Wednesday, December 01, 2021

POSTMODERN ROBBER BARON
Elon Musk: SpaceX faces possible bankruptcy because of engine woes
SpaceX founder Elon Musk is shown on stage in Austin, Texas, on October 8. He said last week the company is facing bankruptcy because of woes with its Raptor engine. 
File Photo courtesy of Tesla/UPI

Nov. 30 (UPI) -- SpaceX founder Elon Musk told his employees the space company faces a "genuine risk of bankruptcy" because of its struggles in developing its engine for its Starship flights.

In an email obtained by the website Space Explored, Musk called the company's struggle with its Raptor engine production at its base in Boca Chica, Texas, a "crisis." The Starship is a hulking space vehicle created to deliver goods and people to the moon and eventually Mars.

"What it comes down to, is that we face a genuine risk of bankruptcy if we can't achieve a Starship flight rate of at least once every two weeks next year," Musk said in the email.

Musk canceled a scheduled break he planned to take during Thanksgiving to address the Raptor engine issue.

"Unfortunately, the Raptor production crisis is much worse than it had seemed a few weeks ago," Musk said. "As we have dug into the issues following the exiting of prior senior management, they have unfortunately turned out to be far more severe than was reported. There is no way to sugarcoat this."

Last week, SpaceX's vice president of propulsion Will Hetsley left the company after he was removed from the Raptor engine project for lack of progress, CNBC reported. Musk recently said that a "complete design overall" of the engine was necessary."

On Nov. 17, Musk said he hoped SpaceX would conduct its first orbital flight of the Starship in January or February, pending regulatory approval by the Federal Aviation Administration as well as ironing out technical issues.

SpaceX has a lot riding on the line with the engines. It recently beat out Jeff Bezos' Blue Origin for a $2.9 billion NASA contract and has a valuation of more than $100 billion while employing 7,000 people.
Saudis used ‘incentives and threats’ to shut down UN investigation in Yemen

Saudi Arabia used “incentives and threats” as part of a lobbying campaign to shut down a UN investigation of human right violations committed by all sides in the Yemen conflict, according to sources with close knowledge of the matter.

© Provided by The Guardian Photograph: Yahya Arhab/EPA
 A Yemeni passes portraits of slain Houthi fighters before being placed on their graves at a cemetery on 29 November.

Stephanie Kirchgaessner in Washington 

The Saudi effort ultimately succeeded when the UN human rights council (HRC) voted in October against extending the independent war crimes investigation. The vote marked the first defeat of a resolution in the Geneva body’s 15-year history.

Speaking to the Guardian, political officials and diplomatic and activist sources with inside knowledge of the lobbying push described a stealth campaign in which the Saudis appear to have influenced officials in order to guarantee defeat of the measure.

Related: ‘We have failed Yemen’: UN human rights council ends war crime probe

In one case, Riyadh is alleged to have warned Indonesia – the most populous Muslim country in the world – that it would create obstacles for Indonesians to travel to Mecca if officials did not vote against the 7 October resolution.

In another case, the African nation of Togo announced at the time of the vote that it would open a new embassy in Riyadh, and receive financial support from the kingdom to support anti-terrorism activities.

Both Indonesia and Togo had abstained from the Yemen resolution in 2020. This year, both voted against the measure.

The resolution was defeated by a simple majority of 21-18, with seven countries abstaining. In 2020, the resolution passed by a vote of 22-12, with 12 members abstaining.

“That kind of swing – from 12 no’s to 21 – does not just happen,” said one official.

John Fisher, the Geneva director of Human Rights Watch, said: “It was a very tight vote. We understand that Saudi Arabia and their coalition allies and Yemen were working at a high level for some time to persuade states in capitals through a mixture of threats and incentives, to back their bids to terminate the mandate of this international monitoring mechanism.”

He added: “The loss of the mandate is a huge blow for accountability in Yemen and for the credibility of the human rights council as a whole. For a mandate to have been defeated by a party to the conflict for no reason other than to evade scrutiny for international crimes is a travesty.”

Representatives from the Indonesian and Saudi embassies in Washington and the foreign ministry in Togo did not respond to a request for comment.

The HRC first voted to establish a team of experts who would investigate possible violations of humanitarian law and human rights in Yemen in 2017.

Yemen’s civil war had intensified in 2015 after a coalition led by Saudi Arabia, using weapons procured in the US and UK, intervened on behalf of the internationally recognised Yemeni government against Houthi rebels. More than 100,000 people have been killed in the conflict and 4 million have been displaced, activist groups say.

Saudi Arabia, which is not a voting member of the UN human rights council, initially supported the effort.

Related: ‘The Saudis couldn’t do it without us’: the UK’s true role in Yemen’s deadly war

The experts – known as the Group of Eminent Experts on Yemen (GEE) – were never granted permission to travel to Yemen, but their reports grew more “damning” over the years, one person who closely followed the matter said.

In 2020, the GEE recommended for the first time that the international community focus their attention on accountability for potential war crimes. They included five recommendations, including that the matter be referred to the prosecutor of the international criminal court by the UN security council.

One person who followed the matter said: “I think that must have been the trigger moment when the Saudi coalition realised this is really going too far.”

Nations that supported the measure, which was led by the Netherlands, were apparently caught off guard by the Saudis’ aggressive tactics.

During the negotiations, none of the countries that would later change votes from abstaining to “no” raised objections to the resolution, which differed from the 2020 version in only one substantive way: it sought to extend the mandate to two years instead of one.

Sources said it was not until about a week before vote that “alarm bells” began to ring for proponents of the measure. when they grasped that the Saudi campaign “was very different from previous years” – in part because Saudi had engaged with policy makers in individual capitals around the world.

“You could see the whole thing shift, and that was a shock,” said one person familiar with the matter. Usually, voting positions are known days before a vote is taken. But in October, member countries resisted sharing what their final position would be, which proponents saw as a worrying sign that some countries were under intense pressure.

Supporters of the resolution decided to proceed with the vote, even though its outcome was uncertain.

“For the Saudis to win this battle at the expense of the Yemeni people is terrible. But it’s also a textbook case for other countries like the Russia and China to torpedo any other investigation. It really shook everyone to the core. The scrutiny should be on those members of the council that couldn’t withstand the pressure,” said one person close to the matter.

Members of the HRC serve for a period of three years. Of the countries that served both in 2020 and 2021, four changed their votes from abstention to “no” on the Yemen resolution: Indonesia, Bangladesh, Senegal and Togo.

The vote came when the foreign minister of Togo was on an official visit to Saudi Arabia, and coincided with the announcement of the new embassy in Riyadh.Togo also announced that it would be receiving counter-terrorism funding from the Saudi-based International Center for the Fight against Extremist Ideology.

In the case of Indonesia, it is understood that a Saudi Arabia communicated that Indonesian Covid vaccination certificates might not be recognised for Indonesians traveling to Mecca if the country did not reject the measure. One observer said the alleged threat showed Saudis were willing to “instrumentalise” their access to a holy place.

One week after the vote, the UAE, an ally of Saudi Arabia in the Yemen conflict, invited Senegal to sign a memorandum of understanding to establish a joint Emirati-Senegalese business council. The aim of the council was for the UAE chamber of commerce to “boost cooperation” between the “two friendly countries”.

The UAE did not respond to a request for comment.



Four decades since AIDS epidemic began, but still no vaccine

Issued on: 01/12/2021 - 

AIDS has killed 35 million people worldwide over the four decades since it was first detected. © Aaron Favila, AP (file photo)

Covid vaccines began to show promise just months after the novel coronavirus started spreading across the globe. So why have decades of HIV/AIDS research yielded so little progress on a jab to prevent a disease that claimed some 680,000 lives in 2020?

As the globe marks World AIDS Day on Wednesday, why is there still no vaccine to protect people from the Human Immunodeficiency Virus (HIV)?

One answer is that the political will and colossal investment that have spurred on Covid vaccine development have largely been missing from AIDS vaccine research since HIV was discovered in 1983.

But another lies in the complexity of the science behind HIV.

“With Covid vaccines, researchers worry about the vaccine being able to fend off a handful of variants that have become particularly worrisome,” reads a June report by the International AIDS Vaccine Initiative (IAVI).

“But for HIV, there are millions and millions of different viruses that have resulted from the virus’s stealth ability to rapidly mutate... It is this astonishing level of diversity that any HIV vaccine must contend with.”

Olivier Schwartz, head of the viruses and immunity unit at the Pasteur Institute in Paris, says that while most people can recover naturally from an initial coronavirus infection and thus acquire immunity, this is not the case for HIV.

“HIV mutates much more easily than Covid and so it is more difficult to generate so-called broadly neutralising antibodies that could prevent infection,” he said.

Only a handful of people naturally produce these antibodies when exposed to HIV.

Research into a vaccine has meant studying those rare responses, understanding how they work, and trying to replicate them in healthy people’s immune systems.

An mRNA jab?

Several dozen vaccines are being studied, with one by US firm Moderna seeking to use the same mRNA delivery method as its popular Covid vaccine.

The June report describing the research explains how the mRNA jab is meant to deliver instructions for a process called “germline targeting”.

This means “guiding the immune system, step by step, to induce antibodies that can counteract HIV”, the report explains.

So far, the technique is complex, involving an initial shot to activate important B-cells before several jabs attempt to spur the body into producing a range of antibodies.

Being able to visualise a way forward has given researchers hope, and some say it’s thanks in no small part to the pandemic.

“These last few years have seen unprecedented growth in our understanding of the immune system,” Serawit Bruck-Landais of French AIDS organisation Sidaction told AFP.

But even with seeming breakthroughs, Bruck-Landais says, progress on an HIV jab is “not enough to be able to say we will have an AIDS vaccine soon”.

The US clinical trials for the Moderna vaccine that were set to begin in August are still listed on the National Institutes of Health website as “not recruiting”.

‘Lack of investment’

Researchers looking into vaccines say they are overlooked in terms of funding.

“The market is too weak for pharmaceutical groups and there’s a disappointing lack of investment,” says Nicolas Manel, a research director at the French National Institute of Health and Medical Research (INSERM).

“Many researchers are very motivated, but they have to make do with the funds they have.”

In the absence of a vaccine, focus has historically been on promoting preventative measures like protected sex, clean needles, and overall better access to healthcare for marginalised populations.

Some 38 million people across the globe live with the virus.

Monsef Benkirane, research director at the France-based Institute of Human Genetics, points to important improvements in medicine that allow many people with HIV to live longer, healthier lives.

Importantly, by reducing an infected person’s viral load, HIV treatments today can vastly decrease or eliminate a person’s chances of transmitting HIV to another person.

But Benkirane says many people lack access to the treatments, while those who do have access sometimes struggle to follow through and take all the necessary medications.

“In addition to improving access to treatments, there are still problems with people actually sticking to the treatment regimens, even in Europe,” he said.

(AFP)
Leftist wins Honduran presidential vote after rival concedes

TEGUCIGALPA, Honduras (AP) — Honduras ruling party conceded defeat Tuesday in presidential elections held two days earlier, giving victory to leftist opposition candidate Xiomara Castro and easing fears of another contested vote and violent protests.

© Provided by The Canadian Press

Tegucigalpa Mayor Nasry Asfura of the National Party said in a statement that he had personally congratulated Castro, despite only about half the voting tallies being counted from Sunday's election.


Castro had 53% of the votes and Asfura 34%, with 52% of the tallies counted, according to the National Electoral Council. The council has 30 days from the election to declare a winner.

Asfura said he had met with Castro and her family.

“Now I want to say it publicly," the conservative candidate said. “That I congratulate her for her victory and as president elect, I hope that God illuminates and guides her so that her administration does the best for the benefit of all of us Hondurans, to achieve development and the desires for democracy.”

U.S. Secretary of State Antony Blinken congratulated Castro minutes later.

“The United States congratulates the people of Honduras on their election and Xiomara Castro on her historic victory as Honduras’ first female president,” Blinken said in a statement. “We look forward to working with the next government of Honduras. We congratulate Hondurans for the high voter turnout, peaceful participation, and active civil society engagement that marked this election, signaling an enduring commitment to the democratic process.”

Asfura’s recognition of the outcome was a relief to many Hondurans who had feared a contested election after a debacle in 2017 led to street protests that left 23 people dead.

Castro rode a wave of popular discontent with 12 years of National Party governance, which peaked in the second term of outgoing President Juan Orlando Hernández.

Expectations of a Castro victory drove thousands into the streets of Tegucigalpa Sunday in celebration. On Monday, the capital’s streets were quiet as if it were a holiday and on Tuesday Hondurans exhaled in relief that the election had not taken a violent turn.

But Castro will face major challenges.

Unemployment is above 10%, northern Honduras was devastated by two major hurricanes last year and street gangs drag down the economy with their extortion rackets and violence.

On Tuesday, Vielka Yossira López folded jeans at a stand in the sprawling Comayaguela street market.

The 24-year-old single mother of two said she didn’t vote, but hoped for change.

“How am I going to lose a day of work to go vote,” López said. “I don’t work, I don’t eat.”

When López contracted COVID-19, she wasn’t able to work for two months. In that time she sold her bed, her refrigerator, television and cellphone so she could buy food and diapers for her children, ages 3 and 6.

López makes 200 lempiras, about $8.25 per day. She pays $1.60 of that just for transportation to and from work each day.

Her 6-year-old has been out of school for more than a year. Initially, it was the pandemic, but then it was the cost of getting him there. She said he’s smart and she wants him to resume her studies, but for now it works better to pay the babysitter to keep an eye on both kids.

López is hopeful that if Castro becomes president she will bring with her a better understanding of what it takes to raise a family.

“Hopefully there will be a change by having a woman,” López said. “She has children and everything.”

Christopher Sherman, The Associated Press

IN-DEPTH
Carbon emissions to pool noodles: oilsands producers seek a ‘beautiful’ rebrand

A leak of the newest industry PR offensive reveals an effort to steer attention away from pollution and toward the potential of carbon capture


By Drew Anderson
Nov. 30, 2021 

An aerial view of a reclaimed Suncor tailings pond. The company is one of the oilsands producers pitching a pathway to net-zero emissions.
Photo: Suncor Energy / Flickr

Alberta’s major oilsands producers want you to look at a barrel of bitumen and see a pool noodle.

A leaked PR campaign from the oilsands giants shows the companies are eager to rebrand the carbon-intensive industry as a net-zero resource that effortlessly turns its emissions into everything from water toys to carbon fibre boats and microchips.

Currently being tested in focus groups, the Oil Sands Pathway Alliance campaign focuses on transforming carbon into everyday products with the tagline “Energy. Beautifully Designed.”

A pitch video, initially posted online for focus group participants to view, but which has now been taken down, was sent to The Narwhal by Keith Stewart, senior energy strategist with Greenpeace Canada, shows what the campaign will prioritize.

“Creating jet fuel out of our petroleum while using carbon from that process to make carbon fibre boats is a beautiful thing,” a voice over the video says.

“Developing microchips out of carbon capture for refined oil is beautiful. Producing barrels of oil and making Styrofoam chips out of the resulting carbon. That’s beautiful. Producing oil and from the resulting carbon making pool noodles that kids can float on. Beautiful.”


The campaign was prepared for a group composed of Suncor, Imperial, Canadian Natural Resources, MEG Energy, ConocoPhillips and Cenovus, who together are responsible for what they say is about 95 per cent of oilsands production. Only MEG Energy responded to The Narwhal’s requests for comment, reiterating statements given by Pathways Alliance.

The alliance was formed to push forward a plan for net-zero emissions from the oilsands by 2050.

But the focus on promoting positive messages about the oilsands, as revealed in the leaked material, is only the latest in a series of public relations and marketing campaigns over the years by both industry and government. Many of the campaigns were aimed at countering criticism about environmental impacts of extracting heavy oil from Alberta’s oilsands, a region that holds the world’s third largest reserves of crude, after Saudi Arabia and Venezuela, and requires large amounts of energy and water in production.

“I think this will be the fifth or sixth attempt to rebrand the oilsands,” Stewart said.

A pitch video for a proposed oilsands PR campaign that was shown to focus group participants.
 Video: Oil Sands Pathways Alliance.

The basic premise of the Pathways plan to achieve net-zero emissions is this: continue producing bitumen in the oilsands, but couple that production with carbon capture and utilization technologies in a bid to decrease the overall carbon pollution of the industry. This includes a carbon dioxide pipeline from the oilsands region to a sequestration hub approximately 440 kilometres away, near Cold Lake, Alta.

In a video posted to the Pathways site, MEG Energy President and CEO Derek Evans said it will be the largest carbon capture, utilization and storage facility in the world, “in terms of breadth” and the amount of carbon dioxide it would capture.

The plan to remove emissions relies heavily on the development of new technologies to achieve its goals and the campaign is vague about the details of converting carbon to pool noodles.

“This suggests that we can somehow separate the bad stuff — carbon — from the good stuff — oil as energy,” Shane Gunster, an associate professor in the school of communication at Simon Fraser University, told The Narwhal. “And then that bad stuff we can, with technology, magically turn it into the good stuff that we want.”

The plan highlights projects in Norway and the Netherlands as inspiration for the carbon capture utilization and storage component of the plan, though these projects aren’t yet operational.

‘The wonderful world of oil’ not a new advertising strategy: expert


The proposed campaign would join ongoing efforts from industry groups like the Canadian Association of Petroleum Producers, and its campaign offshoot Canada’s Energy Citizens, which describes itself as the largest oil and natural gas advocacy organization in Canada. The Alberta government’s own war room — officially dubbed the Canadian Energy Centre — also pumps out content touting the responsible development of the province’s oil and gas sector.

The recent public inquiry into anti-Alberta energy campaigns called for a long-term rebranding strategy in collaboration with industry and pointed to past campaigns from individual oil companies and organizations as “flawed in their approach.”

Patrick McCurdy, an associate professor of marketing at the University of Ottawa, has tracked the last 15 years of evolving marketing strategies of oilsands stakeholders.

In a 2018 paper, McCurdy found that the recommendation to brand and better sell the benefits of the oilsands dates back to a 1995 report from the Alberta Chamber of Resources — a resource sector industry group. But that recommendation wasn’t taken seriously until 2010 as a response to mounting pressure from environmental campaigns.

That was the year the Canadian Association of Petroleum Producers launched its “responsible Canadian energy” campaign alongside efforts by the Government of Alberta to pitch the oilsands directly to U.S. consumers.

The focus of that campaign was on oilsands workers, while simultaneously extolling the work done to protect the environment from the worst effects of oil extraction.

These latest ads represent the evolution of the marketing strategies at play, morphing from a focus on what companies are doing to protect the environment to a focus on how oil and gas can improve lives. But for McCurdy, it’s nothing new.

“The wonderful world of oil … was a common advertising strategy,” he said in an interview with The Narwhal, noting it’s a “strategy that harkens back to the rise of petrochemicals” in the middle of the 20th century.

The proposed Pathways campaign riffs off earlier industry ads like those from Cenovus in 2011 that highlighted other products made from petroleum — from artificial limbs to ultrasounds — but goes further by implying society can keep consuming oil and gas, and other products made from fossil fuels, as long as the resulting carbon is captured or reused.




This does represent a departure from earlier industry efforts to deny the existence of human-caused climate change altogether. The campaign joins a larger push to paint the industry in a different climate light and relieve the guilt and anxiety that many feel while trying to navigate a changing world, according to Gunster.

“[Industry] has been trying for a while now, especially certain parts of the industry, the bigger players, to integrate themselves into how we as a country, how we as a world, address climate change,” Gunster said.

“[Companies are] trying to position themselves as part of the solution, rather than part of the problem,” he said.

For Stewart of Greenpeace, that cuts to the heart of the issue.

“Their problem is performance, not PR,” he said.

Emissions from the oilsands have increased 400 per cent since 1990


The emissions performance of the oilsands, long a source of concern for those interested in reducing Canada’s climate impact, is of increasing importance for producers and their long-term financial viability.

In its recent world energy outlook, the International Energy Agency pointed to the real possibility of declining oil and gas demand, particularly for high cost, high emissions resources like the oilsands in Canada.

The performance is also increasingly under the watchful eye of the federal government, with its pledges of net-zero emissions in Canada by 2050 and its recent announcement at the United Nations climate change summit in Glasgow, COP26, that it would put a cap on emissions from the oil and gas sector.

It’s all part of the reason that companies have been working to reduce their emissions intensity — the amount of carbon produced for each barrel of oil — even while ramping up production.

Together these companies account for the vast majority of the 83 megatonnes released by the oilsands in 2019 from production alone. That’s equivalent to the yearly energy use of almost 37 million homes. The oilsands make up 11 per cent of Canada’s overall emissions — and they’re increasing.

Emissions from the oilsands have climbed from 15 megatonnes in 1990, an increase of over 400 per cent.

Adding the emissions associated with refining the bitumen in other countries and combustion would increase that number significantly.

If all goes well with carbon capture utilization and storage, coupled with the possible use of small nuclear reactors and the emergence of new technologies, the Pathways Alliance projects it could eliminate 68 megatonnes of emissions per year by 2050.
Oilsands advertising has an ‘ideological function’

Stewart said he thinks this campaign is part of the coming negotiations with industry stakeholders who want to avoid costly regulations while lobbying for subsidies.

The Pathways Alliance did not make anyone available for an interview on the campaign and did not respond to questions about the viability of the technologies it promotes, but it did send a written statement.

“Pathways is focused on our goal of net-zero emissions from oilsands operations by 2050 to help Canada meet its climate goals, including its Paris Agreement commitments and 2050 net-zero aspiration,” spokesperson Alain Moore wrote in an email.

“We know Canadians want to learn more about our plan to meet this ambitious goal. We’re building on our current communications to help share that information. However, nothing has been finalized at this time.”Justin Trudeau’s Liberals pledged during the election campaign to cap emissions from oil and gas and reiterated that commitment at the recent COP26 meeting. Photo: Justin Trudeau / Flickr

Gunster, from Simon Fraser, said the campaign falls squarely into the political realm as a response to the mounting pressure from governments and citizens increasingly concerned about the direct impacts of climate change.

Canadians don’t buy products from oil companies directly, he said, noting there’s no oil section aisle where you choose between Cenovus and Suncor like you do Coke and Pepsi.

“Their advertising … has a kind of ideological function, it has a political function, which is to try and advance a vision of the world, the problems of the world and how to fix the problems,” Gunster said.
Oil pitched as ‘guilt free’: marketing professor

These kinds of campaigns can have an impact.

Analysis of the previous oilsands campaign launched by the Canadian Association of Petroleum Producers over a decade ago and released through access to information requests in 2012, showed that effort resulted in improved impressions of the oilsands and reduced concerns about their environmental impact.

“The large majority of Conservative and the majority of Liberal supporters say the campaign makes them more inclined to believe that there is an effort to limit environmental impacts, a more responsive industry and that oilsands can be developed in a responsible way,” reads the 2011 analysis conducted by public opinion and market research firm Harris Decima. “NDP supporters are also positively impacted by the campaign, but at a lower rate.”

Rishad Habib is a professor of marketing at what is now known as X University in Toronto. In an interview, she said the campaign appears to be aimed at those who aren’t heavily involved in sustainability or the oil and gas industry and won’t be swayed by facts and statistics on what the industry hopes to accomplish.

“Part of it seems to be like, ‘oh, here’s a guilt-free option, you don’t have to feel guilty about using it anymore. Because it’s energy, it’s beautifully designed.’ So you can use oil and still feel good about yourself,” she said after being shown the pitch video.

That appeal to emotions in the Pa thways campaign can be powerful, and political, but it can also backfire, Habib said — particularly as the effects of climate change, like the wildfires in B.C. this year, start having a big impact in Canada.
Alberta’s oilsands face strong headwinds from alternatives

For Chris Bataille, an associate researcher at the Institute for Sustainable Development and International Relations, the move to limit carbon pollution from the oilsands is part of a conversation dating back decades that should have been acted on much sooner.

“My frustration is that we could have been doing this [in] 2006, 2007, 2008 and could have rode that into the high oil price through 2014, which then collapsed,” he said, noting the additional costs involved in trying to eliminate emissions and the price slump of recent years.

“But they didn’t do any of it. So there’s just this real lack of intention there.”

Bataille added that it is questionable whether the oilsands producers, whose product is piped to the U.S. to be refined into various petroleum products, can withstand the shift to electric and hydrogen vehicles.

That said, Bataille also argued Alberta is one of the best jurisdictions in the world for being able to effectively store carbon emissions underground, as long as companies pay for the infrastructure themselves.

The campaign, however, doesn’t get bogged down in those details.

“All across our country, beauty surrounds us, wherever we are, it’s there,” intones the Pathways Alliance video.

“We need beauty in our lives, but we also need energy.”

Stewart said the campaign fails to capture the current mood, pointing to the visceral and real impacts of climate change that Canadians are experiencing — including B.C.’s devastating wildfires.

“If the companies are serious about net zero, then that means changing their business model so they’re no longer selling oil and gas,” he said.

Tuesday, November 30, 2021

Cosby prosecutors urge Supreme Court to restore conviction
By MARYCLAIRE DALE

1 of 4
FILE - Bill Cosby arrives for his sentencing hearing at the Montgomery County Courthouse, Monday, Sept. 24, 2018, in Norristown, Pa. Prosecutors asked the U.S. Supreme Court to review the decision that overturned Cosby’s conviction. In a petition filed Monday, Nov. 29, 2021 they wrote that courts should not equate a supposed promise made by a former prosecutor to lifetime immunity. (AP Photo/Matt Slocum, File)


PHILADELPHIA (AP) — Prosecutors urged the U.S. Supreme Court to reinstate Bill Cosby’s sexual assault conviction, complaining in a petition released Monday the verdict was thrown out over a questionable agreement that the comic claimed gave him lifetime immunity.

They said the Pennsylvania Supreme Court decision in June to overturn Cosby’s conviction created a dangerous precedent by giving a press release the legal weight of an immunity agreement.

Montgomery County District Attorney Kevin Steele called the court’s decision “an indefensible rule,” predicting an onslaught of criminal appeals if it remains law.

“This decision as it stands will have far-reaching negative consequences beyond Montgomery County and Pennsylvania. The U.S. Supreme Court can right what we believe is a grievous wrong,” Steele wrote in the filing, which seeks review under the due process clause of the U.S. Constitution.

Cosby’s lawyers have long argued that he relied on a promise that he would never be charged when he gave damaging testimony in an accuser’s civil suit in 2006. The admissions were later used against him in two criminal trials.

The only written evidence of such a promise is a 2005 press release from then-prosecutor Bruce Castor, who said he did not have enough evidence to arrest Cosby.

The release included an ambiguous “caution” that Castor “will reconsider this decision should the need arise.” The parties have since spent years debating what that meant.

Steele’s bid to revive the case is a long shot. The U.S. Supreme Court accepts fewer than 1% of the petitions it receives. At least four justices on the nine-member court would have to agree to hear the case. A decision on the petition, filed Wednesday but only made public Monday, is not expected for several months.

Castor’s successors, who gathered new evidence and arrested Cosby in 2015, doubt Castor ever made such a deal. Instead, they say Cosby had strategic reasons to give the deposition rather than invoke his Fifth Amendment right to remain silent, even if it backfired when “he slipped up” in his rambling testimony.

Cosby’s spokesperson called Steele “obsessed” with the actor and said he only hoped to please “the #MeToo mob.” Defense lawyers have long said the case should never have gone to trial because of what they call a “non-prosecution agreement.”

“This is a pathetic last-ditch effort that will not prevail. The Montgomery’s County’s DA’s fixation with Mr. Cosby is troubling to say the least,” spokesperson Andrew Wyatt said in a statement.

Cosby, 84, became the first celebrity convicted of sexual assault in the #MeToo era when the jury at his 2018 retrial found him guilty of drugging and molesting college sports administrator Andrea Constand in 2004.

He spent nearly three years in prison before Pennsylvania’s high court ordered his release.




Legal scholars and victim advocates will be watching closely to see if the Supreme Court takes an interest in the #MeToo case.

Two justices on the court, Clarence Thomas and Brett Kavanaugh, were accused of sexual misconduct during their bitterly fought confirmation hearings.

Appellate judges have voiced sharply different views of the Cosby case. An intermediate state court upheld the conviction. Then the seven justices on the Pennsylvania Supreme Court wrote three separate opinions on it.

The majority found that Cosby relied on the decision not to prosecute him when he admitted giving a string of young women drugs and alcohol before sexual encounters. The court stopped short of finding that there was such an agreement, but said Cosby thought there was — and that reliance, they said, marred his conviction.

But prosecutors call that conclusion flawed. They note that Cosby’s lawyers objected strenuously to the deposition questions rather than let him speak freely.

Cosby himself has never testified about any agreement or promise. The only alleged participant to come forward is Castor, a political rival of Steele’s who went on to represent President Donald Trump in his second impeachment trial. Castor said he made the promise to a now-dead defense lawyer for Cosby, and got nothing in return.

He never mentioned it to his top assistant, who reopened the case in 2015 after a federal judge unsealed Cosby’s deposition.

At a remarkable pretrial hearing in February 2016, Castor spent hours testifying for the defense. The judge found him not credible and sent the case to trial.

The Pennsylvania Supreme Court, in its ruling, called Cosby’s arrest “an affront to fundamental fairness.”

Weeks later, the ruling prompted the state attorney general to dismiss charges against a jail guard accused of sexually abusing female inmates, because of an earlier agreement with county prosecutors that let him resign rather than face charges.

Cosby, a groundbreaking Black actor and comedian, created the top-ranked “Cosby Show” in the 1980s. A barrage of sexual assault allegations later destroyed his image as “America’s Dad” and led to multimillion-dollar court settlements with at least eight women. But Constand’s case was the only one to lead to criminal charges.

Five of Cosby’s accuser’s testified for the prosecution to support Constand’s claims, testimony that Cosby’s lawyers also challenged on appeal. However, the state’s high court declined to address the thorny issue of how many other accusers should be allowed to take the stand in a criminal case before the testimony becomes overkill.

In a recent memoir, Constand called the verdict less important than the growing support for sexual assault survivors inspired by the #MeToo movement.

“The outcome of the trial seemed strangely unimportant. It was as if the world had again shifted in some much more significant way,” Constand wrote in the book, “The Moment.”

The Associated Press generally does not name alleged victims of sexual assault unless they speak publicly, as Constand has done.

Cheryl Carmel, who served as jury foreperson at Cosby’s retrial, said she was glad to see Steele ask for the review.

“I firmly believe that what we decided was correct, or else I wouldn’t have made that decision … with the group. Having it overturned because of something that was outside of the facts of what we were given is disappointing,” Carmel told The AP on Monday.

___

Follow Maryclaire Dale on Twitter at https://twitter.com/Maryclairedale.


Yukon counts zero local midwives after regulations put in place

Where are all the Yukon’s midwives?


They’ve gone to work in other jurisdictions. Some will return after fulfilling the Yukon’s new requirement of one year’s work outside the territory in order to get licensed. Others, in search of higher wages and better work environments, don’t plan to return for a while.

The regulations were passed by cabinet in January 2021 and came into force April 15. Every week since, Christina Kaiser has been turning down multiple requests for her midwifery services because the new rules prevent her from working.

Kaiser is registered in Germany and has maintained her professional accreditations. She was a practising midwife in the Yukon for 20 years until April 15 this year. Kaiser also participated in a bridging program for international midwives in British Columbia, but remains an ineligible applicant for the new midwifery positions with the Yukon government.

“I get messages every week from people who want a midwife, and I can’t take care of them. I’m not allowed anymore,” Kaiser said.

“I have to tell you, it breaks my heart.”

To become registered in the Yukon under the new system, midwives must spend a year working, registered and insured in another publicly-funded health system in Canada.

Kaiser will begin work in B.C. next month to meet the requirement to become eligible.

“There are no midwives employed [in Yukon] at this time,” says Kathleen Cranfield, president of the Professional Association of Yukon Midwives.“Women and pregnant people in the Yukon are unable to access midwives for maternity care and they’re unable to choose a home birth setting.”

Cranfield is also a registered midwife and has been a member of the Canadian Midwives Association for ten years. This week, Cranfield relocated her family from Whitehorse to work in the N.W.T.

Midwifery as an autonomous profession

In 1976, the World Health Organization agreed with the International Council of Nurses and the International Confederation of Midwives that midwifery should be recognized as an autonomous discipline in and of itself. In 1994, Ontario and Alberta were the first provinces to implement legislation to regulate midwifery. Liberal leader Pat Duncan considered it for the Yukon when she was premier.

The N.W.T. and Nunavut have regulated midwifery since 2005 and 2011, respectively. Sandy Silver ran on the commitment in 2016 and included it in the throne speech. This past election saw midwifery regulations listed as an accomplishment of his government.

Now, the two qualified midwives in the Yukon are driving away.

Loss of maternal care options for women

The Minister of Health and Social Services, Tracy-Anne McPhee, stated in the legislature on Nov. 9 that Yukoners can access a midwife in another province or territory.

McPhee admitted that recruitment is taking longer than anticipated, and suggested that midwifery services will be launched very early in 2022.

That delay has left a considerable period of time, from April 2021 to perhaps February 2022 or longer, where Cranfield said “expectant Yukon mothers have fewer birth and care options than before the regulations were enacted.”

Cranfield explained how other jurisdictions avoided creating this kind of gap by deliberately allowing for time for hiring and program implementation before the regulations were due to come into force. In some jurisdictions, that space for hiring and implementation took several years, but the result was that midwifery services for mothers remained constant during the transition.

In Canada, the midwifery model promotes women as the primary decision-maker for maternal health. In the Yukon, a department spokesperson stated that “the requirements outlined under the Midwives Regulation are intended to ensure the safety and well-being of Yukoners accessing midwifery services.”

Spokesperson Julie Ménard continued to say that “the Midwives Regulation was carefully developed to suit the Yukon’s specific context and was informed by the feedback of our local and national partners — including the Canadian Midwifery Regulators Council, the Canadian Association of Midwives, and the Community Midwifery Association of Yukon (now the Yukon Association for Birth Choices).”

Kaiser agrees that the government went to considerable lengths to solicit thoughts from expert groups across the country and in the Yukon.

“They definitely had all the resources. They hired the Canadian Association of Midwives to write them a paper on how would it be best implemented in the Yukon,” Kaiser said.

But Kaiser believes the problem wasn’t in the asking.

“But then, when they’re actually there, they’re not listening to them. They kept doing things differently,” she continued.

“Midwifery is regulated and funded and integrated in every other province and territory except P.E.I. You don’t have to reinvent the wheel.”

Recruitment, retention and choice

The first job postings for midwives went out in September. There were no eligible applicants. A second attempt is underway now. Given the wording in the regulations, it is assured that the midwives will not be from the Yukon.

Midwives who have lived and worked in other jurisdictions may not find the conditions comparable to other places with established enabling work environments, and could expect a cut in pay.

Kaiser said that the Canadian Association of Midwives has written to the Yukon government to let them know that their salary model is sub-par to the rest of the country. The NDP has raised the issue in the legislature.

In the meantime, Yukon’s midwives are on the move to other jurisdictions; government hiring continues; and the choices for maternal health care for Yukon women are more limited now than before the regulations were passed.

Lawrie Crawford, Local Journalism Initiative Reporter, Yukon News
'Scrap cathedral' in Spain lives on after originator's death

Work contiues at Cathedral of Justo in Mejorada del Campo, 20 kilometres east of Madrid




 (AFP/Gabriel BOUYS)

Alfons LUNA
Mon, November 29, 2021, 11:39 PM·3 min read

For over 60 years, former monk Justo Gallego had been building a cathedral out of scrap materials on the outskirts of Madrid, a project he would never see completed.

The 96-year-old died over the weekend, but left the unfinished complex in Mejorada del Campo to a charity run by a priest that has vowed to complete his labour of love.

Gallego began the project in 1961 when he was in his mid-30s on land inherited from his family after a bout of tuberculosis forced him to leave an order of Trappist monks.


Today, the "Cathedral of Justo" features a crypt, two cloisters and 12 towers spread over 4,700 square metres (50,600 square feet), although the central dome still does not have a cover.

He used bricks, wood and other material scavenged from old building sites, as well as through donations that began to arrive once the project became better known.

The building's pillars are made from stacked oil drums while windows have been cobbled and glued together from shards of coloured glass.

"Recycling is fashionable now, but he used it 60 years ago when nobody talked about it," said Juan Carlos Arroyo, an engineer and architect with engineering firm Calter.

The charity that is taking over the project, "Messengers of Peace", hired the firm to assess the structural soundness of the building, which lacks a permit.



The 96-year-old former monk Justo Gallego died over the weekend, but left the unfinished complex in Mejorada del Campo to a charity (AFP/Gabriel BOUYS)


- No blueprint -


"The structure has withstood significant weather events throughout its construction," Arroyo told AFP, predicting it will only need some "small surgical interventions".

Renowned British architect Norman Foster visited the site in 2009 -- when he came to Spain to collect a prize -- telling Gallego that he should be the one getting the award, Arroyo added.

The sturdiness of the project is surprising given that Gallego had no formal training as a builder, and he worked without a blueprint.

In interviews, he repeatedly said that the details for the cathedral were "in his head" and "it all comes from above".

The complex stands in a street called Avenida Antoni Gaudi, named after the architect behind Barcelona's iconic Sagrada Familia basilica which has been under construction since 1883.

But unlike the Sagrada Familia, the Cathedral of Justo Gallego as it is known is not recognised by the Roman Catholic Church as a place of worship.


- 'Worth visiting' -


Father Angel Garcia Rodriguez, the maverick priest who heads Messengers of Peace, wants to turn Gallego's building into an inclusive space for all faiths and one that is used to help the poor.

"There are already too many cathedrals and too many churches, that sometimes lack people," he said.

"It will not be a typical cathedral, but a social centre where people can come to pray or if they are facing difficulties," he added.

Father Angel is famous in Spain for running a restaurant offering meals to the homeless and for running a church in central Madrid where pets are welcome and the faithful can confess via iPad.

Inside the Cathedral of Justo, volunteers continued working on the structure while a steady stream of visitors walked around the grounds admiring the building in the nondescript suburb.

"If the means are put in, especially materials and money, to finish it, then it will be a very beautiful place of worship," said Ramon Calvo, 74, who was visiting the grounds with friends.

al/ds/mg/pbr/spm
Extinct swordfish-shaped marine reptile discovered

A new 130-million-year-old marine reptile fossil sheds light on the evolution of hypercarnivory of these last-surviving ichthyosaurs

PUBLISHED: 29NOV2021
Image by Dirley Cortés.


A team of international researchers from Canada, Colombia, and Germany has discovered a new marine reptile. The specimen, a stunningly preserved metre-long skull, is one of the last surviving ichthyosaurs – ancient animals that look eerily like living swordfish.

“This animal evolved a unique dentition that allowed it to eat large prey,” says Hans Larsson, Director of the Redpath Museum at McGill University. “Whereas other ichthyosaurs had small, equally sized teeth for feeding on small prey, this new species modified its tooth sizes and spacing to build an arsenal of teeth for dispatching large prey, like big fishes and other marine reptiles.”

“We decided to name it Kyhytysuka which translates to ‘the one that cuts with something sharp’ in an indigenous language from the region in central Colombia where the fossil was found, to honour the ancient Muisca culture that existed there for millennia,” says Dirley Cortés, a graduate student under the supervision of Hans Larsson and Carlos Jaramillo of the Smithsonian Tropical Research Institute.


Life reconstructions of Kyhytysuka sachicarum from the Early Cretaceous of Colombia. Credit: Dirley Cortés

The big picture of ichthyosaur evolution is clarified with this new species, the researchers say. “We compared this animal to other Jurassic and Cretaceous ichthyosaurs and were able to define a new type of ichthyosaurs”, says Erin Maxwell of the State Natural History Museum of Stuttgart (a former graduate student of Hans Larsson’s lab at McGill). “This shakes up the evolutionary tree of ichthyosaurs and lets us test new ideas of how they evolved.”

Dirley Cortés working with the skull of Kyhytysuka. Credit: Dirley Cortés













According to the researchers, this species comes from an important transitional time during the Early Cretaceous period. At this time, the Earth was coming out of a relatively cool period, had rising sea levels, and the supercontinent Pangea was splitting into northern and southern landmasses. There was also a global extinction event at the end of the Jurassic that changed marine and terrestrial ecosystems. “Many classic Jurassic marine ecosystems of deep-water feeding ichthyosaurs, short-necked plesiosaurs, and marine-adapted crocodiles were succeeded by new lineages of long-necked plesiosaurs, sea turtles, large marine lizards called mosasaurs, and now this monster ichthyosaur” says Dirley Cortés.

Skeleton of Kyhytysuka compared to a human for scale. Known bones are in white. Credit: Dirley Cortés

“We are discovering many new species in the rocks this new ichthyosaur comes from. We are testing the idea that this region and time in Colombia was an ancient biodiversity hotspot and are using the fossils to better understand the evolution of marine ecosystems during this transitional time,” she adds. As next steps the researchers are continuing to explore the wealth of new fossils housed in the Centro de Investigaciones Paleontológicas of Villa de Leyva in Colombia. “This is where I grew up,” says Cortés “and it is so rewarding to get to do research here too.”

3D animation of Kyhytysuka. Credit: Dirley Cortés


About this study

“Reappearance of hypercarnivore ichthyosaurs in the Cretaceous with differentiated dentition: revision of ‘Platypterygius’ sachicarum (Reptilia: Ichthyosauria, Ophthalmosauridae) of Colombia” by Dirley Cortés, Erin E. Maxwell, and Hans C. E. Larsson is published in the Journal of Systematic Palaeontology.

DOI: https://doi.org/10.1080/14772019.2021.1989507

Here’s what’s causing inflation in Canada

In Pierre Poilievre’s universe, Justin Trudeau is Schrodinger’s prime minister, writes columnist Max Fawcett. 
File photo by Alex Tétreault
By Max Fawcett | OpinionPolitics | November 30th 2021

It wasn’t that long ago that the Conservative Party of Canada prided itself on being literate on the important economic and financial issues of the day. But if the party’s ever-deepening obsession with inflation (and insistence on pinning it to the prime minister) is any indication, those days are.

Instead, they seem content to trade in the sort of threadbare fiction and populist fear-mongering that defined — and still animates — Trumpist economics.

Case in point: Their decision to appoint conspiracy theory enthusiast Pierre Poilievre as shadow minister of finance. After demoting him from the role back in the spring, leader Erin O’Toole handed him back his old job. That signalled the CPC’s intent to keep beating the same drum Poilievre played all summer long: accusing the Liberal government of creating inflation through its excessive spending. “Our goal is to push them to stop doing the things that cause inflation,” Poilievre told the National Post.

Those things, not surprisingly, are the same things Poilievre objected to back in March 2020 when the pandemic was just getting started: Spending money to support Canadian households and businesses. “You might want to address it through big, fat government programs,” he said in response to a question about his belief tax cuts were the right way to respond to COVID-19. “We’re conservatives, so we don’t believe in that.”

Never mind that prominent conservative pundits like Ken Boessenkool and John Ivison have admitted the current bout of inflation Canadians are dealing with has precisely nothing to do with the federal government’s policies, or that similar levels of inflation in countries like Germany, the United Kingdom and the United States would seem to suggest it can’t possibly be Justin Trudeau’s doing.

In Poilievre’s universe, Trudeau is Schrodinger’s prime minister: simultaneously too weak to achieve anything of substance and so powerful that he determines global markets and inflation trends.

But if Trudeau isn’t responsible for inflation, what is? In the near term, it’s being driven by COVID-19 and its impact on everything from oil and gas prices to supply chains (or, as Ivison called them, “supply kinks”). Indeed, there’s a certain irony in conservatives crying bloody murder about inflation when as much as one-third of it is due to soaring oil and natural gas prices, which disproportionately benefit their western Canadian supporters and will help turn Alberta and Saskatchewan’s finances from raging dumpster fires into mere smouldering trash cans.

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In the longer term, though, the real driver of inflation is the one conservatives desperately want to avoid talking about: climate cange.

Take the recent tweet from O’Toole, in which he suggested the rising cost of breakfast foods like bacon, syrup and coffee was somehow attributable to Trudeau’s policies rather than things like supply chain disruptions and extreme weather events. But as the Agri-Food Analytics Lab at Dalhousie noted in a Sept. 29 survey, “Many staples including meat, dairy, and groceries have increased in recent months due to macroeconomic shocks, caused by both unfavourable weather patterns in the Northern Hemisphere and logistical challenges due to the global pandemic.”

Syrup prices aren’t surging because of Trudeau’s nefarious policies but instead because of a mismatch between demand and supply driven by weather (and climate). As NPR noted in a piece on the global syrup shortage, “This year's short and warm spring resulted in an uncharacteristically low yield for producers.”

Opinion: In Pierre Poilievre’s universe, Trudeau is Schrodinger’s prime minister: simultaneously too weak to achieve anything of substance and so powerful that he determines global markets and inflation trends, says columnist @maxfawcett. #CDNpoli

As for coffee? That’s even harder to pin on Trudeau, given unseasonable frosts in July damaged production in many key South American growing regions.

And while the supply chain disruptions caused by COVID-19 will get better, the potential impact of climate change will only get worse. That’s the working theory laid out by Umair Haque, a British writer and the director of the London-based Havas Media Lab. “Prices are going to rise, probably exponentially, over the course of the next few decades,” he writes. “The reason for that’s simple: everything, more or less, has been artificially cheap.” That’s because costs that we’ve long externalized, from carbon emissions to plastic pollution, are now going to have to be borne by companies and consumers over the next few decades.

Those supply chains, meanwhile? They might get re-kinked a lot faster than we’d like to think.

“Making, producing, distributing, buying, selling the basics of civilization the dirty way that we do causes climate change — and climate change is trying to teach us a lesson,” Haque writes. “Climate change is made of fire and flood and typhoon and plague. See the feedback effect? Good luck distributing that batch of steel when there’s a megaflood or megafire in the way.”

The catastrophic floods in British Columbia, and the effect they’ll have on everything from shipping to agriculture, will offer Canadians an unwelcome preview of this.

Poilievre and the Conservative Party of Canada will ignore this looming threat, just as they’ve studiously downplayed or dismissed the threat of climate change for as long as they’ve been a political party. But at some point, the reality of climate-driven inflation will become apparent to even the most stubborn observer. The only real questions are whether it will be too late to do anything about it by then, and how much it will cost the working Canadians who conservatives like Poilievre claim to be fighting for.

November 30th 2021


Max Fawcett
Staff Columnist
@maxfawcett