Wednesday, August 03, 2022

Globally more is being spent on coal than copper mining

Frik Els | August 1, 2022 


Coal mining is back in the black. Stock Image.

New data from Industrial Info Resources show 4,790 metals and minerals capital projects (including mining, processing and refining) with a combined investment value of $443 billion are currently under construction around the world. A further 10,586 projects are under active planning and engineering – for a combined total of $1.11 trillion.


Joe Govreau, VP of Research at Industrial Info Resources, says that is an 8% increase from the preceding period as projects delayed by the pandemic are being restarted. Mining projects – from early exploration through to construction – make up half the global total.

The top seven miners have now upped capital outlays by more than 50% from the depths of the industry downturn in 2017. Govreau sees “no reason why expenditures won’t continue to be elevated for the next several years or more as companies look to increase production to meet expected demand growth from the energy transition.”

Red metal goes green

The decarbonisation revolution is not off to a great start though, not if you compare investments in the worst of the fossil fuels in terms of emissions – coal – with that of copper, without which there simply is no green energy transition.

Copper’s metal intensity – kilograms required per MW produced – of renewable energy sources like solar and wind is nowhere near that of coal or gas. To generate 1MW of offshore wind energy around 8.2 tonnes of copper have to be installed. The same figure for coal is 882kg.

According to one study, in order to reach net-zero by 2050, 19 million tonnes of additional copper need to be delivered. That implies a new La Escondida – the world’s largest copper operation by a wide margin – must be discovered and enter production every year for the next 20 years.

IIR tracks 708 active copper projects with construction kickoff in 2022/2023 around the globe. The combined value of these projects, which includes mining, processing and smelting, is $68.5 billion.


Unsurprisingly, Chile, the world’s largest copper producer and reserves holder, leads the way with 123 projects worth $18.3 billion followed by China boasting 119 projects with a combined value of $13 billion and Russia which is spending $12.7 billion on 24 new copper projects.

In contrast, the US is spending $3.8 billion while Canadian spending on new copper ventures is a paltry $484 million, behind Iran and Vietnam. Govreau also points to Peru, the world’s number two producer, which is spending only $602 million after pandemic lockdowns and social unrest brought development to a standstill.

Back in black


In contrast to copper, coal has a pipeline of 1,863 projects around the globe with a value of $80.8 billion.

Govreau says coal consumption and production jumped over the past year on the back of increased demand for power generation and steelmaking. Consumption of metallurgical coal is expected to be strong again this year.

The Chinese ban on Australian coal is a boost for swing suppliers – US coal exports were up 26% last year, says Govreau. Asian nations are also upping investment in coal mining, and in contrast to Europe and the US, more coal-fired plants are being built than are being retired.

China derives 65% of its electricity from coal, has vast amounts of reserves and is heavily investing in consolidating and automating its coal mines to supply its massive power generation fleet. Coal mining is also attracting investment in the near term because soaring gas prices makes it a cheaper alternative for electricity generation.


Glencore is cashing in on coal to dodge big mining’s slowdown

Bloomberg News | August 2, 2022 

Mount Owen thermal and coking coal mine in Australia. Image: Glencore

The world’s biggest miners have spent the past two weeks reporting lower profits, shrinking dividends and a worsening outlook as the year rolls on. Next up: Glencore Plc looks set to buck the trend.


While commodities like iron ore and copper have retreated as gloom settles over the global economy, Glencore is enjoying two key advantages over its mining rivals — a powerful trading business that thrives in volatile markets, and a suite of coal mines now churning out previously unimaginable earnings thanks to the global energy crunch.

As a result, analysts are forecasting record profits and returns when Glencore reports on Thursday, with first-half earnings seen more than doubling from a year ago.

It’s a sharp reversal from previous years. The company had lagged its biggest rivals, largely because it doesn’t mine any iron ore, a commodity that helped supercharge earnings for mega miners BHP Group and Rio Tinto Group. But China’s Covid controls have sapped demand for the steelmaking ingredient as investor worries about a global recession weigh on commodity prices more broadly.

Rio Tinto last week reported a sharp decline in first-half profit and cut its dividend in half, while Anglo American Plc announced lower earnings and shareholder returns. Other miners from Vale SA to Lundin Mining Corp. also disappointed.

For now, the companies are still making good money, if not at last year’s record levels. It was Anglo’s second-best first half on record, while Rio paid its second-biggest interim dividend. But the increasingly uncertain outlook and weakening prices have cast a shadow over the underlying numbers, particularly as relentlessly rising costs across the industry add to profit-margin pressures.

“Prices have sharply declined from first-half averages, so these reported results do not reflect the reality of the markets today,” said Christopher LaFemina, an analyst at Jefferies Group LLC. “We are in a stage of the cycle during which prices are falling and costs are still rising. Not a good combination.”

Against this backdrop, Glencore is expected to deliver its best-ever results. The company has already said that its trading profit will exceed the top end of its guidance range, after it cashed in on volatile markets.

But it’s coal — the dirtiest fuel — that is seen as the really big earner.

Prices have soared to records this year as a global energy crisis boosts demand for fossil fuels around the world. Utilities are curbing imports from Russia due to the war in Ukraine, tightening the amount of available supply, while surging natural gas prices are also increasing demand for coal.

That’s put Glencore in a position to return cash to shareholders on a scale that was previously the reserve of the iron-ore majors, with some analysts forecasting payouts could exceed $10 billion in total this year.

The current dividend policy is to pay $1 billion from its trading unit, plus 25% of free cash flows from the sprawling mining business.

Still, some of those expectations — at least for the half year — have been tempered after Glencore flagged that its profitable bets on volatile commodity markets have tied up more working capital than normal.

“The underlying result will be very strong, and when markets return to lower volatility this working capital will be released making it a temporary impact,” said Tyler Broda, an analyst at RBC Capital Markets. “For now, however, this could temper the cash returns expected at the half-year results.”

(By Thomas Biesheuvel)
Sinkhole drags down Lundin shares as analysts weigh mine impact

Bloomberg News | August 2, 2022 |

Workers at Lundin’s Candelaria mine. (Credit: Lundin)

Lundin Mining Corp. fell the most among copper-mining peers Tuesday after a giant sinkhole opened up above one of its underground mines in Chile, sounding alarms over safety and production.


Chilean authorities are investigating the sinkhole at Alcaparrosa, one of two underground operations that make up Ojos del Salado, which in turn is part of the Candelaria complex.

Lundin said Monday it had halted development work near the site, but that the sinkhole didn’t affect the community, workers or its annual output guidance. Still, analysts at BMO Capital Markets lowered their Candelaria production estimate to the midpoint of the guidance range.

The event is playing out as the mining industry lobbies against planned tax hikes in Chile and faces more onerous rules regarding the environment and local communities as part of a new constitution that will go to a popular vote next month. Lundin is looking into further expansions in Chile after recently spending $1 billion upgrading its operations there.

Company shares were down 6.1% at 10:41 a.m. in Toronto, the steepest decline among global rivals tracked by Bloomberg, with markets in Canada resuming after a public holiday Monday.



A photo of a circular hole of about 25 meters (82 feet) in diameter was posted on the Twitter account of geology and mining service, Sernageomin, which ordered work in the immediate area to stop as it evaluates the situation.

Candelaria produced 118,600 metric tons of copper last year, government data show. It’s indirectly owned by Lundin (80%) and Sumitomo (20%), with the former acquiring its stake from Freeport-McMoRan Inc. in 2014. Lundin Mining was founded by Swedish-Canadian billionaire Lukas Lundin, who died last week.

“Minera Ojos del Salado is carrying out technical analyzes and gathering external information to determine the causes of this event to update the information that has been provided to the authorities,” Lundin said in an emailed statement on Monday.

(By James Attwood)


Sinkhole larger than tennis court has Chile perplexed

Experts in Chile on Tuesday were investigating the appearance of an enormous sinkhole, bigger than a tennis court, that has appeared near a copper mine in the Atacama desert.

byAFP
August 3, 2022, 
Aerial view taken on August 1, 2022, showing a large sinkhole that appeared over the weekend near the mining town of Tierra Amarilla, Copiapo Province, in the Atacama Desert in Chile. – A 100-metre security perimeter has been erected around the hole which appeared in the Tierra Amarilla municipality near the Alcaparrosa mine operated by Canadian firm Lundin Mining
Johan Godoy / AFP

Experts were dispatched to examine the hole, some 32 meters (104 feet) across and twice as deep, which appeared in an area about 800 kilometers (nearly 500 miles) north of Santiago over the weekend, the National Geology and Mining Service (Sernageomin) said in a statement.

A 100-meter security perimeter has been erected around the hole in the Tierra Amarilla municipality, near the Alcaparrosa mine operated by Canadian firm Lundin Mining.

The company said in a statement there had been “no impact to personnel, equipment or infrastructure,” and the sinkhole has remained stable since its detection.

As a preventive measure, “development work in an area of the Alcaparrosa underground mine has been temporarily suspended,” the company said.

Sernageomin director David Montenegro said experts would seek to determine the cause of the collapse and “ensure that all safety measures are taken to safeguard the lives of workers and communities close to the site.”

Cristian Zuniga, mayor of the Tierra Amarilla municipality of some 13,000 inhabitants, told journalists the sinkhole was unprecedented.

“We ask that the cause be clarified: whether the collapse is the product of mining activity or something else,” he said.

Chile is the world’s largest copper producer, responsible for a quarter of global supply.

America’s Climate Crisis

is Also A Prison Crisis

According to a July 2022 study by Texas A&M’s Hazard Reduction and Recovery Center, only 20% of Texas prison units have air conditioning.

America is experiencing a dire mass incarceration crisis and an equally dire environmental crisis. When the two merge, it creates unbearable conditions for thousands of vulnerable individuals.

According to a July 2022 study by Texas A&M’s Hazard Reduction and Recovery Center, only 20% of Texas prison units have air conditioning. And, as many areas of the Southern U.S. experience record-breaking heat, the remaining 80% of uncooled cells can reach temperatures as high as 110°F. The study also found evidence of at least one unit rising as high as 149°F.

“The lack of air-conditioning in prisons, especially housing areas, has been argued to be in violation of human rights, the U.S. Constitution’s Eighth Amendment protection against cruel and unusual punishment, the 14th Amendment guaranteeing equal protection to citizens, as well as the Americans with Disabilities Act and Rehabilitation Act,” the study’s authors wrote.

The effects of record-breaking heat on prison populations isn’t exclusive to Texas, either. Thirteen other states do not have universal air conditioning in their prisons, per a 2019 Prison Policy Initiative report: Alabama, Arizona, Florida, Georgia, Kansas, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, South Carolina, Texas, and Virginia.

Due to a regular increase in unbearable temperatures year over year, many incarcerated folks are at greater risk of life-threatening illnesses such as heat strokes and injury to their kidneys, heart, brain, and liver. Speaking to VICE News, Jamila Johnson, a Louisiana-based prison reform activist, expressed concern that the inmates living through these adverse heat conditions often also must complete “grueling” mandatory labor on a daily basis.

“Extreme heat disproportionately impacts incarcerated people with medical or mental health vulnerabilities. Such vulnerabilities are overrepresented in prison systems across the U.S. and especially in Texas. Increasing annual temperatures and the increase of days over 100 degrees in Texas will continue to exacerbate the degradation of health for both incarcerated people and staff,” the Texas A&M study reads.

Researchers estimate that outfitting all Texas prison facilities with proper air conditioning would cost approx $1 billion, with another $140 million required annually for “utilities and maintenance.”

“People don’t understand how much of an issue this is, and it has enormous spillover effects for our prison systems and our communities,” said Texas A&M research assistant J. Carlee Purdum, when presenting the study’s findings to state lawmakers last month. “We’re not talking about a luxury – it’s a necessity. Especially in months like this when we’re going through these extreme heat waves. We’re talking about a human right – the right to live and the right to be in a safe place.”

Taliban under scrutiny as US kills al-Qaida leader in Kabul
By RAHIM FAIEZ and MUNIR AHMED
yesterday

 In this 1998 file photo made available Friday, March 19, 2004, Ayman al-Zawahri, left, listens during a news conference with Osama bin Laden in Khost, Afghanistan. A U.S. airstrike has killed al-Qaida leader Ayman al-Zawahri in Afghanistan, according to a person familiar with the matter. President Joe Biden will speak about the operation on Monday night, Aug. 1, 2022, from the White House. (AP Photo/Mazhar Ali Khan, File)


ISLAMABAD (AP) — The U.S. drone strike that killed al-Qaida leader Ayman al-Zawahri on the balcony of a Kabul safe house intensified global scrutiny Tuesday of Afghanistan’s Taliban rulers and further undermined their efforts to secure international recognition and desperately needed aid.

The Taliban had promised in the 2020 Doha Agreement on the terms of the U.S. withdrawal from Afghanistan that they would not harbor al-Qaida members or those seeking to attack the U.S.

Yet a mastermind of the 9/11 terror attacks, who has called for striking the United States in numerous video messages in recent years, lived for months apparently sheltered by senior Taliban figures.

The safe house where al-Zawahri was staying in Kabul’s upscale Shirpur neighborhood was the home of a top aide to senior Taliban leader Sirajuddin Haqqani, according to a senior U.S. intelligence official. Haqqani is deputy head of the Taliban, serves as interior minister in its government and heads the Haqqani network, a powerful faction within the movement.

Still, there have been persistent reports of unease among Taliban leadership, particularly tensions between the Haqqani network and rivals within the movement.

The Taliban initially sought to describe the strike as America violating the Doha deal, in which the U.S. committed not to attack the group. The Taliban have yet to say who was killed in the strike.

“The killing of Ayman al-Zawahri has raised many questions,” said one Pakistani intelligence official, who spoke on condition of anonymity to The Associated Press as he wasn’t authorized to speak publicly to reporters. Al-Zawahri took over as al-Qaida’s leader after Osama bin Laden was killed in Pakistan in 2011, in an operation by U.S. Navy SEALs.

“The Taliban were aware of his presence in Kabul, and if they were not aware of it, they need to explain their position,” the official said.

Pakistan’s Foreign Ministry issued a very carefully worded statement, which referred to a “counter-terrorism operation by the United States in Afghanistan” but did not mention al-Zawahri. “Pakistan condemns terrorism in all its forms and manifestations,” it said. Pakistan has been lobbying for the world to give greater recognition and support to the Taliban government.

The strike early Sunday shook awake Shirpur, once a district of historic buildings that were bulldozed in 2003 to make way for luxury homes for officials in Afghanistan’s Western-backed government and international aid organizations. After the U.S. withdrawal in August 2021, senior Taliban moved into some of the abandoned homes there.

The targeted safe house is only a few blocks from the British Embassy, which has been closed since the Taliban takeover in August. Taliban officials blocked AP journalists in Kabul from reaching the damaged house on Tuesday.

The U.N. Security Council was informed by monitors of militant groups in July that al-Qaida enjoys greater freedom in Afghanistan under the Taliban but confines itself to advising and supporting the country’s new rulers.

A report by the monitors said the two groups remain close and that al-Qaida fighters, estimated to number between 180 to 400, are represented “at the individual level” among Taliban combat units.

The monitors said it’s unlikely al-Qaida will seek to mount direct attacks outside Afghanistan, “owing to a lack of capability and restraint on the part of the Taliban, as well as an unwillingness to jeopardize their recent gains” such as having a safe haven and improved resources.

During the first half of 2022, al-Zawahri increasingly reached out to supporters with video and audio messages, including assurances that al-Qaida can compete with the Islamic State group for leadership of a global movement, the report by the Analytical Support and Sanctions Monitoring Team said.

IS militants have emerged as a major threat to the Taliban over the past year, carrying out a series of deadly attacks against Taliban targets and civilians.

The Haqqani network is an Afghan Islamic insurgent group, built around the family of the same name. In the 1980s, it fought Soviet forces and over the past 20 years, it battled U.S.-led NATO troops and the former Afghanistan government. The U.S. government maintains a $10 million bounty on Serajjudin Haqqani for attacks on American troops and Afghan civilians.

But the Haqqanis, from Afghanistan’s eastern Khost province, have rivals within the Taliban leadership, mostly from the southern provinces of Helmand and Kandahar. Some believe Sirajuddin Haqqani wants more power. Other Taliban figures have opposed the Haqqanis’ attacks against civilians in Kabul and elsewhere during the insurgency.

Jerome Drevon, the International Crisis Group’s senior analyst studying Islamist militant groups, said the tensions are focused on how to direct the new regime — “how to share power ... who gets what position, who gets to control what ministries, to decide the general policies and so on.”

The timing of the strike also couldn’t come at a worse time politically for the Taliban. The militants face international condemnation for refusing to reopen schools for girls above the sixth grade, despite earlier promises. The United Nations mission to Afghanistan also criticized the Taliban for human rights abuses under their rule.

The U.S. and its allies have cut off billions in development funds that kept the government afloat in part over the abuses, as well as froze billions in Afghan national assets.

This sent the already shattered economy into free fall, increasing poverty dramatically and creating one of the world’s worst humanitarian crises. Millions, struggling to feed their families, are kept alive by a massive U.N.-led relief effort.

The Taliban have been trying to reopen the taps to that aid and their reserves. However, al-Zawahri’s killing already has been seized upon by U.S. Secretary of State Antony Blinken as a sign that the Taliban “grossly violated the Doha Agreement and repeated assurances ... that they would not allow Afghan territory to be used by terrorists to threaten the security of other countries.”

Taliban spokesman Zabihullah Mujahid alleged the U.S. violated the Doha Agreement by launching the strike. Afghanistan’s state-run television channel — now under the Taliban — reported that President Joe Biden said al-Zawahri had been killed.

“The killing of Ayman al-Zawahri closes a chapter of al-Qaida,” said Imtiaz Gul, the executive director of the Islamabad-based Center for Research and Security Studies.

Al-Zawahri’s death coincided with the 32nd anniversary of Iraqi dictator Saddam Hussein’s invasion of Kuwait — creating a sort of a bookend to al-Qaida’s era of militancy. Saddam’s invasion prompted the U.S. military presence in Saudi Arabia, which in turn was one factor that drove bin Laden to turn his guns on America, culminating in the 9/11 attacks.

Bullfighting fans attend festival in southern France as opponents call for outright ban

August 3, 2022
in Europe, News



“I think the majority of French people share the view that bullfights are immoral, a spectacle that no longer has its place in the 21st century,” said Aymeric Caron, a popular former TV journalist and animal rights activist who was recently elected to parliament as part of the hard-left France Unbowed party.

For years, critics have sought a final legal blow against what they call a cruel and archaic ritual, but none of the draft bills presented have ever been approved for debate by National Assembly lawmakers.

French courts have also routinely rejected lawsuits lodged by animal rights activists, most recently in July 2021 in Nimes, home to one of France’s most famous bullfighting events.

But Caron, based in Paris, told AFP that the time was ripe for a new proposal given growing concerns about animal welfare, with a draft bill to be submitted this week.

“I do indeed hope this bill will be debated in parliament in November… it would be a first,” he said.

The prospect seems all the more likely after France Unbowed won dozens of new seats in recent elections, helping to strip President Emmanuel Macron of his centrist majority in parliament.


















The goal is to modify an animal welfare law that allows exceptions for bullfights — as well as cock fighting — when it can be shown that they are “uninterrupted local traditions.

Such exceptions are granted to cities including Bayonne and the mediaeval jewel of Mont-de-Marsan in southwest France near Spain, where the practice has its origins, and along the Mediterranean coast including Arles, Beziers and Nimes.
‘Respecting the animal’

For Caron, “it’s not a French tradition, it’s a Spanish custom that was imported to France in the 19th century to please the wife of Napoleon III, who was from Andalusia,” the countess Eugenie de Montijo.

That argument is unlikely to convince the jostling crowds who packed the streets of Bayonne for the bullfighting feria that ended Sunday, a sea of fans clad all in white except for bright red bandanas or sashes.

“The people who want to ban it don’t understand it. Bullfighting is a drama that brings you closer to death… You’re afraid, but that’s a part of life,” said Jean-Luc Ambert, who came with friends from the central Auvergne region.

Like many other fans, his friend Francoise insisted that bullfighting is an art as much as a sport, where “a man puts his life on the line, while respecting the animal.”

“We’re not trying to convert anyone — I just want the people against it to leave us alone,” she told AFP.

The guest star of the Bayonne feria, Spanish matador Alejandro Talavante, did indeed find an appreciative audience, with the crowd demanding the award of the bull’s ear for his performance.

It’s a conflict that echoes the widening rift in France between rural dwellers steeped in deep agriculture traditions, and Parisians and other urban residents accused of trampling on the country’s cultural heritage — often derided as “the Taliban of Paristan.”
















Widespread support ?

Andre Viard, president of the national bullfighting association, shrugged off the threat of a ban.

“This comes up in every parliamentary session,” Viard told AFP of Caron’s efforts to find allies for the France Unbowed initiative.

“We tell the other parties: Why do you want to be associated with a bill that attacks a cultural freedom protected by the Constitution, and territorial identity?”

The debate echoes similar opposition in other countries with bullfighting histories, including Spain and Portugal as well as Mexico, Colombia and Venezuela.

In June, a judge in Mexico City ordered an indefinite suspension of bullfighting in the capital’s historic bullring, the largest in the world.

Caron is banking on support from across the political spectrum, including top members of Macron’s party such as the head of his parliamentary group Aurore Berge, who was among 36 lawmakers who called for a bullfighting ban last year.

An Ifop poll earlier this year found that 77 percent of respondents approved of a ban, up from 50 percent in 2007.



















“More and more people are concerned about animal suffering, including in bullfights,” Claire Starozinski of the Anti-Bullfighting Alliance told AFP, adding that many people don’t realise that the bulls are actually killed.

“I know there are MPs from other parties who will support me, and have said so,” Caron said — though he admitted that more mainstream lawmakers such as Berge might be reluctant to join his leftish campaign.

“Is she going to remain true to her convictions, or make a political calculation that prevents her from supporting me? That’s what will be at stake in the talks over the coming weeks and months.”

(AFP)








KETTLE CALLING POT; BLACK
ASEAN warns Myanmar against more executions

AFP - 

Current ASEAN chair Cambodia warned Myanmar on Wednesday not to execute any more prisoners after the hanging of four people -- two of them prominent pro-democracy figures -- caused international outrage.


© Mohd RASFANAn empty chair representing Myanmar is seen during an ASEAN meeting in Phnom Penh on Wednesday

Foreign ministers from the Association of Southeast Asian Nations (ASEAN) are discussing how to address the growing crisis in Myanmar at talks in Phnom Penh.

The 10-nation regional bloc has spearheaded so far fruitless efforts to restore peace to the country after a military coup last year, and anger is growing at the junta's stonewalling tactics.

Myanmar executed four prisoners last month in a move roundly condemned by ASEAN members, who are voicing increased frustration at the lack of progress on the regional bloc's "five-point consensus" plan on Myanmar's conflict.

Agreed in April last year, the plan calls for an immediate end to violence and dialogue between the army and coup opponents.

"If more prisoners are to be executed, we will be forced to rethink our role vis a vis ASEAN's five-point consensus," Cambodian Prime Minister Hun Sen said as he opened the foreign ministers' gathering.

Hun Sen said the bloc was "disappointed and disturbed by the execution of these opposition activists despite the appeals from me and others for the death sentences to be reconsidered for the sake of political dialogue, peace and reconciliation".

But with no Myanmar representatives present for the summit -- highlighted by the country's prominently placed empty chair -- Cambodia's ASEAN spokesman admitted Tuesday that progress over the conflict might be tricky.

The February coup has left Myanmar in disarray, with the death toll from a brutal military crackdown on dissent passing 2,100, according to a local monitoring group.

rbu/pdw/smw
CLAIMING A SPIRIT ANIMAL
Rare white elephant born in Myanmar: state media

Issued on: 03/08/2022 - 


















A rare white elephant born in Myanmar's western Rakhine state is seen walking around Taungup township on Tuesday
 Handout MYANMAR MILITARY INFORMATION TEAM/AFP


Yangon (AFP) – A rare white elephant has been born in western Myanmar, state media said on Wednesday, unveiling what many in the Buddhist-majority country believe to be an auspicious creature.


Born last month in western Rakhine state, the baby weighs about 80 kilograms (180 pounds) and stands roughly 70 cm (two-and-a-half feet) tall, according to the Global New Light of Myanmar newspaper.

Footage released by state TV showed the tusker tot following his mother to a river and being washed by its keepers, and later feeding from her.

The mother -- a 33-year-old called Zar Nan Hla -- is kept by the Myanma Timber Enterprise in Rakhine state, the Global New Light said, adding the baby possessed seven of the eight characteristics associated with rare white elephants.

"Pearl-coloured eyes, plantain branch-shaped back, white hair, a distinctive tail, auspicious plot signs on the skin, five claws on the front legs and four on the back legs and big ears," the newspaper reported.

Social media users first posted about the birth of the elephant -- which has not been named yet -- late last month.

Historically, white elephants were considered extremely auspicious in Southeast Asian culture, and the region's ancient rulers acquired as many as they could to boost their fortunes.

But the ruinous cost of keeping the beasts in appropriately lavish style gave rise to the modern expression in which a "white elephant" is a useless, if beautiful, possession.

There are currently six white elephants in captivity in the military-built capital Naypyidaw, according to state media -- mostly from Rakhine state and the southern Ayeyarwady region.


With Myanmar reeling from a military coup last year and its bloody crackdown on dissent, the reaction of many on social media was muted or sceptical.

"Am I colourblind if it just looks brown to me?" posted one user.

"Elephants were important only in the old eras," said another.

"Now the poor elephant will have to go to jail."

© 2022 AFP
Feds target US companies caught in lucrative shark fin trade
By JOSHUA GOODMAN
Yesterday

Confiscated shark fins are shown during a news conference, Thursday, Feb. 6, 2020, in Doral, Fla. A spate of recent criminal indictments highlights how U.S. companies, taking advantage of a patchwork of federal and state laws, are supplying a market for fins that activists say is as reprehensible as the now-illegal trade in elephant ivory once was. (AP Photo/Wilfredo Lee, File)


MIAMI (AP) — It’s one of the seafood industry’s most gruesome hunts.

Every year, the fins of as many as 73 million sharks are sliced from the backs of the majestic sea predators, their bleeding bodies sometimes dumped back into the ocean where they are left to suffocate or die of blood loss.

But while the barbaric practice is driven by China, where shark fin soup is a symbol of status for the rich and powerful, America’s seafood industry isn’t immune from the trade.

A spate of recent criminal indictments highlights how U.S. companies, taking advantage of a patchwork of federal and state laws, are supplying a market for fins that activists say is as reprehensible as the now-illegal trade in elephant ivory once was.

A complaint quietly filed last month in Miami federal court accused an exporter based in the Florida Keys, Elite Sky International, of falsely labeling some 5,666 pounds of China-bound shark fins as live Florida spiny lobsters. Another company, south Florida-based Aifa Seafood, is also under criminal investigation for similar violations, according to two people on the condition of anonymity to discuss the ongoing probe. The company is managed by a Chinese-American woman who in 2016 pleaded guilty to shipping more than a half-ton of live Florida lobsters to her native China without a license.

The heightened scrutiny from law enforcement comes as Congress debates a federal ban on shark fins — making it illegal to import or export even foreign-caught fins. Every year, American wildlife inspectors seize thousands of shark fins while in transit to Asia for failing to declare the shipments.

___

This story was supported by funding from the Walton Family Foundation. The AP is solely responsible for all content.

___

While not all sharks are killed just for their fins, none of the other shark parts harvested in the U.S. and elsewhere — such as its meat, jaws or skin — can compete with fins in terms of value. Depending on the type of shark, a single pound of fins can fetch hundreds of dollars, making it one of the priciest seafood products by weight anywhere.

“If you’re going out of business because you can no longer sell fins, then what are you actually fishing for?,” said Whitney Webber, a campaign director at Washington-based Oceana, which supports the ban.

Since 2000, federal law has made it illegal to cut the fins off sharks and discard their bodies back into the ocean. However, individual states have wide leeway to decide whether or not businesses can harvest fins from dead sharks at a dock, or import them from overseas.

The legislation working its way through Congress would impose a near-total ban on trade in fins, similar to action taken by Canada in 2019. The legislation, introduced in 2017 by a bipartisan group of lawmakers, has majority support in both the House and Senate.

Among those opposing the proposed ban is Elite, which has hired lobbyists to urge Congress to vote against the bill, lobbying records show.

It’s not known where Elite obtained its fins. But in the criminal complaint, the company was also accused of sourcing lobster from Nicaragua and Belize that it falsely stated was caught in Florida. The company, affiliated with a Chinese-American seafood exporter based in New York City, was charged with violating the Lacey Act, a century-old statute that makes it a crime to submit false paperwork for any wildlife shipped overseas.

An attorney for Elite wouldn’t comment nor did two representatives of Aifa when reached by phone.

Overfishing has led to a 71% decline in shark species since the 1970s. The International Union for Conservation of Nature, a Switzerland-based group that tracks wildlife populations, estimates that over a third of the world’s 500-plus shark species are threatened with extinction.

Contrary to industry complaints about excessive regulations, the U.S. is hardly a model of sustainable shark management, said Webber. She pointed to a recent finding by the National Oceanic and Atmospheric Administration that less than 23% of the 66 shark stocks in U.S. waters are safe from overfishing. The status of more than half of shark stocks isn’t even known.

The situation in Europe is even worse: a new report from Greenpeace, called “Hooked on Sharks,” revealed what it said is evidence of the deliberate targeting of juvenile blue sharks by fishing fleets from Spain and Portugal. The report found that the U.S. is the world’s fourth-largest shark exporter behind Spain, China and Portugal, with exports of 3.2 million kilograms of meat — but not fins — worth over $11 million in 2020.

Webber said rather than safeguard a small shark fishing industry, the U.S. should blaze the trail to protect the slow-growing, long-living fish.

“We can’t ask other countries to clean up their act if we’re not doing it well ourselves,” said Webber.

She said the current laws aren’t enough of a deterrent in an industry where bad actors drawn by the promise of huge profits are a recurrent problem.

Case in point: Mark Harrison, a Florida fisherman who in 2009 pleaded guilty to three criminal counts tied to his export of shark fins, some of them protected species. He was ordered to pay a $5,000 fine and was banned from having anything to do with the shark fin trade for five years.

But federal prosecutors allege that he reconnected to associates of his former co-conspirators in 2013 in violation of the terms of his probation. He was arrested in 2020 on mail and wire fraud conspiracy charges as part of a five-year investigation, called Operation Apex, targeting a dozen individuals who also allegedly profited from drug trafficking. Prosecutors allege Harrison’s Florida-based Phoenix Fisheries was a “shell company” for individuals based in California, where possession of fins has been illegal since 2011.

As part of the bust, the Feds found documents about some 6 tons of shark fin exports and seized 18 totoaba fish bladders, a delicacy in Asia taken from an endangered species. They also seized 18,000 marijuana plants, multiple firearms and $1 million in diamonds — pointing to a criminal enterprise that transcended illegal seafood and stretched deep into the Mexican and Chinese mafia underworlds.

“This operation is about much more than disrupting the despicable practice of hacking the fins off sharks and leaving them to drown in the sea to create a bowl of soup,” Bobby Christine, then U.S. Attorney for the Southern District of Georgia, said at the time.

An attorney for Harrison declined to comment on the case, which has yet to go to trial. But unlike his co-defendants, Harrison isn’t implicated in any drug-related or weapons offenses. Supporters say he has complied with all laws and is being unfairly targeted by bureaucrats overlooking the key role he played in the 1980s, when sharks were even more threatened, developing the U.S. shark fishery.

“They appear to be using the current widespread empathy toward sharks for publicity and career advancement in what would otherwise be a very routine matter,” reads a website run by supporters seeking to raise $75,000 for a “Shark Defense Fund” to help Harrison fight the charges.

“In the process, they are seeking to tarnish Mark’s reputation and deal a blow to the American shark fishery,” according to the website, which was taken down after the AP started making inquiries.

Demian Chapman, who heads shark research at the Mote Marine Laboratory in Sarasota, Florida, said that the push to ban commercial fishing of sharks could backfire.

“If you subtract the U.S. from the fin trade entirely, it won’t do anything to directly affect international demand and it’s likely that other countries, with far less regulation of their fisheries, will fill the void,” said Chapman.

He said the bill introduced by Sen. Cory Booker, a Democrat of New Jersey, appears to be driven by “shark fans” — not “shark fins” — and those who want to see the fish species afforded the same very high level of protection afforded to marine mammals and sea turtles. He said few in the U.S. are involved in the cruel, wasteful practice of shark finning and that the U.S.′ role as a transit hub for fins can be remedied without punishing American fishers.

“There’s a disconnect between perceptions and reality,” said Chapman. “In the 25 years I’ve been studying sharks, they’ve gone from demon fish to a group of species that many people want to protect. This is great but we have to support science-based management measures that address the real problems.”

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Joshua Goodman on Twitter: @APJoshGoodman

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Contact AP’s global investigative team at Investigative@ap.org or https://www.ap.org/tips/
California not counting methane leaks from idle wells


This photo provided by Clark Williams-Derry, shows a well leaking methane on May 10, 2022, in a neighborhood on the outskirts of Bakersfield, Calif. After 21 idle wells, including this one, were found to be leaking methane — some of them explosive levels of it — in May and June, the California Air Resources Board told The Associated Press that it’s not tallying leaks from idle wells. (Clark Williams-Derry via AP)


California claims to know how much climate-warming gas is going into the air from within its borders. It’s the law: California limits climate pollution and each year the limits get stricter.

The state has also been a major oil and gas producer for more than a century, and authorities are well aware some 35,000 old, inactive oil and gas wells perforate the landscape.

Yet officials with the agency responsible for regulating greenhouse gas emissions say they don’t include methane that leaks from these idle wells in their inventory of the state’s emissions.

Ira Leifer, an independent scientist and CEO of Bubbleology Research International, said the lack of data on emissions pouring or seeping out of idle wells calls into question the state’s ability to meet its ambitious goal to achieve carbon neutrality by 2045.

Residents and environmentalists from across the state have been voicing concern about the possibility of leaking idle or abandoned wells for years, but the concerns were heightened in May and June when 21 idle wells were discovered to be leaking methane in or near two Bakersfield neighborhoods. They say that the leaking wells are “an urgent public health issue,” because when a well is leaking methane, other gases often escape too.

Leifer said these “ridealong” gases were his biggest concern with the wells.

“Those other gases have significant health impacts,” Leifer said, yet we know even less about their quantities than we do about the methane.

In July, residents who live in the communities nearest the leaking wells protested at the California Geologic Management Division’s field offices, calling for better oversight.

“It’s clear that they are willing to ignore this public health emergency. Our communities are done waiting. CalGEM needs to do their job,” Cesar Aguirre, a community organizer with the Central California Environmental Justice Network, said in a statement.

Robert Howarth, a Cornell University methane researcher, agreed with Leifer that the amount of methane emissions from leaking wells isn’t well known and that it’s not a major source of emissions when compared with methane emissions from across the oil and gas industry.

Still, he said, “it’s adding something very clearly, and we shouldn’t be allowing it to happen.”

A ton of methane is 83 times worse for the climate than a ton of carbon dioxide, when compared over twenty years.

A 2020 study said emissions from idle wells are “more substantial” than from plugged wells in California, but recommended more data collection on inactive wells at the major oil and gas fields throughout the state.

Robert Jackson, a Stanford University climate scientist and co-author on that study, said they found high emissions from some of the idle wells they measured in the study.

In order to get a better idea of how much methane is leaking, the state of California is investing in projects on the ground and in the air. David Clegern, a spokesperson for CARB, said the agency is beginning a project to measure emissions from a sample of properly and improperly abandoned wells to estimate statewide emissions from them.

And in June, California Governor Gavin Newsom signed a budget that includes participation in a global effort to slash emissions called the Methane Accountability Project. The state will spend $100 million to use satellites to track large methane leaks in order to help the state identify sources of the gas and cap leaks.

Some research has already been done, too, to find out how much methane is coming from oil and gas facilities. A 2019 Nature study found that 26% of state methane emissions is coming from oil and gas. A new investigation by the Associated Press found methane is billowing from oil and gas equipment in the Permian Basin in Texas and companies under report it.

Howarth said even if methane from idle oil and gas wells isn’t a major pollution source, it should be a priority not just in California, but nationwide, to help the country meet its climate pledges.

“Methane dissipates pretty quickly in the atmosphere,” he said, “so cutting the emissions is really one of the simplest ways we have to slow the rate of global warming and meet that Paris target.”

A new Senate proposal would provide hundreds of millions dollars to plug wells and reduce pollution from them, especially in hard hit communities.

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This story was first published on July 31, 2022. It was updated on August 2, 2022 to correct the affiliation of Ira Leifer. He is an independent scientist and CEO of Bubbleology Research International, an environmental research firm. He is no longer at the University of California Santa Barbara.

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Follow Drew Costley on Twitter: @drewcostley.

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The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Department of Science Education. The AP is solely responsible for all content.
Sandy Hook parents: Alex Jones claims created ‘living hell’

By JIM VERTUNO
August 1, 2022

1 of 12
Scarlett Lewis, mother of 6-year-old Sandy Hook shooting victim Jesse Lewis, testifies against Alex Jones Tuesday Aug. 2, 2022, at the Travis County Courthouse in Austin. Jones has been found to have defamed the parents of a Sandy Hook student for calling the attack a hoax. (Briana Sanchez/Austin American-Statesman via AP, Pool)


AUSTIN, Texas (AP) — Fighting back tears and finally given the chance to confront conspiracy theorist Alex Jones, the parents of a 6-year-old killed in the 2012 Sandy Hook Elementary School shooting described being put through a “living hell” of death threats, harassment and ongoing trauma over the last decade caused by Jones using his media platforms to push claims that it was all a hoax.

The parents led a day of charged testimony that included the judge scolding the bombastic Jones for not being truthful with some of what he said under oath.

Neil Heslin and Scarlett Lewis, whose son Jesse was killed at Sandy Hook, took the witness stand Tuesday on the final day of testimony in the two-week defamation damages trial against Jones and his media company Free Speech Systems. They are seeking at least $150 million in damages.

In a gripping exchange, Lewis spoke directly to Jones, who was sitting about 10 feet away. Earlier that day, Jones was on his broadcast program telling his audience that Heslin is “slow” and being manipulated by bad people.

“I am a mother first and foremost and I know you are a father. My son existed,” Lewis said to Jones. “I am not deep state... I know you know that... And yet you’re going to leave this courthouse and say it again on your show.”

At one point, Lewis asked Jones: “Do you think I’m an actor?”

“No, I don’t think you’re an actor,” Jones responded before the judge admonished him to be quiet until called to testify.

Lewis continued trying to impress on Jones that the Sandy Hook shooting and trauma inflicted in the decade since then were real.

“It seems so incredible to me that we have to do this — that we have to implore you, to punish you — to get you to stop lying,” Lewis said. “I am so glad this day is here. I’m actually relieved. And grateful... that I got to say all this to you.”

Jones visibly shook his head several times while Scarlett Lewis was addressing him.

Heslin and Lewis are among several Sandy Hook families who have filed several lawsuits alleging that Sandy Hook hoax claims pushed by Jones have led to years of abuse by Jones and his followers.

Heslin and Lewis both said they fear for their lives and have been confronted by strangers at home and on the street. Heslin said his home and car have been shot at. The jury heard a death threat sent via telephone message to another Sandy Hook family.

“I can’t even describe the last nine and a half years, the living hell that I and others have had to endure because of the recklessness and negligence of Alex Jones,” Heslin said.

Scarlett Lewis also described threatening emails that seemed to have uncovered deep details of her personal life.

“It’s fear for your life,” Scarlett Lewis said. “You don’t know what they were going to do.”

Heslin said he didn’t know if the Sandy Hook hoax conspiracy theory originated with Jones, but it was Jones who “lit the match and started the fire” with an online platform and broadcast that reached millions worldwide.

“What was said about me and Sandy Hook itself resonates around the world,” Heslin said. “As time went on, I truly realized how dangerous it was.”

Jones skipped Heslin’s morning testimony while he was on his show — a move Heslin dismissed as “cowardly” — but arrived in the courtroom for part of Scarlett Lewis’ testimony. He was accompanied by several private security guards.

“Today is very important to me and it’s been a long time coming... to face Alex Jones for what he said and did to me. To restore the honor and legacy of my son,” Heslin said when Jones wasn’t there.

Heslin told the jury about holding his son with a bullet hole through his head, even describing the extent of the damage to his son’s body. A key segment of the case is a 2017 Infowars broadcast that said Heslin didn’t hold his son.

The jury was shown a school picture of a smiling Jesse taken two weeks before he was killed. The parents didn’t receive the photo until after the shooting. They described how Jesse was known for telling classmates to “run!” which likely saved lives.

An apology from Jones wouldn’t be good enough, the parents said.

“Alex started this fight,” Heslin said, “and I’ll finish this fight.”

Jones later took the stand himself, initially being combative with the judge, who had asked him to answer his own attorney’s question. Jones testified he had long wanted to apologize to the plaintiffs.

“I never intentionally tried to hurt you. I never said your name until this came to court,” Jones said. “The internet had questions, I had questions.”

Later, the judge sent the jury out of the room and strongly scolded Jones for telling the jury he complied with pretrial evidence gathering even though he didn’t, and that he is bankrupt, which has not been determined. Plaintiff’s attorneys were furious about Jones mentioning he is bankrupt, which they worry will taint a jury decision about damages.

“This is not your show,” Judge Maya Guerra Gamble told Jones. “Your beliefs do not make something true. You are under oath.”

Last September, Guerra admonished Jones in her default judgment over his failure to turn over documents requested by the Sandy Hook families. A court in Connecticut issued a similar default judgment against Jones for the same reasons in a separate lawsuit brought by other Sandy Hook parents.

Heslin and Lewis suffer from a form of post-traumatic stress disorder that comes from constant trauma, similar to that endured by soldiers in war zones or child abuse victims, a forensic psychologist who studied their cases and met with them testified Monday.

Jones has portrayed the lawsuit against him as an attack on his First Amendment rights.

At stake in the trial is how much Jones will pay. The parents have asked the jury to award $150 million in compensation for defamation and intentional infliction of emotional distress. The jury will then consider whether Jones and his company will pay punitive damages.

The trial is just one of several Jones faces.

Courts in Texas and Connecticut have already found Jones liable for defamation for his portrayal of the Sandy Hook massacre as a hoax. In both states, judges issued default judgements against Jones without trials because he failed to respond to court orders and turn over documents.

Jones has already tried to protect Free Speech Systems financially. The company filed for federal bankruptcy protection last week. Sandy Hook families have separately sued Jones over his financial claims, arguing that the company is trying to protect millions owned by Jones and his family through shell entities.

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Associated Press writer Paul J. Weber contributed to this report.


Psychiatrist says Sandy Hook parents fear for their lives
By JIM VERTUNO
August 1, 2022

Alex Jones' lawyer Andino Reynal gives his opening statement to the jury, Tuesday, July 26, 2022, at the Travis County Courthouse in Austin, Texas.
 (Briana Sanchez/Austin American-Statesman via AP, Pool)

AUSTIN, Texas (AP) — The parents of a Sandy Hook Elementary School shooting victim live with a complex form of post-traumatic stress disorder and a constant fear that followers of conspiracy theorist Alex Jones will kill them, a psychiatrist testified Monday at Jones’ defamation trial.

Neil Heslin and Scarlett Lewis, the parents of 6-year-old Jesse Lewis, have sued Jones and his media company Free Speech Systems over the harassment and threats they and other parents say they’ve endured for years while Jones and his Infowars website claimed the 2012 attack that killed 20 first-graders and six school staffers was a hoax or faked.

“The overwhelming cause of their pain is what Jones is doing,” said Roy Lubit, a forensic psychiatrist hired by the plaintiffs to review the trauma faced by the parents.

The post-traumatic stress disorder the parents suffer from is not based on a single event, but on constant trauma, and is similar to that endured by soldiers in war zones or child abuse victims, Lubit said.
Heslin and Scarlett Lewis are consumed not just with the memory of their son’s horrific death, but the denials and attacks on them and their son’s legacy they’ve endured for years. He noted the security the parents hired to protect them at the two-week trial.

Lubit said Heslin has had guns fired at his home and has been accosted on the street. Scarlett Lewis told Lubit that she installed sophisticated surveillance equipment at her home and sleeps with a gun, a knife and pepper spray at her bedside.

Jones’ attorney Andino Reynal tried to attack the credibility of Lubit’s testimony and whether he is biased in favor of the parents, who are seeking at least $150 million in the case. He noted that Lubit briefly ran for Congress in Connecticut as a Democrat in 2018.

“You don’t like Alex Jones, do you?” Reynal asked.

“I don’t like what he does,” Lubit answered.

Mark Bankston, attorney for Heslin and Lewis, said the family has gone into isolation under a “large and professional security team” because of an incident that happened since the trial began. He did not provide details of what happened.

“They are in isolation and they are going to stay that way, and all I can tell you is they are terrified right now,” Bankston said.

Heslin and Lewis have have attended almost all of the trial since opening statements on July 26, and first arrived at the courthouse with a small security detail. They left the courtroom together Monday morning.

Michael Crouch, a Connecticut psychologist who has treated Heslin and Stewart, said the lies about a Sandy Hook hoax stole precious memories of their son.

“If Alex Jones, if he was spreading the belief, the lies, that Neil’s an actor, that means Jesse doesn’t exist. Which is crazy,” Crouch said. “You’re taking away what they know of their son, what they want to hold on to.”

Heslin and Lewis are expected to testify Tuesday as the final witnesses for their side.

Reynal said Jones will testify Tuesday in his own defense.

Monday’s testimony also included videotaped depositions from an Infowars reporter who said that at the website, there was no fact-checking, source-vetting, verifying information through second sources or training about journalistic standards.

Jones, who has attended only some of the trial, was not in the courtroom for Monday morning’s testimony.

The trial is in Texas because Jones lives in Austin and his media company, Free Speech Systems, is based there. The company filed for federal bankruptcy protection, though defense attorneys say that should not disrupt the trial, which is in its second week.

Free Speech Systems, which operates Infowars, listed $14.3 million in assets. That includes almost $1.16 million in cash and almost $1.6 million in property and equipment, as of May 31.

It also listed $79 million in liabilities, with a $54 million debt owed to PQPR Holdings.

Sandy Hook families have separately sued Jones over the $54 million debt listing, arguing that PQBR is a Nevada-registered company owned by Jones and his family through shell entities. That lawsuit in state court is still pending.

Courts in Texas and Connecticut have already found Jones liable for defamation for his portrayal of the Sandy Hook massacre as a hoax involving actors aimed at increasing gun control. In both states, judges issued default judgements against Jones without trials because he failed to respond to court orders and turn over documents.

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For more of the AP’s coverage of school shootings: https://apnews.com/hub/school-shootings


EXPLAINER: Is Alex Jones’ trial about free speech rights?

By MICHAEL TARM
yesterday

 Alex Jones, left, arrives at the Travis County Courthouse in Austin, Texas, on July 26, 2022, with a piece of tape over his mouth that reads "Save the 1st." He shook hands with his lawyer, Andino Reynal. Although Jones portrays the lawsuit against him as an assault on the First Amendment, the parents who sued him say his statements were so malicious and obviously false that they fell well outside the bounds of speech protected by the constitutional clause. 
(Briana Sanchez/Austin American-Statesman via AP, Pool, File)

CHICAGO (AP) — Conspiracy theorist Alex Jones arrived at a Texas courthouse for his defamation trial for calling the Sandy Hook Elementary School attack a hoax with the words “Save the 1st” scrawled on tape covering his mouth.

Although Jones portrays the lawsuit against him as an assault on the First Amendment, the parents who sued him say his statements were so malicious and obviously false that they fell well outside the bounds of speech protected by the constitutional clause.

The ongoing trial in Austin, which is where Jones’ far-right Infowars website and its parent company are based, stems from a 2018 lawsuit brought by Neil Heslin and Scarlett Lewis, whose 6-year-old son was killed in the 2012 attack along with 19 other first-graders and six educators.

Jones is expected to testify Tuesday in his own defense.

Here’s a look at how the case relates to the First Amendment:

ARE ALL DEFAMATION LAWSUITS FIRST AMENDMENT CASES?

They are. Defamation laws evolved through decades of U.S. Supreme Court rulings on what is and isn’t protected speech.

Typically, the first question jurors answer at trials is whether the speech qualifies as unprotected defamation. If it does, they address the question of damages.

Jones’ trial largely skipped the first question and went straight to the second. From the start, it focused not on whether Jones must pay damages, but how much.

WHY IS HIS TRIAL DIFFERENT?


Jones seemed to sabotage his own chance to fully argue that his speech was protected by not complying with orders to hand over critical evidence, such as emails, which the parents hoped would prove he knew all along that his statements were false.

That led exasperated Judge Maya Guerra Gamble to enter a rare default judgment, declaring the parents winners before the trial even began.

Judges in other lawsuits against Jones have issued similar rulings.

“I don’t know why they didn’t cooperate,” said Stephen D. Solomon, a founding editor of New York University’s First Amendment Watch. “It is just really peculiar. ... It’s so odd to not even give yourself the chance to defend yourself.”

It might suggest Jones knew certain evidence would doom his defense.

“It is reasonable to presume that (Jones) and his team did not think they had a viable defense ... or they would have complied,” said Barry Covert, a Buffalo, New York, First Amendment lawyer.

HAVE BOTH SIDES REFERRED TO THE FIRST AMENDMENT?

Yes. During opening statements last week, plaintiffs’ lawyer Mark Bankston told jurors it doesn’t protect defamatory speech.

“Speech is free,” he said, “but lies you have to pay for.”

Jones’ lawyer Andino Reynal said the case is crucial to free speech.

And Jones made similar arguments in a deposition.

“If questioning public events and free speech is banned because it might hurt somebody’s feelings, we are not in America anymore,” he said.

Jones, who had said actors staged the shooting as a pretext to strengthen gun control, later acknowledged it occurred.

WHAT ARE KEY ELEMENTS OF DEFAMATION?

Defamation must involve someone making a false statement of fact publicly — typically via the media — and purporting that it’s true. An opinion can’t be defamatory. The statement also must have done actual damage to someone’s reputation.

The parents suing Jones say his lies about their child’s death harmed their reputations and led to death threats from Jones’ followers.

IS IT EASIER FOR NON-PUBLIC FIGURES TO PROVE DEFAMATION?

Yes. They must merely show a false statement was made carelessly.

In New York Times v. Sullivan in 1964, the Supreme Court said the bar for public figures must be higher because scrutiny of them is so vital to democracy. They must prove “actual malice,” that a false statement was made “with knowledge that it was false or with reckless disregard of whether it was false or not.”

ARE THE PARENTS PUBLIC FIGURES?


Their lawyers say they clearly aren’t in the category of politicians or celebrities who stepped voluntarily into the public arena.

The high court, however, has said those who temporarily enter public debates can become temporary public figures.

Jones argues that Heslin did just that, entering the national debate over guns by advocating for tougher gun laws on TV and before Congress.

WHAT DAMAGES ARE BEING SOUGHT?

The plaintiffs are seeking $150 million for emotional distress, as well as reputational and punitive damages.

Reynal told jurors that his client has been punished enough, losing millions of dollars being booted off major social media platforms.

He asked them to award the plaintiffs $1.

CAN FIRST AMENDMENT ISSUES INFLUENCE THE TRIAL’S OUTCOME?

Indirectly, yes.

Jones can’t argue that he’s not liable for damages on the grounds that his speech was protected. The judge already ruled he is liable. But as a way to limit damages, his lawyers can argue that his speech was protected.

“Jurors could say (Jones’ defamatory statements) is actually something we don’t want to punish very hard,” said Kevin Goldberg, a First Amendment specialist at the Maryland-based Freedom Forum.

COULD JONES HAVE WON IF THE TRIAL WAS ALL ABOUT FREE SPEECH?

He could have contended that his statements were hyperbolic opinion — that wild, non-factual exaggeration is his schtick.

But it would have been tough to persuade jurors that he was merely riffing and opining.

“It was a verifiable fact the massacre occurred at Sandy Hook,” said Solomon. “That’s not opinion. It is a fact.” Even if the parents were deemed public figures, imposing the higher standard, “I think Alex Jones would still lose,” he said.

But Covert said defamation is always a challenge to prove.

“I wouldn’t discount the possibility Jones could have prevailed,” he said. “Trying to speculate what a jury would find is always a fool’s errand.”

MIGHT THE SUPREME COURT BE SYMPATHETIC TO ANY JONES APPEAL?

Conservatives and liberal justices have found that some deeply offensive speech is protected.

In 2011, the high court voted 8-to-1 to overturn a verdict against the Kansas-based Westboro Baptist Church for picketing military funerals with signs declaring that God hates the U.S. for tolerating homosexuality.

“As a Nation we have chosen ... to protect even hurtful speech ... to ensure that we do not stifle public debate,” the ruling said.

But it and the Jones case have key differences.

“The were both extreme, outrageous, shocking, deplorable. But the Westboro Baptist Church was also manifestly political and not defamatory ... not about any one person’s reputation” Goldberg said.

He added: “I’d be shocked if (Jones’) case ever ended up in the Supreme Court.”

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For more of the AP’s coverage of school shootings: https://apnews.com/hub/school-shootings


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