In any given state, an attorney general is that jurisdiction’s top legal advisor but has historically been considered the main protector of consumer rights, especially when it comes to widespread fraud or damages committed by businesses.
Attorneys General of both political parties, of course, have used their office to promote political ideology and further their career interests, which can obfuscate their legal impartiality, but I’ve also considered the office itself as one that primarily performs mundane legal tasks and investigations and speaks up for people when they encounter financial fraud.
Then there’s the very public case of Oklahoma Attorney General Scott Pruitt, who has made a career out of suing the federal government over Obamacare and Environmental Protection Agency rules while promoting extreme political positions opposing abortion, same-sex marriage and the separation of church and state.
Pruitt’s latest two antics are real head shakers. He recently continued his legal fight to keep the Ten Commandments monument on state Capitol grounds and he, along with Michigan Attorney General Bill Schuette, have sent out a letter to governors in all states that urge them to sanction Iran. That’s what our Republican attorney general is up to these days.
What about all the earthquake damage to homes and other property, including the state’s infrastructure, which has been caused by the fracking boom in Oklahoma? What about possible damage to the state’s bridges because of earthquakes? Don’t expect much from Pruitt in this regard because of his cozy relationship with the oil and gas industry.
The Oklahoma Supreme Court, as we all know, recently ruled that the Ten Commandments monument at the state Capitol was in violation of Article 2, Section 5 of the Oklahoma Constitution. The court ordered the monument moved off Capitol grounds, but Pruitt has now fired back with a legal filing in Oklahoma District Court that says the ruling is hostile to religion and violates the First Amendment of the U.S. Constitution.
The filing is a waste of time and state resources.
The American Civil Liberties Union of Oklahoma, which brought the initial lawsuit, has pointed out that the ruling was based on the state’s constitution, not the U.S. Constitution, and the organization’s legal director, Brady Henderson, called the new filing “frivolous and desperate.”
The letter to the governors is in response to the White House announced deal between the U.S. and Iran. Here’s a basic description of the proposal: Under the proposed agreement, Iran would agree to not build a nuclear weapon. In exchange, the U.S. would drop sanctions against the country. The agreement includes inspections and other safeguards.
Overall, at this point, the U.S. has nothing to gain by continuing hostilities with Iran. Pruitt, of course, is entitled to his opinion and can express it, but urging the states’ governors to bypass a possible U.S. agreement with another country is just not a crass political move it also calls into question separation of powers between the states and the federal government.
Does Pruitt really think he can micromanage the foreign affairs of the federal government from his office in a flyover state, a state that is often considered a laughing stock on the world stage because of the antics of its elected politicians, such as U.S. Sen. Jim Inhofe, or all of its dismal rankings on social issues? The same goes for his legal battle against the Affordable Care Act. Or is it that he knows his Republican voter base here in Oklahoma will bask in the Obama-hatred however irrational it might manifest itself?
Meanwhile, as I mentioned earlier, our earthquake crisis continues here because of an element of the fracking process, according to scientists, and our state leaders, such as Pruitt, need to do more in an effort to stop the quakes and establish liability for any financial harm caused by the ensuing physical damage. That’s one of the very REAL major issues facing Oklahoma these days. It’s not the placement of a religious monument. It’s not a possible agreement with Iran and the federal government.
Rationality and any legal system in the world can conflict and contradict, and they often do, and that’s why we always need advocacy and agitation for clarity and equilibrium.
Take this nation’s myriad of current drug laws on a state-by-state basis, for example, which leads to some of the highest incarceration rates in the world. The war on drugs by most anyone’s rational estimation has failed, leading a vast trail of broken lives and misery. Meanwhile, because of advocacy and rationality Colorado and Washington became the first two states to legalize recreational marijuana.
People cling to legalities and rules often blindly because they’re afraid to admit to the ambiguity that underpins our very lives. Yet when it comes to the law, an important aspect of our lives, jurors can get it wrong, prosecutors and police can let a zealous thirst for a conviction cloud their judgment and judges can let it all unfold in a bizarre trajectory because they are paralyzed by “tough-on-crime” politics in a conservative state.
Perhaps, this is a long-winded manner in which to begin another discussion of the Richard Glossip case. The state of Oklahoma is scheduled to put Glossip to death by lethal injection Sept. 16. He was convicted in 1998 of first-degree murder in the death of his then boss Barry Van Treese at an Oklahoma City motel.
Let me stress this: It has never been alleged that Glossip actually killed anyone. This is the fact that defies rationality in this legal case yet it doesn’t get stated often enough. Glossip has never been accused of actually killing anyone in a physical sense.
While actress Susan Sarandon and Sister Helen Prejean, two anti-death penalty advocates, have rightly made impassioned pleas to save Glossip’s life, their focus has been on the presentation of new evidence that could actually exonerate Glossip.
But time is running out on Glossip, and those who could actually save his life have consistently shown an aversion to rationality and ambiguity in the larger frame of this legal case. Gov. Mary Fallin, for example, has continued to point out that not one but two juries have found Glossip guilty and given him the death penalty.
Said Fallin, in a recent statement, “Richard Glossip has been convicted of murder and sentenced to death by two juries. His conviction and death sentence have been reviewed and upheld by four courts, including the Supreme Court of the United States. His actions directly led to the brutal murder of a husband and a father of seven children. The state of Oklahoma is prepared to hold him accountable for his crimes and move forward with his scheduled execution.”
In other words, the law, whether applied rationally or not in this case, must take precedence, but rational people can only repeat, “Richard Glossip has never been accused of physically killing anyone.” He was accused of asking Justin Sneed to commit the murder for money, and, indeed, Sneed has admitted to killing Van Treese. For his testimony in the case, Sneed received life in prison rather than the death penalty. Any rational person would obviously argue that Sneed had a vested interest in giving such testimony.
Are there cases in which murder suspects should receive the ultimate sentence for ordering a killing? One might make this argument if such a suspect was a leader of a syndicated crime network or involved in terrorist activities, but those exceptions—and I’m against the death penalty in general—simply don’t apply in this case.
Rationality would dictate Glossip’s sentence be formally commuted to life in prison, and then if he has evidence exonerating himself, he can present it. Even if Glossip asked Sneed to kill Van Treese, Sneed had the option of backing out and informing the authorities.
The facts of the case, widely discussed in the media, are fairly straightforward. Glossip was a manager of a motel owned by Van Treese in 1997. It was alleged that Van Treese was going to confront Glossip on some financial matters related to the motel and consequently Glossip supposedly asked Sneed, a handyman at the motel, to kill Van Treese, which Sneed admitted he did by beating him with a baseball bat. Glossip has maintained his innocence in the case and has declined plea agreements that would have spared him the death penalty.
In the end, it pretty much comes down to the word of someone who admits beating a man to death and had a stark vested interest to implicate another person in the death to save his own life. Rationality, not the law, tells us that in this case it seems prudent to act cautiously and not kill Richard Glossip, who didn’t physically kill another person, who has never been accused of physically killing another person and who has maintained his innocence for 18 years.
There’s not much more startling than waking up to a 3.7-magnitude earthquake shaking and rattling your house, but that’s what happened to many of us Sunday morning in central Oklahoma, and it’s the “new normal” here.
No big deal, right? The epicenter of the earthquake that hit around 7:15 a.m. was about four miles east of Edmond.
Of course, The Oklahoman doesn’t want us to worry about it because the oil and gas industry, which scientists claim is causing all the earthquakes and damaging our homes and property through an element of the fracking process, is spending so much money to try to fix the problem. But the reality is that the quakes keep coming at stupendously bizarre record levels, and our state leaders, especially the Oklahoma Corporation Commission, Gov. Mary Fallin and Oklahoma Attorney General Scott Pruitt have sold us out to the frackers.
The newspaper published what really shouldn’t be called a “story” on Aug. 23 explaining that disposal well operators have spent more than $35 million to try to stop the earthquakes. The story, written by Adam Wilmoth, is nothing more than a publicity release for the oil and gas industry, and the $35 million number is highly questionable. Here’s a paragraph from the story:
”The industry has done a really good job of cooperating and coordinating with the Corporation Commission," Commissioner Dana Murphy said this month at the Tri-State Oil and Gas Convention in Woodward. "You're talking about $150,000 to $250,000 or more for these companies not just to shut down their wells, but to plug them back."
Good job? What about all the earthquakes that keep shaking things up here? A $100,000 difference in the range of money to “plug them back”? It’s completely not credible information. Do not believe anything “official” about this issue that emits from the mouths of an Oklahoma Corporation Commissioner these days. Do, however, read this story about campaign contributions from the oil and gas industry received by Murphy and other commissioners and Pruitt. Be sure to note, as I’ve pointed out in the past, that Fallin has received thousands upon thousands of dollars in campaign contribution from oil and gas interests in her political career as well.
I’ve written a version of the following paragraph countless number of times in the past few years.
In the hydraulic fracturing, or fracking, process, water laced with toxic chemicals is injected underground by high pressure to create fissures in rock formations that release fossil fuels. The wastewater is then injected by high pressure into what are called disposal or injection wells. Scientists have confirmed it’s the disposal well process that is causing Oklahoma’s staggering amount of earthquakes.
The state is on track to experience more than 800 earthquakes of 3.0-magnitude or higher this year, the most in the contiguous United States. Just a few years ago, the state only experienced two or three minor earthquakes a year. The fracking boom, which has already gone bust, has turned the central and north-central part of the state into a property owner’s and realtor’s nightmare.
The constant shaking has to be damaging homes and property. Meanwhile, people here live with the worry that one of those earthquakes is going to keep going and going and going and turn into a significant disaster that will destroy homes and maybe even kill and injure people. The scientists say it could happen. They even say it might not even matter if fracking or disposal wells were banned here. The damage has already been done. Read this about issuing a moratorium on disposal wells:
Such a ban would not only prohibit the operation of a legally permitted activity, but also shut down wells that are not linked to earthquakes. In fact, experts say shutting down injection could make the earthquakes worse, and even create larger environmental problems.
As Oklahoma’s state seismologist Dr. Austin Holland has observed, stopping injections could actually cause new earthquakes, adding that there is “a fair amount of modeling that shows that might be the case.” There are also many cases where earthquakes continue after injection ceases, according to Holland.
The only solution to this problem is political. We need political leaders who care about the vast majority of people who live here rather than one industry that donates a lot of money to campaigns and has a powerful political lobby. The oil and gas industry is going to be here until it has sucked out the last drop of oil or the last cubic foot of natural gas from the ground. The approach or approaches to stopping and limiting the manmade earthquakes may well be nuanced and complicated, but we’re not even going to get to that point with our current state leadership.
Here are seven things we CAN do:
(1) Do not trust the word of Fallin, Pruitt, any member of the Oklahoma Corporation Commission or The Oklahoman about the earthquake issue.
(2) Vote for local and statewide politicians that are concerned about earthquake damage to your home and other property.
(3) Be ready to join a class action lawsuit or lawsuits against disposal well operators and the oil and gas industry.. Standard & Poor’s, which rates credit risks, has already pointed out the possible numerous financial implications and dangers of Oklahoma’s earthquakes.
(4) Show up at meetings or town halls about the issue. The Oklahoma Sierra Club is an excellent resource to use to find out about such meetings.
(5) Carefully document any damage to your property caused by an earthquake. Note the time and date and confirm it with the Oklahoma Geological Survey. Take photographs of the damage.
(6) Join the growing movement to create more renewable energy sources, such as solar and wind power.
(7) Know what you need to do during an earthquake. Many experts tell people to find cover under a table or something sturdy rather than run outside, which is a normal reaction.