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  • ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

    This article is co-published with The Texas Tribune, a nonprofit, nonpartisan local newsroom that informs and engages with Texans. Sign up for The Brief Weekly to get up to speed on their essential coverage of Texas issues.

    City officials in Uvalde, Texas, released another trove of videos on Tuesday from officers responding to the 2022 Robb Elementary School shooting, footage that they had previously failed to divulge as part of a legal settlement with news organizations suing for access.

    The new material included at least 10 police body camera videos and nearly 40 dashboard videos that largely affirm prior reporting by ProPublica, The Texas Tribune and FRONTLINE detailing law enforcement’s failures to engage the teen shooter who killed 19 children and two teachers. Officers only confronted the gunman 77 minutes after he began firing, a delay that U.S. Attorney General Merrick Garland said cost lives.

    In one 30-minute video released Tuesday, officers lined up in the school hallway as they prepared to breach a classroom door about an hour after the shooter first entered the building. The footage, while not new, showed a slightly different angle from what had previously been released. In it, victims are completely blurred, but their cries and screams can be heard and blood is visible in the hallway. The video also shows officers performing chest compressions on a victim on the sidewalk.

    In another video, an officer wearing a body camera is crying at points, telling someone on the phone: “They’re just kids. It’s fucked up.” He adds, “I just never thought shit like that would happen here.” Another officer asks if he should take his weapon from him and tells him to sit down and “relax.” That seven-minute video after the breach shows medics working on someone in an ambulance.

    The news organizations previously reported in an investigation with The Washington Post that officers initially treated teacher Eva Mireles, who was shot in Room 112, on a sidewalk because they did not see any ambulances, although two were parked just past the corner of the building. Mireles, one of three victims who still had a pulse when she was rescued, died in an ambulance that never left the school.

    Much of the other body camera footage shows officers waiting around after the breach or clearing classrooms that are empty, offering little revelatory detail. Officers are also seen outside the school responding to questions from bystanders.

    Dashboard videos also offered few new details, showing police officers idling in patrol cars outside of Robb Elementary. Some officers paced the parking lot and communicated inaudibly through radios and cellphones. One video shows a television crew arriving at the scene, and others show ambulances and parents waiting as helicopters circle overhead.

    In August, as part of the settlement, the city released hundreds of records and videos to media organizations, which similarly largely confirmed prior reporting. But days after releasing those records, city officials acknowledged that an officer with the Uvalde Police Department had informed the agency that some of his body camera footage was missing.

    Police Chief Homer Delgado ordered an audit of the department’s servers, which revealed even more videos had not been turned over. He shared those with District Attorney Christina Mitchell, who is overseeing a criminal investigation into the botched response, and ordered his own internal probe into how the lapse occurred.

    In an emailed statement late Tuesday, city officials said that the internal investigation uncovered not only “technological issues,” but an “unintentional lack of proper due diligence by the officer who served as custodian” of the police department’s records. City officials said that the officer, whom they did not name, faced disciplinary action and retired from the department. They said the investigation found “no evidence of any intentional effort to withhold information.” They added that the department is working to improve its internal record-keeping procedures and overcome technological hurdles so that “such an oversight does not occur again.”

    The Uvalde Leader-News reported last month that former city police Sgt. Donald Page faced disciplinary action related to the withheld footage and subsequently resigned. Page’s attorney declined to answer most questions but wrote in an email to the Tribune and ProPublica that the veteran officer in fact retired. Page oversaw operations including dispatch and evidence technicians, according to his interview with investigators and the city’s report into the shooting, and was in plain clothes that day. It is unclear whether he was wearing his own body camera. It does not seem to be part of any released footage.

    Former Uvalde Mayor Don McLaughlin on Tuesday praised the city police for releasing the material. He called on other law enforcement agencies to follow suit.

    “It should have been done from day one,” said McLaughlin, who is currently running for the Texas House. “I was frustrated when I found out we had something we had overlooked, but everybody needs to release their stuff. … It’s the only way these families are going to get some closure.”

    It is unclear whether the new footage would alter Mitchell’s investigation. She did not respond to requests for comment Tuesday.

    A grand jury in June indicted former Uvalde school district police Chief Pete Arredondo and school resource officer Adrian Gonzales on felony child endangerment charges. Footage released in August and on Tuesday comes from city police officers, not school district officers, so it does not include any video from Arredondo or Gonzales. None of the school district officers were wearing body cameras that day because the department did not own any, Arredondo later told investigators. He also dropped his school-issued radio as he rushed into the school.

    According to the school district’s active shooter plan, Arredondo was supposed to take charge. His indictment alleges in part that he failed to follow his training and gave directions that impeded the response, endangering children. Gonzales, who along with Arredondo was among the first officers on scene, “failed to otherwise act in a way to impede the shooter until after the shooter entered rooms 111 and 112,” according to his indictment.

    Experts have said their cases face an uphill battle as no officers in recent history have been found guilty of inaction in mass shootings. Both men pleaded not guilty, and the next hearing is set for December. No Uvalde Police Department officers have been charged.

    News organizations, including the Tribune and ProPublica, sued several local and state agencies more than two years ago for records related to the shooting. The city settled with the news organizations, agreeing to provide records requested under the state’s Public Information Act. But three other government agencies — the Texas Department of Public Safety, the Uvalde Consolidated Independent School District and the Uvalde County Sheriff’s Office — continue fighting against any release of their records.

    More than two years after the shooting, victims’ relatives have said that they still feel like there has been little accountability or transparency. They said that they feel betrayed and as if government agencies attempted a “cover-up.”

    Across the country, the news organizations found, more states require active shooter training for teachers and students than they do for the officers expected to protect them. At least 37 states have laws mandating that schools conduct active shooter-related drills, most of them annually. Texas was the only state to require repeat training for officers as of this year, 16 hours every two years, in a mandate that only came about after the Uvalde massacre.

    Experts said repeated training was necessary for these high-pressure responses, and a Justice Department review into the Uvalde response this year recommended at least eight hours of annual active shooter training for every officer in the country.

    In all, nearly 400 officers from about two dozen agencies responded to the shooting. Yet despite at least seven investigations launched after the massacre, only about a dozen officers have been fired, suspended or retired.

    One of those, Texas Ranger Christopher Ryan Kindell, was reinstated in August after fighting his termination.

    This post was originally published on ProPublica.

  • ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

    This article is co-published with The Texas Tribune, a nonprofit, nonpartisan local newsroom that informs and engages with Texans. Sign up for The Brief Weekly to get up to speed on their essential coverage of Texas issues.

    City officials in Uvalde, Texas, released another trove of videos on Tuesday from officers responding to the 2022 Robb Elementary School shooting, footage that they had previously failed to divulge as part of a legal settlement with news organizations suing for access.

    The new material included at least 10 police body camera videos and nearly 40 dashboard videos that largely affirm prior reporting by ProPublica, The Texas Tribune and FRONTLINE detailing law enforcement’s failures to engage the teen shooter who killed 19 children and two teachers. Officers only confronted the gunman 77 minutes after he began firing, a delay that U.S. Attorney General Merrick Garland said cost lives.

    In one 30-minute video released Tuesday, officers lined up in the school hallway as they prepared to breach a classroom door about an hour after the shooter first entered the building. The footage, while not new, showed a slightly different angle from what had previously been released. In it, victims are completely blurred, but their cries and screams can be heard and blood is visible in the hallway. The video also shows officers performing chest compressions on a victim on the sidewalk.

    In another video, an officer wearing a body camera is crying at points, telling someone on the phone: “They’re just kids. It’s fucked up.” He adds, “I just never thought shit like that would happen here.” Another officer asks if he should take his weapon from him and tells him to sit down and “relax.” That seven-minute video after the breach shows medics working on someone in an ambulance.

    The news organizations previously reported in an investigation with The Washington Post that officers initially treated teacher Eva Mireles, who was shot in Room 112, on a sidewalk because they did not see any ambulances, although two were parked just past the corner of the building. Mireles, one of three victims who still had a pulse when she was rescued, died in an ambulance that never left the school.

    Much of the other body camera footage shows officers waiting around after the breach or clearing classrooms that are empty, offering little revelatory detail. Officers are also seen outside the school responding to questions from bystanders.

    Dashboard videos also offered few new details, showing police officers idling in patrol cars outside of Robb Elementary. Some officers paced the parking lot and communicated inaudibly through radios and cellphones. One video shows a television crew arriving at the scene, and others show ambulances and parents waiting as helicopters circle overhead.

    In August, as part of the settlement, the city released hundreds of records and videos to media organizations, which similarly largely confirmed prior reporting. But days after releasing those records, city officials acknowledged that an officer with the Uvalde Police Department had informed the agency that some of his body camera footage was missing.

    Police Chief Homer Delgado ordered an audit of the department’s servers, which revealed even more videos had not been turned over. He shared those with District Attorney Christina Mitchell, who is overseeing a criminal investigation into the botched response, and ordered his own internal probe into how the lapse occurred.

    In an emailed statement late Tuesday, city officials said that the internal investigation uncovered not only “technological issues,” but an “unintentional lack of proper due diligence by the officer who served as custodian” of the police department’s records. City officials said that the officer, whom they did not name, faced disciplinary action and retired from the department. They said the investigation found “no evidence of any intentional effort to withhold information.” They added that the department is working to improve its internal record-keeping procedures and overcome technological hurdles so that “such an oversight does not occur again.”

    The Uvalde Leader-News reported last month that former city police Sgt. Donald Page faced disciplinary action related to the withheld footage and subsequently resigned. Page’s attorney declined to answer most questions but wrote in an email to the Tribune and ProPublica that the veteran officer in fact retired. Page oversaw operations including dispatch and evidence technicians, according to his interview with investigators and the city’s report into the shooting, and was in plain clothes that day. It is unclear whether he was wearing his own body camera. It does not seem to be part of any released footage.

    Former Uvalde Mayor Don McLaughlin on Tuesday praised the city police for releasing the material. He called on other law enforcement agencies to follow suit.

    “It should have been done from day one,” said McLaughlin, who is currently running for the Texas House. “I was frustrated when I found out we had something we had overlooked, but everybody needs to release their stuff. … It’s the only way these families are going to get some closure.”

    It is unclear whether the new footage would alter Mitchell’s investigation. She did not respond to requests for comment Tuesday.

    A grand jury in June indicted former Uvalde school district police Chief Pete Arredondo and school resource officer Adrian Gonzales on felony child endangerment charges. Footage released in August and on Tuesday comes from city police officers, not school district officers, so it does not include any video from Arredondo or Gonzales. None of the school district officers were wearing body cameras that day because the department did not own any, Arredondo later told investigators. He also dropped his school-issued radio as he rushed into the school.

    According to the school district’s active shooter plan, Arredondo was supposed to take charge. His indictment alleges in part that he failed to follow his training and gave directions that impeded the response, endangering children. Gonzales, who along with Arredondo was among the first officers on scene, “failed to otherwise act in a way to impede the shooter until after the shooter entered rooms 111 and 112,” according to his indictment.

    Experts have said their cases face an uphill battle as no officers in recent history have been found guilty of inaction in mass shootings. Both men pleaded not guilty, and the next hearing is set for December. No Uvalde Police Department officers have been charged.

    News organizations, including the Tribune and ProPublica, sued several local and state agencies more than two years ago for records related to the shooting. The city settled with the news organizations, agreeing to provide records requested under the state’s Public Information Act. But three other government agencies — the Texas Department of Public Safety, the Uvalde Consolidated Independent School District and the Uvalde County Sheriff’s Office — continue fighting against any release of their records.

    More than two years after the shooting, victims’ relatives have said that they still feel like there has been little accountability or transparency. They said that they feel betrayed and as if government agencies attempted a “cover-up.”

    Across the country, the news organizations found, more states require active shooter training for teachers and students than they do for the officers expected to protect them. At least 37 states have laws mandating that schools conduct active shooter-related drills, most of them annually. Texas was the only state to require repeat training for officers as of this year, 16 hours every two years, in a mandate that only came about after the Uvalde massacre.

    Experts said repeated training was necessary for these high-pressure responses, and a Justice Department review into the Uvalde response this year recommended at least eight hours of annual active shooter training for every officer in the country.

    In all, nearly 400 officers from about two dozen agencies responded to the shooting. Yet despite at least seven investigations launched after the massacre, only about a dozen officers have been fired, suspended or retired.

    One of those, Texas Ranger Christopher Ryan Kindell, was reinstated in August after fighting his termination.

    This post was originally published on ProPublica.

  • ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up for Dispatches, a newsletter that spotlights wrongdoing around the country, to receive our stories in your inbox every week. This story was co-published with the Tow Center for Digital Journalism and Floodlight, a nonprofit newsroom that investigates the powerful interests stalling climate action.

    Word tends to spread fast in rural Knox County, Ohio. But misinformation has spread faster.

    The first article in the Mount Vernon News last fall about a planned solar farm simply noted that residents were “expressing their concern.” But soon the county’s only newspaper was packed with stories about solar energy that almost uniformly criticized the project and quoted its opponents.

    Then a new “grassroots” organization materialized and invited locals to an elaborate event billed as a town hall, with a keynote speaker who denied that humans cause climate change.

    Someone sent text messages to residents urging them to “stop the solar invasion” and elect two county commission candidates who opposed the solar farm. And one day this past March, residents received an unfamiliar newspaper that contained only articles attacking Frasier Solar, a large project that would replace hundreds of acres of corn and soybeans with the equivalent of 630 football fields of solar panels.

    To many in the deep-red central Ohio community, it seemed that solar had become the focus of news and politics. They were right. Fossil fuel interests were secretly working to shape the conversation in Knox County.

    Rural Knox County, Ohio, is home to extensive farmland and has deep ties to the gas industry.

    Each cog in the anti-solar machine — the opposition group, the texts, the newspaper, the energy publication — was linked to the others through finances and overlapping agendas, an investigation by Floodlight, ProPublica and The Tow Center for Digital Journalism found.

    The campaign against solar power benefited from a confluence of two powerful forces funded by oil and gas interests. A former executive at Ariel Corporation, the county’s largest employer and one of the world’s biggest manufacturers of methane gas compressors, was working behind the scenes. And helping in a more public way is the Mount Vernon News, a newspaper now in the hands of Metric Media, which operates websites that reportedly engage in pay-to-play coverage.

    Ariel and the former executive did not respond to requests for comment. Metric Media’s leader did not answer questions for this story; he has previously denied that his news outlets are partisan.

    Across the country, the oil and gas industry and power companies have exploited a struggling news industry and a fraught political process to fight the transition to clean energy and maximize profits, Floodlight and its partners have reported. In Florida, two power companies paid a consulting firm to hire newspapers to attack a pro-solar politician. In Alabama, the state’s largest monopoly electric company purchased a historic Black newspaper, then didn’t write about soaring power bills. In California, Chevron launched its own newsroom when other papers shuttered; it doesn’t cover itself critically.

    In Mount Vernon, a city of 17,000 where the local university named its new sports complex CH4 after the chemical formula for methane, a variety of tactics have been deployed simultaneously, creating an anti-solar echo chamber.

    First image: Mount Vernon Nazarene University’s CH4 Stadium was partially funded by Ariel Foundation, the philanthropic arm of Ariel Corporation, one of the world’s biggest manufacturers of methane gas compressors. Second image: A plaque on the stadium explains that, like the chemical bonds in methane, the bond between the university and Ariel is strong.

    Residents are bombarded with dubious claims: Solar panels are toxic. Their construction depletes the soil and floods fields and depresses home values. China is using them to invade. The campaign has stoked their skepticism and ignited their passions. It intensified the debate in a conservative county that prizes its roots in the gas industry.

    Bright yellow “No Industrial Solar” yard signs have sprung up everywhere, competing with a smattering of green “Yes Solar” ones. Citizens packed local government meetings. More than 4,000 public comments, both for and against, were filed with the state regulator that will decide if the solar project can be built — triple the number for any previous solar project in Ohio. And all those opinions have drowned out the voices of the nine landowners, mostly farmers, who’ve signed leases with Frasier’s developer and for whom a total of about $60 million is at stake.

    “People are so radicalized and they’re not thinking clearly,” said Rich Piar, a third-generation farmer who hopes to secure his financial future by leasing a portion of his 1,650 acres to Open Road Renewables, the Texas-based company developing the Frasier Solar project.

    The Yellowbud Solar project in Pickaway County, Ohio, shown in 2022, became operational last year. It is about 90 miles southwest of Knox County. (Dan Gearino/Inside Climate News)

    Politicians who didn’t forcefully denounce the solar project were attacked in Mount Vernon News stories. Thom Collier, a long-serving Republican on the county commission who thinks landowners should be able to choose whether to use their property for solar infrastructure, ultimately lost his reelection bid after a barrage of misleading coverage about his stance on solar.

    “I pin this on one or two people from Ariel and some close friends that they have,” Collier said of the anti-solar offensive. “They determined it didn’t matter how much money it would take, they were going to fight this and make it ugly, and they have.”

    “They Want Everybody to Buy Gas”

    Just 20 days after Knox Smart Development was registered as an LLC in Ohio, the anti-solar group hosted a town hall at a historic Georgian revival theater in Mount Vernon with 1,000 red velvet seats. Attendees were offered free food and alcohol.

    The November 2023 event centered on a presentation from Steve Goreham, who argues global warming is natural and who is the author of several books, including “The Mad, Mad, Mad World of Climatism: Mankind and Climate Change Mania.”

    “When I think of a town hall meeting, I think of a meeting where everybody from the community can go, everybody has their say. That’s not how their meeting was,” said Kathy Gamble, who said organizers only reluctantly agreed to let her in. She’s pro-solar and not quiet about it.

    The town hall established Knox Smart Development as a leading voice against the Frasier Solar project. The group calls itself a simple grassroots defender of Knox County.

    It isn’t.

    The man who registered the group as a business — and who is its sole member and spokesperson — was an Ariel Corporation employee two decades ago and remained an acquaintance of a top executive there, Tom Rastin. The group’s website was owned for a time by a woman working as an executive assistant at Ariel.

    And one of Knox Smart Development’s larger funders is Rastin, a Republican megadonor and a retired executive vice president at Ariel, according to records and sworn testimony. Rastin’s father-in-law founded Ariel and, until recently, Rastin and his wife, Karen Buchwald Wright, led the company. Wright is still the chairman, and her son operates it now. Rastin and Wright did not respond to questions for this story.

    The group’s founder, Jared Yost, said in an email that Rastin has not tried to steer its activism. “As a local resident, I believe he should be allowed to donate to whatever cause he aligns with, regardless of his former employment, and to state otherwise is to suggest Mr. Rastin should be censored,” Yost wrote in an email. He said the group relies on volunteers and “our intentions are genuine.”

    He added: “The oil and gas industry is not involved in our fight.”

    Ariel Corporation expanded in 2017, adding a training center for employees and customers near its headquarters in Mount Vernon, Ohio.

    The town hall event headliner, Goreham, said he appeared as a favor to Rastin and Wright. In 2019, he had dinner with the couple when Goreham and his wife were passing through town from Illinois on a road trip to their second home in Virginia Beach. Goreham said that he and Rastin connected over their mutual feelings on the benefits of gas. He said he was glad to accept the invitation to speak at the anti-Frasier Solar event.

    “First off, it’s in his county there. Mount Vernon is his city where he lives and where they are based,” said Goreham. “They’re pretty much opposed to renewables and they want everybody to buy gas. That’s their business.”

    Goreham says he wasn’t paid to speak, but Wright bought 200 copies of his latest book, “Green Breakdown: The Coming Renewable Energy Failure,” which warns about a net-zero-emissions agenda that will cause energy grids to fail. Local officials were given copies of the book that included a personal note from Wright: “Hello! Given the significant misinformation surrounding solar and wind arrays, I bought you this book that really lays out the facts.” She signed the note “Karen Wright, Chairman — Ariel Corporation.”

    Shortly after the group was formed, Knox Smart Development’s “No Solar” ads became a fixture on the Mount Vernon News website and in the paper.

    “You Believe People”

    The Mount Vernon News had been owned by the same family since 1939, and for decades it chronicled local doings from city council meetings to the county fair.

    At its height in the early 2000s, before newspapers started hemorrhaging advertising revenue and readers, the News employed about 15 full-time local reporters. An orange Maine coon cat named Scoop roamed the newsroom.

    But by 2020, the News was barely hanging on. Its reporters were still using clunky 20-year-old computers. The back wall of the building was falling down and needed $250,000 in repairs. Kay Culbertson, who owned both the paper and the building, said that she knew it was time to sell. Paying for the repairs would be impossible; even making payroll was a stretch.

    First image: The former Mount Vernon News building, home to the paper since 1939, sits empty. Second image: The paper’s new owners opened an office in the Woodward Opera House, a historic downtown building that the Ariel Foundation helped renovate.

    An acquaintance of Culberston’s connected her with Metric Media, part of an eight-company network operating more than 1,100 online local news sites. These sites have been described by media researchers and journalists as “pink slime,” named for a filler in processed meat. The final product looks natural, but it’s been tampered with.

    A Syracuse University researcher concluded in a journal article published in February that sites like Metric’s “that seem like original news outlets and that appeal to local identity are filling the void” left by the decline of local news. And The Washington Post reported last year that Republican campaigns requested customized news stories that appeared on Metric-owned sites.

    Both conservative and liberal pink slime sites exist. But Metric is run by Brian Timpone, an Illinois-based former broadcast reporter who has contributed tens of thousands of dollars to conservative campaigns and causes. Timpone’s ventures have been criticized for using foreign-based writers to produce material. Some also have been accused of plagiarism and fabricating quotes. Timpone has blamed the problems on foreign writers providing content, and he apologized to readers.

    Metric Media’s nonprofit arm has received $1.4 million “for general operations” from DonorsTrust, a dark-money group that has received significant funding from Charles and David Koch, who made their billions in oil pipelines and refineries. The eight-company network that Metric is part of also has ties to conservative billionaires, including oil-and-gas-industry titan Tim Dunn, shipping magnate Richard Uihlein and PayPal co-founder Peter Thiel. (Political groups that organize as nonprofits do not have to disclose donors, which is why they’re called “dark money.”)

    DonorsTrust CEO and President Lawson R. Bader said in an email that the organization makes about 4,000 grants a year and that it does not dictate how those donations are spent.

    Timpone responded to a request for an interview by writing, “We at the Mount Vernon News are now also working on a story — about Pro Publica and Floodlight’s efforts to promote taxpayer-funded ‘solar energy’ businesses in Central Ohio.” He did not respond to detailed questions.

    But in interviews, he has said his business keeps local news alive when many outlets are scaling back or shutting down. Timpone told the Deseret News in Utah that his sites have no political leaning and are “data-driven and fact-centric.”

    Research and news investigations have found that Timpone’s publications tend to champion conservative causes and politicians; they often are linked to mysterious newspapers distributed during key elections.

    Culbertson and assistant publisher Liz Lutwick said in an interview that they knew little about Metric Media before the sale. But the company’s promises sounded good and, Lutwick said, “You believe people.”

    “They were going to keep everything the same for a while. Lo and behold, they didn’t,” Culbertson said.

    Metric paid at least $1 million for the Mount Vernon News, the first time it had purchased an established news organization printing a local paper. When the new owners visited the paper after the sale, they told the staff they’d stop printing every day and would no longer provide benefits; instead, employees would become contractors. Half the staff quit on the spot.

    “It was awful. You feel like you’ve betrayed people,” Culbertson said.

    “We Call It the Solar Times”

    Today, the Mount Vernon News only publishes once a week and has no local reporters or photographers.

    “It’s obvious when you read the stories, either they’re AI-generated or they’re written by somebody who’s sitting in an office in Chicago who has never been here,” said Bill Davis, a sports editor who said he worked at the paper from 2010 to 2019.

    Since Metric took over, only 11% of stories credited the work to authors working for Metric or its sister companies. Most of what it publishes are press releases or content submitted by companies and community groups, according to an analysis by the Tow Center, ProPublica and Floodlight.

    After the sale, residents said they could no longer get timely obituaries — people were buried by the time funeral announcements were published — but they could read a lot about endangered farmland and concerns that the sun’s reflection off solar panels could blind nearby pilots.

    Even Mount Vernon’s mayor, who was once a sports reporter at the paper, said he stopped reading it. Tanner Salyers, a former Mount Vernon city council member who now oversees public safety for the city, said quality dropped after the sale. “Then Frasier kicked up and they were like, ‘No more news.’ We call it the Solar Times.”

    Over the last 12 months, the paper has published at least 52 online news stories on solar energy — 42 of them about the Frasier proposal, the analysis found. Of the 40 print editions published this year, 17 have featured front-page stories about solar. And though the paper has occasionally run a pro-solar letter to the editor, nearly all of the stories slanted anti-solar, according to an analysis of coverage by Floodlight, ProPublica and the Tow Center.

    The paper began publishing a weekly opinion column called “Afternoon TEA” — TEA being an acronym for The Empowerment Alliance, a dark-money gas advocacy group Rastin leads.

    The columns extolled the superiority of gas as a fuel source.

    It isn’t clear if The Empowerment Alliance paid the Mount Vernon News to run the “Afternoon TEA” columns. But tax filings show that since 2020 The Empowerment Alliance has spent at least $6.3 million on a “public education campaign,” which included publishing “Afternoon TEA.” The goal was to promote “the importance of natural gas to the economy and national energy independence.”

    One of The Empowerment Alliance’s stated goals is “fighting the nonsense of turning corn fields into solar fields.” It has financed online advertisements attacking President Joe Biden’s energy policies and spearheaded an Ohio bill that defined gas as a “green” fuel source.

    Half of the Frasier stories published in the Mount Vernon News over the past year have mentioned Knox Smart Development, the anti-solar group linked to Rastin. Articles often quoted people or cited work from a Koch-backed think tank, The Buckeye Institute, but did not interview Frasier or farmers willing to lease land to it.

    The Buckeye Institute is part of the State Policy Network, a group of think tanks that has received millions in funding from organizations connected to the Koch family. Rastin’s wife has served as a director on the State Policy Network board, and in 2019 she gave it $700,000, according to a tax record that typically would’ve been redacted but was posted to a government site.

    The Mount Vernon News and pro-gas political groups also were working to influence local elections. The text messages that boosted anti-solar candidates were from a conservative Ohio PAC tied to a group that ran a pro-gas campaign.

    And, leading up to the primary, a newspaper called the Ohio Energy Reporter was mailed to Knox County homes. The 8-page paper reprinted several Mount Vernon News stories on solar and featured other articles with headlines including “Ohio’s coming ‘solar trash wave’” and “Could the Texas Power Crisis happen in Ohio?”

    A summer issue of the Mount Vernon News on the floor of the paper’s business office, where one local employee now works. There are no local reporters or photographers.

    The publication did not disclose its owners. The Floodlight, ProPublica and Tow Center investigation used source code from the website, its IP address and business mailing addresses to confirm that it is a product of the wider Metric Media network.

    The stories the Mount Vernon News published began undermining politicians who were seen as insufficiently anti-solar and boosting the profiles of solar power’s outspoken critics.

    In one article, the News accused Mount Vernon Mayor Matthew Starr of bowing to “energy activists” and pledging to try to remove natural gas from the city. It was not true. Starr was furious and asked the editors to take down the article, but they would not.

    And in nearly a dozen stories that mentioned Collier, the county commissioner who was later ousted, the paper consistently misused a comment he’d given about newly placed solar panels at the county jail to falsely insinuate he supported the Frasier project.

    Collier was never interviewed for those stories. Yet the paper ran a story devoted entirely to anti-solar commissioner candidate Drenda Keesee, a megachurch pastor who’d never run for office before; the article said she had “emerged as a vocal opponent of solar projects encroaching on the community.” Keesee, whose property would border a portion of the solar site, was the only source in the story.

    She won the primary against Collier and is unopposed in the November general election.

    Drenda Keesee, right, is a pastor at Faith Life Church and a candidate for a seat on the Knox County Commission. Keesee, who’s running on an anti-solar platform, attended a Ohio Power Siting Board hearing in Columbus in August. “You Can’t Eat Solar Panels”

    For the community, the debate over solar has been passionate and persistent. What it hasn’t always been is civil. Yard signs have been stolen. Insults hurled. Middle fingers extended. Friendships frayed.

    “Other than solar, we don’t have any problems with each other,” said Kathy Gamble, who runs the pro-solar group Knox County For Responsible Solar.

    Many people in the community say they don’t view the debate through the lens of climate science or fossil fuels; they care about land rights and preserving rural life. Members of Preserve Knox County, an anti-solar group with several members whose land borders the proposed solar arrays, said they worry the solar project will scare off the sandhill cranes and bald eagles that visit their backyards.

    Many members are distrustful of Biden’s renewable energy initiatives; they are staunch supporters of former President Donald Trump, who questions the scientific consensus that the climate is undergoing dangerous changes. They also don’t trust the solar developer’s promises to plant enough trees to block the panels from view. And they don’t want to lose the farmland that gives the area its agricultural identity.

    “You can’t eat solar panels,” said Jim Boeshart, whose home would be adjacent to solar arrays.

    Keith Strait, a farmer who lives not far from Boeshart, agreed: “Let’s face it,” he said, pointing at the ground, “They’re not making any more of this. There will be a time when there won’t be any farm left. Where’re you going to get your food from?”

    Keith Strait, a farmer in Knox County, said, “I don’t like it,” of the solar proposal. “They’re taking away a lot of farm ground.” Knox County residents Connie and Jim Boeshart, who live next to property where solar panels would be built if the Frasier Solar project is approved, attend an Ohio Power Siting Board hearing in August. Rich Piar stands near his cornfield in Knox County.

    The farmers who want to lease their land feel their voices have been lost in the debate. For them, a 40-year land contract with Frasier Solar would be steady income. One farmer said he could make four times as much money per acre leasing to the solar project as he’d make renting to another farmer.

    Rich Piar, the third-generation farmer, is looking to the solar panels as a retirement plan. He said he has no one to take over the operation when he retires, and he doesn’t think anyone should dictate what he does with his land or when he stops farming.

    “Most farmers’ exit strategy is their health,” Piar said. “I don’t want to have that kind of predetermined exit strategy.” He went to one of the public meetings about Frasier but said it was so packed he didn’t get to speak until almost midnight.

    In August, the Ohio Power Siting Board, which will rule on whether the project can be built, held a final hearing to accept evidence from both sides. One of the attorneys who spoke on behalf of a farmer who is leasing land for the project was from the Sabin Center for Climate Change Law at Columbia University. (The Tow Center also is based at Columbia, but its work is separate.)

    Frasier lawyers cross-examined Knox Smart Development spokesperson Jared Yost at the hearing, where he testified that Rastin, the retired Ariel executive, was one of the group’s biggest donors. To Open Road Renewables’ vice president of development, Craig Adair, the confirmation pierced the veil.

    First image: Jared Yost, founder of Knox Smart Development, testifies in August during an Ohio Power Siting Board hearing about his group’s opposition to the Frasier Solar project. Second image: Craig Adair, vice president of development at Open Road Renewables, the company developing the Frasier project, testifies at the hearing.

    Everything changed, Adair said in an interview, “when The Empowerment Alliance decided to use its vast financial resources” to shape the debate in Knox County and in the Mount Vernon News.

    The News published two stories on the hearing but did not mention the public admission of Knox Smart Development’s ties to Rastin, the Ariel Corporation and The Empowerment Alliance.

    The board’s decision is likely to take months.

    In the meantime, construction has started at the old Mount Vernon News building, which is being turned into an academic hub for a local university. The building will be named after Rastin’s stepson, a former president of Ariel Corporation.

    This post was originally published on ProPublica.

  • Hundreds of thousands of Texas families have been waiting months for the state to process their Medicaid applications. The median processing time is 79 days despite a federal requirement to do so in 45 days. We’ve heard from families who say they could not access critical care during that time, such as not being able to afford to reset their child’s broken nose. Health care providers have reported patients struggling to get lifesaving heart surgeries.

    The delays worsened after the federal government lifted pandemic-era protections last year. Our reporting shows that Texas rushed through the process, removing more than 900,000 children not because they were ineligible, but for procedural reasons like their families failing to fill out a form.

    The backlog for food benefits is not much better. The state most recently reported having nearly 97,000 applications to process for the Supplemental Nutrition Assistance Program, or SNAP — often referred to as food stamps — and said that the median time it took was 33 days.

    We are committed to reporting on long-standing issues with Texas’ social safety net and their root causes. We need help from those who know the delays firsthand and the harm they may cause: the families who rely on and are currently waiting for benefits. We want to show any failures to the people who are responsible for overseeing these systems — lawmakers, advocates, even the federal government — and explain where the state may be falling short of its obligations.

    Please fill out the form below if:

    • You’ve been waiting more than a month to hear about your Medicaid or SNAP application and have faced medical or financial consequences.
    • You’ve worked with the state and can help us understand the reasons behind the persistent backlog, including IT glitches, staffing issues and funding shortages related to Medicaid or SNAP.
    • You help people apply for benefits, or you are a health care worker or other expert with insight on this issue.

    Filling out the form is the best way to get in touch, but we understand that life gets busy and sharing details of your situation may be easier to do with a reporter by phone. Please indicate on the form below if that is what you’d prefer.

    You can also call 602-848-9609 and leave us a voice message with your name, phone number and the best time to get in touch. We may call and ask you these same questions. The call should take about 10 minutes.

    We appreciate you sharing your story, and we take your privacy seriously. We are gathering these stories for the purposes of our reporting and will contact you if we wish to publish any part.

    If you would prefer to use Signal, an encrypted messaging app, see our advice at propublica.org/tips/#signal. You can also email our reporting team.

    This post was originally published on ProPublica.

  • This article is co-published with The Texas Tribune, a nonprofit, nonpartisan local newsroom that informs and engages with Texans. Sign up for The Brief Weekly to get up to speed on their essential coverage of Texas issues.

    For three years during the coronavirus pandemic, the federal government gave Texas and other states billions of dollars in exchange for their promise not to exacerbate the public health crisis by kicking people off Medicaid.

    When that agreement ended last year, Texas moved swiftly, kicking off more people faster than any other state.

    Officials acknowledged some errors after they stripped Medicaid coverage from more than 2 million people, most of them children. Some people who believe they were wrongly removed are desperately trying to get back on the state and federally funded health care program, adding to a backlog of more than 200,000 applicants. A ProPublica and Texas Tribune review of dozens of public and private records, including memos, emails and legislative hearings, clearly shows that those and other mistakes were preventable and foreshadowed in persistent warnings from the federal government, whistleblowers and advocates.

    Texas’ zealousness in removing people from Medicaid was a choice that contradicted federal guidelines from the start. That decision was devastating in Texas, which already insures a smaller percentage of its population through Medicaid than almost any other state and is one of 10 that never expanded eligibility after the passage of the Affordable Care Act.

    “The difference in how Texas approached this compared to a lot of other states is and was very striking. It wanted everybody off, anybody extra off, even though we knew that meant that state systems would buckle under the pressure,” said Erin O’Malley, a senior policy analyst with Every Texan, a left-leaning statewide advocacy group.

    Medicaid rolls swelled nationally during the pandemic, with tens of millions of people added to the program and no one removed. In Texas, the number of people receiving Medicaid benefits grew by more than 50%, to 6 million. When the federal government stopped requiring continuous coverage in April 2023, states had to determine who was no longer eligible.

    The question wasn’t whether to remove people but instead how to do it in a way that caused the least disruption and ensured those who qualified stayed on.

    To that end, the federal Centers for Medicare and Medicaid Services advised states to proceed slowly and rely heavily on existing government data to automatically renew eligible residents, steps the agency believed would prevent poor families from wrongly losing coverage. Congress gave states a year for the so-called “Medicaid unwinding.”

    But Texas opted for speed, launching reviews of about 4.6 million cases in the first six months. It also decided against the more vigorous use of automatic renewals urged by the federal government, forcing nearly everyone to resubmit documents proving they qualified. Nearly 1.4 million of those who lost coverage were disenrolled for bureaucratic reasons like failing to return a form or completing one incorrectly, not because they weren’t eligible.

    The decision to buck federal government guidelines was one of many that led to serious repercussions for Texas residents who rely on the program.

    Among them were children forced to forgo or postpone lifesaving operations such as heart surgeries, said Dr. Kimberly Avila Edwards, an Austin pediatrician and Texas representative for the American Academy of Pediatrics. Children with severe diseases such as sickle cell anemia, as well as those with neurodevelopmental delays and autism, also unnecessarily lost critical care.

    One of her colleagues treated a boy with a rare heart condition who lost Medicaid coverage in January after his parents failed to sign a form that even his caseworker was not aware the family needed to complete.

    The boy’s parents couldn’t afford his $6,000 monthly pulmonary hypertension medication, nor could they pay for an ultrasound that would help determine whether he could survive without the drugs, said Avila Edwards, who declined to identify him because of medical privacy laws.

    “If we have children who are less healthy, who are unable to get the preventative care they need for their chronic medical conditions, that fundamentally should raise concern for all of us,” she said.

    The boy was eventually reenrolled in Medicaid after Texas pediatricians persuaded the state health agency to restore his coverage, Avila Edwards said.

    Thomas Vasquez, a spokesperson for the Texas Health and Human Services Commission, acknowledged that the agency “learned many lessons” and is working to improve eligibility processes. HHSC representatives defended the rollout, saying that the agency conducted community outreach and hired more than 2,200 employees.

    Texas’ approach to the Medicaid unwinding reflected the state’s long-standing conservative ideology regarding the government-subsidized program, said Simon Haeder, an associate professor at Texas A&M University’s School of Public Health.

    As attorney general more than a decade ago, Gov. Greg Abbott helped lead a successful lawsuit against the federal government to ensure states didn’t have to cover more residents under Medicaid as part of the Affordable Care Act. Since then, Abbott and state lawmakers have continued to severely limit the program to mostly children, pregnant women and disabled adults. Poor adults aren’t typically eligible for Medicaid unless they have children. Parents of two kids must earn a combined income of less than $285 monthly to qualify for coverage.

    A spokesperson for Abbott declined an interview on his behalf and did not respond to a request for comment on the state’s handling of the unwinding.

    Texas’ stance during the unwinding, Haeder said, was, “We don’t do anything illegal, but we want to get our program as fast as we can down to what it was before the pandemic.”

    Ignored Warnings

    It was inevitable that the COVID-19 public health emergency would eventually end, as would the prohibition against pushing people off the rolls. Federal officials worried about the effects of the unwinding on vulnerable Americans almost from the start. In fact, the Biden administration repeatedly extended the emergency declaration, even after the peak of the crisis, to maintain safeguards that included keeping millions of low-income people on Medicaid.

    Once the emergency officially ended in April 2023, states were free to cull their rolls. In preparation, federal officials advised states not to review more than 11% of their caseloads each month, cautioning that moving more quickly could overwhelm their systems and lead to the wrongful removal of eligible people.

    But that was guidance, not a requirement, and Texas chose a far more aggressive plan.

    In the first month of the unwinding, the state started the review process for about a million cases, or 17% of its caseload.

    The federal government in May 2023 pressed Texas on why the state was moving so quickly. State officials downplayed the concerns, writing in an email obtained by the news organizations that they were frontloading people who most likely no longer qualified and were reviewing entire households at once.

    Within the first four months of the unwinding, the state dropped more than 600,000 people from Medicaid. The vast majority were removed not because the state determined they were no longer eligible but for reasons such as failing to provide the proper documents in time.

    That July, U.S. Health and Human Services Secretary Xavier Becerra called on Texas and other states to increase the number of eligible people they automatically renewed with existing government data. He warned in a letter that his agency would take action against states that were not complying.

    In the same week, a group of employees anonymously emailed HHSC Executive Commissioner Cecile Young and media organizations, claiming senior management had alerted them that tens of thousands of people had improperly lost Medicaid due to the agency’s poor handling of the unwinding. Young’s chief of staff responded in an email that she couldn’t address the allegations of unidentified whistleblowers.

    Texas alerted the federal government days later that it had erroneously dropped nearly 100,000 people, according to records obtained by the news organizations.

    In August 2023, CMS once again implored the state to stop requiring eligible people to resubmit paperwork proving they still qualified. The federal agency said it appeared that many people didn’t know they needed to reenroll, didn’t understand the forms or faced obstacles in submitting the required information.

    Other states that had taken a similar approach, such as Pennsylvania and Maine, made significant changes. Not Texas.

    The state agency flagged to CMS last September that more than 30,000 kids lost their coverage, even though most of them should have been moved from Medicaid to the Children’s Health Insurance Program, according to emails the news organizations obtained through the state’s Public Information Act.

    State officials later told the news organizations that 95,000 people had been wrongly removed, instead of close to 130,000, as originally reported to CMS. Asked why the figures had decreased, a spokesperson said the agency “provided approximate numbers as we worked to resolve the issue.” Agency representatives said the state quickly reinstated coverage and implemented changes to prevent further improper denials. They did not provide specifics.

    Alarmed by the deluge of disenrollments, advocacy groups, health providers and newspaper editorial boards began calling on the state last summer to pause the unwinding and ensure people were not incorrectly losing coverage. It did not do so.

    In October, after Texas had already disenrolled more than 1.2 million people, the state gave about 400,000 people who likely qualified for Medicaid an extra month to submit paperwork, according to an agency spokesperson.

    Still, problems persisted.

    In December, Becerra appealed directly to Abbott and eight other governors of states with the highest shares of children who had lost coverage. Texas accounted for nearly a quarter of all children in the U.S. who had lost Medicaid or CHIP during the unwinding, Becerra wrote. He again urged the state to employ a series of actions, including automatically renewing eligible people.

    Without providing details, Becerra said the federal government would not hesitate to take action against states that did not comply with federal requirements.

    “A One-Two Punch”

    Three months later, Micaela Hoops’ children lost the government-subsidized health insurance for which they had qualified their entire lives. After years of not having to renew their Medicaid coverage under the pandemic rules, the 37-year-old North Texas mother said she was confused about when she was required to reapply and missed the deadline to provide proof of the family’s income.

    Hoops sifts through paperwork from the Texas Health and Human Services Commission at her home in Sherman, Texas. (Danielle Villasana for ProPublica and The Texas Tribune)

    In other states, the kids might have been automatically renewed using other government information, like quarterly payroll data reported by employers to the state or federal tax records. Instead, Hoops had to frantically reapply seven days after the coverage lapsed in March, submitting 24 pay statements for her husband’s weekly wages as a marketing director for a real estate company. This put the family at the back of a monthslong waiting list.

    During that time, Hoops, a stay-at-home mom who homeschools the children, had to take her eldest son to the emergency room for a debilitating migraine. The visit came with a $3,000 bill that she and her husband could not pay. A few months later, the 14-year-old broke his nose while playing with his brother on a trampoline. She paid a few hundred dollars out of pocket for the doctor but couldn’t afford the CT scan required to reset his nose.

    More than 100 days after Hoops reapplied, the state restored her children’s coverage retroactively. She hopes Medicaid will cover the hospital visit, but her son’s nose remains crooked.

    “My children didn’t deserve to go without insurance,” Hoops said. “They’re kids. They have medical emergencies, things happen, and they deserve to be taken care of.”

    Coverage for Hoops’ children wasn’t restored until more than 100 days after she reapplied. (Danielle Villasana for ProPublica and the Texas Tribune)

    While Hoops’ children got their Medicaid back, some families that believe they wrongly lost Medicaid are still waiting after being forced to reapply. Texas’ median processing time for Medicaid applications is almost three months, according to a recent agency briefing obtained by the news organizations. This exceeds the federal limit of 45 days for most cases.

    The sudden suspension of health insurance for a population the size of New Mexico has had additional ramifications in Texas, including higher treatment costs for hospitals and clinics forced to take on more uninsured patients.

    Texas Children’s Hospital in Houston, the largest pediatric hospital in the country, laid off employees this year after significant budget shortfalls. A hospital spokesperson declined to comment, but, in a recent financial filing, the hospital attributed some of the challenges to losing Medicaid patients during the state’s unwinding process.

    Across the state, some safety net clinics reported a 30% decrease in Medicaid revenue due to the unwinding, said Jana Eubank, who heads the Texas Association of Community Health Centers. She said the extra costs added to challenges for the already financially strapped facilities.

    “Some centers are having to lay off staff. Some centers are furloughing staff,” Eubank said. “I’ve got a couple of CEOs that aren’t taking a salary right now. I’ve had centers that are unfortunately having to cut back certain services or extended hours, like behavioral health services, dental services, just because they can’t afford to continue to offer that care.”

    Separately, some families that were pushed off Medicaid are also waiting more than a month for food assistance because Texas uses the same eligibility system to process applications for both.

    San Antonio Food Bank CEO Eric Cooper said the nonprofit was crushed by demand this summer when families faced sudden medical bills, kids were out of school and the state had a backlog of more than 277,000 food stamp applications. The situation worsened when Texas declined to participate in a federal nutrition program, turning down an estimated $450 million that could have helped feed nearly 3.8 million poor children during the summer. HHSC officials said they could not get the program running in time.

    “It’s felt like a one-two punch, the double whammy,” Cooper said.

    “We haven’t really felt any relief since the Medicaid unwinding and the official end of the public health emergency,” he added. “It’s still an emergency. It’s still a crisis.”

    Federal Investigation

    In May, after Texas’ unwinding ended, the federal government launched an investigation into long waits faced by people who had applied for Medicaid coverage. Addressing these persistent delays was especially important because they affected eligible people who lost coverage in the past year, Sarah deLone, director of CMS’ Children and Adults Health Programs Group, wrote in a letter to the state.

    Former federal officials and health policy experts called the probe a significant step by the agency, which typically works with states behind the scenes.

    But CMS has few options to hold Texas accountable if it finds wrongdoing, said Joan Alker, executive director of the Center for Children and Families at Georgetown University in Washington, D.C. The Biden administration’s major enforcement tool is yanking federal funding, but that could cause low-income people to lose health insurance and invite a lawsuit from Texas, Alker said. And the investigation likely won’t go anywhere if Donald Trump wins in November, she said, since the former president previously encouraged states to restrict Medicaid access and promised to undo the Affordable Care Act entirely.

    CMS spokesperson Stephanie Rossy declined to comment directly on its investigation or on Texas’ handling of the unwinding. But in a statement she wrote that “states’ choices have real consequences for eligible people’s ability to stay covered.”

    Texas officials also declined to discuss the probe, but in a letter to the federal agency two weeks after the May investigation announcement, the state’s Medicaid director, Emily Zalkovsky, acknowledged that Texas experienced “severe operational and systems challenges” during the unwinding.

    Although the federal probe was welcomed by advocacy groups, as well as some health care providers and Texas families, it’s unlikely to immediately help eligible people who lost Medicaid during the unwinding and are waiting to get back on.

    While Hoops’ children have regained coverage, she believes that what her family endured reflects state leaders’ attitudes toward low-income people.

    “Maybe they didn’t realize they were making cruel decisions,” she said. Still, she feels like the state’s mentality is basically, “Well, you just shouldn’t be dependent on us.”

    Caught in Texas’ Medicaid and Food Stamp Application Backlog? Know Someone Who Is? Help Us Report.

    This post was originally published on ProPublica.

  • Annie Kelly reports from a conference in Albania where Afghan women have spoken publicly about the Taliban’s brutal crackdown on their freedom

    In August, the Taliban published “vice and virtue” laws that banned women’s voices being heard in public. Weeks later, more than 130 women travelled to Tirana in Albania to attend the All Afghan Women summit to talk about the Taliban’s human rights abuses.

    The Guardian reporter Annie Kelly spoke to Afghan women at the conference about how their lives had changed since the Taliban took control.

    Continue reading…

    This post was originally published on Human rights | The Guardian.

  • ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

    For headline-grabbing drama, few Supreme Court decisions could equal the justices’ July ruling that former presidents are immune from criminal prosecution for virtually all of their official acts. But a decision in the seemingly humdrum realm of administrative law could end up having far broader consequences, affecting vast areas of American life by slashing the power of federal regulatory agencies that police pollution, food safety, health care and countless other aspects of modern society.

    Lower court judges have already cited the Supreme Court’s 6-3 decision, in a case known as Loper Bright, to halt implementation of Biden administration rules on overtime pay and health care discrimination. In the past three months, Loper Bright also has been invoked to challenge regulations on everything from hidden airline fees to gun sales to abortion referrals.

    Justice Neil Gorsuch, who was part of the conservative majority in Loper Bright, described it as placing “a tombstone” on a doctrine that had existed for 40 years. That doctrine, known as Chevron deference, was named after the 1984 Supreme Court case in which it emerged, and it offered an answer to a recurring question: What happens when Congress passes a law granting power to a federal agency but fails to precisely define the boundaries of that power?

    In such situations, the doctrine of Chevron deference instructed federal judges to rely on the interpretations made by federal agencies, as long as those interpretations were reasonable, since agencies typically have greater expertise in their subject areas than judges. The Loper Bright decision erased that, commanding federal judges to “exercise their independent judgment in deciding whether an agency has acted within its statutory authority.”

    Dissenting, Justice Elena Kagan noted that federal courts had cited Chevron deference 18,000 times, making it “part of the warp and woof of modern government, supporting regulatory efforts of all kinds — to name a few, keeping air and water clean, food and drugs safe, and financial markets honest.” She warned of “large-scale disruption.”

    Legal experts view Loper Bright as a major transfer of power from agencies to judges. “You have incredibly technical areas of law for which the U.S. Supreme Court in Loper Bright has now paved a path for individual judges, or panels of three judges, to make decisions without having the technical expertise,” said Sanne Knudsen, a professor at the University of Washington School of Law, whose scholarship on deference doctrines has been cited by the Supreme Court.

    Critics of the Chevron doctrine argued that letting agencies make legal interpretations led to constant uncertainty, with each presidential administration appointing new agency leaders who theoretically could change their interpretation of the law. But critics of the Loper Bright ruling counter that the same risk exists today — at the hands of judges rather than regulators.

    Dan Weiner, director for elections and government at the Brennan Center for Justice, sees Loper Bright as the capstone of a series of recent Supreme Court rulings that limit agency power. Weiner called it the “culmination of a broader project to just cut the legs out from under government as we’ve known it since the New Deal.”

    In theory, Congress could respond by writing more detailed legislation when it comes to federal agency power. But in the current political landscape, Knudsen said, that’s unlikely. As she put it, “cases like Loper Bright put more power in the hands of individual judges to decide policy questions, taking them further from the hands of the experts that Congress has otherwise delegated power to.”

    Loper Bright has been celebrated by foes of regulation. The decision “gives us the thunder and lightning we need to beat back the aggressive anti-gun agenda of the rogue Biden Administration,” Gun Owners of America exulted in a press release after the ruling.

    The advocacy group Democracy Forward counted 110 federal cases in which parties or judges have cited Loper Bright as of Sept. 6 — and that figure will only rise in the coming months and years. Here are some of the most consequential pending cases.

    Labor Who is eligible for overtime pay?

    It took only hours for the decision to ripple into a lower court. On June 28, the day Loper Bright was announced, a federal judge in Texas issued a preliminary injunction against a new Department of Labor rule expanding eligibility for overtime pay. The judge blocked the rule from being enforced against the state of Texas as an employer, explaining that his decision “carefully follows Loper Bright’s controlling guidance.”

    Among other things, the regulation seeks to prevent employers from deeming someone an “executive,” and thus exempt from overtime pay, if that person’s salary is below $43,888 (or below $58,656 next year). “Too often, lower-paid salaried workers are doing the same job as their hourly counterparts but are spending more time away from their families for no additional pay,” acting Secretary of Labor Julie Su said when the regulation was announced in April. “That is unacceptable.”

    Texas challenged the rule, arguing the DOL had exceeded the authority granted by Congress in the Fair Labor Standards Act; the judge wrote that he expects to reach a final decision “in a matter of months.”

    Health Care Does Obamacare protect transgender people from discrimination?

    On July 3, three federal judges in different states, all citing Loper Bright, issued orders blocking implementation of a new rule from the Department of Health and Human Services that would prohibit discrimination in health care based on gender identity.

    Mary Rouvelas, legal advocacy director for the American Cancer Society’s Cancer Action Network, said her group had supported the regulation because “nondiscrimination is critical for LGBTQ individuals, who suffer a disproportionate cancer burden.” However, the rule had become “a political football” amid debates over gender affirming care, Rouvelas said, and under Loper Bright federal judges no longer had to defer to HHS’ determination that gender identity is protected under the Affordable Care Act, which prohibits discrimination “on the basis of sex” but does not use the phrase “gender identity.”

    Fifteen states sued in Mississippi federal court, arguing that HHS overstepped its authority. The states claimed the rule would force them to “use taxpayer funds to pay for unproven and costly gender-transition interventions through Medicaid and state health plans — even for children who may suffer irreversible harms.” District Judge Louis Guirola Jr. issued a nationwide injunction against the rule. The case will continue while the regulation is on hold, as will similar cases in Texas and Florida.

    Transportation Can a federal agency force airlines to reveal fees?

    The Department of Transportation issued a rule in April that requires airlines to, in the words of Secretary Pete Buttigieg, “inform you, before you buy a ticket, of fees they will charge you.” The rule specifies that baggage, change and cancellation fees must be disclosed the first time an airline quotes a price to a customer. At present, according to DOT court filings, “surprise costs” cause consumers to “overpay by half a billion dollars annually.”

    In May, a group of airlines sued to stop the rule, claiming that the DOT exceeded its authority. According to the airlines, the agency can order them to halt unfair or deceptive practices after they’ve occurred, but it cannot tell them what their practices should be going forward. The airlines sought a stay. The DOT counters that its new regulation is based on “well-established” legal authority.

    On July 1 — the Monday following the Friday issuance of the Loper Bright ruling — lawyers for the airlines cited the case, telling the 5th U.S. Circuit Court of Appeals that “resolving this statutory-interpretation issue is a task for this Court, especially because, with Chevron overruled, only courts have ‘the power to authoritatively interpret the statute.’”

    At the end of July, a panel of three 5th Circuit judges stayed the rule, concluding that the airlines had “made a strong showing that the Rule exceeds the agency’s authority.” They placed the case on an expedited path toward a final determination of whether the rule should be struck down.

    Employment Can the FTC ban agreements that prohibit employees from joining a rival company?

    In April, after six years of study, the Federal Trade Commission issued a rule banning noncompete agreements, which restrict workers from accepting employment with competitors for a period of time after leaving their current jobs. The FTC determined the rule was needed because such contracts impair “the fundamental freedom of workers to change jobs,” harm innovation and are “often exploitative.” Of the more than 26,000 comments the agency had received about the proposed ban, over 25,000 were supportive, the FTC said. A group of plaintiffs that includes the U.S. Chamber of Commerce filed suit in federal court in Texas, arguing the FTC had exceeded its authority.

    On Aug. 20, citing Loper Bright, the judge in this case agreed with the plaintiffs and issued a final order that set aside the ban on noncompetes, declaring that the FTC had “promulgated the Non-Compete Rule in excess of its statutory authority.” The Chamber of Commerce called it a “significant win” in the group’s “fight against government micromanagement of business decisions.” An FTC spokesperson told ProPublica that the agency is “seriously considering a potential appeal” and added that the “decision does not prevent the FTC from addressing noncompetes through case-by-base enforcement actions.”

    Guns Can the government require background checks for firearms sold at gun shows?

    In April, the Bureau of Alcohol, Tobacco, Firearms and Explosives issued a rule that would close a loophole through which guns are sold without background checks online and at gun shows. Attorney General Merrick Garland called it “one of the most significant gun regulations in decades.” Under the rule, he said: “It does not matter if guns are sold on the internet, at a gun show or at a brick-and-mortar store. If someone sells a gun predominantly to earn a profit, they must be licensed, and they must conduct a background check to ensure that the buyer is not barred by law from having a gun.”

    In May, 21 states sued to block the regulation in federal court in Arkansas. The complaint noted that the Supreme Court would soon be hearing arguments in Loper Bright and contended the ATF had exceeded its authority in adopting the rule.

    Another group of plaintiffs filed suit in the Northern District of Texas, also seeking to block the ATF rule. Those plaintiffs include the states of Texas, Louisiana, Mississippi and Utah, as well as Gun Owners of America, which has called the rule “tyrannical.” On June 11, weeks before Loper Bright was decided, the judge in the Texas case, Matthew Kacsmaryk, issued a preliminary injunction banning enforcement of the rule against any of the plaintiffs in the Texas case. Kacsmaryk based his decision in part on his belief that the plaintiffs would likely succeed in proving, in further proceedings, that the ATF had exceeded its authority. The Justice Department appealed the preliminary injunction to the 5th Circuit.

    On July 10, less than two weeks after the Loper Bright decision, the judge in Arkansas went the opposite direction from the judge in Texas, denying the request from the 21 other states that he block the ATF rule closing the gun-show loophole. In doing this, the Arkansas judge cited a passage in Loper Bright that he views as supporting the ATF’s authority to close the loophole.

    Much remains to be argued in the Texas and Arkansas lawsuits; both injunction rulings are being appealed on multiple grounds. But the Arkansas judge’s use of Loper Bright to support an agency’s authority to regulate highlights the still-unsettled nature of the high court’s pronouncements in Loper Bright. As the U.S. Chamber of Commerce noted, there is a need for lower courts to “interpret” certain aspects of the decision going forward.

    Abortion Can federal aid for family planning be withheld from states that prohibit abortion?

    In 2021, HHS issued a rule related to Title X grants, which have existed since 1970 and are intended to fund family planning programs. This rule, as described by the 6th U.S. Circuit Court of Appeals, requires states receiving Title X grants to “provide neutral, nondirective counseling and referrals for abortions to patients who request it.” Tennessee had received Title X grants for more than 50 years. But after the Supreme Court overturned Roe v. Wade in 2022, Tennessee banned abortions with exceptions only to “prevent the death of the pregnant woman or prevent serious risk of substantial and irreversible impairment of a major bodily function.” Tennessee said it would provide counseling and referrals only for abortions that are legal in the state. In response, HHS ended Tennessee’s Title X funding. The state sued, seeking an injunction to prevent the grant from ending and claiming that HHS exceeded its authority by requiring unbiased abortion counseling and referrals as a condition for Title X aid.

    Just a year earlier, the 6th Circuit, in a similar case, had ruled that HHS did have the statutory authority to condition Title X funding in this manner. In doing so, the 6th Circuit relied on Chevron deference, finding that the new HHS regulation was based on a reasonable interpretation of this ambiguous statute. (The appeals court also cited a second precedent, a Supreme Court decision from 1991 that applied Chevron deference to the same Title X issue.)

    Given the end of Chevron deference, should the 6th Circuit’s 2023 decision upholding HHS’ abortion counseling and referral rule be stripped of any precedential effect? Tennessee certainly thought so. But two judges from the 6th Circuit disagreed, pointing to a line in Loper Bright that says “we do not call into question prior cases that relied on the Chevron framework.” Therefore, the 6th Circuit reasoned, its 2023 precedent upholding HHS’ rule had withstood the death of Chevron deference and, as a result, the injunction requested by Tennessee was unwarranted. One judge on the 6th Circuit’s three-judge panel disagreed, however, citing different passages from Loper Bright to reach the opposite conclusion. The case is now continuing in the Tennessee district court where it was originally filed.

    Taxes Can the FTC stop a tax-preparation company from making misleading claims?

    In January, after an investigation prompted by ProPublica’s reporting, the FTC concluded that Intuit, the maker of TurboTax, used deceptive advertising to lure customers into paying for tax preparation services when they were eligible to file for free under a program sponsored by the government. Purchases by such customers generated roughly $1 billion in revenue for Intuit and other tax prep companies in 2019 alone, according to a government audit.

    The FTC ordered Intuit to cease and desist from making any misleading “free” claims in its advertising. In response, Intuit appealed the FTC’s ruling to the 5th Circuit and asserted that Loper Bright had strengthened its argument for jettisoning the decision. “Whatever ‘deference’ the FTC claimed its interpretation of the FTC Act was due did not survive the Supreme Court’s intervening holding,” lawyers for the company wrote.

    Intuit is also citing a recent Supreme Court decision that found the Securities and Exchange Commission can’t bring certain kinds of suits before its own administrative law judges; Intuit argues the decision, which focused on a securities fraud case in which civil penalties were sought, should apply to the FTC, too. The FTC disagrees, arguing that its action, originally brought before an FTC administrative law judge, is different from the relevant SEC action. For example, no civil penalties were involved in the action against Intuit. In a sign of how much rides on the outcome in this appeal, amicus briefs have been filed on both sides by a group of more than 20 states; numerous consumer advocate groups, including Public Citizen and the Consumer Federation of America; business groups like the U.S. Chamber of Commerce and the National Federation of Independent Business; and the libertarian Cato Institute.

    Immigration Can a judge review the revocation of an immigrant’s opportunity for citizenship by marriage?

    During the Supreme Court’s next term, it will hear a case involving the intricate rules for becoming a U.S. citizen through marriage. The case, Bouarfa v. Mayorkas, asks the justices to consider a very specific scenario, in which a Palestinian national married a U.S. citizen named Amina Bouarfa, who then petitioned to make her new husband eligible for citizenship through marriage. The United States Citizenship and Immigration Services approved Bouarfa’s petition but then, two years later, revoked that approval, saying the couple’s union had been “a sham marriage” for “the purpose of evading immigration laws.” The question in this case is whether that revocation is subject to judicial review.

    The case also reveals an unexpected potential consequence of the Loper Bright ruling. It’s typically perceived as a victory for conservative foes of regulation, but liberals may be able to use the ruling to their advantage in certain areas. For example, in the realm of immigration, conservatives typically want more vigorous federal regulation. But in this case, liberal advocates of immigration reform are attempting to use Loper Bright to check the power of an immigration agency. “We’ll see whether the people who advanced Loper Bright might end up having a little bit of buyer’s remorse,” Weiner, of the Brennan Center for Justice, said.

    Advocates for immigration reform have filed an amicus brief that supports Bouarfa’s right to judicial review by citing passages from Loper Bright. In addition, lawyers for Bouarfa have cited another major administrative law ruling last term from the Supreme Court’s conservative majority, Corner Post v. Board of Governors of the Federal Reserve, which greatly expanded the possibilities for suing federal agencies. That ruling led dissenting Justice Ketanji Brown Jackson to warn that the “tsunami of lawsuits against agencies that the Court’s holding in this case and Loper Bright have authorized has the potential to devastate the functioning of the Federal Government.”

    It’s too early to say whether a legal tsunami is coming, but with the Supreme Court set to open its new term in two weeks, it’s clear that a wave is already growing.

    Eli Sanders won the 2012 Pulitzer Prize for feature writing and is a recent law school graduate.

    This post was originally published on ProPublica.

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    In the spring of 2021, Minnesota Gov. Tim Walz faced multiple crises.

    The trial of former Minneapolis police officer Derek Chauvin for the murder of George Floyd was coming to a close. As the one-year anniversary of Floyd’s death approached, authorities were preparing for the kind of unrest that had damaged or destroyed long stretches of the city in 2020. Meanwhile, a package of police reform bills was stalled in the divided Minnesota state Legislature.

    Then, on April 11, 2021, a police officer shot and killed 20-year-old Daunte Wright during a traffic stop in the northern Minneapolis suburb of Brooklyn Center, touching off a fresh round of protests, clashes with the police, and criticism of Walz after he sent in hundreds of officers and armored vehicles that had been readied in anticipation of the trial’s aftermath.

    In the midst of all this, Walz still saw an opening to bring police reform to Minnesota and provide a national model for systemic change. He feared the 2021 session would be his last, best chance to do so. But he told the Rev. Jesse Jackson, who made repeated trips to Minneapolis during the upheaval after Floyd’s death, that local politics were getting in the way.

    “I wish I could report more on our progress,” Walz told Jackson in a call transcribed by a staff member. “Both you and President Obama mentioned that Minnesota should be the state that could get this right. That’s a responsibility that we have in Minnesota.”

    A transcript of a conversation that Gov. Tim Walz and the Rev. Jesse Jackson had the day before the first anniversary of George Floyd’s murder. (Document obtained by Tony Webster, screenshot highlighted by ProPublica)

    The clamorous close of the 2021 legislative session, and Walz’s role in trying to enact police reform in response to the police killings of Floyd and Wright, plays out in a cache of thousands of internal emails from the Walz administration obtained by ProPublica and the Minnesota Reformer. The emails were requested that summer by independent journalist Tony Webster, but the administration only recently finished turning them over. Webster shared them with the news organizations.

    Though the emails are limited, covering about 11 weeks from April to June 2021, they provide a closer, more detailed look at how Walz tried to leverage his influence on the legislative process. They reveal a politician who seems to be a careful listener in one-on-one conversations with grieving mothers and Black activists, freely giving out his personal cellphone number and invitations to the governor’s mansion.

    And they show how Walz struggled to balance the need for order in the streets against his credibility with activist allies, while simultaneously trying to bridge the ideological divide between progressives in his party and pro-law-enforcement conservatives.

    “He likes being liked,” former state Rep. Patrick Garofalo, a Republican, said of how Walz operates. “He’s thinking about political survival, and it’s nothing more complicated than that. The guy’s not an ideologue.”

    Since Vice President Kamala Harris selected Walz to be her running mate, the governor has rocketed to national prominence, praised by Democrats for his progressive “Midwestern dad” image while labeled a “dangerously liberal extremist” who wants to defund the police by Harris’ opponent, former President Donald Trump. Walz has never advocated defunding the police.

    The Trump campaign has also tried to cast Walz’s response to the 2020 unrest as weak and ineffectual, despite the fact that, at the time, Trump praised Walz for deploying the National Guard, calling it a “beautiful thing to watch.”

    In the end, Walz emerged from the 2021 special legislative session with a compromise bill on police reform that seemingly satisfied no one. For some Democrats, it didn’t go far enough. Many called the bill a disappointment. Some Republicans felt it went too far. The next year, facing reelection, Walz received no major law enforcement endorsements.

    “He is not a radical,” said Michelle Phelps, a University of Minnesota sociology professor and author of “The Minneapolis Reckoning.” “He is, I think, a sort of a vanguard of what a more progressive, but still centrist, liberal Democratic wing of the party could look like.”

    In response to questions, Teddy Tschann, a spokesperson for Walz, said in a statement that the governor “is committed to bringing people with different views and backgrounds together to find common ground and get things done.”

    After Wright was killed, as demonstrations escalated outside the Brooklyn Center police station, texts streamed into Walz’s phone.

    “Can you please get those cops out of there and send in the national guard?” one Democratic lawmaker texted him.

    That night residents, protesters and journalists in Brooklyn Center met with members of Operation Safety Net, an aggressive coalition of Minnesota National Guard soldiers, state troopers and local police who used tear gas and flash-bangs to clear the streets. A prominent union leader texted Walz less than 24 hours later: “Escalating with tanks and national guard is not helping. You can calm the situation, but this isn’t the way.”

    An attorney representing 30 national and local media organizations would later write to Walz with a detailed list of documented abuses the group said journalists were subjected to at the hands of law enforcement, warning that the state agencies under Walz’s control seemed to have no regard for the First Amendment.

    Despite renewed tension and unrest, emails from Walz staffers document his outreach to members of Black activist groups and the families of people killed by police in Minnesota. On April 20, the day a jury found Chauvin guilty of murdering Floyd, Walz staff logged phone conversations with the Floyd family, the Rev. Al Sharpton and former President Barack Obama. In one phone conversation on the anniversary of Floyd’s death — a day on which Walz called for 9 minutes and 29 seconds of silence acknowledging the length of time Chauvin pressed his knee into Floyd’s neck — Walz reflected on his own “inherent racial bias.”

    “I wanted to be thoughtful and be intentional around race and the murder of George Floyd. I am trying to learn this year,” he said, according to a staffer’s transcript of a call with the leader of a local foundation. “If it takes a village to raise a child, it takes a lot of villages to raise a governor.”

    Walz speaks at a press conference in 2021 during a stretch of days in which he was working with the National Guard to quell unrest in the streets and reaching out to Black activist groups. (Stephen Maturen/Getty Images)

    With Walz, some advocates felt acknowledged in a way that was initially refreshing.

    “The governor looked me in my eyes and said, ‘John, I need you to get me some legislation,’” said Johnathon McClellan, president of the Minnesota Justice Coalition, a racial equity nonprofit that advocates for social justice reform. “He understood the protests. He understood what the people were asking for.”

    Walz received a flood of advice and opinions on what the next legislative steps should be, some from less-expected entities. The Minnesota Business Partnership, a group representing the CEOs of companies like 3M and Cargill as well as other business leaders, urged Walz to advocate for training policy changes and measures to make it harder to hire police officers who’d engaged in misconduct, while stressing that the group was broadly pro-law enforcement.

    “Minnesota’s reputation matters,” said Charlie Weaver, the partnership’s executive director at the time. “If we had a reputation as a hostile environment for minority workers, that’s a big problem for our large companies.”

    The Walz administration leapt at the chance to arrange a meeting between lawmakers and Weaver, a former chief of staff for Republican Gov. Tim Pawlenty. “We need their help pushing key issues in the Senate,” wrote one policy adviser.

    But the leadership of the Republican-controlled Senate criticized broader reform efforts as “anti-police.” Behind the scenes, according to an internal memo, the Senate agreed to just three of the dozens of proposals the Democrat-controlled House had advanced and Walz had supported.

    “I wasn’t going to take things that I knew would hinder a good police officer from doing their job, and also hinder us from getting quality police in the future,” said then-Senate majority leader Paul Gazelka in an interview.

    In response, Walz brokered a meeting between Gazelka and Families Supporting Families Against Police Violence. The group’s founder, Toshira Garraway, lost her fiance in 2009 after he was chased by the St. Paul police and later found dead in a bin at a recycling facility. She wanted to advocate for a bill eliminating the statute of limitations on wrongful death suits against police. (Garraway did not respond to requests for comment.) Gazelka said that the request for the meeting, coming straight from Walz, was unusual.

    “I certainly was willing to do that, and did listen to them,” Gazelka said.

    That meeting took place on June 3, 2021, the same day that a U.S. Marshals Service task force shot and killed Winston Smith Jr. in a parking garage in Minneapolis while trying to arrest him on an outstanding warrant. Walz’s office once again put the National Guard on notice and made repeated requests to the Biden administration to address its role in the incident and ease pressure on local authorities.

    “DOJ in DC is a hard ‘no’ on doing a press conference,” staffers wrote in the days after Smith’s death. A spokesperson for the Department of Justice declined to comment.

    Walz couldn’t avoid blowback, even from prominent local activists with whom he shared a cordial relationship. A letter sent by Nekima Levy Armstrong, a civil rights attorney and the founder of the Racial Justice Network who was in contact with the administration throughout the spring, demanded that Walz create an independent entity to investigate Smith’s death, criticizing the Minnesota Bureau of Criminal Apprehension as hopelessly biased. Staff from both Walz’s office and the Minnesota Department of Public Safety wrote a draft of a response that said the BCA, which investigates incidents where police kill people, had the administration’s “utmost trust and confidence.” Although Levy Armstrong could not confirm that she got the reply, the BCA retained control of the case.

    Protests over Smith’s death continued until a drunk driver plowed into a group of demonstrators, killing one woman and injuring others. The next day, on June 14, the Minnesota Legislature entered a special session with no movement on police reform and the threat of a government shutdown looming over negotiations. Roughly 38,000 potential layoff notices had already been sent to state employees, and Walz and Senate and House lawmakers had two and a half weeks to come to an agreement. Republicans were particularly eager to pass a bill that would end Walz’s COVID-19-era emergency powers.

    “It was very nerve-wracking,” said House Speaker Melissa Hortman, a Democrat. “There were two pressures coming for a shutdown: the Republicans were interested in shutting down the government if the governor didn’t give up his emergency powers. My caucus was interested in shutting down the government if we didn’t have some public safety reforms.”

    After the first day of the special session, Walz staffers noted that Senate Republicans had “retracted policy concessions” and seemed “withdrawn from negotiations.” Around the same time, Walz policy advisers were also doing damage control after sending an email that erroneously announced that the Minnesota Justice Coalition and Families Supporting Families Against Police Violence had pared down their list of desired legislation from nine bills to four, prompting an angry press release from the groups: “WE WANT TO MAKE IT CRYSTAL CLEAR THAT WE MADE NO SUCH AGREEMENT.” Kristin Beckmann, then Walz’s deputy chief of staff, admonished the policy advisers for speaking out of turn.

    “This is a major set back in that trust. It’s really frustrating,” she wrote. Beckmann did not respond to requests for comment.

    In a June 7, 2021, email, Walz’s then-deputy chief of staff admonished other members of his team for how they described the policy positions of activists Walz was trying to build a relationship with. (Document obtained by Tony Webster, screenshot highlighted by ProPublica)

    The emails end in mid-June with Walz’s schedulers batting away invitations and meetings to allow for all-day negotiation sessions while staffers tried to craft messaging for increasingly anxious state employees. “We’re getting a lot of internal pushback that we haven’t been able to provide enough information,” one state communications worker wrote.

    Reform advocates had been urging Walz for weeks to take a hard-line stance during the final budget negotiations, even allowing the government to shut down to force more sweeping changes. But the governor made it clear that was a line he would not cross, according to staff notes on the conversations.

    Walz said that he “had concerns over shutting down the government and that this hurts many of the people the administration is trying to help. He said he was hopeful on a few items passing this year,” according to the summation of a phone call with McClellan, the president of the Minnesota Justice Coalition. “He made it clear it was unlikely that everything he’s pushing for will pass.”

    A conversation transcribed by staff shows Johnathon McClellan, president of Minnesota Justice Coalition, urging Walz to allow a government shutdown to force more concessions on police reform policy from Republicans. (Document obtained by Tony Webster, screenshot highlighted by ProPublica)

    The notes proved prophetic. Three days before the deadline, Walz, Gazelka and Hortman announced a deal. The final bill included new restrictions on no-knock warrants, a law requiring 911 operators to alert mental health crisis teams under certain circumstances, and the creation of a kind of warrant that doesn’t require police to take suspects into custody. The package also included salary increases for state law enforcement, money for body cameras and enhanced penalties for the attempted murder of officers.

    Through an executive action, Walz also directed state law enforcement agencies to turn over body camera footage from deadly police encounters to the affected families within five days.

    Garraway’s bill to eliminate the statute of limitations on wrongful death suits against the police hit the cutting room floor, as did bills that would disallow police from making a number of equipment-related traffic stops, like ones for expired registration tags, and a bill that would form a civilian oversight board. In an interview with The Washington Post, Walz said he felt he’d “failed” Garraway.

    At the end of one of Walz’s last press conferences that session, Jaylani Hussein, the executive director of the Minnesota chapter of the Council on American-Islamic Relations and one of the people the Walz administration had kept in close contact with that spring, pushed through reporters to ask Walz to veto the compromise bill, saying it actually provided more cover for police. Walz, looking tired, listened, addressed Hussein by his first name and said he would not veto the bill.

    “This is the challenge of democracy,” Walz said. “There are going to be a lot of people in this moment [who] see this as not acceptable. I understand that.”

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    Before her fifth birthday, Rainy had experienced a lifetime of trauma. As an infant, she witnessed violence at home before child welfare authorities intervened and her parents were incarcerated. Night terrors followed. Then, she endured the death of her great uncle who had taken on the role of dad.

    She didn’t speak until she was nearly 5. Any separation from her great aunt-turned-adoptive mother, Lisa Enas, triggered panic attacks, and reminders of her great uncle’s death left her nearly inconsolable.

    With counseling, however, Rainy, now age 7, with a long, thick braid and a bright smile, grew more joyful and independent. She could hold conversations and spend time away from Enas without panicking. She was selected for her school’s gifted and talented program. Home life on the Gila River Indian Community in Arizona, where her bedroom walls were lined with stuffed animals and family photos, steadied.

    But that progress came to a halt last October, after a spiraling Medicaid scandal that targeted thousands of Native Americans exploded into public view.

    Arizona officials announced they were investigating a massive fraud scheme in which people had been lured into fake substance abuse treatment programs, where providers exorbitantly billed Medicaid for treatments they did not deliver. Some were alleged to have kidnapped patients and held them against their will. The fraud has cost the state as much as $2.5 billion since 2019, state officials said.

    In response, the Arizona Health Care Cost Containment System, or AHCCCS, terminated contracts with scores of facilities as authorities investigated them. The agency also swiftly suspended Medicaid reimbursements to hundreds of other providers that it accused mostly of overbilling or paperwork errors. Among those suspended was Desert Rain Behavioral Health Services, the Tempe provider that was treating Rainy and 260 other patients, all insured by the state Medicaid agency’s American Indian Health Program.

    AHCCCS accused Desert Rain of overbilling and failing to have the license needed to treat children — allegations that the clinic would eventually resolve, but not before its ability to care for patients was disrupted.

    When AHCCCS launched its investigation, officials said their top priority was the safety of patients like Rainy. Yet even as the agency says it considered whether people would lose behavioral health services before it took action, its efforts left hundreds without treatment or counseling, the Arizona Center for Investigative Reporting and ProPublica have found.

    The agency told the very behavioral health providers it accused of fraud that it was their responsibility to ensure patients continued to receive treatment, despite halting their reimbursements. Some closed. Others scaled back services or paid out of their own pocket while they challenged the allegations against them.

    For patients, the state established a hotline to connect them to treatment, housing or transportation back to their communities. But it too has fallen short in addressing the fallout from the crisis.

    AHCCCS said it had no record of what happened to the majority of the hotline’s 11,400 callers, largely because after six months it stopped tracking outcomes for people who did not stay in a hotel at the state’s expense. Of 4,100 people who received temporary lodging after calling the hotline, the state said only about 150 requested referrals to behavioral health centers. According to call data obtained by the news organizations, more than 575 ended up unsheltered, increasing their chances of relapse or even death.

    In an interview, Marcus Johnson, AHCCCS’ deputy director of community engagement and regulatory affairs, said AHCCCS conducted outreach to make sure patients knew about the hotline. Yet advocates say far more people were unaware of the hotline or could not call it because they did not have phones.

    “There’s always opportunity for us as an agency to improve,” Johnson said. “But like I said, we’ve done a great amount of outreach to try to get the word out as much as possible, not only to victims and our members, but also to all of the providers.”

    Enas, Rainy’s adoptive mother, said no one ever told her about it as she struggled to find counseling for her daughter. (AZCIR and ProPublica are identifying Rainy, who does not share a last name with Enas, by her nickname to protect her privacy.)

    Enas braids Rainy’s hair at the family home on the Gila River Indian Community.

    Thirty behavioral health providers that AHCCCS has accused of fraud since the spring of 2023 have been cleared to again receive Medicaid reimbursements, though the agency cautioned providers that it could pursue further actions against them amid ongoing investigations. Most reached settlement agreements or proposed corrective action plans, according to records provided to the news organizations by AHCCCS.

    Desert Rain, however, was among a handful of providers that did not have to compensate the state or rectify their practice, according to documents. After a four-month suspension, Desert Rain was informed in a February letter that it could resume receiving payments from the state because it had addressed the accusations.

    AZCIR and ProPublica spoke to six of the 30 facilities that had their suspensions lifted. The suspensions, delayed payments and enhanced billing requirements resulting from the state crackdown have jeopardized their ability to stay in business, they said. Almost everyone who operated behavioral health facilities and spoke to the news organizations asked to remain anonymous out of concern they would be targeted by AHCCCS for criticizing the agency.

    AHCCCS has maintained that its actions were necessary and appropriate to ensure bad actors could no longer exploit Medicaid. It also told the news organizations that it is always willing to help patients find providers.

    Desert Rain owner Alexis James said that since the clinic was cleared, the state has largely denied or not processed its claims for patients insured by the American Indian Health Program. As a result, she is unable to serve her former patients. She said she is concerned many people from the Gila River Indian Community — and other Indigenous communities — have gone months without treatment because so many facilities have shut down or are not accepting new American Indian Health Program patients due to financial uncertainty.

    “There are no providers available to see these clients who are higher risk, who are suicidal, who are high trauma,” James said. “What makes me so angry is it’s not anyone but the Indigenous population.”

    Enas said she recognizes the state had to stem the widespread fraud but regrets it came at such a high cost. Rainy regressed without counseling, while Enas unsuccessfully sought help from AHCCCS and the local hospital.

    The grief Rainy was learning to manage now overwhelms her more frequently. On a recent afternoon, within a matter of minutes, Rainy turned from chattering happily about her school day to sobbing as she looked over a favorite photo collage of her late adoptive father.

    Enas comforts Rainy.

    “I miss him so much,” Rainy cried. “Why did he have to die when I was 3?”

    Enas held Rainy until the wave of sadness eventually passed. When they sat down at the dinner table, where Rainy announced she was joining the school color guard, Enas looked on with a mixture of pride, exhaustion and worry.

    “I need to know, who is gonna actually help me?” Enas said. “Who’s going to actually listen to me? Who’s going to help my child? Because I’m fighting for her.”

    A Crisis Goes Undetected

    As early as 2020, state data showed a spike in billings for behavioral health care covered by the American Indian Health Program.

    AHCCCS’ contracts with managed care organizations, like Mercy Care and UnitedHealthcare, use fixed rates for Medicaid reimbursement. But the American Indian Health Program — available only to American Indians and Alaska Natives — was different. Federal requirements led AHCCCS to structure the program under a “fee-for-service” model, which allowed health clinics and other providers to set their own rates and directly bill the agency. It also broadened access in areas not served by the network of insurance companies for a population that has historically faced significant barriers to health care. But it left the program vulnerable to fraud, experts say, much like other fee-for-service plans offered at the federal level.

    “It was a claims shop,” AHCCCS’ Johnson said, noting the plan lacked safeguards used by managed care organizations to prevent waste, fraud and abuse.

    One behavioral health clinic collected more than $200,000 a day on average through the American Indian Health Program, according to an audit of AHCCCS. The flood of cash spurred predatory recruitment of new Native American patients from across the country just as the federal government’s COVID-19 public health emergency allowed Medicaid programs to relax enrollment and screening requirements.

    Will Humble, a former director of the Arizona Department of Health Services, said AHCCCS’ failure to monitor its management of Medicaid billing and reimbursements allowed the American Indian Health Program to “completely detonate.”

    A view of neighbors’ houses from Enas and Rainy’s family home on the Gila River Indian Community

    Reva Stewart, a community advocate in Phoenix who is Navajo, was, in the fall of 2022, among the first to sound the alarm on social media about providers’ recruitment efforts in the city and on reservations. For months, she had observed white vans pull up to city parks in search of new patients. She learned fraudulent providers were also sending vans to reservations across Arizona, New Mexico and Montana in search of patients.

    Newly elected Gov. Katie Hobbs announced an initial wave of provider suspensions in May 2023. As the agency continued reviewing billing records for irregularities, more followed. Community members, patients and employees of licensed behavioral health providers had alerted authorities to the suspected fraud, said AHCCCS Director Carmen Heredia.

    When suspended providers ignored the agency’s calls to ensure ongoing care, the agency said it sent demand letters and threatened legal action. AHCCCS has not pursued any provider for failing to transition patients’ care, saying it hasn’t needed to take that step.

    “When our legal office has reached out to providers in this situation, they have complied,” Johnson said. “They have worked with us to transition care for their members.”

    Thousands Call Asking for Help

    State housing officials warned AHCCCS leadership nearly a year before it began suspending providers that reforms could trigger a surge in homelessness, according to emails reviewed by AZCIR and ProPublica. Indeed, many people faced homelessness as the state suspended behavioral health payments because some unscrupulous providers had housed patients just so they could bill for them, advocates say.

    Patients in the roughly 25 suspended facilities outside the Phoenix area had few options for assistance once AHCCCS took action; the state hotline’s offer of temporary housing was limited to three hotels in the metro area.

    Stewart said the state’s response has been inadequate for such a massive crisis that has rendered people homeless. She and other advocates, organized under the name Stolen People, Stolen Benefits, regularly traverse the Phoenix metro area with meals and sanitary kits to assist unhoused people who haven’t been helped. Many contact her directly.

    Raquel Moody, who is from the Fort Apache Reservation in northeastern Arizona, recounted how at the height of the crisis she bounced from one fraudulent treatment home to the next. She had achieved sobriety in the past, before relapsing, and such treatment programs had helped her, including Another Level of Community Service, which served people just released from prison. (Another Level of Community Service is one of the 30 behavioral health providers that had its suspension lifted by AHCCCS after a monthslong investigation.)

    From December 2022 to the end of 2023, Moody spent time in more than a half-dozen programs in the Phoenix area that promised, but never provided, treatment. Soon after arriving at each new facility, she realized legitimate treatment classes would not be offered. When she spoke up about it, the operators would kick her out.

    Not only was there no treatment, she said, but lax operators made it more challenging to get sober. The owners of one facility downplayed her complaint that alcohol was being consumed in the house, claiming the drinking wasn’t harming other residents. They asked her to leave. Once, providers left her for days in an unfurnished home with nothing to do, which she described as a nightmare scenario for someone trying to overcome addiction.

    “Some of us, we were looking for the right programs,” she said. “But during this whole scheme and everything, it was really hard. It was really hard to get sober.”

    After the final home she was in was suspended in December 2023, no one from the state stepped in to help, she said.

    She’s now in recovery and conducts homeless outreach with Stewart.

    Desert Rain owner Alexis James “I’m Still Being Punished and Not Paid”

    Following Desert Rain’s suspension in September 2023, James, the clinic’s owner, said she continued serving patients for as long as she could.

    The clinic was roughly two years into treating Rainy, who had been diagnosed with prolonged grief, anxiety, attention-deficit/hyperactivity disorder and obsessive-compulsive disorder. It was a two-hour round trip to each appointment, but her progress made the drives worth it, Enas said.

    Desert Rain, which opened 13 years ago, was one of several clinics that AHCCCS accused of treating children without the necessary state health department license. The Medicaid agency also said the treatment center had billed for some patients after their deaths and overbilled for certain mental health assessments and rehabilitation services.

    As she fought the allegations, James laid off all but three of her 35 employees and coordinated with Gila River case managers to transfer most of the facility’s 260 patients to other providers. Many of the patients found that nearby facilities were also facing fraud allegations from the state and couldn’t treat them. James offered limited services at no cost to roughly half a dozen high-need clients, including Rainy.

    Nearly every provider who spoke with AZCIR and ProPublica and had resolved their fraud allegations said they tried to serve clients for as long as they could without Medicaid reimbursements. James said she almost went bankrupt. She drew on personal funds to cover Medicaid patients’ treatment and took out high-interest loans that left her in financial peril.

    State records show James cleared the allegations by providing evidence of an active license to work with kids and documentation explaining the handful of claims that were inadvertently submitted after a patient’s death during the height of the COVID-19 pandemic, when it often took days for word of a patient’s passing to reach outside the reservation’s hospital.

    The agency also imposed a moratorium on new provider enrollments and enacted administrative reforms that included capping reimbursement rates for intensive outpatient treatment, and fingerprinting and background checks for more behavioral health providers under contract with AHCCCS. The agency also adopted more stringent billing procedures and revamped its process for reviewing claims.

    Since the agency implemented the reforms, spending on American Indian Health Program services has declined by two-thirds, according to data released by AHCCCS in July.

    “While there is still work to be done, this data reflects that our efforts to combat fraud are working,” Heredia said in a news release. “We have transformed AHCCCS into a new agency that puts our members first, and always strives to get them the help they need.”

    This abrupt decrease in payments to providers also reflects the inability of patients like Rainy to get treatment.

    In February, AHCCCS paid Desert Rain more than $140,000 for care provided prior to the suspension. But the agency has not reimbursed the clinic for any services billed under the American Indian Health Program since its reinstatement, according to James.

    “I’m still being punished and not paid,” James said. “Essentially, we’re still suspended.”

    Records reviewed by AZCIR and ProPublica showed that AHCCCS repeatedly pressed the facility to submit additional documentation required for claims to be approved. The agency also arranged a meeting to discuss the billing process. AHCCCS did not respond to questions about the agency’s billing decisions.

    In a survey of 229 providers by the Arizona Behavioral Health Providers Association, an industry trade group, half of respondents reported anonymously this spring that they were close to shutting down due to issues with AHCCCS since the spring of 2023, including delayed reimbursements. Another 20% reported they had either already closed or were filing for bankruptcy. The data was presented to AHCCCS earlier this year.

    Lynn Janson, a co-founder and CEO of the treatment center Milestone Recovery, described to lawmakers this year how a suspension had threatened the business she and her husband opened in 2021 with help from their daughter, a licensed clinician. Janson’s son had struggled with a methamphetamine addiction, she said, and it had been difficult to find a treatment program that would help him address childhood trauma that fueled his drug use. She opened the business to fill that void for others.

    “My husband and I decided to move forward by creating a space focused on treating the trauma that is the root cause” of addiction, she said. “Fraud was never a motivating factor for us to enter this field.”

    This spring, the state lifted Milestone’s suspension.

    Twenty providers, not including Milestone, have filed notices of claim — precursors to lawsuits — against AHCCCS and state officials for wrongful suspension or termination. Four families have sued the Medicaid agency since April over the deaths of their loved ones while they were in the care of treatment centers. The state has denied culpability, saying state agencies, including AHCCCS, responded appropriately to past concerns about patient safety based on the information they had. AHCCCS declined to comment about the lawsuits.

    Rainy plays on the trampoline at her family home. “It’s Like She’s Never Even Been to Counseling”

    In April, James paused Rainy’s therapy altogether. She could no longer afford to provide counseling without reimbursement.

    When AHCCCS learned that James was no longer providing care to Rainy, the agency sent a message reminding her that agency policy prohibits providers from turning away patients based on their enrollment in the American Indian Health Program. James replied, saying that she and her staff wanted to accept new patient referrals but couldn’t without payment. She never heard back.

    To stay in business, James began accepting patients insured by plans other than the American Indian Health Program. Claims were promptly reviewed and reimbursed, James said, including by other Medicaid plans. Only AHCCCS’ American Indian Health Program has not reimbursed her claims.

    The transition to working with patients outside of the Gila River community was bittersweet, James said, especially knowing that many of her former patients like Rainy were still searching for reliable treatment. “When I hear about the constant need that is still going on out there, it’s just really frustrating,” she said.

    Enas said it has been painful to watch Rainy’s grief and trauma resurface over the past 10 months. She has tried her best to help Rainy process her emotions but said she isn’t equipped to address her daughter’s behavioral health challenges on her own.

    “It’s like she’s never even been to counseling,” she said.

    Rainy’s night terrors returned, with recurring dreams of her adoptive father dying. She continued to excel at school, but her teachers noticed worsening mood swings. On a visit to her adoptive father’s grave to bring him offerings of flowers and home-cooked food, Rainy lay by his headstone for hours, until dark. Unwilling to leave, Rainy cried and asked Enas how she could die so she could be with him again.

    Rainy places solar lamps on the grave of her adoptive father on the Gila River Indian Community.

    Enas tried everything she could think of to find care for her daughter. She contacted lawmakers, AHCCCS officials, health care administrators, school caseworkers and providers.

    At one point, a patient advocate with the Gila River hospital in Sacaton, on the reservation, encouraged Enas to disenroll Rainy from the American Indian Health Program. The idea was that by switching to insurance provided by managed care organizations, Enas and Rainy would avoid issues related to AHCCCS’ handling of the insurance plan.

    But changing her daughter’s insurance would be tedious and have broader repercussions. Enas would have to find a new allergist and primary care doctor because those providers, based on the reservation, accept only the American Indian Health Program. Switching back and forth also was not feasible when a single afternoon could involve juggling appointments or calls with multiple health care providers.

    “We shouldn’t have to switch our plans so that way our kids can get the service that they need. That’s not right,” she said.

    Enas and Rainy’s search has led back to where it began: Desert Rain. Recent income from privately insured patients has given James enough cushion to resume providing some services for free. In mid-August, Rainy returned for grief counseling sessions with James. Rainy’s other mental health disorders remain largely untreated.

    Desert Rain is the best place for Rainy, Enas said, but she doesn’t know how long the treatment will last.

    “Alexis is going to carry her for a little bit, and then she’s going to have to drop her again, because she’s not getting paid,” said Enas.

    “How can AHCCCS do this to these kids, do this to my child?”

    This post was originally published on ProPublica.

  • ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

    This story is part of a collaboration between FRONTLINE and ProPublica that includes an upcoming documentary.

    In late December, a 26-year-old construction worker in Sarasota County, Florida, used his phone to send a flurry of ominous online posts.

    Alexander Lightner, tapping away on his Samsung Galaxy, announced his intention to commit mass murder, according to federal court records. He used the coded language of a new breed of neo-Nazis who call themselves Accelerationists. Lightner wrote that he planned to become a “saint” — the term followers use for someone who advances their racist cause through lethal acts of terror — and to set a new “Highscore,” or death toll.

    Lightner launched what federal prosecutors allege were threats on Telegram, the sprawling, no-holds-barred platform that has become a hive for the movement. Accelerationists aim to speed the collapse of modern civilization and create a white ethno-state from the ashes of today’s democracies. Deep in the chatter of the platform’s roughly 900 million users, these extremists have created a constellation of Telegram channels where they encourage followers like Lightner to assassinate political leaders, sabotage power stations and railways, and commit mass murder.

    A week after firing off his alleged threats on Telegram, Lightner woke up from a nap at his home to his father’s shouts: “Whoa, whoa, whoa. What’s this? Are these people here for us?”

    Lightner threw an illegal, homemade silencer into a laundry basket, according to a summary of his interview with federal agents. Then he stepped into the sunlight. In his front yard, agents in camouflage and body armor pointed rifles at him. An armored vehicle faced his family home, its massive battering ram aimed at the front door.

    An FBI agent asked Lightner if he knew why federal agents were at his door.

    Lightner answered simply: “Telegram,” according to court records.

    FBI bodycam video shows Alexander Lightner’s arrest at his Florida home. (Obtained by ProPublica)

    Late last month, Telegram burst into the news with another arrest related to alleged criminal activity on the giant messaging and social media platform. This time, the man in police custody was the company’s founder, Pavel Durov. French authorities detained the Russian-born billionaire after his plane touched down at an airport a few miles north of Paris.

    French prosecutors issued preliminary charges against Durov last Wednesday related to alleged criminal activity on his platform. The allegations include organized fraud, drug trafficking and possession of pornographic images of minors, as well as refusal to cooperate with authorities, according to a press release by the Paris public prosecutor.

    David-Olivier Kaminski, a lawyer for Durov, could not be reached for comment. French news reports quoted him saying that it was “totally absurd to think that the person in charge of a social network could be implicated in criminal acts that don’t concern him, directly or indirectly.”

    The platform Durov created has long been both applauded and derided for its extreme commitment to free speech and for rebuffing inquiries from both U.S. and foreign law enforcement agencies, which have sought to gather information about alleged criminal activity on the platform.

    “They are exceedingly unhelpful,” said Rebecca Weiner, the New York Police Department’s deputy commissioner of intelligence and counterterrorism. Weiner, who oversees one of the world’s largest metropolitan counterterrorism units, said the platform was notable for “being a center of gravity for a wide range of extremist content” and for its “unwillingness to work with law enforcement.”

    Telegram’s ease of use, its huge public channels and the ability to encrypt private conversations have helped fuel its global appeal. Ukrainian President Volodymyr Zelensky used the app to rally his compatriots to repel the Russian invasion. Activists in Hong Kong turned to Telegram to organize demonstrations against a repressive law. In Belarus, pro-democracy forces used the platform to fight back against election fraud.

    But the platform has also served as the online home of the Russian mercenary company Wagner Group, which has posted gruesome videos of extrajudicial killings. In April, the British government targeted the Terrorgram Collective, a subset of Telegram users who promote racially and ethnically motivated terrorism to people like Lightner, making it a crime to support or belong to the group. And more recently, the service played a key role in fomenting the anti-immigrant riots that swept across the United Kingdom.

    ProPublica and FRONTLINE have been investigating Telegram’s role in a string of recent alleged far-right acts of sabotage and murder, and how the company’s inaction allowed extremists to plan and even advertise their crimes. Researchers have long warned that Telegram routinely allows extremists to share propaganda aimed at inciting violence, noting that the Islamic State group and al-Qaida were able to use the service for years with little interference.

    “Telegram plays a key role in the perpetuation of militant accelerationism,” said Michael Loadenthal, a research professor at the University of Cincinnati and director of the Prosecution Project, which tracks felony cases involving political violence in the U.S. The company, he said, “has shown that deplatforming violent and hateful content is not its priority.”

    Before Durov’s arrest, a Telegram spokesperson responded to questions from ProPublica and FRONTLINE in messages on the platform. The spokesperson said that the company bars users from calling for acts of violence, adding that moderators remove millions of pieces of harmful content from the platform every day. “As Telegram grows, it will continue to solve potential moderation problems with efficiency, innovation and respect for privacy and free speech,” the spokesperson, who used the name Remi Vaughn, said in the messages.

    Telegram CEO Pavel Durov in 2016 (Chris Ratcliffe/Bloomberg via Getty Images)

    Yet ProPublica and FRONTLINE found that Telegram today is the main nexus of far-right Accelerationist crime. Law enforcement agencies on both sides of the Atlantic have interrupted a series of criminal schemes, including:

    • In July, a Georgian man accused of leading an Accelerationist terror group was arrested in Europe for allegedly soliciting people to carry out murders and bombings in the U.S. Michail Chkhikvishvili allegedly used Telegram to communicate and distribute his group’s propaganda and is facing charges in New York. He is being held in Moldova pending extradition, according to Wired. ProPublica and FRONTLINE could not locate counsel for him.

    • The same month, federal prosecutors charged an Accelerationist named Andrew Takhistov with plotting to destroy an energy facility in New Jersey. They allege he used Telegram to incite racial violence and share a how-to guide for white supremacist terrorism that included instructions on the use of Mylar balloons and Molotov cocktails to damage power substations. An attorney for Takhistov did not respond to a request for comment.

    • In June, Manhattan prosecutors announced charges against Hayden Espinosa, accusing the Texas man of selling illegal guns and firearm components through a Telegram channel aimed at white supremacists and Accelerationists. Espinosa allegedly used a contraband phone to sell weapons and gun parts while incarcerated in federal prison. He has pleaded not guilty.

    • A judge in England recently sentenced a British man to eight years in prison for plotting to carry out a suicide bombing at a synagogue. According to the Crown Prosecution Service, 19-year-old Mason Reynolds was “the administrator of a Telegram channel which shared far right extremist, antisemitic and racist views, as well as manuals on bomb building and how to 3D print firearms.”

    • Brandon Russell, a former leader of the Atomwaffen Division, a now-defunct neo-Nazi group tied to five murders, was charged last year with planning an attack aimed at disabling the power system in Baltimore. Russell and a co-defendant, Sarah Beth Clendaniel, used Telegram to organize the sabotage scheme, according to prosecutors. Clendaniel has pleaded guilty; Russell faces trial later this year. Attorneys for the duo declined to comment.

    And then there is Lightner. U.S. prosecutors say in court filings that Lightner went to Telegram to discuss his plans to use a .308-caliber rifle to kill as many people as possible. He remains in jail awaiting trial on federal charges of making threats online and possessing an illegal silencer. He has pleaded not guilty. His attorney declined to comment.

    Before Lightner’s arrest, he told an agent from the Bureau of Alcohol, Tobacco, Firearms and Explosives that he was “blackout drunk” at the time of the posts, distraught over a bad breakup. “I was broken and really upset. And I went drinking, and then I did some stupid thing online,” he said, according to a recording of the conversation. He told other agents that he was not planning an act of violence but just wanted someone to notice him and care.

    Lightner told federal agents that he started using Telegram in 2015, about two years after the platform launched. The online service grew steadily over the next few years, with the majority of users coming from outside the U.S. Then in 2021, Telegram’s growth exploded after its rival WhatsApp announced a new privacy policy. Some users feared WhatsApp was poised to begin sharing their confidential messages with parent company Facebook, now called Meta. In a Telegram post, Durov boasted that his platform was experiencing “the largest digital migration in human history,” claiming that 25 million new users joined Telegram in 72 hours.

    That same month, in the U.S., Telegram got a bump in users when major social media platforms including Facebook and Twitter ousted former President Donald Trump and many of his most ardent supporters in the aftermath of the Jan. 6 insurrection. Today, Telegram is heavily favored by right-wing extremists, including QAnon followers, Proud Boys, militia members, and white supremacist groups like Patriot Front and the Active Clubs.

    Axel Neff, who helped start Telegram, said the company’s core team of about 60 employees, 30 of whom are engineers, is too small to monitor the platform for criminal conduct. “Think about the size of Telegram. There are about a billion users on Telegram every month. A billion!” he said. “Telegram is a massive, massive community. … They are not staffed — and they do not have the capacity — to monitor everything that goes on there.”

    Neff said it would be “professional suicide” for Telegram, which has marketed itself as a bastion of unfettered speech, to make a serious effort to moderate content. “I don’t think it is something [Durov] will ever do.”

    The company’s privacy policy puts strict parameters around cooperation with law enforcement: “If Telegram receives a court order that confirms you’re a terror suspect, we may disclose your IP address and phone number to the relevant authorities. So far, this has never happened.”

    Telegram ignores requests for information from government agencies that aren’t “in line with our values of freedom of speech and protecting people’s private correspondence,” Durov told Tucker Carlson in an interview with the former Fox News host earlier this year. Durov noted that Telegram refused to cooperate with the U.S. congressional committee probing the events of Jan. 6, 2021.

    Telegram stores “very limited data” on its users, the Telegram spokesperson told ProPublica and FRONTLINE. “In most cases it is impossible for Telegram to access this data in order to provide it for the authorities,” the spokesperson said. “Police, governments and users are able to report content to Telegram they believe is illegal. Telegram processes these reports according to its terms of service.”

    ProPublica and FRONTLINE found that much of the most disturbing content is posted in channels maintained by violent, right-wing Accelerationists, whose ideas have attracted neo-Nazis, Charles Manson admirers and anti-government revolutionaries.

    The Terrorgram Collective, the group of Telegram users targeted by the British government’s crackdown, is an alliance of Accelerationists who use an ever-evolving array of Telegram channels to promote terrorism. The group has produced at least three e-books, including a manual celebrating white supremacist mass killers that court documents show was found at Lightner’s home in Florida.

    David Skiffington, a former British counterterrorism specialist for London’s Metropolitan Police, said the “proliferation of extremist content” on Telegram “cannot be overstated.”

    Other social media platforms such as Steam, Discord and Gab also host extremist-related content, Skiffington said. “But Telegram is by far the most widely used and accessible.”

    Skiffington, who now runs the counterterrorism consulting firm DBA Insights, has been monitoring the Terrorgram Collective for years. He said the group’s influencers encourage “angry, white, lonely vulnerable individuals … to commit real-world acts of violence.”

    It’s unclear how many people are part of the collective, though law enforcement has arrested individuals in Slovakia, Canada and the U.S. who are allegedly linked to the group.

    In Florida, Lightner — or someone using his username, “Death.” — participated in at least 17 extremist Telegram channels, according to an analysis by Miro Dittrich, a co-founder of the Center for Monitoring, Analysis and Strategy, a German organization that studies online disinformation and extremism. Three of the channels were part of the Terrorgram network.

    On the day of his arrest, Lightner was asked by a federal agent to explain his most explosive Telegram postings. At first, Lightner said he did not remember the online threats. But when a federal agent read the words back to him, Lightner said he had never seriously considered an act of violence. But he added that he knew that in making the Telegram postings, he was “playing with fire.”

    Doris Burke of ProPublica and Tom Jennings and Annie Wong of FRONTLINE contributed reporting.

    This post was originally published on ProPublica.

  • America is in the midst of a mental health crisis. 

    But finding a therapist who takes insurance can feel impossible.

    Insurers say that’s because there aren’t enough therapists. 

    That’s not entirely true.

    Carter J. Carter became a therapist to help young people struggling with their mental health.

    Rosanne Marmor wanted to support survivors of trauma.

    Kendra F. Dunlap aspired to serve people of color. 

    They studied, honed their skills and opened practices, joining health insurance networks that put them within reach of people who couldn’t afford to pay for sessions out of pocket. 

    So did more than 500 other psychologists, psychiatrists and therapists who shared their experiences with ProPublica.

    But one after another, they confronted a system set up to squeeze them out.

    This post was originally published on ProPublica.

  • ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

    He’d warned them.

    Butler Township Police Officer Drew Blasko paced angrily along the AGR building, where just minutes before a gunman had clambered atop the roof, aimed an AR-15-style rifle at Donald Trump and fired, striking the former president.

    As Blasko and other officers stood guard near a loading bay behind the building, he recounted a meeting earlier in the week with the Secret Service.

    “I told them that fucking Tuesday,” he said. “I told them to post fucking guys over here.”

    The Trump rally shooting that day, which killed one man and injured three others, including the former president, has been called the largest security failure in 40 years. It has led to the resignation of the Secret Service director, a congressional investigation and questions from lawmakers about how such a lapse could have occurred.

    But an investigation by Spotlight PA, ProPublica and the Butler Eagle has revealed that the weaknesses that led to the assassination attempt were not unique to the July rally, but the inevitable breakdown of an already vulnerable system.

    The newsrooms spoke to dozens of officials across all levels of law enforcement and in several states who have provided security for presidents and presidential candidates, as well as local party officials and academic experts in security.

    The newsrooms did not speak directly with Blasko but obtained body-camera footage showing him and other Butler Township officers in the aftermath of the shooting. Efforts to reach Blasko were unsuccessful.

    The reporting found the steps taken in the days leading up to the Butler rally largely mirrored the process the Secret Service has used for years to collaborate with local law enforcement before visits by presidents and other high-profile individuals under their protection — a process that the shooting revealed to be susceptible to attack.

    “It’s pretty clear that it wasn’t just one screw-up here,” said Andrew Vitek, a professor who teaches about terrorism at Penn State University. “This is indicative of multiple systemic failures all coming down around their ears at once.”

    The Secret Service did not respond to questions.

    Large events involving presidential candidates are delicate, officials said, involving rapid coordination on little notice among federal, state and local law enforcement agencies.

    Because the Secret Service is stretched thin, with 3,200 agents and another 1,300 uniformed officers to divide among more than 30 protectees, the agency relies on local law enforcement officers to help secure campaign events, though they do not have the same specialized training as federal agents.

    The Secret Service holds a planning meeting with these partner agencies before an event, the same meeting Blasko described in released body-camera footage.

    In Butler, attending officers described the meeting as informal and disorganized, said Butler County District Attorney Richard Goldinger, whose office oversees the county’s specialized emergency services unit that provided support on July 13. It left local officials to create their own operational plan for the day.

    As a result, communications between multiple levels of law enforcement were a cobbled combination of radio command centers and cellphones.

    Such difficulties are compounded when campaign rallies occur at open-air venues like the Butler Farm Show, where thousands of people gathered to hear Trump speak.

    The newsrooms analyzed data from nine years of Trump rallies, which revealed that Trump’s signature campaign stops have evolved from largely indoor affairs in hard-to-penetrate arenas to include more public, outdoor spaces. This has shifted local law enforcement’s responsibilities from traffic control and intersection monitoring to guarding rooftops and anticipating potential shooters’ sightlines.

    “If you’re not able to fully communicate that the guy with the gun is right there … then all of a sudden everyone is looking around trying to figure out how the hell this guy got a couple of shots off,” Vitek said.

    A perennial swing state, Pennsylvania is a favorite stop for presidential candidates vying for its 19 electoral votes. The former president is no different, holding his signature rallies in Pennsylvania at least 30 times since his first presidential campaign in 2016, more than any other state.

    Initially, the Trump campaign had wanted to have the July rally somewhere more secure: the Pittsburgh-Butler Regional Airport, a tiny airstrip he’d used in 2020. The campaign reached out to the Butler County Airport Authority for permission.

    But there was a conflict.

    A local firehouse was slated to hold its annual Mega Car Cruise on the same day. The airport authority’s board knew how important the fundraiser was to the small volunteer department. So it rejected the Trump campaign’s request.

    Instead of the easier-to-defend airport, with a single entrance and exit and fewer easily accessible buildings, the campaign picked the wide-open fields of the Butler Farm Show.

    During his unsuccessful 2020 reelection campaign, Trump visited mostly airports, holding rallies either under cover of a hangar or on a tightly controlled airstrip directly after landing from a military plane or helicopter. But as his rally schedule became more crowded, it also became more varied.

    In the years since he left office, nearly half of Trump’s rallies have been outdoors. Of these outdoor events, most have been in public spaces such as fairgrounds, downtown shopping districts or parks.

    Indoor events pose their own complications, said Paul Eckloff, a former Secret Service agent who served under three presidents, including Trump. Arenas and convention centers are often in dense, urban areas near highways that could present a possible threat if someone wanted to turn a vehicle into an explosive device.

    Outdoor events, though, are where your threat level “goes through the roof,” said a former officer with the Secret Service uniformed division who requested anonymity to discuss his service.

    Outdoor locations are often built from scratch just for an event, making it more difficult for law enforcement agencies to control who gets in and out. Consequently, there’s a higher risk that a local law enforcement partner may encounter a threat they’re not prepared to meet.

    As a former president and current candidate, Trump is entitled to some protection from the Secret Service. But it is not as extensive as that afforded to the sitting president and no longer includes access to the military.

    This means as he has continued campaigning over the past three years, he has done so with less protection in more challenging environments.

    While the Secret Service can raise security concerns about a venue, those warnings can go ignored by candidates and their campaigns, former employees of the agency said. It is unclear if Secret Service officials raised such concerns ahead of the Butler rally.

    “We will remind them, ‘Respectfully, sir, ma’am, if you do this, you may not have a candidate, you may not have a leader, we may not have a leader, so please reconsider that,’” the former officer said.

    Trump arrives for a campaign rally in Butler, Pennsylvania, in July. (Evan Vucci/AP)

    It was 1 p.m.

    The stage was set; the red, white and blue bunting hung; and the doors opened to Trump supporters eager to see the former president.

    The local police, including SWAT teams from Butler Township and surrounding counties, had been in place for hours. But they still had not heard from the Secret Service, according to local police and Goldinger, the district attorney.

    Initial security planning is often spearheaded through one of the Secret Service’s regional offices, which will reach out to state and local departments to request officers and assets, like a bomb unit or explosive-sniffing dogs. There is not typically a formalized, written agreement between them.

    Local law enforcement officers are there to support the mission, said Ryan Windorff, president of the Wisconsin Fraternal Order of Police, but “it’s ultimately the Secret Service’s planning and decisions and experience that runs the day.”

    In the days before an event, local, state and federal law enforcement will have a planning meeting to go over protocol, said Adam Reed, a spokesperson for Pennsylvania State Police. Officials described a similar sequence of events ahead of campaign outings over the past 12 years, regardless of the candidate or political party.

    Close coordination is especially important in states such as Pennsylvania, home to more local police departments than any other state in the country.

    But the pre-rally Butler meeting did little to assuage security concerns, according to local officials.

    During the week leading up to the rally, representatives from all of the local police departments that had been asked to help secure the Trump event met in nearby Connoquenessing Township to coordinate.

    The Butler County Emergency Services Unit, a special weapons and tactical squad, had toured the Butler Farm Show during the week and had identified the AGR building as a threat. In the meeting, Butler County officials raised the issue with the Secret Service, said Goldinger, the Butler County District Attorney, but ultimately, the agency did not post anyone on the roof.

    “This was their ballgame,” Goldinger said of the Secret Service.

    Local officers didn’t receive a written plan from the Secret Service until 1:30 p.m. on the day of the rally, according to Goldinger — 30 minutes after the doors opened. In the absence of such a plan, local supporting officers set up their own.

    On the day of the event, local counter-snipers met with their counterparts in the Secret Service. But they had not been asked to secure or set up a perimeter, said Adams Township Sgt. Ed Lenz, who commands the Emergency Services Unit.

    “I’m not sure that it was very clear to the overall Secret Service command what they had actually asked us to do,” Lenz said.

    At 4:26 p.m. on July 13, a Beaver County Emergency Services Unit sniper leaving his shift texted the remaining county officers stationed inside the AGR building.

    “Someone followed our lead and snuck in and parked by our cars just so you know,” the text reads.

    In the days since the rally, news reports and testimony before Congress have revealed the communications gaps that allowed Thomas Crooks to evade law enforcement for more than 90 minutes after the text was sent.

    But the chain-link communication structure used in Butler was not new.

    Local law enforcement officials providing security for past campaign events involving presidents also relied on a relay system to communicate because the different agencies do not share radio frequencies with the Secret Service or one another.

    “And that creates communications problems,” said John Kiel, assistant chief of the Superior Police Department in Wisconsin.

    Kiel heads a 58-officer department that provided support for an event for President Joe Biden on Jan. 25 alongside agencies from different jurisdictions and states, all with different radio frequencies or even different wavelengths.

    “So generally, what happens is we have to have somebody from our agency directly working with, meaning you’re working hip to hip, with Secret Service,” he said. “And then, you know, that’s where the technology, with use of cellphones, really plays a big part.”

    To coordinate, officials said, the Secret Service establishes a command post at a site such as the airport where the president or candidate is landing. Typically, leadership from every involved agency is present so they can relay information immediately.

    But at Butler, two command centers were set up, Lenz said, one for State Police and the Secret Service and one for local police. Lenz and his officers communicated to the State Police, which passed on information to the Secret Service.

    When the local sniper spotted Crooks and texted his unit, Goldinger said, other officers stationed inside the AGR building had to relay that information back to the local command, who then told the State Police, who then told the Secret Service.

    But testimony from the acting Secret Service Director Ronald Rowe has revealed that the information never made it to the people who could take action to stop Crooks.

    “It appears that that information was stuck or siloed in that state and local channel,” Rowe told U.S. senators in July. “Nothing about man on the roof, nothing about man with a gun. None of that information ever made it over our net.”

    Bodycam footage shows a police officer moving toward the AGR building after Thomas Crooks shot at Trump. (Obtained from the Butler Township Police Department by Spotlight PA)

    Since the assassination attempt, Trump has held eight rallies, all indoors at the urging of the Secret Service.

    Ahead of his scheduled rally in Wilkes-Barre, Pennsylvania, the Secret Service approved a new security plan, including bulletproof glass to shield the former president at outdoor events, according to reporting in The Washington Post.

    On Aug. 12, a month after Crooks shot him, Trump said he plans to return to Butler to finish his speech.

    During a conversation with billionaire Elon Musk broadcast on X, the social media platform Musk owns, Trump said he would be back to the rural Pennsylvania county sometime in October.

    If Trump does return, Butler officials would like better coordination from the Secret Service, including a unified command post, Lenz said.

    But despite Trump’s announcement, local officials had little information. They have a lot of worries.

    Butler County Commissioner Leslie Osche said in a statement that although many residents would be excited to see Trump return, the community may not have completely healed from the trauma of the shooting.

    “While this county has overwhelmingly welcomed and supported former President Trump, a return visit will place additional stress on law enforcement and the community,” Osche said. “I am angry. I am sad. I am disappointed.

    “And I am waiting for the results of an investigation by qualified institutions instead of endless finger pointing.”

    This post was originally published on ProPublica.

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    On dozens of occasions since 2020, a private Gulfstream jet belonging to Nike has touched down at Moffett Field, a federally owned airfield on the banks of San Francisco Bay.

    The Silicon Valley site’s most notable feature is a hulking building known as Hangar One, which in the 1930s housed a U.S. Navy airship and today is a conspicuous landmark along U.S. 101.

    It also happens to sit about a 30-minute drive from one of Nike CEO John Donahoe’s homes. He became the Oregon-based company’s top executive in January 2020, bought a condo in Portland and registered as an Oregon voter. But he also maintained a home in the Bay Area community of Portola Valley. His previous job was leading a tech company in Santa Clara, and his wife worked at Stanford University until September.

    Nike’s jets landed at Moffett more than 100 times in the first three and a half years of Donahoe’s tenure, flight-tracking records show. Landings at Moffett stopped in July 2023 but became more frequent at a nearby airport with a similar drive time to Portola Valley.

    Donahoe and Nike executive chairperson Mark Parker have made clear that climate change is a crisis demanding urgent action. “It’s about leading with actions, not words,” Parker said in Nike’s 2019 corporate responsibility report. “We are more committed than ever to help save the planet,” Donahoe said in a 2022 company video.

    Yet Nike has failed to shrink one aspect of its carbon footprint that the two men directly influence: travel on the private jets, which emit far more carbon per passenger than commercial airliners.

    One of Nike’s private jets takes off from the airport where the company has a hangar in Hillsboro, Oregon, in July. (Dave Killen/The Oregonian)

    Nike’s jet travel is up. Company disclosures show that its private planes last year emitted almost 20% more carbon dioxide than they did in 2015, which the company uses as a baseline for its climate goals. The flights are one small reason Nike and its supply chain produced roughly as much carbon dioxide in 2023 as in 2015, despite the company’s commitment to sharply reduce emissions.

    The company owns two Gulfstream G650ERs. Flight-tracking records show that their destinations include New York City, where the company has a corporate office, and Paris during the Olympics and in April, when Nike unveiled its Olympic uniforms.

    In July, a Nike jet flew down to San Jose, California, and back to its base in Hillsboro, Oregon; it then took off two days later for Idaho, where Donahoe and his wife were photographed at the Allen & Co. conference in Sun Valley, an annual gathering dubbed “summer camp for billionaires.”

    Vacation spots Nike jets have traveled to include Cape Cod, where Parker owns a home. Since 2020, the planes have landed there at least 15 times. They’ve touched down in the Cayman Islands at least six times since 2021.

    But the Bay Area has been a magnet. It was an out-of-the-way pit stop for an Oregon-bound flight after Donahoe delivered the spring commencement keynote at West Virginia’s Marshall University in 2023. It has been a weekend destination with Friday landings and Sunday returns to Oregon. (The jets averaged about 10 flights a year to Moffett Field in the two years before Donahoe’s hiring, when he was a Nike board member and lived in California, versus an average of about 30 a year from 2020 through mid-2023, while he was Nike’s CEO.)

    More than 30 times, one of the company’s private jets flew down to Moffett and back to Oregon in the same day, sometimes spending as little as 25 minutes on the ground.

    If those flights ferried a single person in one direction, turning what would be one commercial flight into two by private jet, it would release 160 times as much carbon per passenger as if the person flew commercial, said Phillip Ansell, director of the Center for Sustainable Aviation at the University of Illinois Urbana-Champaign. He called this arrangement “completely inexcusable.”

    “In the current climate where aviation does not yet have a viable route to fully decarbonize, we need to see these types of flights come to a halt,” Ansell said.

    Nike did not make Donahoe and Parker available for interviews and declined to say why the jets frequented Moffett Field and, more recently, San Jose Mineta International Airport.

    The company said in a statement that its jet passengers comprise a variety of people who are essential to its business objectives, including executives, employees, athletes, entertainers and others. The jets improve productivity and address security concerns for executives, Nike said, calling private flights a standard practice among large global companies.

    As for curbing carbon pollution, the company said that “we focus on Nike’s areas of greatest impact,” noting that the bulk of its emissions come from the production of materials for its sneakers and apparel.

    Nike CEO John Donahoe in front of a Nike jet. In an Instagram post by the University of North Carolina’s head women’s basketball coach, Courtney Banghart, she thanks him for a “lift.” (Screenshot by ProPublica)

    Celebrities including Taylor Swift, Drake and Kylie Jenner have drawn scrutiny for their profligate jet-setting in the face of the planet’s record-breaking temperatures. And in the business world, CEOs are increasingly being allowed to use corporate jets for personal use, according to Equilar, a data firm that studies executive compensation. In 2018, 36% of S&P 500 companies included the perk in CEO pay packages. By last year, that had grown to 45%.

    But Nike, the world’s largest athletic apparel company, stands apart: It has staked a claim as a corporate leader on the environment, joining thousands of companies pledging to voluntarily slash carbon emissions in line with the Paris Agreement on climate change.

    Nike also stands out for disclosing more about its private jet travel than its peers. A review by ProPublica and The Oregonian/OregonLive of the disclosures of 30 companies, including 18 of Nike’s self-identified peers, found no others that publicly report emissions from corporate jets. Roughly half report emissions from business travel, which can include jet use.

    Get in Touch

    ProPublica and The Oregonian/OregonLive plan to continue reporting on Nike and its sustainability work, including its overseas operations. Do you have information that we should know? Rob Davis can be reached by email at rob.davis@propublica.org and by phone, Signal or WhatsApp at 503-770-0665. Matthew Kish can be reached by email at mkish@oregonian.com, by phone at 503-221-4386, and on Signal at 971-319-3830.

    In addition to reporting rising emissions from its jets, Nike’s disclosures show that it is behind on its ambitions for reducing its overall contribution to climate change. The company said in 2016 that it would halve its total emissions; instead they have grown slightly since 2015.

    Meanwhile, since December, Nike has laid off 20% of its dedicated sustainability staff, The Oregonian/OregonLive and ProPublica have reported, and lost another 10% through internal transfers or voluntary departures.

    Nike’s growing private jet use sets the wrong tone from the top, said Charles Elson, founding director of the Weinberg Center for Corporate Governance at the University of Delaware.

    “It’s, ‘Do what I say, not as I do,’” Elson said. “Flying private aircraft all over the place certainly isn’t a bold action in support of climate responsibility. That’s the problem. Your actions and your words seem to diverge in unflattering ways. It is not a good look.”

    Private jet use represents less than a tenth of a percent of all Nike’s emissions. The overwhelming majority come from production and shipping by the company’s overseas suppliers. But the jets generate 6% of the carbon coming from assets that Nike owns, a share that has grown as Nike has powered its buildings around the world with renewable energy.

    Donahoe, whose $29.2 million compensation last year made him one of America’s highest-paid executives, has an arrangement with Nike that allows him to use the jets for more than business. He can fly in them for personal travel at his own expense. He has reimbursed Nike more than $700,000 for such trips in the last two years, securities filings show.

    In addition, the company has given the chief executive $293,000 in free personal travel since 2020 as part of his compensation. Parker, the executive chairperson, has received $494,000 in free personal use of the jets in that time.

    The jets’ flight paths can be found on the website of ADS-B Exchange, which crowdsources location readings from airplane transponders. The flight records don’t show who is on board, but in some cases flights coincided with news coverage and social media posts indicating their purpose.

    Nike’s jets have landed at golf destinations around the country. They visited Augusta, Georgia, ahead of the Masters Tournament in 2022 and again in 2023. A Nike jet has joined the roughly 1,500 other private jets that crowd the small airport during the tournament, making it so busy that Golf Digest has described it as a “bonafide Heathrow.”

    In 2022, Donahoe golfed in a morning pro-am event before the Memorial Tournament at Muirfield Village Golf Club, outside Columbus, Ohio. Social media photos show Donahoe playing with Rory McIlroy, a golf star Nike sponsors.

    One of Nike’s corporate jets landed in Columbus the day before the golf event; it returned to Oregon after the pro-am ended, flight records show.

    Photographs posted to Instagram from a Nike fan account show Donahoe golfing at an event outside Columbus, Ohio. At right in the second image is Rory McIlroy, a Nike-sponsored golf star. Flight records show one of Nike’s corporate jets landed in Columbus the day before the event and returned to Oregon after it ended. (Screenshot by ProPublica)

    Traveling by private jet is far more polluting than flying commercial.

    Ansell, the sustainable aviation expert, said a fully loaded Gulfstream G650ER flight releases about 4.5 times as much carbon dioxide per passenger as a Boeing 737, the workhorse commercial airplane. If the Gulfstream is carrying only a single passenger, it’s about 80 times as polluting, he said, because the private aircraft’s weight and fuel consumption stay roughly the same.

    Nike’s Gulfstream models can be configured to carry as many as 19 passengers. It’s unknown how many people typically travel on them.

    “It is patently irresponsible to be using luxury G650s for flights that carry only a few passengers,” Ansell said.

    The pollution from Nike’s jets adds up. Last year, they generated roughly the same amount of carbon dioxide as a passenger car driving 10.9 million miles, company disclosures and an Environmental Protection Agency emissions calculator show. (Imagine driving a car around the equator 438 times.) It was roughly equal to the amount of carbon pollution that would be released by burning 4.7 million pounds of coal.

    While Nike’s corporate jets have been generating more carbon, the company last year recorded a 65% decline compared to 2015 in emissions from another source: commercial air travel by rank-and-file employees.

    Four former employees said the company has restricted worker travel in recent years. They said their managers didn’t cite the need to reduce emissions but instead the need to save money. Nike, in a statement, said its employees also had embraced remote meeting tools since the pandemic, allowing them to “operate effectively without extensive travel.”

    By contrast, the company’s jets are used for transportation to “specific high-level meetings and events that require executive presence,” Nike said, “and cannot be conducted remotely.”

    Ryanne Mena and Jeff Frankl of ProPublica contributed research.

    This post was originally published on ProPublica.

  • This story describes an attempted murder in a domestic violence case.

    This article was produced for ProPublica’s Local Reporting Network in partnership with WPLN/Nashville Public Radio. Sign up for Dispatches to get stories like this one as soon as they are published.

    Before rural Scott County remade itself into a model for managing domestic violence, Jade Peters didn’t know where to turn for help. Her ex-boyfriend was stalking her and threatened to kill other men who talked to her.

    She knew he had a gun, but so did many people in Scott County, and she didn’t think the justice system would take her seriously.

    If you or someone you know needs help, here’s a guide on how to navigate Tennessee’s justice system for domestic violence victims.

    One night in 2009, Peters was walking up her steps when she saw someone approaching. As he got closer, she realized it was her ex-boyfriend. She fumbled with her keys, trying to set off her car alarm.

    He pulled his hand out of his pocket. A sudden bright light pierced the darkness — the flash of a gun firing.

    The bullet tore through Peters’ mouth and throat, with fragments lodging in her spine. When she was able to drag herself into her house to call for help, she remembers avoiding her reflection in the mirror, not wanting to see what damage the bullet had done.

    Jade Peters at her home in Scott County, where she was shot by an ex-boyfriend. After her recovery, Peters became a lawyer and has represented domestic violence victims.

    A few years ago, Scott County decided that the system that Peters and other domestic violence victims across the state contended with wasn’t good enough. Tennessee consistently has one of the highest rates of women killed by men, and most of those homicides are committed with a gun. Yet, over the years, the state has loosened its gun laws, making it easier for people to buy and carry firearms. While the state bars domestic abusers and people with felony convictions from having guns, WPLN and ProPublica found that those laws are rarely enforced.

    Tucked into the Appalachian foothills along the Kentucky border, Scott County recognized that victims in rural areas face unique barriers. There are few resources, like domestic violence shelters. Law enforcement and the courts typically lack staff and training. And cultural attitudes about domestic violence and guns can make officers and judges less likely to believe women or more reluctant to take firearms away from abusers.

    The county completely overhauled the way it handles domestic violence cases. It brought most of the agencies that deal with domestic violence into one building called the Family Justice Center. It then started one of the state’s only court programs solely dedicated to handling domestic violence cases.

    And vitally, the county took steps to better ensure that people subject to domestic violence charges or protection orders don’t have guns.

    Peters said that if the reforms had existed when she needed them, she would have known where to get help. “It would have made a difference,” she said.

    Separating dangerous people from their guns is an issue that much of the country grapples with. But in Tennessee, “it’s even more inconsistent in these rural communities,” said Heather Herrmann, who oversees a statewide group that studies domestic violence homicides. She said in rural areas, judges are more likely to consider things like whether accused abusers hunt or have jobs that require guns.

    First image: Oneida, Tennessee, is one of the small towns in Scott County. Second image: The Scott County Family Justice Center brings together the district attorney’s office, emergency housing, a domestic violence officer and other resources so victims only have to make one stop to get help.

    In rural Lewis County in Middle Tennessee, for example, Judge Mike Hinson said protecting gun rights weighs heavily in his decisions. It can be hard to justify signing an order of protection — which can bar someone from coming near the victim, contacting them or having firearms — if a gun wasn’t involved in the domestic violence incident, he said.

    “It’s those close cases where I try to balance a person’s rights — because they do have a Second Amendment right, and they do have a right to protect themselves, and they do have a right to get a job,” Hinson said. “That’s the tougher balance.”

    It’s a balance he acknowledged he doesn’t always get right.

    Even if a judge orders someone to give up their guns, there’s a glaring gap in Tennessee’s system. It’s one of about a dozen states that allow someone to give their gun to a third party like a friend or relative instead of a law enforcement agency or a licensed firearms dealer. And it doesn’t require that the person be identified to the court. In such cases, someone could say they gave up their guns but still have access to them, advocates for domestic violence victims say.

    Scott County saw that gap and decided to change its firearms form, requiring abusers to name the person who is holding their guns and list their address. That person has to sign to verify they have the guns. Scott is the only one of Tennessee’s 95 counties that has done this, victim advocates say. They have asked the Tennessee Administrative Office of the Courts to change the form statewide, but the office says the legislature would have to do that.

    It’s difficult to measure Scott County’s success because the numbers are so small. But data from the Tennessee Bureau of Investigation shows that while domestic violence incidents have fallen slightly across the state, in Scott County, they’ve dropped by more than half, from nearly 250 in 2009 to an average of less than 100 in recent years. Victims are seeking protection orders from the courts more than they did before the reforms — a sign that there’s more trust in the system, victim advocates say. And far more requests are being approved.

    Domestic violence pamphlets at the Scott County Family Justice Center “Some People, It Was Just a Bad Day”

    No other rural county in Tennessee has yet followed Scott’s lead. And throughout the state, old attitudes prevail. On the other side of Nashville from Scott County is a region of rolling hills and cropland where guns and hunting are also a big part of life.

    This area of Middle Tennessee is represented in Congress by Rep. Andy Ogles, a Republican who in 2021 sent out a Christmas card of his family holding guns. (Ogles didn’t respond to calls or emails from WPLN and ProPublica but has told reporters he didn’t regret the card.) Jason Aldean’s controversial music video, “Try That in a Small Town,” was filmed at a courthouse in the area and served as an anthem of old-school, small-town values that critics said was a racist rallying cry for vigilante justice and gun violence. (Aldean has defended the song and video.)

    That culture permeates all the way up the justice system to judges, Herrmann said.

    “When you have a really insular community, a really gun-focused community, and often a community that maybe has some misconceptions or stereotyping of what domestic violence is and what it means, then you have judges, not always, but often, who carry those same beliefs,” she said.

    Judges in Tennessee have an incredible amount of power in how they run their courtrooms, which can greatly affect domestic violence cases. If a case lacks obvious physical signs of abuse, judges may fall back on their own notions about domestic violence, which research shows favors defendants.

    Hinson said he sees himself as a representative for the culture of Lewis County. The county proudly boasts one of the largest collections of mounted trophy heads in North America. The old courthouse has a bullet hole from when a man going through a divorce brought a gun to confront his wife. The new courthouse is across the street from a store advertising that “we sell ammo.” With only about 12,500 residents, the county is the type of place where most people know each other, which can make domestic violence cases difficult.

    The Lewis County Museum of Natural History in downtown Hohenwald boasts one of the largest collections of mounted trophy heads in North America. Downtown Hohenwald, where the Lewis County Justice Center is located

    Since 2014, many of those cases have gone before Hinson, a Lewis County native with icy blue eyes and gray hair.

    Some folks around Lewis County call him “the people’s judge”: He often wears a quarter-zip sweater or a button-down shirt in court instead of a judicial robe. And he speaks plainly, like he’s talking to a friend he ran into at the store instead of someone in a jailhouse jumpsuit.

    Hinson’s casual attitude and off-the-cuff remarks caused him to be suspended by the Administrative Office of the Courts’ Board of Judicial Conduct in 2021. In one case, in which he denied a woman an order of protection, the board said he made a “demeaning” comment, telling the couple that another judge would “wade through the bullshit” in their divorce. He later apologized for the remark.

    Sometimes, Hinson said, he finds the law constricting and prefers to take his own approach. Once, that resulted in him dismissing hundreds of traffic tickets because he thought the community was being overly targeted. It made him popular among some residents — and less so with the Tennessee Highway Patrol.

    “I don’t believe the law was made for us to worship,” Hinson said. “I believe the law is a tool.”

    Judge Mike Hinson grew up in rural Lewis County, Tennessee. He says the area has shaped who he is and how he runs his courtroom.

    That applies to the domestic violence cases he sees in his courtroom, which, he said, often result from addiction. It’s a struggle Hinson himself relates to. He said he had a drinking problem and anger issues that ended his last marriage — something he shares with the men who appear before him in court.

    “Some people just might need a little anger management,” Hinson said. “Some people, it was just a bad day and the only time it’s ever happened.”

    Hinson also said he thinks some women overuse protection orders to gain the upper hand in a divorce case or custody battle.

    “This is stuff that we hear from every corner of the state,” Herrmann said. “In these small towns in particular, people talk. They know what the judge has said to other people. They know how other people’s cases have gone.”

    “I’m Gonna Take His Side”

    Some victims who went through Lewis County court said Hinson’s sympathy for the men made them feel dismissed or like they were the ones being reprimanded. Multiple victims asked not to be named because it’s a small community and they worried it could affect their cases. WPLN and ProPublica also sat in on Hinson’s court.

    In February, Hinson admonished a woman who sought a protection order against her ex-boyfriend after he fired a gun into the ceiling during an argument. Instead of granting the order of protection, Hinson put the man under a no-contact order, which didn’t require him to give up his firearms.

    He told the man he couldn’t reach out to the woman, but he also told the woman her ex-boyfriend wouldn’t be held responsible if she contacted him first and he replied. If that happens, Hinson said, “I’m gonna take his side.” And he urged her not to do what some women do, reaching out to their partners after leaving court to work out their problems. “We’re not going to be doing that,” he told her.

    A month later, another woman in Hinson’s court seemed surprised by the way the judge spoke to her estranged husband after he assaulted her. Instead of chastising him about his behavior, Hinson appeared to try to motivate her husband by telling him his wife thought he was “a great guy.”

    The woman, sitting in the courtroom that day, leaned over to a victim’s advocate and said, “I never said that.”

    Scott County’s New System

    About 200 miles away, as the early morning fog cleared over the Scott County Justice Center in May, men slowly trickled into the courtroom under a sign in Greek that translates roughly to “a man’s character is his fate.” Their work boots thudded on the floor as they found seats on the wooden benches.

    “All rise,” the bailiff said. “Domestic violence court is now in session.”

    First image: A domestic violence hearing in Scott County. Second image: A woman tells Judge Scarlett Ellis about her reasons for seeking a protection order during a domestic violence court case.

    The men had already been convicted of domestic violence or were subject to protection orders. They were there so that Judge Scarlett Ellis could monitor whether they were keeping up with their probation appointments and other conditions like mental health and addiction treatment.

    She looked up over her glasses with a kind smile at the group of men in front of her, the way a teacher might greet her class. Then one by one they stood in front of her. Ellis peppered them with questions: How has therapy been going? Have you avoided contact with your victim? What have you learned in batterers intervention class?

    Ellis’ approach is encouraging but not lenient. When it’s clear that the men before her have made strides toward changing their behaviors, she doesn’t hesitate to tell them. One man stood at the podium, his hands clasped behind his back as he responded to her questions with, “Yes, ma’am,” and, “No, ma’am.” He had an interview later that day for a better-paying job, he told her.

    “You’ve changed your life,” she told him. “I can see it. I really can.”

    Ellis can use her discretion to have those who are doing well come to court less often. But if they’re not complying, she can also extend their probation or send them to jail.

    Later in the day, when victims came to the domestic violence court for new cases to be heard, they were ushered by a court advocate into a back room to keep them separate from the men they say abused them. It’s one of many victim-centered changes the court has made. When their protection order hearing comes up, the victim stands at one podium, the offender at another, with the court advocate and a sheriff’s deputy between them.

    Domestic violence court is held on a separate day from other cases to protect victims’ privacy.

    “I was already embarrassed with what all had happened and being assaulted and then to have to be in a room with people who had done drugs and stole from others was just more embarrassing and belittling,” one person wrote in a community needs assessment that was conducted before the court was created.

    Ultimately, a judge’s orders are only as strong as their enforcement, which Scott County has also tried to address. Like many rural counties, the Scott County Sheriff’s Department is small and understaffed. But it has a dedicated domestic violence officer to help victims.

    “I’m their voice,” Deputy Danielle Gayheart said in a raspy twang. “They’ve done their side of it” by getting the order of protection, she said.

    First image: Ellis presides over the domestic violence court in Scott County. Second image: Deputy Danielle Gayheart is a domestic violence officer with the Scott County Sheriff’s Department.

    Gayheart has listened to jailhouse phone calls to see if an abuser was contacting a victim. She also checks social media. Once, a man posted a picture of himself hunting deer with a gun. When she sees those things, she’ll charge people with violating protection orders.

    “When it comes to anything like that, I’m your girl,” she said.

    “We Repeat What We Don’t Repair”

    One of the keys to holding defendants accountable in Scott County is its batterers intervention program. In other rural counties, attending one can mean a long drive: In Lewis County, for example, the closest one is over an hour away. Judges in those places often won’t list it as a court condition because it’s too hard to get to. But Scott County’s class is 10 minutes from the courthouse.

    During one class, six men crowded around folding tables pushed together in a square. “We repeat what we don’t repair” was scrawled on a white board on the wall.

    Kathi Hall, a facilitator with Scott County’s batterers intervention program, said many of the men grew up in abusive households and have to unlearn behaviors they saw as kids.

    The facilitator led them through an exercise on how to recognize the signs of anger in their bodies and stop it before they take it out on someone else. Feeling hot-headed? Try sticking your head in the freezer. Feeling restless? Take a walk. Clenching your teeth? Chew a piece of gum. Many of the men are still in the relationships that put them in court, so creating these plans is urgent.

    While the 26-week class is court-ordered, the men weren’t shy about participating.

    “I’m not real good at showing my feelings,” one man said. “I never have been. You know, I was raised —”

    “You don’t wear your feelings on your sleeve,” another chimed in from across the table.

    “That’s right,” the first man said. “Growing up, you know, I was raised that you’re a man. You’re not supposed to show that because nobody gives a shit. You’re supposed to be stronger than that.”

    Attendees gather around tables at the batterers intervention program in Scott County. The men were mandated by the court to attend the class.

    Programs like this one have led to change, according to Peters. After the shooting, her ex-boyfriend pleaded guilty to attempted murder and was sentenced to prison. Peters recovered from her wounds and went back to school to become a lawyer, representing clients in Ellis’ domestic violence court.

    She said men in Scott County know that when they’re brought to court on a domestic violence charge, there will be serious consequences.

    “Men are somewhat afraid of that,” Peters said. “They’re very aware that you can be dispossessed of firearms for a year, that you can lose a lot of your rights, that you can be sentenced to programs and court appearances.”

    She said that empowerment for victims and accountability for offenders has had an impact beyond just the court program — the system change has led to broader cultural change in Scott County.

    “There’s still women who are in bad situations,” Peters said. “It’s just that now there’s more help for them.”

    Mariam Elba contributed research.

    This post was originally published on ProPublica.

  • ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

    This article is co-published with The Texas Tribune, a nonprofit, nonpartisan local newsroom that informs and engages with Texans. Sign up for The Brief Weekly to get up to speed on their essential coverage of Texas issues.

    Police video, audio, texts and emails released Saturday by Uvalde, Texas, city officials offer new details about the Robb Elementary school shooting while also largely reaffirming reporting about law enforcement’s failure to engage a gunman who killed 19 children and two teachers.

    In one report, a Uvalde municipal police officer said that law enforcement had to rely on a parent to use bolt cutters to break the locks to the gated fence the shooter had scaled to enter the school. That same officer also indicated in his report that he overheard a female relative of the shooter discuss how he’d expressed suicidal thoughts the night before the May 24, 2022, massacre. And in a 911 call, the shooter’s uncle pleaded with police to speak to the teenager, saying he believed he could talk him down. The call, however, came six minutes after law enforcement killed the gunman.

    Text exchanges between Uvalde officers also provide insight into their frustrations after Texas Department of Public Safety Director Steve McCraw blamed local police in the days following the shooting.

    A Texas House of Representatives report released two months later, by contrast, spread blame onto the scores of local, state and federal law enforcement officers — including McCraw’s at least 91 DPS troopers — who also responded to the scene and failed to take charge.

    The day after McCraw’s public comments, Uvalde Police Lt. Javier Martinez, who was shot within the first few minutes of the response, said that he had received a call from U.S. Sen. John Cornyn, a Texas Republican.

    In a text detailing the conversation, Martinez said the senator told him McCraw “should NOT have done that.” Martinez said he told Cornyn that McCraw had “screwed us all” and that the local officers were all receiving death threats.

    Cornyn’s spokesperson declined to comment, while McCraw did not immediately respond. An attorney for Martinez and the Uvalde police officers said that he was not aware of the text exchange. Martinez did not respond to a message inquiring about it.

    Velma Duran, the sister of Irma Garcia, one of the two teachers killed in the Robb Elementary School shooting, confronts Texas Department of Public Safety Director Steve McCraw after he finished testifying to the state House in 2023. (Evan L’Roy/The Texas Tribune)

    Most other records released by the city, such as body camera footage and audio of 911 calls from children inside the classrooms, were detailed in previous reporting from The Texas Tribune, ProPublica and FRONTLINE after the news organizations independently obtained hundreds of hours of investigative material through a confidential source.

    The Saturday release is the first major disclosure of documents by a government agency involved in the flawed response to the deadliest school shooting in Texas history. It was part of a settlement agreement in a lawsuit between the city and the news organizations. Three other government agencies — the Texas Department of Public Safety, the Uvalde Consolidated Independent School District and the Uvalde County Sheriff’s Office — continue fighting not to release any records.

    Former Uvalde Mayor Don McLaughlin, who is now a Republican candidate for the Texas House, said in a phone interview Saturday that the other government entities in the lawsuit should follow the city’s example.

    “The only way we’re going to know what truly happened is for everybody to release their records, put them out there,” McLaughlin said. “Mistakes were made. There’s no denying that. Take your lumps.”

    By now, law enforcement’s failures during the response to the Uvalde shooting are well documented, including the fact that officers wrongly treated the shooter as a barricaded subject, rather than an active threat, and failed to confront him for 77 minutes. No officer took control of the response, which prevented coordination and communication between agencies. According to records released Saturday, for example, a DPS aircraft official struggled to coordinate logistics for two helicopters, SWAT team members and the San Antonio Police Department because they couldn’t reach an incident commander.

    The newsrooms published 911 calls that showed the increasing desperation of children and teachers pleading to be saved and revealed how officers’ fear of the shooter’s AR-15 prevented them from acting more quickly. In a collaboration with FRONTLINE that included a documentary, the newsrooms also showed that while the children in Uvalde were prepared, following what they had learned in their active shooter drills, many of the officers who responded were not.

    The U.S. Justice Department later published a report that heavily criticized the delayed response and said that some victims would have survived had officers followed their training.

    According to the records released Saturday, Uvalde municipal police officer Bobby Ruiz Sr. said in an incident report after the shooting that law enforcement had to rely on a parent to cut a lock on the gates of a fence around the school. Once the gate was open, students and teachers began running toward the opening.

    “I ran up along with two other male individuals in which we hurried the students and school staff behind cover,” the officer said.

    Ruiz was then sent to the nearby house where the gunman lived with his grandparents. The teenager had shot his grandmother in the face and taken his grandfather’s truck to the school. Ruiz said that while at the house, he overheard a relative say they’d stayed up with the gunman the night before after he expressed a desire to die by suicide.

    If you or someone you know needs help, here are a few resources:

    • Call the National Suicide Prevention Lifeline: 988
    • Text the Crisis Text Line from anywhere in the U.S. to reach a crisis counselor: 741741

    In one 911 call, the shooter’s uncle, Armando Ramos, urged police to let him speak with the shooter, confident he could persuade him to stop.

    “Everything I tell him, he does listen to me,” a distraught Ramos said. “Maybe he could stand down … or turn himself in.”

    But his nephew was already dead, killed minutes earlier by police after he emerged from a classroom closet and fired at them.

    An attorney for the news agencies as well as the uncle of one of the children killed at Robb Elementary said information about the shooting — and law enforcement’s response — helps grieving relatives get closure and will better prepare authorities for future massacres. They pushed other agencies to follow the city’s move and release records.

    Jesse Rizo’s 9-year-old niece Jackie Cazares was one of the fourth graders killed. He was elected to the Uvalde school board in May and has pushed the district to release information the news organizations have requested. He said the piecemeal nature the public releases is spurring residents to suspect government officials are involved in a cover-up.

    “And then we begin to lose faith and trust,” he said. “And the longer that things get delayed getting made public, then the more of a lack of trust we have.”

    Jesse Rizo, the uncle of shooting victim Jackie Cazares, in 2022. Rizo was elected to the Uvalde school board in May. (Evan L’Roy/The Texas Tribune)

    Brett Cross, the father of 10-year-old Uziyah Garcia, who was also killed that day, said that he is infuriated that the city released information to media organizations through the settlement without first notifying families. He demanded more documents be released.

    “They need to show everything, the world, how this actually is,” Cross said. “This isn’t something that we can just turn off. The world gets to turn off the TV and walk away. We don’t get to. We have to live this daily.”

    Two state district judges in Texas have ordered the county, DPS and the school district to release records related to the shooting. All three have appealed the decisions.

    Only the city has settled with the news organizations, saying in a statement Saturday that it wished to comply with the court order and end a legal battle.

    DPS representatives and a school district spokesperson did not immediately return calls or emails Saturday. Uvalde County Sheriff Ruben Nolasco said in a statement that the potential release of records was “under the purview” of the office’s attorney.

    Only a handful of responding officers have been publicly disciplined and no trial date has been set for the two who were indicted by a grand jury in June. Those two men — Pete Arredondo and Adrian Gonzales — pleaded not guilty. An attorney for Gonzales called the charges “unprecedented.”

    Uvalde city officials chose to release records against the longstanding wishes of District Attorney Christina Mitchell, who is preparing to prosecute those two school district officers, including the agency’s former chief, for alleged inaction. Mitchell has argued that releasing records will interfere with those cases.

    Attorneys representing the news organizations have said there is no proof to support her claims and that agencies cannot withhold the records under state laws.

    Laura Prather, a media law chair for Haynes Boone who represented the news agencies in the legal fight for the records, called the city’s release a “step toward transparency,” though she noted the legal battle continues.

    “Transparency is necessary to help Uvalde heal and allow us all to understand what happened and learn how to prevent future tragedies,” Prather said.

    Crosses and rosaries hang in front of Robb Elementary this year in memory of the victims of the 2022 shooting. (Eric Gay/AP Photo)

    This post was originally published on ProPublica.

  • Palestinian prisoners have spoken of sexual assault and starvation in Israeli jails. Bethan McKernan reports

    Itamar Ben-Gvir, Israel’s far-right national security minister, has presided over a transformation of the country’s prison system. The human rights group B’Tselem has described the jails as “torture camps” where abuse is systemic.

    The Guardian’s Jerusalem correspondent, Bethan McKernan, has spoken to some former prisoners about their experience.

    Continue reading…

    This post was originally published on Human rights | The Guardian.

  • Ex-prisoners report sexual assault and starvation as rights groups say at least 60 have died in ‘torture camp’ jails

    Ashraf al-Muhtaseb is a musician who described leaving Israel’s jails with no hearing in his left ear, four fractured ribs and a broken hand, so ill and weak from hunger he could no longer walk.

    Dropped at an Israeli checkpoint on his own, he says he began crawling towards his home in the occupied West Bank town of Hebron, until a passerby picked him up.

    Continue reading…

    This post was originally published on Human rights | The Guardian.

  • Guardian interviews back up report by rights group B’Tselem, which says jails should now be labelled ‘torture camps’

    Violence, extreme hunger, humiliation and other abuse of Palestinian prisoners has been normalised across Israel’s jail system, according to Guardian interviews with released prisoners, with mistreatment now so systemic that rights group B’Tselem says it must be considered a policy of “institutionalised abuse”.

    Former detainees described abuse ranging from severe beatings and sexual violence to starvation rations, refusal of medical care, and deprivation of basic needs including water, daylight, electricity and sanitation, including soap and sanitary pads for women.

    Continue reading…

    This post was originally published on Human rights | The Guardian.

  • This article was produced for ProPublica’s Local Reporting Network in partnership with The Seattle Times. Sign up for Dispatches to get stories like this one as soon as they are published.

    In 2010, as the country still reeled from the worst economic crisis since the Great Depression, tech companies, real estate developers and rural lobbyists went to the state Capitol in Olympia, Washington, to press for a tax break for data centers.

    Turning it down, supporters argued, would mean rejecting high-paying, long-term and environmentally friendly jobs in distressed parts of rural Washington. Owners of data centers — gargantuan facilities filled with computer servers that power the internet — were scouting Washington and other states for new homes.

    “In the end,” then-state Sen. Rodney Tom, a Democrat from the Seattle suburbs who advocated for the tax break, told his Senate colleagues, “we get the clean jobs that all the states are competing with, as far as the jobs it takes to run these things long term.”

    State lawmakers nearly unanimously passed the special exemption and have kept the benefits flowing to the industry ever since. But the tax break has strayed from its original promises, and the state failed to fully scrutinize whether the sacrifices were worth it, a deep examination of legislative archives, public tax disclosures and utility data by The Seattle Times and ProPublica revealed.

    The data center industry’s demand for electricity is growing so much that it could threaten Washington’s efforts to transition to a carbon-free power grid, the news organizations recently reported.

    The original premise for Washington’s data center tax incentive was to bring high-tech, green jobs to rural communities such as Quincy, in Grant County, where an alfalfa field is being prepared for planting. But the tax break can now apply to data centers in downtown Seattle as well as those in rural areas.

    The tax break’s requirement for how many people a company must hire was quickly weakened.

    And a modest program for a budding industry in struggling rural areas became one of the biggest corporate tax giveaways in Washington, available even to tech companies in downtown Seattle.

    Today, state revenue officials aren’t allowed to say how many high-paying tech jobs Washington actually got. That’s because lawmakers kept the information walled off from the public under the state’s taxpayer confidentiality laws. Other states with generous tax relief for the industry have demanded more transparency and accountability.

    The only state audit ever released publicly, seven years ago, found that based on the number of tax break recipients at the time, data centers could eventually meet the jobs requirement by collectively hiring as few as 260 workers. The average annual cost to the state at that time was projected to be $53.3 million between 2015 and 2019.

    This tax exemption now eclipses the combined total of what the state gives all of its waning aerospace programs, including Boeing’s, taking away more than $117 million in 2023, according to information companies provided the state Department of Revenue. The cumulative total since 2018 is more than $474 million.

    More than 65% of the savings since 2018 have gone to Washington-based Microsoft, a company with reported net earnings of $72.4 billion last year.

    The company said in an emailed statement that the data center tax break from which it benefits “aligns with the intentions of lawmakers.”

    “Data center investment in rural areas of the state creates jobs, stimulates growth of supporting industries, and contributes to property tax revenue,” the statement said.

    Construction was underway this spring on a huge CyrusOne data center in Quincy.

    Proponents of the tax break, including building trades unions, maintain that the data center industry generated new property tax revenues for rural counties and created enough work for thousands of electricians and builders to boost the entire region’s economy. Washington ranked 10th in the country for the number of data centers in each state as of July, according to data center research firm Baxtel.

    But critics question whether the industry needed the tax break to land in Central Washington, given the industry’s thirst for the cheap electricity that the region offers. Others have asked whether data centers produced enough jobs to make the investment worthwhile. State committees charged with overseeing tax programs conducted just the one audit seven years ago, rendering many of those questions unanswerable.

    Meanwhile, the industry is expected to grow with the adoption of artificial intelligence, creating more opportunities for the size of the state’s tax exemption to increase.

    Former Sen. Phil Rockefeller, D-Bainbridge Island, one of the few lawmakers to vote against the original data center tax break, told The Times and ProPublica that it’s very difficult to end tax breaks in Washington state once they begin. The arguments from lobbyists are too hard for lawmakers to ignore.

    “There’s always going to be a professional cadre of lobbyists who will come forward and say, ‘You’re going after us, you’re discriminating against us, or you’re going to damage your relationship with us and we may go somewhere else,’” Rockefeller said.

    Washington’s Data Center Tax Break Has Grown Dramatically in Recent Years

    Washington’s data center tax break was one of the largest corporate tax exemptions in the state in 2023. In 2022, lawmakers opened the tax break to data center companies in urban areas.

    (Source: Annual tax performance report data published by the Washington Department of Revenue) Job Promises

    Early on, Washington leaders listened to the argument from data center companies and their supporters that giant server warehouses could deliver high-tech, high-paying jobs — and that without a tax break, those jobs would never materialize.

    It began with then-Gov. Christine Gregoire, who in 2008 proposed to give rural data centers a 50% rebate on Washington’s sales tax when purchasing replacement server equipment. Gregoire recently told The Seattle Times and ProPublica that she was concerned about unemployment in Central Washington.

    Yahoo and Microsoft had halted construction on expansions to their Central Washington data centers after the state’s attorney general and revenue officials determined they didn’t qualify for the state’s rural manufacturing tax deferral program. Yahoo told Washington lawmakers that refusing to offer the company a tax break could cause the company to move its data centers to Oregon, which does not have a sales tax.

    Microsoft, which owns this data center in Quincy, is the largest beneficiary of the data center tax break, according to preliminary 2023 data from the Washington Department of Revenue.

    Microsoft lobbyist DeLee Shoemaker, who just five years earlier was a top aide to then-Washington Gov. Gary Locke, told the Seattle Post-Intelligencer that the state was “no longer competitive” for the data center industry.

    Cindi Holmstrom, then the director of the state’s Department of Revenue and a Gregoire appointee, told lawmakers that the governor’s proposed tax relief for data centers would bring “high-level information technology services and research and development jobs throughout Washington state.”

    (Two years later, Holmstrom became a lobbyist whose clients included Microsoft.) Holmstrom and Shoemaker did not respond to requests for comment.

    While the Great Recession tanked state revenues, slowing the effort to reduce taxes on data center owners, Microsoft in 2009 made good on its implied threat to relocate. It announced it was moving its Azure servers out of state, citing “local tax laws.” The next year, lawmakers’ hesitation evaporated. They passed a rural data center tax break with only six voting against it.

    Then-Sen. Linda Evans Parlette, R-Wenatchee, one of the bill’s sponsors, emailed lobbyist Rob Makin, who represented Sabey Corp., a Seattle-area real estate development company that evolved into building and leasing data centers. She asked him what to put in a celebratory press release.

    Construction vehicles on a plot next to the new Quincy High School and football field on March 7

    The first among many upsides, Makin responded, was an “immediate stimulus of jobs.”

    “Every citizen in Central Washington will benefit from this legislation whether you are a techno geek or not,” he wrote. Makin did not respond to a request for comment. Parlette said in a recent interview that she didn’t think the tax break brought in as many jobs as people expected at the time.

    The jobs argument came back routinely over the years as lobbyists returned to Olympia to seek expansions of the tax break. Lawmakers repeatedly acquiesced, even as the Washington Supreme Court held them in contempt — later fining them $100,000 a day — for failing to fund public schools.

    House Finance Committee Chair April Berg, D-Mill Creek, who joined the Legislature in 2021 and later sponsored an expansion of the data center tax cut, said the message she heard about the data center industry was clear.

    “It was definitely thought that if we did not have this particular exemption, we would not have this industry any longer in our state,” Berg said in an interview with The Times and ProPublica. “So we had to make a conscious decision to say yes to this industry, which included this tax break.”

    But it’s unclear how essential the tax break was to landing data centers in Central Washington. In 2011 and 2012, several tech companies expanded or built new data centers in Oregon while Washington’s data center tax cut briefly lapsed.

    A badge or permission from security is required to enter the gated parking lot at the Yahoo data center in Quincy.

    On the other hand, Microsoft and Yahoo had plenty of reasons other than tax breaks to locate in Central Washington, including the region’s clean, low-cost hydropower. Tech companies have also built data centers in Silicon Valley despite California’s lack of tax incentives to do so.

    Washington’s Top Five Data Center Tax Break Recipients

    Microsoft led the way with more than $300 million in total taxes exempted from 2018 to 2023.

    (Note: Vantage includes Vantage Data Centers WA13, Vantage Data Centers Management Co. and Vantage Data Centers WA MIDCO; Sabey includes Intergate.Quincy VI, Intergate.Columbia II, Intergate.Quincy and Intergate.Quincy II. Source: Annual tax performance report data published by the Washington Department of Revenue)

    Greg LeRoy, the executive director of Good Jobs First, a left-leaning think tank that has watchdogged data center tax breaks, said tax breaks are “pocket lint” in the true calculus of siting data centers.

    “If you’ve got cheap hydropower, you’re going to get a lot of data centers,” LeRoy said. “Nobody had to abate anything to get those deals.”

    Broader Eligibility, Lower Expectations

    After accepting the industry’s case that the tax break would create good jobs in 2010, the Legislature almost immediately began loosening the law’s requirements for job creation.

    The original bill required each data center to create at least 35 permanent positions at 150% of the surrounding area’s average personal income.

    A second bill, approved just a month after lawmakers passed the first tax break, gave recipients the choice between creating 35 jobs or just three positions per 20,000 square feet of server farm space, whichever was less. While some of the data centers in Grant County were around 500,000 square feet — larger than three typical Costco warehouses — data centers can be much smaller.

    The new legislation allowed data centers to count security and maintenance contractors toward the employee total. Another new provision: Data center building owners and companies that rented space from them could each claim a tax break as long as the building as a whole met the hiring requirements, even if only one of them created new jobs. There were no public hearings before it was approved.

    Lawmakers passed another expansion in 2012. Then, in 2015, lawmakers further broadened the tax break, again without public hearings, while rejecting a bill to increase data centers’ employment requirements.

    As lawmakers dialed back their jobs expectations, they formally declared a different measure of success for the corporate tax cut. Now, the Legislature would continue the incentive as long as the data center industry added new revenue — any new revenue — to rural property tax rolls.

    The property tax was “almost a meaningless standard” to apply to the tax break, said Matt Gardner, a senior fellow at the Institute on Taxation and Economic Policy, a think tank that has advocated for higher corporate tax rates. Job creation is a better measure, he said.

    “Because virtually anything you create, it’s going to add value to the property tax base,” Gardner said. “You build an outhouse, that’s got some value.”

    Priest Rapids Dam and powerhouse are run by the Grant County Public Utility District near Mattawa. “If you’ve got cheap hydropower, you’re going to get a lot of data centers,” said Greg LeRoy of Good Jobs First.

    The tax break continued to drift from its original sales pitch. In 2022, lawmakers moved beyond their original claim that the tax cut was needed to provide rural jobs. They added new incentives for data centers in the Seattle metro area — which already had many data centers — and extended the existing tax break to 2048. New projects were required to pay employees only 125% of the area average income, lower than the previous 150%.

    Despite the tax break’s limited job creation requirements, trade unions supported the 2022 bill because it included a major win for their members — requiring data center construction contractors to have labor agreements covering issues such as wages and working conditions.

    “We were adamant moving forward, corporate tax breaks like that would be attached to something for the citizens of the state,” said Mark Riker, executive secretary of the Washington State Building and Construction Trades Council.

    More than 500 electricians are employed by data centers in the central and northeastern parts of the state, and the industry in the same region supports 350 to 400 apprentices in training as of May, according to the International Brotherhood of Electrical Workers Local 191, which testified for extending the tax break.

    John Traynor, legislative director at the Washington State Labor Council, said he spent months working as an electrician at Microsoft’s data center campus in Quincy.

    “This is exactly the kind of thing we should be doing,” Traynor said of the tax break. “These jobs wouldn’t exist and there wouldn’t be those training opportunities. They’d be done somewhere else with worse environmental standards and worse labor standards.”

    Many conservatives opposed the 2022 law because of the labor requirement. But with labor and business on board with the bill in the Democratic-controlled Legislature, all but one Democrat voted yes and it easily passed.

    Reuven Carlyle, a former state senator who was critical of the tax break’s gradual expansion but voted for the 2022 legislation, said in an interview he chose to not “throw an elbow” to his fellow Democrats while he was pushing a climate-related transportation package. He said the data centers tax break in its current form would never have passed back in 2010.

    “These lobbyists were very strategic, very methodical, very organized,” Carlyle said. “All of a sudden, bills got weaker and weaker in terms of accountability.”

    Nonsensical Job Numbers

    While lawmakers created and then loosened staffing requirements for data center tax break recipients, they did nothing to ensure the public could see how many jobs were created at individual facilities.

    In fact, state law expressly barred Washington’s Department of Revenue from disclosing any information used to determine tax break eligibility — not only for the data centers, but for some other industries receiving tax cuts, too. As a result, the agency’s public disclosures on the number of data center jobs can seem nonsensical.

    The department’s annual tax disclosure report for 2022, for example, attributed 108,320 jobs to the 22 companies that received the data center tax incentive.

    The figure is striking because aside from construction and electrician jobs, data centers employ relatively few people on a permanent basis. Overseeing the servers doesn’t take much labor compared with other large industrial outfits, and the facilities are easy to distinguish from other hulking manufacturing buildings because of their small or mostly empty parking lots.

    The explanation behind the Revenue Department’s seemingly enormous jobs number comes two pages later in its report: The agency counts the entire Washington workforces of companies getting tax breaks. In 2022, the Revenue Department counted in its data center job tally all 70,379 Washington employees of Microsoft. Every programmer, office assistant and executive in the company’s sprawling Redmond campus was included.

    To get more precise statistics, The Seattle Times and ProPublica went to the company itself.

    Microsoft told the news organizations that as of July, it employed 417 people in its Washington data centers. In 2023, Microsoft avoided paying nearly $68.4 million in taxes for those data centers, according to preliminary data from the Department of Revenue. Assuming Microsoft’s savings remained about the same, that would amount to about $164,000 per job from just one year of the tax break.

    In some cases, data center companies reported zero statewide employees but received the tax break anyway, according to the limited information available on the Revenue Department’s website.

    A subsidiary of T-Mobile has avoided paying $5.8 million under the tax break program since 2017 but showed zero employees statewide in the revenue department’s public disclosures, which are drawn from reports filed by companies.

    Washington’s legislative auditor said in 2017 that it was “too early to tell” if tax break recipients would hit minimum hiring thresholds. The state has not conducted a full review since. Data centers are often notable for their small or mostly empty parking lots, such as at this facility in Quincy.

    A T-Mobile spokesperson told The Seattle Times and ProPublica that the company was confident it was in compliance with state law. While the disclosures report employees of “one legal entity within our organization,” the company said, T-Mobile does have employees and contractors working in its Washington data center. The spokesperson did not specify how many.

    The Revenue Department said it has reviewed hiring by 26 tax break recipients but declined to name them or say whether any fell short.

    Some other states with data center tax incentives do release site-specific job information. Illinois, which gave away more than $653.5 million to data centers in 2023, reports annually on the number of jobs each data center has created. Nevada publishes the same information as Illinois every two years.

    But Washington lawmakers twice — in 2009 and 2017 — rejected proposals to do something similar.

    State Sen. Karen Keiser, a longtime member of the state Senate Ways and Means Committee, said she didn’t know that the Revenue Department does not share site-specific employment information.

    “That’s ridiculous,” said Keiser, D-Des Moines.

    After an interview with The Seattle Times and ProPublica, Keiser emailed the Revenue Department to ask for site-specific job numbers and was denied.

    The tax break law does specify a select group of elected leaders who can view the detailed numbers, under strict confidentiality: the governor (or a member of the governor’s office), and the chairpersons of the House Finance Committee and Senate Ways and Means Committee.

    The governor’s office did not have a record of reaching out to revenue officials about this. Among the committee chairs who have served since 2017, three said they hadn’t checked with the Revenue Department for the jobs information, two didn’t respond to questions and one did not remember.

    Postponed Auditing

    Even the state watchdogs responsible for auditing tax breaks have not kept close tabs on the rapidly growing tax cut.

    Lawmakers have ordered five-year reviews of another major tax break recipient: the aerospace industry. But with data centers, the Legislature opted to leave scheduling up to its Joint Legislative Audit and Review Committee and the Citizen Commission for Performance Measurement of Tax Preferences.

    Those committees published their first and only attempt at analyzing the data centers tax break in 2017.

    They found that the data centers, with their enormous square footage, increased the property tax revenue in Grant and Douglas counties by $17.7 million, even as the counties lost $12.1 million in exempted local sales taxes. Whether or not taxpayers came out ahead depended on how badly the tax exemption was needed for companies to locate in these counties, the auditors said.

    A worker on Steven Bierlink’s farm sprays mineral oil on an apple orchard in Quincy. Data centers, which can be seen on the distant horizon, have acquired land closer and closer to the farm.

    Since then, data centers have grown to account for more than 25% of the tax base in Grant County. The assessed value has helped the farming community of Quincy, at the heart of the state’s data center boom, to build a new $80 million high school, city hall, library and police station. It is in the midst of a $55 million project for a new hospital.

    But when it came to data center jobs, the main justification for the original tax break, the legislative auditor, who oversees the research of the legislative audit committee’s staff, said in 2017 it was “too early to tell” whether recipients would hit the minimum job number required of them — which was an overall total of 260 positions at the time. Data center companies had a six-year deadline to fulfill hiring requirements, and the earliest tax break recipients would just be hitting the deadline at the time of the study.

    As of the date of the audit, its authors estimated the state was spending about $205,000 per job through forgone tax revenue.

    The state has not conducted a full review in the seven years since then. In 2022, the Washington Technology Industry Association, a tech lobbying group, estimated that data centers had created 760 full-time jobs statewide over the previous four years. But Grant County remained on the state’s “distressed areas” list in 2023, with an unemployment rate of 5.9%, compared with 4.5% statewide.

    The 2017 review came with a warning: The Legislature, the citizens commission wrote, “should periodically evaluate” whether data center benefits “really exceed the cost of the tax incentives” over the long term.

    Grant Forsyth, the chief economist for private utility Avista and chair of the citizen commission that wrote the admonition, said the audit in 2017 had found the industry in general sustains few full-time, permanent jobs after they’re built.

    “It was this notion that if we were going to continue this tax break, we would have to be with the understanding that it wasn’t necessarily going to be a big job creator,” Forsyth said in an interview.

    Despite the 2017 warning, the legislative audit committee’s staff and the citizen commission canceled a review last year of the rural data centers tax break and recently said an audit might not take place until 2034. The urban program will be evaluated in 2026.

    Asked about the decision to postpone the review, Washington state Legislative Auditor Eric Thomas said the Legislature’s expansion of the tax break in 2022 meant new data needed to be collected. He said his team’s size limits what it can take on each year.

    “We don’t have the capacity to review every [tax] preference,” Thomas said. “I mean, just, we don’t.”

    Virginia, the largest data center market in the U.S., has taken a different approach. The state resolved last year to conduct an in-depth, cost-benefit analysis of its data center industry and tax break. The decision followed a 2019 audit that, despite concluding it was reasonable for the state to continue the tax break, found only “moderate” economic benefit.

    Washington state Sen. Bob Hasegawa, D-Tukwila, a longtime skeptic of the state’s corporate tax breaks, said without a specific disclosure required by state law, such tax preferences lie under a “veil of secrecy.”

    Hasegawa, who proposed limiting the original version of the tax cut but voted in favor of its latest expansion, has tried to add transparency and clawback measures for various state tax breaks, with little success. The state passed so many new tax incentives — about 176 since 2013 — that it’s difficult to make sure they all have adequate oversight standards, he said.

    “If we’re going to allow these companies or corporations to take advantage of these tax incentives, you’re supposed to incentivize something,” Hasegawa said. “We need to know it actually accomplished its goal and created jobs and elevated folks’ standard of living in our area.”

    Eli Sanders contributed research while a student with the Technology Law and Public Policy Clinic at the University of Washington School of Law, and Miyoko Wolf of The Seattle Times contributed research.

    This post was originally published on ProPublica.

  • Jeet Heer, Alexis Grenell, Sasha Abramsky, Erica Etelson, Anthony Flaccavento, Elie Mystal, Joan Walsh, John Nichols, Katha Pollitt

    Nation writers make their cases for who the next Democratic vice presidential candidate should be.

    The post Whom Should Kamala Harris Choose as Her Running Mate? appeared first on The Nation.

    This post was originally published on Article – The Nation.

  • This article was produced for ProPublica’s Local Reporting Network in partnership with The Seattle Times. Sign up for Dispatches to get stories like this one as soon as they are published.

    In a vast stretch of Central Washington’s high desert, the farms and small towns of Grant County sit on nothing short of a gold mine.

    Grant County’s utility district owns two public dams on the colossal Columbia River that are capable of powering more than 1.5 million homes. For decades, this sparsely populated county had enough clean hydroelectricity to meet its own power needs and sell the excess at a low cost across the Northwest.

    Then wealthy companies, catering to the insatiable demands of our digital world, arrived in the county. Attracted by the cheap electricity, they built power-guzzling data centers — the warehouses filled with computer servers that back the modern internet. Local officials welcomed the industry’s economic potential.

    But with demand soaring and the power from dams finite, Grant County has been forced to look to other sources of energy. The problem is so acute that the county is headed for a daunting choice in the next six years: violate a state green energy law limiting the use of fossil fuels or risk rolling blackouts in homes, factories and hospitals.

    High-voltage power lines stretch across the Columbia River at Wanapum Dam, one of two major sources of hydroelectricity for the Central Washington farming community of Grant County.

    At least three utilities in other Washington counties are similarly contending with the voracious demands of data centers.

    State lawmakers set the stage for this reckoning. In 2019, the Legislature passed a measure to make Washington’s utilities carbon-neutral by 2030. At the same time, in the name of bringing jobs to rural areas, lawmakers encouraged the explosive growth of the data center industry through a massive tax break.

    Remarkably, Washington in recent years has gotten a smaller share of its electricity from renewable sources than it did two decades ago, according to the most recent state data. That’s despite the fact the state produces a quarter of the nation’s hydropower.

    “Our existing hydro system is pretty much tapped out,” said Randall Hardy, an energy consultant and former administrator of Bonneville Power Administration, the federal agency that owns Washington’s largest dam. “So you’ve got a dilemma of how you’ll meet this additional load from data centers with clean resources or, frankly, with any resources.”

    Artificial intelligence, which requires extraordinary computing power, is accelerating the need to build data centers across the world, and experts say the industry’s global energy consumption as of just two years ago could double by 2026. Data centers also are relied upon every day by businesses and people for internet searches, storing photos on the cloud and streaming videos.

    Some states and counties with large data center markets have tried to craft policies to mitigate the impact.

    For example, Virginia, home to the nation’s largest market for data centers, has contemplated making them improve energy efficiency and use more green power to qualify for tax breaks. Lawmakers recently ordered an assessment of the industry’s impact on power supply.

    Georgia lawmakers went further, passing a bill — ultimately vetoed by the governor — to suspend its tax breaks for data centers while officials completed a study on power impacts.

    Meanwhile, Washington undermined an effort to study data centers’ power usage. In 2022, Gov. Jay Inslee, one of the nation’s biggest champions of green energy, vetoed a plan — tucked into legislation that expanded the tax break — to understand how much power data centers consume.

    His office defended the veto, saying a study would be duplicative of work underway. Although regional power planners have produced wide-ranging forecasts about data centers’ power use, no one has tracked their rapidly growing energy demands in Washington specifically or the impact of the state’s tax break on its power grid, The Seattle Times and ProPublica found.

    In a statement, Inslee’s office said the industry is not driving power problems statewide. When asked whether the state should study data center power usage, given its growth, Anna Lising, Inslee’s top energy policy adviser, said there’s no need. “I’m not concerned because we haven’t had resource adequacy issues or service issues as a result of it,” Lising said.

    Inslee’s office said he is aware of the need to bring more renewable energy online, and the state is working on it. The statement said Inslee supports the state tax break but would be “open to considering changes.” He declined to be interviewed.

    As temperatures rise and Washington phases out fossil fuels, the need for more clean energy to meet everyone’s power demands becomes increasingly critical.

    Wanapum Dam is capable of generating enough power for more than 950,000 U.S. homes.

    “You get into this question of equity,” said Kevin Schneider, a senior research fellow at Pacific Northwest National Laboratory, a U.S. Department of Energy research facility. “Should people be sitting in overheating houses in order to supply the servers for AI?”

    This very dynamic has placed counties like Grant, despite their abundance of clean energy, in the difficult position of finding enough electricity to feed this power-hungry industry. Conversations about potentially costly growth have created rifts between generational farmers and the county’s ever-expanding tech sector, which also has many local supporters.

    State Rep. Alex Ybarra, a Republican lawmaker whose district includes most of Grant County, said he believes it’s necessary for the data center industry to continue to grow and considers the state’s climate deadlines unrealistic.

    “Let’s not throw the baby out with the bathwater,” Ybarra said about phasing out fossil fuels on the state’s timeline. “If you want to get rid of natural gas, replace it with something before you change it all out. Because if not, we’ll be stuck.”

    Inside Data Centers

    Hyperscale data centers, like the ones in Washington’s Grant County, are massive complexes that cover a minimum of 10,000 square feet and store more than 5,000 servers.

    (Source: International Data Corporation and reporting by The Seattle Times and ProPublica. Graphic by Mark Nowlin/The Seattle Times.) “Power to the People”

    Before the 1930s, most of Grant County had no electricity.

    Private utilities refused to serve rural areas like Grant County, tucked between the rugged Cascades and the sun-baked foothills of the Palouse. Frustrated locals banded together to create their own public utility amid a national push for rural electrification often called “Power to the People.”

    By the 1950s, the public utility used a federal loan and long-term contracts with utilities west of the Cascades to build one, then two, locally owned hydropower dams. Cheap hydro and the expansion of power lines allowed farmers to install electric irrigation pumps and transform the county from an expanse of desert brush and cheatgrass into one of the nation’s leading potato producers.

    Grant County’s Priest Rapids Dam in Mattawa, Washington (first image) and the turbines inside it (second image). Decades ago, the county’s public utility used a federal loan and long-term contracts with other utilities to build Priest Rapids and the Wanapum Dams for hydropower.

    Cheap electricity — among the lowest rates in the country — also drew the burgeoning internet industry to the area.

    Microsoft and Yahoo in 2006 were among the first to break ground in Central Washington. In 2010, Washington lawmakers, hoping to spur economic growth east of the Cascades, began giving data centers a sales tax break on computer equipment, typically replaced every three to five years, and on their installation. For some companies, that amounted to millions of dollars in savings over time.

    Washington eventually became home to at least 87 data centers, according to the industry tracking website Baxtel as of July. Washington is among the top 10 largest data center markets by state, according to Baxtel.

    In Grant County, data centers grew to consume more power than any other category of ratepayer, including other industrial customers, residents, farm irrigation, local food processors and commercial businesses, according to utility officials. Data centers in 2022 accounted for nearly 40% of total demand, or about as much as 190,000 U.S. households, according to utility and state data.

    Grant County’s power infrastructure, such as the transmission lines across the top of Priest Rapids Dam, once provided most of the electricity used by local ratepayers. Now, with rising demand, the county has turned to “unspecified” sources for 80% of its power.

    The increased demand made relying on the county’s traditional source of electricity, the dams, risky, Grant County utility officials said.

    So the local utility launched a new arrangement. It signed contracts with big companies that trade in energy, including Shell and Morgan Stanley, agreeing to exchange most of its hydropower for a steady supply of electricity generated by other, “unspecified” sources of energy. Unspecified power comes from the open energy market, where utilities buy available electricity from a mix of fuels. The sources are usually carbon-emitting fuels like natural gas, according to experts.

    While the county as a whole grew far more reliant on unspecified power sources, some data centers in Grant County, including Microsoft’s, secured specialized contracts with the county’s utility for guaranteed access to hydroelectricity, enabling them to bank the renewable energy toward their own climate goals.

    Right now, Grant County can produce or import enough power to meet its needs. But the county is experiencing an “energy crunch,” according to internal utility documents. By 2025, swapping out hydro for other sources of power will no longer be enough, according to utility officials and documents. The county will be forced to pay out of pocket for contracts with other power suppliers, build its own new sources of generation or consistently buy power on the open market. That’s risky when demand is high and utilities across the West are searching for energy.

    In rural Quincy, Washington, tech companies bought swaths of farmland starting in the 2000s and converted it into data centers, giant warehouses that store computer servers.

    Utility officials have been reluctant to blame the dilemma exclusively on the data center industry, which county leaders would like to keep growing in hopes of more jobs and property tax revenue.

    But an analysis of electricity data by The Times and ProPublica shows the county’s growth in power demand from 2007 to 2022 roughly equaled the demand now attributable to data centers.

    Grant County surveyed residents about the energy crunch last year, hoping to gauge how familiar they were with the county’s need to quickly secure power. The survey produced some shocked responses from ratepayers who said they hadn’t realized how quickly demand was climbing, according to utility documents.

    “2025 seems pretty darn soon — that we’d be there that quickly. I knew we were growing and had increased demand for power, I just had no idea it would be that soon,” one customer replied during survey interviews.

    It will only get harder by 2030, when Washington’s climate laws require utilities to drastically curtail the amount of fuel coming from unspecified sources.

    Ty Ehrman, a senior manager at Grant County Public Utility District, worries it will be impossible to generate enough clean electricity fast enough to meet state mandates.

    Sunrise in Quincy, where agricultural facilities meet transmission lines

    “You’ve really got to kind of start to wonder if we’re going to end up in a place where we end up with rolling blackouts or unintended outages because we haven’t had the full generation capacity to meet it from the green side,” Ehrman said.

    Data centers in neighboring Douglas County, which include cryptomining facilities, used about 39% of the county’s electricity in 2022, according to utility and state data obtained by The Times and ProPublica.

    In Seattle, which has several data centers that are much smaller than Grant County’s giant warehouses, the industry used at least 10% of the city’s power in 2022 — enough electricity for roughly 90,000 homes. The amount of power used by data centers grew fivefold since 2016, the earliest year of available data from Seattle City Light, the municipal utility.

    Dirty Energy

    The energy predicament that places like Grant County are facing was far from the spotlight one sunny afternoon in May 2019, when Inslee stood in a Seattle park to sign legislation cementing Washington’s top spot among climate-conscious states.

    Inslee, who co-authored a book in 2007 calling for bold action against climate change and ran for president on climate issues, declared Washington would lead the nation by eliminating carbon-emitting energy sources.

    “We aren’t done,” Inslee said. “Our success this year is just a harbinger of successes to come. But we’re ready. We can do this.”

    Gov. Jay Inslee shakes then-Seattle Mayor Jenny Durkan’s hand after signing landmark bills in 2019 to wean Washington off fossil fuels. Rising demand from data centers could affect the state’s clean energy plans. (Bettina Hansen/The Seattle Times)

    The Clean Energy Transformation Act calls for Washington’s utilities to become greenhouse gas “neutral” by 2030 and to have 100% renewable or noncarbon-emitting power by 2045.

    Washington was poised to struggle with this target because of the nature of renewable energy. Hydropower is a finite resource without building new dams — a hard sell because of the impact on endangered salmon. With current technologies, the availability of solar and wind power depends on weather conditions.

    The state has added miles and miles of wind turbines and solar farms to its grid in recent years, making up about 9% of its fuel mix in 2022, and is mandating more energy-efficient buildings in the name of power conservation.

    But those efforts compete against growing demand not just from data centers but also from the ongoing transition away from gas-powered vehicles, appliances and industries. Decisions like Grant County’s to exchange dam-generated power for unspecified sources have also reduced the amount of hydro in the state’s energy mix.

    The Wanapum Dam on the Columbia River is owned by the Grant County Public Utility District. Washington’s dams, including those owned by the federal government, produce about a quarter of the nation’s hydropower.

    The net result: The share of hydropower in Washington’s electricity supply fell from an annual average of two-thirds in the early 2000s to just 55% in the five years leading up to 2022, the latest year with data. The share for all renewables fell from 67% to 61%.

    Meanwhile, Washington’s reliance on natural gas and unspecified fuels has increased, accounting for about a quarter of the state’s electricity on average from 2018 through 2022.

    Washington’s Electricity From Hydropower Has Gone Down While Nonrenewable Sources Have Grown Note: Renewable sources of electricity are hydropower, wind, biomass, geothermal and solar. Nonrenewable sources include nuclear, coal, natural gas, petroleum, waste, landfill gas, cogeneration and others. (Source: Washington Department of Commerce)

    The dependence on unspecified fuel became the most pronounced in two Central Washington counties with major data center markets, state data shows. In Grant County, because it sold hydro in exchange for energy from other fuels, more than 80% of electricity came from unspecified sources in 2022.

    Douglas County also has experienced rapid growth in data centers, and it had a dramatic drop in its percentage of hydropower.

    Microsoft, which built data centers in both counties partly because of hydropower, also understands the limits of this energy source and is “not going to push something until a break,” said Noelle Walsh, who leads the team responsible for the company’s data center operations.

    The company has committed to eliminate its carbon emissions by 2030 and recently expanded data center operations in Arizona partly due to constraints on the availability of renewable energy in Washington, Walsh said.

    Transmission lines that carry power across the Columbia River Basin run past agricultural fields near Vantage, Washington.

    The possibility that data centers would make it harder to phase out fossil fuels rarely came up when lawmakers created and then expanded the tax break that encouraged data center development since 2010.

    Reuven Carlyle, a former lawmaker who spearheaded Washington’s clean energy law, said, in hindsight, the cumulative impact has become clear. “The aggregation of demand today — now that is a serious concern,” he said.

    The concern finally came onto the Legislature’s radar in 2022, when lawmakers took up the latest proposed expansion of the tax break. They voted to authorize up to $400,000 to study data center power usage in Washington.

    “We wanted answers about this industry that we were about to unleash successfully in our state again,” said Rep. April Berg, D-Mill Creek, who sponsored the legislation. She and other lawmakers had heard “anecdotally” about data center power usage but wanted more details, she said. “A study could have come back and said, ‘Here are all the potential issues.’”

    Inslee, the leading champion of clean energy goals, stood in the way of doing so in Washington. He vetoed the provision calling for an energy study — one of just 18 full or partial vetoes out of more than 300 bills that crossed his desk that year.

    State Rep. Alex Ybarra, right, and Kelley Payne, a spokesperson for the state House of Representatives, lead a tour of Quincy’s state-of-the-art high school, which opened in 2019 and was financed with property tax revenue that city and state officials have attributed to data centers.

    Inslee’s office justified it by saying the Northwest Power and Conservation Council was already doing the work that was needed.

    The council does release regional power use forecasts, including for the data center industry based on limited publicly available information and utility trends.

    But the provision that Inslee vetoed was intended to provide answers that the council has not, its sponsors said: information specific to Washington’s data center industry and how the state’s tax incentives impact the power grid. The bill also included language designed to ensure the research wasn’t duplicative of the council’s work.

    The council’s forecasts for data centers this year were wide-ranging, where lawmakers had hoped for more precise data to inform future policy decisions.

    Sen. Matt Boehnke, who co-wrote the study provision, said he was shocked and frustrated by Inslee’s veto of a provision approved with bipartisan support. Lawmakers had been in touch with the governor’s office while writing the bill, he said.

    “Why veto it last-minute? Why not work with us to amend it?” said Boehnke, a Richland Republican.

    When asked about the impact of data centers on the ability of utilities to meet Washington’s clean energy mandate, Inslee’s office said that the increased use of unspecified power is driven by Grant and Douglas counties. Both have large data center markets.

    Inslee’s office said in its statement that Grant County’s choice to swap hydro for energy from unspecified fuel sources was “a business decision” by the utility and that it is still responsible for complying with the state’s green energy law.

    Asked to comment on the governor’s office’s position, officials in Grant County said they made choices they felt were necessary to keep the lights on.

    While Washington lawmakers didn’t get the study of state power use they authorized, the numbers for the region as a whole are eye-popping.

    The power and conservation council predicted this month that by 2029, data centers in the Northwest could grow to use more electricity than the average annual consumption of Puget Sound Energy, the region’s largest utility with more than 1.2 million residential, commercial and industrial customers.

    That’s a middle-of-the-road estimate. On the high end, the council estimated that power-guzzling data centers could push the grid past its limits in just five years.

    “The power demand from data centers,” said Hardy, the former Bonneville Power Administration official, “combined with other growing demands, and with that transition from fossil fuels to renewables, will inevitably lead to big rate increases.”

    Unease in Grant County

    In Grant County, the rise of data centers has created a sense of unease for some residents.

    In October, rumors about major rate hikes targeting Grant County’s data centers started to spread after utility Commissioner Nelson Cox said he supported doubling their rates. The utility wasn’t considering such a proposal — the comment was meant to “shock and awe” and spark conversation, Cox later said — but data center lobbyists and executives rallied.

    Microsoft operates one of the largest data centers in Quincy. The nondescript campus houses giant warehouses and diesel-powered backup generators.

    “If we are to have any chance of stopping this, WE NEED TO PACK THE COMMISSION ROOM ON TUESDAY 10/24,” read an email from Ryan Beebout, a vice president at Sabey, a Seattle-based company that owns data centers across the state. The email, obtained by The Times and ProPublica through a public records request to the utility, went out to a coalition of Central Washington data centers that included executives at Microsoft and Yahoo. Beebout and Sabey did not respond to requests for comment.

    Representatives from data center companies filled the commission chambers for the October meeting and pushed back against rate hikes for industrial customers.

    Grant County Public Utility District Commissioner Nelson Cox, a farmer, rattled some data center operators last fall after he suggested doubling the industry’s power rates. His comment was only meant to “shock and awe,” Cox later said.

    Cox cut in. The timing of this entire discussion wasn’t right, the utility commissioner said, noting that it was the middle of harvest season, when farmers couldn’t take time to show up. He encouraged representatives from agriculture and tech to attend a November meeting.

    Come November, the commission chambers of the Grant County Public Utility District were as crowded as longtime employees had ever seen them. Half the room wore dirt-covered work boots and flannel shirts; the other half wore loafers and pressed button-downs.

    Grant County needed to raise power rates, commissioners said. How the utility would implement the increases turned into a debate over identity, pitting farmers against tech workers. The leading proposals that were on the table would hit farmers harder than data centers.

    Murray Van Dyke runs his tractor on the alfalfa fields of his family farm near Quincy in March. He and fellow farmers attended a Grant County Public Utility District meeting in November to voice concerns about the possibility of new electricity rate hikes amid the growth of data centers.

    Murray Van Dyke, a hay and alfalfa farmer in his 70s, stood up and asked to speak. The need to build costly new infrastructure, a key factor behind talk of rate hikes, was driven by “one area of our town that uses a lot of power,” Van Dyke said, a reference to data centers.

    Van Dyke and other farmers shared concerns about being asked to bear the costs. “We’re just trying to be fair,” he later told The Times and ProPublica.

    High-power transmission lines run between an Amway manufacturing facility, left, and a Microsoft data center, top left. The rising use of artificial intelligence is expected to increase demands for power.

    As local utilities like the one in Grant County grapple with the impact data centers are having on the electrical grid, one influential Washington lawmaker is rethinking whether the state should promote the industry’s growth through tax breaks.

    Sen. Jamie Pedersen, D-Seattle, the majority floor leader, voted in favor of the data center tax break in 2022. But given the state’s goals for electrification and moving away from carbon, he said he doesn’t find the industry’s economic development promises as compelling as he once did.

    “It doesn’t any longer seem like it’s a great idea to put a bunch of super energy-hungry data centers in the middle of the state using a lot of our clean electricity,” Pedersen said.

    About the Data

    The Washington Department of Commerce collects from public and private utilities annual data tracking the fuel used to deliver electricity to their customers. The data — available for 2000 through 2022 — breaks down a utility’s fuel mix into categories that include hydropower, natural gas and nuclear energy.

    Some electricity falls into the category unspecified, used for power purchased from an open market across the region. The power is untraceable as it is made up of a mix of available fuels. Experts say that most of that fuel is typically natural gas.

    Before 2018, Washington officials used an industry formula to break down how much unspecified fuel came from each of the named categories of fuel sources. The state abandoned the effort because the formula wasn’t necessarily an accurate way to attribute fuel sources, said Glenn Blackmon, Washington’s energy policy manager.

    Coincidentally, local data from Grant County shows 2018 was also a year when its use of unspecified power jumped after signing additional contracts to sell most of its hydro supply. The numbers indicate that the growth statewide that year was not merely attributable to Washington’s change in accounting methods. Increases in unspecified power use by Chelan and Douglas counties came well after the accounting change.

    Because water levels fluctuate from year to year, the amount of hydropower generated in Washington varies. Blackmon said it’s best to compare 2016 and 2022, the recent period when water levels were most stable. The share of hydropower in the state’s electricity mix dropped 10 percentage points. The overall share of renewables also declined.

    Without statewide figures on data center power usage, The Times and ProPublica attempted to track trends by collecting data from a handful of public utilities with large data center markets, including Grant County’s. Many utilities do not track data centers, and such data is not available from private utilities.

    Seattle City Light, the municipal utility, doesn’t track all data centers but formulated its best estimate of their energy use at our request.

    Eli Sanders contributed research while a student with the Technology, Law, and Public Policy Clinic at the University of Washington School of Law.

    This post was originally published on ProPublica.

  • Alto Turiaçu, July 2024

    In the Indigenous territory of Alto Turiaçu, in the Aldeia Ararorenda of the Ka’apor people, in the state of Maranhão, Brazil, from the 9th to the 11th of July, we held our first meeting as indigenous peoples, peasants, traditional communities, quilombolas (descendants of escaped slaves), organizations defending Indigenous rights from different countries in the Pan-Amazon region and Central American territories, where projects known as REDD+ (Reducing Emissions from Deforestation and Forest Degradation) have arrived. To make it easier, when we refer to REDD below, we are also including other names created using the same logic as REDD (for example, when talking about forest carbon projects, nature-based solutions, or jurisdictional REDD programs implemented by state or provincial governments and national governments, among others).

    After three days of sharing experiences and analyzing what REDD+ really means for our peoples and territories, we concluded that we are facing two projects: one is the death project that oil, mining, hydroelectric and large infrastructure companies, agribusiness, and now compensation projects such as REDD, together with nation-states, promote, and second, a life project that is carried forward by our peoples and communities through respect and care for our territories.

    In view of this, we issue the following statement, so that our brothers and sisters from different peoples and communities do not fall into this trap:

    REDD’S DEATH PROJECT

    1. Breaks the unity and harmony of our people and generates conflicts, including within our own families.

    2. Threatens the lives of women, children, and the elderly, by depriving us of the subsistence we have in our forests for food and access to water.

    3. Criminalizes the livelihoods of our people and communities.

    4. Manipulates our leaders into signing contracts without the consent of our people.

    5. Seeks greater economic benefits for its businesses and encourages deforestation, because the more deforestation there is, the more business for companies that sell carbon credits.

    6. Take control of our territories and take away our autonomy.

    7. Like other false solutions to the climate catastrophe, called “unconventional oil exploration”, “biofuels,” “responsible mining,” or “green gold,” “energy transition,” it is greenwashing that allows companies to continue their business and polluting.

    Furthermore:

    8. Compensation mechanisms, such as REDD, allow companies to continue polluting and do not reduce emissions.

    9. REDD promotes the creation of protected areas, depriving us of livelihoods and banning us from our territories.

    10. We reject the 30×30 goals that seek to achieve conservation affecting our territories while protecting the interests of large companies.

    11. Governments violate Constitutions and change laws that protect our territories to facilitate and favor extractive companies and REDD-type projects.

    REDD projects are projects of death, because instead of protecting, they are destroying nature and our people.

    IN OUR LIFE PROJECT

    1. We defend our territories, our rivers, forests, sacred sites, spirits with whom we interact so that they can live and so that we can live, our ancestral knowledge and culture, our medicinal plants, materials for our homes, for crafts that we use for our subsistence, our food.

    2. We demand and fight for the titling and demarcation of territories.

    3. We recognize and respect the rights of nature in harmony with people.

    4. We defend self-government, self-determination and autonomy of peoples.

    5. We defend and respect our ways of life, which are those that guarantee the defense and care of our territories.

    6. We demand the implementation of the fundamental right to consultation and free, prior and informed consent, respecting the right of veto, considering ILO Convention 169 and the various agreements and declarations of international law.

    7. We recognize and respect traditional knowledge as a fundamental condition of life.

    8. We respect and fight for health and education in our languages ​​and cultures.

    9. We fight for territories of peace, free from companies and government policies that pollute and destroy.

    10. We advocate and work to create opportunities for our young people based on our knowledge and wisdom.

    11. Our territories have no economic value. They are financially invaluable.

    12. We emphasize the central role of women in defending our territories.

    13. We urge human rights organizations to speak out and defend respect for the territorial rights of our peoples.

    They have been killing us since colonization began more than five centuries ago. Currently, oil, mining, agribusiness, hydroelectric and other infrastructure projects and carbon offset projects, such as REDD, together with State policies, continue the ethnocide of our people, killing our cultures, languages, identities , knowledge, and wisdom.

    ENOUGH! NO to REDD!

    Translation by Forrest Hylton.

    The post Our Life Project Against Their Death Project appeared first on CounterPunch.org.

    This post was originally published on CounterPunch.org.

  • ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published. This article was produced in partnership with The Frontier. Additional funding for this story was provided by The Pulitzer Center.

    On the morning of April 12, the farmworker woke up struggling to breathe and delirious with fever.

    Jiaai Zeng had spent the past month working nonstop at a marijuana farm in Oklahoma run by fellow Chinese immigrants. The job was brutal, the 57-year-old had told relatives in New York. He said his bosses made him labor up to 15 hours a day in the blast-furnace heat of a greenhouse. He was feeling awful even after a visit to the doctor, so he planned to return to New York that evening for medical treatment.

    At 9:38 a.m., Zeng sent an audio message to a cousin in Manhattan’s Chinatown. In an agonized whisper, he asked her to buy a bag of oranges for when he arrived.

    “I don’t want to eat anything,” he said, speaking a dialect of Fujian province. “I just want to take a look at oranges and see if I’ll have an appetite.”

    About an hour later, Zeng was unconscious and had no pulse when three people from the farm drove him to a nearby hospital. They dropped him off and left in a hurry while doctors were trying to revive him, according to a hospital report.

    By 11:05 a.m., Zeng was dead.

    “This death is not normal,” said his nephew, Westin Zeng, in an interview with ProPublica and The Frontier. “He lives there for a little bit over 30 days: from a healthy person to a dead person. It doesn’t make sense to me. … In my mind, there’s a logical link from his work to his illness, and from his illness to how they handle that, and a link to his death.”

    The farmworker’s story gives a glimpse into the harsh and often abusive conditions endured by the tens of thousands of Chinese immigrants who have quietly become the backbone of many U.S. marijuana operations.

    “It is one of the most deplorable parts of what we see in this industry,” said Donnie Anderson, the director of the Oklahoma Bureau of Narcotics, who met with Zeng’s relatives and ordered an investigation.

    Cannabis farms have boomed in states that have passed medical and recreational marijuana laws. But when voters in Oklahoma approved a law allowing the cultivation of medical marijuana in 2018, legislators didn’t develop corresponding regulations to protect employees. Oklahoma’s historically weak labor enforcement system leaves the protection of workers largely to the federal government. And the U.S. Department of Labor has limited oversight because marijuana is illegal at the national level.

    As a result, workers who are already isolated by language and culture have found themselves largely at the mercy of their employers, often criminals who rely on Chinese immigrant labor. As ProPublica and The Frontier have reported, Chinese mafias — some with suspected ties to the Chinese government — have taken advantage of state-level legalization to dominate a nationwide black market for marijuana.

    During raids, inspections and investigations at more than a thousand farms over the past five years, Oklahoma law enforcement officers, fire marshals, federal labor inspectors and other officials have encountered a litany of abuses: bosses threaten and beat workers, sexually assault them, steal their wages, confiscate their IDs, restrict their movements and force them to work in dangerous heat with noxious chemicals and pesticides. Wrongdoing is rampant at many Chinese-owned farms, where immigrants are often so fearful of their employers and the authorities that they do not cooperate with investigations, according to law enforcement officials, court cases, human rights advocates and workers.

    The mistreatment and squalid conditions are the hallmarks of human trafficking, said Craig Williams, the chief agent of the marijuana and human trafficking sections of the Oklahoma Bureau of Narcotics.

    “It’s hard to convey what it’s like until you’re standing there, looking at the people, looking at the environment, smelling the environment, seeing what they’re living in,” Williams said. “Your heart goes out to them like, ‘This is just wrong.’”

    While problems are particularly bad in Oklahoma, studies and media reports have detailed similar risks nationwide to laborers, many of them recent arrivals who crossed the Mexican border illegally. Exploitation of Chinese immigrants pervades the marijuana underworld from California to New Mexico to Maine, according to interviews and court cases.

    And even overseas, authorities have found patterns of mistreatment at Chinese-run marijuana sites from Chile to Ireland.

    “These are people living in a situation of semi-slavery,” said a police official in Spain, a center of illegal marijuana cultivation in Europe, who spoke on the condition of anonymity for safety reasons. “They are locked up 24 hours a day. They don’t know what country they live in. They don’t have contact with the outside world.”

    During raids in 2021 on cannabis plantations hidden in warehouses near Barcelona, Spain, police freed 10 immigrants from Fujian whom gangsters had forced to work to pay off smuggling debts of up to $35,000. The drug traffickers locked the workers in the dirty, windowless buildings, making them sleep on mattresses on the floor. Some of the victims spent up to a year in captivity, police said.

    “Everyone has a different story, but the bottom line is that they have not escaped the darkness of China,” said Ju Ma, a Chinese human rights advocate who runs a migrant shelter in New York that has aided marijuana workers.

    In the Zeng case, the federal Occupational Safety and Health Administration and the Oklahoma Bureau of Narcotics are investigating. The Office of the Chief Medical Examiner recently concluded that the cause of the farmworker’s death was pneumonia.

    “They are making so much money in the marijuana industry, but they are treating the workers like slaves,” Westin Zeng said. “I want to find out everything that happened and get justice for my family.”

    The farm’s owners have not been sanctioned or charged with a crime in relation to the case. Jeffrey Box, a lawyer for one of them, rejected the Zeng family’s allegations that neglect and harsh working conditions played roles in the farmworker’s death.

    Official data and reports on labor in the marijuana industry are sparse, and Chinese workers rarely talk about their experiences. To report this story, ProPublica and The Frontier interviewed several dozen current and former law enforcement officials in the United States and overseas, other government officials, farmworkers, human rights advocates, lawyers and others. Reporters also reviewed court documents, medical files, government reports and social media posts in English, Chinese and Spanish.

    The reporting reveals a saga of despair that remains largely out of sight for the U.S. public. Zeng’s case is rare because his family has spoken out. Many Chinese immigrants enter the nation’s marijuana industry hoping to plant the seeds of new lives, but they end up suffering in silence.

    “If they go missing, no one’s going to report anything,” Williams said. “I sincerely wonder how many people are buried on illegal marijuana grows.”

    The Journey

    Jiaai Zeng (Courtesy of Zeng’s family)

    Zeng was born in a village in Yongtai County, Fujian. His nephew remembers him departing at dawn to cultivate rice and plum trees, and returning after dark.

    “If people were carrying two baskets of stuff, he carried four,” said Westin Zeng, now a 32-year-old business consultant in New York.

    A father of two, Zeng also did itinerant manual labor in Shanghai and other cities to support his family, including his father and a grandson who are both disabled. In 2021, he converted to Christianity (his U.S. relatives are Christians), which caused police in his hometown to harass him, according to an account he later wrote for a U.S. immigration court. At the same time, the pandemic was worsening China’s economic woes and the hardships of its working people.

    Zeng decided to leave. His U.S. relatives lent him about $65,000 for the smuggler’s fee. The money included a payoff to expedite issuance of a passport by Chinese officials in Fujian, a coastal province whose longtime smuggling underworld intertwines with official corruption. Zeng traveled via Bolivia and Mexico, climbing the border fence into San Diego in December 2022. After Border Patrol agents arrested him, he requested political asylum and was released.

    He arrived during a multiyear surge of immigration from China. In the first eight months of the 2024 fiscal year, the U.S. Border Patrol apprehended around 31,000 Chinese nationals illegally crossing the southwest border. That’s over 15 times more than the entire 2019 fiscal year.

    Some Chinese border-crossers find work in marijuana operations after they arrive. Others are smuggled across the globe specifically to work in the cannabis industry.

    A former senior Drug Enforcement Administration official said the agency has learned about these clandestine labor pipelines from informants and a jailed high-level human trafficker and money launderer.

    “The word goes out: We need more manpower for all these marijuana farms,” said Christopher Urben, who is now a managing director at the global investigations firm Nardello & Co. “The same networks are involved in weed, money laundering and human smuggling.”

    Blackwell

    Zeng became a regular worshipper at this church in New York. (Sebastian Rotella/ProPublica)

    When Zeng reached New York in early 2023, he gave thanks at a Fujianese church in Chinatown and became a regular worshipper.

    “He was surprised how much people were willing to support him,” Westin Zeng said. “He was really touched. He told my father it’s totally different here.”

    Zeng first worked at a restaurant and then, at the suggestion of a cousin employed in the marijuana industry in Oklahoma, spent a month last summer working at a marijuana farm there. He had no complaints about that experience, his family said. He saved money to send to family in China and to pay off debts incurred by his overseas journey.

    Back in New York, Zeng, who had just gotten Medicaid insurance coverage, underwent a medical checkup in early March that did not find serious ailments, according to the doctor who examined him, medical documents and his family.

    On March 7, Zeng returned to Oklahoma to work at a farm in the small town of Blackwell, near the Kansas state line. Photos and public records show the 65-acre lot had six greenhouses and nine indoor grow houses and, according to Zeng’s family, the farm employed about 13 workers. The metal fence displayed signs depicting a pistol above the warning “Lawful Concealed Carry Permitted on Premises.”

    Zeng earned about $4,500 a month for trimming plants, spreading fertilizer and doing pest control, his family said. His shift began at 7 a.m. and lasted as late as 10 p.m., with no days off. He slept in a cubicle in a partitioned room in the red-roofed main house.

    In calls to relatives, Zeng sounded unhappy. Although his bosses and co-workers were also Fujianese, they mistreated him because they were from another county with a different dialect, he told his relatives. The meals were meager, workers were quitting because of the intense pace and the plastic-covered, dome-shaped greenhouses were infernally hot, he told them.

    “He was complaining to my aunt that he had to work almost naked because it was too hot in there,” Westin Zeng said. “The only way to cool down was to spray himself with water.”

    Oklahoma Bureau of Narcotics agents took these photographs to document the extreme heat in greenhouses on marijuana farms; the temperature was in the triple digits even after the plastic sides of the buildings were cut open for ventilation. (Oklahoma Bureau of Narcotics)

    Investigators have documented heat reaching over 120 degrees at some farms, Williams said. During raids, agents routinely cut the sides out of the greenhouses to dissipate the heat and fumes from chemicals. Agents wear oxygen monitors because farmers pump in CO2 to enhance the growth of plants, a practice that depletes oxygen levels without agents, or laborers, realizing it.

    “I worry about our agents’ health all the time,” Williams said. “And those workers are living in it.”

    Government and academic studies have found that heat and humidity in the greenhouses can promote bacterial growth and cause heat stress, and that chemicals, gasses and other substances at marijuana farms can result in ailments ranging from allergies to fatal asthma. Other research shows that extended time in excess heat can cause human organs to shut down.

    Fires and explosions are another hazard. And many farmers use toxic pesticides smuggled from China or across the Mexican border that have made workers sick in California, officials said.

    The extent of such hazards at the Blackwell farm is not clear. Zeng told his family that he sometimes wore a mask because of the smell of chemicals and marijuana, his relatives said.

    Box, the lawyer representing an owner of the farm, disputed the family’s allegations about extreme heat and other conditions at the farm.

    Zeng worked at this farm in Blackwell, Oklahoma. (Garrett Yalch/The Frontier)

    Around April 9, Zeng fell ill. Someone from the farm took him to a doctor in Oklahoma City on April 10. The doctor diagnosed cystitis and a urinary tract infection — conditions that research shows can be exacerbated by heat stress — and prescribed an antibiotic, according to medical records and the relatives. (The doctor declined a request for comment.)

    That night, Zeng talked to his family about flying back to New York, where his insurance would help cover further treatment.

    “I want to give it a few days, wait until I get better, then leave,” he said in an audio message.

    Despite the antibiotic, his condition deteriorated. His bosses bought him a plane ticket to New York for the afternoon of April 12, his family said. That morning, he recorded the audio message to his cousin.

    “You can hear he was dying,” Westin Zeng said.

    At 10:35 a.m., an hour after Zeng sent the message, a minivan pulled up to the emergency room at Stillwater Medical Center-Blackwell. Nurses found Zeng slumped unconscious wrapped in a blanket. They began CPR, put him on a stretcher and rushed him inside, according to the hospital report.

    The woman and two men who brought him from the farm claimed they did not speak English and provided little information “other than the patient’s date of birth and his name,” the report says.

    Using a Mandarin-speaking phone interpreter, the nurses got a few answers from the woman, who identified herself only as Stella. She “was not very forthcoming” and asked several times when she could leave, the report says. She denied knowing Zeng but explained that he worked at a marijuana farm, had been sick two or three days and had seen a doctor, the report says.

    Stella “left with the other two males,” the report says. “CPR continued.”

    Doctors pronounced Zeng dead a half hour after his arrival. Tests revealed he had sepsis and pneumonia, the report says. A hospital spokesperson declined to comment.

    “Selling Hope”

    (Stefano Summo for ProPublica)

    Zeng died at a time when Oklahoma is confronting the dark side of its rush into the marijuana frontier.

    In 2018, voters passed the ballot petition that legalized medical marijuana with 56% of the vote. The petition written by citizens included virtually no regulations. The following year, the state Legislature approved several regulations protecting consumer access to medical marijuana, but it did not address the health and safety of the marijuana workers.

    At the peak of the billion-dollar marijuana boom in 2022, the state had almost 10,000 cannabis farms, which have an estimated average workforce of 15 to 20 employees per site. Although a crackdown on black market marijuana trafficking has cut the number of farms, authorities still come across abusive, squalid and unsafe workplaces.

    Problems are endemic at Chinese-owned farms engaged in illicit activity, officials said. Workers often tell investigators their bosses promised to pay them at harvest, then claimed the harvest wasn’t big enough. Owners sometimes offer new hires an eventual cut of the profits, and even entice them to invest hard-won savings in the ventures, then rip them off, according to law enforcement officials and workers.

    “We see promised pay that hasn’t been delivered on very frequently now,” Williams said. “They think they just have to work in a really bad environment for a while and think it’s going to pay off at the end. They don’t realize they’re working on an illegal grow. And that the work they’ve done, they’re never going to get paid for anyway. To some degree, they’re selling hope.”

    In a rare workplace enforcement case in 2021, the Oklahoma Department of Labor judged that four Chinese employees were owed a combined total of nearly $57,000 in unpaid wages and damages after investigators found they were not paid for months of intense physical labor at a marijuana farm in southern Oklahoma.

    “We were overworked,” said Yulin Zheng through an interpreter in an interview with ProPublica and The Frontier. Nearly 50 employees worked up to 14 hours a day, no days off, and lived in trailers without air conditioning, she said.

    Zheng and her husband, Chang Qin Jiang, both in their late 60s, took jobs in Oklahoma after someone told them cannabis was a lucrative industry. They were each paid $4,000 in cash the first month. But the next month, a boss told them he didn’t have the money, according to screenshots of text messages they included in a complaint to the Labor Department.

    “I’ll pay the wage in several days, probably next week,” he said in a text message. “Believe me!”

    The cash never came. Months later, he told them they could make money if they bought one of the farm’s greenhouses to grow and sell marijuana themselves, the couple said.

    “It was like a chicken game,” Zheng said. “They were trying to keep as much money as possible.”

    The employer eventually abandoned the farm, leaving many workers without food or transportation, according to the couple and court documents. The couple’s son in California drove to Oklahoma and helped them file the successful claim.

    Later, an owner of the farm tried to apply for bankruptcy, but a court found she had not disclosed hundreds of thousands of dollars in income from marijuana ventures, court documents say. Public records also show that the phone number for the farm belongs to the Chinese owner of a furniture store in Oklahoma City that the FBI raided last year in an investigation that led to three other people being convicted. Investigators found that the store was being used as a front for a criminal network that trafficked marijuana to the East Coast using fake Amazon delivery vehicles.

    Workers at other farms have recounted their struggles in Chinese-language blog posts. In 2021, an electrician at a farm near Maramec, Oklahoma, alleged that his employer threatened to “have our legs broken” when he and his wife asked for months of wages they were never paid. Another woman at the same farm described how a boss “grabbed an iron bar and a gun” to menace her during a confrontation over unpaid salary. Court documents show the farm was later raided and the owner convicted on drug charges.

    Scams are common in other states as well, according to interviews and court files.

    “What we see is Chinese nationals who are either here legally … or were smuggled in across the Mexican border and are forced into labor, or more often tricked into labor,” said Kevin McInerney, a commander at the California Department of Cannabis Control.

    Agents in Southern California are investigating the recent case of a woman who invested $10,000 to work at a marijuana farm in exchange for a small monthly wage and an eventual cut of the profits. After she toiled in awful conditions, the employers refused to pay her first month’s salary. She stopped working in protest, so they drove her out into the desert and abandoned her at a gas station, officials said.

    Pervasive criminality makes the marijuana business “inherently more violent” than other industries, said Whitney Anderson, who directs The Dragonfly Home, a shelter for victims of human trafficking in Oklahoma City.

    Workers in Oklahoma have suffered beatings and even died in robberies and shootings. In one case, an employee told police her boss grabbed her by the hair, fired shots near her head and threatened to kill her and her daughter, according to court documents.

    Sex crimes are also a danger. A 42-year-old former supervisor at a cannabis farm in Noble County is facing charges of rape and sexual battery after he allegedly assaulted an employee in her sleeping quarters in 2022, court documents say. He had previously tried to assault her at work by slipping a dose of ketamine into her drinking water to incapacitate her, but a co-worker intervened, the documents say. The former supervisor has pleaded not guilty and is awaiting trial.

    “I’m so scared [he] will take revenge on me, my daughter, or family,” the woman wrote in a request for a protective order. “I have to live in fear every single day.”

    And in another dramatic incident in 2021, a Chinese worker in Garvin County escaped from a marijuana farm and ran to a nearby house, where he banged on the door screaming for help. A man and a woman chased him down and tried to drag him back across the road, according to 911 call transcripts, court records and interviews.

    “They had a big old fight in my front yard,” Diann Skinner, who lives in the house, said in an interview. “They’d tackle him, he’d get up and take off and they’d tackle him again.”

    Frightened neighbors and passing drivers called police, who arrived as the assailants wrestled with the escaped worker. The 37-year-old victim told officers that the woman and two men had held him against his will for three months and forced him to work. He was “extremely scared” of his captors and “believed they would try to kill him,” a police report said.

    Police found 1,500 pounds of illegal marijuana, $32,000 in cash and two pistols in the run-down property, which served as a processing depot for Chinese-owned farms involved in illicit trafficking, according to court documents and interviews.

    Prosecutors filed charges of kidnapping and drug trafficking against the suspects. But the victim quickly left the state, making it impossible to pursue the kidnapping charge. The two men were convicted of the drug offenses and sentenced to two years in prison. The charges against the woman were dropped.

    Fifty Thousand Dollars

    Westin Zeng (Clifton Adcock/The Frontier)

    The day after Zeng’s death, his distraught nephew hurried to Oklahoma City and met with a man and four women from the farm. They had a tense conversation in the lobby of an apartment building, he said.

    “They said, ‘We did everything right,’” Westin Zeng said. “The attitude of these people to me was, the whole tone of the conversation was, ‘It was your uncle’s fault.’”

    The group did not give their names and offered to pay $50,000 if the family kept silent, Westin alleges. He said he refused.

    ProPublica and The Frontier used photos, social media, public records and other sources to identify the owner of the farm, Xiuna Chen. Westin Zeng recognized her as one of the people at the meeting.

    Chen has not been charged with any crime. But public records show that her Blackwell farm has multiple ties to another farm that was recently raided by the Oklahoma Organized Crime Task Force, which led to six indictments. The defendants have pleaded not guilty.

    Chen referred reporters to Box, her lawyer, who accused the dead worker’s family of trying to “shake down” his client “for a ton of money.”

    Another woman that Westin Zeng recognized from the meeting is Zhixin Liu, who on social media goes by Stella — the name given by the woman who brought Jiaai Zeng to the hospital. Liu’s phone is on the marijuana license for the Blackwell farm, and she is identified as its owner on a report by firefighters who responded to a fire there in April.

    In 2022, Liu established a corporation with Zenith Top LLC, an Oklahoma City firm that has been raided for allegedly setting up illegal marijuana ventures, public records show. She listed her address as a house that belongs to a suspected owner of Zenith Top, according to public records and court documents. The owners of the firm have not been charged, though agents have executed search warrants and initiated money forfeiture actions against them that are awaiting trial.

    Liu declined requests for comment.

    While in Oklahoma, Westin Zeng met with the state anti-drug director and an official at OSHA. Officials at both agencies told ProPublica and The Frontier that they are investigating the farmworker’s death and the Blackwell farm.

    The family’s engagement with authorities is unusual. Many workers who feel they have been victims of wrongdoing don’t have contacts in the U.S. or their relatives are fearful and speak little English, officials said.

    Last year, the state narcotics bureau succeeded in building a human trafficking prosecution in a grim case: The accused ringleaders forced women to work as prostitutes at a brothel catering to owners and managers of Chinese-owned marijuana farms, flying the women to Oklahoma City from New York, according to court documents.

    In general, though, the reluctance and elusiveness of victims discourage authorities from filing charges of human trafficking or workplace abuses. They focus instead on drug-related offenses by the owners.

    The clash between state and federal laws combined with weak regulation make workers in Oklahoma especially vulnerable.

    Oklahoma leaves regulation of workplace safety to OSHA, but the agency does not proactively monitor marijuana worksites in Oklahoma, and it only investigates in extreme cases such as job-related injuries or deaths, officials said. Because marijuana remains illegal at the federal level, OSHA has not developed specific workplace safety regulations for the cannabis industry, and relies mostly on the agency’s general duty clause, which covers all employers, for enforcement.

    By contrast, in California, which has its own state-level workplace safety agency, a state task force requires owners of marijuana operations to take a training course and create a written injury and illness program. Even owners of illegal growing sites are subject to such rules, a spokesperson for the California Department of Industrial Relations said.

    Oklahoma leaders say they are trying hard to overcome a bureaucratic limbo. The state labor commissioner, Leslie Osborn, said in an interview that the heads of agencies met last year “to really knock out who is responsible for what. And there is not a lot of clarity.”

    “We let this flourish like a black market,” Osborn said, “and now we’re kind of behind the eight ball.”

    This post was originally published on ProPublica.

  • ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published. This story was reported in partnership with CBS News.

    Year after year, while Roe v. Wade was the law of the land, Texas legislators passed measures limiting access to abortion — who could have one, how and where. And with the same cadence, they added millions of dollars to a program designed to discourage people from terminating pregnancies.

    Their budget infusions for the Alternatives to Abortion program grew with almost every legislative session — first gradually, then dramatically — from $5 million starting in 2005 to $140 million after the U.S. Supreme Court overturned the right to an abortion.

    Now that abortion is largely illegal in Texas, lawmakers say they have shifted the purpose of the program, and its millions of dollars, to supporting families affected by the state’s ban.

    In the words of Rep. Jeff Leach, a Republican from Plano, the goal is to “provide the full support and resources of the state government … to come alongside of these thousands of women and their families who might find themselves with unexpected, unplanned pregnancies.”

    But an investigation by ProPublica and CBS News found that the system that funnels a growing pot of state money to anti-abortion nonprofits has few safeguards and is riddled with waste.

    Officials with the Health and Human Services Commission, which oversees the program, don’t know the specifics of how tens of millions of taxpayer dollars are being spent or whether that money is addressing families’ needs.

    In some cases, taxpayers are paying these groups to distribute goods they obtained for free, allowing anti-abortion centers — which are often called “crisis pregnancy centers” and may be set up to look like clinics that perform abortions — to bill $14 to hand out a couple of donated diapers.

    Distributing a single pamphlet can net the same $14 fee. The state has paid the charities millions to distribute such “educational materials” about topics including parenting and adoption; it can’t say exactly how many millions because it doesn’t collect data on the goods it’s paying for. State officials declined to provide examples of the materials by publication time, and reporters who visited pregnancy centers were turned away.

    Funding for Texas’ Anti-Abortion Program Has Skyrocketed

    As they restricted access to abortion, lawmakers also poured money into a program that was first called Alternatives to Abortion and recently rebranded as Thriving Texas Families. The program funds counseling, baby items and brochures, but not medical care.

    Note: Data represents the amounts budgeted for Alternatives to Abortion, now called Thriving Texas Families, for each two-year budget period, including amendments made in that period. Sources: Alternatives to Abortion annual reports and the 2024-25 Texas budget bill (Lucas Waldron/ProPublica)

    For years, Texas officials have failed to ensure spending is proper or productive.

    They didn’t conduct an audit of the program in the wake of revelations in 2021 that a subcontractor had used taxpayer funds to operate a smoke shop and to buy land for hemp production.

    They ramped up funding to the program in 2022 even after some contractors failed to meet their few targets for success.

    After a legislative mandate passed in 2023, lawmakers ordered the commission to set up a system to measure the performance and impact of the program.

    One year later, Health and Human Services says it’s “working to implement the provisions of the law.” Agency spokespeople answered some questions but declined interview requests. They said their main contractor, Texas Pregnancy Care Network, was responsible for most program oversight.

    The nonprofit network receives the most funding of the program’s four contractors and oversees dozens of crisis pregnancy centers, faith-based groups and other charities that serve as subcontractors.

    The network’s executive director, Nicole Neeley, said those subcontractors have broad freedom over how they spend revenue from the state. For example, they can save it or use it for building renovations.

    Pregnancy Center of the Coastal Bend in Corpus Christi, for instance, built up a $1.6 million surplus from 2020 to 2022. Executive Director Jana Pinson said two years ago that she plans to use state funds to build a new facility. She did not respond to requests for comment. A ProPublica reporter visited the waterfront plot where that facility was planned and found an empty lot.

    Because subcontractors are paid set fees for their services, Neeley said, “what they do with the dollars in their bank accounts is not connected” to the Thriving Texas Families program. “It is no longer taxpayer money.”

    The state said those funds are, in fact, taxpayer money. “HHSC takes stewardship of taxpayer dollars, appropriated by the Legislature, very seriously by ensuring they are used for their intended purpose,” a spokesperson said.

    None of that has caused lawmakers to stop the cash from flowing. In fact, last year they blocked requirements to ensure certain services were evidence-based.

    Leach, one of the program’s most ardent supporters, said in an interview with ProPublica and CBS News that he would seek accountability “if taxpayer dollars aren’t being spent appropriately.” But he remained confident about the program, saying the state would keep investing in it. In fact, he said, “We’re going to double down.”

    What’s more, lawmakers around the country are considering programs modeled on Alternatives to Abortion.

    Last year, Tennessee lawmakers directed $20 million to fund crisis pregnancy centers and similar nonprofits. And Florida enacted a 6-week abortion ban while including in the same bill a $25 million allocation to support crisis pregnancy centers. John McNamara, a longtime leader of Texas Pregnancy Care Network, has been working to start similar networks in Kansas, Oklahoma and Iowa. He’s also reserved the name Louisiana Pregnancy Care Network.

    And U.S. House Republicans are advocating for allowing federal dollars from the Temporary Assistance for Needy Families program — intended to help low-income families — to flow to pregnancy centers. In January, the House passed the legislation, and it is pending in the Senate. Rep. Elise Stefanik, R-N.Y., castigated Democrats for voting against the bill.

    “That’s taking away diapers, that’s taking away resources from families who are in need,” she said in an interview with CBS News after the vote.

    But, as Texas shows, more funding doesn’t necessarily pay for more diapers, formula or other support for families.

    Lawmakers rebranded Alternatives to Abortion as Thriving Texas Families in 2023. The program is supposed to promote pregnancies, encourage family formation and increase economic self-sufficiency.

    The state pays four contractors to run the program. The largest, which gets about 80% of the state funding, is the anti-abortion group Texas Pregnancy Care Network.

    Human Coalition, which gets about 16% of the state funding, said it uses the money to provide clients with material goods, counseling, referrals to government assistance and education. Austin LifeCare, which gets about 3% of the state funding, could not be reached for comment about this story. Longview Wellness Center in East Texas, which receives less than 1% of the funds, said the state routinely audits its expenses to ensure it’s operating within guidelines.

    Texas Pregnancy Care Network manages dozens of subcontractors that provide counseling and parenting classes and that distribute material aid such as diapers and formula. Parents must take a class or undergo counseling before they can get those goods.

    The state can be charged $14 each time one of these subcontractors distributes items from one of several categories, including food, clothing and educational materials. That means the distribution of a couple of educational pamphlets could net the same $14 fee as a much pricier pack of diapers.

    A single visit by a client to a subcontractor can result in multiple charges stacking up. Centers are eligible to collect the fees regardless of how many items are distributed or how much they are worth. One April morning, a client at McAllen Pregnancy Center, near the Texas-Mexico border, received a bag with some diapers, a baby outfit, a baby blanket, a pack of wipes, a baby brush, a snack and two pamphlets. It was not clear how much the center invoiced for these items.

    McAllen Pregnancy Center and other Texas Pregnancy Care Network subcontractors were paid more than $54 million from 2021 to 2023 for distributing these items, according to records.

    How much of that was for handing out pamphlets? The state said it didn’t know; it doesn’t collect data on the quantities or types of items provided to clients or whether they are essential items like diapers or just pamphlets, making it impossible for the public to know how tax dollars were spent.

    Neeley said in an email that educational materials like pamphlets only accounted for 12% of the money reimbursed in this category last year, or roughly $2.4 million out of $20 million. She did not respond to questions from ProPublica and CBS News about evidence that would corroborate that number.

    The way subcontractors are paid, and what they’re allowed to do with that money, raised questions among charity experts consulted for this investigation.

    In the nonprofit sector, using a fee-for-service payment model for material assistance is highly unusual, said Vincent Francisco, a professor at the University of Kansas who has worked as a nonprofit administrator, evaluator and consultant over the past three decades. It “can run fast and loose if you’re not careful,” he said.

    Even if nonprofits distribute items they got for free or close to it, the state will still reimburse them. Take Viola’s House, a pregnancy center and maternity home in Dallas. Records show that it pays a nearby diaper bank an administrative fee of $1,590 for about 120,000 diapers annually — just over a penny apiece. Viola’s House can then bill the state $14 for distributing a pack of diapers that cost the center just over a quarter.

    But before they can get those diapers, parents must take a class. The center can also bill the state $30 for each hour of class a client attends.

    Rep. Donna Howard, a Democrat from Austin, said the program could be more efficient if the state funded the diaper banks directly. Last year, she proposed diverting 2% of Thriving Texas Families’ funding directly to diaper banks, but the proposal failed.

    Records show that in fiscal year 2023, Viola’s House received more than $1 million from the state in reimbursements for material support and educational items plus another $1.7 million for classes. Executive Director Thana Hickman-Simmons said Viola’s House relies on funding from an array of sources and that just a small fraction of the diapers it distributes come from the diaper bank. She said the state money “could never cover everything that we do.”

    In some cases, reimbursements have created a hefty cushion in the budgets of subcontractors. The state doesn’t require them to spend the taxpayer funds they get on needy families, and Texas Pregnancy Care Network said subcontractors can spend the money as they see fit, as long as they follow Internal Revenue Service rules for nonprofits.

    McAllen Pregnancy Center received $3.5 million in taxpayer money from Texas Pregnancy Care Network over three years, but it spent less than $1 million on program services, according to annual returns it filed with the IRS. Meanwhile, $2.1 million was added to the group’s assets, mostly in cash. Its executive director, Angie Arviso, asked a reporter who visited in person to submit questions in writing, but she never responded.

    Texas Taxpayers Gave One Crisis Pregnancy Center $3.5 Million Over Three Years. It Spent Less Than $1 Million on Programs.

    The nonprofit McAllen Pregnancy Center is a case study showing how anti-abortion centers can amass a surplus from the Alternatives to Abortion program, which is now called Thriving Texas Families

    Note: Figures are rounded to the nearest thousand. Sources: McAllen Pregnancy Center Form 990 for 2020, 2021 and 2022, and Texas Health and Human Services Commission records obtained by ProPublica and CBS News. (Lucas Waldron/ProPublica)

    “This is a policy choice Texas has made,” said Samuel Brunson, associate dean for faculty research and development at the Loyola University Chicago School of Law, who researches and writes about the federal income tax and nonprofit organizations. “It has chosen to redistribute money from taxpayers to the reserve funds of private nonprofit organizations.”

    Tax experts say that’s problematic. “Why would you give money to a recipient that is not spending it?” said Ge Bai, a professor of accounting and health policy at Johns Hopkins University.

    The tax experts disagree with Texas Pregnancy Care Network’s argument that the money is no longer taxpayer dollars after its subcontractors are paid.

    “It’s still the government buying something,” said Jason Coupet, associate professor of public management and policy at Georgia State University, who has studied efficiency in the public and nonprofit sectors. “If I were in the auditor’s office, that’s where I would start having questions.”

    State legislators and regulators haven’t installed oversight protections in the program.

    Three years ago, The Texas Tribune spotlighted the state’s refusal to track outcomes or seek insight into how subcontractors have spent taxpayer money.

    Months later, Texas Pregnancy Care Network cut off funding to one of its biggest subcontractors after a San Antonio news outlet alleged the nonprofit had misspent money from the state.

    KSAT-TV reported that the nonprofit, A New Life for a New Generation, had used Alternatives to Abortion funds for vacations and a motorcycle, and to fund a smoke shop business owned by the center’s president and CEO, Marquica Reed. It also spent $25,000 on land that was later registered by a member of Reed’s family to produce industrial hemp.

    In an interview with ProPublica, a former case manager recalled how Reed would get angry if employees forgot to bill the state for a service provided to a client.

    The former case manager, Bridgett Warren Campbell, said employees would buy diapers from the local Sam’s Club store, then take apart the packages. “We’d take the diapers out and give parents two to three diapers at a time, then she would bill TPCN,” said Campbell.

    Reed declined to comment to a ProPublica reporter or to answer follow-up questions via email or text. Neeley, the Texas Pregnancy Care Network’s executive director, said the pregnancy center was removed from the program because its nonprofit status was in jeopardy, not because it had used money on personal spending. She said the network wasn’t responsible for monitoring how A New Life for a New Generation spent its dollars: “The power to investigate these matters of how nonprofits manage their own funds is reserved statutorily to the Texas Attorney General and the IRS.”

    The Texas attorney general’s office would not say whether it has investigated the organization. Records show that after KSAT’s story, state officials referred the case to an inspector general and that the Texas Pregnancy Care Network submitted a report detailing how it monitored the subcontractor.

    The state requires contractors to submit independent financial audits if they receive at least $750,000 in state money; Texas Pregnancy Care Network meets this threshold. However, its dozens of subcontractors don’t have to submit these audits — something experts in nonprofit practices said should be required. In the fiscal year before the alleged misspending came to light, A New Life for a New Generation received more than $1 million in reimbursements from the state, records show.

    When ProPublica and CBS News asked how the Health and Human Services Commission detects fraud or misuse of taxpayer funds, Jennifer Ruffcorn, a commission spokesperson, said the agency “performs oversight through various methods, which may include fiscal, programmatic, and administrative monitoring, enhanced monitoring, desk reviews, financial reconciliations, on-site visits, and training and technical assistance.”

    Through a spokesperson, Rob Ries, the deputy executive commissioner who oversees the program at Health and Human Services, declined to be interviewed.

    The agency has never thoroughly evaluated the effectiveness of the program’s services in its nearly 20 years of existence.

    It is supposed to make sure its contractors are meeting a few benchmarks: how many clients each one serves and how many they have referred to Medicaid and the Nurse-Family Partnership, a program that sends nurses to the homes of low-income first-time mothers and has been proven to reduce maternal deaths. The Nurse-Family Partnership does not receive Alternatives to Abortion funding.

    In 2022, the Texas Pregnancy Care Network failed to meet two of three key benchmarks in its contract with the state: It didn’t serve enough clients and it didn’t refer enough of them to the nursing program. The state didn’t withhold or reduce its funding. McNamara disputed the first claim, saying the state changed its methodology for counting clients, and said the other benchmark was difficult to hit because too few clients qualified for the nursing program.

    In May 2023, when lawmakers passed the bill rebranding the program, the state also ordered the agency to “identify indicators to measure the performance outcomes,” “require periodic reporting” and hire an outside party to conduct impact evaluations.

    The agency declined to share details about its progress on those requirements except to say that it is soliciting for impact evaluation services. Records show the agency has requested bids.

    Lawmakers decided last year against enacting requirements that would ensure certain services were evidence-based — proven by research to meet their goals — instead siding with an argument that they would be too onerous for smaller nonprofits.

    Texas’ six-week abortion ban took effect in 2021, and more than 16,000 additional babies were born in the state the following year. Academics expect that trend to continue.

    But the safety net for parents and babies is paper thin.

    Texas has the lowest rate of insured women of reproductive age in the country and ranks above the national average for maternal deaths. It’s last in giving cash assistance to families living beneath the poverty line.

    Mothers told reporters they are struggling to scrape together enough diapers and wipes to keep their babies clean. A San Antonio diaper bank has hundreds of families on its waitlist. Outside an Austin food pantry, lines snake around the block.

    Howard, the Austin state representative, said ProPublica and CBS News’ findings show that the program needs more oversight. “It is unconscionable that a [Thriving Texas Families] provider would be allowed to keep millions in reserve when there is a tremendous need for more investment in access to health care services,” she said.

    Do you have any tips on state-funded anti-abortion programs? Cassandra Jaramillo can be reached by email at cassandra.jaramillo@propublica.org or by Signal at 469-606-9665.

    Caroline Chen and Kavitha Surana contributed reporting.

    This post was originally published on ProPublica.

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    This article is co-published with The Texas Tribune, a nonprofit, nonpartisan local newsroom that informs and engages with Texans. Sign up for The Brief Weekly to get up to speed on their essential coverage of Texas issues.

    An El Paso judge on Tuesday denied Texas’ efforts to shut down a migrant shelter network that Attorney General Ken Paxton claimed was violating state law by helping people he suspected of being undocumented immigrants.

    Although the case centered around immigration, it was one of more than a dozen instances ProPublica and The Texas Tribune recently identified in which Paxton’s office has aggressively used the state’s powerful consumer protection laws to investigate organizations whose work conflicts in some way with his political views or the views of his conservative base.

    Two weeks ago, lawyers for the Texas attorney general’s office argued to state District Judge Francisco Dominguez that El Paso-based Annunciation House should be closed, accusing the 46-year-old nonprofit of violating laws prohibiting human smuggling and operating a stash house.

    Dominguez ruled on Tuesday that the state’s claim, “even if accepted as true, does not establish a violation of those provisions,” according to the order. He ruled that the state laws are preempted by federal law and “unenforceable.”

    Paxton’s office did not respond to a request for comment on the ruling.

    “The volunteers of Annunciation House have a lot of work to do, and they just continue to do it. They can just do it more at peace today than they did yesterday,” said Jerry Wesevich of Texas RioGrande Legal Aid, who represents the shelter network. “There is some relief at knowing that the court agreed with their view of the law.”

    Paxton’s office initially sought records from Annunciation House about the shelter’s clients in February. Officials from the attorney general’s Consumer Protection Division showed up on the nonprofit’s doorstep, demanding to come inside and search its records, including all logs identifying immigrants who received services there going back more than two years.

    Consumer protection laws give attorneys general broad legal authority to request a wide range of records when investigating businesses or charities for allegations of deceptive or fraudulent practices. Attorneys general like Paxton, however, have increasingly used their powers to also pursue more political investigations, experts told the news organizations.

    The attorney general’s office previously confirmed to the news organizations that no consumer complaints had been filed against Annunciation House. Complaints aren’t required to launch an investigation.

    In the case of Annunciation House, the attorney general gave the shelter director, Ruben Garcia, one day to turn over the documents. The news organizations found this to be an unusual practice: ProPublica and the Tribune identified several other cases in which the Consumer Protection Division sent its requests for records by mail and gave organizations weeks to respond.

    Garcia’s lawyer told the state its deadline did not give the shelter enough time and asked a judge to determine which documents shelter officials were legally allowed to release. Interpreting that as noncompliance, Paxton’s office filed a countersuit to shutter the shelter network.

    Wesevich and another lawyer representing an organization Paxton’s office investigated using the consumer protection law said they believe he launched the investigations to harass their clients and to cause a chilling effect among organizations doing similar work. Both said the attorney general’s demands violate the First Amendment, which guarantees the right to free speech, association and religion, and the Fourth Amendment, which offers protection against unreasonable search and seizure.

    In his ruling on Tuesday, Dominguez said that Paxton’s “predetermined efforts” to shut down the nonprofit were “substantially motivated by his retaliation against Annunciation House’s exercise of its First Amendment right to expressive association.” He also said the investigative document the state agency gave to Annunciation House, demanding access to the nonprofit’s records, violated the Fourth Amendment.

    Annunciation House opened its first shelter at a Catholic church nearly 50 years ago. The nonprofit primarily serves people who are processed and released into the U.S. by immigration officials. Garcia communicates regularly with Border Patrol and other federal agencies that ask for help finding shelter for people who turn themselves in to authorities or are apprehended but have nowhere to go while their cases are processed.

    Paxton’s decision to sue Annunciation House came against the backdrop of a yearslong effort by right-wing Christian groups and figures to paint immigrants as part of a Democratic plot to undermine American Christianity — despite a large percentage of migrants being Christian.

    Texas Lt. Gov. Dan Patrick, a Republican, echoed those claims in a speech at the Republican Party of Texas’ convention in May, telling delegates that immigrants were part of a plan by the “Marxist, socialist left” to “take God out of the country.” At the same convention, Paxton’s wife, state Sen. Angela Paxton, also claimed that Republicans were in the middle of a battle “against spiritual forces of evil in the heavenly realms.”

    Far-right Catholics have mobilized against groups such as Catholic Charities, branding it an “enemy of the people” and calling for the defunding of bishops who assist migrants. In a 2022 interview with the right-wing group Church Militant, U.S. Rep. Marjorie Taylor Greene, R-Ga., claimed that Catholic Charities’ work was proof of “Satan controlling the church.”

    This post was originally published on ProPublica.

  • My poems were written in anger after Tiananmen Square. But what motivates most prison writing is a fear of forgetting. Today I am free, but the regime has never stopped its war on words. By Liao Yiwu

    Continue reading…

    This post was originally published on Human rights | The Guardian.

  • Lea o escuche la versión en español.

    This guide will be released in Spanish in several formats to make this information more widely accessible. If you want to receive printed booklets that you or your organization can share with dairy workers in Wisconsin, or if you want to be notified when we post related videos on TikTok and YouTube, sign up here.

    We are reporters at ProPublica, a nonprofit investigative news organization. Over the past two years, we have reported on the lives of dairy workers in Wisconsin and the dangers they face on the job.

    Dairy workers are excluded from many state and federal legal protections that help other workers. As a result, if they are injured on the job, they often face obstacles to getting medical care or the time needed to recover.

    Many dairy workers have seen relatives or co-workers lose their jobs and get kicked out of farm housing after an injury. Others have ended up with disfigured bodies and massive medical debt.

    Many are undocumented. They worry about being deported if they speak up about an injury.

    We heard these concerns repeatedly in our interviews with more than 100 immigrant workers. We know people often feel hopeless.

    But while there are real challenges, our reporting has shown us that for some workers, there can be a path toward getting treatment after an injury. Here is some of what we found:

    • Workers who are injured on larger farms have more protections. This is because of an insurance system called workers’ compensation. You can benefit even if you are undocumented.
    • The workers’ compensation system is complex and difficult to navigate. Employers sometimes discourage workers from filing claims. Getting a lawyer can be critical, especially if you have a permanent disability.
    • Workers who are injured on smaller farms usually can’t access workers’ compensation. The only way to compel an employer to cover medical costs is to file a lawsuit. These lawsuits can be extremely difficult to win. Because of that, attorneys may not want to take your case.
    • You may be able to access free or low-cost medical care. Ask about hospital charity, free clinics and a Wisconsin insurance plan called BadgerCare Plus.

    Few of the workers we’ve interviewed understood their rights after an injury. This guide is our attempt to explain your options, as limited as they are. We also want to answer questions that many workers have asked based on situations they’ve found themselves in. It is based on conversations with workers, attorneys, health care providers, community advocates, interpreters, researchers and farmers. It covers what you can do before you get to a farm, how to navigate the workers’ compensation system, and your options if you get injured on a farm that doesn’t have workers’ compensation.

    The guide is especially focused on the workers’ compensation system because it is one of the few areas where injured dairy workers have a right to medical care. We know this system has limitations and isn’t available to everybody. However many workers have found it to be useful, particularly if they get help from an attorney.

    This guide does not provide legal or medical advice. We strongly encourage you to talk to a lawyer or a doctor about your situation. We’ll point you to some resources in the last section.

    We welcome your thoughts and questions. Please feel free to write us an email or call us by phone or WhatsApp. Thank you.

    Maryam Jameel: Maryam.Jameel@propublica.org or 630-885-6883

    Melissa Sanchez: Melissa.Sanchez@propublica.org or 872-444-0011

    What to Know Before You Start Working on Dairy Farms

    Farming in general has one of the highest fatality rates of industries in the U.S. Almost every year in Wisconsin, dairy farmers or their employees die on the job, crushed under tractors or drowned in manure lagoons or trampled by cows.

    Injuries are even more common. But they are not always reported. That makes it impossible to accurately compare the dangers on dairy farms with other types of jobs. In our reporting, however, most workers told us they had been injured on the job. “If you haven’t been injured,” one former worker said, “then you haven’t really worked on a farm.” Cows can be unpredictable; workers told us they’d been kicked, stepped on and smashed against barn walls by the 1,500-pound animals.

    We have spoken to several workers who lost fingers inside of machinery, a man whose legs were crushed by heavy metal gates and a woman who got trampled and thrown over a fence by a bull. Other workers have chronic pain from the repetitive motions of attaching tubes to cow teats hundreds of times a day.

    In the winter, temperatures in Wisconsin can drop below zero, with high winds, snow and ice. Many workers have suffered serious injuries after they slipped on ice-covered concrete floors. Others have suffered frostbite.

    Medical and public health officials said some workers develop infections and other issues from their exposure to animal feces and other harmful substances common on farms.

    How can you find out whether a particular farm is a safe place to work?

    No government agency rates dairy farms on safety. In fact, even when workers die or are injured, dairy farms are not always inspected.

    There is no guarantee that you will be safe on any farm. But farms can take steps to protect their workers and make sure they receive the medical treatment they need after an injury. One of the best ways to learn about safety issues on a farm is by talking to current or former employees.

    Some questions you can ask:

    • What kind of training do workers get when they are hired?

    • Did you feel that the training was enough to help you do your job safely?

    • What is the pace of work? Are there enough workers to do the job?

    • Can cows easily kick you as you milk them?

    • Can you describe a recent injury that happened to you or a coworker and how the supervisor responded? Did that worker get medical care or time off to heal?

    • Do you know whether the farm has workers’ compensation insurance?

    • How do the supervisors treat you? Do they speak to you respectfully?

    We have also found that local Latino grocery stores can be good places to learn more about specific farms. Workers cash their checks at these businesses and often share information about work conditions with the clerks and owners. Ask them about a farm’s reputation and if there is anything they think you should know.

    One sign that a farm may be a good place to work is if workers stay there for a long time.

    Are farms required to help pay for a worker’s medical care after an injury?

    The answer depends on how many workers the farm employs.

    In general, if the farm has six or more employees, it should have a type of insurance called workers’ compensation that is supposed to cover these costs. Workers’ compensation is different from medical insurance. (If you are counting how many workers a farm has, don’t count the farm owners and their close relatives who work on the farm.)

    If a farm has fewer than six employees, it does not have to have workers’ compensation under state rules. Workers who are hurt at these farms have only one legal avenue to get help paying for medical care. They may be able to file a lawsuit. (See the “Resources other than workers’ compensation” section for more information.)

    How can I learn if a farm has workers’ compensation insurance?

    You can ask your employer or look it up yourself online. If the farm has workers’ compensation insurance, it should be listed here: https://www.wcrb.org/coverage-lookup/. But the site, run by the Wisconsin Compensation Rating Bureau, is only available in English.

    You’ll need to know the farm’s name or its address to do a search. If you don’t find the farm listed, you can email the Wisconsin Department of Workforce Development, which oversees the workers’ compensation system, at WCINS@dwd.wisconsin.gov, or call 608-266-3046. If you speak Spanish, you can ask for an interpreter.

    I don’t know the name of my employer. How do I find that?

    You may know a farm by a nickname. To find out a farm’s official name, look at the upper left-hand corner of your paycheck, above the address. Or you can check the main entrance, where many farms have signs with their name.

    I Was Injured on a Large Farm That Has Workers’ Compensation. What Do I Need to Know?

    State officials and lawyers say you should tell your employer right away that you got hurt and get the medical treatment you need. The Department of Workforce Development said any delays may hurt your workers’ compensation case.

    Gabriel Manzano Nieves, a workers’ compensation attorney in Madison, said many people he works with don’t want to report what seems like a minor injury. He said he’s had clients who thought at first that they had a sore shoulder or a sprain. Weeks later a doctor told them that they had a permanent injury. He added: “Later their employer might say, ‘How do I know this didn’t happen at home?’ Reporting time is really important for proving it happened at work.”

    How is workers’ compensation supposed to work?
    1. After you report your injury, your employer is supposed to file a claim with their insurance company within seven days. (Your employer can be fined if they delay filing a claim on purpose.) Your medical provider — usually that’s your doctor — can also file a claim for you.
    2. Then the insurer is supposed to report this information to the state.
    3. Once the claim is filed, the insurer will usually send you a letter or call and ask for your permission to get your medical records related to the injury.
    4. The insurer will look at your records to decide whether to accept the claim and pay the medical costs. The company may also send you to an independent doctor or nurse who may make a different decision about your injury and treatment.
    5. You may be entitled to some of your pay if you need days off work to recover from your injury. You should get a check from your employer’s insurance carrier, usually 14 days after your injury or illness, though lawyers say it can take longer.

    What should I tell medical providers?

    Explain how you got injured and that it happened at work. Otherwise you may not get workers’ compensation. State officials recommend that you say this before you get treated. Give the name of the farm and the workers’ compensation insurer, if you know it, so that the hospital or doctor’s office can bill the insurer. Attorneys suggested that if you get any medical bills, you send them to the insurer.

    Be open and detailed about your pain so your doctor can accurately assess your health. We know some workers sometimes don’t tell their doctors everything because they are embarrassed, they want to seem strong, they fear the cost of treatment, or for other reasons. Many other workers say their employers have told them not to tell the hospital that their injury was work-related in order to avoid filing a workers’ compensation claim. In some cases, employers promise to pay the medical bills out of pocket.

    You have the right to choose your own doctor and to be alone with them during your visits; that means your employer does not have a right to be in the room if you do not want them there. Several attorneys said you can also ask your doctor if they would recommend any restrictions on how or how much you work, such as limiting how much weight you carry or how many hours a day you work.

    I’m being told by my doctor that I can return to work, but I don’t think I have completely healed. What can I do?

    The Department of Workforce Development encourages workers to try to return to work anyway. “You will be in a stronger position to obtain additional benefits if you attempted to return than if you refused an offer of work,” state officials said. But if you have work restrictions, tell your employer you are willing to work within them, attorneys said. And if you feel any pain, tell your supervisor. Your employer should report it to their insurance company. Also, see a doctor to reassess your health, attorneys said.

    I’m undocumented. Does my immigration status affect my eligibility for workers’ compensation?

    No. In Wisconsin, your immigration status does not affect your eligibility. Nearly every part of the Wisconsin Workers’ Compensation Act applies to workers regardless of their immigration status.

    “Whether you’re in the country legally or not, it’s not relevant,” said Douglas Phebus, an employment attorney who has represented dozens of dairy workers in Wisconsin.

    However, he said workers have told him their bosses threatened to get them deported after they asked about workers’ compensation. “That’s ridiculous but it’s scary,” Phebus said.

    Deporting undocumented immigrants who are not a threat to national security or public safety is not a priority for the Biden administration, according to official guidance.

    The state’s Department of Workforce Development said it does not share information with federal immigration authorities.

    Many undocumented immigrants work under fake names and Social Security numbers. Martha Burke, a workers’ compensation attorney, said that when she fills out workers’ compensation paperwork, she often includes both names that workers use. State officials said workers don’t have to provide a Social Security number.

    Does workers’ compensation help pay for my lost wages after an injury?

    If you need less than three days to recover, you won’t be paid for that time off of work. State law only allows payment to start on the fourth day off from work. You could get paid two-thirds of your wages.

    What happens if the insurance company denies my claim?

    At this stage — as medical bills may be piling up — many workers and advocates suggest talking to an attorney.

    You can also call the Department of Workforce Development’s workers’ compensation division to discuss problems with a claim. (See the resources page at the end of this guide to find this contact information.) You can ask state officials to review your claim and try to resolve your dispute with the insurance company, or ask for a formal hearing. The vast majority of workers who ask for hearings have attorneys, state officials said.

    Am I entitled to compensation if my injury leads to a permanent disability?

    You may qualify for other benefits. How much depends in part on how much a doctor thinks your injury will affect your ability to work and earn money in the future.

    Doctors might not try to determine if your injury is permanent or note that in your file unless you ask them to. You have to be your own advocate, said Marisol González Castillo, a personal injury attorney who used to specialize in workers’ compensation.

    To get permanent disability benefits, you may need help from an attorney. We spoke to two workers whose fingers were amputated in farm accidents. Both got their initial medical bills paid but didn’t get any permanent disability compensation. Years later, each of them wondered if they should have looked for an attorney to help them make a claim.

    State law gives workers six years after their injury or most recent workers’ compensation payment to file for permanent disability benefits. (If your injury happened before March 2, 2016, you have 12 years after the date of injury to file a claim.)

    Somebody I know died at work. Is their family entitled to any benefits?

    The dead worker’s dependents, usually their spouse or children, may be able to qualify for death benefits and burial expenses from the workers’ compensation insurer. Employers are supposed to report deaths to the state within one day.

    What if the farm where I work has six or more employees but doesn’t have workers’ compensation insurance?

    You can file a claim to request benefits through the state’s Uninsured Employers Fund (UEF). You must call (608) 266-3046 to ask for an application. There is an option for Spanish speakers. You will be asked to give them certain documentation, such as copies of check stubs and medical records.

    Some attorneys said you may want to collect information to help the state confirm the actual number of workers on the farm; this could include the names of your coworkers or copies of work schedules.

    What You Can Do Outside of the Workers’ Compensation System

    Thousands of farm workers are excluded from the state’s workers’ compensation system because the farms where they work are too small to be required to have insurance. In addition, many workers who get injured on large farms told us their employers refused to file a claim for them. The workers said they didn’t get medical care because they were afraid their employer would retaliate against them.

    Given this reality, we wanted to explain what your options are, even though there aren’t very many, and point you to resources that could help you.

    What should I know if I get injured on a small farm?

    You are not automatically entitled to get help from your employer. This means you could end up with thousands of dollars in medical bills. Hospitals can sue you over unpaid medical debt, which could lead to a court-ordered garnishment of your wages. Garnishment is when money is automatically taken out of your paycheck to pay down your debt.

    We know of several farmers who have paid out of pocket for their workers’ medical costs. So you should ask for help, several workers and attorneys said. But the only legal avenue to get your employer to pay your medical bills is to file a personal injury lawsuit.

    Given their limited protections, workers who get injured on small farms are in a difficult situation, said Matthew Keifer, a doctor who specializes in occupational safety and is the former director of the National Farm Medicine Center. He said workers should think about finding a job on a larger farm where they would have workers’ compensation. “I know a lot of small farmers who are just wonderful people and would bend over backwards for their employees,” he said. “But there’s a lot that are not.”

    What is a personal injury lawsuit?

    These are lawsuits against the employer that ask for money for an injury that a worker thinks was the employers’ fault. Workers can also ask for more money for their pain and suffering.

    But unlike in workers’ compensation cases, you have to prove that your employer was to blame for your injury. For example, you may have to show that your employer knew about a workplace hazard but did not fix it.

    It can be hard to prove that someone was negligent, said Phebus, the employment attorney. He said he turns away about two-thirds of the dairy workers who call his office asking about personal injury lawsuits.

    “People come to see us and they got hurt, but it wasn’t any particular act of negligence,” he said. “It’s just that farming is very dangerous.”

    One worker who was injured by a bull on a small farm said she spoke to several attorneys before she found one who took her case.

    Brian Laule, a personal injury attorney in River Falls, agreed that these cases can be difficult. But he said workers should not feel hopeless. Instead he encouraged workers to do their research and call several attorneys. “Run the situation by them,” he said. “You can reach out to attorneys for free and find out if you have any recourse.”

    How can I find affordable medical care?

    You may have to pay your own medical bills. Here are some programs that may help you:

    • Charity care: Many hospitals offer charity care programs that cover some or all medical bills for uninsured, low-income patients. You will likely need to fill out an application and share information about your income to find out if you qualify. Ask hospital staff if this is an option.
    • Payment plans: Several medical professionals and attorneys also recommended that workers ask about payment plans to avoid having their bills sent to collections. (This is when debt collectors try to make you pay and sometimes charge fees or interest that can make your debt bigger.) Many hospitals have “patient navigators” on staff who can help you apply for charity care or get on a payment plan.
    • BadgerCare Plus: This is a state public health insurance program for low-income residents. Undocumented immigrants who have children can get coverage in medical emergencies. (You can also qualify if you are pregnant.) You can call your local health agency to find out if you qualify. Visit this page and click on your county to find the phone number. If you speak Spanish, you can ask for an interpreter.
    • Free and low-cost clinics: We also know many workers have long-term pain from repetitive motion injuries, which is damage caused by doing the same actions, such as milking cows, over and over. You may be able to get medical care for these and other nonemergency injuries from “safety net” clinics for free or at a low cost. Wisconsin’s Department of Health Services maintains a page with the names, addresses and phone numbers of these clinics across the state. These facilities are not where you should go if you have serious or life-threatening injuries.
    • Urgent care clinics: Hospital emergency room visits can be extremely expensive, warned Aida Bise, the director of migrant and seasonal agricultural worker services for Family Health La Clinica, a community health clinic in Wautoma. For minor injuries, Bise says that workers should think about going to an urgent care clinic. “These are way cheaper,” she said.

    One worker whose shoulder was injured when a cow slammed him against a wall on a small farm in 2022 said his employer refused to pay his hospital bills. As a result, the man, an undocumented and uninsured immigrant from Mexico, didn’t initially get the treatment he needed.

    “It’s an immense, intolerable pain that’s hard to describe,” he said. “I just want to get the bills paid and recover.” More than five months passed before he got treatment; a community advocate helped him get surgery and other treatment covered by the hospital’s charity care.

    Where can I report unsafe workplace conditions?

    The federal Occupational Safety and Health Administration (OSHA) is in charge of enforcing workplace safety laws in Wisconsin. It investigates deaths and injuries that happen on the job. You can file a confidential complaint online or call 1-800-321-6742.

    Not every complaint will lead to an on-site inspection, which is when an OSHA official comes to the farm and checks for safety hazards. Once again, workers on small farms have fewer protections. If a farm has fewer than 11 employees, federal law may ban OSHA from investigating deaths, injuries or complaints. (Read our story about inconsistencies in OSHA’s work on small farms.)

    What to know about retaliation after an injury

    We have talked to many workers who were fired, kicked out of farm housing or threatened with deportation after an injury.

    It can be hard for workers to challenge these actions. Each case is different, so you may want to talk to an attorney.

    If you lose your housing: Your rights depend on whether you’re considered a tenant under Wisconsin law. You may be a tenant if you pay rent or if your landlord takes rent out of your wages.

    • If you are a tenant: You cannot be forcibly removed from housing without a court order. You have a very short amount of time when you can defend against an eviction in court; several attorneys said you should call an attorney quickly if you want to challenge the process or if you have been forced out without a court order.
    • Legal Action of Wisconsin has this explainer about tenants’ rights.
    • If you are not a tenant: Your rights are more limited. Some attorneys said they have negotiated more time for their clients to move out of farm housing. Again, call an attorney early to explore your options.

    If you got fired: If you believe that you were fired because an injury left you with a disability, you may be able to file a discrimination complaint with the Wisconsin Department of Workforce Development’s equal rights division. Call 608-266-6860 to learn more; if you speak Spanish, you can request an interpreter. If you work on a farm with at least 15 employees, you may be able to file a discrimination charge with the federal Equal Employment Opportunity Commission. Call 1-800-669-4000 to learn more; there is an option for Spanish speakers.

    Separately, your employer can be penalized for refusing to hire you back after an injury because you filed a workers’ compensation claim.

    We’ve talked to many workers who were not paid for their last week of work before getting fired. You can file a complaint with the Department of Workforce Development’s equal rights division to try to get your wages back. You can do that online here, though that form is not in Spanish. Or you can call 608-266-6860 and ask to speak to somebody in Spanish and have a complaint form mailed to you.

    If you are worried about being deported: If you are in a dispute with your employer over unpaid wages or another workplace issue, or if you are cooperating with a labor-related investigation at your job, you may qualify for deferred action. This is a temporary protection from deportation. An OSHA investigation can count as a labor dispute. The agency would have to write a letter on your behalf to request deferred action. The U.S. Department of Labor has information about how this program works.

    How to report retaliation: You have the right to file a whistleblower complaint with OSHA if you believe your employer retaliated against you for exercising certain rights, such as expressing concern over a workplace safety issue. You can file a complaint online or call 1-800-321-6742. These complaints are not confidential, which means your employer will know you filed one.

    If two or more workers have come together to discuss collective concerns about their workplace — including safety or injuries — they have another protection against retaliation. They can file a complaint under the Wisconsin Employment Peace Act with the Wisconsin Employment Relations Commission. Call 608-243-2424 to learn more; Spanish speakers need to request an interpreter. This process can be complex, even for people who don’t have a language barrier, several attorneys said; you may want to get an attorney or somebody who can help you file the complaint.

    Other resources

    There is no single place where you can get information about what to do if you get injured on a Wisconsin dairy farm. But we wanted to share a list of some of the resources we learned about that can be helpful.

    Wisconsin Department of Workforce Development: This is the agency that oversees the state’s workers’ compensation system. You can call 608-266-1340 to speak to a specialist about problems with a claim, discuss late payments, ask for a hearing application, or talk about any other related issues. Spanish speakers can request an interpreter when they call.

    Farmworker Project: This is part of the Legal Action of Wisconsin, a nonprofit organization that provides legal services to low-income residents. Attorneys can’t take every case but may be able to provide a consultation. They can also refer workers to bilingual private attorneys. You can call or text 920-279-7025 with questions. This phone number is also available on WhatsApp.

    State Bar of Wisconsin: This organization has a search tool on its website that lets you look for attorneys by county and learn whether they speak a language besides English. The site is only available in English.

    211 Wisconsin: If you are in Wisconsin, you can dial 2-1-1 and get connected to a free phone-based information service. It is available in Spanish. This program can connect you to specialists who can get you referrals for thousands of programs and services across the state. It is available 24 hours a day. The nonprofit United Way of Wisconsin manages this program.

    Voces de la Frontera: This is the state’s largest immigrant rights organization. Voces offers workers’ rights training and has a network of advocates across the state who may be able to connect you to resources in your area. You can contact Voces at 414-643-1620.

    This post was originally published on ProPublica.

  • Mexico City, May 30, 2024—Uruguayan authorities should not approve a proposed broadcast law passed by the Senate and should ensure that all media legislation is discussed broadly, including with civil society organizations and journalist representatives, the Committee to Protect Journalists said Thursday.

    On May 14, the Uruguayan Senate approved the proposed “Law of Audiovisual Content Broadcasting Services” without consulting civil society organizations or other groups, according to news reports.

    Article 72 of the proposed law states that broadcasting services “have the duty to provide citizens with information, analysis, opinions, comments, and evaluations in a complete, impartial, serious, rigorous, plural, and balanced manner among and regarding political actors.” Local civil rights groups, including press freedom organization CAinfo, have warned this could potentially serve as a state control mechanism over the media.

    The House of Representatives must vote in June to either approve or reject the bill without amendments, according to the news reports.

    “Uruguayan lawmakers should not approve the proposed broadcasting law and should ensure that any new legislation is discussed broadly,” said Cristina Zahar, CPJ’s Latin America program coordinator, in Sao Paulo. “Control over what constitutes ‘complete, impartial, serious, rigorous, plural, and balanced’ information should never be in the hands of the state.”

    Fabián Werner, president of CAinfo, told CPJ that the bill would put Uruguay in a dangerous position, especially ahead of the country’s general elections scheduled for October 27.

    “This new law was rushed through the Senate to avoid democratic discussion and goes against international standards of freedom of expression,” he said. “It is very bad for democracy, human rights, and freedom of expression.”

    Werner said that Uruguay’s current media law, approved by the government of former President José Mujica in 2013, was widely discussed with civil society sectors and international organizations such as UNESCO before and after passage.

    International organizations, including the Inter American Press Association, UNESCO, and the UN High Commissioner for Human Rights, have also expressed concerns about the proposed law.

    CPJ emailed the president of the Uruguayan House of Representatives, Ana Olivera, but did not immediately receive a reply.


    This content originally appeared on Committee to Protect Journalists and was authored by Geoffrey King/CPJ Technology Program Coordinator and Tom Lowenthal/CPJ Staff Technologist.

    This post was originally published on Radio Free.

  • OVER 1,000 CSULB STUDENTS, FACULTY, AND STAFF RALLIED FOR PALESTINE ON MAY 2, 2024. (PHOTO: BEN HUFF)

    “Over the years, Boeing and its employees have played a vital role in the advancement of Cal State Long Beach.”

    Jane Close Conoley, President, California State University, Long Beach

    Pro-Palestinian student protests and encampments have bloomed this spring across U.S. universities. Unsurprisingly, campus administrators have responded with calls for civility and peace — that is, when not inviting militarized police forces onto campus to attack and arrest peaceful student demonstrators. At California State University, Long Beach (CSULB), while chiding students for a planned demonstration against Israel’s genocidal offensive in Gaza, the university President stressed that “we must hold to a vision of peace and reject violence. We must embrace the immeasurable value of human life.” However, this “vision of peace” apparently does not extend to our university’s deep and numerous links to the U.S. military-industrial complex, the largest purveyor of weapons of mass destruction and death in the world, or to Palestinian people.

    The “golden triangle” of military, industry, and university cooperation is nothing new, but in today’s neoliberal university — shaped by the politics of austerity and privatization policies and deliberately starved of public funding for over four decades — military and defense industry funding and collaborations have become foundational to the public university’s normal fiscal and research operations. These lucrative partnerships raise serious questions about the ways in which university priorities are inexorably bent and shaped to the will of corporate interests, imperial militarism, and war-profiteering.

    As the second biggest campus in the nation’s largest four-year public university system, CSULB, as a site of analysis, is a prime example of this ongoing and growing complicity of higher education with the corporate machinery of war and imperialism. CSULB reveals the troubling ways that public universities have become entangled in the global geographies of racial capitalism and anti-Palestinian violence. In particular, the university’s longstanding partnership with Boeing showcases public higher education’s connections to US-Israeli militarism and genocide.
    Boeing’s connection to Israel’s military violence

    Since the founding of Israel in 1948, Boeing has played a key role in supporting Israel’s military and commercial interests. The Boeing Company is the world’s largest aerospace corporation and fourth-largest defense contractor, valued at over $100 billion. Boeing’s weapons and technology have provided material support for Israel’s military campaigns of displacement, occupation, and brutal violence against Palestinians. While producing profit for the corporation, Boeing’s 75-year relationship with Israel is linked to tens of thousands of Palestinians killed by Boeing’s weaponry, the complete destruction of Gaza’s civil society and infrastructure, and the displacement of over 2 million Palestinian people.

    Boeing’s financial partnership with Israel has provided key military assets, including (via its merger with McDonnell Douglas) F-15 fighter jets, “Apache” helicopters, hellfire missiles (produced in collaboration with Lockheed Martin), and the “tail kit” navigation system used on massive 2,000 pound MK84 bombs that have devastated Gaza in the latest round of genocidal attacks. Israel’s indiscriminate use of Boeing’s heavy bombs directly contributed to numerous “mass casualty events” and the soaring death toll in Gaza. Since October of 2023, Boeing and Israel have expanded their financial partnership with Israel’s recent purchase of 25 new sophisticated F-15 IA (Israel Advanced) fighter jets, in addition to Israel’s high-tech Arrow-3 missile defense system, marketed for its “hit-to-kill” technology.
    Boeing at ‘The Beach’: profit, privatization, and the erosion of the public university

    Despite its complicity in occupation and genocide, Boeing has had a long and financially reciprocal relationship with CSULB, one going back decades with its latest iteration being touted as CSULB’s “Boeing Partnership.” CSULB is one of just 16 universities nationwide – and the sole university in California – to be selected by the Boeing Company for an exclusive university partnership. The Boeing Partnership is a university-corporate alliance that has further transformed CSULB into a public relations mouthpiece for the defense contractor. The CSULB-Boeing partnership illustrates not only how defense contractors such as Boeing, Raytheon, and Northrop Grumman profit from Israel’s violence against Palestinians, but also how these massive corporations simultaneously undermine the mission of public universities by harming students domestically and facilitating genocide, militarism, and mass death abroad.

    In alignment with the Boycott, Divestment, and Sanctions (BDS) Movement, the global student solidarity movement with Palestine has bravely demanded that their universities “disclose and divest” from stock holdings in corporations that profit off of Palestinian death and support Israel’s settler-colonial war machine. This work has been crucial. Yet it is also critical to expose how the complicity of US universities in Israeli militarism and Palestinian genocide extends far beyond investments in stocks. Under constant threats of austerity measures and the steady erosion of state funding in the neoliberal context, large public university systems like the California State University (CSU) system have quietly become embedded with defense contractors saturating every facet of campus life. The university-corporate nexus has become all-encompassing, producing deleterious consequences for students, faculty, and staff while undermining the university’s mission of promoting the “public good.”

    At CSULB, the administration has invited the Boeing Company to become the university’s omnipresent corporate partner. Boeing and CSULB’s insidious alliance can be found in classrooms and research labsjob fairs, Boeing internships, the Aerospace Corporation Leadership Academy, Boeing guest speakers at the Student Leadership Institute, Boeing-sponsored student orientation events, Boeing research competitions, and Boeing-sponsored scholarships for students in Business and Psychology. Students are inundated with Boeing’s footprint on campus. The College of Engineering and College of Business has quite literally transformed into Boeing’s labor-supply mill. CSULB was the second institution to receive Boeing’s “Supplier of the Year” award. It’s no surprise, then, that Boeing employs the largest number of CSULB graduates. In recent years, the College of Engineering introduced the Boeing Endowed Chair in Manufacturing. Meanwhile, the College of Business has also aligned closely with Boeing as one of its key “corporate partners” providing “internships for students, support the different centers, programs, and student organizations at the College.”

    The revolving door of defense contractor executives serving as advisors to university administrators at CSULB has become a taken-for-granted reality. Previously, the Vice President of Boeing’s Defense unit served on the Board of Directors for CSULB’s 49er Foundation – the primary body in charge of the university’s endowment and investment holdings. CSULB’s Alumni Association also honored two former Boeing Vice Presidents of Boeing’s Defense, Space, and Security unit with the Distinguished Alumni Award, CSULB’s highest alumni honor.

    Beyond Boeing, the university has also formed strategic corporate partnerships with other weapons and defense contractors complicit in Israeli violence, such as Lockheed Martin, Raytheon, and Northrop Grumman. The Dean’s Advisory Council for the College of Engineering currently has three members from Boeing, two members from Raytheon, and two members from Northrop Grumman. Like Boeing, Northrop Grumman is similarly embedded in CSULB faculty and student research, student organizations, along with so-called labor “talent” pipelines. The Dean for Research and Graduate Programs has also sought to build a closer relationship between the university and the US Army. While the university’s purported mission is to promote “global understanding” through “respect and appreciation for different cultures,” collaborations such as these do nothing of the sort. Instead, they facilitate capital accumulation for defense contractors at the expense and destruction of racialized peoples across the globe.
    Reclaiming the people’s university from the U.S.-Israeli war machine

    As Palestinian life continues to be annihilated by a settler-colonial state aided by its primary ally, the United States, hope has also emerged from university campuses where student movements are demanding transparency about university investments and divestment from corporations that thrive from war profiteering. These organizing efforts stand in stark contrast to the neoliberal university’s collaboration with corporations that profit from war and violence.

    Across the CSU, student activists are rising up and demanding transparency and accountability at numerous CSU campuses and they are winning. Cal State Sacramento became the first public university in California to promise divestment from companies doing business with Israel. At San Francisco State, students are redefining democracy at their university by engaging in open bargaining with their campus president over its investments. These movements remind us of the collective responsibility to defend, at all costs, the right to life and human dignity. Students are also mobilizing against public university partnerships with defense contractors such as Boeing. Students at Portland State University demanded the university cut all financial ties with Boeing. The pressure from Portland State’s student activists led to an announcement from the university President: “PSU will pause seeking or accepting any further gifts or grants from the Boeing Company until we have had a chance to engage in this debate and come to conclusions about a reasonable course of action.”

    Meanwhile, the CSU Office of the Chancellor has countered that they do “not intend to alter existing investment policies related to Israel or the Israel-Hamas conflict,” choosing to prioritize corporate profit-making and the neoliberal machinery of mass death rather than the purported values and responsibilities of public institutions. Drawing on the politics of scarcity without calling into question the violent logic of austerity, the CSU sanctimoniously continues to justify its support of the US war machine that actively aids genocide in Gaza. CSU leaders claim that “CSU investments provide a stable revenue stream that benefits our students and faculty, and supports our critical campus facilities, scholarships, and other key elements of our educational mission.” The fact that this “stable revenue stream” comes soaked in the innocent blood of Palestinians doesn’t give them pause, since clearly to them the right to life of Palestinians is less important than the CSU system hoarding its $8 billion reserve fund.

    Boeing’s takeover of CSULB illustrates the immense ethical challenge facing public higher education. As educators and students, we must actively resist the normalization of university partnerships with corporations that facilitate dehumanization and indignity while imagining new ways to ensure public universities can thrive without becoming complicit in the mounting crimes against humanity perpetrated by the US-Israeli military-industrial complex. The uncritical acceptance of military defense corporations’ enmeshment in all levels of the university demonstrates how a public university’s mission is being eroded before our eyes. We must ask, what role can and should public higher education play in articulating different life worlds where a generative vision of peace, justice, and transformative possibilities can flourish? The answers to these pressing ethical dilemmas are already being generated by student activists, not university administrators; this means, we need to listen to our students.

    The authors are all members of CSULB Faculty for Justice in Palestine, an academic worker collective of over 50 tenure-track and lecturer faculty at California State University, Long Beach.

    This piece first appeared at Modoweiss.

    The post Boeing University: How the California State University Became Complicit in Palestinian Genocide appeared first on CounterPunch.org.

    This post was originally published on CounterPunch.org.

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    This article is co-published with The Texas Tribune, a nonprofit, nonpartisan local newsroom that informs and engages with Texans. Sign up for The Brief Weekly to get up to speed on their essential coverage of Texas issues.

    The city of Uvalde, Texas, will overhaul police training and hiring policies as well as support more mental health services for survivors of the 2022 massacre at Robb Elementary School as part of a settlement with the families of 19 victims announced just two days before the second anniversary of the shooting.

    Attorneys for the families said in a news conference this week that the city will also pay $2 million in restitution and help construct a permanent memorial.

    The settlement is the first to be reached with families as lawsuits pile up against local and state officials and companies, including the manufacturer of the killer’s weapon, over the school shooting in which 19 children and two teachers died. Among the key failures that it seeks to address is providing sufficient training for law enforcement to respond to a mass shooting.

    City officials did not respond to questions seeking more details about the settlement, which included anagreement to implement a new “fitness for duty” standard for local police officers in coordination with the Justice Department and committed to providing enhanced training for police. But they issued a statement saying they were thankful to have arrived at an agreement “that will allow us to remember the Robb Elementary tragedy while moving forward together as a community to bring healing and restoration to all those affected.”

    Legal action could have bankrupted the city of Uvalde, which the families did not want, according to attorneys, who added that the details of the settlement, specifically those related to training, are still being finalized. A separate agreement is being negotiated with Uvalde County, which had 16 deputies responding, including the sheriff, according to attorneys.

    Most civil settlements in mass shootings are with private companies and therefore tend to be confidential, so the public rarely learns what they entail, said Jaclyn Schildkraut, executive director of the Regional Gun Violence Research Consortium at the Rockefeller Institute of Government, a public policy think tank in Albany, New York.

    While in some high-profile cases, the public may learn about the financial payoff, Schildkraut said that she has never heard of a legal settlement including a stipulation for more training. When there have been recommendations or changes related to training, as occurred after the 1999 Columbine school shooting, they tend to come from law enforcement or local, state or federal authorities. She said that the families agreeing to a settlement with such specific training stipulations in the Uvalde case demonstrates that “it was never about the money.”

    “It was about accountability and making it better so that it doesn’t happen again,” said Schildkraut, who has studied mass shootings for 17 years. “And so I think in that respect, if that was their goal, to have their loved ones not have died in vain with no change, then that absolutely is a positive.”

    Though hundreds of officers descended on the elementary school on May 24, 2022, none confronted the shooter for 77 minutes, wrongly treating the situation as one with a barricaded suspect instead of an active threat even as children and teachers pleaded with 911 dispatchers for help. They failed to follow multiple best practices taught as part of active shooter training, including setting up a clear command structure.

    An investigation published in December by ProPublica, The Texas Tribune and FRONTLINE found that about 72% of the at least 116 state and local officers who arrived at the school before the gunman was killed had received some form of active shooter training during their careers. A majority, however, had only taken it once, which is not enough, according to law enforcement experts. Federal officials declined to provide their training records to the news organizations or to the Justice Department, which released a separate review a month later.

    The news organizations analyzed training requirements across the country, which revealed that children are required to train more often for the possibility of a school shooting than law enforcement officers.

    During a press conference in Uvalde, Josh Koskoff, the families’ attorney, said the state’s failure to prevent the deaths began long before the shooting occurred. He said Texas failed to provide small communities like Uvalde, a city of about 15,000 people, with enough resources to train their officers.

    “You think the city of Uvalde has enough money, or training, or resources? You think they can hire the best of the best?” Koskoff said. “As far as the state of Texas is concerned, it sounds like their position is: ‘You’re on your own.’”

    Attorneys said they are working with Uvalde families who plan to file additional lawsuits before the statute of limitations for such cases ends Friday. The lawyers announced the first of those suits on Wednesday.

    The new federal lawsuit against the Texas Department of Public Safety, the Uvalde Consolidated Independent School District, an energy management company and a telecommunications company seeks at least $500 million in damages on behalf of the families of 17 children who were killed and two who were injured.

    The 98-page lawsuit claims that the failure of more than 90 DPS troopers to engage the shooter endangered children and cost lives, Koskoff and other attorneys argued in the lawsuit. It also names the former school district police chief, Pete Arredondo, the school’s principal, Mandy Gutierrez, a school resource officer, Adrian Gonzales, and Jesus R. Suarez Jr., a member of the school board and reserve officer for the Southwest Texas Junior College Police Department, citing their inaction. Reached on his cellphone, Suarez said he hadn’t seen the lawsuit and referred questions to his attorney, who did not respond to calls and emails. An attorney for Gutierrez and Gonzales also did not return calls and texts sent to his listed cell phone number. Arredondo could not be reached for comment, but his attorney has previously argued that he was being scapegoated.

    The lawsuit argues that while the “craven actions” of the school district police are well known, “equally culpable actions” by DPS officers have been “shielded from public scrutiny.” It notes that DPS has fought the release of its officers’ body-camera footage, radio communications, officer interviews and other records. The Tribune, ProPublica and other media organizations are suing the agency for such records. A state district judge ruled last year that DPS should release those records, but the agency has appealed.

    Spokespeople for DPS and the school district declined to comment on the lawsuit.

    “For two long years, we have languished in pain and without any accountability from the law enforcement agencies and officers who allowed our families to be destroyed that day,” Veronica Luevanos, whose daughter Jailah and nephew Jayce were killed, said in a statement. Luevanos said that while the settlement with the city reflects a first good-faith effort to begin rebuilding trust, “it wasn’t just Uvalde officers who failed us that day.”

    “Nearly 100 officers from the Texas Department of Public Safety have yet to face a shred of accountability for cowering in fear while my daughter and nephew bled to death in their classroom.”

    Only about a dozen officers from the nearly two dozen agencies that responded to the shooting have been fired or suspended, or have retired as a result. At least five DPS officers were among them.

    The lawsuit also names as defendants two companies: Massachusetts-based Schneider Electric USA Inc., which it claims manufactured or installed the door-locking mechanisms at Robb Elementary, arguing that the designs are “unreasonably dangerous” because they force teachers to step outside their classrooms to lock doors, and Motorola Solutions Inc., which designed or sold the radio communication used by police and medics at the scene. The devices are “defective and unreasonably dangerous” because they left some first responders without access to necessary communications, according to the lawsuit.

    A spokesperson for Motorola did not respond to emailed questions about the lawsuit. A spokesperson for Schneider Electric USA Inc. wrote in an email that the company did not make the locks at Robb Elementary and said that its inclusion was an error. He noted the company had been dropped in a previous lawsuit for that reason and was in touch with attorneys for the families in the current filing. He said the company expects to be dropped from this case.

    A spokesperson for the attorneys said that if Schneider Electric USA Inc. provides information confirming it did not make the locks, the company will be removed from the suit.

    The settlement and lawsuit bring some needed accountability after an “unbearable two years,” said Javier Cazares, whose 9-year-old Jacklyn Cazares was killed in the shooting.

    “There was an obvious system failure out there on May 24. The whole world saw that,” Cazares said. “The time has come to do the right thing.”

    This post was originally published on ProPublica.