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“Marco Rubio has claimed the power to designate people terrorist supporters based solely on what they think and say,” said one free speech advocate.
Free speech advocates are sounding the alarm about a bill in the US House of Representatives that they fear could allow Secretary of State Marco Rubio to strip US citizens of their passports based purely on political speech.
The bill, introduced by Rep. Brian Mast (R-Fla.), will come up for a hearing on Wednesday. According to The Intercept:
Mast’s new bill claims to target a narrow set of people. One section grants the secretary of state the power to revoke or refuse to issue passports for people who have been convicted—or merely charged—of material support for terrorism...
The other section sidesteps the legal process entirely. Rather, the secretary of state would be able to deny passports to people whom they determine “has knowingly aided, assisted, abetted, or otherwise provided material support to an organization the Secretary has designated as a foreign terrorist organization.”
Rubio has previously boasted of stripping the visas and green cards from several immigrants based purely on their peaceful expression of pro-Palestine views, describing them as "Hamas supporters."
These include Columbia protest leader Mahmoud Khalil, who was arrested by Immigration and Customs Enforcement (ICE) after Rubio voided his green card; and Rumeysa Ozturk, the Tufts student whose visa Rubio revoked after she co-wrote an op-ed calling for her school to divest from Israel.
Mast—a former soldier for the Israel Defense Forces who once stated that babies were "not innocent Palestinian civilians"—has previously called for "kicking terrorist sympathizers out of our country," speaking about the Trump administration's attempts to deport Khalil, who was never convicted or even charged with support for a terrorist group.
Critics have argued that the bill has little reason to exist other than to allow the Secretary of State to unilaterally strip passports from people without them actually having been convicted of a crime.
As Kia Hamadanchy, a senior policy counsel at the American Civil Liberties Union, noted in The Intercept, there is little reason to restrict people convicted of terrorism or material support for terrorism, since—if they were guilty—they'd likely be serving a long prison sentence and incapable of traveling anyway.
“I can’t imagine that if somebody actually provided material support for terrorism, there would be an instance where it wouldn’t be prosecuted—it just doesn’t make sense,” he said.
Journalist Zaid Jilani noted on X that "judges can already remove a passport over material support for terrorism, but the difference is you get due process. This bill would essentially make Marco Rubio judge, jury, and executioner."
The bill does contain a clause allowing those stripped of their passports to appeal to Rubio. But, as Hamadanchy notes, the decision is up to the secretary alone, "who has already made this determination." He said that for determining who is liable to have their visa stripped, "There's no standard set. There’s nothing."
As Seth Stern, the director of advocacy at the Freedom of the Press Foundation, noted in The Intercept, the language in Mast's bill is strikingly similar to that found in the so-called "nonprofit killer" provision that Republicans attempted to pass in July's "One Big Beautiful Bill" Act. That provision, which was ultimately struck from the bill, would have allowed the Treasury Secretary to unilaterally strip nonprofit status from anything he deemed to be a "terrorist-supporting organization."
Stern said Mast's bill would allow for "thought policing at the hands of one individual."
“Marco Rubio has claimed the power to designate people terrorist supporters based solely on what they think and say,” he said, "even if what they say doesn’t include a word about a terrorist organization or terrorism."
"It was not self-defense or authorized by Congress," the Minnesota congresswoman said of Trump's strike on a boat bound from Venezuela, which killed 11 people last week.
US Rep. Ilhan Omar introduced a war powers resolution in the US House of Representatives on Thursday, seeking to restrain President Donald Trump from conducting attacks in the Caribbean after he ordered a drone strike on a ship from Venezuela last week, killing 11 people.
The Trump administration has claimed, with little evidence, that the boat was a drug trafficking vessel that posed an imminent threat to the United States. But that narrative has come increasingly into doubt in recent days.
In a statement on the resolution provided to The Intercept, Omar (D-Minn.) said:
There was no legal justification for the Trump administration’s military escalation in the Caribbean... It was not self-defense or authorized by Congress. That is why I am introducing a resolution to terminate hostilities against Venezuela, and against the transnational criminal organizations that the administration has designated as terrorists this year. All of us should agree that the separation of powers is crucial to our democracy, and that only Congress has the power to declare war.
Article I, Section 8 of the US Constitution gives Congress the "sole authority to declare war," but presidents have often carried out military actions without congressional approval, citing their role as commander-in-chief of the armed forces, particularly since the passage of the Authorization for Use of Military Force in 2001.
The War Powers Act of 1973 allows Congress to check the president's war-making authority, requiring the president to report military actions to Congress within 48 hours and requiring Congress to authorize the deployment of troops after 60 days.
Omar unveiled the resolution alongside several of her fellow members of the Congressional Progressive Caucus, including Chair Greg Casar (D-Texas) and caucus whip Rep. Jesús “Chuy” García (D-Ill.).
"Donald Trump cannot be allowed to drag the United States into another endless war with his reckless actions," Casar said. "It is illegal for the president to take the country to war without consulting the people's representatives, and Congress must vote now to stop Trump from putting us at further risk."
In the days following Trump's strike on the ship, the administration's narrative that it contained members of Venezuela's Tren de Aragua gang bound for the United States has been called into question by news reports and by those briefed by the Department of Defense, which the Trump administration recently rebranded as the "Department of War."
After his staff was briefed on Tuesday, Sen. Jack Reed (D-R.I.), the ranking member of the Senate Armed Services Committee, told CNN that the Pentagon has "offered no positive identification that the boat was Venezuelan, nor that its crew were members of Tren de Aragua or any other cartel."
While Trump has stated that the boat was en route to the US, the briefers themselves acknowledged that they could not determine its destination. Secretary of State Marco Rubio contradicted the president, saying "these particular drugs were probably headed to Trinidad or some other country in the Caribbean, at which point they just contribute to the instability these countries are facing."
The New York Times, meanwhile, reported Wednesday that the boat "had altered its course and appeared to have turned around before the attack started," which further contradicts the claim of imminent harm to the US.
“There is no evidence—none—that this strike was conducted in self-defense," Reed said. "That matters, because under both domestic and international law, the US military simply does not have the authority to use lethal force against a civilian vessel unless acting in self-defense.”
Even if the people aboard the boat were carrying drugs, as the administration claims, there is no legal precedent for the crime of drug trafficking justifying such an extraordinary use of military retaliation.
The White House has attempted to argue that the president has the legal authority to summarily kill suspected drug smugglers using an unprecedented legal rationale, which labels cartel members as tantamount to enemy combatants, who are allowed to be killed in war, because the product they carry causes thousands of deaths per year in the US. Legal analysts have described this as a flimsy pretext for extrajudicial murder.
Scott R. Anderson, a senior fellow in the National Security Law Program at Columbia Law School and a former legal adviser at the US State Department, wrote for the Lawfare blog:
There is no colorable statutory authority for military action against Tren de Aragua and other similarly situated groups. Occasional suggestions in the press that the Trump administration’s description of Tren de Aragua as a terrorist organization is meant to invoke the 2001 Authorization for the Use of Military Force (AUMF) are almost certainly mistaken: That authorization extends only to the perpetrators of the 9/11 attacks and select associates, and no one—not even in the Trump administration—has accused Tren de Aragua of being that.
Marty Lederman, who served as deputy assistant attorney general in the Department of Justice's Office of Legal Counsel from 2009 to 2010, wrote for Just Security:
Regardless of which laws might have been broken, what’s more alarming, and of greater long-term concern, is that U.S. military personnel crossed a fundamental line the Department of Defense has been resolutely committed to upholding for many decades—namely, that (except in rare and extreme circumstances not present here) the military must not use lethal force against civilians, even if they are alleged, or even known, to be violating the law."
The resolution introduced by Omar is the first seeking to restrain Trump's ability to launch military strikes against Venezuela. But it's not the first seeking to rein in his wide-ranging use of unilateral warmaking authority.
In June, following his launch of airstrikes against Iran, war powers resolutions introduced in the House and Senate to limit Trump's actions in the Middle East narrowly failed despite receiving some Republican support.
Though specific attempts to rein in Trump's power have failed, the House did pass a bipartisan resolution earlier this week to repeal the AUMFs issued by Congress in the lead-up to the Iraq War, and which presidents have used for over two decades to justify a wide range of military actions across the Middle East without congressional oversight.
If passed, Omar's measure would require Trump to obtain congressional approval before using military force against Venezuela or launching more strikes on transnational criminal organizations that he has designated as terrorist groups since February, including Tren de Aragua.
García, the Progressive Caucus whip, said the resolution was an effort to begin restoring Congress' authority to check a president operating with impunity.
"The extrajudicial strike against a vessel in the Caribbean Sea is only the most recent of Trump’s reckless, deadly, and illegal military actions. Now, he’s lawlessly threatening a region already profoundly impacted by the destabilization of U.S. actions,” said García. "With this War Powers Resolution, we emphasize the total illegality of his action, and— consistent with overwhelming public opposition to forever war—reclaim Congress' sole power to authorize military action.”
One commentator noted that Brazil's Supreme Court "refused to cave to imperialist threats" from the Trump administration.
Former Brazilian President Jair Bolsonaro was sentenced to over 27 years behind bars Thursday after four of five Supreme Court justices on a panel voted to convict the far-right leader and seven associates of plotting a military coup and assassination of current President Luiz Inácio Lula da Silva and other officials.
"This criminal case is almost a meeting between Brazil and its past, its present, and its future," said Justice Cármen Lúcia Antunes Rocha, on Thursday cast the third and decisive vote to convict the former president and seven co-plotters, referring in part to the two decades of US-backed military dictatorship, during which Bolsonaro served as an army paratrooper.
Lúcia joined Justices Flávio Dino, Cristiano Zanin, and Alexandre de Moraes—who, along with Lula and Brazilian Vice President Geraldo Alckmin were targeted for assassination by the plotters—in voting to convict the defendants of attempting to subvert Lula's victory in the 2022 presidential election.
The defendants—who in addition to Bolsonaro include army generals and former Defense Ministers Walter Braga Netto and Paulo Sérgio Nogueira de Oliveira; former Institutional Security Minister Augusto Heleno Ribiero; admiral and former Navy Commander Almir Garnier Santos; former Justice Minister Anderson Torres; and former presidential adviser Márcio Mirando—were found guilty of crimes including attempting a coup, involvement in an armed criminal organization, attempting the violent abolition of democratic rule of law, and aggravated damage of the state's assets.
Lt. Col. Mauro Cid, a former Bolsonaro aide who turned state's witness, was sentenced Thursday to two years of confinement under open conditions, the most lenient form of carceral punishment in the Brazilian justice system.
"The government wanted to remain in power by simply ignoring democracy—and that is what constitutes a coup d'état," Moraes said ahead of his vote on Tuesday. "The leader of the criminal group made it clear—publicly and in his own words—that he would never accept defeat at the ballot, a democratic loss in the elections, and that he would never abide by the will of the people."
Bolsonaro was sentenced to 27 years, 3 months in prison, with penalties for the other convicted defendants still uncertain as of Thursday evening. Bolsonaro, who is 70 years old, denies any wrongdoing. He is currently under house arrest and could remain there until after exhausting the appeals process. He is already banned from running for any office until 2030 due to his abuse of power related to baseless claims of electoral fraud.
Justice Luiz Fux voted Thursday to absolve Bolsonaro, asserting that there was "absolutely no proof" that the former president took part in or was even aware of the coup and assassination plot.
However, Lúcia argued that there was copious evidence indicating that Bolsonaro and his accomplices acted "with the purpose of eroding democracy and institutions."
"They acted to hijack the soul of the republic," she said. "The case files show a coordinated criminal enterprise by the defendants, who adopted the methods of a digital militia to attack the judiciary, the electoral system, and the electronic voting machines."
The landmark verdict came amid acute political polarization in Latin America's biggest democracy and threats from the office of US President Donald Trump to unleash American "military might" in defense of the "Trump of the Tropics," as Bolsonaro is often called. The Trump administration has already slapped 50% tariffs on Brazilian imports and has sanctioned Moraes.
US Secretary of State Marco Rubio responded to Thursday's developments by vowing on social media that "the United States will respond accordingly to this witch hunt."
Like Trump in 2020, Bolsonaro made many baseless allegations that his loss in the 2022 election was due to fraud, fueling lies and conspiracy theories that led to the January 8, 2023 mob attacks on government buildings. Around 1,500 Bolsonaro supporters were arrested in the days following the storming of Congress and the presidential offices.
While many right-wing Brazilians were outraged by the convictions, leftist lawmakers and others applauded what Lula's Workers' Party (PT) called "a historic moment for Brazil."
Brazilian Secretary of Institutional Affairs Gleisi Hoffmann (PT) said on social media, "The conviction of Jair Bolsonaro and his accomplices by the Federal Supreme Court expresses the vigor of democracy and national sovereignty."
"They were convicted in due legal process, based on compelling evidence of the crimes they committed," she continued. "It is a historic, unprecedented decision so that they may never again dare to attack the rule of law and the will of the people expressed at the ballot box."
"It is also the proud response of Brazil's judiciary to the economic sanctions and absurd coercion of the Donald Trump government, in conspiracy with the traitors to the homeland in the service of Bolsonaro," Hoffmann added. "Today... Brazil told the world that crimes against democracy are intolerable. And they are unforgivable."
Federal Deputy Talíria Petrone (Socialism and Liberty-Rio de Janeiro) called Thursday "the greatest day ever," while former colleague Jean Wyllys also hailed this "great day."
Erika Hilton, a Socialism and Liberty federal deputy representing São Paulo, taunted Bolsonaro with the prospect of a lengthy stay at a notorious maximum security penitentiary.
Federal Deputy Benedita da Silva (PT-Rio de Janeiro) said on social media that "democratic Brazil is proud and celebrating the firm decision" of the high court, "whose members suffered countless threats, including death threats, from the conspirators against the democratic rule of law."
Referring to the United States, da Silva praised the justices, who "did not bow to the threats to our sovereignty from the greatest external power."
"Now we have to defeat the amnesty coup of the convicted plotters that they are still trying to pass," she added, a reference to efforts by the right-wing Congress to pass clemency legislation for Bolsonaro. "No amnesty!"