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]

 

Trump inauguration crowd photos were edited after he intervened

A government photographer edited official pictures of Donald Trump’s inauguration to make the crowd appear bigger following a personal intervention from the president, according to newly released documents.

The photographer cropped out empty space “where the crowd ended” for a new set of pictures requested by Trump on the first morning of his presidency, after he was angered by images showing his audience was smaller than Barack Obama’s in 2009.

The detail was revealed in investigative reports released to the Guardian under the Freedom of Information Act by the inspector general of the US interior department. They shed new light on the first self-inflicted crisis of Trump’s presidency, when his White House falsely claimed he had attracted the biggest ever inauguration audience.

The records detail a scramble within the National Park Service (NPS) on 21 January 2017 after an early-morning phone call between Trump and the acting NPS director, Michael Reynolds. They also state that Sean Spicer, then White House press secretary, called NPS officials repeatedly that day in pursuit of the more flattering photographs.

It was not clear from the records which photographs were edited and whether they were released publicly.

The newly disclosed details were not included in the inspector general’s office’s final report on its inquiry into the saga, which was published in June last year and gave a different account of the NPS photographer’s actions.

By the time Trump spoke on the telephone with Reynolds on the morning after the inauguration, then-and-now pictures of the national mall were circulating online showing that Trump’s crowd fell short of Obama’s. A reporter’s tweet containing one such pair of images was retweeted by the official NPS Twitter account.

An NPS communications official, whose name was redacted in the released files, told investigators that Reynolds called her after speaking with the president and said Trump wanted pictures from the inauguration. She said “she got the impression that President Trump wanted to see pictures that appeared to depict more spectators in the crowd”, and that the images released so far showed “a lot of empty areas”.

The communications official said she “assumed” the photographs Trump was requesting “needed to be cropped”, but that Reynolds did not ask for this specifically. She then contacted the NPS photographer who had covered the event the day before.

A second official, from the NPS public affairs department, told investigators that Spicer called her office on the morning of 21 January and asked for pictures that “accurately represented the inauguration crowd size”.

In this official’s view, Spicer’s request amounted to “a request for NPS to provide photographs in which it appeared the inauguration crowd filled the majority of the space in the photograph”. She told investigators that she, too, contacted the NPS photographer to ask for additional shots.

The NPS photographer, whose name was also redacted, told investigators he was contacted by an unidentified official who asked for “any photographs that showed the inauguration crowd sizes”. Having filed 25 photographs on inauguration day, he was asked to go back to his office and “edit a few more” for a second submission.

“He said he edited the inauguration photographs to make them look more symmetrical by cropping out the sky and cropping out the bottom where the crowd ended,” the investigators reported, adding: “He said he did so to show that there had been more of a crowd.”

The investigators said the photographer believed the cropping was what the official “had wanted him to do”, but that the official “had not specifically asked him to crop the photographs to show more of a crowd”.

A summary in the inspector general’s final report said the photographer told investigators “he selected a number of photos, based on his professional judgment, that concentrated on the area of the national mall where most of the crowd was standing”.

Asked to account for the discrepancy, Nancy DiPaolo, a spokeswoman for the inspector general, said the cropping was not mentioned in the final report because the photographer told investigators this was his “standard artistic practice”. But investigators did not note this in the write-up of their interview.

The newly released files said Spicer was closely involved in the effort to obtain more favourable photographs. He called Reynolds immediately after the acting director spoke with Trump and then again at 3pm shortly before the new set of photographs was sent to the White House, investigators heard. Another official reported being called by Spicer.

At about 5.40pm that day, Spicer began a now notorious press briefing at the White House in which he falsely stated: “This was the largest audience to ever witness an inauguration – period.” A spokeswoman for Spicer did not respond to a request for comment.

The inspector general’s inquiry was prompted by a February 2017 complaint through the office’s website, alleging NPS officials tried to undermine Trump and leaked details of Trump’s call with Reynolds to the Washington Post, where it was first reported. The inspector general found no evidence to substantiate the allegations.

The Guardian asked in its June 2017 freedom of information request for the identity of the complainant who sparked the inspector general’s inquiry. But this, and the entire complaint, was redacted in the released documents.

[The Guardian]

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]

Trump Blames Democrats for Shutting Down Park Service After Proposing Shutting Down Park Service

President Donald Trump uncorked a tweet storm on Thursday morning, lashing out at Democrats over a slew of different issues.

Trump’s Twitter tirade — six messages over the course of just two minutes — came a day before an expected congressional vote on appropriations that would seek to avoid a shutdown of the federal government.

The president’s tweets seemed to refer to threats by Democrats in Congress not to support that appropriations package if it does not include spending for Obamacare subsidies that lower the cost of out-of-pocket health expenses for low-income Americans.

If the government does not appropriate that money, which goes directly to insurers, those insurers that sell Obamacare plans will still be on the hook for the subsidies to customers, but will have to eat the cost of doing so.

But the tweeter in chief also teed off on Democrats on military spending, border security and national parks.

Reality

In Trump’s budget proposal to Congress, he suggested massive cuts of $1.5 billion dollars to the Department of the Interior which would have decimated the Parks Department.