Politics
White House does victory lap on its handling of East Palestine disaster despite never declaring emergency
The White House is doing a victory lap on its response to the derailment of a train hauling toxic chemicals in East Palestine, Ohio, last year as President Biden prepares to visit the site for the first time.
The administration’s media blitz Wednesday comes nearly 12 months after the disaster which occurred in early February 2023, and sparked fears of widespread contamination of the region’s air and water supply. In the aftermath of the event, the federal government led by the Environmental Protection Agency (EPA) took action to clear the derailment site, remove waste and implement new rail safety measures.
“We have been at work here at the U.S. Department of Transportation throughout this entire process and we’ll continue to do so. Safety is our department’s main reason for being. Whether it’s aviation safety, roadway safety or railway safety, it is always our top priority,” Transportation Secretary Pete Buttigieg told reporters Wednesday. “All of this was at stake and continues to be at stake in the response to what happened one year ago.”
“For many, it’s been a year of fear, a year of uncertainty and a year of change,” added EPA Administrator Michael Regan. “We recognize times have been very challenging. That’s why I’m so thankful for the leadership of President Biden, who mobilized this whole-of-government response to support the people of East Palestine, Ohio, and supported the United States Environmental Protection Agency as we worked hard to hold Norfolk Southern accountable, clean up this mess and restore this tight-knit community.”
EAST PALESTINE RESIDENTS GRILL BIDEN FOR NOT YET VISITING SITE OF MAJOR TRAIN DERAILMENT: ‘WE’RE NOT OK’
Transportation Secretary Pete Buttigieg speaks during a news conference near the site of the Norfolk Southern train derailment in East Palestine, Ohio, on Feb. 23, 2023. (Matthew Hatcher/Bloomberg via Getty Images)
The White House also announced Wednesday that Biden would visit the site in East Palestine at some point next month to witness the ongoing cleanup effort. White House press secretary Karine Jean-Pierre said shortly after the incident that Biden would visit the site, but those plans never came to fruition last year.
When pressed in September about why he hadn’t made the visit, Biden said he hasn’t “been able to break.”
EAST PALESTINE RESIDENT EXPERIENCING LESIONS, STOMACH PAIN, SHORTNESS OF BREATH SINCE TRAIN DERAILMENT
Overall, according to federal data released on Friday, the EPA has shipped an estimated 176,787 tons of solid waste and 44.4 million gallons of wastewater from the site since February. Workers have also completed all planned excavation and continue to backfill as test results indicate contaminated soil has been removed.
Environmental Protection Agency Administrator Michael Regan answers questions in East Palestine, Ohio, on Feb. 16, 2023. (AP Photo/Patrick Orsagos)
In addition, the White House highlighted additional federal work testing air quality, supporting local community members, investigating the cause of the derailment and monitoring potential health impacts to nearby residents. The work involves EPA, the Department of Transportation, Federal Emergency Management Agency (FEMA), Department of Health and Human Services, and Department of Agriculture.
OFFICIALS REVEAL BEHIND-THE-SCENES DECISION TO VENT TOXIC CHEMICALS AFTER EAST PALESTINE TRAIN DERAILMENT
“On behalf of FEMA Administrator Deanne Criswell and the entire Biden-Harris administration, I want to reiterate and express that our agency is committed and we will continue to be with the people of East Palestine as they transition to long-term recovery support,” Anne Bink, the associate administrator for FEMA’s Office of Response and Recovery, said Wednesday.
A black plume rises over East Palestine, Ohio, as a result of a controlled detonation of a portion of the derailed Norfolk Southern trains on Feb. 6, 2023. (AP Photo/Gene J. Puskar, file)
However, despite his administration’s work clearing the area, Biden failed to ever issue a national disaster declaration which Ohio officials repeatedly requested. In July, Ohio Gov. Mike DeWine sent a letter to Biden doubling down on his request and, one month later, Sen. Sherrod Brown, D-Ohio, urged FEMA to grant DeWine’s request to “unlock additional resources from the federal government.”
“It’s our responsibility to do everything possible to help them recover. I will continue to do all in my power to support the families and small businesses of East Palestine,” Brown wrote to FEMA Administrator Deanne Criswell. “Now it is your time to step up and provide the support that only FEMA can.”
REPUBLICANS PROBE EPA ON WHY EAST PALESTINE WASTE SENT TO INDIANA AFTER DEMS OBJECTED TO MICHIGAN
In September, Biden signed an executive order ordering FEMA to appoint a federal disaster recovery coordinator to oversee cleanup efforts. But he declined to grant Ohio’s disaster declaration request, instead choosing to hold the request open pending future developments.
“We’re continuing to provide federal coordination through the appointment of the federal disaster recovery coordinator to support the identification of unmet needs in East Palestine,” a senior administration official told reporters Wednesday. “That was one of our major charges through the executive order. We’re continuing to do that right now.”
“But that work remains ongoing, and it’s really premature to judge what additional federal resources may be required at this time,” the official added. “As more information is known, we’ll certainly share it.”
On Feb. 3, 2023, a train carrying vinyl chloride, a dangerous colorless gas, and operated by the transportation company Norfolk Southern Railroad derailed in East Palestine, which is located along the Ohio-Pennsylvania border. Shortly after the derailment, Norfolk Southern opted to release the gas from the derailed cars, potentially releasing deadly fumes into the air, to prevent a potentially disastrous explosion.
Local residents were told to evacuate the area during the release, but were assured it was safe to return less than a week later. Experts, though, expressed concern that the air and water was not safe.
“This really looks like a nuclear winter,” Sil Caggiano, a local hazardous materials specialist, told Fox News at the time. “Pretty much, yeah, we nuked this town with chemicals.”
Politics
Trump ally diGenova tapped to lead DOJ probe into Brennan over Russia probe origins
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The Justice Department is turning to former Trump attorney Joeseph diGenova to spearhead a probe into ex-CIA Director John Brennan and others over the origins of the Trump-Russia investigation, as the department reshuffles leadership of the sprawling inquiry.
Acting Attorney General Todd Blanche has tapped diGenova to serve as counsel overseeing the matter, according to a New York Times report, putting a former Trump attorney in a key role in the high-profile probe. A federal grand jury seated in Miami has been impaneled since late last year.
The Department of Justice did not immediately respond to Fox News Digital’s request for comment.
DOJ ACTIVELY PREPARING TO ISSUE GRAND JURY SUBPOENAS RELATING TO JOHN BRENNAN INVESTIGATION: SOURCES
Joseph diGenova represented President Donald Trump during special counsel Robert Mueller’s investigation. (Tom Williams/CQ-Roll Call/Getty Images)
DiGenova, a former U.S. attorney in Washington, D.C., who represented Trump during special counsel Robert Mueller’s investigation, has repeatedly accused Brennan of misconduct tied to the origins of the Russia probe—allegations that have not resulted in criminal charges.
He also said in a 2018 appearance on Fox News that Brennan colluded with the FBI and DOJ to frame Trump.
The origins of the Russia investigation have been the subject of ongoing scrutiny by Trump allies, who have argued that intelligence and law enforcement officials improperly launched the probe.
BRENNAN INDICTMENT COULD COME WITHIN ‘WEEKS’ AS PROSECUTORS REQUEST OFFICIAL TRANSCRIPTS
Joseph diGenova has previously said that ex-CIA chief John Brennan colluded with the FBI and DOJ to frame Trump. (Tom Williams/CQ-Roll Call/Getty Images)
DiGenova’s appointment follows the ouster of Maria Medetis Long, a national security prosecutor in the South Florida U.S. attorney’s office. She had been overseeing the inquiry, including a false statements probe related to Brennan and broader conspiracy-related investigations.
As the investigation continues, federal investigators have issued subpoenas seeking information related to intelligence assessments of Russian interference in the 2016 election.
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John Brennan has denied any wrongdoing related to the Russia investigation. (William B. Plowman/NBC/NBC NewsWire via Getty Images; Alex Wong/Getty Images)
Brennan has previously denied wrongdoing related to the Russia investigation and has defended the intelligence community’s assessment that Moscow interfered in the 2016 election.
Politics
Supreme Court weighs phone searches to find criminals amid complaints of ‘digital dragnets’
WASHINGTON — A man carrying a gun and a cellphone entered a federal credit union in a small town in central Virginia in May 2019 and demanded cash.
He left with $195,000 in a bag and no clue to his identity. But his smartphone was keeping track of him.
What happened next could yield a landmark ruling from the Supreme Court on the 4th Amendment and its restrictions against “unreasonable searches.” The court will hear arguments on the issue on April 27.
Typically, police use tips or leads to find suspects, then seek a search warrant from a judge to enter a house or other private area to seize the evidence that can prove a crime.
Civil libertarians say the new “digital dragnets” work in reverse.
“It’s grab the data and search first. Suspicion later. That’s opposite of how our system has worked, and it’s really dangerous,” said Jake Laperruque, an attorney for the Center for Democracy & Technology.
But these new data scans can be effective in finding criminals.
Lacking leads in the Virginia bank robbery, a police detective turned to what one judge in the case called a “groundbreaking investigative tool … enabling the relentless collection of eerily precise location data.”
Cellphones can be tracked through towers, and Google stored this location history data for hundreds of millions of users. The detective sent Google a demand for information known as a “geofence warrant,” referring to a virtual fence around a particular geographic area at a specific time.
The officer sought phones that were within 150 yards of the bank during the hour of the robbery. He used that data to locate Okello Chatrie, then obtained a search warrant of his home where the cash and the holdup notes were found.
Chatrie entered a conditional guilty plea, but the Supreme Court will hear his appeal next week.
The justices agreed to decide whether geofence warrants violate the 4th Amendment.
The outcome may go beyond location tracking. At issue more broadly is the legal status of the vast amount of privately stored data that can be easily scanned.
This may include words or phrases found in Google searches or in emails. For example, investigators may want to know who searched for a particular address in the weeks before an arson or a murder took place there or who searched for information on making a particular type of bomb.
Judges are deeply divided on how this fits with the 4th Amendment.
Two years ago, the conservative U.S. Court of Appeals for the 5th Circuit in New Orleans ruled “geofence warrants are general warrants categorically prohibited by the 4th Amendment.”
Chief Justice John Roberts sided with the court’s liberals in a 4th Amendment privacy case in 2018.
(Alex Wong / Getty Images)
Historians of the 4th Amendment say the constitutional ban on “unreasonable searches and seizures” arose from the anger in the American colonies over British officers using general warrants to search homes and stores even when they had no reason to suspect any particular person of wrongdoing.
The National Assn. of Criminal Defense Lawyers relies on that contention in opposing geofence warrants.
Its lawyers argued the government obtained Chatrie’s “private location information … with an unconstitutional general warrant that compelled Google to conduct a fishing expedition through millions of Google accounts, without any basis for believing that any one of them would contain incriminating evidence.”
Meanwhile, the more liberal 4th Circuit in Virginia divided 7-7 to reject Chatrie’s appeal. Several judges explained the law was not clear, and the police officer had done nothing wrong.
“There was no search here,” Judge J. Harvie Wilkinson wrote in a concurring opinion that defended the use of this tracking data.
He pointed to Supreme Court rulings in the 1970s declaring that check records held by a bank or dialing records held by a phone company were not private and could be searched by investigators without a warrant.
Chatrie had agreed to having his location records held by Google. If financial records for several months are not private, the judge wrote, “surely this request for a two-hour snapshot of one’s public movements” is not private either.
Google changed its policy in 2023 and no longer stores location history data for all of its users. But cellphone carriers continue to receive warrants that seek tracking data.
Wilkinson, a prominent conservative from the Reagan era, also argued it would be a mistake for the courts to “frustrate law enforcement’s ability to keep pace with tech-savvy criminals” or cause “more cold cases to go unsolved. Think of a murder where the culprit leaves behind his encrypted phone and nothing else. No fingerprints, no witnesses, no murder weapon. But because the killer allowed Google to track his location, a geofence warrant can crack the case,” he wrote.
Judges in Los Angeles upheld the use of a geofence warrant to find and convict two men for a robbery and murder in a bank parking lot in Paramount.
The victim, Adbadalla Thabet, collected cash from gas stations in Downey, Bellflower, Compton and Lynwood early in the morning before driving to the bank.
After he was robbed and shot, a Los Angeles County sheriff’s detective found video surveillance that showed he had been followed by two cars whose license plates could not be seen.
The detective then sought a geofence warrant from a Superior Court judge that asked Google for location data for six designated spots on the morning of the murder.
That led to the identification of Daniel Meza and Walter Meneses, who pleaded guilty to the crimes. A California Court of Appeal rejected their 4th Amendment claim in 2023, even though the judges said they had legal doubts about the “novelty of the particular surveillance technique at issue.”
The Supreme Court has also been split on how to apply the 4th Amendment to new types of surveillance.
By a 5-4 vote, the court in 2018 ruled the FBI should have obtained a search warrant before it required a cellphone company to turn over 127 days of records for Timothy Carpenter, a suspect in a series of store robberies in Michigan.
The data confirmed Carpenter was nearby when four of the stores were robbed.
Chief Justice John G. Roberts, joined by four liberal justices, said this lengthy surveillance violated privacy rights protected by the 4th Amendment.
The “seismic shifts in technology” could permit total surveillance of the public, Roberts wrote, and “we decline to grant the state unrestricted access” to these databases.
But he described the Carpenter decision as “narrow” because it turned on the many weeks of surveillance data.
In dissent, four conservatives questioned how tracking someone’s driving violates their privacy. Surveillance cameras and license plate readers are commonly used by investigators and have rarely been challenged.
Solicitor Gen. D. John Sauer relies on that argument in his defense of Chatrie’s conviction. “An individual has no reasonable expectation of privacy in movements that anyone could see,” he wrote.
The justices will issue a decision by the end of June.
Politics
Trump renews bridge, power plant threat against Iran in push for deal, mocks ‘tough guy’ IRGC
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President Donald Trump mocked the Islamic Revolutionary Guard on Sunday morning for staking claim to a Strait of Hormuz “blockade” the U.S. military had already put in place.
“Iran recently announced that they were closing the Strait, which is strange, because our BLOCKADE has already closed it,” Trump wrote on Truth Social. “They’re helping us without knowing, and they are the ones that lose with the closed passage, $500 Million Dollars a day! The United States loses nothing.
“In fact, many Ships are headed, right now, to the U.S., Texas, Louisiana, and Alaska, to load up, compliments of the IRGC, always wanting to be ‘the tough guy!’”
Trump declared Saturday’s IRGC fire was “a total violation” of the ceasefire.
“Iran decided to fire bullets yesterday in the Strait of Hormuz — A Total Violation of our Ceasefire Agreement!” his post began.
“Many of them were aimed at a French Ship, and a Freighter from the United Kingdom. That wasn’t nice, was it? My Representatives are going to Islamabad, Pakistan — They will be there tomorrow evening, for Negotiations.”
Trump remains hopeful about diplomacy, but is not ruling out a return to force, where he once warned about ending “civilation” in Iran as they know it.
“We’re offering a very fair and reasonable DEAL, and I hope they take it because, if they don’t, the United States is going to knock out every single Power Plant, and every single Bridge, in Iran,” Trump’s stern warning continued.
“NO MORE MR. NICE GUY!
“They’ll come down fast, they’ll come down easy and, if they don’t take the DEAL, it will be my Honor to do what has to be done, which should have been done to Iran, by other Presidents, for the last 47 years. IT’S TIME FOR THE IRAN KILLING MACHINE TO END!”
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