June, 02 2020, 12:00am EDT
![National Lawyers Guild (NLG)](https://assets.rbl.ms/32012666/origin.jpg)
NLG Statement on the President's Unlawful Declaration of Antifa as a Domestic Terrorist Organization
In the long history of protest, governments have often sought to discredit political activists who challenge the status quo. President Donald Trump's recent declaration, that "Antifa"--shorthand for "anti-fascist"--is a domestic terrorist organization, is no departure from this tradition.
WASHINGTON
In the long history of protest, governments have often sought to discredit political activists who challenge the status quo. President Donald Trump's recent declaration, that "Antifa"--shorthand for "anti-fascist"--is a domestic terrorist organization, is no departure from this tradition. As protests continue to erupt around the country in response to the murder of George Floyd by a Minneapolis Police officer on May 25, people of all classes, races, genders, and political orientations are expressing outrage and grief in the streets and on social media. The demonstrators have been repeatedly and violently attacked by heavily militarized police departments using an array of tactics--including chemical weapons during a global pandemic--against people in the streets. In an effort to shift blame away from legitimate calls for racial justice and the violent police response to protests, the President is using his bully pulpit to obscure the fact that these demonstrations are supported by a broad majority of Americans.
The term Antifa originates in the 1930s when progressive activists organized to oppose far-right authoritarianism emerging throughout the world. In recent history, some have re-adopted the phrase as a political orientation opposed to the re-emergent ultranationalism in the US and throughout Europe and Latin America. Contrary to the suggestions of Trump and many of the right-wing politicians who support his presidency, Antifa has no leaders and it is not a formal organization, although activists who identify with the term often favor direct action instead of policy reform, as well as autonomous mutual aid. It is not clear who or what the targets of a federal Antifa investigation would be, and whether such an effort would be lawful.
"When police continue to murder Black people with impunity and when calls for systemic change to policing and structural racism are ignored, popular unrest is inevitable," said National Lawyers Guild legal worker Kris Hermes. "Federal investigations and the targeting of antifa will unfortunately result in increased surveillance and repression, and must be resisted."
While the Department of Justice (DOJ) can indict people on federal terrorism charges, no clear legal authority exists for the President to designate Antifa a "domestic terrorist organization." Nevertheless, Attorney General William Barr quickly followed Trump's declaration with an official statement announcing that the DOJ would use its existing network of 56 FBI Joint Terrorism Task Force (JTTF) offices to investigate Antifa. DOJ investigations will only serve to harass protesters and provide the state with additional means to prosecute political activists. The Trump administration's threats are nothing more than political theater and an attempt to sow division and intimidate those who exercise their right to fight injustice.
"Trump's declaration that Antifa is a domestic terrorist organization has no basis in fact or law and is merely an attempt to criminalize ordinary people who are exercising their right to protest," said NLG Mass Defense Director Tyler Crawford, "The NLG condemns any such attempts by the government to interfere with the right of the people to have their voices heard in demanding justice for George Floyd and an end to racist police violence."
The NLG will continue to oppose any attempts to exploit this crisis to repress political activism and social justice movements working to end to white supremacy. The Trump administration continues to ignore the ongoing injustice wrought on Black communities by institutional racism, including police brutality, in favor of seeking to physically or politically punish those who are part of anti-racist and anti-fascist movements. The NLG will continue to provide legal support to activists as they take to the streets to call for justice for George Floyd, from Minneapolis to Washington, D.C. and many other cities.
Related Links & Resources:
- NLG Know Your Rights Guides
- Directory of NLG Chapters
- NLG Mass Defense Program
- Movement for Black Lives
- Law for Black Lives
- Directory of US bail funds by the National Bail Fund Network
- Black Lives Matter petition to #DefundThePolice
- 6/1/20: NLG Condemns Violent Police Response to Black Lives Matter Protests Nationwide
- 5/28/20: NLG in Solidarity with Minneapolis Following Police Killing of George Floyd
The National Lawyers Guild (NLG) works to promote human rights and the rights of ecosystems over property interests. It was founded in 1937 as the first national, racially-integrated bar association in the U.S.
(212) 679-5100LATEST NEWS
Sanders Pushes Harris to Pursue Agenda That 'Speaks to the Needs of the Working Class'
"The issue that concerns me is that for too long, Democrats have kind of turned their backs on the pain that millions of working-class people," said Sen. Bernie Sanders.
Jul 23, 2024
As labor unions, advocacy groups, and progressive lawmakers rallied around Vice President Kamala Harris on Monday, Sen. Bernie Sanders held off on formally endorsing her for the 2024 Democratic nomination, saying he wants to ensure she will pursue an ambitious agenda that prioritizes the needs of the country's working class.
In an appearance on CBS News, Sanders (I-Vt.) said he believes Harris will defeat Republican nominee Donald Trump in November if she is "prepared to campaign around an agenda that speaks to the needs of the working class of this country."
"The issue that concerns me is that for too long, Democrats have kind of turned their backs on the pain that millions of working-class people, people who are elderly, children, lower-income people are experiencing," Sanders told CBS' Robert Costa, who reported late Monday that the Vermont senator spoke with Harris on the phone after President Joe Biden exited the 2024 race and endorsed her.
Sanders, who competed against both Harris and Biden in the 2020 Democratic primary, said in Monday's interview that he wants Harris to make clear that "it is not acceptable that 60% of our people are living paycheck to paycheck while the billionaire class has never, ever had it so good."
"It's not acceptable," Sanders continued, "that we've got millions of seniors who can't afford dental care, hearing aids, eyeglasses, that we have the highest rate of childhood poverty of almost any major country on Earth, and almost all of the new wealth and income is going to the people on top."
Senator Bernie Sanders told CBS News' @costareports that he believed Vice President Harris would be the Democratic nominee, but stopped short of endorsing her.
"If she is prepared to campaign around an agenda that speaks to the needs of the working class of this country, she… pic.twitter.com/3YnqClYFxR
— CBS News (@CBSNews) July 23, 2024
In a separate interview Monday with CNN's Anderson Cooper, Sanders said he is "sure" he will ultimately endorse Harris for the Democratic nomination but stressed that he wants to see her put forth an agenda "that speaks to the long-neglected needs of working families," specifically calling for a permanent expansion of the child tax credit and an increase in the stagnant federal minimum wage.
"I just want to make sure that her campaign understands that for too many people in this country, when they look at Washington, D.C., they feel ignored. They feel insulted that people are not understanding what is going on in their lives," said Sanders. "Life expectancy for working-class people is 10 years shorter than it is for the rich. And working-class people want a government that represents them and not corporate America."
Sanders' interviews came shortly before Harris secured the backing of enough Democratic delegates to win the party's presidential nomination, less than two days after Biden dropped out of the race. The Democratic National Committee's rules panel is set to meet Wednesday to schedule a date for a virtual roll call vote that would cement Harris' spot at the top of the party's ticket before the convention in Chicago next month.
"This election will present a clear choice between two different visions," Harris said in a statement late Monday. "Donald Trump wants to take our country back to a time before many of us had full freedoms and equal rights. I believe in a future that strengthens our democracy, protects reproductive freedom, and ensures every person has the opportunity to not just get by, but to get ahead."
While Harris rapidly clinched the support of the Democratic establishment and congressional progressives, some have voiced concerns about her corporate ties and record as a U.S. senator and California's attorney general.
As Fortunereported Monday:
Harris has extensive ties to the tech industry—unsurprisingly for someone who was a San Francisco prosecutor as well as a California attorney general and senator. She was at the wedding of early Facebook executive Sean Parker and is close to the likes of LinkedIn cofounder Reid Hoffman, billionaire Laurene Powell Jobs, and venture capitalist John Doerr. 'We're family,' she told Google employees in 2010 when successfully campaigning for the AG role.
According toThe Washington Post, Harris recently brought in attorney Karen Dunn as an adviser. Dunn "sits at the nexus of the Democratic establishment and Big Tech," as The American Prospectput it, having represented corporate behemoths such as Google and Uber.
The Post noted Monday that "Tony West, Harris' brother-in-law who is the chief legal officer at Uber, traveled with the vice president on Monday to Delaware and has been assisting" in the shift to a presidential run.
Lee Hepner, an antitrust lawyer and senior legal counsel for the American Economic Liberties Project, wrote Monday that "it's incredibly important that Senator Sanders and others keep pushing this campaign to reflect the needs of working Americans, not corporate America."
"I'm more optimistic than not that Harris will adopt a big tent approach to her campaign," Hepner added, "but folks who think that just happens, or that others aren't pushing really hard against a coalition-based approach, are mistaken. Politics is about pressure, leverage, and influence."
Sanders wasn't among the lawmakers who urged Biden to drop out of the 2024 race. The Postobserved Tuesday morning that "as Biden bled support after his disastrous debate in late June, Sanders was able to extract a new campaign message from Biden" that "included many of Sanders' priorities, including medical debt forgiveness, expansion of Medicare for hearing and dental, and an expansion of Social Security benefits."
"He's looking for a similar commitment from Harris," the newspaper added.
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Sonya Massey, Shot by Police in Illinois, 'Should Be Alive Today'
"This video is sickening," the Illinois Legislative Black Caucus Senate chair said of the newly released body camera footage. "Justice demands answers and accountability."
Jul 22, 2024
Campaigners and political leaders across the United States responded with outrage and fresh calls for justice after the Monday release of body camera footage from the deadly police shooting of Sonya Massey, an unarmed 36-year-old Black woman from Springfield, Illinois.
"Sonya Massey, a beloved mother, friend, daughter, and young Black woman, should be alive today," U.S. President Joe Biden said in a statement. "Sonya's death at the hands of a responding officer reminds us that all too often Black Americans face fears for their safety in ways many of the rest of us do not."
"Sonya's family deserves justice," added Biden, who on Sunday exited this year's presidential race and endorsed his vice president, Kamala Harris, for the Democratic nomination. "Congress must pass the George Floyd Justice in Policing Act now. Our fundamental commitment to justice is at stake."
Massey called 911 just before 1:00 am CT on July 6 to report a "prowler" near her Springfield home,
according toWCIA and the Illinois State Police (ISP), which conducted an investigation after being contacted by Sangamon County Sheriff Jack Campbell.
Two deputies from the Sangamon County Sheriff's Office were dispatched in response to Massey's call. ISP posted a total of over 34 minutes of bodycam footage from both deputies on YouTube. The video shows a deputy shooting Massey, who had been holding a pot of water they asked her to take off the stove. Before releasing the footage, authorities blurred her body.
The bodycam footage can be viewed here on the ISP YouTube page.
Black Lives Matter Springfield warned in a Sunday statement that "the footage will be distressing. It will be infuriating, heartbreaking, and may trigger trauma responses. It may also spur hateful comments or actions online or elsewhere by those who do not share our outrage about this senseless murder."
The group encouraged the Black community "to take care of themselves during this time" and said that it "will continue to stand for justice through peaceful protest and community action for Sonya Massey and all the Black women and men who have been murdered by police before her."
Sangamon County State's Attorney John Milhiser announced last week that one deputy, 30-year-old Sean Grayson, was charged with three counts of first-degree murder, aggravated battery with a firearm, and official misconduct. Campbell said that Grayson has been fired and "our office will continue to cooperate fully with the criminal proceedings as this case moves forward."
Grayson, who is white, "has pleaded not guilty" and "is being held in the Sangamon County Jail without bond," The Associated Pressreported. "If convicted, he faces prison sentences of 45 years to life for murder, six to 30 years for battery and two to five years for misconduct. His lawyer, Daniel Fultz, declined comment on Monday."
The other deputy who was on the scene has not been publicly identified.
During a Monday press conference, attorney Ben Crump said the bodycam footage would "shock the conscience of America like the pictures of Emmett Till after he was lynched" and Massey's father, James Wilburn, called for passing the George Floyd Justice in Policing Act—which includes various policies intended to reduce law enforcement misconduct and increase accountability.
Advocates have been sharing updates and expressing condolences on social media with the hashtag #StandWithSonya.
"Color of Change mourns Sonya Massey and we send our heartfelt condolences to the Massey family," said Kyle Bibby, the group's interim chief of campaigns and programs, in a Monday statement. "The video released today is gut-wrenching and once again shows that Black people in this country cannot escape police violence, even in their own homes. It is also a stark reminder of the urgent need to address police brutality and misconduct."
"The actions of Sean Grayson are disgraceful and inhumane, and reflect a blatant disregard for the safety and well-being of the community. His actions are an alarming reminder of how police so often disregard Black lives," Bibby continued. "It is crucial that the authorities take swift and decisive action in holding those responsible for Sonya Massey's death accountable, and work towards rebuilding trust and ensuring the safety and dignity of all individuals in our communities."
"Today, we weep for Sonya Massey and ask, How much more suffering is necessary before we see real change?" he added. "As we enter election season, our community members should ensure their voices are heard so they can demand reforms that increase police accountability and prevent violence like that perpetrated against Sonya Massey from ever happening again."
Since Grayson was charged, political leaders across the state have commented on the case. In a Wednesday statement that remains pinned to the top of Illinois Gov. JB Pritzker's profile on X, formerly Twitter, the Democrat welcomed the charges and called for building "a system of justice in this country that truly protects all of its citizens."
"My heart breaks for Sonya's children, for her family and friends, and for all who knew and loved her, and I am enraged that another innocent Black woman had her life taken from her at the hands of a police officer," Pritzker also said.
The comments kept mounting after the release of the video. U.S. Sen. Dick Durbin (D-Ill.) said Monday that "the body camera footage released today is disturbing and unconscionable. My thoughts continue to be with Sonya Massey's children, family, and loved ones as they relive these horrible moments."
Some who weighed in highlighted aspects of Illinois state law, including bodycam requirements and rules for investigations.
"The body camera footage is horrific, and I offer my deepest sympathy to Sonya Massey's family as they relive a moment no family should experience," said Illinois Attorney General Kwame Raoul. "As the community reacts to the release of the footage, I urge calm as this matter works its way through the criminal justice system."
"In Illinois we have made sure that the law mandates independent investigations after officer-involved shootings," he added. "In this matter it appears that the investigation by the Illinois State Police and the subsequent referral to the Sangamon County state's attorney's office have complied with the letter and spirit of the law by providing the appropriate transparency and moving toward accountability."
State Sen. Robert Peters, Senate chair of the Illinois Legislative Black Caucus, said Monday that "this video is sickening. It is despicable and disgusting to see such brutal violence toward an innocent Black woman. How did this person ever become a law enforcement officer?"
"This is why we fought for increased transparency. This is why we fought for body camera requirements. This is why we fought to end cash bail to keep dangerous people detained," he continued. "But arresting and detaining the perpetrator isn't the end. Justice demands answers and accountability."
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Senate Permitting Reform Bill Slammed as 'Biggest Giveaway' to Fossil Fuel Industry
"We urge Congress to put forward real solutions to build a clean energy economy, and not pair those reforms with more attempts to pad the pockets of fossil fuel executives," said one campaigner.
Jul 22, 2024
Green groups on Monday blasted the introduction of an energy permitting reform bill in the U.S. Senate, warning the proposal is a massive gift to the fossil fuel industry that will reduce public input on critical decisions and exacerbate the climate emergency.
U.S. Sens. Joe Manchin (I-W.Va.) and John Barrasso (R-Wyo.)—respectively the chair and ranking member of the Senate Energy and Natural Resources Committee—released the
Energy Permitting Reform Act of 2024, which the panel said "will strengthen American energy security by accelerating the permitting process for critical energy and mineral projects of all types in the United States."
Among other reforms, the bill "accelerates leasing and permitting decisions for all types of energy projects on federal lands" and requires the interior secretary to "hold at least one offshore wind lease sale and one offshore oil and gas lease sale per year" from 2025-29.
Manchin, a former right-wing Democrat with deep family ties to the coal industry, has been trying—and failing—to pass fossil fuel-friendly permitting reform legislation for years.
"This Frankenstein legislation is nothing less than the biggest giveaway in decades to the fossil fuel industry," said Brett Hartl, the government affairs director at the Center for Biological Diversity. "The insignificant crumbs thrown at renewable energy do nothing to address the climate crisis, but instead would make it game over for a livable planet."
Sierra Club Beyond Fossil Fuels policy director Mahyar Sorour said in a statement that "those who promote this kind of so-called 'permitting reform' claim that it's necessary to accelerate the deployment of clean energy, but in truth this is nothing more than yet another attempt by fossil fuel industry boosters to give handouts for polluters at the expense of our communities and the climate."
"We urge Congress to put forward real solutions to build a clean energy economy, and not pair those reforms with more attempts to pad the pockets of fossil fuel executives under the guise of reducing emissions," Sorour added.
There is widespread agreement that energy permitting reform is sorely needed. However, climate campaigners argue that reform efforts must not perpetuate or expand the use of planet-heating fossil fuels. Some advocates say the answer lies in legislation like the A. Donald McEachin Environmental Justice for All Act.
The bill—which is named after the late Democratic Virginia congressman—was introduced last year by Sens. Tammy Duckworth (D-Ill.) and Cory Booker (D-N.J.) in the Senate and Reps. RaĂºl Grijalva (D-Ariz.) and Barbara Lee (Calif.) in the House. The legislation aims to ensure timely and meaningful public notification for all new energy projects and adequate community review. It would require federal agencies to weigh the environmental justice impacts of proposed projects during the permitting process.
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