Thursday, January 09, 2025



Biden’s Offshore Drilling “Ban” Won’t Protect Gulf of Mexico From Oil Spills


Biden invoked the 2010 BP oil spill, but his ban doesn’t include the area of the Gulf where the spill occurred.

By Mike Ludwig , TruthoutPublishedJanuary 7, 2025
The sun sets over an oil platform waiting to be towed out into the Gulf of Mexico at Port Fourchon in Louisiana
Mark Ralston / AFP via Getty Images

Democrats in Congress cheered as President Joe Biden moved on January 6 to withdraw 625 million acres federal ocean waters off United States coastlines from consideration for future offshore oil and gas drilling. Democratic lawmakers say the waters are “permanently” protected, although Republicans could use their majority in Congress to force the government to lease underwater drilling rights to the industry.

However, Biden’s last-minute effort to secure his climate legacy before Donald Trump takes office does nothing to prevent offshore drilling in the central and western Gulf of Mexico, where intense fossil fuel exploitation already causes pollution and oil spills as climate change brings intensifying floods and storms to coastal communities.

In a statement, Biden called the massive BP oil spill that devastated the Gulf of Mexico in 2010 a “solemn reminder” of the risks offshore drilling poses to fisheries and coastal communities — but the area of the Gulf where the spill occurred is not protected under Biden’s executive action.

According to a White House fact sheet, Biden is using his authority under federal law to withdraw from future oil and gas lease sales all federal ocean waters off the East and West coasts, the eastern Gulf of Mexico, and additional portions of the Northern Bering Sea in Alaska. The Interior Department regularly leases vast swaths of public lands and waters to private companies for oil and gas production, including in the Gulf of Mexico, where the industry has left hundreds of out-of-use wells and drilling platforms to rust in the open sea.

Under Biden’s current executive action, the deep central region of the Gulf — where the deadly Deepwater Horizon explosion unleashed roughly 134 million gallons of oil in 2010 — will remain open for current and future oil and gas drilling, along with western Gulf waters off Texas and Louisiana.

Biden’s executive action withdrew federal waters in the Atlantic and Pacific Oceans, as well as the Eastern Gulf of Mexico, from leasing consideration for potential offshore oil and gas drilling.Bureau of Ocean Energy Management

During his first weeks in office, Biden attempted to temporarily pause offshore oil and gas leasing in the Gulf but was met with legal challenges from the industry. Biden’s latest executive action does protect the eastern Gulf, which the industry has eyed for years, but a moratorium on drilling meant to protect Florida’s tourism industry and pristine beaches has been in place for years and would have not expired until 2032.

Globs of oil and dead marine life from the 2010 oil spill still washed up on Florida beaches despite the moratorium on drilling in the eastern Gulf enacted by Congress in 2006. Tourism plummeted from Miami to New Orleans, Louisiana. Martha Collins, executive director of the watchdog group Healthy Gulf, said the Gulf of Mexico is one body of water that cannot be artificially divided by policymakers.

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By Mike Ludwig , Truthout September 22, 2016

“If your goal is to protect the eastern Gulf, then you have to protect the Gulf as a whole; you can’t dissect a huge body of water like this,” Collins said in an interview. “It strikes me that you are protecting one community versus another when all of the Gulf communities need protection from climate change and the devastating impacts of the oil and gas industry.”

Thanks to the fracking boom and the wealthy oil industry’s deep political influence, private companies are now producing more crude oil in the U.S. than any other nation on the planet at any time in history. Still, Trump has threatened to “unleash” the fossil fuel industry after slashing environmental regulations and enforcement during his first term.

Asked about offshore drilling by a conservative radio host on Monday, Trump called Biden’s last-minute move “ridiculous” and pledged to “unban” offshore drilling without detailing how he would do so. Federal courts have already upheld the president’s authority to restrict oil and gas leasing under Section 12(a) of the Outer Continental Shelf Lands Act.

Rep. Jared Huffman, the ranking Democrat on the House Natural Resources Committee, said Biden’s action on offshore drilling is “Trump-proof.”

“We know the President-elect will do everything in his power to enact his ‘drill baby drill’ agenda, but fortunately for us all, handing our oceans over to Big Oil billionaires will be off the table,” Huffman said in a statement on Monday.

However, the areas of ocean protected by Biden’s action were not on the table to begin with, at least not for the immediate future.

On the West Coast, California has had a moratorium on drilling in state waters since a devastating oil spill in 1969, and federal waters off of southern California were withdrawn from lease sales back in 1984. Modern oil and gas leasing has never occurred off the coast of Oregon and Washington, or in the Atlantic Ocean.

In Alaska, Biden’s ban on future offshore drilling leases will expand the Northern Bering Sea Climate Resilience Area by 44 million acres, protecting migrating marine life and coastal Indigenous communities. Biden previously enraged climate activists in 2023 when his administration approved the massive Willow oil project on pristine public lands in northern Alaska

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Biden has withdrawn nearly 45 million acres of federal waters off the coast of Alaska from consideration for leasing for future offshore oil and gas projects.
Bureau of Ocean Energy Management

Undoing Biden’s decision to withdraw hundreds of millions of acres of U.S. ocean waters from the oil and gas leasing program would likely require an act of Congress, and Republicans are already threatening to overturn the policy. Still, offshore drilling is extremely unpopular with voters, especially those living on or near the coast.

Trump encountered this political reality during his first term. At first, Trump pushed open nearly all U.S. coastal waters to offshore drilling before facing backlash, including in his home state of Florida. By 2020, Trump had agreed to temporarily ban drilling off the coasts of Florida, Georgia and South Carolina for 12 years. When signing the ban, Trump said drilling was “not going to happen” because “the people of Florida just don’t want it.”

If Trump were to work with Republicans in Congress to “undo” Biden’s ban on future offshore drilling leases, which region would he open up to the fossil fuels? Trump’s Mar-a-Lago resort is on the Atlantic side of Florida, so opening up the eastern Gulf — and west Florida’s coastal waters — to drilling would likely generate massive controversy. Trump supporters on the Atlantic and Pacific coasts may not appreciate the prospect of oil rigs going up off their shores either.

“It will be really interesting to see if he starts complaining about it and specifically, what he targets,” Miller said.

“Inexcusable”: Khanna Explains How Democrats Failed to Trump-Proof Labor Board

Democrats had the chance to secure a majority on the NLRB for two years into Trump’s term, but failed to do so.

January 8, 2025

Rep. Ro Khanna speaks to flight attendants, members, and supporters of the WGA and SAG-AFTRA on the picket line outside Netflix and Warner Bros. on August 17, 2023, in New York City.
Alexi Rosenfeld / Getty Images

Rep. Ro Khanna (D-California) has shined a light on how Democrats botched a recent chance to secure a majority on a top U.S. labor authority for the first two years of Trump’s upcoming term, in an “inexplicable and inexcusable” blunder that will likely have dire consequences for millions of workers for years to come.

On December 11, the Senate held a vote on renewing Democrat Lauren McFerran as National Labor Relations Board (NLRB) chair just days before her term expired. Labor advocates were outraged after news broke that the vote failed 49 to 50, with Senators Joe Manchin (I-West Virginia) and Kyrsten Sinema (I-Arizona), formerly Democrats, voted against reconfirming her for a five-year term.

If the Senate had confirmed McFerran, Democrats would have secured a 3-2 majority on the board for the next two years. Instead, Trump will likely nominate a Republican and flip the labor board, in “a huge setback for the hundreds of thousands of workers across this country organizing for a better contract,” Khanna said.

Labor advocates and progressives largely blamed Manchin and Sinema for the vote, as they were instrumental in taking away the Democrats’ majority. But, as Khanna revealed on Tuesday, Democratic leaders also played a key role in handing Republicans the majority.

In a thread on social media, Khanna said Democrats, in fact, had a window to confirm McFerran that morning, while Manchin and two Republicans were absent from the chamber. For 90 minutes, Democrats had the opportunity to call in Vice President Kamala Harris to act as a tie-breaking vote for the confirmation, which needed only to pass with a simple majority. Instead, Senate leaders delayed the vote for “no reason,” Khanna said, and allowed Manchin to return and tank the vote.

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That morning, Democratic leaders like Senate Majority Chuck Schumer (D-New York) “failed to get word to Vice President Harris quickly enough to come and deliver the tie-breaking vote,” Khanna explained.

“These procedural blunders have massive implications for the American people, who deserve better from their elected officials. American workers deserve an explanation,” Khanna went on. “It will hurt the young folks organizing at Starbucks and the workers organizing at Amazon. It’s inexcusable and inexplicable that we did not prioritize confirming the NLRB appointees like we do federal judges and have ceded the Board two years before we needed to.”

Khanna also pointed out that Senate Health, Education, Labor and Pensions Chair Bernie Sanders (I-Vermont) had advanced McFerran’s confirmation at the beginning of August, giving Democrats plenty of time to reconfirm her.

Labor unions have denounced the failure to reconfirm McFerran. The AFL-CIO said the vote was not about McFerran or her qualifications, but about “reversing generations of progress workers have made toward building a fairer and more just economy.”

In recent years, there has been a massive groundswell of labor activity as organizers, especially young ones, have waged landmark unionization campaigns, spurring a historic upturn in union and labor activity, with union elections doubling throughout Joe Biden’s term. In this time, the labor board has made several major rulings tilting the scales back in favor of workers in an environment otherwise extremely hostile to workers’ rights.

Trump and his corporate and conservative allies have pledged to attack labor rights and defang the NLRB. Trump’s first term offered a preview of this; in 2020, for instance, the NLRB under Trump overturned a 70-year precedent that protected workers for occasional use of strong language.

COVID Rates Are Up in What Experts Are Calling a “Silent Surge” Across the US

"There’s a good chance that a lot of people are going to get sick in the next couple of weeks," one expert predicted.
January 6, 2025

People read directions for a home PCR Covid test in an apartment in Atlanta, Georgia, on August 31, 2024.
Kendrick Brinson for The Washington Post via Getty Images

Rates of coronavirus across the U.S. are increasing at higher levels than usual, an unexpected surge that is leading some health experts to state that the COVID-19 pandemic is “still ongoing.”

By all measures of the virus, COVID rates are rising rapidly, with notable increases in test positivity, emergency room visits and hospitalizations in general, as well as deaths and wastewater monitoring indicators. What’s worse, only one-fifth of Americans have received the latest round of boosters for coronavirus.

Rates appear to be increasing as more people have been gathering for end-of-year holiday celebrations without taking proper precautions to guard against COVID. Trends for the virus began to shift at the start of December, just after the Thanksgiving holiday, with rates steadily increasing up to the week of December 21.

Those trends are likely to continue: A forecasting model for COVID estimates that an individual attending a Christmas gathering of 10 people has a 1 in 8 chance of COVID exposure. For a person who traveled on a plane of 100 people to reach their holiday destination late last month, that likelihood of exposure increased to a 3 in 4 chance.

“There’s a good chance that a lot of people are going to get sick in the next couple of weeks and be unaware of it,” said Michael Hoerger, professor at Tulane University School of Medicine, speaking to NBC’s “The Today Show” about the matter. “Most people are not tracking CDC data, and so their only way of knowing whether we’re in a wave is if they’ve gotten sick.”

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Trump Picks Conspiracy Theorist RFK Jr. to Oversee the Country’s Public Health
“There’s no telling how far back” Kennedy could set America, said Washington Democratic Sen. Patty Murray. By Chris Walker , TruthoutNovember 15, 2024


“The COVID pandemic is still ongoing. It’s still dangerous. … As this new administration comes about, everyone in public health and in public health communication has to be just exceedingly clear” that COVID is still a threat, said Yale School of Public Health biostatistician Jeffrey Townsend, speaking to The Guardian about the rising rates.

Unfortunately, the incoming Donald Trump administration — most notably, Trump’s nominee to become head of the Department of Health and Human Services, Robert F. Kennedy Jr. — is unlikely to heed these warnings.

Kennedy specifically has pushed a number of falsehoods and conspiracy theories relating to coronavirus, including conspiracy theories based on racism. Kennedy once claimed, for example, that COVID targets “Caucasians and Black people” and that the “most immune” people to the virus were “Ashkenazi Jews and Chinese.”

Kennedy has also peddled the lie that COVID-19 vaccines are unsafe and ineffective, despite trustworthy data repeatedly showing the opposite is true. By pushing these falsehoods, Kennedy and the Trump administration could do significant harm to the American populace.

“If RFK has a significant influence on the next administration, that could further erode people’s willingness to get up to date with recommended vaccines,” former Surgeon General Jerome Adams said last fall. “I am worried about the impact that could have on our nation’s health, on our nation’s economy, on our global security.”
Big Agriculture Is Leading US Into the Bird Flu Abyss

The federal government’s deference to agriculture industry interests has put the US at risk of a public health crisis.

By Schuyler Mitchell
January 6, 2025

Cows from a non-suspect herd are milked at the Cornell Teaching Dairy Barn at Cornell University on December 11, 2024, in Ithaca, New York.
Michael M. Santiago / Getty Images

We might have just rung in a new year, but it feels like an epidemiological Groundhog Day. Nearly five years since COVID-19 was declared a global pandemic, public health experts are once again sounding the alarm. This time, it’s the H5N1 virus — also known as avian influenza, or bird flu — that’s causing concern. Even though federal officials have had ample time to stymie the spread, the last 10 months have seen the virus jump virtually unabated from state to state, infecting cattle herds, poultry, pigs and people. There’s still no proof that bird flu can be transmitted between humans, but if the virus continues on its current trajectory, experts warn that we could be facing a devastating pandemic of COVID-19 proportions, at minimum. And, just as in 2020, the U.S. stands to face the next major viral outbreak with none other than President Donald J. Trump at the helm.

It didn’t have to be this way. H5N1, which has been around for decades, was first observed infecting humans in 1997. But last March marked a new turning point: The U.S. reported its first confirmed bird flu outbreak in dairy cattle. Since mammal-to-mammal transmission of the virus is rare, its spread among cows raised immediate red flags for epidemiologists. Still, the U.S. Department of Agriculture (USDA) launched a containment effort that critics called slow and fragmented. Within a month, more than 30 dairy herds across eight states had tested positive for the virus.

In April 2024, Zeynep Tufekci, a Princeton University professor who wrote a series of columns on the government’s poor COVID-19 response in 2020 and 2021, published a new op-ed titled, “This May Be Our Last Chance to Halt Bird Flu in Humans, and We Are Blowing It.”

“There’s a fine line between one person and 10 people with H5N1,” Rick Bright, an immunologist who served on President Joe Biden’s COVID-19 advisory board, told Tufekci at the time. “By the time we’ve detected 10, it’s probably too late.”

As of January 3, 2025, the Centers for Disease Control (CDC) has confirmed 66 bird flu cases in humans. One person in the U.S. has died after being infected, according to state officials in Louisiana, where the patient was hospitalized. At least 915 dairy herds across 16 states have now tested positive for the virus. In October, the first known bird flu infection in a pig was reported in Oregon. In late December, an animal sanctuary in Washington went into quarantine after the virus killed 20 big cats.

Recent in-depth reporting from KFF Health News provided a disturbing overview of how the U.S. has stumbled headfirst into another public health emergency, thanks in large part to the federal government’s deference to agriculture industry interests. Fearing financial setbacks from lost milk production, many farmers declined to test their herds when the outbreak began, monitor their employees for illness or allow health officials to inspect their herds. Farmworkers told KFF they’d received scant information on protective gear and testing. When the USDA was permitted on farms, officials dragged their feet when sharing information with scientists from the genome testing, according to The New York Times.

Crucially, the USDA didn’t announce a federal mandate to test milk for bird flu until December — months after the virus had already taken hold of hundreds of dairy farms. “The agriculture community has dictated the rules of engagement from the start,” Michael Osterholm, director of the Center for Infectious Disease Research and Policy at the University of Minnesota, told KFF. In other words, Big Ag may be leading us into the bird flu abyss.

The agriculture industry, after all, has a substantial voice in the U.S. government. From 2023 to 2024, agribusiness PACs contributed nearly $30 million to political candidates, according to OpenSecrets data, and the industry’s trade groups spent more than $130.5 million lobbying the federal government. More than half of registered agribusiness lobbyists in 2024 were former government employees, a phenomenon known as the revolving door. Biden’s Secretary of Agriculture Tom Vilsack, who previously served in the position under President Barack Obama, has also received scrutiny as a “revolver.” In between his two stints as USDA head, Vilsack held a dairy industry lobbying position, receiving a salary of nearly $1 million as vice president of Dairy Management, Inc. When asked by reporters at the World Dairy Expo in October, Vilsack did not rule out another potential stint as a dairy lobbyist after he leaves office.

Adding fuel to the bird flu fire is the stand-off between federal agencies and state agriculture officials. Despite the USDA’s lax approach, some states have pushed back against federal intervention. “They need to back off,” Texas Agriculture Commissioner Sid Miller told Politico in May, referring to the CDC’s efforts to track and contain the virus on Texas farms. Texas, the first state where bird flu was detected in dairy herds, didn’t invite the CDC to conduct epidemiological field studies, and Miller, a former rodeo cowboy, was considered a frontrunner for Trump’s Secretary of Agriculture. In mid-November, as the bird flu crisis continued to worsen across U.S. dairy farms, Miller published an op-ed on the Texas Department of Agriculture’s website criticizing the government’s regulation of raw milk.

“​​There’s nothing more American than the freedom to choose what kind of food you eat,” Miller wrote. “The government should educate and inform about potential risks but leave it to the people to decide what is best for them and their families.”

The sale of raw milk — milk that hasn’t undergone the pasteurization process, which kills harmful bacteria and viruses such as bird flu — is banned in 20 states. While the dairy product has seen a surge of interest in recent years, particularly among anti-establishment conservatives, health experts overwhelmingly say that the potential harms outweigh the benefits.

California, which allows the retail sale of raw milk, has already announced two recalls after detecting bird flu in commercial samples. The last thing that the U.S. needs amid a burgeoning dairy industry-fueled public health crisis is raw milk deregulation. And so it’s deeply depressing that Trump has picked Robert F. Kennedy Jr. — a raw milk proponent and vaccine skeptic — to head the U.S. Department of Health and Human Services (HHS), the agency that oversees the various entities key to combatting public health crises, including the CDC and the Food and Drug Administration (FDA).

In fact, the head of one of the California raw milk farms at the center of a bird flu recall said that RFK Jr. encouraged him to apply for a position within the FDA. Mark McAfee, the chief executive of Raw Farm, told the Los Angeles Times in December that, at RFK Jr.’s request, he had applied for the position of “FDA advisor on raw milk policy and standards development.”

The bungled bird flu response cuts deep because the COVID-19 pandemic was so recent — and its effects continue to linger. Trump was rightly condemned for his mishandling of that public health emergency. In fact, Bright — the top vaccine scientist who spoke to Tufekci about bird flu last April — was ousted by Trump from his role as director of the Biomedical Advanced Research and Development Authority, the agency responsible for fighting emerging pandemics, in April 2020.

The following year, Bright settled a whistleblower complaint he’d filed against Trump’s HHS. Bright alleged he had been demoted as an act of retaliation, after he had declined to promote unproven COVID-19 treatments like hydroxychloroquine, and after his early warnings to the Trump administration about the pandemic were ignored.

The Biden administration has failed to mount what experts would call a formidable or adequate response to the bird flu outbreak. Even more concerning, though, is that Trump’s all-too-recent record shows us he’s unlikely to do any better.

Editor’s note: This piece has been updated to reflect the first reported U.S. bird flu death.
60 Years After Assassination of Malcolm X, 
a Lawsuit Aims to Uncover the Truth


The outcome of this lawsuit will have broad ramifications for movements facing state surveillance and repression today.
PublishedJanuary 6, 2025

Malcolm X's daughter IIyasah Shabazz joins civil rights attorney Ben Crump (left) at a news conference on July 25, 2023, in New York City.
Spencer Platt / Getty Images

A major lawsuit has been filed by leading civil rights attorneys on behalf of the daughters of Malcolm X in an effort to litigate claims of state complicity in the 1963 murder of the Black revolutionary leader.

The suit comes in the wake of a reinvestigation that led to critical exonerations of two of the alleged killers in 2021. The outcome will turn on proving the U.S. government’s role in allowing the assassination to happen — to the extent, new evidence suggests, of actively facilitating it.

The Shabazzes’ lawsuit is being pursued by a vaunted and highly regarded legal team, at the head of which are attorneys Benjamin Crump and G. Flint Taylor. In the $100 million suit, known as Malcolm X Shabazz et al. v. USA, the defendants are listed as the United States of America, the City of New York and none other than J. Edgar Hoover, among many more named NYPD, FBI and CIA agents or their estates. These organizations are accused of obscuring and influencing, by various means, the circumstances around Malcolm X’s death.

As such an imposing set of defendants would suggest, the lawsuit is a legal gesture of historic proportions. Winning this complaint will require challenging an edifice of complicity, corruption and secrecy, and ascertaining truth in the face of both intentional concealment by state agents and the blurring of objectivity that accompanies such long reaches of time. Nevertheless, the legal teams are pursuing the case with vigor — for Malcolm X’s living family and for posterity, accountability and historical justice.

When Malcolm X was assassinated by volleys of gunfire 59 years ago, on February 21, 1965, he was standing onstage to speak before a crowd in New York City’s Audubon Ballroom. His wife, Betty Shabazz, and his daughters, including then-2-year-old Ilyasah Shabazz, were both present at that horrific scene.

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Yet also among the audience that day, recent investigations have indicated, were a number of government informants, federal agents and police officers. Their failure to stop the killing, as well as glaring signs of state influence over the circumstances, has long cast official narratives in considerable doubt.


Despite falsely reassuring claims to the contrary, coordinated state surveillance and subversion, particularly of leaders on civil rights and racial justice, is far from a thing of the past.

Whatever the ultimate outcome — if state complicity can be proven in open court, if these renewed hopes of justice can outlast the impositions of time and unaccountable power — the consequences of this lawsuit will not be confined to posterity alone; its concerns remain resonant with contemporary politics. After all, despite falsely reassuring claims to the contrary, coordinated state surveillance and subversion, particularly of leaders on civil rights and racial justice, is far from a thing of the past.
Taking Up the Mantle

Benjamin Crump, a lead attorney on the Shabazz case, is one of the nation’s most prominent and accomplished civil rights lawyers. Crump has previously taken on the cases of George Floyd, Breonna Taylor, Michael Brown, Trayvon Martin, residents of Flint, Michigan, harmed by the water crisis, and many more.

“Anytime you fight for justice for people of color, it’s an obstacle,” Crump commented to Truthout by phone. “And if you think about the fact that we’re bringing a case 59 years later, then you add in all kinds of hurdles and impediments to justice. But we’re up for the job.”

Crump’s team is working in collaboration with veteran advocate G. Flint Taylor of the People’s Law Office, along with members of the Innocence Project and other collaborators at the firm Beldock Levine & Hoffman. Taylor is known for successfully winning litigation against Chicago police and the FBI on behalf of assassinated Black Panther leader Fred Hampton, as well as reparations for victims of the Chicago police torture cases.


Ominous Signs

In the weeks before his death, Malcolm X had known — and had been claiming to the media and all those around him — that attempts on his life were imminent. Indeed, initial attacks were both threatened and attempted over that timespan — until on February 21, when the worst outcome, as so many had feared and Malcolm X had predicted, was ultimately realized.

The longstanding narrative, based on the findings of the original prosecution, was that the murder was the work of Malcolm X’s former comrades in the Black separatist Nation of Islam (NOI), who were infuriated by his condemnations of his onetime organization and the failings of its leader, Elijah Muhammad. Yet, while the surface-level threat did emanate from the NOI, and it was NOI associates that ultimately fired on him and took his life, Malcolm X himself had already warned his inner circle and the public that there would be more to the story of his own impending death.

“This case is about the corrupt, unlawful, and unconstitutional relationship between law enforcement and ruthless killers that went unchecked for many years and was actively concealed, condoned, protected, and facilitated by governmental agents.”

Three killers were initially implicated. But after six decades, during which significant doubts were raised about the guilt of two of the three men convicted for the killings, startling new evidence came to light. Despite their alibis and strong evidence of their innocence, within days of the murder, Thomas 15X Johnson (aka Khalil Islam) and Norman 3X Butler (aka Muhammad Aziz) had been arrested by the NYPD; both were later convicted. The third arrestee, also convicted and never exonerated, was Thomas Hagan (aka Talmadge X and Mujahid Abdul Halim), who was caught at the scene after firing at the civil rights leader. In 1977, Hagan testified to the other two men’s innocence, and long maintained that they were not involved.

Nevertheless, it took over half a century and nearly two years of investigation by New York County District Attorney Cyrus Vance Jr., together with the Innocence Project and other attorneys, to prove the innocence of Johnson and Butler, producing a remarkable reversal: in 2021, both of their convictions were overturned. Johnson had already died in prison as an innocent man, but Butler was freed and later awarded tens of millions in a settlement. Their exoneration was made possible by newly presented evidence indicating that crucial facts substantiating their innocence were deliberately obscured by prosecutors, the FBI and the NYPD during the trial.

Per the current lawsuit’s complaint filing, which was reviewed by Truthout, “Vance took the unprecedented step of apologizing for ‘serious, unacceptable violations of law and the public trust,’ and revealed a number of crucial NYPD and FBI documents that had been fraudulently concealed for more than 56 years.”
Beyond Exoneration

This proof, at long last, of the state’s efforts to frame Johnson and Butler naturally raised serious uncertainties about government motives and the real forces behind the killing. The current lawsuit undertaken by Crump, Taylor, and their legal team is based on new evidence that includes unearthed documents from COINTELPRO (the FBI’s infamous “Counter-Intelligence Program”) and other agency and NYPD sources; the discovery of this evidence has empowered the plaintiffs and their attorneys to credibly allege that those organizations had a directing role in the assassination, and in later covering it up.

In the complaint filed by the legal team, they elucidate their claims against the state in great detail. “This case is about the corrupt, unlawful, and unconstitutional relationship between law enforcement, including the Defendants herein, and ruthless killers that went unchecked for many years and was actively concealed, condoned, protected, and facilitated by governmental agents,” reads the introductory text of the complaint, with the perpetrators “including, but not limited to, the Defendants and their agencies, ultimately leading to the orchestrated murder of Malcolm X.”

Attorney Benjamin Crump elaborated on these charges during his conversation with Truthout. For instance, the false accusation and arrests of Johnson and Butler, the legal team alleges, were “part of the manipulation of the FBI and COINTELPRO. That’s not only our theory — there’s very strong COINTELPRO documents that lead to that conclusion. And that’s why J. Edgar Hoover and many of his agents and important supervisors in Washington are named as defendants in our lawsuit, because of COINTELPRO and as it was directed against Malcolm and Elijah Mohammed of the Nation of Islam,” Crump said.


“We believe it was entrapment.”


As Johnson and Butler were exonerated by the separate 2021 investigation, this lawsuit enters new terrain. To begin with, the complaint charges that the NYPD was aware of the imminent threat to the life of Malcolm X, “yet failed to intervene on his behalf.” Ominously, the NYPD revoked the police detail that had been afforded to Malcolm X in the wake of death threats. In addition, the complaint alleges, “the NYPD, in coordination with Federal Defendants, intentionally removed their officers from inside the ballroom where Malcolm X was assassinated.”

More egregiously still, there is evidence that the state coordinated to neutralize Malcolm X’s own nonpolice security detail. As Crump further explained to Truthout, Raymond Wood, a police informant and infiltrator, “implicated Malcolm’s bodyguards. Two of them have now come forward and given us affidavits. These are older Black men, who’d never really spoken publicly at all about this. But he implicated them in some plot to blow up the Statue of Liberty.” The guards were arrested on suspicion of this cartoonish plot.

Not only was this accusation outlandish — police would later recycle the farcical idea and attempt to pin it on others. Said Crump, “It’s crazy. They used the same allegation to go after so many Black leaders in New York. They can’t come up with anything new. They used it on his two security guards, a week before he got assassinated — we argued, to get them out of the picture. And then they used it on the Black Panthers in New York!”

Wood, the informant, was the one who had in fact urged the bodyguards to pursue this attack. “We believe it was entrapment,” added Crump. A deathbed confession by Wood of the orders of his NYPD and FBI handlers is a key piece of evidence in proving that claim and the agencies’ broader involvement.

It turned out that Malcolm X’s entourage, his bodyguards, the Nation of Islam, and many parties involved had been thoroughly infiltrated by police and the FBI. (In general, COINTELPRO had files on and prosecuted campaigns against effectively all major rights organizations and Black civil rights leaders and even cultural figures.)

As a result, both informants and official agents of the police and FBI were present at the assassination. The lawsuit complaint charges that “the Federal Defendants had personnel, including undercover personnel, in the ballroom during the assassination and they failed to protect Malcolm X from a known harm.” Taken together, and on the evidence of irrefutable disclosures, the complaint claims the state’s actions point to clear motive: “the Federal Defendants encouraged the assassination of Malcolm X.” Then, “they engaged in a decades-long effort to cover up their malfeasance.”
Long Odds on a Long Road

Despite the reams of evidence available, charging the nation’s most powerful and secretive federal agencies will be no easy feat. Yet the significance of such an effort, to the Shabazz family and to history, justifies the inordinate difficulty. Reached by Truthout, G. Flint Taylor of the People’s Law Project, co-counsel on the case, said, “We’re definitely up for the task. An admission, with some kind of significant compensation to the daughters and family of Malcolm X, would go a long way towards righting the grievous human rights wrong that we all agree on at this point. There was a grievous wrong here, the government was implicated, the NYPD was implicated.”

Taylor continued, “Just because they have destroyed some of the evidence over these many decades, and some of the witnesses may have died over the decades, doesn’t mean that at this point the powers that be can’t look at this, particularly as a question of reparations and ultimate justice, rather than just a legal case.”


The campaign to disrupt and destroy Black organizing (as well as left organizing in general) has never stopped.

Despite what many mainstream commentators would insist, the state has not willingly and compassionately changed its ways. Campaigns like COINTELPRO have not ceased; they have only mutated. Police and federal investigators remain the instruments of an oppressive state. As Crump commented, “You talk about them targeting these identity groups, these racial identity groups, and with Malcolm X, the Nation of Islam, and Martin Luther King and the Southern Christian Leadership Conference 50 years ago. But today, it’s Black Lives Matter and other young Black leaders who have been targeted. That’s why it’s so important.”

Indeed, there is abundant evidence of the continuation of similar tactics against Black organizers and the left by federal and local law enforcement (to say nothing of the incessant daily barrage of murders of Black people by police.) Rule changes and loosened protections have enabled all manner of tactics, from warrantless surveillance, infiltration via the use of informants and agents provocateurs, and countless other schemes known and unknown.

Kamau Franklin is an organizer with decades of experience and the founder of Community Movement Builders, as well as a writer, former attorney and campaign director, among other things. As Franklin commented to Truthout by email, “From the position of someone who organizes today and has done some study of how COINTELPRO worked, it is obvious that the campaign to disrupt and destroy Black organizing (as well as left organizing in general) has never stopped. We continue to see stories of informants attempting to entrap organizers, the labeling of Black organizing as ‘Black Identity Extremists.’”

Franklin brought up the case of the Uhuru 3, Black socialist organizers raided and arrested late last year in Florida on spurious charges of spying for Russia; they were convicted on one charge of conspiracy, but, in a victory for free speech, received only probation. (Police carrying out such raids on leftists inevitably evoke the days of A. Mitchell Palmer.)

Franklin also cited the egregious charges of “domestic terrorism” levied against Cop City protesters.

Such practices are “a clear extension of COINTELPRO tactics and strategies into the modern era,” Franklin said. Programs resembling COINTELPRO are “deployed against our movements today.”

The Shabazz case evinces these longstanding tensions. As Benjamin Crump concluded, “Black people in America have got to have some account for the intentional violence and discrimination and oppression against them. The fact that Betty Shabazz went to her grave never ever getting any real measure of justice. … Nothing will replace what was taken from them, and what they’ve had to experience for all of these decades. But I believe it would give some small measure of vindication to get justice.”

Thanks to the efforts of Betty Shabazz, the very same Audubon Ballroom where the event took place has been partially transformed into the Shabazz Center — a museum and a memorial to Malcolm X. There, standing beside Benjamin Crump at a November press conference announcing the lawsuit, Ilyasah Shabazz spoke of her mother Betty, who “turned this place, which represented trauma and tragedy,… into a place of triumph — not for herself but for others, to be the beneficiaries of my father’s work. For this young generation to carry his work forward, so we can get a semblance of truth and justice for all of those who have been wrongfully murdered.”

She continued, “I’m grateful to stand here with my sisters, and with a competent group of legal experts, as we seek justice for the assassination of our father. The truth will be recorded in history.”


This article is licensed under Creative Commons (CC BY-NC-ND 4.0), and you are free to share and republish under the terms of the license.

Tyler Walicek is a freelance writer and journalist in Portland, Oregon.
Congressional Black Caucus marks historic firsts as its membership hits record


Members of the Congressional Black Caucus raise their right hands as they are being sworn inby New York Attorney General Letitia James on Friday, Jan. 3, 2025 in Washington, D.C. 
(William J. Ford/Maryland Matters)

January 06, 2025


WASHINGTON, D.C. – With a record 62 elected Black officials, including historic firsts of two women senators and two representatives from Alabama, the Congressional Black Caucus held a swearing-in ceremony Friday morning before members took the oath of office for the 119th U.S. Congress.

Democrats Angela Alsobrooks of Maryland and Lisa Blunt Rochester of Delaware will represent the first time two Black women will serve together in the U.S. Senate.

The caucus also marked the historic election of two Black U.S. House members from Alabama serving at the same time. Incumbent Rep. Terri Sewell has been joined by Shomari Figures, who was elected in November to represent the new 2nd Congressional District. Following a lawsuit, a federal court ordered the state in 2022 to draw a second “opportunity district” to provide a chance for Black voters to select their preferred candidate. The U.S. Supreme Court upheld the lower court’s ruling in 2023.

Sewell, a Democrat, recalled how the caucus was first established in 1971 with 13 members – 12 men and one woman. Today, a total of 67 Black lawmakers serve in Congress, the largest contingent ever on Capitol Hill.

But the five Republicans – Sen. Tim Scott of South Carolina and Reps. Byron Donalds of Florida, Wesley Hunt of Texas, John James of Michigan and Burgess Owens of Utah – are not members of the Congressional Black Caucus and didn’t attend the ceremony. All are ardent supporters of Republican President-elect Donald Trump. With the GOP in control of the House and Senate, they have stated their support for Trump’s future policies and even a few of his controversial statements.

Although the Black caucus isn’t tied to a political party, the Democratic members said they will continue to challenge legislation they deem will negatively affect Black Americans.

“Today, we renew our pledge to fight racism where it exists, to weed out inequities in health care, the criminal justice system, education, voter access, and so many rights and benefits that are part and parcel of what it means to be Americans,” said Sewell, who serves as chair of the Congressional Black Caucus Foundation’s board of directors. “We, in the Congressional Black Caucus, stand ready for the task ahead.”

Rep. Glenn Ivey, a Maryland Democrat, said he’s concerned about the Trump administration or his appointees using the U.S. Justice Department to get back at people they think are enemies. “That’s not the role of the Department of Justice,” he said. “Protecting the rule of law is what we’ve got to make sure happens now and going forward.”

Ivey said that one way to combat Trump and his congressional allies is looking ahead to the 2026 midterm elections.

“I can remember back a few years ago where the Republicans controlled the White House, the Senate and the House. A few years after that, [then U.S. Sen.] Barack Obama got elected president, and we took back control of the Senate and the House,” Ivey said after the ceremony. “So a setback is a set up for a comeback. We’re ready to come back.”

Hundreds of family members, friends and supporters attended the ceremony at The Anthem including Marc Morial, president and chief executive officer of the National Urban League.

Morial said in an interview just because Trump will be president doesn’t mean the caucus stops its advocacy work.

“They should say to the president, ‘if you want to meet us halfway on important priorities like voting rights, elimination of poverty, we will not say no,’” Morial said. “But if your plan is to administer solely to your MAGA base, we will lead the resistance.”


Virginia Mercury is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Samantha Willis for questions: info@virginiamercury.com.
ANOTHER RIGHT WING ILLEGAL MIGRANT

Trump nominates member of Nazi-linked group to senior-level national security post


Image via Wikimedia Commons.

ALTERNET

A former aide to President-elect Donald Trump in his first administration has just received a high-profile appointment to the White House National Security Council (NSC) — despite being a member of a far-right group with ties to Nazi Germany.

Politico reported Friday that Sebastian Gorka has been hired as deputy assistant to the president and the NSC's senior director of counterterrorism. Gorka had been angling to be deputy national security advisor, though Trump ended up appointing Alex Wong, who was a State Department official in the first Trump administration.
In 2017, NBC News reported that Gorka was photographed wearing a medal associated with the Hungarian organization Vitezi Rend (which translates to "valiant order"), and that he occasionally signs his name with a lowercase "v" which order members use as an identifier. NBC also cited Jewish newspaper the Forward's report that three Vitezi Rend leaders confirmed that Gorka was a lifelong member.

READ MORE: 4 appalling facts about Fox News' latest hire, Sebastian Gorka

The Forward reported in early 2017 that the State Department described Vitezi Rend as having been "under the direction of the Nazi Government of Germany." During World War II, members of the group helped deliver hundreds of thousands of Hungarian Jews into the hands of the Hitler regime, which massacred nearly all of them. The group's founder, Admiral Miklos Horthy, was a "self-confessed anti-Semite" who ruled Hungary for 24 years.

According to the Forward, Gorka did not disclose his membership in the group when he emigrated to the U.S. in 2012, as the State Department says Vitezi Rend member "are presumed to be inadmissible" under the Immigration and Nationality Act. Leaders of Vitezi Rend say members take a lifelong oath of loyalty to the group.


Gorka argued at the time that he wore the Vitezi Rend medal to honor his father, who won it in his opposition of Hungary's communist government that ruled between 1949 and 1989. But the Anne Frank Center for Mutual Respect doubted that explanation and called for a formal investigation into Gorka.

"How many ducks in the Trump White House must walk, talk and quack Anti-Semitically before our country wakes up and sees the greater problem?" the organization told NBC News. "Who among us wears a medal of a Nazi-sympathetic organization to remember loved ones?"

READ MORE: Proud Boys wreak havoc on DC as Mike Flynn, Sebastian Gorka and others rally Donald Trump loyalists

Like other Trump Cabinet appointees, Gorka is a Fox News personality, and joined the network after leaving the Trump White House in 2017. However, he left Fox just two years later to host his own show on the conservative Salem Radio Network. Gorka — a friend of Fox primetime host Sean Hannity — told the Hollywood Reporter he would still be an occasional guest on Hannity if called upon.

"I’m still supporting Sean Hannity and other Fox shows as a free agent as my new schedule permits,” Gorka said.

Even though he was quoted on Fox shows as an "expert" in national security and terrorism matters, Stephen Sloan, a professor who advised Gorka on his Ph.D. dissertation still held off from using the word "expert" to describe Gorka's level of knowledge.

"I would not call him an expert on terrorism," Sloan told CNN in 2017. "[Gorka] does a very good job being the bulldog, if you will, for the administration … but as an adviser, I have some discomfort."
WAITING FOR THE SINKHOLE

THE BORING CO.
Locals complain as Elon Musk company tunnels for 68-miles beneath Las Vegas


Photo by David Lusvardi on Unsplash
welcome to fabulous las vegas nevada signage
January 08, 2025


Reporting Highlights

The Vegas Loop: Elon Musk’s Boring Company is constructing a planned 68-mile tunnel system beneath Las Vegas where drivers will ferry passengers around the urban core in Teslas.

Less Regulation: Despite its size, the project, because it’s privately funded, has not gone through the vetting typical of public transit systems, including lengthy governmental studies.

Musk’s Worldview: Musk says regulation often stymies innovation, a view that now has added significance given his new role advising President-elect Donald Trump on government efficiency.


These highlights were written by the reporters and editors who worked on this story.

Elon Musk’s Boring Company spent years pitching cities on a novel solution to traffic, an underground transportation system to whisk passengers through tunnels in electric vehicles. Proposals in Illinois and California fizzled after officials and the public began scrutinizing details of the plans and seeking environmental reviews.

But in Las Vegas, the tunneling company is building Musk’s vision beneath the city’s urban core thanks to an unlikely partner: the tourism marketing organization best known for selling the image that “What Happens Here, Stays Here.”

The powerful Las Vegas Convention and Visitors Authority greenlit the idea and funded an 0.8-mile route at its convention center. As that small “people mover” opened in 2021, the authority was already urging the county and city to approve plans for 104 stations across 68 miles of tunnels.

The project is also realizing Musk’s notion of how government officials should deal with entrepreneurs: avoid lengthy reviews before building and instead impose fines later if anything goes awry. Musk’s views on regulatory power have taken on new significance in light of his close ties to President-elect Donald Trump and his role in a new effort to slash rules in the name of improving efficiency. The Las Vegas project, now well under way, is a case study of the regulatory climate Musk favors.

Because the project, now known as the Vegas Loop, is privately operated and receives no federal funding, it is exempt from the kinds of exhaustive governmental vetting and environmental analyses demanded by the other cities that Boring pitched. Such reviews assess whether a proposal is the best option and inform the public of potential impacts to traffic and the environment.

The head of the convention authority has called the project the only viable way to ease traffic on the Las Vegas Strip and in the surrounding area — a claim that was never publicly debated as the Clark County Commission and Las Vegas City Council granted Boring permission to build and operate the system beneath city streets. The approvals allow the company to build and operate close to homes and businesses without the checks and balances that typically apply to major public transit projects.

Meanwhile, Boring has skirted building, environmental and labor regulations, according to records obtained by ProPublica and City Cast Las Vegas under public records laws.

It twice installed tunnels without permits to work on county property. State and local environmental regulators documented it dumping untreated water into storm drains and the sewer system. And, as local politicians were approving an extension of the system, Boring workers were filing complaints with the state Occupational Safety and Health Administration about “ankle-deep” water in the tunnels, muck spills and severe chemical burns. After an investigation, Nevada OSHA in 2023 fined the company more than $112,000. Boring disputed the regulators’ allegations and contested the violations.

The complaints have continued.

“The Boring company is at it again,” an employee of the Clark County Water Reclamation District wrote to the agency’s general manager and legal counsel in June, after video showed water spilling from a company-owned property into the street near the University of Nevada, Las Vegas. Tyler Fairbanks, a Boring Company manager, emailed the county official, saying “we take this very seriously and we are working to correct what is going on.” In August, a Las Vegas Valley Water District staffer documented a similar issue. On both occasions, the county issued cease-and-desist letters but did not fine Boring.

Financial penalties wouldn’t put a dent in the company’s bottom line, John Solvie, a Clark County water quality compliance manager, told county Public Works Director Denis Cederburg in an email. Still, the concerns were significant enough that Solvie asked if the department would “consider revoking permits (essentially shutting down their operations until they resolve these issues).”

A county spokesperson declined to answer how the incidents were resolved, or whether the Public Works Department had ever revoked any of Boring’s permits. Solvie and Cederburg declined to comment.

Boring did not respond to repeated requests to comment for this story.

As Boring begins hauling passengers beyond the convention center in the first-ever test of an underground road network using driver-operated Teslas, it has successfully removed yet another layer of county oversight. Last year, Boring requested that the county no longer require it to hold a special permit that, among other things, mandates operators of private amusement and transportation systems to report serious injuries and fatalities, and grants the county additional authority to inspect and regulate their operations to protect public safety.

The result is that key questions about the operation and maintenance of an unproven transportation system are unanswered. The county declined to respond to detailed questions about its oversight role since the special permit ended. It provided a statement saying that Boring is “responsible for the safe operation of its system and retaining a third-party Nevada registered design professional to conduct annual audits of their operations.” The county can review those audits and inspect the system “as deemed appropriate.”

Ben Leffel, an assistant professor of public policy at UNLV, said in an interview with ProPublica and City Cast Las Vegas that the private project’s ability to expand without the same scrutiny required of public projects is a major gap in oversight. Vegas Loop customers will expect Boring to follow the same standards as a public transit system, Leffel said, and it “should receive the same amount of oversight and maintenance,” more so because of the company’s construction and labor citations.

Former Las Vegas Mayor Carolyn Goodman, who completed her third and final term in December, said she too is concerned about safety, as well as accessibility for riders with disabilities. She had questioned whether the tunnel project was the best transportation option for the city. “I have been totally opposed to it from the beginning and still remain so,” she said.

Other elected and appointed officials have offered nearly unanimous support.

Musk, who spent more than $250 million to help elect Trump, is now leading the president-elect’s Department of Government Efficiency taskforce, recommending cuts to the federal bureaucracy and its ability to regulate. And Boring Company CEO Steve Davis is helping recruit staff for the initiative.

Given Musk’s role advising Trump on ways to slash regulations and government oversight, Boring and the Vegas Loop might be a harbinger for the country.
“A Real Get-It-Done State”

In 2014, Musk stood on the steps of the Nevada Capitol with a man named Steve Hill, who was heading the Governor’s Office of Economic Development. They were celebrating a deal to build a Tesla Gigafactory outside Reno.

Hill, as the state’s negotiator, had worked feverishly on the agreement, which provided $1.25 billion in tax incentives to Tesla. Musk would later praise Nevada as “a real get-it-done state.”

Soon after the battery factory opened in 2016, Musk’s Boring Company was looking for a place to build a project testing its solution to urban congestion, an idea that sprang from Musk’s frustration with LA traffic. Leaders at the city of Los Angeles were interested. A regional transportation authority, Metro, has a say on public transit in the city, and California law requires an environmental review. But Boring and the city tried to sidestep the state law, claiming an exemption for building in urban areas.

Residents, however, weren’t as eager to turn Boring loose. When neighborhood groups in West LA sued the city over the lack of environmental review, Boring settled with them and looked to build elsewhere.

Musk has frequently railed against government scrutiny of his other companies, Tesla and SpaceX, and claims excessive government oversight has made it nearly impossible to build big projects in parts of the country.

“Environmental regulations are, in my view, largely terrible,” he said at an event with the libertarian Cato Institute in June. “You have to get permission in advance, as opposed to paying a penalty if you do something wrong, which I think would be much more effective. To say, ‘Look we’re going to do this project; if something goes wrong we’ll be forced to pay a penalty.’ But we do not need to go through a three- or four-year environmental approval process.”

Everywhere Boring tried, it struggled to start digging. In Chicago, where then-Mayor Rahm Emmanuel was a supporter, local leaders expressed skepticism about whether Boring could build an airport loop without public funding. In Maryland, where Boring and federal officials completed a draft environmental review in 2019 for a high-speed link between Baltimore and Washington, the company never started tunneling.

That was, until it got to Las Vegas.

In 2018, an executive who’d met Hill during the Tesla Gigafactory negotiations called him to discuss potentially bringing Boring to Las Vegas, Hill said. (Hill said Musk himself had previously pitched Hill on a Boring Company project in Northern Nevada.) Hill, now a leader at the convention authority in Las Vegas, was in a position to help. Funded by about $460 million in annual revenue from hotel room taxes and conventions, the authority is a force in local politics, channeling the influence of the gaming and tourism industry.

The authority happened to be looking to build a people-mover to link exhibit halls at the 4.6 million-square-foot Las Vegas Convention Center. Hill said he already had a sense that the Boring Company’s concept “would work pretty well here.” Nine companies submitted bids, and two were finalists. Boring’s bid was about a third of the cost of the other credible proposals, Hill said. A week before the board was to select the winner, Hill called a news conference and announced the Boring partnership. He pointed to a map of a tunnel system extending far beyond the convention center — to the airport and toward Los Angeles.

The authority boasted that news coverage of its Boring partnership was picked up by 1,200 outlets, providing $1.3 million in free publicity for Las Vegas.

The Regional Transportation Commission of Southern Nevada is the planning agency for the Las Vegas metropolitan area, overseen by local elected officials. But because Boring’s project started so small and didn’t use federal funding, the commission wouldn’t have a say. The convention authority’s governing board, which focuses more on supporting tourism than transportation for local residents, took the lead. Nearly half of the authority’s 14-member board represents private interests, primarily the gaming industry. Goodman and two others voted against the partnership.

To fund the convention center loop, the authority committed $52.5 million in bonds that will be paid back by the agency. Since it opened in April 2021, Hill said the authority has paid Boring about $4.5 million a year to operate the convention center loop, which provides free rides to conventioneers. The authority also spent $24.5 million to purchase the Las Vegas Monorail out of bankruptcy, giving Boring the right to tunnel in the monorail’s noncompete territory.

Hill has repeatedly claimed, to elected officials, to local environmentalists and in an interview with ProPublica and City Cast Las Vegas, that the loop is the only viable way for Las Vegas to address its traffic congestion. “It’s not really a debate. There’s no reason to explore the other options,” he told members of the Sierra Club during a meeting to discuss public transit, according to Vinny Spotleson, volunteer chair of the environmental group’s regional chapter.

Hill acknowledged to ProPublica and City Cast, however, “that’s a prediction. That’s not a mandate. I don’t have the standing to make that decision. I think people listen to what I have to say periodically."

The Clark County Commission — which governs the Las Vegas Strip and surrounding areas — was listening when, just a few months after the convention center loop opened, Hill told them that Boring had already proven “how great a system this is, that it can be done, and I think provided confidence for this community to move forward.”

At the urging of Hill, casino executives and labor union leaders, the County Commission approved a 50-year agreement giving Boring the right to operate a “monorail” above and below ground on county property. The 2021 vote was unanimous.

In Las Vegas, Boring had achieved what it could not in Maryland, Chicago or LA.

“All of their company, it seemed like, was dependent on Vegas working out,” said Spotleson, who first met company representatives around 2019 when he was district director for U.S. Rep. Dina Titus, D-Las Vegas. “That we were the test case that they wanted to take to the Chicagos and Bostons and other cities of the world and say, ‘Look at what we did in Vegas. We can do that here.’”
An Expanding System

The Boring Company has completed more than 5 miles of the 68-mile system. Despite the proposal’s massive scale, it has been approved with little public input.

When the County Commission considered the expansion plans, they were listed on agendas under the obscure names of limited-liability companies, making it difficult for anyone but the company and its supporters to track. For example, the county approved a roughly 25-mile expansion and 18 new stations at a 2023 zoning meeting through a notice that gave no indication it was related to the Vegas Loop: UC-23-0126-HCI-CERBERUS 160 EAST FLAMINGO HOTEL OWNER L P, ET AL. In 2021, the commission approved an extension for Caesars Entertainment hotels under the name UC-20-0547-CLAUDINE PROPCO, LLC, ET AL, and about 29 miles of tunnel under UC-20-0547-CIRCUS CIRCUS LV, LLC, ET AL.

Boring uses a machine known as Prufrock to excavate its 12-foot-in-diameter tunnels, applying chemical accelerants during the construction process. For each foot the company bores, it removes about 6 cubic yards of soil and any groundwater it encounters, according to a company document prepared for state environmental officials. It is required to obtain permits to ensure the waste does not contaminate the environment or local water sources.

Public records — including emails, notices, photos and videos, and other documentation — obtained from Clark County, the Clark County Water Reclamation District and Nevada Division of Environmental Protection through public records requests show the company has been less than meticulous in handling the waste.

In June, an employee with the county road division tailed a Boring Company truck that spilled mud onto city streets, according to the records. The trucks “have no marking and no license plates,” wrote Dean Mosher, assistant manager for the roads division. A truck route that the company had reported to the county must have been “totally false,” Mosher concluded.

A few months later, a truck hauling waste from the project spilled gravel, rock and sand onto Interstate 15, slowing traffic for more than four hours during rush hour. The driver was fined $75 for an unsafe or unsecured load, according to court records.

Last year, without the county’s knowledge, a Boring contractor relied on a permit held by a county contractor to store muck near apartment buildings and the Commercial Center shopping plaza, along one of the busiest thoroughfares in central Las Vegas, a county spokesperson said. The county fined the contractor $1,549. A county spokesperson would not disclose other locations where the company stores waste and directed “operational questions” to the company.

Boring must also remove groundwater as it digs — including near an area where the aquifer is polluted with a dry cleaning chemical known as tetrachlorethylene, or PCE, which can be toxic in large amounts. Boring is required to filter the water before discharging it into storm drains, which flow to Lake Mead. But regulators documented cases where Boring had started work without permits or bypassed their water treatment system, government records show.

In 2019, the company discharged groundwater into storm drains without a permit, resulting in a state settlement and a $90,000 fine. In 2021, state officials sent a cease-and-desist letter to prevent Boring from taking actions that could “cause unpermitted discharge of groundwater,” prompting Davis, Boring’s CEO, to complain to the head of the Nevada Division of Environmental Protection that the state was “being fairly aggressive and that this was starting to hurt” the company, according to an email the head of the agency sent to several staffers.

The following year, local officials cited Boring for illegally connecting to a sewer without approval, records show. In 2023, state environmental regulators found the company was dumping untreated groundwater into the sewer, with one official writing that Boring staff were “unsure of how long they have been bypassing the treatment system.” Local officials said they investigated but did not find evidence to take further action.

That year, Boring tunneled without permits required to work in public rights of way, prompting the Public Works director, Cederburg, to note, “They are in violation of the franchise agreement,” records show. A Boring official responded that once the county notified the company of the issue, it had immediately filed the two permits. The county approved them retroactively, tacking on a $900 fee for each permit.
Untested, Unstudied, Private

On a recent Friday at a Vegas Loop station at the Resorts World hotel, an attendant directed riders to Teslas parked in a waiting area. An all-day pass to ride between the Las Vegas Strip hotel and a MagicCon event at the convention center cost $5. (Trips within the convention center are free.)

Inside the narrow tunnels, which glow green, magenta and orange, the driver navigated shoulderless roadways at 35 mph, which felt fast. At the first convention center stop, the driver halted, and three additional riders squeezed into the five-passenger sedan before the trip continued.

Boring says its system will be able to move 90,000 passengers an hour, more than a typical day’s subway ridership in 2023 at New York City’s third-busiest station, 34th Street-Herald Square Station (72,890). It’s also significantly more than Las Vegas’ monorail (3,400 per hour) and its regional bus system (7,500 per hour), according to Hill.

About a dozen Sierra Club members toured the Vegas Loop in June and were impressed, Spotleson said: no carbon emissions; neon everywhere; “It’s very Vegas.” Yet while it might be faster than walking, he said, “it just isn’t the actual mass transit solution” the city needs for its busiest places, like the airport.

The lack of alternatives has made Boring an easy sell to politicians, Spotleson said. “They understand that we need transit solutions. They’re being presented with a free option that is also carbon free. That is as simple as it gets.”

Hill acknowledged skepticism of the company’s claim that the Loop will transport up to 90,000 people an hour. “People poke at this all the time,” he said, adding that he thinks the company will be proven right. “I am completely willing to take that bet. Let’s just wait and see.”

M.J. Maynard, who leads the Regional Transportation Commission, said that because the Vegas Loop is private, her agency did not have information to evaluate Boring’s ridership claims. “As a public agency, we have to be very transparent and accountable with the [ridership] numbers that we publish,” she said. “I can’t speak to the numbers that Steve Hill or his team have posted or talked about.”

Marilyn Kirkpatrick, the only county commissioner to vote against Boring’s 2023 expansion, said she opposed giving the company permission to build beneath miles of public roads when it had completed only a small portion of the system. “Why would we give something away if we didn’t know it was going to work?” she asked.

The public might know even less about whether it’s working, thanks to removal in May of the “amusement and transportation system” permit, a designation also used for enclosed systems like the airport tram and the Strip’s High Roller Ferris wheel.

Over the past three years, county inspections of Boring’s operations under the permit identified numerous issues, including speeding drivers and an unauthorized SUV entering one of the above-ground stations. Since 2022, there have been at least 67 incidents in which the tunnel system was breached, including by outside vehicles, a skateboarder and a curious pedestrian, Fortune reported in October.

But the company convinced Clark County to remove that layer of oversight by arguing the system “did not fit squarely into the requirements” of the regulation, which “greatly complicated” matters for Boring and the county.

The company outlined an alternative oversight plan in a letter obtained by ProPublica and City Cast Las Vegas. The company will continue to submit structural, civil, fire, electrical and plumbing studies, as well as emergency plans and other planning documents, according to the letter. But Boring’s letter did not address what would replace ordinances that required multiple layers of inspection and the immediate notification of injuries and fatalities.

A Clark County spokesperson did not answer questions about potential gaps in accountability created by removal of the permit. In a statement, the county said “safety is the top priority for all county departments and agencies” as they review projects.

Kirkpatrick said she worked to include additional fire-safety and security measures in a 2021 franchise agreement, which she supported. Still, she remains concerned about Boring’s operations, including the potential for price-gouging if it becomes the “only game in town.”

In an interview with ProPublica and City Cast Las Vegas, a Nevada transportation industry expert who has closely observed the system’s development said it’s concerning that Boring’s plans, including basic transportation safety protocols, haven’t been vetted like a public project.

“What’s the traffic control system going to be like down in those tunnels? How are they going to make sure that none of those cars crash into each other when they’re going at 35 mph from one tunnel into an intersection with another tunnel?” said the expert, who requested anonymity because of concerns about professional repercussions. “All their answers are completely evasive. So there are significant operational concerns.”
Going to the Airport

Soon after the Boring Company arrived in Las Vegas, Hill approached airport leadership about connecting the Vegas Loop to the airport. The reasons are obvious. More than 50 million people landed at Harry Reid International Airport in 2023. On busy weekends, congestion at the airport can trap casino customers for almost an hour as they wait for rides.

But tunneling there requires compliance with Federal Aviation Administration regulations and federal environmental reviews. For now, Boring plans to end its tunnels near the airport and use surface streets to carry passengers the last mile to the terminals, said Rosemary Vassiliadis, Clark County’s director of aviation. An airport spokesperson later clarified that no plans have been confirmed.

Using surface streets for its airport connection — at least initially — won’t alleviate gridlock like mass transit could. Vassiliadis acknowledged it won’t “give us any [traffic] relief. It’s just supplanting how people are getting here” by car, but said she supports efforts to build a more direct tunnel line to the airport.

With casino and tourism industry support — and their help paying for the project — politicians, including its most vocal critics, like Goodman, have found little reason to challenge Boring’s plans. For some, the airport factored into the decision.

When a large expansion into the city of Las Vegas came before the City Council in 2023, Goodman criticized the project as unsafe, inaccessible and inefficient, but said she would still vote in favor of it “because of the plea of the hotels and the private sector to move more and more people easily around our Southern Nevada community.”

She said she had asked the casinos and hotels if they wanted to connect to the Vegas Loop. “Every one of them said, ‘We’re scared not to, because if it succeeds and if it gets to the airport, we want to connect,’” Goodman told ProPublica and City Cast Las Vegas.

With Goodman’s vote, the council approved the extension unanimously.


Michael Squires and Anjeanette Damon contributed reporting.