Saturday, January 16, 2021

CRIMINAL CAPITALI$M PRIVATIZATION PUTSCH 
Flint water probe brings charges against ex-governor, others

FLINT, Mich. — A new investigation of the Flint water disaster led to charges against nine people, including former Michigan Gov. Rick Snyder and key members of his administration, who are accused of various crimes in a calamitous plan that contaminated the community with lead and contributed to a fatal outbreak of Legionnaires’ disease, authorities said Thursday.
© Provided by The Canadian Press

Nearly seven years after the doomed decision to use the Flint River, pipes at more than 9,700 Flint homes have been replaced and water quality has greatly improved. But prosecutors said it's not too late to pursue people responsible for one of the worst human-made environmental disasters in U.S. history.


It’s the second time that six of the nine people have faced charges; their previous cases were dropped in 2019 when a new prosecution team took over. Snyder is the biggest new name in the bunch, though his alleged crimes are not as serious as others: two misdemeanour counts of wilful neglect of duty.

Snyder’s former health director, Nick Lyon, and ex-chief medical executive, Dr. Eden Wells, were charged with involuntary manslaughter in the 2015 deaths of nine people with Legionnaires’. Authorities said they failed to alert the public about a regional spike in Legionnaires’ when the water system might have lacked enough chlorine to combat bacteria in the river water.

“The Flint water crisis is not some relic of the past,” Fadwa Hammoud of the state attorney general’s office told reporters. “At this very moment, the people of Flint continue to suffer from the categorical failure of public officials at all levels of government who trampled upon their trust and evaded accountability for far too long.”

The charges stemmed from evidence presented to Judge David Newblatt, who served as a secret one-person grand jury. All nine defendants pleaded not guilty during a series of brief court appearances.

The indictment alleges that Snyder failed to check the “performance, condition and administration” of his appointees and protect Flint’s nearly 100,000 residents when he knew the threat. The Republican served as governor from 2011 through 2018.

Wearing a mask, Snyder, 62, said little during his hearing, which was conducted by video. He replied, “Yes, your honour,” when asked if he was living in Michigan. A conviction carries up to a year in jail.

Snyder has acknowledged that his administration failed in Flint. But his attorney, Brian Lennon, said a criminal case against him was a “travesty.”

“These unjustified allegations do nothing to resolve a painful chapter in the history of our state,” Lennon said. “Today’s actions merely perpetrate an outrageous political persecution.”

In 2014, a Snyder-appointed emergency manager, Darnell Earley, who was running the financially struggling, majority Black city, carried out a money-saving decision to use the Flint River for water while a pipeline from Lake Huron was under construction.

The corrosive water, however, wasn't treated properly, a misstep that freed lead from old plumbing and into homes. Despite desperate pleas from residents holding jugs of discolored, skunky water, the Snyder administration, especially drinking water regulators, took no significant action until a doctor publicly reported elevated lead levels in children about 18 months later.

Lead can damage the brain and nervous system and cause learning and behaviour problems. Flint’s woes were highlighted as an example of environmental injustice and racism. The city resumed getting water from a Detroit regional system in October 2015, though bottled water and filters were distributed for years.

Former Mayor Karen Weaver, who was elected in 2015 after the disaster was recognized, said Snyder deserved more than misdemeanours.

“Snyder got a slap on the wrist and Flint got a slap in the face. ... Not only did people lose their lives through Legionnaires', we know women who had stillbirths and miscarriages,” Weaver said.

Authorities counted at least 90 cases of Legionnaires’ disease in Genesee County during the 2014-15 water switch, including 12 deaths. Legionella bacteria can trigger a severe form of pneumonia when spread through misting and cooling systems.

Defence attorney Chip Chamberlain said Lyon, the former health director, relied on the advice of experts when following the Legionnaires’ spike and forming policy as head of a sprawling agency.

“This is a dangerous day for state employees,” Chamberlain said of the charges.

Steve Tramontin — a lawyer for Wells, the ex-medical executive — called the allegations false and “unimaginable to anyone familiar with the level of dedication she has brought to her life’s work.”

Prosecutors charged Earley and another former Flint manager, Gerald Ambrose, with misconduct. Rich Baird, a friend and close adviser to Snyder, was charged with extortion, perjury, obstruction of justice and misconduct. Jarrod Agen, who was Snyder’s chief of staff, was charged with perjury.

Attorney Charles Spies disputed the charge against Agen and said he co-operated “fully and truthfully” with investigators.

The indictment accuses Baird, a Flint native, of making threats during a university-led investigation of the Legionnaires’ outbreak. He’s also accused of lying during an interview with Flint water investigators in 2017.

“There are no velvet ropes in our criminal justice system,” Hammoud said. “Nobody — no matter how powerful or well-connected — is above accountability when they commit a crime.”

Separately, the state, Flint, a hospital and an engineering firm have agreed to a $641 million settlement with residents. A judge said she hopes to decide by Jan. 21 whether to grant preliminary approval.

Melodie Ingraham, 61, whose skin was irritated by the tainted water, said the criminal charges don't mean much to her.

“It’s awful late in the day. They’re worried about the wrong thing," Ingraham said. "The issue is getting Flint back up and running, being safe again.”

__

White reported from Detroit and Eggert reported from Lansing, Mich.

David Eggert, Ed White And Corey Williams, The Associated
NEWEST SWEATSHOP ECONOMY
Cambodian labour leader's trial for border remarks begins

PHNOM PENH, Cambodia — The trial of a Cambodian labour union leader charged with inciting social unrest opened in Phnom Penh on Friday, part of a large-scale legal offensive by the government against its critics
.
© Provided by The Canadian Press

Rong Chhun, president of the Cambodian Confederation of Unions, is standing trial for “incitement to commit felony” for comments concerning territory in border areas, a politically sensitive issue. If found guilty, he could face from six months to two years in prison.

Rong Chhun was arrested in July after the government claimed he spread false information about Cambodia’s border with Vietnam. He has been held in detention ever since. A week before his arrest, Rong Chhun gave an interview to U.S. government-supported Radio Free Asia in which he spoke about meeting farmers in eastern Cambodia who complained about their land being infringed upon by neighbouring Vietnam.

His trial is part of a crackdown on opposition politicians and supporters carried out in the courts by Prime Minister Hun Sen's government. According to the human rights group Amnesty International, about 150 individuals affiliated with the banned Cambodia National Rescue Party are facing treason charges in mass trials, the first of which was held Thursday.

Labour leaders such as Rong Chhun hold significant political influence in Cambodia because they represent the vast number of industrial workers in the textile industry, which is the country’s major export earner. The major unions have historically aligned themselves with the political opposition to Hun Sen.


The issue of Vietnam encroaching on Cambodian land is a highly sensitive one with domestic political significance in Cambodia because of widespread historical antagonism toward the country’s larger neighbour to the east. Hun Sen’s government maintains close relations with Vietnam, leading his political foes to accuse him of failing to protect Cambodian land. Several prominent opposition figures have been prosecuted on various charges in recent years for making such allegations.


Sam Sokong, a lawyer for Rong Chhun, said his client has done nothing illegal in his interview with Radio Free Asia, and that he only had relayed the complaints of villagers along the border to the public at large.

The Joint Boundary Commission of Cambodia and Vietnam rejected the allegations about any violation of Cambodian territory.

Rong Chhun served on the national election committee of the opposition Cambodia National Rescue Party before it was dissolved by court order in November 2017, ahead of the 2018 general election. The party dissolution was generally seen as intended to ensure victory for Hun Sen’s ruling Cambodian People’s Party. Hun Sen has been in power for 36 years, and has often been accused of heading an authoritarian regime.

Sopheng Cheang, The Associated Press


Activist slams 'sham trial' of Cambodia opposition members

PHNOM PENH, Cambodia — Ten opposition activists, including a Cambodian-American lawyer, faced treason and other charges Thursday in a trial in Cambodia's capital widely criticized by rights advocates
.
© Provided by The Canadian Press

More than 60 defendants were summoned, mostly former members or supporters of the Cambodia National Rescue Party, which had been the sole credible political opposition until Cambodia’s highest court in late 2017 ordered its dissolution. But only 10 defendants attended, according to defence lawyer Sam Sokong.

The reasons for the absences were not immediately explained, though some defendants reside abroad. Under Cambodian law, defendants can be tried in absentia.

The court announced that because of the courtroom's limited capacity and coronavirus precautions, only the defendants, their lawyers, and representatives of some civil society organizations and several foreign embassies would be allowed inside.

Many of the defendants are accused of being involved with a failed effort by former opposition leader Sam Rainsy to return from exile in November 2019 to challenge the country's longtime ruler, Prime Minister Hun Sen.

Other exiled activists have announced they also will try to return this Sunday, although their plans are again opposed by Hun Sen's government, which has launched a sweeping crackdown on its opponents.

Theary Seng, a Cambodian-American lawyer who has long been one of the most outspoken critics of Hun Sen, told reporters at the court that she was not afraid of his regime and would not be intimidated.

Describing the charges as baseless, and the proceedings as “a sham trial,” she said “the decision will be made by politicians, not judges.”

“I’m being persecuted for my political opinion, for expressing my opinion,” she said.

Hun Sen has been in power for more than three decades and tolerates little opposition. An adroit political operator, he has employed both guile and force to maintain his position in an ostensibly democratic state.

Amnesty International said that along with related cases, approximately 150 opposition politicians and supporters are facing mass trials.

“These mass trials are an affront to international fair trial standards, Cambodia’s human rights commitments and the rule of law,” the group’s Asia-Pacific regional director, Yamini Mishra, said in a statement. “This onslaught of cases is the culmination of a relentless campaign of persecution against Cambodia’s political opposition and other dissenting voices.”

Misha said recent history suggests those accused have faint hope of a fair trial. "When it comes to cases against opposition activists and government critics, political motivations consistently outweigh facts and law,” Misha said.

Virtually all of the defendants have been charged with conspiracy to commit treason and incitement to commit a felony, which together carry a maximum penalty of 12 years in prison.

An initial hearing by the Phnom Penh Municipal Court in the cases of about 130 defendants was held in November, when the judge agreed to split the defendants into two groups to make the proceedings easier and allow those who did not yet have lawyers to find representation. The hearings for the second batch are slated to begin March 4.

Thursday's session was adjourned after the judge questioned two defendants and announced the hearing would continue on Jan. 28. There is no estimate of when the trial might conclude.

Several Western nations have imposed sanctions on Hun Sen's government, mainly after concluding that elections in 2008 without the opposition were neither free nor fair. The harshest measure came from the European Union, which last year withdrew some preferential trading privileges.

The U.S. Embassy in Phnom Penh said on its Facebook page that it had observers at the court Thursday. “We have serious concerns about the lack of due process and urge Cambodian authorities to preserve the constitutional right to peaceful expression,” it said.

——-

This story corrects the number of defendants appearing in court to 10 based on new information from lawyer.

Sopheng Cheang, The Associated Pres
Apaches object to Forest Service review of huge copper mine


FLAGSTAFF, Ariz. — The U.S. Forest Service released an environmental review Friday that paves the way for the creation of one of the largest copper mines in the United States, against the wishes of a group of Apaches who have been trying for years to stop the project.  
© Provided by The Canadian Press

The Forest Service now has 60 days to turn over a tract of land in Tonto National Forest east of Phoenix to Resolution Copper Mining, a joint venture of the international mining companies Rio Tinto and BHP.

Environmentalists contend the Forest Service was pressured to push the review over the finish line before President Donald Trump leaves office, complicating their efforts to reverse the land swap.


The Forest Service said that's not true, while the mining company contends the publication already was delayed by months.

The mountainous land near Superior, Arizona, is known as Oak Flat or Chi'chil Bildagoteel. It's where Apaches have harvested medicinal plants, held coming-of-age ceremonies and gathered acorns for generations. An area where dozens of warriors leapt to their deaths from a ridge adjacent to the proposed copper mine, rather than surrender to U.S. forces during westward expansion, is protected as a special management area.

A judge late Thursday denied a request from Apache Stronghold, a group led by former San Carlos Apache Chairman Wendsler Nosie Sr., to halt the publication until a larger question over who legally owns the land is settled.

U.S. District Court Judge Steven Logan in Phoenix said he recognized “the anxiety that having one’s sacred land taken from them and used for purposes that run counter to their spiritual beliefs, might cause.”

But Logan said the Forest Service and other defendants also have a right to respond to the allegations, and he saw no proof they had been served. He set a Jan. 27 hearing.

Nosie's group alleged violations of religious freedom and constitutional rights in the federal lawsuit filed this week. It also contends the Forest Service legally can't transfer the land because it belongs to Apaches under an 1852 treaty.

Nosie said he's hopeful the court or politicians will take action to preserve the area as it is.

“I think with a new Congress, new administration, they will be able to take a new look at it based on the Constitution, our religion and based on the consequences of having this mine that's looking to devastate and destroy this area forever,” Nosie told The Associated Press.

The land swap was approved in December 2014, quietly tucked into a must-pass defence bill. The late Republican U.S. Sen. John McCain, a major recipient of Rio Tinto campaign contributions, backed it. Before that, stand-alone bills never gained Congress' approval.

Arizona Gov. Doug Ducey on Friday said the mine will ensure a reliable supply of up to 1 billion pounds of copper annually. “Arizona has a long history of responsible mining, showing that we can have a robust mining sector while protecting our environment and cultural history,” he said in a statement.

Resolution Copper is set to receive 3.75 square miles (9.71 square kilometres) of Forest Service land in exchange for eight parcels the company owns elsewhere in Arizona.

U.S. Rep. Raul Grijalva of Arizona and Sen. Bernie Sanders of Vermont, both Democrats, tried unsuccessfully to reverse the land swap. Grijalva said this week that it remains one of his top priorities.

“I'm hoping to put the brakes on it and reexamine every step,” he told The Associated Press. “I think part of the oversight I want to do is what was this cozy relationship between the international mining company, their subsidiary Resolution and the Trump administration.”

Randy Serraglio with the Center for Biological Diversity called the move to transfer Oak Flat “an outrageous act of corruption and a callous betrayal of Native people who value that land as sacred.”

Resolution Copper said it has spent about $2 billion so far to gain access to the mine and conduct studies. More time and money will go into securing permits and constructing the mine, which wouldn't begin operating for at least 15 years.

The company said it has committed to spending $100 million for cultural heritage and recreation projects, among other things, to help ease the effects of mining. It has tweaked its plans after receiving input from other tribes, some of whom have members who were hired to help inform archaeological surveys.

Resolution Copper project director Andrew Lye said the company is committed to engaging with tribes and will seek consent from them before it makes any decisions on developing the project.

The Oak Flat Campground would remain open to the public until it's no longer safe for people to go there. Eventually, the mine would swallow it.

The project proposal calls for the use of block caving, a method Resolution Copper maintains is safe and environmentally sound, to extract the remaining ore from depths as much as 7,000 feet below ground. Through this method, ore is selectively mined in a controlled way as the ground underneath it collapses under its own weight.

Resolution Copper has said the mine could have a $61 billion economic impact over the project’s 60 years and create 1,500 jobs — points that supporters repeatedly have stressed.

“Not only will Resolution Copper be a major employer, but it will lead to construction activities and new commercial development, such as housing, hotels and retail,” Glenn Hamer, the president and chief executive of the Arizona Chamber of Commerce and Industry said in a statement.

Environmentalists and Native Americans are concerned about the toxic waste that would be dumped on nearby wildlands, the potential for groundwater contamination and the destruction of sacred sites.

Rio Tinto was criticized last year for blasting through 46,000-year-old aboriginal rock shelters in Australia’s Juukan Gorge. The company’s CEO and two other top executives were fired.

___

Associated Press writer Anita Snow in Phoenix contributed to this story. Fonseca is a member of The Associated Press’ race and ethnicity team. Follow her on Twitter at https://twitter.com/FonsecaAP

Felicia Fonseca, The Associated Press
Trump EPA Erects New Barriers To Crucial Science


A new EPA rule will make it more difficult for the regulators to use some scientific studies about the connection between pollution and health.
DKAR Images/Getty Images

January 5, 2021
REBECCA HERSHER Twitter NPR

The Environmental Protection Agency adopted a new rule restricting the types of scientific studies its own regulators can use to rein in pollution, in the Trump administration's latest effort to undercut the use of science in establishing public health standards.

The rule goes into effect on Wednesday and applies to all future EPA regulations. It puts a premium on scientific studies that are based on underlying data that is available to other scientists or to the public. Studies that do not meet that standard, which could include major epidemiological studies, will be given less weight by regulators unless the head of the EPA personally intervenes. The rule also requires that the agency disclose which studies it uses to set future pollution limits.

"The American public deserves to know which studies we are using to craft our regulations, which of those studies are key or pivotal to our decisions and, to the extent possible, that data should be available for the public to see," EPA Administrator Andrew Wheeler said in an announcement about the rule. The event was hosted by the conservative think tank the Competitive Enterprise Institute.

The EPA contends that the rule will improve public trust in environmental regulations by letting people know more about the data that regulators use to make their decisions about air and water pollution, including greenhouse gas emissions. These cause climate change and particle pollution that can exacerbate chronic diseases that make people more susceptible to severe COVID-19.

But many scientists and public health groups warn that the new approach will instead put the health of Americans at risk by excluding rigorous studies.

"This rule will enable the exclusion of highly relevant scientific evidence from the policymaking process," Sudip Parikh, chief executive of the national science advocacy group American Association for the Advancement of Science, wrote in an email. Parikh argues that the rule "directly impedes [the EPA's] ability to use the best data and evidence in its mission to protect human health and the environment."

SCIENCE
GOP Effort To Make Environmental Science 'Transparent' Worries Scientists

Epidemiological studies that examine the relationship between pollution and health sometimes rely on massive amounts of medical data that is anonymized or kept confidential in order to protect the privacy of study participants. However, rigorous scientific studies are reviewed by multiple experts in the field before publication and that peer-review process includes an examination of how the underlying data was analyzed.

Given the rigor of the modern scientific review process, the EPA's own internal board of scientific advisers raised questions about the new rule. When the board reviewed an earlier draft of the new rule last year, they noted that there is already a trend among scientists toward making data publicly available when it's possible to do so without compromising confidentiality. The EPA advisers said that the new rule could "decrease efficiency and reduce scientific integrity."


This is the latest in a string of controversial decisions the EPA has made in the final stretch of President Trump's administration. In December, the agency decided not to strengthen air quality standards for ozone and soot, and it enacted a new rule that requires future clean air regulations to weigh economic costs of curbing pollution while ignoring benefits, such as the deaths that could be avoided.

SCIENCE
Air Quality Disparities Persist Despite Overall Gains

American Lung Association chief executive Harold Wimmer calls the new science rule "a dangerous step in the wrong direction — one that threatens the integrity and use of the best science, and consequently threatens our health and lives."

Last year, the association co-signed a letter opposing the new rule, along with more than 50 medical, environmental and scientific groups including the American Medical Association, the American Heart Association and the American Public Health Association.

"It has no merits from the standpoint of science or transparency, and it will make it vastly harder for the agency to do its job of protecting public health and the environment," Andrew Rosenberg of the Union of Concerned Scientists, a national science advocacy group, wrote in an email after the final rule was announced. "The damage will fall hardest on Black, Latinx and Indigenous communities who already bear disproportionate harms from environmental hazards in the air, water and soil."

The Biden administration could remove or rewrite the rule, but it would take months, if not years. Because the rule gives the EPA administrator the power to override the limits on which scientific studies EPA regulators can use, the incoming administration could essentially sidestep the rule while it works to undo it.

Colby Cosh: Remembering the Beirut blast, and other entirely preventable disasters


Here’s an example of the time-bending from which we all suffer thanks to the reality distortion virus. Remember that huge accidental explosion that killed 204 people and levelled much of Beirut? When I was reminded of it by a headline the other day, I tried to think back to when this horrifying event — reminiscent, to Canadians, of the great Halifax explosion of 1917 — had happened.

© Provided by National Post Diggers remove earth at the blast site next to the silos at the port of Beirut on Aug. 16, 2020, in the aftermath of the massive explosion there that ravaged Lebanon's capital.

I was pretty sure it was in calendar 2020, but felt it had to be quite early in the year, perhaps January or February. This was after adjusting for my badly damaged brain calendar, because the explosion actually seems to have taken place two or three years ago. Actual date: Aug. 4, 2020.

The blast turned out to involve no great mystery once the various threads of causality were given a tug. Man-made accidents generally involve a long chain of routine occupational screw-ups; each will normally be the sort that happens often, especially in an environment of corruption and institutional somnolence, and which only become enormously dangerous when they form an unhappy statistical series, like a long roll of ones in a dice game.

But Beirut’s position near the world’s aorta of trade — the reason there is a beautiful, cosmopolitan city there that, for all its bullet holes and political turbulence, represents the essence of civilization — loaded all of the dice a little bit, in a way that would be comic if not so tragic.

Just count the number of countries that appear in the sequence leading to the accident. The arrow to the heart of Beirut turns out to have been the cargo ship MV Rhosus, in transit from Georgia (the Caucasian country, not the state) to a mine in Mozambique. The Rhosus was owned by a Panamanian shell company, flew the flag of Moldova and was reportedly owned by a Cypriot who had friends in Hezbollah.

The ship had mechanical troubles in the Mediterranean and pulled into Beirut for repairs. Facing high tolls at Suez (put a check mark next to Egypt), the captain tried to take on a load of machinery that damaged the cargo bay doors. An inspection showed the vessel to be unseaworthy. As fees ran up, the port seized the ship. Its main cargo, unfortunately, was 2,750 tonnes of ammonium nitrate.

All of this happened in 2014; the nitrate was offloaded and stored in the port’s Warehouse 12, a sort of oubliette for dangerous and confiscated cargo. The ship was damaged beyond repair, and not long after the explosion, the New York Times executed a small digital news coup by going back over satellite photos and discovering that the Rhosus had been allowed to sink in its emergency berth in early 2018. The hull is still underwater there, in a location that happens not to obstruct port traffic.

Lebanese customs officials, to their credit, absolutely did not forget the frightening presence of a vast quantity of the stuff that Timothy McVeigh had used to blow up the Alfred W. Murrah Federal Building in Oklahoma City in 1995. Between the summer of 2014 and 2017, border agents sent a long series of unanswered letters to the judges who had confiscated the cargo. They begged to be allowed to sell the ammonium nitrate or give it to the Lebanese army.

Instead, it sat there until some doomed welders inadvertently started a fire in Warehouse 12 on that fatal day, which is one of the many things in this chain of events that ought to be impossible in a well-managed port facility. Another is that 10 firefighters were sent speeding to the scene, not knowing the contents of the warehouse. On arrival, they reported that the fire was making a “crazy,” unfamiliar sound. All were obliterated.

The standing of the Beirut event amongst the world’s largest accidental explosions has turned out to be more or less exactly what guesswork suggested in the hours following the spread of the news. The explosion, considered to be the equivalent of about a kiloton of TNT going off, was at most about one-third the strength of the 1917 Halifax blast. Halifax remains the unchallenged titleholder.

But like most of the very greatest accidental explosions in history, the Halifax disaster was an incident of war essentially involving a premature detonation of ammunition. Among purely industrial accidents, the greatest ever in terms of pure energy release remains the BASF Oppau explosion of 1921 in Ludwigshafen, Germany, which killed 560 people.

Oppau happened because BASF was storing ammonium nitrate in loose form and using dynamite to break up the pile when an order came in. The crater remains as a reminder that German engineering has not always lived up to its reputation.

Beirut does not come to the level of Oppau, but is on par with the Texas City, Tex., disaster of 1947, when cargo closely matching the contents of Warehouse 12 caught fire aboard the ship SS Grandcamp and annihilated a dockside factory town.

We may never abolish war, and ammonium nitrate will always remain available (in tightly limited amounts) at every big feed store and garden centre in the universe, but we can hope the Beirut tragedy is the last of its kind.

National Post

Twitter.com/colbycosh
UPDATED
Trump administration condemned over Lisa Montgomery execution

Administration accused of ‘unnecessary and vicious use of authoritarian power’

Lisa Montgomery was executed by lethal injection in Indiana. Photograph: Reuters

Luke Harding and agencies
Wed 13 Jan 2021 

A lawyer has accused the Trump administration of “unnecessary and vicious use of authoritarian power” after a woman on death row was executed early on Wednesday, the first federal execution of a woman in almost seven decades.

Lisa Montgomery, 52, was pronounced dead at 1.31am on Wednesday after receiving a lethal injection. She died at the federal prison complex in Terre Haute, Indiana, after the US supreme court lifted a stay of execution and rejected a request from her legal team for delay.

HER DEATH MASK SHOULD HANG ABOVE THEIR HEADS

Montgomery was the 11th prisoner to be killed by lethal injection since Donald Trump resumed federal executions last July after a 17-year hiatus. The president is an ardent supporter of capital punishment.

Kelly Henry, Montgomery’s longtime attorney, denounced the move. “The craven bloodlust of a failed administration was on full display tonight,” Henry said in a statement posted on Twitter. “Everyone who participated in the execution of Lisa Montgomery should feel shame.”

She added: “The government stopped at nothing in its zeal to kill this damaged and delusional woman. Lisa Montgomery’s execution was far from justice. We should recognise [it] for what it was: the vicious, illegal and unnecessary use of authoritarian power. We cannot let this happen again.”

It came after hours of legal wrangling before the supreme court cleared the way for the execution to go ahead. Montgomery was the first of the final three federal inmates scheduled to die before next week’s inauguration of Joe Biden as president, who is expected to discontinue federal executions.

‘A lifetime of torture’: the story of the woman Trump is rushing to execute
Read more


On Tuesday a federal judge for the District of Columbia halted the scheduled executions later this week of Corey Johnson and Dustin Higgs. Johnson, convicted of killing seven people related to his drug trafficking in Virginia, and Higgs, convicted of ordering the murders of three women in Maryland, both tested positive for Covid-19 last month.

In 2004 Montgomery killed 23-year-old Bobbie Jo Stinnett in the north-west Missouri town of Skidmore. She used a rope to strangle Stinnett, who was eight months pregnant, and then cut the baby girl from the womb with a kitchen knife. Montgomery took the child with her and attempted to pass the girl off as her own.

The girl survived. Brought up by her father, she turned 16 last month on the anniversary of her mother’s death. The New York Times quoted some of those close to her as saying that Montgomery’s death was a just conclusion to the case. The crime haunted the Missouri community for years, it added.

Montgomery was originally due to be executed last month. A judge delayed it after two of her lawyers contracted coronavirus. Her attorneys argued that she suffered from mental illness, neurological impairment and complex trauma. On Monday a federal judge in Indiana stayed her execution so the court could establish her competency.

On Tuesday, however, an appeals court panel overruled this stay, saying it could have been brought earlier. Two further courts – in the district of Columbia and the eighth circuit court – issued their own separate stays. But the US supreme court ruled on Tuesday that the execution could proceed, as it has done in all previous Trump-era executions.

Montgomery was taken from a Texas prison to the Terre Haute facility, fully shackled. She was kept in a cell in the complex. In the moments before her death a female prison guard removed Montgomery’s face mask and asked her if she had any last words. She reportedly replied “no”. “I don’t believe she has any rational comprehension of what’s going on at all,” Henry said.

Montgomery’s legal team says she was subjected to “sexual torture”, including gang rapes, as a child, permanently scarring her emotionally and exacerbating mental health issues that ran in her family.

At trial, prosecutors accused Montgomery of faking mental illness, noting that her killing of Stinnett was premeditated and included meticulous planning, including online research on how to perform a C-section.

Henry said extensive testing and brain scans supported the diagnosis of mental illness. “You can’t fake brain scans that show the brain damage,” she said.

Henry said the issue at the core of the legal arguments was not whether she knew the killing was wrong in 2004 but whether she fully grasped why she was slated to be executed now.

In his ruling on a stay, the US district judge James Patrick Hanlon in Terre Haute cited defence experts who said Montgomery suffered from depression, borderline personality disorder and post-traumatic stress disorder.

He said Montgomery also suffered around the time of the killing from an extremely rare condition called pseudocyesis, in which a woman’s false belief she is pregnant triggers hormonal and physical changes as if she were actually pregnant.

Montgomery also experienced delusions and hallucinations, believing God spoke with her through connect-the-dot puzzles, the judge said, citing expert witnesses.

“The record before the court contains ample evidence that Ms Montgomery’s current mental state is so divorced from reality that she cannot rationally understand the government’s rationale for her execution,” the judge said.



Lisa Montgomery Is The First Woman Executed By The Federal Government In Almost 70 Years

Update (January 13, 9:30 a.m.): Lisa Montgomery, 52, was executed early Wednesday morning by lethal injection at the Federal Correctional Complex in Terre Haute, Indiana. She is the first woman to be executed by the federal government since 1953. Her execution commenced after the Supreme Court denied a competency hearing that suggested Montgomery should have never been eligible for the death penalty. The federal government plans to execute two more people this week: Corey Johnson on Thursday and Dustin Higgs on Friday

.
© Provided by Refinery29 Mandatory Credit: Photo by Michael Conroy/AP/Shutterstock (10712579d) Protesters against the death penalty gather in Terre Haute, Ind., . Wesley Ira Purkey, convicted of a gruesome 1998 kidnapping and killing, is scheduled to be executed Wednesday evening at the federal prison in Terre Haute Federal Executions, Terre Haute, United States – 15 Jul 2020

Update (January 12, 4:45 p.m.): On Tuesday afternoon, the Supreme Court and the U.S. Court of Appeals for the Seventh Circuit denied Lisa Montgomery’s execution stay. She is scheduled to die tonight, less than a day after a federal judge in Indiana granted her stay for mental health reasons.

Update (January 12, 9 a.m.): Lisa Montgomery, who was scheduled to be executed today at the United States Penitentiary in Terre Haute, Indiana, filed a petition against her execution. Her motion to stay has officially been granted, and the execution will not proceed. However, President Trump has three more executions scheduled for this week at Terre Haute. Many continue to plea with Attorney General Rosen to stop all remaining executions this week.

This story was originally published on December 22, 2020.

Next month, Lisa Montgomery is scheduled to be killed by the United States government. After 17 years of no federal executions, the U.S. has recently started carrying them out again — with Brandon Bernard being killed this past month. Montgomery is the only woman on federal death row, and one of only 51 women on death rows across the country. If she is killed, she will be the first woman executed by the federal government since 1953.

But, President Donald Trump has decided to go on something of a killing spree before he leaves office, and chose to move ahead with six executions in his lame-duck period, including Bernard’s. Montgomery has been sentenced to die by lethal injection on January 12, 2021 for the 2004 murder of Bobbie Jo Stinnett, a pregnant woman whom Montgomery strangled, before cutting open her stomach and kidnapping the baby within. The child survived and was found when Montgomery was arrested.

Make no mistake: Montgomery is guilty of this horrific crime. But she was also the victim of horrific crimes herself; and moreover, as the New York Times reports in a recent piece on her: “She was sentenced to death because her trial lawyers, uninformed about gender violence, didn’t seem to understand how to defend her.”

From infancy and through adolescence, Montgomery endured horrific domestic abuse from her mother and sexual assault at the hands of her stepfather in addition to other forms of abuse, including forced prostitution. Addled with trauma, Montgomery developed, the Times reports, “bipolar disorder, temporal lobe epilepsy, complex post-traumatic stress disorder (c-PTSD), dissociative disorder, psychosis, traumatic brain injury, and likely fetal alcohol syndrome.” She was also “born into a family rife with mental illness, including schizophrenia, bipolar disorder and depression.”

These extenuating circumstances could and should have been used by her attorneys to demonstrate that, no matter the severity of her crimes, Montgomery should not be given the death penalty. But, during her jury in her 2007 trial, her attorneys — all men — didn’t give the jury insight into this. They also, the Times says, “suggested that her… half brother Tommy Kleiner was the actual killer, despite having his own probation officer as his alibi.” Because they failed to defend her properly, Montgomery was sentenced to death. 

Recently, Montgomery’s 57-year-old half-sister Diane Mattingly opened up to ELLE about why her sister should not be executed. “Didn’t the jury understand that she is ill? It’s hard to keep track of all the times she has been let down by people she’s supposed to trust. Her mom and her dad. Her school teachers. The police. Social Services. Me. Now her government was failing her, too,” says Mattingly. “My heart goes out to the family of Bobbie Jo, of course it does, but we need to break the chain of evil actions.” 

At the root of the issue is the fact that Montgomery lived in precarious, untenable circumstances exacerbated if not caused by extreme poverty. She is not alone in this. According to the census, 34 million people in the U.S. were living in poverty in 2019. Research has shown that poverty makes people more susceptible to mental illness, and puts them more at risk of being incarcerated, among other things. According to the Substance Abuse and Mental Health Services Administration, “Poverty may intensify the experience of mental illness. Poverty may also increase the likelihood of the onset of mental illness. At the same time, experiencing mental illness may also increase the chances of living below the poverty line.” Reflecting on Montgomery’s circumstances is not an attempt to excuse her, but to understand her, and hopefully prevent other people in similar environments from going down the same path.

Her post-trial lawyers, Kelley Henry, Amy Harwell, and Lisa Nouri, are trying to contextualize Montgomery’s actions, and have her sentence commuted. They have waged a petition claiming that Montgomery’s trial “fell far short of minimum standards of fairness” and therefore violated international law. They’ve also argued that the government itself must take accountability and bears culpability for her crime. After all, it failed to protect Montogmery from torture throughout her life. Her lawyers are now attempting to stay her execution and free her. In addition to her lawyers’ petition, thousands of supporters have written their own letters and petitions demanding this execution be stopped. 

While the death penalty should be abolished in general, and no one should be killed by the government, no matter how heinous their crime, there are many aspects of Montgomery’s case, specifically, that make it clear that, though she is responsible for her actions, she is not the only one responsible for them. By allowing people to live in poverty, letting hundreds of thousands of people experience houselessness each year, and refusing to provide vital resources to communities in need, the U.S. government essentially condemns poor people to death by default. In the same way that the government shouldn’t have the power to execute anyone, it also shouldn’t have the power to leave its people in abject poverty, making them more vulnerable to abuse and harm. 

Fighting the death penalty and attempting to abolish it is, of course, a worthwhile endeavor. But we must also hold the government culpable for the abhorrent situations that are at the root of it all. Even more vulnerable than Montgomery are the millions of Black people and people of color who have been incarcerated, and all of the Black people and people of color who are on death row, many of them also victims of poverty and systemic abuse. This is a country where simply being poor is a crime.

One of the only ways to fix this is by preventing people from living in poverty in the first place, and providing real material resources, money, and social services to those who have suffered from its effect. But while those foundational changes are being fought for on a larger scale, injustices will continue on in other ways. It might be too late to save Montgomery — her life hinges on Trump’s discretion. But it’s not too late to prevent others from suffering similar fates.

BILL BARR WITCHFINDER GENERAL
Dustin Higgs becomes 13th and final federal prisoner executed under Trump

Higgs, 48, executed on Friday in Indiana

TRUMP HUMAN SACRIFICES, LIKE THE CAPITOL RIOT DEATHS AND THOSE OF HIS COVID VICTIMS

The United States penitentiary and federal correctional complex in Terre Haute, Indiana. Trump ended a 17-year hiatus on the federal death penalty in July. Photograph: Bryan Woolston/Reuters


Associated Press in Washington
Sat 16 Jan 2021

The 13th and last execution of a federal inmate under Donald Trump’s presidency has taken place in Terre Haute, Indiana.


US executes Corey Johnson for 1992 Virginia murders
Read more


Dustin Higgs, 48, had been sentenced to death for the killings of three women in a Maryland wildlife refuge. His lawyers argued it was “arbitrary and inequitable” to execute him while Willis Haynes, the man who shot the women in 1996, was spared a death sentence.

The federal judge who presided over Higgs’s trial said he “merits little compassion”.

“He received a fair trial and was convicted and sentenced to death by a unanimous jury for a despicable crime,” US District Judge Peter Messitte wrote on 29 December.

Trump ended a 17-year hiatus on the federal death penalty in July.


Shawn Nolan, one of Higgs’s attorneys, saw a clear political agenda in the unprecedented string of federal executions. Higgs was executed a few days before Joe Biden becomes president. A spokesman for Biden has said the Democrat is against the death penalty and will work to end its use.

“In the midst of the pandemic and everything that’s going on right now in the country, it seems just insane to move forward with these executions,” Nolan said. “And particularly for Dustin, who didn’t shoot anybody. He didn’t kill anybody.”

Defense attorneys had won temporary stays of execution for Higgs and another inmate, Corey Johnson, after arguing recent Covid-19 infections put them at greater risk of unnecessary suffering during lethal injections. But higher courts overruled those decisions. Johnson was killed on Thursday night.

Higgs’s petition for clemency says he has been a model prisoner and dedicated father to a son born after his arrest. Higgs had a traumatic childhood and lost his mother to cancer when he was 10, the petition says.

“Mr Higgs’s difficult upbringing was not meaningfully presented to the jury at trial,“ his attorneys wrote.

In October 2000 a federal jury in Maryland convicted Higgs of first-degree murder and kidnapping in the killings of Tamika Black, 19; Mishann Chinn, 23; and Tanji Jackson, 21. His death sentence was the first imposed in the modern era of the federal system in Maryland, which abolished the death penalty in 2013.

Higgs was 23 on the evening of 26 January 1996 when he, Haynes and a third man, Victor Gloria, picked up the three women in Washington DC and drove them to Higgs’s apartment in Laurel, Maryland, to drink alcohol and listen to music. Before dawn an argument between Higgs and Jackson prompted her to grab a knife before Haynes persuaded her to drop it.

Gloria said Jackson made threats as she left the apartment with the other women and appeared to write down the number of Higgs’s van. The men chased the women in the van and Haynes persuaded them to get in. Higgs drove them to a secluded spot in the Patuxent national wildlife refuge, federal land in Laurel.

“Aware at that point that something was amiss, one of the women asked if they were going to have to ‘walk from here’ and Higgs responded ’something like that’,” said an appeals court ruling upholding Higgs’s death sentence.

Higgs handed his pistol to Haynes, who shot all three women, Gloria testified.

“Gloria turned to ask Higgs what he was doing, but saw Higgs holding the steering wheel and watching the shootings from the rearview mirror,” said the 2013 ruling by a three-judge panel of the 4th US circuit court of appeals.

Chinn worked with the children’s choir at a church, Jackson worked in the office at a high school and Black was a teacher’s aide at National Presbyterian school in Washington, according to the Washington Post.

Investigators found Jackson’s day planner at the scene. It contained Higgs’s nickname, “Bones”, his telephone number, his address and the tag number for his van.

The jurors who convicted Haynes failed to reach a unanimous verdict on a death sentence. A different jury convicted Higgs and returned a death sentence. Gloria pleaded guilty to being an accessory after the fact and was sentenced to seven years.


Trump administration condemned over Lisa Montgomery execution
Read more


Higgs argued his death sentence should be thrown out because jurors failed to consider it as a “mitigating factor” that Haynes was convicted of identical charges but sentenced to life. The appeals court concluded that rational jurors could find that Higgs had the dominant role in the murders even though Haynes fired the gun.

In a clemency petition Higgs’s lawyers said Gloria received a “substantial deal” in exchange for his cooperation

“Moreover,” they wrote, “significant questions remain as to whether Mr Gloria received the additional undisclosed benefit of having an unrelated state murder investigation against him dropped at the urging of federal officers to protect his credibility as the star witness. A federal death verdict should not rest on such a flimsy basis.”

On the day in 2001 when the judge sentenced Higgs to death, Black’s mother, Joyce Gaston, said it brought her little solace, the Post reported. “It’s not going to ever be right in my mind,” Gaston said, “That was my daughter. I don’t know how I’m going to deal with it.”
HUMAN SACRIFICE BY THE TRUMP CULT
Tallying the Trump DOJ's final body count

Last year was, in so many ways, a deadly one. After a nearly two-decade hiatus, the machinery of the federal death penalty groaned back to life in July. As the Covid-19 pandemic hit its summer peak, overwhelming hospitals and killing hundreds every day, the federal government executed Daniel Lewis Lee. Then Wesley Purkey. Then Dustin Honken. Lezmond Mitchell. Keith Nelson. William LeCroy. Christopher Vialva. Orlando Hall. Brandon Bernard. Alfred Bourgeois. Lisa Montgomery. Thursday night, Corey Johnson was executed after the Supreme Court denied his motion for a stay. Dustin Higgs was scheduled to be executed Friday — what would have been Martin Luther King Jr.’s 92nd birthday (he ultimately died early Saturday morning.)
© Provided by NBC News

The Supreme Court of the United States has ruled that for the death penalty to be considered constitutional, it cannot be cruel and unusual, and it cannot be arbitrarily applied. In 2002, the court ruled that executing people with intellectual disabilities was unconstitutional. Yet these protections, as history bears out, exist in name only. When we look at who the government chooses to execute, it isn’t playing by the rules.

And yet, despite the headline-grabbing bloodlust of the Trump administration, 2020 followed the pattern set in place over the last decade. Even with the federal killing spree, both executions and new death sentences fell to historic lows. A Gallup poll found that public support for the death penalty is at a near half-century low, with opposition at its highest level since the 1960s.

Like the criminal legal system writ large, the death penalty is fueled by racism. By classism. By ableism. Executions are cloaked in secrecy. When the Trump administration resumed killing by lethal injection last July, it represented the culmination of a clandestine, three-year effort to manufacture and test the lethal-injection drugs in total secrecy. In its rush to kill, the administration executed Daniel Lee in the middle of the night, after he spent four hours strapped to the gurney. The administration executed Wesley Purkey while he still had an appeal pending, without notifying his legal team.


Alfred Bourgeois and Brandon Bernard: Two Black inmates put to death under Trump administration

In an attempt to make the process even more opaque than it already was, Trump administration officials have hired private executioners and paid them in cash.


But years of attempted reforms have shown us that the solution is not more transparency. The solution is not better lawyers or more relaxed timelines. The solution is painfully, achingly clear: President-elect Joe Biden must abolish the federal death penalty, once and for all.

A common thread runs through the lives of the people the government chooses to kill. The people we execute in this country — while many have done great harm — are also among the most vulnerable. All but one person executed last year had evidence of one or more of the following: serious mental illness; brain injury, developmental brain damage or an IQ in the intellectually disabled range; chronic serious childhood trauma, neglect and/or abuse. Three were teenagers at the time of their offenses. With Higgs’ death, more than half of the people executed by the Trump administration have been people of color.

Thursday night, Corey Johnson was killed by lethal injection. Johnson faced endless hurdles in his efforts to try to present evidence proving he is a person with an intellectual disability who cannot, constitutionally, be executed. Like so many others on death row, Johnson’s childhood was reportedly rife with neglect and abuse, both physical and psychological. According to his attorneys, he lived in 12 different homes before he was 13 years old, at which point he was sent to a residential facility for children with intellectual and emotional disabilities. He struggled to learn tasks like tying his shoes. His execution — like any execution — was a travesty.

Lisa Montgomery was executed in the early hours of Wednesday morning, despite suffering from brain damage from her mother’s drinking during pregnancy, multiple head injuries and the neurobiological impact of the severe torture that she experienced over her lifetime. As a young teenager, Montgomery’s lawyers say she endured unimaginable trauma at the hands of her stepfather, who frequently slammed her head into a concrete floor while raping her. Scientific imaging shows that her brain was both structurally and functionally damaged. Her execution — like any execution — was a travesty.

As organizer and attorney Talila Lewis reminded us in the Medium publication Level,“Disabled/neurodivergent people comprise just 26% of the united states population — but represent up to half of the people killed by police, over 50% of the incarcerated adult prison population, up to 85% of the incarcerated youth population, and a significant number of those incarcerated in medicalized carceral spaces.”

The death penalty is no exception.

Indeed, as long as the death penalty remains in existence, it will continue to serve as a funhouse mirror, distorting and warping our understanding of justice and mercy and of the narratives we like to tell ourselves about who we are as a country. Life without the possibility of parole — or death by incarceration — is also a travesty, yet the mere continued existence of the death penalty makes that cruelty seem like grace.

History has proven, time and again, that there is simply no way to fairly and justly administer death — the very premise of “fairly” administering state death is ludicrous. Nothing short of the full commutation of every person who remains on federal death row will prevent future bloodshed, and that is what Biden can — and must — do.

Footprints of crocodile-like prehistoric reptile found in Italian Alps

Fossilised track dates back to period immediately following mass extinction 252m years ago

The reptile was hypothetically similar to a four-metre long crocodile. 
Photograph: Trento Science Museum (MUSE).

Angela Giuffrida in Rome
Fri 15 Jan 2021 THE GUARDIAN

Footprints believed to have belonged to a crocodile-like prehistoric reptile have been found in the Italian Alps in an extraordinary discovery that scientists say proves there were survivors of a mass extinction 252m years ago.

The well-preserved fossilised track, made up of about 10 footprints, was found at an altitude of 2,200-metres in Altopiano della Gardetta, in the province of Cuneo in the western Alps.

The traces of front and rear claws, about 30cm in length, date back to about 250m years ago, after the area was rendered inhospitable by the mass extinction at the end of Permian geological period.

A team of palaeontologists and geologists at the Trento Science Museum (Muse), Zurich University’s Palaeontology Museum and the universities of Turin, Rome La Sapienza and Genoa were behind the discovery. Their study was published in Peer J, the biological, medical and environmental sciences journal.

From the size of the prints and distance between each one, the scientists concluded that they probably belonged to a reptile similar to a crocodile, at least 4 metre long, that had been walking along an ancient coastline near a river delta.

The first footprints were found in rocks in the area in 2008, with the scientists continuing their exploration over the following years until they had the complete set of prints needed to identify the animal.
Prints in the rocks in the Altopiano della Gardetta in the Italian western Alps. 
Photograph: Trento Science Museum (MUSE).

“The fossil footprints were found in a kind of very wet sediment in which they could be preserved,” said Massimo Bernardi, a palaeontologist at Muse.

“You wouldn’t be surprised to find a trackway in the history of life, even if it is deep into the past. What is exceptional is the period in which the crocodile was walking in this place, because it was right after the mother of all mass extinctions.”

The extinction was provoked by a sudden rise in temperature, similar to what is happening to the planet today. It was previously believed that the area, which was in the equatorial belt, had become so inhospitable that the animals that survived must have migrated to other latitudes.

“A 4-metre large reptile gives proof that the whole ecosystem in one way or another was surviving because it couldn’t survive alone,” added Bernardi. “It wasn’t just walking around in the desert – it needed prey, and this prey needed plants, etc.”

Scientists can also use the variables to understand what the effects of the current climate crisis may be, Bernardi said.

“We are in a time of rapid climate change – of global warming, the aridisation of the equatorial belt and so on. And the fact we get surprised after finding evidence that someone survived, I think underlines how dramatic the impact of climate change is.”

The true story behind the viral TikTok sea shanty hit

Rediscovered song, which has a ‘cheerful energy’, was likely written by a teenage sailor or shore whaler in New Zealand in the 1830s

Sea shanty TikTok has gone viral because young people in Covid lockdown are in a similar situation to 19th century whalers,
 says John Archer
Photograph: Bildagentur-online/Universal Images Group via Getty Images

Elle Hunt in Whangārei
Fri 15 Jan 2021 06.29 GMT

Even from “the back of nowhere, far from any city” – not to mention the sea – John Archer caught wind of the sea shanty revival before anyone else.

From his home in landlocked Ōhakune, Archer had noticed a sharp uptick in visitors to the New Zealand Folk Song website he set up in 1998. One 19th-century seafaring epic was of particular interest: Soon May The Wellerman Come.

Views of Archer’s highly-detailed, lovingly-compiled entry for the shanty unexpectedly spiked in late September, with most coming from the US. “I thought, ‘that’s strange’,” says Archer, a former schoolteacher who first set up NZ Folk Song as a teaching resource. “I knew nothing about TikTok.”

From “no visits at all” for most of last year, Archer’s Wellerman writeup has now drawn nearly 10,000 views in seven days, driven by the sudden resurgence of sea shanties on TikTok – widely reported on this week with a tone of faint surprise.


Not just for drunken sailors: how sea shanties took over TikTok
Read more


Nathan Evans, a 26-year-old postman and aspiring musician from outside Glasgow, is credited with having started the “ShantyTok” trend with his rousing rendition of Wellerman, posted in late December.

In the US and UK, Wellerman’s surprise popularity is being held up as evidence of the mental toll of months-long lockdown – but the shanty itself originates from the Antipodes, and tells of a pivotal point in Australia and New Zealand’s history.

A “Wellerman” was an employee of the Sydney-based Weller Brothers’ shipping company, which from 1833 was the major supplier of provisions – such as the “sugar and tea and rum” of the shanty’s refrain – to whaling stations on New Zealand shores.



The whalers’ wistful eye on a future date “when the tonguin’ is done/We’ll take our leave and go” refers to the practice of stripping blubber from beached whales.

The brothers Joseph Brooks, George and Edward Weller emigrated from Folkestone, Kent, to Sydney in 1823 and within 10 years had established themselves as the region’s preeminent merchant traders.

At the time, whaling was a prime export industry of New South Wales while, in New Zealand, the Wellers’ whaling station base at Ōtākou on the Otago Peninsula was the first enduring European settlement of what is now Dunedin city. (Their ship, the Lucy Ann, also went on to be crewed by one Herman Melville.)

But by 1841 the Wellers’ business had collapsed. As Ronald Jones writes in Te Ara national encyclopaedia, that period of seafaring industry “slipped unobtrusively out of the pages of New Zealand history” – preserved only through song.



Wellerman’s six verses tell the epic tale of a ship, the Billy of Tea, and its crew’s battle – “for 40 days, or even more” – to land a defiant whale. With the struggle ongoing at the shanty’s end, “the Wellerman makes his regular call, to encourage the Captain, crew and all”.

Archer suggests that it is the shanty’s “cheerful energy and hopeful outlook” – in contrast to other more “dreary” whaling songs – that has led to Wellerman’s rediscovery on social media.

“My guess is that the Covid lockdowns have put millions of young [people] into a similar situation that young whalers were in 200 years ago: confined for the foreseeable future, often far from home, running out of necessities, always in risk of sudden death, and spending long hours with no communal activities to cheer them up.”

Its embrace by TikTok is an unexpected 21st-century twist in a folkloric tradition that can be traced through New Zealand’s past.

Neil Colquhoun – a New Zealand folk music pioneer, who died in 2014 – first documented Wellerman in 1966, from a man then in his 80s who said he had been taught it by his uncle. Researching that link led Archer to shanties published in The Bulletin paper in Sydney in 1904.

His Google “guesswork” suggests Wellerman’s composer was a teenage sailor or shore whaler around New Zealand in the late 1830s, who penned the ditty on settling in Australia then passed it down within his family around the turn of the century.

From there, the shanty is believed to have spread around the world by its inclusion in Colquhoun’s book Songs of a Young Country, published in England in 1972. “I was singing it with others in folk clubs 40 years ago,” says Archer.

And now Wellerman is being circulated further by Spotify by way of its new “sea shanty season” playlist, celebrating “centuries-old songs gone viral”. That recording, by Bristol group The Longest Johns, is showing 8.5m recent plays.

The rising tide of ShantyTok has reached New Zealand shores, too. The Wellington Sea Shanty Society recorded Soon May The Wellerman Come on their 2013 album, Now That’s What I Call Sea Shanties Vol 1, and again in 2018. It is now receiving 30,000 streams a day on Spotify.

Guitarist and vocalist Lake Davineer says it has long been a floor-filler – second only to Drunken Sailor – at their shows. “Before all this happened, it was still the big banger that ended our set… It’s just a great tune.”

But, Davineer adds, their Wellerman is “more of a party version” than the traditional styles favoured by TikTok. “We do a big psychedelic intro.”

The Wellerman by Croche Dedans and the Wellington Sea Shanty Society



A CANADIAN MODERN SEA SHANTY