#david bernhardt

Chris D'Angelo at HuffPost:

When it comes to the public’s ability to pry documents loose from federal agencies, Donald Trump’s supporters accept nothing less than full disclosure and have spent the past few years bombarding federal agencies with requests for records. But it seems overwhelmingly likely that posture will soon change ― right around noon on Jan. 20.

Take Trump-era Interior Secretary David Bernhardt, who is now a key member of the president-elect’s transition team and is widely expected to land another powerful administration post next year. In a May 2023 episode of the America First Policy Institute’s podcast, “The Tank,” Bernhardt bemoaned that left-wing organizations he’d “never heard of” had “inundated” federal agencies with Freedom of Information Act (FOIA) requests during Trump’s first term, “to the point that it created a lot of activity in terms of slowing down the agenda.” “Frankly, I think they were very effective,” he said. “They’re highly funded by non-disclosed entities, and that’s fine. I was even surprised to find that much of their activity is tax-deductible.” “I’m not suggesting it’s illegal, but what I am suggesting is that it is incredibly one-sided,” he added. “That one-sided effort meant that their voice was often the only voice in the echo chamber surrounding policies related to the administration.” Bernhardt’s condemnation of perceived political adversaries using the 1967 law as intended to shine light on the inner functions of government is ironic. As a longtime lobbyist for oil, gas, mining and agricultural interests, Bernhardt entered the Trump administration with so many potential conflicts of interest that he had to carry around a card listing his former clients. Under his watch, the Department of the Interior repeatedly meddled with FOIA, going as far as to withhold information about Bernhardt ahead of his confirmation hearing to take over as secretary after the departure of scandal-plagued Ryan Zinke. And over the last couple of years, right-wing organizations, including the America First Policy Institute — many of them tax-exempt nonprofits and led by former Trump administration officials — have swamped the Interior Department and other federal agencies with thousands of records requests, many of them targeted at specific employees. (Bernhardt is chair of AFPI’s Center for American Freedom.)

Leading that sleuthing effort is the Heritage Foundation, an influential right-wing organization that spearheaded Project 2025, the extreme-right policy blueprint that GOP operatives compiled to guide Trump in a second term. Mike Howell, a former Trump administration official and current executive director of Heritage’s Oversight Project, told ProPublica last month that the foundation has filed more than 50,000 FOIA requests since 2022. Many of those requests target specific career civil servants and seek communications that mention a variety of “culture war” topics, including climate change action and diversity, equity and inclusion efforts. Others target internal discussions about Trump.

[...] One employee in the FOIA office of a government agency told ProPublica that the right-wing effort has jammed up the FOIA queue to the point that it has severely affected the agency’s ability to keep up with requests. And ethics watchdogs expect that the fishing expedition is part of Project 2025’s authoritarian vision of dismantling federal agencies and replacing tens of thousands of career staff — so-called rogue bureaucrats — with Trump loyalists willing to advance right-wing policies.

[...] The Trump administration has a record of doing exactly what Howell takes issue with. During Trump’s first year in office, federal agencies set a new record for censoring and withholding government documents requested through FOIA, The Associated Press reported at the time. Trump’s Interior Department changed its FOIA policy to allow for political appointees to review public information requests prior to their release and at one point proposed new regulations to grant the agency the ability to reject “burdensome” records requests and impose monthly limits for individual requesters. In a 2020 report, the Interior Department’s internal watchdog concluded that political appointees blocked the public release of documents related to Bernhardt ahead of his confirmation hearing in March 2019.

[...] Trump and his allies are pledging, yet again, to dismantle the “deep state” bureaucracy that they claim is conspiring against them. That is likely to include dismantling federal offices they deem not essential to an agency’s core function, including those working on climate change and environmental justice. What they conveniently forget is that the people in government they view as the enemy are, by and large, simply carrying out the Biden administration’s agenda.

Excerpt from this story from the Associated Press (AP):

Democrats on the House Natural Resources Committee asked the Justice Department on Wednesday to investigate whether a Trump administration interior secretary engaged in possible criminal conduct while helping an Arizona developer get a crucial permit for a housing project.

The criminal referral says David Bernhardt pushed for approval of the project by developer Michael Ingram, a Republican donor and supporter of former President Donald Trump, despite a federal wildlife official’s finding that it would threaten habitats for imperiled species.

Bernhardt led Interior from 2019 to 2021. In 2017, he was the No. 2 official at the department when the Fish and Wildlife Service, an Interior Department agency, reversed its opposition to the Villages at Vigneto, the proposed 28,000-home development in southern Arizona, and allowed it to move forward.

Earlier this month, we reported that some cities, including Chula Vista, California, were using Chinese drones as tools to enforce social distancing during the pandemic. By April 20, there were 46 law enforcement agencies in 22 states using them. Some experts are saying that this is a serious cyber security issue, not to mention the destruction of privacy.

Privacy? What privacy?

In some cities,…

Under Republican and Democratic presidents from Nixon through Obama, killing migratory birds, even inadvertently, was a crime, with fines for violations ranging from $250 to $100 million. The power to prosecute created a deterrent that protected birds and enabled government to hold companies to account for environmental disasters.

But in part due to President Donald Trump’s interior secretary nominee, David Bernhardt, whose confirmation awaits a Senate vote, the wildlife cop is no longer on the beat. Bernhardt pushed a December 2017 legal opinion that declared the 1918 Migratory Bird Treaty Act applies only when companies kill birds on purpose.

Emails obtained by Reveal provide evidence of how the revision is affecting law enforcement in the U.S. For example, after a pipeline burst in Idaho last April, spilling diesel into a pond and wetland, two coolers full of dead birds were dropped off at the Fish and Wildlife office in Boise. In an email about what to do with the dead birds, a Fish and Wildlife agent wrote that “we are no longer involved’’ when birds are killed in oil spills.

Agents had a similar reaction when a tugboat spilled oil into Great Harbor in Woods Hole, Massachusetts, killing dozens of birds.

“As this spill involves the incidental take of birds protected by the Migratory Bird Treaty Act, there is currently no enforcement action planned,” according to an email from a Fish and Wildlife agent.

An email about a timber harvest in Michigan said Fish and Wildlife no longer prohibits loggers from cutting down trees with nests in them, even if it destroys live eggs or chicks. (In this case, however, Michigan’s state agency stepped in, and saved the great blue heron nests and chicks.)

Millions of birds die every year due to waste pits for mines and oil fields, electric power lines, wind turbines, communications towers and commercial fishing. The threat of prosecutions and fines was a powerful tool to encourage industries to figure out ways to avoid killing birds. Oil companies put nets over waste pits. Electric companies separated wires so eagles and other raptors wouldn’t get electrocuted. Fishing crews put weights on the long lines so birds wouldn’t get drowned when they dove for the bait. Many birds were saved.

Scientists caution that weakening the Migratory Bird Treaty Act imperils many types of birds that are endangered or declining in numbers, and it also eliminates an important source of wetlands restoration funding: penalties paid by violators.

First under former Interior Secretary Ryan Zinke and now as the nation’s top outdoorsman, Bernhardt has been implementing rules to expand access at lightning speed.

As part of that effort, Interior’s Fish and Wildlife Service established 10 “hunting and fishing chiefs” that have scoured every single federal property to find opportunities to expand access.