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Constitution

VIPS: Data Collection Can Be Effective And Legal

It is not necessary to make an end-run around the U.S. Constitution to thwart terrorism and other crimes. Those claiming otherwise have been far from candid – especially since June 2013, when Edward Snowden revealed gross violations of the Fourth Amendment by NSA’s bulk electronic collection. U.S. citizens have been widely misled into believing that their Constitutional right to privacy had to yield to a superseding need to combat terrorism. The choice was presented as an Either-Or conundrum. In what follows, we will show that this is a false choice. Rather, the “choice” can be a Both-And.

Soldiers Are Taking A Stand Against Trump’s Abuses

Kim, an aircraft mechanic, joined the military in 2019, at age 18. She and her mother had struggled to survive, even living in their car at times. She didn’t think she could afford college, so she didn’t apply. Like so many young Americans in that situation, she enlisted “to get a stable paycheck, a roof over my head, food in my stomach at the end of the day.” Deployed only once, Kim spent most of her time on base, but she enjoyed the routine: waking up early for 15-hour workdays, staying up late to earn an associate’s degree, making lifelong friends and “amazing mentors.” But in 2024, she began to worry about what a new administration might ask the military to do.

Rubio, Cuba And The Zionist Model

Marco Rubio has turned into one of President Donald Trump’s “go to” guys. Appointed secretary of state at the beginning of Trump’s second term, and recently appointed acting national security adviser, he has proven effective in translating Trumpian goals into policy practices. It is not that difficult for Rubio because he shares many of those same biases. For instance, a seemingly absolute belief that the Israelis must be supported even as they lay waste to humanitarian principles and international law. To this end, as secretary of state, Rubio dedicated himself to revamping the State Department’s Bureau of Democracy, Human Rights, and Labor. Why?

Following Unfair Presidential Election, Ecuador Faces A Grim Future

On April 13, a runoff presidential election between the incumbent Daniel Noboa and the progressive candidate Luisa Gonzalez was held in Ecuador. Leading up to the election, a very tight race was expected and conditions pointed to a likely victory by Gonzalez. However, on election day, Noboa was declared the winner with a lead of more than 11%. Clearing the FOG speaks with Pedro Labayen Herrera, who is a researcher at the Center for Economic and Policy Research where he focuses on Ecuador. Labayen was present for the elections. He reports on the scandals just before the election, violations of the Constitution by Noboa and what happened on election day. He also describes the deterioration of conditions within Ecuador and the challenges ahead.

Failing To Rise To The Constitutional Crisis

As the Trump administration openly defies court orders to return a man wrongfully deported to a notorious mega-prison in El Salvador, some American outlets are underplaying the significance of this constitutional crisis. In a unanimous decision the Supreme Court “declined to block a lower court’s order to ‘facilitate’ bringing back Kilmar Ábrego García,” a Salvadoran who had legal protections in the United States and was wrongfully sent to El Salvador’s Terrorism Confinement Center, or CECOT (BBC, 4/11/25). The White House is not complying (Democracy Docket, 4/14/25). “The federal courts have no authority to direct the executive branch to conduct foreign relations in a particular way, or engage with a foreign sovereign in a given manner,” Trump’s Justice Department insists (CNN, 4/15/25). Fox News (4/16/25) said of Attorney General Pam Bondi: “Bondi Defiant, Says Ábrego García Will Stay in El Salvador ‘End of the Story.’”

Ruling To Return Kilmar Abrego Garcia Gives Clues About How to Fight Back

On Friday, April 4, a Federal District Judge ordered that Kilmar Abrego García, a Salvadoran man who was erroneously and illegally sent to El Salvador’s notorious CECOT prison, be returned home by midnight on Monday, April 7, 2025. During a hearing in the lawsuit filed to demand his return, the judge discussed with the Justice Department attorney many ways in which Abrego García’s arrest and deportation were unlawful. She also reached the resounding conclusion that the US government still has effective custody over him and can restore him “to status quo”—meaning living with his family and working legally in Maryland.

Mahmoud Khalil’s Attorney: ‘This Is The McCarthy Era All Over Again’

A federal judge in New Jersey will soon issue a ruling on where the deportation case of Mahmoud Khalil, a Palestinian student who led the student encampment at Columbia University last year, can be litigated. On March 8, Khalil was abducted in New York by agents from the Department of Homeland Security (DHS) who told him his lawful permanent residency status had been “revoked.” He is now languishing in a notorious Immigration and Customs Enforcement (ICE) jail in Louisiana, more than 1,000 miles from his U.S. citizen wife who is over eight months pregnant, while U.S. District Judge Michael E. Farbiarz decides where his case will be heard. Khalil has been charged with no crime.

Trump Is Provoking A Constitutional Crisis

States, public interest organizations, schools, doctors, unions, immigrants, federal workers and individuals have filed more than 60 lawsuits challenging Trump’s legal authority to take these actions. At least nine judges throughout the country have temporarily halted several of them. Courts have put temporary holds on Trump’s attempts to: end birthright citizenship for children of undocumented immigrants, freeze billions of dollars in federal spending appropriated by Congress, transfer incarcerated transgender women to men’s prisons, remove scientific data from the websites of the Centers for Disease Control and Prevention and the Food and Drug Administration, give his de facto co-president Elon Musk unfettered access to sensitive Treasury Department records, and put 2,200 United States Agency for International Development (USAID) employees on leave.

Border Deployment To Insurrection Act: Trump’s Illegal Military Plans

The current deployment of soldiers and Marines to the US-Mexico border is illegal and immoral. The looming possibility of Trump invoking the Insurrection Act, in an attempt to paper it over, actually raises more danger of unconstitutional orders. We have just spent 20 years being used as cannon fodder for hapless debacles in Iraq and Afghanistan. Today, soldiers and Marines are being used as propaganda fodder for the oldest Commander-in-Chief ever, taking office with the worst approval rating in modern history. Conventional, active-duty units from the 82nd Airborne Division and the 1st Marine Expeditionary Force have been the first to the border under US Northern Command.

Trump’s Blitz On Immigration Aimed To Overwhelm

Pandering to his nativist base, Donald Trump made the central pledge of his 2024 presidential campaign a threat to “carry out the largest domestic deportation operation in American history.” On January 20, 2025, he began to fulfill that promise. On Inauguration Day, repeating the words spoken by Chief Justice John Roberts, Trump swore to uphold the U.S. Constitution. Setting aside the issue of whether he purposely refrained from placing his hand on the Bible his wife was holding, the oath Trump swore triggered the “Take Care Clause” of the Constitution. Article II imposes on the president the duty to “take Care that the Laws be faithfully executed.”

ACLU Sues Trump Over Birthright Citizenship Executive Order

The American Civil Liberties Union (ACLU), along with several other pro-immigrant groups, is suing the Trump administration after President Donald Trump signed an executive order that seeks to end the constitutionally recognized right of birthright citizenship. The 14th Amendment of the U.S. Constitution states in its first sentence that: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. Yet on Monday, his first day back in the White House, Trump falsely asserted that he had the presidential right to unilaterally change the interpretation of the amendment.

Protests Erupt In Indonesia Over Attempts To Bypass Constitution

Large-scale protests erupted across Indonesia on Thursday, August 22, in response to the government’s attempt to revise the regional election (Pilkada) law. Protesters demanded that the government and the House of Representatives (DPR) immediately halt the revision process, arguing that it violates the constitution. In several instances, the police fired tear gas at the protesters, causing injuries. In central Java, students stormed the office of the Regional House of Representatives (DPRD) after the police arrested one of the protesters, Kompas reported. Protesters in Jakarta were joined by leading intellectuals, academics and celebrities, who expressed concerns about the revisions being carried out without any public consultation.

US Postal Service’s Attack On Privacy

I've written in the past about the U.S. Postal Service’s so-called Mail Cover Program.   It allows postal employees to photograph and send to federal law enforcement organizations (F.B.I., Department of Homeland Security, Secret Service, etc.) the front and back of every piece of mail the Post Office processes. It also retains the information digitally and provides it to any government agency that wants it — without a warrant.  I’m not an attorney, of course.  But I’m also not an idiot.  And that policy strikes me as a violation of Americans’ civil liberties. The Mail Cover Program has been known publicly for quite some time. 

Kenya Ignores Court Order To Join Occupation Of Haiti

The New England Human Rights Organization (NEHRO) reaffirms its commitment to promoting human rights wherever violations might occur. Therefore, the organization adopts a holistic approach to human rights, encompassing the right to life and liberty; freedom from slavery and torture; freedom of opinion and expression; as well as the right to work and education, to name a few. According to the United Nations, « everyone is entitled to these rights, without discrimination. » On January 26, 2024, Kenya’s High Court Judge Enock Chacha Mwita ruled that « any decision by any state organ or state officer to deploy police officers to Haiti… contravenes the constitution and the law and is therefore unconstitutional, illegal, and invalid. ».

CPK Applauds Court Ruling Against Kenyan Police Deployment In Haiti

The International Department of the Central Organizing Committee of the Communist Party of Kenya issued this statement in staunch solidarity with the January 26th, 2024 High Court ruling in Nairobi, declaring the deployment of National Police Services (NPS) officers to Haiti unconstitutional. Judge Chacha Mwita's articulate decision represents a crucial victory for constitutional principles and sovereignty. The acknowledgment that the National Security Council and NPS lack authority to deploy police beyond Kenya underscores the imperative of upholding the constitutional framework governing our government's actions.

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