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Buried deep in a bill outlining Republican tax cuts for the wealthy is language pulled from speech-chilling 2024 legislation that was dubbed the ‘Nonprofit Killer’
On Wednesday morning, the House Ways and Means Committee voted along party lines to approve budget-reconciliation legislation that revives language from a shelved 2024 bill giving the White House dangerous powers to crush dissenting voices in America’s nonprofit sector.
H.R. 9495, which failed to pass in the previous Congress, would have granted the executive branch broad and easily abused powers to revoke the tax-exempt status of a nonprofit by merely claiming that it is a “terrorist supporting organization.” Though the House passed the legislation in November 2024 with a narrow majority, mounting public opposition turned many legislators against it. As a result, the Senate didn’t bring the bill to the floor before Congress’ term expired.
H.R. 9495’s draconian language was buried on page 380 of the pre-marked-up bill. If it passes Congress, the reconciliation measure would grant the U.S. Secretary of Treasury the ability to accuse any nonprofit of supporting terrorism — and to terminate its tax-exempt status without due process.
Free Press Action Advocacy Director Jenna Ruddock said:
“Like zombies returning from the dead, House Republicans’ reconciliation bills revive some of the most horrifying ideas of past Congresses. Today, the legislation formerly known as H.R. 9495 has returned to wreak havoc against dissenting voices across the country’s nonprofit sector. Like too many other overbroad and easily abused powers, this measure would undoubtedly be weaponized by a White House with a track record of attacks against any speech that displeases our authoritarian president.
“If it were signed into law, the legislation would allow this or any other administration to accuse any nonprofit it dislikes of supporting terrorism — putting the burden on the organization to prove otherwise, or risk losing its tax-exempt status. The bill would have a widespread chilling effect not only on nonprofit groups but on the millions of people across the United States who rely on these organizations to help them access crucial services and engage in the political process.
“The bill has dangerously broad statutory language that would allow the Trump administration to interpret its authority in any number of harmful ways. Every member of Congress must oppose handing such sweeping powers to an increasingly dictatorial executive. When H.R. 9495 came before Congress last year, tens of thousands of people picked up their phones or signed petitions to express deep concerns about this profoundly anti-democratic measure. People must again reach out to their elected representatives and senators and call out the massive potential for abuse before it’s too late.
“This measure’s real intent lurks behind its hyperbolic and unsubstantiated anti-terrorist rhetoric: It would allow the Treasury Department to explicitly target, harass and investigate thousands of U.S. organizations that make up civil society, including nonprofit newsrooms. The bill’s language lacks any meaningful safeguards against abuse. Instead it puts the burden of proof on organizations rather than on the government. It’s not hard to imagine how the Trump administration would use it to exact revenge on groups that have raised questions about or simply angered the president and other officials in his orbit.
“Chilling free speech doesn’t keep Americans safe. Instead it gives an authoritarian regime another tool to violate the rights that form the foundation of a healthy democracy.”
Free Press was created to give people a voice in the crucial decisions that shape our media. We believe that positive social change, racial justice and meaningful engagement in public life require equitable access to technology, diverse and independent ownership of media platforms, and journalism that holds leaders accountable and tells people what's actually happening in their communities.
(202) 265-1490“Every antitrust case in front of the Trump Justice Department now reeks of double-dealing," said Democratic Sen. Elizabeth Warren.
US Sen. Elizabeth Warren on Thursday raised alarm over what she described as the highly suspicious circumstances surrounding Gail Slater's ouster as the Trump administration's top antitrust official, a move that was cheered by Wall Street investors and lobbyists working to shield corporate monopolists.
"It looks like corruption," Warren (D-Mass.) said in a statement after Slater announced her departure on Thursday following a behind-the-scenes power struggle with pro-corporate Trump officials. "A small army of MAGA-aligned lawyers and lobbyists have been trying to sell off merger approvals that will increase prices and harm innovation to the highest bidder."
“Every antitrust case in front of the Trump Justice Department now reeks of double-dealing," the senator added, noting that Live Nation—the owner of Ticketmaster—saw its stock price surge following news of Slater's removal.
“Americans’ top concern is affordability, but one of Trump’s few bipartisan-supported nominees—the top law enforcement official responsible for stopping illegal monopolies and protecting American consumers—was just ousted," said Warren. "Congress has a responsibility to unearth exactly what happened and hold the Trump administration accountable.”
In recent weeks, Live Nation has been in talks with top Justice Department officials to avoid an antitrust trial that's supposed to begin next month. The negotiations have reportedly bypassed the DOJ antitrust division previously headed by Slater, who was once viewed as the leader of a supposedly burgeoning "MAGA antitrust movement" but was abandoned by her top ally within the Trump administration, Vice President JD Vance, and forced out.
Influence peddlers reportedly on Live Nation's payroll include Mike Davis—who welcomed Slater's departure in a post on social media—and Kellyanne Conway, a former adviser to President Donald Trump. The American Prospect noted that Davis "reportedly earned a $1 million 'success fee' for getting DOJ to drop its challenge to the $14 billion Hewlett Packard Enterprise-Juniper Networks merger," a settlement in which Attorney General Pam Bondi's chief of staff overruled Slater.
"Davis also earned at least $1 million by persuading the Justice Department to allow a merger between Compass and Anywhere Real Estate, the two largest real estate brokerages by volume in 2024, despite objections from antitrust division attorneys," according to the Prospect.
One of Slater's deputies who was fired from the antitrust division last year later alleged that lobbyists are effectively dictating antitrust policy at the DOJ under Bondi's leadership.
Sen. Amy Klobuchar (D-Minn.), the former chair of the Senate Subcommittee on Competition Policy, Antitrust, and Consumer Rights, said Thursday that Slater's removal represents "a major loss for bipartisan antitrust enforcement."
"She received significant bipartisan support in the Senate and has continued important cases brought by administrations of both parties, including winning a landmark monopolization case against Google and preparing the vital case to break up Live Nation-Ticketmaster for trial next month,” said Klobuchar. “Her departure raises significant concerns about this administration’s commitment to enforcing the antitrust laws for the betterment of consumers and small businesses, including seeing through its cases against monopolies.”
One senior DHS official said the program "is just the first step in breaching people’s privacy settings in ways that they are not even aware of.”
US Department of Homeland Security agents are increasingly infiltrating social media platforms to monitor users, collect intelligence, and target people, according to new reporting based on leaked documents.
Ken Klippenstein exposed the open source monitoring program, which DHS calls "masked engagement," with new reporting Thursday that details how agents "assume false identities and interact with users—friending them, joining closed groups, and gaining access to otherwise private postings, photographs, friend lists, and more."
"A senior [DHS] official tells me that over 6,500 field agents and intelligence operatives can use the new tool, a significant increase explicitly linked to more intense monitoring of American citizens," Klippenstein wrote.
The so-called "masked engagement" by DHS operatives online comes as actual masked federal agents are engaged in the Trump administration's deadly deployments in communities nationwide.
Important to note that "Authorized" here means that DHS/ICE have given *Themselves* permission to do this "masked engagement" bullshit, not that either congress or the courts say it's okay.Challenge this everywhere & every way possible, & in the meantime, keep ourselves & each other safe as we can
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— Dr. Damien P. Williams can't think of a fun display name right n (@wolvendamien.bsky.social) February 12, 2026 at 4:46 PM
Masked engagement adds a new level to DHS' open source intelligence (OSINT) collection regime, which previously consisted of overt engagement, overt research, overt monitoring, masked monitoring, and undercover engagement. Masked engagement, in which agents conceal their government affiliation without assuming a false identity while interacting with a target, is a step below undercover engagement, in which DHS operatives use false identities and cover stories.
According to Klippenstein:
Masked monitoring allows officers at agencies like [Immigration and Customs Enforcement] and Border Patrol to use alias accounts to passively observe public online activity. Crucially, this level of monitoring bars DHS representatives from interacting with other users directly. Under masked monitoring, officers are not allowed to ask an admin for entry into a private group or to “friend” a target to see non-public posts.
But with masked engagement (separate from masked monitoring), that firewall has now been dismantled. The only restriction imposed on masked engagement is that DHS officers [note] the threshold of “substantive engagement”—a term the rules leave conveniently ill-defined.
"By labeling this a 'middle ground' between monitoring and full-blown undercover work, the DHS allows agents to infiltrate private digital spaces without the rigorous internal approvals and legal checks required for a formal undercover 'sting,'" Klippenstein explained.
Sources told Klippenstein that DHS has been using masked engagement tactics to infiltrate pro-Palestine groups in the United States and to compile databases of suspected Mexican and Mexican American transnational criminals.
“Open source monitoring has become so ubiquitous that we even have databases of identities used by the department to track our own online engagements,” the senior DHS official said.
“Yes, we have safeguards against violating people’s privacy, but masked engagement is just the first step in breaching people’s privacy settings in ways that they are not even aware of," they added.
Rachel Levinson-Waldman, director of the Brennan Center for Justice's Liberty and National Security Program, told Klippenstein that “CBP’s expansion into what they’re calling ‘masked engagement’ is cause for real concern."
“This new capability is being shoehorned in one step below undercover engagement (which already allows for a lot of overreach), it appears CBP believes that friending someone, following them, or joining a group is not as invasive as directly engaging or interacting with individuals," she continued.
“In addition, doing so through an alias account—an account that doesn’t reveal the user’s CBP affiliation, and pretends to be someone else—will weaken trust in government and weaken the trust that is critical to building community both online and off,” Levinson-Waldman added.
A DHS spokesperson told Klippenstein that the agency "has utilized its congressionally directed undercover authorities to root out child molesters and predators for years."
“We will continue using every tool at our disposal to protect the American people as our agents and officers Make America Safe Again," they added.
Those tools include an error-plagued mobile facial recognition application, mass phone surveillance technology, data broker platforms that allow operatives to circumvent warrant requirements, forensic extraction to bypass phone locks, artificial intelligence and predictive analytics, and more.
Civil liberties groups, digital rights advocates, and some Democratic lawmakers are pushing back.
Last week, Sens. Ed Markey (D-Mass.), Jeff Merkley (D-Ore.), Ron Wyden (D-Ore.), and Rep. Pramila Jayapal (D-Wash.) introduced the ICE Out of Our Faces Act, legislation that would ban ICE and Customs and Border Protection "from acquiring and using facial recognition technology and other biometric identification systems."
The bill would "also require the deletion of all data collected for use in or by biometric identification systems and allow individuals and state attorneys general to seek civil penalties for violations."
"President Trump has given up on caring about protecting working class Americans and has given the keys to our economy to billionaire scammers."
Alarms are being raised amid reports that President Donald Trump is stacking a key regulatory committee with CEOs of online prediction markets, cryptocurrency firms, and sports betting apps.
As reported on Thursday by the right-wing Daily Wire, the Commodity Futures Trading Commission (CFTC) is launching a new initiative called the Innovation Advisory Committee, which CFTC Chairman Michael Selig said would be tasked with ensuring "the CFTC’s decisions reflect market realities so the agency can future-proof its markets and develop clear rules of the road for the Golden Age of American Financial Markets."
Among the members of the committee are Tarek Mansour, CEO of online betting market Kalshi; Brian Armstrong, CEO of cryptocurrency hub Coinbase; Christian Genetski, president of the FanDuel sports betting app; and Matt Kalish, president of sports betting app DraftKings North America.
Emily Peterson-Cassin, education fund policy director at Demand Progress, said the committee's composition has deeply concerning implications for the future of the US economy.
"The corruption couldn’t be more obvious," said Peterson-Cassin. "It’s hard to see the CTFC succeeding at its mission to prevent a repeat of the 2008 financial crisis when it is influenced from the inside by a rogues’ gallery of billionaire CEOs responsible for monetizing and gamifying virtually every aspect of everyday life."
Peterson-Cassin added that the latest move shows that "President Trump has given up on caring about protecting working class Americans and has given the keys to our economy to billionaire scammers.”
The creation of the Innovation Advisory Committee wasn't the only news made by CFTC this week, as Barron's reported on Monday that the commission's enforcement division based in Chicago has now been completely gutted, as its entire litigation team has either resigned or been laid off.
One laid-off former CFTC attorney told Barron's that the gutting of the office will make it much easier for financial scammers to rip off Americans.
"If I was a different person I would launch a crypto scam right now," said the attorney, "because there’s no cops on the beat."