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The Dictatorship

Trump attorneys argue Michigan effort to shut down straits pipeline interferes with foreign policy

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Trump attorneys argue Michigan effort to shut down straits pipeline interferes with foreign policy

The Trump administration is stepping into the legal fight over whether Enbridge can continue to operate an aging pipeline beneath a Great Lakes channel, arguing that Michigan Gov. Gretchen Whitmer interfered with U.S. foreign policy when she revoked the line’s easement almost five years ago.

The pipeline, known as Line 5, has moved crude oil between Superior, Wisconsin, and Sarnia, Ontario, since 1953. A 4.5-mile (6.4-kilometer) segment of the line runs under the Straits of Mackinac, a channel that links Lake Michigan and Lake Huron.

Concerns about the line rupturing and causing a catastrophic spill in the environmentally sensitive area have been growing since 2017, when Enbridge revealed its engineers had known about gaps in its protective coating since 2014. A boat anchor damaged the segment a year later, further stoking fears of a spill.

Whitmer, a Democrat and possible 2028 presidential contender, ordered her regulators in November 2020 to revoke the easement allowing the segment to operate beneath the straits. Enbridge filed a federal lawsuit that same year seeking to invalidate the order. The pipeline has continued to operate as the litigation drags on.

Trump attorneys say Michigan interfering with foreign policy, 1977 treaty

The Trump administration isn’t a party in the case. But U.S. Justice Department attorneys filed a brief on Sept. 12 arguing that Whitmer’s order amounted to an attempt to “globalize” Michigan’s regulatory authority and clash with the federal government’s goal of maintaining the flow of energy between the U.S. and Canada.

They also contend that the revocation clashes with executive orders President Donald Trump issued this year declaring that an abundant, reliable energy supply is key to protecting national security.

“Shutting down Line 5 could disrupt the energy supply chain, increase domestic prices, and enhance the economic and political power and leverage of malign foreign actors worldwide,” the attorneys wrote. “Such outcomes conflict with our nation’s foreign policy goals.”

They argue, too, that only the federal government can regulate pipeline safety and allowing states to enter that arena would lead to a untenable patchwork of regulations. A 1977 treaty between the U.S. and Canada prohibits authorities from impeding the flow of energy through pipelines running between the two counties, they add.

Whitmer’s attorneys say the state has authority to revoke the easement under the public trust doctrine, the legal principle that natural resources belong to the public and the state therefore has a duty to protect them.

Danny Wimmer, a spokesperson for Michigan Attorney General Dana Nessel, who is defending the revocation, said in an email Friday that Nessel plans to file a response in October. He pointed to earlier filings in which she argues that revoking the easement doesn’t impose or continue any safety regulations and is actually a pipeline routing decision within the state’s authority. The filings also contend that private parties such as Enbridge can’t bring a federal lawsuit to enforce the treaty with Canada.

The Trump administration’s arguments largely mirror those of Enbridge. Asked for comment on the administration’s filing, company spokesperson Michael Barnes in an email Friday pointed again to treaty provisions that he said prevent states and judges from unilaterally shutting down the pipeline.

U.S. District Judge Robert Jonker has scheduled a hearing on a Enbridge motion for summary judgment on Nov. 12.

Trump’s decision to take a stance in the case is a setback for Whitmer as she tries to protect her state’s interests without incurring the president’s wrath. She has stepped lightly around Trumpconvincing him to meet with her three times since January. In April, Trump called her a “very good person.”

Enbridge says tunnel would protect Line 5

Enbridge has proposed encasing the straits segment in a protective concrete tunnel, at an estimated cost of at least $500 million. Construction would destroy wetlands and bat habitat but the tunnel would eliminate the chance of another anchor rupturing the line, according to the U.S. Army Corps of Engineers.

Michigan regulators approved permits for the tunnel in December 2023. Enbridge needs only Army Corps’ approval before construction can begin. The Corps fast-tracked the permit in April after the Trump administration identified the tunnel for expedited emergency permitting.

Environmental groups and Native American tribes have sued the Michigan Public Service Commission, arguing the panel didn’t consider the overall need for the pipeline when weighing whether to grant the tunnel permits. The Michigan Supreme Court announced Friday that it would hear the case.

More legal sparring

Nessel filed her own lawsuit seeking to void the straits easement in 2019. The U.S. Supreme Court is weighing whether the case belongs in federal or state court.

The pipeline is at the center of a yet another legal dispute, this time in Wisconsin. A federal judge in Madison last summer gave Enbridge three years to shut down part of Line 5 that runs across the Bad River Band of Lake Superior’s reservation. The company has proposed rerouting the pipeline around the reservation and has appealed the shutdown order to the 7th U.S. Circuit Court of Appeals.

On a separate legal track, environmental groups and the Bad River Band have asked a judge to void state permits for the reroute. Hearings in that matter are scheduled to stretch into October.

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The Dictatorship

Trump pushes Pam Bondi to pursue cases against his foes

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Trump pushes Pam Bondi to pursue cases against his foes

Eight months into his second term, President Donald Trump’s long-standing pledge to take on those he perceives as his political enemies has prompted debates over free speech, media censorship and political prosecutions.

From late-night comedian Jimmy Kimmel’s suspension to Pentagon restrictions on reporters and an apparent public appeal to Attorney General Pam Bondi to pursue legal cases against his adversaries, Trump has escalated moves to consolidate power in his second administration and root out those who have spoken out against him.

In a post on social media this weekend addressed to Bondi, Trump said “nothing is being done” on investigations into some of his foes.

“We can’t delay any longer, it’s killing our reputation and credibility,” he said. Noting that he was impeached and criminally charged, “JUSTICE MUST BE SERVED, NOW!!!”

Criticizing investigations into Trump’s dealings under Democratic President Joe Biden’s Justice Department, Sen. Rand Paul, R-Ky., said Sunday that “it is not right for the Trump administration to do the same thing.”

Directive to Bondi to investigate political opponents

Trump has ratcheted up his discussion of pursuing legal cases against some of his political opponents, part of a vow for retribution that has been a theme of his return to the White House. He publicly pressed Bondi this weekend to move forward with such investigations.

Trump posted somewhat of an open letter on social media Saturday to his top prosecutor to advance such inquiries, including a mortgage fraud probe into New York Attorney General Letitia James and a possible threat case against former FBI Director James Comey.

He posted that he had “reviewed over 30 statements and posts” that he characterized as criticizing his administration for a lack of action on investigations.

“We have to act fast — one way or the other,” Trump told reporters later that night at the White House. “They’re guilty, they’re not guilty — we have to act fast. If they’re not guilty, that’s fine. If they are guilty or if they should be charged, they should be charged. And we have to do it now.”

Trump later wrote in a follow-up post that Bondi was “doing a GREAT job.”

Paul, a frequent Trump foil from the right, was asked during an interview on NBC’s “Meet the Press” about the propriety of a president directing his attorney general to investigate political opponents. The senator decried “lawfare in all forms.”

Sen. Chris Murphy, D-Conn., said it was “unconstitutional and deeply immoral for the president to jail or to silence his political enemies.” He warned it could set a worrisome precedent for both parties.

“It will come back and boomerang on conservatives and Republicans at some point if this becomes the norm,” Murphy told ABC’s “This Week.”

The Senate’s Democratic leader, Chuck Schumer of New York, said on BLN’s “State of the Union” that Trump is turning the Justice Department “into an instrument that goes after his enemies, whether they’re guilty or not, and most of them are not guilty at all, and that helps his friends. This is the path to a dictatorship. That’s what dictatorships do.”

The Justice Department did not respond Sunday to a message seeking comment.

Appointment of new prosecutor in Letitia James investigation

Each new president nominates his own U.S. attorneys in jurisdictions across the country. And Trump has already worked to install people close to him in some of those jobs, including former Fox News host Jeanine Pirro in the District of Columbia and Alin Habbahis former attorney, in New Jersey.

Trump has largely stocked his second administration with loyalists, continuing Saturday with the nomination of a White House aide as top federal prosecutor for the office investigating James, a longtime foe of Trump.

Trump announced Lindsey Halligan to be the U.S. attorney in the Eastern District of Virginia on Saturday, just a day after Erik Siebert resigned from the post and Trump said he wanted him “out.”

Trump said he was bothered that Siebert had been supported by the state’s two Democratic senators.

“There are just two standards of justice now in this country. If you are a friend of the president, a loyalist of the president, you can get away with nearly anything, including beating the hell out of police officers,” Murphy said, mentioning the defendants in the Jan. 6, 2021, riot at the U.S. Capitol pardoned by Trump as he returned to office. “But if you are an opponent of the president, you may find yourself in jail.”

New restrictions on Pentagon reporters

Trump has styled himself as an opponent of censorship, pledging in his January inaugural address to “bring free speech back to America” and signing an executive order that no federal officer, employee or agent may unconstitutionally abridge the free speech of any American citizen.

Under a 17-page memo distributed Friday, the Pentagon stepped up restrictions on the mediasaying it will require credentialed journalists to sign a pledge to refrain from reporting information that has not been authorized for release, including unclassified information. Journalists who don’t abide by the policy risk losing credentials that provide access to the Pentagon.

Asked Sunday if the Pentagon should play a role in determining what journalists can report, Trump said, “No, I don’t think so.”

“Nothing stops reporters. You know that,” Trump told reporters as he left the White House for Charlie Kirk’s memorial service.

Trump has sued numerous media organizations for negative coverage, with several settling with the president for millions of dollars. A federal judge in Florida tossed out Trump’s $15 billion defamation lawsuit against The New York Times on Friday.

Jimmy Kimmel ouster and FCC warning

Perhaps the most headline-grabbing situation involves ABC’s indefinite suspension Wednesday of veteran comic Jimmy Kimmel’s late-night show. What he said about Kirk’s killing had led a group of ABC-affiliated stations to say it would not air the show and provoked some ominous comments from a top federal regulator.

Host Jimmy Kimmel speaks at the Oscars in Los Angeles on Feb. 26, 2017. (Photo by Chris Pizzello/Invision/AP, File)

Host Jimmy Kimmel speaks at the Oscars in Los Angeles on Feb. 26, 2017. (Photo by Chris Pizzello/Invision/AP, File)

Trump celebrated on his social media site: “Congratulations to ABC for finally having the courage to do what had to be done.”

Earlier in the day, the Federal Communications Commission chairman, Brendan Carrwho has launched investigations of outlets that have angered Trump, said Kimmel’s comments were “truly sick” and that his agency has a strong case for holding Kimmel, ABC and network parent Walt Disney Co. accountable for spreading misinformation.

“We can do this the easy way or the hard way,” Carr said. “These companies can find ways to take action on Kimmel or there is going to be additional work for the FCC ahead.”

Sen. Markwayne MullinR-Okla., argued that Kimmel’s ouster wasn’t a chilling of free speech but a corporate decision.

“I really don’t believe ABC would have decided to fire Jimmy Kimmel over a threat,” he said Sunday on BLN. “ABC has been a longstanding critic of President Trump. They did it because they felt like it didn’t meet their brand anymore.”

Not all Republicans have applauded the move. On his podcast Friday, GOP Sen. Ted Cruz of Texas called it “unbelievably dangerous for government to put itself in the position of saying we’re going to decide what speech we like and what we don’t, and we’re going to threaten to take you off air if we don’t like what you’re saying.”

Trump called Carr “a great American patriot” and said Friday that he disagreed with Cruz.

___

Kinnard can be reached at http://x.com/MegKinnardAP.

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The Dictatorship

Hegseth imposes new press restrictions, eyes greater Pentagon control over access

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Hegseth imposes new press restrictions, eyes greater Pentagon control over access

During a recent “expletive-laden address” at the Army War College, Defense Secretary Pete Hegseth boasted, “We are laser-focused on our mission of warfighting.” The former Fox News host did not, however, note that he was apparently referring to a domestic culture war.

During his tenure, the beleaguered Pentagon chief has invested a considerable amount of time and energy in library books. And paintings. And scrubbing Defense Department websites of articles and images about Jackie Robinson and the Navajo Code Talkers. And renaming Navy ships. And leading a Christian prayer service in the Pentagon’s auditorium. And amplifying videos about denying women the right to vote. And creating new grooming standards.

But in case that weren’t quite enough, Hegseth has also carved out time to push back against the industry he ostensibly worked in before joining the Trump administration: the news media.

As The Associated Press reported“The Pentagon this year has evicted many news organizations while imposing a series of restrictions on the press that include banning reporters from entering wide swaths of the Pentagon without a government escort — areas where the press had access in past administrations as it covers the activities of the world’s most powerful military.”

Late last week, these efforts took a dramatic turn for the worse. NBC News reported:

Journalists who cover the Defense Department at the Pentagon can no longer gather or report information, even if it is unclassified, unless it’s been authorized for release by the government, defense officials announced Friday. Reporters who don’t sign a statement agreeing to the new rules will have their press credentials revoked, officials said.

I’m mindful of the fact that Donald Trump and his team have launched a radical offensive against the First Amendment and its protections for the free press, but that doesn’t make the developments at the Pentagon any less ridiculous.

Sen. Jack Reed, D-R.I., a military veteran and ranking member on the Senate Armed Services Committee, called the restrictions “an ill-advised affront to free speech and freedom of the press.”

“Secretary Hegseth’s restrictions on the press are part of a broader attempt by this Administration to cover up missteps, stifle independent journalism, and obscure the truth,” Reed said. “American journalists are not, should not, and must not be mere stenographers for the party in power or the Pentagon itself.”

The senator’s use of the word “stenographers” was especially notable because it summarized the underlying problem nicely: Hegseth’s policyfor all intents and purposes, requires professional journalists to publish only what the Defense Department has approved for public release.

That might very well make the secretary happy and improve his job security — Hegseth has been humiliated in recent months from revelations that emerged from sources within the Pentagon — but this isn’t how things are supposed to work in the United States.

Even some Republicans acknowledged the absurdity of the demand.

Rep. Don Bacon of Nebraska, whose looming retirement seems to have made it easier for the congressman to speak candidly, wrote online“This is so dumb that I have a hard time believing it is true. We don’t want a bunch of Pravda newspapers only touting the Government’s official position. A free press makes our country better. This sounds like more amateur hour.”

Whether the pushback prompts a change in direction remains to be seen. Watch this space.

Steve legs

Steve Benen is a producer for “The Rachel Maddow Show,” the editor of MaddowBlog and an BLN political contributor. He’s also the bestselling author of “Ministry of Truth: Democracy, Reality, and the Republicans’ War on the Recent Past.”

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The Dictatorship

Why Trump’s directive to AG Bondi should be seen as an impeachment-level scandal

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Why Trump’s directive to AG Bondi should be seen as an impeachment-level scandal

Imagine a scenario in which an investigative reporter uncovered a secret document from the White House. The document, in this hypothetical, showed Donald Trump quietly directing his attorney general to manufacture criminal cases against his political foes, without regard for evidence or propriety, as part of a brazenly corrupt and overtly authoritarian scheme.

In this scenario, the investigative reporter who obtained this secret document would, in a normal and healthy democracy, have a scoop for the ages. The public exposure of such a document would instantly become the kind of story that would rock the political system, spark heated congressional hearings and generate questions about possible resignations.

But in 2025, there’s apparently no need for an investigative reporter to uncover a clandestine plot — because the president published his scheme online for all the world to see. The New York Times reported:

President Trump demanded on Saturday that his attorney general move quickly to prosecute figures he considers his enemies, the latest blow to the Justice Department’s tradition of independence. ‘We can’t delay any longer, it’s killing our reputation and credibility,’ Mr. Trump wrote in a social media post addressed to ‘Pam,’ meaning Attorney General Pam Bondi.

The online missive was head-spinning in its absurdity. Trump began his message, “I have reviewed over 30 statements and posts saying that, essentially, ‘same old story as last time, all talk, no action. Nothing is being done. What about Comey, Adam ‘Shifty’ Schiff, Leticia??? They’re all guilty as hell, but nothing is going to be done.’”

In other words, to hear the president tell it, he saw some “posts” from unnamed people who want some of Trump’s political adversaries to be punished, because they’re “guilty” of unidentified crimes, and these “posts” should necessarily spur action from the Justice Department, because the president said so.

Concluding that “they” impeached him and tried to hold him accountable for a variety of alleged felonies, the Republican concluded that he’s desperate to turn the tables on his enemies. “JUSTICE MUST BE SERVED, NOW!!!” he wrote.

In case that was too subtle, Trump spoke briefly with reporters soon after, one of whom asked whether he was criticizing Bondi for not having already gone after his domestic adversaries. “No, I just want people to act,” the president replied. “They have to act, and we want to act fast. … We have to act fast.”

The Times’ report added, “Even for a president who has shattered the traditional norms of maintaining distance from the Justice Department, Mr. Trump’s unabashedly public and explicit orders to Ms. Bondi were an extraordinary breach of prosecutorial protocols that reach back to the days following the Watergate scandal.”

The Watergate reference is notable in large part because it helps contextualize the gravity of the circumstances: Trump isn’t just being accused of trying to weaponize federal law enforcement, he’s publicly flaunting his efforts.

His online directive was, for all intents and purposes, a confession in which he freely acknowledged his guilt. “Yes, I admit that I’m pressuring my attorney general to prosecute my political foes,” the president effectively declared. “And I’d prefer it if she hurried up and satisfied my hunger for revenge sooner rather than later.”

There’s no precedent in the American tradition for such explicit corruption of the rule of law. It is the stuff of impeachment resolutions. It is a brazen display of a desperate man who believes he’s both above the law and freed from the burdens of accountability.

Steve legs

Steve Benen is a producer for “The Rachel Maddow Show,” the editor of MaddowBlog and an BLN political contributor. He’s also the bestselling author of “Ministry of Truth: Democracy, Reality, and the Republicans’ War on the Recent Past.”

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