October, 28 2010, 03:34pm EDT
Rights Groups File Emergency Injunction to Obtain Documents on "Dangerous" ICE Program
Attorneys, Advocates Call “Secure Communities” Dangerous, Demand Information to End Opt-Out Confusion
NEW YORK
Today, the National Day Laborer Organization Network (NDLON), the Center for Constitutional Rights (CCR) and the Kathryn O. Greenberg Immigration Justice Clinic of Cardozo Law filed an injunction in federal court to require the Immigration and Customs Enforcement (ICE) agency to turn over critical documents on the ability for communities to opt-out of the "Secure Communities" (S-Comm) program that enlists local police to become what ICE describes as a "force multiplier" for immigration enforcement.
"Communities across the country are unanimously deciding that keeping residents safe means refusing to participate in the ICE dragnet 'Secure Communities'," said NDLON Executive Director Pablo Alvarado. "Since the inception of the program, it has been marked by outright dishonesty from ICE. Now is the time for transparency. We are asking the courts to take action to prevent the agency's misinformation from continuing to trample the democratic process."
So far, at least, San Francisco and Santa Clara, California, and Arlington, Virginia, have formally requested to opt-out of S-Comm. The emergency injunction is being filed before those municipalities who have voted to opt-out are scheduled to meet with ICE in early November. The lack of information and mixed messages from the agency, however, is causing confusion, leaving local law enforcement frustrated about an issue that groups say is undermining community safety. The injunction specifically seeks to prevent ICE from withholding documents on the "opt-out" policy to allow local communities to have the information necessary to make determination regarding the S-Comm program. The documents requested should have already been turned over Freedom of Information Act (FOIA) law suit filed last April, which ICE has only partially complied with.
"In spite of the widespread confusion about the opt-out process, ICE is moving full speed ahead, deploying S-Comm in cities and counties across the nation, said Bridget Kessler, Clinical Teaching Fellow at the Kathryn O. Greenberg Immigration Justice Clinic of Cardozo Law. "If information about opt-out is released years down the road, it will not do any good for local communities who need to understand the program and make decisions about it now."
"The government is signing agreements with States without local jurisdictions' permission. Obtaining records related to the opting out process is essential to maintain an open government process and safeguard local governments' ability to make decisions that impact their constituents. Especially for places like San Francisco, Santa Clara and Arlington, the public can no longer wait for the records," said CCR staff attorney Sunita Patel.
Secretary of the Department of Homeland Security (DHS) Janet Napolitano has backed off of earlier claims that local communities are able to opt out of the program. Following the FOIA law suit, ICE issued a seven-page document defending the highly criticized program but describing for the first time an opt-out process for local jurisdictions to be removed from the S-Comm deployment plan. Shortly thereafter, Napolitano confirmed the opt-out option. After the Washington Post broke a story in which a high-level ICE source claimed no such option existed, however, Napolitano said her department "doesn't consider Secure Communities an opt in/opt out program."
According to advocates who have reviewed the initial S-Comm documents from the FOIA case, they reveal a pattern of dishonesty. Information about the nascent program has been scarce, and the development of operational details has been shrouded in secrecy. S-Comm, which currently operates in approximately 600 jurisdictions across the country, functions like the controversial 287(g) program and Arizona's SB1070, making state and local police central to the enforcement of federal immigration law. The program automatically runs fingerprints through immigration databases for all people arrested and targets them for detention and deportation even if their criminal charges are minor, eventually dismissed, or the result of an unlawful arrest.
Visit www.CCRjustice.org/secure-communities for the filing and www.UncoverTheTruth.org for more information on Secure Communities.
The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. CCR is committed to the creative use of law as a positive force for social change.
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X Suspends Journalist Ken Klippenstein Over Publication of JD Vance Dossier
"The 'free speech absolutist' has once again silenced a journalist he didn't like," said one observer.
Sep 26, 2024
X—the social media platform formerly known as Twitter—suspended Ken Klippenstein's account Thursday after the investigative journalist posted an article containing a link to a dossier on Republican U.S. vice presidential candidate JD Vance that allegedly came from an Iranian hack of former President Donald Trump's 2024 campaign.
Klippenstein, who formerly worked at The Intercept, said on his paid Substack Thursday that his X account was suspended for violating the platform's ban on posting private information.
"I know that it is general practice to delete 'private' information from leaks and classified documents, but in this case, not only is Vance an elected official and vice presidential candidate, but the information is readily available for anyone to buy," he wrote. Vance is also the junior U.S. senator from Ohio.
Klippenstein continued:
We should be honest about so-called private information contained in the dossier and "private" information in general. It is readily available to anyone who can buy it. The campaign purchased this information from commercial information brokers. Those dealers make huge profits from selling this data. And the media knows it, because they buy the data for reporting purposes, just like the campaign. They don't like to mention that though.
According to Klippenstein, the corporate media has "been sitting on" the dossier since June, "declining to publish in fear of finding itself at odds with the government's campaign against 'foreign malign influence.'"
"If the document had been hacked by some 'Anonymous'-like hacker group, the news media would be all over it," he contended. "I'm just not a believer of the news media as an arm of the government, doing its work combatting foreign influence. Nor should it be a gatekeeper of what the public should know."
Klippenstein shared a general overview of the contents of the dossier, which he described as "a 271-page research paper the Trump campaign prepared to vet" Vance, pulling out select quotes from the document:
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- "Vance criticized public health experts and elected officials for supporting Black Lives Matter protests while condemning anti-lockdown [Covid] protests."
- "Vance 'embraced non-interventionism."
- "In 2020, Vance criticized President Trump's airstrike killing Iranian General Qasem Soleimani, worrying it would continue to bog down America in the Middle East to the advantage of China."
- "Vance suggested that the country had been entangled in wars in the Middle East so 'financial elites' could profit from the rise of China."
"While the news media has paraphrased some of the contents of the dossier, what they haven't done is provide the American people with the underlying document, in the language in which it appeared, so they can decide for themselves what they think," Klippenstein said. "You decide for yourself."
An X spokesperson toldZeteo's Justin Baragona that "Ken Klippenstein was temporarily suspended for violating our rules on posting unredacted private personal information, specifically Sen. Vance's physical addresses and the majority of his Social Security number."
The Federal Bureau of Investigation is investigating the Trump campaign's claim of an Iranian hack. Iran's government denies any such action.
Numerous observers accused Musk—a self-described "free speech absolutist"—of hypocrisy over X's suspension of Klippenstein's account, although it is not known if the billionaire owner had any role in the decision. Other users also reported punitive action against their accounts over the dossier post.
"I'm old enough to remember when free speech zealot Elon Musk was outraged by Twitter's censorship," journalist Seth Hettena said on X.
Jacobin writer Branko Marcetic posted that "this scenario is actually a good preview of the future none of us want, but that we're heading to currently: A major story breaks, establishment press refuses to cover it, and the indy media that does is throttled by tech censors."
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Florida already has one of the nation's largest shares of homeowners "who don't have meaningful insurance."
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Federal Emergency Management Agency Director Deanne Criswell said during a White House briefing that forecasts suggest Helene will make a "dead-on hit to Tallahassee" and "this is going to be a multistate event with the potential for significant impacts from Florida all the way to Tennessee."
Although this Atlantic hurricane season hasn't yet been as intense as U.S. scientists expected, trends in extreme weather disasters have led some insurance companies to exit the Florida market in recent years. Farmers Insurance announced last year that it would stop covering property in the state, in an effort to "effectively manage risk exposure."
While the Insurance Information Institute, an industry trade group, said in May that "legislative reforms passed in 2022 and 2023 have created a pathway to a stable Florida market," reporting from this week shows that residents—who aren't ultrarich—are still struggling to get and keep coverage.
"Florida ranks sixth among states with the largest shares of homeowners who don't have meaningful insurance. About 18% of homeowners across the state—about 1 in 6—are without it," NBC Newsnoted Wednesday. "Nearly 20% of Florida homeowners pay $4,000 or more a year for homeowners insurance—the largest share in the country, according to the Census Bureau."
According toThe Palm Beach Post, the global reinsurance broker Gallagher Re said in a Wednesday analysis that "landfall in the Big Bend or Panhandle region of Florida as a major hurricane (Category 3, 4, or 5) has historically translated to insured losses in the low single-digit billions."
"But Helene is not a typical storm," the firm explained. "Given Helene's very large wind radius, this would still bring hurricane-force wind gusts and high storm surge to coastal areas in the heavily populated Tampa Bay area, tropical storm force winds across most of the Florida peninsula, Georgia, the Carolinas, Tennessee, and southern Appalachia."
Gallagher Re suggested that "Helene's private insurance market losses should be expected to land in the range" of $3 billion to $6 billion, but if the hurricane "unexpectedly" moves toward Tampa, it could be over $10 billion.
Florida isn't the only state facing insurance trouble thanks to climate chaos. Voxreported last year that "insuring property in California has been a dicey proposition," pointing to torrential rainfall that "caused as much as $1.5 billion in insured losses" and "the costliest wildfires in U.S. history, including the 2018 Camp Fire, which led to more than $10 billion in losses."
Amid the intertwined climate and insurance crises, scientists, campaigners, and homeowners have demanded policy action—and elevated criticism of right-wing attacks on crucial programs.
In a June blog post, Rachel Cleetus, policy director with the Union of Concerned Scientists' Climate and Energy program, wrote that "Congress and regulators need to ensure more transparency in the insurance market on how companies are evaluating risks as they make decisions about premiums. There also needs to be better information on what kinds of incentives companies are providing for adaptation measures that would help reduce risks."
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The Climate & Community Institute on Wednesday also shared recommendations in a new report—Shared Fates: A Housing Resilience Policy Vision for the Home Insurance Crisis—using case studies from California, Florida, and Minnesota.
"We propose the creation of Housing Resilience Agencies (HRAs), either by states or the federal government," the institute said. These agencies would:
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- Coordinate and oversee comprehensive, community-oriented disaster risk reduction;
- Address existing market failures by providing coverage for oft-neglected sectors such as multifamily housing providers, mobile home dwellers, and heirs properties; and
- Host public risk models, climate risk advisory councils, and diverse governing boards to inform decision-making in a transparent and democratic manner.
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Giuliani Permanently Disbarred in DC Over Effort to Overturn 2020 Election
"Imagine once being dubbed 'America's Mayor' and having an illustrious legal and political career, and throwing it all away for Donald Trump," said one observer.
Sep 26, 2024
Former Republican New York City Mayor Rudy Giuliani can no longer practice law in the nation's capital after a federal appeals court on Thursday concurred with a disciplinary committee's recommendation for permanent disbarment over his efforts to "undermine the results of the 2020 presidential election" in service of then-President Donald Trump's "Big Lie."
In a one-page ruling, the Washington, D.C. Court of Appeals permanently revoked Giuliani's law license, finding that the former federal prosecutor and personal attorney for Trump failed to explain why he should not be subject to reciprocal punishment after the New York Supreme Court's Appellate Division disbarred him in July for lying about the 2020 election.
The New York tribunal found that Giuliani "repeatedly and intentionally made false statements, some of which were perjurious, to the federal court, state lawmakers, the public... and this court concerning the 2020 presidential election, in which he baselessly attacked and undermined the integrity of this country's electoral process."
Giuliani is also facing criminal charges related to alleged election subversion in Arizona and Georgia. He filed for Chapter 11 bankruptcy last December following a $148 million defamation judgment for falsely accusing two former Georgia election workers of engaging in a nonexistent conspiracy to "steal" the 2020 election.
These blows, culminating in Thursday's D.C. disbarment, mark a stunning fall from grace for Giuliani, who, as "America's Mayor" in the wake of the September 11, 2001 attacks on the United States, was named Time's "Person of the Year." Giuliani parlayed his popularity into a 2008 run for president in which he was an early GOP front-runner.
Giuliani spokesperson Ted Goodman slammed the D.C. court's ruling as a "miscarriage of justice."
"Members of the legal community who want to protect the integrity of our justice system should immediately speak out against this partisan, politically motivated decision," Goodman said in a statement.
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