ThinkProgress Logo

Justice

NEWS FLASH

International Criminal Court Gives First-Ever Prison Sentence | The International Criminal Court, created 10 years ago to try individuals for war crimes and genocide, has handed down its first-ever prison sentence. Thomas Lubanga, a former Congolese warlord, was sentenced to a 14-year jail term for building a rebel army out of child soldiers during the Second Congo War of 2001-2003. The army was accused of murder, rape, and ethnic massacres. After taking into account time-served, Lubanga, who is also the first person to be convicted by the ICC, will spend eight more years in prison. The ICC is investigating seven other cases, all based in Africa, and has issued four arrest warrants for crimes in the DRC since opening its doors in 2003. The United States is not one of the 120 countries that are members of the ICC.

Alex Brown

LGBT

132 House Members File Amicus Brief Against DOMA

Rep. Jerrold Nadler

132 House members, led by Congressman Jerrold Nadler (D-NY) and Democratic leaders Nancy Pelosi (D-CA) and Steny Hoyer (D-MD), filed an amicus brief today making a federal case against the Defense of Marriage Act’s constitutionality. The brief weighs in on the legal challenge that Karen Golinski made against DOMA when she filed a lawsuit seeking access to equal health benefits for her wife — a case that has reached the Ninth Circuit Court of Appeals after a federal district court ruled in Golinski’s favor and declared DOMA unconstitutional.

The congress members offer a direct challenge to the House Bipartisan Legal Advisory Group’s (BLAG) Republican members, who hired lawyers to defend DOMA’s constitutionality against increasing attacks in court. A release from Pelosi’s office summarizes the brief’s major arguments, including the crucial facts that BLAG does not speak for the entire House of Representatives and that DOMA directly harms American families:

Unlike most Acts of Congress, DOMA cannot be viewed as the rational result of impartial lawmaking and should be treated with judicial skepticism. The brief makes it clear that the House is not united on DOMA’s validity, that the BLAG lawyers do not speak for the entire institution, and that there is no legitimate federal interest in denying married same-sex couples the legal security, rights and responsibilities that federal law provides to couples who are married under state law. …This law affirmatively harms married gay and lesbian couples and their children.

Nadler’s leadership and the coalition of House Democrats’ support are important examples of legislators standing up for the legal rights of the LGBT community. The House of Representatives has its fair share of champions for LGBT rights, and their work has the potential to make a difference in the lives of countless families in the LGBT community who are fighting for the same rights that heterosexual couples already enjoy.

Military Contractors Traffic Workers, Abuse Them With Impunity

A report released late last month by the American Civil Liberties Union and the Lowenstein Clinic at Yale Law School documents ongoing abuse and trafficking of workers hired by U.S. Government contractors to support the military in Iraq and Afghanistan. The civilian workforce comes mostly from developing countries and performs low-wage services like construction, transportation, security, and food services.

Tens of thousands of Third Country Nationals (TCNs) are hired yearly through contractors to support the military and are subject to a variety of abuses, including illegal recruitment, trafficking, and forced labor. Vulnerable workers, many of whom make less than $1 per day, are targeted by recruiting agents who promise exorbitant salaries and often lie about the location and type of work the recruits will preform. Then, when the workers arrive in Iraq or Afghanistan, they are subjected to appalling work and living conditions, including twelve- and fourteen-hour work days, seven-day work weeks, no vacation, low salaries, squalid living conditions, confinement, and inedible food.

Because TCNs often have to borrow money to pay recruiting fees, they comprise a uniquely vulnerable group. They remain in Iraq or Afghanistan even when abused with impunity in the hope that they will eventually be able to pay off recruiting fee debts, which are subject to interest rates as high as 50 percent per year, and protect their families from retribution. The report describes individual instances of abuse such as the following:

  • Thirteen men from Nepal, promised jobs in hotels in Jordan, were instead sent to work for a government contractor in Iraq. Twelve of the men were kidnapped by insurgents and executed. The thirteenth man was prevented from going home for fifteen months.
  • In 2008, 1,000 South Asian workers protested outside of Baghdad. They had been confined to a windowless warehouse without pay or work for three months.
  • Another group of workers incurred debts up to $5000 for jobs that never materialized, and were forced to live in huts made out of tarp and pieces of carpet. The workers had no access to food or water.

While the United States has a zero-tolerance policy toward human trafficking, existing measures are failing to curb the entrapment and abuse of foreign workers. “Accountability exists in theory but not in practice: to date, the U.S. government has yet to fine or prosecute a single contractor for trafficking- or labor-related offenses,” the report states. The ACLU recommends making changes to prevention, investigation, and prosecution policies in order to protect workers.

Alex Brown

Election

Attorney General Holder On State Voter ID Laws: ‘We Call This A Poll Tax’

HOUSTON, Texas — As conservatives threaten the voting rights of millions of Americans with new voter ID laws, Attorney General Eric Holder shot back on Tuesday, calling the laws an unconstitutional “poll tax.”

During a speech to the national NAACP Convention, Holder denounced the fact that a number of states are beginning to require voters to present particular forms of photo identification or be turned away from the polls. “Under proposed voter ID laws, many would struggle to pay for IDs needed to vote. We call this a poll tax,” Holder declared to loud applause.

Some states with voter ID laws don’t charge for the IDs themselves, but many citizens have to pay for the documentation required to get a voter ID. For instance, an 84-year-old Wisconsin woman named Ruthelle Frank, who has voted in every election since Truman defeated Dewey, faced a $200 fee to get a copy of her birth certificate, which she needed to get a voter ID under her state’s new law. Facing such a steep price, 2012 may be the first year Frank can’t vote.

Though Republicans have couched much of their recent agenda in constitutional language, many appear to have forgotten the words of the 24th Amendment:

The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax.

Holder and the Department of Justice have blocked some of the voter ID laws from taking effect. Both South Carolina and Texas were denied preclearance by the DOJ because their voter ID laws had a disproportionate impact against minorities, violating the Voting Rights Act. Texas is currently suing the DOJ; the federal trial began yesterday.

NEWS FLASH

Kansas Has Paid $675,000 Defending State Anti-Abortion Laws | In the continuing saga of states spending taxpayer money to defend abortion laws that are likely unconstitutional, the AP reported today that the Kansas Attorney General has paid more than $675,000 to outside lawyers to defend Kansas’s anti-abortion laws. In one federal lawsuit, Kansas has paid about $333,000 to outside lawyers to defend budget provisions denying federal dollars for non-abortion services to Planned Parenthood. Another $211,000 has been spent on help defending health and safety regulations. And $131,000 has been spent defending a law restricting private insurance coverage for abortions.

Alex Brown

NEWS FLASH

Five More Groups Drop ALEC, Bringing Count To 29 | HP, CVS, BestBuy, Deere, and MillerCoors are the latest companies to join the mass exodus from the American Legislative Exchange Council (ALEC). The Republican legislation-crafting group has been losing its members ever since scandals blew up over their voter suppression efforts and their push behind the Stand Your Ground Law that originally protected George Zimmerman in the killing of Trayvon Martin. These five new companies make a total of twenty nine groups to leave ALEC in recent months, as progressive advocacy organizations have urged companies to reconsider their memberships.

NEWS FLASH

Medical Marijuana On The Ballot In Massachusetts | An initiative to allow the use of medical marijuana will be on the ballot this November in Massachusetts. A survey of voters in Massachusetts found support for medical marijuana at 53 percent, and opposition at 35 percent. Nationally, 77 percent of Americans support allowing doctors to prescribe medical marijuana, and 75 percent think the federal government should defer to states.

The Right-Wing’s Favorite New Conspiracy: The U.N. Is After Your Guns

Twisted gun statue outside the U.N. By walker_dawson/flickr.

Call it the conspiracy theory that won’t die. The U.N. has been working for years to produce a final text of the Arms Trade Treaty, an agreement to regulate the global arms trade (right now, international banana and bottled water sales are more restricted than weapons sales). The negotiations have just restarted and, with them, a massive round of panic on the right about the U.N.’s nefarious plan to undermine the Second Amendment. The NRA frets that “global gun banners have markedly stepped up their attack on our Second Amendment freedoms.” Roughly 130 Congresspeople speculated that “the ATT is likely to pose significant threats to…our constitutional rights.” The Washington Times led an editorial with the screaming headline “The U.N. is coming for your guns.” There’s just one problem with this narrative: it’s totally made up:

  • The Obama Administration required language in the initial 2009 General Assembly resolution acknowledging “national constitutional protections on private ownership, exclusively within their territory.”
  • The State Department rules out provisions restricting constitutional rights and sovereign control of domestic weapons regulation in its ATT “Red Lines.”
  • Since the Supreme Court has held that individual gun ownership is constitutionally protected, and international law cannot override the Constitution, the U.N. could not take American guns even if the Administration and Senate wanted it to.
  • As Naval Postgraduate School arms expert Diana Wueger points out, the ATT isn’t even intended to regulate domestic arms: “The Arms Trade Treaty will not regulate domestic sales of firearms. Its focus is instead on the control of the legal, international trade in conventional weapons.”
  • Conspirators seize on a recently leaked U.N. paper’s suggestion that “arms trade must therefore be regulated in ways that would…minimize the risk of misuse of legally owned weapons.”  Even setting aside the ambiguity of the line in question, the paper (inaccurately portrayed as part of a press kit) is playing no role in the negotiations over the text of the ATT. ThinkProgress confirmed this with U.N. Office for Disarmament Affairs Information Officer Ewan Buchanan, who said “The negotiation is being done by the member states of the U.N., not by the Secretariat. It was an information paper that does not form any part of the negotiation process and the member states of the U.N. don’t have it.”

While the NRA and its allies scream about UN plots, the global arms trade continues to kill people in conflict zones around the world.

Romney Fundraiser Directing Media Campaign Promoting PA Voter ID Law

Pennsylvania’s new voter ID law may disenfranchise as many as 758,939 voters, but that is not stopping Gov. Tom Corbett (R-PA) from spending $249,660 to promote it. Gov. Corbett’s administration signed a contract with Chris Bravacos, a Romney fundraiser, to direct the media campaign.

The ad campaign attempts to portray the voter ID law as protecting voters and continuing the legacy of the Voting Rights Act. One ad, which contains a series of black and white photos of people voting, opens with: “Your right to vote: it’s one thing you never want to miss out on.”

Watch it:


But the ID law may be directly responsible for more than 750,000 eligible voters missing out on their right to vote this November. Though Secretary of the Commonwealth Carol Aichele had assured lawmakers that 99 percent of voters possessed an acceptable ID, data released by Pennsylvania last week shows that 9 percent of voters statewide, and 18 percent of Philadelphia voters, lack an acceptable ID. Gov. Corbett reacted to the new data by rejecting a request to delay implementation of the ID requirement.

The ACLU and NAACP have filed a lawsuit against Pennsylvania, alleging that the voter ID law violates the state constitution and will disenfranchise thousands, “disproportionately affect[ing] older citizens, people with disabilities, racial minorities, and lower-income people.” The lead plaintiff in the lawsuit, Viviette Applewhite, is 93 years old and has voted since 1960, but will be barred from voting in the upcoming election because she does not have an acceptable ID and is unable to obtain a birth certificate from the state, which is required in order to get an ID.

Alex Brown

NEWS FLASH

FBI Says Mexican Drug Cartels Used Bank of America to Launder Money | An FBI investigation is claiming a Mexican drug cartel used Bank of America to launder its money, the Wall Street Journal reports. Cocaine-trafficking cartel Los Zetas allegedly routed 1 million U.S. dollars per month for two years through a personal bank account owned by the brother of the gang’s kingpins. The funds were funneled through Bank of America to purchase racehorses from a Texas-based company. Mexican drug cartels have reportedly used the bank before; acccording to Bloomberg, cartels were funneling money through Bank of America to buy planes to transport cocaine in 2010. The bank is not accused of any wrongdoing and is reportedly cooperating fully with the federal probe.

Florida Ignores FBI Database When Granting Gun Carry Permits

Florida may be missing vital pieces of information when it screens concealed carry permit applications because it does not check the FBI’s National Instant Criminal Background Check System (NICS). NICS contains 1.6 million records of people nationwide with mental illness. The Department of Agriculture and Consumer Services, which screens permit applications, does run applicants names’ through four databases, but none contain nationwide data on mental illness.

According to the Sun Sentinel investigation, Florida’s system of ingorning the federal database when granting concealed carry permits may have a significant affect on who can carry guns nationwide.

Florida can’t use the NICS system for concealed carry permits because a criminal justice agency doesn’t administer the licensing program.

As a result, gun control advocates say, Florida could be missing potentially vital pieces of information for weeding out individuals with a history of mental illness.

“It seems incredibly silly and dangerous to public safety to let this information rest on the shelf,” said Josh Horwitz, executive director of the Washington-based Coalition to Stop Gun Violence. “People with dangerous mental health histories should not be allowed to carry firearms in Florida.” [...]

The background screening gap is particularly significant because Florida is a go-to place nationwide for gun carry permits that then are valid in other states through so-called reciprocity agreements.

Florida has 952,000 active concealed weapon licenses. Nearly 12 percent are held by out-of-state residents, according to the Agriculture Department.

The NRA, a potent lobbying force for pro-gun laws, has been a driving force behind reciprocity laws, which, combined with Florida’s inadequate background checks, may be pointing Americans at risk. While most states check NICS before granting a concealed carry permit, many have also maintain reciprocity agreements, which honor permits granted by other states. Thirty-five states honor concealed carry permits granted by Florida to Florida residents, while thirty-one honor permits granted by Florida to non-residents. Reciprocity agreements allow potential gun owners to shop around for the state with the least stringent permit laws, and then force other states to honor their permit.

The revelation that Florida’s practices lax background checks when screening concealed carry applications comes at a time when gun laws are becoming increasingly less strict. Since 1980, forty-four states have passed laws that allow gun owners to carry concealed weapons, and Illinois remains the only state not to allow concealed carry in any circumstance. In 2004, the federal assault weapon ban expired, and since 2005, twenty-one states have passed “stand your ground” laws. The United States has the highest rate of civilian gun ownership of any country in the world.

Alex Brown

  • Comment Icon

Justiceline: July 10, 2012

Welcome to Justiceline, ThinkProgress Justice’s morning round-up of the latest legal news and developments. Remember to follow us on Twitter at @TPJustice

  • Florida Gov. Rick Scott (R) may have found a way around the age-old debate about prayer in schools — by replacing “prayer” with “inspirational messages” in a bill he has just signed into law, despite warnings from the ACLU that it may lead to lawsuits. Under SB 98, students may provide “inspirational messages” at non-compulsory school events and school officials may not interfere with their freedom of speech. Americans United for Separation of Church and State is already advocating for a repeal.
  • A federal judge who blocked parts of South Carolina’s harsh immigration law in December said on Monday that the law would remain on hold until an appeals court ruled on the case — so South Carolina cannot enforce the “show me papers” provision that remains in place in Arizona.
  • The Hill suggests yet another reason why some suspect the health care debate is so politically contentious: members of Congress and their staff may directly benefit from repeal, thanks to a Republican amendment to the Affordable Care Act that kicks Congress-members and their aides out of the healthcare program for federal employees.
  • And finally, a British judge ruled that Samsung’s Galaxy Tablets do not infringe on any of Apple’s designs for the iPad, in what is both a legal victory and a consumer critique for Samsung. According to the judge, Galaxy Tablet just aren’t “cool” enough to be confused with the iPad.
  • Comment Icon

Switch to Mobile
ThinkProgress Signup Overlay Skip and Continue to ThinkProgress Skip and Continue to ThinkProgress

Sign Up