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"The fact that Trump is railing against the PRESS Act tells us everything we need to know: He wants no shackles when it comes to attacking, intimidating, silencing the press," warned one legal expert.
Journalists and press freedom advocates this week responded to U.S. President-elect Donald Trump's attack on a proposed federal shield law with renewed calls for the Senate to pass the House-approved bill before he returns to office in January.
"REPUBLICANS MUST KILL THIS BILL!" Trump
said on his social media platform Wednesday, responding to a new "PBS News Hour" segment in which Jodie Ginsberg, CEO of the Committee to Protect Journalists (CPJ), discussed the proposal's importance.
The bipartisan Protect Reporters from Exploitative State Spying (PRESS) Act, which passed the House in January, would bar the federal government from forcing journalists and telecommunications companies to disclose certain information, to protect sources and reporting materials, with exceptions for threats of terrorism or imminent violence.
Several states have various shield laws, but advocates have long pushed for one at the federal level. Given Trump's long-standing hostility toward the press—which he has called "the enemy of the people"—there were fresh demands for Senate action after he won the presidential election earlier this month.
Those same voices have reacted with alarm to Trump's Truth Social post calling on the GOP to block the bill.
Noting that "Democratic administrations abused their powers to spy on journalists many times, too," Trevor Timm, executive director of Freedom of the Press Foundation, toldCNN that the president-elect should reconsider his position because "the PRESS Act protects conservative and independent journalists just as much as it does anyone in the mainstream press."
"The bipartisan PRESS Act will stop government overreach and protect the First Amendment once and for all," he said. Timm also highlighted that "much of the reporting Trump likes, from the Twitter files to stories poking holes in the Russiagate conspiracy, came from confidential sources," and the bill is backed by some of the incoming president's congressional allies.
For example, Congressman Jim Jordan (R-Ohio) and Sen. Mike Lee (R-Utah) "are champions of the PRESS Act because it would protect all journalists, including many who reach primarily conservative audiences," he said. "That's good for the public, whether they voted Republican or Democrat."
Earlier this week, before Trump weighed in, Sen. Ron Wyden (D-Ore.), the bill's lead sponsor in the upper chamber, publicly said that "I'll be pushing as hard as I can these next two months to pass my PRESS Act to protect journalists from government spying and surveillance. Anyone who cares about protecting journalism and a free press should contact their senators and ask them to support the bill."
Although the bill has some Republican backers in the Senate, there are also opponents, particularly on the Senate Judiciary Committee, where it has stalled. As The New York Timesdetailed Wednesday:
The committee, under the leadership of its chairman, Sen. Dick Durbin, Democrat of Illinois, has primarily been focused on approving as many of President [Joe] Biden's judicial nominees as it can before the session ends and Republicans take over leadership of the chamber next year.
The bill has also run into skepticism from several Republican senators, which makes it harder to bring it up for quick passage or to attach it to some other bill, like the Annual Defense Authorization Act.
According to congressional staff, the bill's primary adversary on the Judiciary Committee has been Sen. Tom Cotton of Arkansas, a hawkish Republican who gained public attention as an Army officer in 2006 while serving in Iraq by attacking The New York Times for its publication of an investigative article about a counterterrorism finances program. Another Republican committee member, Sen. John Cornyn of Texas, is also said to have expressed some reservations.
"The fact that Trump is railing against the PRESS Act tells us everything we need to know: He wants no shackles when it comes to attacking, intimidating, silencing the press," said David Kaye, a University of California, Irvine law professor.
"No criticism. No stories of corruption. Memory hole his crimes. Nothing," stressed Kaye, a former United Nations special rapporteur on the promotion and protection of the right to freedom of opinion and expression. "DEFEND DEMOCRACY AND PASS THE PRESS ACT NOW!"
As reporters and media defenders urge passage of the PRESS Act, many are also sounding the alarm over H.R. 9495, a bill that passed the House on Thursday and would empower the Treasury Department to strip nonprofit status from various organizations—including news outlets like Common Dreams—by accusing them of supporting terrorism without due process.
"Today is a dark day for free speech rights and freedom altogether. Make no mistake: The real intention of H.R. 9495 is to give the executive branch extra powers to suppress dissent," Free Press Action policy counsel Jenna Ruddock said in a statement after the House vote on the "nonprofit killer" bill.
"If it's signed into law, the legislation would have a widespread chilling effect not only on nonprofit groups but on the millions of people across the United States who rely on these organizations to help them engage in the political process and access crucial services," she warned. "The bill has dangerously broad statutory language that would allow the incoming Trump administration to interpret its authority in any number of harmful ways."
"Our taxpayer dollars should be used to fund education, housing, and healthcare for Americans, not to support the destruction of innocent lives abroad," said one advocacy leader "deeply saddened" by the votes.
The U.S. Senate on Wednesday refused to pass joint resolutions of disapproval proposed by Sen. Bernie Sanders that would prevent the sale of certain offensive American weaponry to Israel, which has killed nearly 44,000 Palestinians in Gaza since last fall.
S.J. Res. 111, S.J. Res. 113, and S.J. Res. 115 would have respectively blocked the sale of 120mm tank rounds, 120mm high-explosive mortar rounds, Joint Direct Attack Munitions (JDAMs), the guidance kits attached to "dumb bombs."
The first vote was
18-79, with Sen. Tammy Baldwin (D-Wis.) voting present and Sens. Mike Braun (R-Ind.) and JD Vance (R-Ohio)—the vice-president-elect—not voting. In addition to Sanders (I-Vt.), those in favor were: Sens. Dick Durbin (D-Ill.), Martin Heinrich (D-N.M.), Mazie Hirono (D-Hawaii), Tim Kaine (D-Va.), Angus King (I-Maine), Ben Ray Lujan (D-N.M.), Ed Markey (D-Mass.), Jeff Merkley (D-Ore.), Chris Murphy (D-Conn.), Jon Ossoff (D-Ga.), Brian Schatz (D-Hawaii), Jeanne Shaheen (D-N.H.), Tina Smith (D-Minn.), Chris Van Hollen (D-Md.), Raphael Warnock (D-Ga.), Elizabeth Warren (D-Mass.), and Peter Welch (D-Vt.).
The second vote was 19-78—Sen. George Helmy (D-N.J.) joined those voting for the resolution. The third vote was 17-80.
"What this extremist government has done in Gaza is unspeakable, but what makes it even more painful is that much of this has been done with U.S. weapons and American taxpayer dollars."
Ahead of the votes, Sanders took to the Senate floor to highlight that his resolutions were backed by over 100 groups, including pro-Israel J Street; leading labor organizations such as the Service Employees International Union, United Auto Workers, and United Electrical Workers; humanitarian groups like Amnesty International; and various faith organizations.
"I would also point out that poll after poll shows that a strong majority of the American people oppose sending more weapons and military aid to fund Netanyahu's war machine," the senator said, referring to Israeli Prime Minister Benjamin Netanyahu. "According to a poll commissioned by J Street... 62% of Jewish Americans support withholding weapons shipments to Israel until Netanyahu agrees to an immediate cease-fire."
In addition to stressing that his proposals would not affect any of the systems Israel uses to defend itself from incoming attacks, Sanders argued that "from a legal perspective, these resolutions are simple, straightforward, and not complicated. Bottom line: The United States government must obey the law—not a very radical idea. But unfortunately, that is not the case now."
"The Foreign Assistance Act and the Arms Export Control Act are very clear: The United States cannot provide weapons to countries that violate internationally recognized human rights or block U.S. humanitarian aid," he continued. "According to the United Nations, according to much of the international community, according to virtually every humanitarian organization on the ground in Gaza, Israel is clearly in violation of these laws."
To illustrate the devastating impact of Israel's assault on Gaza—which has led to a genocide case at the International Court of Justice—Sanders quoted from an October New York Timesopinion essay authored by American doctors who volunteered in Gaza. For example, Dr. Ndal Farah from Ohio said: "Malnutrition was widespread. It was common to see patients reminiscent of Nazi concentration camps with skeletal features."
Sanders said that "what this extremist government has done in Gaza is unspeakable, but what makes it even more painful is that much of this has been done with U.S. weapons and American taxpayer dollars. In the last year alone, the U.S. has provided $18 billion in military aid to Israel... and by the way, a few blocks from here, people are sleeping out on the street."
"We have also delivered more than 50,000 tons of military equipment to Israel," he added. "In other words... the United States of America is complicit in all of these atrocities. We are funding these atrocities. That complicity must end, and that is what these resolutions are about."
Merkley, Van Hollen, and Welch joined Sanders in speaking in favor of the resolutions on Wednesday. Members of both parties also spoke out against them: Senate Majority Leader Chuck Schumer (D-N.Y.) and Sens. Ted Budd (R-N.C.), Ben Cardin (D-Md.), Lindsey Graham (R-S.C.), John Kennedy (R-La.), James Risch (R-Idaho), and Jacky Rosen (D-Nev.).
Cardin quoted talking points from the White House that were reported on earlier Wednesday by HuffPost. The outlet detailed how officials in outgoing President Joe Biden's administration suggested that "lawmakers who vote against the arms are empowering American and Israeli foes from Iran to the militant groups Hamas and Hezbollah, which the U.S. treats as terror organizations."
Just hours before the Senate debate, the Biden administration vetoed a United Nations Security Council resolution calling for an immediate cease-fire in Gaza—the fourth time it has blocked such a measure at the world body since the Hamas-led October 7, 2023 attack on Israel.
After the Senate votes, groups that supported Sanders' resolutions expressed disappointment.
Wa'el Alzayat, CEO of the Muslim advocacy group Emgage Action, said in a statement that "we have a moral obligation to stand up for the people of Gaza and demand an end to the constant bombardment they face. I'm deeply saddened that our U.S. senators shot down the joint resolutions calling for a halt in weapons to Israel. Our taxpayer dollars should be used to fund education, housing, and healthcare for Americans, not to support the destruction of innocent lives abroad."
"Continuing to provide Israel with unrestricted military aid to attack innocent civilians in Gaza and Lebanon is a moral failure—one the American government will look back on in horror as the situation gets unimaginably worse," Alzayat added. "While the resolution did not pass this time, we will continue working with lawmakers and allies to advocate for legislation that promotes justice and adherence to international law."
While these resolutions did not advance to the House of Representatives, Demand Progress senior policy adviser Cavan Kharrazian noted that "never before have so many senators voted to restrict arms transfers to Israel, and we are extremely grateful to those who did. This historic vote represents a sea change in how elected Democrats feel about the Israeli military's campaign of death and destruction in Gaza."
"We have all seen with our own eyes the thousands of innocent civilians who have been killed, displaced, and starved by weapons paid for with U.S. tax dollars," Kharrazian said. "Now, almost half of the Senate Democratic caucus is backing up our collective outrage with their votes. Supporters of this destructive war will try to claim victory but even they know that today's vote proves that the movement to end the war is growing, across America and in Congress, and we won't stop."
Center for International Policy executive vice president Matt Duss, who formerly served as Sanders' foreign policy adviser, similarly welcomed the progress, commending those who voted in favor of the resolutions for having "the courage to stand up for U.S. law, the rights of civilians in conflict, and basic decency."
"As civilian deaths, displacement, and disease among Palestinians in Gaza mount alongside open calls for ethnic cleansing by Israeli officials, the Biden administration is not merely failing to act—it is actively enabling the Netanyahu government's war crimes," he continued. "Rather than taking steps to bolster democracy, rights, and rule of law at home and abroad in advance of [President-elect] Donald Trump's second term, President Biden and his top officials are spending their precious last days in office lobbying against measures to protect U.S. interests and vetoing otherwise unanimously supported resolutions in the United Nations Security Council that reflect its own stated policies."
"The lawmakers who stood on the right side of history today will be remembered for their leadership and humanity," he added. "The same cannot be said about President Biden and those who help him abet starvation and slaughter in Gaza."
Demonstrators called on Congress to invest in climate action, education, healthcare, housing, and jobs rather than arming Israel.
At least 44 people were reportedly arrested at the U.S. Capitol in Washington, D.C. on Tuesday for a protest over government complicity in Israel's assault on the Gaza Strip, as Congress prepares for key votes this week.
The demonstrators who descended on the Philip A. Hart Senate Office Building are "members of faith groups, moms, healthcare workers, educators, students, [and] veterans," according toZeteo reporter Prem Thakker.
Participants wore red T-shirts and unfurled banners—which footage on social media shows were snatched by police—urging Congress to fund climate action, education, healthcare, housing, and jobs, "not genocide." There were also messages pushing lawmakers to "stop arming Israel" and telling them it is "time to act."
Thakker reported that the protesters were calling on senators to support joint resolutions of disapproval (JRDs) that Sen. Bernie Sanders (I-Vt.) introduced in September and plans to bring to the floor for a vote on Wednesday.
The JRDs would block the sale of U.S. tank rounds, bomb kits, and other weapons to the Israeli government, which faces a genocide case at the International Court of Justice for an assault on Gaza that has killed at least 43,972 Palestinians.
So far just six other members of the chamber—Sens. Tim Kaine (D-Va.), Jeff Merkley (D-Ore.), Brian Schatz (D-Hawaii), Chris Van Hollen (D-Md.), Elizabeth Warren (D-Mass.), and Peter Welch (D-Vt.)—have signaled support for the resolutions.
Even if the JRDs were passed by the Senate, they would need to get through the Republican-held U.S. House of Representatives to reach President Joe Biden's desk—and if the Democrat vetoed them, an override requires two-thirds support in both chambers.
Citing Capitol Police, ABC News reporter Beatrice Peterson said Tuesday that "all 44 individuals arrested were charged with crowding, obstructing, and incommoding. Two of them were also charged with assault on a police officer."
Meanwhile, in Illinois, 13 members of Chicago's chapter of Jewish Voice for Peace (JVP) were arrested for shutting down Caterpillar's Business and Analytics Hub by blocking escalators and elevators.
"Caterpillar builds armored D9 bulldozers that the Israeli military uses in its genocidal campaign in Gaza and to demolish homes in the occupied West Bank," JVP Chicago said in a statement. "This protest comes at a historic moment: This week Congress is set to vote on legislation to block U.S. weapons sales to the Israeli government."
As the Chicago protesters were arrested, they called on Sen. Tammy Duckworth (D-Ill.) to support Sanders' resolutions.
The other upcoming congressional vote garnering attention from anti-genocide activists is H.R. 9495, which would empower the treasury secretary to strip organizations of their nonprofit status by labeling them terrorist supporters with no due process. Republicans are reviving the bill after it failed to pass the House via a fast-track procedure last week, despite bipartisan support.
JVP's national arm has called H.R. 9495 "dangerous and unconstitutional," and warned that it "would give the incoming Trump administration the power to unilaterally shut down nonprofit organizations it doesn't like."
"This bill is part and parcel of the MAGA assault on democracy and fundamental freedoms," JVP said, "and it must be defeated again."