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After Oregon Rejects Coal Export Plan, Long Beach Votes to Export Coal and PetKoch

1:33 pm in Uncategorized by Steve Horn

Flag against a blue sky: Green Port Long Beach

The “Green” Port of Long Beach will now export millions of tons of pollutants per year.

Just a day after the Oregon Department of State Lands shot down a proposal to export 8.8 million tons per year of coal to Asia from the Port of Morrow in Boardman, Oregon, the Long Beach City Council achieved the opposite.

In a 9-0 vote, the Council voted “yay” to export both coal and petroleum coke (petcoke, a tar sands by-product) to the global market — namely Asia — out of Pier G to the tune of 1.7 million tons per year. Some have decried petcoke as “dirtier than the dirtiest fuel.“

More specifically, the Council determined that doing an environmental impact statement before shipping the coal and petcoke abroad was not even necessary.

decision originally made in June and then appealed by Earthjustice on behalf of the Sierra Club, Natural Resources Defense Council (NRDC) and Communities for a Better Environment, the Council shot down the appeal at an August 19 hearing.

“We are very disappointed about the decision, but that does not diminish the amazing victory in Oregon,” Earthjustice attorney Adrian Martinez said in a statement provided to DeSmogBlog via email. “The decision in Long Beach just highlights the grasp that the fossil fuel industry has on the City’s leaders.”

The Earthjustice legal challenge and the the subsequent August 19 hearing was not about banning coal or petcoke exports. Rather, Earthjustice and its clients requested that the City of Long Beach do an environmental impact statement for two companies given contracts to export the commodities for 15-20 years.

One of those companies, Oxbow Carbon, is owned by the “Other Koch Brother,” William “Bill” Koch. Like his brothers David and Charles Koch, he has made a fortune on the U.S. petcoke storage and export boom. Also like his brothers, he is a major donor to the Republican Party.

But the Long Beach City Council voted “nay” in unanimous fashion to do the environmental impact study. Earthjustice had argued it was required to do an environmental review under the legal dictates of the California Environmental Quality Act (CEQA).

“It’s disappointing that the City would turn a blind eye to even doing some basic analysis of the impacts of this decision to lock into 15 years of exporting dirty fuels abroad,” said Martinez.

“More than 100 residents showed up at the August 19 hearing to support pausing this deal and are deeply concerned about how climate change and pollution from exporting dirty fuels impacts them and future generations.”

Adding insult to injury, Sierra Club endorsed Vice Mayor and City Council member Suja Lowenthal in her Democratic Party primary race for State Assembly, which she recently lost.

The floodgates have been opened, then, to export massive amounts of coal and petcoke from the self-styled “Green Port.”

It comes at a time when numerous California refineries are retooling themselves to blend more tar sands diluted bitumen (“dilbit”), which gets to the Golden State mainly via rail.

Further, it happens at the same time critics say the Obama Administration is exporting climate change by exporting coal abroad — often to countries without any meaningful regulations — even as his administration regulates U.S.-based coal-fired power plants.

Union, Oxbow Representatives Oppose Enviro Review

While the majority of those who testified at the August 19 hearing before the Long Beach City Council voted spoke in favor of doing an environmental impact statement, several industry executives and union workers spoke out against it.

“First and foremost, you should know the facilities on Pier G are world-class operations that set the bar for environmental excellence in our industries. We are very proud of what we do here with the port,” Clayton Headley, Oxbow’s vice president of supply for the Pacific region stated at the hearing.

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Dairyland to Petrostate: Wisconsin Oil-By-Rail Routes Published for First Time

1:51 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog 

A BNSF train engine heading north

BNSF and other rail companies are carrying dangerous oil tankers through Wisconsin.

DeSmogBlog is publishing the first documents ever obtained from the Wisconsin government revealing routes for oil-by-rail trains in the state carrying oil obtained via hydraulic fracturing (“fracking”) in the Bakken Shale basin.

The information was initially submitted to the U.S. Department of Transportation (DOT) under the auspices of a May 7 Emergency Order, which both the federal government and the rail industry initially argued should only be released to those with a “need to know” and not the public at-large.

The Wisconsin documents show the three companies that send Bakken crude trains through the state — Burlington Northern Santa Fe (BNSF), Union Pacific and Canadian Pacific — all initially argued routes are “sensitive security information” only to be seen by those with a “need to know.”

As covered in a previous DeSmogBlog article revealing the routes of oil trains traveling through North Dakota for the first time, the rail industry used this same line of legal argument there and beyond.

Wisconsin Emergency Management did not buy the argument, though, and released the documents to DeSmogBlog through the state’s Public Records Act.

BNSF Hugs the Mississippi

As with North Dakota, BNSF is the chief mover of oil-by-rail in Wisconsin.

BNSF is owned by Warren Buffett, one of the richest men on the planet and a major campaign contributor to President Barack Obama and expected major donor for Hillary Clinton’s 2016 presidential bid.

According to the records it submitted to Wisconsin Emergency Management, BNSF moves the majority of its crude-by-rail trains along the state’s western corridor, which hugs the Mississippi River.

For the week of June 5 through June 11, records show BNSF sent 39 oil-by-rail trains through Buffalo County, La Crosse County, Pepin County, Pierce County and Trempealeau County. All of these counties border the Mississippi.

As covered here on DeSmogBlog in January, the BNSF-owned Bakken oil train that exploded in Casselton, North Dakota on December 30, 2013 was headed to a Mississippi River terminal in Missouri owned by Marquis Energy.

Canadian Pacific Hugs Lake Michigan

While BNSF dominates Wisconsin’s Mississippi River corridor, Canadian Pacific does the same — albeit to a much lesser extent — along another major body of water: Lake Michigan.

According to the data submitted by the company, Canadian Pacific ships three to five train-loads of Bakken oil per week through Milwaukee County, Racine County and Kenosha County. Canadian Pacific slices through the heart of the state in a west-to-east transit route to reach Milwaukee County.

Milwaukee, Racine and Kenosha all border Lake Michigan. And once it crosses into northeastern Illinois, the rail line sits in close proximity to Lake Michgan, particularly in Waukegan (a train line traversed many times by this writer, a Kenosha native).

Canadian Pacific owns a major rail transload facility — Great Lakes Reloading — located on the southeast side of Chicago. It sits close to both Lake Michigan and the Calumet River.

Great Lakes Reloading serves as a key thoroughfare for many of the company’s freight rail transportation routes, including for crude-by-rail.

Union Pacific: Didn’t Meet Threshold

Industry giant Union Pacific did not meet the oil-by-rail carriage threshold that requires companies to submit routes to State Emergency Response Commissions (SERCs), one of which is Wisconsin Emergency Management.

That threshold, as explained by Union Pacific in its letter to Wisconsin Emergency Management, is one million gallons of Bakken crude per week.

Union Pacific is perhaps best known to many in southeast Wisconsin and northeast Illinois for its Metra public transit line running from Kenosha to Chicago (and vice versa) and from Chicago to many Chicago-area suburbs (and vice versa).

From America’s Dairyland to Petrostate?

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Silent Coup: How Enbridge is Quietly Cloning the Keystone XL Tar Sands Pipeline

10:48 am in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog 

A Canadian flag dripping with oil

Despite activist opposition, “pipeline giant Enbridge has quietly cloned its own Keystone XL in the U.S and Canada.”

While the debate over the TransCanada Keystone XL tar sands pipeline has raged on for over half a decade, pipeline giant Enbridge has quietly cloned its own Keystone XL in the U.S and Canada.

It comes in the form of the combination of Enbridge’s Alberta Clipper (Line 67), Flanagan South and Seaway Twin pipelines.

The pipeline system does what Keystone XL and the Keystone Pipeline System at large is designed to do: ship hundreds of thousands of barrels per day of Alberta’s tar sands diluted bitumen (“dilbit”) to both Gulf Coast refineries in Port Arthur, Texas, and the global export market.

Alberta Clipper and Line 67 expansion

Alberta Clipper was approved by President Barack Obama and the U.S. State Department (legally required because it is a border-crossing pipeline like KeystoneXL) in August 2009 during congressional recess. Clipper runs from Alberta to Superior, Wis.

Initially slated to carry 450,000 barrels per day of dilbit to market, Enbridge now seeks an expansion permit from the State Department to carry up to 570,000 barrels per day, with a designed capacity of 800,000 barrels per day. It has dubbed the expansion Line 67.

As reported on previously by DeSmogBlog, Line 67 is the key connecter pipeline to Line 6A, which feeds into the BP Whiting refinery located near Chicago, Ill., in Whiting, Ind. BP Whiting — the largest in-land refinery in the U.S. — was recently retooled to refine larger amounts of tar sands under the Whiting Refinery Modernization Project. 

Line 67 also connects to Line 61 via a fork in the road of sorts in Wisconsin. From there, it heads to Flanagan, Ill., the namesake of the start of Enbridge’s Flanagan South pipeline.

Like Keystone XL, Enbridge’s Line 67 expansion project has faced unexpected delays in its State Department and Obama Administration review process.

Flanagan South also shares a key legal commonality with TransCanada’s Keystone pipeline system.

That is, like Phase II and Phase III of that system — best known to the general public as Keystone XL’s southern leg and to TransCanada as the Gulf Coast Pipeline Project — it was permitted by the U.S. Army Corps of Engineers using the controversial Nationwide Permit 12 (NWP 12) process.

As documented here on DeSmogBlog, the southern leg of Keystone XL and Flanagan South both played a central role in separate but related precedent-setting federal-level court cases.

In reviewing the legality of approval via NWP 12 through the lens of “harms,” the courts ruled in both cases that the harms of losing corporate profits for both Enbridge and TransCanada trump the potential harms of ecological damage the pipelines could cause in the future. Climate change went undiscussed in both rulings.

According to a May 2014 company newsletter, Enbridge is “on schedule to put [Flanagan South] in operation later this year.”

“After eight months of construction, we are now in the home stretch for the nearly 600-mile pipeline project,” touts the newsletter. “At the peak of construction, between October 2013 and January 2014, there were on average 3,650 construction workers over the entire route — about 1,600 of those workers from communities located along the pipeline route.”

Seaway Pipeline

In a June 16 article titled, “Blame Canada,” Reuters pointed to two new “pipes set to hit U.S. Gulf with heavy crude,” which — as it pertains to Canada — is industry vernacular for tar sands.

Flanagan South was one of the pipelines pointed to in the Reuters piece.

The other is Enbridge’s Seaway Twin pipeline, co-owned on a 50/50 joint venture basis with Enterprise Products Partners. Seaway Twin, like Keystone XL’s southern leg, runs from Cushing, Okla., to Port Arthur, Texas.

Enbridge scheduled Line 67 to go on-line in mid-2014 and reach full-capacity by mid-2015.

But, because of backlash against the proposal from environmentalists and citizens who live along the pipeline expansion’s route, the company does not expect to receive a State Department expansion permit until mid-2015.

Flanagan South Pipeline

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BP Doubles Initial Size Estimate of Lake Michigan Oil Spill

7:37 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

Three days after spilling crude oil into Lake Michigan, BP has doubled its spill estimate to between 470 and 1228 gallons. The leak happened at its refinery in Whiting, Ind.

Although some of the oil has been cleaned up, it’s unclear how much is left in the lake, a drinking water source for about seven million Chicagoans.

Located just across the Illinois-Indiana state border, Whiting is home to the sixth largest refinery in the U.S. The refinery just went through a $4 billion “modernization project,” giving it “the capability of processing up to about 85 percent heavy crude.” That’s up from its original 20 percent, says BP’s website.

“Frigid temperatures caused some of the oil to harden into a waxy consistency that made it easier to collect,” BP spokesman Scott Dean told The Chicago Tribune. “Crews used vacuum trucks to suck up any liquid oil that washed ashore.”

The day after the spill, U.S. Sen. Dick Durbin (D-IL) and U.S. Sen. Mark Kirk (R-IL), as well as U.S. Sen. Debbie Stabenow (D-MI) and U.S. Sen. Carl Levin (D-MI) issued press releases in which they pledged to hold BP accountable for the spill. Durbin and Kirk also wrote a follow-up letter to BP, requesting a meeting with BP.

“Any unanticipated spill is cause for concern, but given the Whiting refinery’s recent expansion of its operations to double the amount of heavy oil sands being processed, this spill raises questions about the long-term safety and reliability ofBP’s new, expanded production at Whiting,” they wrote.

Chicago Mayor (and President Obama’s former Chief-of-Staff) Rahm Emanuel had similar things to say.

“I expect a full accounting to the public,” said Emanuel. “I want a report on what happened, how it happened, why did it happen, how much happened and how do you prevent it from ever happening again.”

Though BP claims it’s “recovered the vast majority of oil that had been visible on the surface,” questions remain.

For one, what type of oil was spilled? The refinery processes tar sands bitumen, which sinks in freshwater, a point alluded to in Kirk and Durbin’s letter to BP.

Video Shows Cleanup Crew Offshore

According to a March 25 EPA press release, the “U.S. Coast Guard has flown over the area and has not observed any visible sheen.”

EPA has also deployed a “Shoreline Cleanup Assessment Team,” which consists of employees of the Coast Guard, EPA and BP. The team says it “saw minimal oiling of the shoreline and recommended a small manual removal crew conduct maintenance along the shoreline” and posted some pictures of its cleanup efforts online.

The EPA’s account has become the widely accepted one in local and national media. But a video placed on The Chicago Tribune’s website calls some of it into question.

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Stink Tanks: Historical Records Reveal State Policy Network Was Created by ALEC

9:24 am in Uncategorized by Steve Horn

Cross-Posted by DeSmogBlog 

The Madison Hotel, DC

A 1991 report tracked down by DeSmogBlog from the University of California-San Francisco’s Legacy Tobacco Documents reveals that the State Policy Network (SPN) was created by the American Legislative Exchange Council (ALEC), raising additional questions over both organizations’ Internal Revenue Service (IRS) non-profit tax status.

Titled “Special Report: Burgeoning Conservative Think Tanks” and published by the National Committee for Responsive Philanthropy, the report states that State Policy Network’s precursor — the Madison Group — was “launched by the American Legislative Exchange Council and housed in the Chicago-based Heartland Institute.”

Further, Constance “Connie” Campanella — former ALEC executive director and the first president of the Madison Group — left ALEC in 1988 to create a lobbying firm called Stateside Associates. Stateside uses ALEC meetings (and the meetings of other groups) as lobbying opportunities for its corporate clients.

“Stateside Associates is the largest state and local government affairs firm,” according to its website. “Since 1988, the Stateside team has worked across the 50 states and in many local governments on behalf of dozens of companies, trade associations and government and non-profit clients.”

Named Constance Heckman while heading ALEC, Campenella also formerly served on the Board of Directors of Washington Area State Relations Group, a state-level lobbyist networking group. 

“The Washington Area State Relations Group (WASRG) is one of the nation’s largest organizations dedicated exclusively to serving state government relations professionals,” explains its website. “Since the mid-1970s, WASRG has been providing its corporate, trade association and public sector members with a unique and valuable opportunity to interact with their peers, key state officials and public policy experts.”

Shadow Lobbying All Along

ALEC is currently under fire for potentially abusing its 501(c)(3) non-profit IRS charity tax status, acting as a shadow lobbying apparatus and “corporate bill mill” throughout its 40 years of existence.

In response to criticism, internal documents recently revealed by The Guardian show that ALEC created a 501(c)(4) group called the Jeffersonian Project, a move activists said was a tacit admission ALEC has illegally served as a lobbying apparatus from the beginning.

What Campanella understood and cashed in on by creating Stateside Associates was how the “shadow lobbying” process works. Her career move from serving as ALEC’s executive director to setting up Stateside is another indicator ALEC and related groups facilitate lobbying.

“Stink Tanks” Ideas Factory

While ALEC facilitates passage of “model bills” — what the Center for Media and Democracy (CMD) has coined a “corporate bill mill” — State Policy Network proliferates the ideas legitimizing the myriad models that become legislation in statehouses nationwide.

These ideas come in the form of what CMD and Progress Now call “Stink Tanks,” modeled to be “mini-Heritage Foundations” by one of its original funders, Thomas Roe. State Policy Network has 64 state affiliates.

Roe, who passed away in 2000, served as vice chairman and finance chairman of the Republican Party in South Carolina and as a member of the Republican National Finance Committee. The Heritage Foundation, where Roe served on the Board of Trustees, now houses the Thomas Roe Institute for Economic Policy Studies.

Though current State Policy Network president Tracie Sharp claimed SPN member groups don’t coordinate with one another in a November Politico article, Roe explicitly funded the organization to do just that.

“Starting in 1987, these organizations began meeting regularly as the Madison Group…to trade information and discuss strategies,” a history of SPN published in 2007 explains. “Roe believed that these get-togethers were so helpful that they should be formalized through a professional association that would host annual conferences, provide services, and improve communications among its members.”

To this day, State Policy Network hands out an annual Roe Award.

“The annual Roe Award pays tribute to those in the state public policy movement whose achievements have greatly advanced the free market philosophy. It recognizes leadership, innovation and accomplishment in public policy,” explains the SPN website. “The award is an eagle, a symbol of liberty and the courage and conviction necessary for its preservation.”

“Winning is the Operative Word”

In introducing the “Burgeoning Conservative Think Tanks” report in a July 1991 letter to Kurt Malmgren — then the Senior Vice President of State Activities for the Tobacco Institute — former ALEC Executive Director Sam Brunelli wrote “winning is what ALEC is all about.”

“Winning is the operative word. It is an experience you can appreciate because winning the public policy debate will continue to have a tremendous positive effect on the ‘bottom line’ of your company,” Brunelli wrote.

“At ALEC, we bring together, in an intellectually and challenging environment, state legislators and corporate and business executives, wherein we provide the mixture of determination, dedication, preparation, and teamwork — those elements so necessary to winning!”

Yet, it’s fair to say after a week of hard-hitting investigative journalism by The Guardian and many other outlets, both ALEC and the State Policy Network have doubled down on defense and are not “winning” for now. Read the rest of this entry →

Stink Tanks: State Policy Network Internal Budget Documents Revealed by The Guardian

10:00 pm in Uncategorized by Steve Horn

The Madison Hotel, DC

Cross-Posted from DeSmogBlog

It’s been a rough week for the American Legislative Exchange Council (ALEC). The “corporate bill mill” group’s annual States & Nation meeting was overshadowed by damaging evidence of misconduct revealed by The Guardian.

And it just got a whole lot rougher with yet another investigative installment in The Guardian series.

This time, instead of focusing on ALEC alone, Guardian reporters Suzanne Goldenberg and Ed Pilkington took a big swing at what Center for Media and Democracy and Progress Now have called the “stink tanks” network run by the right-wing State Policy Network (SPN). Leaked a copy of SPN’s tax and budget proposal published in July 2013, the documents offer a rare glimpse inside the SPN machine.

One of the biggest revelations in the energy and environment sphere: SPN Associate Member, the Beacon Hill Institute “requested $38,825…to weaken or roll back a five-year effort by states in the region to reduce greenhouse gas emissions,” explained The Guardian. ”The institute said it would carry out research into the economic impact of the cap-and-trade system operating in nine states known as the Regional Greenhouse Gas Initiative.”

“BHI appeared to have already arrived at its conclusions in advance, admitting from the outset that the aim of the research was to arm opponents of cap-and-trade with data for their arguments, and to weaken or destroy the initiative.”

Another huge related development came in a piece published concurrently by The Guardian. That piece pointed out that Beacon Hill Institute is in trouble with its host institution Suffolk University for pushing research explicitly funded by SPN to oppose the Regional Greenhouse Gas Initiative, with research results already determined before the inquiry began.

“The stated research goals, as written, were inconsistent with Suffolk University’s mission,” Greg Gatlin, the university’s vice-president for marketing and communications, wrote in an email to The Guardian.The Beacon Hill Institute’s grant proposal did not go through the university’s approval process. The university would not have authorized this grant proposal as written.”

Searle, Monsanto, “The Don”: Oh My

The Guardian‘s piece is based on funding proposals from SPN member organizations handed to the Searle Freedom Trust, “a private foundation that in 2011 donated almost $15m to largely rightwing causes,” the paper explains.

“The trust, founded in 1998, draws on the family fortune of the late Dan Searle of the GD Searle & Company empire – now part of Pfizer – which created NutraSweet,” wrote The Guardian. “The trust is a major donor to such mainstays of the American right and the Tea Parties as Americans for Prosperity, the American Legislative Exchange Council (Alec), the Heartland Institute and the State Policy Network itself.”

Prior to Pfizer buying it out, Searle was a wholly owned subsidiary of transnational agribusiness giant, Monsanto. Donald Rumsfeld, former Secretary of Defense under President George W. Bush, served as CEO of Searle & Company from 1977-1985. Rumsfeld left the firm after it was purchased by Monsanto, personally earning $12 million on the deal.

Donors Trust/Donors Capital, Chicago Ties

The Chicago-based Searle Freedom Trust also gives big money to Donors Trust/Donors Capital, donating $1,880,000 between 2009 and 2011 according to SourceWatch and millions more to ALEC, according to the Bridge Project. Donors is referred to by Mother Jones reporter Andy Kroll as the ”the dark-money ATM of the conservative movement.”

The Windy City ties that bind are key. Among them, the Chicago-based Heartland Institute and the ”anonymous donor” behind its anti-science climate denial campaign (mentioned in the “Heartland Institute Exposed” documents), Chicago billionaire Barre Seid.

The Guardian‘s piece notes that Chicago Mayor Rahm Emanuel — the former chief of staff to President Barack Obama who has been dubbed “Mayor 1%” by Chicago activists and in a recent book by Kari Lyderson — was selected by SPN member the Illinois Policy Institute as the ideal spokesman for slashing pensions of public sector workers in Illinois.

Today, Illinois Democratic Party Governor Pat Quinn signed legislation doing just that.

“Mini-Heritage Foundations”

Holding its first meeting at the Madison Hotel in Washington DC, and coining itself the Madison Group, the right-wing Powell Memo-inspired founders of the group envisioned the organization to consist of a nationwide network of “mini-Heritage Foundations,” according to The National Review.

Decades later, the vision has come to fruition, with the State Policy Network’s $83 million worth of “stink tanks” polluting the public square with the ideas necessary to push forward ALEC’s corporate agenda. Read the rest of this entry →

NATO 3: Chicago Judge Rules Illinois Terrorism Statute Constitutional

5:58 am in Uncategorized by Steve Horn

Cross-Posted from Antiwar.com Blog

Chicago, IL

Judge Thaddeus Wilson – holding down the house in Room 303 of the Cook County Courthouse in Chicago, IL – ruled the Illinois terrorism statute constitutional on its face.

Judge Thaddeus Wilson

This ruling was issued approximately two months after the attorneys defending the three clients known as the “NATO 3” issued a motion and memorandum arguing the law defied the dictates of the First Amendment because it is overly-broad as currently written, an argument rejected by Wilson.

Thus, it was confirmed that the three activists – Jared Chase from Keene, NH; Brent Betterly from Fort Lauderdale, FL; and Brian Church also from Fort Lauderdale – who were in the Windy City to protest the May 2012 NATO Summit will be charged by the State of Illinois with three counts of “conspiracy to commit terrorism,” “material support for terrorism,” and possession of an incendiary device (allegedly molotov cocktails) to “commit the offense of terrorism.”

“Mo” and “Gloves”

Mentioned only obliquely by Wilson in his ruling: two undercover police informants who played a role in pushing the terrorism plot forward, potentially manufacturing it wholesale and then slapping the label “terrorism” on it.

Known in Chicago activist circles in the run-up to the NATO Summit as “Mo” and “Nadia”/”Gloves,” Nadia is mentioned directly but not by name in Wilson’s ruling as someone “believed [to be a] co-conspirator” when Church asked her if she was “ready to see a cop on fire” in the days leading up to the Summit.

“Nadia” wore a hidden recording device while having a slew of meetings with the “NATO 3″ from May 1-May 16, 2012, the audio from which has been used as the evidence for the prosecution of the three.

“We think the terrorism charges should’ve never been brought in the first place,” Michael Deutsch of the People’s Law Office, an attorney co-representing Brian Church with Gelsomino, said in an interview. “It’s not a terrorism case, it never was and it never should’ve been – it’s politically-motivated use for improper purposes.”

The Scene From Within

The hearing unfolded roughly a week after a key oral argument between the two parties, lasting a mere 15 minutes in a small circular room featuring a painting of Martin Luther King, Jr. resting on the wall behind the left shoulder of Judge Wilson. Held in a room sealed off by sound-proof glass, the sound inside the courtroom was projected via a microphone and the speakers sitting on the other side of that glass.

Three uniformed police officers sat with the defendants in the front room and another four stood with the audience in the glassed-off back room featuring two columns of wooden church-like pews that ran three rows deep. Roughly 20 Chicago-area activists came out in support of the activists, many of them donning yellow shirts in solidarity with the “NATO 3,” two out of three who were also ushered out in yellow “protective-custody-level” IL Department of Corrections (DOC) prison garb.

“It’s what a lot of scholars and people who pay attention to national security call the ‘new normal.’ That is, because the terrorism statute is in play, you end up having police officers sitting in bullet proof vests in the court room,” attorney Thomas Durkin of Durkin & Roberts, representing Jared Chase, said in an interview. “Over time, you’ve got what legal scholars call ‘seepage,’ in which these ‘new normals’ start seeping into the court room incrementally.”

The hearing had an ominous feeling from jump street, with the State of Illinois bringing a nine-person cadre to Chicago, much bigger than the usual three-person team attending the hearings so far. Prior to the hearing’s commencement, People’s Law Office attorney Sarah Gelsomino, co-representing Brian Church, came to the attendants’ gallery and told supporters to remain calm because the ruling would likely not be favorable – a doomsaying hypothesis which merely 15 minutes later proved true.

Court Date Set for Two-Year Anniversary of Occupy Wall Street

Two other activists charged with similar crimes, Mark Neiweem and Sebastian Senakiewicz – part of the broader “NATO 5″ – also are still sitting in Cook County Jail with the “NATO 3″ awaiting their final destiny. The Jail was under federal investigation for its conditions in 2008.

A final trial date for the “NATO 3″ is still set for Sept. 16, 2013, the day before the two-year anniversary of the launch of the Occupy Wall Street movement.