Tribe That Drew Trump's Fire Over Casino Plan Loses Its Reservation Status | The Mashpee Wampanoag Tribe got a frightening notice from the Trump administration just as residents are grappling with the devastating impact of COVID-19.
Tribe That Drew Trump's Fire Over Casino Plan Loses Its Reservation Status | The Mashpee Wampanoag Tribe got a frightening notice from the Trump administration just as residents are grappling with the devastating impact of COVID-19.
Tribes dispute reservation where a $1B casino is planned
This is the best tl;dr I could make, original reduced by 78%. (I'm a bot)
The recently revived Mattakeeset Massachuset Tribe argues it's the rightful heir to the land in Taunton set aside by the federal government for the Mashpee Wampanoag Tribe, which is planning to build a hotel, casino and entertainment complex. The Mattakeeset Tribe currently has a few hundred members, according to Fisher, but does not have federal recognition or a land base like the Mashpee Tribe, which was federally recognized in 2007 and has roughly 3,000-members. ADVERTISEMENT.Fisher, a 33-year-old Boston-area substance abuse counselor, said his tribe has no quarrel with the half of the tribe's roughly 300-acre reservation that's located in the town of Mashpee on Cape Cod, where the tribe has operated a government center and other tribe services for years. The state Commission on Indian Affairs hasn't officially waded into the debate, but John Peters, the agency's executive director and a member of the Mashpee Wampanoag Tribe, was skeptical of the rival tribe's claim. Peters, the spokesman for the Mashpee Wampanoag tribe, said he and other tribe scholars haven't reviewed Bangs' book. He said the tribe has invited Fisher for a sit down to review the Mashpee Tribe's land claim evidence, which he said is detailed in more than 14,000 pages the tribe submitted for its federal land in trust application.
I am really shocked that it appears nothing has been posted about the Mashpee Wampanoag on this sub! I figured this would be a good place to provide some information, as this is an issue that is affecting people within our state. Below I have provided some of the sources found. I would be happy to summarize these articles into the post in a manner that is easier to read if people want it! I'd also be happy to have any discussion about thoughts and questions surrounding this. tl;dr: The Mashpee Wampanoags have a very rich history in the state of Massachusetts, most famously, they are the tribe that helped the Pilgrims. They were officially federally recognized in 2007. This was based on "evidence showing that the Tribe's members and ancestors had substantially maintained consistent interaction and significant social relationships from the time of first sustained contact with Europeans in the seventeenth-century, through the colonial and Revolutionary eras, and up until the present time. The Tribe presented evidence showing that nearly all the Tribe's members lived in a defined geographical area, namely, the Town of Mashpee ( or Marshpee as it was formerly known) that was inhabited almost exclusively by the Tribe and its members. 6 The Department also relied on evidence showing that the Tribe had maintained an autonomous political existence from the time of first sustained contact to the present." Then in 2015 they asked to acquire lands in trust, which would have to be approved by the Department of the Interior. This plays into the first link I posted. It was decided that they could have the lands. This included "a parcel totaling approximately 170 acres in Mashpee, Massachusetts and a 150acre parcel near the City of Taunton, Massachusetts." "The Tribe intended to use the Mashpee parcel, which included culturally significant sites such as the Mashpee Old Indian Meeting House and an historic Tribal burial ground used by the Tribe for centuries, for tribal administrative purposes, tribal housing, and cultural purposes.10 It intended to use the Taunton parcel for economic development by the construction and operation of a gaming facility under the Indian Gaming Regulatory Act. 11 Revenue from economic development would be used to enhance the Tribe's ability to preserve its history and community by funding the preservation and restoration of culturally significant sites; 12 to generate revenue to meet the needs of tribal members, many of whom are unemployed with incomes below the poverty level; 13 and to fund construction of tribal housing and tribal programs such as the Wampanoag Housing Program and the Low Income Home Energy Assistance Program.14 Litigation was brought against the tribe by residents of Taunton challenging, among many other things, the definition of "Indian" which the Department of the Interior was using. If you want deeper level detail on this, I suggest you read my second link, as it provides more detail on the arguments being made. Overall, the argument surrounds whether or not this tribe qualifies under the definition of "Indian" under the IRA. The definition largely surrounds whether or not the tribe has been under federal jurisdiction before 1934. There are some parts of the definition that are up to interpretation and are still being defined by courts, the second link goes into this more. However, the Department of the Interior in this case decided that the Wampanoag did not meet the proper definition of "Indian." This means that the lands can (will?) be taken out of trust. Regardless of this though, the Wampanoag has a deep historical relationship with the state of Massachusetts. The tribe is now trying to also pursue this through the legislature, hoping that a bill can be passed that will place their lands in a trust. Below are some sources: https://www.apnews.com/47d42437511844ebb55a60f3a76129bf - This was a decision made by the Department of the Interior in 2014 which justified giving the Mashpee Wampanoag a land in trust. https://bloximages.chicago2.vip.townnews.com/capenews.net/content/tncms/assets/v3/editorial/a/2b/a2bbaabf-32dc-5a8d-a050-99abedaeb769/5b97e59502aa6.pdf.pdf - This link is to a PDF file, which shows a letter from the Department of Interior by the Assistant Secretary of Indian Affairs. This is a great source that will give you the background of the issue, from start to finish. It starts by giving background of the issue, then goes through the arguments of both sides, and finally comes to the analysis. The analysis eventually concludes that the Mashpee Wampanoag do not meet the proper definitions of "Indian" under the IRA. This source is pretty dense compared to the others, but it is definitely the best that I have found. I'd be happy to summarize it on the post if people show interest. https://newsmaven.io/indiancountrytoday/news/interior-denies-mashpee-trust-land-you-do-not-meet-definition-of-an-indian-3qLsXhzf2kyptA5oxX4VpA/ - This is a news article which also gives some good background on the issue, and provides links to some other sources. How to take action: https://mashpeewampanoagtribe-nsn.gov/standwithmashpee - This is a link to the Mashpee Wampanoag website. It shows ways to take action on their side of the issue. In particular, they urge support for H.R. 5244, a bill that would ensure their land is put into a trust.
Welcome to Lost in the Sauce, keeping you caught up on political and legal news that often gets buried in distractions and theater… or a global health crisis. Figuring out how to divide the COVID-19 content from the “regular” news has been difficult because the pandemic is influencing all aspects of life. Some of the stories below involve the virus, but I chose to include them when it fits into one of the pre-established categories (like congress or immigration). The coronavirus-central post will be made again this Thursday-Friday; the sign up form now has an option to choose to receive an email when the coronavirus-focused roundup is posted. House-keeping:
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Let’s dig in!
Congress passes stimulus
Last week started out with a Republican-crafted stimulus bill that was twice-blocked by Senate Democrats, who objected to the lax conditions of aid to corporations, too little funding for hospitals, and a $500 billion “slush fund” for big companies to be doled out by Treasury Secretary Steve Mnuchin with no oversight. Conservative-Democrat Joe Manchin (WV) even criticized the GOP bill:
“It fails our first responders, nurses, private physicians and all healthcare professionals. ... It fails our workers. It fails our small businesses… Instead, it is focused on providing billions of dollars to Wall Street and misses the mark on helping the West Virginians that have lost their jobs through no fault of their own.”
Through negotiations, Democrats shifted the bill in a more-worker friendly direction. The version that passed includes the following Democrat-added provisions: expanded unemployment benefits, $100 billion for hospitals, $150 billion for state and local governments, direct payments to Americans without a phase-in (ensuring low-income workers get the full amount), a ban on Trump and his children from receiving aid, and oversight on the “slush fund” (see next section for more info). Senate Democrats also managed to remove a provision that would have excluded nonprofits that receive Medicaid funding from the small-business grants.
Further reading: After Senate Democrats blocked the Republican-crafted bill, House Speaker Nancy Pelosi led the House Democrats in releasing their own version, a best-case scenario of their dream coronavirus stimulus bill. It is interesting to contrast what the Democrats prioritized to what the Republicans focused on: “How the House Democrats' stimulus plan compares to the Senate's”
Echoing sentiments expressed during debate on the previous coronavirus bill (the second, for those keeping track), Republican senators derided the $600 a week increase in unemployment payments as “incentivizing” workers to quit their jobs. Sens. Ben Sasse (Neb.), Rick Scott (Fla.), Tim Scott (S.C.) and Lindsey Graham (S.C.) delayed passage of the bill in order to force a vote on an amendment removing the extra unemployment funding. "This bill pays you more not to work than if you were working," Graham said. Fortunately for American workers, the amendment failed and the improved bill passed the Senate and the House.
Note: In 2009 only three Republicans helped Obama pass his stimulus bill in his first month in office.
The giveaways in the bill
While Senate Democrats were able to add worker-friendly provisions, the bill still required bipartisan support to pass the chamber and some corporate giveaways remained in the final version.
NYT: “Senate Republicans inserted an easy-to-overlook provision on page 203 of the 880-page bill that would permit wealthy investors to use losses generated by real estate to minimize their taxes on profits from things like investments in the stock market. The estimated cost of the change over 10 years is $170 billion.”
NYT: “...if a company owns multiple hotels, even if the overall hotel or restaurant chain has more than 500 employees — the limit to qualify for treatment as a small business — it will still be able to take advantage of the small-business benefits offered in the rescue package. ...The provision could benefit the Trump Organization, which operates a relatively small chain, with six hotels in the United States in cities including New York, Washington and Chicago.”
“A provision for the FDA to approve ‘innovative’ sunscreens—which would benefit L’Oreal, which has operations in Kentucky—appeared in the bill, which was steered in the Senate by Majority Leader Mitch McConnell of Kentucky.”
“The $25 billion allocated in loans and loan guarantees for the airlines will also benefit eligible businesses "approved to perform inspection, repair, replace, or overhaul services, and ticket agents.” The last two words — ‘ticket agents’ — mean that travel agents who book flights will also be able to apply for a piece of the $25 billion.”
“The credit reporting industry got a win by defeating a total ban on negative credit reports during the crisis. Instead, a watered down version made it into the final bill: Consumers wouldn't get a negative credit report if they have an agreement with a lender to delay payments or make partial payments.”
Trump’s signing statement
While signing the latest coronavirus relief bill, the president also issued a signing statement undercutting the congressional oversight provision creating an inspector general to track how the administration distributes the $500 billion “slush fund” money. The newly-created inspector general is legally required to audit loans and investments made through the fund and report to Congress his/her findings, including any refusal by the executive office to cooperate. In his signing statement, Trump wrote that his understanding of constitutional powers allows him to gag the special IG:
"I do not understand, and my Administration will not treat, this provision as permitting the [inspector general] to issue reports to the Congress without the presidential supervision required" by Article II of the Constitution.
The signing statement further suggests that Trump does not have to comply with a provision requiring that agencies consult with Congress before it spends or reallocates certain funds: "These provisions are impermissible forms of congressional aggrandizement with respect to the execution of the laws," the statement reads. While some have said that Congress fell short in this instance, one Democratic Senate aide told Politico that Congress built in multiple layers of oversight, including “a review of other inspectors general and a congressional review committee charged with overseeing Treasury and the Federal Reserve's efforts to implement the law.” Legal experts have pointed out that a signing statement is “without legal effect.” But that ignores the fact that oversight is not equal to enforcement. The problem, in my opinion, isn’t that Congress won’t be notified of any abuses of power by Trump. The problem is that congressional Republicans and the judiciary have largely failed to hold him accountable and enforce our laws even after learning of his abuses.
Concerns about the IG
Another potential weakness in the oversight structure is the inspector general position itself. The special inspector general for pandemic recovery, known by the acronym S.I.G.P.R., is nominated by the president and confirmed by the Republican-controlled Senate. As we’ve seen from Trump’s previous nominees, particularly judicial, many unqualified individuals have been confirmed. The Democrats will not have the power to stop the president and Mitch McConnell from jamming through a loyalist to fill the SIGPR role.
Former inspector general at the Justice Department Michael Bromwich: “The signing statement threatens to undermine the authority and independence of this new IG. The Senate should extract a commitment from the nominee that Congress will be promptly notified of any Presidential/Administration interference or obstruction.”
You may recall that Trump has already proven that he’s willing to interfere with the legally-mandated work of an inspector general. When the Ukraine whistleblower filed a complaint last year, the IG of the Intelligence Community, Michael Atkinson, investigated and determined the complaint to be “urgent” and “credible.” Atkinson wrote a report and gave it to Director of National Intelligence Joseph Maguire to hand over to Congress. However, the White House and DOJ interfered and instructed Maguire not to transmit the report to the Senate and House Intelligence Committees. Chairman Adam Schiff had to subpoena Maguire to turn over the report and testify before his committee. Further, there are already five IG vacancies in agencies that have a critical role in responding to the pandemic. The Treasury itself has not had a permanent, Senate-confirmed IG for over eight months now, and Trump hasn’t nominated a replacement. The Treasury Dept. has taken a lead role in the coronavirus response, with Secretary Mnuchin handling most of the negotiating with Congress on Trump’s behalf. The fact that the lead agency doesn’t have IG oversight should be troublesome in itself; replicating the situation with a special IG doesn’t seem to be a promising solution.
The other four coronavirus-related agencies without a permanent IG: Department of Health and Human Services’ IG has been vacant for nine months, Department of Defense’s IG has been vacant for four years, Department of Education’s IG has been vacant for one year, and Office of Personnel Management’s IG has been vacant for four years. Overall, there are twelve IG vacancies in the 37) presidentially-appointed offices.
UPDATE: The nation's inspectors general have appointed Glenn Fine, the Pentagon's acting IG, to lead the committee of IGs overseeing the coronavirus relief effort.
This is one of several oversight mechanisms built into the new law. They include: A committee of IGs (now led by Fine), a new special IG (to be nominated by Trump), a congressional review panel (to be appointed by House/Senate leaders)
Included in the stimulus bill is a $1200 one-time direct payment for all Americans who made less than $75,000 in 2019 (less than $150,000 if couples filed jointly). More details can be found here. I have read that the Treasury will use 2018 information for those who have not filed yet this year, but I am not 100% sure that’ll happen. Mnuchin has said that Americans can expect to receive the money within three weeks, but many experts expect that timetable to be pushed into late April. Additionally, that only applies to Americans who included direct deposit information on their 2019 tax returns. Those who did not include their bank’s information will have to be sent a physical check in the mail… which could take anywhere from two to four months. Other options are being discussed, including partnering the Treasury Dept. with MasterCard and Visa to deliver prepaid debit cards. Venmo and Paypal are reportedly lobbying the government to be considered as a disbursement option. Future payments? House Speaker Pelosi is already planning another wave of direct payments to Americans, saying that the $1,200 is not enough to mitigate the economic effects of the pandemic: “I don’t think we’ve seen the end of direct payments.” Republicans, meanwhile, are taking a ‘wait and see’ approach, using the next couple of weeks to measure the impact of the $2 trillion bill passed last week.
House Minority Leader Kevin McCarthy: “What concerns me is when I listen to Nancy Pelosi talk about a fourth package now, it’s because she did not get out of things that she really wanted...I’m not sure you need a fourth package...Let’s let this work ... We have now given the resources to make and solve this problem. We don’t need to be crafting another bill right now.” For the fourth legislative package, Democrats have said they would like to see increased food stamp benefits; increased coverage for coronavirus testing, visits to the doctor and treatment; more money for state and local governments, including Washington, D.C.; expanded family and medical leave; pension fixes; and stronger workplace protections.
Trump’s signature Normally, a civil servant signs federal checks, like the direct payments Americans are set to receive. According to a Wall Street Journal report, Trump has told people that he wants his signature to appear on the stimulus checks.
War on the poor continues
Amid the coronavirus crisis, Trump has defended his continued support of a Republican-led lawsuit to dismantle the Affordable Care Act, which would result in 20 million Americans losing health insurance if successful. The Supreme Court agreed to hear arguments in the case this fall. Contrasting with his position that the ACA is illegal, Trump is considering reopening enrollment on HealthCare.gov, allowing millions of uninsured individuals to get coverage before potentially incurring charges and fees related to COVID-19. Joe Biden called on Texas Attorney General Ken Paxton, who is leading the charge against the ACA, and President Trump to drop the lawsuit:
“At a time of national emergency, which is laying bare the existing vulnerabilities in our public health infrastructure, it is unconscionable that you are continuing to pursue a lawsuit designed to strip millions of Americans of their health insurance and protections under the Affordable Care Act (ACA), including the ban on insurers denying coverage or raising premiums due to pre-existing conditions.”
The Trump administration is also pushing forward with its plan to kick 700,000 people off federal food stamp assistance, known as SNAP (Supplemental Nutrition Assistance Program). The USDA announced two weeks ago that the department will appeal Judge Beryl Howell’s recent decision that the USDA’s work mandate rule is “arbitrary and capricious." Additionally: The Social Security Administration has no plans to slow down a rule change set for June that will limit disability benefits, the Department of Health and Human Services still intends to reduce automatic enrollment in health coverage, and the Department of Housing and Urban Development will continue the process to enact a rule that would make it harder for renters to sue landlords for racial discrimination.
Lawmakers’ stock transactions
The Justice Department and Securities and Exchange Commission are beginning to investigate stock transactions made ahead of the economic crisis caused by the coronavirus pandemic. CNN reports that the inquiry has already reached out to Senator Richard Burr for information. “Under insider trading laws, prosecutors would need to prove the lawmakers traded based on material non-public information they received in violation of a duty to keep it confidential,” a task that won’t be easy. Sen. Burr is facing another consequence of his trades: Alan Jacobson, a shareholder in Wyndham Hotels and Resorts, sued Burr for allegedly using private information to instruct a mass liquidation of his assets. Among the shares he sold were an up to $150,000 stake in Wyndham, whose stock suffered a market-value cut of more than two-thirds since mid-February.
Using the pandemic as cover, the Trump administration has begun to more aggressively roll back regulations meant to protect the environment. These are examples of what Naomi Klein dubbed “the shock doctrine”: the phenomenon wherein polluters and their government allies push through unpopular policy changes under the smokescreen of a public emergency. On Thursday, the EPA announced (non-paywalled) an expansive relaxation of environmental laws and fines, exempting companies from consequences for pollution. Under the new rules, there are basically no rules. Companies are asked to “act responsibly” but are not required to report when their facilities discharge pollution into the air or water. Just five days before abandoning any pollution oversight, the oil industry’s largest trade group implored the administration for assistance, stating that social distancing measures caused a steep drop in demand for gasoline.
Monday morning update: In an interview with Fox News this morning, Trump said he was going to call Putin after the interview to discuss the Saudi-Russia oil fight. A consequence of this "battle" has been plummeting prices in the U.S. making it difficult for domestic companies (like shale extraction) to turn a profit. It's striking that the day after Dr. Fauci told Americans we can expect 100,000 to 200,000 deaths from COVID-19 (if we keep social distancing measures in place), Trump's first action is to talk to Fox News and his second action is to intervene in an international tiff on behalf of the oil and gas industry.
Gina McCarthy, who led the E.P.A. under the Obama administration, called the rollback “an open license to pollute.” Cynthia Giles, who headed the EPA enforcement division during the Obama administration, said “it is so far beyond any reasonable response I am just stunned.” The EPA is also moving forward with a widely-opposed rule to limit the types of scientific studies used when crafting new regulations or revising current ones. Hidden behind claims of increased transparency, the rule would require disclosure of all raw data used in scientific studies. This would disqualify many fields of research that rely on personal health information from individuals that must be kept confidential. For example, studies that show air pollution causes premature deaths or a certain pesticide is linked to birth defects would be rejected under the proposed rule change. Officials and scientists are calling upon the EPA to extend the time for comment on the regulatory changes, arguing that the public is unable to express their opinion while dealing with the pandemic.
“These rollbacks need and deserve the input of our public health community, but right now, they are rightfully focused on responding to the coronavirus,” said Representative Frank Pallone of New Jersey, the chairman of the House Energy and Commerce Committee.
Other controversial decisions being made:
A former EPA official who worked on controversial policies returned as Administrator Andrew Wheeler’s chief of staff. Mandy Gunasekara helped write regulations to ease pollution controls for coal-fired power plants and vehicle emissions in her previous role as chief of the EPA’s Office of Air and Radiation. In a recent interview, Gunasekara, who played a role in the decision to exit the Paris Climate Accord, pushed back on the more dire predictions of climate change, saying, “I don't think it is catastrophic.”
NYT: The plastic bag industry, battered by a wave of bans nationwide, is using the coronavirus crisis to try to block laws prohibiting single-use plastic. “We simply don’t want millions of Americans bringing germ-filled reusable bags into retail establishments putting the public and workers at risk,” an industry campaign that goes by the name Bag the Ban warned on Tuesday. (Also see The Guardian)
Kentucky, South Dakota, and West Virginia passed laws putting new criminal penalties on protests against fossil fuel infrastructure in just the past two weeks.
The Hill: The Environmental Protection Agency (EPA) said Friday that it will extend the amount of time that winter gasoline can be sold this year as producers have been facing lower demand due to the coronavirus. It will allow companies to sell the winter-grade gasoline through May 20, whereas companies would have previously been required to stop selling it by May 1 to protect air quality. “In responding to an international health crisis, the last thing the EPA should do is take steps that will worsen air quality and undermine the public’s health,” biofuels expert David DeGennaro said.
NYT: At the Interior Department, employees at the U.S. Fish and Wildlife Service have been under strict orders to complete the rule eliminating some protections for migratory birds within 30 days, according to two people with direct knowledge of the orders. The 45-day comment period on that rule ended on March 19.
WaPo: The Interior Department has received over 230 nominations for oil and gas leases covering more than 150,000 acres across southern Utah, a push that would bring drilling as close as a half-mile from some of the nation’s most famous protected sites, including Arches and Canyonlands National Parks… if all the fossil fuels buried in those sites was extracted and burned, it would translate into between 1 billion and 5.95 billion metric tons of carbon dioxide being released into the air. That upward measure is equal to half the annual carbon output of China
Press freedom case Southern District of New York District Judge Lorna Schofield ruled that a literary advocacy group’s lawsuit against Trump for allegedly violating the First Amendment can move forward. The group, PEN America, is pursuing claims that Trump “has used government power to retaliate against media coverage and reporters he dislikes.” Schofield determined that PEN’s allegation that Trump made threats to chill free speech was valid, providing as an example the White House’s revocation of CNN correspondent Jim Acosta’s press press corps credentials:
”The threats are lent credence by the fact that Defendant has acted on them before, by revoking Mr. Acosta’s credentials and barring reporters from particular press conferences. The Press Secretary indeed e-mailed the entire press corps to inform them of new rules of conduct and to warn of further consequences, citing the incident involving Mr. Acosta… These facts plausibly allege that a motivation for defendant’s actions is controlling and punishing speech he dislikes.”
Twitter case The president suffered another First Amendment defeat last week when the full 2nd Circuit Court of Appeals declined to review a previous ruling that prevents Trump from blocking users on the Twitter account he uses to communicate with the public. Judge Barrington D. Parker, a Nixon-appointee, wrote: “Excluding people from an otherwise public forum such as this by blocking those who express views critical of a public official is, we concluded, unconstitutional.” Trump-appointees Michael Parker and Richard Sullivan authored a dissent, arguing the free speech “does not include a right to post on other people’s personal social media accounts, even if those other people happen to be public officials.” Park warned that the ruling will allow the social media pages of public officials to be “overrun with harassment, trolling, and hate speech, which officials will be powerless to filter.” Florida’s felon voting U.S. District Judge Robert Hinkle ripped into Florida Governor Ron DeSantis’s administration for failing to come up with a process to determine which felons are genuinely unable to pay court-ordered fees and fines, which are otherwise required to be paid before having their voting rights restored. “If the state is not going to fix it, I will,” Hinkle warned. He had given the state five months to come up with an administrative process for felons to prove they’re unable to pay financial obligations, but Florida officials did not do so. The case is set to be heard on April 28 (notwithstanding any coronavirus-related delays).
ICE, Jails, and COVID-19
ICE One of the most overlooked populations with an increased risk of death from coronavirus are those in detention facilities, which keep people in close quarters with little sanitation or protective measures (including for staff). Last week, U.S. District Judge Dolly Gee ordered the federal government to “make continuous efforts” to release migrant children from detention centers across the country. Numerous advocacy groups asked for the release after reports that four children being held in New York had tested positive for the virus:
“The threat of irreparable injury to their health and safety is palpable,” the plaintiffs’ lawyers said in their petition… both of the agencies operating migrant children detention facilities must by April 6 provide an accounting of their efforts to release those in custody… “Her order will undoubtedly speed up releases,” said Peter Schey, co-counsel for the plaintiffs in the court case.
On Tuesday, 13 immigrants held at ICE facilities in California filed a lawsuit demanding to be released because their health conditions make them particularly vulnerable to dying if infected by the coronavirus. An ACLU statement says the detainees are “confined in crowded and unsanitary conditions where social distancing is not possible.” The 13 individuals are all over the age of 50 and/or suffering from serious underlying medical issues like high blood pressure.
“From all the evidence we have seen, ICE is failing to fulfill its constitutional obligation to protect the health and safety of individuals in its custody. ICE should exercise its existing discretion to release people with serious medical conditions from detention for humanitarian reasons,” said William Freeman, senior counsel at the ACLU of Northern California.
Meanwhile, ICE is under fire for continuing to shuttle detainees across the country, with one even being forced to take nine different flights bouncing from Louisiana to Texas to New Jersey less than two weeks ago. That man is Dr. Sirous Asgari, a materials science and engineering professor from Iran, who was acquitted last year on federal charges of stealing trade secrets. The government lost its case against him, yet ICE has had him in indefinite detention since November.
Asgari, 59, told the Guardian that his Ice holding facility in Alexandria, Louisiana, had no basic cleaning practices in place and continued to bring in new detainees from across the country with no strategy to minimize the threat of Covid-19...Detainees have no hand sanitizer, and the facility is not regularly cleaning bathrooms or sleeping areas…Detainees lack access to masks… Detainees struggle to stay clean, and the facility has an awful stench.
Jails State jails are making a better effort to release detained individuals, as both New York and New Jersey ordered a thousand people in each state be let out of jail. The order applied only to low-level offenders sentenced to less than a year in jail and those held on technical probation violations. In Los Angeles County, officials released over 1,700 people from its jails. A judge in Alabama took similar steps last week, ordering roughly 500 people jailed for minor offenses to be released to lessen crowding in facilities. Unlike in New York and New Jersey, however, local officials reacted in an uproar, led in part by the state executive committee for the Alabama Republican Party and Assistant District Attorney C.J. Robinson. Using angry Facebook messages as the barometer of the community’s feelings, Robinson worked “frantically” to block inmates from being released.
Reuters: As of Saturday, at least 132 inmates and 104 staff at jails across New York City had tested positive for COVID-19, the disease caused by the coronavirus… Since March 22, jails have reported 226 inmates and 131 staff with confirmed cases of COVID-19, according to a Reuters survey of cities and counties that run America’s 20 largest jails. The numbers are almost certainly an undercount given the fast spread of the virus.
Tribe opposed by Trump loses land
On Wednesday, The Federal Bureau of Indian Affairs announced the Mashpee Wampanoag Tribe’s reservation would be "disestablished" and its land trust status removed. Tribal Chairman Cedric Cromwell called the move "cruel" and "unnecessary,” particularly coming in the midst of a pandemic crisis. Rep. Bill Keating (D-Mass.), who last year introduced legislation to protect the tribe's reservation as trust land in Massachusetts, said the order “is one of the most cruel and nonsensical acts I have seen since coming to Congress.” The administration’s decision is especially suspicious as just last year Trump attacked the tribe’s plan to build a casino on its land, tweeting that allowing the construction would be “unfair” and treat Native Americans unequally. As a former casino owner, Trump has spent decades attacking Native American casinos as unfair competition. At a 1993 congressional hearing Trump said that tribal owners “don’t look like Indians to me” and claimed: “I might have more Indian blood than a lot of the so-called Indians that are trying to open up the reservations” to gambling. More than his past history, however, Trump has current interests at play in the Mashpee Wampanoag’s planned casino: it would have competed for business with nearby Rhode Island casinos owned by Twin River Worldwide Holdings, whose president, George Papanier, was a finance executive at the Trump Plaza casino hotel in Atlantic City.
In the Mashpee case, Twin River, the operator of the two Rhode Island casinos, has hired Matthew Schlapp, chairman of the American Conservative Union and a vocal Trump supporter, to lobby for it on the land issue. Schlapp’s wife, Mercedes, is director of strategic communications at the White House.
Trump's DOI uses COVID19 distraction to screw over indigenous people in MA, as a favor to his special interest buddies.
SS: The DOI moved to "de-establish" the Wampanoag tribe in Massachusetts, removing their reservation's status as sovereign land. The DOI is moving on this now so it will be swept under the rug during the COVID19 crisis. Trump has personally Tweeted his opposition to the bill HR 312 that was allowing the Wampanoag to build a casino on their private land. Why would Trump personally get involved in this issue? Because his buddy, Matthew Schapp was hired by existing casinos that is concerned about competition:
Twin River, the operator of the two Rhode Island casinos, also hired Matthew Schlapp, a conservative activist and vocal Trump supporter, to lobby for the company on the issue of the Mashpee Wampanoag reservation, as The Washington Postreported after Trump spoke out against the bill. Schlapp’s wife, Mercedes Schlapp, was Trump’s strategic communications director at the time. However, Schlapp said his wife played “no role” in his advocacy.
Trump told governors on a Monday conference call that he hasn’t “heard about testing being a problem,” in spite of their repeated warnings that test shortages are still slowing down the national response. Gov. Steve Bullock (D-MT) said on the call that Montana was one day away from being unable to conduct testing, unless the state received more kits from the CDC, and Govs. Jay Inslee (D-WA) and Ralph Northam (D-VA) have desperately asked for federal help with testing in the last week. Even Maryland’s Republican governor, Larry Hogan, called Trump’s assertion that testing problems are in the past “just not true.”
In addition to lying about ongoing testing challenges, Trump has doubled down on his self-protective strategy of forcing states into competition with each other for critical medical supplies. As Gov. Andrew Cuomo (D-NY) put it today, "It’s like being on eBay with 50 other states, bidding on a ventilator.” Not only has the federal government left states to fend for themselves on the private market, but FEMA is bidding on the same equipment for the federal stockpile, driving up prices. Mask and ventilator shortages have dominated the news, but, just as seriously, hospitals are also running low on medications that are required to safely intubate patients.
Governors aren’t the only leaders struggling with mixed messages from above. The captain of the Theodore Roosevelt, an aircraft carrier deployed in the Pacific Ocean, wrote a letter to the Pentagon pleading for help with an outbreak on the ship: “We are not at war. Sailors do not need to die. If we do not act now, we are failing to properly take care of our most trusted asset—our sailors.” The carrier has 4,000 crew members, dozens of whom are already infected. Defense Secretary Mark Esper has insisted that the armed forces figure out how to proceed with their operations, even, apparently, when that puts troops at high risk of exposure.
But back to the most important initiative at the forefront of everyone’s mind: The border wall.
The Trump administration has sped up construction of the wall in Arizona, claiming it will help prevent the spread of the virus into the U.S. from Mexico. This will be of great use to the states that don’t already have outbreaks, which are (checks notes), ah yes, none of them. What the construction has done is send an influx of construction crews into Arizona border towns, placing citizens in those towns at greater risk of getting sick, and setting up those workers to bring infections back home to their own communities.
Today Trump invoked the spirit of his long-lost bipartisan infrastructure plan, tweeting out a call for a $2 trillion infrastructure package in the next coronavirus stimulus bill. House Speaker Nancy Pelosi said her proposed legislation would likely include a major infrastructure component, but Senate Majority Leader Mitch McConnell made clear he has no plans to pass a fourth package anytime soon, and is eager to get back to stacking the courts with Trump judges—as always, the main reason Republicans have forced the country to endure this madness.
Amid a rising death toll and alarming projections of what’s still ahead, McConnell suggested today that the administration’s attention was “diverted” from the impending crisis by Trump’s impeachment. That would be cute blame deflection, if Trump weren’t engaged in the same corrupt behavior that got him impeached in the first place, now at the cost of American lives. We’ll just leave this here.
Look No Further Than The Crooked Media
With everything that's going on, here's one thing you can do if you haven't already to keep our democracy functioning. Fill out the Census! Thankfully, for the first time ever, the census is online at https://my2020census.gov. It only takes 5 minutes to do, and it'll have a huge impact on our democracy for the next ten years. The Census uses the info about our population to determine who gets federal resources and how many representatives we get. It's a big deal, so take five minutes and fill it out, and remind your friends → https://My2020census.gov
Under The Radar
Oscar Heath, a company with close ties to the Kushner family, built a coronavirus website at the government’s request. After President Trump lied about Google creating a website that would tell Americans if they needed to be tested for COVID-19 and direct them to nearby testing sites, Oscar Health set to work developing a government website with those same features. Jared Kushner’s younger brother Joshua is a co-founder and major investor in Oscar, and J-dawg himself partially owned or controlled the firm before he joined the White House. The site never launched, but that doesn’t matter: It still looks like a major ethics-law violation. That’s in addition to the other federal laws Kushner’s shadow coronavirus task force seems to have broken. But in our eyes, all of this is worth it to have Jared Kushner, experienced epidemiologist, at the helm of the pandemic response.
States are rushing to expand voting options before the general election, but it’s expensive and politically difficult. Twelve states still don’t allow all voters to vote by mail; Alabama, Delaware, Kentucky, and Connecticut not only require voters to provide a justification for not voting in person to be given absentee ballots, but don’t yet have early voting options in place for November. Some states will allow anyone to vote absentee in primaries, but haven’t extended that to the general election. Voter advocacy groups have filed lawsuits in several states over the delayed changes, but even if states change their rules, they face serious obstacles to implementing them.The cost of ensuring a free and fair election during a pandemic could run up to $2 billion nationally, and Republicans in Congress aren’t interested in funding it. One piece of good news: President Trump does not have authority to suspend or delay the election, even in a national emergency.
President Trump with Navajo Code Talkers in November 2017. Still Image: The White House "A RACIAL SLUR": The U.S. House of Representatives was scheduled to pass two pro-tribal bills on Wednesday. Then President Donald Trump tweeted about it and both were pulled from consideration. “We needed significant Republican support to get these bills approved today, and apparently the president tweeting a racial slur was compelling enough to give them cold feet," Rep. Raul Grijalva (D-Arizona) said this afternoon. “It’s my intention to move both of these bills forward soon, and we’re currently evaluating our options for other avenues to passage," Grijalva said. The two bills are: * H.R.312, Mashpee Wampanoag Tribe Reservation Reaffirmation Act. The bill confirms that the Mashpee Wampanoag Tribe's reservation is in trust and can't be challenged in court. A similar law was enacted for another tribe in 2014 -- the U.S. Supreme Court later upheld it as constitutional. * H.R.375, a bill confirming that all tribes, regardless of date of federal recognition, can restore their homelands through land-into-trust process. The bill is a "clean" fix to U.S. Supreme Court's Carcieri decision from 2009, which created uncertainty for newly recognized tribes. "I stand with my friends Bill Keating and Tom Cole in supporting Indian Country, and I have no intention of letting the president’s gutter commentary derail the people’s business,” Grijalva said of the sponsors of the two bills that were pulled. Rep. Bill Keating (D-Massachusetts) is the sponsor of H.R.312. The bill has the backing of the entire Congressional delegation in Massachusetts. Rep. Tom Cole (R-Oklahoma), a citizen of the Chickasaw Nation, is the sponsor of H.R.375. The bill has bipartisan support. Earlier today, Trump tweeted this: "Republicans shouldn’t vote for H.R. 312, a special interest casino Bill, backed by Elizabeth (Pocahontas) Warren. It is unfair and doesn’t treat Native Americans equally!" #RacialSlur #Carcieri #DonaldTrump #StandWithMashpee
Sen. Bernard Sanders has built his career siding with the little guy, but as far as Michelle Littlefield is concerned, he picked the wrong underdog when he sided with the Mashpee Wampanoag tribe ... The dustup is the latest wrinkle in the Mashpee Wampanoag Tribe’s tortured, years-long quest for federally protected land — and the lucrative rights to build a tax-exempt casino on it. In southeastern Massachusetts and the embattled Mashpee Wampanoag Tribe has reportedly encountered yet another obstacle in its plan to bring the $1 billion First Light Resort and Casino to a 321-acre parcel of land on the outskirts of Taunton.. According to a Wednesday report from the Associated Press news service published by ABCNews.com, the tribe of some 3,000 members was federally ... The Mashpee Wampanoag tribe (also known as People of the First Light) planned to build a 150,000 sq ft casino, bank-rolled by Genting Group, a Malaysian conglomerate, in exchange for interest-bearing promissory notes issued by the tribe’s 2,600 citizens. Mashpee Wampanoag Tribe. The Mashpee Wampanoag Tribe, also known as the People of the First Light, has inhabited present day Massachusetts and Eastern Rhode Island for more than 12,000 years. After an arduous process lasting more than three decades, the Mashpee Wampanoag were re-acknowledged as a federally recognized tribe in 2007. In 2015, the federal government declared 150 acres of land in ... First Light Resort & Casino is the name of the new destination resort casino that the Mashpee Wampanoag Tribe will construct in Taunton, Massachusetts. “First Light” comes from the word Wampanoag or Wopanaak, meaning “People of the First Light.” For the Wampanoag People, the resort and casino represents growth, progression, and opportunity while revitalizing the economic future for the ... The Mashpee Wampanoag tribe will get a hearing before a federal judge this week to appeal a 2016 ruling that 321 acres of reservation land in Mashpee and Taunton could not be held in trust for the ... Judge sides with Mashpee Wampanoag tribe in lawsuit over reservation status The Cape Cod-based tribe, which traces its ancestry to the Native Americans that shared a fall harvest meal with the ... The Mashpee Wampanoag Tribe got a frightening notice from the Trump administration just as residents are grappling with the devastating impact of COVID-19. By Mary Papenfuss The U.S. Interior Department is rescinding the reservation status of a Native American tribe whose plan to build a casino on its Massachusetts land was attacked by President Donald Trump last year. The Mashpee Wampanoag tribe has been involved in a dispute over its land in trust status for years, which put the brakes on plans for a $1 billion casino on what is now disputed tribal land in Taunton. The tribe was federally-recognized in 2007 and the Obama administration took the land into trust for the tribe in early 2016. But the Trump administration has worked to undo that designation.
Gov. Deval Patrick Joins Mashpee Wampanoag Tribe for "Day ...
Mashpee Wampanoag Indians, On Tyranny, Coronavirus, Trump Agenda ... Head of Wampanoag Tribe Talks Stalled Casino Construction - Duration: 7:16. WGBH News 1,657 views. 7:16. HOW COVID-19 KILLS--I ... MASHPEE — Although they haven't received final approval for it yet, members of the Mashpee Wampanoag Tribe this week will celebrate their casino compact with... Tribal leaders say the Mashpee Wampanoag will begin construction of a $500 million resort casino in Taunton next spring. WBZ-TV's Paul Burton reports. Aired on Fox 25 on 6/8/13. This video is unavailable. Watch Queue Queue Jim Braude is joined by Cedric Cromwell, chairman of the Mashpee Wampanoag Tribe of Massachusetts to discuss the legal issues facing the tribe’s resort casino. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. CBSN Boston's Breana Pitts has the latest.