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For 2018 and 2020, Re-branding WTF, no Really

Primer: Actually it is not so much re-branded as Obama applied ‘win the future’ in the 2011 State of the Union address.

Furthermore: A report by The Hill says Obama has been making regular calls with Democratic National Committee Chairman Tom Perez. According to an anonymous source in the DNC, Obama jokingly told Perez, “Hey man, it’s only the future of the world in your hands.” Working out of his D.C. office, Obama is said to be conducting one-on-one meetings with other legislators, like Maryland’s freshman Democratic Sen. Chris Van Hollen. Still, sources that spoke to The Hill stopped short of divulging a more complete list of the meetings Obama has had. More here.

BusinessInsider: “WTF” is a fitting abbreviation for LinkedIn founder Reid Hoffman’s newest project to rethink what the Democratic Party is today.

Called Win the Future, WTF is starting as a “people’s lobby” where people can vote on policy topics that are important to them, like making engineering degrees free for everyone.

“We need a modern people’s lobby that empowers all of us to choose our leaders and set our agenda,” said Mark Pincus, the billionaire cofounder of Zynga who is partnering with Hoffman to start WTF. “Imagine voting for a president we’re truly excited about. Imagine a government that promotes capitalism and civil rights.”

Despite its roots with two powerful tech founders, WTF is taking an old-school approach to start. People will vote on the policies and discuss them on Twitter. The group plans to turn the ones that seem to resonate into billboards in Washington, DC, with congressional leaders the target audience.

While it wants to get the attention of members of Congress, WTF is also unabashedly “not for pro-politicians.” According to Recode, one of WTF’s more audacious plans has been to recruit political outsiders to run as “WTF Democrats” and challenge the old stalwarts of the Democratic Party. Pincus specifically targeted Stephan Jenkins from the band Third Eye Blind, according to Recode.

Those plans are on hold for now, though, as the group focuses on the launch of its billboard campaigns and on building a political platform.

Progressive leaders have already criticized WTF’s launch, however, as an incredibly off-base pet project for two billionaires, according to a Huffington Post report.

Oh just a coupla billionaires who want to make the Democratic Party “pro business” cause it’s “too far to the left”

“I am not sure the creators of the lamest and the most annoying social-media experiences are the exact people who should be rewiring the philosophical core of the Democratic Party as they say they want to,” Alex Lawson, the executive director of Social Security Works, told The Huffington Post.

Despite the early criticism, Pincus and Hoffman have together committed over $500,000 to build out the project — and they’re still raising money to bring the billboard campaign to life.

“We can’t wait until elections to fight for what we care about. We can’t hope for a benevolent leader who may choose to listen to us,” Pincus wrote in his note on the vision of WTF. “We need a network that lets the best ideas and leaders rise to the top through an open, inclusive democratic process.”

***

So….who is on this Obama team now?

David Simas, CEO The Obama Foundation, previously chief of staff for Deval Patrick

Marty Nesbitt, Chairman The Obama Foundation, long history and vacation/golf buddy of Barack

J. Kevin Poorman, President The Obama Foundation, president of PSP Capital Partners of which Penny Pritzker is the founder.

Juliana Smoot, White House social secretary for Obama, Deputy Assistant to Obama, she also worked for Dick Durbin, John Edwards, Chuck Schumer and her husband is the chairperson for the Michigan Democrat Party

Robbin Cohen, real estate developer and president of investment firm in Chicago, formerly of the Pritzker Group.

Yohannes Abraham, former chief of staff for Valerie Jarrett, now the senior advisor for The Obama Foundation

The Obama Foundation is working on a start up for citizenship, it is an ongoing project for the 21st century. This project has a global objective and will include being a digital citizen.

Report: Terror Acts Committed by Refugees

Terror-related acts committed by refugees widespread, according to new report

FNC: At least 61 people who came to the United States as refugees engaged in terrorist activities between 2002 and 2016, according to an explosive new report coming on the heels of the Supreme Court’s reinstatement of much of President Trump’s travel ban.

The alarming report by the Heritage Foundation identified scores of refugees, including many who came prior to 2002, as having taken part in activities ranging from lying to investigators about terror plots, to actually taking part in them. The report, aimed at reforming the U.S. Refugee Admissions Program, or USRAP, calls for stricter limits and restrictions on refugees.

“There is no universal right to migrate, resettlement is not the solution to mass displacement, and U.S. policymakers have a responsibility to ensure that the United States takes in only as many refugees as it can safely vet and assimilate,” the report states. “The United States operates the program not because it is obligated to resettle refugees, but because the U.S. is a humane country and USRAP serves its national interests.”

The report, written by policy analyst David Inserra, could lend weight to the Trump administration’s effort to curtail the number of refugees who come to the U.S. every year. But perhaps most worrisome, the report warns that no amount of refugee vetting can account for the “1.5 generation” — those who come to the U.S. with peaceful intentions and then become radicalized while living in America.

ISIS GUNNED DOWN PREGNANT WOMEN, BABIES, FORMER NAVY SEAL RECALLS

“Given the threat that we found in the 1.5 generation, more needs to be done in the U.S. assimilation process,” said John Cooper, spokesman for the Heritage Foundation. “We can’t vet an 8-year-old to see if he will become a terrorist when he turns 18 or 28. Instead, we as a country need to rethink the way we assimilate refugees, and immigrants as a whole for that matter.

“In the past few decades, the United States has drifted from its strong assimilation ethos, and the terrorism in Europe paints a disturbing picture of where non-assimilation leads,” he added.

The Trump administration has taken measures to both limit and more tightly screen refugees. Earlier this year, the administration reduced the number of refugees that it would accept this fiscal year from the Obama administration’s intended 110,000 to 50,000 – and that cap has almost been reached.

“A review is especially critical following the Obama administration’s rapid, and largely unprecedented, expansion of the program in the final year of his administration,” Cooper added. “Any administration has a responsibility to ensure all existing refugee and immigration programs, including the USRAP, best serve U.S. interests.”

A U.S. State Department official told Fox News the administration will soon provide guidance regarding those already scheduled for travel before last week’s Supreme Court decision lifting an injunction against Trump’s executive order banning travel from six mostly Muslim countries plagued by terror.

EUROPEANS VOW MORE HELP TO STEM LIBYA-ITALY MIGRANT FLOW

But the report leaves little doubt that the perpetrators of future terror attacks are already here, including some who may not yet be radicalized. It recommends a long-term focus be placed on migrants “embracing an American creed, learning English and gaining an education” which will in turn help them to develop and sustain “an American identity and sense of belonging.”

The report also supported the widely reported claim that refugees coming to the U.S undergo more vetting than any other immigrants coming to the country under other types of programs and visa categories. The vetting process for refugees typically takes 18 to 24 months from the time of the initial referral by the U.N. refugee agency, but “in the waning months of the Obama administration the U.S. reduced the time to as little as three months for Syrians by surging resources to the region.”

It also mandated that a “foolproof vetting system” is impossible, with obvious limitations, such as lack of identification or forged documents especially when fleeing war.

“To be as cost-effective as possible – which saves the most lives – the U.S. should focus the majority of its refugee efforts on helping front-line states care for the refugees they shelter,” the report states.

Specifically, the report suggests that the U.S. can do more to urge Middle Eastern countries – most notably the oil-wealthy Gulf States – to resettle Syrian and Iraqi refugees.

“Many Syrian and Iraqi refugees share similar cultural and religious values with the people of the Gulf States, which have the financial capacity for resettlement,” the report found. “Saudi Arabia, Qatar and the United Arab Emirates have donated hundreds of millions of dollars each for relief efforts, but the U.S. should urge the Gulf States to increase their aid for their Arab Muslim neighbors by resettling Syrians with all the rights and protections due to refugees.”

As it stands, the Gulf States are not signatories to the U.N. Refugee Protocol and thus do not offer refugee status. They will admit some primarily as migrant workers or to reunify families.

Fraud is also a cause for concern, according to the report. It cites as an example the Dadaab refugee camp in northern Kenya, which was exposed several years ago for developing an entire industry centered on “coaching applicants” and selling resettlement slots for as much as $10,000.

The report goes on to outline ways in which the U.S. could minimize fiscal costs and improve economic outcomes by establishing private resettlement programs on a trial basis rather than relying solely on government. But above all, the report emphasizes the need to ensure the program first and foremost puts America first.

It argues that refugee resettlement can indeed advance national interests by enabling the U.S. to “assert American leadership in foreign crisis,” providing “the U.S. with a way to respond positively to intractable crisis” and assisting allies and partners in crisis. But reviews by the Trump team to the program to achieve this objective are crucial.

***

Deeper dive from the U.S. State Department:

What is the Bureau’s role in the Department of State?

The Bureau of Population, Refugees, and Migration (PRM) is one of the State Department’s “functional,” as opposed to “geographic” bureaus. This indicates a Bureau that focuses on a particular issue wherever it arises around the world. As described in our mission statement, our focus is refugees, other migrants, and conflict victims. Our goal is to protect these people, who are often living in quite dangerous conditions.

The Bureau’s mission statement:

The mission of the Bureau of Population, Refugees, and Migration (PRM) is to provide protection, ease suffering, and resolve the plight of persecuted and uprooted people around the world on behalf of the American people by providing life-sustaining assistance, working through multilateral systems to build global partnerships, promoting best practices in humanitarian response, and ensuring that humanitarian principles are thoroughly integrated into U.S. foreign and national security policy.

What does the Bureau do internationally?

The Bureau works with the international community to develop humane and what are termed “durable” solutions to their displacement. The three durable solutions, are:

  • Repatriation – going home when they are no longer at risk of persecution
  • Local Integration – settling permanently in the country to which they have fled
  • Resettlement – settling permanently in a third country

According to the United Nations High Commissioner for Refugees (UNHCR), fewer than 1% of refugees worldwide are ever resettled. However, although resettlement often is the durable solution of “last resort,” it remains a vital tool for providing international protection and for meeting the special needs of individual refugees who are unable to return home.

Are internally displaced persons (IDPs) part of the Bureau’s portfolio?

Internally displaced persons are people who have been displaced from their homes but who have not crossed an internationally recognized border. The Bureau supports the work of UNHCR and ICRC when these organizations respond to the needs of internally displaced persons.

Numerous other organizations, such as UNICEF, the World Food Program, and others also provide assistance to IDPs that complement the activities of UNHCR and ICRC. The U.S. Agency for International Development (USAID) funds the work of these other international organizations as well as non-governmental organizations to respond to IDP needs as well.

Who does the work?

The Bureau of Population, Refugees and Migration (PRM) has approximately 130 civil service and foreign service staff. On the foreign aid side, we are divided into geographic offices. Our program to resettle refugees in the United States is handled by our Admissions Office. We also have a policy office that monitors and evaluates the relief work conducted by the organizations we fund.

How does the Bureau deliver assistance to refugees?

The Bureau does not operate refugee camps, or otherwise give aid directly to refugees. Instead, in the interests of effectiveness and efficiency, we work with the United Nations (UN) and other international organizations, as well as with non-governmental organizations, that operate these programs. The Bureau manages the contributions to these organizations, and monitors the programs we fund: we make sure they are working properly and ascertain that they are in line with U.S. government policies.

For instance, take the refugee relief set-up on the border between Thailand and Burma. Many of the camps were built with assistance from the United Nations High Commissioner for Refugees. The Burmese refugees receive health services, in part, from a private American charity, International Medical Corps. In Bangkok, the refugee resettlement center, called an “overseas processing entity,” handles cases of Burmese referred for resettlement, and is managed by another U.S.-based group, the International Rescue Committee. All these groups receive funding from the Bureau.

PRM Year in Review 2016 Infographic
[text, larger graphic, and PDF versions]

Date: 12/21/2016 Description: Infographic of PRM Bureau Year in Review - 2016. Text version is at http://www.state.gov/j/prm/about/265944.htm. - State Dept Image

Allowing Kaspersky Labs in the U.S. Defies Logic

Germany next:Germany big target of cyber espionage and attacks: government report

Barack Obama’s sanction and executive order hardly went far enough on Russia. For Russian Laws and Regulations and Implications for Kaspersky Labs and certificates, go here.

Documents link Russian cybersecurity firm to spy agency

WASHINGTON — U.S. intelligence agencies have turned up the heat on Kaspersky Lab, the Moscow-based cybersecurity giant long suspected of ties to Russia’s spying apparatus.

Now, official Kremlin documents reviewed by McClatchy could further inflame the debate about whether the company’s relationship with Russian intelligence is more than rumor.

The documents are certifications issued to the company by the Russian Security Service, the spy agency known as the FSB.

Unlike the stamped approvals the FSB routinely issues to companies seeking to operate in Russia, Kaspersky’s include an unusual feature: a military intelligence unit number matching that of an FSB program.

“That strikes me as much more persuasive public evidence,” said Paul Rosenzweig, a former deputy secretary for policy at the Department of Homeland Security. “It makes it far more likely that much of the rumor and uncertainty about Kaspersky are true.”

For years, suspicions that Kaspersky is connected to Russia’s spying network have dogged the company, a leading global seller of anti-virus programs. Founder and CEO Eugene Kaspersky studied cryptography, programming and mathematics at an academy operated by the KGB, the FSB’s Soviet-era predecessor, and then worked for the Ministry of Defense.

Since he established the company, it has grown to serve more than 400 million users worldwide, according to its website, and is the largest software vendor in Europe. Its security software is also widely available in the United States.

U.S. agencies also use it, with Kaspersky a subcontractor on federal software contracts. The Democratic National Committee has also used the software, even after its emails were breached last summer by Russian hackers.

But during investigations into Russia’s meddling in last year’s U.S. elections, concerns have grown that Kaspersky software could somehow be used to launch a cyberattack on the U.S. electric grid or other critical infrastructure, such as railroads, airlines or water utilities. ABC News reported in May that the FBI warned industry leaders about those risks last year at a meeting confirmed by McClatchy.

One of Kaspersky’s certificates that carries a military intelligence unit number.
GREG GORDON/MCCLATCHY/TNS

In recent days, two events kept Kaspersky in the news: FBI agents fanned out to interview Russian Kaspersky employees based in the United States, and a Senate committee approved legislation to curb federal use of the company’s products.

Even so, no proof has ever been made public to refute the company’s denials that it has connections to Russian intelligence.

The documents obtained by McClatchy, however, could provide additional evidence that the clandestine FSB has a tight relationship with Kaspersky.

In a statement to McClatchy, the company did not directly address the reference to an FSB military unit number in several of its certificates dating to 2007. The certificates are posted on Kaspersky’s website.

Kaspersky said the FSB’s certification review “is quite similar to that of many countries,” including those of the European Union and the United States. It includes an analysis of the company’s source code “to ensure that undeclared functionality and security issues — like backdoors — do not exist,” the company said.

However, Russia’s certification reviews do not require the company to divulge “the necessary information to permit those (spy) organizations to bypass products’ security mechanisms,” Kaspersky said.

After this story was initially published, the company said it and other high-tech companies that seek to sell products to the Russian government receive their certifications from the Center for Information Protection and Special Communications, known by the FSB military unit number on Kaspersky’s certificates.

A former Western intelligence official who examined the documents for McClatchy described as “very unusual” the assignment of a military intelligence number on Kaspersky’s certificates.

In Russia’s closed society, the FSB retains the right to access any company’s data transmissions, and no firm is allowed to use encryption to block the intelligence agency’s intrusions, the former Western spy said.

Kenneth Geers, a former NATO expert who is a fellow at the Washington-based Atlantic Council, also reviewed the company’s FSB certificate.

Geers said he could not say with certainty the degree to which the documents show a connection between Kaspersky and the FSB.

But “the suggestion is that this is a government op (operation), a unit with a direct government affiliation,” he said.

“No one should be surprised if there are closer relationships between IT vendors and law enforcement, worldwide, than the public imagines,” Geers said.

Case in point: Whistleblower Edward Snowden revealed that American telecommunications companies shared vast amounts of personal data with the U.S. National Security Agency, where Geers once worked.

It’s possible, Geers said, that Kaspersky’s software contains a secret “backdoor” to allow Russian special services access for law enforcement and counterintelligence purposes.

“If such a secret backdoor exists, I would not be shocked,” Geers said. “A worldwide deployment of sensors may be too great a temptation for any country’s intelligence services to ignore.

“Kaspersky may also have been required by Russian authorities to participate in a quiet business partnership with the government,” he said.

A former CIA station chief in Moscow agreed that Kaspersky may have had little choice.

“These guys’ families, their well-being, everything they have is in Russia,” said Steve Hall, who later headed the agency’s Russian operations before retiring in 2015.

Kaspersky is “a Russian company,” Hall said. “Any time (Russian President Vladimir Putin) wants Kaspersky to do something — anything — he’ll remind them that’s where their families are and where their bank accounts are. There’s no doubt in my mind it could be, if it’s not already, under the control of Putin.”

Kaspersky has rejected any notion that it might be an intelligence front, citing its years of delivering quality products.

“As a private company, Kaspersky Lab has no ties to any government, and the company has never helped, nor will help, any government in the world with its cyber espionage efforts,” Eugene Kaspersky said in May during an “Ask Me Anything” session on the website Reddit.

Many cyber experts, including those with federal government backgrounds, have praised the quality of Kaspersky software. The company also has a record of exposing cyberattacks, including the U.S. government’s Stuxnet attack that disabled Iran’s nuclear weapons development even though the Iranian equipment wasn’t connected to the Internet.

But several other experts said they were “not shocked” by the disclosure of the language in Kaspersky’s FSB certificate.

“It is common view around the intelligence community that (Kaspersky) is treated (by the Kremlin) like an arm of the Russian government,” said a former Obama administration cyber official, who asked for anonymity because of the sensitivity of the matter.

Kaspersky has attracted an unwanted spotlight lately in the Justice Department’s investigation headed by special counsel Robert Mueller into whether the Kremlin colluded with President Donald Trump’s 2016 campaign.

At a Senate Intelligence Committee hearing in May, Sens. Marco Rubio, R-Fla., and Joe Manchin, D-W.Va., raised concerns about Kaspersky.

Rubio asked of intelligence agency chiefs, “Would any of you be comfortable with the Kaspersky Lab software on your computers?”

Before him were, among others, the leaders of the FBI, CIA and the National Security Agency.

Each said “no.”

The FBI interviews of Kaspersky employees were conducted June 27, after disclosures that the company paid retired Army Lt. Gen. Michael Flynn more than $11,000 in consulting fees last fall before he began a short-lived stint as Trump’s national security adviser.

The day after the interviews, the Senate Armed Service Committee approved legislation that would bar the Pentagon from buying Kaspersky products.

“The ties between Kaspersky Lab and the Kremlin are very alarming,” said Sen. Jeanne Shaheen, D-N.H. “This has led to a consensus in Congress and among administration officials that Kaspersky Lab cannot be trusted to protect critical infrastructure, particularly computer systems vital to our nation’s security.”

Her amendment to the defense authorization bill prohibiting Pentagon purchase of the software as of October 2018 won overwhelming approval.

If the amendment becomes law, there could be consequences, a Russian news agency reported. It quoted a top Kremlin communications official, Nikolai Nikiforov, as warning that if the United States freezes out Kaspersky, Putin’s government could not rule out retaliation.

The FBI declined to comment. But the bureau has long suspected that some of Kaspersky’s American-based employees were engaging in intelligence activities, said a U.S. government official, who declined to be identified because of the sensitivity of the matter.

Federal agencies have at least 20 contracts in which Kaspersky products are used. The General Services Administration makes them available on an approved product list for much of the government.

CDW, a top government tech contractor that has provided Kaspersky software and maintenance through four contracts with the Consumer Safety Product Commission (as recently as May 23), declined to say whether it plans to continue offering Kaspersky software.

Dell, the giant computer manufacturer, offers Kaspersky in many of its products. The company did not respond to a request for comment.

So why do federal agencies still use Kaspersky software if there has been such uneasiness about it inside national security circles?

“Under acquisition rules, it is very difficult for an agency to rely on classified information in order to make purchasing decisions,” said J. Michael Daniel, White House cybersecurity coordinator during the Obama administration.

“A lot of acquisition officers didn’t seek out that information because they couldn’t use it in the decision-making process,” said Daniel, now president of the Cyber Threat Alliance, a group committed to improving cyber defenses.

The U.S. intelligence community’s conclusion that Russian cyber operatives pirated thousands of emails from the Democratic National Committee beginning in 2015 helped trigger the inquiries into possible Kremlin interference in the election.

But two months after the DNC disclosed that its servers had been hacked — in an apparent attempt to help prevent further intrusions — the party purchased Kaspersky software on Aug. 25, 2016, for $137.46, according to Federal Election Commission records. It was the only federal political committee that reported buying Kaspersky software in the 2016 cycle, according to FEC records.

A DNC spokesman did not respond to a request for comment.

For its part, the company publishes a blog that advises consumers about computer viruses. The U.S. government official said, though, that in the past Kaspersky has aroused suspicions as to why it warns about some computer bugs but not others.

The firm’s presence has become so embedded in the U.S. economy that the company sponsors a Ferrari Formula One racing team, robotic competitions for children and is among the corporate sponsors of an upcoming conference of the National Conference of State Legislatures.

“They have a big public relations wing,” said the U.S. government official who spoke on condition of anonymity. “They’re fully aware they’re under the microscope.”

Supreme Court and the no-croak Frog

And you think government is not broken? Hold on for this one. It is legal terrorism.

The phone call came out of the blue in 2011.

A federal biologist on the other end of the line told Edward B. Poitevent II that the U.S. Fish & Wildlife Service intended to designate a large swath of Louisiana woods that had been in his family for generations a “critical habitat” for the endangered dusky gopher frog.

Poitevent was confused because the frog had been neither seen nor its croak heard on the land since the 1960s. Later he would learn that his land is not, in fact, a suitable habitat for the frog anyway.

“No matter how you slice it or dice it, it’s a taking of my land in that I can’t use it or sell it now,” said Poitevent, a New Orleans lawyer.

A half century after disappearing from the 1,500-acre parcel in Louisiana, the dusky gopher frog will likely appear this month in filings urging the U.S. Supreme Court to settle the matter after years of costly litigation.

The dusky gopher frog.

In one sense, the case illustrates the conflicts that arise as conservationists and the government use the Endangered Species Act to protect privately held lands. But legal scholars say the absent amphibian could provide a broader test of just how far the government’s regulatory reach can extend under the Constitution.

The case offers the high court a chance to revisit its “Chevron deference” precedent, named for a landmark 1984 ruling involving the oil giant and environmental activists. It held that when a federal law contains ambiguous language, the courts should defer to the agency’s interpretation unless it is unreasonable. Given that many laws contain ambiguous language – and that “unreasonable” is also a squishy term – Chevron gives federal agencies wide authority not just to interpret but to make law, many critics say.

Although the Trump administration has declared its intentions to rein in the regulatory state, the Interior Department declined to comment on this case, as did the Justice Department’s Office of the Solicitor General. Regardless, only the Supreme Court can overturn Chevron, and it is unclear how the addition of Justice Neil Gorsuch, a noted Chevron skeptic, may influence the litigation. But Columbia Law School professor Philip Hamburger, a trenchant critic of America’s administrative law system, doubts the dusky frog will join BrownRoe and Citizens United in the annals of court history.

“I would love for them to take it up and overturn Chevron — and this is an opportunity for them to do so if they were so inclined,” he said, “but they’ve shown remarkable dexterity in avoiding it.”

Nevertheless, the case’s history demonstrates how Chevron can force judges to rule against what some perceive as simple common sense. From the outset of this process, some judges who have ruled against Poitevent and fellow plaintiffs have insisted their hands were tied.

“The Court has little doubt that what the government has done is remarkably intrusive and has all the hallmarks of government insensitivity to private property,” U.S. District Judge Martin L.C. Feldman wrote in his 2014 decision siding with the wildlife service and environmental advocacy groups. “The troubling question is whether the law authorizes such action and whether the government has acted within the law. Reluctantly, the Court answers ‘yes’ to both questions.”

The dusky gopher frog, a largely subterranean critter, is on a long list of species whose endangered designations restrict private land use. Currently, development rights are being challenged to protect the habitats of at least four other creatures: the Riverside fairy shrimp (California); the Northern spotted owl (Oregon, Washington and California); the Gunnison sage grouse (Colorado and Utah); and the jaguar (Arizona and New Mexico).

But the Louisiana case stands out because of the frog’s long absence from the land in question.

M. Reed Hopper, an attorney with the Pacific Legal Foundation, which sued in 2013 on behalf of some of Poitevent’s relatives, called the gopher frog case an “extreme example” of officials enforcing the Endangered Species Act “contrary to its terms, without regard for other social values such as housing, jobs, food, and production, or when the burdensome cost of species protections fall unfairly on a few landowners that should be shared by society as a whole.”

Fifteen states have filed amicus briefs with the plaintiffs seeking some restriction on federal regulatory reach within critical habitats. But Feldman, an advocate of judicial restraint appointed by President Reagan, wrote in his ruling that in his view a court would be overreaching were it to side with the property owners. He hinted, perhaps facetiously, that what the land owners really needed was an activist judge. Otherwise, he said, Congress would have to amend the Endangered Species Act for the co-litigants to get relief.

Edward B. Poitevent II
Credit: Stone Pigman

Other jurists disagree. U.S. Appeals Court Judge Priscilla Owen, who dissented in the 5th Circuit’s initial upholding of Feldman’s ruling, said there must be regulatory limits. Otherwise the wildlife service would be able to declare any land at all “critical habitat.”

“If the Endangered Species Act permitted the actions taken by the Government in this case, then vast portions of the United States could be designated as ‘critical habitat’ because it is theoretically possible, even if not probable, that land could be modified to sustain the introduction or reintroduction of an endangered species,” she wrote.

What seems highly impractical is the reintroduction of the dusky gopher frog on the Louisiana tract. The dark, warty creature has very particular needs. It can only breed in ephemeral, or temporary, ponds, so no pesky fish can eat its tadpoles. It lives much of its life burrowed underground beneath a longleaf pine canopy. At the moment, about 100 of the creatures are believed to inhabit a small area in and around the DeSoto National Forest in Mississippi, some 80 miles due east of the Poitevent family’s land in St. Tammany Parish, near the Mississippi-Louisiana border.

Ephemeral ponds do form on the Louisiana tract, but the canopy of loblolly pines isn’t conducive to their survival. Additionally, the lack of regular fires creates underbrush the frog dislikes. In other words, the land could become a suitable habitat only if the landowners spent heavily to transform the foliage and re-introduced the frog – steps the government concedes it cannot compel.

So how did the Louisiana tract become entangled with the dusky gopher frog in the first place? Poitevent believes, and the record seems to support, that the case wouldn’t exist but for the prodding of the Center for Biological Diversity, a national environmental advocacy group. The frog was added to the endangered list in 2002 as a result of a lawsuit filed by the center against federal agencies, and it was another center lawsuit that first secured “critical habitat beyond the frog’s main home pond” in 2007. But the center felt those steps were insufficient for the frog’s survival and threatened yet another lawsuit in 2010. Poitevent’s land appears to have been a sacrificial pawn in this maneuvering, and the fateful call to him from the federal biologist came soon after.

Collette Adkins, a senior attorney with the advocacy group, said the frog’s needs trump a landowner’s rights. The fact that its former Louisiana home became uninhabitable because of natural rather than manmade changes does not mean people bear no responsibility for keeping the critter alive, she said. Taking a larger and longer view, she argues that human activity in that region over the centuries has reduced the frog’s habitat. “We are the ones who drove them to extinction,” she said.

At present, the lumber company Weyerhaeuser owns 5 percent of the land in question and has a timber management contract on the remainder with Poitevent and some of his relatives. But the land’s potential value lies in much more than timber. The wildlife service’s own economic impact study estimated the value at some $33 million – if development were unrestricted. But because the wildlife service decided there was no other potentially suitable gopher frog habitat besides his land, no buyer will touch it, Poitevent said.

Campers in DeSoto National Forest in Mississippi, habitat of the dusky gopher frog.

At least one outside environmentalist thinks a more compromising approach in such conflicts could satisfy the ambitions of landowners and the needs of endangered animals. “This isn’t about biological diversity; this is about land management,” said Reed Watson, executive director of the Property and Environment Research Center in Montana.

The wildlife service disputes the notion it is “taking” any land. The owners aren’t losing their title, regulators insist, just facing limits on what they can do with it. In comments made five years ago that the service says still reflect its position, an assistant regional director for ecological services said regulators would be happy to work with the Poitevents and other land owners.

“We don’t want to take his land,” assistant director Leopoldo Miranda said in a wildlife service video in 2012. “It’s his land to manage. This designation does not stop future development or land use.

“In fact, the service regularly works with landowners around the country to accommodate development while finding creative ways to save the wildlife that our citizens demand we protect.”

Poitevent is unconvinced. “This is a land grab by radical environmentalists,” he said.

Poland to America, 1926 Happy Birthday and Jefferson Draft

Thomas Jefferson’s “Original Rough Draught” of Declaration of Independence (with revisions by John Adams & Benjamin Franklin)

Image of Polish Declarations of Admiration and Friendship for the United States: President of the Polish Republic and other officials and representatives of state and municipal institutions, social organizations, and religious bodies; Volume 1

Created 1926

Polish Declarations of Admiration and Friendship for the United States, 1926 Digitization of this collection was made possible by the Polish Library in Washington, D.C. The Polish Declarations of Admiration and Friendship for the United States are a collection of 111 volumes of signatures and greetings presented in 1926 to President Calvin Coolidge to commemorate the 150th anniversary of U.S. independence and to acknowledge American participation and aid to Poland during World War I.

 

  • February 1926

    National Sesquicentennial Committee established in Poland by the American-Polish Chamber of Commerce and Industry in Poland and the Polish-American Society

  • July 1926

    Many signatures were gathered at celebrations held throughout Poland to mark the anniversary of American independence

  • October 1926

    The Declarations were presented to U.S. President Calvin Coolidge

  • November 1926

    President Coolidge transferred the Declarations to the custody of the Library of Congress

  • May 1997

    Exhibition of selected volumes in the new European Reading Room of the Library of Congress held in conjunction with the Embassy of Poland and attended by the Polish prime minister and other dignitaries

  • March 2005

    Volumes 1-13 digitized and released online by the Library of Congress

  • June 2017

    Volumes 14-110 digitized and released online by the Library of Congress in partnership with the Polish Library of Washington, D.C.