September, 04 2019, 12:00am EDT

For Immediate Release
Contact:
David Vance, dvance@commoncause.org and Kati Phillips, kphillips@commoncause.org
North Carolina Court Should Release Trove of Gerrymandering Files
Decision to expose Hofeller Files expected next week
WASHINGTON
Yesterday's ruling in North Carolina against partisan gerrymandering is truly a case of a person's words ringing from the grave. Dr. Thomas Hofeller was the chief mapmaker for the Republican-controlled North Carolina legislature. He passed away in late 2018.
Common Cause, with representation from Arnold & Porter, subpoenaed Hofeller's daughter, Stephanie, and received four external hard drives and 18 thumb drives that she had expressed interest in sharing. The files were critical in revealing the schemes that Hofeller was involved in -- from the effort to add a citizenship question to the Census to the North Carolina court's finding that the legislature had engaged in unconstitutional partisan gerrymandering of state legislative districts.
In fact, yesterday's ruling specifically stated the Hofeller files provided direct evidence of his interest in maximizing Republicans' advantage in the 2017 legislative maps.
We know from our national redistricting advocacy that Hofeller orchestrated gerrymandering in multiple states, and we believe that there is additional evidence that needs to come forward about the partisan motives and vote-stealing conducted in other states.
As we embark on the 2020 round of redistricting, it is time for us to reveal the truth and to establish clear standards for fair maps. We must move away from unconstitutional methods that became so popular and precise in the last decade and instead establish independent, citizen-led redistricting commissions.
This Friday, Sept. 6, Common Cause will file a brief with the Wake County Superior Court asking for the Hofeller files to be released. The court order protecting the use of the files expires on Tuesday, Sept. 10, so we believe a decision on the use of the documents in imminent.
We ask that you editorialize in favor of the release of the Hofeller files.
The following Common Cause experts are prepared to discuss Friday's filing and the impact of the ruling to come:
- Kathay Feng, national redistricting director for Common Cause
- Brent Laurenz, director of outreach and special projects for Common Cause North Carolina
To schedule an interview or to receive the filings, please contact Bryan Warner in our North Carolina media office at bwarner@commoncause.org, (919) 836-0027, or Dave Vance in our national communications office at dvance@commoncause.org, (202) 736-5712.
Read more about the Hofeller files here.
Common Cause is a nonpartisan, grassroots organization dedicated to upholding the core values of American democracy. We work to create open, honest, and accountable government that serves the public interest; promote equal rights, opportunity, and representation for all; and empower all people to make their voices heard in the political process.
(202) 833-1200LATEST NEWS
Trump Bid to Block $4.9 Billion With 'Pocket Rescission' Blasted as 'Authoritarianism 101'
"Congress—and only Congress—passes budgets. Because the president's job is to take care the laws are faithfully executed, he must spend the money as directed," said Rep. Jamie Raskin, a constitutional scholar.
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Democracy defenders and members of Congress are condemning US President Donald Trump's effort to use a "pocket rescission" process to block $4.9 billion in foreign aid as authoritarian and illegal.
The Office of Management and Budget (OMB) on Friday shared on social media Trump's letter to House Speaker Mike Johnson (R-La.) about the move. According to a White House fact sheet linked in a subsequent post, much of the money was headed for the US Department of State and the United States Agency for International Development (USAID), which Trump has gutted.
As The Associated Press explained:
The 1974 Impoundment Control Act gives the president the authority to propose canceling funds approved by Congress. Congress can within 45 days vote on pulling back the funds or sustaining them, but by proposing the rescission so close to September 30 the White House argues that the money won’t be spent and the funding lapses.
What was essentially the last pocket rescission occurred in 1977 by Democratic then-President Jimmy Carter, and the Trump administration argues it's a legally permissible tool despite some murkiness as Carter had initially proposed the clawback well ahead of the 45-day deadline.
Shortly after the OMB social media posts, Secretary of State Marco Rubio said that OMB Director Russ Vought was helping shutter USAID, writing on the platform X: "Since January, we've saved the taxpayers tens of billions of dollars. And with a small set of core programs moved over to the State Department, USAID is officially in closeout mode. Russ is now at the helm to oversee the closeout of an agency that long ago went off the rails. Congrats, Russ."
Meanwhile, Rubio's former congressional colleagues and others are sounding the alarm over the administration's effort.
"America is staring down next month's government funding deadline on September 30," said Senate Minority Leader Chuck Schumer (D-N.Y.). "It's clear neither Trump nor congressional Republicans have any plan to avoid a painful and entirely unnecessary shutdown. With Trump's illegal 'pocket rescission': They seem eager to inflict further pain on the American people, raising their healthcare costs, compromising essential services, and further damaging our national security."
Congressman Joaquin Castro (D-Texas) also put pressure on GOP lawmakers, saying that "this is wrong—and illegal. Not only is Trump gutting $5 billion in foreign aid that saves lives and advances America's interests, but he's doing so using an unlawful 'pocket recission' method that undermines Congress' power of the purse. I urge my Republican colleagues to say hell no."
While most Republicans on Capitol Hill have backed Trump's endeavors to claw back funding previously appropriated by Congress, GOP Sens. Susan Collins (Maine) and Lisa Murkowski (Alaska) voted against his $9 billion rescission package earlier this year.
Collins, chair of the Senate Appropriations Committee, also spoke out against Trump's new move, noting in a Friday statement that under the US Constitution, Congress has "the power of the purse," and the Government Accountability Office "has concluded that this type of rescission is unlawful and not permitted by the Impoundment Control Act."
Congressman Jamie Raskin (D-Md.), a constitutional scholar, similarly stressed that "Congress—and only Congress—passes budgets. Because the president's job is to take care the laws are faithfully executed, he must spend the money as directed. Trump's 'pocket recissions' are lawless and absurd. If a president opposes legislative spending decisions, he can veto them, subject to override, but once passed, he must execute on them."
Lisa Gilbert, co-president of the watchdog group Public Citizen, declared in a Friday statement that with the pocket rescission move, the Trump administration "demonstrated yet again its contempt for Congress' power of the purse and the Constitution's separation of powers."
"With this Constitution-mocking action, the administration is bringing us closer to a shutdown on September 30, and it doesn't seem to care," Gilbert said. "We call on Congress to push back, pass and abide by appropriations packages, and fight the administration’s illegal impoundments that harm regular Americans."
"This is not just a constitutional crisis, it's a matter of global justice," she added. "The congressionally appropriated funds that the Trump administration illegally aims to cancel support economic development programs to empower the world's most vulnerable and impoverished, and address some of the ravage of catastrophic climate change in developing nations."
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If the president's policies are struck down, the administration may have to repay billions of dollars in duties, which customs and trade experts warn "would be a logistical nightmare."
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As working-class Americans endure the pain from US President Donald Trump's tariff war, the Republican signaled that he plans to keep fighting for the levies after a loss at the US Court of Appeals for the Federal Circuit.
Trump is the first president to impose tariffs by citing the International Emergency Economic Powers Act (IEEPA) of 1977. In a 7-4 ruling, the appellate court's majority found that most of his tariffs are illegal.
The court said that "tariffs are a core congressional power" and "we discern no clear congressional authorization by IEEPA for tariffs of the magnitude of the reciprocal tariffs and trafficking tariffs."
The decision affirms a May ruling from the US Court of International Trade, which also found that Trump exceeded his authority.
Friday's ruling is paused until October 14, to give the White House time to appeal to the nation's highest court. Trump suggested he would do so in a post on his Truth Social platform, writing:
ALL TARIFFS ARE STILL IN EFFECT! Today a Highly Partisan Appeals Court incorrectly said that our Tariffs should be removed, but they know the United States of America will win in the end. If these Tariffs ever went away, it would be a total disaster for the Country. It would make us financially weak, and we have to be strong. The U.S.A. will no longer tolerate enormous Trade Deficits and unfair Tariffs and Non Tariff Trade Barriers imposed by other Countries, friend or foe, that undermine our Manufacturers, Farmers, and everyone else. If allowed to stand, this Decision would literally destroy the United States of America. At the start of this Labor Day weekend, we should all remember that TARIFFS are the best tool to help our Workers, and support Companies that produce great MADE IN AMERICA products. For many years, Tariffs were allowed to be used against us by our uncaring and unwise Politicians. Now, with the help of the United States Supreme Court, we will use them to the benefit of our Nation, and Make America Rich, Strong, and Powerful Again! Thank you for your attention to this matter.
Politico noted that the Friday decision opens the door "for the administration to potentially have to repay billions worth of duties," and pointed to recent warnings from customs and trade experts "that repayments would be a logistical nightmare, and would likely trigger a wave of legal challenges from other businesses and industry groups seeking reimbursement."
Trump's latest legal loss on the tariff front follows various analyses and polling that show the harm his policies are causing. One Accountable.US report from this month highlights comments from grocery executives about passing costs on to consumers, and a recent survey found that 90% of Americans consider the price of groceries a source of stress.
Democrats on the Joint Economic Committee also released a related report earlier this month. As JEC Ranking Member Maggie Hassan (D-N.H.) said at the time, "While President Trump promised that he would expand our manufacturing sector, this report shows that, instead, the chaos and uncertainty created by his tariffs has placed a burden on American manufacturers that could weigh our country down for years to come."
Another mid-August analysis from the Century Foundation and Groundwork Collaborative details the surging cost of school supplies as American families prepared for the 2025-26 academic year. TCF senior fellow Rachel West said that "from his reckless tariffs to his budget law slashing food assistance and federal student loans, Trump's back-to-school message to America's families is crystal clear: Don't expect help, just expect less."
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The Palestinian presidency said the decision—which comes as more and more nations formally recognize Palestine's statehood—"stands in clear contradiction to international law and the UN Headquarters Agreement."
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The Trump administration said Friday that Secretary of State Marco Rubio "is denying and revoking visas from members of the Palestine Liberation Organization and the Palestinian Authority" ahead of next month's United Nations General Assembly in New York.
The US State Department said Friday that "the Trump administration has been clear: It is in our national security interests to hold the PLO and PA accountable for not complying with their commitments, and for undermining the prospects for peace."
"Before the PLO and PA can be considered partners for peace, they must consistently repudiate terrorism—including the October 7 massacre—and end incitement to terrorism in education, as required by US law and as promised by the PLO," the statement continues.
No US administration in modern times has ever demanded that Israel repudiate its generations-long illegal occupation and settler colonization of Palestine, its ongoing genocide in Gaza, or any other violation of international law or human rights.
"The PA must also end its attempts to bypass negotiations through international lawfare campaigns, including appeals to the [International Criminal Court] and [International Court of Justice], and efforts to secure the unilateral recognition of a conjectural Palestinian state," the State Department added. "Both steps materially contributed to Hamas' refusal to release its hostages, and to the breakdown of the Gaza ceasefire talks."
The ICC last year issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for alleged war crimes and crimes against humanity in Gaza, including murder and the forced starvation of Palestinians that is driving a famine that has killed at least hundreds of Palestinians and is starving hundreds of thousands more. The ICJ is currently weighing a genocide case against Israel filed by South Africa—not the PA.
As for ceasefire talks, Matthew Miller, who served as a State Department spokesperson during the Biden administration, recently admitted that Israel habitually torpedoed ceasefire agreements each time they were nearing a conclusion in what he called a sustained effort to "try and sabotage" a deal. Miller repeatedly stood at his podium and told reporters that Hamas was to blame for thwarting a truce.
Miller added that Netanyahu openly admitted to US officials that he wanted to continue the Gaza war for "decades."
It is not clear which Palestinian officials will have their visas denied or revoked. The office of Palestinian Authority President Mahmoud Abbas said in a statement responding to the US announcement that "this decision stands in clear contradiction to international law and the UN Headquarters Agreement—which effectively shields UN member-state officials from US immigration policies—particularly since the state of Palestine is an observer member of the United Nations."
This isn't the first time the US has blocked Palestinian officials from attending a General Assembly. In 1998, the Regan administration denied then-PLO Chair Yasser Arafat a visa and the General Assembly was convened in Geneva instead of New York. There have already been numerous calls to relocate this year's General Assembly to the Swiss city following the US move.
The US announcement comes as more and more countries formally recognize Palestinian statehood or move to do so amid Israel's genocidal assault, siege, and famine in Gaza, which, combined, have left more than 230,000 Palestinians dead, maimed, or missing and the strip in ruins.
Approximately 150 of the UN's 193 member states have officially recognized Palestine. Since October 2023, countries including Australia, Belgium, Canada, France, Malta, Portugal, Slovenia, the United Kingdom, Ireland, Norway, and Spain have either recognized Palestine or announced their intent to do so.
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