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Members of Congress today introduced legislation that would halt federal use of and funding for face recognition surveillance technologies. The bill, Facial Recognition and Biometric Technology Moratorium Act of 2020, comes after the American Civil Liberties Union of Michigan filed a complaint against Detroit police for wrongfully arresting Robert Williams, a Black man living in Michigan, because of flawed face recognition technology.
"No one should have to fear the government tracking and identifying their face wherever they go. No one should have to go through what the Williams family has gone through," said ACLU Senior Legislative Counsel Neema Singh Guliani. "It's past time Congress halted the use of face recognition and stopped federal money from being used to invest in invasive and discriminatory surveillance. This bill should immediately pass."
In an op-ed published by the Washington Post, Robert Williams wrote: "Why is law enforcement even allowed to use such technology when it obviously doesn't work? I get angry when I hear companies, politicians and police talk about how this technology isn't dangerous or flawed. What's worse is that, before this happened to me, I actually believed them. I thought, what's so terrible if they're not invading our privacy and all they're doing is using this technology to narrow in on a group of suspects?"
Robert Williams was arrested in broad daylight in front of his wife and two little daughters. He was detained for nearly 30 hours because of a false face recognition match.
The ACLU has been leading a nationwide effort to defend privacy rights and civil liberties against the growing threat of face recognition surveillance, and for years has been calling on Congress to immediately stop the law enforcement use of the technology. Just yesterday, as part of a coalition effort led by the ACLU of Massachusetts, Boston passed a resolution banning city use of the technology. Earlier, multiple localities banned law enforcement use of face recognition technology as part of ACLU-led campaigns, including San Francisco, Berkeley, and Oakland, California, as well as Cambridge, Springfield, and Somerville, Massachusetts.
This release is here: https://www.aclu.org/press-releases/aclu-comment-bill-stopping-face-recognition-surveillance.
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.
(212) 549-2666"That this administration would direct USPS to adopt measures to impede voters from casting their ballots is shameful."
A leading civil rights organization on Wednesday accused the US Postal Service of unlawful complicity in President Donald Trump's assault on mail-in voting, which he launched in late March with an alarming executive order that is facing its own legal challenges.
With a new legal motion filed in a federal court in Washington, DC, the NAACP is challenging rules the Postal Service unveiled last week that would require states to notify USPS "of the individuals to whom they are mailing a mail-in or absentee ballot." The rules would also "identify new standards for the envelope design and review for outbound and return ballot envelopes."
The NAACP's filing—which reignites a pandemic-era legal fight—warns that under the proposed rule, "USPS would refuse to transmit mail-in ballots in states that did not use specific envelopes with specific codes, and would refuse to deliver ballots for voters not included on a state-specific Mail-In and Absentee Participation List."
That would violate a previous USPS agreement, reached in 2021, to prioritize "timely delivery of election mail" and run afoul of federal law, the motion argues, calling for a swift injunction to stop the Postal Service from implementing the rules.
“The proposed rule manifests USPS’ intent to disregard its commitment to timely deliver mail-in ballots to all voters,” said Sam Spital, associate director-counsel of the NAACP Legal Defense Fund (LDF). “This all is part of a coordinated effort by this Administration to create chaos and confusion in our elections, which creates particular dangers for Black voters who are already at the greatest risk of suffering discrimination in voting. The attempt to usurp the right of eligible voters to cast mail-in ballots is directly contrary to the legally enforceable agreement the parties reached in this case, and to USPS’ obligations under federal law. We are confident it will be rejected by the courts.”
Allison Zieve, director of Public Citizen Litigation Group—which joined LDF in filing the suit on behalf of the NAACP—said it is "shameful" that the Trump administration would "direct USPS to adopt measures to impede voters from casting their ballots."
"And that USPS would allow itself to be used for political purposes to advance the president’s irrational objection to mail-in voting is disgraceful, unlawful, and contrary to the commitments it made to settle our [2020] litigation," Zieve added.
The proposed USPS rules stem from an executive order that Trump issued on March 31, instructing the agency to obtain from states "a list of voters eligible to vote in a federal election in such state to whom the state intends to provide a mail-in or absentee ballot to be transmitted via the USPS." Trump directed his handpicked postmaster general, David Steiner, to advance "provisions specifying that the USPS shall not transmit mail-in or absentee ballots from any individual" who is not included on state mail-in ballot participation lists.
Last week, a Trump-appointed federal judge in Washington, DC declined to immediately block the president's executive order. But another federal judge in Boston "sharply questioned" Trump's order during a hearing for a similar yet separate legal challenge earlier this week.
Attorneys representing the plaintiffs in the latter case said in a statement after Tuesday's hearing that "the Trump administration is attempting to seize that power for itself with an unlawful and dangerous executive order."
"Together with our courageous clients, we’re seeking a preliminary injunction to stop further chaos in our elections, uphold the rule of law, and protect the millions of citizens who rely on mail-in voting, including people with disabilities, students, rural voters, and the elderly," the attorneys said. "We won't let the Trump administration continue to trample on the fundamental right to vote.”
"If the administration and its allies in Congress are truly walking away from the $1.8 billion criminal enrichment fund, they should have no problem joining us in banning it outright," the Maryland Democrat said.
Though acting US Attorney General Todd Blanche has said President Donald Trump’s $1.8 billion “weaponization” slush fund is now “dead,” Democratic Rep. Jamie Raskin on Thursday unveiled draft legislation that would eliminate what he describes as a “super pardon” buried in the Department of Justice settlement reached last month.
While Blanche—whom Trump said he plans to nominate for a full term as attorney general—has backed off the fund that would allow the DOJ to disburse taxpayer money to Trump allies and January 6 insurrectionists amid bipartisan backlash, a news release from Raskin’s (D-Md.) office on Thursday said the acting AG has done nothing to rescind “the mother of all sweetheart deals he tucked into his unprecedented settlement with Trump.”
The settlement, created in exchange for Trump dropping a $10 billion lawsuit against the Internal Revenue Service (IRS) for improperly leaking his tax returns, gives Trump, his entire family, and all their business ventures total and permanent immunity for “any matters currently pending or that could be pending” not only before the IRS, which Trump sued in the case that led to the settlement, but also before “other agencies or departments.”
The Maryland Democrat also said that despite retreating on the "weaponization" fund, the DOJ is still using its Judgment Fund to improperly reward the president's allies.
According to the Washington Post, as of April, the DOJ had already paid $8.5 million to prominent Trump allies who claimed to have been wrongly targeted by the Biden administration, even though no court formally determined that they had been.
“If the administration and its allies in Congress are truly walking away from the $1.8 billion criminal enrichment fund, they should have no problem joining us in banning it outright,” Raskin said. “But no one should be fooled by Trump and Blanche’s tactical pause: Nothing has been dismantled, and nothing has been renounced. Trump’s scheme to raid the Judgment Fund, bankroll political allies using taxpayer cash, and score a sweeping Super Pardon is alive and well and remains a clear and present threat to our constitutional order.”
Raskin, who is the ranking member of the House Judiciary Committee, introduced a new legislative package on Thursday, aiming to destroy the remaining vestiges of the DOJ deal and ensure that future presidents can never use federal settlements to reward themselves.
The Block Lawless Agreements and Nullify Corrupt Handouts and Emoluments (BLANCHE) Act, bars sitting presidents from entering settlements for money damages with the federal government and requires independent judicial oversight of any such agreements, including ones that grant the president "super pardons" like the one granted to Trump by the DOJ.
“My legislative package would end the slush fund, outlaw collusive settlements, and make clear that no president can use taxpayer dollars to cut partisan loyalty reward checks,” Raskin said.
He also introduced the Constitutional Rights Defense Act, which would allow individuals to file suits against the federal government when their rights are violated by agents of the state.
In contrast with the January 6 Capitol riot participants who have been claiming compensation under the fund, Raskin said his bill "ensures that all people who have actually had their constitutional rights violated by the government will have access to justice."
Raskin has previously introduced legislation that would block the use of federal funds to finance the Trump IRS settlement and prohibit payouts to January 6 Capitol riot participants and other Trump allies, including family members.
"Congress must act with urgency to shut down this presidential plunder once and for all,” Raskin said.
"The public’s conception of what has gone wrong goes far deeper than super PACs or White House ballrooms or even slush funds. To them, it is a system that is fundamentally misfiring."
The Brennan Center for Justice on Tuesday published a poll showing that American voters believe the country faces a serious corruption problem, and supermajorities support taking major action to end the role of dark money in US politics.
The poll, which surveyed 2,000 registered voters across the country, found 79% support "a constitutional amendment to restore limits on money in elections." The proposal would essentially overturn the 2010 Citizens United Supreme Court ruling, which opened the door to unlimited corporate spending in US elections.
The poll further found that 85% of Americans support "mandatory disclosure for all federal campaign contributions and spending"; 81% support "the creation of a new federal ethics enforcer"; and 69% support "a constitutional amendment limiting the president’s pardon power."
Support for these anti-corruption measures was widespread across both political parties, with 84% of Democrats and 75% of Republicans backing the amendment granting government the power to regulate and limit campaign spending. The proposed mandatory disclosure law drew even more widespread support, with 88% of Democrats and 85% Republicans registering approval.
The poll found Republican voters far less inclined to support proposals that would specifically limit presidential powers, but even in those instances, a majority of Republicans favored a law limiting presidential pardon powers and a law that would let the US Congress and state governments sue the president for alleged violations of the Constitution's emoluments clause that bars presidents from receiving foreign gifts.
Michael Waldman, president and CEO of the Brennan Center for Justice, wrote that he was struck by Americans' widespread support for the poll's proposed reforms, noting that "it's hard to find a set of proposals with a wider bipartisan appeal."
Waldman also noted that voters see corruption as why the government has become unresponsive to key voter concerns about housing and affordability.
"Policymakers should understand that the public’s conception of what has gone wrong goes far deeper than super PACs or White House ballrooms or even slush funds," he wrote. "To them, it is a system that is fundamentally misfiring. A government that is not performing. And there is a willingness to name names and assign blame."