Washington Markup

Congress Takes Much Needed Step Forward on Over-Criminalization

By Alex Berger, Legislative Assistant, ACLU at 4:59pm

Earlier this month, a high school honors student named Kiera Wilmot was charged with felony discharge of a weapon on school property. Her crime? Creating her own science experiment.

When Kiera mixed several household chemicals together in a plastic bottle, she caused a small explosion in her school's parking lot, hurting no one and causing minimal damage. But now she faces up to ten years in prison and a felony criminal record for a crime she had no intention or desire to commit.

On the First Anniversary of Wal-Mart v. Dukes: Stand Up or Be Trampled

By Deborah J. Vagins, ACLU Washington Legislative Office at 10:27am
Image above: Betty Dukes with Senator Al Franken. The author, Deborah Vagins, to the immediate right, joined by coalition partners.

Over a decade ago, I had the great honor to be part of a team representing Betty Dukes, an employee at Wal-Mart who had received unfair treatment at her job and had decided to do something about it. Betty soon became the face of a large class of women who worked at Wal-Mart and faced similar types of discrimination in the workplace. These women banded together, from all across the country, to take on sex discrimination at one of the world’s largest employers—and through it all, Betty Dukes remained at the forefront fighting for justice. “In this life,” said Betty, “you have to stand up or be trampled.”  The ACLU co-authored a brief before the Supreme Court, joined by a large number of civil rights groups, highlighting the gender stereotypes that the women were banding together to challenge.

One Year After Simmons: ACLU Sends Letter to DOJ to Help Release People Wrongly Languishing in Federal Prisons

By Jesselyn McCurdy, ACLU Washington Legislative Office at 2:53pm

Yesterday, USA Today reported on a letter the ACLU sent to top officials at the Department of Justice, urging immediate action to identify and possibly release dozens of wrongfully imprisoned federal inmates.

Senate Hearing Explores the Exorbitant Costs of Incarceration

By Dan Zeidman, ACLU Washington Legislative Office at 5:51pm

Over the last 30 years, the population of the federal prison system has increased exponentially – nearly 800 percent – largely due to the overrepresentation of those convicted of drug offenses, many of whom are low-level and non-violent. Today, a record 218,000 people are confined within Federal Bureau of Prisons (BOP) operated facilities or in privately managed or community-based institutions and jails.

Even Amidst a Host of Congressional Priorities, Drones Makes the Cut

By Sandra Fulton, ACLU Washington Legislative Office at 12:00am

While Congress has been considering the idea of regulating domestic drone use for some time, yesterday kicked off the debate in earnest when Sen. Patrick Leahy (D-Vt.) called a hearing in the Senate Judiciary Committee on "The Future of Drones in America: Law Enforcement and Privacy." Considering everything the committee has on its plate right now—from immigration reform to gun regulations—the fact that the senators prioritized this hearing underscores how important and timely they believe the issue is, and how much impact drones have had on the American psyche.

Border Patrol Must Stop Hiding the Truth About Its Uses of Force

By Chris Rickerd, ACLU Washington Legislative Office at 10:24am

Border Patrol agents work in dangerous situations which can lead to tragic consequences like the shooting death and wounding of agents in Arizona this week.  There is no justification for such violence targeting law enforcement officers.  Yet there is also a crisis regarding use-of-force by Customs and Border Protection that is severely damaging the agency’s integrity (CBP is the Border Patrol’s parent and includes officers who work at ports of entry).  The many recorded incidents of CBP fatalities and abuses demand a comprehensive, independent investigation of CBP policies and practices, as requested by members of Congress, the Inter-American Commission on Human Rights, and the Office of the United Nations High Commissioner for Human Rights.  A permanent, arm’s-length oversight commission for CBP must also be created.

Chance at Freedom: Retroactive Crack Sentence Reductions For Up to 12,000 May Begin Today

By Jesselyn McCurdy, ACLU Washington Legislative Office at 2:11pm

Today, Hamedah Hasan can finally apply for her freedom.

Hamedah has been locked up for 18 years serving a prison sentence she never deserved.

When she was 21 years old, she and her two daughters escaped an abusive relationship to live with her cousin. Feeling indebted to this cousin, who was involved in dealing crack cocaine, she agreed to run various errands and transfer money. Though Hamedah never used drugs herself, she was later indicted and convicted for conspiracy to distribute crack cocaine. Despite a previously clean record, the judge had no choice but to issue a life sentence, due to mandatory minimums for crack cocaine and the mandatory sentencing guidelines then on the books.

The Road Ahead for Newtown Legislation

By Alex Berger, Legislative Assistant, ACLU at 11:57am

At the beginning of the first Senate hearing on the Sandy Hook Elementary School shootings, Sen. Dick Durbin (D-IL) instructed those in the hearing room to stand if they had been affected by gun violence. As nearly everyone in the packed hearing room, including several Senators, stood in silence, the powerful tone was set for the debate over what to do next.

For several months, I have attended every event and hearing on Capitol Hill regarding the Senate's response to the Newtown shootings. I saw the father of a slain first grader whose uncontrollable sobbing at a Judiciary Committee hearing left everyone in the room quiet and still. I witnessed testimony from a doctor who struggled to retell the story of removing bullets from the heads of five-year-olds. And I saw incredible passion and a sense of purpose from both sides of the aisle.

A PROMISE to End Youth Gun Violence

By Alex Berger, Legislative Assistant, ACLU at 11:19am

Open today’s newspaper, and I bet that you’ll find at least one story about gun violence. From Newtown to Chicago to Aurora, this last year has put a spotlight on the need to address this violence in a way that creates lasting change.

So how exactly do we break the cycle? The answer is simple: we have to stop violence at the root. We have to save our children from a system that pushes them toward a life of crime rather than a hopeful future. We have to support the Youth PROMISE Act.

Manufacturing a “Black Separatist” Threat and Other Dubious Claims: Bias in Newly Released FBI Terrorism Training Materials

By Michael German, Senior Policy Counsel, ACLU Washington Legislative Office at 1:31pm

In a throwback to the J. Edgar Hoover-era COINTELPRO investigations targeting civil rights and anti-war activists, the FBI is now training its agents to be on the lookout for "Black Separatist" terrorists, according to FBI training materials released today by the ACLU. These new disclosures, obtained through Freedom of Information Act litigation, are the latest in a growing flood of FBI training materials that include factually flawed and biased information.