Law Symposium Exposes Weaknesses of Anti-Terrorist Guidelines for Nonprofits

A recent Pace Law Review Symposium, “Anti-Terrorist Financing Guidelines: The Impact on International Philanthropy,” highlighted the need for changes in the government guidelines and increased transparency of the reasons behind government decisions to shut down several Muslim charities accused of financing terrorists. The U.S. Treasury Department published the guidelines, which have been widely criticized, in November 2002.

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ACLU Files Info Request on Government Spying on Nonprofits

The Dec. 1 issue of USA Today reports the American Civil Liberties Union (ACLU) has filed Freedom of Information Act requests to learn the extent of “surveillance, questioning and interrogation” of people associated with activist groups and individuals traveling to and from the Middle East. The request focuses on the activities of anti-terrorist task forces in ten states, including Arizona, California, Colorado and Texas.

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AU Sues to Block Funding for California Missions

On Dec. 2, Americans United for Separation of Church and State (AU) filed a lawsuit in federal court to block taxpayer funding for restoration of mission churches in California. The suit charges that the recently passed “California Missions Preservation Act” is tantamount to taxpayer-supported religion. The bill, signed by President Bush on Nov. 30, requires the Secretary of the Interior, currently Gale Norton, to make grants of up to $10 million to the California Missions Foundation to repair the missions and their artifacts. Many of these artifacts are religious symbols and artwork.

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Reclamation Officials Withhold Dam Safety Information

The Bureau of Reclamation refuses to disclose safety details about the Jackson Lake Dam to a county official trying to verify his county is out of harm’s way. The Teton County Commissioner, Bill Paddleford, wants the information as part of the area’s emergency planning, which includes the city of Jackson.

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Sage Grouse Recommendation Follows Data Quality Challenge

A data quality challenge recently filed by an industry group may have influenced government officials’ recommendation that the greater sage grouse not be listed as an endangered species. The Partnership for the West is a coalition of organizations, which support a largely anti-environment agenda and receive support from corporations like Dow Chemical.

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Center Sues FERC Over Restricted Energy Information

The Center for Public Integrity (CPI) has filed a lawsuit against the Federal Energy Regulatory Commission (FERC), claiming the agency illegally blocked access to documents relating to liquefied natural gas (LNG) facilities throughout the country.

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Saving Graces on Intelligence Reform Bill

In a surprising move, congressional and White House negotiators agreed on intelligence reform legislation that created no major victories for the public interest but could have been much worse for open government and environmental protection near the nation’s borders. The final bill still keeps secret the total intelligence budget, which the Washington Post estimated to be approximately $40 billion. The 9/11 Commission had pushed Congress to catalyze stronger public oversight of the government’s intelligence activities by disclosing the total annual budget.

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DHS Pushes Secrecy on the Hill

The Department of Homeland Security (DHS), which has been strongly criticized for its overuse of secrecy and lack of transparency, is now pushing to lock down information among congressional offices. DHS officials have asked congressional aides to sign nondisclosure agreements that would prohibit them from publicly disclosing information from DHS even though the information is unclassified.

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Congress Strips Offending Tax Provision, Passes Omnibus Bill

Last week Congress reconvened for a second lame duck session. They succeeded in stripping controversial tax language from the bill and on Dec. 8 the President finally signed it, officially bringing the much delayed FY 2005 appropriations process to a close. The omnibus bill combines nine appropriations bills Congress was unable to finish working on before the end of the fiscal year, along with thousands of provisions and riders.

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Wealthy Congressmen Support Estate Tax

The estate tax, one of the most progressive tax policies in America, only currently affects the wealthiest 2 percent of Americans. Yet contrary to personal self interest, many members of Congress are not basing their position on the issue on their own pocketbooks. In his recent article in Tax Notes, Martin Sullivan made the ironic observation that on average, the more wealthy members of Congress, many of whom would be substantially taxed under the estate tax, are fighting the Bush administration’s attempts at repeal.

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