SLAPPing Down Protest

Ralph welcomes Deepa Padmanabha, senior legal advisor to Greenpeace USA, to discuss that organization’s looming trial against Energy Transfer Partners (builder of the Dakota Access Pipeline at Standing Rock) that threatens the constitutionally protected First Amendment right of citizens and citizen groups to protest. Plus, Josh Paul, former State Department employee, who resigned in protest over the Biden Administration’s policy of sending weapons to support Israel’s genocide in Gaza, returns to tell us about an organization he co-founded called “A New Policy,” which as the name suggests envisions an American policy toward the Middle East more in line with the “foundational principles of liberty, equality, democracy, and human rights; advancing American interests abroad; and protecting American freedoms at home.”

Deepa Padmanabha is Senior Legal Advisor at Greenpeace USA, where she works closely with environmental activists seeking to exercise their First Amendment rights to promote systemic change. In September 2022, she testified before the House Committee on Oversight and Reform on Greenpeace USA’s experience with legal attacks from extractive industries and the importance of federal anti-SLAPP legislation. And her work has focused on defending Greenpeace entities in the US against two SLAPP lawsuits attempting to silence the organization’s advocacy work.

This was not a Greenpeace campaign—and that was very intentional. And so our very limited involvement was solidarity with the Indigenous tribes, the Indigenous water protectors that were carrying this fight…Personally, I don't think that Energy Transfer likes the optics of going after Indigenous people. I think that it's much easier to go after the “Big Greens”, the “agitators”, things like that—and they probably would be dealing with a much more difficult PR campaign if they went after members of tribes.

Deepa Padmanabha

Back in 2016 and 2017, when the original civil RICO cases were filed against the Greenpeace entities (all of these fights started out as RICO), many groups across issue areas were deeply concerned that this would be the new tactic used to go to attack labor, to attack human rights, to attack every kind of organization imaginable. And so what we did at that time (Greenpeace USA was a part of it as well as other groups) is we've created a coalition called Protect the Protest. Protect the Protest is a coalition of organizations to provide support for individuals who are threatened with SLAPPs, who receive cease-and-desist letters, who might want help either finding a lawyer or communication support. Because we know that the individuals bringing these lawsuits want the fights to happen in silence. So a big part of the work that needs to be done—and that we do—is to bring attention to them.

Deepa Padmanabha

Past SLAPP lawsuits by corporations intended to wear down the citizen groups, cost them all kinds of legal fees. There have been SLAPP lawsuits for citizen groups just having a news conference or citizen groups being part of a town meeting. Or in the case of Oprah Winfrey, who was sued by at Texas meat company because she had a critic of the meat industry on her show that reached millions of people. That case was settled. So, this is the furthest extension of suppression of free speech by these artificial entities called corporations.

Ralph Nader

Josh Paul is co-founder (with Tariq Habash) of A New Policy, which seeks to transform U.S. foreign policy in the Middle East. He resigned from the State Department in October 2023 due to his disagreement with the Biden Administration’s decision to rush lethal military assistance to Israel in the context of its war on Gaza. He had previously spent over 11 years working as a Director in the Bureau of Political-Military Affairs, which is responsible for U.S. defense diplomacy, security assistance, and arms transfers. He previously worked on security sector reform in both Iraq and the West Bank, with additional roles in the Office of the Secretary of Defense, U.S. Army Staff, and as a Military Legislative Assistant for a Member of the U.S. House Armed Services Committee.

I think that the time for quitting in protest over Gaza, unfortunately, in many ways, is greatly behind us. I think there will be a significant number of State Department officials who will be leaving in the coming days, weeks, and months. And this is a result of a push from the Trump administration to gut America's diplomatic corps, much as they did at the start of the previous Trump administration, but even more so this time around. What I'm hearing from former colleagues in the State Department is a sense of immense despair as they see freezes being placed on U.S. foreign assistance programs—including programs that do an immense amount of good around the world—and just a concern about the overall and impending collapse of American diplomacy.

Josh Paul

We have to acknowledge the precedent set by President Biden. Not only in his unconditional support for Israel and its attacks on Gaza, its violations of international humanitarian law, but also in President Biden and Secretary Blinken's willingness to set aside U.S. laws when it came to, in particular, security assistance and arms transfers in order to continue that support. That is a precedent that I think all Americans should be concerned about regardless of their thoughts on the conflict itself.

Josh Paul

I would say that what we face in America is a problem set that runs much deeper than any change in administration, than any political party. There is an entrenched dynamic within American politics—an entrenched set of both political and economic incentives across our electoral system—that are maintaining U.S. unconditional support for Israel, regardless of what the American people might want.

Josh Paul

News 1/31/25

1. Our top stories this week have to do with the betrayal of the so-called “Make America Healthy Again” or “MAHA” movement. First up, Robert F. Kennedy Jr. – President Trump’s nominee to lead the Department of Health of Human Services – found himself in the hot seat Wednesday as his confirmation hearings began. Kennedy, who is facing opposition both from Democrats who regard his anti-vaccine rhetoric as dangerous and Republicans who view him as too liberal, struggled to answer basic questions during these hearings. Perhaps most distressingly, he shilled for the disastrous Medicare privatization scheme known as “Medicare Advantage,” at one point saying that he himself is on a Medicare Advantage plan and that “more people would rather be on Medicare Advantage.” Kennedy went on to say most Americans would prefer to be on private insurance. As Matt Stoller of the American Economic Liberties Project writes, this is “basically Cato [Institute] style libertarianism.”

2. Meanwhile, the Trump Administration is signaling they intend to scrap a proposed EPA rule to ban “forever chemicals” from Americans’ drinking water, per the Spokesman-Review out of Spokane, Washington. Per this piece, “perfluoroalkyl and polyfluoroalkyl substances, abbreviated PFAS, are a set of man-made chemicals used in thousands of products over the decades. High levels of them have…been linked to cancers, heart disease, high cholesterol, thyroid disease, low birth weight and other diseases.” Shelving PFAS regulation was high on the Heritage Foundation’s Project 2025 wish list, though the Trump team had previously sent mixed messages on the topic. Trump’s pick to oversee regulation of dangerous chemicals is Nancy Beck, a longtime executive at the American Chemistry Council.

3. As if those betrayals weren’t enough, Trump has also selected Ms. Kailee Buller as the Chief of Staff for the U.S. Department of Agriculture. For the past year, Buller has served as president & CEO of the National Oilseed Processors Association. More simply put, she is the top seed oil lobbyist in the nation. This is perhaps the most illustrative example of the MAHA bait and switch. Not only is the Trump administration spitting in the face of their own supporters and doing the opposite of what they promised in terms of cracking down on ultra-processed, unhealthy food – they are doing so in an openly and brazenly corrupt manner. Under Trump, regulatory agencies are on the auction block and will be sold to the highest bidder.

4. In more health news, legendary investigative journalist Seymour Hersh has come out with a new story – and it’s a doozy. According to Hersh’s sources, the Trump administration mishandled the COVID-19 pandemic long before the public knew