US court gives President Trump another black eye and Standing Rock Sioux Tribe a partial win

Earth Justice, 14 June 2017:

Washington, D.C. — 

The Standing Rock Sioux Tribe won a significant victory today in its fight to protect the Tribe’s drinking water and ancestral lands from the Dakota Access pipeline.

A federal judge ruled that the federal permits authorizing the pipeline to cross the Missouri River just upstream of the Standing Rock reservation, which were hastily issued by the Trump administration just days after the inauguration, violated the law in certain critical respects.  

In a 91-page decision, Judge James Boasberg wrote, “the Court agrees that [the Corps] did not adequately consider the impacts of an oil spill on fishing rights, hunting rights, or environmental justice, or the degree to which the pipeline’s effects are likely to be highly controversial.” The Court did not determine whether pipeline operations should be shut off and has requested additional briefing on the subject and a status conference next week.  

“This is a major victory for the Tribe and we commend the courts for upholding the law and doing the right thing,” said Standing Rock Sioux Chairman Dave Archambault II in a recent statement. “The previous administration painstakingly considered the impacts of this pipeline, and President Trump hastily dismissed these careful environmental considerations in favor of political and personal interests. We applaud the courts for protecting our laws and regulations from undue political influence and will ask the Court to shut down pipeline operations immediately.”

The Tribe’s inspiring and courageous fight has attracted international attention and drawn the support of hundreds of tribes around the nation.

  

The Tribe is represented by the nonprofit environmental law firm Earthjustice, which filed a lawsuit challenging the U.S. Army Corps of Engineers for issuing a permit for the pipeline construction in violation of several environmental laws.

“This decision marks an important turning point. Until now, the rights of the Standing Rock Sioux Tribe have been disregarded by the builders of the Dakota Access Pipeline and the Trump administration—prompting a well-deserved global outcry,” said Earthjustice attorney Jan Hasselman. “The federal courts have stepped in where our political systems have failed to protect the rights of Native communities.”

The Court ruled against the Tribe on several other issues, finding that the reversal allowing the pipeline complied with the law in some respects. 

The $3.8 billion pipeline project, also known as Bakken Oil Pipeline, extends 1,168 miles across North Dakota, South Dakota, Iowa, and Illinois, crossing through communities, farms, tribal land, sensitive natural areas and wildlife habitat. The pipeline would carry up to 570,000 barrels a day of crude oil from the Bakken oil fields in North Dakota to Illinois where it links with another pipeline that will transport the oil to terminals and refineries along the Gulf of Mexico.

Read the decision.

Tony Abbott turns being your own worst enemy into an art form

Mainstream media looks at the recent antics of Anthony John Abbott, failed prime minster................

Alan Moir

Financial Review, 15 June 2017:

Tony Abbott's prospects of recontesting his seat at the next election are under increasing threat with momentum building within the NSW Liberal Party to bump him off at preselection.

Sources on both sides of the factional fence in NSW say Mr Abbott's latest outbursts over energy policy, in which he is contradicting views he once espoused as well as trying torpedo policy reform, is exacerbating his situation.

"He's trying to make himself so unpopular that soon, no one's going to help him," said one member of the NSW Right.

"I'm not even sure the Right will unite to save him."

The search for a candidate for the seat of Warringah is advanced with about four names in the mix. Factional bosses plan to keep quiet for as long as possible any eventual choice out of fear they will be taken apart by Mr Abbott's allies on talkback radio.

The Guardian, 15 June 2017:

The former prime minister Tony Abbott said on radio station 2GB the decision to compensate those held in detention “looks like a windfall for people who unfairly took advantage of our nation’s generosity”.

Abbott said: “I don’t think this is the sort of case that should have even got to court, let alone resulted in this kind of a settlement.”

He also condemned the judges involved in the case, despite the settlement being negotiated between the government’s and plaintiff’s lawyers.

“We’ve got a judiciary that takes the side of the so-called victim rather than the side of common sense.”

The Sydney Morning Herald, 15 June 2017:

Tony Abbott is the most high-profile backbencher in Australia, with regular appearances in newspapers, on radio and television and in contributions to Coalition party room debates.

As a former prime minister, he has made the most of the multiple media platforms available to him.

But there is one place the member for Warringah has remained largely silent: question time.

From his perch on the backbench, Mr Abbott has asked just one "Dorothy Dixer" question of a government minister in the current Parliament.

That one question was back on October 12, 2016, when Mr Abbott asked Trade Minister Steve Ciobo to "update the House on how the expanded Singapore-Australia Free Trade Agreement will support the government's plan for jobs and growth?"….

Other than Mr Abbott's one question, he has spoken just four times in the Parliament, on local matters related to his seat, on Papua New Guinea, and to give a personal explanation over his position on the Adler shotgun.

He has never given a speech on a government bill.

Business Insider, 16  June 2017:

In front of appalled colleagues, including a number of cabinet ministers, Abbott persisted with a stream of unpleasant abuse directed at Laundy. This was after the MP had responded to his first interjection by noting that, while he didn’t agree with anything Abbott said, he had politely listened to him put his position at great length and expected the same courtesy. According to a number of sources, Abbott then invited Laundy to “go f**k yourself”.

Australian Law Reform Commission recommends a National Plan to combat elder abuse

"4.40 Stakeholders reported many instances of abuse of people receiving aged care. These included reports of abuse by paid care workers and other residents of care homes, as well as by family members and/or appointed decision makers of care recipients. For example, Alzheimer’s Australia provided the following examples of physical and emotional abuse:

When working as a PCA [personal care assistant] in 2 high care units, I witnessed multiple, daily examples of residents who were unable to communicate being abused including: PCA telling resident to ‘die you f—ing old bitch!’ because she resisted being bed bathed. Hoist lifting was always done by one PCA on their own not 2 as per guidelines and time pressures meant PCAs often using considerable physical force to get resistive people into hoists; resident not secured in hoist dropped through and broke arm—died soon after; residents being slapped, forcibly restrained and force-fed or not fed at all; resident with no relatives never moved out of bed, frequently left alone for hours without attention; residents belongings being stolen and food brought in by relatives eaten by PCAs."

[Elder Abuse—A National Legal Response (ALRC Report 131), p.110]

In 2016 people 65 years of age and over comprised 15.3 per cent of the Australian population. This represents over 3.5 million older people, a figure the Australian Bureau of Statistics expects to grow to  9.6 million people by 2064.

The Turnbull Government needs to consider the recently published Australian Law Reform Commission report and act on its recommendations.

Australian Law Reform Commission, media release, 15 June 2017:

Elder Abuse—A National Legal Response

The Australian Law Reform Commission (ALRC) is delighted to be launching its Report, Elder Abuse—A National Legal Response (ALRC Report 131), on World Elder Abuse Awareness Day 2017.

The ALRC was asked to consider Commonwealth laws and legal frameworks and how they might better protect older persons from misuse or abuse, and safeguard their autonomy.

The Report includes 43 recommendations for law reform. The overall effect will be to safeguard older people from abuse and support their choices and wishes through:

* improved responses to elder abuse in residential aged care;

* enhanced employment screening of care workers;

* greater scrutiny regarding the use of restrictive practices in aged care;

* building trust and confidence in enduring documents as important advanced planning tools;

* protecting older people when ‘assets for care’ arrangements go wrong;

* banks and financial institutions protecting vulnerable customers from abuse;

better succession planning across the self-managed superannuation sector;

* adult safeguarding regimes protecting and supporting at-risk adults.

These outcomes should be further pursued through a National Plan to combat elder abuse and new empirical research into the prevalence of elder abuse.

ALRC President Professor Rosalind Croucher AM, Commissioner-in-charge of the inquiry, said, “In developing the recommendations in this Report, we have worked to balance the autonomy of older people with providing appropriate protections, respecting the choices that older persons make, but also safeguarding them from abuse.”

The Report represents the culmination of research and consultation over a 15-month period, during which the ALRC consulted with 117 stakeholders around the country, released two consultation documents, and received more than 450 submissions.

Professor Croucher said:  “The ALRC is indebted to the broad range of individuals and organisations who have contributed to evidence base that informs its recommendations. In particular I thank the many individuals who generously shared with the ALRC personal stories of heartache and frustration, and of families torn apart by elder abuse. It is significant that the Attorney-General, Senator the Hon. George Brandis QC, has chosen to mark the launch of the Report today —with advocates and service providers —at the 2017 World Elder Abuse Awareness Day Forum.”

Download Final Report

Summary Report

Ostentatious shows of wealth a habit the Australian Foreign Minister Julie Bishop obviously finds hard to break

Australian Foreign Minister & Liberal MP for Curtain Julie Bishop’s wardrobe shrieks designer labels, expensive shoes and accessories. Chanel, Armani, Vuitton, Louboutin, Choo, Hand, Aujoulet, Zampatti, Gilbert – all form part of the political mannequin parade.

This year’s Midwinter Ball in Canberra was notable because someone managed to put a price tag on the evening gown. 

A whopping AUD$32,142.97 at the time of writing or, to put it another way, worth an est. 93 per cent of the annual wage before tax of an ordinary Australian full-time worker on minimum wage.

A look at some of those F*ck You gowns down the the years

Midwinter Ball 2013

Midwinter Ball 2014

Midwinter Ball 2015

Midwinter Ball 2016

Midwinter Ball 2017

Considering a matter for prosecution

The Commonwealth Director of Public Prosecutions (CDPP) prosecutes counter-terrorism matters through the Organised Crime and Counter Terrorism Practice Group.

The CDPP appeared for The Queen as head of the Commonwealth of Australia in the matter of an Australian-born 18 year-old charged with plotting a terrorist act in 2015.

The young man plead guilty, was convicted of the offence in September 2016 and sentenced to ten years imprisonment with a non-parole period of seven and a half years.

In October 2016 the Commonwealth of Australia appealed the length of his sentence.

So by June 2017 the CDPP representing the Commonwealth of Australia was again in court presenting the argument for a longer sentence.

Enter two Commonwealth ministers, the Minister for Health Greg Hunt and Minister for Human Services Alan Tudge who, along with Assistant Treasurer Michael Sukkar, proceeded to criticize the judge/s hearing this appeal in an article published in The Australian on 13 June 2017.

Mr Hunt said "the state courts should not be places for ideological experiments in the face of global and local threats from Islamic extremism….".

Mr Tudge was quoted as saying “Some of these judges are ­divorced from reality….We have a crisis on our hands with people who want to kill ­indiscriminately and yet some judges seem more concerned about the terrorists than the safety of the community.”

Mr Sukkar opined “It’s the attitude of judges like these which has eroded any trust that remained in our legal system…Labor’s continued appointment of hard-left activist judges has come back to bite Victorians. Our judiciary should focus more on victims and the safety of our society, and less on the rights of terrorists who don’t respect our society, its laws or our people.”

All these statements were made while the Commonwealth’s appeal was still before the Court.

Hunt, Tudge and Sukkar very belatedly withdrew their remarks but arrogantly refused to apologise for these comments when lawyers for the three appeared in the Court of Appeal in the Supreme Court in Melbourne on 16 June, to explain why they shouldn't be referred for prosecution for contempt.

In criminal matters before Victorian courts "penalties for contempt usually consist of fines, imprisonment or both".

In my humble opinion Messrs. Hunt, Tudge and Sukkar deserve to be referred and have the matter heard summarily by a judge as the alleged contempt was of a serious nature, freely made and offered to a national newpaper for publication by unsolicited email, committed in the course of an appeal of a judgment in a trial for serious criminal offences and, to date there has been no apology or public expression of contrition and full acceptance of the Court's authority.

UPDATE 2:06AM 18 JUNE 2017

Supreme Court of Victoria live stream of the matter of explanations as to why Hunt, Tudge and Sukkar should not be referred for prosecution for contempt:

https://www.streaming.scvwebcast1.com/hearing-14-june-2017-10-30am/

Many thanks to Josh Bornstein for posting this link on social media.

UPDATE 4:10PM 22 June 2017

Since their original defiance Messrs. Hunt, Tudge and Sukkar have had second thoughts.

First the Prime Minister had committed the uncomfortable error of publicly defending their attack.

INTERVIEW WITH TOM ELLIOTT, Radio 3AW, transcript, 15 June 2017:

TOM ELLIOTT:

Is this unusual for three of your ministers to be hauled into court to explain themselves?

PRIME MINISTER:

Well it certainly is unusual but it is not unusual for Victorians to express real concern about public safety in their state.

Those three ministers, yes they are ministers in my government, they are Members of Parliament but they are also citizens of Victoria and residents of Victoria and you know, as your listeners do, that there is real concern about law and order and the failure of the state government and the system in Victoria to protect people.

Look, I think it is a matter of the justice system, the legal system in Victoria, the criminal justice system is a matter of real public interest and my ministers are focused on public safety, they are working with me and the rest of our team and our agencies to do everything we can to keep Australians safe and defeat Islamist terrorism.

TOM ELLIOTT:

Will the three ministers appear in court on Friday?

PRIME MINISTER:

I can’t answer that. I am sure they would be represented but whether they appear in person, that is a matter for them. I am not sure what arrangements they’ve made.

Then Senator Derryn Hinch added his inflammatory mite and debate on social media widened..

Finally, in the early hours of 22 June BuzzFeed posted images the three amigos had hoped would fade into oblivion when, along with offending tweets, they deleted these Facebook posts:

By late afternoon on 22 June 2017 The Sydney Morning Herald reported:

A trio of Turnbull government ministers will make an abject apology to Victoria's highest court on Friday, a week after they refused to apologise for comments critical of the judiciary.

Fairfax Media has learned that Health Minister Greg Hunt, Human Services Minister Alan Tudge and Assistant Minister to the Treasurer Michael Sukkar have now decided to reverse course and make the special apology.

The hearing on Friday is going ahead at the request of the ministers and is designed to bring the matter to an end.

I suggest we all rememebr these faces at the next federal election....

Left to Right: Human Services Minister Alan Tudge MP for Aston, Assistant Treasurer Michael Sukkar MP for Deakin & 
Health Minister Greg Hunt MP for Flinders

Political Leak of the Month

Mocking th most mocked man in the world today .....

https://youtu.be/TFe8_auXBj0

Just because it is beautiful...........(29)

Eucalyptus macrocarpa

Native eucalypt found in Western Australia mallee

Photo:  Jimmy Turner