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Dear Mexican: I know there’s beef between Mexicans and Trump right now because of the whole deportation thing, but can he really do any worse than Obama did when it comes to deportations?

Obama deported between 2 million and 3 million people—more than any other president. Is there something I’m missing here? Help me out.

Pocho in Plano

Dear Pocho: Why is it that it’s almost always male Tejanos who ask the above question? It’s not a bad one (save your flippant dismissal of “the whole deportation thing”—sounds like you’re the type of pocho whose last connection to the motherland was your grandmother’s tamale recipe that your sister fucks up every Christmas), but there’s a special level of false equivalency among Texan Chicanos regarding Trump that I just don’t see anywhere else.

Yes, Obama deported a chingo of our people, leading National Council on La Raza head Janet Murguia—not exactly the most radical activist out there, despite what the conservative media will have you believe—to label him the “Deporter in Chief.” But the Migration Policy Institute crunched the números to discover that, while the Obama administration’s total deportation figure was about 5.3 million people, it didn’t even come close to matching the figures under Dubya (10.3 million) and Clinton (12.3 million—as if you needed another reason to hate the Clintons, pinches PRIistas).

The 3 million figure frequently cited for Obama refers to the removal of immigrants from this country, and he did significantly beat 43 and Slick Willie in that category, but to treat BHO as somehow more of a Mexican-basher than any president in history is as context-free as saying some guy named Jose Alfredo Jiménez wrote songs.

Can Trump do any worse? When he has already promised a border wall, declared war on sanctuary cities, and brags about his love of “Hispanics” with a taco bowl, I’d say ahuevo. And, of course, #fucktrump.

Dear Mexican: I’m a security guard at an apartment complex. I get out and work hard. I write a lot of people up for rule infractions, much more than they are used to from previous guards—so much more so that many people think I must be targeting them. But the reality is, I write up anyone and everyone I see breaking a safety or courtesy rule. (People quietly drinking outside is not a problem to me; playing music too loud in a car is.)

According to office management, about 25 percent of the residents have accused me of targeting them. But the kicker is: All the complaints come from Mexican women. Not the blacks or whites of either gender, and not the Mexican men. What is the deal?

Parking Lot Policia

Dear Gabacho: NO ONE likes security guards at apartment complexes—y’all are the pendejos too dumb to become sheriff’s deputies or migra. Writing people up for playing music loud? Laughable.

That said, if it’s only Mexican women complaining, it’s because they’re the ones who have it harder than any other group if they’re living in an apartment complex. Let them blast their Romeo Santos—the last thing they need in their hardscrabble vidas is their choni-melter daydream getting them cited by some rent-a-cop.

Ask the Mexican at This email address is being protected from spambots. You need JavaScript enabled to view it.; be his fan on Facebook; follow him on Twitter @gustavoarellano; or follow him on Instagram @gustavo_arellano!

Published in Ask a Mexican

On this week's potentially filibustered weekly Independent comics page: This Modern World takes a peek inside Donald Trump's diary; Jen Sorenson replaces "government" with "democracy"; The K Chronicles celebrates a life landmark; and Red Meat offers comfort to the children.

Published in Comics

A young lawyer for the Environmental Protection Agency had a heavy feeling as he headed to work one recent morning.

Like many EPA staffers, he’s been distraught over the steady stream of negative news about the Trump administration’s plans for his agency, and what it all means for his future. That morning the White House had released its budget proposal, calling on Congress to cut 31 percent of the EPA’s budget, more than 50 programs and 3,200 of the agency’s 15,000 employees.

The lawyer’s subway stop, the Federal Triangle Metro Station, dumps people out under a grand archway between two entrances to the EPA’s ornate limestone DC headquarters. As he went up the escalator, he encountered a small group of people standing in the cold wind, passing out fliers and holding signs that read: “Fight climate change; work for California.”

A man with a bushy gray mustache exclaimed: “I’m recruiting for California jobs!” and introduced himself to the EPA lawyer as Michael Picker, the president of California’s Public Utilities Commission, which regulates electric companies and other utilities.

Picker explained that he has 250 job openings—and more on the way. California’s Air Resources Board and Energy Commission also have opportunities for federal employees frustrated with the direction in which the Trump administration is headed.

“All the jobs will have impacts on climate change in some ways,” he said.

Picker’s recruitment drive is more than a publicity stunt: His agency is short-staffed already, and he’s steadily losing employees to retirement. He needs reinforcements to meet an enormous challenge in front of him. He needs to ensure that electric utilities make the investments necessary to generate enough clean energy to meet California’s ambitious climate change goals. (California is committed to getting 50 percent of its power from renewable energy by 2030.)

The EPA lawyer said his encounter with Picker last week lifted his spirits giving him a sense of “relief” and “hope.” He’d already considered seeking a job in California, where the state government has a strong commitment to environmental protection.

“There’s a pull and a push, especially with the budget coming out,” added the lawyer, who like other EPA staffers, didn’t want his name used for fear it would put his job in jeopardy.

This was just the kind of encounter that Picker hoped for when he decided to turn an already-planned trip to Washington, D.C., into a mini recruiting mission. His goal was to try to lure talented federal employees to California state government by promising them a chance to work someplace still committed to fighting climate change. He also spent a morning passing out fliers at the Energy Department. But he was especially happy with how things went outside EPA’s headquarters.

One EPA staffer ran inside and returned with a resume. An EPA engineer asked for extra fliers for his colleagues. Picker passed out business cards, offering to help the D.C. refugees navigate the cumbersome hiring process at California state agencies. “Thank you for offering to rescue us!” one EPA staffer bellowed as he walked past.

Picker’s challenge is bigger than getting companies to generate cleaner electricity. He also has to ensure they make investments to transform the electric grid to meet the challenges of all the additional renewable power that’s coming online.

The grid was designed as a centralized system where electricity was generated by relatively few large power plants. The grid now needs to get a lot smarter to manage many thousands of new sources of power, from large-scale solar and wind farms to solar panels on top of people’s homes. Cleaner electricity isn’t enough: California also wants to shift its vehicles to clean electricity: “That’s why we need people—to help build the infrastructure California needs to get greenhouse gases out of our economy. These tasks aren’t going to solve themselves.”

Despite all the rhetoric from the White House and EPA Administrator Scott Pruitt about major plans to transform the agency and downplay climate change, there hasn’t yet been a big exodus. EPA employees are passionate about the mission of the agency, and so far, many staffers say they’re still doing their usual work.

“Because nothing drastic has changed yet at EPA, people don’t have immediate pressure to leave,” said another EPA staffer who spoke with Picker. “You saw people taking those fliers. So it’s not that people aren’t thinking about it.”

She said she thinks California is smart to try to lure away the EPA’s talented employees at a time when their current employer is making it clear their work isn’t valued. She will definitely consider moving to California for a job, she said.

Fundamental changes are on the way, given that Pruitt and President Donald Trump have vowed to undo the biggest efforts undertaken by the EPA during the Obama administration—regulations to slash greenhouse gas emissions from cars and power plants and protect wetlands and waterways. Trump took a big step today with an executive order undoing many Obama-era regulations. EPA staffers will now be charged with justifying the elimination of regulations that they or their colleagues spent years crafting.

None of the EPA staffers I spoke with were willing to have their names published.

“We’re all afraid now of retribution if we talk. It’s already started to happen,” said one staffer.

John O’Grady, president of a national council of EPA employee unions, said EPA employees are right to be cautious. “We all pretty much are aware we cannot speak out in the press; that would not be a very smart move on the part of an employee.”

As Picker was wrapping up for the morning, a bundled-up bike commuter rode up to ask about an application he’d already sent in. Picker promised to help and then took a photo with some volunteers who had showed up to help him pass out fliers. One was a corporate lawyer, another a former Energy Department official, and third a solar executive from Oregon who was in town for business.

“I’m disillusioned by Trump’s budget proposal,” said Tom Starrs, a vice president of SunPower Corporation. ”On the other hand, I’m inspired by California continuing to address climate change and by the support at every level of government in California. It’s a unified front on climate change. It’s wonderful to see.”

Correspondent Elizabeth Shogren writes for High Country News, where this story first appeared.

Published in Environment

On this week's under-FBI-investigation weekly Independent comics page: Red Meat enjoys some liquid nitrogen; Jen Sorenson examines Trump's budget; The K Chronicles shares an opinion about San Francisco; and This Modern World goes 'round and 'round with Trump news.

Published in Comics

It is snowing in Washington, D.C.—strange in early March after an insanely warm winter, but nothing compared to the cold many of the activists and tribal members gathered here endured in North Dakota while fighting against the construction of the Dakota Access Pipeline.

Kristen Tuske, a 39-year-old woman from the Standing Rock Sioux Reservation, stands with several other women in front of the White House, her back to it, fist raised in the air. She has pink hair, sculpted arches for eyebrows and tattoos on the side of her face. She lived at the camp where thousands of “water protectors” gathered to fight the pipeline for seven months.

“The last couple weeks at the camp were sad, and everyone was a little angry,” she said. “A lot of feelings are hurt. ... That was our home, and we got kicked out.”

The last protesters left the camp on Feb. 23.

The struggle started last summer when the Standing Rock Sioux and Cheyenne River Sioux tribes sued the Army Corps of Engineers to stop the construction of the oil pipeline, claiming it could contaminate their water supply and destroy significant archeological sites. That kicked off months of protests, often pitting camps of indigenous people—and the environmentalists and veterans that had come to fight with them—against an increasingly militarized police presence. President Obama twice ordered construction stopped, but, after taking office, Trump gave the go-ahead to the pipeline, insisting publicly that it must be constructed of American steel (a stance he quietly reversed this month).

The evacuation of the camp may be a defeat for Standing Rock, but, in the eyes of those gathered in front of the White House, it may also signal the beginning of something greater—the possibility of a real environmental movement in America.

“The reason I am here is to represent our future generations and be their voice, part of the resistance in decolonizing our minds,” said JoRee LaFrance, a member of the Crow tribe from Montana. “Protecting our waters should be our No. 1 priority, and that’s why we’re all here is to unite and protect tribal sovereignty and to protect indigenous people and their waters. People need to realize indigenous people are doing this for all people, not just indigenous people. We’re here to protect the water for all people.”

As I talk to people at the rally, I hear that sentiment again and again. It is not just about the water at Standing Rock. It is a symbolic battle, a turning point. Indigenous people are stepping forward to save the planet—and to save us from ourselves.

Little Thunder, an elder from South Dakota’s Rosebud Indian Reservation, is standing apart from the crowd in full ceremonial regalia: a feathered headdress, a circular feather shield, and some mirrored sunglasses. He came all the way to Washington to “let people know and let Trump know that this is not just a Standing Rock or a Washington, D.C., or a politics issue. This is for the whole Earth. We’re trying to save the water, because water is life.”

Little Thunder says he is a single father of six children, four of them living at Standing Rock. His voice is high and pinched; he’s almost singing as he speaks.

“Once he let (Standing Rock) go through, they think they can destroy the water, which is life every place else on this Earth, not just Standing Rock,” he says.

David Kenny, a member of the Seneca Nation, is standing with a sign that reads “Water Is Life.”

“It’s not just about Native Americans anymore. It’s about everyone,” he says. “Because if you keep poisoning the water, you’re going to start paying for it, and they’re going to shoot that price up. You’re going to be paying $20 for a bottle of it. It’s not just about the tribes anymore.”

He turns his attention toward the White House and the white man inside it. “Can you stop this pipeline, please?” he asks, his voice soft. “It’s not about business anymore. It’s not just us that’s going to fall—it’s you, too. Everybody is going to die if this continues. The Earth is dying.”

There is no indication that Trump or anyone else in the White House hears this, despite the fact that native nations have spent the last four days with teepees set up on the mall, raising awareness of indigenous and environmental issues. On March 9, the day before the gathering across from the White House, Environmental Protection Agency Administrator Scott Pruitt said he would not agree that climate change caused by human activity is “a primary contributor to the global warming that we see.”

But as the Native Nations Rise rally went down, thousands more people were calling the EPA to complain about Pruitt’s disavowal of accepted science.

On the very same day as the rally, the National Oceanic and Atmospheric Administration released a study reporting that carbon dioxide levels rose at a “record pace for second straight year.”

“The two-year, 6-ppm surge in the greenhouse gas between 2015 and 2017 is unprecedented in the observatory’s 59-year record,” the report read.

Trump’s budget proposal, released a week after the rally, slashed the EPA by more than 30 percent. NOAA is not included in the final proposal, but a leaked draft showed a 17 percent decrease in funding.

Back at the rally, the snow falls on the demonstrators, as well as the dancers and the speakers on the stage. Taboo from the Black Eyed Peas takes the stage. He is part Shoshone and organized the release of a song recorded by a collection of mostly native artists to bring attention to Native American issues.

It is a strange moment, watching the snow fall as this pop star in a floppy hat sings over a recording of his band’s song “I Gotta Feeling,” and people sway and dance and sing along, making it feel, for a moment, more like spring break than a deadly serious fight for the fate of the world.

Looking over at the White House, I have a feeling that tonight’s probably not gonna be a good night. But if we listen to the water protectors, we may still have some good nights left.

Democracy in Crisis is a joint project of alternative newspapers around the country, including the Coachella Valley Independent. Baynard Woods is editor at large at the Baltimore City Paper. His work has also appeared in The Guardian, The New York Times, the Washington Post, Vox, Salon, McSweeney’s, Virginia Quarterly Review and many other publications. Send tips to This email address is being protected from spambots. You need JavaScript enabled to view it.. Twitter @demoincrisis. Podcast every Thursday at www.democracyincrisis.com.

Published in Environment

On this week's spied-upon-via-microwave weekly Independent comics page: The K Chronicles engages in a bit of shameless self-promotion; This Modern World looks back at Donald Trump's campaign promises; Jen Sorenson compares Obamacare and Trumpcare; and Red Meat gets ready to embark on a new career.

Published in Comics

NEW YORK (Reuters)—Hate crimes in nine U.S. metropolitan areas rose more than 20 percent last year, fueled by inflamed passions during the presidential campaign and more willingness for victims to step forward, a leading hate crimes researcher said on Monday.

Bias crimes appeared to increase in some cities following the Nov. 8 election of President Donald Trump, a trend that has extended into this year with a wave of bomb threats and desecrations at synagogues and Jewish cemeteries, according to California researcher Brian Levin. 

The White House could not be reached immediately for comment on the research. 

Levin collected data as director of the nonpartisan Center for the Study of Hate and Extremism at California State University, San Bernardino, where he is a professor of criminal justice. The new numbers, collected from police departments, reverse a trend toward fewer hate crimes in many of the cities in recent years.

Among U.S. cities, New York reported the greatest number of hate crimes at 380, a 24 percent increase from 2015, while Washington, D.C., had the largest percentage rise at 62 percent, to 107 incidents.

Overall, there were 1,037 incidents, a 23.3 percent increase from the previous year in the nine areas researched: New York; Washington; Chicago; Philadelphia; Montgomery County, Md.; Columbus, Ohio; Seattle; Long Beach, Calif.; and Cincinnati.

Trump in recent weeks has more forcefully denounced the anti-Semitic and other racially motivated incidents, notably at the start of his address to Congress on Feb. 28. Trump has also expressed how he was personally affected, since his daughter Ivanka converted to Judaism and he has Jewish grandchildren.

After the most recent bomb threats last week, the Trump administration denounced them “in the strongest terms,” White House spokesman Sean Spicer said, promising to search for ways to stop them. 

While some Jewish leaders have suspected the bomb threats may be linked to a higher profile for white nationalists animated by the Trump’s campaign, Levin did not draw that direct link.

In New York City alone, there were 55 anti-Semitic crimes reported from Jan. 1 to March 5 of this year, up 189 percent from 19 such incidents in the same period of 2016, the data showed.

“We might very well be at the start of a trend where anti-Semitic incidents are going up each year. We were seeing an over-decade decline in anti-Semitic incidents,” Levin said.

Bias crimes against Muslims and LGBT people accounted for much of the growth in hate crimes that were reported.

Experts say many hate crimes go unreported and caution against drawing conclusions from such data, which have small sample sizes.

Trump has proposed building a wall on the southern border with Mexico to stop illegal immigrants, and a temporary ban on Muslims entering the country, a proposal he later scaled back.

By highlighting issues such as race, religion and national origin, the presidential election campaign could have influenced both the number of incidents and frequency of reporting them to police, Levin said.

“That, coupled with significant coverage, might have encouraged two things to happen: Individuals who vary in motivation, from hardcore bigots to those just seeking a thrill, seeking something to do, as well as victims who felt that they should report this because they’re not alone,” Levin said.

Even so, Levin said: “I don’t think we can just explain away the increase with increased reporting.”

(Reporting by Grant Smith and Daniel Trotta; Editing by Michael Perry)

 

Published in National/International

A thick fog is rolling in over Sunshine Week (March 12-18), the annual event when government transparency advocates raise awareness about the importance of access to public records.

We are entering an age when officials at the highest levels seek to discredit critical reporting with “alternative facts,” “fake news” slurs and selective access to press conferences—while making their own claims without providing much in the way to substantiate them.

But no matter how much the pundits claim we’re entering a “post-truth” era, it is crucial we defend the idea of proof. Proof is in the bureaucratic paper trails. Proof is in the accounting ledgers, the legal memos, the audits and the police reports. Proof is in the data. When it comes to government actions, that proof is often obtained by leveraging laws like the Freedom of Information Act (FOIA) and state-level public records laws—except when government officials seek to ignore the rules to suppress evidence.

While the attacks on transparency today may be worse than ever, they are nothing new. As award-winning investigative reporter Shane Bauer recently posted on Twitter: “I’ve been stonewalled by the government throughout my journalistic career. I’m seriously baffled by people acting like this is brand new.”

For the third year, the Electronic Frontier Foundation presents “The Foilies,” our anti-awards identifying the times when access to information has been stymied, or when government agencies have responded in the most absurd ways to records requests. Think of it as the Golden Raspberries, but for government transparency, where the bad actors are actually going off script to deny the public the right to understand what business is being conducted on their behalf.

To compile these awards, EFF solicited nominations from around the country and scoured through news stories and the #FOIAFriday Twitter threads to find the worst, the silliest and the most ridiculous responses to request for public information.

The Make America Opaque Again Award: President Donald Trump

A commitment to public transparency should start at the top.

But from the beginning of his campaign, President Trump has instead committed to opacity by refusing to release his tax returns, citing concerns about an ongoing IRS audit. Now that he’s in office, Trump’s critics, ethics experts and even some allies have called on him to release his tax returns and prove that he has eliminated potential conflicts of interest and sufficiently distanced himself from the businesses in his name that stand to make more money now that he’s in office. But the Trump administration has not changed its stance.

No matter where you stand on the political spectrum, the American public should be outraged that we now have the first sitting president since the 1970s to avoid such a baseline transparency tradition.

The Hypocrisy Award: Former Indiana Governor—and current Vice President—Mike Pence

Vice President Mike Pence cared a lot about transparency and accountability in 2016, especially when it came to email. A campaign appearance couldn’t go by without Pence or his running mate criticizing Democratic candidate Hillary Clinton for using a private email server during her tenure as Secretary of State. In fact, the Foilies honored Clinton last year for her homebrewed email approach.

But Pence seemed much less bothered by those transparency and accountability concerns when he used a private AOL email address to conduct official business as Indiana’s governor. The Indianapolis Star reported in February that Pence used the account to communicate “with top advisors on topics ranging from security gates at the governor’s residence to the state’s response to terror attacks across the globe.” That means that critical homeland security information was kept in an account likely less secure than government accounts (his account was reportedly hacked, too), and Pence’s communications were shielded from government records requirements.

The Frogmarch Award: Town of White Castle, La.

The only thing that could’ve made reporter Chris Nakamoto’s public records request in the small town of White Castle, La., a more absurd misadventure is if he’d brought Harold and Kumar along with him.

As chief investigator for WBRZ in Baton Rouge, Nakamoto filed records requests regarding the White Castle mayor’s salary. But when he turned up with a camera crew at city hall in March 2016 to demand missing documents, he was escorted out in handcuffs, locked in a holding cell for an hour, and charged with a misdemeanor for “remaining after being forbidden.” What’s worse is that Nakamoto was summoned to appear before the “Mayor’s Court,” a judicial proceeding conducted by the very same mayor Nakamoto was investigating. Nakamoto lawyered up, and the charges were dropped two months later.

“If anything, my arrest showed that if they’ll do that to me, and I have the medium to broadcast and let people know what’s happening to me, think about how they’re treating any citizen in that town,” Nakamoto says.

The Arts and Crafts Award: Public Health Agency of Canada

Journalists are used to receiving documents covered with cross-outs and huge black boxes. But in May 2016, Associated Press reporters encountered a unique form of redaction from Public Health Agency of Canada when seeking records related to the Ebola outbreak.

As journalist Raphael Satter wrote in a letter complaining to the agency: “It appears that PHAC staff botched their attempt to redact the documents, using bits of tape and loose pieces of paper to cover information which they tried to withhold. By the time it came into my hands, much of the tape had worn off, and the taped pieces had been torn.”

Even the wryest transparency advocates were amused when Satter wrote about the redaction art project on Twitter, but the incident did have more serious implications. At least three Sierra Leonean medical patients had their personal information exposed. Lifting up the tape also revealed how the agency redacted information that the reporters believed should’ve been public, such as email signatures.

The Office of the Privacy Commissioner of Canada said it would investigate, but Satter says he hasn’t heard anything back for 10 months.

The Whoa There, Cowboy Award: Milwaukee County Sheriff David Clarke

Milwaukee Sheriff David Clarke rose to prominence in 2016 as one of then-candidate Donald Trump’s top surrogates. He made inflammatory remarks about the Black Lives Matter movement, such as calling them a hate group and linking them to ISIS. But the press has also been a regular target of his.

Milwaukee Journal Sentinel Political Watchdog Columnist Daniel Bice filed a series of records requests with the sheriff’s office, demanding everything from calendars, to details about an NRA-funded trip to Israel, to records related to a series of jail deaths. So far, Clarke has been extremely slow to release this information, while being extremely quick to smear the reporter on the sheriff’s official Facebook page. Clarke frequently refers to the publication as the “Urinal Sentinel” and has diagnosed Bice with “Sheriff Clarke Derangement Syndrome.”

“I deal with open records requests with local governments and police departments. I do it at the city, county and state level,” Bice says. “He’s by far the worst for responding to public records.”

In May 2016, Clarke published a short essay on Facebook titled, “When Journalism Becomes an Obsession.” Clarke claimed that after he rejected Bice’s request for an interview, Bice retaliated with a series of public records requests, ignoring the fact that these requests are both routine and are often reporter’s only recourse when an official refuses to answer questions.

“This lazy man’s way of putting together newspaper columns uses tax-paid, government employees as pseudo-interns to help him gather information to write stories,” Clarke wrote.

Memo to Clarke: Requesting and reviewing public records is tedious and time-consuming, and certainly not the way to score an easy scoop. If anything, ranting on Facebook, then issuing one-sentence news releases about those Facebook posts, are the lazy man’s way of being accountable to your constituents.

The Longhand Award: Portland Commissioner Amanda Fritz

A local citizen in Portland, Ore., filed a records request to find out everyone that City Commissioner Amanda Fritz had blocked or muted from her Twitter account. This should’ve been easy. However, Fritz decided to go the long way, scribbling down each and every handle on a sheet of paper. She then rescanned that list in, and sent it back to the requester.

The records did show that Fritz had decided to hush accounts that were trying to affect public policy, such as @DoBetterPDX, which focuses on local efforts to help homeless people, and anonymous self-described urban activist @jegjehPDX.

Here’s a tip for officials who receive similar requests: All you need to do is go to your “Settings and Privacy” page, select the “Muted accounts” or “Blocked accounts” tab, and then click “export your list.”

The Wrong Address Award: U.S. Department of Justice

America Rising PAC, a conservative opposition research committee, has been filing FOIA requests on a number of issues, usually targeting Democrats. Following Supreme Court Justice Antonin Scalia’s passing, the PAC sent a FOIA to the attorney general seeking emails referencing the death.

But America Rising never received a response acknowledging that the DOJ received the request. That’s because the DOJ sent it to a random federal inmate serving time on child-pornography charges. The offender, however, was nice enough to forward the message to the PAC with a note railing against the “malicious incompetence” of the Obama administration.

The Redaction of Interest Award: General Services Administration

One of the threads that reporters have tried to unravel through the Trump campaign is how the prolific businessman would separate himself from his financial interests, especially regarding his 30-year contract with the federal government to build a Trump International Hotel at the location of the federally owned Old Post Office in Washington, D.C., a paper airplane’s flight from the White House.

BuzzFeed filed a FOIA request with the General Services Administration for a copy of the contract. What they received was a highly redacted document that raised more questions than it answered, including what role Trump’s family plays in the project.

“The American taxpayer would have no clue who was getting the lease to the building,” says reporter Aram Roston, who was investigating how Trump failed to uphold promises made when he put in a proposal for the project. “You wouldn’t know who owned this project.”

After pushing back, BuzzFeed was able to get certain sections unredacted, including evidence that Trump’s three children—Ivanka, Donald Jr. and Eric—all received a 7.425 percent stake through their LLCs, seemingly without injecting any money of their own.

The Fake News Award: Santa Maria Police Department

In 2015, the Santa Maria Police Department in California joined many other agencies in using the online service Nixle to distribute public information in lieu of press releases. The agency told citizens to sign up for “trustworthy information.”

Less than a year later, police broke that trust. The Santa Maria Police posted to its Nixle account a report that two individuals had been arrested and deported, which was promptly picked up the local press. Months later, court documents revealed that it had all been a lie to ostensibly help the individuals—who had been targeted for murder by a rival gang—escape the city.

Police were fiercely unapologetic. The agency has yet to remove the offending alert from Nixle or offer any kind of addendum, a direct violation of Nixle’s terms of service, which prohibits the transmission of “fraudulent, deceptive or misleading communications” through the service.

The Stupid Meter Award: Elster Solutions, Landis+Gyr, Ericsson

In May 2016, several smart meter companies sued transparency website MuckRock and one of its users, Phil Mocek, in a failed attempt to permanently remove documents from the website that they claimed contained trade secrets. Some of the companies initially obtained a court order requiring MuckRock to take down public records posted to the site that the city of Seattle had already released to the requester.

But in their rush to censor MuckRock and its user, the companies overlooked one small detail: the First Amendment. The Constitution plainly protected MuckRock’s ability to publish public records one of its users lawfully obtained from the city of Seattle, regardless of whether they contained trade secrets. A judge quickly agreed, ruling that the initial order was unconstitutional and allowing the documents to be reposted on MuckRock. The case and several others filed against MuckRock and its user later settled or were dismissed outright. The documents continue to be hosted on MuckRock for all to see.

The Least Productive Beta Testing Award: Federal Bureau of Investigation

The FBI spent most of 2016 doing what might be charitably described as beta testing a proprietary online FOIA portal that went live in March. But beta testing is probably a misnomer, because it implies that the site actually improved after its initial rollout.

The FBI’s year of “beta testing” included initially proposing a requirement that requesters submit a copy of their photo ID before submitting a request via the portal, and also imposed “operating hours” and limited the number of requests an individual could file per day.

Yet even after the FBI walked back from those proposals, the site appears designed to frustrate the public’s ability to make the premiere federal law enforcement agency more transparent. The portal limits the types of requests that can be filed digitally to people seeking information about themselves or others. Requesters cannot use the site to request information about FBI operations or activities, otherwise known as the bread and butter of FOIA requests. Oh, and the portal’s webform is capped at 3,000 characters, so brevity is very much appreciated!

Worse, now that the portal is online, the FBI has stopped accepting FOIA requests via email, meaning fax and snail mail are now supposed to be the primary (frustratingly slow) means of sending requests to the FBI. It almost seems like the FBI is affirmatively trying to make it hard to submit FOIA requests.

The Undermining Openness Award: U.S. Department of Justice

Documents released in 2016 in response to a FOIA lawsuit by the Freedom of the Press Foundation show that the U.S. Department of Justice secretly lobbied Congress in 2014 to kill a FOIA reform bill that had unanimously passed the U.S. House of Representatives 410-0.

But the secret axing of an overwhelmingly popular transparency bill wasn’t even the most odious aspect of DOJ’s behavior. In talking points disclosed via the lawsuit, DOJ strongly opposed codifying a “presumption of openness,” a provision that would assume by default that every government record should be disclosed to the public unless an agency could show that its release could result in foreseeable harm.

DOJ’s argument: “The proposed amendment is unacceptably damaging to the proper administration of FOIA and of the government as a whole,” which is bureaucratese for something like: “What unhinged transparency nut came up with this crazy presumption of openness idea, anyway?”

That would be Barack Obama, whose FOIA guidance on his first day in office back in 2009 was the blueprint for the presumption-of-openness language included in the bill. Perhaps DOJ thought it had to save Obama from himself?

DOJ’s fearmongering won out, and the bill died. Two years later, Congress eventually passed a much-weaker FOIA reform bill, but it did include the presumption of openness DOJ had previously fought against.

We’re still waiting for the “government as a whole” to collapse.

The Outrageous Fee Award: Missouri Department of Health and Senior Services

When public agencies get requests for digital data, officials can usually simply submit a query straight to the relevant database. But not in Missouri, apparently, where officials must use handcrafted, shade-grown database queries by public records artisans.

At least that’s the only explanation we can come up with for why the Missouri Department of Health and Senior Services estimated that it would take roughly 35,000 hours and $1.5 million to respond to an exceedingly simple request for state birth and death data.

Nonprofit Reclaim the Records, whose name eloquently sums up its mission, believed that a simple database query, combined with copy and paste, was all that was needed to fulfill its request. Missouri officials begged to differ, estimating that it would take them the equivalent of a person working around the clock for more than four years to compile the list by hand.

Although the fee estimate is not the highest the Foilies has ever seen—that honor goes to the Pentagon for its $660 million estimate in response to a MuckRock user’s FOIA request last year—Missouri’s estimate was outrageous. Stranger still, the agency later revised their estimated costs down to $5,000 without any real explanation. Reclaim the Records tried negotiating further with officials, but to no avail, as officials ultimately said they could not fulfill the request.

Reclaim the Records has since filed a lawsuit for the data.

The Dehumanization Award: Lafayette City Marshall

Public officials often dehumanize the news media to score cheap points … but can the same ploy work when fighting public records requests? That’s the issue in a very strange case between the IND, a Lafayette, La., media outlet, and a city marshal. After the marshal lost his bid to keep records secret in the trial court, he appealed on the grounds that IND had no right to bring the lawsuit in the first place.

The marshal, who faced fines, community service and house arrest for failing to turn over records, argues that Louisiana’s public records law requires that a living, breathing human make a request, not a corporate entity such as IND.

Make no mistake: There is no dispute that an actual human filed the request, which sought records relating to a bizarre news conference in which the marshal allegedly used his public office to make baseless allegations against a political opponent. Instead, the dispute centers on a legal formalism of whether IND can sue on its own behalf, rather than suing under the name of the reporter. The marshal’s seemingly ridiculous argument does have some basis in the text of the statute, which defines a requester as a person who is at least 18 years old.

That said, it’s an incredibly cynical argument, putting the letter well over the spirit of the law in what appears to be a well-documented effort by the marshal to violate the law and block public access. We hope the learned Louisiana appellate judges see through this blatant attempt to short-circuit the public records law.

The Lethal Redaction Award: States of Texas and Arizona

BuzzFeed reporters Chris McDaniel and Tasneem Nashrulla have been on a quest to find out where states like Texas and Arizona are obtaining drugs used for lethal injection, as some pharmaceutical suppliers have decided not to participate in the capital punishment machine. But these states are fighting to keep the names of their new suppliers secret, refusing to release anything identifying the companies in response to BuzzFeed’s FOIA requests.

At the crux of the investigation is whether the states attempted to obtain the drugs illegally from India. At least one shipment is currently being detained by the FDA. The reason for transparency is obvious if one looks only at one previously botched purchase the reporters uncovered: Texas had tried to source pentobarbital from an Indian company called Provizer Pharma, run by five 20-year-olds. Indian authorities raided their offices for allegedly selling psychotropic drugs and opioids before the order could be fulfilled.

The Poor Note-taker Award: Secretary of the Massachusetts Commonwealth

Updates to Massachusetts’ public records laws were set to take effect in January 2016, with Secretary of the Commonwealth William Galvin tasked with promulgating new regulations to clear up the vague language of the law. But Galvin didn’t exactly take his duty seriously. Instead, he crafted a regulation allowing his office to dodge requirements that public records appeals be handled in a timely fashion.

However, no regulation could take affect without public hearing. So he went through the motions and dispatched an underling to sit at a table and wait out the public comment—but didn’t keep any kind of record of what was said. A close-up captured by a Boston Institute for Nonprofit Journalism reporter showed a pen lying on a blank pad of paper. Asked by a reporter about the lack of notes, the underling said, “I was just here to conduct this hearing. That’s all I can say.”

The Foilies were compiled by EFF Investigative researcher Dave Maass, Frank Stanton legal fellow Aaron Mackey, and policy analyst Kate Tummarello. The Electronic Frontier Foundation is a San Francisco-based nonprofit that defends civil liberties at the crossroads of technology and the law. Read more about EFF and how to support our work at eff.org.

Published in Features

On this week's heavily wiretapped weekly Independent comics page: This Modern World brings us more adventures of the Unbelievable Baby-Man; Jen Sorenson shows how taking away health-care funding can improve poor people's health; The K Chronicles tells a tale about the wife; and Red Meat eavesdrops on Papa Moai's visit to the Tobacco Shack.

Published in Comics

“When you’re a star, they let you do it. You can do anything.”

This was Donald Trump talking to Billy Bush about assaulting women more than a decade ago, but it has proven to be the ultimate expression of Trumpism.

When Matt Lauer, a rich celebrity, asked Trump, another rich celebrity, about North Carolina’s discriminatory “bathroom bill,” it became a question of whether Trump “would be fine with (Caitlyn Jenner) using any bathroom she chooses” in Trump Tower.

Jenner, like Trump, is a reality TV star with complicated lines between business and family. Of course, she can pee wherever she wants. But trans people who aren’t stars and who have to go to the bathroom in less-glamorous places than Trump Tower are shit out of luck after the administration declared in late February it would not protect the rights of trans students.

Jenner spoke out against Trump’s reversal on trans issues, telling him to call her. But because she is also a star, her plea misses the point: Trump attacks the most vulnerable.

If Trump wanted to understand how it feels to be denied access to basic services, he could talk to Gavin Grimm, a trans high school student whose lawsuit against his Virginia school district—for forcing him to use a refashioned janitor’s closet instead of the men’s room—was scheduled to reach the Supreme Court later this month. However, on Monday, March 6, the case was sent back to a lower court because of the new guidelines set by Trump’s justice department.

Or when Trump spoke at the ultra-right Conservative Political Action Conference in late February, he could have talked to Jennifer Williams and Jordan Evans, two trans women who stood out in the hallway holding a “Don’t Tread on Me” flag and a sign that said, “Proud to be Conservative, Proud to Be Transgender, Proud to be American #sameteam.”

“We spent the last year fighting for transgender rights and being part of a presidential campaign, (and) we didn’t know what we were walking into,” Williams said of the anti-trans fervor once again spiking in the ruling party.

Williams has attended the conference since 2006, when she was working on a film called Fear of a Black Republican. She felt that the conference and the conservative movement was moving toward the libertarianism of Ron Paul and away from the “traditional values” of Mike Huckabee.

Until 2016, she attended the conference presenting as a man, rather than as Jennifer, her authentic self. She says she was received warmly when she reintroduced herself last year; her friends asked if she was still a conservative and when she said she was, they were cool.

But after a brief moment of high hopes, the mood shifted.

First, former Breitbart editor Milo Yiannopoulos got a keynote spot on CPAC’s program. Yiannopoulos regularly called trans people “mentally ill” and used a December speech in Milwaukee to mock a trans student.

Like Yiannopoulos, some other openly gay people at CPAC seemed eager to put down trans people in order to cement their own endangered status among the bigots. One conservative lesbian blogger sitting in the press section “explained” to a Breitbart editor how trans women were really just men who like to dress in women’s clothes and masturbate. “Autogynephiles,” she said, talking high and punching down.

“It’s going to be hard for the administration to go after lesbian, gay and bi people, because they have numbers; they have resources; they have money. We don’t necessarily have that,” Williams said. “You’re going after transgender people ... We’re only 0.6 percent of the population.”

Williams was briefly relieved when Yiannopoulos was disinvited from CPAC, but the night before the conference began, the regime rescinded the Obama-era directive offering federal protection for students to use the facilities that correspond with their gender identities rather than their birth certificates. So when Williams and her friend walked in with their signs and their flag, they didn’t know what to expect.

“I was really worried because people were hyped up. We didn’t expect it to be the issue du jour by 8 in the morning, walking into CPAC with 11,000 or 12,000 conservatives of all different stripes from all over the country.”

Although Williams’ access to public facilities is legally protected in Maryland, where the conference took place, she and her friend located single-occupancy restrooms where they knew they would be safe.

“Hopefully nothing bad will happen. I don’t expect it to. This is my tribe, just as LGBTQ is my tribe. People at CPAC don’t start fights,” she said. “But there’s always that one person you have to be careful about.”

She is especially worried for young trans kids. “When I grew up, we had no hope, and you knew that if you were going to be out and proud and live your life authentically, it was just going to be tough,” she said. “These kids have had a great run for several years, making life better and easier so they can live openly. But now if I’m them, everybody knows who I am. What’s going to happen to me now?”

The fear, she says “has to be overwhelming, because at least the federal government had your back. Now they don’t.”

At its best, the federal government protects the minority from the tyranny of the majority. But Trump’s populism says, in essence, “Fuck that shit.”

On the same day Trump press secretary Sean Spicer said that trans protections are “states’ rights issues,” he also said that recreational cannabis would become a federal issue. In this regime, there are no real principles—only power and the repression of anyone vulnerable enough to repress.

Williams has placed whatever hope she has left in the U.S. Supreme Court. “If we lose the Gavin Grimm case, it could be pretty dismal for a long time. I don’t want to say ‘until a Democrat gets elected,’ because I’m a Republican committee person,” she said. “Hopefully our party will be the ones to make freedom happen for everyone.”

That’s the thing about freedom: If it doesn’t happen for everyone, it doesn’t happen for anyone.

Column updated Monday, March 6. Democracy in Crisis is a joint project of alternative newspapers around the country, including the Coachella Valley Independent. Baynard Woods is editor at large at the Baltimore City Paper. His work has also appeared in The Guardian, The New York Times, the Washington PostVox, Salon, McSweeney's, Virginia Quarterly Review and many other publications.

Published in National/International