July, 03 2017, 04:15pm EDT
For Immediate Release
Contact:
Email:,press@lawyerscommittee.org
Lawyers' Committee for Civil Rights Under Law Files Hatch Act Complaint Against Kris Kobach
Complaint Flags Likely Hatch Violations Connected to Kobach's Role on the "Election Integrity Commission"
WASHINGTON
Today, the Lawyers' Committee for Civil Rights Under Law filed a formal Hatch Act Complaint against Kris Kobach who appears to have violated the Hatch Act in connection with his role as Vice Chair of the Presidential Advisory Commission on Election Integrity. Kobach, who recently announced his candidacy for the 2018 Kansas gubernatorial election, has repeatedly exploited his Commission role to promote his candidacy and to solicit campaign contributions. Some of these actions took place while Mr. Kobach appeared in his official capacity as a representative of the "Election Integrity Commission".
"Kris Kobach appears to be using his official role as head of the so-called Election Integrity Commission to promote his candidacy for Governor of Kansas," said Kristen Clarke, President and Executive Director of the Lawyers' Committee for Civil Rights Under Law. "The Hatch Act's central purpose is to prevent federal employees from using their official position for electoral purposes. We deem the President's Election Integrity Commission to be a baseless tool to promote voter suppression and Mr. Kobach's unlawful abuse of his role as head of the Commission for partisan ends only underscores the illegitimacy of the Commission itself. The separation of official and campaign business is critical to ensuring that partisanship does not infect official government business."
The Hatch Act prohibits any executive branch employee from "us[ing] his official authority or influence for the purpose of interfering with or affecting the result of an election." Kris Kobach, a special government employee, is subject to the Hatch Act because of his role with the Commission. While SGEs, unlike full-time employees, can run for partisan political office, they must maintain strict separation between their candidacy and their federal government service. Mr. Kobach appears to have violated the Hatch Act on multiple occasions. Kobach prominently used his position as Vice Chair of the Commission to promote his candidacy and to solicit campaign funds.
"A Presidential Commission that could greatly affect our Nation's electoral system must operate free of partisan influence or ulterior motives. By exploiting his Commission role to promote his candidacy for Governor, Mr. Kobach has raised serious doubt as to both," said Daniel Jacobson, Associate, Arnold & Porter Kaye Scholer LLP.
Instances in which Mr. Kobach took action that may have violated the Hatch Act include the following:
Mr. Kobach promoted his June 30 interviews with Fox News and MSNBC--in which he was indisputably appearing as a representative of the Commission--on his Twitter page in advance. He then provided summaries and video of the Fox News interview on his Twitter and Facebook pages, as well as on his campaign website, shortly after the interview aired. In so doing, Mr. Kobach made clear that those appearances while acting for the Commission were also in furtherance of his campaign.
The homepage of Mr. Kobach's campaign website includes two television interviews that Mr. Kobach conducted on Fox News and MSNBC on June 30, 2017, both of which focused entirely on Mr. Kobach's work on the Commission.
The "About" page of the campaign website further highlights Mr. Kobach's role on the Commission, stating that "President Trump knows there is no greater leader on these issues, which is why he named Kris to serve as the Vice Chair of the Presidential Commission on Election Integrity."
The "News" page of the website links to three news stories, each of which centers on Mr. Kobach's work on the Commission. There is a "Contribute" button immediately to the right of the stories, and immediately below that Contribute button the page displays the most recent post on Mr. Kobach's Facebook page (which as of July 1, was his June 30 Fox News interview discussing the work of the Commission).
Mr. Kobach's Twitter profile states that the page is "Paid for by Kansas for Kobach," and his Facebook page displays his campaign logo. The Twitter and Facebook pages collectively contain at least 28 different posts in which Mr. Kobach has described his work on the Commission. These include 3 Twitter posts on June 30 promoting or recapping Mr. Kobach's interviews on Fox News and MSNBC that same day, and a June 30 Facebook post embedding video of the Fox News interview.
Mr. Kobach has also described his role on the Commission in campaign appearances. For instance, Mr. Kobach appeared on a local "let's have a beer and talk" television segment the day he launched his campaign. In the course of the interview, he referenced his position as Vice Chair of the Commission and described the work he expected the Commission to perform.
The Lawyers' Committee for Civil Rights Under Law filed a formal complaint today with the Office of Special Counsel and will continue to closely examine and scrutinize the activities of the Election Integrity Commission.
The Lawyers' Committee is a nonpartisan, nonprofit organization, formed in 1963 at the request of President John F. Kennedy to enlist the private bar's leadership and resources in combating racial discrimination and the resulting inequality of opportunity - work that continues to be vital today.
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'All Because Columbia Refuses to Divest': Police Storm Campus, Violently Arrest Dozens
"The U.S. government and institutions like Columbia are showing that they would rather brutalize students than divest from apartheid and genocide."
May 01, 2024
Hundreds of New York City police officers descended on Columbia University Tuesday night to arrest dozens of pro-Palestinian student protesters and dismantle a Gaza solidarity encampment that inspired campus protests across the United States, with demonstrators calling on their schools to divest from companies profiting off Israel's devastating war.
Police, some wearing riot gear, entered Columbia's campus at the request of the university's president, Minouche Shafik, who authorized the NYPD to "clear all individuals from Hamilton Hall and all campus encampments."
Video footage shows officers entering a campus building that students occupied hours earlier, renaming it "Hind's Hall" after a 6-year-old girl who was killed by Israeli forces earlier this year. The Columbia Daily Spectator, the university's student newspaper, reported that "as they entered the building, officers threw down the metal and wooden tables barricading the doors and shattered the glass on the leftmost doors of Hamilton to enter with shields in hand."
"Several officers drew their guns, according to footage posted by NYPD Deputy Commissioner of Operations Kaz Daughtry," the newspaper added. "At around 9:37 pm, officers led dozens of protesters out the entrance of Hamilton. The protesters' hands were zip-tied behind their backs. The arrested individuals chanted, 'Free, free Palestine' as they were led away from the building."
Footage of NYPD tactical teams raiding and clearing Columbia University. pic.twitter.com/roUe9Dp7Vb
— Moshe Schwartz (@YWNReporter) May 1, 2024
Other footage shows NYPD officers forcing their way through students who locked arms in front of the occupied campus building. One cop is seen kneeing a student on the ground.
Students reported that police used tear gas, which is banned in war, on demonstrators.
"Tonight, my university called in a militarized police force—armed in riot gear, with guns drawn, deploying weapons banned under international law—to attack teenagers," Lea Salim, a student member of Jewish Voice for Peace-Columbia/Barnard, said in a statement. "All because Columbia refuses to divest from the Israeli military and its genocidal campaign on the people of Gaza."
NYPD just raided the Columbia campus and broken into the Hamilton building making dozens of violent arrests against students both outside and those occupying inside. pic.twitter.com/7wMp3EctZF
— Gerard (@GerardDalbon) May 1, 2024
As police set up barricades around the perimeter of the campus, onlookers gathered and chanted, "Let the students go!" in solidarity with the arrested demonstrators.
Rep. Jamaal Bowman (D-N.Y.) said he was "outraged" by the police presence at both Columbia and the City College of New York, writing on social media that the "militarization of college campuses, extensive police presence, and arrest of hundreds of students are in direct opposition to the role of education as a cornerstone of our democracy."
"I call upon the Columbia administration to stop this dangerous escalation before it leads to further harm," Bowman added, "and allow the faculty back onto campus so that all parties can collectively come to a solution that centers humanity over hate."
“Let the students go.”
Crowds gather outside the police barricade surrounding Columbia University to demonstrate solidarity with student protesters.
Police have arrested multiple pro-Palestinian demonstrators after entering the campus. pic.twitter.com/0Ut6HHPWhB
— Middle East Eye (@MiddleEastEye) May 1, 2024
In a letter to the New York City Police Department on Tuesday, Shafik—who is facing mounting calls to resign—requested that officers maintain a presence on Columbia's campus "through at least May 17, 2024 to maintain order and ensure encampments are not reestablished."
The police crackdown on Columbia students is part of a broader wave of repression against campus protests that have emerged across the country in recent weeks as Israel's assault on and forced starvation of Gaza civilians continues with no end in sight.
Police actions, approved by the leaders of some universities and cheered on by right-wing government officials, have drawn international rebukes. In a statement Tuesday, United Nations High Commissioner for Human Rights Volker TĂĽrk said he is "concerned that some of law enforcement actions across a series of universities appear disproportionate in their impacts."
"U.S. universities have a strong, historic tradition of student activism, strident debate and freedom of expression and peaceful assembly, "TĂĽrk said. "It must be clear that legitimate exercises of the freedom of expression cannot be conflated with incitement to violence and hatred."
Observers were quick to note the parallels between the police crackdown on civil rights and anti-war protests at Columbia in 1968 and Tuesday's raid.
The Columbia Spectator, New York, Tuesday, April 30, 1968: https://t.co/4sNEDQ38Ks pic.twitter.com/2GO9MwUdx7
— philip lewis (@Phil_Lewis_) May 1, 2024
Stefanie Fox, executive director of Jewish Voice for Peace, said in response to the police invasion of Columbia Tuesday that "the U.S. has funded and supported the Israeli government's oppression of Palestinians for decades, with private institutions across the country profiting from the same."
Organizers have specifically demanded that Columbia divest its nearly $14 billion endowment from Caterpillar, Hyundai Heavy Industries, Hewlett Packard Enterprise, Elbit Systems, Mekorot, Hapoalim, Boeing, and Lockheed Martin.
"These students are saying: enough," said Fox. "As Prime Minister Netanyahu prepares to launch a ground invasion on Rafah—now home to one million displaced Palestinians—the U.S. government and institutions like Columbia are showing that they would rather brutalize students than divest from apartheid and genocide."
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U.S. Sen. Bernie Sanders on Tuesday lauded the Biden administration for expanding its "campaign against pharmaceutical manufacturers' improper or inaccurate listing of patents" for a wide range of drugs including Novo Nordisk's Ozempic.
"Let me commend the Federal Trade Commission, under the leadership of Chair Lina Khan, for taking bold action today against the bogus patents Novo Nordisk has filed to prevent Americans struggling with diabetes from receiving a generic version of Ozempic at a much lower price," Sanders (I-Vt.) said in a statement.
Sanders—who leads the Senate Health, Education, Labor, and Pensions (HELP) Committee—stressed that "Novo Nordisk must not be allowed to make billions in profits by delaying generic competition for Ozempic by unlawfully filing junk patents that have nothing to do with the drug itself, but the injection pen."
"Last week, the HELP Committee, that I chair, launched an investigation into the outrageously high prices Novo Nordisk is charging for Ozempic and Wegovy in the United States," he noted. The former name is used when the patient is taking the medication for Type 2 diabetes and the latter is used when it is prescribed to treat obesity in adults with at least one weight-related comorbidity.
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After disputing more than 100 patents in the Food and Drug Administration's (FDA) Orange Book in November, the FTC on Tuesday sent warning letters to 10 companies and notified the agency that it challenges the accuracy or relevance of over 300 listing across 20 different brand name products.
In addition to Denmark-based Novo Nordisk, the FTC sent letters to Amphastar Pharmaceuticals, AstraZeneca, Boehringer Ingelheim, Covis Pharma, Glaxo-Smith Kline, Novartis Pharmaceuticals, Teva Pharmaceutical Industries, and some subsidiaries for asthma, chronic obstructive pulmonary disease (COPD), diabetes, and weight loss drugs.
"By filing bogus patent listings, pharma companies block competition and inflate the cost of prescription drugs, forcing Americans to pay sky-high prices for medicines they rely on," said Khan. "By challenging junk patent filings, the FTC is fighting these illegal tactics and making sure that Americans can get timely access to innovative and affordable versions of the medicines they need."
Sanders was not alone in praising the commission and its leader—an appointee of President Joe Biden—for the ongoing efforts to battle Big Pharma's greed.
Public Citizen's Access to Medicines program advocate, Steve Knievel, said that "it's becoming harder for drug corporations to use patent shenanigans to thwart competition, thanks to the FTC and Chair Lina Khan."
"Improperly listing patents in the FDA Orange Book stymies generic competition, which is proven to dramatically lower prescription drug prices, saving patients and the public billions of dollars," he said, echoing Khan. "Today's letter is yet another demonstration from the Biden-Harris administration that Big Pharma business-as-usual monopoly abuses and price gouging will not be tolerated."
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Sen. Cory Booker urged fellow lawmakers to "follow the lead of states around the country and legalize cannabis for adult use and create a comprehensive taxation and regulatory scheme."
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U.S. marijuana legalization advocates greeted Tuesday's news that the Drug Enforcement Administration is proposing rescheduling cannabis to a less restrictive class by calling on President Joe Biden to fully deschedule the plant, which is approved for recreational or medicinal use in the vast majority of states.
The Associated Pressreported the DEA is proposing rescheduling marijuana from Schedule I—which includes heroin, MDMA, and LSD—to Schedule III, a far less restrictive class that includes ketamine, anabolic steroids, testosterone, and over-the-counter products containing less than 90 milligrams of codeine per dose. According to the DEA, Schedule I drugs have "no currently accepted medical use and a high potential for abuse."
While it would not legalize cannabis for recreational use, the DEA proposal—which is subject to review by the White House Office of Management and Budget—would affirm medicinal marijuana and recognize that the plant has a lower potential for abuse than other widely used recreational drugs.
The Drug Policy Alliance (DPA)—which works to end the failed 53-year War on Drugs—warned that "under this proposed shift, marijuana criminalization would continue at the federal level and most penalties, including those for simple possession, would continue as long as marijuana remains anywhere on the Controlled Substances Act (CSA)."
While running for president in 2020, Biden repeatedly vowed to decriminalize marijuana and expunge the criminal records of people convicted of cannabis possession. In 2022 the president issued a "full, complete, and unconditional pardon to all current United States citizens and lawful permanent residents" convicted of simple federal marijuana possession—a move that affected thousands of people but excluded those who are in the United States without authorization.
The following year, Health and Human Services (HHS) Secretary Xavier Becerra confirmed that his department would recommend rescheduling cannabis to Schedule III.
Sen. Cory Booker (D-N.J.) on Tuesday urged Congress to "follow the lead of states around the country and legalize cannabis for adult use and create a comprehensive taxation and regulatory scheme."
"Thousands of people remain in prisons around the country for marijuana-related crimes. Thousands of people continue to bear the devastating collateral consequences that come with a criminal record," the senator continued. "Legal marijuana businesses, especially those in communities hardest hit by the War on Drugs, still have to navigate a convoluted patchwork of state laws and regulatory schemes."
"I hope that my colleagues on both sides of the aisle, especially those who represent constituents benefiting from medical or adult-use programs, join me to pass federal legislation to fix these problems," Booker added.
Senate Majority Leader Chuck Schumer (D-N.Y.) said that "it is great news that DEA is finally recognizing that restrictive and draconian cannabis laws need to change to catch up to what science and the majority of Americans have said loud and clear."
"While this rescheduling announcement is a historic step forward, I remain strongly committed to continuing to work on legislation like the SAFER Banking Act as well as the Cannabis Administration and Opportunity Act, which federally deschedules cannabis by removing it from the Controlled Substances Act," he added.
Booker and Schumer were among the 21 senators who last week sent a letter to U.S. Attorney General Merrick Garland and DEA Administrator Anne Milgram noting that it's been 18 months since Biden ordered HHS October to review cannabis scheduling and eight months since the agency's rescheduling recommendation.
"While we understand that the DEA may be navigating internal disagreement on this matter, it is critical that the agency swiftly correct marijuana's misguided placement in Schedule I," the letter states.
Legalization advocates, meanwhile, pushed the Biden administration to go much further, as 24 states plus the District of Columbia have approved adult-use recreational marijuana and 38 states have legalized medicinal cannabis.
"Supporting federal marijuana decriminalization means supporting the removal of marijuana from the Controlled Substances Act, not changing its scheduling," DPA director of drug markets and legal regulation Cat Packer said in a statement. "We all deserve a federal framework for marijuana that upholds the health, well-being, and safety of our communities—particularly Black communities who have borne the brunt of our country's racist enforcement of marijuana laws."
"Rescheduling marijuana is not a policy solution for federal marijuana criminalization or its harms, and it won't address the disproportionate impact that it has had on Black and Brown communities," Packer added.
Dasheeda Dawson, chair of the Cannabis Regulators of Color Coalition and founder of Cannabis NYC, said: "The time for descheduling cannabis is not just a matter of policy; it's an imperative for justice and equity. Rescheduling would undermine the hard-fought progress made by cannabis equity and policy reform leaders like the Cannabis Regulators of Color Coalition, jeopardizing the livelihoods and futures of those entrepreneurs and communities disproportionately affected by past criminalization."
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