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Yesterday, POGO and other open government advocates filed a friend of the court brief
in the U.S. Supreme Court supporting the public's right to know the
government's business. Specifically, POGO challenged the Court of
Appeals decision in AT&T v. FCC holding that the Freedom of
Information Act's "personal privacy" exemption applies to corporate
entities.
Yesterday, POGO and other open government advocates filed a friend of the court brief
in the U.S. Supreme Court supporting the public's right to know the
government's business. Specifically, POGO challenged the Court of
Appeals decision in AT&T v. FCC holding that the Freedom of
Information Act's "personal privacy" exemption applies to corporate
entities.
"If this ruling stands, the public will be in the dark
about how the government spends our tax dollars," stated Scott Amey,
POGO's general counsel. "We hope that the Court sees the distinction
between an individual and a company doing business with the government."
This case stems from a 2005 FOIA request by competitors of
AT&T for records related to a Federal Communications Commission
investigation into AT&T's federal contracts. AT&T objected to
the request and asked that certain records be withheld on the grounds of
personal privacy. The FCC rejected AT&T's argument. Subsequently,
AT&T petitioned the Federal Court of Appeals for the Third Circuit,
which overruled the FCC, holding that corporations do have a right to
personal privacy under FOIA Exemption 7(C). The FCC filed a petition for
review by the Supreme Court, which was granted on September 28, 2010.
FOIA
Exemption 7(C) exempts from mandatory disclosure "records or
information compiled for law enforcement purposes, but only to the
extent that the production of such law enforcement records or
information ... could reasonably be expected to constitute an unwarranted
invasion of personal privacy."
For a complete list of pleadings and a summary of the case, visit https://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/09-1279.htm and https://epic.org/amicus/fccvatt/default.html.
POGO's counsel included Neal Goldfarb of Butzel Long Tighe Patton, PLLC and Mark S. Zaid of the Law Office of Mark S. Zaid, PC.
The Project On Government Oversight (POGO) is an independent nonprofit that investigates and exposes corruption and other misconduct in order to achieve a more effective, accountable, open and honest federal government.
"President Biden must use the power of the pen to protect those seeking sanctuary from the coming deportation machine that will crush the human rights of our immigrant neighbors," said one Amnesty leader.
As an estimated 11.7 million undocumented immigrants brace for U.S. President-elect Donald Trump's return to office, Amnesty International on Monday called for immediate action from the outgoing Biden administration to "protect people seeking safety."
While Amnesty and many other migrant rights advocates have forcefully criticized President Joe Biden's immigration policy, Trump's dehumanizing attacks, promises of mass deportations, and history of forcibly separating families at the southern border have heightened fears of what his second term—with a Republican Congress—will mean for immigrants with and without papers.
"Time and time again, President Biden said he was committed to a humane immigration system, and this is [his] final opportunity to help those coming to the United States in search of safety and a new beginning, like his ancestors did many years ago," Amnesty International USA executive director Paul O'Brien said of a president who often references his family's Irish roots.
"President Biden must use the power of the pen to protect those seeking sanctuary from the coming deportation machine that will crush the human rights of our immigrant neighbors and those who have dreams of finding refuge here," O'Brien argued.
"President-elect Trump already has plans in place to start a massive deportation effort and completely gut the very foundation of asylum on day one of his second term."
Specifically, Amnesty is urging Biden to issue new Temporary Protected Status (TPS) and deferred enforced departure designations, extend authorization dates for individuals who have already been paroled into the United States, and expand legal pathways and protections for farmworkers and undocumented immigrants who were brought to the United States as children.
The group also wants the president to prioritize additional resources for U.S. Citizenship and Immigration Services to address the long backlogs and issue protections for those who have applications pending for advanced parole, asylum, Deferred Action for Childhood Arrivals, TPS, and work permits.
The group is further calling on him to "stop detention expansion efforts, shut down the most problematic detention centers that have long perpetuated violence and harm toward people seeking safety, and release vulnerable individuals and those who are eligible for TPS and parole."
Amnesty's demands of Biden come just seven weeks away from Trump's inauguration—and the Republican has already made clear that he's prepared to make immigration policy a priority with some of his leadership picks: South Dakota Gov. Kristi Noem for homeland security secretary; family separation architect Stephen Miller as deputy chief of staff for policy; and former U.S. Immigration and Customs Enforcement acting Director Tom Homan as "border czar."
As USA Todayreported Sunday, Miller and Homan have promoted different approaches to Trump's pledged deportations. Under an ICE-focused plan that Homan laid out shortly before the election, it would be "business as usual, but times two," Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, told the newspaper.
"Stephen Miller is absolutely apocalyptic about what mass deportations would look like on his end," Reichlin-Melnick continued. "He talks about detention camps in Texas with very clear, specific operational details."
According to the newspaper:
By all accounts, it appears Trump is siding with Miller for now.
Trump recently confirmed reports that he plans to declare a national emergency and use the U.S. military to conduct mass deportations.
But no matter how Trump carries out mass deportations, Reichlin-Melnick said the damage to the United States will be significant.
"Even if it doesn't end up being 11 million people, the fear has real effects on the people who become the target of this very hungry deportation machine."
Given the looming threat, Amy Fischer, director of refugee and migrant rights at Amnesty International USA, stressed the urgency of Biden acting now.
"President-elect Trump already has plans in place to start a massive deportation effort and completely gut the very foundation of asylum on day one of his second term. There simply is no time to lose," Fischer said. "We cannot allow the continued disintegration of the country's immigration system and the targeted rhetoric and violence toward people seeking safety at the border and new arrivals thriving in cities and towns across the United States."
"Some of these actions that President Biden must take will help slow down any mass deportation efforts and will send a strong message to people seeking safety that they are welcome in the United States," Fischer added. "This is his last chance."
One campaigner called it "a testament to the power of principled, courageous political action, and... a moment to celebrate for environmental advocates, ocean ecosystems, and future generations alike."
Environmental organizations cheered as Norway's controversial plans to move forward with deep-sea mining in the vulnerable Arctic Ocean were iced on Sunday.
The pause was won in Norway's parliament by the small Socialist Left (SV) Party in exchange for its support in passing the government's 2025 budget.
"Today marks a monumental victory for the ocean, as the SV Party in Norway has successfully blocked the controversial plan to issue deep-sea mining licenses for the country's extended continental shelf in the Arctic," Steve Trent, CEO and founder of the Environmental Justice Foundation, said in a statement. "This decision is a testament to the power of principled, courageous political action, and it is a moment to celebrate for environmental advocates, ocean ecosystems, and future generations alike."
"Today, thanks to the SV Party and all those around the world who spoke up against this decision, the ocean has won. Now, let's ensure this victory lasts."
Norway sparked outrage in January when its parliament voted to allow deep-sea mining exploration in a swath of its Arctic waters larger than the United Kingdom. Scientists have warned that mining the Arctic seabed could disturb unique hydrothermal vent ecosystems and even drive species to extinction before scientists have a chance to study them. It would also put additional pressure on all levels of Arctic Ocean life—from plankton to marine mammals—at a time when they are already feeling the impacts of rising temperatures and ocean acidification due to the burning of fossil fuels.
"The Arctic Ocean is one of the last pristine frontiers on Earth, and its fragile ecosystems are already under significant stress from the climate crisis," Trent said. "The idea of subjecting these waters to the destructive, needless practice of deep-sea mining was a grave threat, not only to the marine life depending on them but to the global community as a whole."
"Thankfully, this shortsighted and harmful plan has been halted, marking a clear victory in the ongoing fight to protect our planet's blue beating heart," Trent continued.
In June, Norway announced that it would grant the first exploratory mining licenses in early 2025. However, this has been put on hold by the agreement with the SV Party.
"This puts a stop to the plans to start deep-sea mining until the end of the government's term,” party leader Kirsti Bergstø said, as The Guardian reported.
Norway next holds parliamentary elections in September 2025, so no licenses will be approved before then.
The move comes amid widespread opposition to deep-sea mining in Norway and beyond. A total of 32 countries and 911 marine scientists have called for a global moratorium on the practice. More than 100 E.U. parliamentarians wrote a letter opposing Norway's plans specifically, and the World Wide Fund for Nature (WWF) has sued to stop them.
"This is a major and important environmental victory!" WWF-Norway CEO Karoline Andaur said in a statement. "SV has stopped the process for deep seabed mining, giving Norway a unique opportunity to save its international ocean reputation and gain the necessary knowledge before we even consider mining the planet's last untouched wilderness."
Haldis Tjeldflaat Helle, the deep-sea mining campaigner at Greenpeace Nordic, called the decision "a huge win."
"After hard work from activists, environmentalists, scientists, and fishermen, we have secured a historic win for ocean protection, as the opening process for deep-sea mining in Norway has been stopped," Helle said in a statement. "The wave of protests against deep-sea mining is growing. We will not let this industry destroy the unique life in the deep sea, not in the Arctic nor anywhere else."
However, Norway's Arctic waters are not entirely safe yet.
Prime Minister Jonas Gahr Stoere, of the Labour Party, toldTV2, on Sunday, "This will be a postponement."
The government said that other work to begin the process of deep-sea mining, such as drafting regulations and conducting environmental impact surveys, would move forward. Norway is currently governed by the Labour and Center parties. The two parties leading in polls for September's elections—the Conservatives and Progress Party—also both back deep-sea mining, according toReuters.
"If a new government attempts to reopen the licensing round we will fight relentlessly against it," Frode Pleym, who leads Greenpeace Norway, told Reuters.
Other environmental groups tempered their celebrations with calls for further action.
Trent of the Environmental Justice Foundation said that "while today is a cause for celebration, this victory must not be seen as the end of the struggle."
"We urge Norway's government, and all responsible global actors, to make this a lasting victory by enshrining protections for the Arctic Ocean and its ecosystems into law, and coming out in favor of a moratorium or ban on deep-sea mining," Trent added. "It is only through a collective commitment to sustainability and long-term stewardship of our oceans that we can ensure the health of the marine environment for generations to come."
Trent concluded: "Today, thanks to the SV Party and all those around the world who spoke up against this decision, the ocean has won. Now, let's ensure this victory lasts."
Andaur of WWF said that this was a "pivotal moment" for Norway to "demonstrate global leadership by prioritizing ocean health over destructive industry."
As WWF called on Norway to abandon its mining plans, it also urged the nation to reconsider its exploitation of the ocean for oil and gas.
"Unfortunately, we have not seen similar efforts to curtail the Norwegian oil industry, which is still getting new licenses to operate in Norwegian waters, including very vulnerable parts of the Arctic," Andaur said. "Norway needs to explore new ways to make money without extracting fossil fuels and destroying nature."
Greenpeace also pointed to the role Norway's pause could play in bolstering global opposition to deep-sea mining.
"Millions of people across the world are calling on governments to resist the dire threat of deep-sea mining to safeguard oceans worldwide," Greenpeace International Stop Deep-Sea Mining campaigner Louisa Casson said. "This is a huge step forward to protect the Arctic, and now it is time for Norway to join over 30 nations calling for a moratorium and be a true ocean champion."
The judge pointed to Russian arrest warrants for court leadership and U.S. threats of "draconian economic sanctions."
Less than two weeks after the International Criminal Court issued arrest warrants for Israeli and Hamas leaders, the ICC president on Monday warned that the tribunal faces "existential" threats—taking aim at Russia and the United States without naming either.
Judge Tomoko Akane's comments came at the start of the 23rd session of the Assembly of States Parties to the Rome Statute of the International Criminal Court, set to run through Saturday in The Hague, the Netherlands. Established in 2002, the treaty-based ICC prosecutes individuals for genocide, war crimes, crimes against humanity, and the crime of aggression.
"We are at a turning point in history. Regretfully, this is not rhetorical," the ICC president said. "International law and international justice are under threat. So is the future of humanity. The International Criminal Court will continue to carry out its lawful mandate, independently and impartially, without giving in to any outside interference."
"The court has been subjected to attacks seeking to undermine its legitimacy and ability to administer justice and realize international law and fundamental rights; coercive measures, threats, pressure, and acts of sabotage."
Akane shared examples of what the ICC has faced while pursuing justice "as atrocities continue to plague the world," detailing how "the court has been subjected to attacks seeking to undermine its legitimacy and ability to administer justice and realize international law and fundamental rights; coercive measures, threats, pressure, and acts of sabotage."
Rather than naming Russia or the U.S., she called them out as permanent members of the United Nations Security Council.
"Several elected officials are being severely threatened and are subjected to arrest warrants from a permanent member of the U.N. Security Council, merely for having faithfully and diligently carried out their judicial mandate per the statutory framework and international law," she said, referring to Russia, which launched a full-blown invasion of Ukraine in February 2022.
As Human Rights Watch (HRW) summarized Monday: "Arrest warrants issued by Russia against the ICC prosecutor and six of the court's current and former judges in retaliation to the court's March 2023 warrant against Russian President Vladimir Putin, remain pending, and a law criminalizing cooperation with the ICC remains in force in the country. In September 2023, the court was the target of a serious cyberattack."
In addition to Putin, the ICC last year issued a warrant for Russian Commissioner for Children's Rights Maria Lvova-Belova for allegedly abducting Ukrainian children and transporting them to Russia. At the time, neither Russia nor Ukraine was a party to the Rome Statute, but as Akane noted, Ukraine has since ratified the treaty that established the court and will be a state party beginning next year.
Highlighting U.S. attacks on the ICC, Akane said that "the court is being threatened with draconian economic sanctions from institutions of another permanent member of the Security Council as if it was a terrorist organization. These measures would rapidly undermine the court's operations in all situations and cases and jeopardize its very existence."
The ICC issued warrants for Israeli Prime Minister Benjamin Netanyahu, former Israeli Defense Minister Yoav Gallant, and Hamas leader Mohammed Diab Ibrahim Al-Masri last month despite pressure from the United States. Neither the U.S. nor Israel is a party to the ICC, but Palestine is.
As Palestine Chronicle editor Ramzy Baroud noted in a Monday opinion piece for Common Dreams, the November decision was significant in part because "historically, the vast majority of arrest warrants, and actual detention of accused war criminals seemed to target the Global South, and Africa, in particular."
The outgoing Biden administration and U.S. President-elect Donald Trump's pick for national security adviser have criticized the warrants for the leaders from Israel, which also faces a genocide case at the International Court of Justice over its assault on the people of Gaza.
Responding to the warrants on Fox News last month, U.S. Sen. Lindsey Graham (R-S.C.)—a key ally of Trump in the upper chamber that will soon be controlled by Republicans—said: "So to any ally, Canada, Britain, Germany, France, if you try to help the ICC, we're gonna sanction you... We should crush your economy, because we're next."
While Canadian Prime Minister Justin Trudeau said last week that "we will abide by all the regulations and rulings of the international court" as a party to the Rome Statute, France has flip-flopped on warrant enforcement. Just a day after French Prime Minister Michel Barnier told Parliament that the government would fulfill its obligations, the Foreign Ministry announced it would not detain Netanyahu and Gallant, claiming they have "immunities" because Israel is not a party to the treaty.
The Associated Pressexplained Monday that "Graham's threat isn't seen as just empty words," considering that as president, Trump "sanctioned the court's previous prosecutor, Fatou Bensouda, with a travel ban and asset freeze for investigating American troops and intelligence officials in Afghanistan."
Graham isn't alone in making threats. U.S. Sen. Tom Cotton (R-Ark.) targeted the court's current prosecutor in response to the warrants, writing on social media: "The ICC is a kangaroo court and Karim Khan is a deranged fanatic. Woe to him and anyone who tries to enforce these outlaw warrants. Let me give them all a friendly reminder: The American law on the ICC is known as the Hague Invasion Act for a reason. Think about it."
Officially titled the American Service Members' Protection Act, the 2002 law enables the president to use "all means necessary and appropriate to bring about the release of any U.S. or allied personnel being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court."
Akane said Monday that "we firmly reject any attempt to influence the independence and the impartiality of the court. We resolutely dismiss efforts to politicize our function. We have and always will comply only with the law, under all circumstances."
"There isn't such a thing as selective sanctions or coercive measures. If the court collapses, this will inevitably imply the collapse of all situations and cases," she stressed. "The fall of the court would imply the fall of the rule of law in the international community and a final defeat of the fight against impunity."
Still, the judge concluded that "the court can continue to provide what for humanity is the most essential sentiment: hope," a sentiment echoed by Khan, who spoke after her at the opening of the conference.
The prosecutor said that "history will judge whether or not the promise of the Rome Statute is vindicated in practice in the maelstrom that we see around us, not only the storm we face but winds that are perhaps to come. But despite that, really the focus of my remarks today is that we don't have the luxury, nor do we need to give in to despondency and despair."
As the conference got underway, Human Rights Watch released a 24-page report with recommendations to ensure the court has everything it needs to advance cases and called on state parties to support the ICC in the face of global attacks.
"ICC warrants, whether against Vladimir Putin or Benjamin Netanyahu, send a critical message that no one is above the law," said Liz Evenson, HRW's international justice director. "ICC member countries should make a commitment during their annual meeting to take all necessary steps to ensure that the ICC's crucial work for justice can continue without obstruction."