December, 08 2020, 11:00pm EDT
Case Against Facebook Heightens Need For Independent Executive Branch
Today the Federal Trade Commission and more than 40 state attorneys general filed antitrust lawsuits against Facebook. This follows the Department of Justice's lawsuit against Google, which was filed in October.
The following may be attributed to David Segal, Executive Director of Demand Progress, and Jeff Hauser, Executive Director of the Revolving Door Project:
WASHINGTON
Today the Federal Trade Commission and more than 40 state attorneys general filed antitrust lawsuits against Facebook. This follows the Department of Justice's lawsuit against Google, which was filed in October.
The following may be attributed to David Segal, Executive Director of Demand Progress, and Jeff Hauser, Executive Director of the Revolving Door Project:
"We applaud today's filing of lawsuits that aim to unwind Facebook's acquisitions of WhatsApp and Instagram, which have reduced competition in the social media, online advertising, and messaging spaces. These acquisitions and other anticompetitive activities have allowed Facebook to wield too much power over the social internet, online discourse, and our broader society. Authorities never should have allowed these mergers, nor Facebook's other anti-competitive conduct, but a revolving door between regulators and industry helped create a culture of non-enforcement that has lasted for decades. The effects of this revolving door extend far beyond Facebook, or even Big Tech -- they can be seen in our highly concentrated agricultural sector, airline sector, financial sector, and more.
We are glad that advocates and authorities across the country have begun to recognize the democratic imperative of ending concentrated economic power. In the case of Big Tech firms like Facebook, Google, and Amazon, the power they wield over the internet, the economy, our government, and broader society has had an incalculable impact.
The Biden administration must make it clear that it also understands the dangers posed by concentrated corporate power, and the harms caused by Facebook and other monopolistic firms. Biden must ensure that the cases against both Google and Facebook will continue under his presidency, and that his administration shall pursue a vigorous anti-monopoly policy across all economic sectors. The first step to building trust on this issue will be for Biden to keep top executives, lobbyists, and consultants for Big Tech and other corporations out of his administration."
A number of people with close ties to Big Tech have already been announced for top posts, and others are under consideration. These include, non-exhaustively:
- Louisa Terrell, former Director of Public Policy at Facebook, who will serve as White House director of legislative affairs.
- Jessica Hertz, a former associate general counsel at Facebook, who is the general counsel for Biden's transition team.
- David Roth and Arrow Augerot, top lobbyists at Amazon, are reportedly under consideration for key posts in the US Trade Representative's office.
- Former Google CEO Eric Schmidt, who is rumored to be under consideration for a variety of posts.
- Apple's lobbying chief Cynthia Hogan, who is rumored to be under consideration for a variety of posts.
Demand Progress amplifies the voice of the people -- and wields it to make government accountable and contest concentrated corporate power. Our mission is to protect the democratic character of the internet -- and wield it to contest concentrated corporate power and hold government accountable.
LATEST NEWS
'Betrayal of Labor': Biden Nominates Ex-Trump Official to Amtrak Board
"This appointment reads less like an oversight and more like a slap in the face to those who championed worker safety and stronger regulations," said Railroad Workers United.
May 03, 2024
Rail workers voiced outrage Thursday after U.S. President Joe Biden quietly nominated a former Trump administration official with a history of supporting deregulation to Amtrak's board of directors, a move that one alliance of unions called a "slap in the face."
Ronald Batory, who has ties to the rail industry, served as head of the Federal Railroad Administration (FRA) under former President Donald Trump, who aggressively slashed transport and rail safety regulations during his four years in office—laying the groundwork for disasters such as the East Palestine, Ohio crash.
The Associated Pressnotes that before serving at the FRA, Batory was president and chief operating officer of Conrail, "a service provider for the CSX and Norfolk Southern freight railroads." Norfolk Southern operated the train that derailed in East Palestine last year, spilling toxic chemicals and sparking a public health crisis.
In 2019, Batory faced backlash from rail unions for withdrawing a proposed rule aimed at establishing mandatory crew sizes on freight and passenger trains.
"President Donald Trump, [Department of Transportation] Secretary Elaine Chao, and FRA Administrator Ron Batory have taken sides, and it's with the railroads that want to eliminate operating crew members to the detriment of rail safety and to the detriment of the communities through which our members operate trains," SMART Transportation Division said at the time.
"Clearly, the railroad CEOs have their folks in power with President Trump and his administration," the union added. "This action should put an end to any thoughts that this president and this administration is supportive of railroad workers."
Earlier this month, Biden's FRA finalized a rule requiring two-person crews on trains with limited exceptions. The reform received praise from railway workers and their allies.
But an organization representing rail workers across the U.S. said Biden's decision to nominate Batory to the board of Amtrak—the nation's passenger railroad company—calls into question the president's commitment to worker and rail safety.
"Batory, renowned for his role in loosening rail safety regulations during a tenure that critics link to subsequent rail disasters like East Palestine, is now poised to shape Amtrak's future," Railroad Workers United (RWU) wrote on social media late Thursday. "Remember the 2022 rail workers' debacle? When labor unions hoped for Biden's support, and instead got a presidential shove to accept a contract that many felt skirted around their key demands? It's almost poetic then, how Biden's nomination of Batory seems to echo that same disregard."
"The message to labor seems clear: Loyalty and votes might get you a seat at the table, but don't count on staying there if bigger political machinations are at play," RWU added. "With Batory's track record, this appointment reads less like an oversight and more like a slap in the face to those who championed worker safety and stronger regulations. It's as if the administration is keen on maintaining a tradition—disappointing the very base that arguably played a pivotal role in securing their position. Let's brace ourselves for more 'strategic' decisions that may just reroute us back to the past, disregarding those who handle the daily grind on our railroads."
Well, it seems @POTUS has truly outdone himself this time, nominating Ronald L. Batory—yes, the deregulation aficionado from the Trump era—to the @Amtrak Board of Directors. https://t.co/dVMWEApL5D
— Railroad Workers United ✊ (@railroadworkers) May 3, 2024
Biden also nominated Elaine Marie Clegg, the CEO of Valley Regional Transit, to an Amtrak board position.
Clegg and Batory must be confirmed by the U.S. Senate.
Railway Age contributing editor Frank Wilner wrote Thursday that Batory could face a Democratic "hold" on his nomination in the Senate "given that many in rail labor are unhappy" with his withdrawal of the train crew rule during his tenure as FRA administrator.
Ross Grooters, a Brotherhood of Locomotive Engineers and Trainmen member and co-chair of RWU, said Thursday that Biden's nomination of Batory "is a betrayal of labor, arguably bigger than the 2022 contract dispute."
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ICC Condemns Efforts to 'Intimidate' the Court as Netanyahu Arrest Warrant Looms
Israeli Prime Minister Benjamin Netanyahu and GOP lawmakers in the U.S. have threatened to retaliate against the court if it issues arrest warrants for officials in Israel's government.
May 03, 2024
The office of International Criminal Court Prosecutor Karim Khan issued a statement Friday denouncing threats of retaliation after Israel's prime minister and U.S. lawmakers attacked the intergovernmental body over reports that it is preparing arrest warrants for senior Israeli officials related to the war on Gaza.
The ICC statement, which does not mention any individual or country by name, says the court's "independence and impartiality are undermined" when "individuals threaten to retaliate against the court or against court personnel should the office, in fulfillment of its mandate, make decisions about investigations or cases falling within its jurisdiction."
"Such threats, even when not acted upon, may also constitute an offense against the administration of justice under Art. 70 of the Rome Statute," the statement continues. "The office insists that all attempts to impede, intimidate, or improperly influence its officials cease immediately."
The statement comes days after Israeli Prime Minister Benjamin Netanyahu said he "expects the leaders of the free world to stand firmly against" any ICC arrest warrants for officials in Israel's government.
"We expect them to use all the means at their disposal to stop this dangerous move," said Netanyahu.
The New York Timesreported over the weekend that Israeli officials "increasingly believe" that the ICC, which is based in The Hague, is preparing arrest warrants for top members of the country's government, including Netanyahu. The ICC is also believed to be weighing arrest warrants for Hamas leaders.
"If the court proceeds, the Israeli officials could potentially be accused of preventing the delivery of humanitarian aid to the Gaza Strip and pursuing an excessively harsh response to the Hamas-led October 7 attacks on Israel," the Times reported.
Bipartisan members of the U.S. Congress who have supported Israel's devastating assault on Gaza have joined Netanyahu in condemning the ICC in recent days, pushing the Biden administration to fight any arrest warrants even though—like Israel—the U.S. is not a state party to the statute that created the court. Palestine joined the ICC in 2015.
"If unchallenged by the Biden administration, the ICC could create and assume unprecedented power to issue arrest warrants against American political leaders, American diplomats, and American military personnel," House Speaker Mike Johnson (R-La.) said in a statement earlier this week.
On Wednesday, according toAxios, a bipartisan group of senators held a virtual meeting with senior ICC officials to voice "their concern about possible arrest warrants being issued for Israeli leaders over the war in Gaza."
"If this is true, it should never have happened," said Mark Kersten, an assistant professor focusing on human rights law, international criminal law, and Canadian law at the University of the Fraser Valley. "The U.S. is not a member-state of the ICC, and the court should not be holding meetings or accepting calls from the senators of a non-member state trying to undermine the institution's independence and interfere with its work."
Axios noted that Republican lawmakers have "threatened to pass legislation against the ICC if it moves forward with the arrest warrants, which the Biden administration has said it opposes."
The Israeli government, for its part, has reportedly told the Biden administration that it would retaliate against the Palestinian Authority if the ICC issues arrest warrants for Israeli leaders.
The Biden White House has publicly spoken out against the ICC's probe of Israeli war crimes in the occupied Palestinian territories, an investigation that began in 2021.
The U.S. stance has been slammed as hypocritical given the Biden administration's vocal support for the ICC's decision last year to issue an arrest warrant for Russian President Vladimir Putin over war crimes committed in Ukraine. Neither Russia nor Ukraine are parties to the Rome Statute, which established the ICC.
In an op-ed for The Guardian earlier this week, former Human Rights Watch executive director Kenneth Roth wrote that while "the Israeli government is not about to surrender Netanyahu or his deputies for trial," their "travel would suddenly be limited" if the ICC moves ahead with arrest warrants.
"Although the U.S. never joined the court, European governments have, meaning that suddenly Europe and much of the rest of the world would be out of bounds for those charged without risking arrest," Roth observed. "It would also make it more difficult for Washington and London to pretend that their ongoing arming of the Israeli military is not contributing to war crimes."
"In addition, an initial round of charges would be an implicit threat of more," he continued. "As Netanyahu contemplates a potential invasion of Gaza's southernmost city of Rafah despite 1.4 million Palestinians sheltering there, he must worry about whether more civilian deaths would spur Khan to intensify investigation of Israel's apparently indiscriminate and disproportionate attacks on civilians. The ICC thus may live up to its potential not only to provide retrospective justice, but also to deter future war crimes."
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Mistrial Declared in Abu Ghraib Torture Suit Against US Contractor
"This will not be the final word; what happened in Abu Ghraib is engraved into our memories and will never be forgotten in history," one plaintiff vowed.
May 02, 2024
The federal judge presiding over a case filed by three Iraqis who were tortured by U.S. military contractors in the notorious Abu Ghraib prison two decades ago declared a mistrial Thursday after jurors were unable to reach a unanimous verdict.
After eight days of deliberation—a longer period than the trial itself—the eight civil jurors in Alexandria deadlocked over whether employees of CACI conspired with soldiers to torture detainees. The Virginia-based professional services and information technology firm was hired in 2003 during the George W. Bush administration to provide translators and interrogators in Iraq during the U.S.-led invasion and occupation, conspired with soldiers to torture detainees.
U.S. District Judge Leonie Brinkema—who said Wednesday that "it's a very difficult case"—declared a mistrial.
Plaintiff Salah Al-Ejaili toldThe Guardian that "it is enough that we tried and didn't remain silent."
"We might not have received justice yet in our just case today, but what is more important is that we made it to trial and spoke up so the world could hear from us directly," he added. "This will not be the final word; what happened in Abu Ghraib is engraved into our memories and will never be forgotten in history."
Baher Azmy, legal director of the Center for Constitutional Rights—which filed the case—said that "we are, of course, disappointed by the jury's failure to reach a unanimous verdict in favor of our plaintiffs despite the wealth of evidence."
"But we remain awed by the courage of our clients, who have fought for justice for their torment for 16 years," Azmy added. "We look forward to the opportunity to present our case again."
Al Shimari v. CACI, which was first filed in 2008 under the Alien Tort Statute—a law allowing non-U.S. citizens to sue for human rights abuses committed abroad—plaintiffs Suhail Al Shimari, Asa'ad Zuba'e, and Al-Ejaili accused CACI of conspiring with the U.S. military to perpetrate war crimes including torture at Abu Ghraib. The men suffered broken bones, electric shocks, sexual abuse, extreme temperatures, and death threats at the hands of their U.S. interrogators.
The case marked the first time a U.S. jury heard a case brought by Abu Ghraib survivors. Along with the Guantánamo Bay detention camp in Cuba, the prison became synonymous worldwide with U.S. torture during the War on Terror. Dozens of Abu Ghraib detainees died while in U.S. custody, some of them as a result of being tortured to death. Abu Ghraib prisoners suffered torture and abuse ranging from rape and being attacked with dogs to being forced to eat pork and renounce Islam.
A 2004 probe by Maj. Gen. Anthony Taguba found that the majority of Abu Ghraib prisoners—the Red Cross said 70-90%—were innocent. Women and girls were also imprisoned at Abu Ghraib as bargaining chips to lure militants wanted for resisting the U.S.-led invasion and occupation of their homeland. Some reported rape and sexual abuse by their captors, which reportedly led to the "honor killing" murders of multiple women.
CACI denies any wrongdoing and still gets millions of dollars worth of U.S. government contracts each year. In February, Fortunenamed CACI one of the "World's Most Admired Companies" for the seventh consecutive year.
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