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For Immediate Release
October, 25 2012, 12:58pm EDT
Contact:
Josh Bell, ACLU, (212) 549-2666; media@aclu.org
Adi Kamdar, EFF, 415-436-9333 x 144; press@eff.org
ACLU & EFF in Appeals Court Friday Fighting Secrecy Ruling in Twitter/WikiLeaks Case
Appeal Aims to Unseal Secret Orders to Other Internet Companies
WASHINGTON
The American Civil Liberties Union and the Electronic Frontier Foundation will be in federal appeals court Friday arguing that government efforts to obtain Internet users' private information without a warrant should be made public. The appeal is part of the legal battle over the records of several Twitter users sought by the government in connection with its investigation into WikiLeaks.
The ACLU and EFF represent Icelandic parliament member Birgitta Jonsdottir. The appeal, filed jointly with other Twitter users Jacob Appelbaum and Rop Gonggrijp, challenges U.S. District Judge Liam O'Grady's November decision refusing to unseal or publicly list all orders that may have been sent to companies other than Twitter and any related motions and court orders.
"Government efforts to get information about people's Internet activities raise serious constitutional issues, and the public has a right to know what the government is doing," said Aden Fine, the ACLU staff attorney who will argue before a three-judge panel of the Fourth Circuit appeals court. "An open court system is a fundamental part of our democracy, and the very existence of court documents should not be hidden from the public. That's not how our judicial system works, and we're hopeful that the court will put an end to this secrecy."
Jonsdottir and the other Twitter users involved in the case did not appeal the judge's decision requiring Twitter to turn over their records.
WHAT:
Oral argument in an appeal seeking to reverse the district court judge's decision refusing to unseal or publicly list all orders and related motions in the case concerning the government's demands for the records of several Twitter users in connection with its investigation into WikiLeaks.
WHO:
Aden Fine, staff attorney with the ACLU's Speech, Privacy and Technology Project, will argue the case before a three-judge panel.
WHEN:
Friday, October 26, 8:30 a.m. (Case is scheduled to go third.)
WHERE:
U.S. Court of Appeals for the Fourth Circuit
Lewis F. Powell, Jr., United States Courthouse
1100 East Main Street, Courtroom 412
Richmond, Virginia
The ACLU's appeal brief is at:
www.aclu.org/files/assets/twitter-wikileaks_appealto4thcircuit_unsealin...
More information and case documents are at:
www.aclu.org/free-speech/twitter-wikileaks-court-order
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
(212) 549-2666LATEST NEWS
Senate Finance Chair Says GOP Push for Medicaid Cuts Spotlights 'Real Trump Agenda'
"The votes are tallied and Trump is headed back to the White House, so his campaign trail populism is over and done with," said Sen. Ron Wyden.
Nov 19, 2024
The Democratic chairman of the Senate Finance Committee said Monday that GOP plans to target Medicaid and federal nutrition assistance to help offset the huge cost of their tax agenda encapsulates the economic agenda of the incoming Republican trifecta led by President-elect Donald Trump, who postured as a working-class champion during the 2024 race.
"You couldn't come up with a better distillation of the real Trump agenda than paying for tax breaks for the rich by gutting Medicaid and increasing child hunger," Sen. Ron Wyden (D-Ore.) said in a statement after a Washington Postreport detailed internal Republican discussions on a possible Medicaid work requirement, cuts to the Supplemental Nutrition Assistance Program (SNAP), and other potential changes to the programs that provide health insurance and food aid to tens of millions of Americans.
"Following through on this plan would cause real hardship and increase the cost of living for millions of working families, but the votes are tallied and Trump is headed back to the White House, so his campaign trail populism is over and done with," said Wyden. "Ultra-wealthy political donors want their massive tax handouts, and as far as Trump and Republicans are concerned, everybody else can go pound sand."
The Trump-led Republican Party has made clear that a new round of tax cuts is at the top of its agenda as it prepares to take control of the House, Senate, and White House in January. In recent weeks, the GOP has discussed using the filibuster-immune reconciliation process to ram tax legislation through Congress before individual provisions of the party's 2017 tax cuts expire at the end of next year.
Trump also campaigned on slashing the corporate tax rate, even as he appealed to working-class voters who aren't reaping the benefits of record corporate profits.
Such tax cuts would likely add trillions to the U.S. deficit, according to the nonpartisan Congressional Budget Office, leading the GOP to seek out offsets in programs they've long demonized.
"Trump wants to strip healthcare from poor people and increase grocery bills."
Sen. John Cornyn (R-Texas) suggested to reporters last week that Republicans could aim to transform Medicaid's funding structure by instituting block grants—a change that analysts say would likely result in devastating cuts.
Edwin Park, research professor at Georgetown University's Center for Children and Families, wrote Monday that under a block-grant structure, states would "either have to dramatically raise taxes and drastically cut other parts of their budget including K-12 education or, as is far more likely, institute deep, damaging cuts to Medicaid eligibility, benefits, and provider and plan payment rates."
"That includes not just dropping the Medicaid expansion, which covers nearly 20 million newly eligible parents and other adults," Park wrote, "but gutting the rest of state Medicaid programs that serve tens of millions of low-income children, parents, people with disabilities, and seniors."
The Post reported that Republicans are also looking to curb SNAP benefits in the face of a nationwide hunger crisis. According to the latest federal data, 75% of households receiving SNAP benefits live at or below the poverty line and nearly 80% include either a child, an elderly person, or a person with a disability.
Sen. Elizabeth Warren (D-Mass.) wrote on social media Monday that members of her party "must unite and fight back" against the GOP's push for draconian cuts to SNAP and Medicaid.
"Trump wants to strip healthcare from poor people and increase grocery bills," Warren wrote. "Here's the new Republican plan to pass tax giveaways for Trump's billionaire backers and giant corporations on the backs of struggling Americans."
Sen. Ed Markey (D-Mass.) added that "making it even more difficult for people to get healthcare or afford food in order to give tax cuts to the same greedy companies that are driving up healthcare and food costs is disgusting."
"We were elected to serve the American people," wrote Markey, "not feed corporate America's bottom line."
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'Using Fox as a Staffing Agency,' Trump Taps Sean Duffy for Transportation
"He seems to not believe that climate change is caused by human activity," one researcher said of the nominee. "(Transportation is the greatest source of greenhouse gas emissions in the U.S.)"
Nov 18, 2024
U.S. President-elect Donald Trump on Monday announced Sean Duffy as his nominee to lead the Department of Transportation—the second Fox News host he has named as a presumptive Cabinet secretary, after picking Pete Hegseth as the future Pentagon chief.
Like the ex-president, Duffy is a former reality television star who shifted into politics. He was initially known for MTV's "The Real World: Boston" and "Road Rules: All Stars," then spent eight years as district attorney of Ashland County, Wisconsin.
Duffy was then elected to represent Wisconsin as a Republican congressman. After resigning from the U.S. House of Representatives in 2019, Duffy joined Fox the following year. His wife, Rachel Campos-Duffy, is also part of the network.
Trump said in a lengthy statement that "during his time in Congress, Sean was a respected voice and communicator in the Republican Conference, advocating for Fiscal Responsibility, Economic Growth, and Rural Development. Admired across the aisle, Sean worked with Democrats to clear extensive Legislative hurdles to build the largest road and bridge project in Minnesota History."
"As a member of the House Financial Services Committee, Sean played a key role in shaping and strengthening Economic policies, and ensuring Transparency and Accountability in Government programs," he continued. "Sean's leadership extended to championing the needs of families, farmers, and small businesses, especially in rural communities."
"He will prioritize Excellence, Competence, Competitiveness, and Beauty when rebuilding America's highways, tunnels, bridges, and airports," Trump added. "He will ensure our ports and dams serve our Economy without compromising our National Security, and he will make our skies safe again by eliminating DEI for pilots and air traffic controllers."
DEI—or diversity, equity, and inclusion—is a term used to describe policies that promote including people of various backgrounds. In recent years, Republicans at all levels of politics have taken aim at such policies, often used by employers and universities.
"Trump is using Fox as a staffing agency. Duffy is the sixth announced administration pick that works or worked at the network," Media Matters for America senior fellow Matthew Gertz said Monday. "Duffy's transportation experience—outside of 'Road Rules'—includes blaming Boeing's ills on DEI."
In a series of social media posts, Yonah Freemark, senior research associate at the Urban Institute's Metropolitan Housing and Communities Policy Center, said that "I am having a hard time finding experience in transportation for Sean Duffy."
Freemark highlighted that based on Duffy's voting record in Congress, he has a 2% lifetime score from the League of Conservation Voters—even lower than the group's 14% score for Lee Zeldin, the former Republican congressman from New York whom Trump has chosen to lead the Environmental Protection Agency.
"He seems to not believe that climate change is caused by human activity," Freemark said of Duffy. "(Transportation is the greatest source of greenhouse gas emissions in the U.S.)"
To actually become transportation secretary, Duffy must be confirmed by the Senate, which is set to be controlled by Republicans—unless Trump goes through with his threats to force through Cabinet members via recess appointments.
As The Associated Pressreported Monday:
The Transportation Department oversees the nation's complex transportation system, including pipelines, railroads, cars, trucks, and transit systems as well as federal funding for highways.
The department includes the National Highway Traffic Safety Administration, which regulates automakers, including Elon Musk's Tesla. The department sets fuel economy standards for cars and trucks and regulates the airline industry through the Federal Aviation Administration, one of its agencies.
Musk, the richest person on the planet, put significant resources toward electing Trump and has often been seen with him since Election Day. The president-elect announced last week that Musk will co-lead the not-yet-created Department of Government Efficiency with fellow billionaire and campaign supporter Vivek Ramaswamy.
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Trump Slammed Over Plans for National Emergency and Mass Deportations
"Mass deportations aren't just inhumane," one congresswoman said. "Trump has a recipe for economic disaster. Farmers, workers, and consumers... all pay the price."
Nov 18, 2024
Migrant rights advocates on Monday sharply criticized U.S. President-elect Donald Trump after he confirmed plans to declare a national emergency and use the military to pursue his long-promised mass deportations, despite legal and logistical barriers.
Shortly after Trump's electoral victory earlier this month, Tom Fitton, president of the right-wing group Judicial Watch, welcomed reports that the incoming administration is "prepared to declare a national emergency and will use military assets to reverse the Biden invasion through a mass deportation program."
Fitton's post was on Trump's platform, Truth Social. The president-elect responded early Monday, simply saying, "TRUE!!!"
While Trump didn't provide additional details on Monday, fearmongering about immigrants has been a priority for the president-elect since he entered politics during the 2016 cycle and recent reporting has previewed what could come when he returns to the White House after campaigning on a pledge to "launch the largest deportation program in American history."
In the latest elections, Republicans retained control of the U.S. House of Representatives and reclaimed a Senate majority, but Democrat Yassamin Ansari had a decisive win in Arizona's 3rd Congressional District. She said Monday that "Trump's plan to use the military to aid mass deportation is abhorrent and hateful, and will directly impact many of my constituents in AZ-03. Using the world's strongest military to target the most vulnerable community is not leadership, it's abuse of power."
Vanessa Cárdenas, senior director of communication for America's Voice, similarly said in a statement that "Trump continues promoting anti-immigration hate and is using it as an excuse to appropriate the military for domestic law enforcement and circumvent normal checks and balances on presidential power."
Cárdenas continued:
Trump and allies are attempting to justify their potential use of the military to conduct indiscriminate mass raids and roundups by wrapping it in the language of 'invasion' and the false notion that America is under assault, and it must be repelled by force. Yet just because Trump and allies have spent recent years normalizing this idea and making this assertion doesn't make it any less radical. Let's be clear, this is the adoption of a white nationalist conspiracy theory, already linked to multiple deadly acts of gun violence against civilians, which is driving federal policy and Republican agendas.
Despite the martial language and emphasis on the border and recent arrivals, make no mistake that the Trump team is planning to target long-settled immigrants and mixed-status families as part of their mass deportations. Having legal status and even citizenship is not necessarily a shield of protection. Their pledges to end immigration enforcement priorities, while making as many people as possible deportable, is a disturbing tell that their definition of 'criminal' will look fundamentally different from most Americans' conceptions. Perhaps most disturbingly, the resulting fear and cruelty that will be on display is likely a feature and not a bug to those in charge.
Pointing to Trump's previous term, Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, said Monday that "my lesson from the first time around is that we absolutely cannot take things that the Trumpworld people say as gospel, given their total lack of specifics and total willingness to make grandiose pronouncements that are aimed at triggering the libs and making headlines."
"The National Emergencies Act is a specific law which unlocks specific authorities to do specific things—a president doesn't declare a national emergency and then become king. And 'use the military for deportations' isn't one of those specific things," he highlighted, citing the Brennan Center for Justice guide on emergency powers.
Reichlin-Melnick acknowledged that "last time, Trump invoked a specific emergency authority to unlock military construction funding—and direct more troops to do logistical support at the border" with Mexico.
The New York Timesreported Monday that during the Republican primary campaign, "Mr. Trump's top immigration policy adviser, Stephen Miller, said that military funds would be used to build 'vast holding facilities that would function as staging centers' for immigrants as their cases progressed and they waited to be flown to other countries."
Miller—architect of the forced family separation program from Trump's first term—is set to serve as deputy chief of staff for policy in the next administration. The president-elect has also named other immigration hard-liners for key posts: Tom Homan, former acting director of Immigration and Customs Enforcement (ICE), as "border czar" and GOP South Dakota Gov. Kristi Noem for homeland security secretary.
"Mr. Miller has also talked about invoking a public health emergency power to curtail hearing asylum claims," according to the Times. Trump's team also plans to "expand a form of due-process-free expulsions known as expedited removal" and "stop issuing citizenship-affirming documents, like passports and Social Security cards, to infants born on domestic soil to undocumented migrant parents."
Additionally, the newspaper noted, Trump intends to bolster the ICE ranks "with law enforcement officials who would be temporarily reassigned from other agencies, and with state National Guardsmen and federal troops activated to enforce the law on domestic soil under the Insurrection Act."
Joseph Nunn, a counsel in the Brennan Center's Liberty and National Security Program, explained in 2022 that "although it is often referred to as the 'Insurrection Act of 1807,' the law is actually an amalgamation of different statutes enacted by Congress between 1792 and 1871" to enable "the president to deploy military forces inside the United States to suppress rebellion or domestic violence or to enforce the law in certain situations."
Congresswoman Ilhan Omar (D-Minn.) on Monday expressed concern about Trump's potential use of another law enacted in 1978.
"Donald Trump plans to declare a national emergency and utilize the Alien Enemies Act to conduct mass deportations," Omar, a war refugee, said on social media. "This xenophobia and cruelty shouldn't be allowed in America. We are going to fight it every step of the way."
As Nunn's Brennan Center colleague Katherine Yon Ebright detailed last month, the law "allows the president to detain or deport the natives and citizens of an enemy nation," and although "enacted to prevent foreign espionage and sabotage in wartime, it can be—and has been—wielded against immigrants who have done nothing wrong, have evinced no signs of disloyalty, and are lawfully present in the United States."
While Trump and his allies have prepared to use any powers they can to deport the estimated 11 million undocumented immigrants in the United States, rights advocates and reporters have warned of the consequences of their plans for not only those people, but also 20 million mixed-status families and citizens who would suffer from the economic consequences.
As Mother Jones' Isabela Dias recently laid out, mass deportations would have major negative impacts on care, food, and infrastructure while enriching charter flight operators, consulting firms, private prison companies, and surveillance contractors.
Congresswoman Jasmine Crockett (D-Texas) issued a warning after Trump's Monday post, declaring that "this will hurt all of us."
Spotlighting a Monday report in the Milwaukee Journal Sentinel, Rep. Gwen Moore (D-Wis.) similarly stressed that "mass deportations aren't just inhumane—they'd devastate America's agricultural industry. Combined with his tariffs, Trump has a recipe for economic disaster. Farmers, workers, and consumers... all pay the price."
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