ProPublica – Informed Comment https://www.juancole.com Thoughts on the Middle East, History and Religion Thu, 16 Jan 2025 03:41:24 +0000 en-US hourly 1 https://wordpress.org/?v=5.8.10 How the State Department Let Israel Get Away With Horrors in Gaza: A Year of Empty Threats and a “Smokescreen” Policy https://www.juancole.com/2025/01/department-horrors-smokescreen.html Thu, 16 Jan 2025 05:04:06 +0000 https://www.juancole.com/?p=222532

by Brett Murphy

( ProPublica ) – Empty Threats: Since Oct. 7, 2023, Biden has repeatedly issued threats that Israel ignored. U.S. officials tried to enforce consequences — but they couldn’t.

  • Internal Dissent: The State Department disregarded its own experts and cracked down on leaks. Some human rights officials said they were prevented from pursuing evidence of Israeli abuses.
  • Costs of Inaction: Experts say Biden’s failure to follow through led to impunity for widespread human rights abuses, including blocking aid deliveries, even after explicit U.S. warnings.
  • These highlights were written by the reporters and editors who worked on this story.

    In early November, a small group of senior U.S. human rights diplomats met with a top official in President Joe Biden’s State Department to make one final, emphatic plea: We must keep our word.

    Weeks before, Secretary of State Antony Blinken and the administration delivered their most explicit ultimatum yet to Israel, demanding the Israel Defense Forces allow hundreds more trucksloads of food and medicine into Gaza every day — or else. American law and Biden’s own policies prohibit arms sales to countries that restrict humanitarian aid. Israel had 30 days to comply.

    In the month that followed, the IDF was accused of roundly defying the U.S., its most important ally. The Israeli military tightened its grip, continued to restrict desperately needed aid trucks and displaced 100,000 Palestinians from North Gaza, humanitarian groups found, exacerbating what was already a dire crisis “to its worst point since the war began.”

    Several attendees at the November meeting — officials who help lead the State Department’s efforts to promote racial equity, religious freedom and other high-minded principles of democracy — said the United States’ international credibility had been severely damaged by Biden’s unstinting support of Israel. If there was ever a time to hold Israel accountable, one ambassador at the meeting told Tom Sullivan, the State Department’s counselor and a senior policy adviser to Blinken, it was now.

    But the decision had already been made. Sullivan said the deadline would likely pass without action and Biden would continue sending shipments of bombs uninterrupted, according to two people who were in the meeting.

    Those in the room deflated. “Don’t our law, policy and morals demand it?” an attendee told me later, reflecting on the decision to once again capitulate. “What is the rationale of this approach? There is no explanation they can articulate.”

    Soon after, when the 30-day deadline was up, Blinken made it official and said that Israelis had begun implementing most of the steps he had laid out in his letter — all thanks to the pressure the U.S. had applied.

    That choice was immediately called into question. On Nov. 14, a U.N. committee said that Israel’s methods in Gaza, including its use of starvation as a weapon, was “consistent with genocide.” Amnesty International went further and concluded a genocide was underway. The International Criminal Court also issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defense minister for the war crime of deliberately starving civilians, among other allegations. (The U.S. and Israeli governments have rejected the genocide determination as well as the warrants.)

    The October red line was the last one Biden laid down, but it wasn’t the first. His administration issued multiple threats, warnings and admonishments to Israel about its conduct after Oct. 7, 2023, when the Palestinian militant group Hamas attacked Israel, killed some 1,200 people and took more than 250 hostages.

    Government officials worry Biden’s record of empty threats have given the Israelis a sense of impunity.

    Trump, who has made a raft of pro-Israel nominations, made it clear he wanted the war in Gaza to end before he took office and threatened that “all hell will break out” if Hamas did not release its hostages by then.

    On Wednesday, after months of negotiations, Israel and Hamas reached a ceasefire deal. While it will become clear over the next days and months exactly what the contours of the agreement are, why it happened now and who deserves the most credit, it’s plausible that Trump’s imminent ascension to the White House was its own form of a red line. Early reports suggest the deal looks similar to what has been on the table for months, raising the possibility that if the Biden administration had followed through on its tough words, a deal could have been reached earlier, saving lives.

    “Netanyahu’s conclusion was that Biden doesn’t have enough oomph to make him pay a price, so he was willing to ignore him,” said Ghaith al-Omari, a senior fellow at The Washington Institute who’s focused on U.S.-Israel relations and a former official with the Palestinian Authority who helped advise on prior peace talks. “Part of it is that Netanyahu learned there is no cost to saying ‘no’ to the current president.”

    So-called red lines have long been a prominent foreign policy tool for the world’s most powerful nations. They are communicated publicly in pronouncements by senior officials and privately by emissaries. They amount to rules of the road for friends and adversaries — you can go this far but no further.

    The failure to enforce those lines in recent years has had consequences, current and former U.S. officials said. One frequently cited example arose in 2012 when President Barack Obama told the Syrian government that using chemical weapons against its own people would change his calculus about directly intervening. When Syria’s then-President Bashar al-Assad launched rockets with chemical gas and killed hundreds of civilians anyway, Obama backpedaled and ultimately chose not to invade, a move critics say allowed the civil war to spiral further while extremist groups took advantage by recruiting locals.

    Authorities in and outside government said the acquiescence to Israel as it prosecuted a brutal war will likely be regarded as one the most consequential foreign policy decisions of the Biden presidency. They say it undermines America’s ability to influence events in the Middle East while “destroying the entire edifice of international law that was put into place after WWII,” as Omer Bartov, a renowned Israeli-American scholar of genocide, put it. Jeffrey Feltman, the former assistant secretary of the State Department’s Middle East bureau, told me he fears much of the Muslim world now sees the U.S. as “ineffective at best or complicit at worst in the large-scale civilian destruction and death.”

    Biden’s warnings over the past year have also been explicit. Last spring, the president vowed to stop supplying offensive bombs to Israel if it launched a major invasion into the southern city of Rafah. He also told Netanyahu the U.S. was going to rethink support for the war unless he took new steps to protect civilians and aid workers after the IDF blew up a World Central Kitchen caravan. And Blinken signaled that he would blacklist a notorious IDF unit for the death of a Palestinian-American in the West Bank if the soldiers involved were not brought to justice.

    Time and again, Israel crossed the Biden administration’s red lines without changing course in a meaningful way, according to interviews with government officials and outside experts. Each time, the U.S. yielded and continued to send Israel’s military deadly weapons of war, approving more than $17.9 billion in military assistance since late 2023, by some estimates. The State Department recently told Congress about another $8 billion proposed deal to sell Israel munitions and artillery shells.

    “It’s hard to avoid the conclusion that the red lines have all just been a smokescreen,” said Stephen Walt, a professor of international affairs at Harvard Kennedy School and a preeminent authority on U.S. policy in the region. “The Biden administration decided to be all in and merely pretended that it was trying to do something about it.”

    In a recent interview with The New York Times, Blinken disagreed and said Netanyahu has listened to him by softening Israel’s most aggressive tactics, including in Rafah. He also argued there was a cost to even questioning the IDF openly. “Whenever there has been public daylight between the United States and Israel and the perception that pressure was growing on Israel,” Blinken said, “Hamas has pulled back from agreeing to a ceasefire and the release of hostages.”

    He acknowledged that not enough humanitarian assistance has been reaching civilians and said the Israelis initially resisted the idea of allowing any food and medicine into Gaza — which would be a war crime — but Netanyahu relented in response to U.S. pressure behind the scenes. Blinken backtracked later in the interview and suggested that the blocking of aid was not Israeli policy. “There’s a very different question about what was the intent,” he told the Times.

    For this story, ProPublica spoke with scores of current and former officials throughout the year and read through government memos, cables and emails, many of which have not been reported previously. The records and interviews shed light on why Biden and his top advisers refused to adjust his policy even as new evidence of Israeli abuses emerged.

    Throughout the contentious year inside the State Department, senior leaders repeatedly disregarded their own experts. They cracked down on leaks by threatening criminal investigations and classifying material that was critical of Israel. Some of the agency’s top Middle East diplomats complained in private that they were sidelined by Biden’s National Security Council. The council also distributed a list of banned phrases, including any version of “State of Palestine” that didn’t have the word “future” first. Two human rights officials said they were prevented from pursuing evidence of abuses in Gaza and the West Bank.

    The State Department did not make Blinken available for an interview, but the agency’s top spokesperson, Matthew Miller, said in a statement that Blinken welcomes internal dissent and has incorporated it into his policymaking. “The Department continues to encourage individuals to make their opinions known through appropriate channels,” he added. Miller denied that the agency has classified material for any reason other than national security.

    Over the past year, reports have documented physical and sexual abuse in Israeli prisons, using Palestinians as human shields and razing residential buildings and hospitals. At one point early in the conflict, UNICEF said more than 10 children required amputations every day on average. Israeli soldiers have videotaped themselves burning food supplies and ransacking homes. One IDF group reportedly said, “Our job is to flatten Gaza.”

    Israel’s defenders, including those on the National Security Council, acknowledge the devastating human toll but contend that American arms have helped Israel advance western interests in the region and protect itself from other enemies. Indeed, Netanyahu has significantly diminished Hamas in Gaza and Hezbollah in Lebanon, killing many of the groups’ leaders. Then Iran’s “axis of resistance” received its most consequential blow late last year when rebel groups ousted Assad from Syria.

    U.S. Ambassador to Israel Jack Lew told the Times of Israel he worried that a generation of young Americans will harbor anti-Israel sentiments into the future. He said he wished that Israel had done a better job at communicating how carefully it undertook combat decisions and calling attention to its humanitarian successes to counter a narrative in the American press that he considers biased.

    “The media that is presenting a pro-Hamas perspective is out instantaneously telling a story,” Lew said. “It tells a story that is, over time, shown not to be completely accurate. ‘Thirty-five children were killed.’ Well, it wasn’t 35 children. It was many fewer.”


    “You can Stand under my Umbrella,” Digital, Dream / Dreamland v3 / IbisPaint, Clip2Comic, 2024

    “The children who were killed,” he added, “turned out to have been the children of Hamas fighters.”

    The repercussions for the United States and the region will play out for years. Protests have erupted outside the American embassies in Muslim-majority countries like Indonesia, the world’s third-largest democracy, while polls show Arab Americans grew increasingly hostile to their own government stateside. Russia, before its black eye in Syria, and China have both sought to capitalize by entering business and defense deals with Arab nations. By the summer, State Department analysts in the Middle East sent cables to Washington expressing concerns that the IDF’s conduct would only inflame tensions in the West Bank and galvanize young Palestinians to take up arms against Israel. Intelligence officials warn that terrorist groups are recruiting on the anti-American sentiment throughout the region, which they say is at its highest levels in years.

    The Israeli government did not answer detailed questions, but a spokesperson for the embassy in Washington, D.C., broadly defended Israel’s relationship with the U.S., “two allies who have been working together to push back against extremist, destabilizing actors.” Israel is a country of laws, the spokesperson added, and its actions over the past 15 months “benefit the interests of the free world and the United States, creating an opportunity for a better future for the Middle East amid the tragedy of the war started by Hamas.”

    Next week, Trump will inherit a demoralized State Department, part of the federal bureaucracy from which he has pledged to cull disloyal employees. Grappling with the near-daily images of carnage in Gaza, many across the U.S. government have become disenchanted with the lofty ideas they thought they represented.

    “This is the human rights atrocity of our time,” one senior diplomat told me. “I work for the department that’s responsible for this policy. I signed up for this. … I don’t deserve sympathy for it.”

    The southern city of Rafah was supposed to be a safe haven for hundreds of thousands of Palestinians who the IDF had forced from their homes in the north at the start of the war. When Biden learned that Netanyahu intended to invade the city this spring, he warned that the U.S. will stop sending offensive arms if the Israelis went through with it.

    “It is a red line,” Biden had said, marking the first high-profile warning from the U.S.

    Netanyahu invaded in May anyway. Israeli tanks rolled into the city and the IDF dropped bombs on Hamas targets, including a refugee camp, killing dozens of civilians. Biden responded by pausing a shipment of 2,000-pound bombs but otherwise resumed military support.

    In late May, the International Court of Justice ordered Israel to stop its assault on the city, citing the Geneva Conventions. Behind the scenes, State Department lawyers scrambled to come up with a legal basis on which Israel could continue smaller attacks in Rafah. “There is room to argue that more scaled back/targeted operations, combined with better humanitarian efforts, would not meet that threshold,” the lawyers said in a May 24 email. While it’s not unreasonable for government lawyers to defend a close ally, critics say the cable illustrates the extreme deference the U.S. affords Israel.

    “The State Department has a whole raft of highly paid, very good lawyers to explain, ‘Actually this is not illegal,’ when in fact it is,” said Ari Tolany, an arms trade authority and director at the Center for International Policy, a Washington-based think tank. “Rules for thee and not for me.”

    The administration says that it restrained Israel’s attack in Rafah. In a recent interview, Lew told the Times of Israel the operation ultimately resulted in relatively few civilian casualties. “It was done in a way that limited or really eliminated the friction between the United States and Israel,” he added, “but also led to a much better outcome.”

    Several experts told me international law is effectively discretionary for some countries. “American policy ignores it when it’s inconvenient and adheres to it when it is convenient,” said Aaron Miller, a career State Department diplomat who worked for decades under both Democratic and Republican presidents as an adviser on Arab-Israeli negotiations. “The U.S. does not leverage or bring sustainable, credible, serious pressure to bear on any of its allies and partners,” he added, “not just Israel.”

    Miller and others note that the barbarity of Hamas attacks on Oct. 7, 2023, galvanized domestic support for Israel and made it significantly easier for Biden to avoid holding the Israelis accountable as they retaliated.

    There are other likely reasons for Biden’s unwillingness to impose any realistic limitations on Israel’s use of American weaponry since Oct. 7. For one, his career-long affinity for Israel — its security, people and the idea of a friendly democracy in the Middle East — is shared by many of the most powerful people in the country. (“If this Capitol crumbles to the ground, the one thing that would remain is our commitment to our aid — I don’t even call it aid, our cooperation — with Israel,” Nancy Pelosi said in 2018, weeks before resuming her role as House speaker.) That rationale aligned with the Democrats’ political goals during an election when they were wary of taking risks and upsetting large portions of the electorate, including the immensely powerful Israel lobby.

    Immediately after the ICJ’s order about the Rafah invasion, officials in the State Department’s Middle East and communications divisions drafted a list of proposed public statements to acknowledge the importance of the court and express concern over civilians in the city. But Matthew Miller, the State Department spokesperson, nixed almost all of them. He told the officials in a May 24 email that those on the White House’s National Security Council “aren’t going to clear” any recognition of the ruling or criticism of Israel.

    That was an early sign that the State Department was taking a back seat in shaping war policy. In its place, the NSC — largely led by Jake Sullivan, Brett McGurk and Amos Hochstein — assumed a larger role. While the NSC has grown significantly in size and influence over the decades, State Department officials repeatedly told me they felt marginalized this past year.

    “The NSC has final say over our messaging,” one diplomat said. “All any of us can do is what they’ll allow us to do.”

    The NSC did not make its senior leaders available for an interview or respond to questions from ProPublica. Sullivan, Biden’s national security adviser and brother to the State Department’s counselor, said recently it was difficult, for much of the past year, “to get the Israeli government to align with a lot of what President Biden publicly has been saying” about Gaza.

    Sullivan said too many civilians have died there and the U.S. was frequently required to publicly and privately pressure Israel to improve the flow of humanitarian aid. “We believe Israel has a responsibility — as a democracy, as a country committed to the basic principle of the value of innocent life, and as a member of the international community that has obligations under international humanitarian law — that it do the utmost to protect and minimize harm to civilians.”

    During another internal State Department meeting in March, top regional diplomats voiced their frustrations about messaging and appearances. Hady Amr, one of the government’s highest-ranking authorities on Palestinian affairs, said he was reluctant to address large groups about the administration’s Israel policy and he took issue with much of it, according to notes of the conversation. He warned colleagues that the sentiment in Muslim communities was turning. From a public diplomacy perspective, Amr told them, the war has been “catastrophically bad for the U.S.” (Amr did not respond to requests for comment.)

    Another attendee at the meeting said they had been effectively sidelined by the NSC. A third said it was a huge amount of effort to even get permission to use the word “condemn” when talking about Israeli settlers demolishing Palestinians’ homes in the West Bank.

    Such sanitizing language became common. Alex Smith, a former contractor with the U.S. Agency for International Development, said that at one point the State Department distributed NSC’s list of phrases that he and others weren’t allowed to use on internal presentations. Instead of “Palestinian residents of Jerusalem,” for example, they were meant to say “non-Israeli residents of Jerusalem.” Another official told Smith in an email, “I would recommend not discussing [international humanitarian law] at all without extensive clearances.”

    A USAID spokesperson said in an email that the agency couldn’t discuss personnel matters, but the list of terms was given to the agency by the State Department as early as 2022, before the war in Gaza. The list, the spokesperson added, includes the “suggested terms that are in line with U.S. diplomatic protocol.”

    Deference to Israel is not new. For decades, the U.S. has repeatedly looked the other way when Israel is accused of human rights abuses.

    One of the most conspicuous paper tigers in American foreign policy is the Leahy Law, experts say. Passed more than 25 years ago, the law’s authors intended to force foreign governments to hold their own accountable for violations like torture or extrajudicial killings — or their military assistance would be restricted. The law allowed precision targeting of individual units that faced credible allegations, so that the U.S. didn’t need to cut off entire countries from U.S.-funded weapons and training. It’s essentially a blacklist.

    Almost immediately, Israel got special treatment, records show. In March 1998, IDF soldiers fired on journalists covering demonstrations in the West Bank city of Hebron. Congress asked the State Department, then led by Madeleine Albright, to take action under the new law. “An Israeli official informed the U.S. Embassy that the soldiers were disciplined after the incident, but was unable to provide further information,” State Department officials responded in a letter — more than two years later — to Sen. Patrick Leahy, D-Vt., the law’s namesake. “It is the Department’s conclusion that there are insufficient grounds on which to conclude that the units involved committed gross violations of human rights.”

    While the country took action across the globe in South America, the Pacific Rim and elsewhere, the U.S. government has never disqualified an Israeli military unit under the law — despite voluminous evidence presented to the State Department.

    In 2020, the agency even set up a special council, called the Israel Leahy Vetting Forum, to assess accusations against the country’s military and police units. The forum is composed of State Department officials with expertise in human rights, arms transfers and the Middle East who review public allegations of human rights abuses before making referrals to the Secretary of State. While it had ambitious goals to finally hold Israeli units accountable, the forum became widely known as just another layer of bureaucracy that slowed down the process and protected Israel.

    Current and former diplomats told me that U.S. leaders are fundamentally unwilling to follow through on the law and cut off units from American-funded weapons. Instead, they have created multiple processes that give the appearance of accountability while simultaneously undermining any potential results, the experts said.

    “It’s like walking toward the horizon,” said Charles Blaha, a former director at the State Department who served on the Israel Leahy Vetting Forum. “You can always walk toward it but you will never ever get there.”

    “I really believed in the Israeli military justice system and I really believed that the State Department was acting in good faith,” he added. “But both of those things were wrong.”

    A review of the vetting forum’s emails and meeting minutes from 2021 through 2022 shows even the most high-profile and seemingly egregious cases fall into a bureaucratic black hole.

    After the IDF was accused of killing Palestinian American journalist Shireen Abu Akleh in May 2022, videos circulated on the internet of Israeli police units beating pallbearers at her funeral. “It is indeed very difficult to watch,” a deputy assistant secretary wrote in an email to a member of the forum. Another member told colleagues, “I think this would be what is actionable for the funeral procession itself as we wait for more info on circumstances of death and whether this would trigger Leahy ineligibility.”

    Neither Akleh’s killing, nor the funeral beatings, led to Leahy determinations against Israel.

    For years, lawmakers pushed the U.S. government to take action on Akleh’s case. Tim Rieser, a senior foreign policy aide who helped draft the Leahy Law, recently held a meeting with State Department officials to discuss the case again. The officials in the meeting again punted. “We’re talking about an American journalist who was killed by an Israeli soldier and nothing happened,” he said. “They are walking out the door on Jan. 20th and they haven’t implemented the law.”

    In another case considered by the forum, a 15-year-old boy from the West Bank said he was tortured and raped in the Israeli detention facility Al-Mascobiyya, or Russian Compound. For years, the State Department had been told about widespread abuses in that facility and others like it.

    Military Court Watch, a local nonprofit organization of attorneys, collected testimony from more than 1,100 minors who had been detained between 2013 and 2023. Most said they were strip searched and many said they were beaten. Some teens tried to kill themselves in solitary confinement. IDF soldiers recalled children so scared that they peed themselves during arrests.

    At the Russian Compound, a 14-year-old said his interrogator shocked and beat him in the legs with sticks to elicit information about a car fire. A 15-year-old said he was handcuffed with another boy. “An Israeli policeman then walked into the room and beat the hell out of me and the other boy,” he said. A 12-year-old girl said she was put into a small cell with cockroaches.

    Military Court Watch routinely shared its information with the State Department, according to Gerard Horton, one of the group’s co-founders. But nothing ever came of it. “They receive all our reports and we name the facilities,” he told me. “It goes up the food chain and it gets political. Everyone knows what’s going on and obviously no action is taken.”

    Even the State Department’s own public human rights reports acknowledge widespread allegations of abuse in Israeli prisons. Citing nonprofits, prisoner testimony and media reports, the agency wrote last year that “detainees held by Israel were subjected to physical and sexual violence, threats, intimidation, severely restricted access to food and water.”

    In the summer of 2021, the State Department reached out to the Israeli government and asked about the 15-year-old who said he was raped at the Russian Compound. The next day, the Israeli government raided the nonprofit that had originally documented the allegation, Defense for Children International — Palestine, and then designated the group a terrorist organization.

    As a result, U.S. human rights officials said they were prohibited from speaking to DCIP. “A large part of the frustration was that we were unable to access Palestinian civil society because most NGOs” — nongovernmental organizations — “were considered terrorist organizations,” said Mike Casey, a former U.S. diplomat in Jerusalem who resigned last year. “All these groups were essentially the premier human rights organizations, and we were not able to meet with them.”

    Miller, the State Department spokesperson, said in his statement that the agency has not “blanketly prohibited” officials from speaking with groups that document allegations of human rights abuses and they continue to work with organizations in Israel and the West Bank.

    After the raid on DCIP, a member of the forum emailed his superior at the State Department and said the U.S. should push to get an explanation for the raid from the Israelis and “re-raise our original request for info on the underlying allegation.”

    But almost two years went by and there were no arrests, while those on the forum struggled to get basic information about the case. Then, in the early months of the Israel war on Hamas, another State Department official reached out to DCIP and tried to reengage, according to a recording of the conversation.

    “As you can imagine, it’s been a bit touchy here,” the official said on the call, explaining the months without correspondence. “The Israeli government’s not going to dictate to me who I can talk to, but my superiors can.”

    The IDF eventually told the State Department it did not find evidence of a sexual assault but reprimanded the guard for kicking a chair during the teenager’s interrogation. To date, the U.S. has not cut off the Russian Compound on Leahy grounds.

    In late April, there was surprising news: Blinken was reportedly set to take action against Netzah Yehuda, a notorious ultraorthodox IDF battalion, under the Leahy law.

    The Leahy forum had recommended several cases to him. But for months, he sat on the recommendations. One of them was the case of Omar Assad.

    On a cold night in January 2022, Netzah Yehuda soldiers pulled over Assad, an elderly Palestinian American who was on his way home from playing cards in the West Bank. They bound, blindfolded and gagged him and led him into a construction site, according to local investigators. He was found dead shortly after.

    After the killing, DAWN, an advocacy group founded by the slain Washington Post columnist Jamal Khashoggi, compiled a dossier of evidence on the case, including testimony from family and witnesses, as well as a medical examiner’s report. The report found Assad had traumatic injuries to the head and other injuries that caused a stress-induced heart attack. The group delivered the dossier to the State Department’s Leahy forum.

    The dossier also included information about other incidents. For years, Netzah Yehuda has been accused of violent crimes in the West Bank, including killing unarmed Palestinians. They have also been convicted of torturing and abusing detainees in custody.

    By late 2023, after the Oct. 7 attacks, the experts on the forum decided that Assad’s case met all the conditions of the Leahy law: a human rights violation had occurred and the soldiers responsible had not been adequately punished. The forum recommended that the battalion should no longer receive any American-funded weapons or training until the perpetrators are brought to justice.

    ProPublica published an article in the spring of 2024 about Blinken sitting on the recommendations. But when he signaled his intention to take action shortly after, the Israelis responded with fury. “Sanctions must not be imposed on the Israel Defense Forces!” Netanyahu posted on X. “The intention to impose a sanction on a unit in the IDF is the height of absurdity and a moral low.”

    The pressure campaign, which also reportedly came from Speaker Mike Johnson, R-La. and Lew, the ambassador, appears to have worked. For months, Blinken punted on an official decision. Then, in August, the State Department announced that Netzah Yehuda would not be cut off from military aid after all because the U.S. had received new information that the IDF had effectively “remediated” the case. Two soldiers involved were removed from active duty and made ineligible to serve in the reserve, but there is no indication that anyone was charged with a crime.

    Miller, the spokesperson, said the IDF also took steps to avoid similar incidents in the future, like enhanced screening and a two-week educational seminar for Netzah Yehuda recruits.

    “In seven and a half years as director of the State Department office that implements the Leahy law worldwide,” Blaha wrote shortly after the announcement, “I have never seen a single case in which mere administrative measures constituted sufficient remediation.”

    In its statement to ProPublica, the Israeli government did not address individual cases, but said, “All of the incidents in question were thoroughly examined by the American administration, which concluded that Israel took remedial measures when necessary.”

    Last summer, CNN documented how commanders in the battalion have been promoted to senior positions in the IDF, where they train ground troops and run operations in Gaza. A weapons expert told me the guns that Netzah Yehuda soldiers have been photographed holding were likely made in the U.S.

    Later in the year, Younis Tirawi, a Palestinian journalist who runs a popular account on X, posted videos showing IDF soldiers who recorded themselves rummaging through children’s clothing inside a home and demolishing a mosque’s minaret. Tirawi said the soldiers were in Netzah Yehuda. (ProPublica could not independently verify the soldiers’ units.)

    Hebrew text added to one of the videos said, “We won’t leave a trace of them.”

    On Nov. 14, more than a year after the war started, Human Rights Watch released a report and said that Israel’s forced displacement of Palestinians is widespread, systematic and intentional. It accused the Israelis of a crime against humanity, writing, “Israel’s actions appear to also meet the definition of ethnic cleansing.” (A former Israeli defense minister has also made that allegation.)

    During a news briefing later that day, reporters pressed a State Department spokesperson, Vedant Patel, on the report’s findings.

    Patel said the U.S. government disagrees and has not seen evidence of forced displacement in Gaza.

    “That,” he said, “certainly would be a red line.”

    Mariam Elba contributed research.

    ProPublica

    Brett Murphy has been a reporter on ProPublica’s national desk since 2022. That year, he published a series of articles uncovering a new junk science in the justice system known as 911 call analysis. The reporting won a George Polk Award, among other honors.

    In 2023, he and colleagues revealed how a set of politically connected billionaires provided lavish gifts and travel to Supreme Court justices over many years. Those stories won the Pulitzer Prize gold medal for public service.

    Murphy joined ProPublica after working as an investigative reporter at USA Today, where he covered labor, criminal justice and the federal government. There, Murphy won several journalism awards, including the International Livingston Award for his investigation into a U.S. military attack on its own security forces in Afghanistan, which killed dozens of civilians, including as many as 60 children. Murphy’s stories on widespread labor abuses in California’s port trucking industry was a finalist for the 2018 Pulitzer Prize and spurred a raft of reforms. Before USA Today, Murphy covered courts and hurricanes for the Naples Daily News and other Gannett newspapers. He also co-founded the “Local Matters” newsletter, a weekly roundup of the best investigative and watchdog reporting from local newsrooms around the country.

    Murphy is based in Brooklyn.

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    The Militia and the Mole https://www.juancole.com/2025/01/the-militia-mole.html Sun, 05 Jan 2025 05:04:28 +0000 https://www.juancole.com/?p=222379 By Joshua Kaplan –

    Reporting Highlights

  • A Freelance Vigilante: A wilderness survival trainer spent years undercover, climbing the ranks of right-wing militias. He didn’t tell police or the FBI. He didn’t tell his family or friends.
  • The Future of Militias: He penetrated a new generation of militia leaders, which included doctors and government attorneys. Experts say that militias could have a renaissance under Donald Trump.
  • A Secret Trove: He sent ProPublica a massive trove of documents. The conversations that he secretly recorded give a unique, startling window into the militia movement.
    These highlights were written by the reporters and editors who worked on this story.

    ( ProPublica ) – John Williams kept a backpack filled with everything he’d need to go on the run: three pairs of socks; a few hundred dollars cash; makeshift disguises and lock-picking gear; medical supplies, vitamins and high-calorie energy gels; and thumb drives that each held more than 100 gigabytes of encrypted documents, which he would quickly distribute if he were about to be arrested or killed.

    On April 1, 2023, Williams retrieved the bag from his closet and rushed to his car. He had no time to clean the dishes that had accumulated in his apartment. He did not know if armed men were out looking for him. He did not know if he would ever feel safe to return. He parked his car for the night in the foothills overlooking Salt Lake City and curled up his 6-foot-4-inch frame in the back seat of the 20-year-old Honda. This was his new home.

    He turned on a recording app to add an entry to his diary. His voice had the high-pitched rasp of a lifelong smoker: “Where to fucking start,” he sighed, taking a deep breath. After more than two years undercover, he’d been growing rash and impulsive. He had feared someone was in danger and tried to warn him, but it backfired. Williams was sure at least one person knew he was a double agent now, he said into his phone. “It’s only a matter of time before it gets back to the rest.”

    In the daylight, Williams dropped an envelope with no return address in a U.S. Postal Service mailbox. He’d loaded it with a flash drive and a gold Oath Keepers medallion.

    It was addressed to me.

    The documents laid out a remarkable odyssey. Posing as an ideological compatriot, Williams had penetrated the top ranks of two of the most prominent right-wing militias in the country. He’d slept in the home of the man who claims to be the new head of the Oath Keepers, rifling through his files in the middle of the night. He’d devised elaborate ruses to gather evidence of militias’ ties to high-ranking law enforcement officials. He’d uncovered secret operations like the surveillance of a young journalist, then improvised ways to sabotage the militants’ schemes. In one group, his ploys were so successful that he became the militia’s top commander in the state of Utah.

    Now he was a fugitive. He drove south toward a desert four hours from the city, where he could disappear.

    1. Prelude

    I’d first heard from Williams five months earlier, when he sent me an intriguing but mysterious anonymous email. “I have been attempting to contact national media and civil rights groups for over a year and been ignored,” it read. “I’m tired of yelling into the void.” He sent it to an array of reporters. I was the only one to respond. I’ve burned a lot of time sating my curiosity about emails like that. I expected my interest to die after a quick call. Instead, I came to occupy a dizzying position as the only person to know the secret Williams had been harboring for almost two years.

    We spoke a handful of times over encrypted calls before he fled. He’d been galvanized by the Jan. 6, 2021, storming of the Capitol, Williams told me, when militias like the Oath Keepers conspired to violently overturn the 2020 presidential election. He believed democracy was under siege from groups the FBI has said pose a major domestic terrorism threat. So he infiltrated the militia movement on spec, as a freelance vigilante. He did not tell the police or the FBI. A loner, he did not tell his family or friends.

    Williams seemed consumed with how to ensure this wasn’t all a self-destructive, highly dangerous waste of time. He distrusted law enforcement and didn’t want to be an informant, he said. He told me he hoped to damage the movement by someday going public with what he’d learned.

    The Capitol riot had been nagging at me too. I’d reported extensively on Jan. 6. I’d sat with families who blamed militias for snatching their loved ones away from them, pulling them into a life of secret meetings and violent plots — or into a jail cell. By the time Williams contacted me, though, the most infamous groups appeared to have largely gone dark. Were militias more enduring, more potent, than it seemed?

    Some of what he told me seemed significant. Still, before the package arrived, it could feel like I was corresponding with a shadow. I knew Williams treated deception as an art form. “When you spin a lie,” he once told me, “you have to have things they can verify so they won’t think to ask questions.” While his stories generally seemed precise and sober — always reassuring for a journalist — I needed to proceed with extreme skepticism.

    So I pored over his files, tens of thousands of them. They included dozens of hours of conversations he secretly recorded and years of private militia chat logs and videos. I was able to authenticate those through other sources, in and out of the movement. I also talked to dozens of people, from Williams’ friends to other members of his militias. I dug into his tumultuous past and discovered records online he hadn’t pointed me to that supported his account.

    The files give a unique window, at once expansive and intimate, into one of the most consequential and volatile social movements of our time. Williams penetrated a new generation of paramilitary leaders, which included doctors, career cops and government attorneys. Sometimes they were frightening, sometimes bumbling, always heavily armed. It was a world where a man would propose assassinating politicians, only to spark a debate about logistics.

    Federal prosecutors have convicted more than 1,000 people for their role in Jan. 6. Key militia captains were sent to prison for a decade or more. But that did not quash the allure that militias hold for a broad swath of Americans.

    Now President-elect Donald Trump has promised to pardon Jan. 6 rioters when he returns to the White House. Experts warn that such a move could trigger a renaissance for militant extremists, sending them an unprecedented message of protection and support — and making it all the more urgent to understand them.

    (Unless otherwise noted, none of the militia members mentioned in this story responded to requests for comment.)

    Williams is part of a larger cold war, radical vs. radical, that’s stayed mostly in the shadows. A left-wing activist told me he personally knows about 30 people who’ve gone undercover in militias or white supremacist groups. They did not coordinate with law enforcement, instead taking the surveillance of one of the most intractable features of American politics into their own hands.

    Skeptical of authorities, militias have sought to reshape the country through armed action. Williams sought to do it through betrayals and lies, which sat with him uneasily. “I couldn’t have been as successful at this if I wasn’t one of them in some respects,” he once told me. “I couldn’t have done it so long unless they recognized something in me.”

    2. The Struggle

    If there is one moment that set Williams on his path into the militia underground, it came roughly a decade before Jan. 6, when he was sent to a medium-security prison. He was in his early 30s, drawn to danger and filled with an inner turbulence.

    Williams grew up in what he described to me, to friends and in court records as a dysfunctional and unhappy home. He was a gay child in rural America. His father viewed homosexuality as a mortal sin, he said. Williams spent much of his childhood outdoors, bird-watching, camping and trying to spend as little time as possible at home. (John Williams is now his legal name, one he recently acquired.)

    Once he was old enough to move out, Williams continued to go off the grid for weeks at a time. Living in a cave interested him; the jobs he’d found at grocery stores and sandwich shops did not. He told me his young adulthood was “a blank space in my life,” a stretch of “petty crime” and falling-outs with old friends. He pled guilty to a series of misdemeanors: trespassing, criminal mischief, assault.

    What landed Williams in prison was how he responded to one of those arrests. He sent disturbing, anonymous emails to investigators on the case, threatening their families. Police traced the messages back to him and put him away for three years.

    Williams found time to read widely in prison — natural history books, Bertrand Russell, Cormac McCarthy. And it served as a finishing school for a skill that would be crucial in his undercover years. Surviving prison meant learning to maneuver around gang leaders and corrections officers. He learned how to steer conversations to his own benefit without the other person noticing.

    When he got out, he had a clear ambition: to become a wilderness survival instructor. He used Facebook to advertise guided hikes in Utah’s Uinta Mountains. An old photo captures Williams looking like a lanky camp counselor as he shows students an edible plant. He sports a thick ponytail and cargo pants, painted toenails poking out from his hiking sandals.

    Many people in Utah had turned to wilderness survival after a personal crisis, forming a community of misfits who thrived in environments harsh and remote. Even among them, Williams earned a reputation for putting himself in extreme situations. “Not many people are willing to struggle on their own. He takes that struggle to a high degree,” one friend told me admiringly. Williams took up krav maga and muay thai because he enjoyed fistfights. He once spent 40 days alone in the desert with only a knife, living off chipmunks and currants (by choice, to celebrate a birthday).

    Williams struggled to get his survival business going. He’d hand out business cards at hobbyist gatherings with promises of adventure, but in practice, he was mostly leading seminars in city parks for beer money. He would only take calls in emergencies, another friend recalled, because he wanted to save money on minutes.

    Then around New Year’s in 2019, according to Williams, he received an email from a leader in American Patriots Three Percent, or AP3. He wanted to hire Williams for a training session. He could pay $1,000.

    Finally, Williams thought. I’m starting to get some traction.

    3. The Decision

    They had agreed there’d be no semiautomatic rifles, Williams told me, so everyone brought a sidearm. Some dozen militiamen had driven into the mountains near Peter Sinks, Utah, one of the coldest places in the contiguous U.S. Initially they wanted training in evasion and escape, Williams said, but he thought they needed to work up to that. So for three days, he taught them the basics of wilderness survival, but with a twist: how to stay alive while “trying to stay hidden.” He showed them how to build a shelter that would both keep them dry and escape detection. How to make a fire, then how to clean it up so no one could tell it was ever there.

    As the days wore on, stray comments started to irk him. Once, a man said he’d been “kiked” into overpaying for his Ruger handgun. At the end of the training, AP3 leaders handed out matching patches. The ritual reminded Williams of a biker gang.

    He’d already been to some shorter AP3 events to meet the men and tailor the lesson to his first meaningful client, Williams told me. But spending days in the woods with them felt different. He said he found the experience unpleasant and decided not to work with the group again.

    This portion of Williams’ story — exactly how and why he first became a militia member — is the hardest to verify. By his own account, he kept his thoughts and plans entirely to himself. At the time, he was too embarrassed to even tell his friends what happened that weekend, he said. In the survival community, training militias was considered taboo.

    I couldn’t help but wonder if Williams was hiding a less gallant backstory. Maybe he’d joined AP3 out of genuine enthusiasm and then soured on it. Maybe now he was trying to fool me. Indeed, when I called the AP3 leader who set up the training, he disputed Williams’ timeline. He remembered Williams staying sporadically but consistently involved after the session in the mountains, as a friend of the group who attended two or three events a year. To further muddy the picture, Williams had warned me the man would say something like that — Williams had worked hard to create the impression that he never left, he said, that he’d just gone inactive for a while, busy with work. (Remarkably, the AP3er defended Williams’ loyalty each time I asserted he’d secretly tried to undermine the group. “He was very well-respected,” he said. “I never questioned his honesty or his intentions.”)

    Even Williams’ friends told me he was something of a mystery to them. But I found evidence that supports his story where so many loners bare their innermost thoughts: the internet. In 2019 and early 2020, Williams wrote thousands of since-deleted entries in online forums. These posts delivered a snapshot of his worldview in this period: idiosyncratic, erudite and angry with little room for moderation. “There are occasionally militia types that want these skills to further violent fringe agendas and I will absolutely not enable them,” he wrote in one 2020 entry about wilderness survival. In another, he called AP3 and its allies “far right lunatics.” The posts didn’t prove the details of his account, but here was the Williams I knew, writing under pseudonyms long before we’d met.

    One day, he’d voice his disdain for Trump voters, neoliberalism or “the capitalist infrastructure.” Another, he’d rail against gun control measures as immoral. When Black Lives Matter protests broke out in 2020, Williams wrote that he was gathering medical supplies for local protestors. He sounded at times like a revolutionary crossed with a left-wing liberal arts student. “The sole job of a cop is to bully citizens on behalf of the state,” he wrote. “Violent overthrow of the state is our only viable option.”

    Then came Jan. 6. As he was watching on TV, he later told me, Williams thought he recognized the patch on a rioter’s tactical vest. It looked like the one that AP3 leaders had handed out at the end of his training.

    Did I teach that guy? he wondered. Why was I so cordial to them all?If they knew I was gay, I bet they’d want me dead, and I actually helped them. Because I was too selfish to think of anything but my career.

    Shame quickly turned to anger, he told me, and to a desire for revenge. Pundits were saying that democracy itself was in mortal peril. Williams took that notion literally. He assumed countless Americans would respond with aggressive action, he said, and he wanted to be among them.

    4. A New World

    Williams stood alone in his apartment, watching himself in the mirror.

    “I’m tall.”

    “I’m Dave.”

    “I’m tall.”

    “I’m Dave.”

    He tried to focus on his mannerisms, on the intonation of his voice. Whether he was saying the truth or a falsehood, he wanted to appear exactly the same.

    Months had passed since the Capitol riot. By all appearances, Williams was now an enthusiastic member of AP3. Because he already had an in, joining the group was easy, he said. Becoming a self-fashioned spy took some trial and error, however. In the early days, he had posed as a homeless person to surveil militia training facilities, but he decided that was a waste of time.

    The casual deceit that had served him in prison was proving useful. Deviousness was a skill, and he stayed up late working to hone it. He kept a journal with every lie he told so he wouldn’t lose track. His syllabus centered on acting exercises and the history of espionage and cults. People like sex cult leader Keith Raniere impressed him most — he studied biographies to learn how they manipulated people, how they used cruelty to wear their followers down into acquiescence.

    Williams regularly berated the militia’s rank and file. He doled out condescending advice about the group’s security weaknesses, warning their technical incompetence would make them easy targets for left-wing hackers and government snoops. Orion Rollins, the militia’s top leader in Utah, soon messaged Williams to thank him for the guidance. “Don’t worry about being a dick,” he wrote. “It’s time to learn and become as untraceable as possible.” (The AP3 messages Williams sent me were so voluminous that I spent an entire month reading them before I noticed this exchange.)

    Williams was entering the militia at a pivotal time. AP3 once had chapters in nearly every state, with a roster likely in the tens of thousands; as authorities cracked down on the movement after Jan. 6, membership was plummeting. Some who stayed on had white nationalist ties. Others were just lonely conservatives who had found purpose in the paramilitary cause. For now, the group’s leaders were focused on saving the militia, not taking up arms to fight their enemies. (Thanks to Williams’ trove and records from several other sources, I was eventually able to write an investigation into AP3’s resurgence.)

    On March 4, 2021, Williams complained to Rollins that everyone was still ignoring his advice. Williams volunteered to take over as the state’s “intel officer,” responsible for protecting the group from outside scrutiny.

    “My hands are tied,” Williams wrote. “If I’m not able to” take charge, the whole militia “might unravel.” Rollins gave him the promotion.

    “Thanks Orion. You’ve shown good initiative here.” Privately, he saw a special advantage to his appointment. If anyone suspected there was a mole in Utah, Williams would be the natural choice to lead the mole hunt.

    Now he had a leadership role. What he did not yet have was a plan. But how could he decide on goals, he figured, until he knew more about AP3? He would work to gather information and rise through the ranks by being the best militia member he could be.

    He took note of the job titles of leaders he met, like an Air Force reserve master sergeant (I confirmed this through military records) who recruited other airmen into the movement. Williams attended paramilitary trainings, where the group practiced ambushes with improvised explosives and semiautomatic guns. He offered his comrades free lessons in hand-to-hand combat and bonded with them in the backcountry hunting jackrabbits. When the militia joined right-wing rallies for causes like gun rights, they went in tactical gear. Williams attended as their “gray man,” he said — assigned to blend in with the crowd and call in armed reinforcements if tensions erupted.

    Since his work was seasonal, Williams could spend as much as 40 hours a week on militia activities. One of his duties as intel officer was to monitor the group’s enemies on the left, which could induce vertigo. A militia leader once dispatched him to a Democratic Socialists of America meeting at a local library, he said, where he saw a Proud Boy he recognized from a joint militia training. Was this a closet right-winger keeping tabs on the socialists? Or a closet leftist who might dox him or inform the police?

    He first contacted me in October 2022. He couldn’t see how the movement was changing beyond his corner of Utah. AP3 was reinvigorated by then, I later found, with as many as 50 recruits applying each day. In private chats I reviewed, leaders were debating if they should commit acts of terrorism. At the Texas border, members were rounding up immigrants in armed patrols. But Williams didn’t know all that yet. On our first call, he launched into a litany of minutiae: names, logistical details, allegations of minor players committing petty crimes. He could tell I wasn’t sure what it all amounted to.

    Williams feared that if anything he’d helped AP3, not damaged it. Then, in early November, Rollins told him to contact a retired detective named Bobby Kinch.

    5. The Detective and the Sheriff

    Williams turned on a recording device and dialed. Kinch picked up after one ring: ​​“What’s going on?” he bellowed. “How you doing, man?”

    “I don’t know if you remember me,” Kinch continued, but they’d met years before.

    “Oh, oh, back in the day,” Williams said, stuttering for a second. He knew Kinch was expecting the call but was confused by the warm reception. Maybe Kinch was at the training in 2019?

    “Well I’m the sitting, current national director of the Oath Keepers now.”

    The militia’s eye-patched founder, Stewart Rhodes, was in jail amid his trial for conspiring to overthrow the government on Jan. 6. Kinch said he was serving on the group’s national board when his predecessor was arrested. Rhodes had called from jail to say, “Do not worry about me. This is God’s way.”

    “He goes, ‘But I want you to save the organization.’”

    Kinch explained that Rollins, who’d recently defected to the Oath Keepers, had been singing Williams’ praises. (Bound by shared ideology, militias are more porous than outsiders would think. Members often cycle between groups like square dance partners.) “I imagine your plate is full with all the crazy stuff going on in the world, but I’d love to sit down.”

    “Yeah, yeah,” Williams said. “AP3 and Oath Keepers should definitely be working together.” He proposed forming a joint reconnaissance team so their two militias could collaborate on intelligence operations. Kinch lit up. “I’m a career cop,” he said. “I did a lot of covert stuff, surveillance.”

    By the time they hung up 45 minutes later, Kinch had invited Williams to come stay at his home. Williams felt impressed with himself. The head of the most infamous militia in America was treating him like an old friend.

    To me, Williams sounded like a different person on the call, with the same voice but a brand new personality. It was the first recording that I listened to and the first time I became certain the most important part of his story was true. To authenticate the record, I independently confirmed nonpublic details Kinch discussed on the tape, a process I repeated again and again with the other files. Soon I had proof of what would otherwise seem outlandish: Williams’ access was just as deep as he claimed.

    I could see why people would be eager to follow Kinch. Even when he sermonized on the “global elitist cabal,” he spoke with the affable passion of a beloved high school teacher. I’d long been fascinated by the prevalence of cops on militia rosters, so I started examining his backstory.

    Kinch grew up in upstate New York, the son of a World War II veteran who had him at about 50. When Kinch was young, he confided in a later recording, he was a “wheelman,” slang for getaway driver. “I ran from the cops so many fucking times,” he said. But “at the end of the day, you know, I got away. I never got caught.”

    He moved to Las Vegas and, at the age of 25, became an officer in the metro police. Kinch came to serve in elite detective units over 23 years in the force, hunting fugitives and helping take down gangs like the Playboy Bloods. Eventually he was assigned to what he called the “Black squad,” according to court records, tasked with investigating violent crimes where the suspect was African American. (A Las Vegas police spokesperson told me they stopped “dividing squads by a suspect’s race” a year before Kinch retired.)

    Then around Christmas in 2013, Kinch’s career began to self-destruct. In a series of Facebook posts, he said that he would welcome a “race war.” “Bring it!” he wrote. “I’m about as fed up as a man (American, Christian, White, Heterosexual) can get!” An ensuing investigation prompted the department to tell the Secret Service that Kinch “could be a threat to the president,” according to the Las Vegas Sun. (The Secret Service interviewed him and determined he was not a threat to President Barack Obama, the outlet reported. Kinch told the paper he was not racist and that he was being targeted by colleagues with “an ax to grind.”) In 2016, he turned in his badge, a year after the saga broke in the local press.

    Kinch moved to southern Utah and found a job hawking hunting gear at a Sportsman’s Warehouse. But he “had this urge,” he later said on a right-wing podcast. “Like I wasn’t done yet.” So he joined the Oath Keepers. “When people tell me that violence doesn’t solve anything, I look back over my police career,” he once advised his followers. “And I’m like, ‘Wow, that’s interesting, because violence did solve quite a bit.’”

    Kinch added Williams to an encrypted Signal channel where the Utah Oath Keepers coordinated their intel work. Two weeks later on Nov. 30, 2022, Williams received a cryptic message from David Coates, one of Kinch’s top deputies.

    Coates was an elder statesman of sorts in the Oath Keepers, a 73-year-old Vietnam veteran with a Hulk Hogan mustache. There’d been a break-in at the Utah attorney general’s office, he reported to the group, and for some unspoken reason, the Oath Keepers seemed to think this was of direct relevance to them. Coates promised to find out more about the burglary: “The Sheriff should have some answers” to “my inquiries today or tomorrow.”

    That last line would come to obsess Williams. He sent a long, made-up note about his own experiences collaborating with law enforcement officials. “I’m curious, how responsive is the Sheriff to your inquiries? Or do you have a source you work with?”

    “The Sheriff has become a personal friend who hosted my FBI interview,” Coates responded. “He opens a lot of doors.” Coates had been in D.C. on Jan. 6, he’d told Williams. It’d make sense if that had piqued the FBI’s interest.

    To Williams, it hinted at a more menacing scenario — at secret ties between those who threaten the rule of the law and those duty-bound to enforce it. He desperately wanted more details, more context, the sheriff’s name. But he didn’t want to push for too much too fast.

    6. The Hunting of Man

    A forest engulfed Kinch’s house on all sides. He lived in a half-million-dollar cabin in summer home country, up 8,000 feet in the mountains outside Zion National Park. Williams stood in the kitchen on a mid-December Saturday morning.

    Williams had recently made a secret purchase of a small black device off Amazon. It looked like a USB drive. The on-off switch and microphone holes revealed what it really was: a bug. As the two men chatted over cups of cannoli-flavored coffee, Williams didn’t notice when Kinch’s dog snatched the bug from his bag.

    The night before, Williams had slept in the guest room. The house was cluttered with semiautomatic rifles. He had risked photographing three plaques on the walls inscribed with the same Ernest Hemingway line. “There is no hunting like the hunting of man,” they read. “Those who have hunted armed men long enough and liked it, never really care for anything else.”

    They spotted the dog at the same time. The bug was attached to a charging device. The animal was running around with it like it was a tennis ball. As Kinch went to retrieve it, Williams felt panic grip his chest. Could anyone talk their way out of this? He’d learned enough about Kinch to be terrified of his rage. Looking around, Williams eyed his host’s handgun on the kitchen counter.

    If he even starts to examine it, I’ll grab the gun, he thought. Then I’ll shoot him and flee into the woods.

    Kinch took the bug from the dog’s mouth. Then he handed it right to Williams and started to apologize.

    Don’t worry about it, Williams said. He’s a puppy!

    On their way out the door, Kinch grabbed the pistol and placed it in the console of his truck. It was an hour’s drive to the nearest city, where the Oath Keepers were holding a leadership meeting. Williams rode shotgun, his bug hooked onto the zipper of his backpack. On the tape, I could hear the wind racing through the car window. The radio played Bryan Adams’ “Summer of ’69.”

    Kinch seemed in the hold of a dark nostalgia — as if he was wrestling with the monotony of civilian life, with the new strictures he faced since turning in his badge. Twenty minutes in, he recited the Hemingway line like it was a mantra. “I have a harder time killing animals than a human being,” Kinch continued. Then he grew quiet as he recounted the night he decided to retire.

    He’d woken up in an oleander bush with no memory of how he’d gotten there. His hands were covered in blood. He was holding a gun. “I had to literally take my magazine out and count my bullets, make sure I didn’t fucking kill somebody,” he said. “I black out when I get angry. And I don’t remember what the fuck I did.”

    Kinch went on: “I love the adrenaline of police work,” and then he paused. “I miss it. It was a hoot.”

    By the time they reached Cedar City, Utah, Kinch was back to charismatic form. He dished out compliments to the dozen or so Oath Keepers assembled for the meeting — “You look like you lost weight” — and told everyone to put their phones in their cars. “It’s just good practice. Because at some point we may have to go down a route,” one of his deputies explained, trailing off.

    Kinch introduced Williams to the group. “He’s not the feds. And if he is, he’s doing a damn good job.”

    Williams laughed, a little too loud.

    7. Doctor, Lawyer, Sergeant, Spy

    Early in the meeting, Kinch laid out his vision for the Oath Keepers’ role in American life. “We have a two-edged sword,” he said. The “dull edge” was more traditional grassroots work, exemplified by efforts to combat alleged election fraud. He hoped to build their political apparatus so that in five or 10 years, conservative candidates would be seeking the Oath Keepers’ endorsement.

    Then there was the sharp edge: paramilitary training. “You hone all these skills because when the dull edge fails, you’ve got to be able to turn that around and be sharp.” The room smelled like donuts, one of the men had remarked.

    The week before, Kinch’s predecessor had been convicted of seditious conspiracy. This was their first meeting since the verdict, and I opened the recordings later with the same anticipation I feel sitting down for the Super Bowl. What would come next for the militia after this historic trial: ruin, recovery or revolt?

    The stature of men leading the group’s post-Jan. 6 resurrection startled me. I was expecting the ex-cops, like the one from Fresno, California, who said he stayed on with the militia because “this defines me.” Militias tend to prize law enforcement ties; during an armed operation, it could be useful to have police see you as a friend.

    But there was also an Ohio OB-GYN on the national board of directors — he used to work for the Cleveland Clinic, I discovered, and now led a subsidiary of UnitedHealth Group. The doctor was joined at board meetings by a city prosecutor in Utah, an ex-city council member and, Williams was later told, a sergeant with an Illinois sheriff’s department. (The doctor did not respond to requests for comment. He has since left his post with the UnitedHealth subsidiary, a spokesperson for the company said.)

    Over six hours, the men set goals and delegated responsibilities with surprisingly little worry about the federal crackdown on militias. They discussed the scourges they were there to combat (stolen elections, drag shows, President Joe Biden) only in asides. Instead, they focused on “marketing” — “So what buzzwords can we insert in our mission statement?” one asked — and on resources that’d help local chapters rapidly expand. “I’d like to see this organization be like the McDonald’s of patriot organizations,” another added. To Williams, it felt more like a Verizon sales meeting than an insurrectionist cell.

    Kinch had only recently taken over and as I listened, I wondered how many followers he really had outside of that room. They hadn’t had a recruitment drive in the past year, which they resolved to change. They had $1,700 in the bank. But it didn’t seem entirely bravado. Kinch and his comrades mentioned conversations with chapters around the county.

    Then as they turned from their weakened national presence to their recent successes in Utah, Williams snapped to attention.

    “We had surveillance operations,” Kinch said, without elaboration.

    “We’re making progress locally on the law enforcement,” Coates added. He said that at least three of them can get “the sheriff” on the phone any time of day. Like the last time, Coates didn’t give a name, but he said something even more intriguing: “The sheriff is my tie-in to the state attorney general because he’s friends.” Williams told me he fought the urge to lob a question. (The attorney general’s office did not respond to requests for comment.)

    Closing out the day, Kinch summarized their plan moving forward: Keep a low profile. Focus on the unglamorous work. Rebuild their national footprint. And patiently prepare for 2024. “We still got what, two more years, till another quote unquote election?” He thanked Williams for coming and asked if they could start planning training exercises.

    “Absolutely, yeah, I’m excited about that.” Williams was resolved to find his way onto the national board.

    8. The Stakeout

    On Dec. 17, 2022, a week after the meeting, Williams called a tech-savvy 19-year-old Oath Keeper named Rowan. He’d told Rowan he was going to teach him to infiltrate leftist groups, but Williams’ real goal was far more underhanded. While the older Oath Keepers had demurred at his most sensitive questions recently, the teenager seemed eager to impress a grizzled survival instructor. By assigning missions to Rowan, he hoped to probe the militias’ secrets without casting suspicion on himself.

    “You don’t quite have the life experience to do this,” Williams opened on the recording. But with a couple years’ training, “I think we can work towards that goal.” He assigned his student a scholarly monograph, “Alienation: Marx’s Conception of Man in a Capitalist Society,” to begin his long education in how leftists think. “Perfect,” Rowan responded. He paused to write the title down.

    Then came his pupil’s first exercise: build a dossier on Williams’ boss in AP3. Williams explained it was safest to practice on people they knew.

    In Rowan, Williams had found a particularly vulnerable target. He was on probation at the time. According to court records, earlier that year, Rowan had walked up to a stranger’s truck as she was leaving her driveway. She rolled down her window. He punched her several times in the face. When police arrived, Rowan began screaming that he was going to kill them and threatened to “blow up the police department.” He was convicted of misdemeanor assault.

    Williams felt guilty about using the young man but also excited. (“He is completely in my palm,” he recorded in his diary.) Within a few weeks, he had Rowan digging into Kinch’s background. “I’m going to gradually have him do more and more things,” he said in the diary, “with the hopes that I can eventually get him to hack” into militia leaders’ accounts.

    The relationship quickly unearthed something that disturbed him. The week of their call, Williams woke up to a series of angry messages in the Oath Keepers’ encrypted Signal channel. The ire was directed toward a Salt Lake Tribune reporter who, according to Coates, was “a real piece of shit.” His sins included critical coverage of “anyone trying to expose voter fraud” and writing about a local political figure who’d appeared on a leaked Oath Keepers roster.

    Williams messaged Rowan. “I noticed in the chat that there is some kind of red list of journalists etc? Could you get that to me?” he asked. “It would be very helpful to my safety when observing political rallies or infiltrating leftists.”

    “Ah yes, i have doxes on many journalists in utah,” Rowan responded, using slang for sharing someone’s personal data with malicious intent.

    He sent over a dossier on the Tribune reporter, which opened with a brief manifesto: “This dox goes out to those that have been terrorized, doxed, harassed, slandered, and family names mutilated by these people.” It provided the reporter’s address and phone number, along with two pictures of his house.


    “Militia,” Digital, Midjourney, 2024

    Then Rowan shared similar documents about a local film critic — he’d posted a “snarky” retweet of the Tribune writer — and about a student reporter at Southern Utah University. The college student had covered a rally the Oath Keepers recently attended, Rowan explained, and the militia believed he was coordinating with the Tribune. “We found the car he drove through a few other members that did a stakeout.”

    “That’s awesome,” Williams said. Internally, he was reeling: a stakeout? In the dossier, he found a backgrounder on the student’s parents along with their address. Had armed men followed this kid around? Did they surveil his family home?

    His notes show him wrestling with a decision he hadn’t let himself reckon with before: Was it time to stop being a fly on the wall and start taking action? Did he need to warn someone? The journalists? The police? Breaking character would open the door to disaster. The incident with Kinch’s dog had been a chilling reminder of the risks.

    Williams had been in the militia too long. He was losing his sense of objectivity. The messages were alarming, but were they an imminent threat? He couldn’t tell. Williams had made plans to leave Utah if his cover was blown. He didn’t want to jeopardize two years of effort over a false alarm. But what if he did nothing and this kid got hurt?

    9. The Plan

    By 2023, Williams’ responsibilities were expanding as rapidly as his anxiety. His schedule was packed with events for AP3, the Oath Keepers and a third militia he’d recently gotten inside. He vowed to infiltrate the Proud Boys and got Coates to vouch for him with the local chapter. He prepared plans to penetrate a notorious white supremacist group too.

    His adversaries were gaining momentum as well. Williams soon made the four-hour drive to Kinch’s house for another leadership meeting and was told on tape about a national Oath Keepers recruiting bump; they’d also found contact information for 40,000 former members, which they hoped to use to bring a flood of militiamen back into the fold.

    Despite the risk to his own safety and progress, Williams decided to send the journalists anonymous warnings from burner accounts. He attached sensitive screenshots so that they’d take him seriously. And then … nothing. The reporters never responded; he wondered if the messages went to spam. His secret was still secure.

    But the point of his mission was finally coming into focus. He was done simply playing the part of model militia member. His plan had two parts: After gathering as much compromising information as he could, he would someday release it all online, he told me. He carefully documented anything that looked legally questionable, hoping law enforcement would find something useful for a criminal case. At the very least, going public could make militiamen more suspicious of each other.

    In the meantime, he would undermine the movement from the inside. He began trying to blunt the danger that he saw lurking in every volatile situation the militiamen put themselves in.

    On Jan. 27, 2023, body camera footage from the police killing of Tyre Nichols, an unarmed Black man, became public. “The footage is gruesome and distressing,” The New York Times reported. “Cities across the U.S. are bracing for protests.” The militias had often responded to Black Lives Matter rallies with street brawls and armed patrols.

    Williams had visions of Kyle Rittenhouse-esque shootings in the streets. He put his newly formulated strategy into action, sending messages to militiamen around the country with made-up rumors he hoped would persuade them to stay home.

    In Utah, he wrote to Kinch and the leaders of his other two militias. He would be undercover at the protests in Salt Lake City, he wrote. If any militiamen went, even “a brief look of recognition could blow my cover and put my life in danger.” All three ordered their troops to avoid the event. (“This is a bit of a bummer,” one AP3 member responded. “I’ve got some aggression built up I need to let out.”)

    After the protests, Williams turned on his voice diary and let out a long sigh. For weeks, he’d been nauseous and had trouble eating. He’d developed insomnia that would keep him up until dawn. He’d gone to the rally to watch for militia activity. When he got home, he’d vomited blood.

    Even grocery shopping took hours now. He circled the aisles to check if he was being tailed. Once while driving, he thought he caught someone following him. He’d reached out to a therapist to help “relieve some of this pressure,” he said, but was afraid to speak candidly with him. “I can check his office for bugs and get his electronics out of the office. And then once we’re free, I can tell him what’s going on.”

    He quickly launched into a litany of items on his to-do list. A training exercise to attend. A recording device he needed to find a way to install. “I’m just fucking sick of being around these toxic motherfuckers.”

    “It’s getting to be too much for me.”

    10. The Deep State

    On March 20, Williams called Scot Seddon, the founder of AP3. If he was on the verge of a breakdown, it didn’t impact his performance. I could tell when Williams was trying to advance his agenda as I listened later, but he was subtle about it. Obsequious. Methodical. By day’s end, he’d achieved perhaps his most remarkable feat yet. He’d helped persuade Seddon and his lieutenants to fire the head of AP3’s Utah chapter and to install Williams in his place.

    Now he had access to sensitive records only senior militia leaders could see. He had final say over the group’s actions in an entire state. He knew the coup would make him vastly more effective. Yet that night in his voice diary, Williams sounded like a man in despair.

    The success only added to his paranoia. Becoming a major figure in the Utah militia scene raised a possibility he couldn’t countenance: He might be arrested and sent to jail for some action of his comrades.

    With a sense of urgency now, he focused even more intently on militia ties to government authorities. “I have been still collecting evidence on the paramilitaries’ use of law enforcement,” he said in the diary entry. “It’s way deeper than I thought.”

    He solved the mystery of the Oath Keepers’ “sheriff”: It was the sheriff for Iron County, Utah, a tourist hub near two national parks. He assigned Rowan to dig deeper into the official’s ties with the movement and come back with emails or text messages. (In a recent interview, the sheriff told me that he declined an offer to join the Oath Keepers but that he’s known “quite a few” members and thinks “they’re generally good people.” Coates has periodically contacted him about issues like firearms rules that Coates believes are unconstitutional, the sheriff said. “If I agree, I contact the attorney general’s office.”)

    Claiming to work on “a communication strategy for reaching out to law enforcement,” Williams then goaded AP3 members into bragging about their police connections. They told him about their ties with high-ranking officers in Missouri and in Louisiana, in Texas and in Tennessee.

    The revelations terrified him. “When this gets out, I think I’m probably going to flee overseas,” he said in his diary. “They have too many connections.” What if a cop ally helped militants track him down? “I don’t think I can safely stay within the United States.”

    Four days later, he tuned into a Zoom seminar put on by a fellow AP3 leader. It was a rambling and sparsely attended meeting. But 45 minutes in, a woman brought up an issue in her Virginia hometown, population 23,000.

    The town’s vice mayor, a proud election denier, was under fire for a homophobic remark. She believed a local reporter covering the controversy was leading a secret far-left plot. What’s more, the reporter happened to be her neighbor. To intimidate her, she said, he’d been leaving dead animals on her lawn.

    “I think I have to settle a score with this guy,” she concluded. “They’re getting down to deep state local level and it’s got to be stopped.” After the call, Williams went to turn off his recording device. “Well, that was fucking insane,” he said aloud.

    He soon reached out to the woman to offer his advice. Maybe he could talk her down, Williams thought, or at least determine what she meant by settling a score. But she wasn’t interested in speaking with him. So again he faced a choice: do nothing or risk his cover being blown. He finally came to the same conclusion he had the last time he’d feared journalists were in jeopardy. On March 31, he sent an anonymous warning.

    “Because she is a member of a right wing militia group and is heavily armed, I wanted to let you know,” Williams wrote to the reporter. “I believe her to be severely mentally ill and I believe her to be dangerous. For my own safety, I cannot reveal more.”

    He saw the article the next morning. The journalist had published 500 words about the disturbing email he’d gotten, complete with a screenshot of Williams’ entire note. Only a few people had joined that meandering call. Surely only Williams pestered the woman about it afterwards. There could be little doubt that he was the mole.

    He pulled the go bag from his closet and fled. A few days later, while on the run, Williams recorded the final entries in his diary. Amid the upheaval, he sounded surprised to feel a sense of relief: “I see the light at the end of the tunnel for the first time in two and a half years.”

    Coda: Project 2025

    It was seven days before the 2024 presidential election. Williams had insisted I not bring my phone, on the off chance my movements were being tracked. We were finally meeting for the first time, in a city that he asked me not to disclose. He entered the cramped hotel room wearing a camo hat, hiking shoes and a “Spy vs. Spy” comic strip T-shirt. “Did you pick the shirt to match the occasion?” I asked. He laughed. “Sometimes I can’t help myself.”

    We talked for days, with Williams splayed across a Best Western office chair beside the queen bed. He evoked an aging computer programmer with 100 pounds of muscle attached, and he seemed calmer than on the phone, endearingly offbeat. The vision he laid out — of his own future and of the country’s — was severe.

    After he dropped everything and went underground, Williams spent a few weeks in the desert. He threw his phone in a river, flushed documents down the toilet and switched apartments when he returned to civilization. At first, he spent every night by the door ready for an attack; if anyone found him and ambushed him, it’d happen after dark, he figured. No one ever came, and he began to question if he’d needed to flee at all. The insomnia of his undercover years finally abated. He began to sketch out the rest of his life.

    Initially, he hoped to connect with lawmakers in Washington, helping them craft legislation to combat the militia movement. By last summer, those ambitions had waned. Over time, he began to wrestle with his gift for deceiving people who trusted him. “I don’t necessarily like what it says about me that I have a talent for this,” he said.

    To me, it seemed that the ordeal might be starting to change him. He’d become less precise in consistently adhering to the facts in recent weeks, I thought, more grandiose in his account of his own saga. But then for long stretches, he’d speak with the same introspection and attention to detail that he showed on our first calls. His obsession with keeping the Tyre Nichols protestors safe was myopic, he told me, a case of forgetting the big picture to quash the few dangers he could control.

    Williams believes extremists will try to murder him after this story is published. And if they fail, he thinks he’ll “live to see the United States cease to exist.” He identifies with the violent abolitionist John Brown, who tried to start a slave revolt two years before the American Civil War and was executed. Williams thinks he himself may not be seen as such a radical soon, he told me. “I wonder if I’m maybe a little too early.”

    I’d thought Williams was considering a return to a quiet life. Our two intense years together had been a strain sometimes even for me. But in the hotel room, he explained his plans for future operations against militias: “Until they kill me, this is what I’m doing.” He hopes to inspire others to follow in his footsteps and even start his own vigilante collective, running his own “agents” inside the far right.

    In August, I published my investigation into AP3. (I used his records but did not otherwise rely on Williams as an anonymous source.) It was a way of starting to lay out what I’d learned since his first email: what’s driving the growth of militias, how they keep such a wide range of people united, the dangerous exploits that they’ve managed to keep out of public view.

    Two months later, Williams published an anonymous essay. He revealed that he’d infiltrated the group as an “independent activist” and had sent me files. He wanted to test how the militia would respond to news of a mole.

    The result was something he long had hoped for: a wave of paranoia inside AP3. “It’s a fucking risky thing we get involved in,” Seddon, the group’s founder, said in a private message. “Fucking trust nobody. There’s fucking turncoats everywhere.” (Seddon declined to comment for this story. He then sent a short follow-up email: “MAGA.”)

    Sowing that distrust is why Williams is going on the record, albeit without his original name. He still plans to release thousands of files after this article is published — evidence tying sheriffs and police officers to the movement, his proudest coup, plus other records he hopes could become ammo for lawsuits. But Williams wants to let his former comrades know “a faggot is doing this to them.” He thinks his story could be his most effective weapon.

    Every time militia members make a phone call, attend a meeting or go to a gun range together, he wants them “to be thinking, in the back of their heads, ‘This guy will betray me.’”

    Via ProPublica

    Joshua Kaplan has been a reporter at ProPublica since 2020.

    In 2023, he and his colleagues revealed how a set of billionaires secretly provided decades of lavish gifts and luxury travel to Supreme Court justices. Those stories won the Pulitzer Prize for public service and helped prompt the Supreme Court to adopt its first-ever code of conduct.

    He has also reported on the U.S. military’s withdrawal from Afghanistan, the Jan. 6 riot at the U.S. Capitol, and misconduct by undercover police officers, among other subjects.

    In addition to the Pulitzer Prize, Kaplan’s work has received national honors including two George Polk Awards, the Selden Ring Award, an Investigative Reporters and Editors medal and an Edward R. Murrow Award. He holds a degree in mathematics from the University of Chicago.

  • ]]>
    The American Oil Industry’s Playbook, Illustrated: How Drillers Offload Costly Cleanup Onto the Public https://www.juancole.com/2024/12/american-industrys-illustrated.html Tue, 31 Dec 2024 05:04:37 +0000 https://www.juancole.com/?p=222290

    Oil executive Tom Ragsdale walked away from his old wells, making the pollution left behind the state of New Mexico’s problem. His tactics, however, are ubiquitous in the industry.

    by Mark Olalde.

    ( ProPublica ) – In December 1990, officials in the federal agency tasked with regulating offshore oil and gas drilling received a memo with a dire warning: America faced a ticking time bomb of environmental liability from unplugged oil and gas wells, wrote the agency’s chief of staff. Those wells and their costly cleanup obligations were being concentrated in the hands of cash-strapped drillers at the same time as production was shrinking. (The document, unearthed by public interest watchdog organization Documented, was shared with ProPublica and Capital & Main.)

    More than three decades later, little action has been taken to heed that warning, and the time bomb is threatening to explode.

    More than 2 million oil and gas wells sit unplugged across the country. Many leak contaminants like brine, methane and benzene into waterways, farmland and neighborhoods. The industry has already left hundreds of thousands of old wells as orphans, meaning companies walked away, leaving taxpayers, government agencies or other drillers on the hook for cleanup.

    America’s oil fields are increasingly split between a small number of wells producing record profits and everything else. Researchers estimate roughly 90% of wells are already dead or barely producing.

    Consider the Permian Basin, the world’s most productive oil field, stretching from West Texas across southeastern New Mexico.

    “The Permian is the oil patch’s Alamo — that’s where it’s retreating to,” Regan Boychuk, a Canadian oil cleanup researcher, said of the oil industry. “That’s their last stand.”

    Even here, many wells sit idle and in disrepair. It’s time to plug them, according to a growing chorus of researchers, environmentalists and industry representatives.

    The question of who pays for cleanup remains unanswered. Time and again, oil companies have offloaded their oldest wells. Their tactics are not written down in one place or peddled by a single law firm — but companies follow an unmistakable pattern. The strategy, which is legal if followed properly, has become such a tried-and-true endeavor that researchers and environmentalists dubbed it “the playbook.”

    Clark Williams-Derry, an analyst with clean-energy-focused think tank the Institute for Energy Economics and Financial Analysis, studies fossil fuel companies’ cleanup costs. “There’s almost a cheerleading squad for shedding your liabilities, like a snake sheds its skin and just slithers away,” he said.

    Should you want to become an oil executive and try this strategy yourself, here’s how it works …

    As you launch your business, begin by collecting subsidies, tax breaks and other incentives from the government to guarantee you can pump oil and gas profitably. Globally, fossil fuel subsidies total in the trillions each year, according to organizations such as the International Monetary Fund.

    Next, start pumping and profiting.

    As you set up your business, create layers of shell companies. Down the road, they’ll provide a firewall between you and your liabilities — key among them, cleanup costs.

    Once oil and gas production slows, sell low-producing wells. Smaller drillers operating on thinner margins, known in the business as “scavenger companies,” will be happy to take them off your hands.

    Rinse and repeat by selling wells as their profits slow to a trickle. They’ll be sold again to ever-smaller companies that teeter on the edge of insolvency. Maintenance and environmental stewardship will usually fall by the wayside as companies eke out a profit. Studies show that the number of environmental violations rises as wells pass to less-capitalized drillers. But these wells aren’t your problem any longer.

    Pull any remaining profits before regulators hit you with violations and fines for your remaining wells that aren’t pumping and may be leaking.

    Then, idle the wells — pausing production, but not plugging them or cleaning up — and walk away. Regulators are typically tasked with ensuring that as much oil as possible is pumped out of the ground, so rules allow wells to sit idle, instead of being plugged, in case prices surge and it becomes profitable to restart them. However, a study in California found that, after wells are inactive for only 10 months, there’s a 50-50 chance they will never produce again.

    Regulators will likely grow tired of asking you to clean up your wells, but you can make the case for leaving them unplugged for now. Pitch grand plans, as other drillers have — maybe repurposing the wells for bitcoin mining, carbon sequestration or the synthesis of hydrogen fuel — that require the wells to remain open.

    When regulators’ patience has reached its limit, remind them what will happen if they come down hard on you. Fines or other extra costs could force your business into bankruptcy, leaving your unplugged wells as orphans and taxpayers on the hook. Ask them if they want to be responsible for that catastrophe.

    “The root of the problem is there’s no regulator of the oil industry across North America,” Boychuk said, adding that “the rule of law has never applied to oil and gas.”

    When regulators finally act, declare bankruptcy. The Bankruptcy Code is meant to protect businesspeople like you who took risks. More than 250 oil and gas operators in the U.S. filed for bankruptcy protection between 2015 and 2021, according to law firm Haynes Boone. (Industry groups estimate there are several thousand oil companies in the country.)

    Regulators only require oil and gas companies to set aside tiny bonds that act like a security deposit on an apartment. Because you didn’t clean up your wells, you’ll lose that money, but it’s a fraction of the profits you’ve banked or the cost of the cleanup work. ProPublica and Capital & Main found that bonds typically equal less than 2% of actual cleanup costs.

    And as you finalize your exit, the labyrinth of shell corporations you set up should act as corporate law intends, protecting you from future responsibility. Such companies, little more than stacks of paper, will be responsible for your liabilities, not you. Even if regulators know who is behind a company, it becomes increasingly difficult to penetrate each layer of a business to go after individual executives.

    “It’s the essence of corporate law,” Williams-Derry said.

    Now that you’ve offloaded your wells, you’re free to start fresh — launch a new oil company and buy some of your old wells for pennies on the dollar, a proven option. Maybe you leave oil entirely — that’s also tried-and-true. Or become a vintner and open a winery just down the road from the wells you left as orphans — you wouldn’t be the first.

    For its part, the oil industry downplays the so-called playbook and the country’s orphan well epidemic. “There’s a general trend, which is there are very few orphan wells,” said Kathleen Sgamma, who has been among oil companies’ most vocal proponents as president of the Western Energy Alliance, an industry trade group. Plus, she said, companies’ bonds and states’ orphan well funds help pay for plugging.

    But those tasked with addressing the reality of the country’s orphan wells disagree. “We have a welfare system for oil and gas. I hope you understand that,” said New Mexico Commissioner of Public Lands Stephanie Garcia Richard, who oversees the state’s public lands. New Mexico has already documented more than 1,700 orphan wells across the state. “We have oil and gas welfare queens.”

    In New Mexico, Garcia Richard is trying to hold accountable one of the myriad drillers that have followed key steps in the playbook, the oil company known as Siana.

    Siana is made up of two related entities — Siana Oil and Gas Co. LLC and Siana Operating LLC — based in Midland and Conroe, Texas. The company operated 11 wells in southeastern New Mexico in the heart of the Permian Basin.

    In reality, Siana is the corporate shield for a man named Tom Ragsdale. After he aggregated his few wells, he generated cash through a trickle of oil and gas production and set up a business injecting other companies’ wastewater into his wells to dispose of it. But the state worried that Ragsdale’s operations were polluting the environment and that he was refusing to pay royalties and rental fees he owed the state, according to State Land Office staff.

    Ragsdale did not respond to repeated requests for comment from ProPublica and Capital & Main. He also did not appear for a pretrial conference after the state brought legal action against Siana, court records show, and a state court judge ruled against his companies.

    Siana was responsible for at least 16 spills, according to New Mexico Oil Conservation Division data, mainly spilling what’s called produced water, a briny wastewater that comes to the surface alongside oil and gas. “Corrosion” and “Equipment Failure” were among the causes.

    The State Land Office hired an engineering firm to study the damage. The firm produced a damning 201-page report in 2018, finding oil and salt contamination exceeding state limits at Siana’s most polluted site. At high enough levels, these substances can kill plants, harm wildlife and impact human health.

    The State Land Office estimated that cleaning up that site alone would cost about $1 million.

    In 2020, New Mexico won a judgment against Ragsdale’s companies that, with interest, is now worth more than $3.5 million. But it won’t cover the cleanup cost. Between a small bond and the judgment, the state has been able to recover a mere $50,000 or so from Siana and related entities.

    When the state tried to collect the rest, Ragsdale placed Siana Oil and Gas in bankruptcy protection in June 2023. Although he listed the company as having millions in assets at the time of the bankruptcy, the company had only $20,500 in a bank account. Court records show Siana is responsible for between $1 million and $10 million in liabilities, including money owed to the state of New Mexico, other oil companies, various counties and others.

    Stickers plastered around Siana’s drill sites — on which the company’s name is misspelled — provide phone numbers to call in case of leaks or other emergencies. None went to Ragsdale or Siana employees. A man named William Dean answered one number. He owned a local oil field services company called Dean’s Pumping that was contracted to work on Siana’s wells, but Ragsdale stopped paying its bills, ultimately owing his company tens of thousands of dollars, Dean said.

    “He was trying to half-ass things,” Dean said of Ragsdale. “I don’t know what happened to Tom.”

    Siana’s bankruptcy case is ongoing, but Ragsdale has been largely unresponsive even in those proceedings.

    Siana is, Garcia Richard said, “an exemplar of how our system has failed.” Although he was very nearly free of his old wells, Ragsdale flouted the playbook and ignored the bankruptcy judge’s demands that he participate in the case. In an unusual move, the judge in late September issued a warrant for Ragsdale’s arrest to compel him to hand over certain data. The U.S. Marshals Service was investigating Ragsdale’s whereabouts but had not taken him into custody as of mid-December, according to an agency representative.


    “Oil Corporations,” Digital, ChatGPT, 2024

    The day after the judge issued the arrest warrant, the bankruptcy trustee filed a complaint alleging Ragsdale had committed fraud, siphoning about $2.4 million from Siana to purchase real estate in Houston.

    That money could have gone toward cleaning up the mess left to New Mexico taxpayers.

    ProPublica and Capital & Main visited Siana’s 11 wells in late 2023. At one drill site, methane leaked from a wellhead that had also stained the surrounding land black from spilled oil. The air was sour with the smell of toxic hydrogen sulfide. A nearby tank that held oil for processing was rusted through. Another had leaked an unidentified liquid. There appeared to be hoofprints where cattle had tracked through the polluted mud.

    ProPublica and Capital & Main found oil spills at multiple Siana wells. At others, the idle pump jacks stood silent — corroded skeletons at the end of the line, the detritus of another run through the playbook.

    Efforts to reform the system that has shielded oil companies from liability have been haphazard. When the federal government rewrote its rule setting bond levels on federal public land earlier this year, a simple math error meant the government would ask oil companies to set aside around $400 million less in bonds than it would’ve otherwise. And when states have tried to pass reforms, they’ve been stymied by state legislators’ and regulators’ chummy relationships with the industry.

    As an ever-greater share of wells go offline and the economy transitions to cleaner forms of energy, policymakers face a choice: Do they focus attention on propping up or cleaning up the industry?

    Sgamma of the Western Energy Alliance gives voice to one path forward. “Any time a well goes into an orphan status, it’s not a good thing,” Sgamma said, yet her group has been instrumental in killing efforts to address the orphan well epidemic and the oil industry’s contributions to climate change. Her organization is suing to halt the federal rule that sought to bring bonding levels closer to true plugging costs.

    Sgamma co-authored the energy section of Project 2025, the conservative policy paper with deep ties to the first Trump administration that lays out policy priorities for a conservative White House. The plan would “Stop the war on oil and natural gas,” reopen undeveloped habitat from Alaska to Colorado for drilling, increase the number of sales for oil leases on public lands and shrink federal environmental agencies. President-elect Donald Trump has repeatedly indicated this closely aligns with his vision for pumping America’s “liquid gold.” He has begun staffing his administration with pro-oil and gas figures.

    The future for which Sgamma is fighting sees a resilient American oil and gas industry, able to “take a lot of punches” while continuing to grow unabated.

    Or there’s the future Garcia Richard, who oversees New Mexico’s public land, envisions. She has paused the leasing of public land to drillers until the Legislature forces oil companies to pay state taxpayers higher royalties that reflect fair market rates. She directed her staff to aggressively pursue companies like Siana. And her office is preparing to raise required bonding levels. As she talked about this work, she held up the literal rubber stamp that imparts the State Land Office’s seal on documents, suggesting that’s not how business is done anymore. She also held up a small notebook where she tracks the numerous companies her office is pursuing for polluting the state’s land and water.

    In her future, Garcia Richard said, oil drillers wouldn’t behave like Siana and Ragsdale. “A good-acting company is a company that understands there’s a cost of doing business that shouldn’t be borne by the landowner, shouldn’t be borne by the taxpayers,” she said. But in the modern American oil industry, she added, the playbook and the still-burning fuse of the cleanup time bomb represent little more than “Wild West behavior.”

    Mark Olalde is a reporter at ProPublica covering the environment in the Southwest.

    mark.olalde@propublica.org

    ]]>
    A Third Woman Died Under Texas’ Abortion Ban. Doctors Are Avoiding D&Cs and Reaching for Riskier Miscarriage Treatments https://www.juancole.com/2024/11/reaching-miscarriage-treatments.html Tue, 26 Nov 2024 05:06:44 +0000 https://www.juancole.com/?p=221724 By Lizzie Presser and Kavitha Surana

    Thirty-five-year-old Porsha Ngumezi’s case raises questions about how abortion bans are pressuring doctors to avoid standard care even in straightforward miscarriages.

    ( ProPublica ) – Wrapping his wife in a blanket as she mourned the loss of her pregnancy at 11 weeks, Hope Ngumezi wondered why no obstetrician was coming to see her.

    Over the course of six hours on June 11, 2023, Porsha Ngumezi had bled so much in the emergency department at Houston Methodist Sugar Land that she’d needed two transfusions. She was anxious to get home to her young sons, but, according to a nurse’s notes, she was still “passing large clots the size of grapefruit.”

    Hope dialed his mother, a former physician, who was unequivocal. “You need a D&C,” she told them, referring to dilation and curettage, a common procedure for first-trimester miscarriages and abortions. If a doctor could remove the remaining tissue from her uterus, the bleeding would end.

    But when Dr. Andrew Ryan Davis, the obstetrician on duty, finally arrived, he said it was the hospital’s “routine” to give a drug called misoprostol to help the body pass the tissue, Hope recalled. Hope trusted the doctor. Porsha took the pills, according to records, and the bleeding continued.

    Three hours later, her heart stopped.

    The 35-year-old’s death was preventable, according to more than a dozen doctors who reviewed a detailed summary of her case for ProPublica. Some said it raises serious questions about how abortion bans are pressuring doctors to diverge from the standard of care and reach for less-effective options that could expose their patients to more risks. Doctors and patients described similar decisions they’ve witnessed across the state.

    It was clear Porsha needed an emergency D&C, the medical experts said. She was hemorrhaging and the doctors knew she had a blood-clotting disorder, which put her at greater danger of excessive and prolonged bleeding. “Misoprostol at 11 weeks is not going to work fast enough,” said Dr. Amber Truehart, an OB-GYN at the University of New Mexico Center for Reproductive Health. “The patient will continue to bleed and have a higher risk of going into hemorrhagic shock.” The medical examiner found the cause of death to be hemorrhage.

    D&Cs — a staple of maternal health care — can be lifesaving. Doctors insert a straw-like tube into the uterus and gently suction out any remaining pregnancy tissue. Once the uterus is emptied, it can close, usually stopping the bleeding.

    But because D&Cs are also used to end pregnancies, the procedure has become tangled up in state legislation that restricts abortions. In Texas, any doctor who violates the strict law risks up to 99 years in prison. Porsha’s is the fifth case ProPublica has reported in which women died after they did not receive a D&C or its second-trimester equivalent, a dilation and evacuation; three of those deaths were in Texas.

    Texas doctors told ProPublica the law has changed the way their colleagues see the procedure; some no longer consider it a first-line treatment, fearing legal repercussions or dissuaded by the extra legwork required to document the miscarriage and get hospital approval to carry out a D&C. This has occurred, ProPublica found, even in cases like Porsha’s where there isn’t a fetal heartbeat or the circumstances should fall under an exception in the law. Some doctors are transferring those patients to other hospitals, which delays their care, or they’re defaulting to treatments that aren’t the medical standard.

    Misoprostol, the medicine given to Porsha, is an effective method to complete low-risk miscarriages but is not recommended when a patient is unstable. The drug is also part of a two-pill regimen for abortions, yet administering it may draw less scrutiny than a D&C because it requires a smaller medical team and because the drug is commonly used to induce labor and treat postpartum hemorrhage. Since 2022, some Texas women who were bleeding heavily while miscarrying have gone public about only receiving medication when they asked for D&Cs. One later passed out in a pool of her own blood.

    “Stigma and fear are there for D&Cs in a way that they are not for misoprostol,” said Dr. Alison Goulding, an OB-GYN in Houston. “Doctors assume that a D&C is not standard in Texas anymore, even in cases where it should be recommended. People are afraid: They see D&C as abortion and abortion as illegal.”

    Doctors and nurses involved in Porsha’s care did not respond to multiple requests for comment.

    Several physicians who reviewed the summary of her case pointed out that Davis’ post-mortem notes did not reflect nurses’ documented concerns about Porsha’s “heavy bleeding.” After Porsha died, Davis wrote instead that the nurses and other providers described the bleeding as “minimal,” though no nurses wrote this in the records. ProPublica tried to ask Davis about this discrepancy. He did not respond to emails, texts or calls.

    Houston Methodist officials declined to answer a detailed list of questions about Porsha’s treatment. They did not comment when asked whether Davis’ approach was the hospital’s “routine.” A spokesperson said that “each patient’s care is unique to that individual.”

    “All Houston Methodist hospitals follow all state laws,” the spokesperson added, “including the abortion law in place in Texas.”

    “We Need to See the Doctor”

    Hope marveled at the energy Porsha had for their two sons, ages 5 and 3. Whenever she wasn’t working, she was chasing them through the house or dancing with them in the living room. As a finance manager at a charter school system, she was in charge of the household budget. As an engineer for an airline, Hope took them on flights around the world — to Chile, Bali, Guam, Singapore, Argentina.

    The two had met at Lamar University in Beaumont, Texas. “When Porsha and I began dating,” Hope said, “I already knew I was going to love her.” She was magnetic and driven, going on to earn an MBA, but she was also gentle with him, always protecting his feelings. Both were raised in big families and they wanted to build one of their own.

    When he learned Porsha was pregnant again in the spring of 2023, Hope wished for a girl. Porsha found a new OB-GYN who said she could see her after 11 weeks. Ten weeks in, though, Porsha noticed she was spotting. Over the phone, the obstetrician told her to go to the emergency room if it got worse.

    To celebrate the end of the school year, Porsha and Hope took their boys to a water park in Austin, and as they headed back, on June 11, Porsha told Hope that the bleeding was heavier. They decided Hope would stay with the boys at home until a relative could take over; Porsha would drive to the emergency room at Houston Methodist Sugar Land, one of seven community hospitals that are part of the Houston Methodist system.

    At 6:30 p.m, three hours after Porsha arrived at the hospital, she saw huge clots in the toilet. “Significant bleeding,” the emergency physician wrote. “I’m starting to feel a lot of pain,” Porsha texted Hope. Around 7:30 p.m., she wrote: “She said I might need surgery if I don’t stop bleeding,” referring to the nurse. At 7:50 p.m., after a nurse changed her second diaper in an hour: “Come now.”

    Still, the doctor didn’t mention a D&C at this point, records show. Medical experts told ProPublica that this wait-and-see approach has become more common under abortion bans. Unless there is “overt information indicating that the patient is at significant risk,” hospital administrators have told physicians to simply monitor them, said Dr. Robert Carpenter, a maternal-fetal medicine specialist who works in several hospital systems in Houston. Methodist declined to share its miscarriage protocols with ProPublica or explain how it is guiding doctors under the abortion ban.

    As Porsha waited for Hope, a radiologist completed an ultrasound and noted that she had “a pregnancy of unknown location.” The scan detected a “sac-like structure” but no fetus or cardiac activity. This report, combined with her symptoms, indicated she was miscarrying.

    But the ultrasound record alone was less definitive from a legal perspective, several doctors explained to ProPublica. Since Porsha had not had a prenatal visit, there was no documentation to prove she was 11 weeks along. On paper, this “pregnancy of unknown location” diagnosis could also suggest that she was only a few weeks into a normally developing pregnancy, when cardiac activity wouldn’t be detected. Texas outlaws abortion from the moment of fertilization; a record showing there is no cardiac activity isn’t enough to give physicians cover to intervene, experts said.

    Dr. Gabrielle Taper, who recently worked as an OB-GYN resident in Austin, said that she regularly witnessed delays after ultrasound reports like these. “If it’s a pregnancy of unknown location, if we do something to manage it, is that considered an abortion or not?” she said, adding that this was one of the key problems she encountered. After the abortion ban went into effect, she said, “there was much more hesitation about: When can we intervene, do we have enough evidence to say this is a miscarriage, how long are we going to wait, what will we use to feel definitive?”

    At Methodist, the emergency room doctor reached Davis, the on-call OB-GYN, to discuss the ultrasound, according to records. They agreed on a plan of “observation in the hospital to monitor bleeding.”

    Around 8:30 p.m., just after Hope arrived, Porsha passed out. Terrified, he took her head in his hands and tried to bring her back to consciousness. “Babe, look at me,” he told her. “Focus.” Her blood pressure was dipping dangerously low. She had held off on accepting a blood transfusion until he got there. Now, as she came to, she agreed to receive one and then another.

    By this point, it was clear that she needed a D&C, more than a dozen OB-GYNs who reviewed her case told ProPublica. She was hemorrhaging, and the standard of care is to vacuum out the residual tissue so the uterus can clamp down, physicians told ProPublica.

    “Complete the miscarriage and the bleeding will stop,” said Dr. Lauren Thaxton, an OB-GYN who recently left Texas.

    “At every point, it’s kind of shocking,” said Dr. Daniel Grossman, a professor of obstetrics and gynecology at the University of California, San Francisco who reviewed Porsha’s case. “She is having significant blood loss and the physician didn’t move toward aspiration.”

    All Porsha talked about was her devastation of losing the pregnancy. She was cold, crying and in extreme pain. She wanted to be at home with her boys. Unsure what to say, Hope leaned his chest over the cot, passing his body heat to her.


    Image by Sasin Tipchai from Pixabay

    At 9:45 p.m., Esmeralda Acosta, a nurse, wrote that Porsha was “continuing to pass large clots the size of grapefruit.” Fifteen minutes later, when the nurse learned Davis planned to send Porsha to a floor with fewer nurses, she “voiced concern” that he wanted to take her out of the emergency room, given her condition, according to medical records.

    At 10:20 p.m., seven hours after Porsha arrived, Davis came to see her. Hope remembered what his mother had told him on the phone earlier that night: “She needs a D&C.” The doctor seemed confident about a different approach: misoprostol. If that didn’t work, Hope remembers him saying, they would move on to the procedure.

    A pill sounded good to Porsha because the idea of surgery scared her. Davis did not explain that a D&C involved no incisions, just suction, according to Hope, or tell them that it would stop the bleeding faster. The Ngumezis followed his recommendation without question. “I’m thinking, ‘He’s the OB, he’s probably seen this a thousand times, he probably knows what’s right,’” Hope said.

    But more than a dozen doctors who reviewed Porsha’s case were concerned by this recommendation. Many said it was dangerous to give misoprostol to a woman who’s bleeding heavily, especially one with a blood clotting disorder. “That’s not what you do,” said Dr. Elliott Main, the former medical director for the California Maternal Quality Care Collaborative and an expert in hemorrhage, after reviewing the case. “She needed to go to the operating room.” Main and others said doctors are obliged to counsel patients on the risks and benefits of all their options, including a D&C.

    Performing a D&C, though, attracts more attention from colleagues, creating a higher barrier in a state where abortion is illegal, explained Goulding, the OB-GYN in Houston. Staff are familiar with misoprostol because it’s used for labor, and it only requires a doctor and a nurse to administer it. To do a procedure, on the other hand, a doctor would need to find an operating room, an anesthesiologist and a nursing team. “You have to convince everyone that it is legal and won’t put them at risk,” said Goulding. “Many people may be afraid and misinformed and refuse to participate — even if it’s for a miscarriage.”

    Davis moved Porsha to a less-intensive unit, according to records. Hope wondered why they were leaving the emergency room if the nurse seemed so worried. But instead of pushing back, he rubbed Porsha’s arms, trying to comfort her. The hospital was reputable. “Since we were at Methodist, I felt I could trust the doctors.”

    On their way to the other ward, Porsha complained of chest pain. She kept remarking on it when they got to the new room. From this point forward, there are no nurse’s notes recording how much she continued to bleed. “My wife says she doesn’t feel right, and last time she said that, she passed out,” Hope told a nurse. Furious, he tried to hold it together so as not to alarm Porsha. “We need to see the doctor,” he insisted.

    Her vital signs looked fine. But many physicians told ProPublica that when healthy pregnant patients are hemorrhaging, their bodies can compensate for a long time, until they crash. Any sign of distress, such as chest pain, could be a red flag; the symptom warranted investigation with tests, like an electrocardiogram or X-ray, experts said. To them, Porsha’s case underscored how important it is that doctors be able to intervene before there are signs of a life-threatening emergency.

    But Davis didn’t order any tests, according to records.

    Around 1:30 a.m., Hope was sitting by Porsha’s bed, his hands on her chest, telling her, “We are going to figure this out.” They were talking about what she might like for breakfast when she began gasping for air.

    “Help, I need help!” he shouted to the nurses through the intercom. “She can’t breathe.”

    “All She Needed”

    Hours later, Hope returned home in a daze. “Is mommy still at the hospital?” one of his sons asked. Hope nodded; he couldn’t find the words to tell the boys they’d lost their mother. He dressed them and drove them to school, like the previous day had been a bad dream. He reached for his phone to call Porsha, as he did every morning that he dropped the kids off. But then he remembered that he couldn’t.

    Friends kept reaching out. Most of his family’s network worked in medicine, and after they said how sorry they were, one after another repeated the same message. All she needed was a D&C, said one. They shouldn’t have given her that medication, said another. It’s a simple procedure, the callers continued. We do this all the time in Nigeria.

    Since Porsha died, several families in Texas have spoken publicly about similar circumstances. This May, when Ryan Hamilton’s wife was bleeding while miscarrying at 13 weeks, the first doctor they saw at Surepoint Emergency Center Stephenville noted no fetal cardiac activity and ordered misoprostol, according to medical records. When they returned because the bleeding got worse, an emergency doctor on call, Kyle Demler, said he couldn’t do anything considering “the current stance” in Texas, according to Hamilton, who recorded his recollection of the conversation shortly after speaking with Demler. (Neither Surepoint Emergency Center Stephenville nor Demler responded to several requests for comment.)

    They drove an hour to another hospital asking for a D&C to stop the bleeding, but there, too, the physician would only prescribe misoprostol, medical records indicate. Back home, Hamilton’s wife continued bleeding until he found her passed out on the bathroom floor. “You don’t think it can really happen like that,” said Hamilton. “It feels like you’re living in some sort of movie, it’s so unbelievable.”

    Across Texas, physicians say they blame the law for interfering with medical care. After ProPublica reported last month on two women who diedafter delays in miscarriage care, 111 OB-GYNs sent a letter to Texas policymakers, saying that “the law does not allow Texas women to get the lifesaving care they need.”

    Dr. Austin Dennard, an OB-GYN in Dallas, told ProPublica that if one person on a medical team doubts the doctor’s choice to proceed with a D&C, the physician might back down. “You constantly feel like you have someone looking over your shoulder in a punitive, vigilante type of way.”

    The criminal penalties are so chilling that even women with diagnoses included in the law’s exceptions are facing delays and denials. Last year, for example, legislators added an update to the ban for patients diagnosed with previable premature rupture of membranes, in which a patient’s water breaks before a fetus can survive. Doctors can still face prosecution for providing abortions in those cases, but they are offered the chance to justify themselves with what’s called an “affirmative defense,” not unlike a murder suspect arguing self defense. This modest change has not stopped some doctors from transferring those patients instead of treating them; Dr. Allison Gilbert, an OB-GYN in Dallas, said doctors send them to her from other hospitals. “They didn’t feel like other staff members would be comfortable proceeding with the abortion,” she said. “It’s frustrating that places still feel like they can’t act on some of these cases that are clearly emergencies.” Women denied treatment for ectopic pregnancies, another exception in the law, have filed federal complaints.

    In response to ProPublica’s questions about Houston Methodist’s guidance on miscarriage management, a spokesperson, Gale Smith, said that the hospital has an ethics committee, which can usually respond within hours to help physicians and patients make “appropriate decisions” in compliance with state laws.

    After Porsha died, Davis described in the medical record a patient who looked stable: He was tracking her vital signs, her bleeding was “mild” and she was “said not to be in distress.” He ordered bloodwork “to ensure patient wasn’t having concerning bleeding.” Medical experts who reviewed Porsha’s case couldn’t understand why Davis noted that a nurse and other providers reported “decreasing bleeding” in the emergency department when the record indicated otherwise. “He doesn’t document the heavy bleeding that the nurse clearly documented, including the significant bleeding that prompted the blood transfusion, which is surprising,” Grossman, the UCSF professor, said.

    Patients who are miscarrying still don’t know what to expect from Houston Methodist.

    This past May, Marlena Stell, a patient with symptoms nearly identical to Porsha’s, arrived at another hospital in the system, Houston Methodist The Woodlands. According to medical records, she, too, was 11 weeks along and bleeding heavily. An ultrasound confirmed there was no fetal heartbeat and indicated the miscarriage wasn’t complete. “I assumed they would do whatever to get the bleeding to stop,” Stell said.

    Instead, she bled for hours at the hospital. She wanted a D&C to clear out the rest of the tissue, but the doctor gave her methergine, a medication that’s typically used after childbirth to stop bleeding but that isn’t standard care in the middle of a miscarriage, doctors told ProPublica. “She had heavy bleeding, and she had an ultrasound that’s consistent with retained products of conception.” said Dr. Jodi Abbott, an associate professor of obstetrics and gynecology at Boston University School of Medicine, who reviewed the records. “The standard of care would be a D&C.”

    Stell says that instead, she was sent home and told to “let the miscarriage take its course.” She completed her miscarriage later that night, but doctors who reviewed her case, so similar to Porsha’s, said it showed how much of a gamble physicians take when they don’t follow the standard of care. “She got lucky — she could have died,” Abbott said. (Houston Methodist did not respond to a request for comment on Stell’s care.)

    It hadn’t occurred to Hope that the laws governing abortion could have any effect on his wife’s miscarriage. Now it’s the only explanation that makes sense to him. “We all know pregnancies can come out beautifully or horribly,” Hope told ProPublica. “Instead of putting laws in place to make pregnancies safer, we created laws that put them back in danger.”

    For months, Hope’s youngest son didn’t understand that his mom was gone. Porsha’s long hair had been braided, and anytime the toddler saw a woman with braids from afar, he would take off after her, shouting, “That’s mommy!”

    A couple weeks ago, Hope flew to Amsterdam to quiet his mind. It was his first trip without Porsha, but as he walked the city, he didn’t know how to experience it without her. He kept thinking about how she would love the Christmas lights and want to try all the pastries. How she would have teased him when he fell asleep on a boat tour of the canals. “I thought getting away would help,” he wrote in his journal. “But all I’ve done is imagine her beside me.”

    Mariam Elba and Lexi Churchill contributed research.

    * Lizzie Presser covers health, inequality and how policy is experienced at ProPublica. She was previously a contributing writer for The California Sunday Magazine, and her work has appeared in The New Yorker, The Guardian, This American Life and others. Her story “The Dispossessed,” published in partnership with The New Yorker, won the George Polk Award for Magazine Reporting and the John Bartlow Martin Award for Public Interest Magazine Journalism in 2020. She is a two-time finalist for the Livingston Award and the National Magazine Award.

    * Kavitha Surana is a reporter at ProPublica.

    ProPublica

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    Inside the State Department’s Weapons Pipeline to Israel https://www.juancole.com/2024/10/departments-weapons-pipeline.html Sat, 05 Oct 2024 04:06:22 +0000 https://www.juancole.com/?p=220830 By Brett Murphy | –

    ( ProPublica ) – Ambassador Jack Lew urged Washington to give thousands more bombs to the Israelis because they have a “decades-long proven track record” of avoiding killing civilians.

  • A Thank-You: After State Department officials spent months working through weekends and after hours on arms sales, the Israelis sent cases of wine to them just before Christmas.
  • A Lobbying Push: Defense contractors and lobbyists have also helped push along valuable sales by leaning on State Department officials and lawmakers whenever there’s a holdup.
  • These highlights were written by the reporters and editors who worked on this story.

    In late January, as the death toll in Gaza climbed to 25,000 and droves of Palestinians fled their razed cities in search of safety, Israel’s military asked for 3,000 more bombs from the American government. U.S. Ambassador to Israel Jack Lew, along with other top diplomats in the Jerusalem embassy, sent a cable to Washington urging State Department leaders to approve the sale, saying there was no potential the Israel Defense Forces would misuse the weapons.

    The cable did not mention the Biden administration’s public concerns over the growing civilian casualties, nor did it address well-documented reports that Israel had dropped 2,000-pound bombs on crowded areas of Gaza weeks earlier, collapsing apartment buildings and killing hundreds of Palestinians, many of whom were children. Lew was aware of the issues. Officials say his own staff had repeatedly highlighted attacks where large numbers of civilians died. Homes of the embassy’s own Palestinian employees had been targeted by Israeli airstrikes.

    Still, Lew and his senior leadership argued that Israel could be trusted with this new shipment of bombs, known as GBU-39s, which are smaller and more precise. Israel’s air force, they asserted, had a “decades-long proven track record” of avoiding killing civilians when using the American-made bomb and had “demonstrated an ability and willingness to employ it in [a] manner that minimizes collateral damage.”

    While that request was pending, the Israelis proved those assertions wrong. In the months that followed, the Israeli military repeatedly dropped GBU-39s it already possessed on shelters and refugee camps that it said were being occupied by Hamas soldiers, killing scores of Palestinians. Then, in early August, the IDF bombed a school and mosque where civilians were sheltering. At least 93 died. Children’s bodies were so mutilated their parents had trouble identifying them.

    Weapons analysts identified shrapnel from GBU-39 bombs among the rubble.

    In the months before and since, an array of State Department officials urged that Israel be completely or partially cut off from weapons sales under laws that prohibit arming countries with a pattern or clear risk of violations. Top State Department political appointees repeatedly rejected those appeals. Government experts have for years unsuccessfully tried to withhold or place conditions on arms sales to Israel because of credible allegations that the country had violated Palestinians’ human rights using American-made weapons.

    On Jan. 31, the day after the embassy delivered its assessment, Secretary of State Antony Blinken hosted an agency-wide town hall at an auditorium at the State Department headquarters where he fielded pointed questions from his subordinates about Gaza. He said the suffering of civilians was “absolutely gut wrenching and heartbreaking,” according to a transcript of the meeting.

    “But it is a question of making judgments,” Blinken said of his agency’s efforts to minimize harm. “We started with the premise on October 7 that Israel had the right to defend itself, and more than the right to defend itself, the right to try to ensure that October 7 would never happen again.”

    The embassy’s endorsement and Blinken’s statements reflect what many at the State Department have understood to be their mission for nearly a year. As one former official who served at the embassy put it, the unwritten policy was to “protect Israel from scrutiny” and facilitate the arms flow no matter how many human rights abuses are reported. “We can’t admit that’s a problem,” this former official said.

    The embassy has even historically resisted accepting funds from the State Department’s Middle East bureau earmarked for investigating human rights issues throughout Israel because embassy leaders didn’t want to insinuate that Israel might have such problems, according to Mike Casey, a former U.S. diplomat in Jerusalem. “In most places our goal is to address human rights violations,” Casey added. “We don’t have that in Jerusalem.”

    Last week, ProPublica detailed how the government’s two foremost authorities on humanitarian assistance — the U.S. Agency for International Development and the State Department’s refugees bureau — concluded in the spring that Israel had deliberately blocked deliveries of food and medicine into Gaza and that weapons sales should be halted. But Blinken rejected those findings as well and, weeks later, told Congress that the State Department had concluded that Israel was not blocking aid.

    The episodes uncovered by ProPublica, which have not been previously detailed, offer an inside look at how and why the highest ranking policymakers in the U.S. government have continued to approve sales of American weapons to Israel in the face of a mounting civilian death toll and evidence of almost daily human rights abuses. This article draws from a trove of internal cables, email threads, memos, meeting minutes and other State Department records, as well as interviews with current and former officials throughout the agency, most of whom spoke on the condition of anonymity because they were not authorized to speak publicly.


    “Gaza: World’s Largest Open Air Morgue,” Digital, Dream / Dreamland v3, Clip2Comic, 2024.

    The records and interviews also show that the pressure to keep the arms pipeline moving also comes from the U.S. military contractors who make the weapons. Lobbyists for those companies have routinely pressed lawmakers and State Department officials behind the scenes to approve shipments both to Israel and other controversial allies in the region, including Saudi Arabia. When one company executive pushed his former subordinate at the department for a valuable sale, the government official reminded him that strategizing over the deal might violate federal lobbying laws, emails show.

    The Biden administration’s repeated willingness to give the IDF a pass has only emboldened the Israelis, experts told ProPublica. Today, as Israel and Iran trade blows, the risk of a regional war is as great as it has been in decades and the cost of that American failure has become more apparent, critics charge.

    “The reaffirmation of impunity has come swiftly and unequivocally,” said Daniel Levy, who served in the Israeli military before holding various prominent positions as a government official and adviser throughout the ’90s. He later became one of the founders of the advocacy group J Street and president of the U.S./Middle East Project.

    Levy said there is virtually no threat of accountability for Israel’s conduct in Gaza, only “a certainty of carte blanche.” Or, as another State Department official said, “If there’s never any consequences for doing it, then why stop doing it?”

    The war in Gaza has waged for nearly a year without signs of abating. There are at least 41,000 Palestinians dead, by local estimates. Israel says its actions have been legal and legitimate, unlike those of Hamas, which killed more than 1,100 Israelis, mostly civilians, on Oct. 7 and continues to hold dozens of hostages.

    The U.S. has been a stalwart ally of Israel for decades, with presidents of both parties praising the country as a beacon of democracy in a dangerous region filled with threats to American interests.

    In response to detailed questions from ProPublica, a State Department spokesperson sent a statement saying that arms transfers to any country, including Israel, “are done so in a deliberative manner with appropriate input” from other agencies, State Department bureaus and embassies. “We expect any country that is a recipient of U.S. security articles,” he added, “use them in full compliance with international humanitarian law, and we have several ongoing processes to examine that compliance.”

    The spokesperson also said Lew has been at the forefront of ensuring “that every possible measure is taken to minimize impacts on civilians” while working on a cease-fire deal to secure “the release of hostages, alleviate the suffering of Palestinians in Gaza, and bring an end to the conflict.”

    Israeli military leaders broadly defend their aerial campaign in Gaza as a “military necessity” to eradicate terrorists hiding among civilians. Prime Minister Benjamin Netanyahu has also publicly pressured the Biden administration to hasten arms transfers. “Give us the tools and we’ll finish the job a lot faster,” he said in June.

    ProPublica sent detailed questions to representatives of the Israeli government as well. A spokesperson said in a statement: “The article is biased and seeks to portray legitimate and routine contacts between Israel and the Embassy in Washington with State Department officials as improper. Its goal appears to be casting doubt on the security cooperation between two friendly nations and close allies.”

    Weapons sales are a pillar of American foreign policy in the Middle East. Historically, the U.S. gives more money to Israel for weapons than it does to any other country. Israel spends most of those American tax dollars to buy weapons and equipment made by U.S. arms manufacturers.

    While Israel has its own arms industry, the country relies heavily on American jets, bombs and other weapons in Gaza. Since October 2023, the U.S. has shipped more than 50,000 tons of weaponry, which the Israeli military says has been “crucial for sustaining the IDF’s operational capabilities during the ongoing war.” The air defenses that defend Israeli towns and cities — known as the Iron Dome — also depend largely on U.S. support.

    There is little sign that either party is prepared to curtail U.S. weapons shipments. Vice President Kamala Harris has called for a cease-fire, lamented the death toll in Gaza and said she supported Palestinians’ right to self-determination as well as President Joe Biden’s decision to pause a shipment of 2,000 bombs in June. She has also echoed a refrain from previous administrations, pledging to “ensure Israel has the ability to defend itself.” Harris also said she had no intention of breaking with Biden’s Israel policy.

    Republican nominee for president Donald Trump, who has described himself as the “best friend that Israel has ever had,” reportedly told donors that he supports Israel’s “war on terror” and promised to crush pro-Palestinian protests on college campuses. Trump was also recently a featured speaker at the Israeli-American Council’s summit, where he cast himself as the most pro-Israel choice in the coming election. “You have a big protector in me,” he told the crowd. “You don’t have a protector on the other side.”


    “Bomb-Thrower,” Digital, Dream / Dreamland v3, Clip2Comic, 2024

    The United States first began selling significant amounts of weapons to Israel in the early 1970s. Until then, Israel had relied on an array of home-grown and international purchases, notably from France, while the Soviet Union armed Israel’s adversaries. Over the past half-century, no country in the world has received more American military assistance than Israel.

    The U.S. gives the Israeli government about $3.8 billion every year and much more during wartime to help maintain its military edge in the region. Congress and the executive branch have imposed legal guardrails on how Israel and other countries can use the weapons they buy with U.S. money. The State Department must review and approve most of those large foreign military sales and is required to cut off a country if there is a pattern or clear risk of breaking international humanitarian law, like targeting civilians or blocking shipments of food to refugees. The department is also supposed to withhold U.S.-funded equipment and weapons from individual military units credibly accused of committing flagrant human rights violations, like torture.

    Initially, a country makes a request and the local embassy, which is under the State Department’s jurisdiction, writes a cable called a “country team assessment” to judge the fitness of the nation asking for the weapons. This is just the beginning of a complex process, but it’s a crucial step because of the embassies’ local expertise.

    Then, the bulk of that review is conducted by the State Department’s arms transfers section, known as the Bureau of Political-Military Affairs, with input from other bureaus. For Israel and NATO allies, if the sale is worth at least $100 million for weapons or $25 million for equipment, Congress also gets final approval. If lawmakers try to block a sale, which is rare, the president can sidestep with a veto.

    For years, Josh Paul, a career official in the State Department’s arms transfers bureau, reviewed arms sales to Israel and other countries in the Middle East. Over time, he became one of the agency’s most well-versed experts in arms sales.

    Even before Israel’s retaliation for Oct. 7, he had been concerned with Israel’s conduct. On multiple occasions, he said, he believed the law required the government to withhold weapons transfers. In May 2021, he refused to approve a sale of fighter jets to the Israeli Air Force. “At a time the IAF are blowing up civilian apartment blocks in Gaza,” Paul wrote in an email, “I cannot clear on this case.” The following February, he wouldn’t sign off on another sale after Amnesty International published a report accusing Israeli authorities of apartheid.

    In both cases, Paul later told ProPublica, his immediate superiors signed off on the sales over his objections.

    “I have no expectation whatsoever of making any policy gains on this topic during this Administration,” he wrote at the time to a deputy assistant secretary.

    During that same time period, Paul circulated a memo to some of the agency’s senior diplomats with recommendations to strengthen the arms sales review process, such as including input from human rights groups. Paul warned that the Biden administration’s new arms transfer policy — which prohibits weapons sales if it’s “more likely than not” the recipient will use them to intentionally attack civilian structures or commit other violations — would be “watered down” in practice.

    “There is an inarguable significant risk of civilian harm in the sale of precision-guided munitions to Israel and Saudi Arabia,” the December 2021 memo said. The U.S. government has been historically unable to hold itself to its own standards, he wrote, “in the face of pressure from partners, industry, and perceived policy imperatives emerging from within the government itself.”

    It does not appear that recommendations in the memo were implemented either. Paul resigned in protest over arms shipments to Israel last October, less than two weeks after the Hamas attack. It was the Biden administration’s first major public departure since the start of the war. By then, local authorities said Israeli military operations had killed at least 3,300 Palestinians in Gaza.

    Internally, other experts began to worry the Israelis were violating human rights almost from the onset of the war as well. Middle East officials delivered at least six dissent memos to senior leaders criticizing the administration’s decision to continue arming Israel, according to those who had a role in drafting some of them. The content of several memos leaked to the media earlier this year. The agency says it welcomes input from the dissent channel and incorporates it into policymaking decisions.

    In one previously unreported memo from November, a group of experts across multiple bureaus said they had not been consulted before several policy decisions about arms transfers immediately after Oct. 7 and that there was no effective vetting process in place to evaluate the repercussions of those sales.

    That memo, too, seemed to have little impact. In the early stages of the war, State Department staff worked overtime, often after hours and through weekends, to process Israeli requests for more arms. Some in the agency have thought the efforts showed an inappropriate amount of attention on Israel.

    The Israelis, however, felt different. In late December, just before Christmas, staff in the arms transfers bureau walked into their Washington, D.C., office and found something unusual waiting for them: cases of wine from a winery in the Negev Desert, along with personalized letters on each bottle.

    The gifts were courtesy of the Israeli embassy.

    The State Department spokesperson said employees are allowed to accept gifts from foreign governments that fall below a certain dollar threshold. “To allege that any of their allegiances to the United States should be questioned is insulting,” he added. “The accusation that the Department of State is placing a disproportionate attention on Israel is inconsistent with the facts.”

    The spokesperson for the Israeli government told ProPublica, “The embassy routinely sends individual bottles of wine (not cases) to many of its contacts to cordially mark the end of the year holidays.”

    One month later, Lew delivered his endorsement of Israel’s request for the 3,000 precision GBU-39 bombs, which would be paid for with both U.S. and Israeli funds. Lew is a major figure in Democratic circles, having served in various administrations. He was President Barack Obama’s chief of staff and then became his treasury secretary. He has also been a top executive at Citigroup and a major private equity firm.

    The U.S. defense attaché to Israel, Rear Adm. Frank Schlereth, signed off on the January cable as well. In addition to its assurances about the IDF, the memo cited the Israeli military’s close ties with the American military: Israeli air crews attend U.S. training schools to learn about collateral damage and use American-made computer systems to plan missions and “predict what effects their munitions will have on intended targets,” the officials wrote.

    In the early stages of the war, Israel used American-made unguided “dumb” bombs, some likely weighing as much as 2,000 pounds, which many experts criticized as indiscriminate. But at the time of the embassy’s assessment, Amnesty International had documented evidence that the Israelis had also been dropping the GBU-39s, manufactured by Boeing to have a smaller blast radius, on civilians. Months before Oct. 7, a May 2023 attack left 10 civilians dead. Then, in a strike in early January this year, 18 civilians, including 10 children, were killed. Amnesty International investigators found GBU-39 fragments at both sites. (Boeing declined to comment and referred ProPublica to the government.)

    At the time, State Department experts were also cataloging the effect the war has had on American credibility throughout the region. Hala Rharrit, a career diplomat based in the Middle East, was required to send daily reports analyzing Arab media coverage to the agency’s senior leaders. Her emails described the collateral damage from airstrikes in Gaza, often including graphic images of dead and wounded Palestinians alongside U.S. bomb fragments in the rubble.

    “Arab media continues to share countless images and videos documenting mass killings and hunger, while affirming that Israel is committing war crimes and genocide and needs to be held accountable,” she reported in one early January email alongside a photograph of a dead toddler. “These images and videos of carnage, particularly of children getting repeatedly injured and killed, are traumatizing and angering the Arab world in unprecedented ways.”

    Rharrit, who later resigned in protest, told ProPublica those images alone should have prompted U.S. government investigations and factored into arms requests from the Israelis. She said the State Department has “willfully violated the laws” by failing to act on the information she and others had documented. “They can’t say they didn’t know,” Rharrit added.

    Rharrit said her superiors eventually told her to stop sending the daily reports. (The State Department spokesperson said the agency is still incorporating perspectives from Arab media in regular internal analyses.)

    Lew’s January cable makes no mention of the death toll in Gaza or the incidents of the Israelis dropping GBU-39s on civilians. Eight current and former State Department officials with expertise in human rights, the Middle East or arms transfers said the embassy’s assessment was an inadequate but not a surprising distillation of the administration’s position. “It’s an exercise in checking the boxes,” said Charles Blaha, a former human rights director at the agency.

    The State Department declined to comment on the status of that request other than to say the U.S. has provided large amounts of GBU-39s to Israel multiple times in past years.

    While the U.S. hoped that the smaller bombs would prevent unnecessary deaths, experts in the laws of war say the size of the bomb doesn’t matter if it kills more civilians than the military target justifies. Lt. Col. Rachel E. VanLandingham, a retired officer with the Air Force’s Judge Advocate General’s Corps, said the IDF is legally responsible for doing all it can to know the risk to civilians ahead of any given strike and to avoid indiscriminately bombing densely populated areas like refugee camps and shelters. “It seems extremely plausible that they just disregarded the risk,” VanLandingham added. “It raises serious concerns and indicators of violating the law of war.”

    Officials at the embassy in Jerusalem and in Washington said that similar concerns have been repeatedly brought to Lew, but his instincts were to defend Israel. In a separate cable obtained by ProPublica, he told Blinken and other leaders in Washington that “Israel is a trustworthy defense articles recipient” and his country team assessments ahead of past weapons sales have found that Israel’s “human rights record justifies the sale.”

    Lew went even further and said the IDF’s system for choosing targets is so “sophisticated and comprehensive” that, by defense attaché Schlereth’s estimation, it “meets and often exceeds our own standard,” according to the cable. Two State Department officials told ProPublica that Lew and Schlereth have made similar statements during internal meetings. (The Navy did not make Schlereth available for an interview or respond to a list of questions.)

    Early in the war, diplomats at the embassy also reported that Israel had dropped bombs on the homes of some of the embassy’s own staff, in addition to numerous other incidents involving civilians.

    As to why Lew’s cables failed to reflect that kind of information, one official said, “My most charitable explanation is that they may not have had the time or inclination to critically assess the Israelis’ answers.”

    In Israel’s New York consulate, weapons procurement officers occupy two floors, processing hundreds of sales each year. One former Israeli officer who worked there said he tried to purchase as many weapons as possible while his American counterparts tried just as hard to sell them. “It’s a business,” he said.

    Behind the scenes, if government officials take too long to process a sale, lobbyists for powerful corporations have stepped in to apply pressure and move the deal along, ProPublica found.

    Some of those lobbyists formerly held powerful positions as regulators in the State Department. In recent years, at least six high-ranking officials in the agency’s arms transfers bureau left their posts and joined lobbying firms and military contractors. Jessica Lewis, the assistant secretary of the bureau, resigned in July and took a job at Brownstein Hyatt Farber Schreck. The company is the largest lobbying firm in Washington, by lobbying revenue, and has represented the defense industry and countries including Saudi Arabia. (Lewis and the firm did not respond to requests for comment.)

    Paul Kelly, who was the top congressional affairs official at the State Department between 2001 and 2005, during the U.S. invasions of Iraq and Afghanistan, said he regularly “got leaned on” by the private sector to push sales to lawmakers for final approval. “They wouldn’t bribe or threaten me, but they would say … ‘When are you going to sign off on it and get it up to the Hill?’” he told ProPublica.

    Three other State Department officials who currently or recently worked on military assistance said little has changed since then and companies that profit from the wars in Gaza and Ukraine frequently call or email. (The agency spokesperson told ProPublica that arms transfers are “not influenced by a particular company.”) The pressure also reaches lawmakers’ offices once they are notified of impending sales. Those measures include frequent phone calls and regular daytime meetings, according to an official familiar with the communications.

    In some cases, the efforts appear to have drifted into questionable legal territory. In 2017, the Trump administration signed a $350 billion arms deal with Saudi Arabia, an extension of Obama’s former policy before he suspended some sales because of humanitarian concerns. For years, the Saudis and their allies used American-made jets and bombs to attack Houthi militant targets in Yemen, killing thousands of civilians in the process.

    The following February, the State Department was weighing whether to approve a sale of precision-guided missiles produced by Raytheon to Saudi Arabia. A vice president at the company named Tom Kelly — the former principal deputy assistant secretary of the State Department’s arms transfers bureau — emailed a former subordinate, Josh Paul. Kelly asked to set up a meeting with Paul and a colleague at the company to “talk through strategy” on pushing the sale through, according to an email of the exchange.

    Paul wrote back that such a meeting could be illegal. “As you’ll recall from your time here, we’re restricted by the Anti-Lobbying Act from coordinating legislative strategies with outside groups,” he said. “However, I think the potential bumps in the road are relatively obvious.” Those bumps were a reference to recent media articles about mass civilian casualty incidents in Yemen.

    “No worries,” Kelly responded. “I’m sure I’ll see you around.”

    Kelly and Raytheon did not reply to requests for comment.

    The State Department ultimately signed off on the sale.

    Mariam Elba contributed research.

    Mariam Elba contributed research.

    Brett Murphy is a Pulitzer Prize-winning reporter on ProPublica’s national desk. He writes about the federal government, among other things.

    Via ProPublica

    ]]>
    USAID Concluded that Israel was Blocking Aid to Gaza; Antony Blinken Lied about it to Congress https://www.juancole.com/2024/09/concluded-blocking-congress.html Wed, 25 Sep 2024 04:02:09 +0000 https://www.juancole.com/?p=220683 By Brett Murphy | –

    Blinken told Congress, “We do not currently assess that the Israeli government is prohibiting or otherwise restricting” aid, even though the U.S. Agency for International Development and others had determined that Israel had broken the law.

    (ProPublica ) – The U.S. government’s two foremost authorities on humanitarian assistance concluded this spring that Israel had deliberately blocked deliveries of food and medicine into Gaza.

    The U.S. Agency for International Development delivered its assessment to Secretary of State Antony Blinken and the State Department’s refugees bureau made its stance known to top diplomats in late April. Their conclusion was explosive because U.S. law requires the government to cut off weapons shipments to countries that prevent the delivery of U.S.-backed humanitarian aid. Israel has been largely dependent on American bombs and other weapons in Gaza since Hamas’ Oct. 7 attacks.

    But Blinken and the administration of President Joe Biden did not accept either finding. Days later, on May 10, Blinken delivered a carefully worded statement to Congress that said, “We do not currently assess that the Israeli government is prohibiting or otherwise restricting the transport or delivery of U.S. humanitarian assistance.”

    Prior to his report, USAID had sent Blinken a detailed 17-page memo on Israel’s conduct. The memo described instances of Israeli interference with aid efforts, including killing aid workers, razing agricultural structures, bombing ambulances and hospitals, sitting on supply depots and routinely turning away trucks full of food and medicine.

    Lifesaving food was stockpiled less than 30 miles across the border in an Israeli port, including enough flour to feed about 1.5 million Palestinians for five months, according to the memo. But in February the Israeli government had prohibited the transfer of flour, saying its recipient was the United Nations’ Palestinian branch that had been accused of having ties with Hamas.

    Separately, the head of the State Department’s Bureau of Population, Refugees and Migration had also determined that Israel was blocking humanitarian aid and that the Foreign Assistance Act should be triggered to freeze almost $830 million in taxpayer dollars earmarked for weapons and bombs to Israel, according to emails obtained by ProPublica.

    The U.N. has declared a famine in parts of Gaza. The world’s leading independent panel of aid experts found that nearly half of the Palestinians in the enclave are struggling with hunger. Many go days without eating. Local authorities say dozens of children have starved to death — likely a significant undercount. Health care workers are battling a lack of immunizations compounded by a sanitation crisis. Last month, a little boy became Gaza’s first confirmed case of polio in 25 years.

    The USAID officials wrote that because of Israel’s behavior, the U.S. should pause additional arms sales to the country. ProPublica obtained a copy of the agency’s April memo along with the list of evidence that the officials cited to back up their findings.

    USAID, which is led by longtime diplomat Samantha Power, said the looming famine in Gaza was the result of Israel’s “arbitrary denial, restriction, and impediments of U.S. humanitarian assistance,” according to the memo. It also acknowledged Hamas had played a role in the humanitarian crisis. USAID, which receives overall policy guidance from the secretary of state, is an independent agency responsible for international development and disaster relief. The agency had for months tried and failed to deliver enough food and medicine to a starving and desperate Palestinian population.

    It is, USAID concluded, “one of the worst humanitarian catastrophes in the world.”

    In response to detailed questions for this story, the State Department said that it had pressured the Israelis to increase the flow of aid. “As we made clear in May when [our] report was released, the US had deep concerns during the period since October 7 about action and inaction by Israel that contributed to a lack of sustained delivery of needed humanitarian assistance,” a spokesperson wrote. “Israel subsequently took steps to facilitate increased humanitarian access and aid flow into Gaza.”

    Government experts and human rights advocates said while the State Department may have secured a number of important commitments from the Israelis, the level of aid going to Palestinians is as inadequate as when the two determinations were reached. “The implication that the humanitarian situation has markedly improved in Gaza is a farce,” said Scott Paul, an associate director at Oxfam. “The emergence of polio in the last couple months tells you all that you need to know.”

    The USAID memo was an indication of a deep rift within the Biden administration on the issue of military aid to Israel. In March, the U.S. ambassador to Israel, Jack Lew, sent Blinken a cable arguing that Israel’s war cabinet, which includes Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, should be trusted to facilitate aid shipments to the Palestinians.

    Lew acknowledged that “other parts of the Israeli government have tried to impede the movement of [humanitarian assistance,]” according to a copy of his cable obtained by ProPublica. But he recommended continuing to provide military assistance because he had “assessed that Israel will not arbitrarily deny, restrict, or otherwise impede U.S. provided or supported” shipments of food and medicine.

    Lew said Israeli officials regularly cite “overwhelming negative Israeli public opinion against” allowing aid to the Palestinians, “especially when Hamas seizes portions of it and when hostages remain in Gaza.” The Israeli government did not respond to a request for comment but has said in the past that it follows the laws of war, unlike Hamas.

    In the months leading up to that cable, Lew had been told repeatedly about instances of the Israelis blocking humanitarian assistance, according to four U.S. officials familiar with the embassy operations but, like others quoted in this story, not authorized to speak about them. “No other nation has ever provided so much humanitarian assistance to their enemies,” Lew responded to subordinates at the time, according to two of the officials, who said the comments drew widespread consternation.

    “That put people over the edge,” one of the officials told ProPublica. “He’d be a great spokesperson for the Israeli government.”

    A second official said Lew had access to the same information as USAID leaders in Washington, in addition to evidence collected by the local State Department diplomats working in Jerusalem. “But his instincts are to defend Israel,” said a third official.

    “Ambassador Lew has been at the forefront of the United States’ work to increase the flow of humanitarian assistance to Gaza, as well as diplomatic efforts to reach a ceasefire agreement that would secure the release of hostages, alleviate the suffering of Palestinians in Gaza, and bring an end to the conflict,” the State Department spokesperson wrote.

    The question of whether Israel was impeding humanitarian aid has garnered widespread attention. Before Blinken’s statement to Congress, Reuters reported concerns from USAID about the death toll in Gaza, which now stands at about 42,000, and that some officials inside the State Department, including the refugees bureau, had warned him that the Israelis’ assurances were not credible. The existence of USAID’s memo, Lew’s cable and their broad conclusions were also previously reported.

    But the full accounting of USAID’s evidence, the determination of the refugees bureau in April and the statements from experts at the embassy — along with Lew’s decision to undermine them — reveal new aspects of the striking split within the Biden administration and how the highest-ranking American diplomats have justified his policy of continuing to flood Israel with arms over the objections of their own experts.

    Stacy Gilbert, a former senior civil military adviser in the refugees bureau who had been working on drafts of Blinken’s report to Congress, resigned over the language in the final version. “There is abundant evidence showing Israel is responsible for blocking aid,” she wrote in a statement shortly after leaving, which The Washington Post and other outlets reported on. “To deny this is absurd and shameful.

    “That report and its flagrant untruths will haunt us.”

    The State Department’s headquarters in Washington did not always welcome that kind of information from U.S. experts on the ground, according to a person familiar with the embassy operations. That was especially true when experts reported the small number of aid trucks being allowed in.

    “A lot of times they would not accept it because it was lower than what the Israelis said,” the person told ProPublica. “The sentiment from Washington was, ‘We want to see the aid increasing because Israel told us it would.’”

    While Israel has its own arms industry, the country relies heavily on American jets, bombs and other weapons in Gaza. Since October, the U.S. has shipped more than 50,000 tons of weaponry, which the Israeli military says has been “crucial for sustaining” the Israel Defense Forces’ “operational capabilities during the ongoing war.”

    The U.S. gives the Israeli government about $3.8 billion every year as a baseline and significantly more during wartime — money the Israelis use to buy American-made bombs and equipment. Congress and the executive branch have imposed legal guardrails on how Israel and other partners can use that money.

    One of them is the Foreign Assistance Act. The humanitarian aid portion of the law is known as 620I, which dates back to Turkey’s embargo of Armenia during the 1990s. That part of the law has never been widely implemented. But this year, advocacy groups and some Democrats in Congress brought it out of obscurity and called for Biden to use 620I to pressure the Israelis to allow aid freely into Gaza.

    In response, the Biden administration announced a policy called the National Security Memorandum, or NSM-20, to require the State Department to vet Israel’s assurances about whether it was blocking aid and then report its findings to lawmakers. If Blinken determined the Israelis were not facilitating aid and were instead arbitrarily restricting it, then the government would be required by the law to halt military assistance.

    Blinken submitted the agency’s official position on May 10, siding with Lew, which meant that the military support would continue.


    “Blinken, Soup Nazi,” Digital, Dream / Dreamland v3 / IbisPaint / Clip2Comic, 2024

    In a statement that same day, Sen. Chris Van Hollen, D-Md., criticized the administration for choosing “to disregard the requirements of NSM-20.”

    “Whether or not Israel is at this moment complying with international standards with respect to facilitating humanitarian assistance to desperate, starving citizens may be debatable,” Van Hollen said. “What is undeniable — for those who don’t look the other way — is that it has repeatedly violated those standards over the last 7 months.”

    As of early March, at least 930 trucks full of food, medicine and other supplies were stuck in Egypt awaiting approval from the Israelis, according to USAID’s memo.

    The officials wrote that the Israeli government frequently blocks aid by imposing bureaucratic delays. The Israelis took weeks or months to respond to humanitarian groups that had submitted specific items to be approved for passage past government checkpoints. Israel would then often deny those submissions outright or accept them some days but not others. The Israeli government “doesn’t provide justification, issues blanket rejections, or cites arbitrary factors for the denial of certain items,” the memo said.

    Israeli officials told State Department attorneys that the Israeli government has “scaled up its security check capacity and asserted that it imposes no limits on the number of trucks that can be inspected and enter Gaza,” according to a separate memo sent to Blinken and obtained by ProPublica. Those officials blamed most of the holdups on the humanitarian groups for not having enough capacity to get food and medicine in. USAID and State Department experts who work directly with those groups say that is not true.

    In separate emails obtained by ProPublica, aid officials identified items in trucks that were banned by the Israelis, including emergency shelter gear, solar lamps, cooking stoves and desalination kits, because they were deemed “dual use,” which means Hamas could co-opt the materials. Some of the trucks that were turned away had also been carrying American-funded items like hygiene kits, the emails show.

    In its memo to Blinken, USAID also cited numerous publicly reported incidents in which aid facilities and workers were hit by Israeli airstrikes even sometimes after they had shared their locations with the IDF and received approval, a process known as “deconfliction.” The Israeli government has maintained that most of those incidents were mistakes.

    USAID found the Israelis often promised to take adequate measures to prevent such incidents but frequently failed to follow through. On Nov. 18, for instance, a convoy of aid workers was trying to evacuate along a route assigned to them by the IDF. The convoy was denied permission to cross a military checkpoint — despite previous IDF authorization.

    Then, while en route back to their facility, the IDF opened fire on the aid workers, killing two of them.

    Inside the State Department and ahead of Blinken’s report to Congress, some of the agency’s highest-ranking officials had a separate exchange about whether Israel was blocking humanitarian aid. ProPublica obtained an email thread documenting the episode.

    On April 17, a Department of Defense official reached out to Mira Resnick, a deputy assistant secretary at the State Department who has been described as the agency’s driving force behind arms sales to Israel and other partners this year. The official alerted Resnick to the fact that there was about $827 million in U.S. taxpayer dollars sitting in limbo.

    Resnick turned to the Counselor of the State Department and said, “We need to be able to move the rest of the” financing so that Israel could pay off bills for past weapons purchases. The financing she referenced came from American tax dollars.

    The counselor, one of the highest posts at the agency, agreed with Resnick. “I think we need to move these funds,” he wrote.

    But there was a hurdle, according to the agency’s top attorney: All the relevant bureaus inside the State Department would need to sign off on and agree that Israel was not preventing humanitarian aid shipments. “The principal thing we would need to see is that no bureau currently assesses that the restriction in 620i is triggered,” Richard Visek, the agency’s acting legal adviser, wrote.

    The bureaus started to fall in line. The Middle East and human rights divisions agreed and determined the law hadn’t been triggered, “in light of Netanyahu’s commitments and the steps Israel has announced so far,” while noting that they still have “significant concerns about Israeli actions.”

    By April 25, all had signed off but one. The Bureau of Population, Refugees and Migration was the holdout. That was notable because the bureau had among the most firsthand knowledge of the situation after months of working closely with USAID and humanitarian groups to try to get food and medicine to the Palestinians.

    “While we agree there have been positive steps on some commitments related to humanitarian assistance, we continue to assess that the facts on the ground indicate U.S. humanitarian assistance is being restricted,” an official in the bureau wrote to the group.

    It was a potentially explosive stance to take. One of Resnick’s subordinates in the arms transfer bureau replied and asked for clarification: “Is PRM saying 620I has been triggered for Israel?”

    Yes, replied Julieta Valls Noyes, its assistant secretary, that was indeed the bureau’s view. In her email, she cited a meeting from the previous day between Blinken’s deputy secretary and other top aides in the administration. All the bureaus on the email thread had provided talking points to the deputy secretary, including one that said Israel had “failed to meet most of its commitments to the president.” (None of these officials responded to a request for comment.)

    But, after a series of in-person conversations, Valls Noyes backed down, according to a person familiar with the episode. When asked during a staff meeting later why she had punted on the issue, Valls Noyes replied, “There will be other opportunities,” the person said.

    The financing appears to have ultimately gone through.

    Less than two weeks later, Blinken delivered his report to Congress.

    Do you have information about how the U.S. arms foreign partners? Contact Brett Murphy on Signal at 508-523-5195 or by email at brett.murphy@propublica.org.

    Mariam Elba contributed research.

    ]]>
    The Man Behind Project 2025’s Most Radical Plans https://www.juancole.com/2024/08/behind-project-radical.html Tue, 06 Aug 2024 04:02:30 +0000 https://www.juancole.com/?p=219858

    As Donald Trump tried to disavow the politically toxic project, its director, Paul Dans, stepped down. But the plans and massive staffing database that he prepared — to replace thousands of members of the “deep state” with MAGA loyalists — remain.

    By Alec MacGillis | –

    ( ProPublica ) – In January 2023, a group of about 15 people gathered for three days at the Heritage Foundation, the conservative Washington think tank a few blocks from the Capitol. Their aim was ambitious and farsighted: to start building the next Republican administration, two years before a Republican president might again take office.

    The group’s leaders originally cast the initiative as candidate-agnostic, intended to assist the 2024 Republican nominee, whoever that might be. But there was no real doubt who the envisioned beneficiary was. The team included several former members of the Trump administration, and the whole effort was geared to address a perceived shortcoming of that White House: its failure to fill enough key government positions with Trump loyalists. So few had expected Trump to win in 2016 that hiring had been left mostly to GOP veterans, who brought in establishment figures and never managed to fill some slots at all, leaving the president exposed to the bureaucratic resistance that his acolytes believe undermined him at every step: the dreaded “deep state.”

    They were determined not to let this happen again. This time, Trump would take office with a fully staffed, carefully selected administration ready to roll. Thus the name of this new effort at Heritage, Project 2025. It would consist of four “pillars”: an 887-page policy plan, a database of conservatives willing to serve in the administration, training seminars for potential new appointees on the functions of government and a battle plan for each agency.

    In recent months, Project 2025 has gotten attention for some of the more radical proposals in its policy plan — such as reinstating more stringent rules for the use of the abortion pill mifepristone and abolishing some federal agencies. On the campaign trail, President Joe Biden and Vice President Kamala Harris made the project the centerpiece of their case against a Trump restoration. Their attacks were so effective that Trump has publicly disavowed the effort (while selecting a running mate, Ohio Sen. J.D. Vance, who is closely allied with Heritage).

    This week, as Project 2025 faced denunciations from the Trump campaign, the project’s director, Paul Dans, stepped down from his role. Trump’s campaign co-managers, Susie Wiles and Chris LaCivita, said in a statement that “reports of Project 2025’s demise would be greatly welcomed, and should serve as notice to anyone or any group trying to misrepresent their influence with President Trump and his campaign — it will not end well for you.” For Dans, it was a sudden end — or at least a pause — in a remarkable ascent from obscurity.

    But then again, his resignation was at least partly symbolic: The work of Project 2025 is largely done. Under Dans, the project has assembled a database of more than 10,000 names — job candidates vetted for loyalty to Trump’s cause — who will be ready to deploy into federal agencies should he win the 2024 election. Project 2025 has delivered a toolkit, ready for use, to create a second Trump administration that would be decidedly more MAGA than the first.

    The most important pillar of Project 2025 has always been about personnel, not policy. Or rather, the whole effort is animated by the Reagan-era maxim that personnel is policy, that power flows from having the right people in the right jobs. To that end, the plan’s most pertinent proposal is reinstating Schedule F — a provision unveiled near the very end of Trump’s term, then repealed by the Biden administration — which would shift as many as 50,000 career employees in policy-shaping positions into a new job category that would make them much easier to fire.

    This was the mission that brought people together at Heritage for those three days, with the task of designing the personnel database that would populate the next administration, all under the supervision of Dans, a tall, broad-shouldered guy with a slow, jut-chinned way of speaking and traces of a Baltimore accent.

    Not long ago, Dans, 55, would have seemed an unlikely person for the role. The son of a liberal Johns Hopkins University professor, Dans was a New York lawyer who before Trump’s election had never served in government. For years following that election, he had tried and failed to find a place in the administration, seemingly in spite of a celebrity connection: His wife was a fitness coach for Karlie Kloss, the supermodel sister-in-law of Jared Kushner. Finally, in 2019, Dans got in the door, at the Department of Housing and Urban Development.

    Some four years later, here he was, hoping to build the next administration. Dans envisioned the personnel database that he wanted to create as a “conservative LinkedIn.” To help explain it, he displayed sketches he had made. They depicted the online file for a sample applicant — “Betsy Ross.” One page would show her occupation, which of the conservative organizations supporting Project 2025 had suggested her and which agencies she was being considered for. Another would show the findings of an internal review of her application, her progress on the training sessions (one of which Dans called “Deep State 101”) and any “red flags.” Yet another would show additional vetting: a “webcrawl” report; her performance on the Project 2025 questionnaire, which would ask detailed questions about ideological and policy beliefs; and more. The database would allow administration officials to search for candidates of a certain profile to fit a certain role.

    This was what Dans wanted the Heritage staffers gathered in the room and the tech engineers they’d contracted from Oracle to build: the engine of Trump 2.0. It would be a personnel machine not only far beyond what the first Trump administration had at its disposal, but beyond what any other administration had enjoyed, either. According to one person in attendance, the database would take several months to build and would cost upward of $2 million. It would reach outside the usual channels to draw in MAGA believers from across the country. And Dans was at the helm. “There was no one who had a better idea of it than he did,” the person in attendance told me. “He was driving the whole thing.”

    As the database development progressed in the months that followed, Dans stressed a detail that made it even more far-reaching. He did not want the positions being filled to be limited to the 4,000 or so slots that are reserved for political appointments. He also wanted it to suggest people for roles that are currently assigned to career employees, in keeping with the plans for Schedule F.

    Propelling the project has been a worldview that can be easily overlooked amid Trump’s talk about restoring the halcyon days of his first term. The people preparing for his return to the White House emphatically do not view his first term as a success. Rather, they view it as a missed opportunity to implement the MAGA vision. For Dans, Trump’s first term was an object lesson in how difficult it could be to reach Trump’s goals without a captive bureaucracy.

    The former president’s supporters are determined that a second Trump administration would be much more organized than the first, stocked with foot soldiers who are both loyal and capable of moving policy forward. Dans declined to be interviewed for this article or to respond on the record to a detailed list of questions, but he has been laying out his thinking in interviews with conservative media outlets. “We’re going to get this done right on the next go-round,” he told Jenny Beth Martin, a co-founder of the Tea Party Patriots, on her podcast last winter. And in essence, that will mean cleaning house, he said. “If a person can’t get in and fire people right away, what good is political management?”


    “Project 2025,” by Juan Cole, Digital, Dream / Dark Fantasy, IbisPaint, 2024

    Paul Dans was raised, in the 1970s and ’80s, in a family that embodied liberal idealism. Peter Dans was a professor of medicine who had enlisted in the Public Health Service; started an STD clinic and a migrant health clinic while on faculty at the University of Colorado; and served in the office of Sen. Gaylord Nelson, the Wisconsin Democrat who founded Earth Day. Paul’s mom, Colette Lizotte, was a French teacher who had previously worked as a chemist at the National Institutes of Health.

    The family lived in a hilly, verdant stretch north of Baltimore. Paul and his twin brother, Tom, hung out with the other smart kids at Dulaney High School; they played sports and were on the debate team. “Both were very bright kids, very well behaved,” recalled Phil Sporer, who attended school with them from early on. “The Dans boys were everybody’s perfect child.”

    The first hints of Dans’ political orientation emerged in college. He went to MIT, where he majored in economics, joined a frat, played on the lacrosse team and, as classmate Juan Latasa told me, stood apart from the “political correctness” that was rising at elite campuses around 1990. “It wasn’t always easy for such students. It was a very liberal place,” Latasa said. “It was tough.”

    Dans stayed on at MIT to get his master’s in city planning. His thesis on the redevelopment of industrial parks, like the Brooklyn Navy Yard, showed him still wrestling with competing impulses. There was Reagan-style optimism: “The myriad crises which America must grapple with in coming years pale in magnitude to the nation’s gifted legacy.” But there was also a hint of resigned declinism, with Dans addressing an “age of diminished expectations.”

    At the University of Virginia School of Law, which Dans attended next, his transformation became explicit: He joined the campus branch of the Federalist Society, the conservative network founded by law students at Yale and the University of Chicago in the 1980s, and he rose to become chapter president. “I was always attracted with the Federalist Society message about how some daring students stood up at Yale Law School and challenged the hegemony there and really was trying to speak truth to power,” he told hosts Saurabh Sharma and Nick Solheim last year on “Moment of Truth,” a podcast produced by American Moment, a conservative organization now aligned with Project 2025.

    Still, Dans left little mark on his law school classmates, perhaps partly because he took a year off to study in Paris. I reached out to a couple dozen of his peers, and an email from a lawyer in Dallas was representative: “I wish I could help but I do not remember any details about Paul Dans.”

    Dans’ fixation on the federal bureaucracy began at home. The idealism of the 1960s brought his parents to Washington, where they met while working at the National Institutes of Health. “They had basically come up through the JFK, Kennedy-esque, ‘Ask not what your country can do for you, but what you can do for your country’” era, he told Sharma and Solheim.

    Dans didn’t seriously consider following his parents into public service — law school debt precluded that option, he said — but he would ultimately become wrapped up in a debate that had first inspired them. They went to Washington during the federal government’s great post-World War II expansion, when the ranks of career employees began swelling and when more job protections started accruing to them, sparking a decadeslong argument that has carried on to this day. To federal employee unions and other defenders of the bureaucracy, such protections were in the spirit of the Pendleton Act, the 1883 law that created the modern federal workforce, along with mechanisms for employment based on merit. But to many conservative critics, and some good-government liberals, the job protections that federal workers gained in the 1960s undermined the “merit based” nature of the civil service by making it difficult to remove ineffectual workers.

    After law school, Dans chose a different meritocracy, joining a wave of young attorneys in the New York corporate legal world in the late ’90s. But Dans stood out. He was much more conservative than most of his colleagues. He prided himself on being one of very few in his Upper West Side building to get the New York Post. He admired Donald Trump for bringing a “can-do spirit back … building on the skyline again.”

    Some colleagues kept their distance, but not Julio Ramos, a fellow junior associate at the law firm LeBoeuf, Lamb, Greene & MacRae. Dans kidded Ramos about his lefty politics and regaled him with talk of supply-side economics and Reagan. It was all very civil. “Even though he was from the right,” Ramos told me, “he didn’t have any hatred toward the left.”

    Dans left after three years to become an associate at another large firm, Debevoise & Plimpton, and after two years there eventually landed at a less prestigious firm, where his cases included a lawsuit between Yves Saint Laurent’s beauty line and Costco over perfume labeling. By 2009, having not made partner anywhere, and two years into his marriage to Mary Helen Bowers, a former New York City Ballet dancer, Dans went into solo practice.

    Dans has criticized the legal field for what he perceives to be anti-conservative discrimination. “We are, as a profession, really getting snowed under right now,” he said on the “Moment of Truth” podcast. “Republicans and conservatives have not stood up in the face of, kind of, cancel culture, and [these] Marxist, Saul Alinsky attacks.”

    Even the moment he has often framed as his biggest triumph affirmed Dans’ alienation from liberal lawyers. In 2009, he was one of hundreds of attorneys hired to defend Chevron and its employees against a multibillion-dollar lawsuit for oil pollution in Ecuador. According to the journalist Michael Goldhaber, Dans was hired at $100 an hour — less than 5% of the top rate at Gibson, Dunn & Crutcher, which was leading Chevron’s defense.

    As Dans later told Goldhaber, he had an epiphany: While watching the documentary film “Crude,” an exposé of Chevron in Ecuador that was done in collaboration with the plaintiffs’ lead lawyer on the case, Steven Donziger, Dans realized that the outtakes from the film should be subpoenaed, to see if the filmmaker captured any legal malfeasance by Donziger. Dans put the suggestion in a memo.

    As it turned out, the subpoenaed outtakes did prove to be damning. Chevron sued Donziger in U.S. federal court, ultimately resulting in a ruling that the company did not have to pay the $9.5 billion judgment. Dans took full credit: “I came up with a theory that we could get documentary film outtakes, basically caught them doing their nefarious acts on video,” he told Martin on her podcast.

    According to other lawyers on the case, the story is more complicated: Although Dans wrote a memo suggesting the outtakes be targeted, others started the push for subpoenas — and came up with the necessary legal basis for seeking the crucial outtakes — independently of Dans raising the idea.

    When the Chevron case was over, Dans was back on his own, handling motley litigation, including a patent fight between two manufacturers of sheet-pile wall systems and a class action against Frito-Lay regarding its claims that some of its products were made with all-natural ingredients. The address for Dans’ solo practice was a mail drop at the New York City Bar Association.

    Toward the end of the aughts, as President Barack Obama’s first term wore on, Dans’ conservatism began to take on a new shape. He spent a lot of time online. “I’m one of the people sitting at his kitchen counter, you know, on the bench there, on the stool kind of going, How can that be? That’s crazy,” he told Martin. “You’re clicking … you know, refreshing the Drudge Report like 100 times a day.”

    One thing he clicked on was Trump’s conspiracist claims about Obama’s origins: “I had some serious academic questioning about the birthplace of a former president, if you will,” he told Sharma and Solheim. Dans got excited when rumors spread in 2011 that Trump would be going to New Hampshire to announce a run for president. Alas, it didn’t happen.

    Early in the 2016 primary season, Dans attended a dinner of the steering committee for the New York City Lawyers Chapter of the Federalist Society. As he later recalled to Sharma and Solheim, someone asked whom people were supporting for president, and around the table it went: “I like Jeb.” “I like Marco.” “I like Jeb.”

    Dans watched in bewilderment. Here were all these New York Republicans, and no one had yet mentioned the man who lived a few blocks away, who had decided to run for president this time. Finally, it was Dans’ turn. “Well, I like Trump, and I think he’s going to win,” he later told Sharma and Solheim. “I like him because I’m sick of losing.”

    That fall, Dans headed to the Pittsburgh area to volunteer for Trump. He had worked on other campaigns, but none had ever felt like this. “There was no passion,” he told Sharma and Solheim. “We were hungry for a candidate who could really speak to Americans. … Donald Trump delivered.”

    Trump’s appeal to Dans verged on the tribal: He came to see himself as “a pure-blooded deplorable mix,” as he told Sharma and Solheim, citing the working-class, ethnic Catholic roots of his ancestors — his paternal grandfather was born to Spanish immigrant parents and had been a merchant mariner, and his mother hailed from French Canadian mill workers in Rhode Island. Never mind that his father was a medical professor who had raised Dans in an affluent suburb.

    When Trump won, Dans eagerly sent off his resume. “Next stop, you know, Department of Justice, right?” he said to Martin years later, recalling his confidence. But no. As he also told Sharma and Solheim, the response was “crickets.”

    His explanation? He was too MAGA. “There were so many people getting sandbagged because somebody thought that they were too ‘America First’-y or too Trumpist,” he told Martin. He was advised to instead slip in “under the radar” as “just your milquetoast Republican appointee.” Watching his accounts of this disappointment, it’s hard not to feel some sympathy for Dans, whose affect in interviews can come off as both genial and awkward, like the chatty, perhaps too chatty, guy at the airport bar.

    Finally, late in 2018, Dans came to Washington for a Federalist Society meeting and connected with James Bacon, a college student who was working as confidential assistant to Housing and Urban Development Secretary Ben Carson. With Bacon’s help, and with the benefit of his master’s in city planning, Dans finally broke in, in July 2019, as a senior adviser in HUD’s Office of Community Planning and Development.

    Career staff at HUD didn’t know what to make of Dans. “We tried to figure out what his role was,” one of them told me, speaking on the condition of anonymity for fear of retribution. “He kind of wandered in,” the career employee said. “He was fairly disdainful of the career staff and did not have a lot of respect for why things were the way they were.” For Dans, his arrival was a “real baptism” in how the government actually works. “You don’t realize that the federal government is just an avalanche of money shooting out of various agencies,” he told Sharma and Solheim. “It’s trying to tame this spew of money and direct in the right way, is what you’re doing when you get to an agency.”

    As Dans saw it, the career employees were the problem. They were biased against conservatives, and they disregarded changes sought by the duly elected administration. Dans also blamed fellow appointees, too many of whom were clueless about the actual work and thus willing to cede decision-making to career employees. “You came and you went to cocktail parties, and you had your birthday cakes around the office and, you know, maybe a couple of ribbon cuttings, and you got to go on a little international junket,” he told Sharma and Solheim. “And meanwhile, everything else is kind of going at the same level.”

    By late 2019, the White House was coming to share Dans’ diagnosis. James Sherk, then a special assistant on the Domestic Policy Council, began compiling purported examples of what they viewed as deep-state obstinacy that Trump should have been able to discipline with dismissals, including anonymous reports about Environmental Protection Agency employees withholding information about legal cases from political appointees and about Department of Justice lawyers refusing to investigate discrimination against Asian Americans at Yale.

    The ultimate example of perceived perfidy came in December 2019, when the House used the testimony of federal employees to approve two articles of impeachment against Trump: for using the levers of powers to pressure Ukraine into discrediting Biden and for obstructing Congress. This gave Trump and his remaining White House coterie new resolve to take more control of hiring.

    Trump turned the Presidential Personnel Office over to John McEntee, his 29-year-old former personal assistant who had left the White House in 2018 after a background check found that he posed a security risk due to his frequent gambling. (McEntee, now an adviser for Project 2025, has declined to comment about the background check in the past.) McEntee recruited Bacon, the college student, to assist him in overhauling personnel, and, looking for someone to join in the effort, they settled on Paul Dans. The person who had barely made it into the administration had impressed them with his critiques of the status quo.

    In February 2020, the White House installed Dans at Office of Personnel Management as “White House liaison and senior adviser to the director” — its eyes and ears there.

    Dans, encouraged by McEntee, wasted no time. He quickly ordered the removal of the agency’s chief of staff, Jonathan Blyth, and asserted so much authority across the agency that its director, Dale Cabaniss, who had spent years as a Republican staff member in the Senate, decided to leave as well. Cabaniss was replaced by an interim director, Michael Rigas, but people at the agency told me that Dans was the de facto director for the remainder of the year; late in 2020, he was named chief of staff. (Rigas and Blyth did not respond to requests for comment; Cabaniss declined to comment on the record.) So total was the takeover of the personnel process that Dans’ colleagues took to referring to him, McEntee and their allies as “the coup group.”

    One of Dans’ first assertions of authority came at a senior staff meeting after Cabaniss’ departure, amid the onset of the coronavirus pandemic. According to another Trump appointee, some 20 people were present in the conference room at OPM’s headquarters near the National Mall when the agency’s then-chief information officer, Clare Martorana, said that, like most other agencies, it would use Zoom for online meetings.

    Dans erupted, declaring that Zoom, which was founded by a Chinese immigrant to the U.S., posed the risk of spying by China. Martorana took in his outburst with “a combination of anger, amusement and just dumbstruck awe,” the Trump appointee recalled. She then tried to explain that Zoom was on the government’s approved list of vendors and that many other agencies were using it. This did not mollify Dans.

    As 2020 went on, Dans’ colleagues became accustomed to his insistent demands, which, coupled with his large frame, could make him an intimidating presence. Dans wanted to hire as many appointees as possible in the final year of Trump’s term in office, and he wanted the agency’s processes to move faster. “He would just throw bombs into senior staff meetings,” said the appointee, who spoke on the condition of anonymity for fear of retribution, “and they would say: ‘What are we supposed to do with this? He can’t be serious with this.’”

    In October 2020, less than two weeks before the election, Trump signed an executive order creating Schedule F, the new category of career employees in key positions who would now be easier to remove.

    Over at OPM, Dans was busy with a related effort, seeking to recategorize positions in the Senior Executive Service — higher-ranking managerial slots across the government that are mostly filled with career employees — into a general category that would allow the president to appoint more of them. He was also engaged in another aspect of the administration’s new emphasis on personnel: making sure that OPM appointees answered long ideological questionnaires and met for interviews with staffers to assess their fitness for staying on in a second Trump term.

    Those who dealt with Dans at OPM told me that they tried to respond to his demands as best they could, but that he often grew agitated when told that OPM did not have the ability to do what he wanted. He seemed to take such explanations as a personal affront. “He questioned everything from the point of view that there was a conspiracy against him and the president,” the appointee said.

    Colleagues chalked up his outbursts to insecurity born of his not understanding how the government worked and being broadly out of his depth. “He reminded me of some of the people who show up at Republican conventions,” said a second Republican appointee at the agency, who, like the first, spoke on the condition of anonymity for fear of retribution. “Those people usually show up and then go home. They show up and are vocal, but they’re not like, ‘Now I’m going to go do the boring work of the sausage-making of government.’”

    Donald Devine, who led OPM during the Reagan administration and whom the Trump administration had brought on as an adviser during this period, scoffs at such critiques. “If you do anything, people aren’t going to like it, and that’s why he’s so different,” Devine told me. “Most of the other people in the executive office of OPM weren’t doing much, so people didn’t care about them. He’s a serious person trying to do a serious job. You don’t see a lot of that, and that’s why I like him so much.”

    Dans’ only problem, Devine said, was that he ran out of time. “The major things were going to be done the next term,” he said. “It was too late to do anything before they figured out how to run personnel.”

    After the election, Dans stayed hard at work at OPM, even as other appointees started to vanish in the final weeks of the Trump administration. Since then, Dans has criticized prosecutions of those involved in the Jan. 6 attack on the Capitol. “The unfortunate thing is it does send a message to people that you shouldn’t criticize the government,” he said in a C-SPAN interview last year.

    A year and a half after arriving in Washington, Dans left for his new home in South Carolina, near his wife’s hometown of Charlotte, North Carolina, while she was expecting their fourth child. “I went home kind of in this Cincinnatus sort of spirit: return to the farm. Our farm being in Fort Mill, South Carolina, in a subdivision,” he quipped to Sharma and Solheim.

    But then he turned serious: “We’re ‘God, country and family.’ And now is the time to go put a little more emphasis on the God and family part of that. But we’ll be back for the country thing.”

    With the 2024 election approaching, with Trump leading Biden and then Harris in most national polls and with Dans’ vision of reshaping the bureaucracy heavily influencing the Trump campaign, it finally seemed like Dans’ moment might actually be arriving. On Tuesday’s episode of the “War Room” podcast — founded by former Trump strategist Steve Bannon, who is now in prison — Dans sometimes sounded triumphant. “In order to take this back, the swamp isn’t going to drain itself,” he said. “We need outsiders coming in committed to doing this. … With Project 2025, we built a pathway to encourage folks to do this.”

    But in that same “War Room” episode on Tuesday, Dans decried the “great disinformation campaign” underway against Project 2025, “almost a hoax.” He listed some of the mistruths that Democrats had voiced about the project’s proposals, including a claim by Harris that it would eliminate Social Security. “Just completely fallacious stuff,” he said. “It’s just one big bald-faced lie.”

    It was plain that he was taking the attacks very personally, and with good reason. The Democrats’ campaign to turn Project 2025 into an albatross around Trump’s neck was succeeding, to the point where some sort of dramatic break was needed. Just hours after that episode aired came word that Dans would be stepping down. “We are extremely grateful for [Dans’] and everyone’s work on Project 2025 and dedication to saving America,” Heritage President Kevin Roberts said.

    In a note to Heritage staff, obtained by The Wall Street Journal, Dans himself suggested that his mission was, essentially, complete. “The work of this project was due to wrap up with the nominating conventions of the political parties,” he wrote. “Our work is presently winding down, and I plan later in August to leave Heritage.”

    It was face-saving, but it was also largely true. The database was built; the training seminars had been taught. This time, the foot soldiers were ready to go, just waiting to be called on. “From the president’s lips to God’s ears that change is going to happen? It really happens below” the president, Dans said on “War Room.” “That’s the importance of recognizing: Personnel is really the cornerstone of the change.”

    Disavowals or not, the logic of Project 2025 is embedded in the DNA of Trump’s plan to overhaul the government. Reinstating Schedule F is still a top-level agenda item. Jacqueline Simon, the public policy director of the American Federation of Government Employees, told me that the agencies could end up defining the new employment category so broadly that it could encompass far more than 50,000 positions. “It will be a purge,” she said.

    Donald Moynihan, a public policy professor at Georgetown University, does not expect Trump to fire tens of thousands. Jettisoning just a couple of thousand, to make an example of them, may be enough. “They can fire 1,000 and put their heads on pikes, and then everyone else quickly falls into line,” he told me. “That way you have a terrified bureaucracy that still has institutional knowledge. That’s the more strategic way to use Schedule F, to scare the bejesus out of 49,000 people and force them into line.” Sherk, the author of Schedule F, suggested as much to me. “The notion we’re going to can 50,000 people is just insane,” he said. “Why would you do that? That would kneecap the ability to implement your agenda. You use it to go after bad actors and rank incompetents.”

    That would still leave the challenge of finding people to fill the 4,000 slots for appointees and however many hundreds or thousands of openings are created by firings. Many Republicans who served in the first Trump administration are leery of serving in a second. “The last administration was a joke, and they had a real problem recruiting,” a Washington attorney who served in the George W. Bush administration, and who spoke on the condition of anonymity for fear of retribution against his firm, told me. “Who the hell would jump into this clown car driving toward a cliff? Are people going to come forward, quality people? Not a fucking chance.”

    This was precisely Dans’ mission with Project 2025: to find a whole new corps of people willing to come to the capital and do the work of implementing the Trump agenda that the usual D.C. fixtures refuse to do. How many will be suited to the task? “We have to recruit the talent to get to Washington,” Dans told Martin. “Ultimately, what Project 2025 is is a call to action for patriots to come serve in Washington.”

    Will Dans himself be among that number? As Devine sees it, Dans’ current defenestration is political, and temporary. “Paul is too bright and intelligent not to,” he said. “They’ll pick him up somewhere.” Devine said that he’s spoken with Dans since his decision to resign. “He’s doing well,” Devine said. “He’s ready to go on to fight. The memorandum he sent [to Heritage colleagues] ends with that: ‘Fight! Fight! Fight!’” Dans still sees himself as a field general for a new class of Trump bureaucrats, one that will come to power if Trump wins, whether the effort is called Project 2025 or not.

    There is a paradox at the core of this. Dans was never looking for the proverbial farmers with pitchforks, because he is aware of how complex the work of the federal government is. Dans was looking for people who are both angry enough about the state of the country to want to commit four years to serving Donald Trump in Washington to fix it, and yet sufficiently versed in the mechanisms of government to be able to restrain it. “We need many more eyes and ears, many more technicians on the ground,” he told Sharma and Solheim.

    It is idealistic, in its way, the conception of an aggrieved, underappreciated elite that is ready to be summoned to Washington. It sounds a lot like, well, Paul Dans. The question is, how many others like him have been out there all along, just waiting for this?

    Doris Burke contributed research.


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    Inside Ziklag, the Secret Organization of Wealthy Christians Trying to Sway the Election and Change the Country https://www.juancole.com/2024/08/organization-christians-election.html Sat, 03 Aug 2024 04:02:26 +0000 https://www.juancole.com/?p=219814

    The little-known charity is backed by famous conservative donors, including the families behind Hobby Lobby and Uline. It’s spending millions to make a big political push for this election — but it may be violating the law.

    By Andy Kroll, ProPublica, and Nick Surgey, Documented | –

    ( ProPublica; Co-published with Documented ) – A network of ultrawealthy Christian donors is spending nearly $12 million to mobilize Republican-leaning voters and purge more than a million people from the rolls in key swing states, aiming to tilt the 2024 election in favor of former President Donald Trump.

    These previously unreported plans are the work of a group named Ziklag, a little-known charity whose donors have included some of the wealthiest conservative Christian families in the nation, including the billionaire Uihlein family, who made a fortune in office supplies, the Greens, who run Hobby Lobby, and the Wallers, who own the Jockey apparel corporation. Recipients of Ziklag’s largesse include Alliance Defending Freedom, which is the Christian legal group that led the overturning of Roe v. Wade, plus the national pro-Trump group Turning Point USA and a constellation of right-of-center advocacy groups.

    ProPublica and Documented obtained thousands of Ziklag’s members-only email newsletters, internal videos, strategy documents and fundraising pitches, none of which has been previously made public. They reveal the group’s 2024 plans and its long-term goal to underpin every major sphere of influence in American society with Christianity. In the Bible, the city of Ziklag was where David and his soldiers found refuge during their war with King Saul.

    “We are in a spiritual battle and locked in a terrible conflict with the powers of darkness,” says a strategy document that lays out Ziklag’s 30-year vision to “redirect the trajectory of American culture toward Christ by bringing back Biblical structure, order and truth to our Nation.”

    Ziklag’s 2024 agenda reads like the work of a political organization. It plans to pour money into mobilizing voters in Arizona who are “sympathetic to Republicans” in order to secure “10,640 additional unique votes” — almost the exact margin of President Joe Biden’s win there in 2020. The group also intends to use controversial AI software to enable mass challenges to the eligibility of hundreds of thousands of voters in competitive states.

    In a recording of a 2023 internal strategy discussion, a Ziklag official stressed that the objective was the same in other swing states. “The goal is to win,” the official said. “If 75,000 people wins the White House, then how do we get 150,000 people so we make sure we win?”

    According to the Ziklag files, the group has divided its 2024 activities into three different operations targeting voters in battleground states: Checkmate, focused on funding so-called election integrity groups; Steeplechase, concentrated on using churches and pastors to get out the vote; and Watchtower, aimed at galvanizing voters around the issues of “parental rights” and opposition to transgender rights and policies supporting health care for trans people.

    In a member briefing video, one of Ziklag’s spiritual advisers outlined a plan to “deliver swing states” by using an anti-transgender message to motivate conservative voters who are exhausted with Trump.

    But Ziklag is not a political organization: It is a 501(c)(3) tax-exempt charity, the same legal designation as the United Way or Boys and Girls Club. Such organizations do not have to publicly disclose their funders, and donations are tax deductible. In exchange, they are “absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office,” according to the IRS.

    ProPublica and Documented presented the findings of their investigation to six nonpartisan lawyers and legal experts. All expressed concern that Ziklag was testing or violating the law.

    The reporting by ProPublica and Documented “casts serious doubt on this organization’s status as a 501(c)(3) organization,” said Roger Colinvaux, a professor at Catholic University’s Columbus School of Law.

    “I think it’s across the line without a question,” said Lloyd Hitoshi Mayer, a University of Notre Dame law professor.

    Ziklag officials did not respond to a detailed list of questions. Martin Nussbaum, an attorney who said he was the group’s general counsel, said in a written response that “some of the statements in your email are correct. Others are not,” but he then did not respond to a request to specify what was erroneous. The group is seeking to “align” the culture “with Biblical values and the American constitution, and that they will serve the common good,” he wrote. Using the official tax name for Ziklag, he wrote that “USATransForm does not endorse candidates for public office.” He declined to comment on the group’s members.

    There are no bright lines or magic words that the IRS might look for when it investigates a charitable organization for engaging in political intervention, said Mayer. Instead, the agency examines the facts and circumstances of a group’s activities and makes a conclusion about whether the group violated the law.

    The biggest risk for charities that intervene in political campaigns, Mayer said, is loss of their tax-exempt status. Donors’ ability to deduct their donations can be a major sell, not to mention it can create “a halo effect” for the group, Mayer added.

    “They may be able to get more money this way,” he said, adding, “It boils down to tax evasion at the end of the day.”

    “Dominion Over the Seven Mountains”

    Ziklag has largely escaped scrutiny until now. The group describes itself as a “private, confidential, invitation-only community of high-net-worth Christian families.”

    According to internal documents, it boasts more than 125 members that include business executives, pastors, media leaders and other prominent conservative Christians. Potential new members, one document says, should have a “concern for culture” demonstrated by past donations to faith-based or political causes, as well as a net worth of $25 million or more. None of the donors responded to requests for comment.

    Tax records show rapid growth in the group’s finances in recent years. Its annual revenue climbed from $1.3 million in 2018 to $6 million in 2019 and nearly $12 million in 2022, which is the latest filing available.

    The group’s spending is not on the scale of major conservative funders such as Miriam Adelson or Barre Seid, the electronics magnate who gave $1.6 billion to a group led by conservative legal activist Leonard Leo. But its funding and strategy represent one of the clearest links yet between the Christian right and the “election integrity” movement fueled by Trump’s baseless claims about voting fraud. Even several million dollars funding mass challenges to voters in swing counties can make an impact, legal and election experts say.

    Ziklag was the brainchild of a Silicon Valley entrepreneur named Ken Eldred. It emerged from a previous organization founded by Eldred called United In Purpose, which aimed to get more Christians active in the civic arena, according to Bill Dallas, the group’s former director. United In Purpose generated attention in June 2016 when it organized a major meeting between then-candidate Trump and hundreds of evangelical leaders.

    After Trump was elected in 2016, Eldred had an idea, according to Dallas. “He says, ‘I want all the wealthy Christian people to come together,’” Dallas recalled in an interview. Eldred told Dallas that he wanted to create a donor network like the one created by Charles and David Koch but for Christians. He proposed naming it David’s Mighty Men, Dallas said. Female members balked. Dallas found the passage in Chronicles that references David’s soldiers and read that they met in the city of Ziklag, and so they chose the name Ziklag.

    The group’s stature grew after Trump took office. Vice President Mike Pence appeared at a Ziklag event, as did former Housing and Urban Development Secretary Ben Carson, Sen. Ted Cruz, then-Rep. Mark Meadows and other members of Congress. In its private newsletter, Ziklag claims that a coalition of groups it assembled played “a hugely significant role in the selection, hearings and confirmation process” of Amy Coney Barrett for a Supreme Court seat in late 2020.

    Confidential donor networks regularly invest hundreds of millions of dollars into political and charitable groups, from the liberal Democracy Alliance to the Koch-affiliated Stand Together organization on the right. But unlike Ziklag, neither of those organizations is legally set up as a true charity.

    Ziklag appears to be the first coordinated effort to get wealthy donors to fund an overtly Christian nationalist agenda, according to historians, legal experts and other people familiar with the group. “It shows that this idea isn’t being dismissed as fringe in the way that it might have been in the past,” said Mary Ziegler, a legal historian and University of California, Davis law professor.

    The Christian nationalism movement has a variety of aims and tenets, according to the Public Religion Research Institute: that the U.S. government “should declare America a Christian nation”; that American laws “should be based on Christian values”; that the U.S. will cease to exist as a nation if it “moves away from our Christian foundations”; that being Christian is essential to being American; and that God has “called Christians to exercise dominion over all areas of American society.”

    One theology promoted by Christian nationalist leaders is the Seven Mountain Mandate. Each mountain represents a major industry or a sphere of public life: arts and media, business, church, education, family, government, and science and technology. Ziklag’s goal, the documents say, is to “take dominion over the Seven Mountains,” funding Christian projects or installing devout Christians in leadership positions to reshape each mountain in a godly way.

    To address their concerns about education, Ziklag’s leaders and allies have focused on the public-school system. In a 2021 Ziklag meeting, Ziklag’s education mountain chair, Peter Bohlinger, said that Ziklag’s goal “is to take down the education system as we know it today.” The producers of the film “Sound of Freedom,” featuring Jim Caviezel as an anti-sex-trafficking activist, screened an early cut of the film at a Ziklag conference and asked for funds, according to Dallas.

    The Seven Mountains theology signals a break from Christian fundamentalists such as Jerry Falwell Sr. and Pat Robertson. In the 1980s and ’90s, Falwell’s Moral Majority focused on working within the democratic process to mobilize evangelical voters and elect politicians with a Christian worldview.

    The Seven Mountains theology embraces a different, less democratic approach to gaining power. “If the Moral Majority is about galvanizing the voters, the Seven Mountains is a revolutionary model: You need to conquer these mountains and let change flow down from the top,” said Matthew Taylor, a senior scholar at the Institute for Islamic, Christian and Jewish Studies and an expert on Christian nationalism. “It’s an outlined program for Christian supremacy.”

    “The Amorphous, Tumultuous Wild West”

    The Christian right has had compelling spokespeople and fierce commitment to its causes, whether they were ending abortion rights, allowing prayer in schools or displaying the Ten Commandments outside of public buildings. What the movement has often lacked, its leaders argue, is sufficient funding.

    “If you look at the right, especially the Christian right, there were always complaints about money,” said legal historian Ziegler. “There’s a perceived gap of ‘We aren’t getting the support from big-name, big-dollar donors that we deserve and want and need.’”

    That’s where Ziklag comes in.

    Speaking late last year to an invitation-only gathering of Ziklaggers, as members are known, Charlie Kirk, who leads the pro-Trump Turning Point USA organization, named left-leaning philanthropists who were, in his view, funding the destruction of the nation: MacKenzie Scott, ex-wife of Amazon founder Jeff Bezos; billionaire investor and liberal philanthropist George Soros; and the two founders of Google, Larry Page and Sergey Brin.

    “Why are secular people giving more generously than Christians?” Kirk asked, according to a recording of his remarks. “It would be a tragedy,” he added, “if people who hate life, hate our country, hate beauty and hate God wanted it more than us.”

    “Ziklag is the place,” Kirk told the donors. “Ziklag is the counter.”

    Similarly, Pence, in a 2021 appearance at a private Ziklag event, praised the group for its role in “changing lives, and it’s advanced the cause, it’s advanced the kingdom.”

    A driving force behind Ziklag’s efforts is Lance Wallnau, a prominent Christian evangelist and influencer based in Texas who is described by Ziklag as a “Seven Mountains visionary & advisor.” The fiery preacher is one of the most influential figures on the Christian right, experts say, a bridge between Christian nationalism and Trump. He was one of the earliest evangelical leaders to endorse Trump in 2015 and later published a book titled “God’s Chaos Candidate: Donald J. Trump and the American Unraveling.” More than 1 million people follow him on Facebook. He doesn’t try to hide his views: “Yes, I am a Christian nationalist,” he said during one of his livestreams in 2021. (Wallnau did not respond to requests for comment.)

    Wallnau has remained a Trump ally. He called Trump’s time in office a “spiritual warfare presidency” and popularized the idea that Trump was a “modern-day Cyrus,” referring to the Persian king who defeated the Babylonians and allowed the Jewish people to return to Jerusalem. Wallnau has visited with Trump at the White House and Trump Tower; last November, he livestreamed from a black-tie gala at Mar-a-Lago where Trump spoke.

    Wallnau did not come up with the notion that Christians should try to take control of key areas of American society. But he improved on the idea by introducing the concept of the seven mountains and urged Christians to set about conquering them. The concept caught on, said Taylor, because it empowered Christians with a sense of purpose in every sphere of life.

    As a preacher in the independent charismatic tradition, a fast-growing offshoot of Pentecostalism that is unaffiliated with any major denomination, Wallnau and his acolytes believe that God speaks to and through modern-day apostles and prophets — a version of Christianity that Taylor, in his forthcoming book “The Violent Take It By Force,” describes as “the amorphous, tumultuous Wild West of the modern church.” Wallnau and his ideas lingered at the fringes of American Christianity for years, until the boost from the Trump presidency.

    The Ziklag files detail not only what Christians should do to conquer all seven mountains, but also what their goals will be once they’ve taken the summit. For the government mountain, one key document says that “the biblical role of government is to promote good and punish evil” and that “the word of God and prayer play a significant role in policy decisions.”

    For the arts and entertainment mountain, goals include that 80% of the movies produced be rated G or PG “with a moral story,” and that many people who work in the industry “operate under a biblical/moral worldview.” The education section says that homeschooling should be a “fundamental right” and the government “must not favor one form of education over another.”

    Other internal Ziklag documents voice strong opposition to same-sex marriage and transgender rights. One reads: “transgender acceptance = Final sign before imminent collapse.”

    Heading into the 2024 election year, Ziklag executive director Drew Hiss warned members in an internal video that “looming above and beyond those seven mountains is this evil force that’s been manifesting itself.” He described it as “a controlling, evil, diabolical presence, really, with tyranny in mind.” That presence was concentrated in the government mountain, he said. If Ziklaggers wanted to save their country from “the powers of darkness,” they needed to focus their energies on that government mountain or else none of their work in any other area would succeed.

    “Operation Checkmate”

    In the fall of 2023, Wallnau sat in a gray armchair in his TV studio. A large TV screen behind him flashed a single word: “ZIKLAG.”

    “You almost hate to put it out this clearly,” he said as he detailed Ziklag’s electoral strategy, “because if somebody else gets ahold of this, they’ll freak out.”

    He was joined on set by Hiss, who had just become the group’s new day-to-day leader. The two men were there to record a special message to Ziklag members that laid out the group’s ambitious plans for the upcoming election year.

    The forces arrayed against Christians were many, according to the confidential video. They were locked in a “spiritual battle,” Hiss said, against Democrats who were a “radical left Marxist force.” Biden, Wallnau said, was a senile old man and “an empty suit with an agenda that’s written and managed by somebody else.”

    In the files, Ziklag says it plans to give out nearly $12 million to a constellation of groups working on the ground to shift the 2024 electorate in favor of Trump and other Republicans.

    A prominent conservative getting money from Ziklag is Cleta Mitchell, a lawyer and Trump ally who joined the January 2021 phone call when then-President Trump asked Georgia’s secretary of state to “find” enough votes to flip Georgia in Trump’s favor.

    Mitchell now leads a network of “election integrity” coalitions in swing states that have spent the last three years advocating for changes to voting rules and how elections are run. According to one internal newsletter, Ziklag was an early funder of Mitchell’s post-2020 “election integrity” activism, which voting-rights experts have criticized for stoking unfounded fears about voter fraud and seeking to unfairly remove people from voting rolls. In 2022, Ziklag donated $600,000 to the Conservative Partnership Institute, which in turn funds Mitchell’s election-integrity work. Internal Ziklag documents show that it provided funding to enable Mitchell to set up election integrity infrastructure in Florida, North Carolina and Wisconsin.

    Now Mitchell is promoting a tool called EagleAI, which has claimed to use artificial intelligence to automate and speed up the process of challenging ineligible voters. EagleAI is already being used to mount mass challenges to the eligibility of hundreds of thousands of voters in competitive states, and, with Ziklag’s help, the group plans to ramp up those efforts.

    According to an internal video, Ziklag plans to invest $800,000 in “EagleAI’s clean the rolls project,” which would be one of the largest known donations to the group.

    Ziklag lists two key objectives for Operation Checkmate: “Secure 10,640 additional unique votes in Arizona (mirroring the 2020 margin of 10,447 votes), and remove up to one million ineligible registrations and around 280,000 ineligible voters in Arizona, Nevada, Georgia, and Wisconsin.”

    In a recording of an internal Zoom call, Ziklag’s Mark Bourgeois stressed the electoral value of targeting Arizona. “I care about Maricopa County,” Bourgeois said at one point, referring to Arizona’s largest county, which Biden won four years ago. “That’s how we win.”

    For Operation Watchtower, Wallnau explained in a members-only video that transgender policy was a “wedge issue” that could be decisive in turning out voters tired of hearing about Trump.

    The left had won the battle over the “homosexual issue,” Wallnau said. “But on transgenderism, there’s a problem and they know it.” He continued: “They’re gonna wanna talk about Trump, Trump, Trump. … Meanwhile, if we talk about ‘It’s not about Trump. It’s about parents and their children, and the state is a threat,’” that could be the “target on the forehead of Goliath.”

    The Ziklag files describe tactics the group plans to use around parental rights — policies that make it easier for parents to control what’s taught in public schools — to turn out conservative voters. In a fundraising video, the group says it plans to underwrite a “messaging and data lab” focused on parental rights that will supply “winning messaging to all our partner groups to create unified focus among all on the right.” The goal, the video says, is to make parental rights “the difference-maker in the 2024 election.”

    According to Wallnau, Ziklag also plans to fund ballot initiatives in seven key states — Arizona, Colorado, Florida, Michigan, Montana, Nevada and Ohio — that take aim at the transgender community by seeking to ban “genital mutilation.” The seven states targeted are either presidential battlegrounds or have competitive U.S. Senate races. None of the initiatives is on a state ballot yet.

    “People that are lethargic about the election or, worse yet, they’re gonna be all Trump-traumatized with the news cycle — this issue will get people to come out and vote,” Wallnau said. “That ballot initiative can deliver swing states.”

    The last prong of Ziklag’s 2024 strategy is Operation Steeplechase, which urges conservative pastors to mobilize their congregants to vote in this year’s election. This project will work in coordination with several prominent conservative groups that support former president Trump’s reelection, such as Turning Point USA’s faith-based group, the Faith and Freedom Coalition run by conservative operative Ralph Reed and the America First Policy Institute, one of several groups closely allied with Trump.

    Ziklag says in a 2023 internal video that it and its allies will “coordinate extensive pastor and church outreach through pastor summits, church-focused messaging and events and the creation of pastor resources.” As preacher and activist John Amanchukwu said at a Ziklag event, “We need a church that’s willing to do anything and everything to get to the point where we reclaim that which was stolen from us.”

    Six tax experts reviewed the election-related strategy discussions and tactics reported in this story. All of them said the activities tested or ran afoul of the law governing 501(c)(3) charities. The IRS and the Texas attorney general, which would oversee the Southlake, Texas, charity, did not respond to questions.

    While not all of its political efforts appeared to be clear-cut violations, the experts said, others may be: The stated plan to mobilize voters “sympathetic to Republicans,” Ziklag officials openly discussing the goal to win the election, and Wallnau’s call to fund ballot initiatives that would “deliver swing states” while at the same time voicing explicit criticism of Biden all raised red flags, the experts said.

    “I am troubled about a tax-exempt charitable organization that’s set up and its main operation seems to be to get people to win office,” said Phil Hackney, a professor of law at the University of Pittsburgh and an expert on tax-exempt organizations.

    “They’re planning an election effort,” said Marcus Owens, a tax lawyer at Loeb and Loeb and a former director of the IRS’ exempt organizations division. “That’s not a 501(c)(3) activity.”

    Do you have any information about Ziklag or the Christian right’s plans for 2024 that we should know? Andy Kroll can be reached by email at andy.kroll@propublica.org and by Signal or WhatsApp at 202-215-6203.

    Via ProPublica

    —-

    Bonus Video added by Informed Comment:

    “Democracy Now! Video – “Ziklag Exposed: Secretive Christian Nationalist Network Tries to Purge Voters in Battleground States”

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    The Delusion of Advanced Plastic Recycling https://www.juancole.com/2024/06/delusion-advanced-recycling.html Mon, 24 Jun 2024 04:06:47 +0000 https://www.juancole.com/?p=219216 By Lisa Song, Illustrations by Max Guther, special to ProPublica

    ( ProPublica ) – Last year, I became obsessed with a plastic cup.

    It was a small container that held diced fruit, the type thrown into lunch boxes. And it was the first product I’d seen born of what’s being touted as a cure for a crisis.

    Plastic doesn’t break down in nature. If you turned all of what’s been made into cling wrap, it would cover every inch of the globe. It’s piling up, leaching into our water and poisoning our bodies.

    Scientists say the key to fixing this is to make less of it; the world churns out 430 million metric tons each year.

    But businesses that rely on plastic production, like fossil fuel and chemical companies, have worked since the 1980s to spin the pollution as a failure of waste management — one that can be solved with recycling.

    Industry leaders knew then what we know now: Traditional recycling would barely put a dent in the trash heap. It’s hard to transform flimsy candy wrappers into sandwich bags, or to make containers that once held motor oil clean enough for milk.

    Now, the industry is heralding nothing short of a miracle: an “advanced”type of recycling known as pyrolysis — “pyro” means fire and “lysis” means separation. It uses heat to break plastic all the way down to its molecular building blocks.

    While old-school, “mechanical” recycling yields plastic that’s degraded or contaminated, this type of “chemical” recycling promises plastic that behaves like it’s new, and could usher in what the industry casts as a green revolution: Not only would it save hard-to-recycle plastics like frozen food wrappers from the dumpster, but it would turn them into new products that can replace the old ones and be chemically recycled again and again.

    So when three companies used ExxonMobil’s pyrolysis-based technology to successfully conjure up that fruit cup, they announced it to the world.

    “This is a significant milestone,” said Printpack, which turned the plastic into cups. The fruit supplier Pacific Coast Producers called it “the most important initiative a consumer-packaged goods company can pursue.”

    “ExxonMobil is supporting the circularity of plastics,” the August 2023 news release said, citing a buzzword that implies an infinite loop of using, recycling and reusing.

    They were so proud, I hoped they would tell me all about how they made the cup, how many of them existed and where I could buy one.

    Let’s take a closer look at that Printpack press release, which uses convoluted terms to describe the recycled plastic in that fruit cup:

    “30% ISCC PLUS certified-circular”

    “mass balance free attribution”

    It’s easy to conclude the cup was made with 30% recycled plastic — until you break down the numerical sleight of hand that props up that number.

    It took interviews with a dozen academics, consultants, environmentalists and engineers to help me do just that.

    Stick with me as I unravel it all.

    So began my long — and, well, circular — pursuit of the truth at a time when it really matters.

    This year, nearly all of the world’s countries are hammering out a United Nations treaty to deal with the plastic crisis. As they consider limiting production, the industry is making a hard push to shift the conversation to the wonders of chemical recycling. It’s also buying ads during cable news shows as U.S. states consider laws to limit plastic packaging and lobbying federal agencies to loosen the very definition of what it means to recycle.

    It’s been selling governments on chemical recycling, with quite a bit of success. American and European regulatorshave spent tens of millions subsidizing pyrolysis facilities. Half of all U.S. states have eased air pollution rules for the process, which has been found to release carcinogens like benzene and dioxins and give off more greenhouse gases than making plastic from crude oil.

    Given the high stakes of this moment, I set out to understand exactly what the world is getting out of this recycling technology. For months, I tracked press releases, interviewed experts, tried to buy plastic made via pyrolysis and learned more than I ever wanted to know about the science of recycled molecules.

    Under all the math and engineering, I found an inconvenient truth: Not much is being recycled at all, nor is pyrolysis capable of curbing the plastic crisis.

    Not now. Maybe not ever.

    In traditional recycling, plastic is turned into tiny pellets or flakes, which you can melt again and mold back into recycled plastic products.

    Even in a real-life scenario, where bottles have labels and a little bit of juice left in them, most of the plastic products that go into the process find new life.

    The numbers are much lower for pyrolysis.

    CBS Sunday Morning video: “Critics call out plastics industry over recycling ‘fraud'”

    It’s “very, very, very, very difficult” to break down plastic that way, said Steve Jenkins, vice president of chemicals consulting at Wood Mackenzie, an energy and resources analytics firm. “The laws of nature and the laws of physics are trying to stop you.”

    Waste is heated until it turns into oil. Part of that oil is composed of a liquid called naphtha, which is essential for making plastic.

    There are two ingredients in the naphtha that recyclers want to isolate: propylene and ethylene — gases that can be turned into solid plastics.

    To split the naphtha into different chemicals, it’s fed into a machine called a steam cracker. Less than half of what it spits out becomes propylene and ethylene.

    This means that if a pyrolysis operator started with 100 pounds of plastic waste, it can expect to end up with 15-20 pounds of reusable plastic. Experts told me the process can yield less if the plastic used is dirty or more if the technology is particularly advanced.

    I reached out to several companies to ask how much new plastic their processes actually yield, and none provided numbers. The American Chemistry Council, the nation’s largest plastic lobby, told me that because so many factors impact a company’s yield, it’s impossible to estimate that number for the entire industry.

    With mechanical recycling, it’s hard to make plastic that’s 100% recycled; it’s expensive to do, and the process degrades plastic. Recycled pellets are often combined with new pellets to make stuff that’s 25% or 50% recycled, for example.

    But far less recycled plastic winds up in products made through pyrolysis.

    That’s because the naphtha created using recycled plastic is contaminated. Manufacturers add all kinds of chemicals to make products bend or keep them from degrading in the sun.

    Recyclers can overpower them by heavily diluting the recycled naphtha. With what, you ask? Nonrecycled naphtha made from ordinary crude oil!

    This is the quiet — and convenient — part of the industry’s revolutionary pyrolysis method: It relies heavily on extracting fossil fuels. At least 90% of the naphtha used in pyrolysis is fossil fuel naphtha. Only then can it be poured into the steam cracker to separate the chemicals that make plastic.

    So at the end of the day, nothing that comes out of pyrolysis physically contains more than 10% recycled material (though experts and studies have shown that, in practice, it’s more like 5% or 2%).

    Ten percent doesn’t look very impressive. Some consumers are willing to pay a premium for sustainability, so companies use a form of accounting called mass balance to inflate the recycled-ness of their products. It’s not unlike offset schemes I’ve uncovered that absolve refineries of their carbon emissions and enable mining companies to kill chimpanzees. Industry-affiliated groups like the International Sustainability and Carbon Certification write the rules. (ISCC didn’t respond to requests for comment.)

    To see how this works, let’s take a look at what might happen to a batch of recycled naphtha. Let’s say the steam cracker splits the batch into 100 pounds of assorted ingredients.

    There are many flavors of this kind of accounting. Another version of free attribution would allow the company to take that entire 30-pound batch of “33% recycled” pouches and split them even further:

    A third of them, 10 pounds, could be labeled 100% recycled — shifting the value of the full batch onto them — so long as the remaining 20 pounds aren’t labeled as recycled at all.

    As long as you avoid double counting, Jenkins told me, you can attribute the full value of recycled naphtha to the products that will make the most money. Companies need that financial incentive to recoup the costs of pyrolysis, he said.

    But it’s hard to argue that this type of marketing is transparent. Consumers aren’t going to parse through the caveats of a 33% recycled claim or understand how the green technology they’re being sold perpetuates the fossil fuel industry. I posed the critiques to the industry, including environmentalists’ accusations that mass balance is just a fancy way of greenwashing.

    The American Chemistry Council told me it’s impossible to know whether a particular ethylene molecule comes from pyrolysis naphtha or fossil fuel naphtha; the compounds produced are “fungible” and can be used for multiple products, like making rubber, solvents and paints that would reduce the amount of new fossil fuels needed. Its statement called mass balance a “well-known methodology” that’s been used by other industries including fair trade coffee, chocolate and renewable energy.

    Legislation in the European Union already forbids free attribution, and leaders are debating whether to allow other forms of mass balance. U.S. regulation is far behind that, but as the Federal Trade Commission revises its general guidelines for green marketing, the industry is arguing that mass balance is crucial to the future of advanced recycling. “The science of advanced recycling simply does not support any other approach because the ability to track individual molecules does not readily exist,” said a comment from ExxonMobil.

    If you think navigating the ins and outs of pyrolysis is hard, try getting your hands on actual plastic made through it.

    It’s not as easy as going to the grocery store. Those water bottles you might see with 100% recycled claims are almost certainly made through traditional recycling. The biggest giveaway is that the labels don’t contain the asterisks or fine print typical of products made through pyrolysis, like “mass balance,” “circular” or “certified.”

    When I asked about the fruit cup, ExxonMobil directed me to its partners. Printpack didn’t respond to my inquiries. Pacific Coast Producers told me it was “engaged in a small pilot pack of plastic bowls that contain post-consumer content with materials certified” by third parties, and that it “has made no label claims regarding these cups and is evaluating their use.”

    I pressed the American Chemistry Council for other examples.

    “Chemical recycling is a proven technology that is already manufacturing products, conserving natural resources, and offering the potential to dramatically improve recycling rates,” said Matthew Kastner, a media relations director. His colleague added that much of the plastic made via pyrolysis is “being used for food- and medical-grade packaging, oftentimes not branded.”

    They provided links to products including a Chevron Phillips Chemical announcement about bringing recycled plastic food wrapping to retail stores.

    “For competitive reasons,” a Chevron spokesperson declined to discuss brand names, the product’s availability or the amount produced.

    In another case, a grocery store chain sold chicken wrapped in plastic made by ExxonMobil’s pyrolysis process. The producers told me they were part of a small project that’s now discontinued.

    In the end, I ran down half a dozen claims about products that came out of pyrolysis; each either existed in limited quantities or had its recycled-ness obscured with mass balance caveats.

    Then this April, nearly eight months after I’d begun my pursuit, I could barely contain myself when I got my hands on an actual product.

    I was at a United Nations treaty negotiation in Ottawa, Ontario, and an industry group had set up a nearby showcase. On display was a case of Heinz baked beans, packaged in “39% recycled plastic*.” (The asterisk took me down an online rabbit hole about certification and circularity. Heinz didn’t respond to my questions.)

    This, too, was part of an old trial. The beans were expired.

    Pyrolysis is a “fairy tale,” I heard from Neil Tangri, the science and policy director at the environmental justice network Global Alliance for Incinerator Alternatives. He said he’s been hearing pyrolysis claims since the ’90s but has yet to see proof it works as promised.

    “If anyone has cracked the code for a large-scale, efficient and profitable way to turn plastic into plastic,” he said, “every reporter in the world” would get a tour.

    If I did get a tour, I wondered, would I even see all of that stubborn, dirty plastic they were supposedly recycling?

    The industry’s marketing implied we could soon toss sandwich bags and string cheese wrappers into curbside recycling bins, where they would be diverted to pyrolysis plants. But I grew skeptical as I watched a webinar for ExxonMobil’s pyrolysis-based technology, the kind used to make the fruit cup. The company showed photos of plastic packaging and oil field equipment as examples of its starting material but then mentioned something that made me sit up straight: It was using pre-consumer plastic to “give consistency” to the waste stream.

    Chemical plants need consistency, so it’s easier to use plastic that hasn’t been gunked up by consumer use, Jenkins explained.

    But plastic waste that had never been touched by consumers, such as industrial scrap found at the edges of factory molds, could easily be recycled the old-fashioned way. Didn’t that negate the need for this more polluting, less efficient process?

    I asked ExxonMobil how much post-consumer plastic it was actually using. Catie Tuley, a media relations adviser, said it depends on what’s available. “At the end of the day, advanced recycling allows us to divert plastic waste from landfills and give new life to plastic waste.”

    I posed the same question to several other operators. A company in Europe told me it uses “mixed post-consumer, flexible plastic waste” and does not recycle pre-consumer waste.

    But this spring at an environmental journalism conference, an American Chemistry Council executive confirmed the industry’s preference for clean plastic as he talked about an Atlanta-based company and its pyrolysis process. My colleague Sharon Lerner asked whether it was sourcing curbside-recycled plastic for pyrolysis.

    If Nexus Circular had a “magic wand,” it would, he acknowledged, but right now that kind of waste “isn’t good enough.” He added, “It’s got tomatoes in it.”

    (Nexus later confirmed that most of the plastic it used was pre-consumer and about a third was post-consumer, including motor oil containers sourced from car repair shops and bags dropped off at special recycling centers.)

    Clean, well-sorted plastic is a valuable commodity. If the chemical recycling industry grows, experts told me, those companies could end up competing with the far more efficient traditional recycling.

    To spur that growth, the American Chemistry Council is lobbying for mandates that would require more recycled plastic in packaging; it wants to make sure that chemically recycled plastic counts. “This would create market-driven demand signals,” Kastner told me, and ease the way for large-scale investment in new chemical recycling plants.

    I asked Jenkins, the energy industry analyst, to play out this scenario on a larger scale.

    Were all of these projects adding up? Could the industry conceivably make enough propylene and ethylene through pyrolysis to replace much of our demand for new plastic?

    He looked three years into the future, using his company’s latest figures on global pyrolysis investment, and gave an optimistic assessment.

    At best, the world could replace 0.2% of new plastic churned out in a year with products made through pyrolysis.

    ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

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