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Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
Daniel Kessler, 510-501-1779, danieljkessler@gmail.com; Jamie Henn, jamie@350.org, 415-601-9337
Campaigners protesting the proposed Keystone XL pipeline reacted with anger today to the news that the Obama campaign had hired a former lobbyist for the pipeline as a new senior advisor to the president's 2012 re-election campaign.
Records show that Broderick Johnson lobbied Congress on the Keystone XL pipeline while working for Bryan Cave LLP, a top lobby firm in Washington, DC. During the fourth quarter of 2010, the firm spent $120,000 working on the issue. (1) Bryan Cave LLP reported earnings of $1.08 million between 2009-2011 lobbying on behalf of pipeline company TransCanada, according to the Center for Responsive Politics. (2)
"The news about Mr. Johnson comes on top of the revelations that Hillary Clinton's former deputy campaign manager became the lead lobbyist for the pipeline firm TransCanada, and that the State Department literally let TransCanada pick the company that would conduct the environmental review of its project," said Bill McKibben, of TarSandsAction.org, which has been spearheading protests against the pipeline. "It stinks. I don't think you could conceive a more elaborate way to disrespect not just the environmental community but also Occupy Wall Street, because this is simply a reminder of the way that corporate lobbyists dominate our politics. Forget 'Hope and Change'-it's like they want their new slogan to be 'Business as Usual.'"
McKibben said the only saving grace was that Johnson was working for the campaign, not the White House. "Maybe, just maybe, Barack Obama himself still hasn't made up his mind about the pipeline. That's why we're going to surround the White House on November 6, carrying signs and banners with words from his 2008 campaign about the need to end 'the tyranny of oil'. We want to see if we can somehow jog his memory."
Thousands of people are expected to join the November 6 White House demonstration. Earlier this morning, Tar Sands Action released a video of actor Mark Ruffalo encouraging participants at Occupy Wall Street to join the Keystone XL protest. (3)
Tar Sands Action is a program of Peaceful Uprising, which is a project of International Humanities Center a 501(c)(3) charitable trust.
“Warner’s opposition to Bill Pulte masks the fact that he is still the Democrats’ chief advocate for handing over unchecked spying powers to the Trump administration," said one progressive campaigner.
The watchdog group Demand Progress on Thursday warned that the Senate Intelligence Committee's top Democrat is attacking civil liberties by collaborating with Republicans and the Trump administration to renew warrantless spying powers—even as he sounds the alarm over President Donald Trump's appointment of unqualified loyalist Bill Pulte as acting director of national intelligence.
Sen. Mark Warner (D-Va.) is pressing Senate Majority Leader John Thune (R-SD) to use his influence to persuade Trump to reconsider appointing Pulte—a private equity firm founder and homebuilder who is currently director of the Federal Housing Finance Agency (FHFA) and chairman of Fannie Mae and Freddie Mac—to the top intel post, which current Director of National Intelligence (DNI) Tulsi Gabbard will officially vacate on June 30.
Warner this week called out Pulte's lack of relevant experience, as well as his "eagerness to use the authorities of government to pursue political retribution" against a number of Trump’s political foes for politically motivated mortgage fraud investigations.
However, critics including Demand Progress have pointed out Warner's critical role in whipping Democratic support for renewing Section 702 of the Foreign Intelligence Surveillance Act (FISA), which allows the US government to collect electronic communications of noncitizens located outside the United States without a warrant. Experts note that Americans’ data is also swept up during such surveillance, and civil society groups and some lawmakers from both parties have demanded reforms to prevent further abuse by federal agencies.
Section 702, which was reauthorized for two years in 2024, is set to expire next week. There is a legislative battle between lawmakers and intelligence officials who want to extend Section 702 largely intact—the so-called "clean" reauthorization backed by Trump and his allies—and privacy-focused legislators from both parties who want reforms, especially a requirement for warrants before searching Americans' communications.
A three-year proposal passed by House lawmakers in April did not include a warrantless requirement.
“Sen. Warner’s opposition to Bill Pulte masks the fact that he is still the Democrats’ chief advocate for handing over unchecked spying powers to the Trump administration," Demand Progress executive director Sean Vitka said Thursday. "Pulte obviously must go, but he’s also proof that this administration is eager and willing to use the Office of the Director of National Intelligence as a weapon."
"If Trump pulls Pulte, he can easily appoint another eager goon to fill the slot," Vitkaco stressed. "By focusing on Pulte and not broader reforms, Sen. Warner is not standing up for Americans or the Constitution, he is disguising his work to engineer warrantless mass surveillance against us."
"We know this because he’s been doing it publicly for months," he added. "An unprecedented, bipartisan movement is demanding privacy reforms, but Sen. Warner’s machinations threaten to derail this progress and hand Trump the surveillance powers he needs to threaten Americans and democracy itself for the rest of his administration.”
Demand Progress said that Warner "has conspicuously failed to join the chorus of Democrats and Republicans calling for reforms to FISA that would protect privacy and democracy itself."
"Warner, who is negotiating with Republicans and the Trump administration to renew FISA, has only commented on how bad Pulte is and notably stopped short of saying anything about FISA reform," the group continued. "This is particularly telling considering Warner’s history of promising future reforms to get FISA renewed and failing to deliver."
Demand Progress contrasted Warner's actions with those of his fellow Democrats, including Catherine Cortez Masto of Nevada, who explicitly called for “reforms to ensure Americans’ privacy and rights are protected.”
Senate lawmakers could hold an initial procedural vote on extending Section 702 as soon as Thursday, with just a simple majority needed for the measure to advance. Future votes would require the support of 60 senators in order to avoid a Republican filibuster.
Elizabeth Goitein, co-director of the Liberty and National Security Program at the Brennan Center for Justice, warned Wednesday in a social media thread that the Section 702 extension supported by Trump, his Republican allies in Congress, and Warner "doesn’t just fail to curb warrantless domestic spying, it actually expands the government's ability to use 702 against Americans."
"Trump’s allies and Warner have produced a bill that purports to include reforms, but that makes no change whatsoever to existing standards and procedures for conducting backdoor searches, let alone a warrant requirement," she continued.
A "backdoor search" occurs when the government collects information about a US citizen when the surveillance was originally authorized for foreign targets and the government did not obtain a warrant before collecting the communications.
"These 'backdoor searches' are an affront to the Fourth Amendment," Goitein asserted. "They have led to widespread abuses, including FBI searches for the communications of members of Congress, campaign donors, journalists, and protesters across the political spectrum."
"There is broad bipartisan support in Congress for requiring the government to get a warrant before accessing Americans’ communications obtained under Section 702," she continued. "This reform has twice passed the House, and 76% of Americans support it."
"Unsurprisingly, Trump and his allies in Congress oppose this reform," Goitein wrote. "What’s more surprising is that key Democratic surveillance hawks, including Mark Warner and [Rep.] Jim Himes [D-Conn.], have teamed up with the Trump camp to ensure that his administration has continued warrantless access."
"Even more disturbing is the provision titled 'Restriction on Use of United States Person Information Acquired Under Section 702 in Criminal Prosecutions,'" she said. "Notwithstanding the Orwellian title, this provision actually *removes* existing restrictions on such use.
"Any member who is concerned with Pulte’s appointment should be aghast at the prospect of handing this administration warrantless access to Americans’ private communications and expanding its power to use those communications against Americans in court," Goitein added. "There is only one way senators can force leadership to permit amendment votes or otherwise negotiate: vote NO on the procedural motion that will take place in the coming days. Senators who support reform are the majority; they have real leverage. They must use it."
The Brennan Center for Justice and Demand Progress were among dozens of civil society groups that on Monday sent a letter to congressional leaders urging them to "not abandon Americans' constitutional rights" and "reject any extension that does not include key bipartisan reforms that would protect Americans' privacy and civil rights and liberties."
Among other things, the pardoned rioters have faced charges related to grand larceny, fraud, child sexual abuse, and plots to assassinate law enforcement officials and politicians.
On the first day of his second term last year, President Donald Trump delivered a mass pardon to more than 1,500 people who were charged with crimes related to the violent riot at the US Capitol on January 6, 2021.
An analysis published Thursday by Lawfare associate editor Katherine Pompilio finds that at least 97 of these pardoned Trump supporters have been charged with other crimes, including serious alleged offenses such as grand larceny, fraud, and plots to assassinate law enforcement officials and politicians.
The analysis also documents 14 instances of pardoned Capitol rioters being "charged with sex crimes or crimes related to child sexual abuse material (CSAM)," while "at least six" have been charged with domestic violence.
Some of the pardoned rioters have been charged with more minor offenses, including public intoxication, possession of drug paraphernalia, and property damage.
The most notable finding is that at least five of the repeat offenders committed crimes after being freed from prison as a result of Trump's actions, suggesting that his pardon "may have actively facilitated criminal conduct."
The most infamous case involves Andrew Paul Johnson, a Capitol rioter who was freed from prison after receiving the Trump pardon and has since been sentenced to life in prison on charges related to child molestation.
"The criminal conduct for which he was convicted took place both before and after his pardon," the analysis notes.
Other repeat offenders who committed crimes after being freed by Trump were Zachary Alam, who was convicted of felony and grand larceny months after being pardoned, and Ryan Nichols, who was arrest last month for allegedly "threatening a person with a gun in a church parking lot," the analysis finds.
According to a Thursday report from The New York Times, the Lawfare analysis more than doubles the number of documented instances of pardoned rioters who have been charged with crimes beyond January 6-related offenses.
"A previous study of January 6 recidivism found that at least 40 defendants faced other criminal charges, with 12 taking place after Trump's clemency order," reported the Times. "The Lawfare study found 19 criminal cases that occurred after the clemency."
"Every senator took an oath to support and defend the Constitution, and honoring that oath means using the Senate's confirmation authority to protect the independence of federal law enforcement."
In a letter to US senators Thursday, more than two dozen legal and advocacy groups expressed their commitment to "the rule of law and the independence of federal law enforcement" as they urged the Senate to reject President Donald Trump's impending nomination of acting US Attorney General Todd Blanche to officially take the helm of the Department of Justice.
Considering that Blanche previously directly represented Trump as his defense attorney in three separate criminal cases, said the groups, which form the Not Above the Law Coalition, "Blanche as attorney general would represent a new low, and an unprecedented corruption of the institution itself."
"In 2023, Blanche left his law firm to become Trump's personal criminal defense attorney across three concurrent cases: the hush money trial, the federal classified documents case, and matters related to January 6th," wrote the coalition, which includes Democracy Defenders Fund, End Citizens United, and Public Citizen. "For two years, he had one job: Keep local, state, and federal investigators away from his client Donald Trump, and in particular, to shield Trump from the Justice Department.
"Now he controls that very federal agency," said the organizations, noting that he still operates as "Trump's lawyer."
Since joining the administration—first as deputy attorney general serving alongside former Attorney General Pam Bondi, and then taking over for her in an acting capacity after she was fired—Blanche has refused to recuse himself from all matters pertaining to Trump, considering his former work representing the president; boasted that the FBI "cleaned house" after firing career prosecutors who had been involved in investigating Trump; filed motions to vacate seditious conspiracy convictions of several people who attacked the US Capitol on January 6; and created a since-blocked $1.8 billion "slush fund" meant to disburse money to Trump's allies due to what the president views as unfair prosecutions.
"The only thing that changed when Blanche walked into the DOJ is that now the American people are paying the bill while he weaponized the department against Trump’s perceived enemies and cut deals for his boss."
Blanche has also played a major role in weaponizing the DOJ against Trump's "perceived enemies," including the Southern Poverty Law Center and former FBI Director James Comey, both of whom he obtained indictments for.
The Not Above the Law Coalition said the "Block Blanche" campaign launched by the letter would target senators who show willingness to confirm the compromised nominee.
The co-chairs of the group—including Lisa Gilbert of Public Citizen, Praveen Fernandes of the Constitutional Accountability Center, Kelsey Herbert of MoveOn, and Brett Edkins of Stand Up America—emphasized that Blanche "is not America's attorney general."
"He was Donald Trump's criminal defense lawyer and personal fixer before working for the Justice Department, and he never stopped," they said. "The only thing that changed when Blanche walked into the DOJ is that now the American people are paying the bill while he weaponized the department against Trump’s perceived enemies and cut deals for his boss."
"Every senator took an oath to support and defend the Constitution, and honoring that oath means using the Senate's confirmation authority to protect the independence of federal law enforcement," the co-chairs added. "We're here to remind them of this duty to our nation."
The groups added that Blanche's conduct and the announcement of his nomination make clear that "former Attorney General Pam Bondi wasn't removed because she crossed a line. She was removed because she didn't cross enough of them. Blanche's appointment escalates the weaponization of the DOJ beyond what even Bondi would execute."
"The Senate has a constitutional obligation to answer one question," said the groups. "Does the Justice Department serve the American people, or does it serve Donald Trump?"