Is Chevron’s Vendetta Against Steven Donziger Finally Backfiring?

Steven Donziger, the human rights lawyer who spent nearly three decades fighting Chevron on behalf of 30,000 people in the Ecuadorian rainforest, has been sentenced to six months in federal prison for “criminal contempt.” On October 1, in a lower Manhattan federal courtroom, Judge Loretta Preska justified imposing the maximum penalty by asserting that Donziger, now 60, had not shown contrition. She said, “It seems that only the proverbial two-by-four between the eyes will instill in him any respect for the law.”

In May, Preska had found Donziger guilty after a trial without a jury. And now Donziger, along with his family and scores of supporters, had to listen to the federal judge compare him to a mule who needed to be beaten with a piece of wood before complying.

Prior to sentencing, Donziger reminded the court in a polite and at times emotional statement that he had already spent 787 days under house arrest in his New York City apartment, a confinement that had put great pressure on his wife and teenage son. He explained that the court-imposed restrictions meant that his son had a father who was “unable to travel, leave his home except under narrow exceptions with court permission 48 hours in advance, unable to even go out for dinner, unable to have a father capable of doing all the things a father can do and should do with a child, including act with spontaneity.”

But even though Donziger was facing prison, he told the court he would not back down: “I have been attacked and demonized for years by Chevron in retaliation for helping Indigenous peoples in Ecuador try to do something to save their cultures, their lives, and our planet in the face of massive oil pollution. That’s the context for why we are here today.”

In response, Preska read out a prepared 50-minute statement for her harsh sentence. “Mr. Donziger spent the last seven plus years thumbing his nose at the US judicial system,” she said. “It’s now time to pay the piper.”

Donziger will not go to prison immediately. His attorneys will challenge the criminal contempt conviction, and they will also ask a higher court to put off his prison sentence pending that appeal. But Preska will keep him under house arrest, once again calling him a “flight risk.” In the past, she has warned that he “has ties to Ecuador,” insinuating that he would abandon his family and his New York City apartment to go live in the rain forest.

You can’t understand this latest injustice without looking back at Chevron’s long campaign against Donziger, who won a landmark pollution case against the oil giant in Ecuadorian courts in 2013. Chevron was ordered to spend $9.5 billion to clean up a contaminated area the size of Rhode Island, and to pay for the health care of the 30,000 plaintiffs whose communities have seen a rising number of cancer cases. Instead of following the legal order, Chevron launched a case in New York, and in 2014, a federal judge, Lewis Kaplan, found Donziger and some of his Ecuadorian allies civilly liable for racketeering, bribery, and fraud. Then, Kaplan asked the federal prosecutor for the Southern District of New York to put Donziger on trial for “criminal contempt” connected to the original conviction. The federal prosecutor refused, so Kaplan handpicked an attorney from a private firm, Rita Glavin, to prosecute—a nearly unprecedented legal maneuver.

As Chevron’s vendetta continued, international outrage grew. Just before sentencing, the United Nations High Commissioner for Human Rights issued an opinion in Donziger’s favor, ruling that his two years of house arrest was illegal under international law and that he had been denied the right to a fair trial. A panel of five prominent jurists called that confinement “arbitrary” and said that both judges, Kaplan and Preska, had shown “a staggering lack of objectivity and impartiality.” In court, Preska briefly acknowledged the UN findings only to dismiss them.

Once again, the mainstream media is largely ignoring Chevron’s campaign of retaliation against Donziger. The New York Times, Donziger’s hometown newspaper, reported nothing in the two days after the verdict, and has barely mentioned the case for the past seven years.

Back in 1993, Donziger, fresh out of Harvard Law School, joined an ongoing fight for environmental justice. The struggle against Texaco, which was taken over by Chevron in 2001, began in the late 1980s in eastern Ecuador, where the oil company drilled and operated wells from 1972 to 1992. Texaco had disposed of its drilling wastes by methods that in some cases would have been illegal in the United States. (More details are here.) Local people began organizing against the pollution in their rivers and streams and in oil-soaked stretches of their land. The case started in the New York federal courts, but then a judge ordered it sent back to Ecuador—a move that Chevron’s lawyers welcomed at the time. So, in 2003, the legal battle re opened in the eastern oil frontier town of Lago Agrio.

The case wound its way up through three levels of the Ecuadorian courts, and in the end, after Chevron exhausted all appeals, its guilt was confirmed. Meanwhile, though, its counterattack back in New York was underway. Chevron charged that Donziger and his allies had committed bribery and fraud in Ecuador to win their case, and it used the Racketeer Influenced and Corrupt Organizations Act (RICO), which had been designed to prosecute the Mafia. Donziger and the codefendants expected they would face a jury, but at the last minute, Chevron dropped its demand for financial damages. Under RICO law, this meant the defendants lost their right to a jury, and Kaplan alone would decide the case.

Donziger’s supporters objected to Kaplan’s pro-corporate statements and hostility toward the human rights lawyer during the RICO trial. Kaplan is a career corporate lawyer turned judge, with no experience in Ecuador or anywhere else in the Global South. Yet he decided which witnesses to believe and which to disregard—and in 2014 he found Donziger and the others guilty.

Only a corporation like Chevron worth billions could have financed such a prosecution. The oil giant paid for a disgraced former judge named Alberto Guerra and his family to move to the United States. Chevron’s lawyers rehearsed Guerra’s testimony with him 53 times before he went on the witness stand, where Guerra claimed that Donziger and an Ecuadorian lawyer had offered him a $500,000 bribe and that the pair had ghostwritten the final judgment against Chevron. Donziger and his defense team estimate that Chevron has spent $2 billion on legal fees and other costs. (Chevron’s designated spokesman, James Craig, declined to give the corporation’s own figure for how much it has spent on the case. Craig also declined to say if Chevron is still paying Guerra or if he is still living in the United States.)

Chevron’s attacks against Donziger did not stop after it won the racketeering verdict. The current contempt case began when the oil corporation petitioned Kaplan for access to Donziger’s personal computer and cell phone. Donziger declined, arguing that his electronic communications would give Chevron’s lawyers “backdoor access to everything we are planning, thinking, and doing.” He said he would wait until the US Court of Appeals heard his argument, and if it required him to, then he would hand over his electronics. Preska dismissed his defense and convicted him in May—again, without a jury.

It’s vital to recognize Chevron’s role in this legal persecution. Its attorneys show up at every Donziger legal case—even the ones that don’t directly involve the company. At the same time as Donziger was defending himself against the criminal contempt charge, he was also fighting the effort to take away his license to practice law in New York. The state bar association appointed a special officer named John Horan to preside over open hearings, and he found in Donziger’s favor. Horan, a former prosecutor, had harsh words for Chevron: “The extent of [Donziger’s] pursuit by Chevron is so extravagant, and at this point so unnecessary and punitive, [that] while not a factor in my recommendation, [it] is nonetheless background to it.”

Months later, a higher New York state court tossed out Horan’s finding and disbarred Donziger.

Putting Donziger in a federal prison for six months is more than vindictiveness. The $9.5 billion judgment against Chevron in Ecuador still stands, but the oil giant unloaded its assets there. That means the plaintiffs must collect in other countries where the corporation has holdings. Kaplan’s racketeering verdict specifically prohibited the Ecuadorians from forcing Chevron to pay the judgment in the United States. But there are promising possibilities in Canada and elsewhere. Donziger is forced to put those fights on hold while he tries to stay out of prison.

But there are signs that Chevron has gone too far, and that relentlessly pursuing a human rights lawyer is damaging its international reputation. The United Nations High Commissioner for Human Rights is only the latest sign of concern and anger. Sixty-eight Nobel Laureates have shown their solidarity; another 475 lawyers and human rights defenders have signed a letter that calls his prosecution “one of the most important corporate accountability and human rights cases of our time.” Representative Jim McGovern, a Democrat from Massachusetts, said after the prison sentence that “it’s the executives at Chevron,” not Donziger, “who should be behind bars.”

What’s more, a movement to boycott Chevron is in the early stages. Big Oil is under scrutiny because of its role in the climate crisis, and divestment campaigns on college campuses and elsewhere are starting to have an impact. Large institutional investors may also start to pay attention. CalPERS, the giant retirement investment fund for California government employees, is headquartered in Chevron’s home state, and the teachers and municipal employees who contribute to it may ask why it holds $456 million of the oil giant’s stock.

Tucker Carlson, Unmasked

The self-styled champion of individual liberty wants you to call government agents to punish Americans for their parenting.

Social media has so conditioned people to expect hyperbole that there’s a perverse satisfaction when a clip is truly as bad as advertised. Last night, a viral tweet claimed that Fox News’s Tucker Carlson had told his audience to harass people on the street wearing masks—and to “call the police immediately; contact child protective services” if they saw a child wearing one.

Surely, this couldn’t be a fair description; naturally, it was. Having spent the early part of the month espousing the white-supremacist “great replacement theory,” Carlson is now seeking to use the power of the state to harass and immiserate his political opponents:

Carlson delivered his rant with the combination of astonished indignation, obvious bad faith, and smug sarcasm with which he delivers everything these days, a volatile mix that makes it impossible to know when and to what extent he’s trolling. Like his fellow traveler Donald Trump, Carlson delights in making appalling statements with a straight face and then insisting he was just joking; unlike Trump, Carlson has in the past shown enough of a sense of humor that you can’t discount that possibility.

Trying to figure out Carlson’s “real” feelings is not only impossible but beside the point. Whether he’s disingenuous or delusional, many people will hear what he says and take it seriously and literally. We have several recent examples of the Fox audience being misled into believing falsehoods, including denying the reality of COVID-19 and subscribing to bogus claims about fraud in the 2020 election.

Carlson’s diatribe is a useful data point for how American conservatism has transformed, especially in the Trump era, from a movement that (at least putatively) believes in limited government to one that primarily prizes marshaling the power of the state to punish those who disagree with itWith Trump in eclipse, Carlson is the most visible face of the new conservative movement.

Although Carlson makes a lot of ridiculous claims in a short period in this clip, it is his comments about children that are most disturbing. After complaining that mask mandates imposed by the state are equivalent to living in North Korea, Carlson executes two athletic rhetorical maneuvers. First, he goes from describing mask wearing as excessive to describing it as abusive, and second, he elides the difference between a government mandate and a personal choice.

“As for forcing children to wear masks outside, that should be illegal,” Carlson sputters. “Your response when you see children wearing masks as they play should be no different from seeing someone beating a kid at Walmart: Call the police immediately; contact child protective services. Keep calling until someone arrives. What you’re looking at is abuse. It’s child abuse, and you’re morally obligated to attempt to prevent it.”

One doesn’t need a lot of imagination to game out where this is going. Some viewers will take Carlson’s possibly arch exhortations to heart. They’ll call the police and child protective services. In most cases, authorities will ignore those calls. In some cases, especially if the callers repeatedly summon police as Carlson demands, they could be charged with filing false claims; it’s a good bet that neither he nor Fox News will be there to help them if they are. In other cases, encounters will end poorly for the innocent parents involved. The news is full of examples of how police called to respond to petty or wholly imagined offenses end up gravely injuring or even killing people. (Carlson believes Derek Chauvin was wrongly convicted.)

But when government authorities fail to intervene—because, of course, no laws are being broken—Carlson’s fans may feel the moral obligation to take matters into their own hands, just like Edgar Maddison Welch, who stormed into a Washington, D.C., pizzeria heavily armed in 2016, because he wanted to prevent child abuse that he wrongly believed was occurring there. No one was hurt in that incident, though someone easily could have been. Welch spent about three years in prison.

Carlson’s argument isn’t really about masks. As he grudgingly admitted, the Biden administration had already signaled that new guidance would soon make clear that mask wearing outside is not necessary for fully vaccinated people; the CDC released that guidance this afternoon. Perhaps the change could have come faster, but conservatives have traditionally applauded the deliberate process of government, because it prevents tyranny and abuse of citizens.

Even after new guidance, some people will decide to continue wearing masks outside. Perhaps they feel more comfortable that way. People exercising sometimes extreme caution about their health is neither new or a nuisance. Perhaps they are immunocompromised, or have immunocompromised family members or friends. Ultimately, it’s none of my business or Tucker Carlson’s business why they are doing so, as long as they aren’t hurting anyone, which neither he nor anyone else has established they are.

That’s the sort of personal choice that conservatives have also traditionally defended. Though Carlson masquerades as a defender of free speech (one of several poses he’s tried on over the years), he must know that the government has no business telling citizens what they cannot wear. It is, to borrow Carlson’s analogy, like being forced to wear a Kim Il Sung pin in Pyongyang. Unlike mandates to wear masks, which stem from a public-health interest, a government rule punishing people for wearing masks during a pandemic serves no compelling interest. As for children, conservatives have long argued that families should enjoy autonomy about their parenting decisions, without undue interference from the state.

But Carlson doesn’t object to the state harassing people or exercising undue power. He delights in it, as long as the state is harassing the people he hates. The crueltyas my colleague Adam Serwer has said, is the point. This is the lodestar of the Trump and post-Trump GOP, which values owning the libs above allnot merely rhetorically, but with the fist of government. Thus Trump asserted that he had the authority to override state and local coronavirus shutdowns (before hastily backtracking when it became clear that he had no such power). He sought to involve the federal government in decisions of colleges and universities in order to muzzle speech. And he celebrated police violence, even as he moaned that he was the victim of overzealous law enforcement.

It is tempting to read incoherence in Trump’s arguments, or in Carlson’s: How can they both be against government mandating masks, on the basis of personal liberty, and also demand that the government prevent people from wearing them? In fact, the principle is straightforward enough. Small government for me, but not for thee.

 

Narcissist, SocioPath, or Psychopath?: How to Recognize the Distinctions

As you learn more about narcissism, you may uncover a distinct lack of conscience in some. You wonder, “Am I dealing with a sociopath, or worse? Psychotherapist Dr. Les Carter explains commonalities and distinctions regarding narcissists, sociopaths, and psychopaths.

England’s national anthem: What are the lyrics to God Save the Queen? And who wrote it?

What are the lyrics to ‘God Save the Queen’?

God save our gracious Queen,
Long live our noble Queen,
God save the Queen!
Send her victorious,
Happy and glorious,
Long to reign over us,
God save the Queen!

O Lord our God arise,
Scatter our enemies,
And make them fall!
Confound their politics,
Frustrate their knavish tricks,
On Thee our hopes we fix,
God save us all!

Not in this land alone,
But be God’s mercies known,
From shore to shore!
Lord make the nations see,
That men should brothers be,
And form one family,
The wide world ov’er.

From every latent foe,
From the assasins blow,
God save the Queen!
O’er her thine arm extend,
For Britain’s sake defend,
Our mother, prince, and friend,
God save the Queen!

Thy choicest gifts in store,
On her be pleased to pour,
Long may she reign!
May she defend our laws,
And ever give us cause,
To sing with heart and voice,
God save the Queen!

Lord grant that Marshal Wade
May by thy mighty aid
Victory bring.
May he sedition hush,
And like a torrent rush,
Rebellious Scots to crush.
God save the Queen!

President Trump believes, not without good reason, that the Mexican government is not doing its utmost to stop the illegal flow of Central Americans crossing the U.S. border. And so he has responded with . . . a $17 billion–a–year–and–rising sales tax on Americans.

The president loves tariffs. He believes that they are an effective means of protecting American firms from unfair overseas competition and a good negotiating tool as he works to reform trade agreements that he believes are disadvantageous to Americans. But the question of who ends up actually paying any given tax is complicated. The price of those tariffs, and the retaliatory tariffs they have provoked, is very high for American companies: For example, the tariffs Beijing imposed in response to Trump’s have cost American farmers an enormous part of their export market (half of exported U.S. soybeans used to go to China; the tariffs have been a gift to Brazilian producers), but the U.S. tariffs themselves are an enormous problem, too. Many American manufacturers import raw materials and components from abroad, and complex products such as automobiles and electronics may cross the border several times in the course of production.

A 5 percent tariff on Mexican goods would notionally amount to about $17 billion on U.S. imports from Mexico, touching everything from industrial components to fruit and crude oil. In reality, it is difficult to say how much money would be raised, because buyers respond to tariffs in unpredictable ways. In any case, many of those costs will be borne by American consumers and — this cannot be emphasized enough — American businesses that rely in some part on imported inputs. More important, it would cause uncertainty around a North American supply chain that has evolved organically over many years as the result of enormous investment by American companies and their business partners.

President Trump envisions a tariff that will potentially ratchet up to 25 percent.

The president here is unnecessarily complicating his own life. He has just overseen the successful renegotiation of NAFTA, which will be reconstituted as the U.S.–Mexico–Canada Agreement (USMCA). But that agreement has not yet been ratified — not by the United States, and not by Mexico. Imposing punitive tariffs over a policy dispute unrelated to trade five minutes after negotiating a new trade pact makes the Trump administration — and the United States — look like an unreliable negotiating partner. Mexico is not wrong to resent it, and even Trump allies such as Senator Chuck Grassley (R., Iowa) are against him on this.