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Then U.S. President George W. Bush and Iraqi Prime Minister Nuri al-Maliki in Baghdad December 2008. (Credit:White House photo by Eric Draper, via Wikimedia Commons)
WASHINGTON - Defence Secretary Leon Panetta's suggestion that the end of the U.S. troop presence in Iraq is part of a U.S. military success story ignores the fact that the George W. Bush administration and the U.S. military had planned to maintain a semi-permanent military presence in Iraq.
The real story behind the U.S. withdrawal is how a clever strategy of deception and diplomacy adopted by Prime Minister Nuri al-Maliki in cooperation with Iran outmanoeuvered Bush and the U.S. military leadership and got the United States to sign the U.S.-Iraq withdrawal agreement.
A central element of the Maliki-Iran strategy was the common interest that Maliki, Iran and anti-American cleric Moqtada al-Sadr shared in ending the U.S. occupation, despite their differences over other issues.
Maliki needed Sadr's support, which was initially based on Maliki's commitment to obtain a time schedule for U.S. troops' withdrawal from Iraq.
In early June 2006, a draft national reconciliation plan that circulated among Iraqi political groups included agreement on "a time schedule to pull out the troops from Iraq" along with the build-up of Iraqi military forces. But after a quick trip to Baghdad, Bush rejected the idea of a withdrawal timetable.
Maliki's national security adviser Mowaffak Al-Rubaei revealed in a Washington Post op-ed that Maliki wanted foreign troops reduced by more than 30,000 to under 100,000 by the end of 2006 and withdrawal of "most of the remaining troops" by end of the 2007.
When the full text of the reconciliation plan was published Jun. 25, 2006, however, the commitment to a withdrawal timetable was missing.
In June 2007, senior Bush administration officials began leaking to reporters plans for maintaining what The New York Times described as "a near-permanent presence" in Iraq, which would involve control of four major bases.
Maliki immediately sent Foreign Minister Hoshyar Zebari to Washington to dangle the bait of an agreement on troops before then Vice President Dick Cheney.
As recounted in Linda Robinson's "Tell Me How This Ends", Zebari urged Cheney to begin negotiating the U.S. military presence in order to reduce the odds of an abrupt withdrawal that would play into the hands of the Iranians.
In a meeting with then Secretary of State Condoleezza Rice in September 2007, National Security Adviser Rubaie said Maliki wanted a "Status of Forces Agreement" (SOFA) that would allow U.S. forces to remain but would "eliminate the irritants that are apparent violations of Iraqi sovereignty", according Bob Woodward's "The War Within".
Maliki's national security adviser was also seeking to protect the Mahdi Army from U.S. military plans to target it for major attacks. Meeting Bush's coordinator for the Iraq War, Douglas Lute, Rubaie said it was better for Iraqi security forces to take on Sadr's militias than for U.S. Special Forces to do so.
He explained to the Baker-Hamilton Commission that Sadr's use of military force was not a problem for Maliki, because Sadr was still part of the government.
Publicly, the Maliki government continued to assure the Bush administration it could count on a long-term military presence. Asked by NBC's Richard Engel on Jan. 24, 2008 if the agreement would provide long-term U.S. bases in Iraq, Zebari said, "This is an agreement of enduring military support. The soldiers are going to have to stay someplace. They can't stay in the air."
Confident that it was going to get a South Korea-style SOFA, the Bush administration gave the Iraqi government a draft on Mar. 7, 2008 that provided for no limit on the number of U.S. troops or the duration of their presence. Nor did it give Iraq any control over U.S. military operations.
But Maliki had a surprise in store for Washington.
A series of dramatic moves by Maliki and Iran over the next few months showed that there had been an explicit understanding between the two governments to prevent the U.S. military from launching major operations against the Mahdi Army and to reach an agreement with Sadr on ending the Mahdi Army's role in return for assurances that Maliki would demand the complete withdrawal of U.S. forces.
In mid-March 2007, Maliki ignored pressure from a personal visit by Cheney to cooperate in taking down the Mahdi Army and instead abruptly vetoed U.S. military plans for a major operation against the Mahdi Army in Basra. Maliki ordered an Iraqi army assault on the dug-in Sadrist forces.
Predictably, the operation ran into trouble, and within days, Iraqi officials had asked General Suleimani, the commander of the Quds Force of Iran's Islamic Revolutionary Guard, to intervene and negotiate a ceasefire with Sadr, who agreed, although his troops were far from defeated.
A few weeks later, Maliki again prevented the United States from launching its biggest campaign yet against the Mahdi Army in Sadr City. And again, Suleimani was brought in to work out a deal with Sadr allowing government troops to patrol in the former Mahdi Army stronghold.
There was subtext to Suleimani's interventions. Just as Suleimani was negotiating the Basra ceasefire with Sadr, a website associated with former IRGC Commander Mohsen Rezai said Iran opposed actions by "hard-line clans" that "only weaken the government and people of Iraq and give a pretext to its occupiers".
In the days that followed that agreement, Iranian state news media portrayed the Iraqi crackdown in Basra as being against illegal and "criminal" forces.
The timing of each political diplomatic move by Maliki appears to have been determined in discussions between Maliki and top Iranian officials.
Just two days after returning from a visit to Tehran in June 2008, Maliki complained publicly about U.S. demands for indefinite access to military bases, control of Iraqi airspace and immunity from prosecution for U.S. troops and private contractors.
In July, he revealed that his government was demanding the complete withdrawal of U.S. troops on a timetable.
The Bush administration was in a state of shock. From July to October, it pretended that it could simply refuse to accept the withdrawal demand, while trying vainly to pressure Maliki to back down.
In the end, however, Bush administration officials realised that Democratic presidential candidate Barack Obama, who was then far ahead of Republican John McCain in polls, would accept the same or an even faster timetable for withdrawal. In October, Bush decided to sign the draft agreement pledging withdrawal of all U.S. troops by the end of 2011.
The ambitious plans of the U.S. military to use Iraq to dominate the Middle East militarily and politically had been foiled by the very regime the United States had installed, and the officials behind the U.S. scheme, had been clueless about what was happening until it was too late.
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WASHINGTON - Defence Secretary Leon Panetta's suggestion that the end of the U.S. troop presence in Iraq is part of a U.S. military success story ignores the fact that the George W. Bush administration and the U.S. military had planned to maintain a semi-permanent military presence in Iraq.
The real story behind the U.S. withdrawal is how a clever strategy of deception and diplomacy adopted by Prime Minister Nuri al-Maliki in cooperation with Iran outmanoeuvered Bush and the U.S. military leadership and got the United States to sign the U.S.-Iraq withdrawal agreement.
A central element of the Maliki-Iran strategy was the common interest that Maliki, Iran and anti-American cleric Moqtada al-Sadr shared in ending the U.S. occupation, despite their differences over other issues.
Maliki needed Sadr's support, which was initially based on Maliki's commitment to obtain a time schedule for U.S. troops' withdrawal from Iraq.
In early June 2006, a draft national reconciliation plan that circulated among Iraqi political groups included agreement on "a time schedule to pull out the troops from Iraq" along with the build-up of Iraqi military forces. But after a quick trip to Baghdad, Bush rejected the idea of a withdrawal timetable.
Maliki's national security adviser Mowaffak Al-Rubaei revealed in a Washington Post op-ed that Maliki wanted foreign troops reduced by more than 30,000 to under 100,000 by the end of 2006 and withdrawal of "most of the remaining troops" by end of the 2007.
When the full text of the reconciliation plan was published Jun. 25, 2006, however, the commitment to a withdrawal timetable was missing.
In June 2007, senior Bush administration officials began leaking to reporters plans for maintaining what The New York Times described as "a near-permanent presence" in Iraq, which would involve control of four major bases.
Maliki immediately sent Foreign Minister Hoshyar Zebari to Washington to dangle the bait of an agreement on troops before then Vice President Dick Cheney.
As recounted in Linda Robinson's "Tell Me How This Ends", Zebari urged Cheney to begin negotiating the U.S. military presence in order to reduce the odds of an abrupt withdrawal that would play into the hands of the Iranians.
In a meeting with then Secretary of State Condoleezza Rice in September 2007, National Security Adviser Rubaie said Maliki wanted a "Status of Forces Agreement" (SOFA) that would allow U.S. forces to remain but would "eliminate the irritants that are apparent violations of Iraqi sovereignty", according Bob Woodward's "The War Within".
Maliki's national security adviser was also seeking to protect the Mahdi Army from U.S. military plans to target it for major attacks. Meeting Bush's coordinator for the Iraq War, Douglas Lute, Rubaie said it was better for Iraqi security forces to take on Sadr's militias than for U.S. Special Forces to do so.
He explained to the Baker-Hamilton Commission that Sadr's use of military force was not a problem for Maliki, because Sadr was still part of the government.
Publicly, the Maliki government continued to assure the Bush administration it could count on a long-term military presence. Asked by NBC's Richard Engel on Jan. 24, 2008 if the agreement would provide long-term U.S. bases in Iraq, Zebari said, "This is an agreement of enduring military support. The soldiers are going to have to stay someplace. They can't stay in the air."
Confident that it was going to get a South Korea-style SOFA, the Bush administration gave the Iraqi government a draft on Mar. 7, 2008 that provided for no limit on the number of U.S. troops or the duration of their presence. Nor did it give Iraq any control over U.S. military operations.
But Maliki had a surprise in store for Washington.
A series of dramatic moves by Maliki and Iran over the next few months showed that there had been an explicit understanding between the two governments to prevent the U.S. military from launching major operations against the Mahdi Army and to reach an agreement with Sadr on ending the Mahdi Army's role in return for assurances that Maliki would demand the complete withdrawal of U.S. forces.
In mid-March 2007, Maliki ignored pressure from a personal visit by Cheney to cooperate in taking down the Mahdi Army and instead abruptly vetoed U.S. military plans for a major operation against the Mahdi Army in Basra. Maliki ordered an Iraqi army assault on the dug-in Sadrist forces.
Predictably, the operation ran into trouble, and within days, Iraqi officials had asked General Suleimani, the commander of the Quds Force of Iran's Islamic Revolutionary Guard, to intervene and negotiate a ceasefire with Sadr, who agreed, although his troops were far from defeated.
A few weeks later, Maliki again prevented the United States from launching its biggest campaign yet against the Mahdi Army in Sadr City. And again, Suleimani was brought in to work out a deal with Sadr allowing government troops to patrol in the former Mahdi Army stronghold.
There was subtext to Suleimani's interventions. Just as Suleimani was negotiating the Basra ceasefire with Sadr, a website associated with former IRGC Commander Mohsen Rezai said Iran opposed actions by "hard-line clans" that "only weaken the government and people of Iraq and give a pretext to its occupiers".
In the days that followed that agreement, Iranian state news media portrayed the Iraqi crackdown in Basra as being against illegal and "criminal" forces.
The timing of each political diplomatic move by Maliki appears to have been determined in discussions between Maliki and top Iranian officials.
Just two days after returning from a visit to Tehran in June 2008, Maliki complained publicly about U.S. demands for indefinite access to military bases, control of Iraqi airspace and immunity from prosecution for U.S. troops and private contractors.
In July, he revealed that his government was demanding the complete withdrawal of U.S. troops on a timetable.
The Bush administration was in a state of shock. From July to October, it pretended that it could simply refuse to accept the withdrawal demand, while trying vainly to pressure Maliki to back down.
In the end, however, Bush administration officials realised that Democratic presidential candidate Barack Obama, who was then far ahead of Republican John McCain in polls, would accept the same or an even faster timetable for withdrawal. In October, Bush decided to sign the draft agreement pledging withdrawal of all U.S. troops by the end of 2011.
The ambitious plans of the U.S. military to use Iraq to dominate the Middle East militarily and politically had been foiled by the very regime the United States had installed, and the officials behind the U.S. scheme, had been clueless about what was happening until it was too late.
WASHINGTON - Defence Secretary Leon Panetta's suggestion that the end of the U.S. troop presence in Iraq is part of a U.S. military success story ignores the fact that the George W. Bush administration and the U.S. military had planned to maintain a semi-permanent military presence in Iraq.
The real story behind the U.S. withdrawal is how a clever strategy of deception and diplomacy adopted by Prime Minister Nuri al-Maliki in cooperation with Iran outmanoeuvered Bush and the U.S. military leadership and got the United States to sign the U.S.-Iraq withdrawal agreement.
A central element of the Maliki-Iran strategy was the common interest that Maliki, Iran and anti-American cleric Moqtada al-Sadr shared in ending the U.S. occupation, despite their differences over other issues.
Maliki needed Sadr's support, which was initially based on Maliki's commitment to obtain a time schedule for U.S. troops' withdrawal from Iraq.
In early June 2006, a draft national reconciliation plan that circulated among Iraqi political groups included agreement on "a time schedule to pull out the troops from Iraq" along with the build-up of Iraqi military forces. But after a quick trip to Baghdad, Bush rejected the idea of a withdrawal timetable.
Maliki's national security adviser Mowaffak Al-Rubaei revealed in a Washington Post op-ed that Maliki wanted foreign troops reduced by more than 30,000 to under 100,000 by the end of 2006 and withdrawal of "most of the remaining troops" by end of the 2007.
When the full text of the reconciliation plan was published Jun. 25, 2006, however, the commitment to a withdrawal timetable was missing.
In June 2007, senior Bush administration officials began leaking to reporters plans for maintaining what The New York Times described as "a near-permanent presence" in Iraq, which would involve control of four major bases.
Maliki immediately sent Foreign Minister Hoshyar Zebari to Washington to dangle the bait of an agreement on troops before then Vice President Dick Cheney.
As recounted in Linda Robinson's "Tell Me How This Ends", Zebari urged Cheney to begin negotiating the U.S. military presence in order to reduce the odds of an abrupt withdrawal that would play into the hands of the Iranians.
In a meeting with then Secretary of State Condoleezza Rice in September 2007, National Security Adviser Rubaie said Maliki wanted a "Status of Forces Agreement" (SOFA) that would allow U.S. forces to remain but would "eliminate the irritants that are apparent violations of Iraqi sovereignty", according Bob Woodward's "The War Within".
Maliki's national security adviser was also seeking to protect the Mahdi Army from U.S. military plans to target it for major attacks. Meeting Bush's coordinator for the Iraq War, Douglas Lute, Rubaie said it was better for Iraqi security forces to take on Sadr's militias than for U.S. Special Forces to do so.
He explained to the Baker-Hamilton Commission that Sadr's use of military force was not a problem for Maliki, because Sadr was still part of the government.
Publicly, the Maliki government continued to assure the Bush administration it could count on a long-term military presence. Asked by NBC's Richard Engel on Jan. 24, 2008 if the agreement would provide long-term U.S. bases in Iraq, Zebari said, "This is an agreement of enduring military support. The soldiers are going to have to stay someplace. They can't stay in the air."
Confident that it was going to get a South Korea-style SOFA, the Bush administration gave the Iraqi government a draft on Mar. 7, 2008 that provided for no limit on the number of U.S. troops or the duration of their presence. Nor did it give Iraq any control over U.S. military operations.
But Maliki had a surprise in store for Washington.
A series of dramatic moves by Maliki and Iran over the next few months showed that there had been an explicit understanding between the two governments to prevent the U.S. military from launching major operations against the Mahdi Army and to reach an agreement with Sadr on ending the Mahdi Army's role in return for assurances that Maliki would demand the complete withdrawal of U.S. forces.
In mid-March 2007, Maliki ignored pressure from a personal visit by Cheney to cooperate in taking down the Mahdi Army and instead abruptly vetoed U.S. military plans for a major operation against the Mahdi Army in Basra. Maliki ordered an Iraqi army assault on the dug-in Sadrist forces.
Predictably, the operation ran into trouble, and within days, Iraqi officials had asked General Suleimani, the commander of the Quds Force of Iran's Islamic Revolutionary Guard, to intervene and negotiate a ceasefire with Sadr, who agreed, although his troops were far from defeated.
A few weeks later, Maliki again prevented the United States from launching its biggest campaign yet against the Mahdi Army in Sadr City. And again, Suleimani was brought in to work out a deal with Sadr allowing government troops to patrol in the former Mahdi Army stronghold.
There was subtext to Suleimani's interventions. Just as Suleimani was negotiating the Basra ceasefire with Sadr, a website associated with former IRGC Commander Mohsen Rezai said Iran opposed actions by "hard-line clans" that "only weaken the government and people of Iraq and give a pretext to its occupiers".
In the days that followed that agreement, Iranian state news media portrayed the Iraqi crackdown in Basra as being against illegal and "criminal" forces.
The timing of each political diplomatic move by Maliki appears to have been determined in discussions between Maliki and top Iranian officials.
Just two days after returning from a visit to Tehran in June 2008, Maliki complained publicly about U.S. demands for indefinite access to military bases, control of Iraqi airspace and immunity from prosecution for U.S. troops and private contractors.
In July, he revealed that his government was demanding the complete withdrawal of U.S. troops on a timetable.
The Bush administration was in a state of shock. From July to October, it pretended that it could simply refuse to accept the withdrawal demand, while trying vainly to pressure Maliki to back down.
In the end, however, Bush administration officials realised that Democratic presidential candidate Barack Obama, who was then far ahead of Republican John McCain in polls, would accept the same or an even faster timetable for withdrawal. In October, Bush decided to sign the draft agreement pledging withdrawal of all U.S. troops by the end of 2011.
The ambitious plans of the U.S. military to use Iraq to dominate the Middle East militarily and politically had been foiled by the very regime the United States had installed, and the officials behind the U.S. scheme, had been clueless about what was happening until it was too late.
"This sends a chilling message that the U.S. is willing to overlook some abuses, signaling that people experiencing human rights violations may be left to fend for themselves," said one Amnesty campaigner.
After leaked drafts exposed the Trump administration's plans to downplay human rights abuses in some allied countries, including Israel, the U.S. Department of State released the final edition of an annual report on Tuesday, sparking fresh condemnation.
"Breaking with precedent, Secretary of State Marco Rubio did not provide a written introduction to the report nor did he make remarks about it," CNN reported. Still, Amanda Klasing, Amnesty International USA's national director of government relations and advocacy, called him out by name in a Tuesday statement.
"With the release of the U.S. State Department's human rights report, it is clear that the Trump administration has engaged in a very selective documentation of human rights abuses in certain countries," Klasing said. "In addition to eliminating entire sections for certain countries—for example discrimination against LGBTQ+ people—there are also arbitrary omissions within existing sections of the report based on the country."
Klasing explained that "we have criticized past reports when warranted, but have never seen reports quite like this. Never before have the reports gone this far in prioritizing an administration's political agenda over a consistent and truthful accounting of human rights violations around the world—softening criticism in some countries while ignoring violations in others. The State Department has said in relation to the reports less is more. However, for the victims and human rights defenders who rely on these reports to shine light on abuses and violations, less is just less."
"Secretary Rubio knows full well from his time in the Senate how vital these reports are in informing policy decisions and shaping diplomatic conversations, yet he has made the dangerous and short-sighted decision to put out a truncated version that doesn't tell the whole story of human rights violations," she continued. "This sends a chilling message that the U.S. is willing to overlook some abuses, signaling that people experiencing human rights violations may be left to fend for themselves."
"Failing to adequately report on human rights violations further damages the credibility of the U.S. on human rights issues," she added. "It's shameful that the Trump administration and Secretary Rubio are putting politics above human lives."
The overarching report—which includes over 100 individual country reports—covers 2024, the last full calendar year of the Biden administration. The appendix says that in March, the report was "streamlined for better utility and accessibility in the field and by partners, and to be more responsive to the underlying legislative mandate and aligned to the administration's executive orders."
As CNN detailed:
The latest report was stripped of many of the specific sections included in past reports, including reporting on alleged abuses based on sexual orientation, violence toward women, corruption in government, systemic racial or ethnic violence, or denial of a fair public trial. Some country reports, including for Afghanistan, do address human rights abuses against women.
"We were asked to edit down the human rights reports to the bare minimum of what was statutorily required," said Michael Honigstein, the former director of African Affairs at the State Department's Bureau of Human Rights, Democracy, and Labor. He and his office helped compile the initial reports.
Over the past week, since the draft country reports leaked to the press, the Trump administration has come under fire for its portrayals of El Salvador, Israel, and Russia.
The report on Israel—and the illegally occupied Palestinian territories, the Gaza Strip and the West Bank—is just nine pages. The brevity even drew the attention of Israeli media. The Times of Israel highlighted that it "is much shorter than last year's edition compiled under the Biden administration and contained no mention of the severe humanitarian crisis in Gaza."
Since the Hamas-led October 7, 2023 attack on Israel, Israeli forces have slaughtered over 60,000 Palestinians in Gaza, according to local officials—though experts warn the true toll is likely far higher. As Israel has restricted humanitarian aid in recent months, over 200 people have starved to death, including 103 children.
The U.S. report on Israel does not mention the genocide case that Israel faces at the International Court of Justice over the assault on Gaza, or the International Criminal Court arrest warrants issued for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for alleged war crimes and crimes against humanity.
The section on war crimes and genocide only says that "terrorist organizations Hamas and Hezbollah continue to engage in the
indiscriminate targeting of Israeli civilians in violation of the law of armed conflict."
As the world mourns the killing of six more Palestinian media professionals in Gaza this week—which prompted calls for the United Nations Security Council to convene an emergency meeting—the report's section on press freedom is also short and makes no mention of the hundreds of journalists killed in Israel's annihilation of the strip:
The law generally provided for freedom of expression, including for members of the press and other media, and the government generally respected this right for most Israelis. NGOs and journalists reported authorities restricted press coverage and limited certain forms of expression, especially in the context of criticism against the war or sympathy for Palestinians in Gaza.
Noting that "the human rights reports have been among the U.S. government's most-read documents," DAWN senior adviser and 32-year State Department official Charles Blaha said the "significant omissions" in this year's report on Israel, Gaza, and the West Bank render it "functionally useless for Congress and the public as nothing more than a pro-Israel document."
Like Klasing at Amnesty, Sarah Leah Whitson, DAWN's executive director, specifically called out the U.S. secretary of state.
"Secretary Rubio has revamped the State Department reports for one principal purpose: to whitewash Israeli crimes, including its horrific genocide and starvation in Gaza. The report shockingly includes not a word about the overwhelming evidence of genocide, mass starvation, and the deliberate bombardment of civilians in Gaza," she said. "Rubio has defied the letter and intent of U.S. laws requiring the State Department to report truthfully and comprehensively about every country's human rights abuses, instead offering up anodyne cover for his murderous friends in Tel Aviv."
The Tuesday release came after a coalition of LGBTQ+ and human rights organizations on Monday filed a lawsuit against the U.S. State Department over its refusal to release the congressionally mandated report.
This article has been updated with comment from DAWN.
"We will not sit idly by while political leaders manipulate voting maps to entrench their power and subvert our democracy," said the head of Common Cause.
As Republicans try to rig congressional maps in several states and Democrats threaten retaliatory measures, a pro-democracy watchdog on Tuesday unveiled new fairness standards underscoring that "independent redistricting commissions remain the gold standard for ending partisan gerrymandering."
Common Cause will hold an online media briefing Wednesday at noon Eastern time "to walk reporters though the six pieces of criteria the organization will use to evaluate any proposed maps."
The Washington, D.C.-based advocacy group said that "it will closely evaluate, but not automatically condemn, countermeasures" to Republican gerrymandering efforts—especially mid-decade redistricting not based on decennial censuses.
Amid the gerrymandering wars, we just launched 6 fairness criteria to hold all actors to the same principled standard: people first—not parties. Read our criteria here: www.commoncause.org/resources/po...
[image or embed]
— Common Cause (@commoncause.org) August 12, 2025 at 12:01 PM
Common Cause's six fairness criteria for mid-decade redistricting are:
"We will not sit idly by while political leaders manipulate voting maps to entrench their power and subvert our democracy," Common Cause president and CEO Virginia Kase Solomón said in a statement. "But neither will we call for unilateral political disarmament in the face of authoritarian tactics that undermine fair representation."
"We have established a fairness criteria that we will use to evaluate all countermeasures so we can respond to the most urgent threats to fair representation while holding all actors to the same principled standard: people—not parties—first," she added.
Common Cause's fairness criteria come amid the ongoing standoff between Republicans trying to gerrymander Texas' congressional map and Democratic lawmakers who fled the state in a bid to stymie a vote on the measure. Texas state senators on Tuesday approved the proposed map despite a walkout by most of their Democratic colleagues.
Leaders of several Democrat-controlled states, most notably California, have threatened retaliatory redistricting.
"This moment is about more than responding to a single threat—it's about building the movement for lasting reform," Kase Solomón asserted. "This is not an isolated political tactic; it is part of a broader march toward authoritarianism, dismantling people-powered democracy, and stripping away the people's ability to have a political voice and say in how they are governed."
"Texas law is clear: A pregnant person cannot be arrested and prosecuted for getting an abortion. No one is above the law, including officials entrusted with enforcing it," said an ACLU attorney.
When officials in Starr County, Texas arrested Lizelle Gonzalez in 2022 and charged her with murder for having a medication abortion—despite state law clearly prohibiting the prosecution of women for abortion care—she spent three days in jail, away from her children, and the highly publicized arrest was "deeply traumatizing."
Now, said her lawyers at the ACLU in court filings on Tuesday, officials in the county sheriff's and district attorney's offices must be held accountable for knowingly subjecting Gonzalez to wrongful prosecution.
Starr County District Attorney Gocha Ramirez ultimately dismissed the charge against Gonzalez, said the ACLU, but the Texas bar's investigation into Ramirez—which found multiple instances of misconduct related to Gonzalez's homicide charge—resulted in only minor punishment. Ramirez had to pay a small fine of $1,250 and was given one year of probated suspension.
"Without real accountability, Starr County's district attorney—and any other law enforcement actor—will not be deterred from abusing their power to unlawfully target people because of their personal beliefs, rather than the law," said the ACLU.
The state bar found that Ramirez allowed Gonzalez's indictment to go forward despite the fact that her homicide charge was "known not to be supported by probable cause."
Ramirez had denied that he was briefed on the facts of the case before it was prosecuted by his office, but the state bar "determined he was consulted by a prosecutor in his office beforehand and permitted it to go forward."
"Without real accountability, Starr County's district attorney—and any other law enforcement actor—will not be deterred from abusing their power to unlawfully target people because of their personal beliefs, rather than the law."
Sarah Corning, an attorney at the ACLU of Texas, said the prosecutors and law enforcement officers "ignored Texas law when they wrongfully arrested Lizelle Gonzalez for ending her pregnancy."
"They shattered her life in South Texas, violated her rights, and abused the power they swore to uphold," said Corning. "Texas law is clear: A pregnant person cannot be arrested and prosecuted for getting an abortion. No one is above the law, including officials entrusted with enforcing it."
The district attorney's office sought to have the ACLU's case dismissed in July 2024, raising claims of legal immunity.
A court denied Ramirez's motion, and the ACLU's discovery process that followed revealed "a coordinated effort between the Starr County sheriff's office and district attorney's office to violate Ms. Gonzalez's rights."
The officials' "wanton disregard for the rule of law and erroneous belief of their own invincibility is a frightening deviation from the offices' purposes: to seek justice," said Cecilia Garza, a partner at the law firm Garza Martinez, who is joining the ACLU in representing Gonzalez. "I am proud to represent Ms. Gonzalez in her fight for justice and redemption, and our team will not allow these abuses to continue in Starr County or any other county in the state of Texas."
Gonzalez's fight for justice comes as a wrongful death case in Texas—filed by an "anti-abortion legal terrorist" on behalf of a man whose girlfriend use medication from another state to end her pregnancy—moves forward, potentially jeopardizing access to abortion pills across the country.