:

Erica and Rully must bathe their daughter, age 5, in contaminated water that is the color of tea. Their water has been tested and contains high levels of arsenic…. The coal company that mines the land around their home has never admitted to causing this problem, but they do supply the family with bottled water for drinking and cooking. Contaminated and colored water has occurred in other coalfield communities as well where mountaintop mining is practiced.

Members of the committee were not able to see the informative image, because Republican committee staff barred Gunnoe from displaying the picture during her testimony.

Gunnoe complied with the request, but after the hearing was escorted into an empty room by Capitol Police and was questioned for 45 minutes about the photo at the request of an unnamed GOP senior committee staffer to Rep. Doug Lamborn (R-CO). Gunnoe is a renowned activist against mountaintop coal mining, who has testified before the committee three other times.

Intimidation tactics against coal activists are nothing new, especially against Gunnoe. She has faced threats and intimidation directed at her and her family for her environmental justice work:

In return for her passionate activism, mine managers have singled out Gunnoe as an enemy of mine workers and their jobs. She has received threats on her life and her children are frequently harassed at school. Her daughter’s dog was shot dead, wanted posters featuring her photo have appeared in local stores, and she has had to take serious measures to protect her family and property.

It is not difficult to see why the Goldman Environmental Prize winner is seen as a threat. As Gunnoe pointed out in her testimony about the Spruce coal mines in West Virginia, mountaintop removal is an extraordinarily destructive process that the coal companies don’t want the public to know about:

Read more

Justice

Washington State Law Could Threaten Social Media And Craigslist-Type Websites

Backpage.com, a classified webpage service similar to Craigslist, sued the state of Washington this week claiming that a Washington law attempting to reduce sex trafficking of minors could have the unintended effect of shutting down websites that allow their readers to post content. The law prohibits anyone from “advertising [the] commercial sexual abuse of a minor if he or she knowingly publishes, disseminates, or displays, or causes directly or indirectly, to be published, disseminated, or displayed, any advertisement for a commercial sex act” that takes place in Washington state and includes the depiction of a minor.

The law’s goal of protecting children from sex trafficking is laudable, but its language is sufficiently ambiguous that a judge could read it to target website owners that allows users to post ads that aren’t reviewed by the site’s owners. The law does provide a defense for website owners who “made a reasonable, bona fide attempt” to check the age of the person depicted in the advertisement prior to publication. But if the law is read too expansively, it could endanger any Backpage-like site that allows open submissions of advertisements.

Backpage’s complaint claims the law is also unconstitutional:

[The complaint] argues that the law is unconstitutional for several reasons, namely that it allows a site to be held “criminally liable for online content, whether they were aware of the content or not.” . . . Perhaps most significantly, the filing points out the potential breadth of the law’s application: It holds even “social networking sites like Facebook, Twitter and YouTube, search engines like Google, Bing and Yahoo!, and hundreds of others [online service providers], criminally liable for online content, whether they were aware of the content or not.”

Other states appear to be following Washington’s example. A similar law will soon take effect in Tennessee, and New York and New Jersey are considering similar laws. Depending on how the law is interpreted by courts, the ability of many kinds of sites, including social network and news publishers, to publish third party content may be threatened. With penalties up to a year in prison and/or a fine up to $10,000, the effect of the Washington law and others like it on sites that carry third party content could be substantial.

–Alex Brown

Justice

Republican Congressman Accuses Attorney General Holder Of ‘Actively Working To Enable Voter Fraud’ In Florida

In a letter released this afternoon, Congressman Tom Rooney (R-FL) accuses Attorney General Eric Holder of “supporting voter fraud in Florida.” According to Rooney, Holder is assisting in voter fraud, which is a crime, for the purpose of “aiding the President’s reelection campaign.” Rooney claims Holder of “actively working to enable voter fraud and allow illegal immigrants to cast votes in the state of Florida.”

Late last week, the Justice Department informed the State of Florida that the large purge of registered voters ordered by Governor Rick Scott was illegal and should be ended.

More from Rooney’s letter to Eric Holder:

Florida has uncovered a widespread problem of illegal and erroneous voter registration, exposing as many as 182,000 registered voters as non-U.S. citizens. The Department of Justice has an obligation to work with the state to prevent voter fraud and ensure that illegal votes are not cast, yet your department has consistently obstructed Florida’s efforts and has been either unresponsive or outright hostile to legitimate requests for information.

…Your actions further demonstrate that the Department of Justice, under your leadership, is more concerned with protecting the reelection prospects of the President than with upholding justice and enforcing the rule of law.

Rooney’s belief that 182,000 registered voters in Florida have been identified as non-U.S. citizens is not even shared by Scott. Thus far, the governor has only forwarded around 2700 names for county election officials to purge from the rolls.

Among this much smaller list, local election officials have found hundreds of fully eligible U.S. citizens. As a result of the rampant errors — and the Justice Department letter declaring the purge illegal — all 67 county election supervisors, including many Republicans, have decided to suspend the process.

Further Rooney’s assertion that voter fraud is a widespread problem is contradicted by Florida election officials and law enforcement data.

The State of Florida has until today to formally respond to the Justice Department. All indications, however, are that they plan to defy the DOJ and press forward with disenfranchising voters.

You can read the Department of Justice letter detailing the legal problems with Florida’s voter purge here.

LGBT

BREAKING: Another Federal Judge Strikes Down DOMA

Edie Windsor (Photo via Scott Wooledge)

Another federal judge has struck down the Defense of Marriage Act (DOMA), finding the law unconstitutional.

The victory comes in the case of Edie Windsor, who was seeking a refund of the federal estate tax paid by the estate of her late wife. From the ruling:

The Court declares that section 3 of the Defense of Marriage Act is unconstitutional as applied to the Plaintiff. Plaintiff is awarded judgment in the amount of $353,053.00, plus interest and costs allowed by law.

It’s another loss for Paul Clement and House Speaker John Boehner’s (R-OH) Bipartisan Legal Advisory Group of the House of Representatives (“BLAG”), who had claimed that her homosexuality was a “choice.”

Windsor’s attorneys had argued that “DOMA violates the Equal Protection principles of the U.S. Constitution because it recognizes existing marriages of heterosexual couples, but not of same-sex couples, despite the fact that New York State treats all marriages the same.”

Update

More from the ruling: “It does not follow from the exclusion of one group from federal benefits (same-sex married persons) that another group of people (opposite-sex married couples) will be incentivized to take any action, whether that is marriage or procreations.”

Alyssa

A Song of Ice and Fire, Sexual Assault, and Victims’ Perspectives

It seems like the debate over whether George R.R. Martin’s epic fantasy saga, A Song of Ice and Fire, glorifies sexual assault is bubbling back up overseas. My thoughts on this subject are manifestly on the record (and will be even more so when Beyond the Wall, the book of essays about the franchise to which I contributed, comes out on June 19), so I won’t revisit them.

But thinking this over the other day, I realized something I hadn’t considered before. At least in the novels, with one exception, perpetrators of sexual assault and domestic violence aren’t allowed point of view chapters. Tyrion and Theon might be considered exceptions, but the sexual assaults in which they are participants—the gang rape of Tyrion’s first wife Tysha and Ramsay Bolton’s assaults on his wife, the false Arya Stark—are cases in which they are both also victims, forced into non-consensual sex through threats to their lives. We learn that Robert Baratheon committed marital rape through his widow Cersei Lannister’s memories, experience Daenerys Targaryen’s submission to her huband, Khal Drogo, through her perspective.

Vitcarion Greyjoy, who given his participation in the raider culture of the Iron Islands has probably committed rape, is the only exception to this rule—in his point of view, we see him have sex with a slave whose tongue has been removed. We also hear Roose Bolton tell the story of how he assaulted Ramsay’s mother, but not from his perspective, and not in a way that supports his worldview. But for the most part, the novels privilege the stories of assault victims, and of people who feel the collateral damage of sexual assault. Perpetrators don’t get the same space to justify themselves. Victims’ stories largely get to stand uncontested. It’s an interesting structural decision, and I think a revealing one.

NEWS FLASH

REPORT: Walmart Drives Down American Wages By Outsourcing Jobs | Walmart’s outsourcing of jobs is driving down wages at American factories, according to a report from the National Employment Law Project. Instead of employing its own factory employees, Walmart subcontracts many of the jobs to outside companies that have histories of low wages and labor violations, the report said. “These outsourced workers laboring on Walmart’s behalf toil at the bottom of a complex hierarchy of intermediaries and in alternative employment schemes that leave them vulnerable to significant worker rights abuses and unsure where to seek redress,” said the report, which also noted that workers at multiple Walmart-contracted facilities have sued their employers for violating minimum wage laws and cheating them out of pay. (HT: Huffington Post)

Climate Progress

Hillary Clinton Calls For ‘More Action In The Fight Against Climate Change’

by Rebecca Lefton

In a visit to Sweden this week, U.S. Secretary of State Hillary Clinton called for greater international cooperation to address climate change.

“We do need more action in the fight against climate change. We need real-world solutions and we need results,” said Clinton in a meeting with environmental officials.

Secretary Clinton and Sweden’s Minister for the Environment, Lena Ek, announced the launch of a global awareness campaign as part of the Clean Air and Climate Coalition to spread information about the potential for cost-effective solutions to combat short-lived climate pollutants (slcp’s).  Short-lived climate pollutants — such as black carbon, soot, methane, hydrofluorocarbons (HFCs), and tropospheric ozone — are shorter lived than carbon dioxide, but much more potent. They contribute to more than 30 percent of current global warming and limiting them can significantly reduce temperatures.

Many of the solutions to avoid SLCP’s already exist but are not being utilized. The coalition is working with industry to share solutions and spread information on the benefits of action. Addressing the problem isn’t just good for climate — it’s good for human health. Action to reduce slcp emissions can save 2.5 million lives a year by improving air quality, and increase crop yields by 30 to 135 million metric tons by 2030.

Minister Ek pointed out that there are also important social benefits, as solutions for global warming also offer opportunities to promote gender equality and women’s rights.

The Clean Air and Climate Coalition was launched in February, 2012.  The Coalition got a boost last month when G8 members joined at Camp David, bringing the membership to 16 countries plus the European Commission, United Nations Environment Program, and the World Bank.

Both Clinton and Ek affirmed commitments to reducing greenhouse gas emissions. But Clinton said these ongoing (and complicated) efforts should not prevent action now to reduce slcp’s.

“While we continue to work on bringing down carbon dioxide emissions and finalizing an international agreement, let’s also deliver a blow to methane, black carbon, and HFCs. We are poised to do both, and we should,” said Clinton.

At the upcoming Rio +20 UN Earth Summit, the coalition will announce plans to engage with oil and gas companies to cut methane through waste-reduction partnerships with cities.

Rebecca Lefton is a Policy Analyst with the International Policy Team at the Center for American Progress.

NEWS FLASH

14-Year-Old Radio Host: Obama And Biden Are ‘Making Kids Gay’ | A 14-year-old radio talk show host in West Virginia is claiming that President Obama and Vice President Biden are turning children gay by coming out in favor of same-sex marriage. “Homosexuality is a belief,” Caiden Cowger explained during a May 26th broadcast. “It is not mandatory in that person…it is sickening.” “I’m going to tell you this, guys: President Obama, Vice President Biden is [sic] making kids gay!” he insisted. “Obama — if you are encouraging it, you are making kids gay.” Watch it:

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