February, 27 2020, 11:00pm EDT
ACLU Challenges New Border Wall Funds Transfer
Multiple Courts Have Ruled Trump’s Transfers of Taxpayer Funds Unlawful
WASHINGTON
The American Civil Liberties Union today filed a new lawsuit challenging the Trump administration's transfer of an additional $3.8 billion in military funds for border wall construction. Congress did not authorize the funds.
"The president is doubling down on his unlawful scheme to raid taxpayer funds for a xenophobic campaign promise that is destroying national treasures, harming the environment, and desecrating tribal lands," said Dror Ladin, staff attorney with the ACLU's National Security Project. "We've stopped him before and are returning to court to stop him again."
The lawsuit was filed on behalf of the Sierra Club and the Southern Border Communities Coalition in the Northern District of California.
The same court last year issued multiple rulings finding that the president's initial transfer of over $6 billion in military funds for the wall was unlawful. The rulings came as part of the ACLU's ongoing lawsuit, Sierra Club v. Trump, challenging the president's abuse of emergency powers to secure border wall funds Congress denied. The administration's appeals of those rulings are currently pending before the Ninth Circuit Court of Appeals, with the most recent appeal scheduled for argument on March 10, 2020.
"Multiple courts have already ruled that President Trump has no authority to take billions from service members for his wall obsession. Not one court has said Trump's power grab is legal," added Ladin.
The Supreme Court temporarily allowed the administration to begin wall construction pending the appeal process, but has not yet decided the case or given the president's abuse of emergency powers the stamp of approval.
As the Sierra Club and SBCC long warned would happen, construction of President Trump's border wall is currently desecrating ancestral and burial lands, destroying protected landscapes, and threatening wildlife.
"The Trump administration's illegal transfer of billions of dollars for wall construction has created a disaster in the borderlands," said Gloria Smith, Managing Attorney at the Sierra Club. "The destruction of cultural sites, Tribal burial grounds, endangered species, protected cacti and water resources shows that Trump will stop at nothing for this wall -- not irreplaceable resources nor the Constitution. Trump wants a blank check for these destructive projects, but it is imperative that the courts continue to halt his egregious abuse of power."
The organizations note in their filing that the Constitution assigns Congress, not the president, the authority to decide how taxpayer funds are to be spent. The president cannot circumvent the system that is enshrined in the Constitution, essential to the democratic process, and critical to ensuring taxpayers have a say in how their hard-earned dollars are spent.
"Trump's obsession with building his dangerous and deadly wall using illegally diverted military funds is a complete disregard for the checks and balances that are integral to our democracy," said Vicki B. Gaubeca, director of the Southern Border Communities Coalition."These irresponsible and dangerous walls don't make us safer, but do harm border communities and wildlife. We must stop Trump's unconstitutional cash grabs and move towards a New Border Vision where human rights are respected and all communities feel safe."
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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Warren Asks the Fed to Reconsider Approval of Capital One-Discover Merger
"This decision will inflict serious harm on consumers and merchants, especially low-income consumers and small businesses," wrote Democratic Sen. Elizabeth Warren and Rep. Maxine Waters.
May 05, 2025
Democratic Sen. Elizabeth Warren of Massachusetts and Democratic Rep. Maxine Waters of California are urging the Federal Reserve to reconsider its approval of an impending merger between Capital One Financial Corporation and Discover Financial Services, a tie-up that critics have warned could harm consumers.
In a letter sent last week, Warren and Waters wrote that the decision to approve the merger by the Federal Reserve "was inconsistent with the legal requirements" under the Bank Holding Company Act. They also argued that it did not include a number of relevant assessments, including how the the merger would impact the "convenience and needs of the community" or the "competitive effects on the credit card market."
"This decision will inflict serious harm on consumers and merchants, especially low-income consumers and small businesses, and threaten the stability of the U.S. financial system," states the letter, which was addressed to Secretary of the Board Ann Misback and dated May 1.
Warren is the ranking member on the U.S. Senate Committee on Banking, Housing, and Urban Affairs and Waters is the ranking member on the U.S. House Committee on Financial Services.
The deal was announced in February 2024 and is valued at $35 billion. A report from the Consumer Financial Protection Bureau (CFPB) released right before the acquisition was announced found that the largest credit card firms charge much higher interest rates than smaller banks and credit unions.
The deal initially received some scrutiny around possible impacts to competition, but in April 2025 overcame a major obstacle when the U.S. Department of Justice (DOJ), now under the Trump administration, decided not to challenge the merger.
The Federal Reserve and the Office of the Comptroller of the Currency gave the deal the green light last month.
In response to the DOJ's decision not to challenge the merger, Morgan Harper, the director of policy and advocacy at the American Economic Liberties Project, wrote that "if the Trump administration green-lights the Capital One-Discover merger, it will be a betrayal of working-class Americans and small businesses." The American Economic Liberties Project is an anti-monopoly research and advocacy group.
"If the deal goes through, Capital One will become the largest credit card lender in the country, the first major issuer in decades to control its own payments network, and entrench its striking dominance in subprime credit card lending," Harper continued.
One noteworthy aspect of the merger, which is expected to be finalized mid-May, is that Capital One is set to acquire Discover's card network. This means the combined firm would be akin to a larger version of American Express, "a stand-alone integrated system that could use its millions of customers to push higher fees onto merchants," according to The American Prospect.
Capitol One currently uses Visa and Mastercard credit card networks, which operate an effective duopoly of global payment processing, but has said it would transition to the Discover card network, according the outlet CNET.
This aspect of the merger is without clear precedent and raises concerns about competition, according to Jesse Van Tol, the chief executive of the National Community Reinvestment Coalition, a group that is opposed to the deal, who spoke to The New York Times in April.
"The market power it gives them, and the opportunity it gives them to set pricing in ways that captures a lot of value for the company at the expense of the consumer, is significant," Van Tol told the Times.
In their letter, Warren and Waters alleged that the Federal Reserve failed to adequately scrutinize the competitive effect of this aspect of the deal.
"The board argued that given 'the significant, larger competitors that would remain,' and that Capital One doesn't currently own a network, there aren't any competitive concerns. The board completely missed the fact that the merger would provide Capital One with significant market power to increase interchange fees charged to merchants and reduce rewards and other benefits for consumers. It didn't grapple with the implications of vertical integration and network effects," the two wrote.
When considering the conveniences and needs of the community, Warren and Waters said in their letter that the Federal Reserve did not perform the prospective analysis required by law, and instead "focused on each bank's past performance under the Community Reinvestment Act (CRA)," even though "the convenience and needs of the community is a distinct legal factor, separate and apart from banks' past performance under the CRA."
The two also said that the Federal Reserve appears to not have taken into consideration relevant findings from the CFPB, the Federal Deposit Insurance Corporation, and the DOJ.
Bloombergreported last week that the Federal Reserve received the letter and plans to response, per a spokesperson.
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Alcatraz Push 'No More Than a Sensational Distraction' From Trump's Attack on Public Safety
Less than two weeks ago, Trump's DOJ slashed nearly $1 billion from existing public safety grants that experts warn will "imperil public safety, not promote it."
May 05, 2025
Add "distraction" to the list of words being used to describe President Donald Trump's "psychotic," "deluded," and "unbefuckinglievable" talk about reopening the island prison of Alcatraz in California's San Francisco Bay.
In a statement to reporters on the White House lawn Sunday night, Trump said the idea for reopening Alcatraz—which he first floated in a social media post—was "just an idea I had" and that the prison was a "symbol of law and order."
But less than two weeks ago, the Trump administration ordered the cancellation of an estimated $811 million in grants for public safety from the Justice Department that experts and advocates say were proving successful at reducing crime and curbing harm in communities nationwide—all with bipartisan support.
"Alcatraz," said civil rights attorney Scott Hechinger in response to Trump's social media post—which sparked no shortage of headlines across the news media—is "no more than a sensational distraction from this: Trump just cut nearly $1 billion from bipartisan, proven, successful anti-crime, violence prevention programs around the country."
The various programs impacted by the grant cuts—including gun violence prevention and law enforcement trainings—said Hechinger, were designed to prevent crime "before people were ever harmed."
Arguing that Trump has made the country less safe, not more, by his policies, Hechinger added, "now he's stomping and parading around with big words and sensational capital letters about a wasteful reopening of a domestic torture complex that will never actually happen and do nothing to keep America safer. All while claiming to care about violence prevention. What a dangerous joke."
Lamenting the public safety grant cuts in a blog post last week, the Brennan Center for Justice's Rosemary Nidiry, senior counsel in the group's justice program, detailed how the grant funding slashed by Trump "filled critical gaps" in the nation's public safety infrastructure.
The grants, she noted, "supported victims of crime, trained law enforcement, offered treatment to people with behavioral health and substance issues, and helped people reintegrate into society after incarceration. They also promoted research used to create and guide effective policies. Many if not all were ended immediately and without warning, in the middle of a typical 3-year grant period, disrupting programs and creating financial strain for nonprofits."
"The slashed programs have been proven to make communities safer," wrote Nidiry, "and their end will in fact imperil public safety, not promote it."
When Alcatraz was closed by the Bureau of Prisons in 1963, the cost of running the crumbling facility was the primary driver of that decision.
As Newsweek reports, "Operating Alcatraz proved to be significantly more expensive than other federal prisons. In 1959, the daily per capita cost at Alcatraz was $10.10, compared with $3.00 at the U.S. Penitentiary in Atlanta, making it nearly three times more costly to operate. This high expense was largely due to the island's isolation, which necessitated that all supplies, including food, water, and fuel, be transported by boat. For instance, nearly one million gallons of fresh water had to be barged to the island each week."
In a letter on Friday, over three dozen Democratic lawmakers called on the Justice Department to reinstate $150 million in grants awarded for gun violence prevention.
"This funding, appropriated by Congress, directly contributes to making communities safer," the lawmakers stated in a letter. "We urge you to honor the grants already awarded and to implement this funding as Congress directed."
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'Mockery' of Humanitarian Law: Israel Wants US Mercenaries for Aid Relief in Gaza
What the Israeli government is planning is "not an aid plan," said one legal scholar, but rather "an aid denial plan."
May 05, 2025
Despite global outcry to end the "genocidal" assault on the people of Gaza, Israeli cabinet ministers early Monday approved a plan that could lead to the capture of the "entire Gaza Strip," prompting fresh warnings of a complete ethnic cleansing of the enclave coupled with outrage over a proposal to use U.S.-based mercenaries to be part of distribution of humanitarian aid.
One Israeli official familiar with the shift in military tactics toldHaaretz that Israel Prime Minister Benjamin Netanyahu made clear to his Security Cabinet that the new approach in Gaza will be different from what's been going over the previous 18 months in that it will shift from what were described as "raid-based operations" to "the occupation of territory and a sustained Israeli presence in Gaza."
Another unnamed Israeli official told Agence France-Press that the plan "will include, among other things, the conquest of the Gaza Strip and the holding of the territories, moving the Gaza population south for their protection."
"It is dangerous, driving civilians into militarized zones to collect rations, threatening lives, including those of humanitarian workers, while further entrenching forced displacement."
To support the occupation plan, the Israeli army, with the approval of the Security Cabinet, will be calling up tens of thousands of reservist soldiers, in the words of the IDF, to "intensify the pressure" on Hamas and "expand and intensify" operations in Gaza.
According to the Associated Press:
The new plan, which the officials said was meant to help Israel achieve its war aims of defeating Hamas and freeing hostages held in Gaza, also would push hundreds of thousands of Palestinians to southern Gaza, what would likely exacerbate an already dire humanitarian crisis.
Since a ceasefire between Israel and Hamas collapsed in mid-March, Israel has unleashed fierce strikes on the territory that have killed hundreds. It has captured swathes of territory and now controls roughly 50% of Gaza. Before the truce ended, Israel halted all humanitarian aid into Gaza, including food, fuel and water, setting off what is believed to the be the worst humanitarian crisis in nearly 19 months of war.
The ban on aid has prompted widespread hunger and shortages have set off looting.
In addition to expanded military operations, the Israelis also presented a new approach to distribution of aid on Sunday that would include the use of private military contractors, also known as mercenaries. By relocating the civilian population to the south and forcing people to travel for food, water, and medicine only to designated "hubs" for relief, humanitarians said the plan violates all principles of human rights and the laws of war.
The Washington Postreports Monday that "American contractors" would be used to carry out the plan, which was presented to officials in the Trump administration on Friday.
According to the Post, "two U.S. security companies are expected to be contracted to handle logistics and provide security along initial distribution corridors and in and around the hubs."
The companies, Safe Reach Solutions and UG Solutions, organized and staffed a vehicle checkpoint along a major north-south road through Gaza during the ceasefire.
SRS, which is to handle planning and logistics, is headed by Phil Reilly, a former CIA senior intelligence officer with extensive overseas service who has held senior positions in other private security companies. SRS is to subcontract on-the-ground security operations to UG Solutions, headed by Jameson Govoni, a former Green Beret whose service from 2004 to 2015 included tours in Iraq and Afghanistan. The security contractors are to be armed and have their own force protection. They will not have detention authority.
In response to the new distribution plan, the coalition of United Nations and NGOs operating in Gaza, known as the Humanitarian Country Team (HCT), which operates within the U.N. Office of Coordination for Humanitarian Affairs (OCHA), issued a harsh rebuke to the Israelis, saying that the proposal "contravenes fundamental humanitarian principles and appears designed to reinforce control over life-sustaining items as a pressure tactic–as part of a military strategy."
"The design of the plan presented to us will mean large parts of Gaza, including the less mobile and most vulnerable people, will continue to go without supplies," said the HCT in its statement. "It is dangerous, driving civilians into militarized zones to collect rations, threatening lives, including those of humanitarian workers, while further entrenching forced displacement."
The group added that both the U.N. Secretary-General and the Emergency Relief Coordinator in Gaza "have made clear that we will not participate in any scheme that does not adhere to the global humanitarian principles of humanity, impartiality, independence and neutrality." Instead of the plan presented by the Israelis, the HCT called for an end to the imposed blockade so that neutral relief agencies could bring in the necessary supplies to the suffering population in Gaza.
Jan Egeland, secretary general of the Norwegian Refugee Council (NRC), which helps distribute aid in Gaza and was presented with the plan, decried the proposal.
"After two months of devastating blockade and starvation of Gaza, Israeli officials demand that we shut down the universal aid distribution system run by the UN and NGOs like NRC," said Egeland. "They want to manipulate and militarize all aid to civilians, forcing us to deliver supplies through hubs designed by the Israeli military, once the government agrees to re-open crossings."
Adil Haque, law professor at Rutgers University and director of Just Security, said what the Israeli government is planning is "not an aid plan," but rather "an aid denial plan"—one that "makes a mockery of international humanitarian law."
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