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President Signs Law Giving Defense Department Authority To Exempt Photos From Freedom Of Information Act (10/29/2009)
WASHINGTON – President Obama today signed into law a Homeland Security appropriations bill that grants the Department of Defense (DOD) the authority to continue suppressing photos of prisoner abuse. The amendment, which would allow the DOD to exempt photos from the Freedom Of Information Act (FOIA), is aimed at photos ordered released by a federal appeals court as part of an American Civil Liberties Union FOIA lawsuit for photos and other records related to detainee abuse in U.S. custody overseas, although it would apply to other photos in government custody as well. Earlier this month, the ACLU sent a letter to Secretary Robert Gates urging him not to exercise the authority to suppress the photos in their case, stating that the photos "are of critical relevance to an ongoing national debate about accountability."
Pivotal Juvenile Justice Legislation Passes First Hurdle (10/29/2009)
WASHINGTON – A bipartisan bill to combat youth violence was passed by the House Subcommittee on Crime today. The bill, H.R. 1064, would fund prevention and intervention programs that are comprehensive, community-centered and evidence-based efforts to combat gangs and youth violence. The Youth Prison, Reduction through Opportunities, Mentoring, Intervention, Support and Education Act, known as “Youth PROMISE,” is sponsored by Representative Robert C. “Bobby” Scott (D-VA) and currently has over 230 cosponsors. The bill is expected to be marked up by the full House Judiciary Committee soon.
President Obama Signs Military Commissions Changes Into Law (10/28/2009)
WASHINGTON – President Obama today signed into law the National Defense Authorization Act (NDAA), which includes significant changes to the Guantánamo military commissions. The American Civil Liberties Union is calling on the Obama administration to abandon the fatally flawed military commissions system and, where evidence of terrorism crimes exists, try the Guantánamo detainees in federal courts.
Congress To Investigate CIA For Possible Violations Of National Security Act (10/28/2009)
WASHINGTON – Members of Congress have begun an investigation into allegations that the CIA intentionally violated the National Security Act of 1947 by misleading them about its intelligence activities and programs on several occasions, including the agency’s use of torture and the destruction of interrogation videotapes. The Act requires the president and his intelligence agencies to keep Congress “fully and currently informed” about all U.S. intelligence activities. House Intelligence Subcommittee on Oversight and Investigations Chairwoman Jan Schakowsky (D-IL) and Subcommittee on Intelligence Community Management Chairwoman Anna Eshoo (D-CA) will investigate the adequacy and truthfulness of the CIA’s congressional briefings, spurred by the allegation earlier this year that Congress was not notified about a Bush administration program to assassinate top al Qaeda members.
Federal Court Will Hear Government Appeal In Rendition Case (10/27/2009)
NEW YORK – A federal appeals court today announced that it will hear the government's appeal of an earlier ruling that allowed an American Civil Liberties Union lawsuit to go forward against a Boeing subsidiary, Jeppesen DataPlan Inc., for its role in the Bush administration's unlawful "extraordinary rendition" program. The government claims that allowing the case to be heard would endanger national security.
ACLU Honors Regina Kelly, Plaintiff In Landmark Civil Rights Case, With Baldwin Medal Of Liberty Award (10/24/2009)
NEW YORK – In a special ceremony on Saturday evening, the American Civil Liberties Union presented the Roger N. Baldwin Medal of Liberty award to Regina Kelly, an African-American single mother of four who, based on an unreliable informant's false information, was arrested in a military-style drug raid for felony cocaine distribution. Refusing to plead guilty, Kelly fought the charges, resulting in a significant change in Texas law whereby cases can no longer be prosecuted based solely on the claims of a single confidential informant.
American Civil Liberties Union Mourns Passing Of Former Executive Director Jack Pemberton (10/23/2009)
NEW YORK – The American Civil Liberties Union mourns the passing of John de J. "Jack" Pemberton. Pemberton served as the national Executive Director of the ACLU from 1962-70, a period marked by the peak of the civil rights struggle and the escalation of the Vietnam War.
Senate-Approved Changes To Guantánamo Military Commissions Don't Fix Fatal Flaws (10/22/2009)
WASHINGTON – The Senate today passed the National Defense Authorization Act, which includes significant changes to the Guantánamo military commissions. The House approved the legislation earlier this month and the bill now moves to President Obama's desk for signature.
On Anniversary Of Treaty Ratification, U.S. Should Ensure Prohibition Of Torture Meets International Standards (10/21/2009)
NEW YORK – Today marks the fifteenth anniversary of the U.S. ratification of the United Nations Convention Against Torture, but U.S. policy continues to fall short of ensuring full compliance with the treaty. For example, an appendix to the Army Field Manual (AFM) can still facilitate cruel treatment of prisoners and detainees at home and abroad, says the American Civil Liberties Union.
Court Rules that Sheriff Joe Arpaio Can No Longer Block Prisoners' Access To Abortion Care (10/20/2009)
PHOENIX – In a case brought by the American Civil Liberties Union, an Arizona court found today that Maricopa County Sheriff Joseph Arpaio can no longer require inmates seeking abortion care to prepay their transportation and security costs before they can obtain an abortion.
ACLU Urges Secretary Gates Not To Block Release Of Torture Photos (10/20/2009)
WASHINGTON – After the Senate today passed a Homeland Security appropriations bill with an amendment that would grant the Department of Defense (DOD) the authority to continue suppressing photos of prisoner abuse, the American Civil Liberties Union sent a letter to Secretary Robert Gates urging him not to exercise the authority to suppress the photos. The amendment, which would allow the DOD to exempt photos from the Freedom Of Information Act (FOIA), is aimed at photos ordered released by a federal appeals court as part of an ACLU FOIA lawsuit for photos and other records related to detainee abuse in U.S. custody overseas, although it would apply to other photos in government custody as well. The bill will now head to President Obama's desk for signature.
Court Rules FBI Can Continue To Silence National Security Letter Recipient (10/20/2009)
NEW YORK – A federal court today ruled that the government can continue to enforce a five-year-old gag order on an Internet service provider (ISP) that the FBI served with a national security letter (NSL) many years ago. The ruling came in a lawsuit brought by the American Civil Liberties Union and the New York Civil Liberties Union on behalf of the ISP. Under a Patriot Act provision, the FBI can use NSLs to demand personal records about innocent customers from ISPs, financial institutions and credit companies without prior judicial approval, and then bar NSL recipients from disclosing anything about the record demand.
ACLU To Monitor Unconstitutional Guantánamo Military Commission Hearings Wednesday (10/20/2009)
NEW YORK – The American Civil Liberties Union will monitor the military commission hearings of Sudanese nationals Ibrahim al-Qosi and Noor Uthman Muhammed at Guantánamo Bay on Wednesday. Since 2004, the ACLU has observed nearly all military commission hearings and called for their end, calling them an affront to the rule of law and a denigration of the American system of justice. For the third time, the Obama administration will ask military judges in Wednesday's cases to postpone the hearings until a final decision is made regarding the future of the military commissions system.
Patriot Act Legislation Introduced In House With Improved Civil Liberties Protections (10/20/2009)
WASHINGTON – Legislation to amend the Patriot Act with improved civil liberties protections was introduced in the House today by Congressmen John Conyers (D-MI), Jerrold Nadler (D-NY) and Robert Scott (D-VA). The original Patriot Act was rushed through Congress days after 9/11 and granted the government broad surveillance powers to spy on innocent Americans. Today’s legislation is meant to address three provisions of the Patriot Act set to expire this year as well as additional provisions that are not set to expire.
ACLU Argues Before Ninth Circuit That Right To Vote Be Restored To Former Felons In Arizona (10/19/2009)
PHOENIX - The American Civil Liberties Union is arguing before the Ninth Circuit Court of Appeals today that the right to vote should be restored to people with felony convictions in Arizona who have served their terms of prison, parole and probation but are disfranchised because they owe money to the state or because they committed certain offenses not commonly considered serious felonies. The ACLU charges that requiring some individuals to bear an undue financial burden before voting is tantamount to a poll tax in violation of the constitutional right to vote and the Fourteenth Amendment's equal protection clause and is asking the court to reverse a lower court's dismissal of the case.
ACLU Lawsuit Challenges Retaliatory Expulsion Of Student Under Unconstitutional Disciplinary Policy (10/19/2009)
OLIVE BRANCH, MS – The American Civil Liberties Union and the ACLU of Mississippi today filed a lawsuit charging DeSoto County, Mississippi school and police officials with retaliation for expelling a ninth grade student who in April filed a federal civil rights lawsuit alleging that county authorities assaulted and racially discriminated against a group of schoolchildren riding home on a school bus.
Court Rules Government Can Continue To Suppress Detainee Statements Describing Torture And Abuse (10/16/2009)
WASHINGTON – A federal court today ruled that the government can continue suppressing transcripts in which former CIA prisoners now held at Guantánamo Bay describe abuse and torture suffered in CIA custody. The ruling came in an ACLU Freedom of Information Act (FOIA) lawsuit to obtain uncensored transcripts from Combatant Status Review Tribunals (CSRTs) used to determine if Guantánamo detainees qualify as "enemy combatants."
House Approves Bill That Would Allow Suppression Of Torture Photos (10/15/2009)
WASHINGTON – The House passed a homeland security appropriations bill today with an amendment that would grant the Department of Defense (DOD) the authority to continue suppressing photos depicting the abuse of prisoners in U.S. custody overseas. The amendment, added by Senator Joseph Lieberman (I-CT), would allow DOD to exempt the photos from the Freedom of Information Act (FOIA). The photos were ordered released by a federal appeals court as part of an American Civil Liberties Union FOIA lawsuit.
Legislation To End Crack Cocaine Sentencing Disparity Introduced In Senate Today (10/15/2009)
WASHINGTON – A bill was introduced today in the Senate that would eliminate the discriminatory disparity between crack and powder cocaine sentencing under federal law. The bill, the Fair Sentencing Act of 2009, was introduced by Senator Richard Durbin (D-IL) and would also eliminate the mandatory five-year sentence for simple possession of crack. A similar bill, H.R. 3245, the Fairness in Cocaine Sentencing Act of 2009, is currently awaiting a vote in the House.
ACLU Urges Department Of Justice To Object To Changes In County Board Elections In Georgia (10/13/2009)
ATLANTA – In a letter sent today to the U.S. Department of Justice (DOJ), the American Civil Liberties Union urged the DOJ to object to changes to election procedures for the Board of Commissioners in Telfair County, Georgia, because the changes would dilute the minority vote. Because of its history of discrimination against minority voters, Telfair County was required under Section 5 of the Voting Rights Act to submit the new procedures to the DOJ for federal review.
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