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Last night the first brief was filed in the appeal in CCR v. Obama, a lawsuit brought by the Center for Constitutional Rights (CCR) against the Bush administration in 2006 to challenge the legality of the National Security Administration's (NSA) warrantless wiretapping program. The suit originally sought an injunction ordering the government to end the program, and in response to this and other litigation, the government claimed to have shut down the program by 2007.
Last night the first brief was filed in the appeal in CCR v. Obama, a lawsuit brought by the Center for Constitutional Rights (CCR) against the Bush administration in 2006 to challenge the legality of the National Security Administration's (NSA) warrantless wiretapping program. The suit originally sought an injunction ordering the government to end the program, and in response to this and other litigation, the government claimed to have shut down the program by 2007. In the remaining part of the case, CCR asked the court to order the government to destroy any records of surveillance of the plaintiffs--CCR attorneys and legal staff who feared that their phone calls and emails were subject to surveillance under the program.
The government argued that CCR did not have standing to sue because the Center lacked evidence that its staff and attorneys had actually been surveilled (and could not obtain or use such evidence in the court proceedings because such evidence would be a "state secret"). The lower court agreed, holding that, even though "plaintiffs appear to have established that their litigation activities have become more costly due to their concern about [possible surveillance under the NSA program]," plaintiffs could not sue without proof that they had actually been eavesdropped upon. That ruling is now under appeal to the Court of Appeals for the Ninth Circuit.
"The Obama administration has never taken a position - in this or any of the other related cases - on whether the Bush administration's NSA surveillance program was legal. Instead, it fought to keep this case out of court on the Catch-22 argument that no one can ever prove they were targeted by a secret program," said CCR Senior Attorney Shayana Kadidal. "Despite considerable public evidence that attorneys were targeted by the program, the court refused to even order the minimum relief we sought--an order that the government destroy any records of this illegal surveillance that it still retains. It is astonishing that President Obama's administration continues to fight to hold on to the fruits of a patently illegal surveillance program, even where that surveillance was directed at attorneys engaged in suing the government."
In its briefs, the government acknowledged that it would be a "reasonable inference" to conclude from statements of government officials "that some attorney-client communications may have been surveilled under" the NSA program.
CCR v. Bush was filed against President George W. Bush, the head of the National Security Agency (NSA), and the heads of the other major security agencies, challenging the NSA's warrantless surveillance of people within the United States. As was widely reported, the NSA, for more than four years and with the approval of President Bush, engaged in a widespread program of warrantless electronic surveillance of telephone calls and emails in violation of the Foreign Intelligence Surveillance Act (FISA). FISA explicitly authorizes electronic surveillance for the purposes of collecting foreign intelligence only upon orders issued by federal judges who sit on a special court. It expressly authorizes warrantless wiretapping only for the first fifteen days of a war and makes it a crime to engage in wiretapping without specific statutory authority. Rather than seeking to amend the statute, President Bush simply violated it.
CCR filed the suit on its own behalf and on behalf of CCR attorneys and legal staff representing clients who fit the criteria described by Attorney General Gonzales for targeting under the NSA surveillance program. CCR has represented, among others, men detained indefinitely without charge at Guantanamo Bay; Maher Arar, a Canadian citizen who was wrongly accused of al Qaeda ties and then rendered from the United States to Syria for the purpose of being interrogated under torture; and Muslim immigrants unreasonably and wrongfully detained in the U.S. for months without probable cause or criminal charges in the wake of 9/11. CCR has been one of the most active opponents of the illegal detention, torture and intelligence-gathering practices instituted post-9/11. In the course of representing these clients, CCR's lawyers engaged in telephone calls and emails with people outside of the U.S., including clients, clients' families, outside attorneys, potential witnesses and others.
For more information visit the CCR v. Bush case page.
The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Founded in 1966 by attorneys who represented civil rights movements in the South, CCR is a non-profit legal and educational organization committed to the creative use of law as a positive force for social change. Visit www.ccrjustice.org. Follow @theCCR.
The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. CCR is committed to the creative use of law as a positive force for social change.(212) 614-6464
"Chevron should not be doing $75 billion in stock buybacks while price gouging American families and accelerating the climate crisis," said one critic.
Climate and consumer advocates reacted angrily Thursday to Chevron's announcement of a planned $75 billion stock buyback amid record profits and a worsening planetary emergency exacerbated by the continued extraction and burning of fossil fuels.
California-based Chevron said Wednesday it would start buying back shares on April 1, and that the new repurchase will be three times the size of the last one, which began in 2019. Bloombergnotes that the new buyback is equivalent to nearly a quarter of Chevron's market value.
"Companies like Chevron are doing absolutely massive stock buybacks after price gouging working families for over a year," tweeted Pennsylvania state Rep. Malcolm Kenyatta (D-181). "Then these same companies will come back hat-in-hand begging for more tax breaks and tax cuts."
Brian Vickers, a business administration professor at Northeastern State University in Oklahoma, tweeted, "I kept saying gas price increases were straight-up price gouging and not indicative of the price of oil, and here's all the proof I was right."
\u201cAfter decimating Indigenous groups in the Amazon and evading a $9.5 billion pollution judgement in Ecuador, @Chevron is now reporting a $75 billion buyback of its own stock. How the rich get richer while the poor die.\n\nThis company should lose its license to operate.\u201d— Steven Donziger (@Steven Donziger) 1674760480
The Biden administration—which despite a worsening climate emergency has been pressing oil companies to increase production to keep gas prices down—denounced Chevron's planned buyback.
"For a company that claimed not too long ago that it was 'working hard' to increase oil production, handing out $75 billion to executives and wealthy shareholders sure is an odd way to show it," White House spokesperson Abdullah Hasan said in response to news of the buyback.
Thursday's announcement came as Chevron, BP, ExxonMobil, Shell, and TotalEnergies are set to announce a record $199 billion in collective 2022 profits, 50% higher than the previous record set over a decade ago, according to Bloomberg.
\u201cNEWSFLASH: Chevron should not be doing *$75 BILLION* in stock buybacks while price gouging American families and accelerating the climate crisis.\u201d— Climate Power (@Climate Power) 1674755389
Chevron's $11.2 billion third-quarter profit last year was its second-highest on record and nearly double the $6.1 billion it reported during the same period in 2021.
Reacting to Chevron's impending buyback, biogeochemist and Earth sciences professor Gabriel Filippelli said "so much is wrong about this."
"Record profits for Chevron and the [Biden] administration is mad that they don't pump that into more drilling?" he asked. "They should pump it into more renewables and a real divestment strategy to stop producing their deadly product."
On Wednesday, U.S. Sens. Catherine Cortez Masto (D-Nev.) and Ben Ray Luján (D-N.M.) reintroduced the Fair and Transparent Gas Prices Act, which the lawmakers argue "would give the Federal Trade Commission the tools it needs to investigate unfair practices, provide market transparency, and prevent price gouging by Big Oil and gas companies."
\u201cBig Oil is making record profits, while Nevadans still have some of the highest gas prices in the country. I see it every time I fill up my tank.\n\nMy bill will investigate Big Oil for price gouging and work to stop any unfair practices hurting Nevadans.\nhttps://t.co/bT3Qv1m5kx\u201d— Senator Cortez Masto (@Senator Cortez Masto) 1674745500
Last March, Rep. Ro Khanna (D-Calif.) introduced legislation that would tax excess oil company profits and use the proceeds to pay American households a quarterly rebate. That same month in the Senate Bernie Sanders (I-Vt.) introduced the Ending Corporate Greed Act, which would impose a 95% tax on the windfall profits of major companies.
President Joe Biden has threatened to back a windfall profits tax on Big Oil unless companies ramp up production, but has not yet done so.
While the move comes after law enforcement in Georgia killed a "Cop City" protester, one official said it is a "purely precautionary" measure before the anticipated release of video footage from an arrest in Tennessee.
Republican Georgia Gov. Brian Kemp on Thursday signed an executive order declaring a state of emergency through at least February 9 that will enable him to deploy up to 1,000 National Guard troops "as necessary."
The order follows protests in Atlanta after 26-year-old forest defender Manuel "Tortuguita" Teran was shot dead last week during a multi-agency raid on an encampment to oppose construction of Cop City, a nearby law enforcement training center. The Georgia Bureau of Investigation (GBI), which is investigating the case, has said Teran was killed after he shot and wounded a state trooper.
While the order begins by stating that "protests turned violent in downtown Atlanta" last Saturday, The Atlanta Journal-Constitutionreported that Kemp's aides signaled that the move was not about the Cop City demonstrations but rather in anticipation of any potential response to video footage from Memphis, Tennessee showing the arrest of Black motorist Tyre Nichols.
\u201cGeorgia Gov. Brian Kemp is calling up to 1,000 National Guard troops & declaring a state of emergency until Feb 9, a week after police killed forest defender Tortuguita. 12 Cop City opponents were charged with domestic terrorism since. Tomorrow the Tyre Nichols video comes out.\u201d— Alleen Brown (@Alleen Brown) 1674766682
As Common Dreamsreported earlier Thursday, five fired Memphis cops were charged with second-degree murder and other crimes related to Nichols' death. Footage of the 29-year-old's arrest is expected to be released sometime after 6:00 pm local time on Friday.
"We understand the executive order is purely precautionary based on possible unrest following the release of the videos from Memphis," an official in Georgia with direct knowledge of the situation told the AJC. "There are no immediate intentions to deploy the guard."
The Atlanta Police Department also mentioned the Memphis case in a statement Thursday:
We are closely monitoring the events in Memphis and are prepared to support peaceful protests in our city. We understand and share in the outrage surrounding the death of Tyre Nichols. Police officers are expected to conduct themselves in a compassionate, competent, and constitutional manner and these officers failed Tyre, their communities, and their profession. We ask that demonstrations be safe and peaceful.
In a series of tweets Thursday, the Atlanta Community Press Collective named several people killed by law enforcement in recent years and suggested that Kemp's order is about "trying to instill fear in anyone who stands up against police brutality."
\u201cKemp's declaration of a State of Emergency isn't about property damage at Saturday's protests at all. It's about police murdering #TyreNichols and Tortuguita within two weeks of each other. They're trying to instill fear in anyone who stands up against police brutality.\u201d— Atlanta Community Press Collective (@Atlanta Community Press Collective) 1674764329
Meanwhile, national groups and progressive lawmakers have echoed local demands for an independent probe in Teran's case.
The Georgia Bureau of Investigation has highlighted that it is separate from the Georgia State Patrol and said that GBI "is conducting an independent investigation," after which it will "turn the investigative file over to the prosecutor." The agency noted Wednesday that DeKalb County District Attorney Sherry Boston has recused herself from the case so a special prosecutor will be assigned.
Some have pushed back against the "police narrative" that the "corporate media has ran away with" for Teran's case, as forest defender Kamau Franklin toldDemocracy Now! last week, adding that "we find it less than likely that the police version of events is what really happened."
"And that's why we're calling for an independent investigation, not one that's done by the Georgia Bureau of Investigation, not one that's done by any federal authority, but a complete independent investigation," Franklin said, "because that's the only way we're going to know what really happened."
"Military industrial production can be redirected to civilian technologies that contribute to societal well-being and provide green jobs," says the Costs of War project.
A pair of reports published Thursday show that many workers employed in the U.S. military-industrial complex support shifting manufacturing resources from military to civilian use—a conversion seen as vital to the fight against the climate emergency.
Moving "from a war economy to a green economy" can help avert the worst consequences of the climate crisis, noted the Costs of War project at Brown University’s Watson Institute, publisher of the new research.
"Ever-higher military spending is contributing to climate catastrophe, and U.S. lawmakers need a better understanding of alternative economic choices," Stephanie Savell, co-director of Costs of War, said in a statement. "Military industrial production can be redirected to civilian technologies that contribute to societal well-being and provide green jobs. This conversion can both decarbonize the economy and create prosperity in districts across the nation."
In one of the papers released Thursday, Miriam Pemberton, an associate fellow at the Institute for Policy Studies, described "how the United States developed a war economy," as reflected in its massive $858 billion military budget, which accounts for roughly half of all federal discretionary spending.
As Pemberton explained:
When the U.S. military budget decreased after the Cold War, military contractors initiated a strategy to protect their profits by more widely connecting jobs to military spending. They did this by spreading their subcontracting chains across the United States and creating an entrenched war economy. Perhaps the most infamous example: Lockheed Martin's F-35 fighter jet, which is built in 45 states.
The strategy proved successful. Today, many members of Congress have political incentives to continue to raise the military budget, in order to protect jobs in their districts. Much of the U.S. industrial base is invested in and focused on weapons production, and industry lobbyists won't let Congress forget it.
Not only is the Pentagon a major contributor to planet-heating pollution—emitting more greenhouse gases than 140 countries—and other forms of environmental destruction, but a 2019 Costs of War study showed that "dollar for dollar, military spending creates far fewer jobs than spending on other sectors like education, healthcare, and mass transit," Pemberton continued.
Moreover, "military spending creates jobs that bring wealth to some people and businesses, but do not alleviate poverty or result in widely-shared prosperity," Pemberton wrote. "In fact, of the 20 states with economies most dependent on military manufacturing, 14 experience poverty at similar or higher rates than the national average."
"A different way is possible," she stressed, pointing to a pair of military conversion case studies.
"The only way to really lower emissions of the military is you've got to make the military smaller."
As military budgets were shrinking in 1993, Lockheed was eager to expand its reach into non-military production.
"One of its teams working on fighter jets at a manufacturing facility in Binghamton, New York successfully shifted its specialized skills to produce a system for transit buses that cut fuel consumption, carbon emissions, maintenance costs, and noise, called 'HybriDrive,'" Pemberton explained.
By 1999, Lockheed "sold the facility producing HybriDrive buses and largely abandoned its efforts to convert away from dependence on military spending," she wrote. "But under the new management of BAE Systems, the hybrid buses and their new zero-emission models are now reducing emissions" in cities around the world.
According to Pemberton, "This conversion project succeeded where others have failed largely because its engineers took seriously the differences between military and civilian manufacturing and business practices, and adapted their production accordingly."
In another paper released Thursday, Karen Bell, a senior lecturer in sustainable development at the University of Glasgow, sought to foreground "the views of defense sector workers themselves," noting that they "have been largely absent, despite their importance for understanding the feasibility of conversion."
Bell surveyed 58 people currently and formerly employed in military-related jobs in the U.S. and the United Kingdom and found that "while some workers said that the defense sector is 'socially useful,' many were frustrated with their field and would welcome working in the green economy."
"This was a small group so we cannot generalize to defense workers overall," writes Bell. "However, even among this small cohort, some were interested in converting their work to civil production and would be interested in taking up 'green jobs.'"
One respondent told Bell: "Just greenwashing isn't going to do it. Just putting solar panels up isn't going to do it. So we're trying to stress that the only way to really lower emissions of the military is you've got to make the military smaller."
"By the way, do we really need to update all our ICBMs [Inter-Continental Ballistic Missiles]?" the survey participant asked. "Don't we have enough to blow up the world three times over, or five times over? Why don't we take those resources and use them someplace else where they really should be?"