Washington Markup

FBI Interrogation Primer Encourages Prisoner Isolation

By Devon Chaffee, Legislative Policy Counsel, ACLU Washington Legislative Office at 10:31am

Today, the ACLU released a 2011 FBI “primer” on overseas interrogation that calls into question whether the FBI is adhering to its own policy prohibiting coercive techniques. The 2011 primer was obtained by the ACLU and colleague organizations through Freedom of Information Act litigation. It was written by an FBI Section Chief within the counterterrorism division, and is ironically titled “Cross Cultural, Rapport-Based Interrogation,” – ironic because it encourages FBI agents to request that detainees in foreign or military custody be put in isolation to prolong the detainee’s fear for interrogation purposes. Isolation was a key component to many of the abusive interrogations that took place in Guantanamo, Afghanistan, and in secret CIA black sites after 9/11, in some cases causing extreme psychological trauma. This morning, we wrote to the FBI Director Robert Mueller expressing their concerns with the primer.

Why ENDA's Religious Exemption Must Be Narrowed

By Ian S. Thompson, ACLU Washington Legislative Office & Dena Sher, ACLU Washington Legislative Office at 10:21am

Remarkably, there are only 16 states that currently have workplace non-discrimination laws that are fully inclusive of LGBT people. This leaves LGBT people vulnerable to workplace discrimination in well over half of the country–an unacceptable situation that must be changed.

To address this, last week, the Employment Non-Discrimination Act (ENDA) was reintroduced in Congress. The legislation would prohibit employment discrimination based on sexual orientation and gender identity in most American workplaces, a critically important step towards full equality for LGBT people.

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.

Truly Dishonorable: Military Justice System Betrays Survivors of Sexual Assault

By Elayne Weiss, Washington Legislative Office at 4:49pm

Rebekah Havrilla, a former Army sergeant, received no justice after she was raped by a fellow soldier while serving in Afghanistan.

On Wednesday, Rebekah testified before the Senate Armed Services Personnel Subcommittee at a hearing on military sexual assault, recounting her traumatic and downright appalling time serving in a command culture that tolerated sexual assault and harassment. Her subsequent experience with the military justice system re-traumatized her after she decided to come forward and report her rapist.

Time for Obama and Holder to Truly End Racial Profiling by Law Enforcement

By Laura W. Murphy, Director, ACLU Washington Legislative Office at 12:18pm

Why can’t President Obama and Attorney General Eric Holder do more to ban racial profiling in the United States?  Surely, more so than any of their predecessors, they can understand the injustice and humiliation racial profiling victims feel when they are treated as suspect because of the color of their skin.

Yet, after four years in office, they’ve made no revisions to the Justice Department guidance regarding the use of race in federal law enforcement issued by Attorney General John Ashcroft in 2003.  Ashcroft’s guidance was deficient: though it expressly banned racial profiling by federal law enforcement agencies, it left broad exemptions for national security and border integrity investigations.

The Truth about the Current State of Immigration Enforcement

By Shawn Jain, ACLU at 11:08am

On Monday, “Hardball with Chris Matthews” on MSNBC featured an interview with former Florida Gov. Charlie Crist, and the discussion turned to immigration. Matthews asked Crist about his views on immigration enforcement and said that part of being a Democrat (Crist’s new political party) is being weak on enforcement.

You can watch the discussion here.

States to Young Voters: We Don’t Want a Repeat of ‘08

By Demelza Baer, Washington Legislative Office at 5:21pm

Defying the stereotype that they are apathetic or disengaged, young voters turned out in droves in the 2008 presidential election, capping off their record-setting participation in many state primaries and caucuses. Although the high water mark for turnout among voters under 30 remains 1972, which was the first presidential election after the Twenty-Sixth Amendment to the Constitution lowered the voting age to 18 years, the highest youth turnout in the past four decades happened in 2008 and 1992.  Perhaps most significantly, 2008 marked the third consecutive presidential election that youth turnout increased, and nearly six out of ten young African-American voters turned out in 2008, which is the highest voter turnout among young people of any racial or ethnic group since the voting age was lowered.

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.

Thank You Mr. President – In Big Win for Privacy, Administration Issues CISPA Veto Threat!

By Robyn Greene, ACLU Washington Legislative Office at 12:32pm

Over the last few months, more than 50,000 ACLU supporters signed our petition to the president urging him to veto CISPA if it made it to his desk. Not only did the president hear your calls – yesterday, he answered them with a resounding win for your privacy and civil liberties and threatened to veto CISPA, the dangerous privacy-busting cybersecurity bill.

The president's veto threat echoed many of our concerns, and those that he raised last year when he threatened to veto CISPA 1.0. We have long warned that CISPA threatens Americans' privacy and civil liberties by allowing for companies to share our private information, like our internet records and the content of our emails, with the government. Yesterday's veto threat makes it clear that in spite of recent amendments, CISPA still fails to adequately protect our privacy. As the veto threat states:

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.