Washington Markup

Is the Spying Comey Approved More Important Than the Spying He Opposed?

By Michael German, Senior Policy Counsel, ACLU Washington Legislative Office at 2:05pm

What's worse than waterboarding and letting the government wiretap Americans without warrants? It's not a riddle; it is a question we need James Comey to answer, particularly if President Obama nominates him to lead the FBI for the next 10 years.

You see, while serving as acting attorney general in March 2004, Comey took a courageous and defiant stand against the Bush administration's secret [REDACTED] surveillance program, refusing to sign a certification saying the program was legal. When White House Counsel Alberto Gonzales authorized the program to go forward without a Justice Department certification, Comey threatened to resign, along with his staff and FBI Director Robert Mueller.

James Comey: Two Thumbs-Up on Waterboarding?

By Chris Anders, Senior Legislative Counsel, ACLU Washington Legislative Office at 2:00pm

Waterboarding and other torture tactics may once again take center stage in yet another nomination fight. But this time, the stakes involve a ten-year appointment to head the FBI.

Before President Obama nominates—and certainly before the Senate Judiciary Committee confirms—James Comey to be FBI director, the president and the senators should read three torture memos that are central to understanding who Comey is. There is a mountain of other torture documents from the Bush era, but we only need to read three of them.

VICTORY! Social Security Administration Drops Surgery Requirement for Gender Change

By Chase Strangio, Staff Attorney, ACLU & Ian S. Thompson, ACLU Washington Legislative Office at 10:05am

Late last week, after nearly a decade of advocacy led by our coalition partners at the National Center for Transgender Equality, the Social Security Administration (SSA) updated its policy for changing gender designation in Social Security records. The ACLU also included this as one of our top LGBT second term recommendations to President Obama. This change will not only protect the privacy of transgender individuals, but also brings SSA in line with other federal agencies and prevailing medical standards for the treatment of transgender individuals.

Immigration Reform on the Senate Floor – A Procedural Maze and Lots of Border Talk

By Michael Macleod-Ball, Chief of Staff, ACLU Washington Legislative Office at 1:57pm

The full U. S. Senate took up the potentially historic bill to overhaul the country's immigration system last week.

At the top of the week, things looked rosy. S. 744 flew through initial procedural hurdles to allowing the chamber to take up the bill, with rare flying colors. This might have led to a surge in optimism about the bill, especially given the heady tone of the markup sessions in the Senate Judiciary Committee just two weeks earlier.

The PATRIOT Act’s Section 215 Must be Reformed

By Laura W. Murphy, Director, ACLU Washington Legislative Office at 3:16pm

The following remarks were given by Laura Murphy, director of the ACLU's Washington Legislative Office, at Sen. Rand Paul's press conference yesterday announcing his intention to sue the government to stop NSA surveillance of Americans' communications.

Last week, the Guardian reported something extraordinary. The National Security Agency is routinely collecting all of your phone records under Section 215 of the Patriot Act. They know who calls whom, when, for how long and from where. There's no more debate about whether the government is spying on Americans; the only question is how we can stop it.

ACLU and the Equal Pay Act of 1963: Celebrating 50 Years of Advocacy

By Tyler Ray, ACLU Washington Legislative Office & Deborah J. Vagins, ACLU Washington Legislative Office at 12:38pm

This June 10th, the ACLU will join organizations and individuals across the country to celebrate the 50th anniversary of the signing of the Equal Pay Act of 1963, a landmark law that required equal pay for equal work for women for the first time. If you don't mind us tooting our own horn for a minute, the ACLU played an instrumental role in the passage of the Equal Pay Act 50 years ago and in expanding women's rights since our founding in 1920.

Immigration Reform: Where Things Stand Now and What's Next

By Laura W. Murphy, Director, ACLU Washington Legislative Office at 4:04pm

The immigration reform bill that has emerged from the Senate Judiciary Committee is good – not ideal, not awful, but good. It is a game changer for those who currently have no hope of realizing the Constitution's promise of equal protection. But it also creates real risks to privacy for all Americans regardless of status and expands the kind of database environment that many of us fear will give the government access to far too broad a swath of our lives. And the bill creates the kind of militarized environment along our southern border that is extremely costly, harmful to border communities' quality of life, and enormously inefficient. And we must not forget that some are wrongly excluded from even a chance at the fruits of immigration reform – beginning with those who happen to love someone of the same sex.

Immigration Reform: Week Three Is History (And Earlier Than Expected!)

By Michael Macleod-Ball, Chief of Staff, ACLU Washington Legislative Office at 11:01am

We were prepared for trench warfare in the third week of deliberations over the landmark immigration...

Another Abortion Ban? You’ve Got to be Kidding Me

By Sarah Lipton-Lubet, ACLU Washington Legislative Office at 1:20pm

Earlier this week, in a case brought by the ACLU, the ACLU of Arizona, and the Center for Reproductive Rights, the U.S. Court of Appeals for the 9th Circuit struck down an extreme Arizona law that bans abortion care starting at 20 weeks. The court called it "per se unconstitutional." That's judicial-speak for "are you kidding me with this?"

And yet today, the U.S. House of Representatives held a hearing on a bill from Rep. Trent Franks (R-Ariz.) that would do the very same thing—except this one wouldn't be limited to Franks' home state of Arizona. Initially, Franks targeted the women of D.C., but has since announced his intention to expand his scope nationwide.

It Is Time to Modernize Discriminatory HIV/AIDS Laws

By Ian S. Thompson, ACLU Washington Legislative Office & Steven Waddy, Legislative Assistant, ACLU at 4:55pm

While science has vastly advanced since the early days of the HIV/AIDS epidemic more than 30 years ago, the ways in which many criminal laws treat people living with HIV look like throwbacks to the dark days of the past when fear and misinformation about HIV and how it is transmitted were rampant.

There are presently 32 states that have criminal laws that punish people for exposing another person to HIV, even in the absence of actual HIV transmission or even a meaningful risk that transmission could occur.