- President Donald Trump reportedly plans to announce an executive order aimed at social media companies on Thursday, after Twitter issued its first-ever fact check warning on one of his posts.
- The order is expected to target a 1996 statute that, among other things, allows Big Tech companies to remove content they find “objectionable,” all without any legal ramifications.
- That statute has been widely controversial on both sides of the aisle.
- Twitter CEO Jack Dorsey has also responded to Trump’s criticism against the platform, saying Twitter will continue to issue fact check warnings on misleading posts related to elections around the world.
Trump Announces Executive Order Plans
President Donald Trump took aim at social media companies via an executive order on Thursday as part of an escalating feud with Twitter.
The incident began on Tuesday when Trump posted two tweets regarding mail-in ballots. Shortly afterward, Twitter issued a fact check warning on both tweets.
In those tweets, the president continued to press the idea that mail-in ballots will lead to massive voter fraud—even though the majority of experts disagree.
He also made the claim that California Governor Gavin Newsom plans to send mail-in ballots to everyone living in the state, “no matter who they are or how they got there. Notably, that is not true. Newsom plans to send ballots only to registered voters.
After receiving the label, Trump lashed out against Twitter, saying it was stifling free speech and that he would “strongly regulate” or even “close down” social media platforms.
Now, it seems Trump’s executive order, which was announced Wednesday evening from White House Press Secretary Kayleigh McEnany, plans to target a 1996 statute that shields Big Tech companies from liability for their users’ content.
That’s because this statute also contains a section, Section 230, that allows platforms to remove material they find “objectionable,” all without being treated like a publisher or speaker.
Because of this, Trump and many other Republicans have repeatedly accused social media platforms of having an anti-conservative bias either by getting rid of or invalidating conservative viewpoints.
“These platforms act like they are potted plants when [in reality] they are curators of user experiences, i.e. the man behind the curtain for everything we can see or hear,” a Trump administration official told Politico.
That official went on describe the order as broad and high level, saying it will address claims that Big Tech companies are cherry-picking what content to allow or block instead of acting as politically neutral platforms..
Jack Dorsey Defends Fact Check Labels
Despite this looming order, Twitter CEO Jack Dorsey defended the warning over Trump’s tweets, saying those tweets “may mislead people into thinking they don’t need to register to get a ballot (only registered voters receive ballots).”
Per our Civic Integrity policy (https://t.co/uQ0AoPtoCm), the tweets yesterday may mislead people into thinking they don’t need to register to get a ballot (only registered voters receive ballots). We’re updating the link on @realDonaldTrump’s tweet to make this more clear.— jack (@jack) May 28, 2020
Dorsey added that Twitter will continue to issue fact check warnings.
“Fact check: there is someone ultimately accountable for our actions as a company, and that’s me,” he said. “Please leave our employees out of this. We’ll continue to point out incorrect or disputed information about elections globally. And we will admit to and own any mistakes we make.”
“This does not make us an ‘arbiter of truth,’” he added. “Our intention is to connect the dots of conflicting statements and show the information in dispute so people can judge for themselves. More transparency from us is critical so folks can clearly see the why behind our actions.”
Dorsey specifically used the phrase “arbiter of truth” to hit back at Facebook CEO Mark Zuckerberg, who told CNBC Wednesday that social media companies should not regulate political speech.
“I don’t think Facebook or internet platforms in general should be arbiters of truth,” Zuckerberg said. “I think that’s kind of a dangerous line to get down to in terms of deciding what is true and what isn’t, and I think political speech is one of the most sensitive parts in a democracy, and people should be able to see what politicians say, and there’s a ton of scrutiny already. Political speech is the most scrutinized speech already by a lot of the media.”
Zuck repeats “arbiter of truth” line this AM but says “there are lines.”— Alex Thompson (@AlxThomp) May 28, 2020
“if you’re saying that something is a cure to a disease, that’s proven to be a cure but it’s not…we’ll take that down no matter who says that”
Notes they took down Bolsonaro postpic.twitter.com/9ye4nMNkHL
How Much Power Does Trump Have?
Without congressional action, Trump’s power is limited, it’s also not unlikely to think that Congress could act.
That 1996 statute and Section 230 have been widely controversial on both sides of the aisle. While he’s not in Congress, earlier this year, former Vice President Joe Biden said that Section 230 should be revoked.
Senator Josh Hawley (R-MO) said on Wednesday that he plans to introduce legislation to “end these special government giveaways” and that Twitter “should be divested of its special status under federal law.”
“Why should @twitter continue to get special treatment from government as a mere distributor of other people’s content if you are going to editorialize and comment like a publisher? Shouldn’t you be treated like publisher?” Hawley said
Representative Matt Gaetz (R-FL) also announced plans to propose similar legislation in the House.
Still, legislation like this will likely face opposition.
In October, we saw Republican Representative Cathy McMorris Rodgers said, “I want to be very clear: I’m not for gutting Section 230.”
“It’s essential for consumers and entities in the internet ecosystem,” she added. “Misguided and hasty attempts to amend or even repeal Section 230 for bias or other reasons could have unintended consequences for free speech and the ability for small businesses to provide new and innovative services.”
Additionally, Senator Richard Blumenthal (D-CT) has essentially blamed Trump and other Republicans of playing political theater with these fact check labels.
“Whatever the credible criticisms of current law, Trump’s demagogic meat-ax attack is exactly wrong,” he said. “He intimidates free speech & imperils responsible reform. It’s condemnable.”
Feds Investigate Classified Files Found in Biden’s Former Office
The documents reportedly include U.S. intelligence memos and briefing materials that covered topics such as Ukraine, Iran, and the United Kingdom
What Was in the Files?
President Biden’s legal team discovered about 10 classified files in his former office at the Penn Biden Center for Diplomacy and Global Engagement in Washington D.C., the White House revealed Monday.
The Department of Justice has concluded an initial inquiry into the matter and will determine whether to open a criminal investigation.
According to a source familiar with the matter who spoke to CNN, they include U.S. intelligence memos and briefing materials that covered topics such as Ukraine, Iran, and the United Kingdom.
A source also told CBS News the batch did not contain nuclear secrets and had been contained in a folder in a box with other unclassified papers.
The documents are reportedly from Biden’s time as vice president, but it remains unclear what level of classification they are and how they ended up in his office.
Biden kept an office in the. Penn Biden Center, a think tank about a mile from the White House, between 2017 and 2020, when he was elected president.
On Nov. 2, his lawyers claim, they discovered the documents as they were clearing out the space to vacate it.
They immediately notified the National Archives, which retrieved the files the next morning, according to the White House.
What Happens Next?
Attorney General Merrick Garland must decide whether to open a criminal investigation into Biden’s alleged mishandling of the documents. To that end, he appointed John Lausch Jr., the U.S. attorney in Chicago and a Trump appointee, to conduct an initial inquiry.
Garland reportedly picked him for the role despite him being in a different jurisdiction to avoid appearing partial.
Lausch has reportedly finished the initial part of his inquiry and provided a preliminary report to Garland.
If a criminal investigation is opened, Garland will likely appoint an independent special counsel to lead it.
The case mirrors a similar DoJ special counsel investigation into former President Donald Trump’s alleged mishandling of classified materials and obstruction of efforts to properly retrieve them.
On Nov. 18, Garland appointed Jack Smith to investigate over 300 classified documents found at Trump’s Florida residence, Mar-a-Lago.
Trump resisted multiple National Archives requests for the documents for months leading up to the FBI’s raid on his property, then handed over 15 boxes of files only for even more to be found still at Mar-a-Lago.
“When is the FBI going to raid the many houses of Joe Biden, perhaps even the White House?” Trump wrote on Truth Social Monday. “These documents were definitely not declassified.”
Rep. James Comer (R-KY), the new chairman of the House Oversight Committee, told reporters he will investigate the Biden files.
Republicans have been quick to pounce on the news and compare it to Trump’s classified files, but Democrats have pointed out differences in the small number of documents and Biden’s willingness to cooperate with the National Archives.
The White House has yet to explain why, if the files were first discovered six days before the midterm elections, the White House waited two months to reveal the news to the public.
See what others are saying: (CNN) (The New York Times) (BBC)
Lawmakers Propose Bill to Protect Fertility Treatments Amid Post-Roe Threats
The move comes as a number of states are considering anti-abortion bills that could threaten or ban fertility treatments by redefining embryos or fetuses as “unborn human beings” without exceptions for IVF.
The Right To Build Families Act of 2022
A group of Democratic lawmakers introduced a bill Thursday that would codify the right to use assisted reproductive technologies like in-vitro fertility (IVF) treatments into federal law.
The legislation, dubbed the Right To Build Families Act of 2022, was brought forward by Sens. Tammy Duckworth (D-Il) and Patty Murray (D-Wa.) alongside Rep. Susan Wild (D- Pa.). The measure would bar any limits on seeking or receiving IVF treatments and prohibit regulations on a person’s ability to retain their “reproductive genetic materials.”
The bill would also protect physicians who provide these reproductive services and allow the Justice Department to take civil action against any states that try to limit access to fertility treatments.
The lawmakers argue it is necessary to protect IVF because a number of states have been discussing and proposing legislation that could jeopardize or even ban access to the treatments in the wake of the Roe v. Wade reversal.
“IVF advocates in this country today are publicly telling us, ‘We need this kind of legislation to be able to protect this,’” Murray told HuffPost. “And here we are after the Dobbs decision where states are enacting laws and we have [anti-abortion] advocates who are now starting to talk, especially behind closed doors, about stopping the right for women and men to have IVF procedures done.”
Fertility Treatments Under Treat
The state-level efforts in question are being proposed by Republican lawmakers who wish to further limit abortions by redefining when life begins. Some of the proposals would define embryos or fetuses as “unborn human beings” without exceptions for those that are created through IVF, where an egg is fertilized by a sperm outside the body and then implanted in a uterus.
For example, a bill has already been pre-filed in Virginia for the 2023 legislative session that explicitly says life begins at fertilization and does not have any specific language that exempts embryos made through IVF.
Experts say these kinds of laws are concerning for a number of reasons. In the IVF process, it is typical to fertilize multiple eggs, but some are discarded. If a person becomes pregnant and does not want to keep the rest of their eggs. It is also normal that not all fertilized eggs will be viable, so physicians will get rid of those.
Sometimes doctors will also implant multiple fertilized eggs to increase the likelihood of pregnancy, but that can result in multiple eggs being fertilized. In order to prevent having multiple babies at once and improve the chance of a healthy pregnancy, people can get a fetal reduction and lower the number of fetuses.
All of those actions could become illegal under proposals that do not provide exemptions.
“In my case, I had five fertilized eggs, and we discarded three because they were not viable. That is now potentially manslaughter in some of these states,” said Duckworth, who had both of her daughters using IVF.
“I also have a fertilized egg that’s frozen. My husband and I haven’t decided what we will do with it, but the head of the Texas Right to Life organization that wrote the bounty law for Texas has come out and specifically said he’s going after IVF next, and he wants control of the embryos,” Duckworth added.
In a hearing after Roe was overturned, Murray also raised concerns about “whether parents and providers could be punished if an embryo doesn’t survive being thawed for implantation, or for disposing unused embryos.”
Experts have said that even if anti-abortion laws defining when life begins do provide exceptions, it would be contradictory and confusing, so providers would likely err on the side of caution and not provide services out of fear of prosecution.
“[Abortion bans] are forcing women to stay pregnant against their will and are, at the very same time, threatening Americans’ ability to build a family through services like IVF,” Murray said in a statement to Axios. “It’s hard to comprehend, and it’s just plain wrong.”
The federal legislation to combat these efforts faces an uphill battle. It is unlikely it will be passed in the last few days of lame duck session, and with control of Congress being handed to Republicans come January, movement in the lower chamber will be hard fought.
Duckworth, however, told Axios that she will keep introducing the legislation “until we can get it passed.”
Hundreds of Oath Keepers Claim to Be Current or Former DHS Employees
The revelation came just weeks after the militia’s founder, Stewart Rhodes, was convicted on seditious conspiracy charges for his involvement in the Jan. 6 insurrection.
An Agency Crawling With Extremists
Over 300 members of the far-right Oath Keepers militia group claim to be current or former employees at the Department of Homeland Security, the Project on Government Oversight (POGO) reported Monday.
The review appears to be the first significant public examination of the group’s leaked membership list to focus on the DHS.
The agencies implicated include Border Patrol, Coast Guard, Immigration and Customs Enforcement, and the Secret Service.
“I am currently a 20 year Special Agent with the United States Secret Service. I have been on President Clinton and President Bush’s protective detail. I was a member and instructor on the Presidential Protective Division’s Counter Assault Team (CAT),” one person on the list wrote.
POGO stated that the details he provided the Oath Keepers match those he made in a sworn affidavit filed in federal court.
The finding came just weeks after Oath Keepers founder Stewart Rhodes was convicted on seditious conspiracy charges for his involvement in the Jan. 6 insurrection.
“Law enforcement agents who have associations with groups that seek to undermine democratic governance pose a heightened threat because they can compromise probes, misdirecting investigations or leaking confidential investigative information to those groups,” POGO said in its report.
In March, the DHS published an internal study finding that “the Department has significant gaps that have impeded its ability to comprehensively prevent, detect, and respond to potential threats related to domestic violent extremism within DHS.”
Some experts have suggested the DHS may be especially prone to extremist sentiments because of its role in policing immigration. In 2016, the ICE union officially endorsed then-candidate Donald Trump for president, making the first such endorsement in the agency’s history.
The U.S. Government has a White Supremacy Problem
Copious academic research and news reports have shown that far-right extremists have infiltrated local, state, and federal law enforcement agencies.
In May, a Reuters investigation found at least 15 self-identified law enforcement trainers and dozens of retired instructors listed in a database of Oath Keepers.
In 2019, Reveal from The Center for Investigative Reporting found that almost 400 current or former law enforcement officials belonged to Confederate, anti-Islam, misogynistic or anti-government militia Facebook groups.
The Pentagon has long struggled with its own extremism problem, which appears to have particularly festered in the wake of the U.S. invasions of Iraq and Afghanistan.
Nearly one in four active-duty service members said in a 2017 Military Times poll that they had observed white nationalism among the troops, and over 40% of non-white service members said the same.
The prevalence of racism in the armed forces is not surprising given that many of the top figures among right-wing extremist groups hailed from the military and those same groups are known to deliberately target disgruntled, returning veterans for recruitment.
Brandon Russell, the founder of the neo-Nazi group AtomWaffen, served in the military, as did George Lincoln Rockwell, commander of the American Nazi Party, Louis Beam, leader of the KKK, and Richard Butler, founder of the Aryan Nation.
In January, NPR reported that one in five people charged in federal or D.C. courts for their involvement in the Capitol insurrection were current or former military service members.