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U.S. Releases Drone Strike 'Playbook' in Response to ACLU Lawsuit
Court Ordered Release of Documents in ACLU FOIA Case
NEW YORK
In response to a court order in a lawsuit filed by the American Civil Liberties Union, the Obama administration has released a redacted version of the White House document that sets out the government's policy framework for drone strikes "outside the United States and areas of actual hostilities."
The Presidential Policy Guidance, once known as "the Playbook," was issued by President Obama in May 2013 following promises of more transparency and stricter controls for the drone program. But while the administration released a short "fact sheet" describing the document, it did not release the PPG itself, or any part of it.
In February, U.S. District Judge Colleen McMahon, who is presiding over a Freedom of Information Act lawsuit filed last year by the ACLU, expressed skepticism that the document could be withheld in its entirety and ordered the government to submit the PPG for the court's review. Rather than continue to defend its withholding of the entire document, the government told the court that it would prepare a redacted version of the PPG for public release. Justice Department lawyers turned the PPG and several other documents over to the ACLU on Friday evening.
"We welcome the release of these documents, and particularly the release of the Presidential Policy Guidance that has supplied the policy framework for the drone campaign since May 2013," said ACLU Deputy Legal Director Jameel Jaffer. "The PPG provides crucial information about policies that have resulted in the deaths of thousands of people, including hundreds of non-combatants, and about the bureaucracy that the Obama administration has constructed to oversee and implement those policies. The PPG should have been released three years ago, but its release now will inform an ongoing debate about the lawfulness and wisdom of the government's counterterrorism policies. The release of the PPG and related documents is also a timely reminder of the breadth of the powers that will soon be in the hands of another president."
The document released today provides many new details about the policy standards that govern drone strikes. It also provides a window into the administration's "nominations" process for targeting individuals with lethal force or for capture, and it describes the government's procedures for conducting "after action reports" to assess the consequences of its lethal and capture operations. But questions remain about where the PPG applies, whether the president has waived its requirements in particular instances, and how the PPG's relatively stringent standards can be reconciled with the accounts of eye witnesses, journalists, and human rights researches who have documented large numbers of bystander casualties.
Together with the PPG, the government also released four Defense Department documents, two of which it had previously released to the ACLU with more redactions:
- A March 2014 document titled "Report on Process for Determining Targets of Lethal or Capture Operations," which discusses the legal and policy standards in the PPG.
- A July 2014 document titled "Report on Associated Forces," which separately lists groups the government considers to be "associated" or "affiliated" with al-Qaida. (The difference between the two categories of groups is important because the government has relied on the 2011 Authorization for Use of Military Force to justify attacks against "associated" forces.)
- A December 2013 document titled "Department of Defense Implementation of the Presidential Policy Guidance," which is a heavily redacted memorandum shared with Congress.
- A March 2014 document titled "Report on Congressional Notification of Sensitive Military Operations and Counterterrorism Operational Briefings," which summarizes the PPG's congressional reporting requirements.
The documents released today come in one of three ACLU FOIA lawsuits seeking records on targeted killing. In the other cases, two appellate courts have held that some of the secrecy surrounding the drone campaign is unlawful. In 2014, the Second Circuit Court of Appeals in New York ordered the release of a July 2010 memo from the Justice Department's Office of Legal Counsel authorizing the killing of a U.S. citizen, Anwar al-Aulaqi. That case is again before the Second Circuit. In 2013, the D.C. Circuit Court of Appeals found that the CIA could not lawfully refuse to confirm or deny that it had an "intelligence interest" in the drone program. That case was dismissed in April 2016.
The Presidential Policy Guidance is at: https://www.aclu.org/other/presidential-policy-guidance
DOD Implementation of Presidential Policy Guidance is at: https://www.aclu.org/dod-implementation-presidential-policy-guidance
DOD Report on Associated Forces is at: https://www.aclu.org/report-associated-forces-2014
DOD Report on Process of Determining Targets of Lethal or Capture Operations is at: https://www.aclu.org/dod-report-process-determining-targets-lethal-or-capture-operations
DOD Report on Congressional Notification of Sensitive Military Operations is at: https://www.aclu.org/dod-report-congressional-notification-sensitive-military-operations
More information and all case documents are at: https://www.aclu.org/cases/aclu-v-doj-foia-case-records-relating-targeted-killing-law-policy-and-casualties
This press release is at: https://www.aclu.org/news/us-releases-drone-strike-playbook-response-aclu-lawsuit
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.
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G20 Leaders Reach 'Landmark Commitment' for Global Tax on Ultrarich
"Now is the time to turn words into action and launch an inclusive international negotiation, extending beyond G20 countries, on the reform of the taxation of the superrich," said economist Gabriel Zucman.
Nov 19, 2024
Acknowledging that "the era of the billionaire" is still in full swing across the globe, economic justice advocates on Tuesday applauded a "landmark commitment" by G20 leaders at the group's annual summit in Rio de Janeiro, where delegates agreed to cooperate on efforts to ensure the richest households in the world are taxed fairly.
The final communiqué out of the G20 Summit includes a commitment from 19 countries, the European Union, and the African Union, to "engage cooperatively to ensure that ultra-high-net-worth individuals are effectively taxed."
"Cooperation could involve exchanging best practices, encouraging debates around tax principles, and devising anti-avoidance mechanisms, including addressing potentially harmful tax practices," reads the communiqué. "We look forward to continuing to discuss these issues in the G20 and other relevant forums, counting on the technical inputs of relevant international organizations, academia, and experts."
The final text was brokered by Brazilian President Luiz Inácio Lula da Silva, commonly known as Lula, and the E.U. Tax Observatory noted that Argentina's right-wing president, Javier Milei, "failed to convince other G20 countries to block the communiqué."
The meeting took place less than a year after economist Gabriel Zucman, director of the E.U. Tax Observatory, published a report titledA Blueprint for a Coordinated Minimum Effective Taxation Standard for Ultra-High-Net-Worth Individuals, which informed G20 finance discussions leading up to the summit.
"A minimum tax on billionaires equal to 2% of their wealth would raise $200-$250 billion per year globally from about 3,000 taxpayers; extending the tax to centimillionaires would add $100-$140 billion," said Zucman, a leading expert on tax avoidance and reducing inequality, in the report.
Billionaires' effective tax rate is currently equivalent to 0.3% of their wealth, requiring them to pay a far lower rate than middle-class taxpayers.
Zucman hailed the agreement out of the summit in Rio de Janeiro as a "historic decision" and said concrete action by the world's governments must follow.
"Now is the time to turn words into action and launch an inclusive international negotiation, extending beyond G20 countries, on the reform of the taxation of the superrich," said Zucman.
Along with Milei, the Biden administration pushed back this year as the G20 weighed Zucman's tax proposal. Treasury Secretary Janet Yellen toldThe Wall Street Journal in May that the "notion of some common global arrangement for taxing billionaires with proceeds redistributed in some way—we're not supportive of a process to try to achieve that. That's something we can't sign on to."
As Common Dreamsreported Tuesday, the U.S. is one of eight countries that are contributing to an international loss of $492 billion in taxes each year as multinational corporations and ultrawealthy individuals underpay. The eight countries—which also include Australia, Canada, Israel, Japan, New Zealand, South Korea, and the U.K.—oppose a United Nations tax convention.
Jenny Ricks, general secretary of the Fight Inequality Alliance, said that particularly with U.S. President-elect Donald Trump set to take office in January, "we live in the era of the billionaire."
"We need to move to the era of the 99%," said Ricks. "This shift won't come easily. The U.S. elections have shown how the superrich can use their wealth and power to influence policies and shape the outcomes of elections. Leaders like Trump in the U.S. and Javier Milei in Argentina are actively working to derail international cooperation, while politicians around the world fail to oppose the vested interests that continue to benefit from such unequal societies."
"We will fight harder than ever before to transform the rhetoric on taxing the rich into a global reality," she added. "We need more equal societies in which the richest no longer hold all the power and wealth, with devastating consequences. We need to redistribute the wealth of the superrich to fund vital public services and the response to climate change. Such a transformation is essential to creating the alternative we seek to today's broken system."
Viviana Santiago, executive director of Oxfam Brazil, applauded Lula's government and the G20 leaders for responding "to people's demands worldwide to tackle extreme inequality, hunger, and climate breakdown, and particularly for rallying action on taxing the superrich."
"G20 governments deserve praise for their groundbreaking commitment to cooperate on taxing the world's superrich. But we won't rest until this delivers real change for people and planet," said Santiago, adding that governments now ostensibly supporting a tax on billionaires' wealth should also "be championing a $5 trillion climate finance goal at COP29," the U.N. summit set to wrap up in Baku, Azerbaijan this week.
"How can they argue that climate justice is unaffordable with a deal to raise trillions of dollars by taxing the superrich on the table?" she asked.
Quentin Parrinello, policy director at the E.U. Tax Observatory, asserted that negotiations on the tax proposal "must now extend to a much more inclusive space than the G20."
"Such reforms don't happen overnight, but time is pressing," said Parrinello. "This agenda is even more important today, with the risk of geopolitical fragmentation and looming wealth concentration fueling inequality and undermining democracy."
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Tax Dodging by Super-Rich, Big Corporations Costs Nations Half a Trillion Per Year: Study
"The U.K. and the U.S. are both among the biggest enablers and the biggest losers of this lose-lose tax system," said the chief executive of the Tax Justice Network.
Nov 19, 2024
A study published Tuesday estimates that tax dodging enabled by the United States, the United Kingdom, and other wealthy nations is costing countries around the world nearly half a trillion dollars in revenue each year, underscoring the urgent need for global reforms to prevent rich individuals and large corporations from shirking their obligations.
The new study, conducted by the Tax Justice Network (TJN), finds that "the combined costs of cross-border tax abuse by multinational companies and by individuals with undeclared assets offshore stands at an estimated $492 billion." Of that total in lost revenue, corporate tax dodging is responsible for more than $347 billion, according to TJN's calculations.
"For people everywhere, the losses translate into foregone public services, and weakened states at greater risk of falling prey to political extremism," the study reads. "And in the same way, there is scope for all to benefit from moving tax rule-setting out of the OECD and into a globally inclusive and fully transparent process at the United Nations."
The analysis estimates that just eight countries—the U.S., Canada, the U.K., Japan, Israel, South Korea, Australia, and New Zealand—are enabling large-scale tax avoidance by opposing popular global reform efforts. Late last year, those same eight countries were the lonely opponents of the United Nations General Assembly's vote to set in motion the process of establishing a U.N. tax convention.
According to the new TJN study, those eight countries are responsible for roughly half of the $492 billion lost per year globally to tax avoidance by the rich and large multinational corporations, despite being home to just 8% of the world's population.
"The hurtful eight voted for a world where we all keep losing half a trillion a year to tax-cheating multinational corporations and the super-rich," Alex Cobham, chief executive of the Tax Justice Network, said in a statement Tuesday. "The U.K. and the U.S. are both among the biggest enablers and the biggest losers of this lose-lose tax system, and their people consistently demand an end to tax abuse, so it's absurd that the U.S. and U.K. are seeking to preserve it."
"It's perhaps harder to understand why the other handful of blockers, like Australia, Canada, and Japan, who don't play anything like such a damaging role, would be willing to go along with this," Cobham added.
TJN released its study as G20 nations—a group that includes most of the "hurtful eight"—issued a communiqué pledging to "engage cooperatively to ensure that ultra-high-net-worth individuals are effectively taxed." Brazil, which hosted the G20 summit, led the push for language calling for taxation of the global super-rich.
The document drew praise from advocacy groups including the Fight Inequality Alliance, which stressed the need to "transform the rhetoric on taxing the rich into global reality."
The communiqué was released amid concerns that the election of far-right billionaire Donald Trump in the U.S. could derail progress toward a global solution to pervasive and costly tax avoidance.
The new TJN study cites Trump's pledge to cut the statutory U.S. corporate tax rate from 21% to 15% and warns such a move would accelerate the global "race to the bottom" on corporate taxation.
"People in countries around the world are calling in large majorities on their governments to tax multinational corporations properly," Liz Nelson, TJN's director of advocacy and research, said Tuesday. "But governments continue to exercise a policy of appeasement on corporate tax."
"We now have data from these governments showing that when they asked multinational corporations to pay less tax, the corporations cheated even more," Nelson added. "It's time governments found the spines their people deserve from their leaders."
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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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