£18bn needed to fix England and Wales potholes, road surfacing experts estimate
Just 51% of the local road network in England and Wales is reported to be in good condition, research suggests.
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Just 51% of the local road network in England and Wales is reported to be in good condition, research suggests.
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“The US Navy at this point can’t even get anywhere close to the Strait of Hormuz without being attacked.” Experts are pouring cold water on Pete Hegseth’s claims that the US is working effectively to reopen the world’s most crucial shipping lane.
Published On 14 Mar 202614 Mar 2026
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WASHINGTON — Billions fewer birds are flying through North American skies than decades ago and their numbers are shrinking ever faster, mostly due to the combination of intensive agriculture and warming temperatures, a new study finds.
Nearly half of the 261 species studied showed losses important enough to be statistically significant, and more than half of those in decline have seen losses accelerate since 1987, according to a study published Thursday in the journal Science. The study is the first to look at trends in their decrease, where they are shrinking the most and what the declines are connected to, rather than total population.
“Not only are we losing birds, we are losing them faster and faster from year to year,” said study co-author Marta Jarzyna, an ecologist at Ohio State University. “Except for forest birds, almost every group is doing poorly. So we need to ask ourselves a question. How do we protect these groups of birds?”
The only consolation is that the birds that are shrinking in numbers the fastest are species — such as the European starling, American crow, grackle and house sparrow — that aren’t yet at risk of going extinct, said study lead author Francois Leroy, also an Ohio State ecologist.
“The thing is that species extinction, they start with a decline in abundance,” Leroy said, adding that “the decline is somehow maybe giving a preview of what it could lead to in terms of species extinction.”
Cornell University conservation scientist Kenneth Rosenberg, who wasn’t part of the study, said the species declining fastest in the new research “are often considered pests or ‘trash birds,’ but if our environment cannot support healthy populations of these extreme generalists and extremely adaptable species that are tolerant of humans, then that is a very strong indicator that the environment is also toxic to humans and all other life.”
A 2019 study by Rosenberg of the same bird species found North America had 3 billion fewer birds than in 1970, but didn’t look at changes in the rate of loss or causes.
The biggest locations for acceleration of bird loss were in the Mid-Atlantic, the Midwest and California, the study found. And geography proved important when Leroy and Jarzyna looked for reasons why so many bird species are shrinking ever faster.
When it came to population declines — not the acceleration — the scientists noticed bigger losses farther south. When they did a deeper analysis, they statistically connected those losses to warmer temperatures from human-caused climate change.
“In regions where temperatures increase the most, we are seeing strongest declines in populations,” Jarzyna said. “On the other hand, the acceleration of those declines, that’s mostly driven by agricultural practices.”
The scientists found statistical correlations between accelerating decline and high fertilizer and pesticide use and the amount of cropland, Leroy said. He said they couldn’t say any of those caused the acceleration of losses, but it indicates agriculture in general is a factor.
“The stronger the agriculture, the faster we will lose birds,” Leroy said.
Jarzyna said there is a “strong interaction” between climate change and agriculture in their effect on bird populations.
“We found that agricultural intensification causes stronger accelerations of decline in regions where climate warmed the most,” Jarzyna said.
McGill University wildlife biologist David Bird, who wasn’t part of the study, said it was done well and that its conclusions made sense. With a growing human population, agriculture practices are intensified, more bird habitats are being converted to cropland, modern machinery often grind up nests and eggs, and single crop plantings offer less possibilities for birds to find food and nests, said Bird, the editor of “Birds of Canada.”
“The biggest impact of agricultural intensity though is our war on insects. Numerous recent studies have shown that insect populations in many places throughout the world, including the U.S., have crashed by well over 40 percent,” Bird said in an email. “Many of the birds in this new study showing population declines depend heavily on insects for food.”
This study is both “alarming” and “sobering” because of the sheer numbers of losses and the patterns in those accelerating declines, said Richard Gregory, head of monitoring conservation science at University College London. He was not part of the research.
The paper shows that people need to change the way they live to reduce human-caused warming, reduce agricultural intensity, monoculture of crops and broad application of chemicals, said Cornell University ornithologist Andrew Farnsworth, who wasn’t part of the study.
“Here is why this study is especially important. Birds do a lot for humans,’’ McGill biologist Bird said in an email. ”They feed us, clothe us, eat pests, pollinate our plants and crops, and warn us about impending environmental disasters. With their songs, colors, and variety, birds enrich our lives … and recent studies show that their immediate presence actually increases our well-being and happiness and can even prolong our lives! To me, a world without birds is simply unfathomable.”
Borenstein writes for the Associated Press.
London, United Kingdom – Legal experts have documented almost 1,000 incidents in which pro-Palestine voices have been allegedly targeted in the United Kingdom, data that they say represents a “systematic effort” to repress the country’s solidarity movement.
The European Legal Support Center (ELSC) said on Wednesday that it has verified 964 cases of “anti-Palestinian repression” from January 2019 until August 2025, including students being investigated over their solidarity, activists being arrested, employees facing disciplinary procedures and artists having their events cancelled.
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The findings of the study, carried out in collaboration with researchers at Forensic Architecture, are a “sample indicative of a far wider and deeper pattern”, said the group comprising lawyers and legal officers.
The ELSC pitched the report as an Index of Repression, a database that is open to the public.
“We’re launching this database to show that repression of the Palestine solidarity movement in Britain is pervasive,” Amira Abdelhamid, ELSC’s director of research and monitoring, told Al Jazeera.
One documented case involves a University of Warwick student who was reported to police by their university for carrying a sign that drew parallels between Israel and Nazi Germany during a campus rally in November 2023.

The student was arrested for “racial aggravation against the Jewish community” and investigated by their university. But in January 2024, after the ELSC stepped in, the police dropped the student’s caution and deleted all associated records. The university confirmed in March that there would be no further disciplinary action.
ELSC said “Zionist advocacy” groups, journalists and media outlets were involved in 138 incidents – including UK Lawyers for Israel (UKLFI), a pro-Israel organisation that it said played a part in 29 of the documented cases.
“The goal of this analysis is to denaturalise this politically produced process,” the group said. “This strategic targeting across sectors represents a kind of division of repressive labour. It aims to dismantle solidarity at every stage, from the formation of political consciousness in universities and schools, to its expression in culture, to its organisation in public spaces.”
Another incident involved a football club’s kit manager who was dismissed after posting his views about Israel’s conduct on social media.
The case of Dana Abuqamar, a University of Manchester student, is also analysed in the database. The Home Office revoked her visa after she told Sky News that, after 16 years of Israel’s blockade of Gaza, “We are both in fear (of) how Israel will retaliate … but also we are full of pride.”
She later clarified that her comments were not in support of the October 7 attacks into southern Israel, during which more than 1,000 people were killed. The UKLFI reported her to the police and her university, but in 2024, she won a human rights appeal.
“The main immediate goal of this anti-Palestinian repression is to depoliticise the movement, to make it seem as though it’s not a legitimate political and ethical struggle, but rather a security problem, a problem of so-called anti-Semitism or a breach of compliance,” ELSC’s Abdelhamid said.“I don’t think that has succeeded … two years on we still see people resisting the repression happening in Britain [and] speaking up and acting for Palestine and against the genocide.”
Since Israel’s onslaught on Gaza began in October 2023, tens of thousands of Britons have rallied in support of Palestine.
According to YouGov, one in three Britons have “no sympathy at all for the Israeli side in the conflict” after Israel killed more than 70,000 people in two years and decimated the Gaza Strip.
The government, led by Labour leader Keir Starmer, has long been accused of cracking down on pro-Palestine solidarity because of a wave of arrests during demonstrations and due to its proscription of Palestine Action as a “terror” organisation – a ruling recently deemed unlawful by the High Court.
In January, Human Rights Watch said that its research found a “disproportionate targeting of certain groups, including climate change activists and Palestine protesters, undermining the right to protest freely and without fear of harassment”.
Tehran, Iran – The Iranian government has again blamed “terrorists” for the killings of thousands during last month’s nationwide protests after United States President Donald Trump and human rights experts weighed in.
Foreign Minister Abbas Araghchi said on Saturday that the government has released a list of 3,117 people, whom he described as “victims of recent terrorist operation”, including about 200 security personnel.
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“If anyone disputes accuracy of our data, please share any evidence,” the diplomat, who has previously stated that 690 people on the list were “terrorists” armed and funded by the US and Israel, wrote on X.
Araghchi’s comments come hours after the US president told reporters that 32,000 people were killed during the protests, adding that “the people of Iran have lived in hell” under the theocratic establishment.
The Iranian foreign minister has also been speaking with multiple US media outlets to advocate for a “fair” agreement with Washington over Iran’s nuclear programme.
The threat of war looms increasingly large over the country and potentially the region, with Serbia on Saturday becoming the latest country to call on all its citizens to immediately leave Iran.
Mai Sato, United Nations special rapporteur on human rights in Iran, has said more than 20,000 civilians may have been killed, but information remains limited amid heavy internet filtering by the state, six weeks after a nationwide communications blackout was imposed.
The US-based HRANA says it has documented more than 7,000 people killed during the nationwide protests, and is investigating nearly 12,000 more cases.
Sato was among 30 special rapporteurs and international human rights experts who signed a joint statement on Friday calling on Iranian authorities to fully disclose the fate and whereabouts of tens of thousands arrested, forcibly disappeared or missing in the aftermath of the nationwide protests, and to halt all related death sentences and executions.
“The true scale of the violent crackdown on Iranian protesters remains impossible to determine at this point,” the experts said. “The discrepancy between official figures and grassroots estimates only deepens the anguish of families searching for their loved ones and displays a profound disregard for human rights and accountability.”
The international experts added that “the vast majority of those detained or killed are ordinary people, including children, from all provinces and diverse ethnic and religious backgrounds, as well as Afghan nationals”, in addition to lawyers representing protesters, medical professionals who treated the wounded, journalists and writers, artists and human rights defenders.
Iranian state media were accused of regularly broadcasting what the experts said are “widely regarded as forced confessions”.
The latest such incident came on Saturday, when the official Mizan news agency of the Iranian judiciary released footage from a court session for three men who said they regret setting fire to motorcycles, a mosque and copies of the Quran in Tehran during the unrest.
Also on Saturday, some students in Tehran and across the country returned to university campuses for the first time, as authorities kept universities closed and took some classes and exams online in the aftermath of the protests.
In Tehran’s Sharif University, one of the most prestigious in the country, students clashed after two separate demonstrations. Videos circulating online showed students shouting “dishonourables” at a group of paramilitary Basij students affiliated with the Islamic Revolutionary Guard Corps (IRGC), who chanted back in favour of the establishment.
The clashes come amid a heightened security atmosphere in Iranian schools and university dormitories. Teachers and schools in a number of cities near the capital went on strike last week to protest the killing of at least 230 children and teenagers, as well as increased presence of security forces in classrooms.
The Iranian government held mourning events on Tuesday and Wednesday in Tehran, with some officials in attendance.
Culture Minister Reza Salehi-Amiri announced on Saturday that the government has decided to call the upcoming ceremonies around Newroz, the new Iranian year starting in late March, an exercise in “unity and empathy” with the aim of “getting past the grief” of thousands killed.
But numerous families have been holding defiant commemoration events of their own over the past week to mark 40 days since the killing of their loved ones during the anti-establishment protests.
Footage from many ceremonies across the country this week showed family members, and large crowds gathered to support them, proudly holding up images of those killed and celebrating their shortened lives.
Many chose to clap, play traditional drums and cymbals, and even dance in symbolic shows of resistance and defiance that heavily clash with religious rituals favoured by the theocratic state.
“May your pen break, O fate, if you do not write about that which befell us,” the father of Abolfazl MirAeez, a 33-year-old killed in the city of Gorgan in the northern province of Golestan, told crowds gathered at a ceremony on Thursday.
“My son was neither a rioter, nor an embezzler nor an aghazadeh [child of an elite]. He was the son of a farmer.”
The United States Supreme Court ruling against the administration of US President Donald Trump’s sweeping global tariffs has left a question unanswered on what is the refund process for the funds collected over the past several months through the tariffs that had been imposed on most US trading partners .
In a 6–3 decision issued on Friday, Chief Justice John Roberts upheld a lower court ruling that found the president’s use of the International Emergency Economic Powers Act (IEEPA) exceeded his authority.
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The high court did not specify how the federal government would refund the estimated $175bn collected under the tariffs. In his dissent, Justice Brett Kavanaugh warned that issuing refunds would present practical challenges and said it would be “a mess”.
The case will now return to the Court of International Trade to oversee the refund process.
More than 1,000 lawsuits have already been filed by importers in the trade court seeking refunds, and a wave of new cases is expected. Legal experts say the administration will likely require importers to apply for refunds individually. That process could disproportionately burden smaller businesses affected by the tariffs.
“The government is probably not going to voluntarily pay back the money it unlawfully took. Rather, the government is going to make everyone request a refund through different procedures by filing formal protests. They’re going to delay things procedurally as long as they can. Hiring lawyers and going through these procedures costs money and time,” Greg Shaffer, a law professor at Georgetown University, told Al Jazeera.
“I imagine the largest companies, who have been prepared for this eventuality, will eventually get their money back. But smaller importers, it’s a cost-benefit analysis where they might shrug their shoulders and say it’s not worth going through the hassle to get the unlawfully imposed taxes paid back to them.”
Despite Friday’s ruling, other sweeping levies remain in place. Trump had invoked Section 232 of the 1962 Trade Expansion Act to impose sector-specific tariffs on steel and aluminium, cars, copper, lumber, and other products, such as kitchen cabinets, worldwide.
On Friday, Trump said he would impose a 10 percent global tariff for 150 days to replace some of his emergency duties that were struck down. The order would be made under Section 122 of the Trade Act of 1974, and the duties would be over and above tariffs that are currently in place, Trump said.
The statute allows the president to impose duties of up to 15 percent for up to 150 days on any and all countries related to “large and serious” balance of payments issues. It does not require investigations or impose other procedural limits.
The president also has other legal avenues available to continue taxing imports aggressively.
“Our trading partners were well aware of the risks the President faced in using IEEPA as the basis for reciprocal and other tariffs. Nevertheless, they chose to conclude deals with Washington, convinced by Washington that other statutes would be utilised to keep the tariffs in place,” Wendy Cutler, vice president of the Asia Society Policy Institute, told Al Jazeera in a statement.
“With respect to China, USTR [United States trade representative] still has an active Section 301 investigation on China’s compliance with the Phase One agreement, which could be a major feature of the back-up plan for Beijing.”
The president is expected to travel to Beijing next month to meet his Chinese counterpart, Xi Jinping, to discuss trade.
“The two main options include Section 301 of the Trade Act of 1974, the traditional mechanism for imposing tariffs in response to unfair trade practices by other countries. It requires an investigation and a report, but ultimately gives the president considerable discretion to impose tariffs. It has been used in the past and will likely be the most frequently used measure going forward,” Shaffer, the law professor, said.
He noted, however, that the administration’s tariff options could not be applied retroactively, meaning any new tariffs would apply only to future imports rather than covering duties already paid.
Raj Bhala, professor of law at The University of Kansas School of Law, argues there are remedies at the president’s disposal in addition to Section 122. Bhala said that Trump could use Section 338 of the Tariff Act of 1930 (also known as the Smoot-Hawley Act). That allows the president to impose a 50 percent tariff to challenge discriminatory trade practices from other countries.
“Each option involves procedural hurdles,” Bhala said.
Roberts wrote that the president must “point to clear congressional authorization” to impose tariffs. The ruling has increased pressure on both Trump’s allies and critics in Congress to clarify the scope of executive trade authority.
“What a fantastic ruling for a feckless branch of government. While its current tendency is to abdicate, the court has told Congress to do its job,” a former official in the White House Office of Management and Budget told Al Jazeera in response to the decision.
“Congress must either act with specific legislation, or declare war, which would grant the President the emergency powers to levy tariffs.”
“Congress and the Administration will determine the best path forward in the coming weeks,” House Speaker Mike Johnson said in a post on the social media platform X.
Senate Democratic Leader Chuck Schumer, by contrast, welcomed the ruling, saying it will “finally give families and small businesses the relief they deserve” and that Trump should end “this reckless trade war for good.”
But how that money will get paid back, and if it was already spent, will require Congress to step in.
“If it has been spent, the money will have to be reallocated by Congress. Congress will have to determine how much is owed to importers, pass a law to fund it, and create a mechanism for repayment. There’s also the question of who is entitled to it. Is it only the importer, or does it extend to the end consumer? Where does the line stop?” Babak Hafezi, professor of international business at American University, told Al Jazeera.
“This is not something that will be fixed in 24 hours. It will most likely take years, possibly even a decade, to resolve all the issues this less-than-a-year-old law has imposed on Americans.”
The following article contains spoilers for Episode 7, “1:00 P.M.,” of “The Pitt” Season 2.
The education begins almost immediately. A young woman who has just experienced a sexual assault is in triage, and “The Pitt’s” Dr. Robby (Noah Wyle) enlists Dr. Al-Hashimi (Sepideh Moafi) to assist charge nurse Dana Evans (Katherine LaNasa) with the patient.
“We can call for a SANE,” another nurse suggests when Dana says she’ll be occupied.
“On a holiday? Could be hours,” responds Dana, a veteran who knows better, as the Fourth of July shift enters afternoon hours. “We’re not going to make this patient wait. And since I’m the only SANE on staff …”
A what? The quick reference sets in motion what “The Pitt” aims to shed light on: a sexual assault forensic exam, also known as a rape kit exam. The episode delves into the confidential medical procedure to collect DNA and evidence and gives one of the most detailed depictions of the process for television.
But before cameras venture into the room with the patient, Dana gives recent nursing school graduate Emma (Laëtitia Hollard) — and the audience — an overview. A SANE is a sexual assault nurse; they perform forensic exams, collect evidence and hand it over to the police, if a report is made. They also provide resources, support and may even testify in court.
The storyline serves a dual purpose, according to Kirsten Pierre-Geyfman, who co-wrote the episode with the show’s creator, R. Scott Gemmill. “We wanted to highlight the very important and incredible work of a SANE, especially in the department setting,” she says. “And we also wanted to see the bravery it takes for a survivor to come forward, let alone do a rape kit … It’s not an easy decision for somebody to make, and it’s not an easy process for somebody to go through.”
To help construct a realistic and sensitive portrayal of the exam process, “The Pitt’s” writing team and actors worked with a number of consultants, including the UCLA Health Rape Treatment Center and Pittsburgh Action Against Rape (PAAR).
“I wanted people to understand the extent of the exam, I think that’s a misconception among a lot of people,” said Dr. Kathleen Sekula, a SANE at Duquesne University in Pittsburgh who also consulted the show’s team.
Ilana (Tina Ivlev) arrives at the ER in Episode 7 of “The Pitt.”
(HBO)
The case in Episode 7, “1:00 P.M.,” involves a visibly shaken young woman, Ilana, played by Tina Ivlev. The writing team knew they wanted to detail the process, not the trauma, Pierre-Geyfman said, so the information about what Ilana experienced is minimal: She was at a barbecue with friends when she was assaulted by a male friend.
“The thing that struck me was the fact the other shows might focus on what happened and then dive into that,” Ivlev said. “What I loved about this, the minute she starts talking about it, they cut [away]. There’s so much underneath it. I wanted it to be similar to real life when you have a traumatic situation happen — sometimes you can be hyperfocused on certain details, then other things are cloudy. Her head is spinning. She’s in shock.”
As with many of “The Pitt’s” cases, the story serves to bolster the emotional arc of the show’s healthcare providers, in this case Dana, who assists with the exam from start to finish as the department’s certified SANE nurse. Last season, she was brutally punched in the face by a disgruntled patient while taking a smoke break. That violent attack left her rattled and contemplating an exit from the job, but after taking a few weeks off, she ultimately returned to work — though the assault’s lingering impact has sharpened her edges.
“With Dana’s arc and her own assault last season, she’s definitely calcified a little this season,” Pierre-Geyfman said. “She’s trying to create a little bit of distance between her and her patients, and is really trying to prioritize her nurse’s safety. You see her struggle a little bit with that with this patient. She’s wanting to do more for her.”
On screen, the assessment begins with Dr. Al-Hashimi checking to see if Ilana has any injuries that need immediate attention and getting an intake of prescription medications and any known allergies to medications. Securing two triage rooms to complete the exam as a way to ensure privacy in the busy emergency department, Dana, with help from Emma, begins the evidence collection while carefully outlining the process to Ilana. For starters, once Dana opens the kit, Ilana cannot leave the room but is free to take a break as needed.
To avoid contamination, Dana puts on a face shield and opens the kit, which is a rectangle-shaped box that contains items like paper bags to store evidence and swabs for collecting biological samples. The first step requires Ilana to change into a robe, undressing on top of pads placed on the floor so each item of clothing can be packaged into separate bags and collected as evidence. She’ll be given new clothes, Dana assures her. Dana raises a large piece of cloth to give Ilana privacy as she completes the process.
Eventually Dr. Al-Hashimi returns to examine Ilana, checking for any pain on her body or need for X-rays or imaging — she notes two areas of bruising to be documented by Dana with photos. Dana seals the camera’s memory card in an evidence envelope. Next, with the lights off, Dana runs a black light over Ilana’s body. Dana relays that if there’s a part of Ilana’s skin that glows, she’ll swab it with a wet, then dry, cotton swab. Dana next swabs Ilana’s mouth — the inside of her cheek and along the gum line — and her finger nails. At various points, Dana is careful to assess Ilana’s comfort with each step and uses statements like “This will not define you,” while Ilana shows signs of stress about the length of the process.
Emma (Laëtitia Hollard) assists Dana (Katherine LaNasa), who leads the exam as the SANE (sexual assault nurse) on duty.
(HBO)
At one juncture, an advocate from Pittsburgh Action Against Rape, otherwise known as PAAR, arrives to further detail the resources and assistance they can offer, a service that’s available regardless of whether a patient decides not to complete the rape kit exam. Throughout the process, Ilana is assured that she can complete the exam even if she’s vacillating on whether to file a police report — that decision can be made at a later time and none of it goes on her permanent medical record. But when the exam pivots to external and internal vaginal collection, Ilana panics once she’s instructed to place her feet in stirrups to get into position. Dana suggests a break.
“I don’t want a break, I want to stop,” Ilana proclaims. “He’s my friend. He knows all my friends. It was just a dumb — he was drunk. He didn’t mean — it didn’t mean anything.”
It brings a pause to the process, which will carry over into Episode 8. In trying to show the scope of the exam, the medical drama takes liberties in its completion time. Sekula said it’s rare for an exam to be completed in under three to four hours.
Not all nurses are certified to be a SANE, and certification requirements vary by state, according to Sekula. It’s a role that requires extreme attention to detail and thoroughness, as their work bridges the healthcare and legal systems. While preparing for the episode, Hollard said she marveled at the precise protocols involved and the support that’s provided.
“On a technical level, it’s so meticulous,” Hollard said. “There’s so many parts, so many envelopes. You have to take these swabs and they can’t touch each other. And the legality of it all — the way this kit is happening is how they would do it with PAAR in Pittsburgh, but that’s not the same way they do it in California, or [the way] they do it in different states.”
While “The Pitt” is frequently recognized for its hyperrealistic medical procedures, the episode’s director, Uta Briesewitz, knew she wanted to film the exam in a way that mirrored the sensitivity healthcare professionals strive to exhibit, with shots that weren’t invasive or fixated on Ilana’s body. For example, when Ilana is undressing, the camera is fixed on Dana being mindful to give her privacy even in their close proximity — an out of focus glimpse of Ilana’s bare backside comes only when getting a reaction of Emma taking in the weight of the moment. Later, when the blue light is being run down Ilana’s body, her hospital gown is carefully place to avoid exposure. In addition to a SANE consultant being on set to assist with queries about the process, there was also an intimacy coordinator to help with the comfort level of filming the scenes.
“On a technical level, it’s so meticulous,” said Laëtitia Hollard of the process. “There’s so many parts, so many envelopes. You have to take these swabs and they can’t touch each other.”
(HBO)
“It was a very sensitive line because women can get re-traumatized,” Briesewitz said. “I remember one of our more detailed conversations with our SANE nurse was about when Dana had to look with the black light for bodily fluid. How do we make sure she would not miss anything but, at the same time, give the victim the feeling that they’re still protected? It was super helpful to have our SANE advisor on set to say the way she would do it. ‘One arm comes out of the sleeve, then I hold up her gown this way, and I would do it like that …’”
LaNasa found her time at the UCLA Health Rape Treatment Center crucial to chart both her character’s ease in the room and her sensitivity to the task at hand: “I went back a second time because I knew I was going to have to use the kit … I wanted it to look like I had used the kit many times and I knew what I was doing.”
Reflecting on the case as a mirror to her character’s journey, LaNasa pointed out that Dana never pressed charges against Doug Driscoll, the man who assaulted her.
“It’s different in this situation,” LaNasa acknowledged. “I thought it was great information that we got out of this, which is that you can go and do a rape kit, you can have the evidence collected, and you don’t have to decide on that day when you’re traumatized if you want to press charges or not. I think that part of Dana’s hypervigilance is probably because there was no justice for her. I think why she’s cracked this season is because she didn’t take care of herself. She’s reeling from that. She let him beat her up. At the same time, she doesn’t want Tina’s character to feel any pressure, but I think she wants it for her. She wants her to have the ability to change her mind later.”
“We’re going to hear Dana, later in the season, refer back to this process that these people have to go through, in defense of a sexual assault victim,” LaNasa teased. “It’s big on her mind. She’s been doing it quite a while.”
WASHINGTON — Since a government raid near Waco, Tex., turned into a fiery disaster two years ago, Atty. Gen. Janet Reno has steadfastly defended her decision to storm the besieged compound of the Branch Davidian religious sect and cited a need to rescue the 24 children inside from unsafe and worsening conditions.
But as the episode becomes the focus of renewed attention in the nation’s capital and beyond, fresh questions are centering on certain tactics used by federal agents–specifically the firing of hundreds of rounds of a military-style tear gas into the camp–that may themselves have endangered the children.
At 6:02 a.m. on April 19, 1993, following a 51-day standoff, FBI agents in military tanks advanced from siege lines around the Branch Davidian compound and fired volleys of CS gas inside the buildings to immobilize the heavily armed occupants.
The wooden structures were filled with the gas over the next six hours before the building erupted into flames, leaving more than 80 people dead, including all of the children. Before giving the order to advance, Reno said, she was assured by military experts that CS gas would cause no serious harm or permanent damage to the children of the besieged cult members.
However, it is now clear that medical literature and manufacturers’ warnings available at the time dispute that conclusion.
CS gas is potentially so hazardous when applied in confined spaces that California prison guards are cautioned against using it in the cells of unruly inmates. A Sherman Oaks company suspended sales of CS to the Israeli government in 1988 at the same time Amnesty International linked the gas to the deaths of Palestinians in homes and other buildings in the occupied territories.
Although adults can withstand CS exposure by wearing gas masks, and the Branch Davidian compound was well stocked with military equipment, no masks were available to properly fit children.
“All of those young children who breathed that gas for hours and didn’t have masks would have been in intensive care if they had survived,” said Dr. Alan A. Stone, a Harvard University professor of law and psychiatry who was chosen by the Justice Department to review its performance at Waco and only recently began to speak out. “This seems so clear and apparent that it’s hard for me to imagine how the attorney general, who I have great respect for, could have OKd this.”
The official cause of death for the children, whose bodies were badly burned in the blaze, could not be determined. Smoke inhalation was a leading possibility. However, autopsy records also show that some of the victim’s bodies contained cyanide, a chemical emitted when CS gas–and other substances such as plastic–are heated in a fire. Many of the toddlers and infants may have been overcome by the gas before they died, some experts believe.
In contrast, a government specialist in riot-control agents who requested anonymity said scientific studies indicate that it would be “almost virtually impossible” for large quantities of CS to severely injure any of the Davidians, including the 17 children under age 10. And Justice Department officials say they doubt that many, if any, Davidians breathed significant amounts of CS because of strong winds that whipped through large holes knocked in the building by tank-mounted battering rams to insert the gas.
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Controversy surrounding the Branch Davidian incident has been fanned by the Oklahoma City bombing on April 19, the second anniversary of the Waco blaze. The leading suspect in the fatal attack on the federal building, Timothy J. McVeigh, reportedly considered the Waco siege an example of government’s intention to crush individual liberties, particularly the right to bear arms.
He is not alone. Some conservatives and civil libertarians question whether the full story of the government’s actions at Waco has come to light. At least two congressional committees plan to hold hearings into the Branch Davidian incident this summer.
Officials at the Bureau of Alcohol, Tobacco and Firearms, which conducted the initial raid at Waco to serve search warrants related to weapons violations, maintain they have learned painful lessons from their mistakes and adopted changes to ensure they are not repeated.
But the Justice Department has denied being at fault, instead blaming the loss of life solely on Branch Davidian leader David Koresh, who was suspected of stockpiling illegal weapons.
“There is much to be angry about when we talk about Waco, and the government’s conduct is not the reason,” Reno told a gathering of federal law enforcement officers this month. “David Koresh is the reason.”
Henry Ruth, a former federal prosecutor who served on the independent board that reviewed the ATF’s actions, said he found the Justice Department’s review of Waco full of glowing appraisals.
“That is appalling to me when children die in a fire and there is a precedent for it,” said Ruth, citing the five children who burned to death in 1985 when authorities dropped a bomb on the MOVE community building in West Philadelphia. “When they don’t learn their lessons, are children going to die the next time?”
The FBI was called in on Feb. 28, 1993, to resolve an exceedingly difficult situation at the Branch Davidians’ compound after the ATF raid there went awry. As ATF agents stormed the compound, armed cult members opened fire, killing four officers and five Branch Davidian members. After negotiating a cease-fire with Koresh, the FBI decided that its principal goal was gaining the release of the children inside, according to the Justice Department review of the incident.
Koresh sent out 21 children and 14 adults through March 23. But the releases stopped, and he showed no willingness to surrender.
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As weeks passed, the uncertainty about the outcome began to mount. The FBI’s longest previous standoff had lasted four days. When the Waco encounter entered its second month, the situation became more “dangerous” because of the difficulty in maintaining security around such a large area and because the FBI’s hostage rescue team was exhausted and in need of retraining, Reno said. The FBI had no backup unit.
On the 22nd day, FBI officials recommended using tear gas to clear the compound. Three weeks later, on April 12, the attorney general was briefed on the FBI’s proposal to use CS gas.
In meetings with military experts, Reno was reassured that the plan to drive out the Branch Davidians with gradual applications of CS gas was safe. They referred to cases of children who had completely recovered within hours of being exposed to CS with no long-term effects.
Reno spent more time weighing the merits of the gassing strategy than any other issue at Waco, said Justice Department spokesman Carl Stern. Among those she consulted was Harry Salem, a toxicologist at the Army’s Chemical and Biological Defense Command.
Reno was advised that although no laboratory tests measuring the effects of CS gas on children had been performed, “anecdotal evidence was convincing” that there would be no permanent injury, according to the Justice Department report. “The military personnel made Reno feel more confident with the concept of tear gas, as opposed to the original concept in her mind of ‘gassing,’ ” the report said.
Salem declined to be interviewed. In written responses to questions submitted by The Times, Salem wrote that CS can be used indoors as long as safety ratios are not exceeded. Achieving lethal concentrations of CS, Salem wrote, would be “extremely difficult.”
After the Waco standoff’s fiery end, Stone, one of the experts retained by the Justice Department to examine what happened, specifically requested the briefing materials Salem provided to Reno. Stone said he was furnished a copy of a 1971 report by the British government that advocated CS as a crowd-control agent in open-air settings.
“There was nothing the attorney general was given in her material and nothing I was ever given which addressed the problem of CS gas in a closed space,” Stone said.
Stone issued a scathing 33-page report in November, 1993, which the Justice Department declined to make available, that criticized the decision to deploy CS gas. In the Justice Department report, Stone wrote, there is no mention during Reno’s deliberations that young children do not have the lung capacity to use gas masks.
“I find it hard to accept a deliberate plan to insert CS gas . . . in a building with so many children,” Stone wrote. “It certainly makes it more difficult to believe that the health and safety of the children was our primary concern.”
Reno has discounted Stone’s criticism, saying he lacks expertise in the field of toxicology.
The danger of applying CS in enclosed spaces is spelled out in an array of medical literature and manufacturers’ reports, including the Army’s guidelines on civil disturbances. Army Field Manual FM 19-15, published in 1985, warns that CS “is not to be used in buildings, near hospitals or in areas where lingering contamination could cause problems.”
Kelly Donahue, spokeswoman for Federal Laboratories Inc., which produces CS gas, said the chemical is designed for use in a large, open area. “If you were to shoot too much in a building or enclosed area, you could suffocate individuals.”
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CS takes its name from two scientists, B.B. Corson and R.W. Stoughton, who invented it in 1928. The chemical, ortho-chlorobenzal malononitrile, is considered a “super tear gas” because it works instantly, causing burning eyes, coughing, breathing difficulty, stinging skin and vomiting. Though it is commonly referred to as a tear gas, CS is actually a white crystal that looks like talcum powder. In 1959, the Army adopted CS as its standard riot-control agent, and the chemical was used extensively in the Vietnam War.
The widespread use of CS by South Korea on hundreds of thousands of civilians in 1987 was researched by the Physicians for Human Rights group. After discovering that civilians suffered serious acute illnesses, sometimes with permanent injury, the group called for banning the use of CS on humans.
“Exposure to high concentrations of tear gas in small, enclosed spaces for 10 minutes is potentially lethal, particularly to infants and children. . . ,” the organization concluded.
High levels of CS exposure have led to heart failure and death in adults, according to a 1989 report in the Journal of the American Medical Assn. The principal author of the study, Dr. Howard Hu of Harvard University Medical School, said he would have strongly recommended against firing CS into the Branch Davidian compound if there was any chance the occupants would remain inside.
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In the days leading up to the assault, FBI officials told the attorney general they planned to introduce the CS gradually over two or three days. They hoped to force the Davidians out the front door by using gas at opposite ends of the compound.
But the tear-gas raid on April 19 was anything but gradual.
Within minutes of the initial delivery of two bottles of CS, the Davidians fired automatic weapons at the military armored vehicle, according to the Justice Department report. Two M-60 tanks and four Bradley fighting vehicles responded by launching an all-out assault on all areas of the building. Under the plan approved by Reno, the FBI was authorized to escalate the gassing operation if the tanks encountered resistance.
By 6:31 a.m., half an hour after the mission began, the entire building had been filled with CS. The rest of the morning, the FBI continued to deliver gas volleys through all openings of the residential structure to increase the pressure on the occupants.
The attack was so rapid that the tanks quickly exhausted the supply of tear-gas canisters that was to last for several days. At 7:45 a.m., senior FBI officials requested additional rounds of CS from field offices around the country. By the time the final gas volleys were fired at 11:40 a.m., the Bradley tanks had fired at least 300 rounds at the building and the M-60 combat vehicles had made six gas injections.
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Clive Doyle was inside the chapel when an M-60 tank burst through the front door spraying CS and as additional so-called ferret rounds from the Bradley vehicles landed through the windows. While most Davidians in the chapel had gas masks, Doyle said, they only worked for about half an hour before the filters started to fail. He said there were screams as the gas burned the skin of some people and left others gasping.
“The ferret rounds were almost like rockets,” said Doyle, 54, who lived at the compound off and on for nearly three decades and was acquitted of all charges at the Branch Davidian trial last year.
“They crashed through windows, came whistling past your head and embedded themselves in the wall,” he said. “You could hear them hissing once they broke open. We were praying to God that somehow we would be delivered.”
Doyle said there was “no doubt” the gas poured into an aboveground concrete bunker where the women and children had retreated. The 20-by-21-foot bunker, which had been used as a locked vault and food cooler, was waist-deep in stored ammunition.
“The children had no protection from [the gas] being sprayed because there were no windows or major holes,” Doyle said. “I can imagine it was agonizing for them without gas masks and being in a cul-de-sac part of the building with no wind.”
FBI officials offered a contrasting view. They say that any suggestion that CS could have worked its way through rooms into the bunker is highly improbable.
“They probably would not have had to don gas masks or shed one tear from the CS that would have entered that bunker,” said the government specialist on tear gas.
The charred remains of children, including at least 10 who were younger than 3, were found in the bunker along with 13 women, seven men and a fetus. Coroner’s investigators determined that mothers put wet blankets around the children and held them in their arms before they died.
Given the large quantities of CS pumped into the building, it would have been very difficult for children to have walked out to safety, as envisioned by the FBI plan, some experts say.
“The kids would never have made it,” said George F. Uhlig, a retired Air Force lieutenant colonel and professor of chemistry at the College of Eastern Utah who has researched the use of CS at Waco. “Eventually you pump in enough gas and you exclude breathing.”
An arson investigation team compiled by the Texas State Rangers found that the ensuing fire that engulfed the compound was deliberately set by one or more people inside the building. The team concluded that the fire was not caused or spread by any chemicals used in the gassing operation.
It is unclear how many Davidians inhaled the CS gas, according to the Justice Department report. The passage of at least an hour between the last gas attacks and the end of the fire would have allowed evidence of the gas to dissipate in the bodies.
“It is impossible to predict what role CS played in this case,” said Dr. Nizam Peerwani, chief medical examiner of Tarrant County, Tex., whose office performed the toxicological tests on the bodies.
While the criticism has mounted, the Justice Department has held firm that the use of the CS was appropriate. Within the past two weeks, Reno went back to Salem to ask him about the safety of CS gas, according to Justice Department spokesman Stern.
“He hasn’t changed his thinking at all,” Stern said.
Times staff writer Ronald J. Ostrow contributed to this story.