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"The bill could usher in repression on a massive scale," one critic warned.
The Republican-controlled U.S. House of Representatives is set to vote soon on legislation that would further empower President-elect Donald Trump, who won a new term last week after fear-mongering about the so-called "enemy from within" and vowing to "root out" people he described as "radical left thugs that live like vermin within the confines of our country."
Nonprofits and rights advocates are sounding the alarm about H.R. 9495, or the Stop Terror-Financing and Tax Penalties on American Hostages Act. The bill would provide tax relief for U.S. nationals and their spouses who are unlawfully or wrongfully detained or held hostage abroad but also includes legislation to terminate the tax-exempt status of "terrorist-supporting" groups.
A version of the section targeting groups accused of backing terrorism previously passed the House but stalled in the Democrat-held Senate. As legal scholar Maryam Jamshidi explained on social media Monday, "The cynical move is intended to coerce Congress to pass the 501(c)(3) bill because no one wants to be seen as opposing tax breaks for U.S. hostages/prisoners abroad."
While the bill has long been on the radar of organizations like the ACLU—which led a diverse coalition that spoke out against it in September—the recent election results, Trump's campaign promises, and the upcoming vote are sparking fresh concerns.
"As soon as tomorrow, the House will vote on a bill that would give the incoming Trump administration a new tool they could use to stifle free speech, target political opponents, and punish groups that disagree with them," the ACLU said on social media Monday. "This broad, vague bill is an open invitation for abuse. Tell your representatives to vote NO on H.R. 9495."
The ACLU highlighted reporting by The Intercept, which on Sunday detailed how the legislation would work:
Under the bill, the Treasury secretary would issue notice to a group of intent to designate it as a "terrorist-supporting organization." Once notified, an organization would have the right to appeal within 90 days, after which it would be stripped of its 501(c)(3) status, named for the statute that confers tax exemptions on recognized nonprofit groups.
The law would not require officials to explain the reason for designating a group, nor does it require the Treasury Department to provide evidence.
"It basically empowers the Treasury secretary to target any group it wants to call them a terror supporter and block their ability to be a nonprofit," said Ryan Costello, policy director at the National Iranian American Council Action, which opposes the law. "So that would essentially kill any nonprofit's ability to function. They couldn't get banks to service them, they won't be able to get donations, and there'd be a black mark on the organization, even if it cleared its name."
The bill is widely seen as an attempt to silence fierce critics of U.S. support for Israel's ongoing slaughter and starvation of Palestinians in the Gaza Strip, which has led to a genocide case against the Israeli government at the International Court of Justice. However, Costello warned that "the danger is much broader than just groups that work on foreign policy."
"It could target major liberal funders who support Palestinian solidarity and peace groups who engage in protest. But it could also theoretically be used to target pro-choice groups, and I could see it being used against environmental groups," he said. "It really would be at the discretion of the Trump administration as to who they target, with very little recourse for the targeted organization."
Bend the Arc: Jewish Action similarly stressed on social media Monday that "this bill would grant Donald Trump unilateral power to investigate and effectively shut down any tax-exempt organization based on a unilateral accusation of wrongdoing—without any explanation required."
"The House must vote no on H.R. 9495," Bend the Arc argued. "It is critical that we are able to organize and that we have a robust nonprofit sector that represents our needs and our interests to the government. This will be a necessary tool against the harms threatened by the second Trump presidency."
Beth Miller, political director of Jewish Voice for Peace Action, said in a statement that "this bill should be a five-alarm fire for anyone who seeks to protect free speech, civil society, and democracy. This bill is part of a broader MAGA assault on the right to protest that begins with attacks on Palestinian rights groups, and is aimed at outlawing the social justice movements that fight for progressive change. This is part of a well-worn authoritarian playbook to dismantle fundamental freedoms."
Describing the legislation as "terrifying," Ajam Media Collective editor Alex Shams said Monday that "the bill could usher in repression on a massive scale."
The threat extends to media organizations like Common Dreams. Freedom of the Press Foundation—whose director of advocacy, Seth Stern, wrote about the legislation for The Intercept in May—declared Monday that "this bill is a serious threat to nonprofit news outlets and Trump is sure to abuse these powers if given the chance."
"The threat is far more dire in light of the election," the foundation added. "Tell your representative to stop H.R. 9495 today."
"Lawmakers and President Biden must act before it's too late," said Trevor Timm of Freedom of the Press Foundation.
Press freedom advocates on Friday called on the Senate to urgently pass a bipartisan bill aimed at protecting reporters from government overreach and spying before what one group called "an anti-press extremist obsessed with punishing journalists and news outlets who criticize him" takes office as the next president of the United States.
National civil liberties group Defending Rights & Dissent said Republican President-elect Donald Trump's hostility toward the press as well as the plans outlined in the right-wing agenda Project 2025 make it imperative for the Democratic-led Senate to pass the Protect Reporters from Exploitative State Spying (PRESS) Act.
The bill would shield reporters from surveillance aimed at finding out their sources.
"With many purportedly concerned about how Trump may impact our free press, it is unthinkable to allow a bill with as much bipartisan support as the PRESS Act to wither away and die," said Chip Gibbons, policy director for the group.
Project 2025, which was co-authored by at least 140 people who worked in the first Trump administration, calls to rescind the Department of Justice's current guidelines limiting when a journalist's communications records can be obtained by the federal government or when they can be compelled to testify.
"Trump has spent the last year on the campaign trail calling for more leak investigations, imprisoning journalists, and censoring news outlets he doesn't like."
"While administrations from both parties have made it the norm to use the Espionage Act to imprison whistleblowers, thus opening the door for surveillance of journalists," said Gibbons, "Project 2025 proposes undoing one of the only guardrails limiting this assault on democracy."
Trump has frequently expressed anger over journalists' coverage of him, and days before the election, he said he wouldn't "mind" if reporters at his rally were killed.
"Trump has spent the last year on the campaign trail calling for more leak investigations, imprisoning journalists, and censoring news outlets he doesn't like," said Trevor Timm, executive director of Freedom of the Press Foundation (FPF). "Lawmakers and President [Joe] Biden must act before it's too late."
On Friday, FPF director of advocacy Seth Stern wrote that investigative journalist Catherine Herridge would be protected from government surveillance if the PRESS Act, which was unanimously passed by the House earlier this year, were signed into law.
The federal appellate court for the D.C. Circuit is expected to hold a secret hearing on November 18 about whether Herridge can be fined $800 per day for refusing to comply with a judicial order to disclose her sources for a story about a university president's alleged ties to the Chinese military.
"If the court rules against Herridge, every potential government whistleblower in the nation's capital will think twice before talking to journalists in confidence. That means that in the second Trump administration, we'll all know less about government waste, corruption, and malfeasance," wrote Stern. "Congress could moot all of this by passing the PRESS Act, the federal shield bill that would protect journalist-source confidentiality."
Gibbons called on Senate leaders to "act now and pass this legislation before Trump can enact Project 2025’s plans to turn counter intelligence surveillance against U.S. journalists."
One NGO called the move "yet another attempt by Israel to hide its war crimes against Palestinians."
The White House and press freedom advocates were among those who on Tuesday criticized the Israeli government's shutdown of The Associated Press' live video shot of northern Gaza for violating a new media law by providing access to the banned Al Jazeera network.
The APsaid Israeli authorities confiscated its camera and broadcasting equipment from a home in the southern Israeli city of Sderot. The live shot was broadcast from a balcony on the home.
"The Associated Press decries in the strongest terms the actions of the Israeli government to shut down our long-standing live feed showing a view into Gaza and seize AP equipment," said Lauren Easton, vice president of corporate communications at the New York-based news organization.
"The shutdown was not based on the content of the feed but rather an abusive use by the Israeli government of the country's new foreign broadcaster law," Easton added. "We urge the Israeli authorities to return our equipment and enable us to reinstate our live feed immediately so we can continue to provide this important visual journalism to thousands of media outlets around the world."
The law to which Easton referred empowers the Israeli government to shut down the operations of foreign media outlets if they are deemed national security threats. Israeli Prime Minister Benjamin Netanyahu's far-right Cabinet used the law to ban Qatar-based Al Jazeera—the sole international media outlet providing 24/7 live coverage from Gaza—from operating in Israel.
Israeli Communications Minister Shlomo Karhi said the AP broke the foreign broadcaster law by providing the live feed to Al Jazeera, one of thousands of AP clients. Karhi accused the AP of "causing real harm to the security of the state."
"It should be noted that a warning was given to the AP agency already last week that according to the law and the government's decision they are prohibited from providing broadcasts to Al Jazeera, however they decided to continue broadcasting on the channel," Karhi said.
Speaking to reporters aboard Air Force One en route to New Hampshire on Tuesday, White House Press Secretary Karine Jean-Pierre said that U.S. President Joe Biden believes journalists should be free to do their jobs. Addressing Israel's shutdown of the AP live feed, Jean-Pierre said, "Obviously this is concerning and we want to look into it."
Paris-based Reporters Without Borders (RSF) was one of several press freedom groups that condemned Israel's shutdown of the AP live feed.
"After having banned Al Jazeera, Israel is lashing out at the AP," RSF said in a statement. "RSF denounces the seizure of the news outlet's camera and the interruption of the continuous feed that films Gaza under the pretext that these images are supplying, among others, Al Jazeera."
The U.S. advocacy group Freedom of the Press Foundation
said on social media that "Israel is now using its Al Jazeera ban as a pretext to seize equipment belonging to one of the world's largest news agencies, stripping millions of people of a view into Gaza at a time of war and mass atrocities."
Kenneth Roth, a visiting professor at Princeton University in New Jersey and former head of Human Rights Watch,
said that "rather than stop the war crimes charged yesterday by the International Criminal Court, Israel tries to cover them up."
Roth was referring to Monday's
decision by ICC Prosecutor Karim Khan to seek arrest warrants for Netanyahu and Israeli Defense Minister Yoav Gallant and Hamas leaders Yahya Sinwar, Ismail Haniyeh, and Mohammed Deif for alleged war crimes and crimes against humanity in connection with the October 7 attacks on Israel and that country's genocidal retaliation—which has killed, wounded, or left missing more than 126,000 Palestinians, according to Gazan and international officials.
More than 100 journalists, the vast majority of them Palestinians, have been
killed by Israeli forces since October 7 in what the Committee to Protect Journalists and others say are often intentional targetings of not only media workers but also their families. Previous investigations—including the probe of Israeli troops' 2022 killing of Palestinian American Al Jazeera reporter Shireen Abu Akleh—have confirmed that Israel has deliberately targeted journalists.
Israeli forces have also attacked newsrooms during every major Gaza war, including in May 2021 when the 11-story al-Jalaa Tower—which housed offices of Al Jazeera, AP, and other media outlets—was leveled in an airstrike.
Even Yair Lapid, who leads Israel's political opposition and is a former journalist, called the AP shutdown "an act of madness."
"This is an American media outlet that has won 53 Pulitzer Prizes," Lapid said in a statement. "This government behaves as if it has decided to make sure at any cost that Israel will be outcast all over the world. They went mad."