The director of the Oscar-nominated, environmentalist documentary “Gasland” was arrested Wednesday for filming a hearing on fracking, a natural gas extraction technique, led by Maryland Republican Rep. Andy Harris, of the House Energy and Environment Subcommittee.
Filmmaker Josh Fox was questioned about credentials for taping the event in the Rayburn House Office Building. He had none, and after he declined to leave the hearing with his camera, two Capitol Police officers handcuffed him and led him out of the room. Fox was later charged with unlawful entry and released to face an October court date.
The move drew protests from Rep. Brad Miller, D-N.C., who asked for the committee rules to be suspended to allow Fox to record the hearing.
The committee recessed for a half-hour, then returned to vote along party lines to reject the motion. Miller then unsuccessfully moved to delay the hearing.
House rules require permission of the chairman or credentials from one of the galleries that govern the media to videotape a hearing. Fox asked about credentialing before the hearing, but did not get those credentials.
Harris said after the hearing that he “might have been predisposed” to suspend the rules were it not for the fact video of the hearing can be viewed on the committee website.
In an interview with The New York Times, Fox said his First Amendment rights were violated by the committee’s action.
“No one on the Hill is exempt from the Constitution,” Mr. Fox told the Times. “Period.”
Afterward, Miller’s office took Fox’s side, saying when Miller was chairman of the subcommittee in the past, he never requested that documentary filmmakers leave the hearing room.
Miller’s Press Secretary LuAnn Canipe said her boss considers Harris’s action “extreme.”
Freelance journalist Kerry Meyer was also turned away for trying to film the meeting. He was fooled into thinking that he had been hired by ABC according to Zach Kurz, the committee’s communication director. Meyer left the meeting without resistance.
ABC News confirmed to the committee that it did not send a journalist to film the hearing.
Fracking, or hydraulic fracturing, is a controversial extraction technique for natural gas that is under discussion for use in Maryland. It has been used in other parts of the country, and its environmental consequences were the subject of Fox’s “Gasland” film, which has drawn fire from the natural gas industry.
When the hearing finally began, Harris opened with an attack on President Obama by saying “in a remarkable display of arrogance and disregard for the plain facts, the president last week proclaimed his support for expanded shale gas production, while at the same time allowing every part of his administration … to attack these practices through scientific innuendo and regulatory straightjacketing.”
Obama, in his State of the Union speech, supported fracking saying, “The development of natural gas will create jobs and power trucks and factories that are cheaper and cleaner, proving that we don’t have to choose between our environment and our economy.”
The hearing was called specifically to look at an Environmental Protection Agency report investigating complaints by residents of Pavillion, Wyo., that their water quality decreased after fracking for natural gas began in the town.
The EPA determined that Pavillion’s wells contained levels of the carcinogen benzene 25 to 50 times the acceptable level, and that the contaminants are “most likely” the result of fracking.
Harris questioned EPA Administrator Jim Martin aggressively.
“You’ve already testified you’ve read the report,” he told Martin sarcastically, when Martin struggled to recall the exact language that it contained.
“The whole point of this hearing is to say, ‘Look, you’re jumping the gun,’” Harris said.
Martin said results of the study do not apply to the Marcellus Shale formation, which runs through northwestern Maryland, because it has different geology.
Harris called on Maryland Democratic Gov. Martin O’Malley to lift his moratorium on fracking because the natural gas “is in the most economically depressed regions of the state.”
Harris said that he is concerned the governor will use the study to oppose fracking in Maryland even though the EPA said it is not supposed to be interpreted that way.
By Varun Saxena
DLaMotte says
This so-called Representative is pitiful. He is anti- environment, anti-science and he has the gall calling
the President “arrogant”. Everything about this man is “extreme”, not just his latest “action”.
Marge Fallaw says
What an embarrassment it is to have Andy Harris as our member of Congress. It’s now only about 10 p.m. on Feb. 1 and already this incident has been been picked up by media nationwide, indeed worldwide. On the positive side, at least it will be widely revealed how our congressman operates—with a heavy-handed no to just about everything and everybody who doesn’t share his views. No respect for freedom of the press here, which principle was written into the Constitution to foster searching for the truth and the facts on issues. Alas, it appears there will be no true fact-finding by this subcommittee as long as he is chair since he seems to have made up his mind long ago on the fracking issue, no matter where employed, before the matter has been fully and responsibly studied. Selective use of certain supposed “facts” and suppression of information that might not agree with them is not the American way.
For another account of the incident (and a video of part of it—apparently not suppressed? or suppressed after the chair discovered it was being made, perhaps quietly by a person who also didn’t have advance permission to film?), see this link:
https://www.huffingtonpost.com/2012/02/01/house-republicans-order-j_n_1246971.html?ref=green&ir=Green
Gren Whitman says
Harris in Congress; Pipkin & Co. in Annapolis … We shouldn’t be taxed ’cause we sure ain’t represented!
Keith Thompson says
@Gren…interesting that you’d say that because a part of the message from Harris, Pipkin et al is that the district would rather go without all of the perks of big government rather than have to pay for it. I would think the GOP representation will readily agree with you that the residents of the Eastern Shore shouldn’t be taxed if they’re not getting any benefit from it.
As for the Josh Fox arrest…there are two sides to the story and what isn’t being emphasized here is that Mr. Fox did not receive clearance to be there via House rules and therefore by refusing to leave, he was trespassing. I can understand why clearance would be necessary because you can’t have an unlimited press or public presence at a hearing because it would be disruptive. However the reason given for not granting clearance by Harris, that the coverage is available on the website, is pretty weak. It’s a shaky reason for keeping out the public and an entirely bogus reason if you’re keeping out the press or a documentary filmmaker. If Mr. Fox is not being granted clearance due to political reasons as it appears, then Harris is clearly out of line. I largely agree with Harris on the issue of fracking, but he shouldn’t be attempting to shut down the debate
Lainey Harrison says
MY-WAY-OR-THE-HIGHWAY-HARRIS embarrasses us again.
And when he threw his little temper tantrum about “I want health care on the FIRST day” he clearly thought there were no recording devices there either.
What a tool. And we pay this man with our hard earned tax dollars.
Joan Smith says
To call Andy Harris a tool is to diminish tools. And I wish he’d stop making those lame robocalls.
Stephan Sonn says
Well… Keith,
Pseudo-Solomon strikes again
.
Fox I take it is a heckler who could bring disorder to
the spinning of fracking into holy water production.
What a talent for teetering on the cliffs edge
of opposite opinions, at the same time.
Please don’t ask for a Freudian tilt on all that.
You would not like it..
There will never be enough sudden death playoffs anywhere
to perk your coffee.
Clark says
Congressman Frosty brings good publicity to the Eastern Shore once again.
Keith Thompson says
@Stephan…
There are always three sides to every story…your side, my side, and the truth. While everyone is using the time here to pile on Andy Harris (which I find justified), the truth is that the other party here, Mr. Fox, is not 100% innocent.
Stephan Sonn says
News people are not gods as Rupert Murdock and both of us not gods
But Mr Fox was not the enemy of democracy
Or, have you not considered that the second amendment. exists for a reason.
I noticed that even John McCain did not eject Micheal Moore
from the 2008 Republican convention. Instead he engaged him.
Andy Harris is not just strict, he is dangerous.
I for one am not surprised that you would even find fault with Mr. Fox
I wish he were a bit more tidy.. I would bet the dilly dallies too.
Above all we need a tidy republic safe from unruly reporters.
Get real Keith..
Lainey Harrison says
Keith,
No Mr. Fox is not 100% innocent, only 99% innocent. Andy is 100% wrong.
Its funny the way you made that statement, “There are always three sides to every story,…..” Former Congressman Kratovil lives by the mantra that there are always two sides of the story and the truth lies somewhere in the middle.
We should all be very ashamed that we elected Harris into office. The man stood for nothing except his own way. We all let this happen too – I didnt vote for him, but I am guilty too – I clearly did not talk to enough neighbors, friends and family to make them see the light on this “piece of wasted tax dollars”. My arguments fell on deaf ears, all they heard was the chorus of “Fire Pelosi” and let’s be frank – he failed in that mission too – she is still there everyday. He has done absolutely nothing but embarrass us. He hasn’t even done anything productive as a tea-partying republican. And now we have this final black eye from our Congressman who killed the first amendment, who made officers of the law break that first amendment to obey his royal highness and serve his arrogant ways.
Stephan Sonn says
The thing about it is Lainey is that history is of dictators.
In Germany the government of the time struggling with the illusion of freedom fell victim to mob rage.
And I won’t follow that exact thread any further except to say that there was once a writer, actor, art critic free love advocate and philosopher in the late 19th century who flipped and scripted Marxism into what became Fascism in Italy which made its way to Germany.
His name of this political ion of the time was Gabrielle de Annunzio.
If you go back to 1994 when another health reform was in the air and tax revolt triggering anger the same scripts that were so anti-female
were utilized in that House Buzz blitz . This time around party members of the the Senate sing the tune rather than play it down.
Because I started out as a New England Republican and I appreciate intelligent banter. I counted two ardent Ayn Rand followers as friends here on the Eastern Shore, I was a Rand Groupie in college days.
but no more groupie and no more friends.
One died a few years ago and the other voted for Andy Harris and I am not sure which is worse.
The survivor also voted for Andy Harris in 2010. Just before the election in effect he called me a wimp Democrat because that was the party of women.
We are no longer friends.
I hope that non-Stepford Wives will join me in voting for the party of wimps this year.
Keith Thompson says
@Stephan,
As long as you automatically dimiss any politician as dangerous and closed-minded because you disagree with them, you’re doing the same thing you’re accusing others of doing. I certainly disagree with manh of President Obama’s plans but I still have a great deal of respect for the man and the office he holds. I’m not a fan of Andy Harris and many of his political positions, but I do have respect for him and his office. Keep in mind, a comfortable majority of people in the First Distict voted for Harris so whether or not he’s representing the people in the district is largely based on who voted for him.
@Lainey,
I do think Andy Harris deserves some of the criticism he’s getting over this. However, there has to be some recognition that rules are rules and Mr. Fox violated the rules and therefore got arrested, so he is also responsible. Fox’s point of view is just as biased as Harris’s and what may never be answered here is if this is all an orchestrated effort by Mr. Fox to increase the publicity for his film (if it is, Harris is more guilty of naivety than he is of arrogance). What is not covered in the story is the amount of disruption caused by Mr. Fox; if the treatment Mr. Fox received would be any different from an average citizen who would attempt to film the proceedings without credentials; the reason why Mr. Fox was not given credentials; and who, if anyone else, did receive credentials. That’s the third side of the story that is missing here.
Keith Thompson says
To make my point, let’s play a simple game of “Check Your Biases”…
Let’s go back to 2010 and play out a hypothetical scenario. Brad Miller is still heading the committee and Andrew Breitbart gets arrested for refusing to leave after not being granted credentials to be there and shoot video. If your opinion about the incident changes due to the change in politics and the change in players, then you’re viewing the issue through a partisan political prism.
Stephan Sonn says
I do not require a primer on the many layers of biased behavior.
Trading chairs to take the others position Is centuries older than Scientology
Offering platitudes and expecting epithany does not change human nature
Lies are not arguments just artful dodging.. ll sides are not equal.
And if you keep barking and running around the wrong tree long enough
you are liable to turn to butter.
So see if you can find yourself in Lord of The Flies
to discover that savagery does not abide by reason
Then brainwash yourself to the premise that all arguments are of equal value, again..
Jack Offett says
Obey the rules. Keith Thompson, your last post is 100% right.
Stephan Sonn says
By George, I think he’s got it..
follow the rules.
We need a tidy government.
Andy has the right ideas…
Sure he does.
What if the formalities had been followed
and Andy said no
Which might happen the next time..
VOTE!!!
Joe Lill says
The rules didn’t matter much to Congressman Andy “Der Fuehrer / Ayatollah” Harris when he demanded Health Care for his family prior to the normal grace period when entering Congress. Apparently, the Cobra program Health Care rule that every other citizen has to follow didn’t pertain to him.
Steve Payne says
Showing up and requesting permission to film is done very often. The Chairman can simply allow it. The chairman didn’t allow it. The credentialed requirement applies to Television and Radio coverage . I don’t know if he falls into that category or not .
Stephan Sonn says
Andy Harris is a product of these stressful times in human history.
Time for Wayne Gilchrest to find a way to enter this race.as a write in candidate.
Step up Wayne., Your country needs you.
Brian Hampton says
Additionally, Congressman Harris feels it necessary to delete comments from his facebook page that are critical of both his procedural handling and conclusions published in his press release. When an elected official utilizes facebook as a means to communicate with constituents, and allows comments from the public to appear on the facebook page, comments should not be deleted based on opposing views. And if Congressman Harris willingly deletes comments that are critical of him on a site made accessible to the public, what else may he hide from his constituents. His actions appear contrary to the push for greater government transparency, for which he so loudly advocates.
Joe Lill says
Dark and sinister, his Congressional actions are an oxymoron of true American values, and better suited for the Soviet Union under Stalin, Germany under Der Fuehrer, or Iran under it’s present leadership.
Keith Thompson says
Stephan Sonn writes “Time for Wayne Gilchrest to find a way to enter this race.as a write in candidate. Step up Wayne., Your country needs you.”
I’ve had the chance to talk to Mr. Gilchrest on several occasions and I’m under the impression that he has no interest in ever running again. As for stepping up…I think all the work he’s doing as a private citizen in promoting environmental education in Kent County is a huge step above what most former Congressmen are doing since leaving office.
Lainey Harrison says
Keith,
I would be just as offended had some left-winger had a right-winged member of the press arrested for such a stupid thing as has happened here. The fact that Andy did it, well, for me, that is like handing me a piece of candy.
The rule is stupid too, which is probably why no one has ever “enforced” it like this before.
Public hearings with rules as to who can enter with a camera/recording device. Is that like a rule where the black kids can ride the bus, but only in certain seats?
What disturbance was caused by Mr. Fox’s camera, or by Mr. Fox himself? Or was Andy merely offended by the man’s presence? I thought the rule was to prevent overcrowding in the hearing rooms? Videos show a darn near empty room.
On another note, I agree with you 100% that Mr. Gilchrest wont be coming back.
Joe Lill says
We lose Wayne Gilchrest and gain Darth Vader! What a deal for the Shore!
Lainey Harrison says
This article crossed my screen and made me think of our Dear Commandant, Congressman Harris.
https://reason.com/blog/2012/01/30/federal-jury-says-cops-cant-arrest-peopl
Stephan Sonn says
I remember one of my customers remarking in 2008,
that although she was a Republican she would
never vote for Andy Harris.
What about 2012.?
I think Andy Harris brought out the worst of our neighbors
and I would not be surprised to see him win again.
Wayne or another moderate statesman
could and should win as an independent.
We do not need what Andy Harris stands for.
Keith Thompson says
Lainey, “The rule is stupid too, which is probably why no one has ever “enforced” it like this before”
And I think it’s instructive that Rep Miller who didn’t “enforce” this before when he was committee chairman was allowing in a filmmaker who shares his point of view. Would he have allowed a filmmaker in who didn’t share his point of view? I don’t know. Of course, whether or not the rule is stupid is immaterial, it’s still the rule. There are a lot of laws that I find stupid but I don’t expect to get a pass from getting a fine or a ticket for breaking one just because I believe it’s stupid.
Lainey Harrison says
Keith,
At what point is a rule a law and can you be arrested for breaking rules? I think not.
Stephan Sonn says
Orders isht orders!
What order that aids tyranny is smart?
Keith Thompson says
Lainey, when the folks who are enforcing the rules have uniformed personnel with guns. Technically, Josh Fox was trespassing which is an arrestable offense.
Steve Payne says
The Rules regarding Audio and Video coverage start on page 23 col. 3 of the House Rules.
https://rules.house.gov/Media/file/PDF_112_1/legislativetext/112th%20Rules%20Pamphlet.pdf
It seems clear based on the first few paragraphs that the intent is to allow and maybe even promote coverage.
Keith Thompson says
Steve,
Thanks for the link, but I read the rules differently in that it seems to discourage audio or videotaping committee meetings if it is likely to be used for partisan political purposes. The rules seem to encourage IMPARTIAL educational or informative uses by the media. I would not cite Josh Fox as an impartial observer. Apparently Fox was allowed access when the committee chair was friendly to his view. I would be interested to see if Rep. Miller was also open to filmmakers who may have been funded by the gas industry when he headed the committee. It would be interesting to see if a filmmaker friendly to the gas industry would be allowed access by Rep. Harris. Are both Congressmen applying the rules uniformly in a non-partisan fashion? My gut feeling is they aren’t.
Stephan Sonn says
So what is Keith’s point?
That nothing in dialogue and idea exchange
works at his level of stealth censorship,
I think.
That no thoughts or plans but his full circle mooting
are fit for human activity
I think
Lainey Harrison says
Keith,
I am not seeing your point of view at all on this issue. You seem to be defending Andy’s actions – because he has men with guns does not make a rule a law. That sounds more like tyranny than democracy. Is this the birth of the Andy-spring? If my gun is bigger than Andys can I have my way? I do not see your argument that Mr. Fox was trespassing at a public hearing.
Stephan Sonn says
Lainey I am not planning a lynching.
But it is critical to understand what is actually being said here
and too, what is not being said.
In these uncertain times it is important to know the method and meaning of
measured comments, presented with such reverent reference
to FAIR AND OBJECTIVE when in fact to that writer, those words
are cunning tools To foster quite the opposite result.
Andy Harris is not a good guy. Most of us know it
except an apologist who writes here.
No fancy excuses framed in abstract syntax change that.
Steve Payne says
Keith,
“It would be interesting to see if a filmmaker friendly to the gas industry would be allowed access by Rep. Harris. ”
They kinda had that covered already. One of the actual witnesses is a lobbyist.
“Kathleen Sgamma, Vice President of Government & Public Affairs
Kathleen joined Western Energy Alliance in March 2006. Prior to joining Western Energy Alliance, she spent eleven years in the Information Technology sector, including managing the European consulting practice for a software vendor, and three years as a Military Intelligence Officer in the US Army. She holds a BS in Political Science/Defense and Arms Control Studies from the Massachusetts Institute of Technology and an MS in Information Technology from Virginia Tech.”
Stephan Sonn says
Mootsmanship 101: Talking points
Your guy really messes up.
He expels a reporter from a congressional meeting that includes the public. Should you:
1) Make light of it.
2) Lament the conditions that invite that behavior,
Mainly Washington Culture a tool of the opposition.
3 ) Get fighting mad and tell those Socialist alarmists
where they can go straight to.
4) Stonewall
5) Let loose your allies in various communities to rise up
and up end discussions of the event..
6) Organize a st Vitus day dance.
7) Any or all of the above and it’s’ variations.
RESULTS OF THIS TEST WILL BE HELD IN SECRET BECAUSE WE CAN DO THAT.
Keith Thompson says
Lainey, my point is simply this…Andy Harris is being cast as a bad guy because he practices partisan political politics. Practicing partisan politics is par for the course in Washington and Andy Harris is no different than probably 90% percent of the senators and representatives in Congress. The newsworthiness and slant of this story seems to be based less on the events of the incident than it’s based on the reporter’s as well as the readers’ attitude toward Andy Harris as a representative. I’m amazed at the capacity of people to be offended by the partisan political tactics of a politician they don’t like while cheering on similar tactics by politicians they do support.
In short, while most of the readers here are appalled at Andy Harris for this incident, I’m appalled by the broken down political system that led to this. Most everyone here seems to be interested in attacking the symptoms while I’m more interested in trying to find a cure for the disease. Everyone likes to blame the politicians, but why do we keep voting for them?
Stephan Sonn says
Little by little Steve and Lainey have chipped away at Keith’s stealth protection of Andy Harris and his movement. His defenses do not protect him from that much scrutiny. Bit by bit his agenda shadows through the holes. like black light. creeping in.as seen in reverse negative technology.
My only question regarding the tactics was, is it home grown and natural playing out in the cyber void, or is it legion. I begin to think that the difference still feeds the same result. To disagree with settled American values by taking refuge in a manner that makes them moot.and not relevant . By talk fairness and not practicing it. One size fits all talking points. Kinda doesn’t need header information on origin, to do the trick..
My Grandfather saw the rise of Marxism. My father saw the rise of Hitler and told me about it.. And now this thing in 21st century America that does not have a name. Yes we are Rome but the new Titans have the wrong plan…and maybe this should have been an op-ed piece.
Stephan Sonn says
Keith
Yyour version of reform is actually like Kimo
only you target the good cells first.
but you know that already.
Keith Thompson says
@Stephan,
Mootmanship 201, Recognizing biases
You failed your “Mootmanship 101, Talking Points” course by making the assumption that me defending the actions of a politician automatically makes him “my guy”. I’m not a fan of Andy Harris and I would not have voted for him if I was a resident of the First District. The fact that I would not have voted for Andy Harris doesn’t mean that I think he’s an evil person. In fact, I’ve met him several times in the course of my radio work and other functions and have a cordial relationship with him…I wouldn’t vote for him though.
I have a bias…it’s a fiscally conservative, socially libertarian, small government, self responsibility view of politics. What I try to do is recognize that my view of politics is the not the correct view, but simply my view. I recognize that Andy Harris is biased and that his view of politics is not a wrong view, but his view. The same is true of Gov O’Malley, or Delegate Smigiel, or Mayor Bailey, or Sen. Pipkin, or Delegate Jacobs, or even President Obama. As long as you don’t recognize your own bias, you can never get past your talking points.
In case you haven’t noticed (and obviously you haven’t), what I’m trying to do is pull people off of their talking points by jumping into an issue from a tangent that moves the conversation in a different direction (and sometimes I will do it somewhat outrageously). So instead of an endless stream of “Andy Harris is evil” talking points, someone like my friend Steve Payne can jump in there and discuss the legal or Constitiutional aspects of the issue and provide some interesting and thought provoking points, even if I don’t always agree with him (thank you Steve). That is the essence of dialogue and something that is sorely lacking in the political arena and in the media today.
Stephan Sonn says
Keith,
There is absolutely no cause and effect between what you say you do
and the actual effect of what you do. to the process of dialogue.
Dogs (don’t ) Play Canasta and you can’t be trusted to care for the hen house.
As a Libertarian you are a poor choice to nanny Social Democracy as you claim to.
The facts speak louder than your sainted interpretation of your unsolicited mission.
The label sticks.
DLaMotte says
I really must say that when a Representative’s stance is repealing a woman’s reproductive choices, then ,yes,
he is wrong. And the dirty means that this man took to acquire his job makes him even more wrong. He
Is a person that we should be joking about (and his Party years ago would be amused as well) if he and his
types were not so scary.
Joe Lill says
I guess what would be interesting is if anyone knew how many times something like this has happened in the past. This seems like something from the Dark Ages of Joe McCarthy and not something of the present. Joe McCarthy personified paranoid schizophrenic behavior and his legacy will be remembered as such. Andy Harris is heading down the same dark path.
Stephan Sonn says
Does the scope of what is trying to happen to our culture clear yet.?
If the election process is not tampered with Obama will win and buy time.
The issue is how long the high rollers will finance all this.
These events are a product of planning and preference not just chance.
Paranoia is in the eye of the beholder. are the players bothered by tagged.
I don’y think so
Sometimes a political movement is pure culled madness,
It would not be the first in the history that the pillars of rationality were targeted..
This time it is virtual and bloodless. in the usual sense.
Steve Payne says
I don’t think that Andy Harris is an evil guy at all. I’ve seen him once in person and he seemed to be a likable guy. In the hearings I’ve seen on CSPAN he is a little more aggressive but not nearly as bad as some of the freshman class.
In this new environment Republican Reps have to act this way or they’ll be thrown overboard. I don’t agree with his politics but I almost feel sorry for him.
@Stephan,
“”The issue is how long the high rollers will finance all this.””
This is so true. I watched some of the CPAC meetings and the Tea Party seems ready to go solo. Something must be going on.
Stephan Sonn says
Steve, yes something is going on.
he Kogh Brothers now have two political parties
in the war against Obama. and the middle class.
This is a new kind of Civil War
A media cyber-space assault..
Stephan Sonn says
T party may be a Garden of Weeds but
the seeds didn’t eddy in from the wind.
Their planting and nurturing was carefully culled
and they are paid well at the upper levels
but most of them work
r only the glory of the mission
Also words like evil are casually used…but do ring true.
You don’t need horns pitchfork and a red suit
Just the mission to destroy however disguised.
I have recently tangled with that and how I wish I could find
some Hitler to blame it all on
besides the teflon ones the media give us.
What a terrible thing to contemplate
A cobbled USA and war with Iran looming.
I Identify more with Churchill in these matters.
in war you fight or lose.
it is all in how you do it
and the hands of fate.
Stephan Sonn says
Kos is not my usual sourse but this is a terrible but true analysis.
https://www.dailykos.com/story/2012/02/12/1063989/-Republicans-undiscover-fire?via=blog_1