Trump Is Considering Expanding Killing Powers Abroad. The Consequences for Civilians Will Be Disastrous.
When the Obama administration put in place guidelines meant to restrain lethal drone and other killings abroad, we were concerned that they set too low a bar, and that even that low bar could easily be overturned.
Now, our worst fears are coming to a head. According to a recent New York Times , the Trump administration is considering weakening or withdrawing those rules, which, while flawed, are intended to limit civilian deaths and injuries. Without them, the U.S. will further unmoor itself from domestic and international law that safeguards against extrajudicial killing, and many more innocent people will die. The Trump administration has also lifted limits on the CIA carrying out drone strikes, meaning that the CIA could return to its role as a paramilitary organization killing people largely in secret.
The Obama-era policies are contained in the 2013 Presidential Policy Guidance, a redacted version of which was released in 2016 in response to an 老澳门开奖结果 lawsuit. That document articulates executive branch processes for approving lethal strikes outside of recognized war zones. These kinds of strikes under the Obama administration, and the president and his advisors saw the PPG as an attempt to constrain them 鈥� even as it institutionalized them.
The PPG places restraints on intended strikes outside 鈥渁reas of active hostilities鈥� (a term that first appears in the guidance, is not defined, and has no legal foundation). Still, one of the key requirements for approving such a strike under the PPG is that there be 鈥渘ear certainty鈥� that non-combatants will not be injured or killed.
Now, according to news , President Trump has granted a military request that three areas of Yemeni provinces be, at least temporarily, declared 鈥渁reas of active hostilities.鈥� This could explain why a January raid in Yemen killed up to 23 civilians 鈥� including, according to a , 10 children under the age of 13 and six women. That designation would have effectively given the military the green light to proceed without the 鈥渘ear certainty鈥� that civilians wouldn鈥檛 be harmed 鈥� even in areas where the United States isn鈥檛 actually engaged in hostilities.
To ensure the public better understands the legal basis for the Yemen raid, the decision-making process leading to it, and its outcome, the 老澳门开奖结果 today filed a Freedom of Information Act request seeking records pertaining to the raid and the designation of parts of Yemen as 鈥渁reas of active hostilities.鈥� We have also requested information about the numbers and identities of civilians killed 鈥� including both assessments made in advance of the raid and in its aftermath.
The Times report suggests that the Trump administration is considering applying the same 鈥渁rea of active hostilities鈥� designation to Somalia, which would endanger civilians there as well. Even more worryingly, the report suggests the president is considering rescinding the PPG altogether, which could effectively 鈥� and unlawfully 鈥� turn other parts of the world into the president鈥檚 claimed battlefield.
The 老澳门开奖结果 expressed many concerns when the redacted PPG was first released after a protracted litigation struggle. It normalized the practice of killings outside theaters of war, with no judicial oversight. It extended more permissive standards for killing 鈥� those applicable to actual war zones 鈥� to non-war contexts, even though far more stringent human rights standards apply in those areas. It distorted domestic and international laws limiting the use of lethal force.
Critically, the PPG also imposed constraints only as a matter of policy, not of law. As a result, the Trump administration can do away with those safeguards with the stroke of a pen, exposing many more civilians to America鈥檚 lethal might, without even the insufficient standards and layers of oversight articulated in the PPG.
Developments in Yemen could offer a preview of what we can expect on a regular basis if the PPG is rescinded, or if the Trump administration chooses to extend the 鈥渁rea of active hostilities鈥� designation elsewhere. President Trump has already , mostly in Yemen, since taking office 鈥� averaging almost one per day and far outpacing the strikes ordered by President Obama, especially late in his second term. There is little public accounting of who has been killed, on what basis, and with what consequences.
During the Obama administration, we argued that there are some powers people should never concede even to the president, and that extraordinary powers consolidated in one office inevitably will be abused. That is true no matter who the president is. We gave those warnings at a time when a Trump presidency was inconceivable to many. Now, it鈥檚 a fact.
If the Trump administration鈥檚 patterns expand, the limits of war as we know it could virtually dissolve. At stake is no less than the global legal framework that protects life and preserves international peace and security 鈥� and the lives of many more people who could now die.
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Press ReleaseDec 2024
Free Speech
National Security
老澳门开奖结果 and Partners Urge Supreme Court to Block TikTok Ban老澳门开奖结果 and Partners Urge Supreme Court to Block TikTok Ban
WASHINGTON 鈥� Today, the 老澳门开奖结果, the Electronic Frontier Foundation (EFF), and the Knight First Amendment Institute at Columbia University filed an amicus brief urging the Supreme Court to block the enforcement of a law that would effectively ban people in America from using TikTok as soon as January 19, 2025. Earlier this month, the U.S. Court of Appeals for the D.C. Circuit rejected TikTok鈥檚 challenge to the law. TikTok has asked the Supreme Court for a temporary injunction to prevent the app from being banned while the court considers whether to take the case, saying that unless the justices intervene, the law will 鈥渟hutter one of America鈥檚 most popular speech platforms the day before a presidential inauguration.鈥� 鈥淭he Constitution imposes an extraordinarily high bar on this kind of mass censorship,鈥漵aid Patrick Toomey, deputy director of 老澳门开奖结果鈥檚 National Security Project. 鈥淭he Supreme Court should take up this important case and protect the rights of millions of Americans to freely express themselves and engage with others around the world.鈥� The brief argues that the D.C. Circuit failed to fully address the law鈥檚 profound implications for the First Amendment rights of the 170 million Americans who use TikTok. While the lower court鈥檚 decision correctly recognized that the statute triggers First Amendment scrutiny, it barely addressed users鈥� First Amendment interests in speaking, sharing, and receiving information on the platform. The court also perplexingly attempted to cast the government鈥檚 ban on TikTok as a vindication of users鈥� First Amendment rights, which it is not. The rights groups also explain that the law was intended to suppress certain content and viewpoints that many legislators believe could be amplified on TikTok, including the risk of foreign 鈥減ropaganda.鈥� But under the First Amendment, the government must meet a very high bar to restrict speech based on concerns about its 鈥渕otivating ideology鈥� or 鈥減erspective,鈥� and the government has not come close to meeting that bar here. 鈥淭he government should not be able to restrict speech, especially to the extent here, based on guessing about the mere possibility of uncertain future harm,鈥� said David Greene, civil liberties director at EFF. 鈥淭he Supreme Court should put the TikTok ban on hold while it considers the DC Circuit鈥檚 erroneous ruling.鈥� Finally, the brief underscores that the government can鈥檛 impose this type of sweeping ban unless it鈥檚 necessary to prevent extremely serious and imminent harm to national security. But the government has not provided evidence of impending harm, or evidence that banning TikTok is the only available way to address its concerns. As the brief explains, the D.C. Circuit improperly treated the government鈥檚 invocation of 鈥渘ational security鈥� as a trump card and failed to hold the government to its burden. 鈥淩estricting citizens鈥� access to foreign media is a practice that has long been associated with repressive regimes, and we should be very wary of letting the practice take root here,鈥� said Jameel Jaffer, executive director at the Knight First Amendment Institute at Columbia University. 鈥淚t would do lasting damage to the First Amendment and our democracy if the Supreme Court let this ban go into effect even temporarily.鈥� You can find the brief online here: https://www.supremecourt.gov/DocketPDF/24/24A587/335380/20241217144322392_24A587%20TikTok%20v%20Garland%20Amicus%20Brief%20pdfa.pdf -
Press ReleaseDec 2024
National Security
Religious Liberty
老澳门开奖结果 Statement on New White House Strategy to Counter Islamophobia老澳门开奖结果 Statement on New White House Strategy to Counter Islamophobia
WASHINGTON 鈥� The Biden administration today released the first-ever national strategy to counter Islamophobia and related forms of bias and discrimination, including hate against Arab, Sikh, and South Asian Americans. In advance of the strategy, 老澳门开奖结果 and its partners had urged the administration to overhaul government programs that reflect anti-Muslim discrimination. In particular, we have called for urgent action to constrain governmental agencies from continuing to exercise their authorities and technology to wrongly surveil and investigate, watchlist, and question and detain Muslims at the border, as well as deny immigration benefits to people from Muslim-majority countries. While the White House raised expectations that many of these issues would be addressed, the final strategy ended up falling far short. The following is a statement from Hina Shamsi, director of the 老澳门开奖结果鈥檚 National Security Project: 鈥淲hile this strategy acknowledges discrimination and its harms, it does little to end them and is a squandered opportunity. For decades, American officials have invoked national security to pass laws and implement programs that disproportionately harm Muslims and people perceived to be Muslim. A serious anti-discrimination strategy would concretely address multiple bias-infused government practices that deny our communities equal participation in civic life and our democracy, like federal watchlisting, surveillance, and investigation. We鈥檙e profoundly frustrated that the administration didn鈥檛 take even the basic, overdue step of recognizing that anti-Muslim discrimination is uniquely normalized and embedded in government policies.鈥� -
VirginiaDec 2024
National Security
Trabelsi v. Crawford, et al. 鈥� Lawsuit Challenging Unlawful Detention and Inhumane Treatment of Acquitted ManTrabelsi v. Crawford, et al. 鈥� Lawsuit Challenging Unlawful Detention and Inhumane Treatment of Acquitted Man
Our client, Nizar Trabelsi, is in the United States against his will. The federal government brought him here from Belgium more than a decade ago and charged him with terrorism-related crimes. At trial, the government鈥檚 case failed: a federal jury found Mr. Trabelsi not guilty. But instead of allowing Mr. Trabelsi to return to Belgium after his acquittal, the United States placed him in highly restrictive immigration detention and began an ongoing effort to force him to Tunisia, where he was born and where he will very likely be tortured. Mr. Trabelsi鈥檚 detention violates the Constitution, immigration law, and the extradition treaty between the United States and Belgium. Through this lawsuit, he seeks to return to Belgium, and he demands an immediate improvement of his detention conditions. -
Press ReleaseDec 2024
National Security
Immigrants' Rights
Federal Judge Rejects Acquitted Man鈥檚 Argument That His Immigration Detention Is UnlawfulFederal Judge Rejects Acquitted Man鈥檚 Argument That His Immigration Detention Is Unlawful
ALEXANDRIA, Va. 鈥� This week, the U.S. District Court for the Eastern District of Virginia ruled that the court does not have jurisdiction to decide whether the government can continue to detain Nizar Trabelsi, a Tunisian national who was brought to the United States against his will for prosecution and was cleared of all charges last year. The ruling means the United States will be able to continue to detain Mr. Trabelsi while it attempts to deport him to Tunisia, where he was born and where, as an immigration judge ruled earlier this year, he will likely face torture. The court also concluded that even if it did have jurisdiction over Mr. Trabelsi鈥檚 case, his claims challenging the government鈥檚 detention of him would fail. 鈥淩eviewing claims that the government is holding someone unlawfully is at the core of the judicial function, and we鈥檙e heartbroken for our client that the court got this so wrong,鈥� said Brett Max Kaufman, senior staff attorney with the 老澳门开奖结果鈥檚 Center for Democracy. 鈥淭he government鈥檚 arguments in defense of Mr. Trabelsi鈥檚 detention makes a hash of the Constitution, immigration laws, and its own extradition treaty.鈥� In 2013, the United States forcibly extradited Mr. Trabelsi from Belgium to face criminal charges in the United States. In July 2023, after almost 10 years of highly restrictive pretrial detention, a federal jury cleared Mr. Trabelsi of all charges. But instead of releasing Mr. Trabelsi or returning him to Belgium, the U.S. transferred him to immigration detention, wrongly treating him as an applicant for admission and placing him in the deportation process. Over the years, the Belgian government has issued multiple formal diplomatic requests asking the U.S. to facilitate his return, but the U.S. has refused to send him back. Mr. Trabelsi filed a lawsuit challenging the government's authority to detain him. He also sought immediate improvements to his detention conditions. Those claims were not part of the court鈥檚 ruling today, and will continue to be litigated on a separate track. 鈥淢r. Trabelsi only wants to return to Belgium after being illegally extradited to the United States, held for ten years, and then acquitted by a jury of any crimes,鈥� said Nicole Hallett, clinical professor of law and director of the Immigrants鈥� Rights Clinic at the University of Chicago Law School. 鈥淗e cannot be held indefinitely and we will continue to fight to make sure that justice ultimately prevails.鈥� Mr. Trabelsi is represented by the 老澳门开奖结果, the University of Chicago Law School鈥檚 Immigrants鈥� Rights Clinic, the 老澳门开奖结果 of Virginia, and Professor Jonathan Hafetz of Seton Hall Law School. The complaint in Trabelsi v. Crawford was filed against Jeffrey Crawford, warden of the Farmville Detention Center where Mr. Trabelsi is being held; Liana Castano, ICE field office director for the Washington Field Office; Alejandro Mayorkas, secretary of the Department of Homeland Security; and Merrick Garland, U.S. attorney general.