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For Immediate Release
October, 21 2008, 01:57pm EDT
Contact:
James Freedland, ACLU national, (212) 519-7829 or 549-2666;
media@aclu.org
Mike Brickner, ACLU of Ohio, (216) 472-2220
Voting Rights Groups Warn Prosecutors About Investigating Ohio Voters
Hamilton County Prosecutors’ Baseless Inquiry Could Chill Election Participation
CINCINNATI
The
American Civil Liberties Union and other voting rights groups sent a
letter to Hamilton County Special Prosecutor Michael O'Neill today
urging him to suspend investigations of voters where there is no
specific, credible evidence of fraud. According to news reports,
Hamilton County Prosecuting Attorney Joseph Deters began an
investigation into voters who took advantage of Ohio's five-day window
in which a person may simultaneously register to vote and cast a
ballot. Deters declined to give any specific evidence of voter fraud
that would have triggered an investigation and local elections
officials confirmed they received no reliable reports of voter fraud.
"Conducting an investigation without
evidence isn't just bad police work - it's illegal when it could lead
to lawful voters being intimidated," said Carrie Davis, staff counsel
with the ACLU of Ohio. "It appears that Mr. Deters began his
investigation based only on the fact that these individuals registered
and voted during the September 30 to October 6 overlap window.
Registering and voting are not a basis to undertake an investigation."
Deters issued a public records
request for information on voters who used same-day voting in Hamilton
County, and compared their registration forms with an unknown
government database. He held a press conference on Monday, October 20
claiming that hundreds of the voters either had mismatched information
or could not be found altogether. Additionally, Deters claimed that the
voters did not fulfill an identification requirement because some
presented either the last four digits of their social security number
or Ohio driver's license number rather than a photo ID; however, both
are acceptable under Ohio law. Deters called on the local Board of
Elections to segregate these ballots from others and not count them
immediately on Election Day as planned.
"What is going on here is nothing
more than a partisan witch-hunt. There could be a multitude of reasons
why voter information is inconsistent in the voter registration list
and other databases. The vast majority of these issues are clerical
errors made by elections officials, such as typos or misspellings - and
disenfranchisement by typo is not legal," said Meredith Bell-Platts,
staff counsel with the ACLU Voting Rights Project. "Despite this,
officials want to treat these voters as criminals by launching an
investigation and segregating their votes without due cause. This kind
of fishing expedition so close to an election raises serious questions
about this investigation's legitimacy. Ohio officials should be
expanding the right to vote, not denying it."
The Ohio Supreme Court and U.S.
District Court for the Northern District of Ohio ruled on September 29,
2008 that same-day registration and voting during the five-day window
is legal under Ohio law. The U.S. District Court for the Southern
District of Ohio declined to stop the program subsequent to the Ohio
Supreme Court's ruling. The U.S. Appeals Court for the Sixth Circuit
upheld the five-day window as well.
On Monday, Deters stepped aside from
the investigation after various officials questioned his impartiality
because he serves as the Southwest Ohio chair of John McCain's
presidential campaign. Local attorney Michael O'Neill was appointed by
a judge to handle the case. However, Deters did issue a subpoena for
un-redacted personal information on the voters in question.
"Officials have provided no evidence
to support their investigation and to justify accusing innocent voters
of unlawful activity. Federal law protects voters from being
intimidated, even unintentionally, by the actions of others. If voters
believe that simply casting their ballot lawfully will subject them to
investigation by police, it will almost certainly lead to some avoiding
the ballot box," Davis added.
A copy of today's letter is available online at: www.aclu.org/votingrights/gen/37280res20081021.html
More information about the ACLU
Voting Rights Project's challenges to voter suppression and other
voting rights violations is available online at: www.aclu.org/votingrights/gen/36949res20080929.html
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
(212) 549-2666LATEST NEWS
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A coalition of conservation groups sued the Trump administration in federal court on Tuesday over its move to rescind the regulatory definition of "harm" in the Endangered Species Act so that extractive industries can degrade crucial habitats.
"Since 1973, the ESA has served as the nation's most effective conservation law, saving numerous imperiled species from extinction and moving them toward recovery," states the complaint, filed in the District of Washington state. It argues that the rescission "defies the text and purpose of the statute, 50 years of administrative policy, and US Supreme Court precedent."'
The coalition is made up of the Center for Biological Diversity, Columbia Riverkeeper, Conservation Law Foundation, Conservation Northwest, Friends of the Wild Swan, Oregon Wild, Sierra Club, Swan View Coalition, and WildEarth Guardians, and is represented by Earthjustice.
"Preventing harm to wildlife by protecting where they live, eat, and sleep is a basic foundation of the Endangered Species Act," said Earthjustice attorney Kristen Boyles in a statement, also stressing that the decision conflicts with not only the ESA but also decades of legal precedent. "Now more than ever, imperiled fish, birds, and wildlife need protection to survive and recover."
Ben Greuel, wildlife campaign manager at Sierra Club, warned that "without the habitat protections offered by the harm rule, countless species would be forced onto a path towards extinction."
For example, "roads built for logging and other human access destroy grizzly bear habitat and the bear's ability to safely use its habitat," said Swan View Coalition chair Keith Hammer. "Weakening the harm rule will allow industry to devastate the habitat grizzly bears and many other wildlife species depend on for their survival."
Noah Greenwald, endangered species co-director at the Center for Biological Diversity, pointed to not only grizzlies but also some of the other specific species that could be impacted by the administration's decision.
"It's beyond tragic that as the world's scientists warn us of an extinction crisis threatening to unravel our shared future, the Trump administration is yanking basic protections from our most endangered wildlife," Greenwald said. "There's just no way to protect endangered animals like spotted owls, Florida panthers, or grizzly bears without protecting the places they live."
In fact, as Oregon Wild staff attorney John Persell, noted, "habitat loss is the leading driver of extinction."
"This gutting of the Endangered Species Act is part of a broader assault on our bedrock environmental values," Persell also emphasized. "From public lands to wildlife to clean air and drinking water, the Trump administration is determined to waste, loot, and pollute America's natural heritage."
Separately, the group Defenders of Wildlife sent a letter to the departments of Commerce and the Interior about its intent to sue over the ESA rescission, which was published in the Federal Register on Tuesday by their respective agencies, the National Oceanic and Atmospheric Administration and the Fish and Wildlife Service.
"The law has been clear for decades," said Jane Davenport, senior attorney at Defenders of Wildlife. "Rescinding this definition is wholly out of bounds and misaligned with the vast majority of Americans who support protecting and recovering endangered species."
"We will use the full force of the law to fight back and prevent industry from unfettered destruction of critical forests, streams, deserts, oceans, and coastlines," Davenport pledged.
The rescission came just a day after President Donald Trump signed proclamations dramatically shrinking the size of two national monuments in Utah, Bears Ears and Grand Staircase-Escalante.
As with Trump's repeated attacks on the ESA, his targeting of the two monuments dates back to his first administration.
Taylor McKinnon, Southwest director at the Center for Biological Diversity, said Monday that "gutting Utah’s national monuments to enrich polluting extractive corporations shows Trump's extreme disdain for Americans' shared natural heritage. It's a national embarrassment. These monuments protect some of America's most iconic landscapes and rich biodiversity. We'll fight like hell to safeguard their future."
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The price of Brent crude, which had fallen under $71 per barrel in late June after the US and Iran reached a memorandum of understanding (MOU) to wind down the conflict, has since surged back above $85 per barrel as of Tuesday, days after Trump declared the ceasefire between the two countries to be over.
Rising oil costs mean that the price of gasoline, which has similarly been dropping over the last month, will again start to rise. Petroleum industry analyst Patrick De Haan on Tuesday projected that, based on the current surge in oil prices, the US is "days away" from seeing the average price of gas go back over $4 per gallon.
The renewed hostilities with Iran came amid signs of inflationary pressures in the US easing. Data released by the Bureau of Labor Statistics (BLS) on Tuesday showed consumer prices in June rose by less than expected, with lower energy prices delivering relief.
University of Michigan economist Justin Wolfers argued that while Tuesday's inflation data was positive news, the recent fighting between the US and Iran means it could be short-lived.
"Inflation remains high, is well above the Fed's target, and the ceasefire with Iran is over," Wolfers cautioned, referring to the Federal Reserve.
Alex Jacquez, chief of policy and advocacy at the Groundwork Collaborative, said the resumption of the illegal war would "continue hammering Americans’ budgets at home."
"Gas prices have already started to rise again and last month’s inflation data is stale," said Jacquez. "Trump’s debacle in the Middle East will have lasting, layered effects on our economy for months to come. Working families struggling to make ends meet should lay blame squarely on the president."
Heather Long, chief economist at Navy Federal Credit Union, said the latest consumer price data show "it's still tough for middle-class and moderate-income Americans," as "inflation is wiping out wage gains for many."
More ominously, Long added, "The question is whether this relief is only temporary as the war in Iran restarts."
Project management professional Larry Boorstein warned Trump against spiking the football over the relatively tame inflation data from last month.
"Prices are down because oil prices dropped after the US-Iran MOU," Boorstein wrote. "Prices for food, both at home and away from home, increased, as did prices for shelter. Energy prices fell enough to more than offset increases in food and shelter prices. What's not so good is Trump declared the MOU dead July 8. Oil prices are ticking up again."
Rep. Zoe Lofgren (D-Calif.) put the economic damage caused by the Iran war into perspective by noting that it has cost US consumers over $56 billion so far in the form of higher gas prices, or just under $500 per household.
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As he pushed for Congress to approve $350 billion in new spending requested by the Pentagon, House Speaker Mike Johnson suggested Tuesday that some of the funds were needed for "fighting communism on our own shores," an ominous notion in light of President Donald Trump's threats to deploy the US military against his domestic enemies.
In addition to the already record-breaking $1.1 trillion military spending bill that was approved last month by the House Appropriations Committee, the Pentagon has requested a separate $350 billion package to be passed through a separate GOP-led spending bill known as "Reconciliation 3.0," which can pass without Democratic support.
Johnson (La.) has faced pushback from some GOP senators, including Sens. Susan Collins (Maine) and the hospitalized Sen. Mitch McConnell (Ky.), as he's sought additional spending. During a press conference on Tuesday, Johnson made his case for Republicans to back the reconciliation proposal.
The speaker argued that the package included "transformational funding that will help us change the dynamic of the Department of War and make it more efficient and effective," including Trump's request to "effectively double the funding for national defense."
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In the weeks following a series of Democratic primary victories by progressive and democratic socialist candidates in New York, Colorado, Kentucky, Ohio, Texas, and elsewhere, Trump and his allies in the GOP have relentlessly hammered on the idea that the nation was under siege by "godless Communists" who want to “completely destroy the traditional American way of life,” rhetoric that echoed McCarthy era red-baiting to many critics.
In just two weeks since those primaries on June 23, Reuters found that Trump had invoked "communism" at least 81 times to demonize candidates and officials like New York City Mayor Zohran Mamdani and others, who have promoted policies like Medicare for All, higher taxes on the wealthy, the expansion of public utilities, the abolition of US Immigration and Customs Enforcement, cutting off aid to Israel, and other policies supported by large numbers of Democratic voters.
Trump's recent rhetoric has indicated that opposing "communism" goes beyond simply voting to keep these candidates out of power. He's referred to the so-called communists as "animals," as a "cancer" that needs to be "cut out fast."
He said during a July 3 speech outside Mount Rushmore that "communists" cannot be "loyal" to America and he will “send them into exile... send them quickly away.”
On Sunday, Trump reposted a video from the right-wing radio host Michael Savage with the title "DEMOCRATIC SOCIALISM MUST BE CRIMINALIZED; LEADERS DEPORTED."
Johnson echoed Trump's rhetoric on Tuesday, continuing to describe passing the military spending proposal as part of the existential fight against internal communist enemies.
"THE BARBARIANS ARE INSIDE THE GATE!" Johnson posted to social media alongside a video of himself promoting the bill.
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With these comments, Johnson was explicitly tying increased military funding to Trump's fight against communism, though it's unclear which aspect of the budget proposal would be directed toward those ends.
Federal troops are generally barred from domestic law enforcement, though the president can deploy them in cases of domestic insurrection and violence that ordinary law enforcement cannot handle.
Trump has deployed active duty Marines to US cities like Los Angeles and ordered the National Guard to deploy to many others, including Portland, Memphis, and Chicago, which courts have said violated the law.
He has also suggested using armed forces to target his ideological enemies. During a speech to generals last year, he said cities should be used as “training grounds for our military" as they fight an "enemy within," which has included immigrants, the "radical left" and protest movements that have mobilized in opposition to his administration.
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