theintercept--2020-07-21--As Trump Threatens Secret Police Deployment Nationwide, Democrats Debate Expanding Surveillance Powe

As Trump Threatens Secret Police Deployment Nationwide, Democrats Debate Expanding Surveillance Powers and New Money for DHS

But the debate over the government ’ s surveillance power is happening in a shroud of confusion , as lawmakers are unclear precisely what the intelligence community currently considers legal , given the classified nature of the operations .
Leaked Republican talking points suggest the intelligence community is pushing for legal blessing of dragnet surveillance , and the ability to use the data caught up in those dragnets — not to buttress existing investigations with a warrant but to begin new ones .
“ What you ’ re seeing is this giant Trump administration machine deputize every arm of government @ @ @ @ @ @ @ expense of democracy and the Constitution , so there aren ’ t traditional boundaries anymore for any of those pieces of legislation , ” Jayapal said .
“ Every argument is about , do you want to give more tools to the Trump administration to destroy our Constitution ?
” House Democratic leaders , however , are considering lumping in DHS funding with appropriations for the departments of Labor and Health and Human Services , making it more difficult for progressive Democrats to oppose .
Rep. Pramila Jayapal , D-Wash. , said that @ @ @ @ @ @ @ not bring up the bill at all or to break it off from Labor-HHS and allow for a separate vote .
The rogue deployment of secret federal police forces in Portland , Oregon , has added a new complication to negotiations over reauthorizing the Trump administration ’ s vast surveillance powers and appropriating new money for the Department of Homeland Security .
In March , a sweeping set of government authorities to monitor people in the United States expired , and Congress continues to debate what limits should be put on such powers @ @ @ @ @ @ @ is debating its next DHS funding bill , with the Congressional Progressive Caucus pushing leadership not to bring it up for a vote given Trump ’ s abuse of power and DHS agents ’ role in a Portland arrest .
The GOP talking points , first obtained by Gizmodo and passed out by the Senate Judiciary Committee , suggest that investigators could use “ Internet data as a starting point ” in launching an investigation .
That ’ s a radical departure from what is understood to be legal and would allow the @ @ @ @ @ @ @ on , for instance , every person who visited a website sympathetic to protests in Portland , then begin to surveil each of those people , hunting for a crime that could justify an arrest — an arrest that could then be carried out by unidentified federal troops driving unmarked vans .
The talking point most concerning to civil liberties advocates was built around a hypothetical case involving a bomb builder : “ Without this other information to build a probable cause case , this amendment hamstrings the Government from pursuing the bomb-builder @ @ @ @ @ @ @ point.
” On Tuesday , Sens .
Pat Leahy , D-Vt. , and Mike Lee , R-Utah , sent a letter to Attorney General William Barr and Director of National Intelligence John Ratcliffe demanding assurance that the government is no longer conducting surveillance under the expired authorities , and asking whether the government believes it has authority to conduct such surveillance absent the legislation .
The letter includes a reference to an extra-legal mass data collection project Barr himself authorized within the Drug Enforcement Administration when he was serving as attorney general under @ @ @ @ @ @ @ so much of the intelligence activity implicated by the legislation lies behind a veil of classification , lawmakers are left to rewrite the rules by piecing together clues .
This leaked point is perhaps the most significant clue that the intelligence services are pursuing the ability to perform warrantless , dragnet searches — or are already doing so .
Combined with the Trump administration ’ s willingness to deploy unmarked federal police forces against the will of state and local authorities , the push for expanded surveillance authority is alarming to civil liberties @ @ @ @ @ @ @ coexist with secret police in a free society .
Both are inherently problematic and dangerous , but together the threat is immeasurable .
It ’ s hard to escape that conclusion , ” said Sean Vitka , senior policy counsel with the group Demand Progress , which is pushing to narrow the scope of the authorities .
The debate has played out in public between Democratic Rep. Adam Schiff , the chair of the House Intelligence Committee and an ally of the intel community , and Oregon Sen. Ron Wyden , who is @ @ @ @ @ @ @ top-ranking Democrat on the Senate Intelligence Committee .
In the Senate , Wyden pushed an amendment , co-sponsored by Sen. Steve Daines , R-Mont.
, that would bar federal authorities from using a dragnet to collect search and browsing history .
The amendment fell one vote short of the 60 needed to advance , but the fight for it isn ’ t over .
Two senators who missed the vote , Patty Murray of Washington and Bernie Sanders of Vermont , have said they ’ re supportive , and Sen. Tom Carper , @ @ @ @ @ @ @ a new vote , as he said he voted no on the measure because he was told by Democratic House leaders that the amendment effectively did away with FISA , which is not true .
In any event , a companion amendment was introduced in the House , led by Reps. Zoe Lofgren , D-Calif. , and Warren Davidson , R-Ohio .
Ahead of a vote in the Judiciary Committee in May , Chair Jerry Nadler abruptly canceled the hearing , amid concerns among backers of the bill that Lofgren may have had @ @ @ @ @ @ @ House Speaker Nancy Pelosi ordered Schiff and Lofgren to negotiate a way forward , and they reached a short-lived compromise that would bar such dragnet searches “ of U.S. persons.
” Lofgren told the New York Times that such language barred dragnet searches , as it is impossible to guarantee that such a search won ’ t gather intelligence on Americans .
Based on that interpretation , Wyden endorsed the measure .
But then Schiff told the New York Times that he interpreted the language differently , saying that as long as agents @ @ @ @ @ @ @ incidental collection was OK .
Following Schiff ’ s statement , Wyden took the unusual step of withdrawing his support .
“ It is now clear that there is no agreement with the House Intelligence Committee to enact true protections for Americans ’ rights against dragnet collection of online activity , which is why I must oppose this amendment , along with the underlying bill , and urge the House to vote on the original Wyden-Daines amendment , ” Wyden said .
Critical to understanding the legislation is the definition of a “ @ @ @ @ @ @ @ Agency is clear that the term does not apply to all people in the United States , but only to citizens and “ an alien lawfully admitted for permanent residence.
” Recipients of DACA — the Deferred Action for Childhood Arrivals program — are not considered lawfully admitted , but rather are able to remain in the country with their deportation proceedings indefinitely deferred .
Undocumented immigrants , too , would fall outside those protections , but that doesn ’ t mean they ’ re the only ones vulnerable .
Intelligence agencies , @ @ @ @ @ @ @ language , could legally target DACA recipients for warrantless dragnet surveillance , which would then make whatever data they also collected on American citizens the legal result of incidental collection .
That secret data could be turned over to secret federal police , who could make arrests from unmarked vehicles .
Instead of resolving the conflict , the House voted to go to a conference committee to negotiate with the Senate , but the Senate has yet to do the same , as reformers believe their leverage increases each day the authorities continue @ @ @ @ @ @ @ side , the Congressional Hispanic Caucus is pushing House leadership to vote on the DHS appropriations bill , having secured a reduction in the number of beds available for immigrant detention .
But others in the caucus argued that the win is less than it appears , as authorities need fewer beds than before , having successfully deported so many from detention .
The internal CHC vote was close and contentious , according to two members of Congress familiar with the drawn out deliberations , meaning that the caucus ’ push for a @ @ @ @ @ @ @ way , Congress is nearly certain to pass a continuing resolution to fund the government rather than independent appropriations bills , so the debate over funding is largely symbolic .
Jayapal said that approving new money now for DHS is “ adding insult to injury for immigrants across the country but also peaceful protesters against white supremacy .
”

The rogue deployment of secret federal police forces in Portland, Oregon, has added a new complication to negotiations over reauthorizing the Trump administration’s vast surveillance powers and appropriating new money for the Department of Homeland Security. In March, a sweeping set of government authorities to monitor people in the United States expired, and Congress continues to debate what limits should be put on such powers before reauthorizing them. And the House is debating its next DHS funding bill, with the Congressional Progressive Caucus pushing leadership not to bring it up for a vote given Trump’s abuse of power and DHS agents’ role in a Portland arrest.
House Democratic leaders, however, are considering lumping in DHS funding with appropriations for the departments of Labor and Health and Human Services, making it more difficult for progressive Democrats to oppose. Rep. Pramila Jayapal, D-Wash., said that the CPC is urging leadership either to not bring up the bill at all or to break it off from Labor-HHS and allow for a separate vote.
“What you’re seeing is this giant Trump administration machine deputize every arm of government to engage in their agenda at the expense of democracy and the Constitution, so there aren’t traditional boundaries anymore for any of those pieces of legislation,” Jayapal said. “Every argument is about, do you want to give more tools to the Trump administration to destroy our Constitution?”
But the debate over the government’s surveillance power is happening in a shroud of confusion, as lawmakers are unclear precisely what the intelligence community currently considers legal, given the classified nature of the operations. Leaked Republican talking points suggest the intelligence community is pushing for legal blessing of dragnet surveillance, and the ability to use the data caught up in those dragnets — not to buttress existing investigations with a warrant but to begin new ones.
The GOP talking points, first obtained by Gizmodo and passed out by the Senate Judiciary Committee, suggest that investigators could use “Internet data as a starting point” in launching an investigation. That’s a radical departure from what is understood to be legal and would allow the Department of Homeland Security to collect data on, for instance, every person who visited a website sympathetic to protests in Portland, then begin to surveil each of those people, hunting for a crime that could justify an arrest — an arrest that could then be carried out by unidentified federal troops driving unmarked vans.
The talking point most concerning to civil liberties advocates was built around a hypothetical case involving a bomb builder: “Without this other information to build a probable cause case, this amendment hamstrings the Government from pursuing the bomb-builder with the Internet data as a starting point.”
On Tuesday, Sens. Pat Leahy, D-Vt., and Mike Lee, R-Utah, sent a letter to Attorney General William Barr and Director of National Intelligence John Ratcliffe demanding assurance that the government is no longer conducting surveillance under the expired authorities, and asking whether the government believes it has authority to conduct such surveillance absent the legislation. The letter includes a reference to an extra-legal mass data collection project Barr himself authorized within the Drug Enforcement Administration when he was serving as attorney general under President George H.W. Bush.
Because so much of the intelligence activity implicated by the legislation lies behind a veil of classification, lawmakers are left to rewrite the rules by piecing together clues. This leaked point is perhaps the most significant clue that the intelligence services are pursuing the ability to perform warrantless, dragnet searches — or are already doing so. Combined with the Trump administration’s willingness to deploy unmarked federal police forces against the will of state and local authorities, the push for expanded surveillance authority is alarming to civil liberties activists. “Secret surveillance cannot coexist with secret police in a free society. Both are inherently problematic and dangerous, but together the threat is immeasurable. It’s hard to escape that conclusion,” said Sean Vitka, senior policy counsel with the group Demand Progress, which is pushing to narrow the scope of the authorities.
The debate has played out in public between Democratic Rep. Adam Schiff, the chair of the House Intelligence Committee and an ally of the intel community, and Oregon Sen. Ron Wyden, who is a critic of mass surveillance and the top-ranking Democrat on the Senate Intelligence Committee.
In the Senate, Wyden pushed an amendment, co-sponsored by Sen. Steve Daines, R-Mont., that would bar federal authorities from using a dragnet to collect search and browsing history. The amendment fell one vote short of the 60 needed to advance, but the fight for it isn’t over. Two senators who missed the vote, Patty Murray of Washington and Bernie Sanders of Vermont, have said they’re supportive, and Sen. Tom Carper, D-Del., may also be gettable on a new vote, as he said he voted no on the measure because he was told by Democratic House leaders that the amendment effectively did away with FISA, which is not true.
In any event, a companion amendment was introduced in the House, led by Reps. Zoe Lofgren, D-Calif., and Warren Davidson, R-Ohio. Ahead of a vote in the Judiciary Committee in May, Chair Jerry Nadler abruptly canceled the hearing, amid concerns among backers of the bill that Lofgren may have had the votes to pass her amendments.
House Speaker Nancy Pelosi ordered Schiff and Lofgren to negotiate a way forward, and they reached a short-lived compromise that would bar such dragnet searches “of U.S. persons.” Lofgren told the New York Times that such language barred dragnet searches, as it is impossible to guarantee that such a search won’t gather intelligence on Americans. Based on that interpretation, Wyden endorsed the measure. But then Schiff told the New York Times that he interpreted the language differently, saying that as long as agents didn’t intentionally target Americans, incidental collection was OK. Following Schiff’s statement, Wyden took the unusual step of withdrawing his support. “It is now clear that there is no agreement with the House Intelligence Committee to enact true protections for Americans’ rights against dragnet collection of online activity, which is why I must oppose this amendment, along with the underlying bill, and urge the House to vote on the original Wyden-Daines amendment,” Wyden said.
Critical to understanding the legislation is the definition of a “U.S. person.” The National Security Agency is clear that the term does not apply to all people in the United States, but only to citizens and “an alien lawfully admitted for permanent residence.” Recipients of DACA — the Deferred Action for Childhood Arrivals program — are not considered lawfully admitted, but rather are able to remain in the country with their deportation proceedings indefinitely deferred. Undocumented immigrants, too, would fall outside those protections, but that doesn’t mean they’re the only ones vulnerable. Intelligence agencies, under Schiff’s interpretation of the language, could legally target DACA recipients for warrantless dragnet surveillance, which would then make whatever data they also collected on American citizens the legal result of incidental collection. That secret data could be turned over to secret federal police, who could make arrests from unmarked vehicles.
Instead of resolving the conflict, the House voted to go to a conference committee to negotiate with the Senate, but the Senate has yet to do the same, as reformers believe their leverage increases each day the authorities continue to be expired.
On the funding side, the Congressional Hispanic Caucus is pushing House leadership to vote on the DHS appropriations bill, having secured a reduction in the number of beds available for immigrant detention. But others in the caucus argued that the win is less than it appears, as authorities need fewer beds than before, having successfully deported so many from detention. The internal CHC vote was close and contentious, according to two members of Congress familiar with the drawn out deliberations, meaning that the caucus’ push for a vote is less than unified.
Either way, Congress is nearly certain to pass a continuing resolution to fund the government rather than independent appropriations bills, so the debate over funding is largely symbolic. Jayapal said that approving new money now for DHS is “adding insult to injury for immigrants across the country but also peaceful protesters against white supremacy.”


theintercept--2020-07-21--ALEC Is Close to Passing Model Bill That Would Protect Companies From Coronavirus-Related Lawsuits

, a conservative Koch-backed group that is holding its 47th annual meeting this week , is working to develop a model bill for state legislatures to create corporate liability protections related to the coronavirus .
Finding a way to protect corporations from lawsuits by employees who are required to work during the coronavirus pandemic at the state and federal levels has been a priority for both ALEC and Republican Senate Majority Leader Mitch McConnell in recent months .
In May , the ALEC Criminal and Civil Justice Task Force , which models policy “ to protect the legal system from @ @ @ @ @ @ @ ” debated corporate liability on a conference call with members .
Later that month , the task force unanimously passed a model policy on the issue , according to an email obtained by The Intercept .
“ If it is approved by the ALEC Board of Directors , ” the email states , “ it will become ALEC model policy.
” ALEC Director of Public Affairs Dan Reynolds confirmed that ALEC is considering a policy on liability protection that hasn ’ t yet been approved , but did not respond to questions about @ @ @ @ @ @ @ for consideration .
ALEC ’ s annual meeting , originally set to take place in Orlando , Florida , began on July 15 and will run through July 23 .
At last year ’ s annual conference , 1,413 people were listed as attending , including a large number of state legislators , members of the Koch network , and the Trump campaign , Documented reported .
Reynolds did not respond to questions on how many people would attend this year or why ALEC had shifted its conference online to protect members amid @ @ @ @ @ @ @ get additional protections should they choose to do the opposite .
There are a number of coronavirus-related measures on the agenda for this week ’ s meeting , including reforming state emergency management acts — which outline procedures in the event that a state declares an emergency , like the current public health crisis or a natural disaster — reopening schools amid the ongoing pandemic , and policies to expand education opportunities in a “ post-Covid-19 world.
” McConnell has been lobbying for additional corporate liability protections , a longtime project of ALEC @ @ @ @ @ @ @ start of the pandemic , and Republicans have included a related measure in their latest coronavirus relief proposal .
The new bill would protect employers against lawsuits from workers , except in cases of “ gross negligence or intentional misconduct , ” and move employee suits to federal court , the Associated Press reported .
The Senate majority leader has warned repeatedly that a looming wave of liability lawsuits related to Covid-19 will cripple a reopening economy and urged his colleagues to immediately pass additional corporate protections .
Congress is planning to pass @ @ @ @ @ @ @ , ahead of the August recess .
McConnell said last week he won ’ t send the bill to the floor without the GOP ’ s corporate liability proposal .
The federal push for such protections came up on the ALEC task force ’ s May 7 call , which was led by Mark Behrens , private sector chair of the task force , a liability defense attorney , and partner at the Kansas City , Missouri , litigation firm Shook Hardy & Bacon , according to a recording obtained by The Intercept @ @ @ @ @ @ @ liability issues and what states can do and have done so far on limiting corporate liability , Behrens mentioned that McConnell and House Minority Leader Kevin McCarthy have spoken about the need for “ strong protections against frivolous lawsuits , ” but that it was important for state legislators to push on their end .
“ I think from the state perspective , we have to push for federal legislation to try to get something that would be national in scope for uniformity purposes to cover every state .
But at the same @ @ @ @ @ @ @ for state legislators to do what you can to solve the problem within the borders of your own state , ” Behrens said .
“ But we don ’ t know what ’ s going to happen at the federal level.
” “ The federal framework in this is very limited , ” he added .
comes as a number of states have already passed some corporate liability protections in recent months .
In May , North Carolina , Oklahoma , Wyoming , and Utah — where state legislators have ties to ALEC @ @ @ @ @ @ @ to the coronavirus .
Another five states have introduced similar legislation .
Several state legislators who were also listed as ALEC members as recently as last year sponsored the corporate immunity bills that became law in Wyoming , Oklahoma , and , Utah .
In North Carolina , where most state senators co-sponsored the new bill , a previous ALEC chair is the state House chair of appropriations .
In late spring , ALEC joined with three other conservative groups to form the Save Our Country Coalition , a group focused on helping @ @ @ @ @ @ @ pandemic .
The coalition includes ALEC ; the FreedomWorks Foundation , a member of the Koch-founded State Policy Network ; the Tea Party Patriots , a right-wing political group ; and the Committee to Unleash Prosperity , a group founded by Donald Trump ’ s 2016 economic adviser and recent Federal Reserve appointee , Stephen Moore ; Art Laffer ; and Forbes founder Steve Forbes .
Moore and Laffer are both ALEC members .
On the May 7 task force call , Behrens said there have already been over 800 coronavirus-related lawsuits filed @ @ @ @ @ @ @ , several cruise lines , nursing homes , and meatpacking plants .
“ There are also cases being brought against health care workers and health care facilities , ” Behrens said , adding that there have been other “ refund ” lawsuits by people who ’ ve paid for services that are no longer available , like at universities and gyms .
Two hundred and thirty of those 800 lawsuits are from incarcerated people suing over prison conditions , Behrens said .
“ That just touches on the breadth of the potential litigation @ @ @ @ @ @ @ ” ALEC , founded in 1973 , has developed “ fill-in-the-blank ” legislation influenced by lobbyists and corporations , and conservative lawmakers on issues including immigration , the environment , crime , and guns .
Between 2008 and 2018 , copies of ALEC ’ s model bills were introduced more than 10,000 times in all 50 states , according to an investigation by USA Today , the Arizona Republic , and the Center for Public Integrity .
Relationships between corporate lobbyists and state lawmakers are forged and flourish at ALEC ’ s annual @ @ @ @ @ @ @ , “ By the end of each ALEC conference , attendees leave motivated to evangelize for conservative policies and equipped with ready-made legislation.
” One of ALEC ’ s most controversial bills became the basis for Florida ’ s “ stand your ground ” law , which protected the man who killed Trayvon Martin in Sanford , Florida , in 2012 .
Some of the country ’ s most powerful companies and foundations withdrew their ALEC memberships soon after the group ’ s role in supporting the law came to light , including @ @ @ @ @ @ @ , and Mars .
More than 110 groups have dropped their affiliation with ALEC since 2011 , according to the Center for Media and Democracy .
Arizona ’ s controversial SB1070 law , which mandates that local law enforcement enforce federal immigration law , started as an ALEC bill , and the group has also pushed model bills protecting environmental polluters and weakening unions .

The American Legislative Exchange Council , a conservative Koch-backed group that is holding its 47th annual meeting this week, is working to develop a model bill for state legislatures to create corporate liability protections related to the coronavirus. Finding a way to protect corporations from lawsuits by employees who are required to work during the coronavirus pandemic at the state and federal levels has been a priority for both ALEC and Republican Senate Majority Leader Mitch McConnell in recent months.
In May, the ALEC Criminal and Civil Justice Task Force, which models policy “to protect the legal system from frivolous litigation that threatens its reliability,” debated corporate liability on a conference call with members. Later that month, the task force unanimously passed a model policy on the issue, according to an email obtained by The Intercept. “If it is approved by the ALEC Board of Directors,” the email states, “it will become ALEC model policy.”
ALEC Director of Public Affairs Dan Reynolds confirmed that ALEC is considering a policy on liability protection that hasn’t yet been approved, but did not respond to questions about when the board will take it up for consideration. ALEC’s annual meeting, originally set to take place in Orlando, Florida, began on July 15 and will run through July 23. At last year’s annual conference, 1,413 people were listed as attending, including a large number of state legislators, members of the Koch network, and the Trump campaign, Documented reported. Reynolds did not respond to questions on how many people would attend this year or why ALEC had shifted its conference online to protect members amid the pandemic while arguing that companies should get additional protections should they choose to do the opposite.
There are a number of coronavirus-related measures on the agenda for this week’s meeting, including reforming state emergency management acts — which outline procedures in the event that a state declares an emergency, like the current public health crisis or a natural disaster — reopening schools amid the ongoing pandemic, and policies to expand education opportunities in a “post-Covid-19 world.”
Read Our Complete Coverage The Coronavirus Crisis
McConnell has been lobbying for additional corporate liability protections, a longtime project of ALEC and the conservative right, since the start of the pandemic, and Republicans have included a related measure in their latest coronavirus relief proposal. The new bill would protect employers against lawsuits from workers, except in cases of “gross negligence or intentional misconduct,” and move employee suits to federal court, the Associated Press reported. The Senate majority leader has warned repeatedly that a looming wave of liability lawsuits related to Covid-19 will cripple a reopening economy and urged his colleagues to immediately pass additional corporate protections. Congress is planning to pass the next relief bill by August 7, ahead of the August recess. McConnell said last week he won’t send the bill to the floor without the GOP’s corporate liability proposal.
The federal push for such protections came up on the ALEC task force’s May 7 call, which was led by Mark Behrens, private sector chair of the task force, a liability defense attorney, and partner at the Kansas City, Missouri, litigation firm Shook Hardy & Bacon, according to a recording obtained by The Intercept. During a presentation that covered tort liability issues and what states can do and have done so far on limiting corporate liability, Behrens mentioned that McConnell and House Minority Leader Kevin McCarthy have spoken about the need for “strong protections against frivolous lawsuits,” but that it was important for state legislators to push on their end.
“I think from the state perspective, we have to push for federal legislation to try to get something that would be national in scope for uniformity purposes to cover every state. But at the same time, it’s really critical for state legislators to do what you can to solve the problem within the borders of your own state,” Behrens said. “But we don’t know what’s going to happen at the federal level.”
“The federal framework in this is very limited,” he added.
ALEC’s policy proposal comes as a number of states have already passed some corporate liability protections in recent months. In May, North Carolina, Oklahoma, Wyoming, and Utah — where state legislators have ties to ALEC — enacted legislation limiting corporate liability related to the coronavirus. Another five states have introduced similar legislation. Several state legislators who were also listed as ALEC members as recently as last year sponsored the corporate immunity bills that became law in Wyoming, Oklahoma, and, Utah. In North Carolina, where most state senators co-sponsored the new bill, a previous ALEC chair is the state House chair of appropriations.
In late spring, ALEC joined with three other conservative groups to form the Save Our Country Coalition, a group focused on helping the U.S. reopen quickly amid the ongoing pandemic. The coalition includes ALEC; the FreedomWorks Foundation, a member of the Koch-founded State Policy Network; the Tea Party Patriots, a right-wing political group; and the Committee to Unleash Prosperity, a group founded by Donald Trump’s 2016 economic adviser and recent Federal Reserve appointee, Stephen Moore; Art Laffer; and Forbes founder Steve Forbes. Moore and Laffer are both ALEC members.
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On the May 7 task force call, Behrens said there have already been over 800 coronavirus-related lawsuits filed so far, including suits against Walmart, several cruise lines, nursing homes, and meatpacking plants. “There are also cases being brought against health care workers and health care facilities,” Behrens said, adding that there have been other “refund” lawsuits by people who’ve paid for services that are no longer available, like at universities and gyms. Two hundred and thirty of those 800 lawsuits are from incarcerated people suing over prison conditions, Behrens said. “That just touches on the breadth of the potential litigation that we may, and will see.”
ALEC, founded in 1973, has developed “fill-in-the-blank” legislation influenced by lobbyists and corporations, and conservative lawmakers on issues including immigration, the environment, crime, and guns. Between 2008 and 2018, copies of ALEC’s model bills were introduced more than 10,000 times in all 50 states, according to an investigation by USA Today, the Arizona Republic, and the Center for Public Integrity. Relationships between corporate lobbyists and state lawmakers are forged and flourish at ALEC’s annual conference, USA Today wrote, adding, “By the end of each ALEC conference, attendees leave motivated to evangelize for conservative policies and equipped with ready-made legislation.”
One of ALEC’s most controversial bills became the basis for Florida’s “stand your ground” law, which protected the man who killed Trayvon Martin in Sanford, Florida, in 2012. Some of the country’s most powerful companies and foundations withdrew their ALEC memberships soon after the group’s role in supporting the law came to light, including Coca-Cola, Pepsi, the Gates Foundation, and Mars. More than 110 groups have dropped their affiliation with ALEC since 2011, according to the Center for Media and Democracy. Arizona’s controversial SB1070 law, which mandates that local law enforcement enforce federal immigration law, started as an ALEC bill, and the group has also pushed model bills protecting environmental polluters and weakening unions.


theintercept--2020-07-21--America’s Problem With Policing Doesn’t Stop at the U.S. Border

the first victim of state violence in the United States ; law enforcement officers have killed countless people who were never properly memorialized and for whom justice was never sought .
Part of what made Floyd ’ s murder especially cruel — setting off what may be the largest protest movement in U.S. history — is that it was a public execution that lasted for 8 minutes and 46 seconds and was broadcast online .
Floyd gave a face , a story , and a video to the issue of state violence situated in white supremacy .
As civil rights @ @ @ @ @ @ @ Police brutality hasn ’ t increased .
Videoing brutal cops has increased and white America is finally seeing it.
” Now that Floyd ’ s murder has forced a national conversation about policing within our country ’ s borders , it ’ s time the American public begins to reckon with the victims of our foreign policy abroad .
Since waging the war on Iraq , how many Americans can name a single one of the approximately 200,000 civilian casualties of that war ?
Even when exposed to the gross images of torture @ @ @ @ @ @ @ members of the U.S. military , the victims ’ faces remained blurred and their names unknown .
What if we knew the names , faces , and stories of the victims of Eddie Gallagher , the war criminal pardoned by President Donald Trump who , according to his colleagues , would be OK with “ killing anybody that was moving ” during his time in Iraq ?
Or the 30 pine nut farm workers in Afghanistan caught off guard by a U.S. drone in 2019 ?
When the U.S. military chooses to publicize @ @ @ @ @ @ @ get of drone strikes usually include little more than a sudden green haze demonstrating the might of American weaponry .
We don ’ t hear the last cries of the unsuspecting victims .
We don ’ t see them hold each other tight , hoping they ’ ll somehow be missed .
We see our machinery , but never their humanity .
They don ’ t even become hashtags : just hidden casualties .
For years , researchers have logged the details of America ’ s opaque drone war , a fulcrum of @ @ @ @ @ @ @ signature part of President Barack Obama ’ s legacy , now continued by Trump .
The Bureau of Investigative Journalism estimates that up to 17,000 people have been killed by U.S. drone strikes in Pakistan , Afghanistan , Yemen , and Somalia , while Airwars has tracked reports of nearly 3,000 civilians being killed by the U.S.-led coalition against ISIS in Iraq and Syria .
The Intercept in 2015 published a secret cache of U.S. government documents detailing the inner workings of the drone program , and a New York Times investigation in @ @ @ @ @ @ @ a rate 31 times higher than that acknowledged by the anti-ISIS coalition .
, there has been an overall paucity in news coverage of the drone war , and specifically of the stories of those killed by drone operators pushing buttons from thousands of miles away : a combination of public apathy and efforts by the federal government to shield the drone program from public view .
It was only three days after Obama ’ s inauguration in 2009 , as America projected its best image of progress and hope , that a @ @ @ @ @ @ @ in Pakistan .
Faheem Qureshi , a teenager who barely survived the attack , told The Guardian at the time , “ I had all the hopes and potential and now I am doing nothing.
” Faheem has never received an explanation for why his family was killed by an American drone , and the vast majority of the American public has likely never even heard his story .
It was not until 2013 that Congress heard testimony from a family impacted by the drone war .
Nabila Rehman , a sweet 9-year-old @ @ @ @ @ @ @ tears as she held up her hand-drawn images of what the drone strike that killed her mother in Pakistan looked like .
Her 13-year-old brother , Zubair , shouted , “ Not a militant , but my mother , ” feeling the extra burden of having to impress upon this nation that his mother meant something and did absolutely nothing that warranted her cruel death .
It was a moment , that if broadcast to every American living room , could potentially activate people of conscience to demand greater accountability for our military @ @ @ @ @ @ @ of our police here at home .
Trump , after inheriting the drone program from Obama , has made this war both more ambitious and more ambiguous by simultaneously expanding it further and hiding it better .
The U.S. military launched 2,243 drone strikes in Trump ’ s first two years in office , compared to Obama ’ s 1,878 strikes over his entire presidency .
Trump has also made this war even more secretive , issuing an executive order to no longer require the release of annual summaries of U.S. drone strikes @ @ @ @ @ @ @ has expanded its mysterious drone technology .
There has not been a single testimony in front of Congress by the families of drone victims since Trump has taken office .
We can not make our government accountable for the victims of state violence if there is no transparency into its actions .
We also can not generate the moral outrage necessary to usher in change if we don ’ t consider the humanity of our victims .
Dr. Martin Luther King Jr. , who lost much of his popularity for connecting America ’ @ @ @ @ @ @ @ at home , challenged us to think about the intoxicating power that yielded the government ’ s false sense of invincibility as it used weapons of war at home and abroad on innocent civilians , as well as the dangerous apathy of much of the American public that didn ’ t seem to grasp the magnitude of the war .
In a world of no social media , he sought to convey the tragedy of the senseless murder of “ some one million Vietnamese children … incinerated by napalm ” while some American @ @ @ @ @ @ @ wounded enemy as they lie on the ground.
” He called it a war that had mutilated our conscience , and insisted that “ these casualties are enough to cause all men to rise up with righteous indignation.
” What the story of George Floyd did , no number of un-videotaped police killings could have done .
We watched and heard him cry for his mother under the knee of officer Derek Chauvin .
It drove the masses to the streets in righteous indignation , even amid a life-altering pandemic .
It ’ @ @ @ @ @ @ @ cries of Nabila Rehman for her mother under the thrust of our bombs — and insist that those like her are not murdered in silence , and without accountability .

Photo: Ijaz Muhammad/AP
George Floyd wasn’t the first victim of state violence in the United States; law enforcement officers have killed countless people who were never properly memorialized and for whom justice was never sought. Part of what made Floyd’s murder especially cruel — setting off what may be the largest protest movement in U.S. history — is that it was a public execution that lasted for 8 minutes and 46 seconds and was broadcast online. Floyd gave a face, a story, and a video to the issue of state violence situated in white supremacy. As civil rights attorney David Lane has written, “Police brutality hasn’t increased. Videoing brutal cops has increased and white America is finally seeing it.”
Now that Floyd’s murder has forced a national conversation about policing within our country’s borders, it’s time the American public begins to reckon with the victims of our foreign policy abroad. Since waging the war on Iraq, how many Americans can name a single one of the approximately 200,000 civilian casualties of that war? Even when exposed to the gross images of torture at Abu Ghraib at the hands of members of the U.S. military, the victims’ faces remained blurred and their names unknown.
What if we knew the names, faces, and stories of the victims of Eddie Gallagher, the war criminal pardoned by President Donald Trump who, according to his colleagues, would be OK with “killing anybody that was moving” during his time in Iraq? Or the 30 pine nut farm workers in Afghanistan caught off guard by a U.S. drone in 2019? When the U.S. military chooses to publicize its actions abroad, the videos we get of drone strikes usually include little more than a sudden green haze demonstrating the might of American weaponry. We don’t hear the last cries of the unsuspecting victims. We don’t see them hold each other tight, hoping they’ll somehow be missed. We see our machinery, but never their humanity. They don’t even become hashtags: just hidden casualties.
For years, researchers have logged the details of America’s opaque drone war, a fulcrum of the war on terror that is a signature part of President Barack Obama’s legacy, now continued by Trump. The Bureau of Investigative Journalism estimates that up to 17,000 people have been killed by U.S. drone strikes in Pakistan, Afghanistan, Yemen, and Somalia, while Airwars has tracked reports of nearly 30,000 civilians being killed by the U.S.-led coalition against ISIS in Iraq and Syria. The Intercept in 2015 published a secret cache of U.S. government documents detailing the inner workings of the drone program, and a New York Times investigation in 2017 found that civilians were killed at a rate 31 times higher than that acknowledged by the anti-ISIS coalition.
Despite these efforts , there has been an overall paucity in news coverage of the drone war, and specifically of the stories of those killed by drone operators pushing buttons from thousands of miles away: a combination of public apathy and efforts by the federal government to shield the drone program from public view. It was only three days after Obama’s inauguration in 2009, as America projected its best image of progress and hope, that a CIA drone murdered nine civilians having dinner in Pakistan. Faheem Qureshi, a teenager who barely survived the attack, told The Guardian at the time, “I had all the hopes and potential and now I am doing nothing.” Faheem has never received an explanation for why his family was killed by an American drone, and the vast majority of the American public has likely never even heard his story.
It was not until 2013 that Congress heard testimony from a family impacted by the drone war. Nabila Rehman, a sweet 9-year-old girl, brought members of Congress to tears as she held up her hand-drawn images of what the drone strike that killed her grandmother in Pakistan looked like. Her father, Rafiq ur Rehman, shouted, “Not a militant, but my mother,” feeling the extra burden of having to impress upon this nation that his mother meant something and did absolutely nothing that warranted her cruel death. It was a moment, that if broadcast to every American living room, could potentially activate people of conscience to demand greater accountability for our military actions abroad as we fight the militarization of our police here at home.
We need to demand greater accountability for our military actions abroad as we fight the militarization of our police here at home.
Trump, after inheriting the drone program from Obama, has made this war both more ambitious and more ambiguous by simultaneously expanding it further and hiding it better. The U.S. military launched 2,243 drone strikes in Trump’s first two years in office, compared to Obama’s 1,878 strikes over his entire presidency. Trump has also made this war even more secretive, issuing an executive order to no longer require the release of annual summaries of U.S. drone strikes and casualties, even as the Navy has expanded its mysterious drone technology. There has not been a single testimony in front of Congress by the families of drone victims since Trump has taken office.
We cannot make our government accountable for the victims of state violence if there is no transparency into its actions. We also cannot generate the moral outrage necessary to usher in change if we don’t consider the humanity of our victims. Dr. Martin Luther King Jr., who lost much of his popularity for connecting America’s conduct in Vietnam to its conduct at home, challenged us to think about the intoxicating power that yielded the government’s false sense of invincibility as it used weapons of war at home and abroad on innocent civilians, as well as the dangerous apathy of much of the American public that didn’t seem to grasp the magnitude of the war. In a world of no social media, he sought to convey the tragedy of the senseless murder of “some one million Vietnamese children … incinerated by napalm” while some American soldiers “in unrestrained hatred shoot the wounded enemy as they lie on the ground.” He called it a war that had mutilated our conscience, and insisted that “these casualties are enough to cause all men to rise up with righteous indignation.”
What the story of George Floyd did, no number of un-videotaped police killings could have done. We watched and heard him cry for his mother under the knee of officer Derek Chauvin. It drove the masses to the streets in righteous indignation, even amid a life-altering pandemic. It’s time we also start hearing the cries of Nabila Rehman for her grandmother under the thrust of our bombs — and insist that those like her are not murdered in silence, and without accountability.
Correction: July 22, 2020
Due to an editing error, a previous version of this article stated that Airwars has tracked 3,000 civilian casualties of the U.S.-led coalition against ISIS in Iraq and Syria. The group has actually tracked nearly 30,000 civilian deaths. The article has also been updated to clarify details about the Rehman family’s congressional testimony.


theintercept--2020-07-21--After Pleading for Home Release During Coronavirus Pandemic, NSA Whistleblower Reality Winner Tests

After Pleading for Home Release During Coronavirus Pandemic, NSA Whistleblower Reality Winner Tests Positive

whistleblower Reality Winner tested positive for coronavirus in the prison in Fort Worth , Texas , where she is serving a record sentence for sharing information about a national security risk with the media , according to her sister Brittany Winner .
On Monday morning , Brittany Winner tweeted that her sister Reality had emailed from prison to say that she tested positive for Covid-19 and that she is facing retaliation for recent media coverage of the alarming surge in the number of people with the disease in her prison , including a bunkmate .
“ Officially Covid-19 positive , @ @ @ @ @ @ @ the tweet .
“ I am being retaliated against harshly for articles last week.
” In the email , which Winner sent to her family and her sister shared with The Intercept , she also said she is being singled out for harsh treatment , including making remarks about her positive coronavirus test .
“ ALSO , the guard CONGRATULATED her for testing positive , ” Brittany Winner wrote on Twitter .
Brittany Winner said the diagnosis only reinforced the urgency to get Reality out of prison .
“ My sister Reality Winner @ @ @ @ @ @ @ , has applied for compassionate release and been denied , and is now still waiting for an ‘ expedited ’ response to her appeal for compassionate release .
But she can ’ t afford to wait any longer , especially now that she ’ s officially COVID-19 positive , ” Brittany Winner told The Intercept in an emailed statement .
“ If she starts manifesting severe symptoms of COVID , we have no confidence that she will be adequately cared for or even seen by a doctor at FMC Carswell because the cases @ @ @ @ @ @ @ days.
” Reality Winner ’ s infection comes after her family and legal team have spent months pleading for courts to grant her compassionate release during the pandemic , allowing her to finish out the short amount of time that remains in her sentence safely at her family ’ s remote southern Texas home .
Her attorneys had warned in a previous filing that a coronavirus outbreak at the prison “ threatens to turn her 63-month sentence into a death sentence.
” That legal battle for release during the pandemic is in addition @ @ @ @ @ @ @ by her defense team , which argued that “ our national healing process can not begin until we forgive our truth tellers.
” before the major outbreak in Winner ’ s prison , Randal Hall , chief judge of the Southern District of Georgia in Augusta , declined to hear her bid for compassionate release .
He wrote that her prison , a federal medical center for women with chronic health issues , would be “ presumably better equipped than most to deal with any onset of COVID-19 in its inmates.
” Just @ @ @ @ @ @ @ , the prison reported its first death of an incarcerated pregnant woman with the virus .
Winner ’ s infection appears to be a part of an extraordinary spike in confirmed cases in her prison .
On its website that tracks Covid-19 infections in its facilities , the Bureau of Prisons had reported 200 cases amongst people incarcerated at FMC Carswell around noon on Monday .
By Monday evening , that number had more than doubled to 509 .
The Intercept emailed and called the Bureau of Prisons seeking an explanation regarding the @ @ @ @ @ @ @ the number and offered generic information about its coronavirus tracking and policies , including that testing resources have become more available in federal prisons , but did not elaborate on how the surge happened at FMC Carswell .
Winner ’ s legal team has argued that her underlying medical conditions , including her Air Force-era diagnosis of bulimia , make her more susceptible to the virus .
As recently as July 13 , her defense team filed a motion to an Atlanta appeals court alerting them that virus cases had nearly tripled in @ @ @ @ @ @ @ week , “ placing Reality in life-threatening danger with each passing day.
” Atlanta attorney Joe Whitley , who represents Winner , told The Intercept on Monday that her defense team is evaluating its next steps and still believes an appeals court should consider her application for compassionate release , particularly in light of the evolving understanding of the long-term health impacts of the coronavirus and the fact that a prison with fewer sick inmates would be safer for the staff and incarcerated people who remain .
The government attorneys who prosecuted Winner @ @ @ @ @ @ @ have opposed her bid for compassionate release , arguing that it was “ line jumping ” for Winner to request to spend the pandemic safely at her home .
The office of U.S. Attorney Bobby Christine declined to comment on Winner ’ s diagnosis .
FMC Carswell officials said they forwarded The Intercept ’ s inquiry about Winner ’ s case and allegation of retaliation to the Bureau of Prisons , but the bureau did not respond to these questions by publication time .
Winner was widely reported to be the source for @ @ @ @ @ @ @ Intercept on an NSA document that detailed phishing attacks by Russian military intelligence on local U.S. election officials .
The Intercept received the document anonymously , and its parent company , First Look Media , contributed to Winner ’ s legal fund through the Press Freedom Defense Fund after learning of her arrest .
Billie Winner-Davis , the whistleblower ’ s mother , told The Intercept in a statement that she is “ devastated and terrified ” by her daughter ’ s infection .
“ It angers me that our judicial system is @ @ @ @ @ @ @ connections , ” Winner-Davis said , a reference to politically connected defendants who have avoided prison during the pandemic , such as Roger Stone , a confidante of President Donald Trump , and former Trump campaign chair Paul Manafort .
Lockdown measures in FMC Carswell since the start of the pandemic have strictly limited prisoners ’ access to the outdoors and fresh air , Winner-Davis said , despite growing evidence that the virus can linger in confined indoor spaces and that the risk of transmission outdoors is lower .
“ I so desperately @ @ @ @ @ @ @ , ” Winner-Davis told The Intercept .
Even now that the whistleblower has contracted the virus — a risk her advocates and legal team spent months trying to avoid — her sister , Brittany , told The Intercept they will “ never stop fighting ” to get her out of prison .
She added , “ Reality belongs at home where she can be safely quarantined and can receive adequate medical care .
”

National Security Agency whistleblower Reality Winner tested positive for coronavirus in the prison in Fort Worth, Texas, where she is serving a record sentence for sharing information about a national security risk with the media, according to her sister Brittany Winner.
On Monday morning, Brittany Winner tweeted that her sister Reality had emailed from prison to say that she tested positive for Covid-19 and that she is facing retaliation for recent media coverage of the alarming surge in the number of people with the disease in her prison, including a bunkmate.
“Officially Covid-19 positive,” Reality Winner wrote, according to the tweet. “I am being retaliated against harshly for articles last week.”
“Officially Covid-19 positive. I am being retaliated against harshly for articles last week.”
In the email, which Winner sent to her family and her sister shared with The Intercept, she also said she is being singled out for harsh treatment, including making remarks about her positive coronavirus test. “ALSO, the guard CONGRATULATED her for testing positive,” Brittany Winner wrote on Twitter.
Brittany Winner said the diagnosis only reinforced the urgency to get Reality out of prison.
“My sister Reality Winner has filed for clemency to no avail, has applied for compassionate release and been denied, and is now still waiting for an ‘expedited’ response to her appeal for compassionate release. But she can’t afford to wait any longer, especially now that she’s officially COVID-19 positive,” Brittany Winner told The Intercept in an emailed statement. “If she starts manifesting severe symptoms of COVID, we have no confidence that she will be adequately cared for or even seen by a doctor at FMC Carswell because the cases at the unit have exploded in recent days.”
Reality Winner’s infection comes after her family and legal team have spent months pleading for courts to grant her compassionate release during the pandemic, allowing her to finish out the short amount of time that remains in her sentence safely at her family’s remote southern Texas home. Her attorneys had warned in a previous filing that a coronavirus outbreak at the prison “threatens to turn her 63-month sentence into a death sentence.”
That legal battle for release during the pandemic is in addition to a clemency petition filed in February by her defense team, which argued that “our national healing process cannot begin until we forgive our truth tellers.”
In response to questions from The Intercept regarding Winner’s case and allegation of retaliation, a Bureau of Prisons spokesperson said in an e-mailed statement that it cannot discuss the conditions of a specific person’s confinement, but that “allegations of misconduct are thoroughly investigated and appropriate action is taken if such allegations are proven true.”
Back in April, before the major outbreak in Winner’s prison, Randal Hall, chief judge of the Southern District of Georgia in Augusta, declined to hear her bid for compassionate release. He wrote that her prison, a federal medical center for women with chronic health issues, would be “presumably better equipped than most to deal with any onset of COVID-19 in its inmates.” Just four days after he issued his denial, the prison reported its first death of an incarcerated pregnant woman with the virus.
Winner’s infection appears to be a part of an extraordinary spike in confirmed cases in her prison. On its website that tracks Covid-19 infections in its facilities, the Bureau of Prisons had reported 200 cases amongst people incarcerated at FMC Carswell around noon on Monday. By Monday evening, that number had more than doubled to 509. The Intercept emailed and called the Bureau of Prisons seeking an explanation regarding the surge in cases. The bureau confirmed the number and offered generic information about its coronavirus tracking and policies, including that testing resources have become more available in federal prisons, but did not elaborate on how the surge happened at FMC Carswell.
Winner’s legal team has argued that her underlying medical conditions, including her Air Force-era diagnosis of bulimia, make her more susceptible to the virus. As recently as July 13, her defense team filed a motion to an Atlanta appeals court alerting them that virus cases had nearly tripled in Winner’s prison in just a week, “placing Reality in life-threatening danger with each passing day.”
Atlanta attorney Joe Whitley, who represents Winner, told The Intercept on Monday that her defense team is evaluating its next steps and still believes an appeals court should consider her application for compassionate release, particularly in light of the evolving understanding of the long-term health impacts of the coronavirus and the fact that a prison with fewer sick inmates would be safer for the staff and incarcerated people who remain.
The government attorneys who prosecuted Winner under the World War I-era Espionage Act have opposed her bid for compassionate release, arguing that it was “line jumping” for Winner to request to spend the pandemic safely at her home. The office of U.S. Attorney Bobby Christine declined to comment on Winner’s diagnosis.
Winner was widely reported to be the source for a June 2017 article published by The Intercept on an NSA document that detailed phishing attacks by Russian military intelligence on local U.S. election officials. The Intercept received the document anonymously, and its parent company, First Look Media, contributed to Winner’s legal fund through the Press Freedom Defense Fund after learning of her arrest.
“It angers me that our judicial system is so prejudiced against those without money or connections.”
Billie Winner-Davis, the whistleblower’s mother, told The Intercept in a statement that she is “devastated and terrified” by her daughter’s infection. “It angers me that our judicial system is so prejudiced against those without money or connections,” Winner-Davis said, a reference to politically connected defendants who have avoided prison during the pandemic, such as Roger Stone, a confidante of President Donald Trump, and former Trump campaign chair Paul Manafort.
Lockdown measures in FMC Carswell since the start of the pandemic have strictly limited prisoners’ access to the outdoors and fresh air, Winner-Davis said, despite growing evidence that the virus can linger in confined indoor spaces and that the risk of transmission outdoors is lower.
“I so desperately want this nightmare to end for her,” Winner-Davis told The Intercept.
Even now that the whistleblower has contracted the virus — a risk her advocates and legal team spent months trying to avoid — her sister, Brittany, told The Intercept they will “never stop fighting” to get her out of prison. She added, “Reality belongs at home where she can be safely quarantined and can receive adequate medical care.”
Update: July 22, 2020
This story has been updated to include a comment from the Bureau of Prisons about Winner’s allegations of misconduct that was received after publication.