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As extreme cold temperatures blast the eastern third of the United States, the fossil fuel industry has seen a series of disasters in less than a week. On Wednesday, an explosion at an ExxonMobil refinery south of Los Angeles rocked the surrounding area with the equivalent of a 1.4-magnitude earthquake. The blast in California happened as oil tank cars from a derailed train remained on fire Wednesday in West Virginia, two days after the accident. The derailment forced the evacuation of two towns and destroyed a house. The derailment in West Virginia happened just two days after another oil train derailment in Ontario, Canada, which also left rail cars burning for days. We are joined by Stephen Kretzmann, executive director of Oil Change International. "Climate policy and energy policy are not usually discussed together in this country," Kretzmann says. "Climate change means that we need to transition away from fossil fuels, sooner rather than later."
TRANSCRIPT
This is a rush transcript. Copy may not be in its final form.
AMY GOODMAN: Subzero temperatures have engulfed the eastern third of the United States today as a blast of Arctic air rolls in from Siberia. The cold is expected to shatter records in more than a hundred places. It comes as scientists at Rutgers and the University of Wisconsin-Madison have published a new study linking extreme weather, including record cold, to climate change. They say warming temperatures in the Arctic have caused "wavier" fluctuations in the jet stream, the air current which carries weather patterns. The scientists predict the frequency of extreme weather will increase as the Arctic continues to warm.
Meanwhile, the fossil fuel industry, which is largely responsible for global warming, has seen three major disasters in less than a week. On Wednesday, an explosion at an ExxonMobil refinery south of Los Angeles rocked the surrounding area with the equivalent of a 1.4-magnitude earthquake. Plant worker Jason Hernandez described what it felt like.
JASON HERNANDEZ: I felt the explosion really, really, really, really, really hard through my body. And it scared me. I got scared, and I’m not going to lie. First thing I thought of was: Let’s go meet up with our team, figure out what’s going on, seeing smoke going through the air. And we had a good—we had a good evacuation point. Everything was planned, well executed. Everybody met where they were supposed to meet. Nobody got hurt, thank God. I didn’t get hurt myself, thank God. And I just appreciate being here right now.
AMY GOODMAN: The blast in California happened as oil tank cars from a so-called bomb train remained on fire Wednesday in West Virginia, two days after the accident. The derailment forced the evacuation of two towns and destroyed a house. The man who lived in the house, Morris Bounds, told local news station WSAZ he barely escaped as the tank cars barreled toward him.
MORRIS BOUNDS: I made it about 10 feet. I heard the house caving in behind me. So I ran out of the house in my socked feet in the snow. The house was engulfed in flames.
AMY GOODMAN: The derailment in West Virginia happened just two days after another oil train derailed in Ontario, Canada, which also left tank cars burning for days.
We go now to Washington, D.C., where we’re joined by Steve Kretzmann, executive director of Oil Change International.
Steve, can you talk about what’s happening? This—all of these derailments, explosions, the backdrop being some of the coldest weather this country has experienced.
STEPHEN KRETZMANN: Yeah, I think you framed it well, Amy, I mean, and it’s too bad that most people are not making the link here. Climate policy and energy policy are not usually discussed together in this country, but there’s a huge link, because, of course, the fossil fuel industry is primarily responsible for climate change. And that’s what we’re seeing. This is—you know, these explosions that have happened, the crude by rail derailments, the Torrance refinery explosion, etc., this is all a completely and sadly predictable result of the all-of-the-above energy policy that the Obama administration has been pursuing and that really is the only real energy policy in town here in Washington, unfortunately, despite the fact that the administration says that they’re very committed to addressing climate change. And indeed, parts of the administration seems to be, but I think they haven’t quite made the connection yet that these two things are fully—are not fully compatible.
AMY GOODMAN: It’s interesting you talk about climate policy and energy policy not being linked. When you watch television, all the networks now, they don’t just have weather centers, they have extreme weather centers or severe weather centers. So you tune in for news and you tune in for weather, but rarely do they link the two, like, for example, call it a "climate change center" or a "global disruption center," when they’re giving you the news. I want to turn to West Virginia first.
STEPHEN KRETZMANN: Yeah.
AMY GOODMAN: What happened there?
STEPHEN KRETZMANN: So, you had a train that was coming from the Bakken, the North Dakota crude that’s very light and very flammable, that came around a turn at the gentleman’s house, where we heard from him just a moment ago, and came off the rails and ignited. These were actually the newer railcars that, we have been told, are supposed to be safer than the old railcars, which are being phased out. And yet, obviously, and sadly, they are not particularly safer, and they are not adequate to protect public safety. You know, there’s new regulations that are pending by the Department of Transportation to actually, supposedly, make crude by rail safer, but these regulations are already watered down. Industry is intervening again to water them down further. And, you know, what we’re seeing here is a regulatory process in Washington that, unsurprisingly, remains captured by the fossil fuel industry and their millions of dollars in campaign donations, and really has the bureaucracy here, for the most part, cowed.
AMY GOODMAN: So how has West Virginia been affected by—and what is an oil bomb train?
STEPHEN KRETZMANN: So these are, at times, mile-plus-long trains filled with explosive crude oil, that move through communities, not only in West Virginia, but increasingly across the United States, move through people’s backyards, move by schools, etc., etc. And there has been a huge increase in these trains in recent years as we’ve seen an explosion in North American oil production. And so, that is—they’re moving Bakken crude, which is highly explosive, as we saw before. They’re also moving tar sands crude in some cases. And we had, actually—over the weekend, we had an explosion in Canada of a train carrying tar sands crude. So, you know, this is—
AMY GOODMAN: Explain what happened there.
STEPHEN KRETZMANN: This is a huge problem.
AMY GOODMAN: Explain what happened there, Stephen, Ontario, Canada.
STEPHEN KRETZMANN: Yeah, similarly, you had a tar sands train that went off the rails and exploded. And, you know, this is, again, the kind of thing that we have been seeing happen again and again with this industry. You know, I think it’s interesting, because you get the—the industry says, "Oh, well, this is why we need pipelines, because rail is more dangerous." But that’s not a choice at all. A choice between pipelines or rail is really a choice—you know, it’s a tremendously bad choice. The real choice is about energy policy for the future and whether or not we’re going to choose clean energy, or whether or not we’re going to continue to use fossil fuels, that not only pose great dangers to our communities, but also, obviously, ultimately drive climate change.
AMY GOODMAN: Steve Kretzmann, you have a map on the Oil Change International website which illustrates the shipment of oil by rail across North America. You see colored lines, representing different rail companies, which form a vast web across the entire United States. Talk about how communities, from California to Florida to Massachusetts, are impacted by these shipments.
STEPHEN KRETZMANN: So, these shipments are increasing in frequency and going through people’s backyards on a regular basis. And we totally encourage people to check out the map on PriceOfOil.org and see where these rails are running through your community. Unfortunately, it’s been extremely difficult to get real-time data from the states, not to mention the federal government, or the companies about when these shipments are due and what the exact routing of them is at different times. That is not something that the regulators have seen fit to actually release to the public. And I think something that people would be very interested to know—for instance, if bomb trains were moving behind day cares when day cares are in session, or schools or these kind of things. People, you know, deserve to know what the risks are of this huge increase in industrial activity, and that information is not being made available at this point. So...
AMY GOODMAN: Steve Kretzmann, I want to go to the oil refinery explosion, the ExxonMobil explosion that took place yesterday in Los Angeles, which came on the 18th day of an historic strike by oil refinery workers—not, though, at that plant. More than 5,000 workers at 11 plants are on strike in the largest action of its kind in decades. The workers say safety issues, including safe staffing levels, are their top concern. While workers at the plant that exploded in Torrance had not gone on strike, their colleagues were on a strike at a nearby plant in Carson, California. Refinery worker Erica Kent spoke to local station KCAL in Los Angeles earlier this month.
ERICA KENT: They say that a certain amount of fatigue is comparable to being drunk, right? So when you’re working seven or eight days in a row, sometimes 13 or 14 in a row, and you’re working 12 hours a day on a rotating shift, it creates a safety hazard.
AMY GOODMAN: Can you talk about what she is saying, what the refinery worker Erica Kent is saying, and although the Torrance plant, the workers were not on strike, how they’re related?
STEPHEN KRETZMANN: I mean, I think, throughout this, what we’re seeing is the industry, unsurprisingly to those of us who have followed the industry for years, continues to prioritize profit over people and safety. And, you know, that extends to the workers. Oil Change International, my organization, has put out—was quick to put out a solidarity statement with the striking workers, but it also extends to communities, and ultimately to our entire planet, where the industry is recklessly moving forward and prioritizing their profits over all of our safety at the end of the day. And so, you know, there’s a clear—there’s a clear connection here and a clear pattern of behavior that is irresponsible and dangerous and tragic, because, you know, at some point people will recognize that climate change means that we have to transition away from fossil fuels, sooner rather than later. You know, all of the above is climate denial, at the end of the day.
AMY GOODMAN: Last week, Steve, the Republican-controlled House gave final passage to a measure approving the Keystone XL oil pipeline, but the bill does not have enough votes to override a veto from President Obama, who has vowed to reject it. On Friday, Republican House Speaker John Boehner called on Obama to approve the pipeline.
SPEAKER JOHN BOEHNER: This really is pretty simple. Keystone XL pipeline is a good idea for our economy, and it’s a good idea for our country. Members of both parties know it. They’ve put politics aside and passed this very important bill. The president’s own State Department says this project will create up to 42,000 direct jobs. Many labor unions know it. They say Keystone just isn’t a pipeline, it’s a lifeline for America’s construction workers. And the overwhelming majority of the American people know it, as well. So, to the president, I would just say this: Do the right thing. Sign this bill and help us create more jobs in America and create a healthier economy.
AMY GOODMAN: That’s Speaker Boehner. President Obama said he’ll reject the Keystone XL oil pipeline if it would significantly increase carbon emissions. Earlier this month, the EPA warned the pipeline could increase greenhouse gas emissions by the equivalent of about eight new coal-fired power plants. Steve Kretzmann, if you could talk about this and then about the divestment movement? We only have a minute to go. The latest school to divest from fossil fuels, New School here in New York City, has announced it will divest its endowment from fossil fuel companies. In an email to the university, President David Van Zandt and Provost Tim Marshall announced, "The New School’s Board of Trustees approved a motion to divest from fossil fuels. The Board’s Investment Committee has also approved a significant investment of the university’s endowment in renewable energy." How significant is this, Steve Kretzmann?
STEPHEN KRETZMANN: I mean, I think the divestment movement is one of the most significant developments on the climate change activism scene ever. We’re seeing a huge upwelling of people who are concerned about fossil fuels, and it’s—you know, it’s less about the exact amount of money that’s being divested moment to moment, and more about the mobilization of people who are really making clear that their future should not be fossil fuels. You know, we saw this 400,000 people in the streets in New York City last fall, and that was an amazing moment. You know, power comes from two places. Speaker Boehner gets it from the money he gets from the fossil fuel industry, but the activists and people who are concerned about clean energy get it from an increasing number of people who are concerned about this. And ultimately, we believe that the president will side with those people and see the science for what it is, which is that the Keystone XL pipeline will indeed cause a significant increase in carbon emissions and should be rejected.
AMY GOODMAN: Steve Kretzmann, I want to thank you for being with us, executive director of Oil Change International. We’ll link to your map of the rails through the United States carrying oil trains at democracynow.org.
This is Democracy Now! When we come back, why did close to 400,000 people march in Buenos Aires, Argentina? Stay with us.
President Obama’s plan to shield as many as five million immigrants from deportation was supposed to begin taking its first applications this week. But late Monday night, U.S. District Judge Andrew Hanen of Brownsville, Texas, issued an injunction after a motion filed by Texas and 25 other states. Now the administration says it will comply with the ruling and delay accepting applications for work permits and deportation reprieves. We speak with Marielena Hincapié, executive director of the National Immigration Law Center, which filed a court brief opposing the challenge to Obama’s order.
TRANSCRIPT
This is a rush transcript. Copy may not be in its final form.
AMY GOODMAN: President Obama’s plan to shield as many as five million immigrants from deportation was supposed to begin taking its first applications this week. But late Monday night, U.S. District Judge Andrew Hanen of Brownsville, Texas, issued an injunction after a motion filed by Texas and 25 other states. Now the administration says it will comply with the ruling and delay accepting applications for work permits and deportation reprieves. Speaking at the White House, President Obama said he’s confident the decision will be struck down on appeal.
PRESIDENT BARACK OBAMA: You know, keep in mind that this is something that we necessarily have to make choices about, because we’ve got 11 million people here who we’re not all going to deport. Many of them are our neighbors. Many of them are working in our communities. Many of their children are U.S. citizens and, as we saw with the executive action that I took for DREAMers, people who had come here as young children and are American by any other name except for their legal papers.
AMY GOODMAN: President Obama’s executive order on immigration would apply to those brought to the U.S. illegally as children and have lived here for at least five years, as well as those who have lived here for at least five years and are the parents of U.S. citizens or legal permanent residents. It remains on hold as the case is appealed, possibly ending up before the Supreme Court.
Well, for more, we’re joined by three guests. In Washington, D.C., Marielena Hincapié is executive director of the National Immigration Law Center, which filed a court brief opposing the challenge to Obama’s order. In Houston, Texas, José Espinoza is with us, an undocumented immigrant who had hoped to apply for relief on Wednesday. And in Houston, as well, Oscar Hernandez, who was granted relief in 2012, now a lead field organizer with United We Dream in Houston, Texas, where he’s been helping to get eligible immigrants like José ready to apply.
We welcome you all to Democracy Now! Let’s begin with Marielena Hincapié. Talk about the significance of this judge’s ruling and the court case on which it was based.
MARIELENA HINCAPIÉ: Thanks for the invitation, Amy. This is an extremely disappointing decision by a conservative judge in Brownsville, Texas. It’s not a surprise that Texas and 25 other states chose Brownsville to file this lawsuit. This is—while it is disappointing, it is also an outlier. This decision pretty much ignores decades of legal precedent and constitutional authority. It’s interesting the judge did not rule the president’s initiatives as unconstitutional. He decided to focus, in 123 pages, on a very procedural issue, which basically the judge found that the administration failed to follow the Administrative Procedure Act and didn’t go through a public comment period—that, despite the fact that legal scholars across the ideological spectrum agree with us that this wasn’t required, that the president has prosecutorial discretion, just as any other law enforcement agency does, to decide how to use its limited resources, who to deport and who not to deport. And recently, the Supreme Court in 2012, in the Arizona v. U.S. decision, said very clearly and actually gave examples, such as the administration has the authority not to deport parents of U.S. citizen children, workers and others for humanitarian reasons. The president simply expanded the DACA 2012 initiative that he announced then, which is not being challenged by Texas and these states, either.
AMY GOODMAN: I want to read from Judge Andrew Hanen’s opinion. He wrote, quote, "The court finds that the government’s failure to secure the border has exacerbated illegal immigration into this country. ... Further, the record supports the finding that this lack of enforcement, combined with this country’s high rate of illegal immigration, significantly drains the states’ resources." Marielena Hincapié, talk about what he is saying here.
MARIELENA HINCAPIÉ: Yeah, the interesting thing, Amy, is our communities, especially those that live and work at the border, know full well that in fact this administration has very aggressively enforced. There’s nothing about lax enforcement under the Obama administration. The border is more secure than ever before. And we’ve got record numbers of deportations in this country. What the administration finally did—and this is as a result of immigrants who have fought for and won this very significant victory. We’re talking about DREAMers, including some of the folks on today’s show, DREAMers’ mothers and fathers, workers, who have fought for this, including putting their lives on the line—civil disobedience, hunger strikes, etc. That is what has brought us to this place: the grassroots energy. And the judge basically decided to ignore even law enforcement leaders who came out in support and said we need this for public safety reasons.
AMY GOODMAN: I want to turn to comments by Texas Governor Greg Abbott, who led the lawsuit against Obama’s executive order on immigration, along with 25 other states. He spoke on Wednesday.
GOV. GREG ABBOTT: The district judge ruled that it was clear that the president’s executive action violated what’s called the Administrative Procedure Act. And because of that, it was unnecessary for the judge to dig deeper into the other legal claims that we made. It is abundantly clear that the Obama administration has violated the Administrative Procedure Act. And as a result, I think that on that issue alone, we will win all the way up to the appellate ranks.
AMY GOODMAN: After a judge ruled in his favor, Governor Abbott tweeted President Obama’s order, quote, "has been ruled unconstitutional." Marielena Hincapié, is that correct?
MARIELENA HINCAPIÉ: Absolutely not. That is incorrect. And in fact, it’s a reminder that Governor Abbott’s comments are—this lawsuit is not about the legality or the constitutionality. This is a communications campaign by opponents of the executive action and, frankly, by opponents of immigrants. It’s not a surprise, Amy, that when you look at the states that have filed this lawsuit, these are states that have passed anti-immigrant legislation, anti-worker legislation, anti-choice legislation, and who really are basically afraid of the demographic shift happening in this country. That is what this lawsuit is about.
AMY GOODMAN: Now, it’s not as if we didn’t know what the judge’s personal views were. He previously called President Obama’s reprieve for undocumented immigrants, quote, "an open invitation to the most dangerous criminals in society."
MARIELENA HINCAPIÉ: Yes, unfortunately, that is why we expected this decision. And we expected the decision, our communities are ready and prepared, and we see this as a temporary setback. This is not the end of this. And in fact, it’s really important for viewers and listeners to understand that this decision does not affect the current DACA program, either. Those who currently have DACA under the 2012 initiative or who are up for renewal or who haven’t applied yet are still protected. That this decision—and it doesn’t also affect any of the other initiatives announced by the president on November, including the new priorities with respect to deportation.
The Obama administration has delayed its deportation reprieve for millions of undocumented immigrants following this week’s ruling by a right-wing judge. President Obama’s executive order on immigration would apply to those brought to the U.S. illegally as children and who have lived here for at least five years, as well as those who have lived here for at least five years and are the parents of U.S. citizens or legal permanent residents. It remains on hold as the case is appealed, possibly ending up before the U.S. Supreme Court. We are joined by two immigrants on both sides of the reprieve divide: José Espinoza, an undocumented immigrant who had hoped to apply for relief when eligibility was supposed to begin on Wednesday, and Oscar Hernandez, who was granted relief in 2012 and is now a lead field organizer with United We Dream in Houston, where he has been helping to get eligible immigrants like Espinoza ready to apply.
TRANSCRIPT
This is a rush transcript. Copy may not be in its final form.
AMY GOODMAN: I want to turn to Oscar Hernandez and José Espinoza in Houston. Oscar, you were a recipient of the Deferred Action for Childhood Arrivals program, known as DACA, that Marielena was just talking about. This doesn’t affect you. But you are also a lead organizer for United We Dream in Houston. You organized for this executive order. Can you explain how you organized and what this judge’s decision means for you?
OSCAR HERNANDEZ: Yes. So, for this executive action, we took a lot of measures. This has happened since way back in 2010, when the Senate failed us and the DREAM Act didn’t pass. So we were organizing to fight for some kind of administrative relief for our community. I was lucky to benefit in 2012, to be able to apply for deferred action. And it’s because of that that I’m able to help our community. Right now we still are servicing people. We’re helping people apply for deferred action. We have legal clinics throughout the year, and making sure that our community know what’s happening.
Like the attorney said before, we were expecting this. I mean, I live in Texas. We know the reality of what the demographic is like here. So we were expecting this to happen, and we’re more than prepared to inform our communities and not be afraid, to know that this is a temporary setback, but it’s only temporary. We will be able to continue our process, and, more than anything, to know that just because we’re here undocumented does not mean that we do not have value, and it does not mean that we won’t contribute.
So, through our program, what we want to do is make sure that our community feels empowered, is properly informed, and that we’re fighting for immigrant rights. And if you can benefit from DACA, we want to be able to service the community. This is only a delay. This is not a delay for United We Dream. We will continue to do the services we do. We will continue to inform our community. And those who can benefit from the first deferred action that came out in 2012, we’ll be able to help them. And those who may benefit from the 2014 deferred action expansion and deferred action for parents of American citizens and legal permanent residents, we’ll be offering services and information on that. So, this is not going to stop us.
AMY GOODMAN: José Espinoza, I want to first of all thank you for joining us. I know you drove an hour and a half to get to this interview, and it’s your first TV interview. You’re risking a lot to come out of the shadows and say you’re an undocumented immigrant. You were planning to apply this week?
JOSÉ ESPINOZA: Yes, I was.
AMY GOODMAN: And talk about your own story and why this was so important to you.
JOSÉ ESPINOZA: Well, it was so important for me, because it’s just not just me, it was also my family, because for the years, for so many years, I’ve been looking for an opportunity to become legal and be in this country and able to work. And it was for my family to finally be in—just for a better life here in the United States. I’m sorry.
AMY GOODMAN: So, in your time here in the United States, when did you come to the United States? Where have you been working?
JOSÉ ESPINOZA: I came to the United States as a kid when I was 14 years old, and I started working in different places. And right now, what I’ve been doing the most for the last 12 years is I’ve been working in the oil field industry. And I’ve been doing—I’ve been working for companies known worldwide, and this is—this is something that can benefit—that has been benefiting me and my family because of this.
AMY GOODMAN: So you’ve been married for 15 years? You came here when you were 14 years old. All three of your children are U.S. citizens?
JOSÉ ESPINOZA: Yes, ma’am, they are.
AMY GOODMAN: So you were too old to apply under DACA, as Oscar Hernandez did?
JOSÉ ESPINOZA: Yes. I didn’t have the age for that. And finally, when this new law came in place, I was very excited, and I was willing to get—to move out of the shadows, to come out. And through Oscar’s help and their organization, I was—finally, I saw the chance to do that. And actually, I had everything ready, but one day before, my dream came down.
AMY GOODMAN: Oscar Hernandez, what are you telling people like José to do right now? I mean, José came to your workshops, he got everything in order. What happens now?
OSCAR HERNANDEZ: First of all, save your money. We want people to avoid fraud. We know that our community is very vulnerable, and we want to make sure that they get the services we deserve. Second of all, prepare documentation. Like I said before, this is something we expected, and we will continue to fight for immigrant rights. Deferred action was not given to us. This was something that was organized by undocumented immigrant youth in our community, and we were able to win this. And we will continue to prevail, and we will continue to fight for immigrant rights and make sure that we get the representation we deserve.
So anybody who’s out there who might potentially benefit this, who might think they benefit from this, go to our webpage. You can go to UnitedWeDream.org and get more information. And then you can also look up services near where you live, where they provide either free legal services or fees at a nominal fee.
If you’re preparing your documents right now, make sure you have everything in order. Look for people that you can trust in your community. But don’t be afraid. You know, we expected this to happen, and we expect to pass—we expect something to pass within the coming months or coming weeks. So, you know, right now we’re hoping that President Obama presses the Department of Justice for an appeal, to make sure that we move this as quickly as possible. But this is not the end of the road for us. We will continue to fight for immigrant rights, and we will continue to help people who may benefit from DACA and DAPA, and to help our immigrant community.
AMY GOODMAN: Oscar, it may not end just with this court decision. Texas Governor Greg Abbott says he’ll sign legislation to repeal the state’s DREAM Act if it comes before him. This is Governor Abbott.
GOV. GREG ABBOTT: The way the law is written is that students who are applying for in-state tuition under that law must be making progress toward establishing legal status. And there is absolutely no rules or regulations or determinations to see whether or not they are fulfilling the law as is written. So, at a minimum, the law has to be fixed.
AMY GOODMAN: The Texas DREAM Act offers in-state tuition rates to children of undocumented immigrants. It actually went into effect under his predecessor, Governor Perry. Oscar Hernandez, your reaction to Governor Abbott? And as we wrap up, your parents, where, Oscar, are they? And where do they stand in all of this legislation and these executive actions?
OSCAR HERNANDEZ: So it’s really good you bring that up, because the fact of the matter is that this executive action, this deferred action, it is not really a solution to the issue of undocumented immigrants here. It’s a step forward. It’s a step forward in the right direction. But, for example, my parents, who have been here all my life—they own houses, they own a business—they’re still undocumented. And based on the regulations from USCIS, they might not potentially benefit from the deferred action for parent of legal—parent of American citizens or legal permanent residents. So we know that this is not the final step for us. This is not the final step for our community.
And even when it comes to Greg Abbott’s comments, referring to the Texas in-state tuition that allows undocumented immigrants in Texas to get financial aid to go to university, we know that this is a tack—this is more playing politics with our community. And that, to me, is something I will not stand for. You know, people over politics, that’s one of the big things we tell people, that we will not let anybody play politics with our immigrant community, because that’s not—that’s not how I know this country is based on.
So, just like a battle that there might be going on right now for deferred action, there is one happening for in-state tuition, and this is something we are also involved in. If there’s any undocumented youth out there who might be graduating, who also might feel like they’re hopeless because they might think that they can’t get a job later on, they might think that they can’t go to school, we’re here to tell them that you can. We know people that have done this before. We know Texas has helped us, undocumented immigrants, apply to colleges and then get financial aid. And we will continue to fight for them, to make sure that other immigrants and other undocumented youth that are here can take advantage of these services. And we will continue to fight for parents, who might not benefit from deferred action, and our LGBTQ community, who sometime is neglected when it comes to this. So, no, there is a lot of power with undocumented immigrants, there is a lot of power for the community, and we intend to use that power.
AMY GOODMAN: José Espinoza, I want to end with you. As I said, you drove an hour and a half for this interview, and it’s your first time speaking, and you’re risking a lot. Why did you decide to do this?
JOSÉ ESPINOZA: I want to be an example for everybody like me, in a position to come out and not be afraid and use the resources that are available through organizations like United We Dream and others. Many of the—many friends I have, they are afraid to come out. They are afraid to say something. They’re afraid to show. They’re afraid or insecure, because of—they don’t have the resources. They don’t have the ways to help their families. And it’s just different. It’s just—
AMY GOODMAN: So, are you—
JOSÉ ESPINOZA: I just them to—I just want to give them an example and show them that, yes, we can do it, and there are people out there that can help us.
AMY GOODMAN: José, I want to thank you for being on with us, for your bravery. José Espinoza is an undocumented immigrant who had hoped to apply on Wednesday for consideration to stay in the United States under the expanded Deferred Action for Childhood Arrivals program that’s part of President Obama’s executive order. He now cannot make that application, but we’ll continue to follow your case. I also want to thank Oscar Hernandez for joining us, who is a lead field organizer for the United We Dream in Houston, Texas, where he’s lived for more than 15 years. It’s an immigrant youth-led organization fighting for relief and fair treatment for all undocumented immigrants. I also want to thank our guest in Washington, D.C., Marielena Hincapié, executive director of the National Immigration Law Center.
This is Democracy Now! When we come back, record cold strikes a third of the country. Maybe a hundred cities will post record lows today. At the same time, we’re seeing explosions at oil plants, derailment of oil bomb trains, as they’re called. What does this all mean? What can we do about it? Stay with us.
[break]
AMY GOODMAN: "The Browning of America" by Olmeca. The video for their song was made in collaboration with Puente Vision and the National Day Laborer Organizing Network. This is Democracy Now!, democracynow.org, The War and Peace Report. I’m Amy Goodman.
As many as 400,000 people marched through the pouring rain in the Argentine capital of Buenos Aires on Wednesday demanding an independent judiciary. The march came one month after the mysterious death of special prosecutor Alberto Nisman, who had accused Argentina’s president, Cristina Fernández de Kirchner, of helping to cover up Iran’s role in the deadly 1994 bombing of a Jewish community center that killed 85 people and injured hundreds in Buenos Aires. On January 18, Nisman was found dead in his apartment of a gunshot wound to the head. His body was discovered just a day before he was due to testify before lawmakers on his findings on the 1994 attack. Just four days before his death, Nisman appeared on television and outlined his allegations against the president and Foreign Minister Héctor Timerman. Investigators initially said Nisman’s death appeared to be a suicide, but no gunpowder residue was found on his hands. If it was not a suicide, who killed him? That question has gripped Argentina for the past month. We make sense of this unfolding story with Sebastian Rotella, senior reporter for the investigative news website ProPublica. He first covered the investigation into the 1994 bombing as a reporter for the Los Angeles Times based in Buenos Aires.
TRANSCRIPT
This is a rush transcript. Copy may not be in its final form.
AMY GOODMAN: This is Democracy Now!, democracynow.org, The War and Peace Report. I’m Amy Goodman. As many as 400,000 people marched through the pouring rain in the Argentine capital of Buenos Aires Wednesday, demanding an independent judiciary. The march came one month after the mysterious death of special prosecutor Alberto Nisman, who had accused Argentina’s president, Cristina Fernández de Kirchner, of helping to cover up Iran’s role in the deadly 1994 bombing of a Jewish community center that killed 85 people and injured hundreds in Buenos Aires. At Wednesday’s march, protesters waved placards reading "Truth" and "Justice," while others held posters saying "I am Nisman."
EDUARDO DI GIORGIO: [translated] There was a death. Nisman worked there for, I think, 10 years. I think he deserves our respect, and I’ve basically come to support other prosecutors who are investigating other cases, mainly for this.
PATRICIA MARTÍN: [translated] We had to be here. I think that everyone had to be here. The search for justice is something constant. So I think it was worth getting wet.
AMY GOODMAN: On January 18th, Alberto Nisman was found dead in his apartment of a gunshot wound to the head. His body was discovered just a day before he was due to testify before lawmakers on his findings on the 1994 attack. Just four days earlier, he appeared on television and outlined his allegations against the president and Foreign Minister Héctor Timerman.
ALBERTO NISMAN: [translated] The memorandum, the signing of the memorandum in the finalization of a process of impunity that started two years ago. In January of 2012, President Cristina Fernández de Kirchner ordered her foreign minister to disassociate Iran from the AMIA case for reasons I am going to explain.
AMY GOODMAN: Investigators initially said Nisman’s death appeared to be a suicide, but no gun powder residue was found on his hands. If it wasn’t a suicide, who killed him? That question has gripped Argentina for the past month. Could it have been Iranian agents or allies of the president or rogue intelligence agents or political opponents of the president?
To help us make sense of this unfolding story, we’re joined by Sebastian Rotella. He is a senior reporter for the investigative news website ProPublica. His most recent piece is headlined "Alberto Nisman and Argentina’s History of Assassinations and Suspicious Suicides." He first covered the investigation into the 1994 bombing as a reporter for the Los Angeles Times, when he was based in Buenos Aires.
Welcome to Democracy Now!, Sebastian. Can you just lay out for us what has taken place and why this—I don’t know—do you think it could bring down the government of Cristina Kirchner?
SEBASTIAN ROTELLA: Thank you. Good morning. I don’t know if it could bring down the government, but it is certainly, perhaps, the worst crisis in Argentine democracy since the return of democracy in 1983. And it is a fascinating case in that you have this history of investigations that are like labyrinths that lead not to justice, but to new labyrinths where there’s intense suspicion of government manipulation, of corruption, of the use of cases like the AMIA case, like this terrorist case, to—as part of wars within the security forces, and politics instead of reaching the truth. So now you’re seeing a really profound moment where people are out in the streets protesting about this case and this suspicious death, but also a larger culture of impunity and support for strengthening the justice system.
AMY GOODMAN: What happened in 1994?
SEBASTIAN ROTELLA: I beg your pardon?
AMY GOODMAN: Explain what happened in the 1994 bombing of the Jewish community center.
SEBASTIAN ROTELLA: It was the worst anti-Jewish attack in the history of the hemisphere. It was a huge bombing of the AMIA Jewish community center in Buenos Aires, which had been preceded two years earlier by another terrorist attack, a car bomb attack on the Israeli Embassy. And there were immediate suspicions and evidence and intelligence pointing at Middle Eastern terrorists, at Hezbollah, at Iranian diplomats, but all kinds of theories, all kinds of murky mysteries and contradictions. The investigation was marred by ineptitude and corruption and false leads, and police forces and intelligence services battling each other. In fact, a lot of the original investigators were themselves charged with cover-ups or bribery, obstruction of justice.
Nisman became a special prosecutor appointed by the government in 2004 and made considerable progress in achieving indictments of Iranian—alleged Iranian spies and Hezbollah operatives, for whom Interpol warrants were issued in 2007. What happened in 2013 was that the government of Cristina Kirchner changed its policy very dramatically and reached an agreement with Iran, ostensibly to set up a truth commission that would investigate the attack. What Nisman alleged was—this agreement itself was obviously legal, but he alleged that there was a secret criminal conspiracy to absolve Iran behind this memorandum and that Argentine spies were working against him and even negotiating this agreement with some of the chief suspects in Iran, fugitives in the case.
AMY GOODMAN: Now, when—after Nisman died and it was ruled a suicide, the president, Cristina Kirchner, said she thought it was a suicide, but she has since changed her view and said she believes he was murdered.
SEBASTIAN ROTELLA: That’s right. This has caused great consternation and confusion. She very quickly came out and said she thought it was a suicide. And she and her government, of course, deny these charges, which are just charges. And she said she felt Nisman had been mutilated by allies in the SIDE, intelligence service, to undermine her government by planting false leads. Then, a few days later, as you said, she changed her view and said—not really citing new evidence, but her new thesis that she expressed publicly was that she felt he had been killed by those same forces as part of a larger plot to undermine her government.
So, as you can imagine, this has caused—in a country where people are kind of automatically suspicious of these kinds of cases, where there have been staged suicides and political assassinations that have been covered up at the highest levels in the past, this change in sort of the assessment from the president, combined with questions about this death, which may have been a suicide, but it’s obviously a strange death with very strange timing by a man who had made very powerful accusations against the president, caused incredible doubt and suspicion.
AMY GOODMAN: Opposition Congresswoman Laura Alonso presented her testimony during the investigation into Nisman’s death last week. She was speaking to the prosecutor in charge of the case, Viviana Fein.
LAURA ALONSO: [translated] In the minutes in which we were alone, Prosecutor Nisman, while he explained to me the key points of the complaint, looked me in the eyes and said, "Laura, Cristina Kirchner ordered everything." He told me he was going forward with the complaint. And I asked Nisman, I said, "Don’t give me the details of the complaint, because I don’t want to find out, nor is it my role to find out, but I do want you to tell me, yes or no, if you present this complaint, will I have to call for the president’s impeachment?" Nisman took a breath and said, "Yes."
AMY GOODMAN: That’s opposition Congresswoman Laura Alonso. We only have a minute to go, Sebastian. Can you comment on what she’s saying and what led to Nisman filing a criminal complaint against the president herself?
SEBASTIAN ROTELLA: I think we have to absolutely understand that this is just a complaint, and these very serious allegations have yet to be proven. But there’s obviously a great conflict here in the political arena and in the intelligence services, in which Nisman felt that the president and her allies were going after his allies and himself in the intelligence service in terms of trying to remove them and block his case, and his criminal complaint was retaliation against that, based on what he felt was strong evidence. It remains to be seen. That case is being pursued. How strong the evidence he had and how serious the charges are in terms of being able to implicate powerful people up to the level of the president, that remains to be seen. Hopefully, this case will be different than others in the past, and we will actually see some clarity and some justice achieved.
AMY GOODMAN: Sebastian Rotella, I want to thank you for being with us, senior reporter for the investigative news website ProPublica. His latest piece, which we will link to, is headlined "Alberto Nisman and Argentina’s History of Assassinations and Suspicious Suicides."
SEBASTIAN ROTELLA: Thank you.
AMY GOODMAN: And that does it for our show. Today is the 19th anniversary of the first radio broadcast of Democracy Now! from the studios of WPFW in Washington, D.C. Now we broadcast on over 1,300 television and radio stations across the globe and reach millions of viewers and listeners through our website at democracynow.org. Go to our website to listen to our first program that aired the day before the 1996 New Hampshire primary. Thanks so much to our staff, our stations and our audience for making Democracy Now! possible.
Headlines:
Rebels in Control of Debaltseve After Heavy Losses Force Ukrainian Retreat
Pro-Russian rebels are now fully in control of the town of Debaltseve following a pullout by Ukrainian troops. Heavy clashes continued there over the past several days despite the ceasefire agreement that went into effect on Sunday. The Ukrainian military finally withdrew after suffering heavy casualties. The rebels claimed the ceasefire never applied to the town. In Washington, State Department spokesperson Jen Psaki said that with the exception of the Debaltseve clashes, the ceasefire appears to have held in most other areas.
Jen Psaki: "Reports indicate that separatists publicly declared that they refused to observe the ceasefire in Debaltseve and had a, quote, 'right' to shell Debaltseve because it was, quote, 'their territory.' The OSCE reports that the Russia-backed separatists continue to deny monitors access to Debaltseve, and warns of grave consequences of those in the city if the ceasefire is not implemented there. The OSCE also confirms that ceasefire violations in Ukraine’s east continue, as was the case yesterday, but the quantity and intensity of attacks has decreased, with the dramatic exception of course being Debaltseve, which I just outlined. We’ve also seen reports of the withdrawal of certain types of heavy weapons in various parts of Donetsk and Luhansk by both separatists and Ukrainian government forces."
Germany Rejects Greek Loan Extension as Austerity Standoff Deepens
Greece has formally asked the eurozone for a six-month extension of a loan agreement as it seeks to revise the terms of an international bailout. Talks between Greece and its European creditors collapsed this week amid disagreement over the future of German-backed austerity. Greece had been given a Friday deadline to request a new extension of its bailout and loans. Germany has rejected Greece’s demands, saying its extension request "is not a substantial proposal for a solution." On Wednesday, the European Central Bank reportedly agreed to free up billions of dollars in emergency credit to Greek banks.
Taliban, U.S. to Hold Qatar Peace Talks; Afghan Civilian Casualties Up 22% in 2014
Members of the Taliban in Afghanistan are reportedly set to hold a new round of peace talks with U.S. officials in Qatar. There is no firm timetable, but a Pakistani official said the negotiations could begin in March. The news comes as United Nations officials reported a 22 percent spike in Afghan civilian casualties last year.
Nicholas Haysom, U.N. envoy in Afghanistan: "Civilian causalities increased once again by 22 percent in comparison to those of 2013. UNAMA [United Nations Assistance Mission in Afghanistan] documented more than 10,000 civilian causalities in 2014, the highest number of civilian deaths and injuries recorded in a single year since 2009."
Georgette Gagnon, U.N. Assistance Mission in Afghanistan: "We saw a 40 percent increase in children causalities, with some 2,700 children killed and injured, compared to 2013 and an increase in women causalities by 21 percent, with some 300 women killed and 611 injured."
Obama Tells Extremism Summit ISIS Perverting Islamic Faith
The White House is holding a summit on countering the threat of violent extremism worldwide. In a speech on Wednesday, President Obama called the Islamic State a perversion of Islam.
President Obama: "Al-Qaeda and ISIL, and groups like it, are desperate for legitimacy. They try to portray themselves as religious leaders, holy warriors in defense of Islam. That’s why ISIL presumes to declare itself the Islamic State. And they propagate the notion that America — and the West, generally — is at war with Islam. That’s how they recruit, that’s how they try to radicalize young people. We must never accept the premise that they put forward, because it is a lie. Nor should we grant these terrorists the religious legitimacy that they seek. They are not religious leaders. They’re terrorists."
Heavy Blast at Exxon Refinery in California; Fire from West Virginia Train Derailment Continues
An explosion at an ExxonMobil refinery south of Los Angeles has rocked the surrounding area with the equivalent of a 1.4-magnitute earthquake. The blast in California happened as oil tank cars from a derailed train remained on fire Wednesday in West Virginia, two days after the accident. The derailment forced the evacuation of two towns and destroyed a house. More on this story later in the broadcast.
400,000 March in Argentina over Prosecutor’s Death
As many as 400,000 people have marched through the Argentine capital of Buenos Aires demanding an independent judiciary. The protest came one month after the mysterious death of special prosecutor Alberto Nisman, who had accused Argentina’s president, Cristina Fernández de Kirchner, of helping to cover up Iran’s role in the deadly 1994 bombing of a Jewish community center that killed 85 people and injured hundreds.
Former Gitmo Prisoner David Hicks Seeks Damages for Torture as Military Court Overturns Conviction
A military appeals court judge has overturned the 2007 conviction of former Guantánamo Bay prisoner David Hicks. Captured in Afghanistan, Hicks was held at Guantánamo for five years before reaching a plea deal to return to his native Australia. Hicks admitted to material support for terrorism and agreed to renounce his claim of suffering abuse in U.S. custody. Hicks had said he was sodomized, beaten and subjected to forced injections, allegations the military denied. He was the first Guantánamo prisoner convicted under the Military Commissions Act. Hicks appealed his case in 2013, saying his plea was made under duress. On Wednesday, Hicks’ conviction was struck down on the grounds his lone charge wasn’t recognized as a crime until years after his capture. On Wednesday, Hicks called on the United States to pay him compensation for medical damages resulting from his imprisonment and torture.
David Hicks: "I’m sure no one is surprised by today’s long-awaited acknowledgment by the government of the United States of America of my innocence. Even the Australian government has admitted that I had committed no crime. It’s just unfortunate that because of politics, I was subjected to five-and-a-half years of physical and psychological torture that I will now live with always. … But I do think, however, that someone should be responsible for my medical expenses. I’m in a lot of trouble at the moment physically. It’s even affecting my ability to do my day job, which is my only income. So, I’m in need of an operation on my left knee, my right elbow, my back. My teeth keep getting pulled because I couldn’t brush them for five-and-a-half years. So, it’s becoming a very expensive exercise to fix myself from the years of torture."
Hicks had previously said he would have died in Guantánamo had he not pleaded guilty. Also Wednesday, Australian Prime Minister Tony Abbott refused to apologize to Hicks on behalf of the Australian government.
Report: Police Detective Committed Abuses from Chicago to Guantánamo Bay
A former Guantánamo Bay interrogator involved in torture was also a longtime Chicago police officer known for abusing people of color. According to The Guardian, Richard Zuley spent three decades as a notoriously brutal detective on the Chicago police force. From 1977 to 2007, Zuley used tactics including torture, threats and abuse to elicit confessions from suspects, the majority of whom were not white. One of those confessions was later ruled to be false, and the sentence was vacated. Zuley’s methods included shackling suspects to walls through eyebolts for several hours, allegedly planting evidence, and issuing threats of harm to family members and sentences of the death penalty unless a suspect confessed. Zuley was also accused of brutal methods at Guantánamo Bay, where he was a reserve officer in charge of interrogating a prisoner who said he made a false confession due to torture.
Admin: 11.4 Million Obtain Insurance in New Obamacare Enrollment Period
The White House says around 11.4 million people have signed up for health insurance during the second enrollment period of Obamacare. In a video posted by the White House, President Obama said his signature healthcare program is doing better than expected.
President Obama: "It gives you some sense of how hungry people were out there for affordable, accessible health insurance. And that’s really the top-line message. The Affordable Care Act is working. It’s working a little better than we anticipated—certainly, I think, working a lot better than many of the critics talked about early on."
Report: Justice Dept. Ready to Sue Ferguson Police over Racial Bias
The Justice Department is reportedly prepared to sue the Ferguson, Missouri, police department if it does not address racial bias in its practices. According to CNN, outgoing Attorney General Eric Holder will announce the findings of a federal probe in the coming weeks, before he steps down. The Justice Department is expected to accuse the Ferguson police force of a history of systemic bias, backing the claims of a recent lawsuit that said local officials have targeted people of color with arrests, tickets and fines.
Holder Backs National Moratorium on Death Penalty amid Lethal Injection Review
Attorney General Eric Holder has announced he would support a national moratorium on the death penalty. Holder made the comments in light of a recent U.S. Supreme Court decision to stay executions in Oklahoma pending a review of its lethal injections.
Attorney General Eric Holder: "Now I’m speaking personally, not as a member of the administration, so somehow separate yourself here. You know, I think there are fundamental questions that we need to ask about the death penalty. I have not been shy in saying that I am a person who is opposed to the use of the death penalty. … The Supreme Court’s determination as to whether or not lethal injection is consistent with our Constitution is one that ought to occur. From my perspective, I think a moratorium until the Supreme Court made that determination would be appropriate."
Record-Breaking Cold Engulfs Eastern U.S.
Subzero temperatures have engulfed the eastern third of the United States today as a blast of Arctic air rolls in from Siberia. The cold is expected to shatter records in more than 100 places.
Report: Clinton, Warren Held Private Meeting to Discuss Economic Agenda
Hillary Rodham Clinton has held a private meeting with the senator many progressives hope will challenge her for the Democratic nomination, Elizabeth Warren. The New York Times reports Clinton invited Warren to her Washington, D.C., home in December to consult on building a populist economic agenda. Warren has been one of the Senate’s leading voices challenging corporate power and financial deregulation, including policies advanced under Clinton’s husband, President Bill Clinton, in the 1990s. Warren has said she is not running for president, but progressive activists have launched a campaign urging her to reconsider. During their meeting, Clinton reportedly did not ask Warren to endorse her likely presidential campaign.
UMass-Amherst Lifts Ban on Iranian Engineering Students Following Outcry
The University of Massachusetts, Amherst, has backed down on a plan to bar Iranian students from science and engineering programs following a wave of protests. Last week, the university said it would ban Iranian nationals from graduate programs in chemical, computer and mechanical engineering, as well as natural sciences, in what it said was a move to comply with U.S. sanctions dating back to 2012. But after a chorus of outrage from both students and faculty, the university said Wednesday it would lift the ban and implement a less restrictive policy.
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COLUMN
In ancient Greece, the birthplace of democracy, power derived from “demos,” the people. Well, the people of contemporary Greece have been reeling under austerity for five years, and have voted to put an end to it. In January, the anti-austerity Syriza Party was swept to power in national elections. Greece is a member of the so-called eurozone, the nations that joined together with a common currency back in 1999. Following the economic crash of 2009, the Greek economy was in shambles. In 2012, I interviewed economist and Syriza member Yanis Varoufakis, who is now Greece’s minister of finance, and is at the center of the current crisis in the eurozone.
“Greece is going through its Great Depression, something akin to what the United States went through in the 1930s,” he told me. “This is not just a change of government. It’s a social economy that has entered into a deep coma. It’s a country that is effectively verging to the status of a failed state.” In order to stabilize the Greek economy, a bailout package was proposed, delivered by three institutions reviled in Greece as “The Troika”: the European Commission, the European Central Bank and the International Monetary Fund. In exchange for the bailout of more than $100 billion euros, Greece would have to impose strict austerity measures, including mass layoffs of public-sector workers and the sale of public resources, like government-owned port facilities.
For years, the main political parties in Greece accepted the demands of the Troika, repressing the resulting protests with police violence. The new party in power, “Syriza,” is an acronym meaning “Coalition of the Radical Left,” and Varoufakis, along with his colleague Alexis Tsipras as prime minister, wasted no time challenging the austerity measures.
Paul Mason, economics editor at Channel 4 News in the United Kingdom, has been doing some of the best reporting in English on the Greek crisis. On the “Democracy Now!” news hour, I asked him to explain austerity: “Austerity in Greece means something like a 50 percent measurable increase in male suicides. It means real wages fell by 25 percent in five years ... you’ve got the 300,000 families who can’t afford electricity.” Interviewed in Der Spiegel, Varoufakis called austerity “fiscal waterboarding.” Greeks, as well, have not forgotten that Germany, under the Nazis, brutally occupied their nation for four years during World War II. Syriza’s representative in the European Parliament, 92-year-old Manolis Glezos, was imprisoned by the Nazis after he tore a swastika flag off of the Acropolis. “The German political class just can’t get their head around the idea,” Mason explained, “that a party has been elected that wants to do something so radically different, that they can’t do it without breaking the rules that the eurozone has been formed around. So it’s becoming cultural.”
Spain also has been wracked by the global recession, with 50 percent unemployment among young people. Bank foreclosures on homes are rampant, leaving people homeless but still required to pay the entire mortgage, leading to many suicides. In the midst of this financial ruin, a grass-roots movement grew, called by some “the Indignados,” the Indignant Ones. Thousands occupied a main square in Madrid, the Puerta del Sol, Gate of the Sun, demanding real democracy. Out of this grass-roots movement a political party was founded last May called “Podemos,” Spanish for “We Can.”
Pablo Iglesias, a 36-year-old former political-science professor, is the secretary-general of Podemos. He came to New York City this week. I asked him about the crisis in Spain, and what Podemos is doing about it: “My country has three big problems: inequality, unemployment and debt,” he explained. “After six years, the situation is worse than before. So, we think that in democracy, if something doesn’t work, you can change ... we want to organize another way to improve the situation.”
Two months after Podemos was formed, the party received 1.2 million votes and sent Iglesias and four other Podemos members to the European Parliament. One poll suggests Podemos could win the national election next November. If Podemos does win, Iglesias could well be Spain’s next prime minister. If elected, he promises to stop the evictions, restructure the debt and reform taxes, which, he says, burden the poor and middle class much more than the rich.
The future of Europe is in flux, as popular movements in Greece and Spain gain power and challenge traditional economic and political systems. The global economic crisis created enormous suffering for billions around the world. But it also created an opening, allowing people to reassess the rules under which they live and work, to challenge those in power, and to demonstrate that another world is possible.
Denis Moynihan contributed research to this column.
Amy Goodman is the host of “Democracy Now!,” a daily international TV/radio news hour airing on more than 1,200 stations in North America. She is the co-author of “The Silenced Majority,” a New York Times best-seller.
© 2015 Amy Goodman
Distributed by King Features Syndicate
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