Save our healthcare, save our lives

Deadline: Do it now! – Our healthcare is under attack by the GOP, again — or to be accurate — STILL!

In December 2018, the trial court in Texas v. US, a lawsuit brought in February 2018 by several states’ conservative Attorneys General, ruled that the entire Affordable Care Act is invalid. That’s bad, but it’s just a single trial court. The case is now on appeal to the powerful Fifth Circuit Court of Appeals, where on March 25, 2019 the Department of Justice agreed, urging the appeals court to strike down the entire ACA. That’s scary, but it gets worse: the DOJ’s reversal of its position was apparently taken over the objections of its own Health and Human Services Secretary Alex Azar and those of Attorney General William Barr.

This is of course just the administration’s latest try to kill the ACA (and many many of us, along with it) — but it’s a doozy. As Indivisible National says:

This is the Trump administration’s clearest attempt yet, not just to sabotage, but to completely annihilate the ACA — and in doing so, unleash chaos on our health care system and on millions of Americans lives.

We’re pissed. And we know you are too.

→ It would jeopardize Medicaid expansion in 37 states.
→ It would end protections for preexisting conditions.
→ It would end coverage for young people who’d otherwise be able to stay on their parents’ plans until they turn 26.
→ It would end required coverage of preventive care — like cancer screenings, vaccines, birth control, blood pressure tests and more.

And so, so much more.

You’ve fought for the ACA and sane healthcare policies before. It’s time to join the battle again!

What you can do:

  • Learn more about the legal case in Indivisible’s article
  • Thank California Attorney General Xavier Becerra – he’s one of the state AGs defending the ACA in Texas v. US, and he has announced that he and other AGs will appeal the district court’s ruling striking down the ACA to the Fifth Circuit.
    • Attorney General Xavier Becerra:  (email);  (800) 953-5335 [select English or Spanish, then press 0]
  • Thank your Representative for cosponsoring Rep. Pramila Jayapal’s (WA-07) Medicare for All Act (H.R. 1384), and ask them to continue to speak out publicly and to do all they can to support the ACA and to reform our health care system to guarantee health care coverage for all. For more info about the Act, read Indivisible’s article
  • Thank Senator Feinstein and Senator Harris for speaking out, and ask them to continue to do all they can to support the ACA and to reform our health care system to guarantee health care coverage for all
  • Watch for a bill House Democrats unveiled on March 26, the Protecting Pre-Existing Conditions & Making Health Care More Affordable Act, which Leader Pelosi said “lowers health care insurance premiums, stops junk plans, strengthens protections for pre-existing conditions and reverses the GOP health care sabotage.” She also commented, about the DOJ’s position in the Texas v. US lawsuit: “.. . . [T]he Department of Justice becomes the Department of Injustice when it wants to tear down health care benefits.  Because as Dr. King said, ‘people could die’ – people could die.”

Call now!

  • Sen. Dianne Feinstein (email); (415) 393-0707 • DC: (202) 224-3841; 1 Post Street, Suite 2450, San Francisco CA 94104
  • Sen. Kamala Harris (email); (415) 981-9369 • DC: (202) 224-3553; 333 Bush Street, Suite 3225, San Francisco CA 94104
  • Rep. Mark DeSaulnier (email): (510) 620-1000 DC: (202) 225-2095; 440 Civic Center Plaza, 2nd Floor, Richmond, CA 94804
  • Rep. Barbara Lee (email): (510) 763-0370 DC: (202) 225-2661; 1301 Clay Street #1000N, Oakland CA 94612
  • Rep. Eric Swalwell (email): (510) 370-3322 DC: (202) 225-5065; 3615 Castro Valley Blvd., Castro Valley CA 94546

March 2019 Meeting with Alameda4Impeachment & Rep. Lee Staff

By Rosemary Jordan

On March 14, 2019, members of Alameda4Impeachment, including Indivisible East Bay members, met with Representative Barbara Lee’s congressional aide Jain Thapa to discuss Speaker Nancy Pelosi’s recent comments about impeachment in the context of the growing list of potentially impeachable offenses.

We opened the 45-minute meeting by thanking Rep. Lee for her strong support to impeach the President, including but not limited to her cosponsoring H.Res. 621 in the last Congress. Mr. Thapa confirmed that Rep. Lee continues to unequivocally support impeachment.

We discussed a range of topics related to the scope of the Special Counsel probe vs. the potential scope of an impeachment inquiry, and we supplied articles to Mr. Thapa explaining that the risks of further delays to a professionally-led inquiry should be of primary concern to all House members.

Among the other topics we covered:

  • Hearing Procedure: we discussed that the House Oversight & Judiciary hearings to date have been hamstrung by the five-minute interval questioning approach and by the absence of professional counsel. We shared with Mr. Thapa that professionally facilitated hearings would improve the public’s understanding of the facts. We urged him to share with Rep. Lee that her leadership role offers her a opportunity to shape committee procedures.
  • Risks of Corruption on Public Safety & Global Reputation: we reviewed the tragedy of the Ethiopian Air crash and explored how cronyism between the President and the Boeing CEO has the world community so concerned that they sent the black boxes to France for analysis, rather than to the U.S.
  • Concerns About the Peaceful Transition of Power: we discussed our fears that an optimistic outlook on 2020 is overblown – just as Trump’s chances in 2016 were misunderstood. We further shared our increasing concerns that the President will not accept the 2020 election results if they’re unfavorable to him. Given the ongoing and unaddressed attacks on our democracy (through social media manipulation and other tactics) and possible intrusions into our election systems, we shared our sense of urgency to investigate claims that our President is actively abetting these intrusions.

We closed by sharing two requests with Mr. Thapa:

  1. That Rep. Lee write a letter to Rep. Nadler, Chair of the House Judiciary Committee, asking him to immediately begin a formal inquiry, with public hearings, on the issue of impeachment. The hearings would focus on whether evidence exists to support impeachment, and if so, making a record of such evidence and, if warranted, drafting articles of impeachment.

    2.  We requested an in-person meeting with Rep. Lee in the East Bay during the current Congressional recess to discuss our first request, and also to get her views on the current status of and prospects for impeaching the President.

Rosemary Jordan is Co-Founder of Alameda4Impeachment, a registered Indivisible group and a partner in the Citizens Impeachment Coalition, which includes representatives of cities, towns and counties nationwide (including four in the East Bay) that have passed local Impeachment resolutions. Rosemary also serves on the Steering Committee of All Rise Alameda and is co-leader of the End The Tampon Tax In California campaign. She has over 20 years of professional experience in healthcare and aging.

Repeal the Hyde Amendment for EACH Woman

In 1973, abortion was legalized throughout the US in Roe v. Wade. A short three years later, low-income women all over the country effectively had that right put out of reach by the Hyde Amendment, which prohibited federal Medicaid funding for almost all abortion services. The Hyde Amendment has been an impenetrable fortress in Congress year after year. But this might be the year it finally falls – thanks in large part to Members of Congress from the East Bay.

The Equal Access to Abortion Coverage in Health Insurance (EACH) Woman Act would in effect overturn the Hyde Amendment. In the House, H.R. 771 is sponsored by Representative Barbara Lee, who first introduced it in 2015. Our other East Bay Representatives, Eric Swalwell and Mark DeSaulnier, have signed on as cosponsors. The bill was introduced in the Senate on March 12, 2019 as S. 758, with Senator Kamala Harris as an original sponsor. Senator Feinstein is not yet a cosponsor – however, she has a long history of being pro-choice. (IEB is talking to Sen. Feinstein’s staff about her position on the legislation and we’ll update this article as soon as we have any news.)

As the fact sheet about the EACH Woman Act says:

1. First, it sets up the federal government as a standard-bearer, ensuring that every woman who receives care or insurance through the federal government will have coverage for abortion services. The EACH Woman Act restores abortion coverage to those:

  • enrolled in a government health insurance plan (i.e., Medicaid, Medicare), including those who live in the District of Columbia;
  • enrolled in a government-managed health insurance program (i.e., FEHBP, TRICARE) due to an employment relationship; or
  • receiving health care from a government provider or program (i.e., Indian Health Services, the Federal Bureau of Prisons, the Veterans Administration).

2. Second, it prohibits political interference with decisions by private health insurance companies to offer coverage for abortion care. Federal, state and local legislators will not be able to interfere with the private insurance market, including the insurance marketplaces established by the Affordable Care Act, to prevent insurance companies from providing abortion coverage.

Said Senator Harris:

No woman should ever be denied her fundamental reproductive rights. The Hyde amendment disproportionately targets the most vulnerable populations. I’m proud to co-sponsor the EACH Woman Act, protecting reproductive rights and increasing access to critical health care for all women.

And Rep. Lee:

No woman should be denied the full spectrum of reproductive health care because of her zip code or income level – yet that is the reality for too many low-income women and women of color. The EACH Woman Act ensures that every woman is empowered to make critical decisions about her own pregnancy – and has coverage for all pregnancy-related health care, including abortion – regardless of her financial situation. I am proud to reintroduce this bill with the support of my colleagues and the trailblazing women leading the fight for reproductive justice around the country.

This push for pro-choice, pro-woman legislation is good news indeed. And the timing couldn’t be better, coming hard on the heels of the decision of the Sixth Circuit in Planned Parenthood of Greater Ohio v. Hodges that the state can cut funding to Planned Parenthood because the organization performs abortions. That decision was handed down by six judges, four of whom were appointed by the Current Occupant. Boys and girls, in case you haven’t figured it out by now – this is why voting matters.

What you can do:

You better believe that the anti-choice forces will be screaming about the EACH Woman Act, and will have their members screaming at all the cosponsors. Our MoCs need to hear from us that they’re doing the right thing. Thank them and tell them that part of the reason you support them is that they are pro-choice – and you want them to be proactive about it!

What to say:

For Senator Harris:

My name is ___, my zip code is ___, and I’m a member of Indivisible East Bay. Thank you for sponsoring S. 758, the EACH Woman Act. We need this legislation to overturn the Hyde Amendment. I support you because you’re pro-choice and I want you to keep being a leader to improve reproductive rights and make things better for women in California and throughout the U.S.

For Senator Feinstein:

My name is ___, my zip code is ___, and I’m a member of Indivisible East Bay. I want Senator Feinstein to cosponsor S. 758, the EACH Woman Act. We need this legislation to overturn the Hyde Amendment. I support Sen. Feinstein because she’s pro-choice and she’s been a strong advocate for women’s rights and reproductive rights. I hope she will sign on to S. 758 very soon.

For Representative Lee:

My name is ___, my zip code is ___, and I’m a member of Indivisible East Bay. Thank you for sponsoring H.R. 771, the EACH Woman Act. We need this legislation to overturn the Hyde Amendment. I support you because you’re pro-choice and I want you to keep being a leader to improve reproductive rights and make things better for women in California and throughout the U.S.

For Reps. Swalwell and DeSaulnier:

My name is ___, my zip code is ___, and I’m a member of Indivisible East Bay. Thank you for cosponsoring H.R. 771, the EACH Woman Act. We need this legislation to overturn the Hyde Amendment. I support you because you’re pro-choice and I want you to be a leader to improve reproductive rights and make things better for women in California and throughout the U.S.

  • Sen. Dianne Feinstein: (email); (415) 393-0707 • DC: (202) 224-3841
  • Sen. Kamala Harris: (email); (415) 981-9369 • DC: (202) 224-3553
  • Rep. Mark DeSaulnier: (email); (510) 620-1000 • DC: (202) 225-2095
  • Rep. Barbara Lee: (email); (510) 763-0370 • DC: (202) 225-2661
  • Rep. Eric Swalwell: (email); (510) 370-3322 • DC: (202) 225-5065

Dumpster Fire’s Budget: $8.6 B for the wall, slash social services

One thing we can say for the Dumpster Fire-in-Chief: he doesn’t give up. OK, we could say more, but let’s stick with that for the moment. He doesn’t give up. His budget for 2020 is out, and he’s still at it with the damn funding for the damn Wall. 8.6 billion dollars, to be specific, which as Reuters points out is “more than six times what Congress allocated for border projects in each of the past two fiscal years, and 6 percent more than Trump has corralled by invoking emergency powers this year.” The budget also includes “an overall 5 percent increase to the Department of Homeland Security budget over fiscal 2019 appropriations, including $3.3 billion, or 22 percent more, for Customs and Border Protection, and $1.2 billion more for Immigration and Customs Enforcement, a 16 percent hike, officials said.”

Where’s that money gonna come from?

Check out the horrifying chart in this article from the Center on Budget and Policy Priorities.

Our Members of Congress have already spoken out: Senator Feinstein released a statement; Senator Harris posted several tweets, and appeared in a Newsweek article; Representatives DeSaulnier, Swalwell and Lee all tweeted in opposition to the budget.

What you can do:

It’s true that Congress rarely approves a presidential budget, but our Members of Congress need our support as they take strong stands in opposition to Trump’s budget and its disgusting priorities. Thank them for what they’ve done, and tell them to keep fighting!

  • Sen. Dianne Feinstein: (email); (415) 393-0707 • DC: (202) 224-3841
  • Sen. Kamala Harris: (email); (415) 981-9369 • DC: (202) 224-3553
  • Rep. Mark DeSaulnier: (email); (510) 620-1000 • DC: (202) 225-2095
  • Rep. Barbara Lee: (email); (510) 763-0370 • DC: (202) 225-2661
  • Rep. Eric Swalwell: (email); (510) 370-3322 • DC: (202) 225-5065

What to say:

My name is ____, my zip code is ____ and I’m a member of Indivisible East Bay. I am appalled by Trump’s budget for 2020 – $8.6 billion for the wall, more money for homeland security, keeping tax cuts for the rich and a huge deficit but slashing the EPA and social services. I want to thank _____ for speaking out against the budget, and I want _______ to continue to speak out against it. Our budget should prioritize taking care of our environment and our people, especially those most in need.

 

Bring the Resolution (for a Green New Deal)

You may have heard since our last post on the Green New Deal that we now have a pair of resolutions in the House and the Senate “Recognizing the Duty of the Federal Government to enact a Green New Deal”! To keep the Green New Deal on our policy agenda, call your representatives and urge them:

  • to vote for the resolutions if they have the chance, and
  • to keep pushing for legislation to eliminate greenhouse gas emissions, create jobs in our growing green economy, and support all communities and workers through the transition.

See the call scripts at the end of this post; read on for an update on the Green New Deal resolutions and other, related legislation, and what the Republicans are doing in response.

Senate Resolution 59, introduced February 7th, and House Resolution 109, introduced February 8th, are identical resolutions that in some form include all of the Green New Deal features we’ve described in our previous blog posts: to achieve net-zero greenhouse gas emissions, create jobs and ensure economic security for all people, invest in sustainable infrastructure, secure a clean and healthy environment, and promote justice and equity for Indigenous peoples, people of color, immigrants, rural communities, and other groups experiencing discrimination or disinvestment. In response, Senate Majority Leader Mitch McConnell introduced Senate Joint Resolution 8 as a trolling attempt to to sow division among Democrats who have differing policy views on how to address the climate crisis. S.J.Res.8 – which has the best shot at getting a vote this Congress of the three resolutions – contains the same text as the Democrats’ resolutions, but could, if it passed both houses, theoretically go to the President for his signature, unlike the Democrats’ simple resolutions.

To achieve the ends of the GND, the resolution text describes a 10-year “national mobilization,” including a long list of goals and projects that range from investment in climate resiliency projects to overhauling the transportation system to cleaning up hazardous waste sites to promoting international technology exchange. The resolution plans to achieve these goals through “transparent and inclusive consultation” with affected communities and workers, training and education, research and development of renewable energy technologies, creation of jobs with family-sustaining wages, and enacting and enforcing rules and regulations to protect workers and the environment.

The resolutions recommend concrete, achievable, affordable, and necessary solutions. Two economists writing for Forbes argue that increased taxes on the wealthiest people and increased borrowing are safe, sustainable, and effective funding sources, and that our economy has the capacity to increase productivity enough to provide jobs for all those who want one. Research efforts have identified detailed solutions for reducing greenhouse gas emissions and reaching 100% renewable energy in the US. Experts agree that the technology already exists to achieve the Green New Deal’s environmental goals.

While we definitely want to go out dancing to celebrate this awesome step towards addressing climate change, and while we support these pieces of legislation and urge our Members of Congress to vote for them, we also want to point out that these are resolutions, not bills. They are symbolic statements of position or intent by the voting chamber; they do not require any action once passed, and will not lead to concrete change without further legislative action. In essence, the resolutions are an important first step, and since they’re a symbolic gesture without any commitment of resources, they allow our representatives to show support for the big ideas that we need in order to tackle climate change, while leaving debates over the details for a later discussion. As Vox climate writer David Roberts put it, the resolutions aren’t intended to serve as a policy blueprint, but are “a prelude to two years of intense policy development” – so Democrats should unite around the Green New Deal’s goals, which means supporting them even in the form of McConnell’s S.J.Res.8  if and when it comes up for a vote.

We in the East Bay are fortunate that our MoCs have solid pro-environment track records. However, our Senators and Representatives all have nuances in their policy approach and varied areas of interest for climate action. See what they say and how they vote below (NOTE: All vote scores are based on the League of Conservation Voters Lifetime National Environmental Scorecard).

What you can do:

Call your Members of Congress NOW and keep calling! We don’t know yet if or when a vote on the Green New Deal will be held, so we need to keep the pressure on.

What to say:

For Sen. Feinstein:

My name is ____, my zip code is ___, and I’m a member of Indivisible East Bay. I want to thank the Senator for her continued and vocal support of federal action on climate change, and for returning donations that violated her No Fossil Fuel Money pledge. I also want the Senator to vote in favor of the Green New Deal resolution, not just vote “Present.” Climate change is the most urgent challenge of our time, and supporting the Green New Deal would demonstrate that the Senator understands the kind of action we need to take to prevent catastrophic levels of global warming.

For Sen. Harris:

My name is ____, my zip code is ___, and I’m a member of Indivisible East Bay. I’m calling to thank Senator Harris for co-sponsoring Senate Resolution 59 in support of a Green New Deal.  This is an important first step that we need to take in order to address the current climate crisis. I want the Senator to continue to publicly push for a Green New Deal, to talk with her colleagues to encourage their support, and to pressure the Senate leadership to put this resolution up for a vote.

For Reps. DeSaulnier, Lee and Swalwell:

My name is ____, my zip code is ___, and I’m a member of Indivisible East Bay. I’m calling to thank Representative ________ for co-sponsoring House Resolution 109 in support of a Green New Deal. This is an important first step that we need to take in order to address the current climate crisis. I want Representative ________ to continue to publicly push for a Green New Deal, to talk with (her/his) colleagues to encourage their support, and to pressure the House leadership to put this resolution up for a vote.

  • Sen. Dianne Feinstein: (email); (415) 393-0707 • DC: (202) 224-3841
  • Sen. Kamala Harris: (email); (415) 981-9369 • DC: (202) 224-3553
  • Rep. Mark DeSaulnier: (email); (510) 620-1000 • DC: (202) 225-2095
  • Rep. Barbara Lee: (email); (510) 763-0370 • DC: (202) 225-2661
  • Rep. Eric Swalwell: (email); (510) 370-3322 • DC: (202) 225-5065

Your East Bay MoCs and the Green New Deal

 Sen. Dianne FeinsteinSen. Kamala HarrisRep. Mark DeSaulnierRep. Barbara LeeRep. Eric Swalwell
Supports the Green New Deal?In spirit, yes, but she she has her own draft resolution (on hold for now).

Cosponsor of S.Res.59

Cosponsor of H.Res.109

Cosponsor of H.Res.109

Cosponsor of H.Res.109
What have they said?Feinstein is a solid supporter of science, and says “Climate change policy should always be based on objective science and never on politically biased panels.”

Read Feinstein’s latest statement here.
Harris has made a clear statement of support on GND in her most recent Medium Post.

NOTE: Equity must be at the center of environmental policy for Harris, as noted when we went to visit her in DC.
No public statement on the GND.

DeSaulnier has prioritized protecting fuel efficiency standards & promoting zero-emissions vehicles.
“We must take action on climate change — now.”

Lee was an earlier supporter of the GND, and supported a proposal for a Select Committee for the GND.
“I am working to encourage innovation in the field of renewable energy and energy conservation.”

Check out his strong track record from previous sessions of Congress.
How have they voted on environmental legislation?*90%
Pro-🌍
100%
Pro-🌍
99%
Pro-🌍
96%
Pro-🌍
95%
Pro-🌍
*Note: All vote scores are based on the League of Conservation Voters Lifetime National Environmental Scorecard

Elizabeth Douglas and Sylvia Chi contributed to this article.

Photograph “Green New Deal Presser” © Senate Democrats 

Repeal the AUMF, NOW

Deadline: Before we bomb anywhere else –

After 9/11, Congress enacted Authorizations for Use of Military Force (AUMF) to retaliate against Al Qaeda and to wage war in Iraq. Congress never intended those AUMFs to be open-ended blank checks for presidents to create or pursue wars on their own; yet 18 years later, they are still being used as the legal pretext for American combat operations in close to 20 nations around the world. Young men and women not even born when those AUMFs were enacted are now fighting the endless wars the AUMFs have spawned – all in violation of the Constitution and the War Powers Act of 1973, which require an Act of Congress for the country to enter into war.

And now the Trump administration is threatening to start new wars against Iran and Venezuela. Tell our Members of Congress: It’s time to call a halt to all of these endless wars. Read on for what you can do; more background follows the call scripts and contact info.

What you can do:

On February 14, 2019, Representative Barbara Lee introduced H.R. 1274, a bill which would repeal the 2001 AUMF. Rep. Mark DeSaulnier has cosponsored it; Rep. Eric Swalwell has not. There is no similar legislation in the Senate to date. Tell your Members of Congress that you want them to:

  • take all appropriate action to repeal previous AUMFs,
  • halt/oppose US military intervention taken without Congressional authorization, and
  • reject the administration’s assertion that the AUMFs permit Trump to order further military strikes without Congressional authorization.

What to say:

For Representative Barbara Lee, email; (510) 763-0370 • DC: (202) 225-2661

My name is ___________,  my zip code is _______ and I am a member of Indivisible East Bay. I want to thank Rep. Lee for introducing H.R. 1274 to repeal the 2001 AUMF, and I hope she will also introduce a bill to repeal the 2002 AUMF. I also want Rep. Lee to publicly reject the administration’s claims that the AUMFs provide a legal basis for military action or intervention against Iran, Venezuela, or anywhere else, without specific congressional authorization.

For Representative Mark DeSaulnier, email; (510) 620-1000 • DC: (202) 225-2095

My name is ___________,  my zip code is ________ and I am a member of Indivisible East Bay. I want to thank Rep. DeSaulnier for cosponsoring HR. 1274 to repeal the 2001 AUMF, and I hope he will also introduce and support legislation to repeal the 2002 AUMF. I also want Rep. DeSaulnier to publicly reject the administration’s claims that the AUMFs provide a legal basis for military action or intervention against Iran, Venezuela, or anywhere else, without specific congressional authorization.

For Representative Eric Swalwell, email; (510) 370-3322 • DC: (202) 225-5065

My name is ___________,  my zip code is ___________ and I am a member of Indivisible East Bay. I want Rep. Swalwell to co-sponsor and vote for HR. 1274 to repeal the 2001 AUMF, and also to introduce and support legislation to repeal the 2002 AUMF. I also want Rep. Swalwell to publicly reject the administration’s claims that the AUMFs provide a legal basis for military action or intervention against Iran, Venezuela, or anywhere else, without specific congressional authorization.

For Senators Feinstein and Harris:

My name is ___________,  my zip code is _________ and I am a member of Indivisible East Bay. I want Senator ____ to introduce and support legislation similar to H.R.1274 to repeal the  2001 AUMF, and also to introduce and support legislation to repeal the 2002 AUMF. I also want the Senator to publicly reject the administration’s claims that the AUMFs provide a legal basis for military action or intervention against Iran, Venezuela, or anywhere else, without specific congressional authorization.

  • Sen. Dianne Feinstein: (email); (415) 393-0707 • DC: (202) 224-3841
  • Sen. Kamala Harris: (email); (415) 981-9369 • DC: (202) 224-3553

Background:

Immediately after the 9/11 attacks in 2001, Congress enacted an AUMF that instructed the President:

to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons …

At the time this was commonly understood to authorize military action against Al Qaeda and against the Taliban in Afghanistan and possibly Libya and Somalia – and nowhere else.

In 2002, Bush-II convinced Congress to enact another AUMF, authorizing military force to overthrow the government of Saddam Hussein. This led to the Second Iraq War; it has been used to justify U.S. military operations that continue in Iraq to the present day, and  the American military presence in Syria.

According to a 2016 report by the Congressional Research Service, in the intervening 16 years these two AUMFs were cited 37 times in connection with military actions in 14 countries and on the high seas. Since that report was written in 2016, they continue to be cited as the legal basis for military intervention around the world, with U.S. military personnel deployed and equipped for combat in Afghanistan, Cameroon, Central African Republic, Congo, Djibouti, Egypt, Iraq, Jordan, Kenya, Libya, Niger, Somalia, South Sudan, Syria,  Turkey, Uganda, and Yemen. The AUMF has even been cited by the Department of Justice as authority for engaging in electronic surveillance of Americans in ACLU v. NSA – without obtaining a warrant of the special court as required by the Constitution.

Under the U.S. Constitution and the War Powers Act, enacted in 1973 to prevent another undeclared war like Vietnam, only Congress can declare war – yet our country is involved in armed interventions against an ever-increasing number of organizations, factions, and clans, at great and increasing cost in lives and treasure. Now it could get worse, as some of the war hawks in the Trump administration seem to be signaling a plan to claim that the AUMF provides a legal basis for U.S. military strikes against Iran without further congressional authorization. Military strikes against Iran would be a huge, and possibly catastrophic escalation with unforeseeable consequences. Meanwhile, Trump is asserting his willingness to intervene militarily in Venezuela to overthrow the current government and install one that he favors – exactly the kind of unilateral presidential adventurism the War Powers Act was enacted to prevent.

Enough. Too much. We need to keep this from spreading, and more: we need to withdraw the authority already granted before further damage is done. We need to repeal the AUMFs, NOW.

Tell our MoCs: no raiding the budget for wall funding

Our Members of Congress have been consistent opponents of Trump’s efforts to increase militarization of our country’s southern border. But on February 14, all of them other than Senator Kamala Harris voted for H.J. Res. 31, providing $1.375 billion for border “fencing,” rejecting Democrats’ demands to limits on funding for immigrant detention funding for ICE, and – perhaps most dangerously – setting no bounds on Trump’s ability to take funds granted to the Department of Homeland Security, the Department of Housing and Urban Development, or the Army Corps of Engineers, and use those funds instead to build his border wall.

Please thank Senator Harris and put the others on notice that now that we’ve won the House, control of immigration detention funding is not something to compromise on. Read on for more info; call scripts and contact info below.

We get it – no one wanted to be responsible for another government shutdown. But as we said in our action blog post last week, the threat of shutting down the government if H.J.Res. 31 failed was a false choice, and our MoCs should not have caved to the administration’s bullying. And we can of course hope for the best but we are sincerely disappointed if any of our MoCs who voted for this plan actually believe that this administration will “ensure … the humane treatment of immigrants.”

We are thankful this is the first time since ICE was created In 2002 that a new spending bill didn’t increase its funding and that “the deal” only affects Customs and Border Patrol funding at ports of entry. But we are done settling for stopping things from getting worse. We elected a Democratic House of Representatives to make things better and going forward we expect our representatives not just to rein in, but also to cut spending on harmful immigration enforcement.

The semi-good news is that there’s always something down the road, and in this case it’s a short road. In less than three weeks, the president’s Office of Management and Budget will release the president’s budget. We expect plenty of horrible funding requests on all sorts of issues, including requests for yet more “border security” and yet more detention funding. We want our MoCs to reject these, and we want them to go further – we want them to revoke “reprogramming and transfer authority” for all agencies that Trump is commandeering for this war on immigrants and asylum seekers. Specifically, we want our MoCs to vote to prohibit Trump from taking money allocated to the Department of Homeland Security, Health and Human Services, the Department of Defense, or any other agencies, and using it for his wall and inhumane immigration policies. Congress must seriously examine why there is so much slop in the system that these agencies can have billions – in some cases over $6 billion – that can be reprogrammed and transferred, in defiance of Congressional appropriations authority.

What you can do: Contact your Members of Congress

For Sen. Kamala Harris (415) 981-9369 • DC: (202) 224-3553:

My name is ____, my zip code is ____, and I’m a member of Indivisible East Bay. Thank you for voting against H.J.Res. 31. I’m very disappointed that so many Democrats agreed to a spending deal that didn’t cut funding for detention beds and didn’t limit DHS’s ability to use money Congress designated for other purposes as a slush fund for its harmful immigration enforcement policies. I hope Senator Harris stands firm and works to make sure that next year’s bill does both those things.

For Sen. Feinstein and all three Reps:

My name is ____, my zip code is ____, and I’m a member of Indivisible East Bay. I’m very disappointed that the Democrats agreed to a spending deal that didn’t cut funding for detention beds and didn’t limit DHS’s ability to use money Congress designated for other purposes as a slush fund for its harmful immigration enforcement policies. I want ______ to work to ensure that next year’s bill does both those things.

  • Sen. Dianne Feinstein: (415) 393-0707 • DC: (202) 224-3841
  • Rep. Mark DeSaulnier: (510) 620-1000 • DC: (202) 225-2095
  • Rep. Barbara Lee: (510) 763-0370 • DC: (202) 225-2661
  •  Rep. Eric Swalwell: (510) 370-3322 • DC: (202) 225-5065

 

No Nukes, Two Ways

Deadline: Before the world blows up – The good news: some of our Members of Congress are trying hard to keep the U.S. from getting into a nuclear war. The not so good news: some are missing in action. Your mission: thank the first group, tell the second to get in line.

1. Hold the LYNE

Actually, you can tell them to get in LYNE: specifically, the bicameral Hold the LYNE (Low-Yield Nuclear Explosive) Act, which would prohibit research, development, production, and deployment of low-yield nuclear warheads for submarine-launched ballistic missiles. This is crucial for our national security: These nuclear weapons have the potential to lower the threshold for using nuclear weapons and thus increase the risk of entering the U.S. into nuclear war. The administration has already started the process of converting some of our existing stockpiles to low-yield warheads, with plans for delivery to the Navy as early as September of this year. We have time to stop this program.

Representative Barbara Lee is an original cosponsor of the Hold the LYNE Act in the House, as is Senator Dianne Feinstein in the Senate. However, Reps. Mark DeSaulnier and Eric Swalwell, and Senator Kamala Harris have not yet spoken up. Please thank Rep. Lee and Sen. Feinstein, and ask Sen. Harris – and Rep. DeSaulnier or Swalwell, if you are a constituent – to step up. Their contact info is at the bottom of this article.

What to say:

For Senator Feinstein and Representative Lee:

My name is ____, my zip code is ____, and I’m a member of Indivisible East Bay. Thank you for cosponsoring the Hold the LYNE Act. I agree that low-yield nuclear weapons increase the chance that the U.S. could enter into a nuclear war. I want legislation that puts a stop to their research, development, production, and deployment.

For Senator Harris and Reps. DeSaulnier and Swalwell:

My name is ____, my zip code is ____, and I’m a member of Indivisible East Bay. I want _____ to cosponsor the Hold the LYNE Act. I believe that low-yield nuclear weapons increase the chance that the US could enter into a nuclear war. I want legislation that puts a stop to their research, development, production and deployment. I hope that ____ speaks out soon.

2. No first use of nukes!

We’ve been asking Senator Harris since 2017 to cosponsor S. 200, which would prohibit the conduct of a first-use nuclear strike absent a declaration of war by Congress. Senator Feinstein has cosponsored this bill, as she cosponsored similar bills in previous legislative sessions. Sen. Harris is, to put it bluntly, MIA. We don’t know why. We can’t think of a good reason.

In addition, Democrats led by Adam Smith in the House and Elizabeth Warren in the Senate have introduced H.R.921/S.272 – The No First Use Act. The House version has not yet been cosponsored by any of our Representatives; the Senate version has been cosponsored by Sen. Feinstein but not by Sen. Harris.

What to say:

For Senator Feinstein:

My name is ____, my zip code is ____, and I’m a member of Indivisible East Bay. Thank you for cosponsoring S. 200 and S. 272. It’s incredibly important to prohibit the first use of nuclear weapons without a declaration of war by Congress. I appreciate your cosponsorship of S. 200 this session and in the past, and now of the No First Use Act.

For Senator Harris:

My name is ____, my zip code is ____, and I’m a member of Indivisible East Bay. I want Senator Harris to cosponsor  S. 200. It’s incredibly important to prohibit the first use of nuclear weapons without a declaration of war by Congress. I don’t understand why Senator Harris has not cosponsored this bill this session or in the past. I hope she does so very soon. I also want her to cosponsor S. 272, the No First Use Act.

For Reps. Lee, DeSaulnier and Swalwell:

My name is ____, my zip code is ____, and I’m a member of Indivisible East Bay. I want Rep. _____ to cosponsor H.R. 921. It’s incredibly important for the President not to be able to authorize first use of nuclear weapons without a declaration of war by Congress. We need legislation to keep this from happening.

How to reach them:

  • Sen. Dianne Feinstein: (email); (415) 393-0707 • DC: (202) 224-3841
  • Sen. Kamala Harris: (email); (415) 981-9369 • DC: (202) 224-3553
  • Rep. Mark DeSaulnier: (email); (510) 620-1000 • DC: (202) 225-2095
  • Rep. Barbara Lee: (email); (510) 763-0370 • DC: (202) 225-2661
  • Rep. Eric Swalwell: (email); (510) 370-3322 • DC: (202) 225-5065

No Boots No Beds No Wall

Action Deadline – ASAP: Tell Your MoCs to Reject a Budget Deal that Expands ICE and Funds Trump’s Border Wall

As the clock ticks down to another government shutdown, negotiations on the federal budget funding deal continue, with Senate leaders saying on February 11 that they reached a tentative agreement including $1.375 billion for border “barriers,” including 55 miles of new fencing. Unacceptably, the deal also excludes Democrats’ demands to limit immigrant detention funding for ICE. House Democrats must stay strong and reject any additional funding that will allow Trump to tear more families apart.

Let’s be clear: we don’t want another shutdown. But, as Indivisible National put it:

choosing between protecting immigrants and keeping the government running is a false choice—especially with Democrats in control of the House. This bill goes too far in fueling Trump’s deportation force, even if it technically doesn’t have funding for a concrete wall. Congress still has time to pass a clean, year-long continuing resolution (CR), that would keep the government open, and that wouldn’t expand Trump’s deportation machine any further.

Please tell your Members of Congress that we demand a bill that keeps the government open with NO new funding for:

  • Beds: In two years, Trump has dramatically expanded the number of immigrants being incarcerated. In President Obama’s last year in office, 34,000 immigrants were in ICE detention. Now the number is close to 50,000—far above the 40,500 for which Congress had authorized funding. How can ICE detain more people than Congress has authorized? Because DHS uses their transfer and reprogramming authority to effectively steal money from other programs, such as FEMA, to jail more immigrant families. It is Congress’s responsibility to end this financial shell game and add strict limits on DHS Secretary’s transfer and reprogramming authority.
  • Boots: Negotiators are considering giving Trump more Homeland Security Investigation (HSI) agents. Don’t be fooled. HSI agents are ICE agents — and funding for HSI agents is funding for Trump’s anti-immigrant agenda. ICE HSI agents conduct highly militarized worksite raids. The National Immigration Law Center has a great resource with more information on HSI agents here. Congress must NOT increase HSI’s funding — it must cut it and prohibit HSI from arresting workers, while conducting this type of “papers, please” enforcement. 
  • Trump’s racist wall: Negotiators are currently considering including $1.375 billion for border wall funding, which will devastate local communities, as private land is seized using eminent domain, just so Trump can fulfill his hateful campaign promise to build his racist wall along the southern border. It’s critical to keep up the pressure on our Members of Congress and tell them NOT ONE PENNY for Trump’s hateful wall. There must also a policy rider to prevent Trump from using an emergency declaration to transfer and reprogram Defense Dept funding for wall construction. 

 

What you can do:

Call to Action: Ask your senators and House rep to reject any funding deal that expands ICE’s power, funds Trump’s border wall, and maintains DHS’s ability to “reprogram” money to ICE.

What to say:

My name is ___, my zip code is ___, and I’m a member of Indivisible East Bay. I’m asking ____ to reject the current working budget deal in favor of a bill that keeps the government open with NO new funding for increased detention beds, additional ICE agents, or Trump’s racist wall. Please don’t give in to threats of a shutdown and don’t let our country be held hostage. Please support ONLY a clean budget deal, and place strict limits on reprogramming and transfer authority!

Senators (please call both):

  • Sen. Dianne Feinstein: (415) 393-0707 • DC: (202) 224-3841
  • Sen. Kamala Harris: (415) 981-9369 • DC: (202) 224-3553

House of Representatives (please call your Rep only):

  • Rep. Mark DeSaulnier (CA-11_: (510) 620-1000 • DC: (202) 225-2095
  • Rep. Barbara Lee (CA-13): (510) 763-0370 • DC: (202) 225-2661
  • Rep. Eric Swalwell (CA-15): (510) 370-3322 • DC: (202) 225-5065

Clap back at the wall

Deadline: February 15, 2019 and keep going – Clap if you can hear me, and tell our Members of Congress to keep it up: No wall, no use of military funds for the wall, no further immigrant detention and border militarization, no bargaining to keep the government open.

Leader Dearest talked and talked and the message was: if you aren’t nice to me about the Wall and immigration, I’m gonna keep on tantrumming. Yeah, nope. We want our Members of Congress to keep right on standing up to him: no funding for the wall, no militarizing the border or jailing more immigrants. No more separating families.

What to do:

Please thank our senators for their votes against the wall, and ask them to continue to vote against all additional funding for ICE, CBP, or wall construction; stronger accountability for DHS; and restricting the administration’s ability to use its transfer and reprogramming authority to treat DHS funding as a slush fund to increase detention programs and invest in ineffective and inhumane policies.

On the front lines, Representative Barbara Lee is on the bipartisan committee that is in charge of writing the Dept. of Homeland Security bill to avert another shutdown. The committee has a deadline of February 15. And Senator Kamala Harris is one of the original cosponsors of a new bill, the ‘‘Restrictions Against Illegitimate Declarations for Emergency Re-appropriations Act of 2019’’ (‘‘RAIDER Act of 2019’’), which would block the administration from using military funds to build the wall without Congressional authorization.

What to say:

To Senator Harris (email); (415) 981-9369 • DC: (202) 224-3553

My name is ____, my zip code is _____, and I’m a member of Indivisible East Bay. I want to thank Senator Harris for opposing funding for the border wall and for cosponsoring the RAIDER Act of 2019. I hope she’ll continue to oppose all additional funding for ICE, CBP, wall construction, or any form of border militarization.

To Sen. Feinstein (email); (415) 393-0707 • DC: (202) 224-3841

My name is ____, my zip code is _____, and I’m a member of Indivisible East Bay. I want to thank Senator Feinstein for opposing funding for the border wall. I hope she’ll continue to oppose all additional funding for ICE, CBP, wall construction, or any form of border militarization.

To Rep. Lee (email); (510) 763-0370 • DC: (202) 225-2661:

My name is ____, my zip code is _____, and I’m a member of Indivisible East Bay. I want to thank Rep. Lee for opposing funding for the border wall. I’m asking her to continue to vote against all additional funding for ICE, CBP, or wall construction. I hope she’ll also support stronger accountability for DHS. And we need to keep the administration from using its transfer and reprogramming authority as a way to treat DHS as a slush fund to increase inhumane detention programs. And I hope she will do everything possible on the bipartisan committee to keep the government open without giving into the administration’s demands for this kind of funding.