Ralph welcomes Deepa Padmanabha, senior legal advisor to Greenpeace USA, to discuss that organization’s looming trial against Energy Transfer Partners (builder of the Dakota Access Pipeline at Standing Rock) that threatens the constitutionally protected First Amendment right of citizens and citizen groups to protest. Plus, Josh Paul, former State Department employee, who resigned in protest over the Biden Administration’s policy of sending weapons to support Israel’s genocide in Gaza, returns to tell us about an organization he co-founded called “A New Policy,” which as the name suggests envisions an American policy toward the Middle East more in line with the “foundational principles of liberty, equality, democracy, and human rights; advancing American interests abroad; and protecting American freedoms at home.”
Deepa Padmanabha is Senior Legal Advisor at Greenpeace USA, where she works closely with environmental activists seeking to exercise their First Amendment rights to promote systemic change. In September 2022, she testified before the House Committee on Oversight and Reform on Greenpeace USA’s experience with legal attacks from extractive industries and the importance of federal anti-SLAPP legislation. And her work has focused on defending Greenpeace entities in the US against two SLAPP lawsuits attempting to silence the organization’s advocacy work.
This was not a Greenpeace campaign—and that was very intentional. And so our very limited involvement was solidarity with the Indigenous tribes, the Indigenous water protectors that were carrying this fight…Personally, I don't think that Energy Transfer likes the optics of going after Indigenous people. I think that it's much easier to go after the “Big Greens”, the “agitators”, things like that—and they probably would be dealing with a much more difficult PR campaign if they went after members of tribes.
Deepa Padmanabha
Back in 2016 and 2017, when the original civil RICO cases were filed against the Greenpeace entities (all of these fights started out as RICO), many groups across issue areas were deeply concerned that this would be the new tactic used to go to attack labor, to attack human rights, to attack every kind of organization imaginable. And so what we did at that time (Greenpeace USA was a part of it as well as other groups) is we've created a coalition called Protect the Protest. Protect the Protest is a coalition of organizations to provide support for individuals who are threatened with SLAPPs, who receive cease-and-desist letters, who might want help either finding a lawyer or communication support. Because we know that the individuals bringing these lawsuits want the fights to happen in silence. So a big part of the work that needs to be done—and that we do—is to bring attention to them.
Deepa Padmanabha
Past SLAPP lawsuits by corporations intended to wear down the citizen groups, cost them all kinds of legal fees. There have been SLAPP lawsuits for citizen groups just having a news conference or citizen groups being part of a town meeting. Or in the case of Oprah Winfrey, who was sued by at Texas meat company because she had a critic of the meat industry on her show that reached millions of people. That case was settled. So, this is the furthest extension of suppression of free speech by these artificial entities called corporations.
Ralph Nader
Josh Paul is co-founder (with Tariq Habash) of A New Policy, which seeks to transform U.S. foreign policy in the Middle East. He resigned from the State Department in October 2023 due to his disagreement with the Biden Administration’s decision to rush lethal military assistance to Israel in the context of its war on Gaza. He had previously spent over 11 years working as a Director in the Bureau of Political-Military Affairs, which is responsible for U.S. defense diplomacy, security assistance, and arms transfers. He previously worked on security sector reform in both Iraq and the West Bank, with additional roles in the Office of the Secretary of Defense, U.S. Army Staff, and as a Military Legislative Assistant for a Member of the U.S. House Armed Services Committee.
I think that the time for quitting in protest over Gaza, unfortunately, in many ways, is greatly behind us. I think there will be a significant number of State Department officials who will be leaving in the coming days, weeks, and months. And this is a result of a push from the Trump administration to gut America's diplomatic corps, much as they did at the start of the previous Trump administration, but even more so this time around. What I'm hearing from former colleagues in the State Department is a sense of immense despair as they see freezes being placed on U.S. foreign assistance programs—including programs that do an immense amount of good around the world—and just a concern about the overall and impending collapse of American diplomacy.
Josh Paul
We have to acknowledge the precedent set by President Biden. Not only in his unconditional support for Israel and its attacks on Gaza, its violations of international humanitarian law, but also in President Biden and Secretary Blinken's willingness to set aside U.S. laws when it came to, in particular, security assistance and arms transfers in order to continue that support. That is a precedent that I think all Americans should be concerned about regardless of their thoughts on the conflict itself.
Josh Paul
I would say that what we face in America is a problem set that runs much deeper than any change in administration, than any political party. There is an entrenched dynamic within American politics—an entrenched set of both political and economic incentives across our electoral system—that are maintaining U.S. unconditional support for Israel, regardless of what the American people might want.
Josh Paul
News 1/31/25
1. Our top stories this week have to do with the betrayal of the so-called “Make America Healthy Again” or “MAHA” movement. First up, Robert F. Kennedy Jr. – President Trump’s nominee to lead the Department of Health of Human Services – found himself in the hot seat Wednesday as his confirmation hearings began. Kennedy, who is facing opposition both from Democrats who regard his anti-vaccine rhetoric as dangerous and Republicans who view him as too liberal, struggled to answer basic questions during these hearings. Perhaps most distressingly, he shilled for the disastrous Medicare privatization scheme known as “Medicare Advantage,” at one point saying that he himself is on a Medicare Advantage plan and that “more people would rather be on Medicare Advantage.” Kennedy went on to say most Americans would prefer to be on private insurance. As Matt Stoller of the American Economic Liberties Project writes, this is “basically Cato [Institute] style libertarianism.”
2. Meanwhile, the Trump Administration is signaling they intend to scrap a proposed EPA rule to ban “forever chemicals” from Americans’ drinking water, per the Spokesman-Review out of Spokane, Washington. Per this piece, “perfluoroalkyl and polyfluoroalkyl substances, abbreviated PFAS, are a set of man-made chemicals used in thousands of products over the decades. High levels of them have…been linked to cancers, heart disease, high cholesterol, thyroid disease, low birth weight and other diseases.” Shelving PFAS regulation was high on the Heritage Foundation’s Project 2025 wish list, though the Trump team had previously sent mixed messages on the topic. Trump’s pick to oversee regulation of dangerous chemicals is Nancy Beck, a longtime executive at the American Chemistry Council.
3. As if those betrayals weren’t enough, Trump has also selected Ms. Kailee Buller as the Chief of Staff for the U.S. Department of Agriculture. For the past year, Buller has served as president & CEO of the National Oilseed Processors Association. More simply put, she is the top seed oil lobbyist in the nation. This is perhaps the most illustrative example of the MAHA bait and switch. Not only is the Trump administration spitting in the face of their own supporters and doing the opposite of what they promised in terms of cracking down on ultra-processed, unhealthy food – they are doing so in an openly and brazenly corrupt manner. Under Trump, regulatory agencies are on the auction block and will be sold to the highest bidder.
4. In more health news, legendary investigative journalist Seymour Hersh has come out with a new story – and it’s a doozy. According to Hersh’s sources, the Trump administration mishandled the COVID-19 pandemic long before the public knew anything about the virus. He writes “I learned this week that a US intelligence asset at the Wuhan Institute of Virology in China, where the Covid virus was first observed…provided early warning of a laboratory accident at Wuhan that led to a series of infections that was quickly spreading and initially seemed immune to treatment.” Hersh continues “early studies dealing with how to mitigate the oncoming plague, based on information from the Chinese health ministry about the lethal new virus, were completed late in 2019 by experts from America’s National Institutes of Health and other research agencies.” Yet, “Despite their warnings, a series of preventative actions were not taken until the United States was flooded with cases of the virus.” Most damningly, Hersh’s sources claim that “All of these studies…have been expunged from the official internal records in Washington, including any mention of the CIA's source inside the Chinese laboratory.” If true, this would be among the most catastrophic cases of indecision – and most sweeping coverup – in modern American history. Watch this space.
5. Meanwhile, in more foreign affairs news, Progressive International reports that “For the first time in history,” Members of the United States Congress have joined with Members of Mexico's Cámara de Diputados to “oppose the escalating threats of U.S. military action against Mexico” and call to “strengthen the bonds of solidarity between our peoples.” This move of course comes amid ever-rising tensions between the United States and our southern neighbor, particularly as the GOP has in recent years taken up the idea of a full-blown invasion of Mexico. This letter was signed by many prominent U.S. progressives, including Rashida Tlaib, Ilhan Omar, Summer Lee, AOC, Greg Casar and Raul Grijalva, as well as 23 Mexican deputies. One can only hope that this show of internationalism helps forestall further escalation with Mexico.
6. Turning to the issue of corruption, former New Jersey Senator Robert Menendez was sentenced to 11 years in prison for his role in a bribery scheme that included him acting as an unregistered agent of the Egyptian government, per the DOJ. Until 2024, Menendez had served as the Chairman or Ranking Member of the powerful Senate Foreign Relations Committee – an ideal perch for a crooked politician. During sentencing, Menendez broke down and weepily begged the judge for leniency. Yet, almost immediately after the sentence was handed down, Menendez changed his tune and started sucking up to Trump in a transparent attempt to secure a pardon. Axios reports Menendez said “President Trump was right…This process is political, and it's corrupted to the core. I hope President Trump cleans up the cesspool and restores the integrity to the system.” Unfortunately, Trump’s fragile ego makes him particularly susceptible to just this sort of appeal, so it would be no surprise if he does grant some form of clemency to the disgraced Senator.
7. Likewise, New York City Mayor Eric Adams appears to feel the walls closing in with regard to his corrupt dealings with his Turkish benefactors. And just like Menendez, Adams’ strategy appears to be to ingratiate himself with Trump world. On January 23rd, the New York Daily News reported that Adams had pledged to avoid publicly criticizing Trump. Adams has previously called Trump a “white supremacist.” Adams’ simpering seems to having the intended effect. On January 29th, the New York Times reported “Senior Justice Department officials under President Trump have held discussions with federal prosecutors in Manhattan about the possibility of dropping their corruption case,” against Adams. This story notes that “The defense team is led by Alex Spiro, who is also the personal lawyer for Elon Musk.”
8. Our final three stories this week have to do with organized labor. First, Bloomberg labor reporter Josh Eidelson reports Trump has ousted National Labor Relations Board General Counsel Jennifer Abruzzo. This alone is a tragedy; Abruzzo has been nothing short of a crusader on behalf of organized labor during her tenure. Yet, more troubling news quickly followed: Trump has unlawfully sacked Gwynne Wilcox a Democratic member of the labor board with no just cause. As Eidelson notes, the law forbids “firing board members absent neglect or malfeasance.” Wilcox was the first ever Black member of the NLRB and her unlawful removal gives Trump a working majority at the board. Expect to see a rapid slew of anti-worker decisions in the coming days.
9. In some good news, independent journalist Ken Klippenstein reports that union collective bargaining agreements have successfully “thwart[ed]…Trump's return to work order.” Instead, the administration has been forced to issue a new order, stating “Supervisors should not begin discussions around the return to in-person work with bargaining unit employees until HHS fulfills its collective bargaining obligations.” In other words, even while every supposed legal guardrail, institutional norm, and political force of gravity wilts before Trump’s onslaught, what is the one bulwark that still stands strong, protecting everyday working people? Their union.
10. Our final story is a simple one. Jacobin labor journalist Alex Press reports that in Philadelphia, the first Whole Foods grocery store has voted to unionize. The nearly-300 workers at the store voted to affiliate with United Food and Commercial Workers Local 1176. Whole Foods was sold to Amazon in 2017 and since then the e-tail giant has vigorously staved off unionization. Could this be the first crack in the dam? Only time will tell.
This has been Francesco DeSantis, with In Case You Haven’t Heard.
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