FlyDubai Pilot Investigation, SCOTUS Climate Change Case, Brazil Runoff Election

The investigators say the flight to buy pilot who attacked his captain last week intended to crash the plane into Israel's main airport. Israeli agencies are deflecting blame about why he was allowed to fly that route in the first place. I mean Martinez, that is Michelle Martin, and this is up first from NPR News. The Supreme Court begins its new term today with a case about climate change. The local government sue energy companies for their role, but under Colorado wants two oil companies to help cover the cost of damages. And the center of Brazil's far right former president is now the front runner in the country's presidential election. Flavio Bolsonaro is headed to a runoff against the incumbent president, Lula de Silva. Watch driving voters in Brazil back to the right. Say with us we'll give you news you need to start your day. An investigation into the mid-air attack aboard a commercial flight from Dubai to Tel Aviv last week has found that the co-pilot who tried to take control of the plane intended to crash it into Israel's Ben-Gurian airport. That's according to a person familiar with the matter, but not authorized to speak publicly investigation into the incident is still ongoing. For more, we're joined by NPR's cat Lonstorff and Tel Aviv High Cat, hey good morning. So there are several countries conducting investigations into this attack, so what do we know? Well, over the weekend, officials in the United Arab Emirates, which is leading the investigation, announced that they had deemed the incident a terrorist attack. That assessment agreed with what Israeli officials had been saying earlier. We still don't have a clear motive for the attack. This morning, a source familiar with the investigation told NPR that the co-pilot who attacked the captain intended to fly the plane to Ben-Gurian airport, which was its destination, but then crash it into the airport. This all happened in the morning here when Ben-Gurian would have been full of people. That source also said that it's likely the co-pilot acted alone, and just to be clear, this investigation is still very much ongoing. Do we have any more detail about what actually happened on the plane? Yeah, we're starting to get a clearer picture. Investigators said that the co-pilot of the fly Dubai plane carried out the attack with what's called a crash act. That's a lightweight emergency tool stored in the cockpit. It's used to break through panels or jam doors in the event of a crash. The pilot was then able to open the cockpit door during the attack, and then passengers rushed in and subdued the attacker, while another pilot who happened to be on board the plane helped land it. Both the pilot and the co-pilot are alive, and they're in the UAE now being questioned. Do we know any more about the attacker, the co-pilot? Yeah, the co-pilot is from Oman, according to Israeli officials, and that's raising questions here in Israel about how he was allowed to fly a plane heading to Israel, which doesn't allow pilots from countries it doesn't have diplomatic relations with to fly into its airspace. Israeli Prime Minister Benjamin Netanyahu said that this pilot must have gotten through a "loophole." What has been the reaction from Israelis as this has all been playing out? Yeah, generally Israelis are praising the passengers and the captain of the plane who's from India as heroes who have a major disaster. But there's also this larger debate playing out about who dropped the ball to allow for something like this to happen. The Ministry of Transportation has been pointing blame at the security services and vice-versa. Netanyahu's opponents have been saying that this is a huge failure on his part, calling for a larger investigation. After a lot of public pressure, Netanyahu announced last night that there will be some kind of formal examination, but there haven't been much more details on that. And as you've been telling us, this is all happening, as national elections in Israel are just weeks away, elections that will determine whether or not Netanyahu remains Prime Minister. Is there any sense that this incident will affect voters? Well, Netanyahu is certainly making the media around about this attack, spending time with the passengers who stormed the cockpit and putting out press releases going on foreign media. The polls here show that this is a very tight election coming up, and also that Israelis are largely already decided on how they're going to vote. So something like this might just entrench voters further, but it could be enough to motivate people who weren't planning to vote to go vote, and that could have an impact. That is NPRs Cat Lawnstorfe in Tel Aviv. Cat, thank you. Thank you. A new Supreme Court term begins today with a major case about climate change. Boulder, Colorado, is suing two big energy companies over the cost of responding to natural disasters. Disasters made worse by global warming. The energy giants say this isn't something state jury should handle. NPRs Kerry Johnson will be in the courtroom for the arguments today, but first she's here with us now to talk more about the case. Good morning. Good morning. So what is Boulder planning to argue and tell us why it matters? Boulder says Suncor and Exxon mobile new decades ago that fossil fuels contributed to climate change and raised the risks of floods, wildfires, and excessive heat. Boulder says it's already had to pay a lot of money to harden infrastructure, and it says these energy companies should help cover some of those costs. Murray Riday White is legal director at the Center for Climate Integrity, which supports this lawsuit. He describes the stakes this way, whether or not communities have the ability to hold corporations accountable when they knowingly deceive consumers about the harms they know their products will cause. Now, there are about a couple dozen cases where states and local governments are seeking to hold companies to account over climate change. So what the Supreme Court does here could have a sweeping effect. And how are the energy companies responding? These companies say this case does not belong in state court. They say climate change is a global issue, and the structure of the Constitution means the federal government should handle it. Todd Zawiki is a law professor at the Scalia Law School at George Mason University. He supports Suncor and Exxon. This is about whether a bunch of hippies, rich hippies in Boulder County are allowed to dictate environment and energy policy to the entire rest of the world. Legal experts told me this case could extend even beyond climate to disputes about whether states can sue over the harms of AI and other issues that cross state boundaries. Care is there any hint of how the Supreme Court might receive this case or might come out on this case? This is a tough one, and we now know only eight justices are going to hear this case. That's because Justice Samolito recused himself last week in a bit of a surprise. Alito doesn't own stock in Suncor or Exxon, but he does have some investments in other energy companies that could be affected depending on how the court rules. That means there's the possibility of a four to four tie if that happens. The ruling of the Colorado Supreme Court would stand and that allowed this case to proceed in state court there. Okay, Care. Before we let you go, the last couple of years have just seen some really significant cases at the high court. How is this term shaping up? We do have some big cases already, including a challenge to state bans on the very popular AR-15 assault style rifles. Those weapons are owned by millions of people in America, but they've also been used in a lot of mass shootings. There's going to be a clash over religion in schools, specifically a universal pre-K program in Colorado. Catholic schools want an exemption from an anti-discrimination policy that applies to LGBTQ people because they say it conflicts with Catholic teaching, and there are a number of immigration cases brewing. From the president's attempt to deport migrants to countries where they have no ties at all, to a new case involving mandatory detention with no bond hearing, the Trump administration has tried to detain tens of thousands of immigrants, often people with no criminal record. Most lower courts have rejected that approach, but the court is still adding new cases to the docket, so more is going to be coming and I'll be watching. Brazil's presidential election will go to a runoff later this month after the right made significant gains in Sunday's national vote. Flavio Bolsonaro, the son of Brazil's former far-right president, had a strong night. He outperformed the country's veteran leftist incumbent, Luis Enacio Lula de Silva. He's the 45-year-old eldest son of Gallero Bolsonaro who was barred from running after being convicted of plotting a coup to overturn the 2022 election. The current president, Luis Enacio Lula de Silva, received 45 percent. Poles had actually shown Lula with a small advantage going into yesterday's national elections, but Bolsonaro really outperformed and surprised many. 29-year-old Alan Bilmanchi was fishing off the seawall, facing the famous Christ the Redeemer statue in the distance. He hadn't caught anything, but he was telling me he was so happy, Bolsonaro won. It's been three times since he's been robbed. He said he's been robbed three times in the last few years and lost his car. He lost everything. He said he's sick of it and says Flavio Bolsonaro will do more to crack down on criminals than Lula. Augusto Felix, the Silva, was sitting a bit further down the seawall, drinking a beer with his family. And he told me he's so tired of President Lula and is thrilled that Brazilians voted for change and to get the economy growing again. He said Lula doesn't want the country to grow. He just wants more poor people because with more poor people, he will get more votes. - Okay, and what do these results mean for Lula? - Lula will have to find a way to close the gap in this runoff. He's not going to really be able to win over the 8% of voters who went for the other candidates. They were far right and right, and their voters will fall in line with Bolsonaro, not with Lula. Lula will have to get new votes from those who sat out yesterday's election, and that's going to be very hard. Many Brazilians are just disillusioned with politics and we're hoping for new younger candidates to vote for. - Supporters of Lula gathered at a downtown plaza here in Rio last night, and the mood was somber, 29-year-old Jasmine Suarez is a local DJ. - She says it's scary, really scary. As she said about Bolsonaro and the right strong performance, she said the right just brings with it a lot of hatred. And I heard that from many Lula voters that they fear a Bolsonaro conservative back in power. - Yeah, there's already been a number of right-wing victories in Latin America, President Trump has taken credit for that shift. Is that what is happening in Brazil? - Brazil would be a huge win for the right for sure. Lula tried to repeatedly use Trump's increasing interventions in Latin America as a campaign issue, but voters were more interested in domestic issues like crime and the faltering economy. Trump may have been part of the backdrop, but for voters here, the issues at home were more immediate. - That is, Kerry Connery. Kerry, thank you. - You're welcome. - This week's up for a Sunday story examines the case of a deadly reporting trip in Ukraine. In a war zone, journalists have to balance risk and reward for one Fox News reporter that calculation ended in his colleagues' deaths. - The one person would have been injured if Benjamin just listened to the advisory. - Who's responsible for setting limits on reporting in a war zone when lives are on the line? - Listen now to the Sunday story from the Up First podcast on the NPR app. - And that's Up First for Monday, October 5th. I'm Michelle Martin. - Hello, my name is Martinez. Today's episode of Up First was edited by Tina Kraya and a Yukononov, Tara Neal, Mohamed Elvard DC and Taylor Haney was produced by Ziyab Bach and Nia Dumas. Our director is Christopher Thomas. We get engineering support from Nisha Hainas and Patrick Murray. Our technical director is Carly Strange. Join us again tomorrow. (upbeat music)