February, 28 2019, 11:00pm EDT
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Federal Appeals Court to Review a Case that Could End Super PAC Spending in U.S. Elections
WASHINGTON
A federal appeals court will soon have the opportunity to review its 2010 ruling which created super PACs, following a federal district court decision yesterday in a case led by Members of Congress seeking to end super PAC spending in US elections.
Lieu v. Federal Election Commission, which was filed in federal district court in Washington, D.C. in November 2016 on behalf of a bipartisan coalition of Members of Congress and 2016 congressional candidates led by Representative Ted Lieu (D-CA-33), Senator Jeff Merkley (D-OR), and the late Representative Walter Jones (R-NC-3), seeks the reversal of the March 2010 federal appeals court ruling in SpeechNow.org v. FEC. In that decision, the U.S. Court of Appeals for the D.C. Circuit concluded that the federal law limiting contributions to political action committees to $5,000 per person per year did not apply to political committees that promised to make only "independent" expenditures, thus unleashing super PACs.
"Super PACs weren't created by Congress, or the U.S. Supreme Court--they were created by a lower court decision, based on faulty assumptions, that has never been reviewed or revisited," says Ron Fein, Legal Director of Free Speech For People. "It's been almost a decade since the D.C. Circuit unleashed super PACs on our democracy, and it's clear that the experiment has failed. We look forward to giving the courts the opportunity to overrule the SpeechNow decision so we can rebuild our democracy."
"When huge corporations and the super-wealthy can drown out the voices of ordinary Americans, we've lost President Lincoln's vision of a government of the people, by the people, and for the people," says Senator Jeff Merkley, "We need to put 'We the People' back in charge, and that starts by closing the gaping super PAC loophole that has allowed dark money to overwhelm our elections. We look forward to making our argument before the U.S. Court of Appeals for the D.C. Circuit that the time has come for it to revisit and reverse its ruling that created super PACs."
"Since the SpeechNow.org v. Federal Election Commission decision, the amount of money being spent on our elections has exploded, adding fuel to the public perception of election corruption," says Congressman Ted Lieu. "Americans across the political spectrum want to see their elected officials responsive to them instead of big money donors. The idea that one person or one corporation can essentially buy an election is a threat to our democracy. I am honored to be a lead plaintiff in this case and look forward to demonstrating to the D.C. Circuit Court of Appeals that big money donors are now using super PACs to evade federal campaign contribution limits and undermine the integrity of our elections."
"For nearly a decade, the SpeechNow ruling by the U.S. Court of Appeals for the D.C. Circuit has allowed big money donors to evade federal campaign contribution limits and corrupt even further our political process," says John Bonifaz, Co-Founder and President of Free Speech For People. "The real-world experience of this ruling and the threat that super PACs pose to our democracy must now be reviewed by the D.C. Circuit. We look forward to advancing this case to the appellate level."
As explained by scholars and experts in political corruption and constitutional law, the SpeechNow ruling was legally erroneous at the time under Supreme Court precedent (including Citizens United). Unfortunately, then-Attorney General Eric Holder decided not to appeal SpeechNow to the Supreme Court, on the (clearly mistaken in retrospect) theory that the SpeechNow decision would "affect only a small subset of federally regulated contributions." This prediction, like the court's speculation that contributions to super PACs could not lead to corruption or the appearance of corruption, has proven incorrect with time. To this day, the Supreme Court has not reviewed the question. As a result, super PACs have become one of the primary vehicles for wealthy donors to evade campaign contribution limits designed to prevent corruption and the appearance of corruption. Meanwhile, Chief Justice Roberts has given signals that suggest that he would be willing to sustain limits on contributions to super PACs even within the framework of Citizens United.
On Thursday, February 28, the district court held that it was bound to follow SpeechNow until it is overturned. Indeed, as the court noted, the Lieu plaintiffs made clear that the case is intended as a vehicle for appeal to higher courts: "Plaintiffs acknowledge that the D.C. Circuit's interpretation of Citizens United in SpeechNow binds this Court unless SpeechNow has been overruled by either the D.C. Circuit sitting en banc, or the Supreme Court." Consequently, the district court concluded that it was required to dismiss the complaint in light of SpeechNow.
This frames the case for appeal to a higher court that can overrule SpeechNow. The next stage is an appeal to the U.S. Court of Appeals for the D.C. Circuit.
Free Speech For People, a national non-profit public interest organization founded on the day of the U.S. Supreme Court's ruling in Citizens United v. FEC, serves as co-lead counsel for the plaintiffs, along with Brad C. Deutsch and the law firm of Garvey Schubert Barer; Stephen A. Weisbrod and the law firm of Weisbrod Matteis & Copley; and veteran government accountability attorney Anne Weissmann. Mr. Deutsch served as lead counsel to the 2016 presidential campaign of Senator Bernie Sanders, and previously served for eight years as Chief of Staff and Senior Legal Advisor to Commissioner Steven T. Walther at the Federal Election Commission.
The legal team also includes a bipartisan group of distinguished scholars and practitioners in the law of the First Amendment, corruption, and government ethics: Professor Laurence Tribe (Harvard Law School); Professor Albert Alschuler (Univ. of Chicago Law School, emeritus); and Professor Richard Painter (Univ. of Minnesota Law School, and former chief ethics counsel to President George W. Bush).
For more information about the case, visit:
https://freespeechforpeople.org/lieu-v-federal-election-commission/
Free Speech For People is a national non-partisan non-profit organization founded on the day of the U.S. Supreme Court's ruling in Citizens United v. FEC that works to defend our democracy and our Constitution.
LATEST NEWS
Sonya Massey, Shot by Police in Illinois, 'Should Be Alive Today'
"This video is sickening," the Illinois Legislative Black Caucus Senate chair said of the newly released body camera footage. "Justice demands answers and accountability."
Jul 22, 2024
Campaigners and political leaders across the United States responded with outrage and fresh calls for justice after the Monday release of body camera footage from the deadly police shooting of Sonya Massey, an unarmed 36-year-old Black woman from Springfield, Illinois.
"Sonya Massey, a beloved mother, friend, daughter, and young Black woman, should be alive today," U.S. President Joe Biden said in a statement. "Sonya's death at the hands of a responding officer reminds us that all too often Black Americans face fears for their safety in ways many of the rest of us do not."
"Sonya's family deserves justice," added Biden, who on Sunday exited this year's presidential race and endorsed his vice president, Kamala Harris, for the Democratic nomination. "Congress must pass the George Floyd Justice in Policing Act now. Our fundamental commitment to justice is at stake."
Massey called 911 just before 1:00 am CT on July 6 to report a "prowler" near her Springfield home,
according toWCIA and the Illinois State Police (ISP), which conducted an investigation after being contacted by Sangamon County Sheriff Jack Campbell.
Two deputies from the Sangamon County Sheriff's Office were dispatched in response to Massey's call. ISP posted a total of over 34 minutes of bodycam footage from both deputies on YouTube. The video shows a deputy shooting Massey, who had been holding a pot of water they asked her to take off the stove. Before releasing the footage, authorities blurred her body.
The bodycam footage can be viewed here on the ISP YouTube page.
Black Lives Matter Springfield warned in a Sunday statement that "the footage will be distressing. It will be infuriating, heartbreaking, and may trigger trauma responses. It may also spur hateful comments or actions online or elsewhere by those who do not share our outrage about this senseless murder."
The group encouraged the Black community "to take care of themselves during this time" and said that it "will continue to stand for justice through peaceful protest and community action for Sonya Massey and all the Black women and men who have been murdered by police before her."
Sangamon County State's Attorney John Milhiser announced last week that one deputy, 30-year-old Sean Grayson, was charged with three counts of first-degree murder, aggravated battery with a firearm, and official misconduct. Campbell said that Grayson has been fired and "our office will continue to cooperate fully with the criminal proceedings as this case moves forward."
Grayson, who is white, "has pleaded not guilty" and "is being held in the Sangamon County Jail without bond," The Associated Pressreported. "If convicted, he faces prison sentences of 45 years to life for murder, six to 30 years for battery and two to five years for misconduct. His lawyer, Daniel Fultz, declined comment on Monday."
The other deputy who was on the scene has not been publicly identified.
During a Monday press conference, attorney Ben Crump said the bodycam footage would "shock the conscience of America like the pictures of Emmett Till after he was lynched" and Massey's father, James Wilburn, called for passing the George Floyd Justice in Policing Act—which includes various policies intended to reduce law enforcement misconduct and increase accountability.
Advocates have been sharing updates and expressing condolences on social media with the hashtag #StandWithSonya.
"Color of Change mourns Sonya Massey and we send our heartfelt condolences to the Massey family," said Kyle Bibby, the group's interim chief of campaigns and programs, in a Monday statement. "The video released today is gut-wrenching and once again shows that Black people in this country cannot escape police violence, even in their own homes. It is also a stark reminder of the urgent need to address police brutality and misconduct."
"The actions of Sean Grayson are disgraceful and inhumane, and reflect a blatant disregard for the safety and well-being of the community. His actions are an alarming reminder of how police so often disregard Black lives," Bibby continued. "It is crucial that the authorities take swift and decisive action in holding those responsible for Sonya Massey's death accountable, and work towards rebuilding trust and ensuring the safety and dignity of all individuals in our communities."
"Today, we weep for Sonya Massey and ask, How much more suffering is necessary before we see real change?" he added. "As we enter election season, our community members should ensure their voices are heard so they can demand reforms that increase police accountability and prevent violence like that perpetrated against Sonya Massey from ever happening again."
Since Grayson was charged, political leaders across the state have commented on the case. In a Wednesday statement that remains pinned to the top of Illinois Gov. JB Pritzker's profile on X, formerly Twitter, the Democrat welcomed the charges and called for building "a system of justice in this country that truly protects all of its citizens."
"My heart breaks for Sonya's children, for her family and friends, and for all who knew and loved her, and I am enraged that another innocent Black woman had her life taken from her at the hands of a police officer," Pritzker also said.
The comments kept mounting after the release of the video. U.S. Sen. Dick Durbin (D-Ill.) said Monday that "the body camera footage released today is disturbing and unconscionable. My thoughts continue to be with Sonya Massey's children, family, and loved ones as they relive these horrible moments."
Some who weighed in highlighted aspects of Illinois state law, including bodycam requirements and rules for investigations.
"The body camera footage is horrific, and I offer my deepest sympathy to Sonya Massey's family as they relive a moment no family should experience," said Illinois Attorney General Kwame Raoul. "As the community reacts to the release of the footage, I urge calm as this matter works its way through the criminal justice system."
"In Illinois we have made sure that the law mandates independent investigations after officer-involved shootings," he added. "In this matter it appears that the investigation by the Illinois State Police and the subsequent referral to the Sangamon County state's attorney's office have complied with the letter and spirit of the law by providing the appropriate transparency and moving toward accountability."
State Sen. Robert Peters, Senate chair of the Illinois Legislative Black Caucus, said Monday that "this video is sickening. It is despicable and disgusting to see such brutal violence toward an innocent Black woman. How did this person ever become a law enforcement officer?"
"This is why we fought for increased transparency. This is why we fought for body camera requirements. This is why we fought to end cash bail to keep dangerous people detained," he continued. "But arresting and detaining the perpetrator isn't the end. Justice demands answers and accountability."
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Senate Permitting Reform Bill Slammed as 'Biggest Giveaway' to Fossil Fuel Industry
"We urge Congress to put forward real solutions to build a clean energy economy, and not pair those reforms with more attempts to pad the pockets of fossil fuel executives," said one campaigner.
Jul 22, 2024
Green groups on Monday blasted the introduction of an energy permitting reform bill in the U.S. Senate, warning the proposal is a massive gift to the fossil fuel industry that will reduce public input on critical decisions and exacerbate the climate emergency.
U.S. Sens. Joe Manchin (I-W.Va.) and John Barrasso (R-Wyo.)—respectively the chair and ranking member of the Senate Energy and Natural Resources Committee—released the
Energy Permitting Reform Act of 2024, which the panel said "will strengthen American energy security by accelerating the permitting process for critical energy and mineral projects of all types in the United States."
Among other reforms, the bill "accelerates leasing and permitting decisions for all types of energy projects on federal lands" and requires the interior secretary to "hold at least one offshore wind lease sale and one offshore oil and gas lease sale per year" from 2025-29.
Manchin, a former right-wing Democrat with deep family ties to the coal industry, has been trying—and failing—to pass fossil fuel-friendly permitting reform legislation for years.
"This Frankenstein legislation is nothing less than the biggest giveaway in decades to the fossil fuel industry," said Brett Hartl, the government affairs director at the Center for Biological Diversity. "The insignificant crumbs thrown at renewable energy do nothing to address the climate crisis, but instead would make it game over for a livable planet."
Sierra Club Beyond Fossil Fuels policy director Mahyar Sorour said in a statement that "those who promote this kind of so-called 'permitting reform' claim that it's necessary to accelerate the deployment of clean energy, but in truth this is nothing more than yet another attempt by fossil fuel industry boosters to give handouts for polluters at the expense of our communities and the climate."
"We urge Congress to put forward real solutions to build a clean energy economy, and not pair those reforms with more attempts to pad the pockets of fossil fuel executives under the guise of reducing emissions," Sorour added.
There is widespread agreement that energy permitting reform is sorely needed. However, climate campaigners argue that reform efforts must not perpetuate or expand the use of planet-heating fossil fuels. Some advocates say the answer lies in legislation like the A. Donald McEachin Environmental Justice for All Act.
The bill—which is named after the late Democratic Virginia congressman—was introduced last year by Sens. Tammy Duckworth (D-Ill.) and Cory Booker (D-N.J.) in the Senate and Reps. Raúl Grijalva (D-Ariz.) and Barbara Lee (Calif.) in the House. The legislation aims to ensure timely and meaningful public notification for all new energy projects and adequate community review. It would require federal agencies to weigh the environmental justice impacts of proposed projects during the permitting process.
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Calls to Boycott Netanyahu Speech Grow as Israeli PM Heads to DC
A new coalition of advocacy groups—some of them Jewish-led—are urging lawmakers to "amplify the voices of those in Israel, Palestine, and around the world who reject Netanyahu's failed leadership."
Jul 22, 2024
Pressure is mounting on U.S. lawmakers to skip Israeli Prime Minister Benjamin Netanyahu's scheduled address to Congress later this week, as a newly formed coalition of civil society groups announced a protest against the far-right leader—whose policies and actions in Gaza are on trial for genocide at the World Court.
As Netanyahu "brings to Congress his message of extending and expanding the devastating war in Gaza, neglecting the safety of Israeli hostages, and ensuring impunity for the actions of his government, an alternative message must be heard," the new coalition said in a statement Monday. "To amplify a message of safety, freedom, just peace, collective liberation, and human rights for ALL Palestinians and Israelis, nine diverse groups have come together to form the Peace and Justice Protest Bloc."
The groups—American Friends of Combatants for Peace (AFCFP), Win Without War, T'ruah, Sisterhood of Salaam Shalom, Israelis for Peace, Halachic Left, and three local chapters of Supporters of Standing Together—"will come together in Washington this week to urge members of Congress to skip Netanyahu's speech, sponsor community events with peace activists from the region, and amplify the voices of those in Israel, Palestine, and around the world who reject Netanyahu's failed leadership."
"The bloc, made up of hundreds of Israelis, Palestinians, Arabs, Jews, and allies, will unite to demonstrate that collective struggle and liberation are possible, and there is a growing movement that embodies it," the coalition added. "We must act now to ensure that the voices for a just peace are louder than those of division and bloodshed."
A larger protest by a coalition of groups including Palestinian Youth Movement, National Students for Justice in Palestine, CodePink, ANSWER Coalition, the People's Forum, International Peoples' Assembly, Al-Awda-N.Y., and the Palestinian American Community Center-N.J. is also planned for Wednesday, when Netanyahu is set to speak. Organizers are planning to surround the U.S. Capitol.
"A visit by Netanyahu to Congress and the U.S. confirms something we already knew: The United States of America financially and morally supports the slaughter of Palestinians happening in Gaza," said CodePink Palestine campaign coordinator Nour Jaghama, who was arrested outside the Republican National Convention last week after being falsely accused of assaulting a Republican lawmaker. "They are no better than Netanyahu and every single Israeli official who orders the dropping of bombs on sieges on hospitals."
Groups including the Council on American Islamic Relations and CodePink have circulated petitions urging members of Congress to boycott Netanyahu's speech, which is set for Wednesday. Numerous congressional Democrats have already said they will not attend the address, as has Independent U.S. Sen. Bernie Sanders of Vermont, who on Monday reaffirmed why he'll skip the speech.
"Netanyahu and his right-wing, extremist government have waged total war against the Palestinian people, killing at least 39,000 Palestinians and injuring 89,000—60% of whom are women, children, or elderly people," Sanders said. "Netanyahu should not be welcomed into the United States Congress."
"On the contrary, his policies in Gaza and the West Bank and his refusal to support a two-state solution should be roundly condemned," the senator added. "In my view, his right-wing, extremist government should not receive another nickel of U.S. taxpayer support to continue the inhumane destruction of Gaza."
Axios Capitol Hill reporter Juliegrace Brufke said Monday that Vice President Kamala Harris—whom many Democrats have endorsed for president since U.S. President Joe Biden's Sunday withdrawal from the 2024 race—has "declined" to preside over Netanyahu's speech, as is her prerogative as Senate president. So has Senate President Pro Tempore Patty Murray (D-Wash.), leaving uncertainty as to who will preside over the session.
Like Biden, Harris has been an
ardent supporter of Israel during her tenure in the U.S. Senate and White House. She is facing fresh calls take a "clear stance" against any more weapons sales for Israel.
In 2015—the last time Netanyahu addressed Congress—nearly 60 lawmakers including Sanders boycotted his speech.
Some progressive groups and individuals have called for more than just a boycott of Netanyahu.
The Center for Constitutional Rights on Friday asked the U.S. Justice Department to investigate Netanyahu and other Israeli officials for allegedly committing or authorizing genocide, war crimes, and torture. The group led a federal genocide complicity lawsuit against Biden, Secretary of State Antony Blinken, and Defense Secretary Lloyd Austin that was dismissed last week.
Last month, former Democratic Ohio state Sen. Nina Turnerargued that Netanyahu "should be arrested on the spot" for "overseeing a genocide."
Meanwhile, U.S. House Speaker Mike Johnson (R-La.)
warned attendees of a Republican National Convention event last week that he would order the arrest of any lawmakers who get "out of hand" during Netanyahu's speech.
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