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ACLU Asks Supreme Court to Deny Bureau of Prisons Request to Block Order That Will Save Lives
BOP has failed to effectuate judge-mandated reduction of population at Elkton Prison.
WASHINGTON
This morning, the American Civil Liberties Union and the ACLU of Ohio filed an opposition brief with the U.S. Supreme Court, asking the court to deny the government's request to stay the preliminary injunction -- ordered by United States District Judge James S. Gwin last month -- at Elkton Federal Correction Institution. This is the first time the Trump administration has asked the Supreme Court to block an order that would protect prisoners from COVID-19.
In a rebuke this week, Judge Gwin noted that one in four people tested at Elkton had tested positive for COVID-19, and that the BOP was required to expedite the transfer and release of the 837 members of the medically-vulnerable subclass to home confinement and compassionate release. Nine people have died at the prison, making it one of the more deadly BOP-run prisons during this pandemic.
David Cole, legal director of the ACLU, issued the following statement:
"There are more than 800 people incarcerated at Elkton and at risk of serious illness or death from this virus. People have a constitutional right to health, safety, and dignity while incarcerated -- something that Elkton has proven it cannot provide right now. Around the country, courts have been slow to step in and take responsibility to protect the tens of thousands of incarcerated people who are at risk from this virus. Bold leadership from courts will be required to mitigate the humanitarian crisis we're facing. We urge the Supreme Court not to intervene and block an order that will save lives. It would be a tremendous mistake."
David Carey, senior staff attorney of the ACLU of Ohio, issued the following statement:
"It's been nearly a month since Judge Gwin ordered Elkton to start using every means at its disposal to move medically-vulnerable prisoners to safety. Instead of complying, the federal government has stalled and delayed at every turn. Even though the prison has still failed to conduct mass testing, we know for certain that nine people have died, and this deadly outbreak is continuing to worsen. If the Supreme Court issues a stay, halting the lower court's efforts to force the expedited release and transfer of those who remain at high risk, the outcome will be devastating."
The brief is online, here.
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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Mexico's Leftist President Rips Trump Tariff Threat
"If even a small percentage of what the United States allocates to war were instead dedicated to building peace and fostering development, it would address the underlying causes of human mobility," wrote Mexican President Claudia Sheinbaum.
Nov 26, 2024
Mexican President Claudia Sheinbaum on Tuesday sharply criticized U.S. President-elect Donald Trump's threat to impose a 25% tariff on all imported goods from Canada and Mexico, calling the proposal a potentially disastrous distraction from meaningful solutions to drug trafficking and mass migration.
"Migration and drug consumption in the United States cannot be addressed through threats or tariffs," Sheinbaum, a member of Mexico's leftist Morena party, wrote in a letter to Trump. "What is needed is cooperation and mutual understanding to tackle these significant challenges."
Sheinbaum warned that if Trump follows through with his threat, "there will be a response in kind, until we put at risk our shared enterprises," echoing economists' concerns that such sweeping tariffs could result in higher prices for consumers, job losses, and a damaging trade war. Companies in the U.S. are already signaling that they would use tariffs on imports as a justification to raise consumer prices.
"Among Mexico's main exporters to the United States are General Motors, Stellantis, and Ford Motor Company, which arrived in Mexico 80 years ago," Sheinbaum wrote. "Why impose a tariff that would jeopardize them? Such a measure would be unacceptable and would lead to inflation and job losses in both the United States and Mexico."
"Tragically, it is in our country that lives are lost to the violence resulting from meeting the drug demand in yours."
Sheinbaum's letter to Trump was made public hours after the U.S. president-elect took to his social media platform, Truth Social, to fearmonger about a supposedly "unstoppable" migrant "caravan coming from Mexico."
Trump pledged to "sign all necessary documents to charge Mexico and Canada a 25% Tariff on ALL products coming into the United States" and said such tariffs would remain in place until Mexico and Canada—the nation's largest trading partners—halt the flow of migrants and drugs, particularly fentanyl, into the U.S.
"Both Mexico and Canada have the absolute right and power to easily solve this long simmering problem," Trump wrote. "We hereby demand that they use this power, and until such time that they do, it is time for them to pay a very big price!"
In her response, Sheinbaum wrote that Trump "may not be aware" that Mexico "has developed a comprehensive policy to assist migrants from different parts of the world who cross our territory en route to the southern border of the United States." Sheinbaum noted that the policy helped produce a major decline in migrant encounters at the U.S.-Mexico border over the past year.
"For these reasons, migrant caravans no longer arrive at the border," the Mexican president wrote. "Even so, it is clear that we must work together to create a new labor mobility model that is necessary for your country, as well as address the root causes that compel families to leave their homes out of necessity."
"If even a small percentage of what the United States allocates to war were instead dedicated to building peace and fostering development, it would address the underlying causes of human mobility," she added.
Sheinbaum went on to write that Mexico has "consistently expressed its willingness" to help stop fentanyl and weapons from entering the United States through its southern border.
"You must also be aware of the illegal trafficking of firearms into my country from the United States," she wrote. "Seventy percent of the illegal weapons seized from criminals in Mexico come from your country. We do not produce these weapons, nor do we consume synthetic drugs. Tragically, it is in our country that lives are lost to the violence resulting from meeting the drug demand in yours."
Canadian Prime Minister Justin Trudeau offered a far more vague response to Trump's tariff threat, telling reporters that he had a "good conversation" with the U.S. president-elect following his Truth Social post.
"This is a relationship that we know takes a certain amount of working on, and that's what we'll do," Trudeau said.
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Amnesty Says Pakistan Must 'Immediately Rescind' Shoot-on-Sight Order Against Protesters
Jailed former Prime Minister Imran Khan commended "the Pakistani nation and PTI's political workers, who are fighting for their rights by participating in this peaceful protest."
Nov 26, 2024
Amnesty International on Tuesday joined people around the world in pressuring the Pakistani government to revoke the "shoot-on-site" orders given to troops responding to tens of thousands of protesters in Islamabad who are demanding the release of jailed former Prime Minister Imran Khan.
Khan has been behind bars for over a year due to various charges that he and his allies argue are politically motivated. So far, at least six people, including four paramilitary soldiers, have been killed and dozens more injured as supporters of the 72-year-old and his political party Pakistan Tehreek-e-Insaf (PTI), led by his wife Bushra Bibi, have converged on the country's capital in recent days.
In addition to Khan's release, the protesters "seek the resignation of the current government over what they call
rigged general elections this year," Reutersreported Tuesday. "Prime Minister Shehbaz Sharif's government has given no indication yet of bending to the demands. Authorities have used shipping containers to block major roads and streets in Islamabad, with police and paramilitary patrolling in riot gear."
NDTVexplained that "when the Pakistan Army stepped in, it issued 'shoot-at-sight' orders under Section 245—which is a clause meant for the armed forces 'to defend Pakistan against external aggression or threat of war.' The clause also gives the army an open hand as it nullifies any judicial intervention or future proceedings."
"Any use of force must be lawful and no more than is necessary and proportionate and the authorities must take all necessary measures to prevent arbitrary deprivation of life."
Responding to the developments on Tuesday, Amnesty's South Asia office said that "the government must fully protect and ensure the rights of protesters and immediately rescind the 'shoot-on-sight' orders that provide undue and excessive powers to the military... The authorities must exercise maximum restraint, aiming to prevent and de-escalate violence and to avoid the use of force. Any use of force must be lawful and no more than is necessary and proportionate and the authorities must take all necessary measures to prevent arbitrary deprivation of life, including by ensuring that law enforcement actions are adequately planned to minimize the risk to life."
"There must also be effective accountability for any unlawful use of force," Amnesty continued. "The severe restrictions on assembly, movement, and mobile and internet services as well as arbitrary detentions of thousands of protesters across Pakistan, particularly in Islamabad, are a grave violation of the rights to freedom of peaceful assembly, movement, and expression. As protesters enter the capital, law enforcement officials have used unlawful and excessive force including tear gas, live ammunition, and rubber bullets against PTI protesters."
"Even if protests become nonpeaceful, the authorities must respect and ensure the protesters' rights to life and freedom from torture and other ill-treatment," the group added. "The Pakistani authorities have obligations under international human rights law to provide an enabling environment for the protesters. Amnesty International urges the government to ensure that the right to freedom of peaceful assembly is respected and protected. Those detained solely for exercising their right to peaceful assembly must be released immediately."
Pakistani poet and journalist Ahmed Farhad has used social media to share protest updates in Urdu, but also posted a message in English on Tuesday: "I don't know if I'll be alive or free to report further. I've been riding on bike for several kilometers to share these updates. I request international and national media to show the situation at D-Chowk. People are being shot at with heartless brutality. I don't know how many more people have been injured or killed by the time this post reaches you."
D-Chowk, a popular square in the capital near multiple government buildings, was "the final destination of PTI's main convoy," according toDawn. As midnight neared in Pakistan Tuesday night, the newspaper reported that "rangers have regained control of Islamabad's D-Chowk after beginning arrests and pushing back PTI protesters from the venue of the party's much-touted power show."
Meanwhile, Khan on Tuesday
issued a new statement from Adiala Jail in Rawalpindi, commending "the Pakistani nation and PTI's political workers, who are fighting for their rights by participating in this peaceful protest, and resolutely standing before the mafia that has imposed itself upon our country, to demand their rights and genuine freedom."
"My message for my team is to fight until the last ball is bowled. We will not back down until our demands are met!" he continued, taking aim at the Pakistan's interior minister. "On Mohsin Naqvi's instructions, paramilitary rangers and police relentlessly fired tear gas shells and even shot at our political workers, resulting in the martyrdom of and injuries to peaceful, unarmed citizens. Let me tell you, they will have to answer for this! The protesters were not only peaceful, but they even assisted the very police officers and rangers who were shooting and firing teargas shells at them (when they were in need of help)."
"My thanks go to overseas Pakistanis around the globe, who are not only mobilizing Pakistanis and contributing funds, but also holding historic protests in their respective countries," he said. "Social media warriors around the globe should continue to vigorously reiterate our demands and show the world the ongoing oppression in Pakistan! To those threatening to try me in military court: Do what you must; I will not back down from my stance. Those who haven't yet joined the protest must also head to D-Chowk. All Pakistanis participating in the protest must remain peaceful, stay united, and stand firm until our demands are met. Remember, this is a struggle for Pakistan's survival and true freedom!"
Several solidarity protests were held around the world on Sunday and multiple U.S. political leaders weighed in the past few days.
"The brutal repression of protesters in Pakistan and growing political violence is an attempt to suppress democracy and human rights," U.S. Rep. Rashida Tlaib (D-Mich.) said Tuesday. "I stand with the brave Pakistanis who are rising up and protesting for change."
Congresswoman Barbara Lee (D-Calif.) declared Monday that "freedom of speech and the freedom to peacefully protest are essential to democracy—that holds true in the United States, in Pakistan, and around the globe. I stand with pro-democracy advocates in Pakistan as they fight for justice and human rights."
Rep. Summer Lee (D-Pa.) said Monday that "I am moved by the bravery demonstrated by the Pakistani people as they protest for electoral integrity, and judicial fairness—and I condemn any violent suppression of them exercising their fundamental rights. Everyone deserves to speak out and demand democracy."
In a pair of social media posts on Sunday, Congressman Ro Khanna (D-Calif.)
noted his support for recent letters led by Reps. Greg Casar (D-Texas), Susan Wild (D-Pa.), and John James (R-Mich.) "urging for the release of all political prisoners in Pakistan and for the U.S. to stand up for human rights," and specifically sounded the alarm about communications blackouts.
"Deeply concerned by reports that Asim Munir's regime in Pakistan is cutting internet, blocking roads, and abducting activists this weekend," he
said. "As the congressman for Silicon Valley, I am committed to standing up for freedom of speech including a free internet."
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Maine Becomes Latest State to Sue Oil Giants Over Climate Deception
"With Maine's lawsuit, the demands that Big Oil faces accountability for decades of climate lies are growing louder and more powerful," said Richard Wiles, president of the Center for Climate Integrity.
Nov 26, 2024
Maine on Tuesday joined a group of eight other U.S. states that have sued major oil and gas companies for deceiving the public about their products' role in the climate crisis.
Maine Attorney General Aaron Frey's office announced that he has filed a suit in state court against Exxon, Shell, Chevron, BP, Sunoco, and the American Petroleum Institute.
Frey's suit accuses the companies of knowing about the potentially catastrophic consequences of continued dependence on fossil fuels for decades, thanks to companies' internal research, but that the defendants undertook a disinformation campaign to discredit the scientific consensus on climate change, delay a transition to a green energy economy, and sow doubt in the public's mind about the impact of burning fossil fuels.
"The state seeks to hold the defendants accountable for failing to warn Mainers and concealing their knowledge about the devastating consequences of the increasing use of fossil fuels on Maine's people, economy, and environment. This conduct has resulted in enormous financial burdens, public health impacts, property damage, and other harms across Maine as a result of extreme weather, sea-level rise, and warmer temperatures," according to the release from Frey's office.
"For over half a century, these companies chose to fuel profits instead of following their science to prevent what are now likely irreversible, catastrophic climate effects," Frey said in a statement. "In so doing, they burdened the state and our citizens with the consequences of their greed and deception."
Frey's lawsuit asks the court to require the companies pay for both "past and future climate harms caused by the defendants" and ensure that the companies end their "ongoing deception" in the state. The state is demanding a jury trial and numerous forms of relief, including penalties and disgorgement of profits, according to the release.
Frey is the 11th attorney general (including the District of Columbia and Puerto Rico), to take such a legal move. More than 20 states, tribes, cities and counties have so far pursued similar climate deception lawsuits to date, according the Maine attorney general's office. Earlier this fall, California's attorney general filed a lawsuit against ExxonMobil, alleging that the company falsely touted chemical recycling as a solution to the plastics crisis.
A September report from Oil Change International and Zero Carbon Analytics found that the number of climate cases brought against fossil fuel corporations—many of which center on climate damages, misleading advertising about fossil fuels, or failure to reduce emissions in line with legal agreements—has been ticking upward since the 2015 Paris climate accords.
Richard Wiles, president of the Center for Climate Integrity, whose organization helps communities hold fossil fuel companies accountable, applauded the move.
"Big Oil companies have lied for decades about the catastrophic harm they knew their products would cause, and now Maine has joined a growing wave of communities across the U.S. that are demanding accountability," said Wiles. "These polluters continue to fuel the climate crisis and lie about it to protect their profits. It’s only right that Big Oil companies pay their fair share of the damage their deception has caused. With Maine's lawsuit, the demands that Big Oil faces accountability for decades of climate lies are growing louder and more powerful."
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