theintercept--2020-06-15--GOP Money Flowing to Super PAC Backing Rep. Eliot Engel, Documents Show

The super PAC is called Americans for Tomorrow ’ s Future , following in the proud tradition of nonsensically named political action committees .
The connections to the GOP are apparent enough that the Center for Responsive Politics lists it as “ Republican/Conservative .
” The PAC ’ s treasurer , David Satterfield , is a former aide to one-time Republican Senate Leader Bill Frist .
Satterfield works now at Huckaby Davis Lisker , a prominent firm that does election compliance and accounting work for Republican campaigns .
This cycle , the firm is handling the accounts for the National @ @ @ @ @ @ @ Committee , and the campaign of Senate Majority Leader Mitch McConnell , among dozens of other GOP operations .
The congressman , who ’ s been in office for over three decades , is the chair of the House Foreign Relations Committee , where he has served since 1994 .
From that perch , he has been particularly conservative on policy toward Israel , even as the base of the Democratic Party moves leftward on the U.S.-Israel alliance .
Pro-Israel groups have contributed more than $ 1.3 million to Engel over the course @ @ @ @ @ @ @ pro-Israel PAC , is Engel ’ s second largest contributor this cycle , after the Pro-Israel America PAC , and has given his campaigns $ 132,509 throughout his career .
While Bowman ’ s campaign is focused on issues like health care , housing , education , and justice reform more than foreign policy , he would certainly be more progressive than Engel , whose loss would be a major blow to leading pro-Israel political groups .
Since cashing the Americans for Tomorrow ’ s Future check , DMFI has spent more than @ @ @ @ @ @ @ on TV , and with digital ads , mailers , and paid phone banking .
DMFI has not spent money on any other race since taking money from the GOP operation .
The PAC , presumably due to its visible Republican ties , is not spending directly in Engel ’ s New York primary .
Instead , it funneled $ 100,000 to another super PAC , called Democratic Majority for Israel , on May 27 .
DMFI , a controversial operation inside the Democratic coalition , spent heavily against Sen. Bernie Sanders in @ @ @ @ @ @ @ from the American Israel Public Affairs Committee , AIPAC , The Intercept reported in February .
Inbox from NORPAC , one of the wealthiest pro-Israel lobby groups : `` Eliot Engel 's race has shifted dramatically over the last week , and he is now in deep trouble and needs our help ! ''
Americans for Tomorrow ’ s Future all give heavily to Republican causes , and some give to Democrats as well .
Herbert Shear of Palm Beach , Florida , for instance , a longtime CEO of a logistics firm @ @ @ @ @ @ @ PAC , and has also maxed out to President Donald Trump , giving $ 35,000 to the Republican National Committee and $ 50,000 to the Trump Victory Committee .
Other major donors to ATF have similar giving histories ; the PAC has raised just over $ 600,000 from a handful of donors this cycle .
Recent donors to DMFI include Qualcomm co-founder Andrew Viterbi , who has given $ 195,000 this year , including a single contribution of $ 100,000 in March ; Linda C. Dresner , a philanthropist in Birmingham , Michigan @ @ @ @ @ @ @ and donates frequently to Democrats and Republicans , including Senate Majority Leader Mitch McConnell and Democratic Rep. Daniel Lipinski , contributed $ 100,000 in February ; and real estate executive Mark Rubin , president of Maric Inc. , a Boston firm , who gave $ 45,000 to DMFI in March and has given to Republicans and Democrats since the 1990s ( including Lipinski , Democratic Rep. Henry Cuellar , Texas Republican Sen. Ted Cruz , and former New Hampshire Republican Sen. Kelly Ayotte ) .
Engel is on the receiving end of nearly @ @ @ @ @ @ @ and counting , including funding from two other dark-money groups that can ’ t be traced .
One group is called Avacy Initiatives Inc. , and has reported spending roughly $ 120,000 so far to boost Engel , using the firm Red Mountain Media LLC , which has left precious little digital footprint .
The only other spending that dark-money group has done was in support of Teresa Leger Fernandez , who recently won a New Mexico congressional primary against Valerie Plame , who came under fire for a series of anti-Semitic Twitter @ @ @ @ @ @ @ Practical Inc. , has spent $ 180,000 in support of Engel .
It also spent on behalf of Leger Fernandez , and also uses Red Mountain Media LLC for its spending .
Both groups have the same treasurer on their founding documents , David Krone , the former chief of staff to former Democratic Senate Majority Leader Harry Reid .
While Krone ’ s affiliation implies that the money has roots in Democratic circles , the byzantine structure of the spending raises questions about the actual source of the money .
If Democrats @ @ @ @ @ @ @ who is strongly supportive of Israel in a primary , they have plenty of ways to do so — DMFI among them — and are not typically shy about doing so publicly .
But Republican spending in a primary can backfire , as Democratic primary voters reject the intervention by the opposing party .
Earlier this year , the revelation that Koch Industries money was backing Cuellar in his primary became a political handicap , and Cuellar attempted to deny it happened .
Cuellar defeated his primary opponent , insurgent Jessica Cisneros , @ @ @ @ @ @ @ Senate majority leader , kept warm relations with some major GOP donors , whose interest in supporting gambling legislation — such as billionaire Sheldon Adelson — coincided with Reid ’ s interest in supporting the business that fuels Las Vegas .
Adelson , who is generally toxic in Democratic circles , is one of the country ’ s most financially generous backers of pro-Israel politicians .
In late January , The Intercept reported , DMFI PAC ran $ 800,000 worth of negative ads in Iowa against Sanders ahead of the February 3 caucus @ @ @ @ @ @ @ allowing contributions from members to DMFI to count toward their AIPAC tier and related benefits .
AIPAC denied the arrangement , and a DMFI spokesperson said they had no knowledge of it .
A spokesperson for Engel ’ s campaign said they had no connection to Americans for Tomorrow ’ s Future , Perise Practical , or Avacy .
( Federal law bars political campaigns from coordinating with dark-money groups . )
“ Congressman Engel is endorsed by End Citizens United and authored a Constitutional Amendment to ban PACs , codify the Voting @ @ @ @ @ @ @ college , ” a spokesperson said in a statement .
“ He ’ s on the record as preferring a New York City style public financing system with matching funds.
” In her first House Democratic primary endorsement this cycle , Hillary Clinton backed Engel on Monday .
The Congressional Black Caucus PAC endorsed Engel in May .
Bowman has backing from Justice Democrats , which recently launched a super PAC , and has spent $ 500,000 supporting him on air .
The PAC doesn ’ t have to disclose its donors until @ @ @ @ @ @ @ not accepting corporate PAC or lobbyist money , and his campaign raised more $ 750,000 than this month , with more than 25,000 donations .
Bowman recently won endorsements from neighboring Rep. Alexandria Ocasio-Cortez , Sanders , the New York Times editorial board , and California Democratic Rep. Katie Porter .
Andom Ghebreghiorgis , a fellow local educator who dropped out of the race earlier this month , also gave his backing to Bowman .
The Democratic Socialists of America endorsed Bowman Monday .
Engel ’ s long , hawkish record and ties @ @ @ @ @ @ @ liability , particularly given the strength of his competition , but have also drawn big-money backers .
Engel admitted last month that he had not stepped foot in his district throughout the coronavirus pandemic .
Under pressure , he returned to the district , and just two weeks ago , with hot mics running , Bronx Borough President Ruben Diaz Jr. ran through a list of officials slated to speak at the press conference , a list that did not include Engel .
Engel pleaded for a spot , telling Diaz , twice @ @ @ @ @ @ @ have a primary , I wouldn ’ t care .
”

A Republican super PAC is funding an outside effort to help reelect Democratic Rep. Eliot Engel, locked in a tight primary against insurgent Jamaal Bowman.
The super PAC is called Americans for Tomorrow’s Future, following in the proud tradition of nonsensically named political action committees. The connections to the GOP are apparent enough that the Center for Responsive Politics lists it as “Republican/Conservative.” The PAC’s treasurer, David Satterfield, is a former aide to one-time Republican Senate Leader Bill Frist. Satterfield works now at Huckaby Davis Lisker, a prominent firm that does election compliance and accounting work for Republican campaigns. This cycle, the firm is handling the accounts for the National Republican Senatorial Committee, National Republican Congressional Committee, and the campaign of Senate Majority Leader Mitch McConnell, among dozens of other GOP operations.
The PAC, presumably due to its visible Republican ties, is not spending directly in Engel’s New York primary. Instead, it funneled $100,000 to another super PAC, called Democratic Majority for Israel, on May 27. DMFI, a controversial operation inside the Democratic coalition, spent heavily against Sen. Bernie Sanders in the Democratic presidential primary, with help from the American Israel Public Affairs Committee, AIPAC, The Intercept reported in February.
Since cashing the Americans for Tomorrow’s Future check, DMFI has spent more than $600,000 boosting Engel and hitting Bowman on TV, and with digital ads, mailers, and paid phone banking. DMFI has not spent money on any other race since taking money from the GOP operation.
The congressman, who’s been in office for over three decades, is the chair of the House Foreign Relations Committee, where he has served since 1994. From that perch, he has been particularly conservative on policy toward Israel, even as the base of the Democratic Party moves leftward on the U.S.-Israel alliance. Pro-Israel groups have contributed more than $1.3 million to Engel over the course of his career. NORPAC, another pro-Israel PAC, is Engel’s second largest contributor this cycle, after the Pro-Israel America PAC, and has given his campaigns $132,509 throughout his career. While Bowman’s campaign is focused on issues like health care, housing, education, and justice reform more than foreign policy, he would certainly be more progressive than Engel, whose loss would be a major blow to leading pro-Israel political groups.
NORPAC is now sounding the alarm about Engel’s race.
Inbox from NORPAC, one of the wealthiest pro-Israel lobby groups: "Eliot Engel's race has shifted dramatically over the last week, and he is now in deep trouble and needs our help!" — Alex Kane (@alexbkane) June 15, 2020
The donors to Americans for Tomorrow’s Future all give heavily to Republican causes, and some give to Democrats as well. Herbert Shear of Palm Beach, Florida, for instance, a longtime CEO of a logistics firm, has given $100,000 to the PAC, and has also maxed out to President Donald Trump, giving $35,000 to the Republican National Committee and $50,000 to the Trump Victory Committee. Other major donors to ATF have similar giving histories; the PAC has raised just over $600,000 from a handful of donors this cycle.
Recent donors to DMFI include Qualcomm co-founder Andrew Viterbi, who has given $195,000 this year, including a single contribution of $100,000 in March; Linda C. Dresner, a philanthropist in Birmingham, Michigan, who listed her occupation as homemaker and donates frequently to Democrats and Republicans, including Senate Majority Leader Mitch McConnell and Democratic Rep. Daniel Lipinski, contributed $100,000 in February; and real estate executive Mark Rubin, president of Maric Inc., a Boston firm, who gave $45,000 to DMFI in March and has given to Republicans and Democrats since the 1990s (including Lipinski, Democratic Rep. Henry Cuellar, Texas Republican Sen. Ted Cruz, and former New Hampshire Republican Sen. Kelly Ayotte).
Engel is on the receiving end of nearly $1 million of outside big money and counting, including funding from two other dark-money groups that can’t be traced. One group is called Avacy Initiatives Inc., and has reported spending roughly $120,000 so far to boost Engel, using the firm Red Mountain Media LLC, which has left precious little digital footprint.
The only other spending that dark-money group has done was in support of Teresa Leger Fernandez, who recently won a New Mexico congressional primary against Valerie Plame, who came under fire for a series of anti-Semitic Twitter posts.
Another dark-money group, Perise Practical Inc., has spent $180,000 in support of Engel. It also spent on behalf of Leger Fernandez, and also uses Red Mountain Media LLC for its spending. Both groups have the same treasurer on their founding documents, David Krone, the former chief of staff to former Democratic Senate Majority Leader Harry Reid.
While Krone’s affiliation implies that the money has roots in Democratic circles, the byzantine structure of the spending raises questions about the actual source of the money. If Democrats want to spend money supporting a Democrat who is strongly supportive of Israel in a primary, they have plenty of ways to do so — DMFI among them — and are not typically shy about doing so publicly. But Republican spending in a primary can backfire, as Democratic primary voters reject the intervention by the opposing party. Earlier this year, the revelation that Koch Industries money was backing Cuellar in his primary became a political handicap, and Cuellar attempted to deny it happened. Cuellar defeated his primary opponent, insurgent Jessica Cisneros, by 2,700 votes.
Reid, while Senate majority leader, kept warm relations with some major GOP donors, whose interest in supporting gambling legislation — such as billionaire Sheldon Adelson — coincided with Reid’s interest in supporting the business that fuels Las Vegas. Adelson, who is generally toxic in Democratic circles, is one of the country’s most financially generous backers of pro-Israel politicians.
In late January, The Intercept reported, DMFI PAC ran $800,000 worth of negative ads in Iowa against Sanders ahead of the February 3 caucus. AIPAC helped fund those ads, allowing contributions from members to DMFI to count toward their AIPAC tier and related benefits. AIPAC denied the arrangement, and a DMFI spokesperson said they had no knowledge of it.
A spokesperson for Engel’s campaign said they had no connection to Americans for Tomorrow’s Future, Perise Practical, or Avacy. (Federal law bars political campaigns from coordinating with dark-money groups.)
“Congressman Engel is endorsed by End Citizens United and authored a Constitutional Amendment to ban PACs, codify the Voting Rights Act, and abolish the electoral college,” a spokesperson said in a statement. “He’s on the record as preferring a New York City style public financing system with matching funds.” In her first House Democratic primary endorsement this cycle, Hillary Clinton backed Engel on Monday. The Congressional Black Caucus PAC endorsed Engel in May.
Bowman has backing from Justice Democrats, which recently launched a super PAC, and has spent $500,000 supporting him on air. The PAC doesn’t have to disclose its donors until well after the primary. Bowman is not accepting corporate PAC or lobbyist money, and his campaign raised more $750,000 than this month, with more than 25,000 donations.
Bowman recently won endorsements from neighboring Rep. Alexandria Ocasio-Cortez, Sanders, the New York Times editorial board, and California Democratic Rep. Katie Porter. Andom Ghebreghiorgis, a fellow local educator who dropped out of the race earlier this month, also gave his backing to Bowman. The Democratic Socialists of America endorsed Bowman Monday.
Engel’s long, hawkish record and ties to the defense industry has been a liability, particularly given the strength of his competition, but have also drawn big-money backers. Engel admitted last month that he had not stepped foot in his district throughout the coronavirus pandemic. Under pressure, he returned to the district, and just two weeks ago, with hot mics running, Bronx Borough President Ruben Diaz Jr. ran through a list of officials slated to speak at the press conference, a list that did not include Engel.
Engel pleaded for a spot, telling Diaz, twice, “If I didn’t have a primary, I wouldn’t care.”


theintercept--2020-06-15--Federal Judge Lambasts Amendment to Rename Confederate Bases as “Madness,” Gets Thoroughly Bodied By

Federal Judge Lambasts Amendment to Rename Confederate Bases as “Madness,” Gets Thoroughly Bodied By Clerk

renaming U.S. bases that currently honor Confederate officers broke out in the U.S. Court of Appeals in Washington , D.C. , on Monday .
But the argument was not in the courtroom ; rather , it was launched , and settled , over email .
In an email sent Circuit-wide on Sunday , Judge Laurence Silberman , a Reagan appointee , lambasted Sen. Elizabeth Warren , D-Mass.
, for her amendment to the National Defense Authorization Act requiring the military to strip the names of rebel officers from any military assets .
“ Since I am about to be interviewed @ @ @ @ @ @ @ unburden myself in opposition to the madness proposed by Senator Warren : the desecration of Confederate graves , ” Silberman wrote .
The interview Silberman referenced was part of a series of chats judges do , open only to court staff .
Silberman went on to explain that his great-grandfather had fought for the Union as part of Ulysses S. Grant ’ s army and was badly wounded at Shiloh , Tennessee .
His great-grandfather ’ s brother , meanwhile , joined the Confederate States Army and was captured at Gettysburg , Pennsylvania @ @ @ @ @ @ @ remember that Lincoln did not fight the war to free the Slaves Indeed he was willing to put up with slavery if the Confederate States Returned , ” he wrote ( lack of punctuation and errant capitalization in the original , and throughout ) .
“ My great great grandfather Never owned slaves as best I can tell.
” Silberman ’ s post , which went out widely to scores of Court staff and judges , sat unanswered over the next day , until the first volley was sent back not by a @ @ @ @ @ @ @ courtroom employees who work directly with judges to research and write their opinions .
“ Hi Judge Silberman , ” began the career-risking reply-all email , “ I am one of only five black law clerks in this entire circuit .
However , the views I express below are solely my own , ” they went on .
“ Since no one in the court ’ s leadership has responded to your message , I thought I would give it a try.
” [ M ] y maternal ancestors were enslaved in Mississippi @ @ @ @ @ @ @ viewed my ancestors as property , I view them as hostages .
In a hostage situation , when someone does something that leads to the freeing of the hostages , I am not sure if the hostages would be concerned as to whether the person that saved them , actually intended to save them .
In this instance , as people considered to be property , my ancestors would not have been involved in the philosophical and political debates about Lincoln ’ s true intentions , or his view on racial equality .
@ @ @ @ @ @ @ is not an abstract topic to be debated , so in my view anything that was built to represent white racial superiority , or named after someone who fought to maintain white supremacy ( or the Southern economy of slavery ) , see Photo of Liberty Monument attached , should be removed from high trafficked areas of prominence and placed in museums where they can be part of lessons that put them in context .
In your message , you talked about your ancestors , one that fought for the confederacy and one @ @ @ @ @ @ @ seems to be a true example of a house divided .
However , it is very clear what the Confederacy stood for .
In 1861 , at the Virginia secession convention , Henry L. Benning ( for whom Fort Benning is named ) in explaining the reasoning for Georgia ’ s decision to secede from the United States stated , “ [ it ] was a conviction … that a separation from the North was the only thing that could prevent the abolition of her slavery… [ I ] t is probable that @ @ @ @ @ @ @ every respect , may push the other back.
” Unfortunately , in this scenario , no matter how bravely your uncle fought for the Confederacy , the foundation of his fight was a decision that he agreed more with the ideals of the Confederacy , than he did with those of the Union .
And in the end , he chose the losing side of history .
Finally , I will note that the current movement to rename Government owned facilities is in line with your previous opinions on the importance of names @ @ @ @ @ @ @ , you publicly advocated for the removal of J. Edgar Hoover ’ s name from the FBI Building due to the problematic material you came across in your review of his FBI files after his death .
You equated it to the Defense Department being named for Aaron Burr .
In view of your opinion of J. Edgar Hoover ’ s history and your advocacy for renaming the FBI building because of the prominence it provides Hoover ’ s legacy , it is very strange that you would be against renaming our military @ @ @ @ @ @ @ Confederacy represents the same thing .
This moment of confronting our nation ’ s racial history is too big to be disregarded based on familial ties .
The correspondence was provided to The Intercept by a member of the Court staff on the condition the identity of the clerk ( who was not the source ) and judges who replied be kept confidential .
The ice broken , others weighed in , with two federal district judges , both of them black as well , replying all to thank the clerk for their @ @ @ @ @ @ @ do clean up for Silberman , noting that , while he couldn ’ t speak for Silberman , perhaps he only meant to refer to the possibility that the legislation may have applied not just to base names , but also to gravesites .
Indeed , during the debate over the amendment , which took place behind closed doors , Sen. Tom Cotton , R-Ark.
, offered an amendment that would exempt graves and monuments , a source familiar with the discussions said .
Warren pushed back , arguing that an exception for @ @ @ @ @ @ @ could become a loophole that undermined the requirement , but she agreed that there was no need to rename gravesites themselves .
The drowning Silberman lunged for the olive branch .
“ Thank you for your thoughtful message , ” he wrote the clerk in a reply all , saying the other judge ’ s interpretation was “ absolutely correct ; my concern was limited to cemeteries.
” Silberman didn ’ t explain why he needed to suggest the Civil War wasn ’ t really about slavery if he had such a minor @ @ @ @ @ @ @ to a message left at his chambers .
Two more judges weighed in on the clerk ’ s behalf as the afternoon went on .
“ Yes — thank you , ” wrote one district judge .
“ It also appears that Senator Warren ’ s amendment to the annual defense bill that seeks to rename certain Defense Department Assets has advanced in the Senate , and is receiving bipartisan support.
” “ I know it took courage to send such an email — I am grateful you shared your very important voice @ @ @ @ @ @ @ circuit court judge replied .
Warren followed a similar attack by President Donald Trump last week , when he referred to the Massachusetts senator as a “ seriously failed presidential candidate.
” The week before last , Warren privately filed an amendment to order the military to remove the names of Confederates , giving one year to form a commission and rename them .
The amendment was to be attached to the National Defense Authorization Act , a must-pass piece of legislation that is debated by senators behind closed doors .
Warren first @ @ @ @ @ @ @ but it wasn ’ t until the measure was being considered in executive session the next day that Trump began tweeting , presumably having been tipped off by somebody involved in the debate .
Cotton was the most vocal opponent of the amendment , but at least two Republicans on the committee , Sens .
Joni Ernst and Mike Rounds , were supportive , enough to give Warren the votes she needed .
It carried by voice vote .
Silberman ’ s rapid climb down shows how thoroughly progressives have won the debate @ @ @ @ @ @ @ art of the wedge amendment , like the one Warren introduced , is an ancient Senate tradition , even if its most effective practitioners in recent years have been Republicans , who have perfected the crafting of writing amendments designed to inflame racial and other social tensions .
Forcing Democrats to defend undocumented felons is a favorite ploy .
While progressive Democrats have little problem voting to support universal rights regardless of who it covers , those running in swing districts often balk or side with Republicans .
Democrats , far more of @ @ @ @ @ @ @ GOP , have struggled to turn cultural issues into a wedge to drive into the opposing party .
That more so reflects a lack of opportunity than some hesitation to use the tactic .
Now that LGBTQ rights are broadly accepted as a cultural norm , Democrats are only too happy to attack Republicans on the issue .
Last week , amid protests against systemic racism and police violence , Democrats found a new one , and exploited it to a rather remarkable political advantage over Trump .
On Monday evening , Politico @ @ @ @ @ @ @ secretary were both “ open ” to a bipartisan discussion about renaming 10 bases named after Confederate officers who betrayed their nation and led an insurrection against the United States in order to defend the institution of slavery .
Many , as well , are considered to have been poor military commanders , irrespective of their treason .
Perhaps most absurdly , one base , Fort Pickett , is named for the commander of the most disastrous charge of the war at the Battle of Gettysburg .
The fact that some 10 bases @ @ @ @ @ @ @ of a failed rebellion has long bubbled as a concern for those aware enough to make the connection between , say , the iconic Fort Bragg in North Carolina and Braxton Bragg , a major slave owner widely considered to be one of the worst Confederate generals in terms of sheer competence .
Rep. Gregory Meeks , D-N.Y. , has long advocated for stripping the names of rebels away from military bases .
Warren ’ s initial measure gave the military one year to make the change ; the amended version gives it @ @ @ @ @ @ @ Forts Bragg , Benning , Gordon , Pickett , A.P .
Hill , Lee , Polk , Beauregard , Hood , and Rucker , as well as any streets , ships , aircraft , or other assets named after rebel leaders .

The battle over renaming U.S. bases that currently honor Confederate officers broke out in the U.S. Court of Appeals in Washington, D.C., on Monday. But the argument was not in the courtroom; rather, it was launched, and settled, over email.
In an email sent Circuit-wide on Sunday, Judge Laurence Silberman, a Reagan appointee, lambasted Sen. Elizabeth Warren, D-Mass., for her amendment to the National Defense Authorization Act requiring the military to strip the names of rebel officers from any military assets.
“Since I am about to be interviewed I thought it would be appropriate to unburden myself in opposition to the madness proposed by Senator Warren: the desecration of Confederate graves,” Silberman wrote.
The interview Silberman referenced was part of a series of chats judges do, open only to court staff. Silberman went on to explain that his great-grandfather had fought for the Union as part of Ulysses S. Grant’s army and was badly wounded at Shiloh, Tennessee. His great-grandfather’s brother, meanwhile, joined the Confederate States Army and was captured at Gettysburg, Pennsylvania. “It’s important to remember that Lincoln did not fight the war to free the Slaves Indeed he was willing to put up with slavery if the Confederate States Returned,” he wrote (lack of punctuation and errant capitalization in the original, and throughout). “My great great grandfather Never owned slaves as best I can tell.”
Silberman’s post, which went out widely to scores of Court staff and judges, sat unanswered over the next day, until the first volley was sent back not by a fellow judge but by a clerk: courtroom employees who work directly with judges to research and write their opinions.
“Hi Judge Silberman,” began the career-risking reply-all email, “I am one of only five black law clerks in this entire circuit. However, the views I express below are solely my own,” they went on. “Since no one in the court’s leadership has responded to your message, I thought I would give it a try.”
[M]y maternal ancestors were enslaved in Mississippi. While the laws of this nation viewed my ancestors as property, I view them as hostages. In a hostage situation, when someone does something that leads to the freeing of the hostages, I am not sure if the hostages would be concerned as to whether the person that saved them, actually intended to save them. In this instance, as people considered to be property, my ancestors would not have been involved in the philosophical and political debates about Lincoln’s true intentions, or his view on racial equality. For them, and myself, race is not an abstract topic to be debated, so in my view anything that was built to represent white racial superiority, or named after someone who fought to maintain white supremacy (or the Southern economy of slavery), see Photo of Liberty Monument attached, should be removed from high trafficked areas of prominence and placed in museums where they can be part of lessons that put them in context. In your message, you talked about your ancestors, one that fought for the confederacy and one that fought for the Union. This seems to be a true example of a house divided. However, it is very clear what the Confederacy stood for. In 1861, at the Virginia secession convention, Henry L. Benning (for whom Fort Benning is named) in explaining the reasoning for Georgia’s decision to secede from the United States stated, “[it] was a conviction … that a separation from the North was the only thing that could prevent the abolition of her slavery…[I]t is probable that the white race, being superior in every respect, may push the other back.” Unfortunately, in this scenario, no matter how bravely your uncle fought for the Confederacy, the foundation of his fight was a decision that he agreed more with the ideals of the Confederacy, than he did with those of the Union. And in the end, he chose the losing side of history. Finally, I will note that the current movement to rename Government owned facilities is in line with your previous opinions on the importance of names and what they represent. In 2005, you publicly advocated for the removal of J. Edgar Hoover’s name from the FBI Building due to the problematic material you came across in your review of his FBI files after his death. You equated it to the Defense Department being named for Aaron Burr. In view of your opinion of J. Edgar Hoover’s history and your advocacy for renaming the FBI building because of the prominence it provides Hoover’s legacy, it is very strange that you would be against renaming our military facilities, since the legacy of the Confederacy represents the same thing. This moment of confronting our nation’s racial history is too big to be disregarded based on familial ties.
The correspondence was provided to The Intercept by a member of the Court staff on the condition the identity of the clerk (who was not the source) and judges who replied be kept confidential.
Photo: Wikimedia Commons
The ice broken, others weighed in, with two federal district judges, both of them black as well, replying all to thank the clerk for their thoughtful note. A third worked to do clean up for Silberman, noting that, while he couldn’t speak for Silberman, perhaps he only meant to refer to the possibility that the legislation may have applied not just to base names, but also to gravesites.
Indeed, during the debate over the amendment, which took place behind closed doors, Sen. Tom Cotton, R-Ark., offered an amendment that would exempt graves and monuments, a source familiar with the discussions said. Warren pushed back, arguing that an exception for monuments would be far too broad and could become a loophole that undermined the requirement, but she agreed that there was no need to rename gravesites themselves.
The drowning Silberman lunged for the olive branch. “Thank you for your thoughtful message,” he wrote the clerk in a reply all, saying the other judge’s interpretation was “absolutely correct; my concern was limited to cemeteries.” Silberman didn’t explain why he needed to suggest the Civil War wasn’t really about slavery if he had such a minor objection. Silberman did not immediately respond to a message left at his chambers.
Two more judges weighed in on the clerk’s behalf as the afternoon went on. “Yes — thank you,” wrote one district judge. “It also appears that Senator Warren’s amendment to the annual defense bill that seeks to rename certain Defense Department Assets has advanced in the Senate, and is receiving bipartisan support.”
“I know it took courage to send such an email — I am grateful you shared your very important voice and views with me,” a circuit court judge replied.
Silberman’s attack on Warren followed a similar attack by President Donald Trump last week, when he referred to the Massachusetts senator as a “seriously failed presidential candidate.”
Seriously failed presidential candidate, Senator Elizabeth “Pocahontas” Warren, just introduced an Amendment on the renaming of many of our legendary Military Bases from which we trained to WIN two World Wars. Hopefully our great Republican Senators won’t fall for this! — Donald J. Trump (@realDonaldTrump) June 11, 2020
The week before last, Warren privately filed an amendment to order the military to remove the names of Confederates, giving one year to form a commission and rename them. The amendment was to be attached to the National Defense Authorization Act, a must-pass piece of legislation that is debated by senators behind closed doors.
Warren first posted about her amendment on Tuesday, but it wasn’t until the measure was being considered in executive session the next day that Trump began tweeting, presumably having been tipped off by somebody involved in the debate.
Cotton was the most vocal opponent of the amendment, but at least two Republicans on the committee, Sens. Joni Ernst and Mike Rounds, were supportive, enough to give Warren the votes she needed. It carried by voice vote.
Silberman’s rapid climb down shows how thoroughly progressives have won the debate over Confederate monuments more broadly. The art of the wedge amendment, like the one Warren introduced, is an ancient Senate tradition, even if its most effective practitioners in recent years have been Republicans, who have perfected the crafting of writing amendments designed to inflame racial and other social tensions. Forcing Democrats to defend undocumented felons is a favorite ploy. While progressive Democrats have little problem voting to support universal rights regardless of who it covers, those running in swing districts often balk or side with Republicans.
Democrats, far more of a multiracial coalition than the mostly white GOP, have struggled to turn cultural issues into a wedge to drive into the opposing party. That more so reflects a lack of opportunity than some hesitation to use the tactic. Now that LGBTQ rights are broadly accepted as a cultural norm, Democrats are only too happy to attack Republicans on the issue.
Last week, amid protests against systemic racism and police violence, Democrats found a new one, and exploited it to a rather remarkable political advantage over Trump. On Monday evening, Politico reported that the Army secretary and defense secretary were both “open” to a bipartisan discussion about renaming 10 bases named after Confederate officers who betrayed their nation and led an insurrection against the United States in order to defend the institution of slavery. Many, as well, are considered to have been poor military commanders, irrespective of their treason. Perhaps most absurdly, one base, Fort Pickett, is named for the commander of the most disastrous charge of the war at the Battle of Gettysburg.
The fact that some 10 bases around the country are named for leaders of a failed rebellion has long bubbled as a concern for those aware enough to make the connection between, say, the iconic Fort Bragg in North Carolina and Braxton Bragg, a major slave owner widely considered to be one of the worst Confederate generals in terms of sheer competence. Rep. Gregory Meeks, D-N.Y., has long advocated for stripping the names of rebels away from military bases.
Warren’s initial measure gave the military one year to make the change; the amended version gives it three years. It would apply to Forts Bragg, Benning, Gordon, Pickett, A.P. Hill, Lee, Polk, Beauregard, Hood, and Rucker, as well as any streets, ships, aircraft, or other assets named after rebel leaders.


theintercept--2020-06-15--This Hurricane Season, the Coronavirus Pandemic Is Complicating Disaster Response Plans

to a hurricane , residents of high-risk areas may find themselves subject to evacuation orders .
Some travel to other states that fall outside the storm ’ s projected path , while others stay with friends and family who live in higher-elevation homes .
Many people flock to shelters prepared by the Federal Emergency Management Agency and its state and local counterparts .
Volunteers pitch in to assist with first aid and essential supplies like food and toilet paper .
The coronavirus pandemic — and the attendant social distancing guidelines and stay-at-home orders — has upended hurricane planning protocol for @ @ @ @ @ @ @ that started on June 1 .
The National Oceanic and Atmospheric Administration predicted in May this season will be “ above-normal , ” with as many as six major hurricanes expected .
To put this in perspective : The agency predicted two to four major storms in 2019 , and three in 2018 .
Major storms are those classified as Category 3 or higher , with winds of at least 111 miles per hour , and are guaranteed to yield significant destruction and death .
It ’ s the first time in U.S. @ @ @ @ @ @ @ to take into account social distancing , and the first time every state and territory has simultaneously declared a “ major disaster ” — a designation that allows them to access millions in federal funds and assistance from FEMA .
“ This is very uncharted territory , ” said Lauren Sauer , an assistant professor of Emergency Medicine at Johns Hopkins , where she studies disaster response and how disasters impact health care infrastructure .
“ Almost everything we ’ re doing is new , and we ’ re already seeing shortages on @ @ @ @ @ @ @ government is projecting an air of confidence .
In a recent briefing FEMA Administrator Pete Gaynor told the president his agency is ready to handle the challenges of hurricane season and Covid-19 , noting they ’ re “ more than fully funded ” thanks to an extra $ 40 billion allocated from recent pandemic appropriations , on top of the $ 40 billion FEMA typically begins hurricane season with .
The agency also put out guidance last month on how leaders should plan to navigate the next few months .
“ FEMA is @ @ @ @ @ @ @ customized response that meets the mission need while minimizing the potential for COVID-19 exposure , ” a spokesperson told The Intercept .
Like many workplaces around the country , FEMA has had to adapt to teleworking in light of the pandemic , and those adjustments will extend to hurricane response as well .
In its recent hurricane guidance , the agency said it ’ s expecting “ many aspects ” of disaster response could be operated remotely .
In an email , a FEMA spokesperson said that includes inspection processes , preliminary damage @ @ @ @ @ @ @ , and increased public communications through internet and social media platforms .
“ Depending on the needs of a particular disaster , it may still be necessary to send Disaster Survivor Assistance teams , search and rescue , damage assessment teams or communications technicians into a disaster area , ” the spokesperson said .
When asked how FEMA will provide remote services if internet and cell service is no longer available , the spokesperson said they coordinate with industry partners and federal agencies to provide “ temporary communications solutions ” if the traditional @ @ @ @ @ @ @ experts and some members of Congress are less sanguine about the federal government ’ s readiness .
Last week Democrats on the House Subcommittee on the Environment sent a letter to FEMA criticizing its hurricane guidance as lacking important details and noted staffing shortages the agency is facing .
The “ available personnel qualified to lead field operations has fallen from 44 to 19 , staff members have been pulled from responding to other disasters , training centers have been shuttered , and new employee recruitment efforts are on hold , ” they @ @ @ @ @ @ @ Security Department inspector general report from March that reported FEMA lacked “ a coherent strategy ” for using advanced contracting during Hurricane Maria , and a Government Accountability Office report that documented FEMA ’ s challenges in responding to hurricanes and wildfires in 2017 .
The lawmakers requested a virtual hearing with Gaynor by June 22 to discuss FEMA ’ s plans for navigating Covid-19 and natural disasters , including tornadoes , wildfires , and hurricanes .
government deliberates , states and cities have been taking steps to consider how they might plan @ @ @ @ @ @ @ .
Officials are hoping to screen evacuees with temperatures checks , to require masks , and to isolate anyone with symptoms .
“ States will most likely need to identify more sheltering capacity [ than normal ] , ” said Brant Mitchell , the director of the Louisiana State University ’ s Stephenson Disaster Management Institute .
“ One potential solution may be contracting with hotels due to decline in hotel capacity resulting from stay-at-home orders .
Typically during disasters that is not an option for the state but may be a consideration @ @ @ @ @ @ @ ” Another challenge is that often during hurricane season , many who lack the means to physically evacuate the state in an emergency make plans to shelter with a neighbor or friend whose house may be on higher ground .
With coronavirus , though , there may be less willingness among individuals to let people crash in their home .
“ The base elevation of our house is 9 feet so we ’ re completely safe from flooding and storm surge , and I ’ m pretty sure we ’ d be able @ @ @ @ @ @ @ possible hurricane , ” said Hugh Gladwin , a retired Florida International University sociologist and anthropologist who studies hurricane evacuations .
“ We have a guest bedroom and we could take two people in , but I ’ m elderly , I have a heart condition , and I have to be certain they don ’ t have Covid-19 because I would croak.
” Gladwin said he ’ s making plans with two friends who live in a condo on the Miami coastline but acknowledged it requires a higher level of trust and @ @ @ @ @ @ @ hurricane experts are expecting less volunteer assistance both from within state and out-of-state due to coronavirus .
“ Typically we ’ ve relied on volunteers from the American Red Cross and partners from Division of Social Services and a lot of those volunteers are what you would classify as high risk population , ” explained Mike Sprayberry , North Carolina ’ s director of Emergency Management , in a recent interview with ABC11 .
“ We had 35-40 states that provided us with assistance during [ 2018 ’ s Hurricane ] Florence .
@ @ @ @ @ @ @ to have to be aware that we ’ re not going to be able to count on assets from other states like we would have in the past.
” Experts say evacuations could be a mess , particularly for vulnerable populations .
And while such events are always challenging , public health officials recognize that a call to evacuate during a pandemic could confuse people who have heard for months that the safest thing they could do was to stay home and social distance .
“ There will be a good chance some @ @ @ @ @ @ @ from getting Covid than the hurricane and they need to understand that if an evacuation order is issued , it ’ s incredibly important that they leave , ” said Sauer .
Gladwin said he ’ s worried about highway gridlock while a Category 3 , 4 , or 5 hurricane goes over vehicles .
“ We ’ ve had almost no experience with that , just because we ’ ve gotten lucky , ” he said .
“ We would have that with Irma ” — a Category 4 hurricane that hit @ @ @ @ @ @ @ stayed on its original trajectory.
” In New Orleans , where many residents lack the means to evacuate themselves , Mitchell said Louisiana typically contracts with roughly 600 commercial buses to transport people to state-operated shelters and shelters in other states .
“ Due to social distancing requirements a commercial bus that may be able to transport 60 passengers may only be able to transport half that capacity or less , ” he explained .
“ This will require either additional buses or moving the evacuation timeline up significantly to allow the buses @ @ @ @ @ @ @ states will welcome evacuees if they ’ re coming from a city that had a large outbreak is another area of uncertainty .
I ’ m “ not sure what the answer is but it is certainly something the state has to be prepared for , ” Mitchell said .
In many ways , the states that frequently get hurricanes and are bracing for more severe ones this year may be somewhat better positioned than states that have less experience planning for and dealing with them .
In Florida ’ s Miami-Dade County @ @ @ @ @ @ @ mailed a hurricane readiness handbook to all homes in early June that included instructions on making plans amid the pandemic .
“ I think we ’ ll make it through here in Florida , but I am extremely worried about other parts of the country , ” said Gladwin .
“ Here we are in good shape in terms of hospital capacity , but take a state like Georgia or the Carolinas .
If they ’ re still on their wave of coronavirus infections going up and their hospitals need more capacity , @ @ @ @ @ @ @ Mitchell agreed that Louisiana might also be better positioned and noted state officials started planning for shelter capacity and evacuation routes back in April .
“ The state will be as prepared as they can for a major hurricane making landfall in [ Louisiana ] during this pandemic , ” he said .
Sauer says the most important thing the federal government could be doing right now is scaling up its emergency response workforce , planning ahead for transportation , and working to contain Covid-19 .
“ I think more attention should be @ @ @ @ @ @ @ states are reopening and we ’ re still seeing a ton of hotspots , ” she said .
“ We need to use public health interventions to keep those cases low .
”

In the lead-up to a hurricane, residents of high-risk areas may find themselves subject to evacuation orders. Some travel to other states that fall outside the storm’s projected path, while others stay with friends and family who live in higher-elevation homes. Many people flock to shelters prepared by the Federal Emergency Management Agency and its state and local counterparts. Volunteers pitch in to assist with first aid and essential supplies like food and toilet paper.
The coronavirus pandemic — and the attendant social distancing guidelines and stay-at-home orders — has upended hurricane planning protocol for the 2020 season, a five-month period that started on June 1. The National Oceanic and Atmospheric Administration predicted in May this season will be “above-normal,” with as many as six major hurricanes expected. To put this in perspective: The agency predicted two to four major storms in 2019, and three in 2018. Major storms are those classified as Category 3 or higher, with winds of at least 111 miles per hour, and are guaranteed to yield significant destruction and death.
It’s the first time in U.S. history that hurricane season planning will have to take into account social distancing, and the first time every state and territory has simultaneously declared a “major disaster” — a designation that allows them to access millions in federal funds and assistance from FEMA.
“This is very uncharted territory,” said Lauren Sauer, an assistant professor of Emergency Medicine at Johns Hopkins, where she studies disaster response and how disasters impact health care infrastructure. “Almost everything we’re doing is new, and we’re already seeing shortages on essential supplies.”
For now the federal government is projecting an air of confidence. In a recent briefing FEMA Administrator Pete Gaynor told the president his agency is ready to handle the challenges of hurricane season and Covid-19, noting they’re “more than fully funded” thanks to an extra $40 billion allocated from recent pandemic appropriations, on top of the $40 billion FEMA typically begins hurricane season with. The agency also put out guidance last month on how leaders should plan to navigate the next few months. “FEMA is prepared to address unique disasters with a customized response that meets the mission need while minimizing the potential for COVID-19 exposure,” a spokesperson told The Intercept.
Like many workplaces around the country, FEMA has had to adapt to teleworking in light of the pandemic, and those adjustments will extend to hurricane response as well. In its recent hurricane guidance, the agency said it’s expecting “many aspects” of disaster response could be operated remotely. In an email, a FEMA spokesperson said that includes inspection processes, preliminary damage assessments, coordinating meetings with government officials, and increased public communications through internet and social media platforms. “Depending on the needs of a particular disaster, it may still be necessary to send Disaster Survivor Assistance teams, search and rescue, damage assessment teams or communications technicians into a disaster area,” the spokesperson said.
When asked how FEMA will provide remote services if internet and cell service is no longer available, the spokesperson said they coordinate with industry partners and federal agencies to provide “temporary communications solutions” if the traditional infrastructure is degraded. Still, independent experts and some members of Congress are less sanguine about the federal government’s readiness.
Last week Democrats on the House Subcommittee on the Environment sent a letter to FEMA criticizing its hurricane guidance as lacking important details and noted staffing shortages the agency is facing. The “available personnel qualified to lead field operations has fallen from 44 to 19, staff members have been pulled from responding to other disasters, training centers have been shuttered, and new employee recruitment efforts are on hold,” they wrote. The letter cited a Homeland Security Department inspector general report from March that reported FEMA lacked “a coherent strategy” for using advanced contracting during Hurricane Maria, and a Government Accountability Office report that documented FEMA’s challenges in responding to hurricanes and wildfires in 2017. The lawmakers requested a virtual hearing with Gaynor by June 22 to discuss FEMA’s plans for navigating Covid-19 and natural disasters, including tornadoes, wildfires, and hurricanes.
While the federal government deliberates, states and cities have been taking steps to consider how they might plan for evacuation shelters while maintaining social distancing. Officials are hoping to screen evacuees with temperatures checks, to require masks, and to isolate anyone with symptoms. “States will most likely need to identify more sheltering capacity [than normal],” said Brant Mitchell, the director of the Louisiana State University’s Stephenson Disaster Management Institute. “One potential solution may be contracting with hotels due to decline in hotel capacity resulting from stay-at-home orders. Typically during disasters that is not an option for the state but may be a consideration due to the circumstances of the lockdowns.”
Another challenge is that often during hurricane season, many who lack the means to physically evacuate the state in an emergency make plans to shelter with a neighbor or friend whose house may be on higher ground. With coronavirus, though, there may be less willingness among individuals to let people crash in their home.
“The base elevation of our house is 9 feet so we’re completely safe from flooding and storm surge, and I’m pretty sure we’d be able to survive OK even during the worst possible hurricane,” said Hugh Gladwin, a retired Florida International University sociologist and anthropologist who studies hurricane evacuations. “We have a guest bedroom and we could take two people in, but I’m elderly, I have a heart condition, and I have to be certain they don’t have Covid-19 because I would croak.” Gladwin said he’s making plans with two friends who live in a condo on the Miami coastline but acknowledged it requires a higher level of trust and coordination than is typical.
Relatedly, hurricane experts are expecting less volunteer assistance both from within state and out-of-state due to coronavirus. “Typically we’ve relied on volunteers from the American Red Cross and partners from Division of Social Services and a lot of those volunteers are what you would classify as high risk population,” explained Mike Sprayberry, North Carolina’s director of Emergency Management, in a recent interview with ABC11. “We had 35-40 states that provided us with assistance during [2018’s Hurricane] Florence. … We’re pretty much going to have to be aware that we’re not going to be able to count on assets from other states like we would have in the past.”
Photo: Brendan Smialowski/AFP/Getty Images
Experts say evacuations could be a mess, particularly for vulnerable populations. And while such events are always challenging, public health officials recognize that a call to evacuate during a pandemic could confuse people who have heard for months that the safest thing they could do was to stay home and social distance.
“There will be a good chance some might assess that their risk is higher from getting Covid than the hurricane and they need to understand that if an evacuation order is issued, it’s incredibly important that they leave,” said Sauer.
Gladwin said he’s worried about highway gridlock while a Category 3, 4, or 5 hurricane goes over vehicles. “We’ve had almost no experience with that, just because we’ve gotten lucky,” he said. “We would have that with Irma” — a Category 4 hurricane that hit in 2017 — “if Irma had stayed on its original trajectory.”
In New Orleans, where many residents lack the means to evacuate themselves, Mitchell said Louisiana typically contracts with roughly 600 commercial buses to transport people to state-operated shelters and shelters in other states. “Due to social distancing requirements a commercial bus that may be able to transport 60 passengers may only be able to transport half that capacity or less,” he explained. “This will require either additional buses or moving the evacuation timeline up significantly to allow the buses to make multiple trips.” And whether states will welcome evacuees if they’re coming from a city that had a large outbreak is another area of uncertainty. I’m “not sure what the answer is but it is certainly something the state has to be prepared for,” Mitchell said.
Do you have a coronavirus story you want to share? Email us at coronavirus@theintercept.com or use one of these secure methods to contact a reporter.
In many ways, the states that frequently get hurricanes and are bracing for more severe ones this year may be somewhat better positioned than states that have less experience planning for and dealing with them. In Florida’s Miami-Dade County, for example, the local government mailed a hurricane readiness handbook to all homes in early June that included instructions on making plans amid the pandemic.
“I think we’ll make it through here in Florida, but I am extremely worried about other parts of the country,” said Gladwin. “Here we are in good shape in terms of hospital capacity, but take a state like Georgia or the Carolinas. If they’re still on their wave of coronavirus infections going up and their hospitals need more capacity, that could be a big problem.”
Mitchell agreed that Louisiana might also be better positioned and noted state officials started planning for shelter capacity and evacuation routes back in April. “The state will be as prepared as they can for a major hurricane making landfall in [Louisiana] during this pandemic,” he said.
Sauer says the most important thing the federal government could be doing right now is scaling up its emergency response workforce, planning ahead for transportation, and working to contain Covid-19. “I think more attention should be paid right now to where all these states are reopening and we’re still seeing a ton of hotspots,” she said. “We need to use public health interventions to keep those cases low.”


theintercept--2020-06-15--Supreme Court Upholds Trans People’s Workplace Protections — but Trans Lives Remain Under Constant T

Supreme Court Upholds Trans People’s Workplace Protections — but Trans Lives Remain Under Constant Threat

fires an individual merely for being gay or transgender defies the law , ” wrote Supreme Court Justice Neil Gorsuch in his majority opinion on Monday .
“ It is so ordered.
” And with that , during Pride Month , the nation ’ s highest court delivered a surprising but necessary blow to the Trump administration ’ s efforts to erase basic workplace protections afforded to lesbian , bisexual , gay , queer , transgender , nonbinary , and gender-nonconforming individuals under law .
In a six to three vote , the conservative court ’ s ruling affirms that @ @ @ @ @ @ @ of 1964 — which bars employment discrimination based on race , religion , national origin , and sex — applies to LGBTQ workers .
The government , under President Donald Trump and on behalf of the religious right , has waged consistent war against already imperiled trans lives , often with the aid of Supreme Court ’ s conservative justices .
Monday ’ s rightful landmark decision was thus far from expected .
Its significance can not be overstated .
“ We won because so many people changed the world by existing , @ @ @ @ @ @ @ Chase Strangio , on Twitter , soon after learning of the court ’ s decision .
Strangio worked on one of the cases covered in the ruling , representing Aimee Stephens , who was fired from her job at a suburban Detroit funeral home after coming out as a trans woman to her employer .
Stephens died just last month , at the age of 59 , from complications of kidney failure .
The court ’ s decision applies to two historic cases concerning the protections of LBGTQ workers .
In each case @ @ @ @ @ @ @ a most cynical and twisted application of legal logic , to decimate the standards of sex discrimination law .
The fact that even the right-wing Gorsuch ruled against the Trump administration speaks to the infirmity of the government ’ s arguments .
The first case concerned Stephens ’ s firing ; the second related to two suits filed by gay men who were fired after their sexual orientation became known to their employers .
In both instances , the issue before the court was statutory , rather than constitutional : a question of @ @ @ @ @ @ @ Or , more accurately , the cases were about how far the government was willing to go to misconstrue and twist the meaning of Title VII protections , by arguing that discrimination “ because of sex ” does not include discrimination based on sexual orientation or gender identity .
The administration ’ s line here flew in the face of decades of case law , which recognized anti-LGBTQ discrimination as a form of sex discrimination .
As Strangio said last year , at the time the cases ’ oral arguments went before the @ @ @ @ @ @ @ to situate trans protections in the legal framework of sex discrimination because “ you can ’ t actually describe a trans-ness without thinking about sex as a category.
” It is undeniable that firing someone because they are LGBTQ is a decision made on assumptions about the way individuals belonging to a presumed , given sex are expected to live and behave .
The government ’ s response was to argue for more discrimination .
That is , they posited that an employer does not violate Title VII protections so long as they @ @ @ @ @ @ @ , firing a gender-nonconforming woman as readily as they would fire a gender-nonconforming man .
With regards to homophobic discrimination , the Justice Department stated , “ An employer who discriminates against employees in same-sex relationships thus does not violate Title VII as long as it treats men in same-sex relationships the same as women in same-sex relationships.
” Monday ’ s ruling makes clear : This crass logic holds no legal weight .
If it had gone the other way , advocates were readying for a fight to get specific LGBTQ protections @ @ @ @ @ @ @ does not need to pass another federal law to affirm protections for LGBTQ workers : They are covered by Title VII as it stands .
however , does not mean that LGBTQ and , more specifically , trans rights are assured .
We have seen this just in the past week , amid other attempts by the administration to roll back trans rights .
The Supreme Court ruling came on the heels of new regulations put forward by the Trump administration that aim to roll back Obama-era health care protections for trans people @ @ @ @ @ @ @ Supreme Court just obviated , the Department of Health and Human Services said that it would only recognize “ sex discrimination according to the plain meaning of the word ‘ sex ’ as male or female and as determined by biology.
” Announced on the anniversary of the 2016 Pulse nightclub massacre , the new rules served as yet another chilling threat to trans lives .
Yet , in terms of legality , Strangio said that Monday ’ s Supreme Court decision essentially voids the administration ’ s efforts to discriminate using these @ @ @ @ @ @ @ Twitter that the new rules are “ based on an interpretation of sex under federal law , ” and that “ the courts decide not Trump .
Today the highest court just decided.
” There should be no doubt , however , that anti-trans discrimination and violence remain firmly embedded in American life .
Transgender individuals experience unemployment at a rate three times higher than that of the cisgender population ; for trans people of color , the rate is four times higher .
Trans women of color face no less than an @ @ @ @ @ @ @ ’ s decision to uphold civil rights law Monday — crucial as it is — does not end that .
Last week alone , two black trans women were murdered : Riah Milton in Liberty Township , Ohio , and Dominique “ Rem ’ mie ” Fells in Philadelphia .
They are believed to be the 13th and 14th transgender or gender-nonconforming murder victims in the U.S. this year , although that is certainly an undercount .
Federal law enforcement has recorded a spike in hate crimes relating to gender identity in the @ @ @ @ @ @ @ fill the streets of cities and towns with righteous anti-racist , anti-policing marches and rallies , it can not be forgotten that trans people are seven times more likely to experience physical violence when interacting with the police than non-trans people .
According to a 2011 report from the National Center for Transgender Equality , nearly half of all Black transgender people have been incarcerated .
The state commits and sanctions an obscene degree of violence against trans and gender-nonconforming communities of color .
New video released last week , on the anniversary @ @ @ @ @ @ @ Rikers Island , revealed that the trans woman , who was held in solitary confinement on minor charges because she could not afford $ 500 bail , was left to die by prison staff .
Polanco died of an epileptic seizure ; Rikers staffers , who waited over an hour and a half before calling for medical help , were not found to be criminally responsible .
On Sunday , over 15,000 people filled the expansive plaza and roadway in front of the Brooklyn Museum for New York ’ s Black Trans Lives @ @ @ @ @ @ @ the crowd dazzled in the bright afternoon sun .
Polanco ’ s smiling face was held high on numerous homemade posters .
Her sister , Melanie Brown , spoke to the rally .
“ Black trans lives matter , ” she said .
“ My sister ’ s life mattered .
All of the loved ones we have lost , all of these beautiful girls that we have lost .
Their lives matter .
We have to protect them.
” As Strangio said of Monday ’ s Supreme Court victory , “ We @ @ @ @ @ @ @ fought and died for us to live and fight .
”

Photo: Chip Somodevilla/Getty Images
“An employer who fires an individual merely for being gay or transgender defies the law,” wrote Supreme Court Justice Neil Gorsuch in his majority opinion on Monday. “It is so ordered.” And with that, during Pride Month, the nation’s highest court delivered a surprising but necessary blow to the Trump administration’s efforts to erase basic workplace protections afforded to lesbian, bisexual, gay, queer, transgender, nonbinary, and gender-nonconforming individuals under law.
In a six to three vote, the conservative court’s ruling affirms that Title VII of the Civil Rights Act of 1964 — which bars employment discrimination based on race, religion, national origin, and sex — applies to LGBTQ workers. The government, under President Donald Trump and on behalf of the religious right, has waged consistent war against already imperiled trans lives, often with the aid of Supreme Court’s conservative justices. Monday’s rightful landmark decision was thus far from expected. Its significance cannot be overstated.
The government, under President Donald Trump and on behalf of the religious right, has waged consistent war against already imperiled trans lives.
“We won because so many people changed the world by existing,” wrote American Civil Liberties Union attorney Chase Strangio, on Twitter, soon after learning of the court’s decision. Strangio worked on one of the cases covered in the ruling, representing Aimee Stephens, who was fired from her job at a suburban Detroit funeral home after coming out as a trans woman to her employer. Stephens died just last month, at the age of 59, from complications of kidney failure.
The court’s decision applies to two historic cases concerning the protections of LGBTQ workers. In each case, the government was aiming, with a most cynical and twisted application of legal logic, to decimate the standards of sex discrimination law. The fact that even the right-wing Gorsuch ruled against the Trump administration speaks to the infirmity of the government’s arguments.
The first case concerned Stephens’s firing; the second related to two suits filed by gay men who were fired after their sexual orientation became known to their employers. In both instances, the issue before the court was statutory, rather than constitutional: a question of interpreting the 1964 Civil Rights Act. Or, more accurately, the cases were about how far the government was willing to go to misconstrue and twist the meaning of Title VII protections, by arguing that discrimination “because of sex” does not include discrimination based on sexual orientation or gender identity.
The administration’s line here flew in the face of decades of case law, which recognized anti-LGBTQ discrimination as a form of sex discrimination. As Strangio said last year, at the time the cases’ oral arguments went before the court, it is “intuitive” to situate trans protections in the legal framework of sex discrimination because “you can’t actually describe a trans-ness without thinking about sex as a category.” It is undeniable that firing someone because they are LGBTQ is a decision made on assumptions about the way individuals belonging to a presumed, given sex are expected to live and behave.
The government’s response was to argue for more discrimination. That is, they posited that an employer does not violate Title VII protections so long as they discriminate across the board — for example, firing a gender-nonconforming woman as readily as they would fire a gender-nonconforming man. With regards to homophobic discrimination, the Justice Department stated, “An employer who discriminates against employees in same-sex relationships thus does not violate Title VII as long as it treats men in same-sex relationships the same as women in same-sex relationships.”
Monday’s ruling makes clear: This crass logic holds no legal weight. If it had gone the other way, advocates were readying for a fight to get specific LGBTQ protections passed on Capitol Hill. But Congress does not need to pass another federal law to affirm protections for LGBTQ workers: They are covered by Title VII as it stands.
The court’s decision, however, does not mean that LGBTQ and, more specifically, trans rights are assured. We have seen this just in the past week, amid other attempts by the administration to roll back trans rights.
The Supreme Court ruling came on the heels of new regulations put forward by the Trump administration that aim to roll back Obama-era health care protections for trans people. Using the same logic that the Supreme Court just obviated, the Department of Health and Human Services said that it would only recognize “sex discrimination according to the plain meaning of the word ‘sex’ as male or female and as determined by biology.” Announced on the anniversary of the 2016 Pulse nightclub massacre, the new rules served as yet another chilling threat to trans lives.
Yet, in terms of legality, Strangio said that Monday’s Supreme Court decision essentially voids the administration’s efforts to discriminate using these sorts of regulations. He noted on Twitter that the new rules are “based on an interpretation of sex under federal law,” and that “the courts decide not Trump. Today the highest court just decided.”
There should be no doubt, however, that anti-trans discrimination and violence remain firmly embedded in American life. Transgender individuals experience unemployment at a rate three times higher than that of the cisgender population; for trans people of color, the rate is four times higher. Trans women of color face no less than an epidemic of deadly brutality. The court’s decision to uphold civil rights law Monday — crucial as it is — does not end that.
Last week alone, two black trans women were murdered: Riah Milton in Liberty Township, Ohio, and Dominique “Rem’mie” Fells in Philadelphia. They are believed to be the 13th and 14th transgender or gender-nonconforming murder victims in the U.S. this year, although that is certainly an undercount. Federal law enforcement has recorded a spike in hate crimes relating to gender identity in the Trump era.
“Black trans lives matter. My sister’s life mattered. All of the loved ones we have lost, all of these beautiful girls that we have lost. Their lives matter.”
As protesters continue to fill the streets of cities and towns with righteous anti-racist, anti-policing marches and rallies, it cannot be forgotten that trans people are seven times more likely to experience physical violence when interacting with the police than non-trans people. According to a 2011 report from the National Center for Transgender Equality, nearly half of all Black transgender people have been incarcerated.
The state commits and sanctions an obscene degree of violence against trans and gender-nonconforming communities of color. New video released last week, on the anniversary of Layleen Polanco’s death on Rikers Island, revealed that the trans woman, who was held in solitary confinement on minor charges because she could not afford $500 bail, was left to die by prison staff. Polanco died of an epileptic seizure; Rikers staffers, who waited over an hour and a half before calling for medical help, were not found to be criminally responsible.
On Sunday, over 15,000 people filled the expansive plaza and roadway in front of the Brooklyn Museum for New York’s Black Trans Lives Matter rally. Participants wore white; the crowd dazzled in the bright afternoon sun. Polanco’s smiling face was held high on numerous homemade posters. Her sister, Melanie Brown, spoke to the rally. “Black trans lives matter,” she said. “My sister’s life mattered. All of the loved ones we have lost, all of these beautiful girls that we have lost. Their lives matter. We have to protect them.”
As Strangio said of Monday’s Supreme Court victory, “We won because Black and Brown trans people fought and died for us to live and fight.”


theintercept--2020-06-15--Protesters, Here's How to Set Up a Cheap Burner Phone

to the streets to demand justice for the victims of police brutality and homicide , you may want to leave your phone at home .
No matter how peaceful your behavior , you are at risk of getting arrested or assaulted by police .
Cops might confiscate your phone and search it regardless of whether or not they ’ re legally allowed to , or they might try to break it , especially if it contains photos or video of their violent or illegal actions .
At the same time , it ’ s a good idea to bring a @ @ @ @ @ @ @ record what ’ s happening and get the message out on social media .
Filming police is completely legal and within your rights , and it ’ s one of the few tools citizens have against police brutality .
It ’ s also important to be able to communicate with others in real time or to find your friends in case you get separated .
To reconcile this tension — between wanting to protect your privacy and wanting to digitally document protests and police misdeeds — the safest option is to leave your @ @ @ @ @ @ @ amount of private information about you , at home and instead bring a specially prepared burner phone to protests .
I discuss how to do this at length below , and in the video above .
I bought a Nokia 1.3 smartphone for $ 99 , as well as three months of prepaid phone service for $ 40 .
If this is too expensive for you , you may have other options : • If you have an old phone collecting dust in a drawer , as long as it still works and @ @ @ @ @ @ @ you can use this as your burner phone rather than buying a new one .
You just need a new SIM card , like one that comes with prepaid cell service .
Make sure to factory reset the phone before getting ready to protest .
• There are even cheaper phones and prepaid service options than the ones I chose , and these can work fine as well .
• If you want to avoid paying for phone service for your second phone , depending on your current cell phone provider and what @ @ @ @ @ @ @ may be able to remove the SIM card from your main phone and insert it into your burner phone , and then put it back after the protest .
This will cause all calls and texts to temporarily go to your burner phone instead of your main one .
You ’ ll want to make sure the SIM card slot on the second phone can accommodate the size of the SIM card you have on your primary phone .
If a separate burner phone still isn ’ t an option and you decide @ @ @ @ @ @ @ , here are some steps to take to make it safer and less likely for your private data to end up in the hands of the police : • Disable fingerprint and face unlock , and instead require typing a passcode or password to unlock your phone .
This makes it take longer to get into your phone , but it also makes it considerably harder for police to get in without your consent .
• Make sure your passcode or password is not easily guessable .
If you ’ re using a @ @ @ @ @ @ @ least 6 digits , but longer is better .
• Set up a SIM PIN , which prevents police from removing the SIM card from your phone and inserting it into another , which would allow them to take over your phone number .
Here are iPhone instructions and Android instructions for doing this .
If you set a SIM PIN , you ’ ll need to type it every time you reboot your phone in addition to your passcode .
• If you ’ re using Android , make sure your phone @ @ @ @ @ @ @ iPhones have encrypted storage ) .
On most Android phones , you can look in the Settings app , under Security > “ Encrypt phone ” to find phone encryption settings .
• Disable every smartphone feature that isn ’ t necessary like Wi-Fi , Bluetooth , and location services .
You can also keep your phone in airplane mode when you don ’ t need to use the network .
This will make your phone leak less information that police can use to track you .
The Markup published some good steps @ @ @ @ @ @ @ into a protest , and the Electronic Frontier Foundation has a good guide as well .
There are additional tips for non-burner phones in a video I made with my colleague Lauren Feeney in 2017 , “ How to Protect Your Privacy at a Protest.
” The main criteria for picking out a cheap burner phone is cost , which means iPhones are out .
You may be able to find an old or refurbished iPhone for around $ 200 , but Android phones can do the job just as well for much @ @ @ @ @ @ @ low-end Android phones to be riddled with security issues that never get fixed , so the next criteria is finding a phone that supports the latest security updates .
With this in mind , I settled on the Nokia 1.3 , which I bought for $ 99 on Amazon .
This phone was released in March 2020 , and it comes with the latest version of Android ( the Go edition for low-end devices ) .
It seems to have a good battery life and a decent camera , which is about all @ @ @ @ @ @ @ .
I was also looking for a cheap prepaid phone plan and ended up choosing Mint Mobile .
I ordered a SIM card that comes with 3 months of service , also on Amazon , for $ 40 .
I ’ m using this phone and this phone service , but these steps should be similar no matter what model phone or phone service provider you go with .
Everyone who is serious about digital security should be using a password manager .
Password managers are apps that create and store passwords for @ @ @ @ @ @ @ , random passwords without needing to memorize them .
All your passwords are saved in an encrypted vault , and you unlock them using a single passphrase that you do memorize .
The process of setting up this burner phone requires keeping track of a bunch of passwords , so if you ’ re not already using one , you should set one up first .
Some good options are Bitwarden , KeePassXC , LastPass , and 1Password .
When you ’ re setting up your burner phone , you ’ ll want @ @ @ @ @ @ @ password manager : • Any other PINs or login information related to your phone Setting Up and Locking Down the Nokia 1.3 or Other Android Phone Watch the video for a complete tutorial on configuring the Nokia 1.3 to get ready to bring to a protest .
Much of the advice applies to other up-to-date Android phones .
The tutorial steps include : • Creating a burner Google account to go along with the burner phone • Installing system updates , and adjusting all of the Android settings to be as secure , @ @ @ @ @ @ @ as possible • Installing and configuring the Signal app , and adding the contacts you ’ ll need during the protest to the device in such a way that they don ’ t get uploaded to the cloud • Setting up Google Photos to automatically upload photos and videos to the cloud , so that you ’ ll be able to recover them from another device even if police confiscate or break your phone I also went to a Black Lives Matter protest in Oakland , California , to field test this burner @ @ @ @ @ @ @ footage that I took so you can see the quality of the camera .
You also need to take additional steps to stay anonymous at a protest , such as wearing nondescript clothes , covering your face ( you should be doing this anyway since we ’ re in the middle of a global coronavirus pandemic ) , covering tattoos , and making a plan to avoid license plate readers or using public transit cards that can track your movements .
Keeping yourself completely anonymous while using a burner phone for protests is @ @ @ @ @ @ @ Instead , these steps present a middle ground where it ’ s more difficult , but not impossible , for police to learn your identity , and if they confiscate and search your burner phone , they ’ ll gain access to far less private information about your life , your friends , and your activism than if they had confiscated your primary phone .
Each time you ’ re preparing to go to a protest , it ’ s important to know exactly what you ’ ll be bringing with you .
@ @ @ @ @ @ @ your burner phone : Don ’ t bring a laptop , a smartwatch ( sorry , your steps won ’ t count ) , USB sticks , or anything else .
And if you ’ re planning on using your burner phone to bring to different protests , make sure to delete all your photos and videos from the burner phone after copying them to another device , and to delete any Signal conversations from previous protests , before you head out .
It ’ s always safest to go to protests with @ @ @ @ @ @ @ .
You should put the phone numbers of everyone you know who will be at the protest in your burner phone in case you need to contact them .
If your friends are bringing burner phones of their own , put their burner numbers in your contacts .
You should also make sure you know who to call in case you get arrested .
Protest organizers should provide attendees with a legal support phone number , often run by an organization like the National Lawyers Guild .
You should write this phone number @ @ @ @ @ @ @ .
If you get arrested , the police will confiscate your phone so you won ’ t be able to look it up there .
You ’ ll want to call this number from jail in order to get legal support .
And it ’ s important to keep in mind that the coronavirus pandemic is still ongoing .
Make sure to bring a face mask and hand sanitizer , and attempt to social distance when you can to avoid spreading the virus .
It ’ s also always a good idea to @ @ @ @ @ @ @ matter what cops might tell you , it ’ s completely legal to film them in public .
Filming the police is one of the few tools citizens have to force accountability on them .
If it weren ’ t for people filming police brutality on their cellphones , we wouldn ’ t have nearly so much evidence of widespread systemic racism within American police forces .
It ’ s good to share photos and videos from protests on social media , but you should also be mindful of the wishes of other @ @ @ @ @ @ @ allowed to film anything in a public gathering , it ’ s respectful to ask permission before taking photos of people ’ s faces .
If you ’ re paying for enough mobile data , you may want to configure Google Photos to automatically upload all photos and videos you take to the cloud .
This way if police confiscate or damage your phone during the protest , you ’ ll be able to log in to your burner Google account from another device to access your media later on .
Be aware @ @ @ @ @ @ @ Photos are not encrypted , meaning Google will be able to provide them to authorities if subpoenaed .
If You Get Arrested Even if you ’ re peaceful and aren ’ t breaking any laws , police might arrest you at a protest .
If you can tell that you ’ re about to get arrested , and it ’ s safe to do so , power off your phone .
This makes it a lot harder for cops to get into your phone .
Police do not have the right to search @ @ @ @ @ @ @ get a warrant .
If an officer asks you to unlock your phone , or if they grab your phone from your hands while it ’ s unlocked , tell them : “ I do not consent to a search of my phone .
I want to talk to a lawyer.
” ( It ’ s OK if you don ’ t have a lawyer yet , you should still say this . )
They may confiscate your phone and illegally search it anyway , but it ’ s best to make it @ @ @ @ @ @ @ ’ t consent .
It ’ s also possible that cops might try to steal or break your phone , especially if they noticed you filming them being violent .
If any of this happens , at least it will just be your cheap burner phone with minimal data on it rather than an expensive phone full of private information about your life and your activism .

If you’re taking to the streets to demand justice for the victims of police brutality and homicide, you may want to leave your phone at home. No matter how peaceful your behavior, you are at risk of getting arrested or assaulted by police. Cops might confiscate your phone and search it regardless of whether or not they’re legally allowed to, or they might try to break it, especially if it contains photos or video of their violent or illegal actions.
At the same time, it’s a good idea to bring a phone to a protest so you can record what’s happening and get the message out on social media. Filming police is completely legal and within your rights, and it’s one of the few tools citizens have against police brutality. It’s also important to be able to communicate with others in real time or to find your friends in case you get separated.
To reconcile this tension — between wanting to protect your privacy and wanting to digitally document protests and police misdeeds — the safest option is to leave your primary phone, which contains a massive amount of private information about you, at home and instead bring a specially prepared burner phone to protests.
I discuss how to do this at length below, and in the video above.
What if I Can’t Afford a Burner Phone?
I bought a Nokia 1.3 smartphone for $99, as well as three months of prepaid phone service for $40. If this is too expensive for you, you may have other options:
If you have an old phone collecting dust in a drawer, as long as it still works and the battery still holds a charge, you can use this as your burner phone rather than buying a new one. You just need a new SIM card, like one that comes with prepaid cell service. Make sure to factory reset the phone before getting ready to protest.
There are even cheaper phones and prepaid service options than the ones I chose, and these can work fine as well.
If you want to avoid paying for phone service for your second phone, depending on your current cell phone provider and what types of phones you have, you may be able to remove the SIM card from your main phone and insert it into your burner phone, and then put it back after the protest. This will cause all calls and texts to temporarily go to your burner phone instead of your main one. You’ll want to make sure the SIM card slot on the second phone can accommodate the size of the SIM card you have on your primary phone.
If a separate burner phone still isn’t an option and you decide you need to bring your primary phone, here are some steps to take to make it safer and less likely for your private data to end up in the hands of the police:
Disable fingerprint and face unlock, and instead require typing a passcode or password to unlock your phone. This makes it take longer to get into your phone, but it also makes it considerably harder for police to get in without your consent.
Make sure your passcode or password is not easily guessable. If you’re using a numeric passcode, it should be at least 6 digits, but longer is better.
Set up a SIM PIN, which prevents police from removing the SIM card from your phone and inserting it into another, which would allow them to take over your phone number. Here are iPhone instructions and Android instructions for doing this. If you set a SIM PIN, you’ll need to type it every time you reboot your phone in addition to your passcode.
If you’re using Android, make sure your phone’s storage is encrypted (all iPhones have encrypted storage). On most Android phones, you can look in the Settings app, under Security > “Encrypt phone” to find phone encryption settings.
Disable every smartphone feature that isn’t necessary like Wi-Fi, Bluetooth, and location services. You can also keep your phone in airplane mode when you don’t need to use the network. This will make your phone leak less information that police can use to track you.
The Markup published some good steps to take before bringing your primary phone into a protest, and the Electronic Frontier Foundation has a good guide as well.
There are additional tips for non-burner phones in a video I made with my colleague Lauren Feeney in 2017, “How to Protect Your Privacy at a Protest.”
Picking Out a Burner Phone
The main criteria for picking out a cheap burner phone is cost, which means iPhones are out. You may be able to find an old or refurbished iPhone for around $200, but Android phones can do the job just as well for much less. It’s common for low-end Android phones to be riddled with security issues that never get fixed, so the next criteria is finding a phone that supports the latest security updates.
With this in mind, I settled on the Nokia 1.3, which I bought for $99 on Amazon. This phone was released in March 2020, and it comes with the latest version of Android (the Go edition for low-end devices). It seems to have a good battery life and a decent camera, which is about all that’s required for this phone.
I was also looking for a cheap prepaid phone plan and ended up choosing Mint Mobile. I ordered a SIM card that comes with 3 months of service, also on Amazon, for $40.
Photo: Micah Lee
I’m using this phone and this phone service, but these steps should be similar no matter what model phone or phone service provider you go with.
Using a Password Manager
Everyone who is serious about digital security should be using a password manager. Password managers are apps that create and store passwords for you, allowing you to use strong, random passwords without needing to memorize them. All your passwords are saved in an encrypted vault, and you unlock them using a single passphrase that you do memorize.
The process of setting up this burner phone requires keeping track of a bunch of passwords, so if you’re not already using one, you should set one up first. Some good options are Bitwarden, KeePassXC, LastPass, and 1Password.
When you’re setting up your burner phone, you’ll want to save the following information in your password manager:
Username and password for prepaid mobile service account
Username and password for burner Google account
PIN for unlocking the phone
PIN for Signal
Any other PINs or login information related to your phone
Setting Up and Locking Down the Nokia 1.3 or Other Android Phone
Watch the video for a complete tutorial on configuring the Nokia 1.3 to get ready to bring to a protest. Much of the advice applies to other up-to-date Android phones. The tutorial steps include:
Inserting the prepaid Mint Mobile SIM card and activating cell phone service
Creating a burner Google account to go along with the burner phone
Installing system updates, and adjusting all of the Android settings to be as secure, and to leak as little data, as possible
Installing and configuring the Signal app, and adding the contacts you’ll need during the protest to the device in such a way that they don’t get uploaded to the cloud
Installing social media apps
Setting up Google Photos to automatically upload photos and videos to the cloud, so that you’ll be able to recover them from another device even if police confiscate or break your phone
I also went to a Black Lives Matter protest in Oakland, California, to field test this burner phone. The video includes photos and footage that I took so you can see the quality of the camera.
Photo: Micah Lee
A Note About Anonymity
If you carry a phone with you, you don’t have location privacy. Police are able to use devices called cell-site simulators, also known as Stingrays or IMSI-catchers, to monitor and collect data from all phones at a protest. Additionally, telecom and tech companies collect their own vast location databases from phones, and this sort of data is not possible to anonymize.
https://twitter.com/stuartathompson/status/1267459593275346944
Using a burner phone can help with this problem, especially if you leave it powered off or in airplane mode except when you need to use it. But if you actually want to make sure your burner phone isn’t connected to your identity in any way, you have to do a lot more work:
You have to buy the phone and phone service in person using cash instead of online, and pick a carrier that allows you to activate service without asking for identification.
Whenever you need to use the internet — first on your computer to activate your phone service, and then on your burner phone to install updates and apps — you need to do so anonymously by using Tor Browser or a public Wi-Fi network that’s far from your home.
You should never have your primary phone and your burner phone powered on in the same place at the same time, and you should never power on your burner phone at your house.
If they search your burner, they’ll gain access to far less information about your life, your friends, and your activism.
You also need to take additional steps to stay anonymous at a protest, such as wearing nondescript clothes, covering your face (you should be doing this anyway since we’re in the middle of a global coronavirus pandemic), covering tattoos, and making a plan to avoid license plate readers or using public transit cards that can track your movements.
Keeping yourself completely anonymous while using a burner phone for protests is outside the scope of this article. Instead, these steps present a middle ground where it’s more difficult, but not impossible, for police to learn your identity, and if they confiscate and search your burner phone, they’ll gain access to far less private information about your life, your friends, and your activism than if they had confiscated your primary phone.
Before the Protest
Each time you’re preparing to go to a protest, it’s important to know exactly what you’ll be bringing with you. Leave all electronics at home except for your burner phone: Don’t bring a laptop, a smartwatch (sorry, your steps won’t count), USB sticks, or anything else. And if you’re planning on using your burner phone to bring to different protests, make sure to delete all your photos and videos from the burner phone after copying them to another device, and to delete any Signal conversations from previous protests, before you head out.
It’s always safest to go to protests with a buddy or a group of friends. You should put the phone numbers of everyone you know who will be at the protest in your burner phone in case you need to contact them. If your friends are bringing burner phones of their own, put their burner numbers in your contacts.
You should also make sure you know who to call in case you get arrested. Protest organizers should provide attendees with a legal support phone number, often run by an organization like the National Lawyers Guild. You should write this phone number on your skin with a permanent marker. If you get arrested, the police will confiscate your phone so you won’t be able to look it up there. You’ll want to call this number from jail in order to get legal support.
And it’s important to keep in mind that the coronavirus pandemic is still ongoing. Make sure to bring a face mask and hand sanitizer, and attempt to social distance when you can to avoid spreading the virus. It’s also always a good idea to bring a bottle of water.
During the Protest
No matter what cops might tell you, it’s completely legal to film them in public. Filming the police is one of the few tools citizens have to force accountability on them. If it weren’t for people filming police brutality on their cellphones, we wouldn’t have nearly so much evidence of widespread systemic racism within American police forces.
It’s good to share photos and videos from protests on social media, but you should also be mindful of the wishes of other protesters. While you’re legally allowed to film anything in a public gathering, it’s respectful to ask permission before taking photos of people’s faces.
If you’re paying for enough mobile data, you may want to configure Google Photos to automatically upload all photos and videos you take to the cloud. This way if police confiscate or damage your phone during the protest, you’ll be able to log in to your burner Google account from another device to access your media later on. Be aware, however, that pictures in Google Photos are not encrypted, meaning Google will be able to provide them to authorities if subpoenaed.
If You Get Arrested
Even if you’re peaceful and aren’t breaking any laws, police might arrest you at a protest. If you can tell that you’re about to get arrested, and it’s safe to do so, power off your phone. This makes it a lot harder for cops to get into your phone.
Police do not have the right to search your phone without your consent unless they get a warrant. If an officer asks you to unlock your phone, or if they grab your phone from your hands while it’s unlocked, tell them: “I do not consent to a search of my phone. I want to talk to a lawyer.” (It’s OK if you don’t have a lawyer yet, you should still say this.) They may confiscate your phone and illegally search it anyway, but it’s best to make it clear at the moment that you don’t consent.
It’s also possible that cops might try to steal or break your phone, especially if they noticed you filming them being violent. If any of this happens, at least it will just be your cheap burner phone with minimal data on it rather than an expensive phone full of private information about your life and your activism.