Trump administration proposes tough rules on protests

The Trump administration is proposing to overhaul rules for protests in front of the White House and at other iconic locations in Washington, D.C., in an effort that opponents say is aimed at shutting down free speech.

The National Park Service’s (NPS) proposal, for which public comments are due by Monday, would close much of the sidewalk north of the White House to protests, limit the ability for groups to have spontaneous protests without permits in that area and on the National Mall and open the door to potentially charging some demonstrating groups fees and costs for their events.

The plan was released in August with little fanfare. But civil rights groups have been sounding alarm bells in recent days as the comment period comes to a close.

In making the proposal, the NPS cites its mandate to protect land, saying that it wants to “provide greater clarity to the public about how and where demonstrations and special events may be conducted in a manner that protects and preserves the cultural and historic integrity of these areas.”

But opponents see a connection to President Trump’s disdain for protesters, and congressional Republicans’ denunciations of recent demonstrations against new Supreme Court Justice Brett Kavanaugh as “mob rule.”

They argue that the iconic places in Washington, D.C., that hosted Martin Luther King Jr.’s “I Have A Dream” speech in 1963 and the Occupy encampments in 2012 need to remain as welcoming as possible for the First-Amendment-guaranteed right to protest, not just for D.C. locals, but for people from around the country who travel to the nation’s capital.

Mara Verheyden-Hilliard, executive director of the Partnership for Civil Justice Fund, said that while most recent administrations have tried to crack down on protests covered by the NPS unit known as the National Mall and Memorial Parks, the Trump effort is more significant.

“This administration’s come in with the most bold and consequential overhaul. The consequences are enormous,” Verheyden-Hilliard told The Hill.

“There’s never been such a large effort at rewriting these regulations,” she said. “I don’t think there can be any question that these revisions will have the intent and certainly the effect of stifling the ability of the public to protest.”

While the proposal itself wouldn’t lead directly to fees being charged for protests, it asks the public to weigh in on the possibility.

Verheyden-Hilliard was particularly critical of a proposal to reduce distinctions between demonstrations and “special events,” which include concerts and festivals. Demonstrations have previously been subject to less scrutiny in permitting and can get their permits almost automatically.

Under the proposal, those protections could change, especially if anyone sings or dances at a protest.

“Speech plus music doesn’t lose its speech character,” she said. “If the event is focused on expressing views and grievances, it is a demonstration.”

The American Civil Liberties Union’s local chapter said in a blog post that major protests like King’s speech could become too expensive for their organizers.

“Managing public lands for the benefit of the American people is what Congress funds the National Park Service to do. That includes demonstrators just as much as tourists or hikers,” wrote Arthur Spitzer, co-legal director of the ACLU of D.C.

Top Democratic lawmakers are also getting involved.

Rep. Raúl Grijalva (Ariz.), the top Democrat on the House Natural Resources Committee, joined with Rep. Jerrold Nadler (N.Y.), his counterpart for the House Judiciary Committee, and other Democrats this week in denouncing the fee idea in a letter to Interior Secretary Ryan Zinke.

“National parks must be accessible and open to the American public for peaceful assembly,” they wrote.

“While the recuperation of costs may be an appropriate standard for special events that are celebratory or entertainment-oriented, the proposed shift could have the disastrous result of undermining the freedoms of expression and assembly — which are fundamental constitutional rights — in one of our nation’s premier public parks.”

NPS spokesman Brent Everitt said any fee changes would require a separate regulatory proposal. But he nonetheless defended potential fees, citing as an example the 2012 Occupy protests in downtown D.C.’s McPherson Square and elsewhere, which cost the agency nearly $500,000.

“At this time, we want to have a genuine conversation with the public about updating a comprehensive plan to best facilitate use and enjoyment of the National Mall while preserving and protecting its monuments and memorials. Permit fees and cost recovery considerations are just one part of that overall conversation,” Everitt said in a statement.

He said the agency wants input on whether the costs to the agency are an “appropriate expenditure of National Park Service funds, or whether we should also attempt to recover costs for supporting these kinds of events if the group seeking the permit for the event has the ability to cover those costs.”

The myriad rules and standards for events on NPS land in the nation’s capital have been shaped largely by decades of litigation. And if the agency pursues a regulation like the one proposed, the lawsuits will only continue.

“If these regulations go through in current form or a substantially similar iteration, we are prepared to have them enjoined,” Verheyden-Hilliard said. “We believe that they are unconstitutional and fundamentally unsound. And moreover, they are unjustified.”

The NPS is taking comments through Monday on its regulations.gov portal.

[The Hill]

 

Interior Dept. Implements New Science Policy That Makes Oil Drilling Easier

The Interior Department has implemented a new policy that it says is meant to boost transparency and integrity of the science that its agencies use to make decisions.

The policy, outlined in an order issued last week by Deputy Secretary David Bernhardt, mandates that officials only use scientific studies or findings whose underlying data are publicly available and reproducible, with few exceptions.

Like a similar policy that the Environmental Protection Agency (EPA) has proposed, critics say the new “Promoting Open Science” policy is meant to restrict Interior’s ability to write regulations or make other decisions, by putting unnecessary restrictions on officials’ ability to use sound science.

Interior’s policy has potential reverberations across the department’s diverse agencies that oversee areas like endangered species, offshore drilling, American Indian relations and geology.

Bernhardt wrote in his order that the policy fits with President Trump’s executive orders on promoting energy production and reducing regulations, as well as past Interior policies on science.

He said the order is intended to ensure Interior “bases its decisions on the best available science and provide the American people with enough information to thoughtfully and substantively evaluate the data, methodology, and analysis used by the Department to inform its decisions.”

“This order came about in response to perennial concerns that the department has not been providing sufficient information to the public to explain how and why it reaches certain conclusions, or that it is cherry picking science to support pre-determined outcomes,” Interior spokeswoman Faith Vander Voort said in a statement.

“The goal is for the department to play with its cards face-up, so that the American people can see how the department is analyzing important public policy issues and be confident that it is using the best information available to inform its decisions.”

Charise Johnson, a researcher at the Union of Concerned Scientists, said she doesn’t buy the administration’s argument that it cares about transparency.

“They want everything publicly accessible, including the raw data, and that just doesn’t happen with peer-reviewed science, because that just doesn’t tell you anything,” she said.

“It also makes it look like they don’t trust their own scientists’ work. These are people who do their jobs, they do it well, they’re qualified to be there and they know how science works. A lot of these other people are political appointees without science backgrounds who just want to carry out a certain agenda.”

Johnson said the order looks like it’s meant to further the Trump administration’s agenda at Interior, like removing barriers to oil and natural gas drilling and reducing protections for endangered species.

“This is an attempt to cherry-pick the kind of science that they want to put forward,” said Yogin Kothari, the Union of Concerned Scientists’ senior Washington representative.

Unlike the EPA’s policy, Interior’s new science order is not a proposed rule, so it took effect immediately last week.

[The Hill]

Trump admin tightens media access for federal scientists

The Trump administration is directing federal scientists in the U.S. Geological Survey (USGS) to get approval from the Department of the Interior, its parent agency, before speaking to reporters, according to the Los Angeles Times.

USGS employees interviewed by the L.A. Times said the policy is a departure from decades of past media practices that allowed scientists to quickly respond to media requests. The employees said that the new policy will significantly undermine this.

A spokesperson for Interior disputed this description of the policy to the L.A. Times, saying that “the characterization that there is any new policy or that it for some reason targets scientists is completely false.”

Deputy press secretary for the Department of the Interior, Faith Vander Voort, told the outlet that Interior had only asked the USGS public affairs office to follow 2012 media guidelines established under former President Obama.

The guidelines say Interior’s communications office must be notified ahead of some types of interviews but does not say that scientists must get approval before speaking with reporters as an internal email obtained by the L.A. Times indicates.

The employees said that they believe the new policies were established to control the voices of Interior employees. They believe the move is a part of larger efforts to quell discourse about climate change, which the agency has produced research on.

[The Hill]

Yellowstone chief says Trump administration forcing him out: ‘I feel this is a punitive action’

Yellowstone National Park’s superintendent said Thursday that he’s being forced out in an apparent “punitive action” following disagreements with the Trump administration over how many bison the park can sustain, a longstanding source of conflict between park officials and ranchers in neighboring Montana.

Superintendent Dan Wenk announced last week that he intended to retire March 30, 2019, after being offered a transfer he didn’t want. He said he was informed this week by National Park Service Acting Director Paul “Dan” Smith that a new superintendent will be in place in August and that Wenk will be gone by then.

“I feel this is a punitive action, but I don’t know for sure. They never gave me a reason why,” Wenk said. The only dispute he’s had with U.S. Interior Secretary Ryan Zinke, who oversees the park service, was whether the park has too many bison, Wenk said.

Ranchers in neighboring Montana have long sought reductions in Yellowstone’s bison numbers because of worries that they could spread the disease brucellosis to cattle and compete with livestock for grazing space outside the park. Brucellosis causes animals to prematurely abort their young and can be transmitted through birthing material. It also can infect people.

Park biologists contend the population of more than 4,000 bison is sustainable. But Zinke and his staff have said the number is too high, Wenk said, and raised concerns that Yellowstone’s scenic Lamar Valley is being damaged by overgrazing.

Zinke, a former Montana congressman, has paid close attention to projects back home, including proposing a new national monument near Glacier National Park even as he pushed reductions to monuments elsewhere in the U.S. That’s stirred speculation he has future political ambitions in the state.

Interior spokeswoman Heather Swift declined to comment directly on Wenk’s assertions or the issue of bison management. She referred The Associated Press to a previously issued statement saying President Donald Trump had ordered a reorganization of the federal government and that Zinke “has been absolutely out front on that issue.”

Wenk said he had multiple conversations with Zinke and his staff about bison, most recently this week.

“We’re not a livestock operation. We’re managing a national park with natural systems,” he said. “We do not believe the bison population level is too high or that any scientific studies would substantiate that.”

The livestock industry wants Yellowstone’s bison herds reduced to 3,000 animals, a population target specified in a 2000 agreement between Montana and the federal government. Montana Stockgrowers Association interim vice president Jay Bodner said Zinke “understands the issues around bison, not only in the park but how that impacts the livestock issue.”

[NBC News]

Trump Team Moves To Lift Ban On ‘Extreme’ Hunting Tactics In Alaska

The Trump administration on Monday proposed rolling back a 2015 rule that bans aggressive predator control tactics in national preserves in Alaska, including shooting bear cubs and wolf pups in their dens ― a move immediately blasted by environmental groups.

The proposal, slated to be published Tuesday in the Federal Register, would amend the National Park Service’s current regulations to again allow for controversial sport hunting and trapping techniques on roughly 20 million acres of federal lands in Alaska. The park service, part of the Department of the Interior, said lifting the prohibitions would increase hunting opportunities on national preserve land, as Interior Secretary Ryan Zinke called for in a pair of secretarial orders last year.

The proposed rule would allow hunters to lure brown and black bears with bait, hunt black bears and their cubs using artificial lights, shoot bear cubs and wolf and coyote pups in their dens, and use dogs to hunt black bears. It would also allow hunters to shoot swimming caribou from motorboats.

Environmental groups voiced disgust at the attempt to strip away protections.

“I’m outraged that [President Donald] Trump and his trophy-hunting cronies are promoting the senseless slaughter of Alaska’s most iconic wildlife,” said Collette Adkins, a lawyer and biologist at the Center for Biological Diversity. “Cruel and harmful hunting methods like killing bear cubs and their mothers near dens have no place on our national preserves.”

Defenders of Wildlife said the 2015 park service rule prevented “extreme methods of killing predators.”

“The Trump administration has somehow reached a new low in protecting wildlife,” said Jamie Rappaport Clark, the nonprofit’s president and CEO. “Allowing the killing of bear cubs and wolf pups in their dens is barbaric and inhumane. The proposed regulations cast aside the very purpose of national parks to protect wildlife and wild places.”

The park service said in an emailed statement the proposed rule would “establish consistency” with state regulations. 

“The conservation of wildlife and habitat for future generations is a goal we share with Alaska,” agency regional director Bert Frost said.

A 60-day public comment period begins Tuesday.

The proposal comes a little more than a year after Congress approved a measure to repeal an Obama-era rule that largely banned hunting of Alaska’s most iconic predators in Alaska’s national wildlife refuges. The Republican-sponsored legislation opened the door for the state to resume aggressive predator control tactics, including shooting bears and wolves from airplanes, on more than 76 million acres of refuge land.

Trump signed that bill into law in April 2017.

[Huffington Post]

Ryan Zinke refers to himself as a geologist. That’s a job he’s never held.

Defending his decision to shrink the Bears Ears national monument to lawmakers last week, Interior Secretary Ryan Zinke fell back one of his favorite credentials.

“I’m a geologist,” he said. “I can assure you that oil and gas in Bears Ears was not part of my decision matrix. A geologist will tell you there is little, if any, oil and gas.”

Since becoming leader of the 70,000-employee agency, Zinke has suggested that he was a geologist or former geologist at least 40 times in public settings, including many under oath before Congress.

He uses it as a credential booster, saying things such as, “I can tell you, from a geologist, offshore mining of sand is enormously destructive environmentally, as in comparison to seismic,” as he told the House Natural Resources Committee last month.

And, “Florida is different in the currents — I’m a geologist — it’s different in geology,” in an interview with Breitbart News, defending his decision to exempt Florida from offshore drilling.

He also uses it while discussing coal revenue, seismic activity, climate change, national monuments, precious metals, endangered species, fracking and drilling.

He also uses it while discussing coal revenue, seismic activity, climate change, national monuments, precious metals, endangered species, fracking and drilling.

In May, he criticized the work of the US Geological Survey, saying at a press conference in Alaska that “I think the assessments of the USGS has done previous, I think they fall short, from a geologist’s point of view.”

Zinke, however, has never held a job as a geologist.

In his autobiography, Zinke wrote that he majored in geology at the University of Oregon, which he attended on a football scholarship, and chose his major at random.

“I studied geology as a result of closing my eyes and randomly pointing to a major from the academic catalog, and I never looked back. I am just glad I did not find electronics,” he wrote, adding that he was focused and a good student, and earned an outstanding academic achievement award his senior year.

After graduating, Zinke wrote that he considered a career in subsurface geological surveying, but after a meeting with a Navy commander, “I realized that I was doing a lot more thinking about SEAL activities — or what I thought SEAL activities would be — than I was about geological exploration and surveying.”

His LinkedIn page, his book, and various news clips piecing together his post-military life — compiled by the left-leaning group American Bridge — show that once Zinke retired as a SEAL he went into business and politics, never mentioning work in the field of geology.

Interior spokeswoman Heather Swift provided this statement to CNN: “Ryan Zinke graduated with honors with a B.S. in Geology. His intended career path was underwater geology – and he had college jobs to support that career. Upon graduation he was recruited to be an officer in the US Navy SEALs where he proudly served for 23 years and retired with the rank of Commander.”

Interior did not answer if Zinke is or has been a member of the American Institute of Professional Geologists or the Association of State Boards of Geologists.

Several geologists who CNN has spoken with have flagged his comments as disingenuous, saying that someone with a 34-year-old degree who never worked in the field is not considered a geologist.

“He seems not to be familiar with modern geologic knowledge,” said Seth Stein, a professor at the Department of Earth and Planetary Sciences and Institute for Policy Research at Northwestern University. “In particular, geologists now know that the climate is warming rapidly because of human activities. This is is causing many serious problems including rising sea level, which is a major threat to coastal communities.”

In addition, Zinke’s numerous rollbacks of environmental protections, wavering stance on climate change, and allegations by career staff that he surpassed certain reports have at least one Democratic member of Congress asking whether he should be using his college degree as a credibility booster.

“I’m not sure Secretary Zinke was paying attention during those geology classes,” said Raul Grijalva, the top Democrat on the House Natural Resources Committee.

Zinke has, several times, fallen back on his geology degree to justify his decisions. For example, in a hearing in March before the Natural Resources Committee, Zinke said, “as a geologist, the fair proposition is if you’re going to develop on federal land, there needs to be a reclamation plan to make sure that it’s returned to as good or better condition than what you found it.”

And in December, when he ordered a nationwide survey of minerals, Zinke said, “right now the United States is almost completely reliant on foreign adversaries and competitors for many of the minerals that are deemed critical for our national and economic security. As both a former military commander and geologist, I know the risk this presents to our nation.”

In September, he touted fracking at a Heritage Foundation event, saying, “I’m a former geologist. I say ‘former’ because when I went to school, I was taught that we are going to be out of oil in 2003; that there was peak oil. That’s not possible with fracking.”

And in July, when discussion national monuments he was considering shrinking, Zinke was quoted in the Albuquerque Journal saying, “the area of the monument – it’s actually four separate parcels – is a ‘little disconnected,” he told reporters during a helicopter tour. “The boundaries are difficult to discern – between private, public, state lands,’ he said. ‘The features, as a geologist, I was particularly fascinated with the basalts and the volcanics – beautiful ground.”

In one Senate Appropriations hearing last June, Zinke called himself a geologist four times, including while discussing coal revenue and potential drilling sites.

“I’m a geologist,” Zinke said. “And I don’t consider myself a genius, but I’m a pretty smart guy.”

[CNN]

Two top Trump officials were registered lobbyists for Russian-born businessman linked to Putin

A new investigation from Vice News reveals that two senior Trump administration officials were once registered lobbyists for a Russian-born businessman who has deep ties to Putin-connected Russian oligarchs.

According to Vice, Makan Delrahim — the Assistant Attorney General for the Antitrust Division in the Department of Justice — and David Bernhardt — who is currently the No. 2 official at the Department of the Interior — were registered lobbyists for Access Industries, a holding company under the control of Soviet-born billionaire Leonard Blavatnik.

Blavatnik, who is a naturalized dual U.S.-U.K. citizen, is connected to Russian oligarchs via Access Industries’ large stake in Russian aluminum company UC Rusal. Two other men who have large stakes in UC Rusal are Oleg Deripaska and Viktor Vekselberg — Russian businessmen who were recently hit with sanctions by the United States Treasury Department.

What is particularly notable about Blavatnik, notes Vice, is that he once spread out campaign donations fairly evenly between Republicans and Democrats — before shifting heavily in favor of the GOP during the 2016 election cycle, when President Donald Trump was the party’s nominee.

What’s more, he’s continued to give to Republicans since Trump’s election.

“Although he didn’t donate directly to Trump’s campaign, after Trump won, Access Industries gave a further $1 million to the Presidential Inaugural Committee,” Vice News reports. “And according to The Wall Street Journal, Blavatnik gave $12,700 in April 2017 to a Republican National Committee fund that was used to help pay for the team of private attorneys representing Trump in the probe of Russian interference in the 2016 election.”

Read the whole report here.

[Raw Story]

Zinke tells employees diversity isn’t important

Several employees at the Interior Department have told CNN that Secretary Ryan Zinke repeatedly says that he won’t focus on diversity, an apparent talking point that has upset many people within the agency.

Three high-ranking Interior officials from three different divisions said that Zinke has made several comments with a similar theme, saying “diversity isn’t important,” or “I don’t care about diversity,” or “I don’t really think that’s important anymore.”

Each time, Zinke followed with something along the lines of, “what’s important is having the right person for the right job,” or “I care about excellence, and I’m going to get the best people, and you’ll find we have the most diverse group anyone’s ever had,” the sources said.

Interior last year unexpectedly reassigned 33 senior executive staffers, of which 15 were minorities, according to the lawyer of one of the staffers who was moved. Some of those who were reassigned have filed complaints with the US Merit Systems Board.

The accusations against Zinke come as he is under investigation by multiple agencies, including Interior’s inspector general and Office of Special Counsel, regarding employee reassignment and taxpayer spending on possible politically related travel.

Interior Department spokeswoman Heather Swift vehemently denied that Zinke said anything along those lines of criticizing the need for diversity, saying, “the anonymous claims made against the secretary are untrue.”

Swift added, “As a woman who has worked for him for a number of years in senior positions, I say without a doubt this claim is untrue, and I am hopeful that they are a result of a misunderstanding and not a deliberate mistruth.”

Swift pointed to two women and an African-American who Zinke has appointed to senior leadership positions, and said “Zinke has filled several other senior positions at the career and appointed level with individuals from diverse backgrounds.”

But Zinke’s alleged comments were particularly surprising to those who feel the agency has struggled to recruit and retain a diverse workforce.

In a hallway meet-and-greet shortly after Zinke was confirmed, one staffer told CNN that Zinke was asked about diversity at Interior, a department with about 68,000 employees, of which more than 70 percent are white, according to the Office of Personnel Management.
“(Zinke) flat out said, ‘I don’t really think that’s important anymore. We don’t need to focus on that anymore.’ He obviously needed someone to provide him with better talking points,” the staffer said.

A similar comment was made during another hallway greeting session with a different group of employees.

“He said it several times. I think it’s just how he speaks – he has his canned talking points,” said the second source, who heard the same comment from Zinke months later at a holiday party.

A third person, someone who is a minority in a leadership position in the department, said he heard a similar comment during a management meeting.

“That told me everything I needed to know,” the person said. “It’s a hard business as it is, and then not to be respected or appreciated for the diverse perspective that you bring to the situation — and that’s why it’s important in my opinion. It’s the fact that we don’t look at things the same way. When we have conversations about public lands and how they’re used, we cannot afford to have a small percentage of people making those decisions.”

Zinke came under fire from the public and at least one member of Congress earlier this month over remarks seen by some as insensitive. In testimony before the House Natural Resources committee, he greeted Rep. Colleen Hanabusa (D-Hawaii) with the Japanese greeting “Konichiwa” after she told a story about her grandparents being held in internment camps during World War II, and asked why he was cutting funding to preserve those sites.

Days later, after numerous news stories calling the remarks inappropriate, Zinke doubled down in a comment to reporters, saying “How could ever saying ‘Good morning’ be bad?”

[CNN]

Interior secretary Ryan Zinke’s office spent $139,000 for construction on an office door

Records show the Interior Department spent nearly $139,000 last year for construction at the agency that was labeled on a work order as “Secretary’s Door.”

A spokeswoman for Interior Secretary Ryan Zinke did not provide answers Thursday to questions about whether changes had been made to a door in the secretary’s office.

Records show the Maryland contractor that performed the work, Conquest Solutions LLC, has done several renovation projects at federal buildings. A man who answered the phone at the company Thursday hung up when a reporter asked about Zinke’s office.

Zinke is one of several Trump Cabinet officials under scrutiny for questionable spending. He spent $53,000 on three helicopter trips last year, including one to go on a horseback ride with Vice President Mike Pence.

[Business Insider]

Interior Secretary: One-third of employees ‘not loyal to the flag’

Interior Secretary Ryan Zinke reportedly said Monday that nearly a third of his department’s employees are not “loyal to the flag” or President Trump.

“I got 30 percent of the crew that’s not loyal to the flag,” Zinke told the National Petroleum Council during a speech, according to The Associated Press.

“We do have good people” Zinke added. “But the direction has to be clear and you’ve got to hold people accountable.”

Trump and some of his allies have complained of an entrenched federal bureaucracy that they say has worked to stop — or at least slow — the president’s agenda.

The Interior secretary’s comments about the American flag came amid a feud between Trump and the NFL over the president’s criticism of players who kneel in protest during the national anthem.

Trump sparked the controversy during a campaign rally in Alabama last Friday, saying that professional athletes who protest during the anthem should be fired.

Many NFL teams responded by asserting players’ right to free speech, and many players kneeled during the anthem during Sunday’s games. Some teams, like the Seattle Seahawks and Pittsburgh Steelers, refused to appear on the field for the anthem altogether.

Some critics have claimed that the president’s comments are racially motivated.

But Trump has stood by his criticism and sought to cast his rhetoric only as a defense of the U.S. and its flag.

“The issue of kneeling has nothing to do with race,” he tweeted Monday. “It is about respect for our Country, Flag and National Anthem. NFL must respect this!”

[The Hill]

Reality

This should be very troubling that a government department head who oversees tens of thousands of non-partisan positions claims that there will be a loyalty test, and people will lose their job if they do not swear loyalty to Donald Trump.

This is third-world authoritarian stuff.

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