Category: Justice

  • NEW YORK, UNITED STATES - APRIL 29: Pro-Palestinian students continue protesting on the second weeks of 'Gaza Solidarity Encampment' at Columbia University in New York, United States on April 29, 2024. (Photo by Fatih Aktas/Anadolu via Getty Images)
    Pro-Palestinian students at a protest encampment at Columbia University in New York City on April 29, 2024. Photo: Fatih Aktas/Anadolu via Getty

    I’ve lived a lot of life but can’t say I’ve ever had the secretary of Homeland Security tweet a video of me before.

    On March 14, a day before the story broke of an international student, Ranjani Srinivasan, a Ph.D. candidate at Columbia University who fled from U.S. Immigration and Customs Enforcement to Canada, I received a call from a friend informing me that a video of me accompanying Srinivasan was released and being circulated online by Kristi Noem.

    My body involuntarily began to tremble.

    Despite my status as a natural-born American citizen and the fact that I had committed no crime, I envisioned a battalion of law enforcement officers dragging me from my apartment and forcing me into an unmarked vehicle, just as they had with Mahmoud Khalil six days before, and just as they have attempted to do with other students on Columbia’s campus.

    I didn’t leave my apartment for four days.

    Dismantling the American Dream

    The chaos unfurling at Columbia is no longer about Palestine, Israel, or divestment. And insofar as it ever was, the administration’s ever-tightening grip on Columbia is not about antisemitism — and it is not at Harvard University, where the specter of antisemitism is being used to threaten funding there just as it was at Columbia.

    It is about freedom of speech, immigration policy, constitutional equality, police, and control over people’s lives. The crackdown is a declaration about upward mobility and dictating what “opportunity” looks like for different people.

    Related

    Pro-Israel Advocates Are Weaponizing “Safety” on College Campuses

    This is about Donald Trump’s systematic and calculated dismantling of the American Dream, encapsulated in a singularly defining moment in American history. It’s about McCarthyist accusations of “antisemitism” being leveraged as a scapegoat to justify Trump’s ruthless and indiscriminate assault on international students.

    With the administration now unleashing on Harvard and other schools sure to come soon, we are at a critical opportunity to come up for air and recognize that what is happening here under the auspices of rooting out “antisemitism” is, in fact, an assault on the American Dream. It’s a program that runs counter to the values and liberties Columbia, many other universities,  and the country as a whole espouse.

    An Immigration Policy of Terrorism

    Unlike other forms of violence, terrorism is a tactic intended to rupture society. It is the deliberate use of physical and narrative violence wielded against symbolic victims to coerce, intimidate, and hijack established institutions and policies. Terrorism triangulates violence by targeting innocent victims for the purpose of igniting mass hysteria and chronic fear.

    Related

    How a Landlord and a Florida PR Firm Helped Trump Kick Off the Tren de Aragua Gang Panic

    Those four days holed up in my apartment after Noem tweeted a video of me offered a visceral glimpse into the terror that international students at Columbia and beyond experience every day.

    For Srinivasan, the line was much more direct: Noem exploited her terror as a marketing ploy to promote a new “self-deportation” app.

    Referring to Srinivasan’s harried departure as a self-congratulatory gold star for a successful immigration policy — that is to say, the Trump administration’s immigration policy of terror.

    This is the strategy of the federal government, abetted by Columbia, with its constant invocation of the specter of “antisemitism.”

    Antisemitism at Columbia

    Antisemitism at elite institutions is a very real and reprehensible problem. Yet accusations of “antisemitism” at Columbia now serve as a catch-all cudgel wielded to silence voices of dissent.

    Most ironically, this weaponization of the accusation has led to the silencing of Jewish student voices, and disregard for the real issues Jewish students and faculty face.

    The Jewish community at Columbia is a tremendous part of our diverse and inspiring, campus life. To use Jews as political pawns is antisemitic. To scapegoat and put a target on their backs is antisemitic.

    For then–interim president Katrina Armstrong to offer empty platitudes about supposed values rather than acknowledging how her actions have vilified Jewish students is antisemitic.

    To claim to protect Jewish students while withholding funding from their own research is antisemitic. For Trump to position himself as the arbiter of who gets to be Jewish is antisemitic.

    This form of antisemitism uses the very real experiences of bigotry and racism hurled at our Jewish community as a tool to achieve its own financial interests and autocratic goals.

    What is happening at Columbia is not and has never been about protecting our Jewish community.

    The Antidote

    I was asked to accompany Srinivasan just an hour before I needed to arrive at the airport. I went because she feared being disappeared, apprehended, or detained without anyone knowing where she was.

    As a light-skinned U.S. citizen, I carry a learned confidence around authority and law enforcement. Yet, even with such a privilege, anxiety pulsed through my chest as our plane touched down in Canada.

    I can’t adequately capture the relief that washed over me as Srinivasan passed through the immigration checkpoint unchallenged. And as I exhaled for the first time in what felt like days, my thoughts drifted to my own family’s story.

    During World War II, my Chinese grandfather fled to the United States without “documentation.” Despite the barriers imposed by the Chinese Exclusion Act, he was drawn by the promise of the American Dream.

    My mother’s family can be traced back to Peregrine White — the first child to be born aboard the Mayflower. These stories run deep in my veins, reflecting both the immigrant experience and the American journey. Together, they illuminate the essence of what we have come to recognize as the American Dream: struggle, sacrifice, and a conviction that the freedom our shores offer is for all.

    The Trump administration’s tired strategy is to turn us as Americans against each other in a divisive zero-sum game — to pit Democrat against Republican, the “elite” against the working class, the Jewish community against those calling to end the Palestinian genocide, the immigrant against the citizen.

    The antidote is already baked into our national creedos: “We the people.” This is not a description of adversaries. Each of us, immigrants included, are part of a rich and storied history of struggle, sacrifice, and self-determination.

    If our democracy is to survive, it’s imperative that we reject the forces of autocracy that seek to divide us and remember that immigrants, perhaps more than anyone, are the lifeblood of the American Dream.

    The post This Is Not About Antisemitism, Palestine, or Columbia. It’s Trump Dismantling the American Dream. appeared first on The Intercept.

    This post was originally published on The Intercept.

  • NEW YORK, UNITED STATES - APRIL 29: Pro-Palestinian students continue protesting on the second weeks of 'Gaza Solidarity Encampment' at Columbia University in New York, United States on April 29, 2024. (Photo by Fatih Aktas/Anadolu via Getty Images)
    Pro-Palestinian students at a protest encampment at Columbia University in New York City on April 29, 2024. Photo: Fatih Aktas/Anadolu via Getty

    I’ve lived a lot of life but can’t say I’ve ever had the secretary of Homeland Security tweet a video of me before.

    On March 14, a day before the story broke of an international student, Ranjani Srinivasan, a Ph.D. candidate at Columbia University who fled from U.S. Immigration and Customs Enforcement to Canada, I received a call from a friend informing me that a video of me accompanying Srinivasan was released and being circulated online by Kristi Noem.

    My body involuntarily began to tremble.

    Despite my status as a natural-born American citizen and the fact that I had committed no crime, I envisioned a battalion of law enforcement officers dragging me from my apartment and forcing me into an unmarked vehicle, just as they had with Mahmoud Khalil six days before, and just as they have attempted to do with other students on Columbia’s campus.

    I didn’t leave my apartment for four days.

    Dismantling the American Dream

    The chaos unfurling at Columbia is no longer about Palestine, Israel, or divestment. And insofar as it ever was, the administration’s ever-tightening grip on Columbia is not about antisemitism — and it is not at Harvard University, where the specter of antisemitism is being used to threaten funding there just as it was at Columbia.

    It is about freedom of speech, immigration policy, constitutional equality, police, and control over people’s lives. The crackdown is a declaration about upward mobility and dictating what “opportunity” looks like for different people.

    Related

    Pro-Israel Advocates Are Weaponizing “Safety” on College Campuses

    This is about Donald Trump’s systematic and calculated dismantling of the American Dream, encapsulated in a singularly defining moment in American history. It’s about McCarthyist accusations of “antisemitism” being leveraged as a scapegoat to justify Trump’s ruthless and indiscriminate assault on international students.

    With the administration now unleashing on Harvard and other schools sure to come soon, we are at a critical opportunity to come up for air and recognize that what is happening here under the auspices of rooting out “antisemitism” is, in fact, an assault on the American Dream. It’s a program that runs counter to the values and liberties Columbia, many other universities,  and the country as a whole espouse.

    An Immigration Policy of Terrorism

    Unlike other forms of violence, terrorism is a tactic intended to rupture society. It is the deliberate use of physical and narrative violence wielded against symbolic victims to coerce, intimidate, and hijack established institutions and policies. Terrorism triangulates violence by targeting innocent victims for the purpose of igniting mass hysteria and chronic fear.

    Related

    How a Landlord and a Florida PR Firm Helped Trump Kick Off the Tren de Aragua Gang Panic

    Those four days holed up in my apartment after Noem tweeted a video of me offered a visceral glimpse into the terror that international students at Columbia and beyond experience every day.

    For Srinivasan, the line was much more direct: Noem exploited her terror as a marketing ploy to promote a new “self-deportation” app.

    Referring to Srinivasan’s harried departure as a self-congratulatory gold star for a successful immigration policy — that is to say, the Trump administration’s immigration policy of terror.

    This is the strategy of the federal government, abetted by Columbia, with its constant invocation of the specter of “antisemitism.”

    Antisemitism at Columbia

    Antisemitism at elite institutions is a very real and reprehensible problem. Yet accusations of “antisemitism” at Columbia now serve as a catch-all cudgel wielded to silence voices of dissent.

    Most ironically, this weaponization of the accusation has led to the silencing of Jewish student voices, and disregard for the real issues Jewish students and faculty face.

    The Jewish community at Columbia is a tremendous part of our diverse and inspiring, campus life. To use Jews as political pawns is antisemitic. To scapegoat and put a target on their backs is antisemitic.

    For then–interim president Katrina Armstrong to offer empty platitudes about supposed values rather than acknowledging how her actions have vilified Jewish students is antisemitic.

    To claim to protect Jewish students while withholding funding from their own research is antisemitic. For Trump to position himself as the arbiter of who gets to be Jewish is antisemitic.

    This form of antisemitism uses the very real experiences of bigotry and racism hurled at our Jewish community as a tool to achieve its own financial interests and autocratic goals.

    What is happening at Columbia is not and has never been about protecting our Jewish community.

    The Antidote

    I was asked to accompany Srinivasan just an hour before I needed to arrive at the airport. I went because she feared being disappeared, apprehended, or detained without anyone knowing where she was.

    As a light-skinned U.S. citizen, I carry a learned confidence around authority and law enforcement. Yet, even with such a privilege, anxiety pulsed through my chest as our plane touched down in Canada.

    I can’t adequately capture the relief that washed over me as Srinivasan passed through the immigration checkpoint unchallenged. And as I exhaled for the first time in what felt like days, my thoughts drifted to my own family’s story.

    During World War II, my Chinese grandfather fled to the United States without “documentation.” Despite the barriers imposed by the Chinese Exclusion Act, he was drawn by the promise of the American Dream.

    My mother’s family can be traced back to Peregrine White — the first child to be born aboard the Mayflower. These stories run deep in my veins, reflecting both the immigrant experience and the American journey. Together, they illuminate the essence of what we have come to recognize as the American Dream: struggle, sacrifice, and a conviction that the freedom our shores offer is for all.

    The Trump administration’s tired strategy is to turn us as Americans against each other in a divisive zero-sum game — to pit Democrat against Republican, the “elite” against the working class, the Jewish community against those calling to end the Palestinian genocide, the immigrant against the citizen.

    The antidote is already baked into our national creedos: “We the people.” This is not a description of adversaries. Each of us, immigrants included, are part of a rich and storied history of struggle, sacrifice, and self-determination.

    If our democracy is to survive, it’s imperative that we reject the forces of autocracy that seek to divide us and remember that immigrants, perhaps more than anyone, are the lifeblood of the American Dream.

    The post This Is Not About Antisemitism, Palestine, or Columbia. It’s Trump Dismantling the American Dream. appeared first on The Intercept.

    This post was originally published on The Intercept.

  • Berlin’s immigration authorities are moving to deport four young foreign residents on allegations related to participation in protests against Israel’s war on Gaza, an unprecedented move that raises serious concerns over civil liberties in Germany.

    The deportation orders, issued under German migration law, were made amid political pressure and over internal objections from the head of the state of Berlin’s immigration agency. The internal strife arose because three of those targeted for deportation are citizens of European Union member states who normally enjoy freedom of movement between E.U. countries.

    The orders — issued by the state of Berlin, whose Senate administration oversees immigration enforcement — are set to take effect in less than a month. None of the four has been convicted of any crimes.

    The cases are drawing comparisons to the U.S.’s use of deportation orders to suppress social movements.

    “If someone is being expelled simply for their political beliefs, that’s a massive overreach.”

    “What we’re seeing here is straight out of the far right’s playbook,” said Alexander Gorski, a lawyer representing two of the protesters. “You can see it in the U.S. and Germany, too: Political dissent is silenced by targeting the migration status of protesters.”

    “From a legal perspective, we were alarmed by the reasoning, which reminded us of the case of Mahmoud Khalil,” Gorski said, referring to the Palestinian Columbia University graduate and U.S. permanent resident who was seized from his apartment building on allegations related to campus pro-Palestine activities.

    The four people slated for deportation, Cooper Longbottom, Kasia Wlaszczyk, Shane O’Brien, and Roberta Murray, are citizens of, respectively, the U.S., Poland, and in the latter two cases Ireland.

    Under German migration law, authorities don’t need a criminal conviction to issue a deportation order, said Thomas Oberhäuser, a lawyer and chair of the executive committee on migration law at the German Bar Association. The reasons cited, however, must be proportional to severity of deportation, meaning that factors like whether someone will be separated from their family or lose their business come into play.

    “The key question is: How severe is the threat and how proportionate the response?” said Oberhäuser, who is not involved in the case. “If someone is being expelled simply for their political beliefs, that’s a massive overreach.”

    “Impermissible”

    Each of the four protesters faces separate allegations from the authorities, all of which are sourced from police files and tied to pro-Palestine actions in Berlin. Some, but not all, of the allegations would correspond to criminal charges in Germany; almost none of them have been brought before a criminal court.

    The protests in question include a mass sit-in at the Berlin central train station, a road blockade, and the late-2024 occupation of a building at the Free University Berlin.

    The only event that tied the four cases together was the allegation that the protesters participated in the university occupation, which involved property damage, and alleged obstruction of an arrest — a so-called de-arrest aimed at blocking a fellow protesters’ detention. None of the protesters are accused of any particular acts of vandalism or the de-arrest at the university. Instead, the deportation order cites the suspicion that they took part in a coordinated group action. (The Free University told The Intercept it had no knowledge of the deportation orders.)

    Some of the allegations are minor. Two, for example, are accused of calling a police officer “fascist” — insulting an officer, which is a crime. Three are accused of demonstrating with groups chanting slogans like “From the river to the sea, Palestine Will be Free” — which was outlawed last year in Germany — and “free Palestine.” Authorities also claim all four shouted antisemitic or anti-Israel slogans, though none are specified.

    Two are accused of grabbing an officers’ or another protesters’ arm in an attempt to stop arrests at the train station sit-in.

    O’Brien, one of the Irish citizens, is the only one of the four whose deportation order included a charge – the accusation that he called a police officer a “fascist” – that has been brought before a criminal court in Berlin, where he was acquitted.

    All four are accused, without evidence, of supporting Hamas, a group Germany has designated as a terrorist organization.

    “What we’re seeing are the harshest possible measures available, based on accusations that are extremely vague.”

    Three of the four deportation orders explicitly invoke alleged public safety threats and support for Hamas to argue that the protesters are not entitled to their constitutional rights to free expression and assembly in deportation proceedings.

    “What we’re seeing are the harshest possible measures available, based on accusations that are extremely vague and in part completely unfounded,” said Gorski, the lawyer for two of the protesters.

    In an unprecedented move, said Gorski, three of the four deportation orders cite Germany’s national pledge to defend Israel – the country’s Staatsräson, German for reason of state – as justification.

    Oberhäuser, of the Bar Association’s immigration committee, said Staatsräson is a principle rather than a meaningful legal category. And a parliamentary body recently argued that there are no legally binding effects of the provision.

    The distinction, said Oberhäuser, makes the use of Staatsräson in deportation proceedings legally dubious: “That’s impermissible under constitutional law.”

    Internal Objections

    Internal emails obtained by The Intercept show political pressure behind the scenes to issue the deportation orders, despite objections from Berlin immigration officials.

    The battle played out between bureaucrats from the branches of the Senate of Berlin, the state’s executive governing body under the authority of Kai Wegner, the mayor, who is in turn elected by the city’s parliamentary body.

    After the Berlin Senate’s Interior Department asked for a signed deportation order, Silke Buhlmann, head of crime prevention and repatriation at the immigration agency, raised objections.

    “There are no final criminal convictions to substantiate a sufficiently serious and actual threat.”

    In an email, Buhlmann noted her concerns were shared by the immigration agency’s top official Engelhard Mazanke.

    Buhlmann explicitly warned that the legal basis for revoking the three EU citizens’ freedom of movement was insufficient — and that deporting them would be unlawful.

    “In coordination with Mr. Mazanke, I inform you that I cannot comply with your directive of December 20, 2024 — to conduct hearings for the individuals listed under a) to c) and subsequently determine loss of freedom of movement — for legal reasons,” Buhlmann wrote, referring to the three citizens of EU states as cases A to C. Buhlmann wrote that, though the police reports “suggest a potential threat to public order from the individuals concerned, there are no final criminal convictions to substantiate a sufficiently serious and actual threat.”

    The internal objection, known as a remonstration, was quickly overruled by Berlin Senate Department official Christian Oestmann, who dismissed the concerns and ordered to proceed with the expulsion orders anyway.

     “[F]or these individuals, continued freedom of movement cannot be justified on grounds of public order and safety, regardless of any criminal convictions,” he wrote. “I therefore request that the hearings be conducted immediately as instructed.”

    In a statement to The Intercept, a spokesperson for the Senate Department told The Intercept that the Interior department had authority over the immigration office.

    “The Senate Department for the Interior and Sport exercises technical and administrative supervision over the State Office for Immigration,” the spokesperson said. “As part of this role, it holds the authority to issue directives.”

    The Senate declined to comment on the specifics of the cases, citing privacy protections. The immigration agency did not respond to The Intercept’s request for comment.

    In the end, Mazanke, the top immigration justice official, complied with the directive and signed the order.

    The Targets

    In Interviews with The Intercept, the four protesters on the receiving end of the deportation orders declined to discuss the specific allegations levelled against them.

    All four have, for the meantime, been ordered to leave Germany by April 21, 2025, or face forcible deportation.

    The most severe consequences would be faced by Longbottom, a 27-year-old American student from Seattle, Washington, who would be barred by the order from entering any of the 29 Schengen Zone countries for two years after leaving Germany.

    Longbottom, who denied any antisemitism, told The Intercept they have only six months left to complete their master’s degree at Berlin’s Alice Salomon University studying human rights work.

    “Will I be able to finish my Master’s program here? Where am I going to live?” Longbottom said. “All of these questions are very unclear.”

    Longbottom, who is trans, lives in Berlin with their partner, an Italian citizen. The prospect of being separated weighs heavily on them.

    “I don’t have anything to start over with,” they said. “As a trans person, the idea of going back to the U.S. right now feels really scary.”

    Kasia Wlaszczyk, 35, a cultural worker and Polish citizen, said he never imagined this could happen. He emphasized that allegations of antisemitism are predominantly a racist tactic levelled against Palestinians, Arabs, and Muslims in Germany and the deportation orders reflected an increase in the use of the allegation against anyone standing in solidarity with them.

    “Germany weaponizes these accusations,” he said.

    Wlaszczyk, who is also trans, hasn’t lived in Poland since the age of ten.

    “If this goes through, it would uproot me from the community I’ve built here.” he said.

    The sense of an impending loss of community was common among the protesters.

    “They’re being used as guinea pigs.”

    “My illusion of Berlin has been shattered by the lack of response to the genocide,” said Shane O’Brien, 29, an Irish citizen. The violent repression of Arab communities in Berlin, he said, left him shaken.

    After three years in Berlin, the threat of removal now feels like a rupture to Roberta Murray, 31, who is also Irish.

    “My life is here,” they said. “I’m not making any plans for Ireland. I believe that we will win — and that we’ll stay. I don’t believe this will hold up in a court.”

    Gorski and other attorneys now filed an urgent motion for interim relief alongside a formal appeal challenging the legality of the deportation orders.

    He noted that he has worked on similar cases where migration law was used to target pro-Palestinian activists for their speech, but what sets the current four cases apart, he said, is the openness with which Germany’s so-called Staatsräson is used to justify expulsions.

    “These people’s criminal records are clean,” Gorski said. Yet the Berlin government appears to be constructing a narrative of “imminent danger” to sidestep due process.

    Gorski warned that the cases are a test run for broader repression against immigrants and activists in Germany, not just about four protesters.

    He said, “They’re being used as guinea pigs.”

    The post Germany Turns to U.S. Playbook: Deportations Target Gaza War Protesters appeared first on The Intercept.

    This post was originally published on The Intercept.

  • Megan Wallace had just been booked at the St. Johns County Jail in St. Augustine, Florida, when she started hearing gossip about its most notorious resident. Michelle Taylor, then 34, had allegedly set fire to her own house in 2018, killing her 11-year-old son. The motive was insurance money. Everyone at the jail seemed disgusted by her. “The guards treated her like shit,” Wallace said.

    A mother herself, Wallace vowed to stay away from Taylor. But after a couple of months, Taylor was moved out of solitary confinement and into her cellblock. “The stories I’d heard didn’t add up to how she was in real life,” Wallace said. Taylor was withdrawn and heavily medicated. Other women at the jail were openly cruel toward her, but she didn’t lash out. “She slept all day and wouldn’t get up for breakfast or lunch.”

    Wallace knew how it felt to be judged by people who didn’t have all the facts. She had spiraled into addiction after the sudden death of her husband, culminating in her arrest two days after Christmas in 2022. Prosecutors accused her of drug trafficking, which she insisted was bogus. As Wallace fought her own charges, she started to feel sorry for Taylor. “All she did was cry about her son,” Wallace said. “She was like, ‘I don’t want to live.’”

    Wallace eventually opened up to Taylor about losing her husband. They formed a bond that strengthened over time. As Wallace got to know Taylor, she seemed less like a monster and more like a grieving mother who had suffered unspeakable trauma. David wasn’t the only child Taylor had lost. Her middle child, Natalie, who was born with cerebral palsy, died in a tragic accident five years before the fire. News reports about Taylor mentioned her daughter’s death, leading to callous comments online and lurid rumors at the jail. “People said she drowned her daughter in the bathtub and locked her son in a closet and took off the door handle,” Wallace said.

    Taylor didn’t talk about the fire in jail. But she’d always sworn she had no idea how it started — she barely escaped herself. Although Wallace had no way to know the truth, it seemed obvious to her that Taylor had loved her children and her home. By the time Wallace saw her own charges dropped in the summer of 2023, she felt certain that the fire had been an accident and that Taylor had been wrongly accused.

    Back home, Wallace started reading everything she could about arson cases. She learned about people who had been wrongfully convicted based on junk science. And she discovered that the Florida state fire lab, which examined the evidence in Taylor’s case, had once lost its accreditation after misidentifying gasoline in numerous cases. One name came up over and over again: John Lentini, a renowned Florida fire scientist who had helped exonerate people all over the country. In October 2023 she wrote him an email with the subject line “Please help.”

    As it turned out, Lentini had been contacted about the case before, by a defense attorney who no longer represented Taylor. At that time, Lentini was skeptical he could help; there appeared to be overwhelming evidence of arson. According to the lab, a dozen fire debris samples taken from Taylor’s home contained gasoline.

    “The lab report that says they found gasoline is bullshit.”

    Although Lentini was a fierce and vocal critic of the lab, he found it hard to believe that it would produce a report containing so many false positives. In a call with Taylor’s new lawyer, he offered to examine the underlying data from the fire debris samples — but he was doubtful it would change much. “If there really was that much gasoline in the house,” he told Wallace, “there is nothing I can do.”

    But on January 4, 2024, Wallace received an email from Lentini. “Michelle is not guilty,” it read. “The lab report that says they found gasoline is bullshit. Every part of the state’s case rests on that.”

    Family photographs belonging to the Taylor family, shown after the fire at 1041 Lee St.
    Family photographs belonging to the Taylor family, shown after the fire at 1041 Lee St. in St. Augustine, Fla. Photo: Florida Bureau of Fire, Arson, and Explosives Investigations

    Today the state of Florida is prepared to convict Taylor for killing her son, despite the fact that the only direct evidence of arson has been thoroughly discredited.

    More than a year after Lentini raised red flags about the state’s case, writing in an expert report that it is based on “unreliable methodology and incorrect opinions regarding the presence of ignitable liquid residue,” several other leading fire experts have agreed with his conclusions. They include two different lab directors who are also veteran forensic chemists. One of them examined the data from the state lab, while the other retested the carbon strips used to analyze fire debris from the scene. Both recently submitted reports to Taylor’s defense attorney saying there is no evidence of gasoline. 

    The lab’s conclusions have also been contradicted by two forensic chemists with the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives, who reviewed Lentini’s expert report and agreed in depositions last April that the gasoline findings were unsupported.

    The lab has not responded directly to these claims. But in January, the analyst who examined the fire debris evidence in Taylor’s case submitted an amended report backtracking on some of her original findings “due to the re-evaluation of the data.” Four of the samples she previously said were positive for gasoline were now determined to be negative for any ignitible liquid. A spokesperson for the Fire Marshal’s Office did not respond to a detailed list of comments in time for publication.

    Despite the ongoing dismantling of evidence supporting its arson case, prosecutors with the State Attorney’s Office for Florida’s 7th Judicial Circuit have refused to drop the charges against Taylor. They insist she is a habitual liar and a fraud — a mother so diabolical she was willing to set fire to her house with her children inside to “further her lifestyle.” They point to a paper trial that proves her willingness to commit arson “in an attempt to fraudulently collect insurance funds. Her 11-year-old-son … died as a result.” Yet the investigation carried out on behalf of Taylor’s homeowner’s insurance company did not find evidence of arson either. Fire debris analysis conducted at a private lab in the aftermath of the fire revealed no gasoline or other ignitable liquid.

    Related

    How Junk Arson Science Convicted a Mother of Killing Her Own Daughters

    To Lentini and others who have worked on wrongful convictions, the case against Taylor is a version of an all-too-familiar story. In the absence of reliable forensic evidence, prosecutors put together a circumstantial case that can convince a jury a defendant is capable of murder, even if the science does not add up. In cases where a child has died, which are especially emotionally charged, it does not take much to cast parents or caretakers in a suspicious light. Mothers who escape a fire without their children are often judged harshly for that fact alone — and those with a checkered past are easier still to demonize, especially when the state can show that they were guilty of fraud. In the case of Angela Garcia, a Cleveland woman tried three times for killing her daughters in a fire, prosecutors seized on evidence of financial fraud to win a conviction and life sentence despite the fact that there was no reliable evidence of arson. Her sentencing judge accused her of treating her daughters “like coins in a slot machine.”

    Out of 26 cases in which the state fire lab had identified gasoline, more than half did not stand up to scrutiny.

    In Taylor’s case, prosecutors have made clear that they plan to tell the story of a bad mother who senselessly sacrificed her only son for material gain. But that theory eclipses a different story, one with frightening implications for anyone who survives a fire in Florida. According to Lentini, Taylor’s case is the sixth time he has personally seen a misdiagnosis of gasoline by chemists at the state fire lab — and there is reason to believe there are many more. A review of the lab in 2016 by the nation’s leading accrediting body for crime labs found that analysts were using flawed methodology to identify gasoline in fire debris evidence. Out of 26 cases in which the lab had identified gasoline, more than half did not stand up to scrutiny.

    Yet rather than reconsider its case against Taylor, prosecutors have sought to suppress any reference to the lab’s problematic history when the case goes to trial. “The State respectfully requests that no party or witness in the case be allowed to comment on the prior loss of accreditation by the State Lab,” Assistant State Attorney Jennifer Dunton wrote in a pretrial motion last spring, arguing that it was “not relevant.”

    With a trial date set for June, Taylor and her attorney were reluctant to speak on the record about the case. But the likeliest scenario is that neither side will have a chance to tell their story to a jury. After long refusing to consider a plea negotiation for a crime she insists she did not commit, Taylor has been forced to confront the risk of going to trial against prosecutors intent on proving their case with or without reliable evidence of arson. In Florida, a first-degree felony murder conviction carries a mandatory life sentence. With her next court date set for April 2, a guilty plea to a lesser charge and years in prison may be the best of a bad set of options.

    The first 911 call on the night of the fire consisted mostly of harrowing screams. “My house is on fire!” cried Taylor’s 18-year-old daughter, Bailey, wailing that her brother was inside.

    The fire was at 1041 Lee St., just east of downtown St. Augustine. On a recording of the call, which was placed at 9:42 p.m. on October 23, 2018, the screaming continues while a 911 operator tries to get information. After two minutes, Bailey says she needs to call her dad and hangs up.

    The second 911 call came two minutes later from Heather Anderson, who lived across from the Taylors — the last two houses on a dead-end street in a residential neighborhood just a few miles from the beach.

    Taylor had shown up at her door begging for help. There was soot on her face, and she was hysterical. Anderson’s husband raced to the house in search of David. But now the fire was spreading, Anderson said, her voice trembling. She saw the Taylor’s small chihuahua Milo run out of the house. But David was nowhere to be seen.

    Taylor had fled the house without her phone or keys. Witnesses described her frantically trying to get back inside. A St. Augustine police officer who was first on the scene tried to ask her questions to no avail. “Due to the emotional state of Michelle and Bailey, I was unable to gather any information in regards to how the fire started or why David was not able to get out,” he later wrote in a report.

    Firefighters arrived at 9:49 p.m. Ten minutes later, they found David’s body, lying face down and covered in debris. He was unrecognizable.

    Michelle Taylor, photographed by investigators to document her injuries on the night of the fire at 1041 Lee St in St. Augustine, FL on October 23, 2018. Taylor's 11-year-old son David died in the fire.
    The house belonging to Michelle and Dennis Taylor in St. Augustine, FL on the night of the fire. Taylor was accused of setting fire to the home to collect insurance money and charged with first degree felony murder.
    Left/Top: Michelle Taylor, photographed by investigators to document her injuries on the night of the fire at 1041 Lee St in St. Augustine, Fla., on Oct. 23, 2018. Taylor’s 11-year-old son David died in the fire. Right/Bottom: The St. Augustine house belonging to Michelle and Dennis Taylor on the night of the fire. Michelle was accused of setting fire to the home to collect insurance money and charged with first-degree felony murder. Photos: Florida Bureau of Fire, Arson, and Explosives Investigations

    In Florida, fatal fires are investigated by the state fire marshal’s Bureau of Fire, Arson, and Explosives Investigations, which dispatches personnel around the clock. The bureau also sometimes calls upon the ATF to provide additional resources — “an extra shovel,” as the supervising lieutenant said in a deposition in Taylor’s case. That night, the BFAEI called ATF Special Agent Kristie Calhoun, who drove out to the scene from Jacksonville. She would be in charge of determining the cause of the fire.

    The Taylors lived in a modern, one-story home with a stone facade. It had an open floor plan, with the kitchen to the right of the entrance and a hallway leading to four bedrooms on the left. Toward the back was the living room and the area most heavily damaged by the fire, which investigators would label the area of origin. The drywall was gone from the walls, and “the entire drywall ceiling had fallen to the floor, exposing the wooden roof structure,” Calhoun wrote in her report. What was left of the insulation was all over the ground.

    Around 1:20 a.m., Mason Patrou, a rookie detective with the St. Johns County Sheriff’s Office tried to interview Taylor at a local hospital, where she and Bailey were being treated for minor burns and smoke inhalation. “Michelle was very hesitant to speak with us and clearly displeased with our presence,” Patrou later wrote.

    Until the fire, the evening had not been out of the ordinary. Taylor, who’d recently lost her job as a custodian for the local school board, had a meal with her husband Dennis and their children at Texas Roadhouse. Upon coming home, Taylor briefly ran out to buy lottery tickets. Dennis got a call from a friend who’d shot a deer and wanted help retrieving it; he left around 8 p.m. Taylor and David went to her room to watch TV. At one point, Taylor said she went outside to look for a homework assignment David said he’d left in the car, then settled back into her bedroom, where they watched back-to-back episodes of the sitcom “Mom.”

    It was during the second episode that Taylor said she heard the smoke detectors go off. She opened her bedroom door to find thick, dark smoke. “Michelle said her and David went out of her bedroom, banged on Bailey’s door and they all tried to get out the front door but they couldn’t get the door open,” Patrou wrote. “It was so black you couldn’t see anything.” They turned down the hallway “when David went back for the dog.” She lost sight of him. She and Bailey then ran to the spare bedroom and climbed out of the window.

    Taylor said she had no idea how the fire started. But there were a few possibilities. “Michelle stated that there was a candle lit on the coffee table, near the couch,” Patrou wrote. Asked if there was anything flammable nearby, “she cited a white runner on the table and the dog, which runs loose and jumps on couch.” There was also an old electric recliner in the living room inherited from Taylor’s grandmother, which plugged into the wall and constantly malfunctioned. Dennis had recently tried to repair the electrical wires, splicing and reconnecting them using heat shrink wrap and a glue gun.

    Finally, Taylor sometimes smoked in the house. Although it was unclear whether Taylor was smoking that night, a fire marshal’s detective would report that a lighter and cigarette butt had been found in the debris.

    All of these scenarios were consistent with the area of origin. In the back corner of the living room, the couch and the recliner had been almost entirely consumed by the fire, with only their metal frames remaining.

    Nevertheless, suspicions of arson had crept in by the time the sun came up on October 24. A K9 handler had swept the home with his accelerant-detecting dog, a black labrador named Fresca, who alerted in five different places. Fire debris samples were collected in each spot, to be examined at the state fire marshal lab, which would determine whether there was proof of an ignitable liquid.

    In early November, three samples came back positive for gasoline.

    The Florida State Fire Marshal’s office is governed by Florida’s Department of Financial Services, which oversees fraud and fire investigations alike. At the time of the fire, the Chief Financial Officer and fire marshal was Jimmy Patronis, whose most recent annual report boasted “an arrest rate for the crime of arson well above the national average.”

    Florida is only one of two states in the country whose fire marshal has its own lab for fire debris analysis. Although numerous agencies are involved in fire investigation, most forensic evidence is processed at the bureau’s state-of-the-art facility in Havana, just outside Tallahassee.

    In mid-November, Calhoun and a team of investigators returned to the scene of the fire. For three days they excavated the site, collecting fire debris for additional testing. Seventeen samples were placed into tightly sealed metal cans and sent to the lab.

    Most fire debris analysis works roughly like this: Cans are heated in an oven. The resulting vapors are captured on charcoal strips suspended from the top of each can. The strips are then injected into a machine called a gas chromatograph/mass spectrometer. The former (GC) separates compounds in a given sample, while the latter (MS) detects the compounds, ultimately producing an electronic signature called a chromatogram. The resulting graph looks like an irregular combination of peaks and valleys, which mark the chemical compounds in the sample. The patterns are compared to graphs of known substances to see if there is a match.

    A metal paint can used to collect fire debris samples for testing at the Bureau of Forensic Services lab in Havana, FL. According to the state, numerous samples contained the presence of gasoline, proving that the fire was arson.
    The front entrance to the Taylor home on the morning after the fire, with a view to the living room in the back of the house. Investigators concluded that the fire started in the living room but that it developed too quickly to be accidental.
    Left/Top: A metal paint can used to collect fire debris samples for testing at the Bureau of Forensic Services lab in Havana, Fla. According to the state, numerous samples contained the presence of gasoline, proving that the fire was arson. Right/Bottom: The front entrance to the Taylor home on the morning after the fire, with a view to the living room in the back of the house. Investigators concluded that the fire started in the living room but that it developed too quickly to be accidental. Photos: Florida Bureau of Fire, Arson, and Explosives Investigations

    The process is straightforward in theory. But in practice, interpreting the data can be fraught with uncertainty. Modern homes are replete with synthetic materials, which make up everything from shoes to rugs to couch cushions. Many are made from petroleum-based products that share some of the same compounds as ignitable liquids. When these products burn and break down in a process called pyrolysis, the compounds contribute their own peaks to a chromatogram. Because today’s GCMS technology is highly sensitive and capable of picking up trace amounts of material, chromatograms from a fire debris sample are often crowded with detail. One training video by the National Center for Forensic Science at the University of Central Florida says “finding an ignitable liquid residue in fire debris is like searching for Waldo in the ‘Where’s Waldo’ puzzles.” The difference is that, unlike an ignitable liquid, Waldo is always somewhere to be found.

    Gasoline, which is the accelerant most commonly used to commit arson, is a complex mixture that is especially tricky to identify within fire debris. Lab analysts have long abided by specific parameters when examining a sample for gasoline, starting by ensuring there are five specific peaks on a chromatogram, which must appear at certain ratios. But the interpretation is ultimately highly subjective.

    In a 2019 podcast by Chemical & Engineering News, ATF chemist Michelle Evans said the difficulty of gasoline identification had made her more cautious in her analysis over the years. She told the host she was working on a case where the data was a little too ambiguous. “I think it’s there, but I don’t think I have enough to call it,” she said. “Maybe when I was starting out I might have actually identified gasoline. But in looking at the data, I don’t feel comfortable having to testify to that.”

    Among the new samples sent from Taylor’s home to the Florida lab were two different types of vinyl flooring found in the house. A pair of boxes containing the same flooring had been found in the garage, pieces of which were collected as comparison samples. Such samples are key to distinguishing compounds found in synthetic materials from those found in an ignitable liquid. “Comparison samples allow the laboratory to evaluate the possible contributions of volatile pyrolysis products to the analysis,” Calhoun wrote in her report.

    Comparison samples, in other words, are supposed to be clean of any ignitable liquid. So when the second set of lab results came back, something was clearly wrong. The flooring found boxed up in the garage had come back positive for gasoline. A third comparison sample, described as “underlayment from hallway closet floor,” also came back positive for gasoline.

    Calhoun’s report attributed the false positives on the tiles to “soot staining,” attaching a photo that showed evidence of smoke in the garage. Yet the boxes were barely visible in the picture, let alone the tiles inside. In a deposition, the lab analyst who examined the flooring said she did not recall seeing soot on the comparison samples. Nor did she think that light smoke on the boxes would necessarily contaminate the tiles inside. “I mean I’m not, like, an expert in soot,” she said.

    Lentini would later argue that the results from the comparison samples should have invalidated all of the gasoline findings. The soot explanation did not account for the false positive on the third comparison sample, he wrote in his report. What’s more, “if ‘soot’ can cause a false reading of gasoline, that can be applied to all of the debris samples.’”

    But Calhoun did not see it this way. In December 2018, she obtained new vinyl tiles matching one of the previous comparison samples and submitted it to the lab. In February 2019, that one came back negative.

    By then, the St. Johns County Sheriff’s Office was convinced they had an arson case on their hands. Patrou, the lead detective, saw red flags in the family’s financial records. At the time of the fire, the Taylors had been behind in their mortgage payments. Their bank was threatening foreclosure if they did not pay by early 2019. Despite having enough money in the bank to cover the mortgage, financial records showed that six local churches “had made payments on behalf of the Taylors.”

    But even more disturbing were interviews with Dennis’s side of the family, who immediately blamed Taylor. There was bad blood between Taylor and her mother-in-law; the two had almost come to blows on the night of the fire. Patrou wrote that Dennis’s mother told him she believed “Michelle deliberately burned the house down because Michelle didn’t have the money to do what she wanted.” Dennis’s sister agreed.

    The investigation into Taylor stretched into 2020, only to be derailed by the Covid pandemic. Calhoun’s final 45-page report was submitted in 2021. It synthesized the findings from the state fire investigators and the St. Johns County Sheriff’s Office, concluding that the fire could not have been an accident.

    It had all happened too fast, Calhoun concluded. A timeline from the night of the fire had been put together through surveillance footage taken from the neighborhood’s security cameras. It showed Taylor going out to her car at 9:33 p.m. Only six minutes later, at 9:39 p.m., video showed smoke coming from the back of the house. The first 911 call came three minutes later. There was too little time between Taylor’s last appearance and the signs of the fire captured on the tape. “An ignition source such as a cigarette or candle scenario would be a slow growing fire,” Calhoun wrote, and if a small fire was already underway before Taylor went to her car, she would have spotted it on her way back to her bedroom.

    There were at least some scenarios in which an accidental fire might have quickly overtaken the house. A cluster of living room furniture was near two windows and a pair of French doors — potentially powerful fuel, Calhoun noted. But the gasoline findings rendered other explanations moot. As Calhoun eliminated each accidental cause one by one, she wrote that each was “inconsistent with the presence of gasoline as confirmed by the laboratory analysis.”

    In August 2021, Taylor was arrested for felony murder.

    Fire investigators once described their work as an art more than a science. The process of determining the origin and cause of a fire relied as much on an investigator’s experience and intuition as on the evidence at the scene. When it came to uncovering arson, many fire investigators falsely believed they could figure out what happened based solely on visual indicators like “pour patterns” — places where an ignitable liquid had supposedly been poured, which caused a fire to burn hotter and faster than normal.

    Lentini, who began his career as a forensic chemist before moving into fire investigation, had been trained to look for such signs of arson too. But in 1991, he worked on a case in Jacksonville that dramatically transformed the understanding of fire behavior, revealing how quickly an accidental fire could reach “flashover” — a critical concept often summarized as the moment a fire in a room becomes a room on fire. In the right conditions, a smoldering fire can reach flashover in under four minutes.

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    Today fire investigations follow the scientific method, as set out by the National Fire Protection Association in NFPA 921: Guide for Fire Investigations. But for those sent to prison based on misconceptions about fire behavior, the advances in the field came too late. The most famous wrongful arson conviction is that of Cameron Todd Willingham, who was accused of setting a fire in Corsicana, Texas, that killed his three children. Despite a race by fire experts to prove that his case was based on junk science, Willingham was executed in 2004.

    That same year Texas executed Willingham, a fire broke out in Palatka, Florida, killing a woman named Tscharna Hampton. Her boyfriend, Randy Seal, was accused of dousing her with gasoline and setting her on fire. As in the Willingham case, fire investigators relied on discredited arson indicators. And as with Willingham, the state announced it would seek the death penalty.

    “I looked at it and I thought, ‘This is not gasoline.’”

    Like Taylor, Seal was prosecuted in the 7th Judicial Circuit of Florida. Lentini was hired as an expert for the defense. A lab analyst had identified gasoline in numerous samples. But when Lentini received the data, it was way off. “I looked at it and I thought, ‘This is not gasoline,’” he said. 

    Lentini examined the carbon strips used to analyze the fire debris. He found no signs of gasoline. At the trial, he used a PowerPoint presentation to break down the science in the most accessible terms for the jury. “You go down to the gas station, you buy some gasoline, you evaporate it, you run it through your machines, you get a pattern,” he explained. In order to identify gasoline in a sample, “you’ve got to be able to match that pattern.”

    “In the early days, the methodology was more or less: ‘The sample displays sufficient similarities to the standard for me to conclude that they are the same,’” Lentini went on. But this was entirely too subjective. Rules for identifying ignitable liquids in fire debris were developed by the American Society for Testing and Materials, which laid out criteria for gasoline, starting with a group of five compounds, whose peaks on a chromatogram had to appear in specific proportion to one another. “This is not a suggestion. This is not a guide. This says if you want to call it gasoline, you’ve got to have this stuff.”

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    While the Florida state lab purported to abide by this rule, known as ASTM E1618, the gasoline results showed otherwise. Not only were the ratios wrong, Lentini testified, but three of the necessary compounds were not present at all. In a deposition, a different expert later described the lab analyst’s approach as “peak pick.” If you zoom in close enough, the expert explained, virtually any chromatogram from a fire debris sample will contain patterns resembling gasoline. “It’s just, Let’s blow it up and let’s see what components show up,” he said.

    With no real rebuttal to the chemistry, the prosecutor goaded Lentini on cross-examination, daring him to smell the blue jeans worn by Hampton when she died. “You’re not willing to do it, are you?” he asked. Lentini replied with obvious irritation. “They smell like burnt cloth,” he said. More importantly, “they don’t look like gasoline when analyzed with the gas chromatograph.” The prosecutor replied that jurors could use their “common sense” to conclude that the clothing smelled like gasoline.

    Seal was found guilty but avoided the death penalty. A judge sentenced him to life in prison.

    The Seal case was the first time Lentini saw the state lab analysts find what he has wryly called “Florida gasoline.” It would not be the last.

    One year after Seal was convicted, a fire broke out inside an apartment complex outside Fort Lauderdale. Eleven-month-old Jada Reynolds was found in her crib, dead from smoke inhalation. Her mother, Sasheena Reynolds, had escaped the fire while carrying her 2-year-old son. Witnesses described her panic. “She kept saying, ‘My baby is inside the fire!,’” a neighbor told a reporter.

    At first there was an outpouring of support. Hundreds of people went to the baby’s funeral and neighbors raised money for the family. Reynolds’s electricity had been cut off at the time of the fire; she relied on scented candles to illuminate the home, which were believed to have caused the blaze.

    But everything changed when the fire marshal lab found evidence of gasoline. Reynolds was arrested and charged with first-degree murder. Investigators said they’d suspected the fire was no accident given “how quickly the fire spread and burned.”

    Lentini was hired by Reynolds’s defense attorney. The lab results echoed what he had seen in Seal’s case. Rather than face trial, Reynolds agreed to a plea deal and was released from jail in 2013. By then, Lentini had seen false gasoline findings in two other cases.

    “I suspect that erroneous identifications of gasoline happen on a routine basis.”

    In 2015, Lentini sat down to write a letter to the American Society of Crime Laboratory Directors/Laboratory Accreditation Board. “After several weeks of careful consideration, I have concluded that it is my professional obligation to bring to your attention a serious issue,” he wrote. He warned that the lab had “a continuing laboratory policy of identifying gasoline where none exists, based on a subjective and highly speculative thought process.” Although the lab claimed to follow ASTM E1618 in theory, in practice it deviated completely from the standard. “I suspect that erroneous identifications of gasoline happen on a routine basis.”

    There is no federal agency that regulates forensic labs. Accreditation bodies like ASCLD/LAB, which has since been renamed, are private entities whose leadership is closely tied to professional forensic associations and which charge labs to receive accreditation. Although labs must demonstrate certain protocols and best practices to remain in good standing, there is little oversight of the work itself. Indeed, at the time Lentini filed his complaint, the lab’s accreditation had just been renewed.

    In January 2016, a team from ASCLD/LAB traveled to Havana, Florida, to visit the lab. It interviewed lab analysts as well as its director, Carl Chasteen. Two months later, reviewers reported their findings. “The interpretation methodology being employed by the laboratory is an undocumented, unvalidated protocol that is not generally accepted in the scientific community,” they wrote. The numbers were alarming. “Of twenty-six(26) randomly selected cases in which gasoline or gasoline mixtures were reported, there were fourteen in which the interpretation of the data by the analyst resulted in an unsupported conclusion.”

    The lab lost its accreditation as a result of the review. Chasteen appealed the results, writing in a 50-page letter that the review appeared “to repudiate all of our work over the years, our professional reputations, and our personal character.” A new panel of reviewers upheld the decision to revoke the lab’s accreditation.

    Lentini considered the lab’s suspension a victory. But it was short-lived. After agreeing to a “corrective action plan,” Chasteen won back its accreditation. He also successfully sought accreditation from a second organization. By 2017, the lab had gone from being mired in scandal to boasting that it was the only public lab in the country dual-accredited by both organizations.

    The saga had a critical impact in at least one case, however. The Florida Innocence Project filed a post-conviction appeal in Seal’s case based on the discoveries about the lab. New experts analyzed the evidence and concluded that the findings of gasoline had been wrong. In 2023, prosecutors offered Seal a plea deal and he accepted.

    Before his release in 2024, Seal sent Lentini a handwritten note from prison. “I knew you were always right,” he wrote. “The lab was junk, still is. Thank you for what you did for me.”

    Last spring I traveled to St. Augustine and drove to the site of the fire. The neighborhood is surrounded by longleaf pines, with modest homes set back from the road on green lots dotted by palm trees. Google Maps had captured the house after the fire, with boarded-up windows and piles of debris on blue tarps on the driveway. But when I arrived at 1041 Lee St., there was nothing but a concrete driveway leading to a gray slab.

    Wallace told me that Taylor once described the house as her “dream home.” The family moved there in 2012 from a more rural area, mainly out of necessity. According to Dennis and Bailey, there was a man in the area who was a known pedophile; he had once tried to lure David into his car. “The cops said they couldn’t do anything about it,” Bailey told me. So they decided to move. “My mom and dad said it was to protect us.”

    It took them six months to find a place they could afford, according to Dennis. The house on Lee Street was a foreclosure sale, which needed a lot of work. They painted and redid the floors and installed planters, a picnic table, and a bird bath outside. Because her daughter Natalie loved butterflies, Taylor took butterfly lawn ornaments she’d found at Dollar Tree and used them to decorate the entrance to the house.

    A photograph of David Taylor on his gravestone at the Craig Memorial Park Mausoleum in St. Augustine, FL.
    A photograph of David Taylor on his gravestone at the Craig Memorial Park Mausoleum in St. Augustine, Fla. Photo: Liliana Segura

    I met Wallace at a Hampton Inn off I-95. She brought a small stack of papers: police reports and testimonials about Taylor from family and friends, which she had collected for an upcoming bond hearing. They described Taylor as loving and generous to friends and strangers alike. “My mother never got to grieve properly,” Bailey wrote. “She would never hurt anybody, please just let her come home.”

    Wallace said Lentini had breathed new life into Taylor’s defense. But she was also frustrated — she could not understand how prosecutors could stick to their case. She’d recently learned that, back in January, Calhoun had forwarded Lentini’s report to two different forensic chemists at the ATF, both of whom had sat down for depositions. One of them took issue with Lentini’s claim that the state lab “routinely identifies gasoline where it does not exist.” But he did not disagree with Lentini’s conclusions about the chromatography data. “The patterns that I’m seeing in the data do not appear to be gasoline to me,” he said.

    The other analyst was Michelle Evans, who gave the 2019 podcast interview in which she said she’d become more cautious in her gasoline findings over time. She concurred that the data did not show the patterns required to identify gasoline. “This strongly supports there not being gasoline there.”

    Not long after my trip to St. Augustine, Taylor was released on bond after nearly three years in jail and reunited with her family. As her joy and relief began to fade, so did her hope that prosecutors would ever drop her charges. The fear of a life sentence has given way to anguished uncertainty about whether to plead guilty after all. More than six years after the fire, Wallace said, “she just wants it to be over.”

    On March 3, which would have been David’s 18th birthday, Taylor and her family met at the cemetery where he is buried alongside his sister Natalie, under a large oak tree dripping with Spanish moss. They ate cake and wrote messages on Mylar balloons, which they released into the air.

    Wallace shared some photos via text. In one, Taylor stands smiling with Bailey, her sole remaining child, over brilliant yellow flowers.

    The group at the cemetery included Taylor’s mother, four sisters, and her nieces and nephews, some of whom she helped raise. In phone calls, friends and relatives told me the state’s case never made any sense to them. Taylor wasn’t seeking a lavish lifestyle. Her whole life revolved around her home and her children. “Wherever they went they took their kids,” her mother told me. “She loved the ground her kids walked on.”

    The post The Arson Evidence Doesn’t Hold Up. Florida Is About to Convict Her for Murder Anyway. appeared first on The Intercept.

    This post was originally published on The Intercept.

  • Megan Wallace had just been booked at the St. Johns County Jail in St. Augustine, Florida, when she started hearing gossip about its most notorious resident. Michelle Taylor had allegedly set fire to her own house in 2018, killing her 11-year-old son. The motive was insurance money. Everyone at the jail seemed disgusted by her. “The guards treated her like shit,” Wallace said.

    A mother herself, Wallace vowed to stay away from Taylor. But after a couple of months, Taylor was moved out of solitary confinement and into her cellblock. “The stories I’d heard didn’t add up to how she was in real life,” Wallace said. Taylor was withdrawn and heavily medicated. Other women at the jail were openly cruel toward her, but she didn’t lash out. “She slept all day and wouldn’t get up for breakfast or lunch.”

    Wallace knew how it felt to be judged by people who didn’t have all the facts. She had spiraled into addiction after the sudden death of her husband, culminating in her arrest two days after Christmas in 2022. Prosecutors accused her of drug trafficking, which she insisted was bogus. As Wallace fought her own charges, she started to feel sorry for Taylor. “All she did was cry about her son,” Wallace said. “She was like, ‘I don’t want to live.’”

    Wallace eventually opened up to Taylor about losing her husband. They formed a bond that strengthened over time. As Wallace got to know Taylor, she seemed less like a monster and more like a grieving mother who had suffered unspeakable trauma. David wasn’t the only child Taylor had lost. Her middle child, Natalie, who was born with cerebral palsy, died in a tragic accident five years before the fire. News reports about Taylor mentioned her daughter’s death, leading to callous comments online and lurid rumors at the jail. “People said she drowned her daughter in the bathtub and locked her son in a closet and took off the door handle,” Wallace said.

    Taylor didn’t talk about the fire in jail. But she’d always sworn she had no idea how it started — she barely escaped herself. Although Wallace had no way to know the truth, it seemed obvious to her that Taylor had loved her children and her home. By the time Wallace saw her own charges dropped in the summer of 2023, she felt certain that the fire had been an accident and that Taylor had been wrongly accused.

    Back home, Wallace started reading everything she could about arson cases. She learned about people who had been wrongfully convicted based on junk science. And she discovered that the Florida state fire lab, which examined the evidence in Taylor’s case, had once lost its accreditation after misidentifying gasoline in numerous cases. One name came up over and over again: John Lentini, a renowned Florida fire scientist who had helped exonerate people all over the country. In October 2023 she wrote him an email with the subject line “Please help.”

    As it turned out, Lentini had been contacted about the case before, by a defense attorney who no longer represented Taylor. At that time, Lentini was skeptical he could help; there appeared to be overwhelming evidence of arson. According to the lab, a dozen fire debris samples taken from Taylor’s home contained gasoline.

    “The lab report that says they found gasoline is bullshit.”

    Although Lentini was a fierce and vocal critic of the lab, he found it hard to believe that it would produce a report containing so many false positives. In a call with Taylor’s new lawyer, he offered to examine the underlying data from the fire debris samples — but he was doubtful it would change much. “If there really was that much gasoline in the house,” he told Wallace, “there is nothing I can do.”

    But on January 4, 2024, Wallace received an email from Lentini. “Michelle is not guilty,” it read. “The lab report that says they found gasoline is bullshit. Every part of the state’s case rests on that.”

    Family photographs belonging to the Taylor family, shown after the fire at 1041 Lee St.
    Family photographs belonging to the Taylor family, shown after the fire at 1041 Lee St. in St. Augustine, Fla. Photo: Florida Bureau of Fire, Arson, and Explosives Investigations

    Today the state of Florida is prepared to convict Taylor for killing her son, despite the fact that the only direct evidence of arson has been thoroughly discredited.

    More than a year after Lentini raised red flags about the state’s case, writing in an expert report that it is based on “unreliable methodology and incorrect opinions regarding the presence of ignitable liquid residue,” several other leading fire experts have agreed with his conclusions. They include two different lab directors who are also veteran forensic chemists. One of them examined the data from the state lab, while the other retested the carbon strips used to analyze fire debris from the scene. Both recently submitted reports to Taylor’s defense attorney saying there is no evidence of gasoline. 

    The lab’s conclusions have also been contradicted by two forensic chemists with the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives, who reviewed Lentini’s expert report and agreed in depositions last April that the gasoline findings were unsupported.

    The lab has not responded directly to these claims. But in January, the analyst who examined the fire debris evidence in Taylor’s case submitted an amended report backtracking on some of her original findings “due to the re-evaluation of the data.” Four of the samples she previously said were positive for gasoline were now determined to be negative for any ignitible liquid. A spokesperson for the Fire Marshal’s Office did not respond to a detailed list of comments in time for publication.

    Despite the ongoing dismantling of evidence supporting its arson case, prosecutors with the State Attorney’s Office for Florida’s 7th Judicial Circuit have refused to drop the charges against Taylor. They insist she is a habitual liar and a fraud — a mother so diabolical she was willing to set fire to her house with her children inside to “further her lifestyle.” They point to a paper trial that proves her willingness to commit arson “in an attempt to fraudulently collect insurance funds. Her 11-year-old-son … died as a result.” Yet the investigation carried out on behalf of Taylor’s homeowner’s insurance company did not find evidence of arson either. Fire debris analysis conducted at a private lab in the aftermath of the fire revealed no gasoline or other ignitable liquid.

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    To Lentini and others who have worked on wrongful convictions, the case against Taylor is a version of an all-too-familiar story. In the absence of reliable forensic evidence, prosecutors put together a circumstantial case that can convince a jury a defendant is capable of murder, even if the science does not add up. In cases where a child has died, which are especially emotionally charged, it does not take much to cast parents or caretakers in a suspicious light. Mothers who escape a fire without their children are often judged harshly for that fact alone — and those with a checkered past are easier still to demonize, especially when the state can show that they were guilty of fraud. In the case of Angela Garcia, a Cleveland woman tried three times for killing her daughters in a fire, prosecutors seized on evidence of financial fraud to win a conviction and life sentence despite the fact that there was no reliable evidence of arson. Her sentencing judge accused her of treating her daughters “like coins in a slot machine.”

    Out of 26 cases in which the state fire lab had identified gasoline, more than half did not stand up to scrutiny.

    In Taylor’s case, prosecutors have made clear that they plan to tell the story of a bad mother who senselessly sacrificed her only son for material gain. But that theory eclipses a different story, one with frightening implications for anyone who survives a fire in Florida. According to Lentini, Taylor’s case is the sixth time he has personally seen a misdiagnosis of gasoline by chemists at the state fire lab — and there is reason to believe there are many more. A review of the lab in 2016 by the nation’s leading accrediting body for crime labs found that analysts were using flawed methodology to identify gasoline in fire debris evidence. Out of 26 cases in which the lab had identified gasoline, more than half did not stand up to scrutiny.

    Yet rather than reconsider its case against Taylor, prosecutors have sought to suppress any reference to the lab’s problematic history when the case goes to trial. “The State respectfully requests that no party or witness in the case be allowed to comment on the prior loss of accreditation by the State Lab,” Assistant State Attorney Jennifer Dunton wrote in a pretrial motion last spring, arguing that it was “not relevant.”

    With a trial date set for June, Taylor and her attorney were reluctant to speak on the record about the case. But the likeliest scenario is that neither side will have a chance to tell their story to a jury. After long refusing to consider a plea negotiation for a crime she insists she did not commit, Taylor has been forced to confront the risk of going to trial against prosecutors intent on proving their case with or without reliable evidence of arson. In Florida, a first-degree felony murder conviction carries a mandatory life sentence. With her next court date set for April 2, a guilty plea to a lesser charge and years in prison may be the best of a bad set of options.

    The first 911 call on the night of the fire consisted mostly of harrowing screams. “My house is on fire!” cried Taylor’s 18-year-old daughter, Bailey, wailing that her brother was inside.

    The fire was at 1041 Lee St., just east of downtown St. Augustine. On a recording of the call, which was placed at 9:42 p.m. on October 23, 2018, the screaming continues while a 911 operator tries to get information. After two minutes, Bailey says she needs to call her dad and hangs up.

    The second 911 call came moments later from Heather Anderson, who lived across from the Taylors — the last two houses on a dead-end street in a residential neighborhood just a few miles from the beach.

    Taylor, then 34, had shown up at her door begging for help. There was soot on her face, and she was hysterical. Anderson’s husband raced to the house in search of David. But now the fire was spreading, Anderson said, her voice trembling. She saw the Taylor’s small chihuahua Milo run out of the house. But David was nowhere to be seen.

    Taylor had fled the house without her phone or keys. Witnesses described her frantically trying to get back inside. A St. Augustine police officer who was first on the scene tried to ask her questions to no avail. “Due to the emotional state of Michelle and Bailey, I was unable to gather any information in regards to how the fire started or why David was not able to get out,” he later wrote in a report.

    Firefighters arrived at 9:49 p.m. They found David’s body lying face down and covered in debris. He was unrecognizable.

    Michelle Taylor, photographed by investigators to document her injuries on the night of the fire at 1041 Lee St in St. Augustine, FL on October 23, 2018. Taylor's 11-year-old son David died in the fire.
    The house belonging to Michelle and Dennis Taylor in St. Augustine, FL on the night of the fire. Taylor was accused of setting fire to the home to collect insurance money and charged with first degree felony murder.
    Left/Top: Michelle Taylor, photographed by investigators to document her injuries on the night of the fire at 1041 Lee St in St. Augustine, Fla., on Oct. 23, 2018. Taylor’s 11-year-old son David died in the fire. Right/Bottom: The St. Augustine house belonging to Michelle and Dennis Taylor on the night of the fire. Michelle was accused of setting fire to the home to collect insurance money and charged with first-degree felony murder. Photos: Florida Bureau of Fire, Arson, and Explosives Investigations

    In Florida, fatal fires are investigated by the state fire marshal’s Bureau of Fire, Arson, and Explosives Investigations, which dispatches personnel around the clock. The bureau also sometimes calls upon the ATF to provide additional resources — “an extra shovel,” as the supervising lieutenant said in a deposition in Taylor’s case. That night, the BFAEI called ATF Special Agent Kristie Calhoun, who drove out to the scene from Jacksonville. She would be in charge of determining the cause of the fire.

    The Taylors lived in a modern, one-story home with a stone facade. It had an open floor plan, with the kitchen to the right of the entrance and a hallway leading to four bedrooms on the left. Toward the back was the living room and the area most heavily damaged by the fire, which investigators would label the area of origin. The drywall was gone from the walls, and “the entire drywall ceiling had fallen to the floor, exposing the wooden roof structure,” Calhoun wrote in her report. What was left of the insulation was all over the ground.

    Around 1:20 a.m., Mason Patrou, a rookie detective with the St. Johns County Sheriff’s Office tried to interview Taylor at a local hospital, where she and Bailey were being treated for minor burns and smoke inhalation. “Michelle was very hesitant to speak with us and clearly displeased with our presence,” Patrou later wrote.

    Until the fire, the evening had not been out of the ordinary. Taylor, who’d recently lost her job as a custodian for the local school board, had a meal with her husband Dennis and their children at Texas Roadhouse. Upon coming home, Taylor briefly ran out to buy lottery tickets. Dennis got a call from a friend who’d shot a deer and wanted help retrieving it; he left around 8 p.m. Taylor and David went to her room to watch TV. At one point, Taylor said she went outside to look for a homework assignment David said he’d left in the car, then settled back into her bedroom, where they watched back-to-back episodes of the sitcom “Mom.”

    It was during the second episode that Taylor said she heard the smoke detectors go off. She opened her bedroom door to find thick, dark smoke. “Michelle said her and David went out of her bedroom, banged on Bailey’s door and they all tried to get out the front door but they couldn’t get the door open,” Patrou wrote. “It was so black you couldn’t see anything.” They turned down the hallway “when David went back for the dog.” She lost sight of him. She and Bailey then ran to the spare bedroom and climbed out of the window.

    Taylor said she had no idea how the fire started. But there were a few possibilities. “Michelle stated that there was a candle lit on the coffee table, near the couch,” Patrou wrote. Asked if there was anything flammable nearby, she cited a white runner on the table, adding that the dog ran loose and jumped on the couch. There was also an old electric recliner in the living room inherited from Taylor’s grandmother, which plugged into the wall and constantly malfunctioned. Dennis had recently tried to repair the electrical wires, splicing and reconnecting them using heat shrink wrap and a glue gun.

    Finally, Taylor sometimes smoked in the house. Although it was unclear whether Taylor was smoking that night, a fire marshal’s detective would report that a lighter and cigarette butt had been found in the debris.

    All of these scenarios were consistent with the area of origin. In the back corner of the living room, the couch and the recliner had been almost entirely consumed by the fire, with only their metal frames remaining.

    Nevertheless, suspicions of arson had crept in by the time the sun came up on October 24. A K-9 handler had swept the home with his accelerant-detecting dog, a black Labrador named Fresca, who alerted in five different places. Fire debris samples were collected in each spot, to be examined at the state fire marshal lab, which would determine whether there was proof of an ignitable liquid.

    In early November, three samples came back positive for gasoline.

    The Florida State Fire Marshal’s office is governed by Florida’s Department of Financial Services, which oversees fraud and fire investigations alike. At the time of the fire, the Chief Financial Officer and fire marshal was Jimmy Patronis, whose most recent annual report boasted “an arrest rate for the crime of arson well above the national average.”

    Florida is only one of two states in the country whose fire marshal has its own lab for fire debris analysis. Although numerous agencies are involved in fire investigation, most forensic evidence is processed at the bureau’s state-of-the-art facility in Havana, just outside Tallahassee.

    In mid-November, Calhoun and a team of investigators returned to the scene of the fire. For three days they excavated the site, collecting fire debris for additional testing. Seventeen samples were placed into tightly sealed metal cans and sent to the lab.

    Most fire debris analysis works roughly like this: Cans are heated in an oven. The resulting vapors are captured on charcoal strips suspended from the top of each can. The strips are then rinsed with a solvent, producing a solution that is injected into a machine called a gas chromatograph/mass spectrometer. The former (GC) separates compounds in a given sample, while the latter (MS) detects the compounds, ultimately producing an electronic signature called a chromatogram. The resulting graph looks like an irregular combination of peaks and valleys, which mark the chemical compounds in the sample. The patterns are compared to graphs of known substances to see if there is a match.

    A metal paint can used to collect fire debris samples for testing at the Bureau of Forensic Services lab in Havana, FL. According to the state, numerous samples contained the presence of gasoline, proving that the fire was arson.
    The front entrance to the Taylor home on the morning after the fire, with a view to the living room in the back of the house. Investigators concluded that the fire started in the living room but that it developed too quickly to be accidental.
    Left/Top: A metal paint can used to collect fire debris samples for testing at the Bureau of Forensic Services lab in Havana, Fla. According to the state, numerous samples contained the presence of gasoline, proving that the fire was arson. Right/Bottom: The front entrance to the Taylor home on the morning after the fire, with a view to the living room in the back of the house. Investigators concluded that the fire started in the living room but that it developed too quickly to be accidental. Photos: Florida Bureau of Fire, Arson, and Explosives Investigations

    The process is straightforward in theory. But in practice, interpreting the data can be fraught with uncertainty. Modern homes are replete with synthetic materials, which make up everything from shoes to rugs to couch cushions. Many are made from petroleum-based products that share some of the same compounds as ignitable liquids. When these products burn and break down in a process called pyrolysis, the compounds contribute their own peaks to a chromatogram. Because today’s GCMS technology is highly sensitive and capable of picking up trace amounts of material, chromatograms from a fire debris sample are often crowded with detail. One training video by the National Center for Forensic Science at the University of Central Florida says “finding an ignitable liquid residue in fire debris is like searching for Waldo in the ‘Where’s Waldo’ puzzles.” The difference is that, unlike an ignitable liquid, Waldo is always somewhere to be found.

    Gasoline, which is the accelerant most commonly used to commit arson, is a complex mixture that is especially tricky to identify within fire debris. Lab analysts have long abided by specific parameters when examining a sample for gasoline, starting by ensuring there are five specific peaks on a chromatogram, which must appear at certain ratios. But the interpretation is ultimately highly subjective.

    In a 2019 podcast by Chemical & Engineering News, ATF chemist Michelle Evans said the difficulty of gasoline identification had made her more cautious in her analysis over the years. She told the host she was working on a case where the data was a little too ambiguous. “I think it’s there, but I don’t think I have enough to call it,” she said. “Maybe when I was starting out I might have actually identified gasoline. But in looking at the data, I don’t feel comfortable having to testify to that.”

    Among the new samples sent from Taylor’s home to the Florida lab were two different types of vinyl flooring found in the house. A pair of boxes containing the same flooring had been found in the garage, pieces of which were collected as comparison samples. Such samples are key to distinguishing compounds found in synthetic materials from those found in an ignitable liquid. “Comparison samples allow the laboratory to evaluate the possible contributions of volatile pyrolysis products to the analysis,” Calhoun wrote in her report.

    Comparison samples, in other words, are supposed to be clean of any ignitable liquid. So when the second set of lab results came back, something was clearly wrong. The flooring found boxed up in the garage had come back positive for gasoline. A third comparison sample, described as “underlayment from hallway closet floor,” also came back positive for gasoline.

    Calhoun’s report attributed the false positives on the tiles to “soot staining,” attaching a photo that showed evidence of smoke in the garage. Yet the boxes were barely visible in the picture, let alone the tiles inside. In a deposition, the lab analyst who examined the flooring said she did not recall seeing soot on the comparison samples. Nor did she think that light smoke on the boxes would necessarily contaminate the tiles inside. “I mean I’m not, like, an expert in soot,” she said.

    Lentini would later argue that the results from the comparison samples should have invalidated all of the gasoline findings. The soot explanation did not account for the false positive on the third comparison sample, he wrote in his report. What’s more, “if ‘soot’ can cause a false reading of gasoline, that can be applied to all of the debris samples.’”

    But Calhoun did not see it this way. In December 2018, she obtained new vinyl tiles matching one of the previous comparison samples and submitted it to the lab. In February 2019, that one came back negative.

    By then, the St. Johns County Sheriff’s Office was convinced they had an arson case on their hands. Patrou, the lead detective, saw red flags in the family’s financial records. At the time of the fire, the Taylors had been behind in their mortgage payments. Their bank was threatening foreclosure if they did not pay by early 2019. Despite having enough money in the bank to cover the mortgage, financial records showed that six local churches “had made payments on behalf of the Taylors.”

    But even more disturbing were interviews with Dennis’s side of the family, who immediately blamed Taylor. There was bad blood between Taylor and her mother-in-law; the two had almost come to blows on the night of the fire. Patrou wrote that Dennis’s mother told him she believed “Michelle deliberately burned the house down because Michelle didn’t have the money to do what she wanted.” Dennis’s sister agreed.

    The investigation into Taylor stretched into 2020, only to be derailed by the Covid pandemic. Calhoun’s final 45-page report was submitted in 2021. It synthesized the findings from the state fire investigators and the St. Johns County Sheriff’s Office, concluding that the fire could not have been an accident.

    It had all happened too fast, Calhoun concluded. A timeline from the night of the fire had been put together through surveillance footage taken from the neighborhood’s security cameras. It showed Taylor going out to her car at 9:33 p.m. Only six minutes later, at 9:39 p.m., video showed smoke coming from the back of the house. The first 911 call came three minutes later. There was too little time between Taylor’s last appearance and the signs of the fire captured on the tape. “An ignition source such as a cigarette or candle scenario would be a slow growing fire,” Calhoun wrote, and if a small fire was already underway before Taylor went to her car, she would have spotted it on her way back to her bedroom.

    There were at least some scenarios in which an accidental fire might have quickly overtaken the house. A cluster of living room furniture was near two windows and a pair of French doors — potentially powerful fuel, Calhoun noted. But the gasoline findings rendered other explanations moot. As Calhoun eliminated each accidental cause one by one, she wrote that each was “inconsistent with the presence of gasoline as confirmed by the laboratory analysis.”

    In August 2021, Taylor was arrested for felony murder.

    Fire investigators once described their work as an art more than a science. The process of determining the origin and cause of a fire relied as much on an investigator’s experience and intuition as on the evidence at the scene. When it came to uncovering arson, many fire investigators falsely believed they could figure out what happened based solely on visual indicators like “pour patterns” — places where an ignitable liquid had supposedly been poured, which caused a fire to burn hotter and faster than normal.

    Lentini, who began his career as a forensic chemist before moving into fire investigation, had been trained to look for such signs of arson too. But in 1991, he worked on a case in Jacksonville that dramatically transformed the understanding of fire behavior, revealing how quickly an accidental fire could reach “flashover” — a critical concept often summarized as the moment a fire in a room becomes a room on fire. In the right conditions, a smoldering fire can reach flashover in under four minutes.

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    Today fire investigations follow the scientific method, as set out by the National Fire Protection Association in NFPA 921: Guide for Fire and Explosion Investigations. But for those sent to prison based on misconceptions about fire behavior, the advances in the field came too late. The most famous wrongful arson conviction is that of Cameron Todd Willingham, who was accused of setting a fire in Corsicana, Texas, that killed his three children. Despite a race by fire experts to prove that his case was based on junk science, Willingham was executed in 2004.

    That same year Texas executed Willingham, a fire broke out in Palatka, Florida, killing a woman named Tscharna Hampton. Her boyfriend, Randy Seal, was accused of dousing her with gasoline and setting her on fire. As in the Willingham case, fire investigators relied on discredited arson indicators. And as with Willingham, the state announced it would seek the death penalty.

    “I looked at it and I thought, ‘This is not gasoline.’”

    Like Taylor, Seal was prosecuted in the 7th Judicial Circuit of Florida. Lentini was hired as an expert for the defense. A lab analyst had identified gasoline in numerous samples. But when Lentini received the data, it was way off. “I looked at it and I thought, ‘This is not gasoline,’” he said. 

    Lentini examined the carbon strips used to analyze the fire debris. He found no signs of gasoline. At the trial, he used a PowerPoint presentation to break down the science in the most accessible terms for the jury. “You go down to the gas station, you buy some gasoline, you evaporate it, you run it through your machines, you get a pattern,” he explained. In order to identify gasoline in a sample, “you’ve got to be able to match that pattern.”

    “In the early days, the methodology was more or less: ‘The sample displays sufficient similarities to the standard for me to conclude that they are the same,’” Lentini went on. But this was entirely too subjective. Rules for identifying ignitable liquids in fire debris were developed by the American Society for Testing and Materials, which laid out criteria for gasoline, starting with a group of five compounds, whose peaks on a chromatogram had to appear in specific proportion to one another. “This is not a suggestion. This is not a guide. This says if you want to call it gasoline, you’ve got to have this stuff.”

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    While the Florida state lab purported to abide by this rule, known as ASTM E1618, the gasoline results showed otherwise. Not only were the ratios wrong, Lentini testified, but three of the necessary compounds were not present at all. In a deposition, a different expert later described the lab analyst’s approach as “peak pick.” If you zoom in close enough, the expert explained, virtually any chromatogram from a fire debris sample will contain patterns resembling gasoline. “It’s just, Let’s blow it up and let’s see what components show up,” he said.

    With no real rebuttal to the chemistry, the prosecutor goaded Lentini on cross-examination, daring him to smell the blue jeans worn by Hampton when she died. “You’re not willing to do it, are you?” he asked. Lentini replied with obvious irritation. “They smell like burnt cloth,” he said. More importantly, “they don’t look like gasoline when analyzed with the gas chromatograph.” The prosecutor replied that jurors could use their “common sense” to conclude that the clothing smelled like gasoline.

    Seal was found guilty but avoided the death penalty. A judge sentenced him to life in prison.

    The Seal case was the first time Lentini saw the state lab analysts find what he has wryly called “Florida gasoline.” It would not be the last.

    One year after Seal was convicted, a fire broke out inside an apartment complex outside Fort Lauderdale. Eleven-month-old Jada Reynolds was found in her crib, dead from smoke inhalation. Her mother, Sasheena Reynolds, had escaped the fire while carrying her 2-year-old son. Witnesses described her panic. “She kept saying, ‘My baby is inside the fire!,’” a neighbor told a reporter.

    At first there was an outpouring of support. Hundreds of people went to the baby’s funeral and neighbors raised money for the family. Reynolds’s electricity had been cut off at the time of the fire; she relied on scented candles to illuminate the home, which were believed to have caused the blaze.

    But everything changed when the fire marshal lab found evidence of gasoline. Reynolds was arrested and charged with first-degree murder. Investigators said they’d suspected the fire was no accident given “how quickly the fire spread and burned.”

    Lentini was hired by Reynolds’s defense attorney. The lab results echoed what he had seen in Seal’s case. Rather than face trial, Reynolds agreed to a plea deal and was released from jail in 2013. By then, Lentini had seen false gasoline findings in two other cases.

    “I suspect that erroneous identifications of gasoline happen on a routine basis.”

    In 2015, Lentini sat down to write a letter to the American Society of Crime Laboratory Directors/Laboratory Accreditation Board. “After several weeks of careful consideration, I have concluded that it is my professional obligation to bring to your attention a serious issue,” he wrote. He warned that the lab had “a continuing laboratory policy of identifying gasoline where none exists, based on a subjective and highly speculative thought process.” Although the lab claimed to follow ASTM E1618 in theory, in practice it deviated completely from the standard. “I suspect that erroneous identifications of gasoline happen on a routine basis.”

    There is no federal agency that regulates forensic labs. Accreditation bodies like ASCLD/LAB, which has since been renamed, are private entities whose leadership is closely tied to professional forensic associations and which charge labs to receive accreditation. Although labs must demonstrate certain protocols and best practices to remain in good standing, there is little oversight of the work itself. Indeed, at the time Lentini filed his complaint, the lab’s accreditation had just been renewed.

    In January 2016, a team from ASCLD/LAB traveled to Havana, Florida, to visit the lab. It interviewed lab analysts as well as its director, Carl Chasteen. Two months later, reviewers reported their findings. “The interpretation methodology being employed by the laboratory is an undocumented, unvalidated protocol that is not generally accepted in the scientific community,” they wrote. The numbers were alarming. “Of twenty-six(26) randomly selected cases in which gasoline or gasoline mixtures were reported, there were fourteen in which the interpretation of the data by the analyst resulted in an unsupported conclusion.”

    The lab lost its accreditation as a result of the review. Chasteen appealed the results, writing in a 50-page letter that the review appeared “to repudiate all of our work over the years, our professional reputations, and our personal character.” A new panel of reviewers upheld the decision to revoke the lab’s accreditation.

    Lentini considered the lab’s suspension a victory. But it was short-lived. After agreeing to a “corrective action plan,” Chasteen won back its accreditation. He also successfully sought accreditation from a second organization. By 2017, the lab had gone from being mired in scandal to boasting that it was the only public lab in the country dual-accredited by both organizations.

    The saga had a critical impact in at least one case, however. The Florida Innocence Project filed a post-conviction appeal in Seal’s case based on the discoveries about the lab. New experts analyzed the evidence and concluded that the findings of gasoline had been wrong. In 2023, prosecutors offered Seal a plea deal and he accepted.

    Before his release in 2024, Seal sent Lentini a handwritten note from prison. “I knew you were always right,” he wrote. “The lab was junk, still is. Thank you for what you did for me.”

    Last spring I traveled to St. Augustine and drove to the site of the fire. The neighborhood is surrounded by longleaf pines, with modest homes set back from the road on green lots dotted by palm trees. Google Maps had captured the house after the fire, with boarded-up windows and piles of debris on blue tarps on the driveway. But when I arrived at 1041 Lee St., there was nothing but a concrete driveway leading to a gray slab.

    Wallace told me that Taylor once described the house as her “dream home.” The family moved there in 2012 from a more rural area, mainly out of necessity. According to Dennis and Bailey, there was a man in the area who was a known pedophile; he had once tried to lure David into his car. “The cops said they couldn’t do anything about it,” Bailey told me. So they decided to move. “My mom and dad said it was to protect us.”

    It took them six months to find a place they could afford, according to Dennis. The house on Lee Street was a foreclosure sale, which needed a lot of work. They painted and redid the floors and installed planters, a picnic table, and a bird bath outside. Because her daughter Natalie loved butterflies, Taylor took butterfly lawn ornaments she’d found at Dollar Tree and used them to decorate the entrance to the house.

    A photograph of David Taylor on his gravestone at the Craig Memorial Park Mausoleum in St. Augustine, FL.
    A photograph of David Taylor on his gravestone at the Craig Memorial Park Mausoleum in St. Augustine, Fla. Photo: Liliana Segura

    I met Wallace at a Hampton Inn off I-95. She brought a small stack of papers: police reports and testimonials about Taylor from family and friends, which she had collected for an upcoming bond hearing. They described Taylor as loving and generous to friends and strangers alike. “My mother never got to grieve properly,” Bailey wrote. “She would never hurt anybody, please just let her come home.”

    Wallace said Lentini had breathed new life into Taylor’s defense. But she was also frustrated — she could not understand how prosecutors could stick to their case. She’d recently learned that, back in January, Calhoun had forwarded Lentini’s report to two different forensic chemists at the ATF, both of whom had sat down for depositions. One of them took issue with Lentini’s claim that the state lab “routinely identifies gasoline where it does not exist.” But he did not disagree with Lentini’s conclusions about the chromatography data. “The patterns that I’m seeing in the data do not appear to be gasoline to me,” he said.

    The other analyst was Michelle Evans, who gave the 2019 podcast interview in which she said she’d become more cautious in her gasoline findings over time. She concurred that the data did not show the patterns required to identify gasoline. “This strongly supports there not being gasoline there.”

    Not long after my trip to St. Augustine, Taylor was released on bond after nearly three years in jail and reunited with her family. As her joy and relief began to fade, so did her hope that prosecutors would ever drop her charges. The fear of a life sentence has given way to anguished uncertainty about whether to plead guilty after all. More than six years after the fire, Wallace said, “she just wants it to be over.”

    On March 3, which would have been David’s 18th birthday, Taylor and her family met at the cemetery where he is buried alongside his sister Natalie, under a large oak tree dripping with Spanish moss. They ate cake and wrote messages on Mylar balloons, which they released into the air.

    Wallace shared some photos via text. In one, Taylor stands smiling with Bailey, her sole remaining child, over brilliant yellow flowers.

    The group at the cemetery included Taylor’s mother, four sisters, and her nieces and nephews, some of whom she helped raise. In phone calls, friends and relatives told me the state’s case never made any sense to them. Taylor wasn’t seeking a lavish lifestyle. Her whole life revolved around her home and her children. “Wherever they went they took their kids,” her mother told me. “She loved the ground her kids walked on.”

    The post The Arson Evidence Doesn’t Hold Up. Florida Is About to Convict Her for Murder Anyway. appeared first on The Intercept.

    This post was originally published on The Intercept.

  • The second of a two-part series on the historic Rongelap evacuation of 300 Marshall islanders from their irradiated atoll with the help of the Greenpeace flagship Rainbow Warrior crew and the return of Rainbow Warrior III 40 years later on a nuclear justice research mission. Journalist and author David Robie, who was on board, recalls the 1985 voyage.

    SPECIAL REPORT: By David Robie

    Mejatto, previously uninhabited and handed over to the people of Rongelap by their close relatives on nearby Ebadon Island, was a lot different to their own island. It was beautiful, but it was only three kilometres long and a kilometre wide, with a dry side and a dense tropical side.

    A sandspit joined it to another small, uninhabited island. Although lush, Mejatto was uncultivated and already it was apparent there could be a food problem.Out on the shallow reef, fish were plentiful.

    Shortly after the Rainbow Warrior arrived on 21 May 1985, several of the men were out wading knee-deep on the coral spearing fish for lunch.

    Rongelap Islanders crowded into a small boat approach the Rainbow Warrior.
    Islanders with their belongings on a bum bum approach the Rainbow Warrior. © David Robie/Eyes of Fire

    But even the shallowness of the reef caused a problem. It made it dangerous to bring the Warrior any closer than about three kilometres offshore — as two shipwrecks on the reef reminded us.

    The cargo of building materials and belongings had to be laboriously unloaded onto a bum bum (small boat), which had also travelled overnight with no navigational aids apart from a Marshallese “wave map’, and the Zodiacs. It took two days to unload the ship with a swell making things difficult at times.

    An 18-year-old islander fell into the sea between the bum bum and the Warrior, almost being crushed but escaping with a jammed foot.

    Fishing success on the reef
    The delayed return to Rongelap for the next load didn’t trouble Davey Edward. In fact, he was celebrating his first fishing success on the reef after almost three months of catching nothing. He finally landed not only a red snapper, but a dozen fish, including a half-metre shark!

    Edward was also a good cook and he rustled up dinner — shark montfort, snapper fillets, tuna steaks and salmon pie (made from cans of dumped American aid food salmon the islanders didn’t want).

    Returning to Rongelap, the Rainbow Warrior was confronted with a load which seemed double that taken on the first trip. Altogether, about 100 tonnes of building materials and other supplies were shipped to Mejatto. The crew packed as much as they could on deck and left for Mejatto, this time with 114 people on board. It was a rough voyage with almost everybody being seasick.

    The journalists were roped in to clean up the ship before returning to Rongelap on the third journey.

    ‘Our people see no light, only darkness’
    Researcher Dr Glenn Alcalay (now an adjunct professor of anthropology at William Paterson University), who spoke Marshallese, was a great help to me interviewing some of the islanders.

    “It’s a hard time for us now because we don’t have a lot of food here on Mejatto — like breadfruit, taro and pandanus,” said Rose Keju, who wasn’t actually at Rongelap during the fallout.

    “Our people feel extremely depressed. They see no light, only darkness. They’ve been crying a lot.

    “We’ve moved because of the poison and the health problems we face. If we have honest scientists to check Rongelap we’ll know whether we can ever return, or we’ll have to stay on Mejatto.”

    Kiosang Kios, 46, was 15 years old at the time of Castle Bravo when she was evacuated to “Kwaj”.

    “My hair fell out — about half the people’s hair fell out,” she said. “My feet ached and burned. I lost my appetite, had diarrhoea and vomited.”

    In 1957, she had her first baby and it was born without bones – “Like this paper, it was flimsy.” A so-called ‘jellyfish baby’, it lived half a day. After that, Kios had several more miscarriages and stillbirths. In 1959, she had a daughter who had problems with her legs and feet and thyroid trouble.

    Out on the reef with the bum bums, the islanders had a welcome addition — an unusual hardwood dugout canoe being used for fishing and transport. It travelled 13,000 kilometres on board the Rainbow Warrior and bore the Sandinista legend FSLN on its black-and-red hull. A gift from Bunny McDiarmid and Henk Haazen, it had been bought for $30 from a Nicaraguan fisherman while they were crewing on the Fri. (Bunny and Henk are on board Rainbow Warrior III for the research mission).

    “It has come from a small people struggling for their sovereignty against the United States and it has gone to another small people doing the same,” said Haazen.

    Animals left behind
    Before the 10-day evacuation ended, Haazen was given an outrigger canoe by the islanders. Winched on to the deck of the Warrior, it didn’t quite make a sail-in protest at Moruroa, as Haazen planned, but it has since become a familiar sight on Auckland Harbour.

    With the third load of 87 people shipped to Mejatto and one more to go, another problem emerged. What should be done about the scores of pigs and chickens on Rongelap? Pens could be built on the main deck to transport them to Mejatto but was there any fodder left for them?

    The islanders decided they weren’t going to run a risk, no matter how slight, of having contaminated animals with them. They were abandoned on Rongelap — along with three of the five outriggers.

    Building materials from Rongelap Island dumped on the beach at Mejatto Island.
    Building materials from the demolished homes on Rongelap dumped on the beach at arrival on Mejatto. Image: © David Robie/Eyes of Fire

    “When you get to New Zealand you’ll be asked have you been on a farm,” warned French journalist Phillipe Chatenay, who had gone there a few weeks before to prepare a Le Point article about the “Land of the Long White Cloud and Nuclear-Free Nuts”.

    “Yes, and you’ll be asked to remove your shoes. And if you don’t have shoes, you’ll be asked to remove your feet,” added first mate Martini Gotjé, who was usually barefooted.

    The last voyage on May 28 was the most fun. A smaller group of about 40 islanders was transported and there was plenty of time to get to know each other.

    Four young men questioned cook Nathalie Mestre: where did she live? Where was Switzerland? Out came an atlas. Then Mestre produced a scrapbook of Fernando Pereira’s photographs of the voyage. The questions were endless.

    They asked for a scrap of paper and a pen and wrote in English:

    “We, the people of Rongelap, love our homeland. But how can our people live in a place which is dangerous and poisonous. I mean, why didn’t those American people test Bravo in a state capital? Why? Rainbow Warrior, thank you for being so nice to us. Keep up your good work.”

    Each one wrote down their name: Balleain Anjain, Ralet Anitak, Kiash Tima and Issac Edmond. They handed the paper to Mestre and she added her name. Anitak grabbed it and wrote as well: “Nathalie Anitak”. They laughed.

    Greenpeace photographer Fernando Pereira and Rongelap islander Bonemej Namwe on board a bum bum boat in May 1985
    Greenpeace photographer Fernando Pereira and Rongelap islander Bonemej Namwe on board a bum bum boat in May 1985. Fernando was killed by French secret agents in the Rainbow Warrior bombing on 10 July 1985. Image: © David Robie/Eyes of Fire

    Fernando Pereira’s birthday
    Thursday, May 30, was Fernando Pereira’s 35th birthday. The evacuation was over and a one-day holiday was declared as we lay anchored off Mejato.

    Pereira was on the Pacific voyage almost by chance. Project coordinator Steve Sawyer had been seeking a wire machine for transmitting pictures of the campaign. He phoned Fiona Davies, then heading the Greenpeace photo office in Paris. But he wanted a machine and photographer separately.

    “No, no … I’ll get you a wire machine,” replied Davies. ‘But you’ll have to take my photographer with it.” Agreed. The deal would make a saving for the campaign budget.

    Sawyer wondered who this guy was, although Gotjé and some of the others knew him. Pereira had fled Portugal about 15 years before while he was serving as a pilot in the armed forces at a time when the country was fighting to retain colonies in Angola and Mozambique. He settled in The Netherlands, the only country which would grant him citizenship.

    After first working as a photographer for Anefo press agency, he became concerned with environmental and social issues. Eventually he joined the Amsterdam communist daily De Waarheid and was assigned to cover the activities of Greenpeace. Later he joined Greenpeace.

    Although he adopted Dutch ways, his charming Latin temperament and looks betrayed his Portuguese origins. He liked tight Italian-style clothes and fast sports cars. Pereira was always wide-eyed, happy and smiling.

    In Hawai`i, he and Sawyer hiked up to the crater at the top of Diamond Head one day. Sawyer took a snapshot of Pereira laughing — a photo later used on the front page of the New Zealand Times after his death with the bombing of the Rainbow Warrior by French secret agents.

    While most of the crew were taking things quietly and the “press gang” caught up on stories, Sawyer led a mini-expedition in a Zodiac to one of the shipwrecks, the Palauan Trader. With him were Davey Edward, Henk Haazen, Paul Brown and Bunny McDiarmid.

    Clambering on board the hulk, Sawyer grabbed hold of a rust-caked railing which collapsed. He plunged 10 metres into a hold. While he lay in pain with a dislocated shoulder and severely lacerated abdomen, his crewmates smashed a hole through the side of the ship. They dragged him through pounding surf into the Zodiac and headed back to the Warrior, three kilometres away.

    “Doc” Andy Biedermann, assisted by “nurse” Chatenay, who had received basic medical training during national service in France, treated Sawyer. He took almost two weeks to recover.

    But the accident failed to completely dampen celebrations for Pereira, who was presented with a hand-painted t-shirt labelled “Rainbow Warrior Removals Inc”.

    Pereira’s birthday was the first of three which strangely coincided with events casting a tragic shadow over the Rainbow Warrior’s last voyage.

    Dr David Robie is an environmental and political journalist and author, and editor of Asia Pacific Report. He travelled on board the Rainbow Warrior for almost 11 weeks. This article is adapted from his 1986 book, Eyes of Fire: The Last Voyage of the Rainbow Warrior. A new edition is being published in July to mark the 40th anniversary of the bombing. 

    This post was originally published on Asia Pacific Report.

  • The first of a two-part series on the historic Rongelap evacuation of 300 Marshall islanders from their irradiated atoll with the help of the Greenpeace flagship Rainbow Warrior crew and the return of Rainbow Warrior III 40 years later on a nuclear justice research mission.

    SPECIAL REPORT: By Shiva Gounden in Majuro

    Family isn’t just about blood—it’s about standing together through the toughest of times.

    This is the relationship between Greenpeace and the Marshall Islands — a vast ocean nation, stretching across nearly two million square kilometers of the Pacific. Beneath the waves, coral reefs are bustling with life, while coconut trees stand tall.

    For centuries, the Marshallese people have thrived here, mastering the waves, reading the winds, and navigating the open sea with their canoe-building knowledge passed down through generations. Life here is shaped by the rhythm of the tides, the taste of fresh coconut and roasted breadfruit, and an unbreakable bond between people and the sea.

    From the bustling heart of its capital, Majuro to the quiet, far-reaching atolls, their islands are not just land; they are home, history, and identity.

    Still, Marshallese communities were forced into one of the most devastating chapters of modern history — turned into a nuclear testing ground by the United States without consent, and their lives and lands poisoned by radiation.

    Operation Exodus: A legacy of solidarity
    Between 1946 and 1958, the US conducted 67 nuclear tests in the Marshall Islands — its total yield roughly equal to one Hiroshima-sized bomb every day for 12 years.

    During this Cold War period, the US government planned to conduct its largest nuclear test ever. On the island of Bikini, United States Commodore Ben H. Wyatt manipulated the 167 Marshallese people who called Bikini home asking them to leave so that the US could carry out atomic bomb testing, stating that it was for “the good of mankind and to end all world wars”.

    Exploiting their deep faith, he misled Bikinians into believing they were acting in God’s will, and trusting this, they agreed to move—never knowing the true cost of their decision

    Bikini Islanders board a landing craft vehicle personnel (LCVP) as they depart from Bikini Atoll in March 1946.
    Bikini Islanders board a landing craft vehicle personnel (LCVP) as they depart from Bikini Atoll in March 1946. Image: © United States Navy

    On March 1, 1954, the Castle Bravo test was launched — its yield 1000 times stronger than Hiroshima. Radioactive fallout spread across Rongelap Island about 150 kilometers away, due to what the US government claimed was a “shift in wind direction”.

    In reality, the US ignored weather reports that indicated the wind would carry the fallout eastward towards Rongelap and Utirik Atolls, exposing the islands to radioactive contamination. Children played in what they thought was snow, and almost immediately the impacts of radiation began — skin burning, hair fallout, vomiting.

    The Rongelap people were immediately relocated, and just three years later were told by the US government their island was deemed safe and asked to return.

    For the next 28 years, the Rongelap people lived through a period of intense “gaslighting” by the US government. *

    Image of the nuclear weapon test, Castle Bravo (yield 15 Mt) on Bikini Atoll, Marshall Islands, 1 March 1954.
    Nuclear weapon test Castle Bravo (yield 15 Mt) on Bikini Atoll, 1 March 1954. © United States Department of Energy

    Forced to live on contaminated land, with women enduring miscarriages and cancer rates increasing, in 1985, the people of Rongelap made the difficult decision to leave their homeland. Despite repeated requests to the US government to help evacuate, an SOS was sent, and Greenpeace responded: the Rainbow Warrior arrived in Rongelap, helping to move communities to Mejatto Island.

    This was the last journey of the first Rainbow Warrior. The powerful images of their evacuation were captured by photographer Fernando Pereira, who, just months later, was killed in the bombing of the Rainbow Warrior as it sailed to protest nuclear testing in the Pacific.

    Evacuation of Rongelap Islanders to Mejato
    Evacuation of Rongelap Islanders to Mejatto by the Rainbow Warrior crew in the Pacific 1985. Rongelap suffered nuclear fallout from US nuclear tests done from 1946-1958, making it a hazardous place to live. Image: © Greenpeace/Fernando Pereira

    From nuclear to climate: The injustice repeats
    The fight for justice did not end with the nuclear tests—the same forces that perpetuated nuclear colonialism continue to endanger the Marshall Islands today with new threats: climate change and deep-sea mining.

    The Marshall Islands, a nation of over 1,000 islands, is particularly vulnerable to climate impacts. Entire communities could disappear within a generation due to rising sea levels. Additionally, greedy international corporations are pushing to mine the deep sea of the Pacific Ocean for profit. Deep sea mining threatens fragile marine ecosystems and could destroy Pacific ways of life, livelihoods and fish populations. The ocean connects us all, and a threat anywhere in the Pacific is a threat to the world.

    Action ahead of the Climate Vulnerable Forum in the Marshall Islands.
    Marshallese activists with traditional outriggers on the coast of the nation’s capital Majuro to demand that leaders of developed nations dramatically upscale their plans to limit global warming during the online meeting of the Climate Vulnerable Forum in 2018. Image: © Martin Romain/Greenpeace

    But if there could be one symbol to encapsulate past nuclear injustices and current climate harms it would be the Runit Dome. This concrete structure was built by the US to contain radioactive waste from years of nuclear tests, but climate change now poses a direct threat.

    Rising sea levels and increasing storm surges are eroding the dome’s integrity, raising fears of radioactive material leaking into the ocean, potentially causing a nuclear disaster.

    Aerial view of Runit Dome, Runit Island, Enewetak Atoll, Marshall Islands
    Aerial view of Runit Dome, Runit Island, Enewetak Atoll, Marshall Islands . . . symbolic of past nuclear injustices and current climate harms in the Pacific. Image: © US Defense Special Weapons Agency

    Science, storytelling, and resistance: The Rainbow Warrior’s epic mission and 40 year celebration

    At the invitation of the Marshallese community and government, the Rainbow Warrior is in the Pacific nation to celebrate 40 years since 1985’s Operation Exodus, and stand in support of their ongoing fight for nuclear justice, climate action, and self-determination.

    This journey brings together science, storytelling, and activism to support the Marshallese movement for justice and recognition. Independent radiation experts and Greenpeace scientists will conduct crucial research across the atolls, providing much-needed data on remaining nuclear contamination.

    For decades, research on radiation levels has been controlled by the same government that conducted the nuclear tests, leaving many unanswered questions. This independent study will help support the Marshallese people in their ongoing legal battles for recognition, reparations, and justice.

    Ariana Tibon Kilma from the National Nuclear Commission, greets the Rainbow Warrior into the Marshall Islands. © Bianca Vitale / Greenpeace
    Marshallese women greet the Rainbow Warrior as it arrives in the capital Majuro earlier this month. Image: © Bianca Vitale/Greenpeace

    The path of the ship tour: A journey led by the Marshallese
    From March to April, the Rainbow Warrior is sailing across the Marshall Islands, stopping in Majuro, Mejatto, Enewetak, Bikini, Rongelap, and Wotje. Like visiting old family, each of these locations carries a story — of nuclear fallout, forced displacement, resistance, and hope for a just future.

    But just like old family, there’s something new to learn. At every stop, local leaders, activists, and a younger generation are shaping the narrative.

    Their testimonies are the foundation of this journey, ensuring the world cannot turn away. Their stories of displacement, resilience, and hope will be shared far beyond the Pacific, calling for justice on a global scale.

    Bunny McDiarmid and Henk Haazen reunited with the local Marshallese community at Majuro Welcome Ceremony. © Bianca Vitale / Greenpeace
    Bunny McDiarmid and Henk Haazen greet locals at the welcoming ceremony in Majuro, Marshall Islands, earlier this month. Bunny and Henk were part of the Greenpeace crew in 1985 to help evacuate the people of Rongelap. Image: © Bianca Vitale/Greenpeace

    A defining moment for climate justice
    The Marshallese are not just survivors of past injustices; they are champions of a just future. Their leadership reminds us that those most affected by climate change are not only calling for action — they are showing the way forward. They are leaders of finding solutions to avert these crises.

    Local Marshallese Women's group dance and perform cultural songs at the Rainbow Warrior welcome ceremony in Majuro. © Bianca Vitale / Greenpeace
    Local Marshallese women’s group dance and perform cultural songs at the Rainbow Warrior welcome ceremony in Majuro, Marshall islands, earlier this month. Image: © Bianca Vitale/Greenpeace

    Since they have joined the global fight for climate justice, their leadership in the climate battle has been evident.

    In 2011, they established a shark sanctuary to protect vital marine life.

    In 2024, they created their first ocean sanctuary, expanding efforts to conserve critical ecosystems. The Marshall Islands is also on the verge of signing the High Seas Treaty, showing their commitment to global marine conservation, and has taken a firm stance against deep-sea mining.

    They are not only protecting their lands but are also at the forefront of the global fight for climate justice, pushing for reparations, recognition, and climate action.

    This voyage is a message: the world must listen, and it must act. The Marshallese people are standing their ground, and we stand in solidarity with them — just like family.

    Learn their story. Support their call for justice. Amplify their voices. Because when those on the frontlines lead, justice is within reach.

    Shiva Gounden is the head of Pacific at Greenpeace Australia Pacific. This article series is republished with the permission of Greenpeace.

    * This refers to the period from 1957 — when the US Atomic Energy Commission declared Rongelap Atoll safe for habitation despite known contamination — to 1985, when Greenpeace assisted the Rongelap community in relocating due to ongoing radiation concerns. The Compact of Free Association, signed in 1986, finally started acknowledging damages caused by nuclear testing to the populations of Rongelap.

    This post was originally published on Asia Pacific Report.

  • While in Georgetown, Guyana, on Thursday, Secretary of State Marco Rubio was asked by a reporter about what led to the arrest of Tufts University graduate student Rümeysa Öztürk. The reporter mentioned an opinion piece Öztürk co-wrote in March 2024, published in The Tufts Daily, advocating for students’ calls to divest the school from companies with ties to Israel.

    Rubio seemed to downplay the influence of the op-ed, written alongside three other Tufts graduate students, instead insinuating without evidence that Öztürk, a Turkish citizen, had vandalized her university, occupied buildings, and harassed students.

    “If you lie to us and get a visa and then enter the United States and with that visa participate in that sort of activity, we’re going to take away your visa,” Rubio said.

    Government documents included in court filings, however, don’t back up Rubio’s claims of supposed unlawful behavior.

    Several days before her arrest on Tuesday, the Department of Homeland Security revoked Öztürk’s student visa without notifying her, according to a DHS document through its Student and Exchange Visitor Program, through which Öztürk had obtained her visa.

    The government didn’t claim that Öztürk had broken any laws but instead cited a civil law provision of the Immigration and Nationality Act. The provision gives the secretary of state the authority to request the deportation of an individual who is not a U.S. citizen, if they have “reasonable ground to believe” the individual’s presence in the country hurts the government’s foreign policy interests.

    The government has made the same argument in detaining former Columbia University student activist leader Mahmoud Khalil and Georgetown University scholar Badar Khan Suri, as well as in its efforts to arrest Columbia student Yunseo Chung.

    “Her arrest and detention appear to be based solely on her co-authorship of an op-ed in her school newspaper.”

    In each of these cases, attorneys for the students argued the Trump administration’s crackdown on students and academics over their support for Palestine are ultimately an attack on their free speech rights. 

    Öztürk’s case is notable in that her detention and possible deportation may very well center on a published piece of journalism. 

    “Her arrest and detention appear to be based solely on her co-authorship of an op-ed in her school newspaper,” Öztürk’s attorneys wrote in a habeas petition for her release filed on Friday. “Rümeysa’s arrest and detention are designed to punish her speech and chill the speech of others. Indeed, her arrest and detention are part of a concerted and systemic effort by Trump administration officials to punish students and others identified with pro-Palestine activism.”

    Activists and free speech advocates have been quick to remind that crackdowns on pro-Palestinian speech did not begin with the Trump administration. 

    Related

    They Used to Say Arabs Can’t Have Democracy Because It’d Be Bad for Israel. Now the U.S. Can’t Have It Either.

    Since October 7, 2023, schools have censored, suspended, or fired professors and students over their speech on Palestine and Israel. In response to student encampments, President Joe Biden delivered law-and-order messages to protesters, accusing pro-Palestinian movements of antisemitism. 

    School administrators regularly called police on student protests, leading to violent arrests. In his statement from jail dictated to lawyers by phone, Khalil blamed Columbia’s administrators for having “laid the groundwork for the U.S. government to target me by arbitrarily disciplining pro-Palestinian students and allowing viral doxing campaigns — based on racism and disinformation — to go unchecked.”

    In the case of Öztürk, such doxing campaigns may have been a factor in her arrest. Attorneys said Öztürk feared for her safety after pro-Israel group Canary Mission posted about her in early February, pointing to her 2024 essay. Canary Mission, which shares personal information about pro-Palestine activists online and is often used by other Zionist groups to dox people, said Öztürk took part in “anti-Israel activism” and cited her 2024 opinion piece as its sole source to back its claim. 

    While it is not known whether the State Department was aware of the Canary Mission post, right-wing Zionist groups have been willing collaborators in helping direct the administration toward “pro-Hamas” individuals for deportation.

    In its “Catch and Revoke” program, the State Department also scours the social media accounts of student visa holders for purported pro-Hamas sentiment, which the government has conflated with pro-Palestine views.

    Free speech advocates note that professing support for both Palestine and Hamas is protected by the First Amendment. Even so, international students have been increasingly careful about what they write or say online, legal advocates for student protesters told The Intercept. The recent arrests have also given international students pause over whether they should remain in the U.S. 

    During the press conference, Rubio also confirmed Axios reporting that the State Department has already revoked at least 300 student visas

    Rubio said, “We do it every day — every time I find one of these lunatics, I take away their visa.” 

    There are about 1.5 million student visa holders in the U.S.

    After Öztürk’s arrest, DHS passed reporters an unsubstantiated claim that Öztürk had “engaged in activities in support of Hamas.”

    Öztürk’s op-ed, however, never mentions Hamas. 

    Instead, the 800-word opinion piece references mounting evidence of Israel’s violations of international law in its war in Gaza. It criticized the Tufts administration’s double standard of espousing diversity, civic engagement, and the exchange of ideas, but failing to uphold those values in its rejection of the students’ demands.

    The piece also pointed to the movement against South African apartheid and Tufts’ decision in 1989 to divest from South Africa “and end its complicity with the then-racist regime.” 

    Several weeks before publishing the essay, Tufts’ student governing body had passed a series of resolutions, among them a call for the school to disclose and halt all of the university’s investments in companies tied to Israel. Hours after the vote, however, university administrators flatly rejected the resolutions. The following day, more than 150 students responded by holding a rally and die-in on campus. 

    The Tufts Daily March 26, 2024, opinion piece was a part of the growing campuswide dissent to the university’s rejection of student demands. The discontent would culminate in the school’s Palestinian solidarity encampment, which would last about one month before it was voluntarily dismantled by student activists. 

    “Unfortunately, the University’s response to the Senate resolutions has been wholly inadequate and dismissive of the Senate, the collective voice of the student body,” Öztürk and her co-authors wrote.

    On Tuesday, exactly one year after the op-ed was published, masked plainclothes U.S. Immigration and Customs Enforcement agents arrested Öztürk outside of her Somerville, Massachusetts, home as she was on her way to to break her Ramadan fast with friends. Footage of her arrest, which was shared widely online, sparked immediate outrage with many referring to the arrest as “a kidnapping” or an “abduction.” For nearly 24 hours, Öztürk’s family and legal team was unaware of her whereabouts.

    Related

    Why Trump Is So Desperate to Keep Mahmoud Khalil in Louisiana

    In defiance of a federal judge’s order to keep Öztürk in Massachusetts, ICE flew Öztürk to the South Louisiana Correctional Center, a privately run ICE jail, where she remains incarcerated.

    Öztürk did not have access to her medications during the flight and suffered an asthma attack, her attorneys said in court filings.

    Massachusetts District Court Judge Denise Casper issued an order on Friday preventing the government from deporting Öztürk as the battle for her release plays out in court. 

    On Wednesday, more than 1,000 people rallied near the Tufts campus to protest the government’s case against Öztürk.

    A spokesperson for Öztürk’s legal team defended the 2024 op-ed in a statement Friday and said that Öztürk “is entitled to express her opinions freely.” They added that the DHS has yet to provide any evidence to support their deportation case.

    “Meanwhile, there is plenty of evidence of U.S. supplied bombs being dropped on Gaza killing over 1,000 people, including over 250 children in the last week. It appears the only thing Rumeysa is being targeted for is her right to free speech,” the spokesperson said.

    Student journalists at Tufts have also stood firm against the Trump’s administration’s attacks on free speech. The Tufts Daily’s editors published a defense of Öztürk and her role in writing the op-ed.

    “Öztürk’s contribution is an exercise of free speech — her fulfillment of a fundamental American value,” the editors wrote.

    While the editors said they were sensitive to the “well-being of our writers and sources,” the paper has no plans of slowing its coverage of Öztürk’s case or future opinion pieces by students.

    “That said, the withholding of ideas and abstinence from debate will only contribute to the erosion of free expression,” the editors wrote. “In a moment of uncertainty and turmoil, we will continue to defend independent journalism by sharing others’ viewpoints and stories.”

    The post In Trump’s America, You Can Be Disappeared for Writing an Op-Ed appeared first on The Intercept.

    This post was originally published on The Intercept.

  • While in Georgetown, Guyana, on Thursday, Secretary of State Marco Rubio was asked by a reporter about what led to the arrest of Tufts University graduate student Rümeysa Öztürk. The reporter mentioned an opinion piece Öztürk co-wrote in March 2024, published in The Tufts Daily, advocating for students’ calls to divest the school from companies with ties to Israel.

    Rubio seemed to downplay the influence of the op-ed, written alongside three other Tufts graduate students, instead insinuating without evidence that Öztürk, a Turkish citizen, had vandalized her university, occupied buildings, and harassed students.

    “If you lie to us and get a visa and then enter the United States and with that visa participate in that sort of activity, we’re going to take away your visa,” Rubio said.

    Government documents included in court filings, however, don’t back up Rubio’s claims of supposed unlawful behavior.

    Several days before her arrest on Tuesday, the Department of Homeland Security revoked Öztürk’s student visa without notifying her, according to a DHS document through its Student and Exchange Visitor Program, through which Öztürk had obtained her visa.

    The government didn’t claim that Öztürk had broken any laws but instead cited a civil law provision of the Immigration and Nationality Act. The provision gives the secretary of state the authority to request the deportation of an individual who is not a U.S. citizen, if they have “reasonable ground to believe” the individual’s presence in the country hurts the government’s foreign policy interests.

    The government has made the same argument in detaining former Columbia University student activist leader Mahmoud Khalil and Georgetown University scholar Badar Khan Suri, as well as in its efforts to arrest Columbia student Yunseo Chung.

    “Her arrest and detention appear to be based solely on her co-authorship of an op-ed in her school newspaper.”

    In each of these cases, attorneys for the students argued the Trump administration’s crackdown on students and academics over their support for Palestine are ultimately an attack on their free speech rights. 

    Öztürk’s case is notable in that her detention and possible deportation may very well center on a published piece of journalism. 

    “Her arrest and detention appear to be based solely on her co-authorship of an op-ed in her school newspaper,” Öztürk’s attorneys wrote in a habeas petition for her release filed on Friday. “Rümeysa’s arrest and detention are designed to punish her speech and chill the speech of others. Indeed, her arrest and detention are part of a concerted and systemic effort by Trump administration officials to punish students and others identified with pro-Palestine activism.”

    Activists and free speech advocates have been quick to remind that crackdowns on pro-Palestinian speech did not begin with the Trump administration. 

    Related

    They Used to Say Arabs Can’t Have Democracy Because It’d Be Bad for Israel. Now the U.S. Can’t Have It Either.

    Since October 7, 2023, schools have censored, suspended, or fired professors and students over their speech on Palestine and Israel. In response to student encampments, President Joe Biden delivered law-and-order messages to protesters, accusing pro-Palestinian movements of antisemitism. 

    School administrators regularly called police on student protests, leading to violent arrests. In his statement from jail dictated to lawyers by phone, Khalil blamed Columbia’s administrators for having “laid the groundwork for the U.S. government to target me by arbitrarily disciplining pro-Palestinian students and allowing viral doxing campaigns — based on racism and disinformation — to go unchecked.”

    In the case of Öztürk, such doxing campaigns may have been a factor in her arrest. Attorneys said Öztürk feared for her safety after pro-Israel group Canary Mission posted about her in early February, pointing to her 2024 essay. Canary Mission, which shares personal information about pro-Palestine activists online and is often used by other Zionist groups to dox people, said Öztürk took part in “anti-Israel activism” and cited her 2024 opinion piece as its sole source to back its claim. 

    While it is not known whether the State Department was aware of the Canary Mission post, right-wing Zionist groups have been willing collaborators in helping direct the administration toward “pro-Hamas” individuals for deportation.

    In its “Catch and Revoke” program, the State Department also scours the social media accounts of student visa holders for purported pro-Hamas sentiment, which the government has conflated with pro-Palestine views.

    Free speech advocates note that professing support for both Palestine and Hamas is protected by the First Amendment. Even so, international students have been increasingly careful about what they write or say online, legal advocates for student protesters told The Intercept. The recent arrests have also given international students pause over whether they should remain in the U.S. 

    During the press conference, Rubio also confirmed Axios reporting that the State Department has already revoked at least 300 student visas

    Rubio said, “We do it every day — every time I find one of these lunatics, I take away their visa.” 

    There are about 1.5 million student visa holders in the U.S.

    After Öztürk’s arrest, DHS passed reporters an unsubstantiated claim that Öztürk had “engaged in activities in support of Hamas.”

    Öztürk’s op-ed, however, never mentions Hamas. 

    Instead, the 800-word opinion piece references mounting evidence of Israel’s violations of international law in its war in Gaza. It criticized the Tufts administration’s double standard of espousing diversity, civic engagement, and the exchange of ideas, but failing to uphold those values in its rejection of the students’ demands.

    The piece also pointed to the movement against South African apartheid and Tufts’ decision in 1989 to divest from South Africa “and end its complicity with the then-racist regime.” 

    Several weeks before publishing the essay, Tufts’ student governing body had passed a series of resolutions, among them a call for the school to disclose and halt all of the university’s investments in companies tied to Israel. Hours after the vote, however, university administrators flatly rejected the resolutions. The following day, more than 150 students responded by holding a rally and die-in on campus. 

    The Tufts Daily March 26, 2024, opinion piece was a part of the growing campuswide dissent to the university’s rejection of student demands. The discontent would culminate in the school’s Palestinian solidarity encampment, which would last about one month before it was voluntarily dismantled by student activists. 

    “Unfortunately, the University’s response to the Senate resolutions has been wholly inadequate and dismissive of the Senate, the collective voice of the student body,” Öztürk and her co-authors wrote.

    On Tuesday, exactly one year after the op-ed was published, masked plainclothes U.S. Immigration and Customs Enforcement agents arrested Öztürk outside of her Somerville, Massachusetts, home as she was on her way to to break her Ramadan fast with friends. Footage of her arrest, which was shared widely online, sparked immediate outrage with many referring to the arrest as “a kidnapping” or an “abduction.” For nearly 24 hours, Öztürk’s family and legal team was unaware of her whereabouts.

    Related

    Why Trump Is So Desperate to Keep Mahmoud Khalil in Louisiana

    In defiance of a federal judge’s order to keep Öztürk in Massachusetts, ICE flew Öztürk to the South Louisiana Correctional Center, a privately run ICE jail, where she remains incarcerated.

    Öztürk did not have access to her medications during the flight and suffered an asthma attack, her attorneys said in court filings.

    Massachusetts District Court Judge Denise Casper issued an order on Friday preventing the government from deporting Öztürk as the battle for her release plays out in court. 

    On Wednesday, more than 1,000 people rallied near the Tufts campus to protest the government’s case against Öztürk.

    A spokesperson for Öztürk’s legal team defended the 2024 op-ed in a statement Friday and said that Öztürk “is entitled to express her opinions freely.” They added that the DHS has yet to provide any evidence to support their deportation case.

    “Meanwhile, there is plenty of evidence of U.S. supplied bombs being dropped on Gaza killing over 1,000 people, including over 250 children in the last week. It appears the only thing Rumeysa is being targeted for is her right to free speech,” the spokesperson said.

    Student journalists at Tufts have also stood firm against the Trump’s administration’s attacks on free speech. The Tufts Daily’s editors published a defense of Öztürk and her role in writing the op-ed.

    “Öztürk’s contribution is an exercise of free speech — her fulfillment of a fundamental American value,” the editors wrote.

    While the editors said they were sensitive to the “well-being of our writers and sources,” the paper has no plans of slowing its coverage of Öztürk’s case or future opinion pieces by students.

    “That said, the withholding of ideas and abstinence from debate will only contribute to the erosion of free expression,” the editors wrote. “In a moment of uncertainty and turmoil, we will continue to defend independent journalism by sharing others’ viewpoints and stories.”

    The post In Trump’s America, You Can Be Disappeared for Writing an Op-Ed appeared first on The Intercept.

    This post was originally published on The Intercept.

  • Pacific Media Watch

    Global press freedom organisations have condemned the killing of two journalists in Gaza this week, who died in separate targeted airstrikes by the Israeli armed forces.

    And protesters in Aotearoa New Zealand dedicated their week 77 rally and march in the heart of Auckland to their memory, declaring “Journalism is not a crime”.

    Hossam Shabat, a 23-year-old correspondent for the Al Jazeera Mubasher channel, was killed by an Israeli airstrike on his car in the eastern part of Beit Lahiya, media reports said.

    Video, reportedly from minutes after the airstrike, shows people gathering around the shattered and smoking car and pulling a body out of the wreckage.

    Mohammed Mansour, a correspondent for Palestine Today television was killed earlier on Monday, reportedly along with his wife and son, in an Israeli airstrike on his home in south Khan Younis.

    One Palestinian woman read out a message from Shabat’s family: “He dreamed of becoming a journalist and to tell the world the truth.

    “But war doesn’t wait for dreams. He was only 23, and when the war began he left classes to give a voice to those who had none.”

    Global media condemnation
    In the hours after the deaths, the New York-based Committee to Protect Journalists (CPJ) and Palestinian press freedom organisations released statements condemning the attacks.

    “CPJ is appalled that we are once again seeing Palestinians weeping over the bodies of dead journalists in Gaza,” said Carlos Martínez de la Serna, CPJ’s programme director.

    “This nightmare in Gaza has to end. The international community must act fast to ensure that journalists are kept safe and hold Israel to account for the deaths of Hossam Shabat and Mohammed Mansour.

    “Journalists are civilians and it is illegal to attack them in a war zone.”

    Honouring the life of Al Jazeera journalist Hossam Shabat
    Honouring the life of Al Jazeera journalist Hossam Shabat – killed by Israeli forces at 23 and shattering his dreams. Image: Del Abcede/APR

    In a statement, the Israel Defence Forces (IDF) confirmed it had targeted and killed Shabat and Mansour and labelled them as “terrorists” — without any evidence to back their claim.

    The IDF also said that it had struck Hamas and Islamic Jihad resistance fighters in Khan Younis, where Mohammed Mansour was killed.

    In October 2024, the IDF had accused Shabat and five other Palestinian journalists working for Al Jazeera in Gaza of being members of the militant arm of Hamas and Islamic Jihad.

    Al Jazeera and Shabat denied Israel’s claims, with Shabat stating in an interview with the CPJ that “we are civilians … Our only crime is that we convey the image and the truth.”

    In its statement condemning the deaths of Shabat and Mansour, the CPJ again called on Israel to “stop making unsubstantiated allegations to justify its killing and mistreatment of members of the press”.

    The CPJ estimates that more than 170 journalists have been killed in Gaza since the war began in October 2023, making it the deadliest period for journalists since the organisation began gathering data in 1992.

    However, the Palestinian Journalists Syndicate says it believes the number is higher and, with the deaths of Shabat and Mansour, 208 journalists and other members of the press have been killed over the course of the conflict.

    Under international law, journalists are protected civilians who must not be targeted by warring parties.

    Israel has killed more than 50,000 Palestinians, mostly women and children, in its genocide in the blockaded enclave since October 7, 2023.

    The Israeli carnage has reduced most of the Gaza to ruins and displaced almost the entire 2.3 million population, while causing a massive shortage of basic necessities.

    The International Criminal Court (ICC) issued arrest warrants last November for Israeli Prime Minister Benjamin Netanyahu and his former defence minister Yoav Gallant for war crimes and crimes against humanity in Gaza.

    Israel also faces a genocide case at the International Court of Justice (ICJ) for its war on the enclave.

    New Zealand protesters wearing "Press" vests in solidarity with Gazan journalists
    New Zealand protesters wearing mock “Press” vests in solidarity with Gazan journalists documenting the Israeli genocide. Image: Del Abcede/APR

    This post was originally published on Asia Pacific Report.

  • Earlier this month, while hunting for Columbia University students to deport over their ties to Gaza protests, the Trump administration convinced a federal judge to sign off on search warrants for two students’ dorm rooms — then raided the residences with U.S. Immigration and Customs Enforcement agents.

    As details about the warrants have emerged, however, so have allegations that federal agents misled the court and secured the warrants under “false pretenses,” as one of the students whose room was searched, Yunseo Chung, claimed in a lawsuit challenging her deportation.

    The warrants were predicated on probable cause that Columbia was “harboring” students who were in the country illegally, court filings indicate. Chung, however, is a lawful permanent resident, notwithstanding the Trump administration’s efforts to deport her based on her arrest and citation at a Gaza sit-in. She has lived in the U.S. since she was 7 years old.

    “The basis for this entire operation is constitutionally invalid.”

    “The idea that they went before a federal magistrate judge and said, ‘We have to search Ms. Chung’s residence for evidence of Columbia harboring her’ — that shows they’re willing to lie to a judge,” said Nathan Yaffe, an immigration attorney.

    Yaffe represents both Chung and the other Columbia student who was targeted by the search warrants, Ranjani Srinivasan, who left the country in mid-March.

    Most of the materials relating to the search warrants remain under seal in federal court, and Columbia declined to comment on them, citing student privacy protections. ICE did not respond to The Intercept’s questions about the warrants.

    “If the government falsified information to get the warrant, that is its own bundle of serious problems,” said Joshua Colangelo-Bryan, an attorney at Human Rights First who also represents Chung. “But even if not, the basis for this entire operation is constitutionally invalid.”

    “Harboring and Concealing”?

    The search warrants served on Columbia first became public through a late-night statement from the university on March 13, just five days after the jarring arrest of Mahmoud Khalil in the lobby of his Columbia apartment building. The school did not include the targeted students’ names, the specific buildings, or the government’s legal justification for searching them.

    “I am writing heartbroken to inform you that we had federal agents from the Department of Homeland Security (DHS) in two University residences tonight,” Columbia interim president Katrina Armstrong wrote in her statement. Armstrong emphasized that university protocol “requires that law enforcement have a judicial warrant to enter non-public University areas” — which ICE satisfied by serving warrants signed by a federal magistrate judge.

    “The University is obligated to comply with the law,” Armstrong wrote. “No one was arrested or detained. No items were removed, and no further action was taken.”

    The next day, a top Justice Department official bragged about the unsuccessful raid in a speech. His remarks offered the first clues about the story the Trump administration told the federal judge who signed the warrants.

    “Just last night we worked with the Department of Homeland Security to execute search warrants from an investigation into Columbia University for harboring and concealing illegal aliens on its campus,” said Todd Blanche, the U.S. deputy attorney general. Blanche offered no evidence in his speech to support the allegation against the university.

    The federal anti-harboring statute makes it a crime to knowingly conceal noncitizens who are in the country illegally. Like many of the country’s laws around immigration, the anti-harboring provision is written in broad language, which the Trump administration has wielded to threaten legal aid organizations and other groups that advocate for immigrants’ rights.

    Broad as the language is, however, the law still has concrete requirements. First, the people being “harbored” must lack legal status to be in the U.S. And “harboring” requires some sort of active concealment or obstruction, as opposed to simply declining to assist ICE in deportation.

    Courts have differed in their particular definitions, but the 2nd U.S. Circuit Court of Appeals, whose precedent is binding in New York federal courts, has ruled that a conviction for “harboring” requires “conduct tending substantially to facilitate an alien’s remaining in the United States illegally and to prevent government authorities from detecting his unlawful presence.”

    The U.S. Supreme Court has not defined “harboring,” but in 2023 it interpreted other parts of the same statute to require proof of the defendant’s specific intent to break the law.

    The typical case under the harboring statute involves active concealment to help people who are undocumented or who have been ordered deported by an immigration judge to avoid being located by ICE, explained David Leopold, an immigration attorney. He contrasted that active concealment with sanctuary churches that have welcomed undocumented people to live in their facilities, which offered some protection against ICE raids. 

    “The reason the churches weren’t charged with harboring,” Leopold said, “was that it was open and obvious that the person was living there. They weren’t hiding them surreptitiously.” 

    When federal agents sought search warrants targeting Srinivasan and Chung’s residences, the anti-harboring statute was the sole legal justification they offered to support probable cause of a federal crime, according to a copy of one of the warrants filed with Chung’s lawsuit.

    So far, the government hasn’t offered evidence, at least not publicly, that Columbia was taking any active steps to obstruct ICE or conceal anyone on its campus. More fundamentally, both Chung and Srinivasan came to the U.S. entirely lawfully, and neither had appeared before an immigration judge, much less received a deportation order.

    On May 5, Srinivasan learned that the State Department was revoking her student visa in an email from the U.S. consulate in India. In the following days, ICE agents visited her apartment building at Columbia twice without a warrant, threatening through the door to keep coming back until they put her in deportation proceedings.

    On May 11, after Columbia informed Srinivasan that she had been withdrawn from enrollment because of her revoked visa and urged her to meet with immigration agents, she boarded a flight to Canada rather than fight her deportation. ICE was apparently unaware that Srinivasan was no longer in the U.S. when three agents searched her room two days later.

    “We have a warrant to search this premises for electronics and documents related to Ranjani Srinivasan,” a masked ICE agent explained to Srinivasan’s roommate, according to video reviewed by The Intercept. Before leaving, the agent identified himself as special agent Brian Carlucci and left her a copy of the search warrant, which he signed.

    ICE did not follow the proper steps to revoke Srinivasan’s legal status in the country, Yaffe told The Intercept, which means she was always in the country lawfully.

    “In my view it was unfounded to seek to execute a warrant for ‘harboring’ her,” Yaffe said, That “layer of pretext is not as clearcut” for Srinivasan as it was for Chung, he said, given the latter’s green card.

    Related

    The Legal Argument That Could Set Mahmoud Khalil Free

    Chung and her attorneys first heard from DHS agents on March 9 that the State Department had determined she should be deported under the same arcane legal provision that Secretary of State Marco Rubio invoked against Khalil, who also has a green card.

    On Thursday, Rubio told reporters he had revoked more than 300 students’ visas so far, and was finding new ones to revoke daily.

    Whatever power Rubio may have to revoke visas and green cards over otherwise protected speech — which is currently being tested in numerous lawsuits by students who have been detained or threatened with deportation — his pronouncements do not immediately transform a lawful resident into an unlawful one, Chung’s attorneys told a federal court on Tuesday.

    “No matter what Secretary Rubio says, she remains a permanent resident until the immigration court decides otherwise.”

    “No matter what Secretary Rubio says, she remains a permanent resident until the immigration court decides otherwise,” attorney Ramzi Kassem said at the hearing. “And as long as she’s a permanent resident, she cannot be ‘harbored.’ The statute does not apply to her.”

    Chung’s court filings did not include the more detailed affidavits that the agents submitted to federal Magistrate Judge Robert W. Lehrburger on March 13, which remain under seal.

    “I can’t imagine what truthfully could have been said in those affidavits to make the harboring statute relevant,” Colangelo-Bryan said.

    Chung’s lawsuit asserts the warrants were “obtained on false pretenses” and were just pretext to get close enough to arrest her and Srinivasan. In their warrant application, the government indicated to the judge that agents were searching for records related to the students’ “affiliation with Columbia University,” such as lease agreements, student conduct materials, and communications with the school.

    ICE executed both warrants at Columbia between 9 and 10 p.m. on March 13, according to court filings. Yet they didn’t seize anything during their searches.

    “It’s clear that they that they were not actually searching for anything relating to those documents,” Yaffe said, “leaving aside that it’s a legal impossibility to ‘harbor’ Ms. Chung.”

    Other attorneys have been even more strident than Chung’s legal team in demanding answers about how the warrants were issued.

    “Excuse the profanity, but this is absolutely fucking insane,” wrote Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, in a social media post, “and such a clear overreach that I can’t believe a magistrate judge authorized a warrant here.”

    After the hearing on Tuesday, a different federal judge, Judge Naomi Reice Buchwald of the District Court, issued a temporary restraining order that bars the Trump administration from detaining Chung or moving her out of the state, as ICE did with Khalil and other student activists.

    Buchwald’s order did not address Chung’s allegations about the search warrants, although she noted in the hearing that she had pulled the government’s affidavit from court files and was reviewing it.

    The post ICE Got Warrants Under “False Pretenses,” Claims Columbia Student Targeted Over Gaza Protests appeared first on The Intercept.

    This post was originally published on The Intercept.

  • Earlier this month, while hunting for Columbia University students to deport over their ties to Gaza protests, the Trump administration convinced a federal judge to sign off on search warrants for two students’ dorm rooms — then raided the residences with U.S. Immigration and Customs Enforcement agents.

    As details about the warrants have emerged, however, so have allegations that federal agents misled the court and secured the warrants under “false pretenses,” as one of the students whose room was searched, Yunseo Chung, claimed in a lawsuit challenging her deportation.

    The warrants were predicated on probable cause that Columbia was “harboring” students who were in the country illegally, court filings indicate. Chung, however, is a lawful permanent resident, notwithstanding the Trump administration’s efforts to deport her based on her arrest and citation at a Gaza sit-in. She has lived in the U.S. since she was 7 years old.

    “The basis for this entire operation is constitutionally invalid.”

    “The idea that they went before a federal magistrate judge and said, ‘We have to search Ms. Chung’s residence for evidence of Columbia harboring her’ — that shows they’re willing to lie to a judge,” said Nathan Yaffe, an immigration attorney.

    Yaffe represents both Chung and the other Columbia student who was targeted by the search warrants, Ranjani Srinivasan, who left the country in mid-March.

    Most of the materials relating to the search warrants remain under seal in federal court, and Columbia declined to comment on them, citing student privacy protections. ICE did not respond to The Intercept’s questions about the warrants.

    “If the government falsified information to get the warrant, that is its own bundle of serious problems,” said Joshua Colangelo-Bryan, an attorney at Human Rights First who also represents Chung. “But even if not, the basis for this entire operation is constitutionally invalid.”

    “Harboring and Concealing”?

    The search warrants served on Columbia first became public through a late-night statement from the university on March 13, just five days after the jarring arrest of Mahmoud Khalil in the lobby of his Columbia apartment building. The school did not include the targeted students’ names, the specific buildings, or the government’s legal justification for searching them.

    “I am writing heartbroken to inform you that we had federal agents from the Department of Homeland Security (DHS) in two University residences tonight,” Columbia interim president Katrina Armstrong wrote in her statement. Armstrong emphasized that university protocol “requires that law enforcement have a judicial warrant to enter non-public University areas” — which ICE satisfied by serving warrants signed by a federal magistrate judge.

    “The University is obligated to comply with the law,” Armstrong wrote. “No one was arrested or detained. No items were removed, and no further action was taken.”

    The next day, a top Justice Department official bragged about the unsuccessful raid in a speech. His remarks offered the first clues about the story the Trump administration told the federal judge who signed the warrants.

    “Just last night we worked with the Department of Homeland Security to execute search warrants from an investigation into Columbia University for harboring and concealing illegal aliens on its campus,” said Todd Blanche, the U.S. deputy attorney general. Blanche offered no evidence in his speech to support the allegation against the university.

    The federal anti-harboring statute makes it a crime to knowingly conceal noncitizens who are in the country illegally. Like many of the country’s laws around immigration, the anti-harboring provision is written in broad language, which the Trump administration has wielded to threaten legal aid organizations and other groups that advocate for immigrants’ rights.

    Broad as the language is, however, the law still has concrete requirements. First, the people being “harbored” must lack legal status to be in the U.S. And “harboring” requires some sort of active concealment or obstruction, as opposed to simply declining to assist ICE in deportation.

    Courts have differed in their particular definitions, but the 2nd U.S. Circuit Court of Appeals, whose precedent is binding in New York federal courts, has ruled that a conviction for “harboring” requires “conduct tending substantially to facilitate an alien’s remaining in the United States illegally and to prevent government authorities from detecting his unlawful presence.”

    The U.S. Supreme Court has not defined “harboring,” but in 2023 it interpreted other parts of the same statute to require proof of the defendant’s specific intent to break the law.

    The typical case under the harboring statute involves active concealment to help people who are undocumented or who have been ordered deported by an immigration judge to avoid being located by ICE, explained David Leopold, an immigration attorney. He contrasted that active concealment with sanctuary churches that have welcomed undocumented people to live in their facilities, which offered some protection against ICE raids. 

    “The reason the churches weren’t charged with harboring,” Leopold said, “was that it was open and obvious that the person was living there. They weren’t hiding them surreptitiously.” 

    When federal agents sought search warrants targeting Srinivasan and Chung’s residences, the anti-harboring statute was the sole legal justification they offered to support probable cause of a federal crime, according to a copy of one of the warrants filed with Chung’s lawsuit.

    So far, the government hasn’t offered evidence, at least not publicly, that Columbia was taking any active steps to obstruct ICE or conceal anyone on its campus. More fundamentally, both Chung and Srinivasan came to the U.S. entirely lawfully, and neither had appeared before an immigration judge, much less received a deportation order.

    On March 5, Srinivasan learned that the State Department was revoking her student visa in an email from the U.S. consulate in India. In the following days, ICE agents visited her apartment building at Columbia twice without a warrant, threatening through the door to keep coming back until they put her in deportation proceedings.

    On March 11, after Columbia informed Srinivasan that she had been withdrawn from enrollment because of her revoked visa and urged her to meet with immigration agents, she boarded a flight to Canada rather than fight her deportation. ICE was apparently unaware that Srinivasan was no longer in the U.S. when three agents searched her room two days later.

    “We have a warrant to search this premises for electronics and documents related to Ranjani Srinivasan,” a masked ICE agent explained to Srinivasan’s roommate, according to video reviewed by The Intercept. Before leaving, the agent identified himself as special agent Brian Carlucci and left her a copy of the search warrant, which he signed.

    ICE did not follow the proper steps to revoke Srinivasan’s legal status in the country, Yaffe told The Intercept, which means she was always in the country lawfully.

    “In my view it was unfounded to seek to execute a warrant for ‘harboring’ her,” Yaffe said, That “layer of pretext is not as clearcut” for Srinivasan as it was for Chung, he said, given the latter’s green card.

    Related

    The Legal Argument That Could Set Mahmoud Khalil Free

    Chung and her attorneys first heard from DHS agents on March 9 that the State Department had determined she should be deported under the same arcane legal provision that Secretary of State Marco Rubio invoked against Khalil, who also has a green card.

    On Thursday, Rubio told reporters he had revoked more than 300 students’ visas so far, and was finding new ones to revoke daily.

    Whatever power Rubio may have to revoke visas and green cards over otherwise protected speech — which is currently being tested in numerous lawsuits by students who have been detained or threatened with deportation — his pronouncements do not immediately transform a lawful resident into an unlawful one, Chung’s attorneys told a federal court on Tuesday.

    “No matter what Secretary Rubio says, she remains a permanent resident until the immigration court decides otherwise.”

    “No matter what Secretary Rubio says, she remains a permanent resident until the immigration court decides otherwise,” attorney Ramzi Kassem said at the hearing. “And as long as she’s a permanent resident, she cannot be ‘harbored.’ The statute does not apply to her.”

    Chung’s court filings did not include the more detailed affidavits that the agents submitted to federal Magistrate Judge Robert W. Lehrburger on March 13, which remain under seal.

    “I can’t imagine what truthfully could have been said in those affidavits to make the harboring statute relevant,” Colangelo-Bryan said.

    Chung’s lawsuit asserts the warrants were “obtained on false pretenses” and were just pretext to get close enough to arrest her and Srinivasan. In their warrant application, the government indicated to the judge that agents were searching for records related to the students’ “affiliation with Columbia University,” such as lease agreements, student conduct materials, and communications with the school.

    ICE executed both warrants at Columbia between 9 and 10 p.m. on March 13, according to court filings. Yet they didn’t seize anything during their searches.

    “It’s clear that they that they were not actually searching for anything relating to those documents,” Yaffe said, “leaving aside that it’s a legal impossibility to ‘harbor’ Ms. Chung.”

    Other attorneys have been even more strident than Chung’s legal team in demanding answers about how the warrants were issued.

    “Excuse the profanity, but this is absolutely fucking insane,” wrote Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, in a social media post, “and such a clear overreach that I can’t believe a magistrate judge authorized a warrant here.”

    After the hearing on Tuesday, a different federal judge, Judge Naomi Reice Buchwald of the District Court, issued a temporary restraining order that bars the Trump administration from detaining Chung or moving her out of the state, as ICE did with Khalil and other student activists.

    Buchwald’s order did not address Chung’s allegations about the search warrants, although she noted in the hearing that she had pulled the government’s affidavit from court files and was reviewing it.

    Correction: March 28, 2025, 5:49 p.m. ET
    A previous version of this article misstated the month that ICE visited Ranjani Srinivasan’s apartment without a warrant. It was March, not May. 

    The post ICE Got Warrants Under “False Pretenses,” Claims Columbia Student Targeted Over Gaza Protests appeared first on The Intercept.

    This post was originally published on The Intercept.

  • People came out in central London in support of the Palestine Action Filton 18 – currently being held by the state for daring to stand up against Israel’s ongoing apartheid and genocide against the Palestinian people.

    Palestine Action: free the Filton 18

    Outside of London’s Old Bailey, hundreds mobilised on Thursday 27 March in solidarity with the Filton 18 political prisoners – and to reject the state’s abuse of ‘counter terror’ powers against those resisting complicity in genocide:

    During the demonstration, the police falsely arrested a supporter and was confronted with hundreds blocking the police vehicle to de-arrest the individual:

    The confrontation included the mother of one of the Filton 18 sitting in front of the police van along with people trying to stop the cops:

    After approximately one hour of the police being blockaded, the supporter was freed and returned to the demonstration.

    The mobilisation, on the day of their hearing in the court, was joined with solidarity demonstrations at British Embassies and Consulates in Paris, Lyon, Dublin, and Vienna. A billboard was also pasted in Bristol which read ‘Free the Filton 18’ and local protest group ‘Rise Up for Palestine’ blockaded Elbit’s Filton weapons hub in solidarity.

    Detained for resisting Israel’s apartheid and genocide

    The 18 have been detained since raids in 2024, one group since August, and another group since November, after activists are alleged to have entered the ‘Elbit Systems’ arms facility in Filton, Bristol on 6th August. Inside the factory, the weaponry found – including Israeli quadcopters – was dismantled. Elbit is Israel’s largest weapons company – providing the occupying military with 85% of its drones and masses of munitions and military equipment.

    Today’s hearing relates to the police’s attempts to assert that a ‘terrorism connection’ exists in relation to the case, a declaration which has been rejected by four United Nations Special Rapporteurs.

    Outside the Old Bailey, a press conference was held where statements were provided by the families of the political prisoners and from leading figures in the solidarity campaign.

    The friends and family of the Filton 18 said:

    Our loved ones are being treated as terrorists. The accusation is that they intervened in the genocide, that is still happening now to Palestinians. We have had our family homes violently raided and our loved ones forcibly disappeared, all so that the state can protect their interest in arming the Israeli military. This is not a fair trial but we stay strong for all those who have been unjustly imprisoned.

    Palestine Action: support from MPs

    Emma Kamio, mother of Leona Kamio, read out a pre-prepared statement from MP Dianne Abbot:

    I am deeply concerned by the ongoing prosecution of my constituent Leona Kamio and other Filton18 actionists under counter-terrorism legislation. While we must respect the legal process, serious questions remain about whether these charges are proportionate and compatible with both our domestic commitments to civil liberties and our international legal obligations.

    The use of such severe measures, including dawn raids at their homes and solitary confinement, particularly when people have been detained for months without conviction, risks undermining public confidence in the fairness of our justice system. Recent interventions by the United Nations have rightly drawn attention to whether these cases represent an appropriate use of legal powers or an unnecessary restriction on lawful dissent.

    When laws designed to address genuine threats to public safety are applied in ways that are aimed at stifling protest, we must all take notice. This is particularly troubling when such activism relates to matters of international law, including our obligations to prevent arms transfers to Israel that could facilitate violations of international humanitarian law.

    Whatever one’s views on the issues involved, we cannot ignore the importance of safeguarding fundamental freedoms while upholding our legal responsibilities. The right to protest must not be equated with criminality, nor should activism concerning matters of such serious international concern be treated as a threat to national security.

    I call on the authorities to ensure the cases of the Filton 18 actionists are handled with full transparency, proportionality, and respect for both the rule of law and our international legal obligations.

    Featured image and additional images via Martin Pope

    By The Canary

    This post was originally published on Canary.

  • Asia Pacific Report

    Dozens of Filipinos and supporters in Aotearoa New Zealand came together in a Black Friday vigil and Rally for Justice in the heart of two cities tonight — Auckland and Christchurch.

    They celebrated the arrest of former President Rodrigo Duterte by the International Criminal Court (ICC) earlier this month to face trial for alleged crimes against humanity over a wave of extrajudicial killings during his six-year presidency in a so-called “war on drugs”.

    Estimates of the killings have ranged between 6250 (official police figure) and up to 30,000 (human rights groups) — including 32 in a single day — during his 2016-2022 term and critics have described the bloodbath as a war against the poor.

    But speakers warned tonight this was only the first step to end the culture of impunity in the Philippines.

    Current President Ferdinand Marcos Jr, son of the late dictator, and his adminstration were also condemned by the protesters.

    Introducing the rally with the theme “Convict Duterte! End Impunity!” in Freyberg Square in the heart of downtown Auckland, Bagong Alyansang Makabayan’s Eugene Velasco said: “We demand justice for the thousands killed in the bloody and fraudulent war on drugs under the US-Duterte regime.”

    She said they sought to:

    • expose the human rights violations against the Filipino people;
    • call for Duterte’s accountability; and
    • to hold Marcos responsible for continuing this reign of terror against the masses.

    Flown to The Hague
    The ICC issued an arrest warrant for Duterte on March 11. He was immediately arrested on an aircraft at Manila International Airport and flown by charter aircraft to The Hague where he is now detained awaiting trial.

    “We welcome this development because his arrest is the result of tireless resistance — not only from human rights defenders but, most importantly, from the families of those who fell victim to Duterte’s extrajudicial killings,” Velasco said.

    Filipina activist Eugene Velasco
    Filipina activist Eugene Velasco . . . families of victims fought for justice “even in the face of relentless threats and violence from the police and military”. Image: APR

    “These families fought for justice despite the complete lack of support from the Marcos administration.”

    Velasco said their their courage and resilience had pushed this case forward — “even in the face of relentless threats and violence from the police and military”.

    “‘Shoot them dead!’—this was Duterte’s direct order to the Philippine National Police (PNP) and the Armed Forces of the Philippines (AFP). His death squads carried out these brutal killings with impunity,” Velasco said.

    Mock corpses in the Philippines rally
    Mock corpses in the Philippines rally in Freyberg Square tonight. Image: APR

    But Duterte was not the only one who must be held accountable, she added.

    “We demand the immediate arrest and prosecution of all those who orchestrated and enabled the state-sponsored executions, led by figures like Senator Bato Dela Rosa and Lieutenant-Colonel Jovie Espenido, that led to over 30,000 deaths, the militarisation of 47,587 schools, churches, and public institutions — especially in rural areas — the abductions and killings of human rights defenders, and the continued existence of National Task Force to End Local Communist Armed Conflict or NTF-ELCAC.”

    A masked young speaker tells of many victims of extrajudicial killings
    A masked young speaker tells of many victims of extrajudicial killings at tonight’s Duterte rally in Freyberg Square. Image: APR

    Fake news, red-tagging
    Velasco accused this agency of having “used the Filipino people’s taxes to fuel human rights abuses” through the spread of fake news and red-tagging against activists, peasants, trade unionists, and people’s lawyers.

    “The fight does not end here,” she said.

    “The Filipino people, together with all justice and peace-loving people of Aotearoa New Zealand, will not stop until justice is fully served — not just for the victims, but for all who continue to suffer under the Duterte-Marcos regime, which remains under the grip of US imperialist interests.

    “As Filipinos overseas, we must unite in demanding justice, stand in solidarity with the victims of extrajudicial killings, and continue the struggle for accountability.”

    Several speakers gave harrowing testimony about the fate of named victims as their photographs and histories were remembered.

    Speakers from local political groups, including Green Party MP Francisco Hernandez, and retired prominent trade unionist and activist Robert Reid, also participated.

    Reid referenced the ICC arrest issued last November against Israeli Prime Minister Benjamin Netanyahu, wanted for war crimes and crimes against humanity related to the Gaza genocide, saying he hoped that he too would end up in The Hague.

    Mock corpses surrounded by candles displayed signs — which had been a hallmark of the drug war killings — declaring “Jail Duterte”, “Justice for all victims of human rights” and “Convict Sara Duterte now!” Duterte’s daughter, Sara Duterte is currently Vice-President and is facing impeachment proceedings.

    The "convict Duterte" rally and vigil in Freyberg Square
    The “convict Duterte” rally and vigil in Freyberg Square tonight. Image: APR

    This post was originally published on Asia Pacific Report.

  • U.S. Immigration and Customs Enforcement is quietly deleting rules for how contractors treat transgender people in immigration detention, endangering a vulnerable population that often faces abuse and sexual assault behind bars.

    Over the last month, ICE has altered contracts for at least two detention centers, in Florida and New York, to remove transgender care requirements, according to records reviewed by The Intercept.

    Those changes followed President Donald Trump’s anti-trans executive order targeting “gender ideology extremism.”

    The Department of Homeland Security office charged with investigating civil rights violations in immigration detention has cited the same executive order to close at least one complaint based on gender identity discrimination, according to an immigrant rights group.

    The government’s shifts could deny trans people some of the few tools available for protecting themselves in detention, advocates said.

    “While this is not unexpected, it is still incredibly alarming, because the mistreatment of transgender people in immigration detention has been so horrible for so long, and it has been so difficult to combat that mistreatment,” said Bridget Crawford, the director of law and policy for the nonprofit group Immigration Equality. “There are so few mechanisms by which you can guarantee any modicum of protection or medically competent care, and now they are removing even those limited protections.”

    Dropped Language

    The records show ICE altered transgender care requirements for at least two facilities soon after Trump’s January 20 executive order, although the contract amendments do not specifically reference it.

    In February, the agency changed its contract with Akima Global Services, which has a management contract for the ICE-owned Buffalo Service Processing Center in New York. The contract was modified to “rescind/remove all Transgender Care requirements,” according to an entry in the Federal Procurement Data System.

    Earlier this month, the agency dropped similar language from its contract with the GEO Group, a publicly traded private-prison company that has cheered Trump’s immigration crackdown, covering detainees at the Broward Transitional Center in Florida.

    Also in March, the agency uploaded to its website an undated amendment to its intergovernmental services agreement with the Calhoun County Sheriff’s Office in Battle Creek, Michigan, to delete transgender care requirements for immigration detainees in its jail.

    GEO Group and Calhoun County referred requests for comment to ICE. Akima did not respond to requests for comment.

    ICE did not respond to questions — including about what motivated the contract changes or which care requirements they are dropping.

    One immigration lawyer said that while she had long viewed ICE’s standards as ineffective due to a lack of enforcement, dropping them still sends a chilling message.

    “Even if there isn’t a huge amount of language that they are actually stripping from the contract itself, the message is the same. That the lives of people who are trans in that detention center are not valued and that abuse can be carried out with impunity,” said Ann Garcia, a staff attorney at the National Immigration Project.

    American Civil Liberties Union of Michigan staff attorney Jay Kaplan said his group would closely monitor conditions at the lock-up in Battle Creek, noting that the Constitution and state law also provide protections for transgender people.

    “If it is pursuant to some executive order, an executive order doesn’t usurp federal court decisions. It doesn’t usurp parts of the Constitution,” Kaplan said.

    Homan Once “Strictly Prohibited” Discrimination

    Trump, in his executive order, mandated that detained trans women be placed in housing with men and ordered federal agencies to “remove all statements, policies, regulations, forms, communications, or other internal and external messages that promote or otherwise inculcate gender ideology.”

    That represents a sharp about-face from the Biden era, when ICE added extensive “transgender care” language to contracts with numerous vendors.

    That language often extended far beyond medical care. Sample contract language included with a detention contract in Colorado shows that facilities were required to hold newly detained trans people away from the general population, for no more than 72 hours, until a special committee could decide where best to house them.

    The language required the facilities to at least consider placing the detainee in “general housing consistent with the non-citizen’s gender identity.”

    It also required the facilities to consider special safety measures, provide appropriate clothing and hygiene products, conduct strip-searches in private, refer to detainees by their preferred pronouns, and have access to “transgender-related health care based on medical need.”

    Moreover, the committees considering the transgender detainee’s conditions were supposed to regularly reconvene and review reports of mistreatment.

     

    The sample contract reflects a memo issued by Trump border czar Tom Homan during an earlier part of his career in 2015, when he was executive assistant director of ICE’s Office of Enforcement and Removal Operations under Barack Obama.

    That memo laid out protections for trans people in custody, including the committees, and stated that “Discrimination or harassment of any kind based on a detainee’s actual or perceived sexual orientation or gender identity is strictly prohibited.”

    The memo vanished in February from its long-standing address on ICE’s website, according to Internet Archive captures. ICE did not comment on whether it remains effective.

    Dire Need

    Transgender people make up a tiny fraction of those in immigration custody — perhaps a few dozen on any given day. But there have been long-standing reports of physical and sexual assault, prolonged solitary confinement, verbal abuse from staff and fellow detainees, and the denial of medical care such as HIV medication and hormone therapy.

    Immigration Equality and other groups issued a report last June, based on interviews with 41 people who are LGBTQ or living with HIV, calling for the government to phase out immigration detention entirely.

    While many advocates saw Homan’s 2015 memo as imperfect, they said that at the very least it should be included in binding contracts with the corporations and local governments that own or operate detention facilities for profit. The Biden administration amended numerous contracts in 2022 and 2023.

    Homan’s memo, and the contract language, provided detainees with something to point to when they filed complaints with the Department of Homeland Security’s Office for Civil Rights and Civil Liberties, attorneys said.

    Muffling the Watchdog

    That office was charged with investigating complaints about civil rights violations, including those related to gender orientation.

    However, Immigration Equality says the office recently closed a case related to gender identity discrimination by citing Trump’s executive order.

    That raised the disturbing possibility that the agency will no longer investigate complaints based on gender identity discrimination, Immigration Equality lawyer Liza Doubossarskaia said.

    DHS did not respond to a request for comment.

    Even if DHS policy has not changed to prevent trans people from lodging discrimination complaints, there may be no one around to investigate them. Last week, DHS said it would be reducing staff in the civil rights office to a bare minimum.

    “There isn’t anyone to complain to who can take meaningful action right now,” Doubossarskaia said. “It’s scary. I’m just worried about what is going to happen to people.”

    The post ICE Is Erasing Rules That Protected Trans Immigrants appeared first on The Intercept.

    This post was originally published on The Intercept.

  • By Kit Klarenberg

    The court condemned Ukrainian authorities for failing to prevent a fiery 2014 massacre in which dozens of anti-Nazi activists were burned alive – but the judges’ political bias meant victims were implicitly blamed for their fate, and their families received a paltry 15,000 euro payout.

    The European Court of Human Rights has found the Ukrainian government guilty of committing human rights violations during the May 2, 2014 Odessa massacre, in which dozens of Russian-speaking demonstrators were forced into the city’s Trade Unions House and burned alive by ultranationalist thugs.

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    Citing the “relevant authorities’ failure to do everything that could reasonably be expected of them to prevent the violence in Odessa,” the court ruled unanimously that Ukraine violated Article 2 of the European Convention on Human Rights, which guarantees the right to life. The judges also condemned the Ukrainian government’s failure “to stop that violence after its outbreak, to ensure timely rescue measures for people trapped in the fire, and to institute and conduct an effective investigation into the events.”

    42 people were killed as a result of the fire, a bloody bookend to the so-called “Maidan revolution” that saw Ukraine’s democratically-elected president deposed in a Western-backed coup in 2014. Ukrainian officials and legacy media outlets have consistently framed the deaths as a tragic accident, with some figures even blaming anti-Maidan protesters themselves for starting the blaze. That notion is thoroughly discredited by the verdict, which was delivered by a team of seven judges including a Ukrainian justice.

    As dozens of anti-Maidan activists burned to death, the ECHR found deployment of fire engines to the site was “deliberately delayed for 40 minutes,” even though the local fire station was just one kilometer away.

    In the end, the judicial body determined there was nothing which indicated Ukrainian authorities “had done everything that could reasonably be expected of them to avert” the violence. Officials in Kiev, they said, made “no efforts whatsoever” to prevent skirmishes between pro- and anti-Maidan activists that led to the deadly inferno, despite knowing in advance such clashes were likely to break out. Their “negligence… went beyond an error of judgment or carelessness.”

    The case was brought by 25 people who lost family members in the Neo-Nazi arson attack and clashes that preceded it, and three who survived the fire with various injuries. Though the ECHR found Ukraine violated their human rights, the court demanded Ukraine pay them just 15,000 euros each in damages.

    The ruling also stopped short of acknowledging the full reality of the Odessa slaughter, as it largely overlooked the role played by Western-supported neo-Nazi elements and their intimate ties to the sniper massacre in February 2014 in Maidan Square which has been conclusively determined to have been a false flag. In the judges’ decision, they downplayed or justified violence by the violent Ukrainian football fans and skinheads, charitably describing them as “pro-unity activists.”

    Russians burned alive while Ukrainian officials looked away

    Ukraine’s Maidan protests commenced in November 2013 after President Yanukovych declined to form a trade agreement with Europe and renewed dialogue with Russia, and tensions quickly began to escalate between Odessa’s sizable Russian-speaking population and Ukrainian nationalists. As the ECHR ruling noted, “while violent incidents had overall remained rare… the situation was volatile and implied a constant risk of escalation.” In March 2014, anti-Maidan activists set up a tent camp in Kulykove Pole Square, and began calling for a referendum on the establishment of an “Odessa Autonomous Republic.”

    The next month, supporters of Odesa Chornomorets and Kharkiv Metalist football clubs announced a rally “For a United Ukraine” on May 2. According to the ECHR, that’s when “anti-Maidan posts began to appear on social media describing the event as a Nazi march and calling for people to prevent it.” Though the European court branded the description Russian “disinformation,” there’s extensive evidence that hooligans associated with both clubs had overt Neo-Nazi sympathies and associations, and well-established reputations for violence. The football clubs involved later went on to form the notorious Azov Battalion.

    Fearing their tent encampment would be attacked, anti-Maidan activists resolved to disrupt the “pro-unity” march before it reached them. The ECHR revealed Ukraine’s security services and cybercrime unit had substantive intelligence indicating “violence, clashes and disorder” were certain on the day. However, authorities “ignored the available intelligence and the relevant warning signs,” and failed to take the “proper measures” to “stamp out any provocation.”

    On May 2, 2014, anti-Nazi activists confronted the demonstrators as the march began, and violent clashes immediately erupted. At roughly 5:45 PM, in the precise manner of the Maidan Square sniper false flag massacre three months earlier, multiple anti-Maidan activists were fatally shot “by someone standing on a nearby balcony” using “a hunting gun,” the ruling states. Subsequently, “pro-unity protesters… gained the upper hand in the clashes,” and charged towards Kulykove Pole square.

    Anti-Maidan activists took refuge in the Trade Unions House, a five-story building overlooking the square, while their ultranationalist adversaries “started setting fire to the tents,” according to the ruling. Gunfire and Molotov cocktails were exchanged by both sides, and before long, the building was ablaze. “Numerous calls” were made to the local fire brigade, including by police, “to no avail.” The court noted that the fire chief had “instructed his staff not to send any fire engines to Kulykove Pole without his explicit order,” so none were dispatched.

    Many of those trapped in the building died when attempting to escape by jumping from its upper windows, and those that survived were treated to more ‘unity’ by the violent demonstrators outside. “Video footage shows pro-unity protesters attacking people who had jumped or had fallen,” the ECHR notes. It was not until 8:30 PM that firefighters finally entered the building and extinguished the blaze. Police then arrested 63 surviving activists they found remaining in the building or on the roof. Those detained weren’t released until two days later, when a several hundred-strong group of anti-Maidan protesters stormed the police station holding them.

    The litany of security failures and industrial scale negligence by authorities that day was greatly aggravated by “local prosecutors, law enforcement, and military officers” not being “contactable for a large part or all of [the] time,” as they were coincidentally attending a meeting with Ukraine’s Deputy Prosecutor General. The ECHR “found the attitude and passivity of those officials inexplicable” – apparently unwilling to consider the obvious possibility that Ukrainian authorities purposefully made themselves incommunicado to ensure maximum mayhem and bloodshed, while insulating themselves from legal repercussions.

    Because Ukrainian authorities “had not done everything they reasonably could to prevent the violence,” nor even “what could reasonably be expected of them to save people’s lives,” the ECHR found Kiev violated Article 2 of the European Convention on Human Rights. The Court also concluded authorities “failed to institute and conduct an effective investigation into the events in Odessa,” a violation of the “procedural aspect” of Article 2.

    Anatomy of a Kiev coverup

    Though left unstated, the ECHR’s appraisal of the Odessa massacre, and the officials who failed in their most basic duties points to a deliberate state-level coverup.

    For example, no effort was made to seal off “affected areas of the city centre” in the event’s aftermath. Instead, “the first thing” local authorities did “was to send cleaning and maintenance services to those areas,” meaning invaluable evidence was almost inevitably eradicated.

    Unsurprisingly, when on-site inspections were finally carried out two weeks later, the probes “produced no meaningful results,” the ECHR noted. The Trade Unions House likewise “remained freely accessible to the public for 17 days after the events,” giving malicious actors plentiful time to manipulate, remove, or plant incriminating evidence at the site. Meanwhile, “many of the suspects absconded,” the court noted. Several criminal investigations were opened, only to go nowhere, left to expire under Ukraine’s statute of limitations.

    Other cases that reached trial “remained pending for years,” before being dropped, despite “extensive photographic and video evidence regarding both the clashes in the city centre and the fire,” from which culprits’ identities could be easily discerned. The ECHR expressed no confidence that Ukrainian authorities “made genuine efforts to identify all the perpetrators,” and several forensic reports weren’t released for many years, in breach of basic protocols. Elsewhere, the Court noted a criminal investigation of an individual suspected of having shot at anti-Maidan activists was inexplicably discontinued on four separate occasions, on identical grounds.

    The court also noted “serious defects” in investigations into Ukrainian officials’ role in the massacre. Primarily, this took the form of “prohibitive delays” and “significant periods of unexplained inactivity and stagnation” in opening cases. For instance, “although it had never been disputed that the fire service regional head had been responsible for the delayed deployment of fire engines to Kulykove Pole,” it took nearly two years for the Ukrainian government to officially investigate.

    Similarly, Odessa’s regional police chief not only failed to implement any “contingency plan in the event of mass disorder,” as required, but internal documents claiming that security measures had in fact been undertaken were found to have been forged. A criminal investigation into the chief took nearly a year to materialize, then remained pending “for about eight years,” when it was closed after the statute of limitations expired.

    The Georgian connection

    The notion that the incineration of anti-Maidan activists in May 2014 was an intentional and premeditated act of mass murder, conceived and directed by Kiev’s US-installed far-right government, was apparently not considered by the ECHR. But testimonies from a Ukrainian parliamentary commission which was instituted in the massacre’s immediate aftermath indicate the violence was not a freak twist of fate spontaneously produced by two hostile factions clashing in Odessa, as the ruling suggests.

    That parliamentary commission found Ukrainian national and regional officials explicitly planned to use far-right activists drawn from the fascist Maidan Self-Defence to violently suppress Odessa’s would-be separatists, and disperse all those camped by the Trade Unions House. Moreover, the notorious ultra-nationalist Ukrainian politician Andriy Parubiy and 500 of its armed members of Maidan Self-Defense were dispatched to the city from Kiev on the eve of the massacre.

    From 1998 – 2004, Parubiy served as founder and leader of Neo-Nazi paramilitary faction Patriot of Ukraine. He also headed Kiev’s National Security and Defence Council at the time of the Odessa massacre. Ukraine’s State Bureau of Investigations immediately began scrutinizing Parubiy’s role in the May 2014 events after he was replaced as lead parliamentary speaker, following the country’s 2019 general election. This probe has seemingly come to nothing since, although a year prior a Georgian militant testified to Israeli documentarians that he engaged in “provocations” in the Odessa massacre under the command of Parubiy, who told him to attack anti-Maidan activists and “burn everything.”

    That militant was one of several Georgian fighters who has admitted they were personally responsible for the February 2014 Maidan Square false flag sniper massacre, under the command of ultranationalist Ukrainian figures like Parubiy, and Mikhael Saakashvili, the founder of infamous mercenary brigade Georgian Legion. The slaughter in Maidan brought about the end of Viktor Yanukovych’s government, and sent Ukraine hurtling towards war with Russia.

    The Odessa massacre was another chapter in that morbid saga – and Europe’s foremost human rights court has now formally laid responsibility for the horror at Kiev’s feet.

    The post Ukraine Guilty of Human Rights Violations in Trade Union Massacre, Top European Court Finds first appeared on Dissident Voice.

    This post was originally published on Dissident Voice.

  • Ten years ago, 21 young people filed a long shot lawsuit against the federal government, arguing that it wasn’t doing enough to protect them from climate change. Their campaign came to an end this week without a court victory, but having made a different kind of impact: They brought an innovative legal approach to the climate fight that has inspired similar cases, at least two of which have been successful.

    The case, Juliana v. United States, has “forever changed the legal paradigm,” said Julia Olson, chief legal counsel for Our Children’s Trust, which represented the youth. It “ignited the global youth climate movement,” she said, “and forced a reexamination of children’s rights in the context of climate change.”

    The plaintiffs argued that, by supporting the production and burning of fossil fuels, the federal government violated their constitutional right to “life, liberty, personal security, dignity, bodily integrity, and their cultural and religious practices.” The case endured fierce pushback from the Obama, Trump, and Biden administrations, and the Ninth Circuit Court of Appeals ordered its dismissal twice — once in 2020 and again in May 2024.

    On Monday, the United States Supreme Court declined to reinstate the complaint, ruling that the youth had not shown that they have standing to sue the government. That dashed the last remaining hope that the suit could move forward.

    Although Juliana wasn’t the first youth-led climate lawsuit — six were filed worldwide between 2011 and 2015 — it precipitated a rapid increase in such cases. By one count from the nonprofit ClimaTalk, young people filed 18 cases between 2016 and 2020 and at least another half dozen since then. Like Juliana, many argued that governments have an obligation to address climate change to defend individual freedoms, such as the right to life or to a healthy environment. 

    Michael Gerrard, founder and faculty director of Columbia University’s Sabin Center for Climate Change Law, said Juliana made clear that U.S. “federal courts are not going to embrace a constitutional right to a stable climate system” — a point Judge Andrew Hurwitz of the Ninth Circuit made when he noted in a 2020 opinion that “the plaintiffs’ impressive case for redress must be presented to the political branches of government.” For that reason, Gerrard said, such cases may fare better in states that have written environmental rights into their constitutions.

    Those states include Montana and Hawaiʻi, where Our Children’s Trust has won landmark victories. The first came in Montana when a judge ruled that the 16 youth who sued the state over its support of the fossil fuel industry have a constitutional right to a “clean and healthful environment.” The state Supreme Court affirmed the ruling in December when it ruled that the state must consider climate impacts when reviewing fossil fuel projects.

    Last June, Our Children’s Trust reached a historic settlement with the Hawaiʻi Department of Transportation that requires it to decarbonize transportation by 2045. The unprecedented agreement also mandates that the agency work to mitigate climate change, align its investments and clean energy goals, and plant at least 1,000 trees annually. Mesina D., one of the 13 plaintiffs in the case, attributed that victory to “the blueprint laid by the Juliana youth plaintiffs.”

    “Thanks to these 21 Americans, young people everywhere now know they can raise their voices and demand the protection of their constitutional rights to life and liberty,” she said in a statement.

    A young man wearing a suit sits at a table with a name tag reading "Mr. Piper" in front of him
    Aji Piper, one of the plaintiffs in Juliana v. United States, speaks at a hearing of the House Select Committee on the Climate Crisis in 2019. Mark Wilson / Getty Images

    Many of them are doing just that. Olson said she’s helping Our Children’s Trust litigate or develop eight more state-level climate cases. She’s also working with the Juliana plaintiffs to decide whether to bring their case before an international venue like the Inter-American Court of Human Rights, which could issue a nonbinding, but nevertheless symbolic, decision. That would mirror a strategy 16 children attempted in 2019 when they brought a climate change petition against five countries under the United Nations Convention on the Rights of the Child. (The U.N. told them in 2021 to begin by suing their native countries and return if they lost.)

    That’s not to say anyone’s given up on federal action. Because the Ninth Circuit dismissed the case without prejudice, the plaintiffs are free to try again. “These claims are not closed by any means,” Olson said. Our Children’s Trust is already working on a federal case that she hopes to launch soon.

    James May, an emeritus law professor and founder of the Global Environmental Rights Institute at Widener University Delaware Law School, agreed that another lawsuit is worth a shot so that constitutional rights claims can be heard on their merits.

    He also believes the Juliana case was a “huge missed opportunity” for the Biden administration, which talked a lot about the need to address climate change but whose Justice Department repeatedly asked judges to dismiss the case. The administration “didn’t have to agree that there was a constitutional right that had been violated,” May said, but it could have settled the case by agreeing to take concrete steps to address greenhouse gas emissions.

    “The Obama, Trump, Biden, and [second] Trump administrations fought this case harder than any case in American history,” May said. “It sounds so dramatic, but it’s true. Never before has the federal government sought interlocutory relief to the extent it did in this case.”

    In a statement, the Department of Justice welcomed the Supreme Court’s decision as the end of what it called a “long saga” that “has tied up the United States in litigation.” Adam Gustafson, the acting assistant attorney general of the department’s environment and natural resources division, also said in the statement that “the Justice Department is enforcing our nation’s environmental laws and safeguarding America’s air, water, and natural resources. Cases like Juliana distract from those enforcement efforts.”

    Despite the setback, the work of those 21 youth and the pioneering case they brought radically reshaped the climate fight by engaging young people and more broadly mobilizing the environmental movement. Since 2015, more than 80 members of Congress, including senators Jeff Merkley, Cory Booker, and Bernie Sanders, have endorsed legislation affirming the climate- and environment-related rights of children and filed amicus briefs in Juliana. More than 400 organizations supported the lawsuit, and 350,000 people signed petitions calling for courts to hear it. The case is being taught in law schools, and it has inspired books and the Netflix documentary Youth v. Gov.

    “Hats off to the litigants,” May said. “They literally changed the world.”

    This story was originally published by Grist with the headline The world’s biggest youth climate lawsuit lost in court, but it ‘changed the world’ on Mar 27, 2025.


    This content originally appeared on Grist and was authored by Joseph Winters.

    This post was originally published on Radio Free.

  • This investigation, conducted by Arab Reporters for Investigative Journalism, is part of the Gaza Project, a collaboration involving over 40 journalists from 12 organizations coordinated by Forbidden Stories.

    In partnership with

    Four years ago, Mahmoud Isleem al-Basos began messaging Shadi al-Tabatiby on social media, again and again, asking to join him on shoots. Al-Tabatiby, one of Gaza’s best-known drone journalists, didn’t pay much attention at first.

    “But Mahmoud was persistent,” al-Tabatiby said. “So I told him, ‘Fine, I’ll meet you.’”

    Twice, al-Tabatiby told al-Basos where he’d be filming; both times, al-Basos showed up and waited.

    Mahmoud al-Basos, left, and Shadi al-Tabatiby pose for a selfie in an undated photo taken in the Gaza Strip, in occupied Palestine. Photo: Shadi al-Tabatiby

    “There’s an age gap between us, but I love people who work hard and want to learn,” al-Tabatiby said. “I found that in Mahmoud.”

    The two grew close, and al-Basos began joining al-Tabatiby on shoots.

    Then came Israel’s war on Gaza. Al-Tabatiby, who was freelancing for The Associated Press, relocated to the south. Al-Basos stayed in the north. With movement between the two areas cut off by the Israeli military, they kept in touch.

    Al-Tabatiby started assigning al-Basos shoots from afar, and the young journalist picked up work with international outlets, including Reuters and the Turkish news agency Anadolu.

    Even after al-Tabatiby evacuated to Egypt a year ago, they stayed in close contact.

    Two weeks ago, on March 15, al-Basos was filming preparations for a Ramadan iftar in the northern Gaza city of Beit Lahia. The backdrop was a new expansion of a displacement camp opened by the London-based Al-Khair Foundation, which was paying al-Basos to film the event. Then two Israeli airstrikes hit the area. At least seven people were killed, including al-Basos.

    “I was in shock,” Al-Tabatiby said. “I couldn’t believe it.”

    He added, with incredulity, “We were in a ceasefire.”

    Al-Basos became the fifth drone journalist to be killed by Israel since the start of the war in Gaza.

    Earlier this month, al-Basos was hired by Forbidden Stories, the coordinators of the Gaza Project and a newsroom dedicated to completing the work of threatened and slain journalists. Al-Basos was assigned to do drone filming for this story. In early March, he completed his second assignment, capturing images of al-Shati refugee camp.

    “The journalist is back home and safe,” a colleague wrote in a shared group chat. Forbidden Stories had been coordinating the filming and regularly updating partners on its progress.

    The grim irony of his death a few days later was lost on no one: a drone journalist working on a story about the killing of drone journalists gets killed himself.

    Cut Down One By One

    Al-Tabatiby became something like the dean of drone journalists in Gaza — though he did not start their use in the territory. Drones have been used by journalists in Gaza since 2014, when journalist and filmmaker Ashraf Mashharawi first used one in the field. Before and during the 2014 war, the flying cameras became a tool for documenting the damage done by the Israeli military.

    Today, al-Tabatiby believes drone footage remains a key to telling the larger story of the current war in Gaza, revealing what on-the-ground photography couldn’t show. The destruction of Gaza’s cityscapes at the hands of Israeli weapons is at such a great scale that the full extent of the calamity can only be hinted at through flybys and overhead shots.

    GAZA CITY, GAZA - JANUARY 21: An aerial view of the destruction after the ceasefire agreement came into effect in Gaza Strip on January 21, 2025. Months of Israeli bombardment turned the buildings in the city into a pile of rubble and ash. (Photo by Mahmoud Isleem/Anadolu via Getty Images)
    BEIT LAHIA, GAZA - FEBRUARY 26: An aerial view of destroyed buildings in Beit Lahia, northern Gaza Strip, following the implementation of a ceasefire agreement on February 26, 2025. The residential complexes, built by Egyptian companies for Palestinians displaced after Israel's 2021 attacks, were reduced to rubble before they could be officially opened and handed over to their intended residents. (Photo by Mahmoud Isleem/Anadolu via Getty Images)
    Two aerial photos by Mahmoud al-Basos of destruction in the Gaza Strip, in Gaza City, left, taken on Jan. 21, 2025, and Beit Lahia, right, on Feb. 26, 2025. Photos: Mahmoud al-Basos/Anadolu via Getty

    A recent example is a one-minute video by Agence France-Presse published in January, after the ceasefire took effect, showing the magnitude of the destruction in the southern Gaza city of Rafah.

    Drone journalists stayed busy in the field, taking videos and sending them out. Like all journalists, they faced massive personal risk. Gaza, since the inception of the war in October 2023, has become the most dangerous place in the world for journalists.

    According to the Committee to Protect Journalists, or CPJ, the war is the deadliest conflict for journalists since the group began keeping records. At least 165 Palestinian journalists have been killed — more than the number of journalists killed during six years of World War II.

    As the toll on journalists grew, drone journalists suffered a proportionately huge loss. According to al-Tabatiby, around 10 drone journalists were working in Gaza at the outset of the war. Five have been killed, and one was severely injured.

    Related

    Israel’s War on Gaza Is the Deadliest Conflict on Record for Journalists

    In several of these cases, including the March 15 strike that killed Mahmoud al-Basos, Israel accused the journalists of ties to militant groups but provided no substantiated evidence. Interviews with former Israeli officials and leaked internal documents point to the absence of clear rules of engagement when it comes to journalists using drones.

    The Israeli military did not respond to questions about specific incidents or provide further evidence, but said it takes measures to avoid civilian deaths and “rejects outright the allegation of a systemic attack on journalists.”

    The drone journalists remain skeptical. Before and during the war, they had formed a loose-knit, unofficial network. As the war progressed, they saw their colleagues fall one by one in a series of Israeli attacks that, in nearly every instance, according to a review by Arab Reporters for Investigative Journalism, Forbidden Stories, and their partners, came shortly after the journalists were flying their drones and capturing aerial images.

    For his part, al-Tabatiby watched with horror as injuries and deaths slowly eroded drone journalists’ ability to get more stories out about Gaza — to give that window into the widespread destruction.

    Al-Tabatiby, though, wasn’t just losing colleagues; he was also losing friends.

    No Clear Rules

    There were no clear guidelines within the Israeli military about how to handle civilian drones, a former Israel official said in an interview.

    “At no point during this war did I receive an official document outlining the rules of engagement,” said Michael Ofer-Ziv, a former Israeli military reservist who monitored footage from Gaza during the early weeks of the war. “And that’s a problem, because it leaves a lot of room for interpretation.”

    “If you see someone flying a drone and it’s not ours, you shoot, without questions.”

    While the use of drones by journalists was never discussed in his presence, Ofer-Ziv said the “general vibe” was clear: “If you see someone flying a drone and it’s not ours, you shoot, without questions.”

    The issue had come up in the halls of the Israeli government, but not from the Ministry of Defense. Leaked emails from 2020, shared with Forbidden Stories, show that officials in the Israeli Ministry of Justice were cautioning against suggesting that journalists using drones could be misidentified as fighters, warning that it could be perceived as Israel not adhering to international laws.

    In the exchange, prosecutors in the Justice Ministry discussed the Israeli military’s killing of a journalist, Yaser Murtaja, who was using a drone during April 2018 protests in Gaza. The prosecutors raised a statement made by then-Defense Minister Avigdor Lieberman: “I don’t know who he is, a photographer, not a photographer, whoever operates drones over IDF soldiers” — referring to the Israel Defense Forces — “needs to understand he’s putting himself in danger.”

    Related

    Seeing Gaza Through the Lens of Yaser Murtaja, a Palestinian Journalist Killed by Israel

    The officials in the exchange noted that such a statement, cited in a U.N. inquiry report on the deadly suppression of Gaza protests, could be seen as blurring the line between journalists and militants. They warned that such a conflation could be used to “undermine Israel’s claims that it adheres to the laws of war in general and the principle of distinction in particular.”

    There is no public record of an Israeli warning to journalists not to use drones.

    “We never saw any statement or warning from the army clearly telling journalists not to use drones. But there’s a clear pattern: Journalists who do are targeted,” said Mashharawi, the Palestinian filmmaker who first introduced drones to Gaza.

    Of the four attacks in the current Gaza war examined by ARIJ, Forbidden Stories, and their partners, three of the drones being operated by the journalists survived. The journalists did not.

    “They have tools to disable or even take over a drone, without sentencing the journalist to death,” Mashharawi said. “There are many other options before firing a missile.”

    For al-Tabatiby, the bombs started falling on his friends early on in the war.

    Mustafa Thuraya

    On January 7, 2024, three months after Israel’s assault on Gaza got underway, al-Tabatiby was supposed to join his friend Mustafa Thuraya on a shoot. In southern Gaza, they had been sharing a tent and covering the war together. That morning, however, al-Tabatiby stayed back to help his wife take their newborn daughter to get vaccinated.

    Thuraya, who had been freelancing for AFP and Al Jazeera, was filming the aftermath of one strike with his drone. As his work finished up, he was killed by another Israeli airstrike. He was the first Palestinian drone journalist killed in the war.

    The Israeli military said it had “identified and killed a terrorist operating a flying device that posed a threat to Israeli troops.” A visual investigation by the Washington Post, however, contradicts that claim. The Post analyzed footage from Thuraya’s drone and found no Israeli soldiers, aircraft, or military equipment in the area.

    RAFAH, GAZA - JANUARY 07: Al Jazeera's bureau chief in Gaza, Wael Al-Dahdouh's son Hamza Wael Al-Dahdouh and Mustafa Thuraya, who were also journalists are killed in an Israeli bombing on their car in the city of Rafah, Gaza on January 07, 2024. Dahdouh, who is also wounded in the arm, lost his wife and two other children during the Israeli attacks. (Photo by Stringer/Anadolu via Getty Images)
    The smoldering wreckage of the car where journalists Hamza al-Dahdouh and Mustafa Thuraya were killed in an Israeli bombing in the city of Rafah, Gaza Strip, on Jan. 7, 2024. Photo: Anadolu via Getty Images

    Abdallah El-Hajj

    On February 24, drone journalist Abdallah el-Hajj was seriously injured in an Israeli strike after filming in Al-Shati refugee camp.

    “As soon as I finished filming and put the drone inside my backpack, I was hit,” el-Hajj said.

    He regularly did videography for the United Nations Relief and Works Agency, or UNRWA, a group for delivering aid to Palestinian refugees. Over the past year and a half, UNRWA has come under attack from the Israeli government, which claimed that the aid group had ties to terrorists and severed all ties with it.

    After hitting el-Hajj, the Israeli military later claimed it had struck a “terrorist cell using a drone” but did not respond to questions about the incident. El-Hajj denied having any ties to militant groups, calling the allegation “false and unfounded.” He said he was checked twice by Israeli forces, once at al-Shifa Hospital and again before leaving Gaza for treatment in Qatar.

    “If I were Hamas,” he said, “I would not have gone out of the Gaza Strip for treatment.”

    Both el-Hajj’s legs were amputated as a result of his injuries. A few days after the attack, another attack struck — this time against his house. El-Hajj believes the second salvo was intended to destroy the video archives he had accumulated over 20 years.

    The al-Gharbawi Brothers

    In April, al-Tabatiby got a call from photographer Ibrahim al-Gharbawi. Ibrahim and his brother Ayman had evacuated with their family to Rafah. Now, Ibrahim had bought a drone and was asking al-Tabatiby for help learning to fly it. Al-Tabatiby advised against using it at all, saying the situation was “frightening.”

    On April 26, however, the al-Gharbawi brothers left for Khan Younis to film the destruction left by the Israeli invasion, according to their brother Abdallah. Ibrahim’s wife, Inas, said he called to say they had finished shooting and were on their way back. She never heard from him again.

    Later that night, Inas learned they had been killed in an Israeli airstrike.

    Losing two brothers at once was devastating.

    “There’s not a moment that passes without us bringing them up,” Abdallah said “remembering them, crying for them.”

    Mohammed Abu Saada

    Al-Tabatiby was growing exasperated by the continued killings — especially after Ibrahim al-Gharbawi’s death.

    “After he was targeted,” al-Tabatiby said, “I decided that ‘khalas’ — enough.”

    He took an opportunity to leave Gaza for Egypt and sold his drone to a colleague, Mohammed Abu Saada.

    Three months later, Abu Saada was killed in an airstrike on his uncle’s tent, where he had gone to use the internet to upload footage.

    “It was 5:29,” said Abu Saada’s cousin Saif, who was with him at the time. “I remember looking at the phone.”

    He had stepped away for only a moment, before a missile crashed down.

    “I felt everything freeze for a second,” he said. Mohammed and three of Saif’s siblings were all dead.

    Abu Saada’s final post shows him with his drone, filming the destruction in Bani Suhaila, east of Khan Younis in southern Gaza, but he wasn’t using it that day. Of the drone journalists killed in the war, Abu Saada was the only one who had not been using his drone immediately before his death. Saif said Abu Saada had removed the battery and he had left it at home.

    “We all knew that anyone using one would be shot down,” Saif said, “even if they were civilians.”

    Mahmoud Al-Basos

    In the aftermath of the March 15 strikes that killed Mahmoud al-Basos, Reuters, to which al-Basos had contributed work, released a statement.

    “We were deeply saddened to learn that journalist Mahmoud Al-Basos, whose work Reuters published in recent weeks, was killed by an Israeli strike while on assignment for the Al-Khair Foundation,” a Reuters spokesperson said.

    The Israeli military said it had targeted a group of “terrorists,” including two operating a drone. The Israelis released a list of names and photos, but the statement misidentified some of the people listed and named at least one person who was not killed in the strikes, according to Gaza’s government media office.”

    Al-Basos was neither named in the Israeli list nor pictured in the statement. Instead, the Israeli army listed another individual, with a similar name, describing him as a “Hamas terrorist operating under journalistic cover,” while suggesting a link between the drone used in Beit Lahia and the militant group Palestinian Islamic Jihad.

    ARIJ, Forbidden Stories, Bellingcat, and partners geolocated the site of the strike and confirmed it was 1.8 kilometers away from where Israeli soldiers were.

    An Al-Khair Foundation spokesperson said they “utterly refute” any claims that their team was connected to militants. They said the members were deliberately targeted while on a “purely humanitarian mission.”

    CPJ recognizes all five drone journalists killed on its site, including al-Basos, whose killing was classified as a “murder” — a designation the organization reserves for cases where a journalist appears to have been deliberately targeted.

    “There’s a pattern from the IDF of accusing journalists of different things — sometimes contradictory statements within days — because that’s how propaganda works.”

    In an interview with the consortium for the first round of Gaza Project stories last year, Carlos Martínez de la Serna, CPJ’s program director, said, “There’s a pattern from the IDF of accusing journalists of different things — sometimes contradictory statements within days — because that’s how propaganda works. First you plant the seed of doubt, right? ‘Oh, he was…’ And there’s nothing there. No evidence of any kind.”

    Mashharawi said his company has paused all drone use, citing safety concerns for the team, especially after the March 15 strike. “Drone filming will resume only if there is complete certainty that journalists are not being targeted for using drones in their reporting,” he said.

    A few weeks ago, Al-Tabatiby spoke to al-Basos on a late-night phone call. Al-Tabatiby was offering his young friend advice — about life, about money. Al-Basos, who was 25, had been spending too much and was planning to get engaged.

    “We get married early in Gaza,” al-Tabatiby said, laughing softly, an attempt at humor at a moment of deep grief.

    They spoke for over an hour, the longest call they’d had in a while. Al-Tabatiby didn’t know it was going to be their last. The next day al-Basos was killed by the Israeli strike.

    With additional reporting from Farah Jallad and Zarifa Abu Qoura of ARIJ; Jake Godin, Thomas Bordeaux, and Charlotte Maher of Bellingcat; Mariana Abreu and Samer Shalabi of Forbidden Stories; and Maria Retter of Paper Trail Media.

    The post Israel Leveled Gaza — Then Killed the Drone Journalists Who Showed it to the World appeared first on The Intercept.

    This post was originally published on The Intercept.

  • In partnership with

    This investigation, conducted by Arab Reporters for Investigative Journalism, is part of the Gaza Project, a collaboration involving over 40 journalists from 12 organizations coordinated by Forbidden Stories.

    The image of Al Jazeera cameraman Fadi al-Wahidi lying motionless on the pavement quickly spread among journalists in Gaza. His press vest is visible but it turned out to be useless; he was shot in the neck, just above the flak jacket.

    It was October 9, 2024, and al-Wahidi had been reporting on the displacement of Palestinian families in Jabalia in the northern Gaza. The al-Saftawi neighborhood, where he was working, had been designated by the Israeli military as a “yellow” zone, outside of the “red” evacuation area.

    In video footage of that day, gunfire erupts. Moments later, al-Wahidi lies on the ground, unmoving. His colleagues are unable to reach him immediately for fear of being shot themselves.

    The image of al-Wahidi lying motionless recalled the lifeless body of Shireen Abu Akleh, the Palestinian American journalist who was killed by the Israeli military in the occupied West Bank city of Jenin in May 2022 — another journalist in a press vest, shot while reporting.

    Related

    Shireen Abu Akleh’s Colleagues Are Still Waiting for Justice

    “Fadi, Fadi, Fadi is injured!” Imam Bader, a journalist on the scene that day, shouts in one video, his voice thick with anguish.

    “Fadi, do you hear me? Move if you can,” he calls out, crouching behind a white car near where al-Wahidi lay. “Oh God, oh God!”

    Islam Bader, a journalist with Al Araby TV, was across the street.

    “We felt like the gunfire was right over our heads,” he said. “The bullets didn’t stop. They were chasing us. But in that moment, you can’t look around, you can’t tell what’s happening. I crossed the street, and suddenly I heard the guys shouting, ‘Fadi, Fadi!’ I was trying to make sense of what was going on, and they said Fadi had fallen.”

    Six journalists, including al-Wahidi, said in interviews that they were directly targeted despite standing in broad daylight, wearing press vests, and reporting from a “yellow” zone. Arab Reporters for Investigative Journalism, The Intercept, and their partners geolocated the position of the journalists that day, confirming they were approximately 650 meters outside the evacuation zone. In several videos, the flak jackets are clearly marked “PRESS.”

    “We were shot at directly,” al-Wahidi said from his hospital bed in Gaza, before his evacuation from the Strip. “Even now in my ears, the bullets are bouncing off the door next to me, into the walls next to me.”

    “We were fully identifiable as journalists,” said Mohammed Shaheen, a journalist for Al Jazeera Mubasher, who was also there that day. “The gunfire was aimed directly at us.”

    A video taken by al-Wahidi himself — obtained by ARIJ, The Intercept, and their partners but never posted online — captured the last 16 seconds before he was hit. He’s running, filming in selfie mode, when the screen jolts and the video cuts off.

    Al-Wahidi and his colleagues weren’t the only journalists attacked in Jabalia that day. A kilometer way, about half an hour earlier, Mohammed al-Tanani, a cameraman for Al Aqsa TV, was killed in an airstrike. Tamer Lubbad, the channel’s correspondent, was injured in the same attack. They, too, were in the “yellow” zone designated by the Israeli military, according to Lubbad.

    “It’s clear to everyone that we are journalists,” Lubbard said, noting that they were wearing press gear. “We were targeted.”

    Only three days earlier in Jabalia, 19-year-old journalist Hassan Hamad became the youngest reporter killed by Israeli forces during the war in Gaza.

    Key Findings

    • Five journalists, including al-Wahidi, said they were directly fired at by a “quadcopter” drone, despite wearing press vests and reporting in the daylight from a safe zone.
    • Geolocation shows al-Wahidi and his colleagues were outside the “red” evacuation area, in the “yellow” zone designated by the Israeli military the day before the attack.
    • Based on forensic analysis, experts and doctors believe the bullet that struck al-Wahidi’s neck was a high-velocity round, likely fired from above.
    • Despite numerous witness accounts, the use of sniper drones in Gaza remains unverified through video or photos, though Israel possesses the technology.
    • The Israeli military has not responded to questions about al-Wahidi’s case but said it does not target journalists.

    Unprecedented Toll

    The Committee to Protect Journalists, or CPJ, has said the war in Gaza is the deadliest conflict for journalists the organization has ever documented. At least 165 Palestinian journalists have been killed since October 2023, according to the organization. Other groups, like the Palestinian Journalists Syndicate, put the number of Palestinian journalists killed in Gaza at above 200. The death toll of the 18-month war now exceeds the number of journalists of any nationality killed during World War II, which lasted six years.

    The precise number of journalists wounded since the start of the war remains unclear. CPJ puts the figure at 59, though the true number is likely higher due to challenges in documentation.

    Journalists in Gaza have long said they were being targeted by Israeli forces. Since October 2023, Reporters Without Borders has filed four complaints with the International Criminal Court accusing Israel of committing war crimes against journalists. The organization says it has “reasonable grounds to believe that some of these journalists were deliberately killed.”

    The Israeli military has repeatedly denied targeting journalists, including in a statement to the consortium for this story, but has also accused some of the journalists of having connections to militant groups, without providing substantiated evidence.

    Related

    Israel’s War on Gaza Is the Deadliest Conflict on Record for Journalists

    The Israeli military did not respond to specific questions about al-Wahidi’s case, but a spokesperson said military officials “outright reject the allegation of a systemic attack on journalists.” The spokesperson said they cannot address “operational directives and regulations as they are classified” but added that commanders adhere to law of armed conflict.

    Irene Khan, the United Nations special rapporteur on freedom of expression, has documented cases of journalists who said they were targeted.

    “There have been clearly cases,” she said, “where I have taken testimony from journalists who were injured, perhaps, or those who were around in that area where it’s very clear that they were targeted.”

    “The Sound of the Shots”

    “I was filming a report for my colleague Anas al-Sharif,” al-Wahidi recalled of the moments before the attack. “We were surprised by a drone [that] appeared and fired directly at us.”

    The six journalists interviewed all said they were fired on by Israeli drones — what Palestinians in Gaza commonly refer to as a “quadcopter,” referring to four rotors, but used as a catchall for drones that carry firearms.

    Shaheen, the Al Jazeera Mubasher journalist, said that when the quadcopter fires, “it’s precise, not random. The gunfire hit exactly where the journalists were standing.”

    The existence of sniper drone technology is well-documented, and Israel has been developing it since at least 2017. Yet, despite widespread accounts of attacks from people in Gaza and witnesses to their aftermath, no visual or photographic evidence of the weapon has emerged. (The Israeli military did not respond to the consortium’s questions about whether sniper drones were being used in Gaza.)

    James Patton Rogers, a drone expert at Cornell University, said the technology exists and will likely be deployed in the future but emphasized that without footage, he cannot confirm its use in Gaza

    The Palestinian journalists, for their part, don’t need to wait for confirmation.

    “We lived through it, we didn’t just see it,” said Shaheen.

    “No one dares to raise a camera, as you never know where it might strike next,” said Islam Bader, who is certain the journalists were fired on by a drone. “Without a shadow of a doubt, it came from a quadcopter.”

    The journalists said they have learned to distinguish between the constant hum of surveillance drones, which they have grown accustomed to, and the sharper, unique reports of firing “quadcopters.”

    “The sound of the drone’s fire is distinct,” said Imam Bader, “and the shots and the sound of the gunfire comes from above.”

    The Bullet’s Trajectory

    ARIJ, The Intercept, and their partners obtained and reviewed multiple medical reports detailing the devastating impact of the bullet that struck al-Wahidi.

    The two surgeons who operated on the journalist in Gaza — a vascular surgeon and a neurosurgeon — said a single bullet entered from the front-left side of his neck, just above his vest, and exited at a lower point in the back, near the upper vertebrae of his spinal cord, damaging them as it passed through.

    Jinan Khatib, a forensic expert accredited by the Lebanese Ministry of Justice, reviewed CT scans and photos of al-Wahidi’s wounds and told the consortium that one could “reasonably conclude that the bullet was fired from a higher level in relation to the victim.”

    Dr. Ghassan Abu Sitta, a professor of conflict medicine at the American University of Beirut, who was in Gaza during the early months of the war, also reviewed the images and reports.

    “The injury is consistent with a high-velocity gunshot wound,” he concluded. “The bullet was fired from above, because the entry point is higher in the neck than the area of damage in the spine, so it’s a downward trajectory of the bullet.”

    122 Days in Gaza

    Islam Bader was the first to reach al-Wahidi after he was shot. Journalists at the scene carried him to the car and rushed to the Baptist Hospital in Gaza. Al-Tanani and Lubbad, the other journalists killed and injured in Jabalaia that day, were brought to the same hospital.

    Al-Wahidi suffered severe injuries. The spinal injury left him unable to move his lower body. Two surgeries stabilized him, but Gaza’s health care system, which is damaged by repeated Israeli attacks on hospitals, lacked the resources for his treatment. Medical supplies were running low, and hospitals were overwhelmed. He needed to be evacuated.

    Israel refused, citing security concerns, but the calls for his evacuation grew. U.N. human rights officials issued a joint statement demanding his immediate transfer.

    “Israel has an obligation under international law to facilitate that right,” they wrote.

    The Israeli Ministry of Defense unit responsible for civilian life in the Occupied Territories denied the request, according to the statement. (The Ministry of Defense did not respond to requests for comment.)

    Al-Wahidi was only allowed to leave after a ceasefire was brokered. On February 8, 2025 — 122 days after he was shot — he traveled to Egypt.

    It’s unclear what about al-Wahidi’s status — or the purported security threat he posed — had changed.

    CAIRO, EGYPT - FEBRUARY 10: Al Jazeera cameraman Fadi Al-Wahidi receives treatment at a hospital in Cairo after being shot by Israeli forces while covering events in the northern Gaza Strip on February 10, 2025 in Cairo, Egypt. Al-Wahidi was shot at by Israeli forces while reporting from Jabalia refugee camp in October 2024 and went on a hunger strike to demand treatment. (Photo by Ahmad Hasaballah/Getty Images)
    Al Jazeera cameraman Fadi Al-Wahidi receives treatment at a hospital in Cairo, Egypt, on Feb. 10, 2025, months after being shot by Israeli forces while covering events in the northern Gaza Strip. Photo: Ahmad Hasaballah/Getty Images

    Killing Through the Ceasefire

    For weeks after the ceasefire between Israel and Hamas took effect in January, no journalists in Gaza were killed. On March 15, however, while the ceasefire was still in effect, at least seven people, including at least two journalists, were killed in two Israeli strikes in Beit Lahia.

    Israel took credit for the killings and accused the journalists, without evidence, of being members of Hamas and Palestinian Islamic Jihad. (The Israeli military declined a request for more information.)

    Related

    Israel Violated the Gaza Ceasefire From the Start. Why Won’t the Media Tell You That?

    Just two nights later, on March 18, Israel launched a wave of airstrikes across Gaza, killing more than 400 people in a single night and effectively ending the ceasefire. On March 24, two journalists were killed within hours: Palestine Today correspondent Mohammed Mansour and Al Jazeera Mubasher correspondent Hossam Shabat. As the war returned in full force, journalists once again fear for their lives.

    Al-Wahidi turned 25 last January. As a result of his injuries, he said, he feels like his hands have electric currents running through them; it keeps him up at night.

    “The painkillers don’t work,” he says, his voice frail.

    In photos from his hospital beds in Gaza, Cairo, and now Doha, however, al-Wahidi is almost always smiling — a smile that belies the way a single bullet permanently reshaped his life.

    “Since the injury, I can’t walk. I can’t do anything,” he said. “And that’s been my reality. I hope that I can walk again, so I can go back to planning the future I was dreaming of.”

    With additional reporting from Zarifa Abou Qoura of ARIJ; Anouk Aflalo Doré, Frédéric Métézeau, Mariana Abreu, Youssr Youssef, and Samer Shalabi of Forbidden Stories; Nicolás Pablo Grone, Yassin Musharbash, and Luisa Hommerich of Die Zeit; and Carlos Gonzales of Bellingcat.

    The post Gaza Journalist Fadi al-Wahidi Avoided Israel’s “Red” Zone. Israel Shot Him Anyway. appeared first on The Intercept.

    This post was originally published on The Intercept.

  • If Trump can disappear them, he can disappear you.

    —Robert Reich

    The war on due process is here.

    No trials. No hearings. No rights. Just indefinite detention and secret deportations.

    This is the fate that awaits every one of us, not just immigrants (legal or otherwise), if the government’s war on the Constitution remains unchecked.

    More than two decades after the U.S. government in its post-9/11 frenzy transported individuals, some of whom had not been charged let alone convicted of a crime, to CIA black sites (secret detention centers located outside the U.S. authorized to torture detainees) as a means of sidestepping legal protocols, the Trump Administration is using extraordinary rendition to make those on its so-called “enemies list” disappear.

    The first round of arrests and deportations to a mega-prison in El Salvador supposedly targeted members of the infamous Venezuelan gang Tren de Aragua.

    Carried out with little evidence and without court hearings or due process, these roundups reportedly may also have swept up individuals with no apparent connection to gang activity apart from common tattoos (firearms, trains, dice, roses, tigers and jaguars) and other circumstantial evidence.

    In a particularly Kafkaesque explanation for why some of the Venezuelan migrants who have no criminal records were targeted for arrest and deportation, government lawyers argued in court that their lack of a criminal record is in itself cause for concern.

    In other words, the government is prepared to preemptively arrest and make people disappear, without any regard for legal protocols or due process, based solely on the president’s claim that they could at some point in the future pose a threat to national security.

    This takes pre-crime and preemptive arrests to a whole new sinister level of potential abuses.

    Are you starting to sense how quickly this could go off the rails?

    This is how democracies collapse. This is how rights disappear overnight.

    As lawyers challenging the government’s overreach warned, “If the President can designate any group as enemy aliens under the Act, and that designation is unreviewable, then there is no limit on who can be sent to a Salvadoran prison, or any limit on how long they will remain there.”

    Also among those in danger of being made to disappear without any legal record or due process are individuals who have not been charged with or convicted of any crimes.

    The most egregious of these incidents involve college students, scientists and doctors, all of them legal permanent residents of the U.S. who, while never having been charged with a crime, are accused of threatening national security by taking part in anti-war protests over the growing death toll in Gaza as a result of the Israeli-Hamas war, or sympathizing with the Palestinians, or being associated with someone who might sympathize with the Palestinians.

    When merely exercising one’s right to criticize the government in word, deed or thought is equated to an act of domestic terrorism, we are all in trouble.

    The mass arrests and roundups thus far have been so haphazard that there is a very real likelihood that innocent individuals have also been swept up and deported.

    American citizens could very well be next in line for this kind of treatment.

    This is the danger of allowing any president to use expansive wartime powers to bypass the Constitution’s prohibitions against government overreach and abuse: suddenly, everything that challenges the government’s authority becomes a national security threat and every dispute a national emergency.

    Through his use of executive orders, proclamations and so-called national emergencies, President Trump has essentially declared war on the rule of law.

    Make no mistake: while immigrants, illegal and legal alike, have largely been the first victims of the Trump administration’s efforts to circumvent the Constitution in order to make them disappear, it’s our very freedoms that are being made to disappear.

    At the heart of these freedoms is the right of habeas corpus.

    Translated as “you should have the body,” habeas corpus requires the government to either charge a person or let him go free.

    While the Constitution allows the writ of habeas corpus to be suspended in cases of rebellion or invasion when public safety is imperiled, the Trump Administration’s efforts to keep the nation in a permanent state of emergency in order to justify its power grabs leaves “we the people” subject to the kinds of arbitrary mass round-ups, arrests and deportations that have been favored by despots and dictators.

    This is usually where the self-righteous defenders of Trump’s blatantly unconstitutional tactics insist that the protections of the Constitution only apply to U.S. citizens.

    They are wrong.

    At a minimum, as the U.S. Supreme Court has affirmed, the rights enshrined in the first ten amendments to the Constitution apply to all people in the United States, regardless of their citizenship or immigration status. Those rights include free speech, peaceful protest and criticism of the government, assembly, religious freedom, equal protection under the law, due process, legal representation, privacy, among others.

    Then again, what good are rights if the government doesn’t respect them?

    What good are rights if the president is empowered to nullify them whenever he wants?

    For that matter, what good is a government that betrays its own citizens?

    History has shown us that when governments operate without checks and balances, tyranny follows. The question is not whether mass arrests and indefinite detentions could be expanded to American citizens—it’s how long before they are.

    If we allow the erosion of due process, if we accept that a president can unilaterally decide who is a threat without oversight, then we have already lost the freedoms that define us as a nation.

    We must demand accountability. We must challenge policies that violate constitutional protections. We must support organizations fighting for civil liberties, educate ourselves on our rights, and refuse to be silenced by fear. Because when the government starts making people disappear, the only way to stop it is by making our voices impossible to ignore.

    As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, freedom does not die in a single act of repression—it dies when the people surrender their rights in exchange for false security.

    The Constitution can’t protect us if we don’t protect it.

    The post Making Our Rights Disappear: The Authoritarian War on Due Process first appeared on Dissident Voice.

    This post was originally published on Dissident Voice.

  • Yale University’s investments in weapons manufacturers violate Connecticut state law, organizers at the school allege in a complaint filed Wednesday with Connecticut Attorney General William Tong.

    The complaint asks the attorney general to investigate Yale’s refusal to heed campus protesters’ calls for divestment from military weapons manufacturers and suppliers amid Israel’s ongoing war on Gaza.

    “Financially prudent investments may be ineligible for investment if they are deeply incompatible with the University’s mission and purposes,” the complaint says, citing state law and the university’s own investment policies.

    “Financially prudent investments may be ineligible for investment if they are deeply incompatible with the University’s mission.”

    Universities around the country are facing lawsuits and federal complaints over their handling of protests against the war. This is the first complaint seeking a state investigation into a university over its refusal to divest from the military industry in relation to the war, according to the organizers. 

    The organizers allege that Yale trustees breached their fiduciary duties by maintaining investments that expose the university endowment to profit from military weapons manufacturers and suppliers aiding war crimes by Israel.

    While Yale Corporation, which manages the university endowment, does not disclose the vast majority of its $40.7 billion endowment, organizers say at least $4 billion of that is tied to manufacturers and suppliers of military weapons. The scant public filings with the Securities and Exchange Commission — 99.7 percent of Yale’s endowment is not publicly disclosed — show that the university has more than $110,000 invested in military weapons manufacturers and contractors with the Israeli military, Yale Daily News reported last year. 

    The investments include money in funds that hold shares of weapons companies like Raytheon, Boeing, and Lockheed Martin

    The complaint alleges that these investments violate both the fiduciary duties of institutional investors outlined in state law and the university’s own investment policies, which call for divestment from companies that “violate, or frustrate the enforcement of” domestic and international law. (Neither the Connecticut attorney general’s office nor Yale immediately responded to requests for comment.)

    Almost every state has a law requiring that institutions managing money for tax-exempt nonprofits have to consider the purpose of those charitable organizations in making its investment decision, meaning that the spirit of those choices must be in line with the Internal Revenue Service’s general understanding of charity as providing relief for those in need, or supporting public, educational, or religious work. 

    The law does not explicitly prohibit investments in any specific industry like defense or weapons manufacturing, said attorney Ellis Carter. 

    “The only exceptions would be if a donor-imposed restriction expressly limits certain investments with respect to a particular gift or the university has adopted an internal policy incorporating ethical, environmental, or social considerations into its investment strategy,” Carter said. 

    Yale’s investment guidelines are outlined in “The Ethical Investor,” a 1972 book written by a former Yale Law School professor which the university endowment advisory committee uses to guide its work. Yale University has previously interpreted its own investment guidelines to require divestment from companies assisting in genocide; violating domestic, international, and humanitarian law; or denying students and teachers a safe educational environment, organizers argued. In 2021, Yale Corporation divested from two major private prison companies, CoreCivic and GEO Group. 

    “Military weapons companies develop, manufacture, and sell products used in the commission of war crimes and violations of international law, including the destruction of Palestinian schools, universities, faculty, students, sites of cultural preservation, and whole communities,” the complaint says. “Since these companies are diametrically opposed to the University’s mission, due consideration of Yale’s charitable purposes by a prudent and reasonable fiduciary would bar these companies from investment.”

    Drive for Divestment

    Students launched protest encampments at Yale last year to call on the school to divest from weapons manufacturers supplying Israel. Last April, Yale’s Advisory Committee on Investor Responsibility, which supports ethical management of the university endowment and reports to university trustees, refused to recommend divestment. 

    Yale Police arrested close to 50 protesters as demonstrations escalated in response to news that the university would not divest.

    That same month, the advisory committee updated its policies to specify that a prohibition on investment in assault weapons retailers adopted in 2018 applied to assault weapon manufacturers that sell and mass advertise to the general public, but not to military weapons manufacturers. 

    University organizers again presented their proposals for divestment to Yale’s advisory committee on in November. Last month, in response to the presentation, the committee declined again to divest from military weapons manufacturers and suppliers in an email to a university organizer. (Yale’s Advisory Committee on Investor Responsibility did not immediately respond to a request for comment.)

    “If the complaint alleges that the university has violated its own investment policies or fiduciary duties, or violated a donor restriction, then the state may evaluate whether trustees or investment managers have acted inconsistently with UPMIFA’s prudence and loyalty standards,” said Ellis, the attorney. “However, absent a clear statutory restriction, investments in military contractors or similar industries are generally a matter of policy discretion rather than a legal violation.”

    Related

    Some Universities Chose Violence. Others Responded to Protests by Considering Student Demands.

    Taran Samarth, a graduate student organizer with the Yale Endowment Justice Collective, which put together Wednesday’s complaint, said the university’s endowment policies showed the Palestine exception in action. 

    “Instead of following state law, community voices, and their own investment policies, the trustees have let a Palestine exception to endowment management prevail at Yale,” Samarth said. “Abandoning their own divestment precedent and arresting students en masse isn’t just bad policy by the trustees. It’s bad-faith leadership.”

    “The Yale Corporation has breached its fiduciary duties of loyalty and due consideration of the charitable purposes of the institutional fund by providing capital to the military weapons industry,” the complaint says. “Continued investment in military weapons companies violates the Yale Corporation’s duty to consider an asset’s special relationship or special value, if any, to the charitable purposes of the institution.” 

    In recent years, there has been some success in getting universities to divest from fossil fuels through a similar strategyOrganizers at Cornell and Harvard filed complaints alleging that their schools’ investments in fossil fuels violated fiduciary duties. In 2019, Cornell issued a moratorium on fossil fuel investments, and in 2021, Harvard said it would end its investments in fossil fuels. That same year, Yale announced it would be “applying its ethical investment policy to the fossil fuel industry.”

    The post Yale Investments in Companies Selling Arms to Israel Violate State Law, Says an Official Complaint appeared first on The Intercept.

    This post was originally published on The Intercept.

  • Pacific Media Watch

    Global media freedom groups have condemned the Israeli occupation forces for assassinating two more Palestinian journalists covering the Gaza genocide, taking the media death toll in the besieged enclave to at least 208 since the war started.

    Journalist and contributor to the Qatari-based Al Jazeera Mubasher, Hossam Shabat, is the latest to have been killed.

    Witnesses said Hossam’s vehicle was hit in the eastern part of Beit Lahiya. Several pedestrians were also wounded, reports Al Jazeera.

    in a statement, Al Jazeera condemned the killings, saying Hossam had joined the network’s journalists and correspondents killed during the ongoing war on Gaza, including Samer Abudaqa, Hamza Al-Dahdouh, Ismail Al-Ghoul, and Ahmed Al-Louh.

    Al Jazeera affirmed its commitment to pursue all legal measures to “prosecute the perpetrators of these crimes against journalists”.

    The network also said it stood in “unwavering solidarity with all journalists in Gaza and reaffirms its commitment to achieving justice” by prosecuting the killers of more than 200 journalists in Gaza since October 2023.

    The network extended its condolences to Hossam’s family, and called on all human rights and media organisations to condemn the Israeli occupation’s systematic killing of journalists.

    Hossam was the second journalist killed in Gaza yesterday.

    House targeted
    Earlier, the Israeli military killed Mohammad Mansour, a correspondent for the Beirut-based Palestine Today television, in an attack targeting a house in Khan Younis, southern Gaza.

    A fellow journalist circulated a video clip of Mansour’s father bidding farewell to his son with heartbreaking words, putting a microphone in his son’s hand and urging the voice that once conveyed the truth to a deaf world.

    “Stand up and speak, tell the world, you are the one who tells the truth, for the image alone is not enough,” the father said through tears.

    Jodie Ginsberg, the chief executive of the New York-based Committee to Protect Journalists (CPJ), condemned the killings, describing them as war crimes.

    The CPJ called for an independent international investigation into whether they were deliberately targeted.

    “CPJ is appalled that we are once again seeing Palestinians weeping over the bodies of dead journalists in Gaza,” said CPJ’s programme director Carlos Martinez de la Serna in New York.

    The two latest journalists killed by Israeli occupation forces in Gaza . . . Al Jazeera’s Hossam Shabat (left) and Mohammad Mansour
    The two latest journalists killed by Israeli occupation forces in Gaza . . . Al Jazeera’s Hossam Shabat (left) and Mohammad Mansour of Palestine Today. Image: AJ screenshot APR

    ‘Nightmare has to end’
    “This nightmare in Gaza has to end. The international community must act fast to ensure that journalists are kept safe and hold Israel to account for the deaths of Hossam Shabat and Mohammed Mansour, whose killings may have been targeted.”

    Israel resumed airstrikes on Gaza on March 18, ending a ceasefire that began on January 19.

    The occupation forces continued bombarding Gaza for an eighth consecutive day, killing at least 23 people in predawn attacks including seven children.

    Al Jazeera reports that the world ignores calls "to stop this madness"
    Al Jazeera reports that the world ignores calls “to stop this madness” as Israel kills dozens in Gaza. Image: AJ screenshot APR

    A UN official, Olga Cherevko, said Israel’s unhindered attacks on Gaza were a “bloody stain on our collective consciousness”, noting “our calls for this madness to stop have gone unheeded” by the world.

    Gaza’s Health Ministry said 792 people had been killed and 1663 injured in the week since Israel resumed its war on the Strip.

    The total death toll since the war started on October 7, 2023, has risen to 50,144, while 113,704 people have been injured, it said.

    West Bank ‘news desert’
    Meanwhile, the Paris-based media watchdog Reporters Without Borders (RSF) said the repression of reporters in the West Bank and East Jerusalem had intensified in recent months despite the recent ceasefire in Gaza before it collapsed.

    In the eastern Palestinian territories, Israeli armed forces have shot at journalists, arrested them and restricted their movement.

    The Palestinian Authority (PA), which governs the West Bank and East Jerusalem, has detained Al Jazeera journalists.

    RSF warned of a growing crackdown, which was transforming the region into a “news desert”.

    One of the co-directors of the Palestinian Oscar-winning film No Other Land, Hamdan Ballal, has been detained by Israeli forces. It happened after he was attacked by a mob of Israeli settlers in the occupied West Bank.

    He was in an ambulance receiving treatment when the doors were opened and he was abducted by the Israeli military. Colleagues say he has “disappeared”.

    A number of American activists were also attacked, and video on social media showed them fleeing the settler violence.

    This post was originally published on Asia Pacific Report.

  • President Donald Trump’s administration wants to force people in the U.S. applying for green cards or citizenship to fork over their social media handles, in a move with far-reaching implications as the government cracks down on pro-Palestine activists.

    U.S. Citizenship and Immigration Services, or USCIS, which oversees naturalization and immigration, earlier this month proposed requesting social media names from people in the U.S. who apply for asylum, permanent residency, or naturalization, expanding a policy that used to only target people living abroad applying for visas.

    The proposal references Trump’s day-one executive order laying the groundwork for a new Muslim travel ban, which also asked federal agencies to identify immigrants in the U.S. who hold “hostile attitudes” toward the government.

    “This policy would disparately impact Muslim and Arab applicants seeking U.S. citizenship.”

    The shift would affect an estimated 3.5 million people per year — some of whom have lived in the U.S. for decades.

    In light of Columbia University protester Mahmoud Khalil’s ongoing detention, one official from a Muslim civil rights group said the new policy poses special danger for critics of Israel and the Trump administration.

    “This policy would disparately impact Muslim and Arab applicants seeking U.S. citizenship that have voiced support for Palestinian human rights,” said Robert McCaw, director of government affairs at the Council on American-Islamic Relations. “Collecting the social media identifiers of any potential green card applicants or citizens is the means to silencing their lawful speech.”

    Hoovering Handles

    Collecting social media information, according to the USCIS proposal first posted March 5, is necessary “for the enhanced identity verification, vetting and national security screening.”

    The proposal specifically cites Trump’s January 20 executive order, which advocates have warned goes well beyond the Muslim travel ban from Trump’s first term, which targeted people living abroad.

    The new executive order stated that “the United States must ensure that admitted aliens and aliens otherwise already present in the United States do not bear hostile attitudes toward its citizens, culture, government, institutions, or founding principles, and do not advocate for, aid, or support designated foreign terrorists and other threats to our national security.”

    USCIS said the social media handles it collects would be used to determine if people applying for a variety of immigration statuses pose a “security or public-safety threat.”

    Chilling Effects

    The policy proposal does not sketch out limits on how USCIS can use its newly acquired data, according to Saira Hussain, a senior staff attorney at the Electronic Frontier Foundation.

    Hussain said she was particularly concerned that the government might use artificial intelligence or other automated tools to punish speech it dislikes, pointing to a news report that the State Department is using AI to revoke the visas of people who allegedly express “pro-Hamas” sentiments.

    Hussain said she feared a chilling effect, where people applying for a change in status refrain from speaking about potentially controversial issues.

    Related

    Why Trump Is So Desperate to Keep Mahmoud Khalil in Louisiana

    “Anybody who is within the bounds of the United States has First Amendment rights,” she said. “The Constitution applies whether you are somebody who is a citizen or somebody who is a green card holder who is here in the United States. I think that this administration is trying to chip away at that notion, but that is very much what First Amendment jurisprudence has been under the courts.”

    CAIR’s McCaw said he worried that the policy could be used to continue tracking people’s activity on social media even after they become naturalized citizens.

    “There’s no clear sign on when this intrusion into our electronics and communications will end,” he said.

    The government is collecting comments on the proposed policy until May 5.

    The post Trump Wants Immigrants on U.S. Soil to Hand Over Social Media Accounts to Apply for Citizenship appeared first on The Intercept.

    This post was originally published on The Intercept.

  • Asia Pacific Report

    Green Party co-leader Chlöe Swarbrick called on New Zealand government MPs today to support her Member’s Bill to sanction Israel over its “crazy slaughter” of Palestinians in Gaza.

    Speaking at a large pro-Palestinian solidarity rally in the heart of New Zealand’s largest city Auckland, she said Aotearoa New Zealand could no longer “remain a bystander to the slaughter of innocent people in Gaza”.

    In the fifth day since Israel broke the two-month-old ceasefire and refused to begin negotiations on phase two of the truce — which was supposed to lead to a complete withdrawal of Israeli troops from the besieged enclave and an exchange of hostages — health officials reported that the death toll had risen above 630, mostly children and women.

    Five children were killed in a major overnight air attack on Gaza City and at least eight members of the family remained trapped under the rubble as Israeli attacks continued in the holy fasting month of Ramadan.

    Confirmed casualty figures in Gaza since October 7, 2023, now stand at 49,747 with 113,213 wounded, the Gaza Health Ministry said.

    For more than two weeks, Israel has sealed off border crossings and barred food, water and electricity and today it blew up the Turkish-Palestinian Friendship Hospital, the only medical institution in Gaza able to provide cancer treatment.

    “The research has said it from libraries, libraries and libraries. And what is it doing in Gaza?” said Swarbrick.

    ‘Ethnic cleansing . . . on livestream’
    “It is ethnic cleansing. It is apartheid. It is genocide. And we have that delivered to us by  livestream to each one of us every single day on our cellphones,” she said.

    “That is crazy. It is crazy to wake up every single day to that.”

    Swarbrick said Aotearoa New Zealand must act now to sanction Israel for its crimes — “just like we did with Russia for its illegal action in Ukraine.”

    She said that with the Green Party, Te Pāti Māori and Labour’s committed support, they now needed just six of the 68 government MPs to “pass my Unlawful Occupation of Palestine Sanctions Bill into law”.

    “There’s no more time for talk. If we stand for human rights and peace and justice, our Parliament must act,” she said.

    "Action for Gaza Now" banner heads a march protesting against Israel's resumed attacks
    “Action for Gaza Now” banner heads a march protesting against Israel’s resumed attacks on the besieged Strip in Auckland today. Image: APR

    In September, Aotearoa had joined 123 UN member states to support a resolution calling for sanctions against those responsible for Israel’s “unlawful presence in the Occupied Palestinian Territory, including in relation to settler violence”.

    “Our government has since done nothing to fulfil that commitment. Our Unlawful Occupation of Palestine Sanctions Bill starts that very basic process.

    “No party leader or whip can stop a Member of Parliament exercising their democratic right to vote how they know they need to on this Bill,” she said to resounding cheers.

    ‘No hiding behind party lines’
    “There is no more hiding behind party lines. All 123 Members of Parliament are each individually, personally responsible.”

    Several Palestinian women spoke of the terror with the new wave of Israeli bombings and of their families’ personal connections with the suffering in Gaza, saying it was vitally important to “hear our stories”. Some spoke of the New Zealand government’s “cowardice” for not speaking out in opposition like many other countries.

    About 1000 people took part in the protest in a part of Britomart’s Te Komititanga Square in a section now popularly known as “Palestine Corner”.

    Amid a sea of banners and Palestinian flags there were placards declaring “Stop the genocide”, “Jews for tangata whenua from Aotearoa to Palestine”, “Hands off West Bank End the occupation” , “The people united will never be defeated”, “Decolonise your mind, stand with Palestine,” “Genocide — made in USA”, and “Toitū Te Tiriti Free Palestine”.

    "Genocide - Made in USA" poster at today's Palestinian solidarity rally
    “Genocide – Made in USA” poster at today’s Palestinian solidarity rally. Image: APR

    The ceasefire-breaking Israeli attacks on Gaza have shocked the world and led to three UN General Assembly debates this week on the Middle East.

    France, Germany and Britain are among the latest countries to condemn Israel for breaching the ceasefire — describing it as a “dramatic step backwards”, and France has told the UN that it is opposed to any form of annexation by Israel of any Palestinian territory.

    Meanwhile, Sultan Barakat, a professor at Hamad Bin Khalifa University in Qatar, told Al Jazeera in an interview that the more atrocities Israel committed in Gaza, the more young Palestinian men and women would join Hamas.

    “So it’s not going to disappear any time soon,” he said.

    With Israel killing more than 630 people in five days and cutting off all aid to the Strip for weeks, there was no trust on the part of Hamas to restart the ceasefire, Professor Barakat said.

    "Jews for tangata whenua from Aotearoa to Palestine" . . . a decolonisation placard at a Palestine solidarity rally in Auckland
    “Jews for tangata whenua from Aotearoa to Palestine” . . . a decolonisation placard at today’s Palestine solidarity rally in Auckland. Image: APR


    This content originally appeared on Asia Pacific Report and was authored by APR editor.

    This post was originally published on Radio Free.

  • By Leah Lowonbu, Stefan Armbruster and Harlyne Joku of BenarNews

    The Pacific’s peak diplomatic bodies have signalled they are ready to engage with Papua New Guinea’s Autonomous Government of Bougainville as mediation begins on the delayed ratification of its successful 2019 independence referendum.

    PNG and Bougainville’s leaders met in the capital Port Moresby this week with a moderator to start negotiations on the implementation of the UN-supervised Bougainville Peace Agreement and referendum.

    Ahead of the talks, ABG’s President Ishmael Toroama moved to sideline a key sticking point over PNG parliamentary ratification of the vote, with the announcement last week that Bougainville would unilaterally declare independence on September 1, 2027.

    The region’s two leading intergovernmental organisations — Pacific Islands Forum (PIF) and Melanesian Spearhead Group (MSG) — have traditionally deferred to member state PNG on discussion of Bougainville independence as an internal matter.

    But as a declaration of nationhood becomes increasingly likely and near, there has been a subtle shift.

    “It’s their [PNG’s] prerogative but if this matter were raised formally, even by Bougainville themselves, we can start discussion on that,” PIF Secretary-General Baron Waqa told a press briefing at its headquarters in Fiji on Monday.

    “Whatever happens, I think the issue would have to be decided by our leaders later this year,” he said of the annual PIF meeting to be held in Solomon Islands in September.

    Marked peace deal
    The last time the Pacific’s leaders included discussion of Bougainville in their official communique was in 2004 to mark the disarmament of the island under the peace deal.

    Waqa said Bougainville had made no formal approach to PIF — a grouping of 18 Pacific states and territories — but it was closely monitoring developments on what could eventually lead to the creation of a new member state.

    20250316 Marape Toroama ABG .jpg
    PNG Prime Minister James Marape (second from left) and Bougainville President Ishmael Toroama (right) during mediation in the capital Port Moresby this week. Image: Autonomous Government of Bougainville/BenarNews

    In 2024, Toroama told BenarNews he would be seeking observer status at the subregional MSG — grouping PNG, Fiji, Solomon Islands, Vanuatu and New Caledonia’s FLNKS — as Bougainville’s first diplomatic foray.

    No application has been made yet but MSG acting Director-General Ilan Kiloe told BenarNews they were also keeping a close watch.

    “Our rules and regulations require that we engage through PNG and we will take our cue from them,” Kiloe said, adding while the MSG respects the sovereignty of its members, “if requested, we will provide assistance” to Bougainville.

    “The purpose and reason the MSG was established initially was to advance the collective interests of the Melanesian countries, in particular, to assist those yet to attain independence,” he said. “And to provide support towards their aim of becoming independent countries.”

    20250320 Bougainville map.jpg
    Map showing Papua New Guinea, its neighboring countries and the Autonomous Region of Bougainville. Map: BenarNews

    The 2001 peace agreement ended more than a decade of bloody conflict  known as the Bougainville crisis, that resulted in the deaths of up to 15,000 people, and laid out a roadmap for disarmament and the referendum in 2019.

    ‘We need support’
    Under the agreement, PNG retains responsibility for foreign affairs but allows for the ABG to engage externally for trade and with “regional organisations.”

    “We need countries to support us, we need to talk to those countries [ahead of independence],” Toroama told BenarNews last September.

    The referendum on independence was supported by 97.7 percent of Bougainvillians and the outcome was due to be ratified by PNG’s Parliament in 2020, but was deferred because of the covid-19 pandemic.

    Discussions by the two parties since on whether a simple or two-thirds majority vote by parliamentarians was required has further delayed the process.

    Toroama stood firm on the issue of ratification on the first day of discussions moderated by New Zealand’s Sir Jerry Mataparae, saying his people voted for independence and the talks were to define the “new relationship” between two independent states.

    Last week, the 15 members of the Bougainville Leaders Independence Consultation Forum issued a statement declaring PNG had no authority to veto the referendum result and recommended September 1, 2027 as the declaration date.

    20250311 BOUG_FORUM_STATEMENT_jpg.jpg
    Bougainville Leaders Consultation Forum declaration setting September 1, 2027, as the date for their independence declaration. Image: AGB/BenarNews

    “As far as I am concerned, the process of negotiating independence was concluded with the referendum,” Toroama said.

    Implementation moderation
    “My understanding is that this moderation is about reaching agreement on implementing the referendum result of independence.”

    He told Marape “to take ownership and endorse independence in this 11th Parliament.”

    PNG’s prime minister responded by praising the 25 years of peace “without a single bullet fired” but warned Bougainville was not ready for independence.

    “Economic independence must precede political independence,” Marape said. “The long-term sustainability of Bougainville must be factored into these discussions.”

    “About 95 percent of Bougainville’s budget is currently reliant on external support, including funding from the PNG government and international donors.”

    Proposals to reopen Rio Tinto’s former Panguna gold and copper mine in Bougainville, that sparked its civil conflict, is a regular feature of debate about its economic future.

    20250315 Post Courier front page bougainville EDIT.jpg
    Front page of the Post-Courier newspaper after the first day of mediation on Bougainville’s independence this week. Image: Post-Courier/BenarNews

    Marape also suggested people may be secretly harbouring weapons in breach of the peace agreement and called on the UN to clarify the outcome of the disarmament process it supervised.

    “Headlines have come out that guns remain in Bougainville. United Nations, how come guns remain in Bougainville?” Marape asked on Monday.

    “You need to tell me. This is something you know. I thought all guns were removed from Bougainville.”

    PNG relies on aid
    By comparison, PNG has heavily relied on foreign financial assistance since independence, currently receiving at about US$320 million (1.3 billion kina) a year in budgetary support from Australia, and suffers regular tribal violence and massacres involving firearms including assault rifles.

    Bougainville Vice-President Patrick Nisira rejected Marape’s concerns about weapons, the Post-Courier newspaper reported.

    “The usage of those guns, there is no evidence of that and if you look at the data on Bougainville where [there are] incidents of guns, it is actually very low,” he said.

    Further talks are planned and are due to produce a report for the national Parliament by mid-2025, ahead of elections in Bougainville and PNG’s 50th anniversary celebrations in September.

    Republished from BenarNews with permission.

    This post was originally published on Asia Pacific Report.

  • Pacific Media Watch

    Israel’s most revered jurist, former Supreme Court president Aharon Barak, says that he fears the Netanyahu government’s latest actions, including moves to fire the Shin Bet secret service chief and attorney-general, are steering the country toward civil war.

    Speaking to the Ynet news site shortly before Prime Minister Benjamin Netanyahu convened the cabinet that voted unanimously to fire Bar, Barak said that “the main problem in Israeli society is . . .  the severe rift between Israelis”.

    “This rift is getting worse and in the end, I fear, it will be like a train that goes off the tracks and plunges into a chasm, causing a civil war,” he said.

    In another interview, with Channel 12, when asked why he thought Israel was close to civil conflict, Barak said it was “because the rift in the people is immense, and no effort is being made to heal it.

    “Everyone is trying to make it worse.

    “Today there are demonstrations, then a car drives through them and runs over someone,” he said, referring to an incident at an anti-Netanyahu protest in Jerusalem on Wednesday when a driver rammed into a protester, injuring him.

    “But tomorrow there will be shootings, and the day after that there will be bloodshed,” Barak continued.

    Overturned sacking
    Barak also told Channel 12 he would have overturned a government decision to fire Shin Bet chief Ronen Bar if he were serving on the bench today.

    The former chief justice explained he believed the ousting of Bar from the role in the middle of his term was illegitimate because the position of Shin Bet chief was not a “role of confidence” with the political echelon.

    Instead, the person in the job was meant to carry out the role as it was explicitly written in legislation.

    “There is authority to dismiss, but no grounds for dismissal,” he elaborated, saying he would also strike down the firing of Attorney-General Gali Baharav-Miara, another top official whom the government is seeking to oust.

    When asked about the prime minister’s tweet on Wednesday night alleging the existence of a “leftist deep state” in Israel that was working to thwart Netanyahu’s government, Barak replied: “I don’t know what a deep state is.”

    “We’re not the United States, we don’t have a deep state here. We have loyal public servants here, and they do things according to the law,” he added.

    Barak also appealed directly to Netanyahu, urging him to halt the process of firing Bar and Baharav-Miara, and other policies the former justice considers destructive, and said he thinks Netanyahu should be offered and should take a plea deal in his criminal trial.


    ‘Israel feels like it is on the brink of civil war.’   Video: France 24

    ‘Right for his legacy’
    “I think that it is right for Netanyahu. It is right for his legacy. And it is right for the State of Israel. And I think it is possible,” he said.

    “Otherwise, the trial will continue. The rift between [those] for Bibi and against Bibi will continue,” he added, using Netanyahu’s nickname.

    Asked by the interviewer what he would say to Netanyahu if he could talk to him, Barak answered: “This is your policy, I am completely against it. I ask you, don’t implement it beyond what you have done today. Stop. Stop.”

    “Don’t take the rift beyond where it already is,” he concluded.

    Responding to Barak, Foreign Minister Gideon Sa’ar issued a terse statement on X, simply posting: “There will be no civil war.”

    Education Minister Yoav Kisch, a member of Netanyahu’s Likud party, said in a post on X that Barak was “threatening a civil war” with his warning, and promised that “these threats will not deter” the government from implementing its policies.

    MK Almog Cohen of the far-right Otzma Yehudit party said that Barak is “a reckless and irresponsible man,” who was “sent to issue a Sicilian mafia-style threat of blood in the streets and civil war.”

    Retired Israeli Supreme Court president Aharon Barak
    Retired Israeli Supreme Court president Aharon Barak . . . “We’re not the United States, we don’t have a deep state here.” Image: ICJ

    Well-respected internationally
    Barak served as a Supreme Court justice from 1978 to 1995. He was then elected as the court’s president. He retired from the bench in 2006.

    Despite Barak being a vocal critic of Netanyahu and his policies, the premier chose him to represent Israel as an ad-hoc judge at the International Court of Justice (ICJ) for the genocide case that was brought against Israel by South Africa amid the war in Gaza.

    Barak removed himself from the court last June for personal reasons.

    Barak, a Holocaust survivor, is well-respected internationally and is seen as Israel’s preeminent jurist.

    Within Israel, he long has been seen by Netanyahu and other right-wing leaders as a leftist “activist,” who is to blame for many of the issues with Israel’s judicial system that the government’s controversial judicial overhaul plans aim to rectify.

    This post was originally published on Asia Pacific Report.

  • On Friday, federal officials ordered prominent activist and Cornell University graduate student Momodou Taal to surrender to U.S. Immigration and Customs Enforcement custody, Taal’s attorneys confirmed to The Intercept. 

    Taal, a dual Gambian and British citizen in the U.S. on a student visa, is currently suing the Trump administration to block its targeting of international students protesting in support of Palestinian rights.

    Along with another Cornell graduate student and professor, Taal sued the Trump administration for violating their First Amendment rights, arguing that the targeted deportations of pro-Palestinian activists has a chilling effect on free speech. The suit challenged two of President Donald Trump’s executive orders used to crack down on people advocating for Palestine.

    “Nothing has changed except for the fact that we have filed this lawsuit.”

    Taal’s lawyers are now arguing that the Trump administration’s request for Taal to turn himself in to ICE is a retaliation for his lawsuit and for his pro-Palestinian beliefs.

    Eric Lee, an attorney representing Taal in the lawsuit called the government’s demand for Taal to turn himself in “extremely unusual” and “very concerning.”

    “These types of things do not happen in a democracy where people have the right to seek redress of grievances of the government,” Lee said.

    Chris Godshall-Bennett, the legal director of the American-Arab Anti-Discrimination Committee who is also part of Taal’s team on the lawsuit, called the move “outrageous.” 

    “There is no basis for his removal,” said Godshall-Bennett. “Nothing has changed except for the fact that we have filed this lawsuit — so it really is just an outrageous situation that should be treated as such.”

    Midnight Email

    In a midnight email sent to Taal’s attorneys, a lawyer with the Department of Justice relayed a request from ICE demanding Taal’s detention, inviting Taal “to surrender to ICE custody” at the agency’s Homeland Security Investigations office in Syracuse, New York, according to the attorneys and court filings, which include a copy of the email

    Attorneys representing Taal argue that the order only further strengthens their claims that the Trump administration is targeting activists for speaking out.

    The government’s demand constituted “an unlawful attempt” to use deportation “in retribution” for the lawsuit against the Trump administration, according to an emergency letter sent to the court on Friday by Taal’s lawyers. (Neither ICE nor the Department of Justice immediately responded to requests for comment.)

    Federal District Court Judge Elizabeth Coombe responded to the emergency letter by ordering the government to address by Saturday whether its attempts to detain Taal are based on the very Trump executive orders at the center of his lawsuit. 

    Taal’s lawyers also noted in their emergency letter that the Trump administration’s demands were unprecedented.

    They wrote, “The undersigned are not aware of any other instance in which the government has attempted to initiate service of an NTA” — a notice to appear — “through the Department of Justice in response to the noncitizen filing a lawsuit challenging the constitutionality of presidential action.”

    ICE’s Order

    Before receiving the order to turn himself over, Taal expressed concerns that he was being watched, claims his attorneys corroborated in their recent filings. According to eyewitness testimonies submitted in the court filings on Wednesday, a law enforcement vehicle — the driver flashed a badge to the witnesses — was parked outside of Taal’s home in Ithaca, New York, on Wednesday. They were not able to identify what agency the official was from.

    Taal’s attorneys filed a temporary restraining order the same day as the witness testimonies asking the courts to prevent the government from detaining or deporting their client before his scheduled March 25 hearing. Dozens of protesters gathered at Cornell on Thursday in support of Taal, chanting “Hands off Momodou.”

     

    Just after midnight on Thursday, government lawyers responded by sending an email to Taal’s attorneys requesting that he turn himself to ICE agents. 

    “U.S. Immigration and Customs Enforcement (ICE) has asked us to convey to you the following,” Ethan Kanter, an attorney with the Department of Justice wrote in an email with the subject line “Re: Momodou Taal et al v. Trump, 25-cv-335 (NDNY).” “ICE invites Mr. Taal and his counsel to appear in-person at the HSI Office in Syracuse at a mutually agreeable time for personal service of the NTA and for Mr. Taal to surrender to ICE custody. Accordingly, if you are interested in proposing such a date and time, we will promptly forward it to ICE for consideration.”

    Notices to appear are often the first step in the process of deporting people from the country. The government did not set a deadline for Taal and his attorneys to schedule the surrender.

    The government’s email did not mention on what grounds it wanted to detain Taal. A report from the right-wing website Washington Free Beacon claimed that the government had revoked Taal’s student visa, citing an unnamed State Department official. Taal’s attorneys, however, disputed the report and said they had not received a notice of revocation. (The State Department did not immediately respond to a request for comment.)

    Growing Crackdown

    The government’s mounting pressure against Taal comes several weeks after the Trump administration attempted to deport recent Columbia University graduate and Palestinian activist Mahmoud Khalil over his participation in anti-genocide protests last spring. 

    The arrest sparked widespread condemnation over Trump’s brazen attack on free speech rights and the movement for Palestinian liberation. 

    Related

    Why Trump Is So Desperate to Keep Mahmoud Khalil in Louisiana

    Attorneys continue to fight for Khalil’s release, in part, to be with his wife, Noor Abdalla, who is expected to give birth in April. Earlier this week, a judge allowed for Khalil’s case to be transferred to New Jersey, thwarting the government’s attempts to move the case to Louisiana, though Khalil remains detained in the state. 

    ICE has said it also arrested another former Columbia student, Leqaa Kordia, a Palestinian who took part in pro-Palestinian protests and had overstayed her student visa, as well as a Georgetown University graduate student, Badar Khan Suri, who was detained outside his Arlington, Virginia, home on Monday, and accused by the government of “spreading Hamas propaganda and promoting antisemitism on social media.”

    As in Khalil’s case, Taal had been punished by Cornell for a pro-Palestine protest. When Taal was suspended last year, the school said it planned to terminate his student visa, but reversed the decision after pushback from students and faculty.

    Since Trump again took office, both activists have been targeted by become the target of far-right pro-Israel groups, including one that sent their names to the administration for deportation.  

    “It’s time that we exercise our rights to access the court to stop what’s happening in this country,” said Lee, Taal’s attorney. “Trump is attempting to establish a dictatorship and if we can’t fight that in the courts, what can we do?”

    The post He Sued Trump Over Free Speech. Then ICE Demanded He Turn Himself In. appeared first on The Intercept.

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  • Every spring, summer, and fall, Jimmy Draeger would walk the length of his 11-acre property with a hand sprayer and a tub of Roundup. He’d mist around the flower beds, the patio, the fence line, diluting the concentrated herbicide with water as the label directed.

    Nestled deep in the woods of the Missouri Ozarks, Draeger was used to seeing an explosion of weeds and shrubs in the warm months at the home he’s shared with his wife, Brenda, for more than 30 years. He didn’t think much of using Roundup to keep them at bay.

    Then he was diagnosed with stage four non-Hodgkin lymphoma. According to a lawsuit filed by the Draegers in 2022, Jimmy had a chemotherapy port installed in his chest, developed neuropathy in his hands and feet, and lost control of his bowels, coordination, and sexual function. He became clinically depressed, vision-impaired, and unable to bathe without Brenda’s help.

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    Monsanto, the agrochemical company behind Roundup, was to blame for Jimmy’s lymphoma, the Draegers contended. In November 2023, a jury agreed. Bayer, which acquired Monsanto in 2018, was ordered to pay the Draegers and two other plaintiffs a combined $1.56 billion in damages. (A judge later cut the payout for punitive damages, reducing the total awards to $611 million.)

    The Draegers’ case is one of more than 160,000 Roundup lawsuits filed against Monsanto or Bayer since 2015, when the World Health Organization’s International Agency for Research on Cancer classified glyphosate, a key ingredient in Roundup, as “probably carcinogenic to humans.”

    Most of the lawsuits hinged on failure-to-warn claims: the allegation that Monsanto, and later Bayer, failed to adequately notify customers of glyphosate’s potential cancer risk. Bayer has paid roughly $11 billion to settle these claims while denying any wrongdoing.

    Now, the Environmental Protection Agency is considering a Bayer-backed rule that could significantly curtail the lawsuits.

    Enter the EPA

    Unlike the WHO, the EPA — which, headed by Trump appointee Lee Zeldin, has already announced massive regulatory rollbacks — does not consider glyphosate to be a likely human carcinogen.

    “EPA’s cancer classification is consistent with most other international expert panels and regulatory authorities,” EPA Associate Administrator for Public Affairs Molly Vaseliou said in a statement to The Intercept. “EPA does not agree with IARC’s conclusion that glyphosate is ‘probably carcinogenic to humans.’”

    Last August, 11 industry-friendly red states, led by Nebraska and Iowa, submitted a 436-page petition asking the agency to amend its labeling rules under the Federal Insecticide, Rodenticide, and Fungicide Act, or FIFRA. The proposed rule change would explicitly prohibit states from labeling pesticides and herbicides with warnings about cancer, birth defects, and reproductive harm if those notices contradict the EPA’s risk assessment.

    The states made clear that their ultimate goal is to thwart future lawsuits against pesticide manufacturers. Their petition argued that recent court rulings have created a “gap in FIFRA’s regulatory framework” that the proposed rule change would plug.

    “It’s telling of the lengths that pesticide manufacturers will go to make sure that nothing interferes with their profit margins.”

    In January, in a move initiated by the Biden administration, the EPA took a first step of accepting public comment on the rule-making petition, with a deadline of March 24 — though this step is exploratory and does not mean a new rule will be issued. Still, the EPA’s decision could have disastrous consequences if Donald Trump’s second administration is as friendly to the chemical industry as it was in his first.

    “It’s telling of the lengths that pesticide manufacturers will go to make sure that nothing interferes with their profit margins,” said Brett Hartl, government affairs director at the Center for Biological Diversity. “There’s a reality that the industry itself generates much of the data, and they say it’s safe, and then EPA approves that determination.”

    “If we’re not limited to the industry-created data set,” he said, “they see it as a larger threat to their ability to control the universe of science and data that go into the pesticide regulatory review process.”

    Warning Labels

    The EPA petition follows in the path of other efforts at both the state and federal level to shield Bayer from civil liability.

    Last year, state legislatures in Florida, Idaho, Iowa, and Missouri introduced bills that would make pesticide manufacturers immune to failure-to-warn lawsuits if their product labels match EPA assessments. And House Republicans introduced similar language in the discussion draft of the 2024 Farm Bill.

    Though all the bills failed, allies of the chemical industry are expected to redouble their efforts this year. Advocates expect at least 21 states to introduce pesticide immunity legislation in 2025. The Florida Senate already has.

    Bayer itself bankrolled the push, spending nearly $8.5 million to lobby the federal government in 2024, including to advocate for the “uniformity of pesticide labeling” under FIFRA.

    FIFRA already prohibits the sale of “misbranded” pesticides, which includes requiring state health warnings to conform with EPA-approved labels.

    “We are very pleased to see the EPA and several state Attorneys General take this step to reinforce that any state labeling requirements inconsistent with EPA’s own findings and conclusions regarding human health, such as a pesticide’s likelihood to cause cancer, constitute misbranding,” Bayer said in a statement to The Intercept. “It reinforces the urgent need for a solution to this issue created by the litigation industry.”

    The raft of litigation over Roundup, however, has not always ended badly for Bayer. Federal appeals courts disagree on whether the FIFRA misbranding statute trumps state laws that may require manufacturers to go farther in adequately warning consumers about their products.

    The 9th and 11th U.S. Circuit Court of Appeals have ruled in plaintiffs’ favor in recent years, finding that failure-to-warn claims against Bayer in state courts are consistent with FIFRA’s intent; the 3rd Circuit, meanwhile, found the opposite. The split could set the stage for a Supreme Court battle.

    The EPA rule change proposed in the states’ petition aims to remedy the circuit split by explicitly classifying labels as “misbranded” if they include health warnings that exceed the EPA’s risk assessment.

    The agency’s position on glyphosate has been mired in controversy for decades. In 1991, the EPA mysteriously changed its classification from “suggestive evidence” of glyphosate’s carcinogenic potential to “no evidence.”

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    Since then, documents released in Roundup litigation have shown Monsanto cozying up to EPA regulators, ghostwriting scientific papers on glyphosate’s safety, and actively working to discredit journalists and WHO.

    In 2015 — the same year the international body’s cancer bureau classified glyphosate as a probable human carcinogen — The Intercept reported that the EPA had overwhelmingly used Monsanto’s own research to conclude that glyphosate was not an endocrine disruptor.

    In 2016, an internal EPA analysis noted an association between glyphosate exposure and an increased risk of non-Hodgkin lymphoma in four epidemiological studies, The Intercept reported. The EPA analysis was never made public. Instead, the agency drew from industry-backed studies in 2016 to conclude that glyphosate was “not likely to be carcinogenic to humans.”

    “The industry itself generates and pays for much of this data, so that is very different of course than peer-reviewed, hypothesis-based, independent science,” said Hartl, of the Center for Biological Diversity. “That creates an inherent tension and conflict of interest.”

    “EPA’s long-standing practice is to seek input from a variety of stakeholders and use the best available science,” said Vaseliou, the EPA public affairs official. “EPA evaluates information from all kinds of sources — pesticide companies, other governments, academia, and the published scientific literature.”

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    In 2020, during the periodic pesticide review process mandated by FIFRA, the EPA issued an interim decision to reregister glyphosate with a risk assessment that did not identify “any human health risks of concern.” But in June 2022, in a separate case from the FIFRA ruling, the 9th U.S. Circuit Court of Appeals vacated the EPA’s assessment, noting the decision had been made without following the agency’s own cancer guidelines, and ordered the EPA to reevaluate its findings.

    The new analysis is still forthcoming.

    “In accordance with the court’s decision related to human health, EPA is currently updating its evaluation of the carcinogenic potential of glyphosate to better explain its findings and include the current relevant scientific information,” said Vaseliou. “EPA’s underlying scientific findings regarding glyphosate, including its finding that glyphosate is not likely to be carcinogenic to humans, remain the same.”

    Trump’s MAHA Promise

    How the EPA decides to proceed with the glyphosate petition will in many ways be a canary in the coal mine for this administration’s approach to chemical regulation.

    While Trump’s first term was marked by severe deference to industry, his recent rhetoric has promoted Secretary of Health and Human Services Robert F. Kennedy Jr.’s “Make America Healthy Again,” or MAHA, agenda.

    In a February executive order, the president pledged to eliminate “undue industry influence” and “establish a framework for transparency and ethics review in industry-funded projects” — the same reforms that advocates have long said would strengthen the EPA’s glyphosate review.

    Kennedy is a longtime critic of the pesticide industry; in an October YouTube video, he railed against the country’s agriculture policy for “tilting the playing field in favor of more chemicals, more herbicides, more insecticides” and promised to “ban the worst agricultural chemicals that are already prohibited in other countries.” As a lawyer with the Natural Resources Defense Council, a leading nonprofit environmental law group, he took Monsanto to task, helping secure a multimillion-dollar settlement in a Roundup cancer lawsuit in 2018.

    There are indications, of course, that the MAHA promise is a smokescreen.

    In 2017, Trump’s EPA rejected a proposed ban on chlorpyrifos, a pesticide linked to increased cancer risk. He appointed former American Chemistry Council executive Nancy Beck to oversee toxic chemical regulation. Beck is once again slated to take a senior EPA position; Lynn Dekleva, another ACC lobbyist who fought the EPA’s efforts to regulate formaldehyde, will now run the agency’s Office of Chemical Safety and Pollution Prevention.

    Vaseliou said, “Your questions regarding Dr. Beck and Dr. Dekleva are insulting and unfounded. This is yet another question based on false accusations that left propaganda also known as media take as gospel. President Trump made a fantastic choice in selecting Dr. Beck and Dr. Dekleva to work at EPA.”

    On March 12, Zeldin, Trump’s EPA chief, announced the agency would begin rolling back 31 environmental regulations — “the greatest day of deregulation our nation has seen,” he said — including rules aimed at preventing disasters at hazardous chemical facilities and restricting the industrial pollution of mercury.

    “It strikes me that there’s a very significant tension between what the president has promised relating to the overuse of pesticides in this country versus the other elements of his own administration that reflexively do what industry wants no matter what,” said Hartl. “He’s going to have to decide who he’s going to let down: whether it’s his own supporters that believe in his MAHA agenda or his industry benefactors.”

    The post Trump EPA’s Next Move: Making It Harder to Sue for Getting Cancer from Roundup appeared first on The Intercept.

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  • In late April 2024, a mob attacked a pro-Palestinian student encampment at the University of California, Los Angeles. Police and campus security stood by and watched the assault for nearly five hours before intervening. Pleas to university officials went nowhere. And the next day police returned, only to violently and unlawfully clear the encampment and arrest protesters. These are the allegations of a group of students and faculty who are suing the people they blame for the attack, law enforcement agencies, and university officials for violating their civil rights.

    The lawsuit, filed Thursday in Los Angeles Superior Court, comes as the federal government deploys all of its might to restrict speech on Palestine in the name of eradicating antisemitism on college campuses. The Trump administration has begun arresting and revoking the visas of students and scholars over their advocacy for Palestine. It has also launched a Department of Justice investigation into the University of California system for allowing “an Antisemitic hostile work environment to exist on its campuses.” And this week, the DOJ threw its support behind two Jewish students who are suing UCLA for alleged antisemitism, accusing the school of trying to avoid responsibility in the case, according to legal filings.

    The sprawling 96-page complaint, which identifies 20 alleged members of the mob by name, accuses university officials and police of violating their civil rights, carrying out unlawful arrests, firing less lethal munitions at protesters at close range without just cause, as well as negligence for failing to protect students and faculty from violence in late April. Plaintiffs said the mob incident followed a series of “physical attacks, threats of violence, and harassment” against Palestinian, Arab, and Muslim students on or near campus throughout the school year.

    “The events at UCLA highlight systemic anti-Palestinian bias and the administration’s failure to uphold its obligation to protect the rights of students and faculty to engage in peaceful protest and expression,” the complaint said. “This action seeks to hold UCLA accountable for its failure to address and prevent Islamophobic, anti-Palestinian and anti-Arab discrimination, its violation of civil rights of all pro-Palestinian protesters — a group comprised of a wide range of people including Jewish people — and to demand systemic changes to ensure the safety and equity of all members of the university community.”

    “It’s really important to know UCLA did nothing to stop them on that night.”

    The complaint alleges in stark terms the violence that the school allowed against protesters, said attorney Thomas Harvey, who is working on the suit.

    “There’s this notion, broadly speaking, in the media, that there’s some kind of violence from the pro-Palestinian protesters,” Harvey said. “In this case, it’s four-plus hours of unmitigated violence is coming from the counter-protesters, whose problem is pro-Palestinian or anti-genocide speech.”

    There were multiple police agencies present, but none stopped the attacks on protesters, Harvey added. Officers from the University of California Police Department, Los Angeles Police Department, California Highway Patrol, and private security were present, he said, but none intervened. “It’s really important to know UCLA did nothing to stop them on that night.”

    Amid a wave of university protests in solidarity with Palestine, UCLA students set up the encampment in front of Royce Hall in late April to amplify their demands for the school to stop investing in companies and institutions that fund or profit off of Israel’s genocide of Palestinians in Gaza. The encampment organizers also hosted talks and education sessions featuring professors and journalists.

    In the days leading up to the attack, Zionist counter-protesters began to disrupt the protest, attempting to break in and sabotage the encampment and setting up a jumbotron and speakers to play on loop the Israeli song “Meni Mamtera,” a children’s tune used by the Israeli military to torture Palestinian captives, the complaint said. When they arrived on the night of April 30, some of the counter-protesters carried fireworks and chemical agents, the plaintiffs allege. 

    In the lawsuit, the 32 plaintiffs — a group that includes students, faculty, journalists, legal observers, and community members who showed up in solidarity with the encampment — detail the specific moments in which they allege members of the mob punched, swung metal rods and wooden boards, aimed and shot fireworks, sprayed chemical agents, harassed and sexually assaulted plaintiffs, as campus law enforcement and security stood by. Others recalled the aggressive tactics used by police to dismantle the encampment. Plaintiffs recounted physical injuries, such as broken bones, nerve damage, and bruises. Some were diagnosed from post-traumatic stress disorder and their mental health continues to be affected by the incident, the complaint said.

    Among them was Thistle Boosinger, a Taiko drum instructor and lifelong resident of Los Angeles who had grown up visiting UCLA for its museums, sports games, community events, and is a patient of its hospital system. She joined the encampment in solidarity with the demands of students and had volunteered to help hand out masks and other supplies to protesters. During the attack, a member of the mob repeatedly hit Boosinger’s hand with a metal rod, shattering her bones and severing a nerve in her ring finger, the complaint said. 

    Her injuries required three unsuccessful surgeries, as she continues to experience reduced mobility and strength in her hand, Boosinger alleges. Due to her injuries, she can no longer teach music.

    “I have a right to protest safely and make my voice heard,” Boosinger told The Intercept, “And because of events that transpired with aggressors attacking the encampment — which up until that point was incredibly peaceful and beautiful and inspiring on the inside — because of damages that I sustained emotionally and physically, I felt that it was necessary to hold the aggressors accountable.”

    Graeme Blair, a political science professor at UCLA and plaintiff in the suit, said he hopes that during the litigation process attorneys will be able to find more information on who led, organized, and possibly funded the mob attacks on protesters and plan to amend the complaint as more alleged actors are identified.

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    Blair was among the faculty members who had volunteered to keep watch at the encampment after students put a call out to professors for help. He arrived on April 30, just as the mob started its violent attack, in which he was sprayed by chemical agents, according to the complaint. He and other faculty immediately sounded the alarm to school officials, including then-Chancellor Gene Block, who, according to Blair, said police were called and that he could do no more. As TV news stations broadcast the attacks, police stood by watching the violence unfold without intervening.

    “I was standing just a few feet from these people who were throwing metal barricades and punching and kicking and using their spray and tear gas, and had been shooting fireworks,” Blair recalled to The Intercept. “And it was just a surreal scene because the California Highway Patrol was standing, you know, 100 feet away in a formation and weren’t advancing.”

    When police returned on May 2 and began their sweep of the encampment, faculty had formed a human chain around the students. Blair was among the first of dozens to be arrested. In this roundup, officers fired less-lethal munitions at students and struck their legs, the complaint said.

    Police again responded to a UCLA encampment with violence on June 10. In one instance, officers shot a protester in the chest with a less-lethal munition, within 10 feet. The student sustained a heart and lung injury, causing him to cough up blood and to be hospitalized, the complaint said.

    In the wake of protests following the police killing of George Floyd in 2020, UCLA changed its guidelines to minimize police presence on campus and use deescalation tactics before calling outside law enforcement to campus. The school violated those new guidelines during protests against the war on Gaza, Harvey said, by calling multiple outside law enforcement agencies onto campus early in response to student encampments. “They went through all these protocols in response to the George Floyd uprising, and then they violated them because of pro-Palestinian speech,” Harvey said. 

    “Knowing I am a safer target and can provide help in that way, I want to be able to assist in the fight.”

    Also at the June 10 encampment was Benyamin Moryosef, a fourth-year student studying English at UCLA. A plaintiff in the case, Moryosef, who is Jewish and is the son of an Israeli immigrant, joined the encampment in solidarity with Palestinians. Officers arrested Moryosef by violently grabbing him without explanation, zip-tying him, and forcing him into a painful position that made it difficult for him to breathe, the complaint said. 

    Moryosef said he hoped the lawsuit would help protect the free speech rights of other protesters moving forward amid the federal government’s broader crackdown on free speech rights. He said he wanted to use his privilege of having been born in the U.S., since international students may be more at risk for speaking out.

    “Our rights to free speech feel very heavily under attack,” he told The Intercept. “Knowing I am a safer target and can provide help in that way, I want to be able to assist in the fight.”

    In response to threats from Trump against universities for pro-Palestine speech — including the revocation of $400 million in federal funding from Columbia University — UCLA announced an initiative last week meant to combat antisemitism. The program has been criticized by Palestinian, Arab, and Muslim students who say their calls for more safety on campus have been ignored. The new lawsuit follows three separate reports from a task force on anti-Palestinian, anti-Muslim, and anti-Arab racism set up by the school last year, which found long-standing harassment and punishment of students and faculty who have advocated for Palestine. The complaint draws heavily from these reports. Blair, one of the plaintiffs, said the university has yet to implement any of the recommendations from the reports. Instead, the school has only tightened protest restrictions throughout the school year, including a ban on face coverings, and last month, the school suspended pro-Palestinian student groups — Students for Justice in Palestine, and Graduate Students for Justice in Palestine at UCLA — after protesting outside the home of a UC regent’s Brentwood home. 

    Harvey said plaintiffs were concerned that the school is bowing to external pressure to crack down on free speech in support of Palestine. “We believe that UCLA knows that its students are not violent people, they’re not antisemitic,” Harvey said. “But we’re concerned, as always, that they’re bowing to outside political pressure. And we’re even more concerned now with the Trump administration.”

    Boosinger hoped that she and other plaintiffs would find some relief from compensation, but she also wanted the lawsuit to help shift focus back to the initial demands of the encampment. 

    “It’s devastating that such a simple message,” Boosinger said, “to end the genocide and to divest UC funds from companies and weapons manufacturers that have stakes in genocide was such a controversial issue.” 

    The post Victims of UCLA Mob Attack Sue to “Hold the Aggressors Accountable” appeared first on The Intercept.

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