[Note from BenIndy Contributor Nathalie Christian: Check out the full indictment here.]

Fulton County Judge Robert McBurney hands back indictment papers from a grand jury after reviewing the pages on Wednesday. | Joshua Lott / The Washington Post.

The Washington Post, by Holly Bailey and Amy Gardner, August 14, 2023

ATLANTA — Former president Donald Trump and 18 others were criminally charged in Georgia on Monday in connection with efforts to overturn Joe Biden’s 2020 victory in the state, according to an indictment made public late Monday night.

Trump was charged with 13 counts, including violating the state’s racketeering act, soliciting a public officer to violate their oath, conspiring to impersonate a public officer, conspiring to commit forgery in the first degree and conspiring to file false documents.

The historic indictment, the latest to implicate the former president, follows a 2½-year investigation by Fulton County District Attorney Fani T. Willis (D). The probe was launched after audio leaked from a January 2021 phone call during which Trump urged Georgia Secretary of State Brad Raffensperger (R) to question the validity of thousands of ballots, especially in the heavily Democratic Atlanta area, and said he wanted to “find” the votes to erase his 2020 loss in the state.

Willis’s investigation quickly expanded to other alleged efforts by him or his supporters, including trying to thwart the electoral college process, harassing election workers, spreading false information about the voting process in Georgia and compromising election equipment in a rural county. Trump has long decried the Georgia investigation as a “political witch hunt,” defending his calls to Raffensperger and others as “perfect.”

Among those named in the 98-page indictment, charged under Georgia’s anti-racketeering law, are Rudy Giuliani, the former New York mayor who served as Trump’s personal attorney after the election; Trump’s former White House chief of staff Mark Meadows; and several Trump advisers, including attorneys John Eastman and Kenneth Chesebro, architects of a scheme to create slates of alternate Trump electors.

Also indicted were two Georgia-based lawyers advocating on Trump’s behalf, Ray S. Smith II, and Robert Cheeley; a senior campaign adviser, Mike Roman, who helped plan the elector meeting; and two prominent Georgia Republicans who served as electors: former GOP chairman David Shafer and former GOP finance chairman Shawn Still.

Several lesser known players who participated in efforts to reverse Trump’s defeat in Georgia were also indicted, including three people accused of harassing Fulton County election worker Ruby Freeman. They are Stephen Cliffgard Lee, Harrison Floyd and Trevian Kutti. The latter is a former publicist for R. Kelly and associate of Kanye West.

A final group of individuals charged in the indictment allegedly participated in an effort to steal election-equipment data in rural Coffee County, Ga. They are former Coffee County elections supervisor Misty Hampton, former Coffee County GOP chair Cathy Latham and Georgia businessman Scott Hall.

Trump was indicted in Washington, D.C., earlier this month in a separate Justice Department probe into his various attempts to keep his grip on power during the chaotic aftermath of his 2020 defeat. Some aspects of that four-count federal case, led by special counsel Jack Smith, overlaps with Willis’s sprawling probe, which accuses Trump and his associates of a broad, criminal enterprise to reverse Joe Biden’s election victory in Georgia.

But the Fulton County indictment, issued by a grand jury and made public Monday night, is far more encompassing and detailed than Smith’s ongoing federal investigation.

Prosecutors brought charges around five separate subject areas, including false statements by Trump allies, including Giuliani, to the Georgia legislature; the breach of voting data in Coffee County, Ga.; calls Trump made to state officials including Raffensperger seeking to overturn Biden’s victory; the harassment of election workers and the creation of a slate of alternate electors to undermine the legitimate vote. Those charged in the case were implicated in certain parts of what prosecutors presented as a larger conspiracy to undermine the election

Willis had signaled for months that she planned to use Georgia’s expansive anti-racketeering statutes that allow prosecutors not only to charge in-state wrongdoing but to use activities in other states to prove criminal intent in Georgia. Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) statute is one of the most expansive in the country and is broader than federal law in how prosecutors can define a criminal enterprise or conspiracy.

In January 2022, Willis requested an unusual special purpose grand jury be convened to continue the probe, citing the reluctance of witnesses who would not speak to prosecutors without a subpoena. The investigative body of 23 jurors and three alternates picked from a pool of residents from Atlanta and its suburbs was given full subpoena power for documents and the ability to call witnesses — though it could not issue indictments, only recommendations in the case.

Over roughly eight months, the panel heard from 75 witnesses — including key Trump advisers including Giuliani, Meadows and U.S. Sen. Lindsey O. Graham (R-S.C.), who waged a failed legal battle all the way to the U.S. Supreme Court to block his subpoena before ultimately testifying.

The panel also heard from several key witnesses in the investigation, including Raffensperger and Georgia Gov. Brian Kemp (R), who were on the other end of aggressive lobbying efforts by Trump and his associates to overturn Trump’s loss in the state.

In January, the special grand jury concluded its work and issued a final report on its investigation, which was largely kept under seal by the judge who oversaw the panel.

Fulton County Superior Court Judge Robert McBurney cited “due process” concerns for “potential future defendants” as Willis considered charges in the case. But in February, McBurney released a five-page excerpt of the report — including a section in which the panel concluded that some witnesses may have lied under oath during their testimony and recommended that charges be filed.

The panel’s forewoman later confirmed that the special grand jury had recommended multiple indictments — though she declined to say of who.

Trump’s attorneys later sought to disqualify Willis and her office from the case — citing Willis’s public comments about the investigation — and quash the final report and any evidence gathered by the special purpose grand jury. The motions were rejected by McBurney and the Georgia Supreme Court, which ruled that Trump had no legal standing to stop an investigation before charges were filed.

In the spring, amid security concerns, Willis took the unusual step of telling law enforcement that she planned to announce her charging decision in August. Because the special grand jury could not issue indictments, prosecutors presented their case to a regular grand jury sworn in last month, which began hearing the case Monday.

Trump’s attorneys are likely to immediately seek to have the case thrown out, reviving their complaints about Willis and the use of a special grand jury in the case.

Trump has intensified his attacks on Willis and other prosecutors examining his activities, describing them as “vicious, horrible people” and “mentally sick.” Trump has referred to Willis, who is Black, as the “racist DA from Atlanta.” His 2024 campaign included her in a recent video attacking prosecutors investigating Trump. Willis has generally declined to respond directly to Trump’s attacks, but in a rare exception, she said in an email last week sent to the entire district attorney’s office that Trump’s ad contained “derogatory and false information about me” and ordered her employees to ignore it.

“You may not comment in any way on the ad or any of the negativity that may be expressed against me, your colleagues, this office in coming days, weeks or months,” Willis wrote in the email, obtained by The Washington Post. “We have no personal feelings against those we investigate or prosecute and we should not express any. This is business, it will never be personal.”

Still, Willis has repeatedly raised concerns about security as her investigation has progressed, citing Trump’s “alarming” rhetoric and the racist threats she and her staff have received. Willis is often accompanied by armed guards at public appearances, and security at her office and her residence was increased even more in recent days ahead of the expected charging announcement, according to a law enforcement official who spoke on the condition of anonymity to describe sensitive security matters.

This story is developing. It will be updated.

Air pollution, Climate activists, Climate Change, Judicial Courage, Our Children's Trust, Young adults, Youth

Judge rules in favor of Montana youths in landmark climate decision

August 14, 2023 Nathalie Christian

Sariel Sandoval, member of the Bitterroot Salish, Upper Pend d’Oreille, and Diné Tribes, poses for a portrait in Berkeley, Ca. on Friday, July 28, 2023. Sandoval is one of 16 youth plaintiffs suing the state of Montana over its contributions to climate change. | Amy Osborne / The Washington Post.

The Washington Post, by Kate Selig, August 14, 2023

In the first ruling of its kind nationwide, a Montana state court decided Monday in favor of young people who alleged the state violated their right to a “clean and healthful environment” by promoting the use of fossil fuels.

The court determined that a provision in the Montana Environmental Policy Act has harmed the state’s environment and the young plaintiffs, by preventing Montana from considering the climate impacts of energy projects. The provision is accordingly unconstitutional, the court said.

The win, experts say, could energize the environmental movement and reshape climate litigation across the country, ushering in a wave of cases aimed at advancing action on climate change.

“People around the world are watching this case,” said Michael Gerrard, the founder of Columbia’s Sabin Center for Climate Change Law.

The ruling represents a rare victory for climate activists who have tried to use the courts to push back against government policies and industrial activities they say are harming the planet. In this case, it involved 16 young Montanans, ranging in age from 5 to 22, who brought the nation’s first constitutional and first youth-led climate lawsuit to go to trial.

Though the cumulative number of climate cases around the world has more than doubled in the last five years, youth-led lawsuits in the United States have faced an uphill battle. Already, at least 14 of these cases have been dismissed, according to a July report from the United Nations Environment Program and the Sabin Center. The report said about three-quarters of the approximately 2,200 ongoing or concluded cases were filed before courts in the United States.

Experts said the Montana youth had an advantage in the state’s constitution, which guarantees a right to a “clean and healthful environment.”

Coal is critical to the state’s economy, and Montana is home to the largest recoverable coal reserves in the country. The plaintiff’s attorneys say the state has never denied a permit for a fossil fuel project.

Across five days of emotional testimony in June, the youths made claims about injuries they have suffered as a result of climate change. A 15-year-old with asthma described himself as “a prisoner in my own home” when isolating with covid during a period of intense wildfire smoke. Rikki Held, the 22-year-old plaintiff for whom the lawsuit is named, detailed how extreme weather has hurt her family’s ranch.

Held testified that a favorable judgment would make her more hopeful for the future. “I know that climate change is a global issue, but Montana has to take responsibility for our part in that,” she said.

Attorneys for the state countered that Montana’s contribution to global greenhouse gas emissions is small. If the law in question were altered or overturned, Montana Assistant Attorney General Michael Russell said, there would be “no meaningful impact or appreciable effect” on the climate.

The state began and rested its defense on the same day, bringing the trial to an unexpectedly early close on June 20. In a pivot from its expected defense disputing the climate science behind the plaintiffs’ case, the state focused instead on arguing that the legislature should weigh in on the contested law, not the judiciary. Russell derided the case in his closing statement as a “week-long airing of political grievances that properly belong in the Legislature, not a court of law.”

Gerrard said the change in strategy came as a surprise: “Everyone expected them to put on a more vigorous defense,” he said. “And they may have concluded that the underlying science of climate change was so strong that they didn’t want to contest it.”

Though the state is expected to appeal the decision, experts said the favorable verdict for the youths could influence how judges approach similar cases in other states and prompt them to apply “judicial courage” in addressing climate change. The nonprofit law firm Our Children’s Trust, which represents the plaintiffs, has taken legal action on behalf of youths in all 50 states, and has cases pending in four other states.

Juliana v. United States, a 2015 case brought by Our Children’s Trust that drew international attention, is also back on path to trial after facing repeated setbacks. The case took aim at the federal government, alleging that it had violated the 21 youths’ rights to life, liberty and property, as well as failed to protect public trust resources, in taking actions that contribute to climate change.

Plaintiffs’ attorney Phil Gregory said the court’s verdict could empower youth everywhere to take to the courts to secure their futures.

“There are political decisions being made without regard to the best scientific evidence and the effects they will have on our youngest generations,” he said. “This is a monumental decision.”

Air Monitoring, Bay Area Air Quality Management District (BAAQMD), Benicia Community Air Monitoring Program (BCAMP), Valero Benicia Refinery

Benicia mayor says Valero’s latest alleged emissions violations ‘should bother all Benicia residents’

August 12, 2023 Nathalie Christian

Valero Benicia Refinery. | Scott Morris / Vallejo Sun.

Vallejo Sun, by Scott Morris, August 10, 2023

BENICIA – The Bay Area Air Quality Management District announced Thursday that it had discovered continued violations at the Valero Benicia refinery during its investigation into years of toxic releases.

Specifically, the air district said that Valero had failed to install required pollution control equipment on eight pressure relief devices, safety devices that prevent extreme over pressurization that could cause a catastrophic equipment failure. The violations led to 165 tons of illegal emissions, the air district said. [Emph. added by BenIndy contributor.]

The air district said it is seeking an abatement order from its independent hearing board that would require Valero to immediately correct the violations.

“The extensive violations discovered at Valero’s Benicia refinery are of great concern,” air district chief counsel Alexander Crockett said in a statement. “Our priority is to protect the health and well-being of our communities, and we will vigorously pursue enforcement measures to achieve cleaner and safer air for all residents of the Bay Area.”

A Valero spokesperson did not immediately respond to a request for comment.

Benicia Mayor Steve Young said in a statement that Valero’s alleged continued pattern of emissions violations is “particularly concerning” and “should bother all Benicia residents.”

“The City is also waiting, with increasing impatience, to see how the separate, bigger, case of 16 years of unreported hydrogen emissions will be ultimately resolved,” Young said. “The citizens of Benicia deserve much more transparency from the refinery about these operational deficiencies than we have been receiving.”

The air district discovered the violations during its investigation into the release of toxic emissions from a hydrogen vent at the refinery that went on for nearly 20 years. The air district separately obtained an abatement order for those violations last year, though by the time it revealed the excess emissions publicly, it had already worked with Valero to correct them for some time.

Those excess emissions were first detected by Valero in 2003 when it started measuring output from the hydrogen vent, but the air district believes it likely had been going on even earlier and has no measurements from that time.

Since 2003, the air district estimates that the vent was releasing about 4,000 pounds of hydrocarbons per day, far more than state regulations allow. Overall, the district found that Valero released more than 10,000 tons of excess hydrocarbons over 16 years, including 138 tons of toxic air contaminants ethylbenzene, tolyrene, zolerine and the especially carcinogenic benzene.

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What to know about the new COVID variant before you go out this weekend

August 11, 2023 Nathalie Christian

[Note from BenIndy Contributor Nathalie Christian: Between the Benicia Peddler’s Fair this weekend the start of school next week, we’re entering a period of high risk for COVID exposure. Please take a moment to read about the new, highly transmissible “Eris” variant below and make choices that match not just your risk level, but the risk level of those closest to you – especially the elderly and the immunocompromised. If you’re in a high-risk group, don’t hesitate to reach out to your healthcare provider if you are experiencing symptoms. Not only is Paxlovid plentiful, it is also very effective; in its initial trial involving unvaccinated, high-risk patients, Paxlovid reduced hospitalization or death by 86 percent. Stay vigilant, stay safe.]

What to know about ‘Eris,’ the new COVID-19 subvariant sweeping the US

Lu Foster receives a COVID-19 booster shot at the Lynne and Roy M. Frank Residences in San Francisco in October 2021. The FDA approved a second bivalent booster dose for older adults and people with compromised immune systems. | Brontë Wittpenn for The Chronicle.

Today, by Caroline Kee, August 10, 2023

The EG.5 “Eris” variant is now the dominant COVID-19 strain in the U.S. Here’s what to know about transmission and symptoms.

A new COVID-19 variant called EG.5 is sweeping across the United States as cases and hospitalizations rise. The fast-spreading new COVID subvariant, also referred to as Eris, is now the dominant strain circulating in the U.S., health officials say.

As of last week, EG.5 accounted for the largest proportion of COVID-19 infections in the country compared to any other variant, according to the latest data from the U.S. Centers for Disease Control and Prevention,

Eris is also on the rise in several other countries around the globe. On Wednesday, Aug. 9, the World Health Organization decided to classify EG.5 as a “variant of interest.”

The new subvariant, which experts nicknamed “Eris” on social media, started circulating in the U.S. earlier this spring. Last month, EG.5 quickly overtook the prevailing omicron XBB subvariants, which had been driving the largest share of cases in the country.

During a two-week period ending on Aug. 5, Eris accounted for an estimated 17.3% of new confirmed COVID-19 cases in the U.S., up from 12% two weeks prior, according to the latest CDC data.

Many are wondering if the EG.5 subvariant is more transmissible or severe, and whether it’s causing different symptoms.

What is EG.5 , aka Eris?

EG.5 is a descendant of the omicron XBB sublineage of the virus (specifically, XBB.1.9.2), but it has an extra mutation in its spike protein, according to a WHO risk evaluation report.

“When we look at its sequence, EG.5 is really similar to the other XBB variants that are circulating right now, with a couple of small changes,” Dr. Andrew Pekosz, a virologist at Johns Hopkins University, tells TODAY.com.

The WHO added EG. 5 to its list of variants under monitoring on July 19, 2023, but the variant was first detected in February 2023. “Scientists have known about this variant, and it’s been present in other countries, as well,” says Pekosz.

So far, EG.5 has been reported in 51 countries and there has been a steady increase in prevalence globally — the majority of sequences are from China, followed by the U.S., South Korea, Japan and Canada, per WHO.

XBB.1.16, also called the “Arcturus” variant, remains the most prevalent strain of COVID-19 worldwide.

WHO considers the public health risk posed by EG.5 to be “low” and similar to that of XBB.1.16 and other variants of interest.

Is EG. 5 more transmissible?

The EG.5 variant is very similar to other omicron variants, which means it’s highly transmissible, Dr. Albert Ko, an infectious disease physician and professor at Yale School of Public Health, tells TODAY.com.

However, EG.5 is likely more transmissible than other XBB variants, Dr. Sharon Nachman, chief of the division of pediatric infectious diseases at Stony Brook Children’s Hospital, tells TODAY.com.

“If it was equally transmissible, then we wouldn’t see it gaining strength number-wise compared to some of the other variants,” says Nachman, adding that EG.5 quickly pushed out other XBB variants in the U.S., which were dominant over the summer.

Why exactly EG.5 is more transmissible is not yet known, Ko says.

“Whether it’s escaping population immunity or it has some intrinsic factor that makes it better able to transmit from one person to another … it’s hard to separate,” he adds.

According to WHO, EG.5 has increased immune escape properties compared to other variants. “EG.5 may cause a rise in case incidence and become dominant in some countries or even globally,” WHO said in a report.

However, Pekosz notes that the EG.5 variant may not be the sole reason for the U.S. summer uptick. “When you have a new variants, and cases creeping up, there’s always concern about whether that variant could be driving the increase,” says Pekosz.

“Right now, it doesn’t look like that variant alone is driving the case increases (in the U.S.) … there’s still a lot of other variants co-circulating,” he adds.

According to CDC estimates, EG.5 accounted for about 17% of COVID-19 cases in the U.S. during the two-week period ending on Aug. 3. — after EG.5, the next most common variants were XBB.1.16, XBB.2.3, and XBB.1.5, which accounted for 15%, 11% and 10% of cases, respectively.

“We’re keeping an eye on (EG.5) because of the uptick in cases, but it doesn’t look like there’s anything particularly concerning about this variant,” says Pekosz.

More data is needed to understand how EG.5’s transmissibility compares to other strains. However, decreased levels of testing and genomic sequencing are making it harder to accurately track new COVID-19 cases and which variants are driving them, Pekosz notes.

“Right now, there’s an awful lot of guesswork,” he says.

Is EG.5 more severe?

The data available do not indicate that EG.5 causes a more severe infection compared to other variants, the experts note.

In its risk assessment of EG.5, WHO said, “There have been no reported changes in disease severity to date.”

Although the U.S. recently saw the first increase in COVID-19 hospitalizations of the year, there isn’t evidence that EG.5 is causing this uptick or that it’s more likely to cause hospitalizations in general, Nachman notes.

“The people that are getting hospitalized often have lots of co-morbidities, and they’re at-risk no matter what COVID strain they get,” says Nachman.

However, it’s possible that hospitalizations could increase even more because of more people getting infected with EG.5, says Ko. “There’s no clear evidence of that at this point, but we have to keep on evaluating,” Ko adds

Population immunity from vaccination and prior infection should protect people from severe illness as EG.5 continues to circulate.

What are the symptoms?

There isn’t enough clinical data about the most common symptoms of EG.5 yet, NBC News previously reported.

“There’s no change in EG.5 symptoms right now,” says Pekosz. So far, the symptoms of EG.5 look very similar to the standard omicron symptoms, says Ko. These include:

- Cough
- Sore throat
- Runny nose
- Sneezing
- Fatigue
- Headache
- Muscle aches
- Altered sense of smell

“It may progress to some more significant feelings of difficulty in breathing as the infection spreads into your lungs,” says Pekosz.

Certain groups are at higher risk of developing severe illness or complications, including people over 65 and those who are immunocompromised or have underlying medical conditions.

Can COVID-19 tests detect EG.5?

All COVID-19 tests — including PCR tests performed by a medical provider and rapid at-home antigen tests sold over-the-counter — should be detecting EG.5, says Pekosz.

The experts emphasize the importance of getting tested as COVID-19 cases increase, and especially during the fall when viruses that cause similar symptoms (such as flu and RSV) are circulating.

“If you’re in one of the high-risk groups for getting severe COVID, you really shouldn’t hesitate to get a test,” says Pekosz, adding that early detection and treatment is key. COVID-19 antivirals such as Paxlovid are effective against EG.5 and other variants, but they work best when taken early, he adds.

Whether your insurance covers COVID-19 testing may have changed since the end of the U.S. federal public health emergency in May, TODAY.com previously reported, so check with your insurer if you have questions about testing costs.

It’s also important to check the expiration date of at-home tests. The shelf life of rapid tests ranges from four to 24 months, according to the U.S. Food and Drug Administration, but the expiration dates of some tests have been extended.

Will I need a COVID-19 booster this fall?

The experts encourage everyone to stay up to date on COVID-19 vaccines, which may include a new booster dose in the coming months. In June 2023, the FDA advised vaccine manufacturers to update their boosters to target omicron XBB.1.5, which was the dominant strain at the time.

These shots haven’t been approved yet, but the FDA could authorize Pfizer’s booster shot by the end of August, NBC News reported.

Although the new boosters will not include the EG.5 strain, they may still provide protection, the experts note. “If I vaccinate you with the vaccine that contains XBB, you will make antibodies that are specific to XBB and pretty close to EG.5,” says Nachman.

“Right now, EG.5 looks like it’s very closely matched to the vaccine that’s going to be available this fall,” says Pekosz.

However, the CDC has not yet released any firm guidance or recommendations around booster doses for the fall.

“The message is to pay attention to the COVID vaccine program that’s going to come out in the fall. … It’s a vaccine that many people (especially high-risk individuals) should consider taking,” says Pekosz.

How to protect yourself from EG.5:

In addition to staying up to date on COVID-19 vaccinations, the experts emphasize taking precautions to protect yourself and curb transmission of COVID-19, including:

- Washing your hands with soap and water frequently
- Staying home when sick
- Avoiding contact with sick people
- Improving ventilation
- Wearing a mask in crowded, indoor spaces
- Covering coughs and sneezes

The Benicia Independent ~ Eyes on the Environment / Benicia news & views

Developing story – Trump charged in Georgia 2020 election probe, his fourth indictment