April, 21 2014, 01:52pm EDT
Appeals Court Orders Release of Targeted Killing Memo
3-0 Ruling Reverses District Court’s Dismissal of ACLU FOIA Lawsuit
NEW YORK
For the first time, a federal appeals court has ordered the government to release a crucial legal memo relating to U.S. targeted killing operations, reversing a lower court decision that upheld the government's secrecy claims despite characterizing them as the stuff of "Alice in Wonderland."
The American Civil Liberties Union's Freedom of Information Act lawsuit demands that the CIA and the Departments of Justice and Defense disclose records about the deaths of three U.S. citizens killed in Yemen in 2011: Anwar al-Awlaki, his 16-year-old son Abdulrahman, and Samir Khan. In addition to ordering the release of a legal memo from the Justice Department's Office of Legal Counsel to the Defense Department, today's 3-0 ruling by the Second Circuit Court of Appeals also ordered the government to describe other documents relating to the killings about which it has previously refused to release any information. The ruling permits the ACLU to challenge the government's withholding of those documents in the lower court.
"This is a resounding rejection of the government's effort to use secrecy and selective disclosure to manipulate public opinion about the targeted killing program," said ACLU Deputy Legal Director Jameel Jaffer, who argued the case before the three-judge panel in October.
"The government can't legitimately claim that everything about the targeted killing program is a classified secret while senior officials selectively disclose information meant to paint the program in the most favorable light. The public has a right to know why the administration believes it can carry out targeted killings of American citizens who are located far away from any conventional battlefield."
The ACLU's FOIA request seeks documents related to the legal and factual bases for the government's killing of the three Americans, including memos written by the Justice Department's Office of Legal Counsel concluding that the killing of American citizens would be constitutional in certain situations. The New York Times submitted a similar but narrower FOIA request, and the two resulting lawsuits were combined.
Also today, Justice Stephen Breyer issued a statement in connection with the Supreme Court's decision to not hear a case relating to the detention of a prisoner held at Guantanamo. Discussing the Authorization for the Use of Military Force, which is used by the government to justify drone killings and other operations, Justice Breyer emphasized that the Supreme Court "has not directly addressed whether the AUMF authorizes, and the Constitution permits, detention on the basis that an individual was part of al Qaeda, or part of the Taliban, but was not 'engaged in an armed conflict against the United States' in Afghanistan prior to his capture."
Connecting today's targeted killing decision with Justice Breyer's new statement, ACLU National Security Project Director Hina Shamsi said, "Today's decision requiring the government to release its legal justification for the targeted killing program takes on special significance in light of Justice Breyer's reminder that the Supreme Court has not sanctioned the government's extreme claim that it is engaged in a possibly forever war without geographic limits. The courts have a crucial role to play in reviewing and limiting the government's use of lethal force far from any battlefield."
Today's ruling is the second by an appellate court to reject the government's claims of secrecy surrounding the targeted killing program. In a separate pending FOIA lawsuit filed by the ACLU seeking documents about drone operations worldwide involving both U.S. citizens and non-citizens, the D.C. Circuit Court of Appeals ruled in March 2013 that the CIA can no longer deny its intelligence interest in maintaining the targeted killing program.
Today's ruling is at:
aclu.org/sites/default/files/assets/targeted_killing_foia_appeal_ruling.pdf
Information on this and other ACLU cases on targeted killing is at:
aclu.org/national-security/targeted-killings
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.
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CBO Provides 'Stark Preview of Healthcare Under Donald Trump'
Millions of Americans could lose coverage if the GOP allows the Affordable Care Act's enhanced premium tax credits expire.
Dec 06, 2024
As Congress negotiates the extension of Affordable Care Act tax credits, a nonpartisan government analysis warned this week that letting the ACA subsidies expire next year would cause millions of Americans to lose health coverage in the years ahead.
The American Rescue Plan Act "reduced the maximum amount eligible enrollees must contribute toward premiums for health insurance purchased through the marketplaces established by the Affordable Care Act, and it extended eligibility to people whose income is above 400% of the federal poverty level," wrote Congressional Budget Office (CBO) Director Phillip Swagel.
His Thursday letter came in response to an inquiry from U.S. Sens. Jeanne Shaheen (D-N.H.) and Ron Wyden (D-Ore.) along with Reps. Richard Neal (D-Mass.) and Lauren Underwood (D-Ill.) about "the effects on health insurance coverage and premiums that will result from not extending—either for one year or permanently—the expanded premium tax credit structure."
"Without an extension through 2026, CBO estimates, the number of people without insurance will rise by 2.2 million in that year," Swagel said. "Without a permanent extension, CBO estimates, the number of uninsured people will rise by 2.2 million in 2026, by 3.7 million in 2027, and by 3.8 million, on average, in each year over the 2026-2034 period."
"Without an extension through 2026, CBO estimates, gross benchmark premiums will increase by 4.3%, on average, for that year," the director continued. "Without a permanent extension, CBO estimates, gross benchmark premiums will increase by 4.3% in 2026, by 7.7% in 2027, and by 7.9%, on average, over the 2026-2034 period."
"If Congress fails to act, healthcare will become out of reach for millions of Americans, leaving middle-class families to struggle and choose between seeing a doctor or keeping a roof over their heads or groceries in the fridge."
The analysis comes as the world braces for GOP control of Congress and the White House, with President-elect Donald Trump set to be sworn in next month. Since President Barack Obama signed the ACA—also known as Obamacare—in 2010, elected Republicans including Trump have repeatedly tried to gut or fully repeal the law.
In response to the CBO report, Wyden said, "This is a stark preview of healthcare under Donald Trump: higher insurance premiums for families who buy health coverage on their own, and more uninsured Americans who can't afford health insurance at all."
"Republicans have an opportunity to end their ideological crusade against the Affordable Care Act and work in a bipartisan manner to make healthcare more affordable for working families, but instead they seem poised to hand another big tax break to corporations and the wealthy," warned Wyden, the outgoing Senate Finance Committee chair.
In September, Shaheen and Underwood introduced a bill to make the ACA's enhanced premium tax credits permanent. Shaheen said Thursday that the "new data from CBO confirms what we feared: if Congress fails to extend these tax credits, healthcare costs will skyrocket for millions of families and 3.8 million Americans will lose coverage entirely."
"At a time when Americans are already facing higher prices, we should do everything we can to lower costs when and where we can," she added. "It's time we pass my Health Care Affordability Act to permanently extend the tax credits so many families rely on."
Advocacy groups echoed demands for Congress to at least extend the subsidies following the CBO's findings.
"If Congress fails to act, healthcare will become out of reach for millions of Americans, leaving middle-class families to struggle and choose between seeing a doctor or keeping a roof over their heads or groceries in the fridge," said Protect Our Care executive director Brad Woodhouse in a statement.
"Instead of helping hardworking families, Republicans have opposed measures to lower healthcare costs and have instead focused on delivering tax breaks to big corporations and the wealthiest Americans," he continued. "Health coverage gives people peace of mind knowing they won't go bankrupt over an injury or illness. Democrats stand ready to extend the tax credits to ensure everyone has access to affordable healthcare. It's time for Republicans to get on board."
While the CBO found with the expiration of the credits, "on average, those with health insurance will see their unsubsidized gross monthly premiums increase by as much as 8% each year," Anthony Wright, executive director of Families USA, pointed out that "for people who now receive premium assistance, the increases will be far steeper."
"Taking into account the cuts in premium assistance, nonpartisan organizations, such as the Center on Budget and Policy Priorities, report that people will experience estimated premium increases ranging from 41% to 218%, with a median increase of 91%—a near doubling of their monthly costs," he explained.
"For nearly 20 million Americans, these enhanced tax credits have been the difference between getting access to the healthcare and coverage they need or going without it," Wright stressed. "At a time when so many families are struggling to pay for the basics, these tax credits have been a literal lifeline for millions of people to get healthcare they can afford."
"Voters just made it clear in the 2024 election that they want action to lower costs—and so it would be cruel to have the result be inaction that allows these tax credits to expire, and monthly healthcare costs to jump," he added. "For many millions of working Americans, premiums will double. For some, the spike will be not just hundreds but thousands of dollars of additional costs, leading many millions to lose coverage altogether. Congress must protect the health and financial security of our nation's families right now by extending these critical tax credits."
Citing several unnamed sources, The Washington Postreported Friday afternoon that Democrats on Capitol Hill privately proposed a deal to extend the ACA subsidies by a year, which "accompanied a broader package of healthcare proposals submitted to Republicans on Thursday night ahead of year-end spending negotiations."
"It is not yet clear whether Republican leaders, who control the House, will agree to any of the proposals," the Post noted. "Spokespeople for Republicans on the House Ways and Means and the Senate Finance committees declined to comment."
Despite efforts to salvage the ACA subsidies due to the pain and economic suffering that would follow if they are not extended, progressives across the board continue to argue that Obamacare—which sends billions of federal dollars to the private insurance industry—is a far inferior solution compared with Medicare for All, which would cover everyone in the United States at a lower overall cost than the current system.
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Wealth of World's Richest Has Doubled Over Past Decade
The total wealth of billionaires increased by 121% from 2015-24.
Dec 06, 2024
Driven largely by the accumulation of massive wealth by the richest people in the United States, the Swiss wealth manager UBS said Thursday the assets of billionaires around the world more than doubled over the past decade.
Between 2015-24, the total wealth of billionaires increased by 121%, from $6.3 trillion to $14 trillion.
Meanwhile, the MSCI AC World Index of global equities, which measures the performance of more than 3,000 stocks from both developed and emerging markets, rose by 73%.
The planet's total gross domestic product is about $105.4 trillion, with a population of just over 8 billion, underscoring the extreme concentration of wealth among the very richest people.
The number of billionaires rose from 1,757 to 2,682 over the past decade, while the wealthiest people in the world boasted significant gains over just the past year.
Billionaires' wealth jumped by about 17% in 2024, with the accumulation of wealth among the richest people in the U.S. offsetting a decline in China.
U.S. billionaires amassed wealth gains that were 27.6% higher than the previous year, accumulating a total of $5.8 trillion—more than 40% of international billionaire wealth.
The tax cuts pushed through by President-elect Donald Trump and the Republican Party in 2017 are still in effect in the U.S. Tax policy analysts have found that the law was skewed to the rich, with households in the top 1% of incomes expecting to receive an average tax cut of more than $60,000 in 2025 compared to an average tax cut of less than $500 for people in the bottom 60%.
As Common Dreams reported this week, the top 12 U.S. billionaires now control $2 trillion. The wealth of the four richest people in the U.S.—Tesla CEO Elon Musk, Amazon founder Jeff Bezos, Oracle co-founder Larry Ellison, and Meta CEO Mark Zuckerberg—has hit $1 trillion.
"These four men were worth $74 billion 12 short years ago," said Americans for Tax Fairness. "Tax billionaires."
At the G20 Summit last month, world leaders agreed to "engage cooperatively to ensure that ultra-high-net-worth individuals are effectively taxed."
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Alarm Raised Over Wall Street Titan at SSA
"Nothing in Mr. Bisignano's career suggests that he understands the unique needs of older and disabled Americans," said the Alliance for Retired Americans' leader.
Dec 06, 2024
Critics of U.S. President-elect Donald Trump's pick to run the Social Security Administration, Frank Bisignano, warned this week that the Wall Street veteran may not be the best choice to run an agency that provides one of America's most important social safety nets.
"President-elect Trump has nominated financial software CEO and GOP donor Frank Bisignano to head the agency that administers Social Security benefits for some 70 million Americans. If confirmed, Bisignano will be accountable—not to corporate boards or stockholders—but to the American people, who depend on their Social Security benefits and pay for them over a lifetime of work," said Max Richtman, president and CEO of the National Committee to Preserve Social Security and Medicare, in a Thursday statement.
Richard Fiesta, executive director of the Alliance for Retired Americans, said in a statement that "nothing in Mr. Bisignano's career suggests that he understands the unique needs of older and disabled Americans."
"We are also concerned that his decades on Wall Street will leave SSA with a cheerleader for risky schemes like allowing investment firms and crypto corporations to gamble with the trust funds and benefits that Americans paid for and earned through a lifetime of work," Fiesta added.
Bisignano was previously an executive at Shearson Lehman Brothers and also held positions at JPMorgan Chase and Citigroup. During his tenure at the firm First Data Corp., he was listed as the second-highest paid CEO in the U.S. in 2017, per The New York Times. Bisignano is currently the president and CEO of Fiserv (which merged with First Data Corp. in 2019), a payments and financial technology firm.
"Frank is a business leader, with a tremendous track record of transforming large corporations. He will be responsible to deliver on the Agency's commitment to the American People for generations to come!" Trump wrote on Truth Social earlier this week.
If confirmed, Bisignano would oversee an agency with more than 1,200 field offices and almost 60,000 employees, according to the Times, and his nomination comes at a time when money in Social Security's trust funds, a reserve that is used to make sure recipients get their full payment, could be entirely depleted by 2035.
Meanwhile, Republican lawmakers on Thursday signaled a willingness to target Social Security and other mandatory programs after meeting with Elon Musk and Vivek Ramaswamy, the duo that President-elect Donald Trump has tapped to lead a new commission tasked with slashing federal spending and regulations.
In reaction to Bisignano's nomination, Wisconsin state Sen. Chris Larson (D-7) quipped on X: "Why leave a $28 million/yr gig to work in government? My prediction: to cut Social Security."
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