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      Biden nominates Julie Su as his first Asian American cabinet secretary

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      Biden nominates Julie Su as his first Asian American cabinet secretaryPresident calls Su, who is still to be confirmed by the Senate, ‘the American dream’ as he picks her to lead US labor departmentCalling her “the American dream”, Joe Biden on Wednesday introduced his nominee to lead the US labor department, Julie Su, who if confirmed will become the first Asian American cabinet secretary in his administration.“Julie is the American dream,” the president said in a White House ceremony.Su is a civil rights attorney and a former head of the California labor department. Biden noted how both her parents came to the US from China, her mother holding a union job and her father owning a small business.“I think even more importantly, she’s committed to making sure that dream is within reach of every American,” Biden said.In her own remarks to lawmakers and officials, Su said: “Sixty years ago, my mom came to the United States on a cargo ship because she couldn’t afford a passenger ticket.“Recently, she got a call from the president of the United States telling her that her daughter was going to be nominated to be US labor secretary.”Noting that a union job gave her parents a path to the middle class, eventually leading her to college at Stanford and law school at Harvard, Su said: “I believe in the transformative power of America, and I know the transformative power of a good job.”Lawmakers have pressured Biden for not having any cabinet secretaries of Asian American or Pacific Islander (AAPI) descent, though the parents of the US trade representative, Katherine Tai, grew up in Taiwan and the mother of the vice-president, Kamala Harris, was Indian.In a nod to that pressure, Biden opened Wednesday’s ceremony by remarking: “If in fact you were not picked to be the next secretary of labor, I would be run out of town.”Su is currently deputy labor secretary. If confirmed she will take over from Marty Walsh, who is leaving to lead the National Hockey League player’s union.Biden said: “If I ever want anybody in the foxhole with me, I want Marty Walsh.”As Walsh’s deputy, Su was central to negotiations between labor and freight rail companies last year, working to avert a strike. She has also worked to broaden employee training and crack down on wage theft.Her nomination will run through the Senate, which is controlled by Biden’s Democratic allies. Su has drawn support. The Senate majority leader, Chuck Schumer, said on Tuesday she would be “phenomenal” in the job.“The president couldn’t have picked a better nominee,” the New Yorker told reporters. “I’m really excited about her, and we’re going to move to consider her nomination very, very quickly.”Bernie Sanders of Vermont, who will preside over Su’s confirmation as chair of the Senate health, education, labor and pensions committee, also praised the selection.“I’m confident Julie Su will be an excellent secretary of labor,” Sanders tweeted. “I look forward to working with her to protect workers’ rights and build the trade union movement in this country.”The Louisiana senator Bill Cassidy, the top Republican on the committee, opposed Su when she was selected for deputy secretary. He called her record “troubling” and “anti-worker”.The committee should “have a full and thorough hearing process”, Cassidy said.In the House, Judy Chu, the California Democrat who chairs the Congressional Asian Pacific American Caucus, said she was “overjoyed” and thanked Biden for “nominating your first AAPI cabinet secretary”.“It certainly is better late than never,” Chu said.The Associated Press contributed reportingTopicsJoe BidenUS politicsBiden administrationnewsReuse this content More

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      Biden administration urges Congress to renew warrantless surveillance law

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      Biden administration urges Congress to renew warrantless surveillance lawSection 702 cast as an essential tool to gather intelligence about terrorists and other foreign targets located overseasThe Biden administration has formally urged Congress to reauthorize a high-profile warrantless surveillance program, warning in a letter to top lawmakers that allowing the provision to expire could sharply limit the intelligence on foreign threats and targets the government collects.The law – named section 702 – allows the US government to collect the communications of targeted foreigners abroad by compelling service providers like Google to produce copies of messages and internet data, or networks like Verizon to intercept and turn over phone call and message data.Biden administration under pressure as Israel-Palestine violence escalatesRead moreBut the law is controversial because it allows the government to incidentally collect messages and phone data of Americans without a court order if they interacted with the foreign target, even though the law prohibits section 702 from being used by the NSA to specifically target US citizens.The administration’s efforts to reauthorize section 702 as it currently stands could face increased resistance this year, with Republicans on the House judiciary committee sharing Donald Trump’s distrust of intelligence agencies and past FBI errors in using the warrantless surveillance authority.To that end, the administration moved to cast the provision that would otherwise expire at the end of 2023 as an essential tool to gather intelligence about terrorists, weapons proliferators, hackers and other foreign targets located overseas who use US telecommunication providers.“The information acquired using Section 702 plays a key role in keeping the United States, its citizens, and its allies safe,” the Attorney General Merrick Garland and the director of national intelligence, Avril Haines, wrote in the letter sent Monday. “There is no way to replicate Section 702’s speed, reliability, specificity and insight.”Congress enacted section 702 as part of a 2008 amendment to the Foreign Intelligence Surveillance Act (FISA) of 1978 that legalized the kind of surveillance used in the secret “Stellarwind” warrantless wiretapping program authorized by George Bush after the 11 September 2001 terrorist attacks.The provision continues to be used as a counterintelligence tool, the letter said, and played a role in the drone strike last year that killed al-Qaida leader Ayman Al-Zawahiri. Section 702 information remains a large portion of the presidential daily brief, a source familiar with the matter added.But the government has moved to use the full scope of the powers from section 702, including as it applies to US citizens.When the NSA collects incidental intercepts between foreign targets and Americans, it generally stores the raw messages for five years in a searchable database where agents can use Americans’ identifiers – like names, email addresses, phone numbers and social security numbers – to filter results.The database is also accessible to the FBI for domestic investigations in certain circumstances, in a practice decried by civil liberties groups as a “back door search loophole” to the fourth amendment requirement that the government obtain search warrants to access Americans’ private communications.For Americans’ information, the NSA, CIA and National Counterterrorism Center need a reason to believe the surveillance would reveal information about foreign intelligence. Since 2018, the FBI has needed a court order to review anything in criminal investigations with no link to national security.The recent requirement for the FBI came in part after an inspector general report found repeated errors and omissions during its Russia investigation in applications for FISA wiretaps against Trump 2016 campaign aide Carter Page – though the authority for that kind of wiretapping is not the one that is expiring.The FBI missteps with Page has led Trump allies on Capitol Hill, most notably the Republican chair of the House judiciary committee Jim Jordan who shares jurisdiction over FISA with the intelligence committee, to tell Fox News last year: “I think we should not even reauthorize FISA.”The letter to top lawmakers came as the head of the US justice department’s national security division and former FBI official Matthew Olsen made the case for reauthorizing section 702 in remarks at the Brookings Institute in Washington, DC.“Its value cannot be overstated,” Olsen said. “Without 702, we will lose indispensable intelligence for our decision makers and warfighters, as well as those of our allies. And we have no fallback authority that could come close to making up for that loss.”TopicsBiden administrationSurveillanceUS politicsUS CongressnewsReuse this content More

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      Covid-19 likely emerged from laboratory leak, US energy department says

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      Covid-19 likely emerged from laboratory leak, US energy department saysUpdated finding a departure from previous studies on how the virus emerged and comes with ‘low confidence’The virus which drove the Covid-19 pandemic most likely emerged from a laboratory leak but not as part of a weapons program, according to an updated and classified 2021 US energy department study provided to the White House and senior American lawmakers, the Wall Street Journal reported on Sunday.The department’s finding – a departure from previous studies on how the virus emerged – came in an update to a document from the office of National Intelligence director Avril Haines. It follows an FBI finding, issued with “moderate confidence”, that the virus spread after leaking out of a Chinese laboratory.The conclusion from the energy department – which oversees a network of 17 US laboratories, including areas of advanced biology – is considered significant despite the fact that, as the report said, the agency made its updated judgment with “low confidence”.Conflicting hypotheses on the origins of Covid-19 have centered either on an unidentified animal transmitting the virus to humans or its accidental leak from a Chinese research laboratory in Wuhan.The spread of Covid-19, just one in a line of infectious coronoviruses to emerge, caught global health bodies unawares in early 2020. It has since caused close to 7 million deaths worldwide, according to the World Health Organization, and disrupted trade as well as travel.Former US president Donald Trump politicized the issue, calling it the “China virus”, triggering a racialization of a pandemic that his Democratic successor Joe Biden has sought to avoid. But political polarization remains under the surface of efforts to establish its origins.The energy department’s updated findings run counter to reports by four other US intelligence agencies that concluded the epidemic started as the result of natural transmission from an infected animal. Two agencies remain undecided.US officials, the Journal said, also declined to expand on new intelligence or analysis that led the energy department to change its position. They also noted that the energy department and FBI arrived at the same conclusion for different reasons.The CIA remains undecided between leak and natural transmission theories, according to the National Intelligence Council study. But while the initial 2021 report did not reach a conclusion, it did offer a consensus view that Covid-19 was not part of a Chinese biological weapons program.The National Security adviser, Jake Sullivan, acknowledged Sunday that there are a “variety of views” within US intelligence agencies on the issue.“Some elements of the intelligence community have reached conclusions on one side, some on the other, and a number have said they just don’t have enough information to be sure,” Sullivan told CNN.But he said that the Biden administration has “directed repeatedly every element of our intelligence community to put effort and resources on getting to the bottom of this question”.Sullivan added that Biden had specifically requested that the National Laboratories under the energy department be brought into the assessment. “He wants to put every tool at use to figure out what happened,” Sullivan said.“Right now there is not a definitive answer to emerge from the intelligence community on this question,” he added, referring to eight of 18 agencies – along with the National Intelligence Council – that have looked in Covid-19s origins.A previous report by the energy department’s Lawrence Livermore National Laboratory in May 2020 concluded that a lab-leak theory was plausible.The updated, five-page NIC assessment, the Journal reported, “was done in light of new intelligence, further study of academic literature and consultation with experts outside government” and comes as Republicans in Congress press for more information.A spokesperson for the energy department wrote in a statement that the agency “continues to support the thorough, careful, and objective work of our intelligence professionals in investigating the origins of Covid-19, as the president directed”.Chinese officials have disputed that Covid-19 could have leaked from its labs, among them the Wuhan Institute of Virology, the Chinese Center for Disease Control and Prevention, (CDC) and the Wuhan Institute of Biological Products.According to the initial US 2021 intelligence report, Covid-19 first circulated in Wuhan, China, no later than November 2019, when three researchers from the Wuhan Institute of Virology – reportedly involved in coronavirus research – were sick enough to seek hospital care.TopicsCoronavirusUS politicsChinaAsia PacificBiden administrationnewsReuse this content More

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      Joe Biden nominates former Mastercard boss Ajay Banga to lead World Bank

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      Joe Biden nominates former Mastercard boss Ajay Banga to lead World BankUS president puts forward choice to oversee new focus on climate crisis after resignation of Trump appointee David MalpassJoe Biden has nominated a former boss of Mastercard with decades of experience on Wall Street to lead the World Bank and oversee a shake-up at the development organisation to shift its focus to the climate crisis.The US president’s choice of Ajay Banga, an American citizen born in India, comes a week after David Malpass, a Donald Trump appointee, quit the role.The World Bank’s governing body is expected to make a decision in May, but the US is the Washington-based organisation’s largest shareholder and has traditionally been allowed to nominate without challenge its preferred candidate for the post.Malpass, who is due to step down on 30 June, was nominated by Trump in February 2019 and took up the post officially that April. He is known to have lost the confidence of Biden’s head of the US Treasury, Janet Yellen, who with other shareholders wanted to expand the bank’s development remit to include the climate crisis and other global challenges.Malpass upset the Biden administration when he appeared to question the extent to which humans had contributed to global heating.World Bank chief resigns after climate stance misstepRead moreBiden said he wanted Banga to use his decades of experience on Wall Street to support private-sector lending to countries in the developing world.“Ajay is uniquely equipped to lead the World Bank at this critical moment in history. He has spent more than three decades building and managing successful, global companies that create jobs and bring investment to developing economies, and guiding organisations through periods of fundamental change,” the president said.“He has a proven track record managing people and systems, and partnering with global leaders around the world to deliver results,” he added.Anti-poverty groups are expected to question Banga’s commitment to fighting the climate crisis using private sector funds. Several countries have defaulted on foreign loans, in effect declaring themselves bankrupt, and are locked in negotiations with banks and other private-sector lenders to reduce their debts.The World Bank said the first criterion for a future president was “a proven track record of leadership and accomplishment, particularly in development”.Banga has recently joined several bodies as a climate adviser. He became vice-chairman of General Atlantic’s climate-focused fund, BeyondNetZero, at its inception in 2021.Raised in India, Banga is expected to appeal to many developing world leaders as an executive bringing financial acumen to the job and a strong relationship to the Biden administration.skip past newsletter promotionafter newsletter promotionThe World Bank’s board has rebutted previous criticism of its commitment to reducing global heating, saying that climate finance doubled under Malpass from $14bn (£12bn) in 2019 to $32bn last year.John Kerry, Biden’s climate envoy, said Banga was “the right choice to take on the responsibilities of the World Bank at this critical moment”.He said it would allow the World Bank to “mobilise capital to power the green transition”.Manish Bapna, chief executive of the research organisation, the Natural Resources Defense Council, said Banga would need to be a “transformative leader with a clear vision for ambitious climate action” who must prevent the world’s most vulnerable people from being “forced to pay a price they can’t afford for a crisis they didn’t cause”.TopicsWorld BankGlobal economyJoe BidenBiden administrationUS politicsnewsReuse this content More

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      Republicans in the US ‘battery belt’ embrace Biden’s climate spending

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      Republicans in the US ‘battery belt’ embrace Biden’s climate spending Southern states led by Republicans did not vote for climate spending, but now embrace clean energy dollars like never beforeGeorgia, a state once known for its peaches and peanuts, is rapidly becoming a crucible of clean energy technology in the US, leading a pack of Republican-led states enjoying a boom in renewables investment that has been accelerated by Joe Biden’s climate agenda.Since the passage of the Inflation Reduction Act (IRA) in August, billions of dollars of new clean energy investment has been announced for solar, electric vehicle and battery manufacturing in Georgia, pushing it to the forefront of a swathe of southern states that are becoming a so-called “battery belt” in the economic transition away from fossil fuels.Biden’s climate bill victory was hard won. Now, the real battle startsRead more“It seems like all roads are currently leading to Georgia, it’s really benefiting disproportionately from the Inflation Reduction Act right now,” said Aaron Brickman, senior principal at energy research nonprofit RMI. Brickman said the $370bn in clean energy incentives and tax credits in the bill are a “complete game changer. We’ve just frankly never had that before in this country. The IRA has transformed the landscape in a staggering way”.Georgia is part of a pattern where Republican-headed states have claimed the lion’s share of new renewable energy and electric vehicle activity since the legislation, with Republican-held Congressional districts hosting more than 80% of all utility-scale wind or solar farms and battery projects currently in advanced development, according to an analysis by American Clean Power.States blessed with plentiful wind and sunshine, along with significant rural and industrial communities, such as those across the Great Plains and the south, appear best positioned to capitalize on the climate bill. Texas, already a bastion of wind power, could see $131bn in IRA-linked investment this decade, Florida may see $62bn and Georgia $16bn, according to an RMI analysis.The irony of this bonanza, which is coming despite no Republican voting for the climate spending, was alluded to by Biden in his recent state of the union address. “My Republican friends who voted against it – I still get asked to fund the projects in those districts as well,” the US president said, to jeers from some members of Congress. “But don’t worry, I promised I’d be a president for all Americans. We’ll fund these projects and I’ll see you at the groundbreaking.”Beeswarm bubble chart of states’ IRA climate investmentsA mixed political groundbreaking did take place in Georgia in October, when Brian Kemp, the Republican governor, was served champagne by a robotic dog before ceremonially shoveling dirt alongside Democratic senators Raphael Warnock and Jon Ossoff to kick off Hyundai’s first dedicated electric vehicle plant in the US.The $5.5bn facility in Bryan county, which will create around 8,000 jobs when it opens in 2025, came about because “we heard the clarion call of this administration to hasten the adoption of new electric vehicles and reduce carbon emissions”, according to José Muñoz, Hyundai’s global president.Ossoff told the Guardian he has long held a vision that Georgia “should be the advanced energy innovation and manufacturing hub for the US” and credits a bill he wrote, the Solar Energy Manufacturing for America Act, which was then folded into the IRA, for helping convince Hanwha Qcells, another South Korean-owned company, to commit $2.5bn for two new solar panel factories in the state in January.“This targeted legislation was by no means a foregone conclusion but passing it has opened the floodgates in Georgia,” Ossoff said. Democrats have touted the bill for not only helping tackle the climate crisis but also as a way to wrest the initiative from China, which has dominated the manufacturing of parts for clean energy systems and electric cars until now.Georgia’s embrace of clean energy technology was underway before the IRA, with Atlanta, bolstered by leading renewables research at Georgia Tech, increasingly viewed as an innovative fulcrum. In 2021, Freyr, a Norwegian company, announced a $1.7bn battery plant for Coweta county, south of Atlanta, while SK Battery, yet another South Korean-owned firm, said last spring it will hire another 3,000 workers at its battery factory in Commerce, north-east of Georgia’s capital.Rivian, the electric car company, meanwhile is keen to build a sprawling $5bn facility east of Atlanta although it has faced opposition from some residents in the small town of Rutledge, who have sued to stop the development.But last year’s IRA, with its sweeping tax incentives for emissions-reducing technologies, has made the environment even more enticing. Scott Moskowitz, head of market strategy for Qcells said that Georgia has been a “great home” since 2019 but that the IRA is “some of the most ambitious clean energy policy passed anywhere in the world” and gave the Hanwha-owned company certainty to triple capacity at its site in Dalton, which already cranks out around 12,000 solar panels a day, as well as create a new complex in Cartersville that will manufacture ingots and wafers, the basic building blocks of solar panel components, made from poly silicon.“There’s a ton of opportunity and excitement in [the] clean energy sector right now,” Moskowitz said. “We’ve always had strong support from both sides of the aisle, even if there hasn’t always been agreement.”Map of recently announced clean energy projects in GeorgiaBarry Loudermilk, a Republican congressman whose House of Representatives district includes Cartersville, denied that the rush of investment is politically awkward for the GOP, accusing Biden of an “elementary school-level response” to the issue in his state of the union speech.“I’m not against this industry and I’m all about bringing in new technology, but it has to be market-driven,” Loudermilk told the Guardian. “When the government heavily subsidizes something it will crest and then fall down because the market hasn’t matured.“We aren’t ready for this (full EV and clean energy adoption). This is just subsidizing one industry over another and just throwing taxpayer dollars at something usually just leads to failure, and sets you back a decade.”Georgia is a draw for businesses due to its relatively low tax rate, transport links -including Atlanta’s busy airport and Savannah’s deep port – and a diverse and adept pool of workers, according to Loudermilk. “The days of the backwoods country bumpkin are in the past, we have educated, skilled workforce,” he said.It’s uncertain whether Loudermilk will be at the Cartersville groundbreaking, nor Marjorie Taylor Greene, the far-right extremist who represents the neighboring congressional district that includes Dalton. Greene has previously said the IRA is an “energy disaster” and erroneously said that global heating is “actually healthy for us”, although she has said she welcomes any new jobs to Georgia.Warned of ‘massive’ climate-led extinction, a US energy firm funded crisis denial adsRead moreKemp, meanwhile, has offered state-level incentives for firms to set up in Georgia, while denouncing Democrats for “picking winners and losers” with the national climate bill. The governor recently pitched his state as a destination for clean tech investment at Davos and has denied any hypocrisy in his stance.“Georgia is a destination state for all manner of new jobs and opportunity despite the bad policies coming out of DC – not because of them,” said a spokesman for Kemp. “Companies are choosing Georgia over places like New York and California because they know they’ll find success here, not because of the IRA.”Even if the causes for the renewables investment are in dispute, the trajectory of the transition is becoming more undeniable. As the cost of renewables continues to plummet and more Americans turn to electric cars, thanks in part to the “unprecedented scale” of the IRA, partisan divides on the issue may soften, according to Ashna Aggarwal, an associate at RMI, the energy research nonprofit.“This is a bill that benefits everyone and it actually benefits the people who weren’t necessarily in favor of the bill the most,” Aggarwal said.“I think what’s really exciting about the clean energy economy is that party lines don’t really matter here. There’s more opportunity for Republican states and I hope that Republican policymakers see that and really think this is good for the people who are living in our states.”TopicsRenewable energyEnergyClimate crisisGeorgiaUS politicsBiden administrationEnergy industryfeaturesReuse this content More

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      Joe Biden’s train ride to Kyiv makes history but will it win him a second term?

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      02:09AnalysisJoe Biden’s train ride to Kyiv makes history but will it win him a second term?Julian Borger in WarsawVisit to Ukraine is a defining moment for the US president but foreign policy does not necessarily win elections

      Russia-Ukraine war – latest news updates
      John F Kennedy and Ronald Reagan had their speeches in Berlin. Joe Biden now has Kyiv, a moment to define his presidency and its era.There was no one phrase in Biden’s remarks in Kyiv to match Kennedy’s “Ich bin ein Berliner” in 1963 or Reagan’s “Mr Gorbachev, tear down this wall” in 1987, but the trip itself was the statement. As the White House underlined repeatedly on Monday, there was no precedent in modern times. Visits to the troops in Afghanistan and Iraq were different, as the US military ran security in those countries.In going to Kyiv, Biden was entering a war zone and putting his safety in the hands of the Ukrainian armed forces, and also those of the Russians. Moscow was given a heads-up a few hours before he crossed the border. The calculation was that Vladimir Putin would not risk the precedent of presidential assassination or all-out war for that matter. A reasonable calculation but a risk nonetheless.It was a coup heightened by complete surprise. The secret did not leak, signalling that the bravery was underpinned by competence. The visit cemented Biden’s claim of leadership of the free world, but among Washington’s allies that has not really been challenged since the full invasion of Ukraine began a year ago this week.A tougher question to answer – and it may take a week or two before the result is clear – is whether this will help Biden’s standing at home, where his popularity has not recovered from the hit it suffered from the shambolic Afghanistan withdrawal, inflation and the energy price shock of the invasion.The popularity slump, which began in August 2021, has not so far been reversed by recent strong economic figures, a solid legislative record, and a lively, combative performance in his State of the Union address earlier this month.In an average of recent polls, Americans who disapprove of his performance outnumber those who approve by 52% to 42%.Much of the problem is an overall impression that Biden at 80 is too old, too doddery and gaffe prone to lead the country with vigour, especially into a second term. The bold appearance in Kyiv, strolling through the city in aviator sunglasses, alongside a grateful and admiring Volodymyr Zelenskiy, on the US Presidents Day holiday no less, is intended to address that perception head on and reframe the conversation on age and fitness for office.Donald Trump was notably risk averse as president. On his single visits to Afghanistan and Iraq, he stayed inside heavily fortified US bases. The Kyiv visit, with its very real jeopardy, makes it less likely that Biden’s Republican challenger in 2024, whether it is Trump or the Florida governor, Ron DeSantis, or another, will challenge him directly on courage. But the Republicans are already pivoting to portraying the president’s starring role abroad as an abandonment of suffering Americans at home.“I and many Americans are thinking to ourselves: OK, he’s very concerned about those borders halfway around the world. He’s not done anything to secure our own borders here … we have a lot of problems accumulating here,” DeSantis told Fox TV.The very success of the Biden visit in underlining the US’s commitment to Ukrainian resistance could end up accelerating the drift of the Republicans towards anti-Ukrainian positions, now the preserve of a pro-Trump minority on the far right of the party, as the leadership looks for attack lines against Biden.In his Fox interview, DeSantis downplayed the Russian threat. “I think it’s important to point out, the fear of Russia going into Nato countries and all that, and steamrolling, that has not even come close to happening,” he said, sketching out what may become the Republican line in 2024.The conventional wisdom, reinforced by decades of polling, is that foreign policy does not tend to sway presidential elections. What Kennedy and Reagan’s famous Berlin speeches would have done for them electorally is unknown. Kennedy was killed before he could stand for a second term, and Reagan had already been re-elected and was in his penultimate year in office.For Biden, the jury is out. The train ride to Kyiv will go down in history, but making history does not necessarily win elections.TopicsJoe BidenUS politicsUkraineBiden administrationEuropeUS foreign policyanalysisReuse this content More

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      Ohio is facing a chemical disaster. Biden must declare a state of emergency | Steven Donziger

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      Ohio is facing a chemical disaster. Biden must declare a state of emergencySteven DonzigerA train derailed and flooded a town with cancer-causing chemicals. But something larger, and more troubling, is at work Earlier this month, a train carrying toxic chemicals derailed in eastern Ohio, exploding into flames and unleashing a spume of chemical smoke on the small town of East Palestine. The train’s freight included vinyl chloride, a chemical known to cause liver cancer and other sicknesses.In response, government and railway officials decided to “burn off” the vinyl chloride – effectively dumping 1.1m lbs of the chemical into the local community, according to a new lawsuit. Officials said that they did so to avert the vinyl chloride from exploding; in contrast, an attorney for the lawsuit has said that the decision was cheap, unsafe, and more interested in restoring train service and appeasing railway shareholders than protecting local residents.East Palestine residents are reporting headaches, sore throats, and burning eyes; dead pets and chickens; and thousands of fish corpses in nearby waterways. The Ohio Department of Natural Resources has said that approximately 3,500 fish, of 12 different species, died across 7.5 miles.In other words, Norfolk Southern’s “controlled burn” may have caused a mushroom cloud of poison to spread over eastern Ohio. The situation demands immediate action from President Biden. Without it, thousands of people – including children and the elderly – and animals will be at continued risk of premature death. Biden must declare a state of emergency and create an independent taskforce to take over the remediation of this eco-catastrophe.Norfolk Southern “basically nuked a town with chemicals” to “get a railroad open”, a former hazmat technician told a local news outlet. It certainly seems like a company with a $55bn market cap chose to sacrifice the health of thousands of people to keep its profits flowing.We need to try to understand how this happened.For one thing, even the initial derailment wasn’t necessarily just an “accident.” It was a function of our out-of-control corporate culture in the United States, which has neutered effective government oversight of hazardous activities – including the rail transport of highly flammable and carcinogenic chemicals. The EPA’s response thus far has been to send a feckless letter to Norfolk Southern pleading it pay for clean-up.That’s not going to cut it. We need to do better.In terms of the sheer quantity of carcinogenic chemicals being released over an area of hundreds of miles, the catastrophe in Ohio is a major, unprecedented public health crisis. Biden must publicly recognize it as such and act to protect the people who live in the affected area. This requires a rapid, all-of-government response overseen not by the EPA but by independent scientists and taskmasters who will be immune to pressure from industry. This sort of taskforce must be willing to threaten the suspension or even nationalization of Norfolk Southern if it does not cooperate.After battling an oil company over the discharge of toxic waste in the Amazon, I can say with some assurance that Norfolk’s response to this crisis so far comes from a time-tested corporate strategy: manage the situation as a public relations challenge and not the humanitarian and ecological catastrophe that it is. Norfolk’s leadership bailed out of a townhall meeting this week, blaming security risks, and has refused to face residents to answer questions.That’s certainly cowardice. But it is also a function of the fact that industry does not respect the power of government to regulate it. Government is supposed to protect us from the excesses of industry; instead it often acts like its partner.If the consequences of not attending had included a sufficient threat to his bottom line, Norfolk Southern CEO Alan Shaw – who earns a reported $4.5m a year – probably would have been at the town hall. And if the government had been doing its job in the first place, there is a good chance this accident would not have happened. During the Trump administration, Norfolk successfully lobbied to repeal a safety rule requiring new electronic brakes. The train was also dangerously long – with only two crew members, and a trainee, supervising its 1.7-mile length.I’m not a scientist. But I know a fair amount about toxicology and how the world’s polluters use a playbook invented by law firms and consultants to downplay the impact of major disasters and lower their legal liability. Local and state officials – who may be under enormous pressure from these industries in the form of campaign donations – often work alongside polluters to “manage” disasters’ political fallout.It’s a one-two punch of disaster mismanagement that is playing out now, in Ohio, with awful consequences for people and the planet. Here are three takeaways about what is really happening and what needs to be done:Be skeptical of claims by authorities that it is “safe” to return to the area. The EPA and state environmental officials have been opaque about what chemicals are being tested for and by what methods, and news reports haven’t indicated any plans so far for any sort of environmental restoration. We also do not know what new chemical compounds the so-called “controlled” burn may have created, and whether tests have been run for those chemicals. In fact, test results have not even been released publicly.Bottom line: there is no transparent scientific or public health basis for declaring the area safe. Until there is, I wouldn’t go near the site of the disaster.The EPA can help, but cannot oversee a clean-up. Corporate lobbying in recent years has undermined the ability of the EPA to regulate industry. Under the Trump administration, chemical lobbyists took over important jobs on the inside and the agency is severely understaffed. Further, the EPA is required by Congress to “balance” industry needs with public safety. It is not focused solely on protecting the community. It sent a letter to Norfolk pleading with it to pay for a cleanup; a real government would have sent a disaster management team to Ohio to take over.Longer-term, the railway industry needs to be revamped. We have civil-war era braking systems on trains carrying deadly chemicals though our communities. Railway unions and whistleblowers have repeatedly raised safety concerns only to be ignored. A new industry concept called “precision scheduling” has pushed trains and workers to the breaking point to extract greater profits for shareholders, which include some of the largest hedge funds on Wall Street.Our government institutions as currently constituted are unable or unwilling to respond effectively to industrial disasters. It is preposterous for any ostensibly advanced country to let a massive chemical polluter clean up a mess like this on its own terms and without effective oversight. This is not an isolated incident. Unless we demand accountability, it will happen again.President Biden: the ball is in your court.
      Steven Donziger is a human rights and environmental lawyer, a Guardian US columnist, and the creator of the Substack newsletter Donziger on Justice
      TopicsPollutionOpinionOhioUS politicsJoe BidenBiden administrationUS Environmental Protection AgencycommentReuse this content More

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      FBI searched University of Delaware in Biden documents investigation

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      FBI searched University of Delaware in Biden documents investigationThe justice department is looking into how classified documents came to be found in Joe Biden’s home and former office The FBI searched the University of Delaware in recent weeks for classified documents as part of its investigation into the potential mishandling of sensitive government records by Joe Biden.The search, first reported by CNN, was confirmed to the Associated Press by a person familiar with the matter who was not authorized to discuss it publicly and spoke on condition of anonymity. The person would not say whether anything was found.Why prosecutors might get Trump – and not Biden – for classified documentsRead moreA justice department special counsel is investigating how classified documents from Biden’s time as vice-president and senator came to end up in his home and former office – and whether any mishandling involved criminal intent or was unintentional. Biden’s personal lawyers disclosed in January that a small batch of documents with classified markings had been found weeks earlier in his former Washington office, and they have since allowed FBI searches of multiple properties.The university is Biden’s alma mater. In 2011, Biden donated his records from his 36 years serving in the US Senate to the school. The documents arrived on 6 June 2012, according to the university, which released photos of the numbered boxes being unloaded at the university alongside blue and gold balloons.Under the terms of Biden’s gift, the records are to remain sealed until two years after he retires from public life.Biden’s Senate records would not be covered by the Presidential Records Act, though prohibitions on mishandling classified information would still apply.The White House referred questions to the justice department, which declined to comment. The University of Delaware also referred questions to the justice department.The university is the fourth known entity to be searched by the FBI following inspections of Biden’s former office at the Penn Biden Center in Washington DC, where records with classified markings were initially found in a locked closet by Biden’s personal lawyers in November, and more recently of his Delaware homes in Wilmington and Rehoboth Beach.Those searches were all done voluntarily and with the consent of Biden’s legal team.The FBI took six items that contained documents with classified markings during its January search of the Wilmington home, Biden’s personal lawyer said. Agents did not find classified documents at the Rehoboth Beach property but did take some handwritten notes and other materials relating to Biden’s time as vice-president for review.The justice department is separately investigating the retention by former president Donald Trump of roughly 300 documents marked as classified at his Florida estate, Mar-a-Lago. The FBI served a search warrant at the home last August after months of resistance by Trump and his representatives to returning the documents to the government.The FBI also searched the Indiana home of former vice-president Mike Pence last week after his lawyers came forward to say they had found a small number of documents with classified markings. A Pence adviser said one additional document with classified markings was found during that search.TopicsJoe BidenFBIUS politicsDelawareBiden administrationnewsReuse this content More