April, 12 2017, 02:15pm EDT
Court Won't Reconsider Private Prisons' Appeal
Private Prison Corporations Fail to Prevent Release of Immigration Detention Documents
NEW YORK
Last night, the two largest private prison corporations in the U.S. suffered their third defeat in the courts over whether they could keep the details of their government contracts secret. The full Second Circuit Court of Appeals declined to reconsider a decision by a three-judge panel dismissing their appeal as they sought to block the release of government documents about their immigration detention practices. In a case brought by Detention Watch Network (DWN) and the Center for Constitutional Rights (CCR), a federal judge ruled in July that under the Freedom of Information Act (FOIA) the government must release details of its contracts with private prison corporations. The government chose not to appeal, but the United States' two largest private prison corporations, the GEO Group and Corrections Corporation of America (CCA), recently rebranded as "CoreCivic," intervened to stop the release and filed an appeal of their own. The appellate panel dismissed that appeal in February.
"The court's ruling is yet another victory against private prison corporations who are fighting hard to avoid accountability," said Mary Small, Policy Director of Detention Watch Network. "It's astounding that private prison contractors thought they had the right to dictate the scope of government secrecy. But the Second Circuit has shown that courts can still exercise oversight over frivolous attempts to hide the profiteering schemes that devastate immigrant communities and the American public. This victory is especially important as we face a presidential administration committed to mass privatization and a retrenchment in transparency in addition to increasingly aggressive detention and deportation."
"The Second Circuit has rightly ruled, again, that private contractors cannot be allowed to stand in the shoes of government and make decisions about dissemination of government information to the public," said Jennifer-Brooke Condon of the Center for Social Justice of the Seton Hall University School of Law, which co-counsels the case with CCR. "CCA and GEO sought to interfere with the balance Congress sought to strike between the public and their elected representatives regarding the transparency appropriate in our democracy."
"The court has rightly affirmed that private corporations that take on public functions must be subject to public scrutiny," said Center for Constitutional Rights Senior Staff Attorney Ghita Schwarz. "This is an important decision at a time of increasing privatization and increasingly abusive immigration practices: private detention does not mean decreased transparency."
The Second Circuit's decision lets stand the July ruling by the district court, which rejected arguments by the Department of Homeland Security (DHS) and the U.S. Immigration and Customs Enforcement (ICE) that the terms of government contracts constitute corporate trade secrets that may be withheld from the public. The court reasoned that the contract terms were not "confidential commercial information" and that releasing them would not harm the competitive advantage of the private prison companies. The court also ordered the release of details about staffing levels of medical and social service personnel in privately-run immigration detention facilities.
Detention Watch Network and the Center for Constitutional Rights filed the FOIA litigation to obtain information about the workings of the detention bed quota, which requires the funding of 34,000 immigration beds at any given time. DHS and ICE have interpreted the quota as a requirement that at least 34,000 immigrations beds must be filled at any given time. Critics say immigrants, including children and families, have been rendered a source of profit for contractors.
In June, Detention Watch Network and the Center for Constitutional Rights released a report, Banking on Detention 2016 Update, showing the extent to which ICE grants financial benefits to private and public entities that detain immigrants through government contracts requiring ICE to pay for guaranteed minimums at detention facilities.
The case is Detention Watch Network et al. v. ICE et al. Read yesterday's orders from the Second Circuit Court of Appeals here and here.
Detention Watch Network (DWN) is a national coalition of organizations and individuals working to expose and challenge the injustices of the United States' immigration detention and deportation system and advocate for profound change that promotes the rights and dignity of all persons. Founded in 1997 by immigrant rights groups, DWN brings together advocates to unify strategy and build partnerships on a local and national level to end immigration detention. Visit www.detentionwatchnetwork.org. Follow @DetentionWatch.
The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. CCR is committed to the creative use of law as a positive force for social change.
(212) 614-6464LATEST NEWS
Biden 'Moving the Goal Post' With Threat to Withhold Bombs From Israel
"Now Israel has a green light to destroy Rafah in slow motion," said one critic.
May 08, 2024
While some Palestine defenders on Wednesday welcomed U.S. President Joe Biden's threat to withhold bombs and artillery shells from Israel if it launches a major invasion of Rafah, critics noted that an invasion is already underway and accused the American leader of walking back a previous "red line" warning against an Israeli assault on the southern Gaza city.
Biden said for the first time that he'll stop sending bombs, artillery shells, and other arms to Israel if Prime Minister Benjamin Netanyahu orders a major invasion of Rafah, where more than a million Palestinians forcibly displaced from other parts of the embattled Gaza Strip are sheltering alongside around 280,000 local residents.
Referring to Israel's use of U.S.-supplied 2,000-pound bombs—which can destroy an entire city block and have been used in some of the war's worst atrocities—Biden toldCNN's Erin Burnett that "civilians have been killed in Gaza as a consequence of those bombs and other ways in which they go after population centers."
Even the U.S. military—which has killed more foreign civilians than any other armed force on the planet since the end of World War II—won't use 2,000-pound bombs in urban areas. But Israel does, including when it launched a strike to assassinate a single Hamas commander by dropping the munitions on the Jabalia refugee camp last October, killing more than 120 civilians.
"If they go into Rafah, I'm not supplying the weapons that have been used historically to deal with Rafah, to deal with the cities," Biden said Wednesday.
Israeli forces have already gone into Rafah, and it was reported Tuesday that Biden was taking the unusual step of delaying shipments of two types of Boeing-made bombs to Israel to send a message to the country's far-right government. It was, however, a mixed message, as the president also earlier in the day reaffirmed his support for Israel's war on Gaza, which the International Court of Justice said is "plausibly" genocidal in a preliminary ruling in January.
Critics noted the shifting and subjective language used by Biden—who previously said that any Israeli invasion of Rafah would constitute a "red line" resulting in unspecified consequences.
"He said invading Rafah was a red line. Israel invaded Rafah anyway, bombing buildings, burning and crushing children to death," political analyst Omar Baddar said on social media. "Biden is now moving the goal post by adding a completely subjective descriptor: 'Major.' Now Israel has a green light to destroy Rafah in slow motion."
During the course of the seven-month Israeli assault on Gaza—which has killed, maimed, or left missing more than 124,000 Palestinians—Biden has said Israel has killed "too many civilians" with its "indiscriminate bombing," even as he's pushed for more and more military aid for the key ally.
Wednesday's interview came on the heels of Biden's approval of a $14.3 billion emergency military aid package to Israel, multiple moves to sidestep Congress to fast-track armed assistance, nearly $4 billion in previously authorized annual military aid, and diplomatic cover in the form of several United Nations Security Council vetoes.
Reporting that the Biden administration will delay a highly anticipated report on whether Israel is using U.S. military aid in compliance with international law also drew backlash Tuesday from human rights advocates.
Referring to Israel's U.S.-funded anti-missile system, Biden continued his supportive rhetoric during Wednesday's CNN interview, telling Burnett that "we're going to continue to make sure Israel is secure in terms of Iron Dome and their ability to respond to attacks."
But the president added that Israel's use of devastating weaponry against civilians is "just wrong," and that "we're not going to supply the weapons and artillery shells."
Some peace groups welcomed Biden's threat to withhold bombs and artillery shells from Israel, even while urging him to do more to stop his ally's genocidal onslaught.
"Biden's statement is as necessary as it is over overdue," Jewish Voice for Peace executive director Stefanie Fox said in a statement. "The U.S. already bears responsibility for months of catastrophic devastation: The nearly 40,000 Palestinians that the Israeli military has killed, the two million Palestinians being intentionally brought to the brink of famine, the decimation of all universities and almost every hospital in Gaza."
"Today's statement shows that Biden can no longer ignore the will of the majority of Americans who want a permanent cease-fire, release of all hostages, and an end to U.S. complicity in Israeli war crimes," Fox added.
Keep ReadingShow Less
House Dems Save 'MAGA Mike' Johnson From Marjorie Taylor Greene Ouster
"The GOP chaos caucus continues to do nothing for the American people and instead waste time infighting," said Rep. Pramila Jayapal, who did not support saving the far-right leader.
May 08, 2024
The majority of Democrats and Republicans in the U.S. House of Representatives on Wednesday saved far-right Speaker Mike Johnson from Rep. Marjorie Taylor Greene's attempt to oust him after less than seven months in the leadership position.
Johnson's (R-La.) election to the role in October—following the ouster of former Speaker Kevin McCarthy (R-Calif.), who then left Congress early—was seen as a signal of the MAGA flank's hold on the Republican Party. However, since then he has faced criticism from Greene (R-Ga.) and others for, among other things, not shutting down the government.
Greene delivered on her threatened motion to vacate—provoking boos from fellow lawmakers—after meeting with Johnson for hours on Monday and Tuesday. The final vote to table her resolution was 359-43, with 196 Republicans and 163 Democrats backing the far-right speaker. Seven Democrats voted present and 21 lawmakers did not vote.
Ten Republicans joined Greene in trying to give Johnson the boot: Reps. Andy Biggs (Ariz.), Eric Burlison (Mo.), Eli Crane (Ariz.), Warren Davidson (Ohio), Paul Gosar (Ariz.), Thomas Massie (Ky.), Alex Mooney (W.Va.), Barry Moore (Ala.), Chip Roy (Texas), and Victoria Spartz (Ind.).
Addressing the position of most Democrats, House Minority Leader Hakeem Jeffries (N.Y.) said in a statement:
Our decision to stop Rep. Marjorie Taylor Greene from plunging the House of Representatives and the country into further chaos is rooted in our commitment to solving problems for everyday Americans in a bipartisan manner. We need more common sense and less chaos in Washington, D.C.
Marjorie Taylor Greene and the extreme MAGA Republicans are chaos agents. House Democrats are change agents. We will continue to govern in a reasonable, responsible, and results-oriented manner and to put people over politics all day and every day.
Some of the 32 Democrats who supported ousting Johnson framed the vote as proof that—in the words of Rep. Maxwell Alejandro Frost (Fla.)—the "GOP really can't govern" and the "chaos caucus is on display."
Congresswoman Pramila Jayapal (D-Wash.) similarly declared on social media that "the GOP chaos caucus continues to do nothing for the American people and instead waste time infighting."
"Speaker Johnson organized an amicus brief effort to overturn the 2020 election. He opposes abortion rights, trans rights, and voting rights," Jayapal also said. "That's why I did not vote to save his speakership."
Rep. Gerry Connolly (D-Va.) also explained his vote on social media, saying: "Mike Johnson is the most ideological, right-wing speaker since the 1830s. His views and values are directly antithetical to mine. He stands for everything we, as freedom-loving Democrats, proudly stand against. I will never vote to keep him in that chair."
Congressman Mark Pocan (D-Wis.) was one of the members who voted present, which does not count for or against passage.
"Did I vote with the extremist white Christian nationalist who called a motion to vacate the speakership or did I vote to save the extremist homophobic Christian nationalist speaker to keep him in office?" Pocan said. "Neither. I voted 'present' on this sideshow."
Keep ReadingShow Less
Extending Trump Tax Cuts Would Add $4.6 Trillion to Deficit: CBO
"We can't afford 10 more years of giveaways to the wealthy and corporations and fail to invest in the people who drive our economy," said the head of Groundwork Collaborative. "This tax law should expire."
May 08, 2024
As former U.S. President Donald Trump and congressional Republicans campaign on extending their 2017 tax cuts if elected in November, a government analysis revealed Wednesday that doing so would add $4.6 trillion to the national deficit.
When Trump signed the Tax Cuts and Jobs Act during his first term, the initial estimated cost was $1.9 trillion. Last year, the Congressional Budget Office (CBO) projected that extending policies set to expire next year would cost $3.5 trillion through 2033.
The new CBO report—sought by U.S. Senate Budget Committee Chair Sheldon Whitehouse (D-R.I.) and Senate Finance Committee Chair Ron Wyden (D-Ore.)—says continuing the income, business, and estate tax cuts will now cost $4.6 trillion through 2034.
"The Republican tax plan is to double down on Trump's handouts to corporations and the wealthy, run the deficit into the stratosphere, and make it impossible to save Medicare and Social Security or help families with the cost of living in America."
Responding in a statement Wednesday, the senators cited an Institute on Taxation and Economic Policy (ITEP) estimate that "extending the Trump tax cuts would create a $112.6 billion windfall for the top 5% of income earners in the first year alone."
They also slammed their GOP colleagues, who Whitehouse said "are awfully eager to shield their megadonors from paying taxes."
He recalled that just last year, "Republicans held our entire economy hostage," refusing to raise the debt ceiling and risking the first-ever U.S. default, because they didn't want the Internal Revenue Service to get more funding to "go after wealthy tax cheats."
"Remember the Trump tax scam cutting taxes for billionaires and big corporations," Whitehouse continued. "Now they're set on extending those tax cuts, even though it would blow up the deficit. The Trump tax cuts were a gift to the ultrarich and a rotten deal for American families and small businesses. With their impending expiration, we have a chance to undo the damage, fix our corrupted tax code, and have big corporations and the ultrawealthy begin to pay their fair share."
Wyden similarly took aim at the GOP, warning that "the Republican tax plan is to double down on Trump's handouts to corporations and the wealthy, run the deficit into the stratosphere, and make it impossible to save Medicare and Social Security or help families with the cost of living in America."
"Republicans have planned all along on making Trump's tax handouts to the rich permanent, but they hid the true cost with timing gimmicks and a 2025 deadline that threatens the middle class with an automatic tax hike if they don't get what they want," he argued. "In short, they're focused on helping the rich get richer, and everybody else can go pound sand. Democrats are going to stand by our commitment to protect the middle class while ensuring that corporations and the wealthy pay a fair share."
Groundwork Collaborative executive director Lindsay Owens also responded critically to the CBO report, saying Wednesday that "extending Trump's tax law and effectively subsidizing corporate profiteering and billionaire wealth is a nonstarter."
"This tax law, on top of decades of failed trickle-down cuts, has come at the expense of workers and families," Owens stressed. "We can't afford 10 more years of giveaways to the wealthy and corporations and fail to invest in the people who drive our economy. This tax law should expire."
While some of the tax cuts in the 2017 law are temporary—unless they get extended—the legislation permanently slashed the statutory corporate tax rate from 35% to 21%. As Common Dreamsreported last week, a new ITEP analysis shows that tax rates paid by big and consistently profitable corporations dropped from 22% to 12.8% after the law's enactment.
Keep ReadingShow Less
Most Popular