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December 22, 2022

Jan. 6 Committee Recommends Charges That Could Prevent Trump From Running Again

For the first time in the history of the United States, a committee of Congress has recommended to the Department of Justice that it prosecute a former U.S. president. The bipartisan Select Committee to Investigate the January 6th Attack on the United States Capitol unanimously referred four federal criminal charges against Donald Trump to the Justice Department.

One of the charges — “Incite,” “Assist” or “Aid and Comfort” an Insurrection — has not been used since the Civil War. It would lay the groundwork to disqualify Trump from running for president. Section 3 of the 14th Amendment prohibits anyone who has committed “insurrection or rebellion” or “given aid or comfort to the enemies of the United States” from holding elected office.

The select committee also urged the Justice Department to charge Trump with Conspiracy to Defraud the United States, Obstruction of an Official Proceeding and Conspiracy to Make a False Statement.

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December 16, 2022

ICC Wanted to Investigate Israeli War Crimes. Now It’s Caving to US Pressure.

Nearly two years have passed since the International Criminal Court (ICC) began investigating war crimes committed in the occupied West Bank, including East Jerusalem, and Gaza. But the ICC has yet to take concrete steps to move the investigation forward.

Frustrated with the glacial pace of the ICC’s investigation and the lack of clarity about how and when the investigation will proceed, three Palestinian human rights organizations issued a joint statement to the Assembly of States Parties to the Rome Statute (the management body of the ICC) on December 6, saying, “We have not seen any concrete step in this investigation, no action by the Prosecutor to break the vicious cycle of impunity.”

They added, “The situation on the ground is deteriorating year after year, month after month, day after day. We feel that we have been left alone in our struggle. And Palestinian victims are losing hope.”

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December 14, 2022

After 41 Years in Prison, Mumia Abu-Jamal May Finally Get a Chance for a New Trial

Award-winning journalist and author Mumia Abu-Jamal has been in prison for 41 years in a case infused with racism. The 68-year-old is a former Black Panther and the author of a dozen books, including the celebrated Live from Death Row. After his 1982 conviction in the killing of police officer Daniel Faulkner, Abu-Jamal was sentenced to death. In 2011, his sentence was reduced to life without the possibility of parole. Abu-Jamal has a serious heart condition and other life-threatening health problems.

Faulkner stopped Abu-Jamal’s younger brother William Cook on the morning of December 9, 1981. Abu-Jamal, who was driving a taxi, coincidentally drove by and came to his brother’s assistance. Following a shootout, Faulkner was shot and killed. Abu-Jamal was shot in the stomach.

On December 16, Judge Lucretia Clemons in the Philadelphia Court of Common Pleas will decide whether Abu-Jamal will receive a new trial. His attorneys, Judith Ritter, Samuel Spital and Bret Grote, argue that if the jury had heard newly discovered evidence that was withheld from him and not presented at his murder trial, Abu-Jamal would not have been convicted. On October 26, Clemons indicated her intent to deny Abu-Jamal’s petition for a new trial but she will make a final decision on December 16 after hearing from the parties in the case.

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December 10, 2022

Supreme Court Appears Split on Whether to Allow Partisan Control of Elections

On December 7, the Supreme Court heard oral arguments in a case that could deliver control of elections to partisan state legislatures and spell the end of state court oversight of voting rules — a form of judicial review that has been in place for more than two centuries. As a result, protections for the right to vote that are enshrined in nearly every state constitution will be in jeopardy.

Former appeals court judge J. Michael Luttig, a highly respected conservative, called this “the most important case for American democracy” in U.S. history.

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December 5, 2022

“Publishing Is Not a Crime”: The New York Times Joins the Fight to Free Assange

In a stunning development earlier this week, The New York Times, the Guardian, Le Monde, DER SPIEGEL and El País signed a joint open letter calling on the U.S. government to dismiss the Espionage Act charges against Julian Assange for publishing classified military and diplomatic secrets.

“Publishing is not a crime,” the letter states. “The U.S. government should end its prosecution of Julian Assange for publishing secrets.”

This forceful statement in support of Assange comes in a moment when other powerful advocates globally have also stepped forward in defense of the WikiLeaks publisher. Both Brazilian President-elect Lula da Silva and Australian Prime Minister Anthony Albanese are calling for dismissal of the charges against Assange. “May Assange be released from his unjust prison,” Lula said.

Assange’s appeal of the order to extradite him to the United States is pending in the U.K. High Court. For the past three and a half years, Assange has languished in a London high-security prison while he fights extradition to answer charges under the Espionage Act. Assange faces 175 years in a maximum-security U.S. prison if convicted.

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December 1, 2022

Evangelical Lobbying Threatens Supreme Court’s Independence

Recent exposés have uncovered an emerging pattern of improper lobbying of right-wing Supreme Court justices by wealthy evangelicals. They reveal serious threats to the independence of the judiciary. But equally alarming is that the Supreme Court is unconstrained by a code of judicial ethics.

From 1995 to 2018, the right-wing evangelical nonprofit Faith and Action executed “Operation Higher Court.” It was an organized and systematic campaign “to wine, dine and entertain conservative Supreme Court justices while pushing conservative positions” on social issues pending before the court, Politico reports.

Faith and Action “would rehearse lines” in order “to influence the justices while steering clear of the specifics of cases pending before the court.” Faith and Action reportedly arranged for 20 couples to travel to Washington, D.C. to wine and dine Samuel Alito, Clarence Thomas and Antonin Scalia.

In 2014, Alito dined with evangelical lobbyists who left with inside knowledge that Burwell v. Hobby Lobby would go their way. Sure enough, three weeks later, the Supreme Court issued its decision in Hobby Lobby, holding that corporations that claim religious objections can refuse to fund contraception required by the Affordable Care Act. Alito wrote the majority opinion.

Alito authored the court’s decision once again in 2022, this time in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade. Four months before Dobbs came down, Alito’s draft majority opinion was leaked to Politico. The final opinion largely tracked the draft.

It is likely not a coincidence that both decisions served the conservative evangelical agenda and both were leaked by people with advance knowledge of the results. Although the right-wing members of the court had probably already made up their minds in these two cases, the leaks were apparently designed to strengthen their resolve.

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November 23, 2022

Biden’s Student Debt Relief Program Is Now in the Hands of the Supreme Court

More than 40 million lower-income people burdened with student loans are still waiting for clarity about how much they will owe and when their next payments will be due, as the Supreme Court decides if it will rule on whether to allow President Joe Biden’s student debt relief program to proceed.

The loan forgiveness program, which Biden announced in August, is under attack from six Republican-controlled states, which sued Biden, his secretary of education and the Department of Education on September 29 in an attempt to block the program. A federal district judge ruled against the GOP-led states, but the 8th Circuit Court of Appeals reversed the lower court decision and issued a nationwide injunction halting the program.

In response, on November 18, the Department of Justice went to the Supreme Court asking it to permit the student debt relief program to take effect while the lower courts consider the legal challenges to it. U.S. Solicitor General Elizabeth Prelogar wrote that blocking the program “leaves millions of economically vulnerable borrowers in limbo.”

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November 14, 2022

Inter-American Commission Hears Landmark Case of Torture and Killing by US Border Patrol

For the first time, the Inter-American Commission on Human Rights has agreed to hear an extrajudicial killing case involving violence committed by U.S. law enforcement. The Commission is a body of the Organization of American States, which includes the United States. It considers cases involving torture, massacres, extrajudicial killings and disappearances in the Americas.

On May 28, 2010, Anastasio Hernández Rojas, a 42-year-old long-time San Diego resident and father of five, was crossing the border from Mexico into the United States when he was apprehended and tortured by U.S. Customs and Border Protection (CBP) agents. He died in the hospital a few days later from his injuries. In order to cover up their crimes, the agents attempted to destroy evidence and create a false narrative that portrayed them as the victims and Hernández Rojas as the aggressor.

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November 4, 2022

The Racism of the Supreme Court’s Supermajority Was on Full Display This Week

During more than five hours of oral arguments in two cases that will probably spell the death of affirmative action in colleges and universities, the racism of the six right-wingers on the Supreme Court was on full display. It appears the court will overrule existing precedent that permits limited affirmative action.

The court ruled in the 2003 case of Grutter v. Bollinger that the 14th Amendment allows public universities to consider race as one factor in a “holistic” admissions process in order to assemble a diverse student body. “Numerous studies show that student body diversity promotes learning outcomes, and ‘better prepares students for an increasingly diverse workforce and society, and better prepares them as professionals,’” the court explained.

In 2016, the court reaffirmed the Grutter holding in Fisher v. University of Texas.

Now “Students for Fair Admissions” (SFFA) is asking the court to reverse Grutter. SFFA, a front group for Ed Blum who is not a student but a long-time conservative activist seeking to overturn the Voting Rights Act and affirmative action, is suing Harvard and the University of North Carolina at Chapel Hill (UNC)SFFA says its mission is helping “to help restore colorblind principles to our nation’s schools, colleges and universities.

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October 30, 2022

House Progressives Pushed Negotiations With Russia, Then Buckled Under Pressure

On October 24, 30 members of the Congressional Progressive Caucus signed a letter to President Joe Biden calling for “direct talks with Russia” to end the war in Ukraine. But in an alarming about-face, they withdrew the letter the next day.

The letter urged Biden “to make vigorous diplomatic efforts in support of a negotiated settlement and ceasefire.” It raised the possibility of “incentives to end hostilities, including some form of sanctions relief.”

Since Russia illegally invaded Ukraine, 6,374 civilians are estimated to have been killed, including 402 children, and 9,776 people have been reported injured. The war has impacted the global economy and caused inflation, recession, and food and gas shortages.

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