More stories

  • in

    ‘The path forward is clear’: how Trump taking office has ‘turbocharged’ climate accountability efforts

    Donald Trump’s re-election has “turbocharged” climate accountability efforts including laws which aim to force greenhouse gas emitters to pay damages for fueling dangerous global warming, say activists.These “make polluters pay” laws, led by blue states’ attorneys general, and climate accountability lawsuits will be a major front for climate litigation in the coming months and years. They are being challenged by red states and the fossil fuel industry, which are also fighting against accountability-focused climate lawsuits waged by governments and youth environmentalists.On day one of his second term, the US president affirmed his loyalty to the oil industry with a spate of executive actions to roll back environmental protections and a pledge to “drill, baby, drill”. The ferocity of his anti-environment agenda has inspired unprecedented interest in climate accountability, said Jamie Henn, director of the anti-oil and gas non-profit Fossil Free Media.“I think Trump’s election has turbocharged the ‘make polluters pay’ movement,” said Henn, who has been a leader in the campaign for a decade.More state lawmakers are writing legislative proposals to force oil companies to pay for climate disasters, while law firms are helping governments sue the industry. And youth activists are working on a new legal challenge to the Trump administration’s pro-fossil fuel policies.Industry interests, however, are also attempting to kill those accountability efforts – and Trump may embolden them.The state of Vermont in May passed a first-of-its-kind law holding fossil fuel firms financially responsible for climate damages and New York passed a similar measure in December.The policies force oil companies to pay for climate impacts to which their emissions have contributed. Known as “climate superfund” bills, they are loosely modeled on the Environmental Protection Agency (EPA)’s Superfund program.Similar bills are being considered in Maryland, New Jersey, Massachusetts and now Rhode Island, where a measure was introduced last week. A policy will also soon be introduced in California, where recent deadly wildfires have revived the call for the proposal after one was weighed last year.Minnesota and Oregon lawmakers are also considering introducing climate superfund acts. And since inauguration day, activists and officials in a dozen other states have expressed interest in doing the same, said Henn.“I think people are really latching on to this message and this approach right now,” Henn said. “It finally gives people a way to respond to climate disasters, and it’s something that we can do without the federal government.”View image in fullscreenProgressives introduced a federal climate superfund act last year. But with Republicans in control of the White House and both branches of Congress, it has a “less than zero chance of passing”, said Michael Gerrard, the faculty director of the Sabin center for climate change law at Columbia University.The state laws are already facing pushback in the courts. This month, 22 red states and two oil trade groups sued to block New York’s climate superfund law.“This bill is an attempt by New York to step into the shoes of the federal government to regulate something that they have absolutely no business regulating,” West Virginia’s attorney general, John B McCuskey, who led the suit and whose state is a top coal producer, told Fox News.In late December, trade groups also filed a lawsuit against Vermont’s climate superfund act which, if successful, could potentially topple New York’s law.Fossil fuel interests were expected to challenge the climate superfund laws even if Kamala Harris was elected president and have been boosted by Trump’s win. “I think [they] feel like they have more of a shot with the executive backing them,” said Cassidy DiPaola, spokesperson for the Make Polluters Pay campaign.It “would not be shocking” if Trump’s justice department were to file briefs in support of plaintiffs fighting the laws, said Gerrard, which could tip the scales in their favor.More legal challenges may also be on the way, and if additional states pass similar policies, they are expected to face similar lawsuits. But Henn says he is confident the laws will prevail.“I think Republicans think that they’re going to be able to just scare off local legislators or local attorneys general from pursuing a polluter pays agenda, but I think they’re wrong,” he said. “We have widespread public support for this approach. People don’t like the fossil fuel industry.”Over the last decade, states and municipalities have also brought more than 30 lawsuits against fossil fuel interests, accusing them of intentionally covering up the climate risks of their products while seeking damages for climate impacts.As Trump’s pro-fossil fuel policies move the US in “precisely the wrong direction” on the climate crisis, they will “surely inspire yet more litigation”, said Gerrard. Michigan has announced plans to file a suit in the coming months, and more are likely to be rolled out this year.The cases face a formidable opponent in the fossil fuel industry, which has long attempted to fend off the lawsuits. Since January, courts have dismissed litigation filed by New Jersey, New York and a Maryland city and county, saying the states lacked jurisdiction to hear the cases.Other decisions have been positive for the plaintiffs. In three decisions since spring 2023, the supreme court turned down petitions from the fossil fuel industry to move the venue of the lawsuits from the state courts where they were originally filed, to federal courts which are seen as more friendly to the industry.Last week, a court in Colorado heard arguments over the same issue in a lawsuit filed by the city of Boulder. The outcome will have major implications for the future of the challenge.Trump has pledged to put an end to the wave of lawsuits, which he has called “frivolous”. During his first term, his administration filed influential briefs in the cases supporting the oil companies – something his justice department could do again. “It’s clear where their allegiances are,” said Gerrard. “And if they file briefs that would be good for the defendants.”Alyssa Johl, vice-president and general counsel of the Center for Climate Integrity, which tracks and supports the lawsuits, said: “There is still a long road ahead for these efforts, but the path forward is clear.”“As communities grapple with the increasingly devastating consequences of big oil’s decades-long deception, the need for accountability is greater than ever,” she said.Youth-led litigationAnother climate-focused legal movement that is gaining steam: youth-led challenges against state and federal government agencies, for allegedly violating constitutional rights with pro-fossil fuel policies.Trump’s second term presents an important moment for these lawsuits, said Julia Olson, founder of the law firm Our Children’s Trust, which brought the litigation. While some lawyers will fight each rollback individually, her strategy could “secure systemic change”, she said.View image in fullscreenOn Wednesday, a US judge rejected an Our Children’s Trust suit filed by California youth against the EPA, saying the challengers failed to show that they had been injured by the federal body. Olson said the judge “misapplied the law”.That same day, the most well-known Our Children’s Trust case, Juliana v United States – in which 21 young people sued the federal government – suffered a blow. In December, the plaintiffs filed a petition with the supreme court to send the case back to trial after it was tossed out. The US solicitor general has now filed a brief opposing their petition; Olson said it “mischaracterized” the case.Our Children’s Trust’s lawsuits have in other instances seen major victories. In December, Montana’s supreme court upheld a landmark climate ruling in favor of young plaintiffs, which said the state was violating youths’ constitutional right to a clean environment by permitting fossil fuel projects with no regard for global warming.That victory in a pro-fossil fuel red state, said Olson, inspires hope that children could win a lawsuit against a conservative, oil and gas-friendly federal government.She is working on another lawsuit against the Trump administration, whose “brazen” anti-environment agenda could bolster the challengers’ arguments, she said.“These policies will kill children … and by making his agenda obvious, I think that he helps us make that clear.” More

  • in

    There are many ways Trump could trigger a global collapse. Here’s how to survive if that happens | George Monbiot

    Though we might find it hard to imagine, we cannot now rule it out: the possibility of systemic collapse in the United States. The degradation of federal government by Donald Trump and Elon Musk could trigger a series of converging and compounding crises, leading to social, financial and industrial failure.There are several possible mechanisms. Let’s start with an obvious one: their assault on financial regulation. Trump’s appointee to the US Consumer Financial Protection Bureau (CFPB), Russell Vought, has suspended all the agency’s activity, slashed its budget and could be pursuing Musk’s ambition to “delete” the bureau. The CFPB was established by Congress after the 2008 financial crisis, to protect people from the predatory activity that helped trigger the crash. The signal to the financial sector could not be clearer: “Fill your boots, boys.” A financial crisis in the US would immediately become a global crisis.But the hazards extend much further. Musk, calling for a “wholesale removal of regulations”, sends his child soldiers to attack government departments stabilising the entire US system. Regulations, though endlessly maligned by corporate and oligarchic propaganda, are all that protect us from multiple disasters. In its initial impacts, deregulation is class war, hitting the poorest and the middle classes at the behest of the rich. As the effects proliferate, it becomes an assault on everyone’s wellbeing.To give a couple of examples, the fires in Los Angeles this year are expected to cost, on various estimates, between $28bn and $75bn in insured losses alone. Estimates of total losses range from $160bn to $275bn. These immense costs are likely to be dwarfed by future climate disasters. As Trump rips down environmental protections and trashes federal responsiveness, the impacts will spiral. They could include non-linear shocks to either the insurance sector or homeowners, escalating into US-wide economic and social crisis.If (or when) another pandemic strikes, which could involve a pathogen more transmissible and even more deadly than Covid-19 (which has so far killed 1.2 million people in the US), it will hit a nation whose defences have been stood down. Basic public health measures, such as vaccination and quarantine, might be inaccessible to most. A pandemic in these circumstances could end millions of lives and cause spontaneous economic shutdown.Because there is little public understanding of how complex systems operate, collapse tends to take almost everyone by surprise. Complex systems (such as economies and human societies) have characteristics that make them either resilient or fragile. A system that loses its diversity, redundancy, modularity (the degree of compartmentalisation), its “circuit breakers” (such as government regulations) and backup strategies (alternative means of achieving a goal) is less resilient than one which retains these features. So is a system whose processes become synchronised. In a fragile system, shocks can amplify more rapidly and become more transmissible: a disruption in one place proliferates into disaster everywhere. This, as Andy Haldane, former chief economist at the Bank of England, has deftly explained, is what happened to the financial system in 2008.A consistent feature of globalised capitalism is an unintentional assault on systemic resilience. As corporations pursue similar profit-making strategies, and financialisation and digitisation permeate every enterprise, the economic system loses its diversity and starts to synchronise. As they consolidate, and the biggest conglomerates become hubs to which many other enterprises are connected (think of Amazon or the food and farming giant Cargill), major failures could cascade at astonishing speed.As every enterprise seeks efficiencies, the system loses its redundancy. As trading rules and physical infrastructure are standardised (think of those identical container terminals, shipping and trucking networks), the system loses both modularity and backup strategies. When a system has lost its resilience, a small external shock can trigger cascading collapse.Paradoxically, with his trade wars and assault on global standards, Trump could help to desynchronise the system and reintroduce some modularity. But, as he simultaneously rips down circuit breakers, undermines preparedness and treats Earth systems as an enemy to be crushed, the net effect is likely to make human systems more prone to collapse.At least in the short term, the far right tends to benefit from chaos and disruption: this is another of the feedback loops that can turn a crisis into a catastrophe. Trump presents himself as the hero who will save the nation from the ruptures he has caused, while deflecting the blame on to scapegoats.Alternatively, if collapse appears imminent, Trump and his team might not wish to respond. Like many of the ultra-rich, key figures in or around the administration entertain the kind of psychopathic fantasies indulged by Ayn Rand in her novels Atlas Shrugged and The Fountainhead, in which plutocrats leave the proles to die in the inferno they’ve created, while they migrate to their New Zealand bunkers, Mars or the ocean floor (forgetting, as they always do, that their wealth, power and survival is entirely dependent on other people). Or they yearn for a different apocalypse, in which the rest of us roast while they party with Jesus in his restored kingdom.Every government should hope for the best and prepare for the worst. But, as they do with climate and ecological breakdown, freshwater depletion, the possibility of food system collapse, antibiotic resistance and nuclear proliferation, most governments, including the UK’s, now seem to hope for the best and leave it there. So, though there is no substitute for effective government, we must seek to create our own backup systems.Start with this principle: don’t face your fears alone. Make friends, meet your neighbours, set up support networks, help those who are struggling. Since the dawn of humankind, those with robust social networks have been more resilient than those without.Discuss what we confront, explore the means by which we might respond. Through neighbourhood networks, start building a deliberative, participatory democracy, to resolve at least some of the issues that can be fixed at the local level. If you can, secure local resources for the community (in England this will be made easier with the forthcoming community right to buy, like Scotland’s).From democratised neighbourhoods, we might seek to develop a new politics, along the lines proposed by Murray Bookchin, in which decisions are passed upwards, not downwards, with the aim of creating a political system not only more democratic than those we currently suffer, but which also permits more diversity, redundancy and modularity.Yes, we also – and urgently – need national and global action, brokered by governments. But it’s beginning to look as if no one has our backs. Prepare for the worst.

    George Monbiot is a Guardian columnist More

  • in

    Four deputies to New York mayor resign in fallout over dropped corruption charges

    Four deputies to New York’s mayor, Eric Adams, resigned on Monday as the growing chaos following a justice department request to drop corruption charges against him, widely seen as a reward for his help with Donald Trump’s immigration agenda, engulfs his three-year-old administration.According to reports, four of Adams’ deputies – first deputy mayor Maria Torres Springer, deputy mayor for operations Meera Joshi, deputy mayor for health and human services Anne Williams-Isom, and deputy mayor for public safety Chauncey Parker – said they were stepping down.“I am disappointed to see them go, but given the current challenges, I understand their decision and wish them nothing but success in the future,” Adams said in a statement.Torres-Springer, Williams-Isom and Joshi issued a joint statement, citing “the extraordinary events of the last few weeks” and “oaths we swore to New Yorkers and our families” as what led them to the “difficult decision” to leave.Parker said the role was an “honor of a lifetime”.The deputies’ likely departure was first reported by WNBC and the New York Times on Monday, both citing sources within Adams’ administration.A justice department request to drop charges of conspiracy, wire fraud and soliciting illegal foreign campaign contributions against Adams last week led to a mutiny by prosecutors in New York who brought the case. At least seven prosecutors have resigned rather than comply with the request.According to WNBC, Adams held a Zoom call on Sunday with at least three of his deputies who expressed their intention to resign. The Democratic mayor is facing mounting calls for his own resignation, first over corruption charges filed last summer, and now over their resignations.Adams has pleaded not guilty, denied any wrongdoing and rejected calls for his resignation. He has also indicated he believes the charges were brought in retaliation for criticizing the Biden administration’s immigration policies, blaming them for the city’s struggles with absorbing tens of thousands of new arrivals.Adams has reportedly agreed to some cooperation with US Immigration and Customs Enforcement (Ice) immigration agents, including allowing federal authorities to restart operations on Rikers Island, which holds the city’s largest jail.The mayor has also rejected accusations that dropping the federal charges against him would amount to making him a political prisoner of the Trump administration.skip past newsletter promotionafter newsletter promotion“No matter what they write, no matter all those who are tripping over themselves to state who I am and who I am going to be beholden to and how I am no longer independent, I know who I am,” Adams said on Sunday.Adams said that he is “going nowhere” despite protests calling for his removal by the governor of New York, Kathy Hochul.“And I want you to be clear, you’re going to hear so many rumors and so many things, you’re going to read so much,” Adams told a church congregation on Sunday. “I am going nowhere. Nowhere.” More

  • in

    Netanyahu seeks to draw Trump into future attack on Iranian nuclear sites

    Benjamin Netanyahu has vowed that, with Donald Trump’s support, his government will “finish the job” of neutralising the threat from Iran, amid US reports that Israel is considering airstrikes against Iranian nuclear sites in the coming few months.Trump has said he would prefer to make a deal with Tehran, but also made clear that he was considering US military action if talks failed, and his administration has laid down an early maximalist demand: Iranian abandonment of its entire nuclear programme.“All options are on the table,” the US national security adviser, Michael Waltz, told Fox News on Sunday. The new administration will only talk to Iran, Waltz added, if “they want to give up their entire programme and not play games as we’ve seen Iran do in the past in prior negotiations”.Earlier this month, Trump offered the Iranian regime a stark choice.“I would like a deal done with Iran on non-nuclear,” he told the New York Post. “I would prefer that to bombing the hell out of it.”In politics as in business, Trump’s vaunted “art of the deal” has relied heavily on bluster and threats, but analysts question how well that will work with Tehran. They also warn that the window for a diplomatic resolution to the standoff with Tehran will get narrower with each passing month, as Iranian nuclear capabilities progress, and Netanyahu works to persuade Trump to participate in joint strikes on Iran’s nuclear facilities while it is at its most vulnerable.Israel’s prime minister has tried and failed to convince successive US administrations to take part in military action against Iran, including Trump’s. During his first term in the White House, Trump declined, in line with his aim of keeping the US out of foreign wars.In 2018, however, Trump did fulfil another Netanyahu request, withdrawing the US from a three-year-old multilateral agreement that had constrained Iran’s programme in return for sanctions relief. Since then, Iran has pushed forward with nuclear development and now produces increasing amounts of 60%-enriched uranium, which means it is a small technical step away from the production of weapons-grade fissile material.Tehran insists it has no intention of making a nuclear weapon and remains a member of the nuclear non-proliferation treaty, but the supreme leader, Ayatollah Ali Khamenei, could upend that policy if Iran’s nuclear sites came under threat.Israel and Iran launched a series of tit-for-tat attacks on each other last year, culminating in substantial Israeli airstrikes on 25 October that inflicted significant damage on Iran’s air defences.That damage, combined with Israel’s crippling campaign over the past year against Iran’s most important ally in the region, Hezbollah, has left Iran in its most militarily vulnerable state for decades.View image in fullscreenStanding alongside the new US secretary of state, Marco Rubio, on Sunday, Netanyahu made clear he wanted to take advantage of that vulnerability.“Over the last 16 months, Israel has dealt a mighty blow to Iran’s terror axis. Under the strong leadership of President Trump, and with your unflinching support, I have no doubt that we can and will finish the job,” he said.US intelligence agencies have been briefing reporters over the past week that they believe Israel is likely to attack Iranian nuclear sites in the first half of 2025. But the intelligence assessments also underlined Israeli reliance on US support in the form of aerial refuelling, intelligence and reconnaissance. US officials also said such strikes would, at most, set back Iran’s programme by a few months, and could trigger Tehran’s decision to take the decisive step towards making weapons-grade uranium.Whatever the misgivings in Washington, the Trump administration approved the sale earlier this month of guidance kits for bunker-busting BLU-109 bombs, likely to be essential in inflicting damage on Iran’s most deeply buried enrichment plant at Fordow.Netanyahu was the first foreign visitor to be invited to the White House after Trump’s re-election, and according to the Washington Post, the two leaders discussed “several possible levels of American backing, ranging from active military support for a kinetic strike – such as intelligence, refuelling or other assistance – to more limited political backing for a coercive ultimatum”.Raz Zimmt, a research fellow and Iran expert at the Institute for National Security Studies in Tel Aviv, said there was another clock ticking on diplomacy with Iran. Under the 2015 nuclear agreement, its remaining signatories, including the UK, France and Germany, can trigger a “snap back” of all international sanctions on Iran, but that leverage expires in October this year, giving European capitals the options of “use it or lose it”. If the mechanism is triggered, it could lead to a further escalation, Zimmt said.“I think there is a very limited diplomatic window of opportunity until August or September, to reach some kind of settlement between Iran and the US,” he said. “If there is no agreement by then … I think it will be much easier for Netanyahu to get not just a green light [from Washington] but perhaps some kind of military capabilities which will make it easier for Israel to achieve a broader and more effective impact.”Netanyahu regularly describes Trump as the “best friend” Israel ever had in the White House, a description echoed by Rubio and other administration officials, but that friendship will be put to a decisive test as Israel continues to press the case for an attack on Iran.Ariane Tabatabai, a Pentagon policy adviser in the Biden administration, said it would fuel “tension between the ‘restraint’ camp in the administration and the more traditional Republicans who are more inclined toward a more forceful approach to Iran”.“It’s not clear yet in these early days which group will have more influence in the inter-agency process and ultimately drive policy, but that’ll be a factor as well.” Tabatabai said.Trump prides himself in keeping the US out of foreign wars, but he has shown himself ready to take military action against Tehran, ordering the assassination by drone of a Revolutionary Guards commander, Qassem Suleimani, in Baghdad in January 2020.Saudi Arabia is reportedly offering to mediate to avoid a conflagration, but even if Trump wanted to hammer out a deal, argued Alex Vatanka, a senior fellow at the Middle East Institute, Trump’s browbeating style of negotiation could easily backfire when it came to Tehran.“The Trump style is he goes in heavy,” Vatanka said. “But Ali Khamenei has to be extremely careful how he responds to Trump so his personal image is not damaged.”“Iran has been weakened in the region – no doubt about it – but they still claim to be leading proponents of the Islamic cause who stand up to western bullying,” he added. “So what might work with certain countries in Europe or in Latin America will not necessarily work with the Iranian regime.” More

  • in

    Trump administration firing hundreds of FAA employees despite four deadly crashes in four weeks

    The Trump administration has begun firing hundreds of employees at the Federal Aviation Administration (FAA), including some who maintain critical air traffic control infrastructure, despite four deadly crashes since inauguration day.According to the Professional Aviation Safety Specialists (Pass) union, “several hundred” workers received termination notices on Friday.Many of the workers were probationary employees, those employed for less than a year and lacking job protections, which makes them low-hanging fruit for the Trump administration’s streamlining efforts.According to the US office of personnel management, there are about 200,000 probationary employees within the federal government.The firings at the FAA do not include air traffic controllers, but did appear to include engineers and technicians.A spokesman for the union said non-probationary technicians had been fired, citing of a figure of less than 300 roles so far. The positions terminated include maintenance mechanics, aeronautical information specialists, environmental protection specialists, aviation safety assistants and management administration personnel.Former FAA air traffic controller Dylan Sullivan claimed on social media that agency personnel who were terminated “maintain every piece of equipment that keeps flying safe, from the radars to the ILS, to ATC automation”.Job cuts at the FAA are likely to raise concerns. The agency has struggled to recruit air traffic controllers in recent years. An increase in recruitment during the previous two administrations was hobbled by budget cuts that limited training and certification.The move also comes less than three weeks since a midair collision between an army helicopter and a civilian jet over Washington DC that killed 67 people. Initial reports suggested there was just one air traffic controller working both civilian and military flights in the notoriously busy airspace at the time of the collision.Since then, seven people died when a plane crashed near Philadelphia; 10 died when another crashed in Alaska; and one person died when the landing gear on a private plane belonging to Mötley Crüe singer Vince Neil failed as it landed and crashed into another parked aircraft.On Monday, a Delta aircraft flipped over when arriving at Pearson international airport in Toronto, Canada, with 80 people onboard. Early reports suggested all survived.The Pass union, which represents more than 11,000 FAA and Department of Defense workers who install, inspect and maintain air traffic control systems, posted on its website: “Staffing decisions should be based on an individual agency’s mission-critical needs. To do otherwise is dangerous when it comes to public safety.”David Spero, national president of Pass, said on X of the fired employees: “They are our family, friends, neighbors. Many are veterans. It is shameful to toss aside dedicated public servants.”Spero added that the move was “especially unconscionable in the aftermath of three deadly aircraft accidents in the past month”.The transportation secretary, Sean Duffy, said on X that he “talked to the DOGE [‘department of government efficiency’] team” and “they are going to plug in to help upgrade our aviation system”. Aviation experts have long pointed to outdated air traffic control systems used by the FAA as a source of concern.skip past newsletter promotionafter newsletter promotionDoge head Elon Musk later reposted Duffy, saying his department will “aim to make rapid safety upgrades to the air traffic control system”.Probationary employees targeted by Doge have little recourse to employment tribunals.On Sunday, it was reported that some probationary employees with the National Nuclear Security Administration (NNSA) were let go and then reinstated. The Department of Energy later said that fewer than 50 were removed from “primarily administrative and clerical roles”.Federal News Network, a federal government news source, said it had obtained a termination letter to an employee at the Department of Agriculture that indicated that the onus is on the employee to demonstrate why they should not be fired.“Until the probationary period has been completed, a probationer has ‘the burden to demonstrate why it is in the public interest for the government to finalize an appointment to the civil service for this particular individual.’ The agency finds, based on your performance, that you have not demonstrated that your further employment at the agency would be in the public interest. For this reason, the agency informs you that the agency is removing you from your position.”Sullivan, the former FAA air traffic controller, said in his social media post: “FAA technicians undergo years of specialized training to maintain mission critical systems and cannot be replaced quickly. In the 30 years since I began my controller career, we have never had a surplus of technicians and engineers.“Once our aviation safety infrastructure is compromised, it will take decades to bring it back. Money will not be saved and lives may be lost.” More

  • in

    Trump administration files first supreme court appeal over firing of government watchdog

    Donald Trump’s administration has asked the supreme court to approve the firing of the head of a federal agency dedicated to protecting whistleblowers in the first appeal of Trump’s new term and a key test of his battle with the judicial branch.Hampton Dellinger, the head of the office of the special counsel (OSC), is among the fired government watchdogs who have sued the Trump administration, arguing that their dismissals were illegal and that they should be reinstated.The OSC is an independent federal agency that serves as “a secure channel for federal employees to blow the whistle by disclosing wrongdoing”.It is also intended to enforce the Hatch Act, a 1939 law designed to ensure that government programs are carried out in a nonpartisan way, and to enforce a merit system by investigating and prosecuting racial discrimination, partisan political discrimination, nepotism and coerced political activity.Dellinger has said his office’s work was “needed now more than ever”, noting the “unprecedented” number of firings, in many cases without any specified cause, of federal employees with civil service protections in recent weeks by the Trump administration.On Wednesday, the federal judge Amy Berman Jackson reinstated Dellinger to his position pending a 26 February court hearing, writing that the language of the 1978 law that created Dellinger’s position “expresses Congress’s clear intent to ensure the independence of the special counsel and insulate his work from being buffeted by the winds of political change”.According to that law, the special counsel “may be removed by the president only for inefficiency, neglect of duty or malfeasance in office”.As the Trump administration implements sweeping firings throughout the federal government, Dellinger has argued that his dismissal, via a one-sentence email that did not specify the cause, was unlawful.Now, the Trump justice department has petitioned the supreme court to undo Jackson’s order, arguing that allowing a judge to reinstate an agency head for two weeks, pending a 26 February hearing on the case, is an impermissible check on presidential power.“Until now, as far as we are aware, no court in American history has wielded an injunction to force the president to retain an agency head,” Trump’s acting solicitor general, Sarah M Harris, wrote in the brief, obtained by the Associated Press on Sunday.The case is not expected to be docketed until after the supreme court returns from the Presidents’ Day holiday weekend, meaning the justices will not respond until Tuesday at the earliest.The Trump administration argues in its brief that letting the order in Dellinger’s case stand could “embolden” judges to issue additional blocks in the roughly 70 lawsuits the Trump administration is facing so far.skip past newsletter promotionafter newsletter promotionIt notes some of the dozen or more cases where judges have slowed Trump’s agenda, including by ordering the temporary lifting of a foreign aid funding freeze and blocking workers with Elon Musk’s so-called “department of government efficiency” team from accessing treasury department data for now.A supreme court ruling in favor of the Trump administration in the Dellinger case would overturn decades of precedent, legal experts have said. Conservative Trump supporters have been pushing for the supreme court to overturn the 1935 supreme court ruling protecting Congress’s power to shield the heads of independent agencies from being fired by a president.“Since my arrival at OSC last year, I could not be more proud of all we have accomplished,” Dellinger said in a statement to Politico last week. “The agency’s work has earned praise from advocates for whistleblowers, veterans, and others. The effort to remove me has no factual nor legal basis – none – which means it is illegal.”The office of the special counsel is separate from justice department special counsels, who are appointed by the attorney general for specific investigations, such as Jack Smith.The Associated Press contributed reporting More

  • in

    IRS reportedly preparing to give Musk’s Doge agency access to taxpayer data

    The US federal tax collection agency is reportedly preparing to give a team member of Elon Musk’s “department of government efficiency” (Doge), which has already gutted several federal agencies and sparked multiple lawsuits, access to personal taxpayer data.The New York Times and the Washington Post both reported early on Monday that the Internal Revenue Service had received a request for access to a classified system that contains sensitive personal financial records.The request, which is reportedly under review, would give Doge officials “broad access to tax-agency systems, property and datasets, including tax returns”.One of these, the integrated data retrieval system (IDRS), gives tax agency employees the ability to see IRS accounts and bank information, the Washington Post reported.“Waste, fraud and abuse have been deeply entrenched in our broken system for far too long,” said Harrison Fields, a White House spokesperson. “It takes direct access to the system to identify and fix it.”Fields added that Musk’s controversial program “will continue to shine a light on the fraud they uncover as the American people deserve to know what their government has been spending their hard-earned tax dollars on”.The Doge team member is reported to be software engineer Gavin Kliger, who is a staff member at the office of personnel management, which manages the US civil service.The New York Times reported that Kliger, 26, one six young programmers hand-selected by Musk, was working out of IRS headquarters on Thursday and would be assigned as a senior adviser to the acting IRS commissioner, Doug O’Donnell, giving him broad access to its systems.Kliger’s primary focus at the IRS is to provide engineering assistance and IT modernization consulting, the request to the agency said.Prior efforts by Doge members to access treasury department data have been pushed back. Nineteen state attorneys general have sued to block the Trump administration’s policy of allowing political appointees and “special government employees” to the access that department’s payment systems.Doge incursions into the US tax collection agency come as the agency is preparing to lay off thousands of workers hired by the previous Biden administration.Last week, Scott Bessent, the US treasury secretary, said last week he hoped to upgrade the technology at the IRS. Bessent told Fox Business he wanted to improve collections, privacy and customer service.“I don’t think there’s anyone, anyone in the country, who thinks that they – that the IRS has achieved its potential in either of those three,” he said.skip past newsletter promotionafter newsletter promotionThe Doge-led sweep through federal agencies, including USAid and the Department of Education, faces time constraints. Musk and his team have 120 days before they are required to make federal employment declarations.According to a draft of the IRS memorandum obtained by the Post, Kliger is set to work at the IRS for that period, though his employment can be renewed for the same duration.The memo said the agreement is for Kliger to keep any tax return information confidential, to keep it safe from unauthorized access and to delete it from his records after he finishes his term at the IRS, the outlet said.According to a Government Accountability Office report, the government spent around $90bn in 2019 on information technology, with most of that spent on operating and maintaining legacy systems that are in some cases half a century old and vulnerable to hackers.IRS systems are among the oldest – many were built using computer coding language from the 1960s – so overhauling the IT is broadly in line with the Doge team mandate to modernize and synchronize systems across departments. More

  • in

    ‘It comes from racism’: immigrant workers on Trump’s deportation push

    Donald Trump has ramped up anti-immigration fervor into his second presidency, promising mass deportations, pushing to increase arrests and bolstering public relations efforts to amplify arrests. The moves have sent a wave of terror through the undocumented worker community that underpins large parts of the US economy.“Every day I wake up and walk out the door, I go with the hope of going to work, but with the fear of not being able to come back,” said a construction worker and single parent in Texas who obtained immigration protection under the Biden administration. She requested to remain anonymous due to fears about her immigration status.“Every day I worry if something happens, who will take my kids,” she said. “I have only one child born in the US. They are the only one who might be able to return, but me and the other kids would not be able to come back.”She claimed that since Trump took office for his second term, there had been fewer opportunities to work construction jobs given the increased fear of Immigration and Customs Enforcement (Ice) raids at workplaces.Despite being in the US for 10 years and constantly trying to obtain documentation, she explained it took her experiencing weeks of wage theft to be able to get documentation through the deferred action program, which provides temporary status and work authorization to immigrants who have been victims of labor abuses.“Unfortunately, these next few years will be years of fear, years of silence,” she said. “I believe the anti-immigrant pushes are racist. People have been taken away without criminal records. We used to have the ability to pay fines before because we didn’t have criminal records, but I’ve heard from other immigrants, anyone being taken into custody by Ice, regardless of their situation, will be deported.”Trump has signed an executive order to allocate military resources at the US border with Mexico and opened Guantánamo Bay prison in Cuba to the detention of undocumented immigrants. The Department of Homeland Security also rolled back a policy of restricting Ice arrests at sensitive locations such as hospitals, places of worship and schools and the agency is pushing to recruit IRS agents to assist in immigration enforcement. The administration is also reportedly planning to reopen family detention centers.View image in fullscreenThe changes come as Trump campaigned with misleading and false statements about immigrants, portraying them as criminals and taking away jobs, including making a baseless claim that Haitian immigrants in Ohio were eating pets.Despite this rhetoric fomenting xenophobic sentiments, an October 2024 report by the Economic Policy Institute on the benefits of immigration to the US cited the enabling of economic growth as the US-born workforce declines, and the payment of nearly $100bn annually in taxes, and noted mass deportations actually result in job losses for US-born workers due to reduced local demand output.Several industries rely heavily on immigrant workers. Nearly 2.9 million immigrants, the most in any occupation group, are employed in construction and extraction, comprising 34% of employment in these occupations in the US.The Guardian spoke with several immigrant workers in construction about their experiences and fears caused by Trump’s immigration policies and the anti-immigrant sentiments stoked by his rhetoric and policies.Another undocumented construction worker in Texas said there is a “constant fear” in going to work every day that his workplace will be raided by Ice or that he will return home to find his family, the majority of whom are undocumented, taken away.“It is a constant fear. It’s something we can’t take from our minds, every instance of the day,” they said. “My main worry is there will be one day where my family might be taken away from me and be sent back to Mexico.”Trying to acquire legal documentation has been “almost impossible”, they added. “The reason behind these policies, it comes from racism. The majority of immigrants aren’t criminals. Like myself, a lot of immigrants come to this country to be able to fulfill their dreams, to be able to work. We’re humans and we have rights. The things we go through when being held in immigration detention, unless you live them, you won’t be able to understand it.”Andres Surquia of Georgia currently has immigration protection through deferred action – a government policy that allows certain undocumented immigrants to work and avoid deportation for two-year periods.“I’m scared because Trump has said he wants to remove deferred-action protections, which took me so long to get,” he said. “As immigrants, we come into this country to work and we want to be respected and protected.”The International Union of Painters and Allied Trades, which represents 140,000 workers in the US and Canada, pushed to secure deferred-action immigration protections for workers experiencing labor abuses in construction for the past several years under the Biden administration.“It was one of the main pillars we put forth as a union, in coalition with other unions, that really view immigration as a working-class issue,” said the IUPAT general president, Jimmy Williams. “Now, under the Trump administration it’s going to go back to all these workers having no recourse, and the employers continuing to be able to use their status as a way to keep them further and further from being able to speak out.”Immigration is a labor and economic issue, Williams said. The union views it as a responsibility to fight and defend these workers because they are their union members. But he expressed disappointment with Democrats whom he feels have so far failed to support these workers.“Where’s the resistance?” Williams asked. “When will the Democratic party really get it right on framing this as a working-class issue and put the target solely on where it belongs, which is on the employers that have abused this system for decades now, keeping workers’ rights down, keeping wages down? You’ve seen limited to no response from the opposition.”A construction worker in Texas who has been pursuing asylum said she had seen fewer people show up to work out of fear in recent weeks.“There’s not many people going to work any more, because of the fear. The only reason why I go to work is it’s a necessity to bring food home and pay bills,” she said. “They want to extract the people that are working in the farms, that are working in the fields, that are working in the restaurants that they eat in, and now they’re taking them without any explanation. It’s not fair.”Milton Velásquez is a construction worker in Maryland from El Salvador who currently has temporary protected status (TPS), provisional protection given to nationals of some countries in crisis. Trump has already revoked these protections for 350,000 Venezuelans and has incited fears he will revoke or limit protections for 1 million immigrants in the US from 17 nations granted protections under the Biden administration.“It scares me because if my TPS does get revoked, I will lose a lot of job opportunities without it and it would limit my income,” he said. “There is always fear of deportation. I try not to think about it, but what scares me the most is having to go back to El Salvador. I would have to work 10 times as much to get paid $10 a day.”Under the first Trump presidential term, Velásquez faced issues with trying to bring his son and daughter to the US from El Salvador through the Central American Minors program, which Trump shut down in 2017. He is still separated from his daughter.“I tried to get her a visa,” Velasquez added. “I’ve been longing to bring them here. That’s what I work for, to provide for my family, to get my family to come here.”Send us a tipIf you have information you’d like to share securely with the Guardian about the impact of the Trump administration’s temporary protected status decision, please use a non-work device to contact us via the Signal messaging app at (929) 418-7175. More