Sunday, February 23, 2025

Trump signs order imposing sanctions on International Criminal Court

President Donald Trump signed an executive order imposing sanctions on the International Criminal Court over investigations of Israel, a close U.S. ally. Neither the U.S. nor Israel is a member of or recognizes the court, which has issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu for alleged war crimes over his military response in Gaza after the Hamas attack against Israel in October 2023. Tens of thousands of Palestinians, including children, have been killed during the Israeli military’s response. The order Trump signed Thursday accuses the ICC of engaging in “illegitimate and baseless actions targeting America and our close ally Israel” and of abusing its power by issuing “baseless arrest warrants” against Netanyahu and his former defense minister, Yoav Gallant. “The ICC has no jurisdiction over the United States or Israel,” the order states, adding that the court had set a “dangerous precedent” with its actions against both countries. Trump’s action came as Netanyahu was visiting Washington. He and Trump held talks Tuesday at the White House, and Netanyahu spent some of Thursday meeting with lawmakers on Capitol Hill. The order says the U.S. will impose “tangible and significant consequences” on those responsible for the ICC’s “transgressions.” Actions may include blocking property and assets and not allowing ICC officials, employees and relatives to enter the United States. Human rights activists said sanctioning court officials would have a chilling effect and run counter to U.S. interests in other conflict zones where the court is investigating. “Victims of human rights abuses around the world turn to the International Criminal Court when they have nowhere else to go, and President Trump’s executive order will make it harder for them to find justice,” said Charlie Hogle, staff attorney with American Civil Liberties Union’s National Security Project. “The order also raises serious First Amendment concerns because it puts people in the United States at risk of harsh penalties for helping the court identify and investigate atrocities committed anywhere, by anyone.” Hogle said the order “is an attack on both accountability and free speech.” “You can disagree with the court and the way it operates, but this is beyond the pale,” Sarah Yager, Washington director of Human Rights Watch, said in an interview prior to the announcement. Like Israel, the U.S. is not among the court’s 124 members and has long harbored suspicions that a global court could arbitrarily prosecute U.S. officials. A 2002 law authorizes the Pentagon to liberate any American or U.S. ally held by the court. In 2020, Trump sanctioned chief prosecutor Karim Khan’s predecessor, Fatou Bensouda, over her decision to open an inquiry into war crimes committed by all sides, including the U.S., in Afghanistan. However, those sanctions were lifted under President Joe Biden, and the U.S. began to tepidly cooperate with the tribunal ? especially after Khan in 2023 charged Russian President Vladimir Putin with war crimes in Ukraine. Driving that turnaround was Sen. Lindsey Graham, R-S.C., who organized meetings in Washington, New York and Europe between Khan and GOP lawmakers who have been among the court’s fiercest critics.

Monday, January 27, 2025

A federal judge temporarily blocks Trump’s executive order

A federal judge on Thursday temporarily blocked President Donald Trump’s executive order denying U.S. citizenship to the children of parents living in the country illegally, calling it “blatantly unconstitutional” during the first hearing in a multi-state effort challenging the order. The 14th Amendment to the Constitution promises citizenship to those born on U.S. soil, a measure ratified in 1868 to ensure citizenship for former slaves after the Civil War. But in an effort to curb unlawful immigration, Trump issued the executive order just after being sworn in for his second term on Monday. The order would deny citizenship to those born after Feb. 19 whose parents are in the country illegally. It also forbids U.S. agencies from issuing any document or accepting any state document recognizing citizenship for such children.Trump’s order drew immediate legal challenges across the country, with at least five lawsuits being brought by 22 states and a number of immigrants rights groups. A lawsuit brought by Washington, Arizona, Oregon and Illinois was the first to get a hearing. “I’ve been on the bench for over four decades. I can’t remember another case where the question presented was as clear as this one is,” U.S. District Judge John Coughenour told a Justice Department attorney. “This is a blatantly unconstitutional order.” Thursday’s decision prevents the Trump administration from taking steps to implement the executive order for 14 days. In the meantime, the parties will submit further arguments about the merits of Trump’s order. Coughenour scheduled a hearing on Feb. 6 to decide whether to block it long term as the case proceeds. Coughenour, 84, a Ronald Reagan appointee who was nominated to the federal bench in 1981, grilled the DOJ attorney, Brett Shumate, asking whether Shumate personally believed the order was constitutional. “I have difficulty understanding how a member of the bar could state unequivocally that this is a constitutional order,” he added. Shumate assured the judge he did — “absolutely.” He said the arguments the Trump administration is making now have never previously been litigated, and that there was no reason to issue a 14-day temporary restraining order when it would expire before the executive order takes effect. The Department of Justice later said in a statement that it will “vigorously defend” the president’s executive order, which it said “correctly interprets the 14th Amendment of the U.S. Constitution.” “We look forward to presenting a full merits argument to the Court and to the American people, who are desperate to see our Nation’s laws enforced,” the department said. The U.S. is among about 30 countries where birthright citizenship — the principle of jus soli or “right of the soil” — is applied. Most are in the Americas, and Canada and Mexico are among them. The 14th Amendment was ratified in 1868, in the aftermath of the Civil War, to ensure citizenship for former slaves and free African Americans. It states: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Trump’s order asserts that the children of noncitizens are not “subject to the jurisdiction” of the United States, and therefore not entitled to citizenship. Arguing for the states on Thursday, Washington assistant attorney general Lane Polozola called that “absurd,” noting that neither those who have immigrated illegally nor their children are immune from U.S. law. “Are they not subject to the decisions of the immigration courts?” Polozola asked. “Must they not follow the law while they are here?” Polozola also said the restraining order was warranted because, among other reasons, the executive order would immediately start requiring the states to spend millions to revamp health care and benefits systems to reconsider an applicant’s citizenship status.

Saturday, January 18, 2025

Americans’ trust in nation’s court system hits record low, survey finds

At a time of heightened political division, Americans’ confidence in their country’s judicial system and courts dropped to a record low of 35% this year, according to a new Gallup poll. The United States saw a sharp drop of 24 percentage points over the last four years, setting the country apart from other wealthy nations where most people on average still express trust in their systems. The results come after a tumultuous period that included the overturning of the nationwide right to abortion, the indictment of former President Donald Trump and the subsequent withdrawal of federal charges, and his attacks on the integrity of the judicial system. The drop wasn’t limited to one end of the political spectrum. Confidence dropped among people who disapproved of the country’s leadership during Joe Biden’s presidency and among those who approved, according to Gallup. The respondents weren’t asked about their party affiliations. It’s become normal for people who disapprove of the country’s leadership to also lose at least some confidence in the court system. Still, the 17-point drop recorded among that group under Biden was precipitous, and the cases filed against Trump were likely factors, Gallup said. Among those who did approve of the country’s leadership, there was an 18-point decline between 2023 and 2024, possibly reflecting dissatisfaction with court rulings favoring Trump, Gallup found. Confidence in the judicial system had been above 60% among that group during the first three years of Biden’s presidency but nosedived this year. Trump had faced four criminal indictments this year, but only a hush-money case in New York ended with a trial and conviction before he won the presidential race. Since then, special counsel Jack Smith has ended his two federal cases, which pertained to Trump’s efforts to overturn his 2020 election loss and allegations that he hoarded classified documents at his Mar-a-Lago estate in Florida. A separate state election interference case in Fulton County, Georgia, is largely on hold. Trump denies wrongdoing in all. Other Gallup findings have shown that Democrats’ confidence in the Supreme Court dropped by 25 points between 2021 and 2022, the year the justices overturned constitutional protections for abortion. Their trust climbed a bit, to 34%, in 2023, but dropped again to 24% in 2024. The change comes after a Supreme Court opinion that Trump and other former presidents have broad immunity from criminal prosecution.

Saturday, January 11, 2025

Supreme Court seems likely to uphold a law that could ban TikTok in the US

The Supreme Court seemed likely to uphold a law that would ban TikTok in the United States beginning Jan. 19 unless the popular social media program is sold by its China-based parent company. Hearing arguments in a momentous clash of free speech and national security concerns, the justices seemed persuaded by arguments that the national security threat posed by the company’s connections to China override concerns about restricting the speech, either of TikTok or its 170 million users in the United States. Congressman says TikTok ban would be about reducing risk imposed by foreign adversary Rep. John Moolenaar, chair of the House Select Committee on the Chinese Communist Party, on Friday said the Supreme Court had highlighted the fact that the lawmakers were not talking about eliminating speech. “We’re actually reducing the risk imposed by a foreign adversary to manipulate communications and steal data from the American people,” the congressman said. TikTok law was a priority for the Select Committee, formed just two years ago to build bipartisan consensus to identify threats posed by Beijing. Chinese embassy criticizes the US for using state power to ‘suppress’ TikTok The Chinese embassy in Washington issued a statement on Friday criticizing the U.S. government for using state power to suppress TikTok and said Beijing will “take all necessary measures to resolutely safeguard its legitimate rights and interests.” “The U.S. has never found evidence that TikTok threatens U.S. national security, but it has used state power and abused national security reasons to unreasonably suppress it, which is not fair or just at all,” said Liu Pengyu, the embassy spokesman. “The U.S. should truly respect the principles of market economy and fair competition, stop unreasonably suppressing companies from other countries, and provide an open, fair, just and non-discriminatory environment for companies from all countries to invest and operate in the U.S.” TikTok content creators who sued the government over the law speak out Creators who spoke at TikTok’s press conference on Friday expressed dismay that the platform they’ve relied on could soon be banned. Paul Tran, co-founder of the skin-care company Love and Pebble, said he and his wife built the company on the app and is hoping for a solution that would protect national security and preserve access to the app. “The First Amendment isn’t a relic of the past. It’s a living promise that must be defended in our digital age,” he said. Memphis cookbook author Chloe Joy Sexton said she joined TikTok when her job fired her because she was pregnant and it allowed her to start her business, Chloe’s Giant Cookies. “I have now shipped thousands of cookies all over the world and even published a cookbook as a small business without a lot of capital,” she said. “I rely almost entirely on TikTok to market my products.” She said no other platform can replace TikTok. “I have tried posting this same exact content on other social media apps without anywhere near the same access, same success.” Mississippi hip-hop artist Christopher Townsend said he started his TikTok account to share his political views and material from the Bible. Without the app, he said he would lose a platform that allows him to share his views in a way that another platform has not. The lawsuit from the content creators was filed last May, shortly after President Joe Biden signed the measure into law. TikTok is covering the legal costs for the lawsuit, which was consolidated with the complaint filed by the company and other challenge brought by a group called BASED politics.

Wednesday, January 1, 2025

Pentagon chief loses bid to reject 9/11 plea deals

A military appeals court has ruled against Defense Secretary Lloyd Austin’s effort to throw out the plea deals reached for Khalid Sheikh Mohammed and two other defendants in the 9/11 attacks, a U.S. official said. The decision puts back on track the agreements that would have the three men plead guilty to one of the deadliest attacks on the United States in exchange for being spared the possibility of the death penalty. The attacks by al-Qaida killed nearly 3,000 people on Sept. 11, 2001, and helped spur U.S. invasions of Afghanistan and Iraq in what the George W. Bush administration called its war on terror. The military appeals court released its ruling Monday night, according to the U.S. official, who was not authorized to discuss the matter publicly and spoke on condition of anonymity. Military prosecutors and defense attorneys for Mohammed, the accused mastermind of the attacks, and two co-defendants reached the plea agreements after two years of government-approved negotiations. The deals were announced late last summer. Supporters of the plea agreements see them as a way of resolving the legally troubled case against the men at the U.S. military commission at Guantanamo Bay naval base in Cuba. Pretrial hearings for Mohammed, Walid bin Attash and Mustafa al-Hawsawi have been underway for more than a decade. Much of the focus of pretrial arguments has been on how torture of the men while in CIA custody in the first years after their detention may taint the overall evidence in the case. Within days of news of the plea deal this summer, Austin issued a brief order saying he was nullifying them. He cited the gravity of the 9/11 attacks in saying that as defense secretary, he should decide on any plea agreements that would spare the defendants the possibility of execution. Defense lawyers said Austin had no legal authority to reject a decision already approved by the Guantanamo court’s top authority and said the move amounted to unlawful interference in the case. The military judge hearing the 9/11 case, Air Force Col. Matthew McCall, had agreed that Austin lacked standing to throw out the plea bargains after they were underway. That had set up the Defense Department’s appeal to the military appeals court. Austin now has the option of taking his effort to throw out the plea deals to the U.S. Court of Appeals for the District of Columbia Circuit. The Pentagon did not immediately respond to a request for comment. Separately, the Pentagon said it had repatriated one of the longest-held detainees at the Guantanamo military prison, a Tunisian man who U.S. authorities approved for transfer more than a decade ago. Ridah bin Saleh al-Yazidi’s return to Tunisia leaves 26 men at Guantanamo. That’s down from a peak population of about 700 Muslim men detained abroad and brought to the prison in the years after the Sept. 11 attacks. Al-Yazidi’s repatriation leaves 14 men awaiting transfer to other countries after U.S. authorities waived any prosecution and cleared them as security risks. The Biden administration, pressed by rights groups to free remaining Guantanamo detainees held without charge, transferred out three other men this month. The U.S. says it is searching for suitable and stable countries willing to receive the remaining 14. In a statement, the U.S. military said it had worked with authorities in Tunisia for the “responsible transfer” of al-Yazidi. He had been a prisoner at Guantanamo since 2002, when the U.S. began sending Muslim detainees taken abroad there. Al-Yazidi is the last of a dozen Tunisian men once held at Guantanamo. Of those remaining at Guantanamo, seven — including Mohammed and his 9/11 co-defendants — face active cases. Two others of the 26 total have been convicted and sentenced by the military commission.

Saturday, December 21, 2024

Amazon workers strike at multiple facilities as Teamsters seek labor contract

Workers at seven Amazon facilities went on strike Thursday, an effort by the Teamsters to pressure the e-commerce company for a labor agreement during a key shopping period. The Teamsters say the workers, who authorized strikes in the past few days, are joining the picket line after Amazon ignored a Sunday deadline the union set for contract negotiations. Amazon says it doesn’t expect an impact on its operations during what the union calls the largest strike against the company in U.S. history. The International Brotherhood of Teamsters say they represent nearly 10,000 workers at 10 Amazon facilities, a small portion of the 1.5 million people Amazon employs in its warehouses and corporate offices. At one warehouse, located in New York City’s Staten Island borough, thousands of workers who voted for the Amazon Labor Union in 2022 and have since affiliated with the Teamsters. At the other facilities, employees - including many delivery drivers - have unionized with them by demonstrating majority support but without holding government-administered elections. The strikes happening Thursday are taking place at one Amazon warehouse in San Francisco, California, and six delivery stations in southern California, New York City; Atlanta, Georgia, and Skokie, Illinois, according to the union’s announcement. Amazon workers at the other facilities are “prepared to join,” the union said. “Amazon is pushing its workers closer to the picket line by failing to show them the respect they have earned,” Teamsters General President Sean M. O’Brien said in a statement. The Seattle-based online retailer has been seeking to re-do the election that led to the union victory at the warehouse on Staten Island, which the Teamsters now represent. In the process, the company has filed a lawsuit challenging the constitutionality of the National Labor Relations Board.

Friday, December 6, 2024

Harvey Weinstein hospitalized after ‘alarming blood test,’ attorney says

Harvey Weinstein was hospitalized Monday following an “alarming blood test,” his attorney said, less than a week after the disgraced movie mogul filed a legal claim alleging substandard medical care at New York City’s notorious jail complex. Weinstein, 72, was sent to Bellevue Hospital in Manhattan for an “emergent treatment due to an alarming blood test result that requires immediate medical attention,” his attorney, Imran Ansari, said in a statement. “It is expected that he will remain there until his condition stabilizes,” the statement continues. “His deprivation of care is not only medical malpractice, but a violation of his constitutional rights.” A spokesperson for New York City’s Department of Correction did not immediately respond to an email. The agency’s inmate database confirmed that Weinstein had been transferred from Rikers Island to the Bellevue Hospital Prison Ward in Manhattan. Weinstein has been in city custody since earlier this year after the New York Court of Appeals overturned his 2020 rape conviction in the state. The case is set to be retried in 2025. Weinstein has denied any wrongdoing. In a legal filing last week, Weinstein’s attorneys accused the city of providing him with substandard medical care for a litany of medical afflictions, which include chronic myeloid leukemia and diabetes. “When I last visited him, I found him with blood spatter on his prison garb, possibly from IV’s, clothes that had not been washed for weeks, and he had not even been provided clean underwear — hardly sanitary conditions for someone with severe medical conditions,” Ansari said in a statement that likened Rikers Island to a “gulag.” The troubled jail complex, located on an island in New York City’s East River, has faced growing scrutiny for its mistreatment of detainees and dangerous conditions. Last week, a federal judge cleared the way for a possible federal takeover of the jail system, finding the city had placed its incarcerated population in “unconstitutional danger.” A publicist for Weinstein, Juda Engelmayer, echoed the allegation in a statement Monday. “Mr. Weinstein, who is suffering from a number of illnesses, including leukemia, has been deprived the medical attention that someone in his medical state deserves, prisoner or not,” he said. “In many ways, this mistreatment constitutes cruel and unusual punishment.”