It’s been nine months since police brutalized protesters demonstrating against the war in Gaza outside the Washington headquarters of the Democratic National Committee. Now, as tens of thousands of protesters are set to march next week on the party’s national convention in Chicago, protesters attacked during the D.C. crackdown are suing the police.
Nine plaintiffs are named in the suit against Metropolitan Police and U.S. Capitol Police, brought by the nonprofit civil rights legal group Civil Rights Corps. (Neither the D.C. police nor the Capitol Police immediately responded to requests for comment.)
At the November 15 protest last year, hundreds of protesters, including a coalition of multiracial and interfaith groups, held a candlelight vigil with one candle representing every person killed in Gaza at the time. Demonstrators projected messages calling for peace on the building housing the DNC headquarters.
The suit alleges that police responded by strangling protesters with their own keffiyehs, physically and sexually assaulting protesters, including throwing at least one person down a set of stairs, and using carcinogenic chemical weapons.
Israeli forces have trained Metropolitan Police Department cops and Capitol Police, and the tactics police used against protesters in D.C. were not unlike the violence waged by Israeli forces against Palestinian-led protest movements, said Sumayya Saleh, senior attorney at the Civil Rights Corps.
“We see the parallels between the use of brute force to repress free speech and particularly to repress the expressions of solidarity with Palestine,” Saleh said. “And we know historically that the tactics of brutality that police in the United States, including MPD and Capitol Police, use are emblematic of the types of force that the Israeli military and police use.”
The timing of the suit ahead of next week’s convention in Chicago is significant not just for its symbolism, said Sam Rise, a plaintiff who alleged they were pushed down the stairs during the protests. Almost a year after the fact, the call for a permanent ceasefire in Gaza has only grown stronger, they said, with hopes that Vice President Kamala Harris, the presumptive Democratic nominee, would listen.
“We have a red line, whether the Democratic Party has a red line or not,” Rise said. “Right now there are tens of thousands of uncommitted voters that Kamala Harris needs to win this election. And the issue for us on the table is a ceasefire and an arms embargo, and we’re not alone. The acceleration of this demand is only going to continue.”
Beyond the pressure on Harris to heed demands of uncommitted voters, the suit also brings attention to the fact that responding to protests with violence is undemocratic and illegal, said Kiah Duggins, an attorney at Civil Rights Corps.
“Brutally trampling protests is unacceptable,” Duggins said. “Siccing police on people who are expressing their First Amendment rights and have specific policy asks of their elected officials is unacceptable. It’s both violent and morally unacceptable, but it’s also undemocratic and legally unacceptable.”
The suit calls for the court to recognize that police violated protesters’ civil rights in the course of the response to protests at the DNC headquarters, asking for monetary relief for damages suffered as a result of the crackdown. The only MPD officer named in the suit is Cmdr. Jason Bagshaw,identified in the filings as one of the leaders orchestrating MPD’s response to the protest. Last July, Bagshow shot and killed a Black man while he was off-duty. He was never charged for the killing and remains on the force.
The November protests were not the first time MPD was accused of violating First Amendment rights. The Council of the District of Columbia issued a report in 2022 that highlighted the discrepancy in MPD and USCP’s nonviolent responses to other kinds of protests, including peacefully escorting white supremacist protesters, while they attacked protesters demonstrating against police brutality in 2020.
“The onus is on the state to protect people’s First Amendment rights, not on the protesters,” Duggins said. “We’ve seen that the state is capable of protecting protesters’ First Amendment rights.”
The police response to the November protests at the DNC headquarters were part of a pattern of militarization of protests in support of Palestinian rights that has carried through the police crackdowns on college and university encampments for Gaza this spring, Saleh said. “They’re literally singing and chanting and projecting messages uplifting the sanctity of life. They came with this beautiful message of peace, and immediately upon arriving at the protest, Capitol Police and MPD responded with brute force.”
Democratic officials and police put out inaccurate information about the protests that was used to distort the narrative of the evening’s events, CRC attorneys said. Rep. Brad Sherman, D-Calif., tweeted that he was evacuated after “pro-terrorist, anti-Israel protesters grew violent.” Sherman thanked Capitol Police for getting him out safely. Semafor reporter David Weigel fact-checked the narrative and noted that protesters blocked entrances but did not try to storm the DNC offices.
“It’s part of a long-standing practice of people in authority distorting the facts to serve their interests or their agendas,” Saleh said. “They said these things in order to justify the level of absolutely unprovoked violence that they used on that night.”
The Democratic National Convention is expected to bring tens of thousands of people to the streets of Chicago pressing the party to make substantive policy changes to stop Israel’s destruction of Gaza, said Ahmad Abuznaid, executive director of the U.S. Campaign for Palestinian Rights.
“We will defend our right to march on the DNC and against any institution complicit in the genocide of Palestinians in Gaza,” Abuznaid said.
If Democrats continue to ignore protesters, it will be at their own peril, Rise, the plaintiff, said. “To dismiss us or erase us as myopic is going to be the biggest mistake that the Democratic National Committee could make in 2024.”
Body camera footage from a police officer who responded to the assassination attempt on former President Donald Trump last month in Pennsylvania shows the intra-cop quarrels in the immediate aftermath of the attack.
The video shows the officer with the body camera running through a field toward a building in the area where shots had been fired at Trump. He passes someone holding a Trump flag and keeps running through a parking lot, his gun flashing in the periphery of his camera.
“Is he hit?” he asked another officer standing outside the building.
They replied, “I’m not sure.”
Video footage from body cameras on Butler Township Police Department officers, obtained by The Intercept, shed light on the chaos among law enforcement officials responding to the assassination attempt. The videos confirm previous reporting that a lack of communication and coordination between federal, state, and local police led to confusion at the rally and reflected insufficient preparation. The Butler police, for their part, had not had a chief for a month leading up to the attack.
The footage also shows in real time law enforcement officials’ frustration in the moments just after the shooting and provides insight into how police respond in emergencies and how little they are actually able to do in an active shooter situation. The videos document the frantic nature of the response, including police asking minutes after gunfire erupted why no officers were posted on the building used by the shooter.
Additional body camera footage shows one officer telling his colleagues minutes after the shooting that he warned the Secret Service well ahead of the rally to post agents at the building used by the shooter. Other video footage from the immediate aftermath shows a sergeant making phone calls to make sure that his family and children, who had attended the rally, got out OK.
In a statement to The Intercept, Secret Service spokesperson Anthony Guglielmi said the agency was aware that local police had released the footage and reiterated its support for local agencies that supported the response on the day of the rally.
“The U.S. Secret Service is aware of and reviewing the bodycam footage from July 13 that was recently released by local law enforcement,” he said. “The attempted assassination of former President Donald Trump was a U.S. Secret Service failure, and we are reviewing and updating our protective policies and procedures in order to ensure a tragedy like this never occurs again.” (Butler Township Police did not immediately respond to a request for comment.)
“I Fucking Told the Secret Service”
The moments just after police encountered the shooter and later, the moment of gunfire, unfolded amid chaos as officers from different agencies scrambled to try to get onto the roof.
One Butler Township police officer started to help other law enforcement teams climb onto a plastic shed to access the roof, cupping his hands to boost them up amid worries that the shed would collapse. Eventually, a ladder was found. Soon after they realized the shooter had already been taken down, the officers started coming down off the roof.
At least 8 minutes after the gunfire, a Secret Service agent walked up to the back of the building where the police officers were standing.
“Is the shooter down?” he asked. “I don’t want to split hairs here, but is he a ‘shooter’? Did he have a weapon?” the Secret Service agent asked, using air quotes around the word “shooter.”
“That was the report,” the Butler police officer responded.
A few minutes later, as police teams scattered around the building debriefed on what happened, two Butler officers and the Secret Service agent stood looking at the storage shed. “Is that how he got up?” one police officer asked. “I have no idea,” the other said. The Secret Service agent used the ladder to go up on the roof.
“I fucking told them they need to post the guys fucking over here,” the first officer said to his colleague. “I told them that — the Secret Service — I told them that fucking Tuesday. I told them to post fucking guys over here.”
“I thought you guys were on the roof?” the other cop responded.
“No, we’re inside.”
The officer walked around the building and encountered another officer. “I wasn’t even concerned about it because I thought someone was on the roof,” the other officer said. “I thought that’s how we — like how the hell can you lose a guy walking back there if someone was on the roof?”
“Why were we not on the roof?” another officer is heard asking.
“Because I thought we were gonna post guys over here,” the first officer said. “I talked to the Secret Service guys and they were like, ‘Yeah, no problem, we’re gonna post guys over here.’” The officers repeatedly discussed how the shooter might have accessed the roof.
Other video from the minutes before, during, and after the shooting shows a police officer notifying other officers that there is someone on the roof of the building. The Butler Township Police Department redacted sound from the video clip so it’s unclear what he says to the officers. He pointed to the roof, and two other officers ran around the side of the building to get a better view.
The first officer walked back into the parking lot to get a line of sight to the top of the roof before returning back to the corner of the building and training his gun on the roof. A few minutes later, the Beaver County Emergency Services Unit team arrived on the scene and tried to access the building.
The police opened the door to the building as emergency services officers entered to discuss the situation with SWAT members already on the scene. One SWAT officer said that an officer who climbed onto the roof suffered lacerations on his hands from the ladder and might need minor stitches. (Emergency services team members told ABC News last month that they were supposed to meet with the Secret Service on-site when they arrived before the rally, but that the meeting never took place.)
“What the fuck,” the officer said again, partially to himself. He walked up to another emergency services team member and pulled him close. He lowered his voice and told the first responder again that he had warned the Secret Service to post people at the site the shooter accessed.
“I fucking told the Secret Service, post a fucking guy over here,” he said. “I told them that fucking at the meeting Tuesday.”
As a group of officers gathered and discussed what happened, the first officer turned off his body camera.
“My Kids Were in There”
Another clip from a sergeant’s body cam shows him yelling at bystanders to clear the scene just minutes after the shooting. Witnesses told him they saw the shooter go down. He relayed the information over his radio: “I have witnesses that think that he is down, but we have not confirmed.” The sergeant panted as he walked around asking other bystanders if they needed a medic. After he confirmed that one suspect was down, he radioed that they needed to secure the rest of the area.
Then, the sergeant called a woman. “Get the fuck out of there, I’m OK. Get out of there,” he said. “Get everybody together and get out of there and get in the house, and I am OK.”
A few minutes later, he made another call to ask someone to check on his children after he sent them home from the rally. He added that he hadn’t been able to get hold of his brother and that law enforcement wasn’t sure if there were other shooters on the scene.
“My kids were in there,” he yelled to another officer. “They got separated, I’m trying to get them home.”
After it was clear that the shooter was down, officers started discussing how to handle the mass of people rushing away from the scene of the rally. The sergeant radioed to ask if there were any patrol dogs available.
“Just for standby, any area would be great. I don’t know what this crowd’s gonna do,” he told the person on the radio.
Another officer drove up and handed him a bottle of water. “Holy fuck, dude,” the sergeant said. The second officer told him to sit in the squad car where there was air conditioning.
“I’m good, man,” he said, before turning off his body camera.
Amid the brutal police crackdowns at more than 100 campus protests against the war in Gaza the spring, one university in California stood out for its especially harsh treatment of student protesters. The school effectively eliminated any due process for the students by suspending them without making specific allegations of misconduct or allowing the students to respond to vague charges.
Last month, student protesters at University of California, Irvine sued the school regents and chancellor for suspending them without any notice or a chance to present evidence in their defense. On Tuesday, plaintiffs in the suit filed a motion to ask the Superior Court of California to step in.
The five students are asking the court to force the school to halt the suspensions and allow students to resume their studies, register for fall classes, go back to campus jobs, and regain access to campus housing.
More than 3,000 people were arrested during brutal police crackdowns on campus protests this year, according to a protest tracker developed by The Appeal. UCI is still an outlier — it’s one of the only schools in the country that issued interim suspensions banning students from campus before they had a chance to respond. The university’s approach was, a representative for the students said, unprecedented.
“That’s outrageous — that’s not how due process is supposed to work.”
“That’s outrageous — that’s not how due process is supposed to work,” said Thomas Harvey, an attorney representing the students in the suit. “They seem to be punishing our clients with a method that not only is unprecedented in UCI’s use in terms of responses to protests or student conduct issues, but also it stands out as unusual among the entire UC system.”
Tom Vasich, a spokesperson for UCI, said, “The university does not comment on lawsuits.”
At least two of the students were prohibited from graduating in the spring because of the suspensions. They will eventually have to take and pay for another semester of classes but are still barred from registering for courses for the upcoming fall semester.
The UCI chapter of Students for Justice in Palestine also received an interim suspension. SJP chapters at schools around the country have been targeted under bans and suspensions in crackdowns on campus protests. SJP at UCI was also told as a result of the suspension that the club could not post on their own Instagram page.
Students suspended at UCI this spring received notices from the school that listed no specific allegations against them but said they were present at protests where the school claimed that violations of campus policy had allegedly occurred.
The students said they were not given an opportunity to have a hearing on the claims against them or to present evidence in their defense before the suspension went into effect. Students who received the suspension notices were told that they could not attend classes in person or online, access student housing, or be on campus at all, effective immediately.
Interim suspensions have never been used in this way at UCI or at any other schools in the UC system, said Harvey, the plaintiffs’ attorney.
“You think about the draconian ways they cracked down on dissent at UCLA, and UCLA still hasn’t used interim suspensions to punish their students,” he said. “They’re not saying, ‘You can’t come on campus indefinitely until we resolve your student conduct hearing,’” he added. “They’re not issuing the punishment in advance of the hearing, which is what they’re doing at UCI.”
Students are hurting emotionally, financially, and otherwise. But the suspensions haven’t discouraged them from speaking out against the war on Gaza.
“This is nothing but a scare tactic to intimidate and shake our resolve,” one of the student plaintiffs, who requested anonymity to avoid reprisals, told The Intercept. “The university hopes to shift our attention away from our demands for divestment. But these suspensions are not going to deter us from fighting for the liberation of Palestine. If anything, it’s strengthening our resolve.”
No Due Process
When a student at UCI is accused of violating school policy, they go through a student conduct process before any kind of punishment is meted out.
In this case, however, students were punished with interim suspensions before any evidence against them was presented, according to Harvey and another faculty member who supported the students. None of the suspended students have yet been adjudicated to have violated any student conduct rules. That decision is pending and will be made at the resolution of ongoing student conduct processes. While that proceeds, the students are stuck in limbo.
Students who received suspensions notices were notified that they could appeal their suspensions by setting up a meeting with a school administrator. Students met with the chancellor to appeal their suspensions but were not presented with specific evidence against them, according to Harvey and two members of the UCI faculty who spoke to The Intercept. After the meetings, the vice chancellor issued decision letters upholding their suspensions.
Students were told they’d get an update on the process at the beginning of the summer, but said they have not gotten any information on where the process stands.
The UCI faculty senate and graduate student body have sent signals to the administration that their treatment of student protesters is unacceptable. In June, the UCI Associated Graduate Students passed a vote of no confidence against the chancellor.
School faculty also proposed a resolution to censure the chancellor for calling 22 different law enforcement agencies to confront students during protests, which violates UC policies on what circumstances justify calling in outside police.
The resolution narrowly failed, but another motion to launch an independent investigation of the handling of the police response did pass. And a motion criticizing how the administration has handled interim student suspensions, demanding an investigation into the suspension process, and calling for the suspensions to be lifted also passed.
“The suspensions happened immediately and it was without any due process. In my view, the chancellor clearly violated UCI procedures and UC procedures,” said Cecelia Lynch, a professor of political science at UCI who is part of an ad hoc faculty group, Faculty and Staff for Justice in Palestine, that organized after October 7 to support students facing disciplinary action for participating in peaceful campus protests. “The students however, had no due process and were all charged in the student conduct hearing with the same evidence — were all given the same evidence — which is not according to procedure.”
“I would just draw attention to that irony,” she said, “of the chancellor not taking any responsibility and not having any punitive action against him. But the students have already had severe punitive action, including being made homeless temporarily. And now they’re facing additional charges as well as potentially criminal charges. So it is quite a contrast in terms of accountability.”
“Almost all of the UCs have reacted badly and several of them extremely violently. Our campus was apparently the worst, unfortunately.”
Hundreds of faculty members attended three meetings that each spanned more than two hours. There was widespread disagreement about the encampments and the school’s response. However, faculty were aligned in their concerns about the ramifications for speech on campus and transparency of the administration’s decisions, said Annie McClanahan, associate professor of English, chair of the Irvine Faculty Association, and part of FSJP.
“On the interim suspensions and the issue of the student conduct process, there was really near unanimous agreement,” she said, citing agreement with an ACLU of Southern California amicus brief in support of the students on Wednesday.
While none of the UC schools handled the protests well, said Lynch, UCI’s response has been particularly noteworthy. “Almost all of the UCs have reacted badly and several of them extremely violently,” she said. “Our campus was apparently the worst, unfortunately.”
History of Crackdowns
UCI has a history of cracking down on protests, including the Irvine 11, a group of students who interrupted a campus speech by the Israeli ambassador to the U.S. in 2010. The students were arrested and later charged and convicted of conspiracy to disrupt a public meeting.
The school has also tried to break up other protests, including those in solidarity with the United Auto Workers strike. UCI’s treatment of protests in support of Palestine, however, stands out for its brutality, the suspended student said.
“We’ve seen student encampments happen throughout history as well, and it’s always been in the form of anti-war and it’s always been pro-people. And it’s always been challenging the university as an imperialist institution. Particularly with the UC system, we’re seeing a mass militarization across all the UCs,” they said. “It’s in particular because this is so pro-Palestine. And in terms of UCI history, this is not the first time they’ve done something like this to repress student voices speaking up for Palestine.”
Student protesters expected this kind of crackdown and haven’t been distracted from their goal, they said.
“All the students did not go into the encampments thinking they would be safe from the university,” the student told The Intercept. “They understood that whatever we face, it’s nothing compared to what Palestinians are facing on the ground.”
Missouri Democratic Rep. Cori Bush narrowly lost the Democratic congressional primary on Tuesday against St. Louis prosecutor Wesley Bell, a challenger backed by the leading pro-Israel lobbying group, the American Israel Public Affairs Committee. The race was AIPAC’s second targeted attack on a Squad member this cycle.
With roughly 95 percent of precincts reporting election results, Bush trailed by less than 6,000 of the 112,000 cast. The Associated Press called the race two hours after polls closed.
After spending more than $17 million to topple Rep. Jamaal Bowman, D-N.Y., in July, AIPAC shifted its focus toward ousting Bush. The group poured more than $8 million into the race to unseat Bush in less than two months.
Outside groups dumped $18.2 million into the race. Bell’s backers outspent groups supporting Bush roughly four to one. AIPAC’s super PAC spent $8.5 million backing Bell’s campaign. Democratic Majority for Israel PAC spent half a million and Major Democratic donor Reid Hoffman’s Mainstream Democrats PAC spent $1.5 million in support of Bell.
Justice Democrats and the Working Families Party spent just under $3 million in support of Bush
The infusion of cash made the race the fourth most expensive primary in House history, according to the Working Families Party.
AIPAC’s money was spent on voter engagement efforts and phone banking in addition to digital and mail ads. One of the mailers, first reported by The Intercept, included images that distorted Bush’s features. AIPAC also helped bundle at least two-thirds of Bell’s campaign haul, Sludge reported.
Bush was one of the first members of Congress to call for a ceasefire in Gaza, alongside Rep. Rashida Tlaib, D-Mich., the only Palestinian American member of Congress. Tlaib won her uncontested primary Tuesday after AIPAC’s efforts to recruit a challenger failed.
Bush was first elected in 2020 when she beat former Rep. William Lacy Clay in the Democratic primary by less than three points. The win marked a seismic shift in St. Louis politics and the end of the Clay dynasty, which represented the area for a half-century.
Bowman and Bush’s wins that year grew the incipient Squad from four to six, and, with the victories, progressives’ hopes for building a base in Congress that could work toward policies like Medicare for All, a Green New Deal, and criminal justice reforms.
Bell built his career as a reformer, elected as the first Black lead prosecutor in St. Louis County on a platform of police accountability and restorative justice reforms. He beat a three-decade incumbent who failed to indict the police officer who killed Michael Brown in 2014. Some prosecutors working in the office were so enraged by Bell’s win that they joined the police union.
In a phone call last summer, Bell promised Bush he would not run against her. At the time, he was running for the U.S. Senate in Missouri. As AIPAC beefed up its campaign last fall to oust Squad members over ceasefire calls, Bell abandoned the Senate run and entered the House race.
As the congressional race heated up, Bell’s critics in Missouri said he had failed to follow through on promises he made while campaigning for prosecutor. Civil rights groups published a report last month criticizing Bell’s office for failing to implement reforms and overseeing a steady rise in the jail population during his time in office. Others noted that while he campaigned on not seeking the death penalty, he let death penalty cases proceed without a challenge.
Bell’s critics have also complained about comments he made shortly after Brown’s killing in 2014 that downplayed the racial divide in Ferguson.
Three months after police officer Darren Wilson killed 18-year-old Michael Brown in Ferguson, Missouri, in 2014, setting off what became the Black Lives Matter movement, Wesley Bell — the current St. Louis prosecutor running to unseat Rep. Cori Bush — told a local news radio show that there wasn’t a strong racial divide in Ferguson.
Bell, who was serving as a municipal court judge and community college professor at the time, said he hoped Brown’s killing would “wake some people up” to get Black residents more engaged in their community and that the real “tragedy” of the situation was that the prosecutors hadn’t shared Wilson’s side of the story with the public, which was fomenting distrust in the process.
In Bell’s opinion, not releasing evidence that spoke to “the officer’s side of the story” was a mistake on the part of the prosecution. “To me that’s the tragedy of it — is that months later, I can’t even tell you whether I believe the officer should be indicted or not, because I don’t have the evidence,” Bell said.
Bell is now running with more than $8 million in backing from the American Israel Public Affairs Committee against Bush in the Democratic primary next week in Missouri’s 1st Congressional District. Bush rose to national prominence as a Black Lives Matter organizer in Ferguson. Bell was elected to Ferguson City Council in the first election following the surge of local protests, beating out a candidate supported by protester groups, and went on to unseat the St. Louis prosecutor, Bob McCulloch, whom he criticized in this interview for his handling of the Brown case.
Bell made the comments about Ferguson in November 2014 on the Nick Taliaferro Show, whichwent off the air in 2017. At the time, Bell was a municipal court judge in the small St. Louis suburb of Velda City, which was sued in 2015 in a federal civil rights case over running an unlawful bail system.
Brown’s killing wasn’t unique to Ferguson, Bell said during the radio segment. “These are issues that have been plaguing our country since the beginning of our country. So when I hear, ‘Well it’s just Ferguson, it’s just Ferguson,’ even in this area, it’s not just Ferguson. These issues have been happening all over our region, it’s just this particular one happened in Ferguson and that’s what’s been playing in the media.”
In the wake of Brown’s killing, there was a sense that the racial divide in Ferguson was comparable to that of Selma, Alabama, in the 1960s, Taliaferro said. “That’s just not the case,” Bell said. “In the United States, there is a racial divide. I think we agree with that. I’m saying, relatively speaking, Ferguson is not as bad.”
Ferguson’s racial divide was “less than normal,” Bell said, notwithstanding issues that still needed work, including diversity in the police force and government. But the need for accountability was “on both sides,” Bell said. “African Americans need to get more involved.” When he ran for a council seat, Black people weren’t involved in the political process, he said. “I’m hoping this wakes some people up.”
“That quote is pretty astonishing coming from not only a Black man in St. Louis but a Black man who lived in Ferguson and was a municipal court judge,” said Thomas Harvey, a civil rights lawyer who ran the nonprofit law firm in St. Louis that sued Velda City under Bell’s judgeship; Harvey is currently based in Los Angeles. “It’s also an indication of the deep racism in St. Louis that you could look at Ferguson and say, ‘It’s not that bad,’” Harvey said.
The Bell campaign commented on the 2014 interview in a statement. “Cori Bush and her allies are intentionally mischaracterizing Wesley’s comments,” wrote Anjan Mukherjee, a spokesperson for the Bell campaign. “In the interview, he was criticizing then-Prosecuting Attorney McCulloch for being secretive and not releasing the evidence on Wilson, a criticism he felt so strongly about, that he ultimately ran against McCulloch and beat him.”
Compared to other cities in Missouri at the time, it’s accurate to say that Ferguson was in the middle of the spectrum of unconstitutional practices and racist policing, according to Harvey. “It’s just that they were all so racist, it’s weird to hear someone say Ferguson wasn’t that bad. I think it’s actually indicative of how bad racism is in St. Louis overall and the whole region. What you’re doing is comparing it to the worst, most explicit forms of racism, and saying, that isn’t exactly happening in Ferguson.”
Arrest rates, police violence, stops, tickets, fines, and jailing were overwhelmingly disproportionately targeted against Black people living in Ferguson or passing through, Harvey said. “That is well known,” he added, and at the time, it was common knowledge.
Clients who lived in and near Ferguson would tell him that they wouldn’t travel to see friends and family around holidays because they didn’t want to get arrested and spend Thanksgiving or Christmas in jail, he said. Harvey said he used to work with pregnant women in St. Louis, many of whom didn’t want to drive to get prenatal care for the same reason. They arranged taxis instead.
“Wesley was a judge in a town where the exact same thing was happening,” Harvey said. The prevailing logic at the time was that it was better to have a Black judge who could empathize with the population even if the system was still operating in a racist way, Harvey said. “I think that just kind of reflects Wesley’s overall politics, which is, the system can still be racist, we can still be jailing people illegally, holding them for $50, exploiting them, destroying their lives, so long as there’s a sort of kinder, gentler person who is able to empathize with them when they come before the court.”
“That was really surprising to hear, especially that then it was 2014, after Mike Brown was murdered,” Harvey said. “This was common knowledge well before Mike Brown was murdered, and it was especially common knowledge among any Black person I met who lived in or around North County,” he said. “It’s just shocking to hear him say that. He must mean Ferguson isn’t the worst city in that region, and I agree, there are worse,” he said. “It’s hard to understand.”
Bell was elected St. Louis County prosecuting attorney against a three-decade incumbent with close ties to the local police. Bell waslauded as the first Black head prosecutor in the jurisdiction, someone who would champion the progressive reforms St. Louis had been pushing for since before Brown’s killing. Staff attorneys in the St. Louis prosecutors’ office were so angered by his win that they left the prosecutors union to join the local police union, The Intercept reported.
But Bell later disappointed supporters when he declined to charge Wilson in Brown’s killing after reviewing the case.
On the radio in 2014, Taliaferro asked Bell what he thought would happen if the grand jury decided not to indict Wilson. Bell said he didn’t think there was any chance Wilson would remain an officer in Ferguson, but that the “worst-case scenario” from a perspective of safety and unrest was if the grand jury decided not to indict. “There’s going to be some kind of violent response. It’s just a matter of how much. And obviously we’re all praying that it’s not a lot.” Bell said he believed in nonviolent protest “as opposed to violence.”
Last month as the race against Bush heated up, civil rights groups issued a report claiming that his office had not delivered on the reforms he promised on the campaign trail, and that the jail population had steadily climbed under his leadership.
“Wesley Bell has exposed himself as a fraud,” said Working Families Party spokesperson Ravi Mangla. “He’s running on being a Ferguson reformer, when it’s clear he couldn’t see the deep-lying issues in his own community.” WFP is backing Bush in the race.
Harvey, who was co-counsel on the suit over the bail system while Bell was judge in Velda City, said they would have sued Bell personally if they could have. “If judges didn’t have qualified immunity, we would have sued the judges in those cities,” he said.
“They’re very clearly participants in this system and know what’s happening, and are frequently the reason people are incarcerated,” Harvey said. “It’s ridiculous to think they don’t know. It’s impossible for Wesley Bell or any municipal court judge to say they didn’t know what was happening.”
All eyes are on Minnesota Gov. Tim Walz, who’s emerged as a leading contender for Kamala Harris’s vice presidential pick for the 2024 Democratic ticket. As the national spotlight focuses on Walz, critics have drawn attention to his decision to call the National Guard on protesters against police brutality in 2020. And now, Minnesota police are calling on Walz to remove a reform prosecutor from police use of force cases.
After Minneapolis police killed George Floyd in 2020, voters elected a reform prosecutor, Mary Moriarty, who promised to prosecute police misconduct and take a restorative justice approach to prosecution.
The letter to Walz sent Wednesday from the Minnesota Police and Peace Officers Association, a copy of which was obtained by The Intercept, asks the governor to remove Moriarty’s office from all past, present, and future police use of force cases. With a former prosecutor as the presumptive Democratic presidential nominee, this pressure on Walz brings to the fore the split within the Democratic Party over how to handle the demand for continued police and criminal justice reform, as conservatives and law enforcement push to undo the reforms that have been put in place.
The push against Moriarty isn’t unique to Minnesota. Critics of reform have moved to oust or restrict the authority of prosecutors in dozens of states as reformers started winning elections more frequently amid the growing push for criminal justice reform. Between 2017 and early 2023, more than 37 bills to remove or limit the power of reform prosecutors were introduced in 17 states. As of early 2023, that number grew to more than 53 measures in 26 states, including efforts to restrict the power of prosecutors who refused to charge people who sought abortions.
In the letter to Walz, MPPOA general counsel Imran Ali wrote that police were concerned about Moriarty’s handling of use-of-force cases and that the association had “deep concerns about the impartiality and bias” from Moriarty against law enforcement. He suggested that Attorney General Keith Ellison could handle the cases “with proper funding.” Ellison built his career on reform and was once an ally of Moriarty’s. Last year, he removed a case from Moriarty’s office in which she declined to charge two teenage brothers accused of murder as adults.
“There is no way County Attorney Moriarty can act without bias and be impartial,” Ali wrote. “A significant number of peace officers have reached out to me and are troubled and fearful of this county attorney handling any use of force matters.”
Moriarty’s critics in Minneapolis have been pushing to remove her from certain cases and oust her from the office since shortly after her term began in January 2023.
Last week, MPPOA filed an ethics complaint against Moriarty’s office for her handling of murder charges against a state trooper who killed a 33-year-old Black man, Ricky Cobb II, during a traffic stop last year. Moriarty’s office dropped the charges in June after the trooper’s defense team claimed that he was in fear for his partner’s life during the stop. Moriarty said the trooper used lawful force, and that her office couldn’t disprove his defense, but that she was “not backing down.”
Earlier this year, two Minnesota police unions sent a letter to Walz asking him to remove Moriarty from that case. At the time, four Republican members of Congress from Minnesota called for an investigation into Moriarty over the case, and at least one called on her to resign. Walz, MPPOA, and Moriarty’s office did not immediately respond to a request for comment.
“We expect nothing less from a thoroughly corrupt police union that will do anything to prevent accountability for law enforcement accused of misconduct,” said Michael Collins, senior director of government affairs at Color of Change, a racial justice group. “Governor Tim Walz opened the door to these requests when he sided with the union in the Ricky Cobb II case. His behavior was shameful, up to and including calling the trooper’s defense lawyer to ask if they wanted the case to be reassigned to another county attorney. It’s no wonder the police union thinks he’s their guy. He should denounce the request and stop trying to pander to the right on criminal justice by undermining police accountability.”
Moriarty responded to the MPPOA’s ethics complaint last week, criticizing the police union for lobbying against efforts to hold police accountable and opposing regulations that would ban law enforcement from being involved in white supremacists groups.
The police union objected to Moriarty’s critiques in their letter to Walz this week. “These divisive comments were meant to divide our communities and elucidate her bias and belief that all peace officers are tied to white supremacist organizations,” Ali wrote. “As a person of color, and the general counsel of MPPOA, I find her comments offensive, repulsive and intend to injure and harm law enforcement all over the state, including harming my personal reputation.”
Walz is not the only vice presidential candidate with a fraught relationship with the criminal justice reform movement. Pennsylvania Gov. Josh Shapiro, another pick on Harris’s list, has also backed efforts to strip Philadelphia District Attorney Larry Krasner of his authority to prosecute certain crimes. When Shapiro was state attorney general in 2019, his office pushed the Philadelphia Inquirer to be more critical of Krasner, The Intercept reported. Shapiro also backed a controversial bill passed by Pennsylvania lawmakers to strip Krasner’s ability to prosecute certain gun crimes in the city and give concurrent jurisdiction to the AG’s office. Shapiro’s office later said he would not use the measure to “act unilaterally or go around DA Krasner.” Local activists later pressured Shapiro into saying he would support a repeal of the bill.
The war in Gaza has been good for the drone startup XTEND. Since October 7, the Tel Aviv company has pivoted to providing the Israeli military with cheap, nimble robot aircraft. This demand helped the company secure $40 million in new venture capital funding, bringing its total raised to $60 million. That money will go toward software refinements to better serve Israel’s Ministry of Defense, its co-founder and CEO Aviv Shapira touted in a press release.
Yet despite its venture capital bounty and recent military contracts, XTEND has also been asking for charity.
“Join Us in Supporting Israel’s Defense,” read the text on the Xtend-Support-Israel.com website, directly above a large “DONATE” button. All donations would be “used for the immediate production & deployment of life saving systems for our IDF troops on the frontlines.” The site included a dazzling marketing montage of XTEND robots zooming across buildings, smashing through windows, and dropping what appears to be an explosive device from the air, “enabling soldiers to perform accurate maneuvers in complex combat scenarios.”
XTEND’s fundraising page — taken offline shortly after The Intercept raised questions about it — is one of several similar efforts soliciting charitable, tax-deductible donations to bolster Israeli national security.
U.S. law governing charitable contributions gives wide leeway to nonprofits operating overseas, though questions linger about directing such donations to fund combat.
XTEND did not respond to a request for comment and questions about its Israel Defense Forces fundraising campaign. The Israeli nonprofit AlmaLinks, which was listed on the site as participating in the fundraiser, told The Intercept that upon learning of the campaign it asked XTEND to take it down. A PayPal page for the fundraiser told American donors that tax-free contributions could be sent through the U.S.-based donor-advised fund FJC: A Foundation of Philanthropic Funds. FJC disavowed the campaign and said the drone startup was being instructed to cease and desist use of its name.
A drone flies overhead as Israeli forces operate in the Balata refugee camp, in the West Bank city of Nablus, on June 1, 2024.Photo: Majdi Mohammed/AP
XTEND’s drones are flexible, affordable, and outfitted with powerful cameras, making them excellent surveillance tools that can stand in for human soldiers in dangerous situations. Certain models come with a claw, allowing them to drop any manner of item — or weapon — from high above. This functionality has proven transformative in the fighting between Russia and Ukraine. Even for Israel’s armed forces, among the best-equipped in the world, drones like XTEND’s offer the powerful advantage of an off-the-shelf, somewhat disposable miniature air force.
“Boots on the ground testimonials” included on the site leave little ambiguity about their use. “The best thing to have is drones,” says one uniformed Israeli soldier, his face blurred, in a video set before a house he states was recently cleared of terrorists. “Drones can go inside, do the search, clear the house, put even an explosive, instead of us going in.”
“We have killed dozens of vile terrorists, but we continue to constantly discover more terrorists who are hiding in buildings,” say soldiers in another testimonial video, who explain XTEND’s products are preferable because their radio uplink is not as easily jammed.
In interviews and marketing materials, XTEND tends to argue its drones are a life-saving reconnaissance technology that permit soldiers to hang back from danger while robots lead the charge. But the company is very much in the business of offense too. In December, XTEND told the Wall Street Journal that the IDF is using its robots to “drop grenades” in Gaza. “We were the first drones to enter Be’erik, Faraza, and deal directly (indoors, outdoors, and face to face) with these terrorists,” Shapira explained to the Israeli business publication Calcalist last year. “We learned so much from that.”
Israel’s war on Gaza has been integral to XTEND’s current success and its future, according to local business press reporting. Since the conflict erupted, the company has deepened its ties with the Israeli military. An article in Calcalist announcing the $40 million deal noted that, since the war’s start, “the company has shifted its entire focus in developing systems for the IDF. This new focus has led the company to a decision to upgrade its activity in the military sector.” In the May 10 press release announcing its latest venture capital round, Shapira — depicted in an attached photo dressed as a character from “The Matrix” — explained how the company’s new funds would help refine its drones’ software in part to better serve “Israel’s Ministry of Defense tier-1 units.”
So-called quadcopter drones similar to those manufactured by XTEND have been implicated in a litany of gruesome civilian deaths and injuries. A June 4 report by Euro-Med Human Rights Monitor described how the IDF has “ramped up” its use of small quadcopters to drop explosives and fire mounted rifles at Palestinians in Gaza.
One Palestinian who spoke to the organization recounted the killing of his cousin: “We were approached by a quadcopter as we went by a side street. I warned him to run and hide as soon as I saw it, but it is likely that his poor hearing prevented him from hearing my call. I told him to hide, as I was doing, when all of a sudden I heard an explosion. When I heard Ibrahim calling, I told him to stay [put] to the right until assistance arrived. I saw him being targeted by a quadcopter bomb.”
An Israeli drone drops tear gas canisters during clashes following a demonstration near the border in Malaka, east of Gaza City, on March 30, 2023.Photo: Majdi Fathi/NurPhoto via AP
On the webpage soliciting donations for its drones, XTEND listed AlmaLinks, a nonprofit network headquartered in Tel Aviv that connects business leaders with a focus on Jewish and Israeli communities, as the organization that would process donations.
“All donations will be used for the immediate production and deployment of life saving systems for our IDF troops on the frontlines,” the site read. “All donations are kindly processed through the ALMA LINKS non-profit organization. www.almalinks.org We kindly request that you fill out the information here and at the dedicated donation page for tracking purposes.”
Shapira, XTEND’s CEO, is listed on AlmaLink’s website as a member of its board of trustees. AlmaLinks told The Intercept it had no knowledge of XTEND’s fundraiser and that Shapira does not serve in a decision-making role.
“We were not aware of the XTEND website asking for funds in our name, and as soon as we became aware of it we asked them to take it down,” a spokesperson for AlmaLinks said.
Shapira “is on a purely advisory board of trustees that includes many people and does not have authority to make decisions,” the spokesperson said.
The fiscal sponsor for AlmaLinks is FJC: A Foundation of Philanthropic Funds, a nonprofit donor-advised fund based in New York. Founded in 1995, FJC manages over $300 million in assets and has provided over $400 million in philanthropic grants around the world, according to its website. FJC accepts tax-deductible donations on behalf of AlmaLinks, which then passes the money onward to recipients such as XTEND. Because contributions to foreign nonprofits like AlmaLinks are not tax-deductible, a donation to the American fiscal sponsor FJC would allow donors to benefit from U.S. tax laws.
Potential American donors who came across the online fundraiser were directed to a PayPal page bearing a checkmark icon confirming FJC is the recipient of the funds, and noting any contributions would be earmarked for XTEND.
In response to an inquiry from The Intercept about its role in the fundraiser, FJC CEO Sam Marks disavowed the campaign. “FJC has no relationship with XTEND, and that company is not authorized to use FJC’s 501(c)(3) tax exempt status to fundraise for any campaign,” Marks explained in an emailed statement. “They are being instructed to cease and desist any fundraising campaign using FJC’s name.”
Soon after this exchange, the PayPal page was taken down. Marks did not respond when asked if the PayPal page had been set up without FJC’s knowledge, when FJC became aware of the fundraising campaign, or how much money had been raised to date.
XTEND did not respond to questions about whether it organized the fundraiser without the advance knowledge of AlmaLinks and FJC, and about Shapira’s role on AlmaLinks’ board of trustees.
Diala Shamas, senior staff attorney at the Center for Constitutional Rights, questioned whether it was appropriate for a nonprofit to use charitable donations to support a war effort, particularly one that has killed tens of thousands of civilians.
“I’m aware of reports of quadcopters being involved in crimes in Gaza. There is nothing charitable about that,” said Shamas, whose nonprofit legal advocacy group is working on a New York bill to restrict tax-deductible donations to illegal Israeli settlements. “I can’t see this fitting in the New York law definition of charitable purpose, not the IRS definition of charitable purpose.”
Another issue is whether those efforts are supplying equipment being used in violation of international law, Shamas added. “Setting aside the question of charitability all together, there are serious questions of complicity in war crimes here. Even if it weren’t a nonprofit, even if it were just a traditional company, there would be serious legal risks here.”
Legal experts have long warned that charitable contributions cannot be used to support combat, an issue that came up at the height of the war in Ukraine. Charities funding combat against Russia’s invasion faced less scrutiny because of widespread political support for Ukraine, attorney Daniel Kurtz told the Associated Press last year. “You can’t support war fighting, can’t support killing people, even if it’s killing the bad guys,” he said at the time. “It’s not consistent with the law of charity.”
Henry Dale, director of New York University law school’s National Center on Philanthropy and the Law, said that U.S. tax code — and an extreme lack of oversight by the Internal Revenue Service — affords a great deal of latitude to efforts like those of XTEND. Even though XTEND’s fundraising page made clear that the money was for drones, specifically its “Human Extension Platforms” that aid soldiers in combat, the fact that donated funds were advertised as being directed to FJC, whose PayPal site did not mention drones, likely legally insulates the campaign overall, Dale said.
Though the IRS has the ability to strip organizations of their tax-exempt status for engaging in efforts contrary to public policy, “the edges of that doctrine are completely unclear,” Dale said.
Lawmakers and nonprofits experts have long criticized the network of U.S. nonprofits that funnel millions of tax-deductible dollars to settlements in the West Bank that the international community recognizes as illegal. Those concerns have come back with new urgency amid the surge of U.S. fundraising for the Israel Defense Forces during Israel’s war on Gaza.
Pending legislation in New York targets nonprofits that facilitate such donations by making it easier to sue the groups for civil penalties. Lawmakers expanded and reintroduced the “Not on Our Dime” bill in May to include charities in New York fundraising for the Israel Defense Forces amid Israel’s destruction in Gaza. The role of any nonprofit taking part in the XTEND fundraising operation is the kind of activity the legislation seeks to target, said Shamas of the Center for Constitutional Rights, which is part of the campaign backing the bill. FJC’s work includes fundraising for a number of groups that responded to aid Israel after the October 7 attacks, including Friends of the Israel Defense Forces. As recently as 2021, the group has also directed contributions to the Jewish National Fund, which has long financed activity in Israeli settlements.
New York Assemblymember Zohran Mamdani, who introduced the bill, said the measure would allow the state attorney general to fine groups funding the genocide, including FJC.
“The purpose of tax breaks is to encourage charitable activity: feeding the poor, clothing the needy, and funding the arts — not to support war crimes and genocide,” said Mamdani. “Funding Israeli war crimes is inconsistent with a charitable purpose.”
XTEND’s fundraiser is just one of many ongoing drone crowdfunding efforts pegged to the war, a review by The Intercept found.
The Israeli Resilience Association, which describes itself as “a group of experienced professionals, and officers from the IDF Special Forces, Secret Service (Shin Bet), and the special forces of the Israeli Police,” has to date raised over $287,000 to send small hobbyist drones into Gaza. Noting that the “current crisis in Israel has put every community throughout Judea and Samaria on high alert,” the One Israel Fund, meanwhile, has raised over $160,000 to furnish illegal settlements in the West Bank with surveillance drones “in cooperation with the regional and local security personnel.”
Even without the legislation, genocide is illegal under international law, Mamdani added. “Fundraising for IDF units carrying out what has been called a plausible genocide in federal and international courts should merit inquiry. Advocating to end tax deductions for these crimes is to call for the bare minimum.”
In the First month of its spending in a Missouri congressional election, the American Israel Public Affairs Committee poured $3 million into the race to unseat Squad member Rep. Cori Bush, D-Mo.
AIPAC’s super PAC, United Democracy Project, has gone on to spend a total of $7 million so far to oust Bush. Its recent mailers, reviewed by The Intercept, show images of Bush with distorted features that make her forehead look bigger and elongate her features.
Bush condemned the ads as part of a trope of using racist caricatures to target candidates based on their ethnicity.
“It is shameful that, in 2024, our communities are still being targeted with such blatant racism.”
“It is shameful that, in 2024, our communities are still being targeted with such blatant racism from political campaigns, let alone in a Democratic primary,” Bush said in a statement to The Intercept. “The people of St. Louis deserve better than to see their first Black Congresswoman racistly distorted into a caricature — I shouldn’t have to ask my opponent to condemn his biggest funders for putting out an ad like this and to apologize to the people of this district.”
United Democracy Project did not respond to a request for comment.
AIPAC, the leading pro-Israel lobbying group, has been one of the single largest outside spenders in an election cycle that’s broken records for the most expensive House primaries in history. According to Sludge, AIPAC helped raise two-thirds of the campaign funding for Bush’s Democratic opponent, St. Louis County prosecutor Wesley Bell. (Neither United Democracy Project nor Bell’s campaign responded to requests for comment.)
A detail of a mailer paid for by AIPAC’s super PAC, left, and a detail of the original photo, right, reversed to match the mailer’s orientation. Mailer image obtained by The Intercept. Photo: Annelise Hanshaw/Missouri Independent
The photo of Bush used in the AIPAC mailers was taken from an article in the Missouri Independent article. In the mailers, part of Bush’s forehead has been photoshopped and appears sloped. The photos are also color altered.
The Missouri Independent said AIPAC’s use of the photo violated its site rules.
“As a nonprofit news organization we do not allow campaigns or political groups to use our photography,” said Jason Hancock, the editor-in-chief of the Missouri Independent. “We would never give a PAC permission to use our photos, and doing so without our knowledge or permission violates our terms of use.”
Ads With Racist Tropes
The mailers are the latest in a long history of ads that have distorted candidates’ skin color and facial features in line with stereotypical racist tropes. Bush’s campaign said ads from her 2020 opponent, former Democratic Rep. Willian Lacy Clay, also darkened her skin. In 2022, a Democratic firm working for Bowman’s opponent ran ads that darkened Bowman’s skin.
With its attacks on Bush, the lobby group is looking to oust a second member of the progressive Squad. The group spent more than $17 million to unseat Rep. Jamaal Bowman, D-N.Y., last month.
Sincetoppling Bowman last month, AIPAC has shifted its focus toward the upcoming primary in St. Louis. It’s dropped $3 million on the race against Bush in less than a month.
AIPAC has long been known for its behind-the-scenes lobbying but expanded its electoral presence and started giving directly to candidates in 2021. The group launched two new political action committees that year, including a regular PAC and its super PAC, United Democracy Project. The new electoral investment has gone largely toward ousting progressive members of Congress.
AIPAC has grown to one of the single largest outside groups spending in primaries this cycle and flooded Democratic primaries with millions of dollars, drawn largely from Republicans, right-wing billionaires, and megadonors.
AIPAC’s infusion of cash into Bowman’s race made the election the most expensive House Democratic primary in history. And AIPAC isn’t just spending on ads — it’s paying forphone banking and get-out-the-vote calls as well.
Justice Democrats, a progressive group backing Bush, called on Bell’s campaign to denounce the ads.
“In Wesley Bell’s name, AIPAC is peddling racist caricatures to attack Missouri’s first Black Congresswoman in a disgusting new low even for them,” said Justice Democrats spokesperson Usamah Andrabi. “Bell should immediately condemn these racist pieces of mail and apologize to the people of St. Louis for allowing his biggest financial backers to promote outright racism in this Democratic primary.”
The police department that serves the township where former President Donald Trump survived an assassination attempt over the weekend has not had a chief for at least a month.
News of the leadership vacuum comes as experts and officials call for investigations into the communications failures between local, state, and federal agents that allowed a shooter to hit Trump, kill one rally attendee and injure at least two others.
Former Butler Township Police Department Chief John Hays retired last month, both Hays and a department administrator told The Intercept. There is no acting chief, but Lieutenant Matthew Pearson is the current head of the department. The department, which employs around 20 people, did not immediately respond to a request for further information about the absence of a chief.
Amid reports that Secret Service agents manning the event were asleep, negligent, or both, the lack of communication between various local, state, and federal agencies likely placed disproportionate responsibility on local police, said Jeffrey Fagan, a professor at Columbia University Law School who studies policing.
“Local cops were left to shoulder the burden of security without much help from any federal agency, whether Secret Service or the FBI or anyone else,” he said. “They should have yelled for help, and so should the county government leaders.”
The shooting has raised new questions in the debate over police funding, gun control, and how well officers can be expected to handle active shooters, regardless of resources and training.
Similar questions plagued officials in the wake of the mass shooting at an elementary school in Uvalde, Texas, after police on the scene refused to enter the building, even after receiving training, first reported by The Intercept, to put themselves in harm’s way to stop active shooters,
A head of department would normally take ultimate responsibility for answering such questions. Uvalde schools police chief Pete Arredondo was recently indicted for his actions on the day, including the failure to follow the training.
“There should have been a protocol in place for coordination between the acting head of the local police and the federal agencies,” said Fagan. “Or the County Executive and that person’s designee. But it’s nuts for the Secret Service to delegate any aspect of presidential or former presidential security to the local police regardless.”
Law enforcement agencies’ failures on Saturday undermines the notion of perfect security, said Alex Vitale, professor and coordinator of the Policing and Social Justice Project at Brooklyn College at the City University of New York.
“There is no world where if we just assign enough police, we will eliminate all risk,” Vitale said.
Why and how there was a profound breakdown in communication between local police and state and federal agents needs scrutiny, Vitale added. It appears that local police were made aware of the shooter, took some inadequate action to neutralize the shooter, but did not successfully communicate to the Secret Service, he said, and the Secret Service may not have communicated their plans clearly to local police.
“A breakdown in communication could be because of inadequate command and control procedures at the local police level.”
“Did the local police fail to make certain kinds of procedures or equipment available to their officers to ensure this communication?” Vitale said. “Or was it just in the heat of the moment, local cops thought they could handle it without bothering the Secret Service, and clearly they couldn’t handle it? We’d want to know who’s in charge of the local police and what the plan of the day was.”
“A breakdown in communication could be because of inadequate command and control procedures at the local police level.”
Blame Game
The tiny Butler Township Police Department was one of several law enforcement agencies on the grounds at the rally on Saturday where 20-year-old Thomas Matthew Crooks killed one attendee and injured at least two other people.
With accusations flying, experts and responding agents have pointed the finger at each other.
Butler County Sheriff Michael Slupe described the response to the shooting as a security failure, but did not blame any single agency. He also defended a Butler Township police officer who encountered Crooks just before the shooting took place and retreated after he pointed his rifle at him. (The sheriff’s office and Butler Township Board of Commissioners President Jim Lokhaiser Jr. did not immediately respond to requests for comment.)
Reached for comment, former Butler Township Police Chief John Hays said his last day at the department was June 14. “I really don’t have much information other than what I’m reading in the paper or hearing on the news,” he said.
Local police, Vitale said, should not be the only ones bearing blame for the communication breakdown. Instead of trying to pinpoint responsibility, he said, the broader problem lies in the idea that policing is politically neutral and that it can produce perfect public safety.
“The fear of risk is weaponized by those who want to both gain political advantage by promising a risk-free future that they know they can’t deliver on,” Vitale said. “Those folks will weaponize the security apparatus to serve their political interests rather than producing any true, broad-based security for people.”
“Those security services,” he said, “their first overriding job will be the neutralization of their political enemies, whether it’s grassroots movements, or whatever.”
Pennsylvania lawmakers have long stymied legislation to strengthen gun laws in the state, even while decrying gun violence. Earlier this year, state lawmakers fought a ban on the gun used in the assassination attempt.
In Congress, Rep. Mike Kelly, R-Penn., who represents the district, has voted against efforts to pass an assault weapons ban. (Kelly did not immediately respond to a request for comment.)
The Butler County Sheriff’s office is currently advertising a basic handgun safety class and services to apply for or renew licenses to carry concealed firearms. According to its website, the office was accepting applications to carry weapons on the day of the shooting.
Progressives in Congress have been some of the most vocal critics of President Joe Biden’s handling of Israel’s war on Gaza. They have urged him to end U.S. military funding for Israel and called for a permanent ceasefire in Gaza. But as questions mount over whether Biden should step down as the party’s presidential nominee and let another Democrat challenge former President Donald Trump, progressives have been anything but unified.
At least four members of the Squad have expressed support for Biden since the first presidential debate. Two have enthusiastically backed him, including Reps. Alexandria Ocasio-Cortez, D-N.Y., and Ilhan Omar, D-Minn. Rep. Ayanna Pressley, D-Mass., reiterated that Biden was the nominee and said questions to the contrary were “losing the plot.” Rep. Cori Bush, D-Mo., said she and Biden were facing the same fight against extremist Republicans. Sen. Bernie Sanders, I-Vt., and Congressional Progressive Caucus Chair Rep. Pramila Jayapal, D-Wash., have also affirmed their support.
The boost from progressives comes even as former House Speaker Nancy Pelosi, D-Calif., said Wednesday that Biden was running out of time to decide whether to stay in the race.
It has left media outlets asking why the Squad among all Democrats is backing Biden “so forcefully”?
But not all progressives are lining up behind Biden. Rep. Rashida Tlaib, D-Mich., one of the most vocal members criticizing U.S. military support for the war on Gaza, has said she will not endorse the president for reelection. And last week, Rep. Summer Lee, D-Penn., said that if Biden decided to step down, she would support Vice President Kamala Harris as the party’s nominee.
Progressives in Washington insisted that members of the Squad and their staffs were not frustrated with each other over how each member approached questions about Biden. They explained the division as merely a difference in messaging between political allies.
Two sources who work closely with Squad offices said progressive efforts to boost Biden had less to do with him as the presidential candidate and more to do with protecting their own political futures.
No progressive members have explicitly called on Biden to drop out of the race.
Shortly after the debate, observers criticized Squad members for not immediately joining calls from at least 10 Democrats in nine states, including a slew of moderates, for Biden to step down. Progressives waited to see how the fallout would play out after the debate and over the July 4 holiday weekend.
There wasn’t a specific plan for how the Squad would respond, and there was no coordination with offices that wanted to stay silent, sources said. Some strategists questioned whether progressives calling on Biden to step down would have had the opposite effect and if it was more effective to have moderate Democrats make the case instead. But as members faced mounting questions from the media, different members took more deliberate stances in support of the president.
One progressive strategist who spoke with The Intercept on the condition of anonymity in order to speak freely said there were pragmatic reasons for each member’s decision to speak out or keep quiet on Biden. “There is a divide between the most progressive members who feel like they need to show fealty for self-preservation or for future ambition and those who are willing to just hang back and not offer support because they don’t need anything,” said the strategist, who is in regular communication with Squad members’ staff.
Several Squad members have so far managed to stay silent on the Biden question.
There wasn’t a specific plan for how the Squad would respond, and there was no coordination with offices that wanted to stay silent, sources said.
Rep. Greg Casar, D-Texas, has not weighed in on whether Biden should stay in the race. He is reportedly eyeing a run for chair of the Congressional Progressive Caucus next year, which makes it less likely that he would take a vocal stance against Biden. Casar’s office did not respond to a request for comment.
Rep. Delia Ramirez, who says she has been focused on making sure that former President Donald Trump doesn’t win reelection, is not taking a position on Biden’s campaign. “At the moment, Congresswoman Ramirez is not commenting on the issue,” communications director Jowen Ortiz Cintrón said in a statement to The Intercept.
Rep. Jamaal Bowman, who lost his reelection last month, has not spoken out about Biden’s campaign. His office did not respond to a request for comment.
The offices of Ocasio-Cortez, Omar, Pressley, Bush, and Jayapal did not respond to a request for comment. Tlaib’s office declined to comment. Lee’s office directed questions about her position to her full interview with WESA.
Squad members had previously led a solid block of opposition to Biden’s funding for Israel’s war on Gaza. Those efforts have slowly given way to support for his campaign among some members as the presidential election looms nearer, leaving Tlaib as one of the lone voices withholding her endorsement over Biden’s support for Israel. Even before the debate, Omar reiterated her support for Biden despite his handling of Gaza.
Sanders backed Biden in an interview over the weekend. On Monday, Ocasio-Cortez, Omar, and Pressley joined him. Ocasio-Cortez told reporters at the Capitol that she had spoken with Biden, that he was not leaving the race, and that she would continue to support him as the nominee. The same day, Omar reiterated her support for Biden and called him “the best president of my lifetime.” Pressley said Biden was the nominee, “and I think we’re losing the plot here.”
On Tuesday, Bush compared her reelection fight to Biden’s and said the party should unite to defeat extremist Republicans. Bush’s office did not respond to a request for comment.
Jayapal also expressed support for Biden but said she was “listening carefully” to members in a statement on Monday. Jayapal said she would continue working to ensure that Democrats defeated Trump in November.
Jayapal’s statement avoided taking a definitive stance on Biden’s campaign and invited criticism that progressives have diluted what was once a strong opposition to Biden’s policy toward Israel. After Jayapal faced intense blowback for calling Israel a “racist state,” she has since affirmed her support of funding for Israel’s Iron Dome, along with Ocasio-Cortez, who has also been campaigning for Biden.
As Democrats nationwide pressure President Joe Biden to abandon his reelection bid, voters aligned with the “uncommitted” movement to protest his handling of the war in Gaza say they won’t get behind any nominee who doesn’t make a clear commitment to a permanent ceasefire.
“I think it would be a big mistake for the Democratic Party to switch gears but stay the course on this particular issue that has galvanized so many people in an unprecedented way in the primaries and to continue showing up and trying to advocate to be heard in a system that is continuing, they feel, to ignore them,” said Halah Ahmad, a policy analyst and spokesperson with Listen to Wisconsin, the state’s “uninstructed” campaign.
“They should let that policy die with this administration and move towards being a party that stands by its actual values,” Ahmad continued, “which are meant to be anti-war and pro-peace and pro-human rights and international law — which is in direct contrast to everything a Trump candidacy stands for.”
The anti-war movement to vote “uncommitted” instead of supporting Biden took off earlier this year ahead of Michigan’s Democratic primary in February. Advocates for the protest vote later launched chapters in othercritical swing states including Wisconsin and Pennsylvania and have netted more than half a million votes in more than a dozen primaries. The movement has garnered support for at least 25 delegates at the upcoming Democratic National Convention.
Activists from around the country told The Intercept that they will advocate for an anti-war agenda at the convention in August and withhold their vote in November unless an adequate candidate steps up, listing policy priorities such as support for a permanent ceasefire and standing up to the pro-Israel lobby as it intervenes in Democratic primaries. Even as the Biden campaign insists that he will not step aside, many Democrats appear to be lining up behind Vice President Kamala Harris as an alternative candidate, with some Democratic governors being floated as well.
“My number one criteria for any candidate is opposing the genocide in Gaza.”
“My number one criteria for any candidate is opposing the genocide in Gaza,” said Saad Farooq, an uncommitted voter in Massachusetts. Farooq said it was unlikely that the Democratic National Committee would select any candidate who took a stance against Israel’s ongoing war, and that he would support Green Party candidate Jill Stein if she were to appear on the ballot in Massachusetts.
Cole Sandick, who left his primary ballot in New York blank, said his apprehension over supporting Biden stemmed completely from his handling of the war on Gaza. “The rest of his presidency has been imperfect but better than I thought it was going to be, and I was fully on board to vote for him prior to October 7,” Sandick wrote. “Really all I want from an alternative candidate is simply *some* moderation on this issue. Some commitment to a ceasefire, some recognition of the carnage that’s taken place. Some concern for the civil liberties being ripped away from all those like me who dissent and protest.”
Sandick said he would support Michigan Gov. Gretchen Whitmer or Harris. “Nominating Biden at this point is a death sentence.”
Shaneez Hameed, an uncommitted voter in California, also said that the war in Gaza is a red line for him as a voter.
“Any new candidate will have to do something about stopping the genocide in Palestine and also be open to making changes with the supreme Court and filibuster,” Hameed wrote. “Or else, nothing changes and there is no point in voting.”
He mentioned Sen. Bernie Sanders, I-Vt., who has called for a ceasefire in Gaza, as a candidate who might fit the bill, but conceded that there is no “realistic chance of him being nominated.” Hameed said he wasn’t familiar with Harris’s policies, “but if she even entertains the idea of a ceasefire, I will vote.”
Harris, for her part, reportedly pushed the White House to be more sympathetic toward Palestinian suffering in public statements about the war. In March, Harris delivered a speech that symbolized a U.S. escalation, as she more forcefully called for an “immediate ceasefire” and urged Israel to do more to increase the flow of aid to Gaza. “No excuses,” she said. Even then, reports surfaced that National Security Council officials had watered down parts of her speech.
“We have to have a goal that we start working on right now, for peace and for an equal measure of security for Israelis and Palestinians,” Harris said later that month. “Palestinians have a right to self-determination; they have a right to dignity, and we’re going to have to work on that.”
For some activists, Harris’s association with Biden makes her candidacy a non-starter. Mohamed Hussein, an uncommitted voter in Minnesota, said that he didn’t want to see anyone from the current administration replace Biden. “I would have no faith in them to speak up when they can’t even speak up to the obvious circus going on,” he said. “I would question their ability to handle difficult situations and decisions because it seems like no one in the administration is pulling the alarm on the embarrassing situation.”
Harris is “guilty by association,” Hussein wrote. “In my eyes, she’s either ok with Biden running as president again or she’s not able to talk him out of it. Both are bad qualities in a president.”
Hussein added that he was interested in a governor possibly replacing Biden on the Democratic ticket because they might be less tied to D.C. politics. “I feel like they’re less likely to be influenced by people in Washington,” he said.
Will Dawson, an uncommitted voter in Washington, D.C., named several factors that could get him to switch his vote from the Green Party’s Stein to another politician. First on his list is a promise to call for an immediate ceasefire and fighting the influence of the pro-Israel lobby and the American Israel Public Affairs Committee in Congress.
“This candidate would also ideally work toward pulling further away from the Israeli colonial project over time, with the goal being repealing our absurd financial support, ending the foreign interest agency of AIPAC, and pushing for a nation-wide boycott a la South America during their apartheid,” Dawson said.
The candidate would also have to push to reform the Supreme Court, he added. “The candidate would have to promise to both push for justice impeachment, and expand the courts,” Dawson said.“If a replacement candidate met both of these requirements, I would absolutely consider switching my vote from Jill Stein. Hell, I might even knock doors/canvass for them!”
As uncommitted voters list their conditions, concerns around backing a candidate who supports Israel’s war are spreading to others within the Democratic Party apparatus. One DNC delegate, who was granted anonymity to speak freely, told The Intercept they have been experiencing reservations as a delegate due to Biden’s unrelenting support for Israel. “Do I really want to, you know, even in any way, whether it’s symbolic or not, contribute to Biden being our nominee? And I struggled, because it’s — do I want to vote for someone who’s supporting a genocide? No.”
People have been talking behind closed doors about President Joe Biden’s cognitive decline for the past several years. After the Wall Street Journal published a story earlier this month raising concerns about Biden’s health, Democrats slammed the article, deflected the criticism, and characterized it as a hit piece. But after his performance in the first presidential debate on Thursday night, party operatives were no longer able to hide the problem.
Now, as Democrats scramble to assess the damage, the question has turned to how – or if – the party will address Biden’s candidacy crisis at the Democratic National Convention in August.
“They’ve just been trying to skate to the general election with as minimal exposure as possible to the public. And now it’s blown up on them,” said Thomas Kennedy, a former delegate to the Democratic National Committee who resigned in January over Biden’s support for Israel’s war on Gaza. “The delegates knew, the electeds knew, the donors knew, obviously the staffers know,” he said. “Everybody knew.”
Efforts to raise concerns within the DNC about Biden’s health have been definitively shut down for years, Kennedy said. One DNC member who suggested that another candidate should run in 2024 said he was attacked by other members and faced with a vote to remove him from the committee. “That’s the sort of pushback that any sort of — not just dissent, but any sort of mentioning of this topic — has been happening for two years,” Kennedy said.
Biden’s campaign, for its part, made clear on Friday that he has no intention of backing down. Asked about his debate performance, campaign spokesperson Lauren Hitt emphasized that Biden would not be stepping down and pointed to the campaign’s $14 million fundraising haul after the debate and a campaign rally in Raleigh, North Carolina, on Friday. “He just gave a very forceful speech at a rally in NC with a fired up crowd,” Hitt wrote to The Intercept. In comments made on Air Force One on Friday afternoon, Biden campaign communications director Michael Tyler doubled down: “Joe Biden is the nominee,” Tyler said.
Current and former delegates told The Intercept there is little chance that the DNC would change course. The convention, the delegates said, would likely follow the same pro forma processes that have sidelined reform efforts and with them, the party’s progressive wing. The convention has already moved the vote for the presidential nomination online, weeks before the actual convention is held in person in Chicago.
There are mechanisms to allow for an open convention to nominate another candidate, but the party has avoided that option as a last resort and it would be too late at this point, said Nadia Ahmad, a DNC member in Florida. Biden would have to decide to step aside on his own accord. Or, delegates would have to organize themselves quickly to commit to another candidate. Given that the nomination vote will take place ahead of the convention, Ahmad said that any open nomination process would have to take place online too, which is unlikely.
“There’s definitely an appetite for what I would call the combustion factor,” Ahmad said. “People are willing to burn things down to maybe get them to work. That’s where you see the rise of a third party.”
The convention has long stopped serving as a place for democratic decision-making, she added. “The Democratic Party is more invested in trying to maintain control than it is in trying to win an election in November.”
Another DNC member who requested anonymity to avoid reprisal said the debate only emphasized what progressives have been saying about the DNC in recent cycles. “Unless Biden withdraws, the convention is a stage managed coronation.”
Kennedy noted that the days of action-packed political conventions are far behind us. “These are not the conventions of 1968 or 1972 that we read about,” he said. “They’re just highly choreographed top-down affairs where there’s not a lot of room for political maneuvering or opposing sides, or anything that strays away from the establishment. And the delegates are carefully chosen and funneled in a way that they’re part of the party machinery and hackery.”
Days before the debate, the New York Times published a story about how the president was battling “misleading videos” showing his age-related deterioration. Very quickly into the debate on Thursday evening, Biden’s campaign was battling on another front: how to stop the bleeding as coverage swirled about how the performance would affect his chances at winning the November election. During a routine, post-debate call with surrogates last night, campaign staff acknowledged that the debate was rocky, according to a source who attended. By the next day, the party apparatus was back to normal messaging.
Rep. Jamaal Bowman’s Tuesday upset defeat by Westchester County Executive George Latimer generated many perspectives on what exactly precipitated his downfall.
The New York Times published the headline “Bowman Falls in House Primary, Overtaken by Flood of Pro-Israel Money” — before swapping it out for “Bowman Falls to Latimer in a Loss for Progressive Democrats.” Other coverage emphasized that the American Israel Public Affairs Committee’s spending wasn’t the only factor in the race and that Bowman’s flaws made him particularly vulnerable, as did changed district lines that made his reelection even tougher.
“This was an act of desperation from a pro-war lobby that is at odds with the majority of Americans, including American Jews.”
Progressive strategists, however, had a much more clear takeaway from the results.
“You don’t drop $15 million on an election if your positions are popular,” said Eva Borgwardt, national spokesperson for the Jewish advocacy group IfNotNow, which endorsed Bowman. “This was an act of desperation from a pro-war lobby that is at odds with the majority of Americans, including American Jews.”
Borgwardt was referring to nearly $15 million spent on the race by AIPAC, the Israel lobby’s flagship in the U.S. Millions more poured in from AIPAC-aligned groups and donors, bringing the outside spending total to around $25 million.
Bowman’s supporters emphasized that AIPAC attacked him not only because of his criticism of human rights abuses in Israel, but also because he has supported progressive policies that are popular among the party’s base.
“Congressman Bowman’s progressive platform — which includes defending Palestinian rights and halting weapons to the Israeli military — is popular among Democratic voters,” said Beth Miller, political director for Jewish Voice for Peace Action, which endorsed Bowman. “AIPAC had to spend a truly unprecedented amount of money in order to buy NY-16.”
“It is noteworthy that many of AIPAC’s ads did not even mention Israel,” she said. “AIPAC understands that they are losing on the issues, because voters and constituents do not want to fund a genocide.”
The amount of spending on the race should be alarming to everyone who cares about democracy, said Sophie Ellman-Golan,director of strategic communications at Jews for Racial and Economic Justice.
“Now we know how much it costs to buy an election,” she said. “That price tag was nearly $25 million.”
AIPAC invested historic amounts of money in the race because it saw that unconditional support for Israel was unpopular among Democratic voters, Ellman-Golan said. “They would not have spent this much money if they were not scared,” she said. “You don’t spend $25 million — an unheard of amount in a primary — if you’re feeling confident in your candidate.”
Progressive groups were outspent 8 to 1 in their support for Bowman, which totaled $1.75 million. Justice Democrats, which backed Bowman’s first campaign in 2020, spent $1.3 million on Tuesday’s race and helped raise more than $200,000 for Bowman’s campaign, with an average contribution of $35. The Working Families Party spent more than $500,000 on ads in the race and sent more than 300,000 text messages on Bowman’s behalf.
“Republican billionaires just bought a safe Democratic seat through a Democratic primary,” said WFP National Director Maurice Mitchell. “That’s something that should alarm everyone in the coalition, not just progressives.”
Justice Democrats’ communications director, Usamah Andrabi, said the takeaway from Tuesday’s race is that Democrats are allowing big money — and Republican donors — to shape elections.
Bowman’s loss is not a death knell for progressives, he added, but proof that the left represents a threat to the status quo that’s worth tens of millions of dollars for its opponents.
“AIPAC knows that its policies and positions are deeply out of step with the majority of Democratic voters, who support a permanent ceasefire, who support conditioning military funding to Israel, and who believe that Israel is committing a genocide,” Andrabi said, pointing to another AIPAC target, Rep. Cori Bush, D-Mo., who is fighting for her seat against a primary opponent. “Jamaal Bowman, Cori Bush, and the Squad have always represented the mainstream positions of the Democratic Party, and that is why they’re such a threat to AIPAC and corporate interests.”
“It is just such a cynical, false attack, and it’s so dangerous.”
With AIPAC’s entry into electoral politics — the group launched two PACs in 2021 after decades of lobbying on Capitol Hill — some liberals and progressives have struggled to talk about the group’s spending because of antisemitic tropes about Jewish people using wealth to exert secret control. Ellman-Golan, of Jews for Racial and Economic Justice, however, thinks circumstances now dictate an open discussion.
“It’s extremely concerning to not only see people defending the political conditions in which antisemitism is most likely to be fueled, but then decrying those of us who dare to speak out against this undemocratic purchasing of votes,” she said. “It is just such a cynical, false attack, and it’s so dangerous. If we’re going to dismantle antisemitism, that project lives squarely on the left. We’re the ones who can do it, and we’re trying. And they’re not helping.”
The most expensive Democratic House primary in history concludes Tuesday, as New York Rep. Jamaal Bowman fights to retain his seat despite massive spending from the pro-Israel lobby aimed at sidelining progressives in Congress.
Polls in the Bronx and Westchester close at 9 p.m., and results are expected Tuesday night. Polling in the race, including one funded by consultants working against Bowman, suggested that he was heading for a loss. Bowman’s internal polling showed him leading by 1 percentage point.
In total, outside groups have spent $23 million on the race to unseat Bowman. More than 60 percent of that money has come from one group, the American Israel Public Affairs Committee, which poured more than $14 million into the race over the course of five weeks. In total, progressive groups backing Bowman spent $1.75 million on the race.
AIPAC’s spending funded ads that clogged TV spots in New York, as well as a barrage of mailers, text messages, and phone calls attacking Bowman and supporting his opponent, Westchester County Executive George Latimer. The expenditure — unmatched by any other single outside group spending on Democratic primaries this cycle and historically unprecedented — has turned the race into a referendum on the power of the pro-Israel lobby to oust progressives critical of Israel’s human rights abuses from Congress.
AIPAC encouraged Latimer to run against Bowman and helped funnel Republican money into his campaign as part of its plan to spend $100 million to oust members of the Squad who led calls for a ceasefire in Gaza.
After AIPAC failed to recruit its preferred candidates to challenge Rep. Summer Lee, D-Pa., and challengers against other Squad members failed to pick up steam, AIPAC shifted its focus to propelling challengers against Bowman and Rep. Cori Bush, D-Mo.
AIPAC has spent just over $2 million so far on the race against Bush and is backing her opponent, St. Louis County Prosecuting Attorney Wesley Bell.
Bowman’s race is the biggest test yet of AIPAC’s new strategy. The group shifted its priorities from lobbying Congress to spending directly on campaigns by launching a political action committee and a super PAC in 2021.
Other groups in AIPAC’s orbit have joined its electoral push. Democratic Majority for Israel, a group that shares donors and other ties with AIPAC, has spent just over $1 million on the race against Bowman.
The influx of AIPAC election spending has shifted the electoral calculus of the Democratic Party. Historically, Democrats took drastic measures to protect incumbents from primary challenges, but party leaders have done little to support progressive incumbents facing an onslaught of attacks from AIPAC and its allies.
What changed? In the past, party leaders went all in to protect their own against progressive insurgents.
During the 2018 cycle, Democrats blacklisted campaign vendors who worked with progressive primary challengers. When several incumbents faced challengers from their left last cycle, House Democratic leaders, including Rep. Hakeem Jeffries, D-N.Y., launched a new political action committee to back their members. And a new dark-money group cropped up to help the cause.
Party leaders have been active in fighting off progressive challengers. Jeffries has campaigned around the country alongside incumbents facing challengers from their left.
As leading pro-Israel lobbying groups poured millions into the race to oust Bowman, however, Democratic leaders have been less unified in their outspoken support for incumbents than in previous cycles.
Jeffries has not appeared on the campaign circuit with Bowman, even though both members represent districts in New York. Jeffries endorsed Bowman in March, and his leadership PAC gave $5,000 to Bowman’s campaign in December. He recorded a robocall for Bowman’s campaign in the days before the primary. (Jeffries’s office did not respond to a request for comment.)
Asked last year what he and other Democratic leaders would do to protect incumbents facing attacks from AIPAC and groups like Democratic Majority for Israel and Mainstream Democrats PAC, Jeffries responded briefly: “Outside groups are gonna do what outside groups are gonna do. I think House Democrats are going to continue to support each other.”
Another difference from the time when Democrats would rally aggressively around incumbents is that this time, the group funding the primary challenge is also funding and endorsing Democratic leaders who have endorsed Bowman. Democrats, especially the party’s heavy hitters, have long had close relationships with AIPAC, speaking at its annual conferences and leading its sponsored junkets to Israel. Since AIPAC started giving directly to candidates last cycle, Jeffries has received more than $1.5 million from its PAC and been endorsed by the group.
That leaves figures like Jeffries, as well as the next top two Democratic House leaders, both endorsing Bowman and accepting millions of dollars from the group funding his ouster. Jeffries; House Minority Whip Katherine Clark, D-Mass.; and House Democratic Caucus Chair Pete Aguilar, D-Calif., have taken more than $3 million from AIPAC’s PAC since 2021. Two other AIPAC-backed members in New York, Reps. Gregory Meeks and Yvette Clarke, have endorsed Bowman. Meeks has received just under $800,000 from AIPAC’s PAC since 2021, and Clarke has received just under $48,000. (Spokespersons for Clark, Aguilar, Meeks, and Clarke did not respond to requests for comment.)
AIPAC has given millions more to other Democratic leaders who have similarly built a reputation for protecting incumbents. When Jeffries launched a political action committee to protect members in 2021, he did it alongside Rep. Josh Gottheimer, D-N.J., who has received more than $1.6 million from AIPAC’s PAC since 2021.
The Netzah Yehuda battalion is an all-male unit of the Israel Defense Forces that was formed to allow ultra-Orthodox Jews to serve in the military while still complying with their religious beliefs, through accommodations like providing time for prayer and limiting interactions with women.
The battalion is also notorious for its alleged abuses of Palestinians and human rights violations in the West Bank, including an incident that led to the death of a 78-year-old Palestinian American man in 2022. These allegations landed the group, formally known as the Nahal Haredi, on a short list of IDF units that Secretary of State Antony Blinken intended to sanction last month. That move would have cut off the battalion’s supply of U.S. weapons and other military aid — until the Biden administration backed away from those plans under pressure from Israeli officials.
But the battalion has another reliable source of international support: a charitable nonprofit in the U.S.
“It’s absolutely incomprehensible that we provide tax write-offs to American citizens who use their funds to support groups and activities that are clear violators of human rights.”
The man leading that organization, which has funneled millions to the IDF group in recent years, is also a donor to the American Israel Public Affairs Committee, the leading pro-Israel lobbying group, which is running a multimillion-dollar campaign to oust critics of Israel’s human rights abuses from Congress and install stalwart pro-Israel allies in their place.
“It’s absolutely incomprehensible that we provide tax write-offs to American citizens who use their funds to support groups and activities that are clear violators of human rights and violators of what is essentially American policy,” said Jim Zogby, co-founder and president of the Arab American Institute. “And now, some of the very groups that we are holding up as sanctionable for their human rights behavior similarly are getting tax write-offs. It’s simply something that ought to end.”
The Biden administration was considering sanctioning Netzah Yehuda under the Leahy Laws, which are intended to stop the country from funding, supplying, or training security forces credibly accused of human rights abuses. State Department staffers sent Blinken a report earlier this year recommending that the battalion be sanctioned in order to disqualify it from receiving U.S. aid, according to ProPublica reporting. After making noises that he intended to follow up on the recommendations, the State Department ultimately backed down in response to pressure from Israeli officials.
Those sanctions would only apply to military aid. The government has the power to impose separate economic sanctions on foreign violators of human rights but has similarly declined to act in the case of this battalion.
Friends of Nahal Haredi, the U.S. nonprofit that supports the battalion, is led by a man named Stephen Rosedale, the founder and chairman of a company that operates more than 100 long-term care, medical rehab, and other healthcare facilities across seven states. Rosedale, a registered Republican, has given a total of $33,500 to AIPAC and its affiliated political action committees this cycle, including $25,000 to AIPAC’s super PAC, United Democracy Project, and $10,500 to AIPAC’s regular PAC. Rosedale is also backing the challengers picked by AIPAC to oust Reps. Jamaal Bowman, D-N.Y., and Cori Bush, D-Mo., in its plan to unseat the Squad. Rosedale has also given at least half a million dollars to various U.S. political campaigns since 2009.
Rosedale, Friends of Nahal Haredi, and the United Democracy Project did not respond to requests for comment.
“We know that AIPAC’s primary role is to prevent any accountability for the Israeli government and military,” said Eva Borgwardt, national spokesperson for IfNotNow, a Jewish advocacy group. “So it’s not surprising that their donors are also backing IDF battalions with scores of documented human rights violations.”
Netzah Yehuda’s alleged human rights violations include leaving a 78-year-old Palestinian American man detained during a raid in the West Bank outside overnight before he died of cardiac arrest. The man, Omar As’ad, was a U.S. citizen and had previously lived in Milwaukee, Wisconsin. Israeli officials dismissed two battalion officers after As’ad died but said it was not possible to determine whether their conduct caused his death. The State Department said it was “deeply concerned” by the circumstances of As’ad’s death and called for a thorough criminal investigation. No one was ultimately prosecuted for As’ad’s death.
“Why are we not treating AIPAC like the NRA when we know it’s funded by people who also support weapons sales with zero accountability for civilian deaths?”
“The question here is really for the Democratic Party,” Borgwardt said. “Are they going to side with the majority of Americans who want a ceasefire and conditions on weapons to Israel? Or are they going to side with AIPAC and its unconditional backing of Netanyahu’s slaughter of Palestinians in Gaza?”
AIPAC’s efforts to silence critics of Israel in Congress should make the group as repulsive to Democrats as the National Rifle Association, Borgwardt said. “Why are we not treating AIPAC like the NRA when we know it’s funded by people who also support weapons sales with zero accountability for civilian deaths including those of thousands of children?”
Rosedale’s support for AIPAC’s super PAC is his largest campaign contribution so far this year, and more than double the rest of the contributions he’s made since January. In March, Rosedale gave $1,000 to the campaign for Westchester County Executive George Latimer, whom AIPAC recruited last year to challenge Bowman. Rosedale also gave $2,000 to Wesley Bell, who AIPAC endorsed against Bush. In 2022, Rosedale gave $50,000 to AIPAC’s super PAC and $6,000 to its regular PAC.
Rosedale has given mostly to Democrats in recent years, including regular contributions to state Democratic parties. He gave this year to state Democratic parties in Maine, Wisconsin, Montana, and Delaware. Since January, he’s given to several other candidates backed by the pro-Israel lobby including $1,000 each in January to Reps. Shontel Brown, D-Ohio, and Ritchie Torres, D-N.Y. Combined, Brown and Torres have taken close to $1 million from AIPAC since 2022. Across the aisle, Rosedale gave $4,000 to Sen. Josh Hawley, R-Mo., in December.
AIPAC is expected to spend up to $20 million in each upcoming primary against Bowman and Bush. AIPAC recruited Latimer, Bowman’s challenger, and has endorsed both him and Bell, Bush’s opponent. AIPAC’s super PAC, United Democracy Project, dropped close to $2 million in the last week on ads attacking Bowman. AIPAC has bundled almost a quarter of Latimer’s total contributions so far, including almost half of his contributions in the final quarter of 2023. Both Latimer and Bell have faced criticism for taking money from Republican donors seeking to oust progressives in Democratic primaries.
AIPAC had planned to spend $100 million this cycle to oust Squad members critical of U.S. military aid for Israel. But as several Squad members have shored up their support and held steady on calls for a ceasefire in Gaza, AIPAC has shifted its strategy to focus instead on ousting Bowman and Bush, whom the group determined were the most vulnerable. After failing to recruit two potential challengers to run against Rep. Summer Lee, D-Pa., AIPAC ended up not spending on her race. Lee won her May primary against challenger Bhavini Patel by more than 20 percentage points. Reps. Rashida Tlaib, D-Mich.; Ilhan Omar, D-Minn.; and Alexandria Ocasio-Cortez, D-N.Y., have far outraised their current challengers.
The American Israel Public Affairs Committee’s super PAC has launched its first ads attacking Rep. Jamaal Bowman in the Democratic primary in New York’s 16th Congressional District. The ads claim that Bowman “has his own agenda” and refuses to work with President Joe Biden.
United Democracy Project, the AIPAC super PAC, bought its first set of ads this week for $1.9 million, disclosing that it planned to spend the money in a week, to oppose Bowman in the race against Westchester County executive George Latimer. The primary election takes place June 25.
Latimer, who was recruited to run by AIPAC and has received huge contributions directly from the group, has had nearly a million dollars of support from outside groups before AIPAC weighed in. Bowman also has outside support, but it’s a fraction of AIPAC’s spending so far for Latimer. Known as “independent expenditures,” outside groups can weigh in on elections but not in coordination with campaigns.
With the new AIPAC money to attack Bowman, outside groups in the race are spending nearly 10 times more in Latimer’s favor — with roughly $3 million total for Latimer and against Bowman, and Bowman supporters spending only about $285,000.
Latimer is also raking in more cash than Bowman in direct campaign contributions. His campaign itself has raised $3.6 million so far to Bowman’s $2.7 million. Latimer’s haul includes major support from Republican donors — almost a quarter of it was bundled by AIPAC. In the last quarter of 2023, almost half of Latimer’s contributions came through AIPAC.
“Trump Republicans are funding a $1.9 million ad spend to distract us from their attempt to buy our seat.”
“NY-16 Democrats are united in rejecting MAGA’s threat to our freedoms, which is why Trump Republicans are funding a $1.9 million ad spend to distract us from their attempt to buy our seat,” Bowman campaign spokesperson Lawrence Wang said in a statement to The Intercept. “But voters know the truth: if MAGA’s top priority is unseating Jamaal Bowman, ours is to re-elect him.”
United Democracy Project did not respond to a request for comment.
Latimer has courted Republican donors and held fundraisers hosted by Republicans, including a major GOP donor to former President Donald Trump. Another AIPAC donor has been encouraging Republicans to switch parties to vote against Bowman in the primary — one Republican voter told The Intercept he recently switched parties just to vote for Latimer. Latimer’s campaign distanced itself from the GOP-hosted fundraisers and said he had no control over who hosted fundraising events.
The big outside spending push by AIPAC helps cement its status as one of if not the biggest spender in Democratic Party primaries. The pro-Israel lobby planned to spend $100 million this cycle to oust members of the Squad who have been critical of U.S. military funding for Israel and led calls for a ceasefire in Gaza.
After failing to unseat Rep. Summer Lee, D-Pa., AIPAC’s next top targets are Bowman and Rep. Cori Bush, D-Mo. AIPAC recruited Latimer to run against Bowman and has backed Bush’s challenger, Wesley Bell. Its super PAC is expected to spend up to $20 million on each race.
Known as “independent expenditures,” outside groups like PACs can spend unlimited amounts on elections but are not supposed to coordinate with campaigns. In practical terms, however, a system of winks and nods can help campaigns point outside spenders to ideas about messaging — a tactic AIPAC has availed itself of.
AIPAC’s Primary Occupation
The race between Bowman and Latimer has been a chaotic one. Latimer’s campaign came under scrutiny when it first launched for leaving the Bronx, part of which is in the district, off of his website and only mentioning Westchester County, which is a primarily white suburb. Latimer was also criticized for comments claiming that Bowman took money from Hamas. Latimer told City & State that he wouldn’t be able to win if more Bronx voters were drawn in as part of redistricting.
Bowman has had his own share of snafus. His decision to pull the fire alarm in Congress over the summer has plagued the campaign and become fodder in new attack ads. Critics have also raised questions about conspiratorial content he follows on YouTube, though it’s unclear whether he has watched or engaged with the videos.
In a Twitter thread posted Thursday, Lee, the Pennsylvania representative who just won her primary, criticized AIPAC for targeting Black Democrats while using its support for members of the Congressional Black Caucus as cover. “While the biggest threat to Black America is white supremacist policymakers, they financially support the folks causing us the most harm,” Lee wrote.
AIPAC supported several candidates of color last cycle, including Glenn Ivey, Adam Hollier, Henry Cuellar, Shontel Brown, Valerie Foushee, and Don Davis. Almost all of AIPAC’s independent expenditures against Democrats in the 2022 primaries were spent against candidates of color. The rest was spent against former Rep. Andy Levin, a Jewish member of Congress.
Usamah Andrabi, a spokesperson for Justice Democrats, which spent at least $165,000 on mail and digital ads supporting Bowman and attacking Latimer’s GOP ties, said that Republicans were using United Democracy Project to target Democrats of color. The Working Families Party has spent $118,000 so far to support Bowman, with plans for additional spending.
“This is the same tactic we’ve seen across the country, Republican billionaires using AIPAC’s super PAC to spend millions of dollars targeting Democrats of color in Democratic primaries,” Andrabi said. “Voters should know that every ad they see attacking Jamaal Bowman or defending George Latimer is being funded by the same GOP megadonors who want to ban abortion, defend insurrectionists, and elect Donald Trump.”
After the Supreme Court overturned the constitutional right to abortion in the landmark case Dobbs v. Jackson’s Women’s Health Organization, many Republican dominated state governments quickly moved to ban all or some abortions. Many of the populous cities in these state, however, are dominated by Democratic Party politics. In those cities, elected prosecutors pledged not to prosecute reproductive care, setting up a clash with state-level governments.
The clash came first in Florida, where in 2022, Republican Gov. Ron DeSantis became the first state official to suspended an elected prosecutor who said they would not charge people who sought abortions. In January, a three-judge federal appeals circuit panel said DeSantis’s decision to suspend Former States Attorney Andrew Warren violated First Amendment provisions for protected speech, including Warren’s comments on protecting abortion and transgender care.
“Those prosecutors who have recognized that they have no place interfering with patients’ personal decisions have found themselves under threat.”
Since then, at least five states have introduced legislative measures to strip power from elected prosecutors who have made similar pledges. Over the last two years, Republicans in Georgia, Idaho, Indiana, South Carolina, and Texas have introduced or passed legislation making it easier to prosecute people who seek abortions.
“As reproductive health care became criminalized in the wake of Dobbs, prosecutors around the country became a front line for this essential right,” said Jill Habig, founder and CEO of the the Public Rights Project. “Those prosecutors who have recognized that they have no place interfering with patients’ personal decisions have found themselves under threat for that decision.”
On Thursday, the Public Rights Project released a report tallying and detailing a wave of new attacks against prosecutors vowing to defend abortion rights. The attacks target democratically elected prosecutors for routine speech about practices in their offices. In Florida, Warren was suspended in part because of his statements on the right to abortion. In Texas, lawmakers who launched a petition to remove Travis County District Attorney Jose Garza also cited his pledge not to prosecute abortion care.
The new research by Public Rights Project shows that the salvos against supporters of abortion rights are just part of a growing, nationwide right-wing effort to limit the powers of elected, reform-minded prosecutors. Since early 2023, there have been 53 attempts to restrict prosecutorial authority in 26 states — attempts that are increasingly effective, with 15 new measures enacted in the same time period.
Idaho, Georgia, and More
The recent pushes to strip power from prosecutors who support abortion rights have seen some successes. In Idaho, if an elected prosecutor has a policy in place not to prosecute violations of the state’s abortion ban, a law enacted last year would give the state attorney general power to take over any related cases.
A similar bill was proposed in South Carolina last year but died in committee.
In Texas, at least four bills would create new and severe criminal offenses for abortion care and give the state attorney general power to bring criminal prosecutions and sue over related cases.
A Georgia law enacted last year gives a politically-appointed commission the power to remove and discipline elected DAs over decisions not to prosecute certain offenses, including abortions.
Other states have fought to curb the attacks on abortion care. A proposed bill in Wisconsin would give the state attorney general concurrent jurisdiction to take over certain prosecutions that target people who seek abortions under the state’s law prohibiting abortions from 22 weeks.
In Arizona, state officials are deliberating on efforts to block the repeal of an 1800s-era abortion ban. Democratic Gov. Katie Hobbs issued an executive order in 2023 giving all duties related to prosecuting abortion care over to the state attorney general, a Democrat who supports protecting the right to abortion.
Tons of New Bills to Curb DAs
The anti-abortion measures are the outgrowth of a broader national attack on elected prosecutors who ran on reform policies. National Republicans have fomented and harnessed a backlash to candidates who ran on ending cash bail, declining to prosecute cannabis possession, overturning wrongful convictions and prosecuting police misconduct.
Last year, the Public Rights Project and Local Solutions Support Center released a report that outlined efforts to curb the power of reform-minded prosecutors. The research released about restricting prosecutors who vow to defend abortion rights was part of a new paper that updated last year’s tally.
More than 37 bills to strip power from prosecutors were introduced in 17 states between 2017 and early 2023. Some singled out reform-minded DAs elected in places like Philadelphia and St. Louis.
Since then, the new research showed, the numbers ballooned to 53 attempts introduced in 26 states. Texas is home to at least 13 such efforts, including bills that further criminalize abortion and make it easier to file complaints against and investigate DAs who decline to prosecute certain offenses.
While the bulk of legislation introduced between 2017 and 2022 didn’t pass, newer bills have been more successful. Fifteen new measures have been enacted in 14 states since last year.
Texas enacted a law last year that makes it easier to bring private lawsuits to remove prosecutors, Habig added. Now the state is following the example set by Georgia and considering creating a new government agency for the same purpose.
“The bills introduced and passed in the last year show that the trend from 2017-22 has not stopped — in fact, it’s only accelerating,” Habig said. “And states that have taken some efforts to restrict prosecutorial discretion have shown that they are not satisfied with their early steps.”
The American Israel Public Affairs Committee said its top priority this cycle was to oust members of the progressive Squad. But the group has also been quietly pouring money into another Democratic primary: a competitive race for an open congressional seat in Maryland. AIPAC’s target? Former Capitol Police officer Harry Dunn, who was in the Capitol during the January 6 attacks.
Neither Dunn nor his rival, state Sen. Sarah Elfreth, has been particularly outspoken in support of or against Israel, raising the question of why AIPAC is involved in the race at all.
In the last month, AIPAC’s super PAC, United Democracy Project, has poured $4.1 million into the race to support Elfreth. Some 20 candidates are running for the open seat in Maryland’s 3rd Congressional District, where incumbent Rep. John Sarbanes announced in October he would not seek reelection. Dunn and Elfreth are leading fundraising.
In individual campaign contributions, Dunn has outraised Elfreth almost 4 to 1, with $4.5 million to her $1.4 million. But considering the outside boost from AIPAC, the group has given Elreth’s campaign a significant leg up: The pro-Israel group’s super PAC has spent almost as much as Dunn has raised. Elfreth has distanced herself from AIPAC’s support and said she was unaware that the group’s super PAC would be spending on her behalf.
Elfreth’s campaign is also getting support from at least 12 donors who’ve given between $1,000 and $6,600 who have also given major support to far-right Republicans including former President Donald Trump, according to campaign filings reviewed by The Intercept. At least five of the donors are registered Republicans.
More than 100 of Elfreth’s donors have also given significant amounts to AIPAC’s political action committees. In total, donors to Elfreth have given more than $2.8 million to those PACs.
Dunn’s campaign released an ad last week criticizing Elfreth and claiming she’s aligned with far-right Republicans. Donors to Elfreth’s campaign include Larry Mizel, the former Colorado finance chair for Trump’s 2016 campaign; real estate developer Robert Sarver; former AIPAC President Edward Levy; and Daniel Kraft, president of Kraft Group International and the son of New England Patriots owner Robert Kraft. Several of the donors have given to Republicans including Trump, Nikki Haley,Rep. Brian Mast, R-Fla.; Rep. Lauren Boebert, R-Colo.; and Florida Gov. Ron DeSantis.
In a statement to The Intercept, Dunn criticized Elfreth’s campaign for accepting money from AIPAC’s super PAC and called on other candidates to condemn the outside spending, which he said was dark money “bankrolled by MAGA Republicans.” Taking the money in effect condones AIPAC’s actions, Dunn said, which include endorsing more than 100 candidates who voted to overturn the results of the 2020 presidential election.
“Dark money was solicited into this race.”
“Any candidate who receives this support refuses to condemn their meddling in this race and essentially accepts the endorsement of an organization that has backed over 100 candidates and members of Congress who incited the rioters I fought on January 6th and tried to overthrow our democracy,” Dunn said. “Right after I announced my plan to protect our democracy from outside special interests who try to influence elections, dark money was solicited into this race.”
Elfreth’s campaign recently removed from its website a red box: a common campaign tactic used to encourage outside spending on races without violating rules prohibiting campaigns from coordinating with super PACs. The red box provides material that outside PACs can use in their communications. Elfreth had previously acknowledged the red box and said that a teacher’s union might use it to support her, according to the nonprofit news site Maryland Reporter.
It’s not clear what drew AIPAC into the race. At a forum in April, both candidates offered support for efforts by Sen. Chris Van Hollen, D-Md., to condition aid to Israel. Dunn himself has been supportive of Israel and has said the country has a right to defend itself. He has supported sending U.S. funding to Israel and increasing humanitarian aid to Gaza. Dunn has not been outspoken against human rights abuses by Israel or U.S. military aid. And Elfreth is not running a particularly pro-Israel campaign.
A United Democracy Project spokesperson told Jewish Insider the group was not concerned about Dunn’s position on Israel, but that it was spending on the race to ensure Elfreth won out over other candidates in the race it described as “anti-Israel.”
The super PAC said it was supporting Elfreth because of her position on other issues like the right to abortion, climate change, and domestic violence. Dunn is campaigning on a similar platform, emphasizing the right to abortion, strengthening voting rights, environmental protection, and working toward Medicare for All.
United Democracy Project has not run negative ads against Dunn.
Neither Elfreth’s campaign nor the United Democracy Project responded to a request for comment.
Survivors of the October 7 attacks filed a lawsuit in U.S. federal court last week alleging links between Hamas and the pro-Palestinian student groups leading nationwide protests against Israel’s war on Gaza. The survivors claim the student groups are liable for monetary damages because of the purported terrorism links.
“When someone tells you they are aiding and abetting terrorists — believe them.” That’s the opening line the suit filed Wednesday against the Palestinian advocacy groups American Muslims for Palestine and National Students for Justice in Palestine, the umbrella group supporting student organizers for Palestine, which supports more than 350 Palestine solidarity groups, including more than 200 campus organizations across the country.
The lawsuit is part of a nationwide crackdown on pro-Palestine activism, especially on campus. It was filed a day after police in New York City deployed militarized forces to remove students from campus encampments protesting the war on Gaza and arrested hundreds.
Some or all of the nine plaintiffs in the suit are involved in a raft of other civil suits related to the October 7 attacks. Among the defendants they’ve pursued in court are major media organizations and United Nations agencies.
The survivors of the October 7 attack alleged that American Muslims for Palestine “serves as Hamas’s propaganda division in the United States.”
“Through NSJP, AMP uses propaganda to intimidate, convince, and recruit uninformed, misguided, and impressionable college students to serve as foot soldiers for Hamas on campus and beyond,” the October 7 survivors wrote in their suit.
The lawsuits rely on anti-terrorism laws that made it possible to bring civil cases for acts of international terrorism, including provisions around bans on material support to terrorism that have long been controversially applied. At the time of their passage, members of Congress who pushed the anti-terror laws linked them directly to crackdowns on pro-Palestine activities, according to a recent white paper from the Center for Constitutional Rights and Palestine Legal.
“The goal is to isolate Palestinians.”
“For years, CCR and others have been warning of the abuse of broad ‘material support’ laws to shrink the space for Palestinian rights,” said Diala Shamas, staff attorney at the Center for Constitutional Rights.
The group represented another Palestinian rights organization in what Shamas said was “years-long, meritless litigation” brought by the Jewish National Fund, a group that fundsIsraeli settlements.
“The law’s provision of civil damages means that private actors — including those with seemingly endless resources — can bog you down in costly and distracting litigation,” Shamas said. “This means that Palestinians and those who support their rights become ‘high risk’ — and those who they rely on — charities, funders, banks or social media companies — are chilled from further engagement. The goal is to isolate Palestinians.”
Four Survivor Lawsuits
The nine plaintiffs include six survivors of the October 7 Hamas attacks. Five people attended the Supernova music festival, and another was attacked at Zikim Beach, where 19 civilians were killed as Hamas militants tried to overrun nearby military outposts.
Two other plaintiffs who were not home on October 7 had homes in Kibbutz Holit, the site of additional Hamas attacks. Another plaintiff’s brother was killed at the festival. (Lawyers for the plaintiffs, AMP, and SJP did not respond to requests for comment.)
The AMP suit is the fourth federal suit filed this year by members of the group.
Last month, eight of the same plaintiffs sued the cryptocurrency exchange Binance, claiming that it gave material support to Hamas by allowing the militant group to fundraise on the platform. In November, the Treasury Department said Hamas and “a range of illicit actors” had used Binance to funnel money to their groups. Binance lawyers asked for an extension to reply to the complaint and have until August to do so. In April, the company’s former chief executive was sentenced to four months in prison after pleading guilty to money laundering violations.
Five of the plaintiffs in the American Muslims for Palestine suit also sued the news agency The Associated Press in February. The plaintiffs alleged that the AP used photographs from “known Hamas associates who were gleefully embedded with the Hamas terrorists during the October 7th attacks.” Lawyers for the AP moved to dismiss the complaint for failing to state a claim and asked to stay discovery pending adjudication of the motion to dismiss.
In March, the same group of nine plus another October 7 survivor sued the U.S. committee of the United Nations Relief and Works Agency, or UNWRA, the largest humanitarian organization operating in Gaza. The suit against UNRWA claims that the group “financed and aided” Hamas, a frequent refrain from Israeli officials that has gone unsubstantiated, according to an independent review released in April. UNRWA lawyers were granted an extension and have until May 28 to respond to the complaint.
Following Israeli officials’ allegations, major donors initially cut funding to UNRWA, but later reversed the decisions — except for the United States, the group’s biggest donor, where Congress blocked funding as part of the budget package approved this spring.
The major corporate law firm Greenberg Traurig has taken on the latest case. The National Jewish Advocacy Center has taken on the three other cases. The group did not respond to a request for comment.
Pro-Palestine students stand their ground against police at UCLA in Los Angeles, early in the morning on May 2, 2024.Photo: Etienne Laurent/AFP via Getty Images
Crackdown on Student Groups
Student advocates for Palestine have faced concerted and sometimes violent crackdowns by school administrators and police. Mainstream media outlets uncritically repeat unsubstantiated claims that they support Hamas.
Students for Justice in Palestine chapters, which are at the center of much campus organizing, have faced harsh censorship since October. The group was singled out in congressional hearings that have pressured university administrators to further crack down on Palestinian advocacy on campus.
Columbia University suspended its SJP chapter and its chapter of Jewish Voice for Peace in November. The New York Civil Liberties Union and Palestine Legal sued the university over the suspension in March in the New York Supreme Court. The case is pending.
American University placed its SJP chapter on probation in April after the group held a silent indoor demonstration; the school banned indoor protests in January. Rutgers University suspended the SJP chapter on its New Brunswick campus in December and claimed that the group had protested in “nonpublic forums” and caused disruption on campus; the suspension was lifted in January. (I am a co-teacher of a class at Rutgers.)
George Washington University suspended its SJP chapter in November after the group projected statements onto a library building calling for the university to divest from Israel. The projected images said GWU had blood on its hands and used the phrase “Glory to our martyrs,” a cultural reference to any Palestinian killed by Israel that was interpreted by outsiders as an endorsement of Hamas.
Brandeis was the first private university to ban its SJP chapter in November, claiming that the group “openly supports Hamas.”
State-level Republican officials have also taken steps to legalize the suppression of SJP. In March, Texas Gov. Greg Abbott issued an executive order targeting campus activism, calling on all the state’s higher education institutions to “review and update free speech policies” to address antisemitism. The order defined the slogan “from the river to the sea, Palestine will be free” as antisemitic and linked the use of the widely adopted phrase to Hamas.
And in October, Florida Gov. Ron DeSantis ordered colleges to shut down all SJP chapters. The University of Florida SJP chapter sued DeSantis in November and said the governor’s order was a violation of free speech. A federal court denied the chapter’s request for a preliminary injunction in January and found that Florida officials did not intend to deactivate all SJP chapters after comments by the Florida University System chancellor walking back DeSantis’s order.
In October, Virginia Attorney General Jason Miyares opened an investigation into AMP and said his office had reason to believe that the organization was soliciting contributions without proper registration. Miyares, a Republican, had also called on state law enforcement agencies to donate tactical gear to Israeli citizens.
Last week, Congress adopted a resolution that would further chill speech from organizations like SJP. The resolution employs a controversial definition of antisemitism that includes any attempts to draw comparisons between the actions of the Israeli government and Nazis. The House voted 320 to 91 to adopt the working definition of antisemitism published in 2016 by the International Holocaust Remembrance Alliance. The lead author of the definition has said it “was never intended to be a campus hate speech code.”
Students arrested during the police crackdown on protests at universities in New York City last week were denied water and food for 16 hours, according to two faculty members at Columbia University’s Barnard College who collected reports from students who were inside.
Other students reported that they were beaten by New York City Police Department officers after their arrests and taken to the hospital for injuries before being returned to central booking. Photos of the injuries were provided to The Intercept.
Police arrested 282 protesters at Columbia University and the City College of New York. According to the professors, they ended up at one of two jails downtown: NYPD headquarters or the Manhattan Criminal Courthouse.
“The conditions we’re hearing about are inhumane. They take away the dignity of every person in there.”
Students arrested during the crackdown said at least two of them were put in solitary confinement for three hours, according to Barnard College professor Shayoni Mitra and a tenured faculty member who asked for anonymity to protect their livelihood. The faculty members were working to support jailed students. (The NYPD did not immediately respond to a request for comment.)
Other students reported that they were held in mouse-infested cells, along with the general population of the jail. The students told the professors that they weren’t given water or food for 16 hours and that at least one student was left without shoes for the same period of time.
“The conditions we’re hearing about are inhumane,” Mitra told The Intercept. “They take away the dignity of every person in there.”
Police forces and state troopers raided university protests at dozens of campuses across the country last week. Nationwide, police have arrested more than 2,500 people, according to anarrest tracker from The Appeal.
On Monday, Columbia University canceled its main graduation ceremony citing security concerns and discussions with students. The university said it would only hold smaller celebrations for individual schools.
The Legal Aid Society, a public defense organization in New York City, called on the city’s Department of Investigation to probe at least 46 cases in which protesters were “unlawfully jailed” for low-level charges, the New York Daily News reported.
Mitra, the Barnard professor who was doing support for jailed students, said the arrests arose because of the false portrayal — pushed by the NYPD, top officials, and news media — that the protests are being organized by outside forces. New York City Mayor Eric Adams said he approved the police raids after he saw a days-old photo on social media of an “outside agitator” who turned out to be a retired school teacher and grandmother.
“We have to push back really hard on this narrative that there are outside agitators and they’re treated differently than students,” Mitra told The Intercept.
After students occupied Hamilton Hall, Columbia University closed the building at midnight on April 30 and didn’t reopen it. “So anyone who is in that building is a trespasser,” Mitra said. “According to the university, everybody in that building was an outside agitator.”
During its raid, the NYPD restricted access to campus for medics, legal observers, and journalists, in what Mitra described as a “clinical” effort to stop people from documenting the raids.
“Nobody deserves to be arrested without legal observers, medical staff and other media present. And that’s what happened,” she said.
Mitra added that students at Columbia received lighter charges than student arrested at City College, which is part of the public City University of New York system (where I am enrolled at the Graduate Center). City and State confirmed the disparities in charges in a report over the weekend. At least 46 protesters arrested at Columbia were charged with trespassing. Twenty-two protesters at City College were charged with burglary.
The jailed students said getting information about their arrests was slow going.
“They said that was the most difficult part, just being alone,” said the tenured faculty member Barnard who supported the students. “Not knowing how much time had passed, not knowing what was happening and not getting any information. That was probably the most shocking thing.”
In the letter sent Monday to the city Department of Investigation, Legal Aid said it supported a request from City Council Speaker Adrienne Adams that the agency investigate the NYPD’s use of official social media accounts to claim that protests were linked to terrorism.
“We write to support [Adams’s] request that your office investigate the NYPD’s improper use of their social media accounts,” Legal Aid wrote, “particularly their use of social media to discredit protesters and chill future protests by making speculative claims linking them to terrorism — a clear abuse of the NYPD’s authority.”
The American Israel Public Affairs Committee is expected to launch its first ads in the coming weeks against its next top target this cycle: Rep. Jamaal Bowman in New York’s 16th Congressional District.
AIPAC’s super PAC, United Democracy Project, is expected to run new ads against Bowman, a member of the progressive “Squad,” as the Democratic primary election for the solidly blue House seat approaches next month, according to Bowman’s campaign and another source with knowledge of the race.
“We’ve heard from inside sources that AIPAC is planning to spend up to $25 million dollars against Congressman Bowman, making this the most expensive House primary in U.S. history,” Bowman campaign manager Gabe Tobias said in a statement to The Intercept. “Their MAGA billionaire donors are spending everything they have against us because they know that Jamaal Bowman speaks for a majority of Democratic voters — from a ceasefire in Gaza to Medicare for All — and that our Democratic coalition can only be defeated with millions of dollars spent to divide our communities.”
“Their MAGA billionaire donors are spending everything they have against us because they know that Jamaal Bowman speaks for a majority of Democratic voters.”
Bowman’s challenger, Westchester County Executive George Latimer, was recruited by AIPAC. The group has helped Latimer raise just under $1 million so far, including almosthalf of his total contributions in the final quarter of 2023 and about a quarter of his total haul so far.
Latimer has raised $3.6 million to Bowman’s $2.7 million, including from Republican donors and supporters of former President Donald Trump. The two will face off in the primary on June 25. (Neither the United Democracy Project nor Latimer’s campaign responded to requests for comment.)
AIPAC planned to spend at least $100 million this cycle to oust members of the Squad, who have led calls for a ceasefire in Gaza and an end to U.S. military support for Israel. The lobby group’s threat would make it the largest player in the Democratic Party primary season. The group, however, has now distanced itself from the pledge after one of its top targets, Rep. Summer Lee, D-Pa., won her primary last week.
AIPAC spent $5 million against Lee in 2022 and had tried and failed to recruit at least two candidates to challenge her this cycle. AIPAC had reportedly been in touch with challenger Bhavini Patel’s campaign, but Patel has not said whether the group recruited her to run against Lee. And AIPAC withheld a formal endorsement in the race.
The lack of an endorsement allowed AIPAC to claim a total victory in Pennsylvania; after Patel’s loss, AIPAC celebrated without mentioning the Pittsburgh race. The group posted on Twitter that all six of its endorsed candidates in Pennsylvania had won their races. “Being pro-Israel is good policy and good politics!” AIPAC tweeted.
“The policies AIPAC stands for are deeply unpopular with Democratic voters, that’s why their ads don’t mention Israel ever,” Lee tweeted on Tuesday. “You know what Dem voters overwhelmingly support? A permanent ceasefire now. Conditioning military funding to [Israeli Prime Minister Benjamin] Netanyahu. Policies that we’ve led on from the beginning. AIPAC is livid that our Democratic voters are not aligned with their Republican megadonors who want to send billions in bombs & weapons to incite another endless war abroad. Being pro-peace and anti-war is what our voters want.”
GOP Cash, Attacking the Squad
Following Lee’s victory, AIPAC is now focusing its efforts on ousting Bowman, but other members of the Squad remain in its sights. The group is also targeting Rep. Cori Bush, D-Mo., and backing her opponent Wesley Bell, but that primary won’t take place until August.
AIPAC is expected to spend at least $20 million in each race, according to Democratic operatives with knowledge of both primaries. The group was also expected to put significant resources into ousting Reps. Ilhan Omar, D-Minn., and Rashida Tlaib, D-Mich. Tlaib has two challengers who have not yet had to report fundraising numbers, including one who was a write-in candidate in the 2018 primary that Tlaib won. Omar has far outraised her opponents, including her AIPAC-backed challenger from 2022,Don Samuels.
“AIPAC started this cycle promising to take out every single member of the Squad and they have already failed at that goal with Summer’s resounding victory last week,” said Usamah Andrabi, the communications director of Justice Democrats, a progressive group that backs the Squad members, in a statement to The Intercept. “Now, their Republican billionaire megadonors want to go all-in to make up for their failures by trying to defeat a former middle school principal and educator because nothing is a greater threat to right-wing power than everyday people having a megaphone in Washington through a Congressman Jamaal Bowman and Congresswoman Cori Bush.”
Bowman is one of the reasons AIPAC started spending directly on elections after having been primarily focused on lobbying, one of the group’s longtime directors wrote in a blog post in 2022. Bowman’s ouster of longtime AIPAC stalwart Rep. Eliot Engel, D-N.Y., in 2020 came as a shock to the group, which launched its new political action committees the next cycle.
As AIPAC has started to spend directly on elections, the group aligned itself with far-right Republicans. During the 2022 cycle, AIPAC endorsed more than 100 Republicans who voted to overturn the results of the 2020 presidential election.
Since then, AIPAC-supported Democratic primary candidates have taken support from the most extreme wing of the GOP, including donors who have supported Republicans like Trump; Sen. Ted Cruz, R-Texas; Rep. Lauren Boebert, R-Colo.; Florida Gov. Ron DeSantis; and Republican Arizona Senate candidate Kari Lake. Patel encouraged Republicans to switch parties to vote in the primary against Lee, and an AIPAC donor urged Republicans to switch parties to vote against Bowman.
Latimer, for his part, has raised money from Republicans while trying to distance himself from the party. Trump fundraiser Steve Louro, who has given $5,000 to Latimer’s campaign, announced earlier this month that his Republican friend would host a fundraiser for Latimer in May. Latimer’s campaign distanced themself from Louro’s invitation and said they had no control over who hosts the fundraiser.
Latimer has raised more than $80,000 from donors who supported Trump and more than $200,000 from other Republican donors. One of more than a dozen Republicans who recently gave to Democratic Sen. John Fetterman’s campaign told The Intercept he recently switched his party registration to Democrat so he could vote against Bowman.
While Democrats and independents make up the bulk of support for Sen. John Fetterman, D-Pa., his campaign is attracting new Republican donors as he has hardened his stance in support of Israel since the Hamas attacks on October 7.
At least 14 registered Republicans have contributed to Fetterman’s campaign since October, according to filings with the Federal Election Commission. A 15th Fetterman donor listed as a registered Republican told The Intercept he recently switched his party registration to Democrat to vote for George Latimer in the Democratic primary against Rep. Jamaal Bowman, D-N.Y. Three of the donors gave to Fetterman’s last campaign for Senate.
While the donations haven’t been big enough to change Fetterman’s overall numbers, they point to both a shift in the public perception of Fetterman, who once identified as a progressive, and the shifting politics on Israel in the U.S.
“It’s shameful that Sen. Fetterman is choosing to align himself with the GOP and its enthusiasm for the mass death of Palestinians in Gaza.”
Where support for Israel was once subject to bipartisan consensus, Israel’s rightward lurch in recent decades has been mirrored in U.S. politics, where its staunchest supporters are increasingly aligned with the Republican Party. Among Democrats, progressives have been generally more critical of human rights abuses in Israel while centrists and mainstream liberals, especially in party leadership, show more robust unconditional support for Israel.
“It’s shameful that Sen. Fetterman is choosing to align himself with the GOP and its enthusiasm for the mass death of Palestinians in Gaza over the majority of Americans who want to see a ceasefire and equality and Justice for Palestinians and Israelis,” said Eva Borgwardt, national spokesperson for IfNotNow, a Jewish American group that opposes support for Israeli apartheid. (Fetterman’s campaign did not respond to a request for comment.)
As his roster of GOP supporters slowly grew, Fetterman has, in recent weeks, stridently criticized President Joe Biden from the right on Israel policy. He bashed Biden for not vetoing a U.N. Security Council resolution calling for a ceasefire in Gaza and spoke out against the administration for discouraging an Israeli offensive in Rafah, a beleaguered corner of the Gaza Strip clogged with refugees in dire conditions.
While the Pennsylvania senator was explicit about his unconditional support for Israel during his 2022 Senate campaign, some of his supporters have expressed frustration as his rhetoric has veered to the right of other pro-Israel Democrats, all as the death toll among Palestinians in Gaza climbed to more than 30,000.
Fetterman has also faced progressive disapproval for taunting pro-Palestine veterans demonstrating at the U.S. Capitol and doubling down on his position that there should be no conditions on aid to Israel. Three of Fetterman’s top communications staffers have left the office since October, when more than adozen of his former campaign staffers wrote an open letter calling on him to support a ceasefire.
In addition to the 14 Republicans and one recent conversion, some of Fetterman’s non-GOP campaign contributors have themselves increased donations to Republicans since October. More than a dozen other Democratic and independent Fetterman donors who’ve given to Fetterman’s campaign in the last six months have also given to Republican candidates and causes.
Several Fetterman donors have also contributed to the American Israel Public Affairs Committee, which is targeting Democratic members of Congress who’ve called for a ceasefire in Gaza and to end U.S. military support for Israel. Other Fetterman donors have given to candidates backed by AIPAC to challenge members of the progressive Squad in Democratic primaries, including Latimer in New York, Bhavini Patel in Pennsylvania,and Don Samuels in Minnesota.
Fetterman has raised $4.7 million this cycle, including at least $1.6 million since October, and 83 percent of those recent contributions came from outside Pennsylvania, a figure similar to the proportion of out-of-state contributions that fueled his 2022 campaign.
Far-Right and Centrist Donors
While Fetterman has raised the bulk of his contributions from Democrats, registered Republicans have given at least $18,900 to Fetterman’s campaign since October. Several were first-time donors to a federal campaign.
New York Republican Joshua Landes said he supported Fetterman because of his stance on Israel. “Yes I’m a Republican and I exclusively supported John through the Jewish community for his principled actions supporting Israel now during this Israel Gaza war,” Landes said in an email to The Intercept.
Edward Neiger, a Fetterman donor and attorney in New York, said he recently switched parties from Republican to Democrat to vote in the Democratic primary against Bowman. Neiger said he’s a libertarian at heart and that Fetterman’s “moral clarity” on Israel has been a breath of fresh air. He’s given $3,000 to Fetterman’s campaign since November.
Former Meridian Capital CEO Ralph Herzka, a registered Republican in New York, gave $2,500 to Fetterman’s campaign in November. Herzka, like several other Republican Fetterman donors, declined to comment.
Several of the donors who are registered Democrats or haven’t declared a party affiliation have also given heavily to Republicans. The recipients included former President Donald Trump; former Republican presidential primary candidates Nikki Haley and Florida Gov. Ron DeSantis; Republican House Conference Chair Elise Stefanik, R-N.Y.; Republican Pennsylvania Senate candidate Dave McCormick; and the Lincoln Project, a group of anti-Trump Republicans.
Eliezer Scheiner, whose voter registration does not list a party affiliation, has given a total of $5,000 to Fetterman. A nursing home operator who gave more than $750,000 to Trump’s failed 2020 reelection campaign, Scheiner also contributed this cycle to campaigns for Democrats including House Minority Leader Hakeem Jeffries; Rep. Ritchie Torres, D-N.Y.; and New Jersey Senate candidate Tammy Murphy.(Scheiner did not respond to a request for comment.)
Scott Barshay, partner at the law firm Paul Weiss, gave $3,300 to Fetterman’s campaign in January. Barshay has given to both Democrats and Republicans, and has contributed this cycle to Haley; Sens. Bill Cassidy, R-La., and Thom Tillis, R-N.C.; as well as Rep. Tom Suozzi, D-N.Y. Barshay also gave $5,000 in March to No Labels, the centrist group that recently suspended its bid to field a primary candidate to run against Biden after raising tens of millions of dollars.
At least three Republican donors also gave to Fetterman’s 2022 campaign. Retiree Clyde Robbins has given mostly to Democrats as well as to the leadership PAC for former Wyoming Republican Rep. Liz Cheney. Robbins gave Fetterman’s campaign $1,000 in March, and $1,200 to his 2022 campaign.
Another Republican donor. Kathleen Forest, an 82-year-old vineyard owner in Pennsylvania, gave $500 to Fetterman’s campaign in March. Her contribution to his 2022 campaign was her first listed federal contribution since 1994. (Barshay, Robbins, and Forest did not respond to requests for comment.)
While Republican donors gave Fetterman contributions between $500 and $3,300, Fetterman has continued to pull in donations from small-dollar donors. More than 40 percent of Fetterman’s contributions last quarter came from donations under $200.
The Pennsylvania senator has also received support from Palantir CEOAlexander Karp, who gave the maximum contribution of $3,300 to Fetterman’s campaign in January. Karp has given to several Republicans this cycle. (Karp did not respond to a request for comment.)
No Labels co-founder John Avlon, who is currently running in the Democratic primary in New York’s 1st Congressional District, gave Fetterman $1,000 in February. (Avlon did not respond to a request for comment.) Avlon denounced No Labels’s effort to recruit a candidate to challenge Biden and said he hasn’t been involved with the group since 2013.
No Labels abandoned its presidential primary bid last week after failing to recruit a centrist candidate to challenge President Joe Biden. Though it had been unable to recruit anyone, the group had already raised tens of millions of dollars — money that, despite its self-proclaimed centrism, ultimately would have gone toward trying to unseat a sitting Democratic president. The group has, for years, raised cash from Republican billionaires in service of its purportedly middle-of-the-road politics.
Now, one of No Labels’s founders is receiving Democratic support to take a congressional seat in New York. John Avlon, who helped found No Labels in 2010, is two months out from the Democratic primary in New York’s 1st Congressional District. Avlon’s website doesn’t list many specifics, and his media appearances have focused mostly on calls for “defending democracy.”
Aside from running against Donald Trump, Avlon’s stated purpose is to flip the district, which has spent nearly a decade in Republican hands, and help Democrats win the House back after losing the 2022 midterms. To do so, Avlon is turning to a Democrat who has received some blame for losing the House in the first place: On Friday, New York State Democratic Party Chair Jay Jacobs endorsed Avlon.
Democrats are still digging out from the damage done in the 2022 midterms. Progressive Rep. Alexandria Ocasio-Cortez, D-N.Y., at the time blamed Jacobs and called for his resignation, but Jacobs denied any responsibility for the losses that likely cost the party its majority in Congress.
Jacobs is, in some ways, a good match for Avlon’s campaign. The state party chair, who did not respond to a request for comment, has long clashed with party progressives and staunchly backed the state’s centrist and conservative Democrats. The approach roughly aligns with Avlon’s primary campaign, as well as his political positions in years as a media commentator and founder of No Labels, which he says he hasn’t been involved with since 2013.
“There is a reason why John has energized Democratic voters in Suffolk County and why he has by far the most local support from Democratic activists, elected officials, and organizations,” Avlon campaign manager Bryan Sokolowski said in a statement to The Intercept. “They want to take back NY-1 from MAGA extremist Republican Nick LaLota so that Democrats can flip the House and get to work protecting a woman’s right to an abortion, defending democracy and rebuilding the middle class.”
“There is a reason why John has energized Democratic voters in Suffolk County.”
Democrats vying for the Long Island seat, which encompasses parts of Southampton, East Hampton and Riverhead, have come close in recent cycles. Considered a swing seat, the district has a slight Republican bent, according to polls, and the largest share of independents in the state. Trump won the district in both the 2016 and 2020 presidential races.
Avlon, a former political operative and journalist, is hoping to appeal to the large share of independent voters in the district. He first registered as a Democrat in Sag Harbor in 2020. Prior to that, he was registered as “blank” and had not voted in a Democratic primary in New York.
The Republican in the race, first-term incumbent Rep. Nick LaLota, criticized Avlon for entering the district by purchasing a vacation home in the Hamptons in 2020 and making inroads with the district’s elite. LaLota took office last year after former Republican Rep. Lee Zeldin held the seat for eight years.
At least five Democrats are running in the June 25 primary, including Avlon and Nancy Goroff, a candidate in the 2020 race against Zeldin. Avlon may have an edge in name recognition, but Goroff is currently leading the primacy race has and has led fundraising with $610,000 so far, according to filings with the Federal Election Commission. EMILY’s List endorsed Goroff in March. Avlon’s campaign has not yet filed disclosures with the FEC but said he had raised more than $1.1 million so far.
Centrist Stalwart
Avlon is running as a centrist who can combat Trump’s influence in the district. Mainstream media have portrayed him as candidate who can help Democrats finally win the seat with little scrutiny of his policy positions.
The longtime advocate for centrism used to be a Republican operative, working as a policy adviser and speechwriter for Rudy Giuliani when he was mayor and then for his presidential run in the 2008 election. Avlon now dismisses his role with Giuliani by saying that, at the time, Giuliani was “sane” — a reference to the mayor’s ties to Trump, strong advocacy for election denial, and erratic behavior.
Today, Avlon’s campaign is focused on attacking Trump. His website says he’s running against “unhinged extremism and poisonous polarization,” including veiled warnings about Trump without mentioning him by name, but throughout his decadeslong career, Avlon has voiced more conservative opinions on issues from abortion to labor rights.
“Now is one of those times in our nation’s history when we’re all called to stand up for something bigger than ourselves,” his website reads. “We can’t afford to pretend that a presidential nominee who praises dictators and threatens democracy is normal. We need to confront lies with facts and darkness with light.”
When No Labels sought to mount its presidential run this year, Avalon said the effort was an “extraordinarily reckless risk.”
Avlon has said, without any specific policy proposals, that he supports federal investment in mitigating climate change, improving transportation, expanding the child tax credit, and reducing the cost of living for working families.
In previous comments, including several articles in the Daily Beast, Avlon haspraised Republicans, including former New Jersey Gov. Chris Christie, former Florida Gov.Jeb Bush, and South Carolina Sen.Tim Scott, for taking positions that range from confronting unions to restricting abortions.
In aninterview that was recentlyremoved from his campaign website, Avlon compared unions to the religious right. He criticized opponents of Florida Gov. Ron DeSantis’sattacks on Disney over its to the state’s “Don’t Say Gay” bill.
Avlon previouslysuggested that there are “reasonable restrictions” on abortion access and that it was “an honorable goal” to reduce the number of abortions in the country, though “it should be a matter of persuasion, not legislation.” He alsowrote that he didn’t believe that positions on abortion should be a litmus test for candidates. (Avlon’s campaign pointed to his keynote speech at a 2011 Planned Parenthood event as an example of his longtime support of abortion rights.)
Along with support from Jacobs, the Democratic state party chair, Avlon has also been endorsed by several state and local officials and regionalDemocratic groups.
Last June, New York City Mayor Eric Adams spoke to graduates at Rikers Island who received their high-school-equivalence diplomas while serving in jail.
“When you get your diplomas today,” Adams told the graduates, “I want you to stand up, lean back, be firm and strong and say, ‘I got this. When does the hard part start? I’m finished with the hard part. Now I’m moving forward to my destiny on what I want to accomplish.’”
The group represented the successful fruits of a law that guarantees access to education to people incarcerated in city jails. The success stories, however, are only part of the picture.
Other young people incarcerated in New York jails said in court filings that they’ve been repeatedly denied their legal right to education and that the city has failed to comply with a 2016 court order requiring education access for people between 18 and 21 held in in Department of Correction custody. In filings Wednesday, the plaintiffs in a decadeslong class-action suit against the city called for the appointment of a new court monitor to oversee implementation of the order.
“Not only is this a legal failing, but it’s a moral failing.”
“Not only is this a legal failing, but it’s a moral failing,” said Lauren Stephens-Davidowitz, a staff attorney with the Prisoners’ Rights Project at the Legal Aid Society, a public defense organization, which made the Wednesday filings. “You have these young people who are begging to get their high school education while they’re incarcerated, and are just trying so hard, and are being denied it.”
The original 1996 suit claimed that the city Department of Correction and the Department of Education failed to provide education to young people entitled to public schooling. Plaintiffs are now alleging that the city has failed to comply with a 2016 federal court order requiring that incarcerated young people be given access to a minimum of three hours of educational services each day. The order also required provision of special education services to people who needed them.
Class members include 29 people in New York City custody between the ages of 18 and 21 who don’t currently have a high school diploma. Declarations from class members provided to The Intercept document alleged violations of the 2016 court order, including claims that they’ve been told they can only receive education if they’re housed in certain programmatic facilities. (The Department of Education referred questions to the Department of Correction, which, like the mayor’s office, did not respond to an inquiry.)
By keeping people from accessing legally required educational services, the Department of Correction is working against its professed goal of rehabilitation, said Stefen Short, a supervising attorney with the Prisoner’s Rights Project.
“It’s proven that when an individual attains their high school diploma or the equivalent in custody, their prospects for success improve on the outside,” Short said. “DOC is essentially letting folks sit idle rather than provide them with access to educational services to which they have a right. That renders everyone in the jail setting less safe. It’s a strange state of affairs. It doesn’t serve anyone’s interests.”
Last Chance for a Diploma
The court appointed a monitor in 2016 to oversee the city’s implementation of the order. In his third report in 2018, as his two-year term was winding down, the monitor found that the order was working for younger detainees, who were being phased out of the adult criminal system under a 2018 city law and were no longer part of the class, but not for people over the age of 18.
“While the education program at Rikers has shown marked improvements during the past two years, access to education for inmates age 18 to 21 is a persistent problem,” the report said.
Only people incarcerated in special Department of Correction program housing have access to education services. Detainees don’t have a choice in where they’re housed, and people in non-program housing have said they’ve requested access to education and been denied.
At a November meeting of the city’s Board of Correction, a nine-member oversight body, Correction Department Deputy Commissioner Francis Torres said the department provided educational services at only two facilities: the Robert N. Davoren Complex and the Rose M. Singer Center. “For this year, we have targeted our educational efforts, meaning granting access to educational services at RNDC and Rose M. Singer,” Torres said.
One incarcerated person, who needs special education services and submitted a declaration as part of the new filing Wednesday, said he had lost nearly a year of progress toward his diploma during the Covid-19 pandemic and was still being denied access to education.
“I need my special education services in order to make educational progress,” the incarcerated man said. “I am not getting the three hours of education per day that I am entitled to.”
The man, who said he was interested in vocational training in carpentry, computers, or cybersecurity, added, “I want to seize every opportunity I can to prepare for a better future.”
An incarcerated 19-year-old who received special education services prior to being in jail custody said Department of Correction staff told him he had to wait to receive education services until he was transferred to a different complex. When he got there, he said staff told him he couldn’t enroll in education services because he wasn’t in a school dorm.
“I was worried that I would not be safe in another housing area,” he said. “I did not think it was fair that I had to choose between school and safety.”
When an incarcerated person turns 22, they age out of the right to get education while in jail. “This is the last chance they have to get a high school education,” said Stephens-Davidowitz, the Legal Aid attorney. “This is a critical juncture in their lives. They have a right to do it, and they’re trying.”
What is now a multimillion-dollar campaign to recall the elected prosecutor in Alameda County, California, began just six months after she took office.
When Pamela Price won office in 2022, she became the first district attorney in Alameda County, which includes Oakland, in decades who hadn’t risen through the ranks of the DA’s office. Instead, Price was a former defense and civil rights attorney focused on reforming the criminal justice system and holding police accountable for misconduct.
Now, with the recall effort against her gaining steam, Price is calling out the double standard against her office, denouncing the focus on crime as the perpetuation of a racist tropes.
“There is obviously no place where racism has been so accepted than in the criminal justice system,” she said. “When we talk about crime in America — for decades, if not centuries — crime has been a euphemism for race. And to be afraid of crime is synonymous often for many people with being afraid of Black people or being afraid of brown people.”
Police unions spent heavily against Price in 2018, when she first took on her predecessor, Nancy O’Malley, who had held office for a decade without facing a challenger. In June, a grand jury found that O’Malley violated county policies during the 2018 election by soliciting campaign funds from police unions.
Price lost to O’Malley in 2018 but beat one of her deputies in 2022 to become the first Black woman to serve as Alameda County’s district attorney.
It was under O’Malley’s tenure that homicides in Oakland first spiked, but Price’s opponents say they want to recall her because her reform policies have driven crime in the city, one of the 14 cities in the county. Price told The Intercept that those behind the recall campaign did not take the same tack against O’Malley when crime rose during her time in office — and that some of the cases she is being blamed for were handled by O’Malley.
Price acknowledged that violence remains an issue that she wants to tackle in office and said her policies are designed to allocate more resources toward the most serious crimes. She said, however, she has a problem with the way O’Malley never received the same scrutiny, criticism, or vitriol about crime during her tenure.
“If you did not hold Nancy O’Malley accountable, it is not fair for you to now be in the public eye suggesting to the public that I’m doing something wrong,” Price said. (O’Malley did not respond to a request for comment.)
O’Malley had been repeatedly accused of misconduct by defense lawyers. In one case, a judge knocked down the objections, but in another, charges were dismissed because of misconduct by O’Malley’s office. In 2021, a report from the ACLU of Northern California and Urban Peace Movement took the DA’s office to task for policies that resulted in “over-incarceration and criminalization” — particularly of Black and brown communities. O’Malley was also criticized for going easy on police and not investigating deaths of people in police custody.
Police and real estate investors bankrolling the recall push against Price have been among the reform DA’s most vocal and powerful opponents. That opposition has been long in the making, since Price’s 2018 campaign against O’Malley.
Things kicked into high gear after Price took office last year. The Oakland Police Officers’ Association has blamed her for crime and attacked her for charging police with misconduct. In April, Price charged an Oakland Police officer with perjury and threatening a witness in a wrongful conviction case. The union said the case was an attempt to undermine the credibility of police “and facilitate the release of convicted murderers.”
“My predecessor was the district attorney for 13 years. I haven’t seen anyone make a correlation between her policies and the rise and fall of crime.”
Under O’Malley, homicides in Oakland first climbed in 2012. Homicides fell and rose throughout O’Malley’s tenure and began to rise again in 2019, followed by another spike in 2020 amid the Covid-19 pandemic that affected cities and rural areas around the country. O’Malley announced her retirement in 2021 and left office in 2022, just before Price took office. Oakland homicides stayed level during Price’s first year on the job.
“My predecessor was the district attorney for 13 years,” Price said. “I haven’t seen anyone make a correlation between her policies and the rise and fall of crime.”
Oakland Real Estate Interests
O’Malley had also faced a recall effort, but not because of rising homicides in Oakland. The push, which received little attention and did not go to a vote, started after O’Malley declined to prosecute one public transit officer who knelt on 22-year-old Oscar Grant’s neck before another officer shot and killed him in 2009. For her part, O’Malley is supporting the current recall effort against Price and gave $5,000 to the effort.
Supporters of the recall effort against Price, including several wearing Make America Great Again hats, rallied at the county courthouse earlier this month on the deadline to submit petition signatures to get the recall on the ballot. County election officials are still manually counting the signatures and expect a result by April 15. Price and her supporters have accused recall leaders of paying hundreds of thousands of dollars to gather signatures and recruiting people who don’t live in the county to canvass for signatures.
Two committees are leading the recall push. The first, Save Alameda for Everyone, was launched in July by Oakland residents Brenda Grisham, whose son was killed in a shooting in 2010, and Carl Chan, who is the president of the Oakland Chinatown Chamber of Commerce. The recall committee has also paid thousands of dollars to Grisham’s own security company. (Grisham told the press the payment was a reimbursement for security costs.)
Grisham told The Intercept that she has never blamed Price for her son’s case. Her reasons for wanting to recall the DA stem from Price ignoring victims and releasing murderers. Grisham denied allegations that signatures had been improperly collected and said there was no rule that canvassers had to be from the county. She said she was confident the committee had enough valid signatures to get the recall on the ballot.
Grisham said she started planning the recall effort in June or July and that it shouldn’t matter who is funding the effort because they’re citizens of the county.
Among those backers was hedge fund partner and Oakland resident Philip Dreyfuss, who worked with Grisham and Chan before launching a second separate committee in September, Supporters of Recall of Pamela Price. He is one of the biggest individual donors to the committee and has given $390,000 so far, more than half of the money it raised last year. Dreyfuss also gave $10,000 to support the recall of former San Francisco DA Chesa Boudin in 2022. (Dreyfuss did not respond to a request for comment.)
National media outlets have framed the push to recall Price as part of a dispute over approaches to criminal justice reform. Price acknowledged that was true, but also said the fight in Alameda County is being driven by other motives, including wealthy investors who want to protect real estate interests in downtown Oakland.
Mass incarceration in California has been a failed strategy, Price said. Prosecutors in the reform movement are opposed to racism and racist policies in the criminal justice system, including mass incarceration and injustices imposed on both survivors of crime and defendants.
“Unfortunately,” Price said, “there are many in this arena who are not opposed to the racial inequities that have infected this system.”
Price pointed to her duty to the whole county, not just Oakland. “I’m the district attorney of Alameda County,” she said. “And any policies or practices that we implement are implemented and practiced across the county.”
“Unfortunately, there are many in this arena who are not opposed to the racial inequities that have infected this system.”
Price has lived in Oakland since 1978, during which time she said the city has always been portrayed in a negative light compared to others in the Bay Area. At the same time, she said, Oakland has been traumatized by gun violence that mass incarceration has not solved.
“People have always denigrated Oakland,” she said. “Now I think there’s the racism associated with putting my face as the Black face of Oakland, when in fact I’m not the mayor of Oakland, I’m not the police chief of Oakland. But it serves a purpose.”
Price added that if the people leading the recall truly cared about victims, they’d use their money to support victims in Alameda County.
“The primary backers and funders of the recall are, in fact, real estate developers and investors that have no real interest in the manner in which justice is administered to the majority of people who live, work, and play in Alameda County,” Price said. “They are a handful of wealthy folks that have as their agenda to control the way that the district attorney’s office operates. They could care less about the victims that we deal with every day.”
“The amount of money that they are prepared to spend to recall me could easily replenish the trauma recovery fund that the state is having to shut down because we don’t have any more funding.”
San Francisco District Attorney Chesa Boudin speaks to supporters during an election night event on June 7, 2022, just ahead of results that showed him being recalled as the as city’s top prosecutor.Photo: Justin Sullivan/Getty Images
The San Fran Playbook
Opponents of the recall push have also pointed to overlaps in donors and messaging between the campaign against Price and the campaign to recall Boudin in San Francisco in 2022. Boudin’s replacement, Brooke Jenkins, has also come under fire for not disclosing payments she received from groups linked to the SF recall campaign prior to her appointment. Violent crime has increased under Jenkins, but the reaction from Boudin’s critics has been muted.
Jenkins’s current term ends in 2025. She already has a challenger, Ryan Khojasteh, an alum of Boudin’s office who Jenkins fired shortly after she was appointed. After being let go, Khojasteh went to work for Price as a deputy district attorney in Alameda County. He’s currently working for Price part-time and launched his campaign against Jenkins in January.
Khojasteh is hammering Jenkins for overseeing a rise in crime after promising that getting rid of Boudin would solve San Francisco’s problems. Jenkins has now turned her fire on judges, a strategy that has largely backfired so far. Efforts to oust two San Francisco judges failed in elections earlier this month.
“Now the mayor, the DA, the police chief, who are all aligned, don’t have anyone else to blame.”
“Now the mayor, the DA, the police chief, who are all aligned, don’t have anyone else to blame,” Khojasteh told The Intercept. “So they decided to shift that to judges, and that failed.”
Even the San Francisco Chamber of Commerce, which was critical of Boudin, has raised alarms about crime in San Francisco under Jenkins. The chamber’s annual City Beat poll, released in February, showed that 72 percent of residents feel San Francisco is on the “wrong track” and 69 percent feel that crime worsened in 2023, during Jenkins’s tenure.
Although Jenkins has now fallen victim to the panic she stoked, her rhetoric has eroded faith in the entire system and made it harder for prosecutors and judges to do their jobs, Khojasteh said. Some victims have refused to cooperate because they’ve heard that DAs won’t prosecute or that judges will release people.
“That’s rhetoric coming from Brooke Jenkins making my job harder,” he said. “I’m the one begging the victim to come to court just to do the basics of my job.”
While Price pointed to similarities between her predicament and the San Francisco recall, she noted that what’s happening in Alameda County is very different.
“It’s the same false narrative used: the ‘soft-on-crime’ trope that comes from the 1980s, from Ronald Reagan.”
“We know that some of the major donors for the Alameda County effort were involved in funding the recall of Chesa Boudin,” Price said. “So it’s the same false narrative used: the ‘soft-on-crime’ trope that comes from the 1980s, from Ronald Reagan. The difference is that Alameda County is not one city.”
Alameda is a diverse county made up of many residents who rent, including those who may not be as accepting of the status quo as voters in San Francisco.
The linking of race and crime has been deeply embedded in how the criminal justice system functions, how it’s perceived, and the conversation that has proceeded, Price said.
“It’s a conversation about race and criminality that led to mass incarceration,” she said. “And so it’s that same conversation that we have to be willing to engage in, if we’re going to unravel mass incarceration.”
Two unions representing police and state troopers in Minnesota wrote a letter to Gov. Tim Walz last friday. An elected prosecutor in Hennepin County, which includes Minneapolis, was prosecuting one of their own, and they wanted her removed from the case — immediately.
On Wednesday, four Republican members of U.S. Congress from Minnesota followed up in another letter to Walz expressing “outrage” in the same case. “It is time for us as a nation to stop demonizing law enforcement,” the Republican representatives wrote. They called for an investigation into Hennepin County Attorney Mary Moriarty. At least one of the four, Rep. Michelle Fischbach, has called on Moriarty to resign.
Only a few days earlier, Minnesota Republican state lawmakers called on Moriarty to resign and drop charges against the state trooper in the case. Lawmakers accused her of coddling criminals and targeting police in “politically-motivated prosecution.”
The controversy erupted around the prosecution of a state trooper who shot and killed 33-year-old Ricky Cobb II, a Black man, during a traffic stop in July. Moriarty’s office said the trooper’s use of deadly force against Cobb was not justified.
The pressure campaign against the prosecution seems, so far, to be working. Asked about the case during a press conference on Monday, Walz, a Democrat, questioned Moriarty’s handling of the charges and criticized her assessment of the use of force. The governor’s office, however, has not yet said whether Moriarty will be removed from the case. (Moriarty’s office did not respond to a request for comment, but in a previous statement she said the unions wanted Walz to “give special treatment to this case.” Walz’s office did not respond to a request for comment.)
The attacks like those on Moriarty are not unique to Minnesota. Moriarty was among a clutch of reform-minded prosecutors who started winning elections in greater numbers in recent years. Constituents were increasingly casting their ballots for criminal justice reformers who ran on prosecuting police for misconduct and killing of civilians, ending cash bail, and curtailing the prosecution of nonviolent offenses.
In response, opponents of the reform push have been more and more explicit about why they want to remove elected attorneys like Moriarty: They’re prosecuting the police.
“It’s clear this is not about safety,” said Jessica Brand, who founded the Wren Collective, a progressive consulting firm, and works with several reform prosecutors. “It’s about power — they don’t want prosecutors in office who will hold them accountable when they abuse their power. That’s the theme that is running through the backlash in every state.”
“It’s clear this is not about safety. It’s about power — they don’t want prosecutors in office who will hold them accountable.”
In Florida, Republican Gov. Ron DeSantis has unilaterally removed two prosecutors who implemented policies he didn’t like, including one who indicted a deputy sheriff for shooting a civilian in 2020. The attorney DeSantis appointed to replace former State’s Attorney Monique Worrell, Federalist Society member Andrew Bain, dropped the charges against the deputy sheriff last week.
In Texas, where top Republican state officials and police have blamed reform prosecutors for police attrition and crime, Republican Attorney General Ken Paxton is now demanding case files on the prosecution of police in any county with more than 250,000 residents. The population threshold targets larger cities where reformers have won office or found substantial support.
“When certain crimes went up post-Covid, police unions moved quickly to attack progressive prosecutors and their policies, no matter how modest those policies were,” Brand said. “Now, crime is down, and these attacks have not only continued, but have also intensified.”
Removals From SF to Philadelphia
The opposition to district attorneys who ran on prosecuting police misconduct, which often lead to formal recall and removal efforts, has come in large part from the police.
In their letter to Walz last week, unions for Minnesota police and state troopers blamed Moriarty for a “state of crisis” among law enforcement officers in the state. They cited, in particular, Minneapolis, where the ranks of police have shrunk since an officer killed George Floyd in May 2020.
The unions wrote, “There is a crisis of confidence in the elected leadership who are supposed to be partners in making our communities safer, but instead seek to score political points through charging every police officer whom circumstances compel to use deadly force, regardless of the evidence.” (In her statement responding to the letter, Moriarty said, “[T]here is a crisis in confidence, but it is not because of attempts at accountability. It is because of well-documented and horrific instances where some officers abused their power and used unauthorized force.”)
Similar sagas have played out from San Francisco to Philadelphia. Police and their unions led attacks against reform prosecutors and poured money into efforts to remove them from office. In Worrell’s case in Florida, DeSantis reportedly worked with law enforcement targeted by Worrell for prosecution to tarnish her reputation before he removed her from office.
In Moriarty’s case, the attacks have also come from one-time allies.
Cobb’s killing is not the first case in which Moriarty was threatened with removal for adhering to the reforms she ran on in 2020. Last year, Minnesota Attorney General Keith Ellison took over another case from Moriarty in which she had declined to charge two teens accused of murder as adults.
Ellison had built his reputation as a reformer and fought off attacks from Republicans claiming he was soft on crime to win election as attorney general in 2022. The juvenile case put Ellison and Moriarty on opposite ends of a fight for reform they had once shared.
A political action committee funded by a Republican megadonor is running the first ads of the Pennsylvania primary season by an outside group attacking Rep. Summer Lee, D-Pa.
The group, Moderate PAC, launched in January 2023 to target progressives in Democratic primaries. It’s doing so with Republican money.
The ads back the candidate recruited by the American Israel Public Affairs Committee to run against Lee, Bhavini Patel, in hopes of making it to a general election against Republican candidate Laurie MacDonald.
Although Moderate PAC has employed Democratic consultants, including former Ohio Rep. Tim Ryan, its primary funder is Jeffrey Yass, one of the richest man in Pennsylvania and a major donor to the GOP. Yass, though formally registered as a libertarian, is one of former President Donald Trump’s picks for Treasury secretary should he win election in 2024.
Yass, a co-founder of a large hedge fund, has become increasingly involved in spending against progressives, aimed at keeping a regressive tax code in place and cutting funding for public schools in Pennsylvania.
“Take a cue from Laurie McDonald and just run as a Republican.”
“If you have to rely on a Super PAC bankrolled by Pennsylvania’s richest Republican — who has made it his mission to defund public education and ban abortion in PA — you’re not just unfit to run in a Democratic primary, you’re actively anti-democracy too,” said Usamah Andrabi, communications director for Justice Democrats, which is backing Lee. “Take a cue from Laurie McDonald and just run as a Republican.”
Moderate PAC Donors
Moderate PAC president and founder Ty Strong told The Intercept that other Pittsburgh area donors, including labor unions, had given to the PAC to fund ads against Lee in the race for the Pennsylvania’s 12th Congressional District.
“All the money raised for the ads in PA-12 were received from members of that community and Pittsburgh labor unions,” Strong said.
Though he didn’t identify the labor unions, Strong named six individual donors — including one registered Republican and five Democrats. Among them were private equity and venture capital executives Todd Reidbord and Gregg Perelman, who run the Pittsburgh private equity firm Walnut Capital; Richard and Arlene Weisman, who are active philanthropists in Pittsburgh’s Jewish community; and Evan Segal and Andy Rabin of the 412 Venture fund. Rabin is registered as a Republican.
Strong said the names of other donors would be revealed in the PAC’s next filings with the Federal Election Commission, which is due on April 15.
One of those donors, Segal, a Democrat who worked in the administration of former President Barack Obama, told The Intercept he hardly agreed with Yass on anything, including his reasons for funding the PAC in the first place.
“Mr. Yass’s reasons for funding this are in support of a very, very ultra-right-wing group of crazies who despise Summer Lee,” he said. Though he is supporting Yass’s PAC, Segal said, “I don’t support people on the extremes.”
Segal said he gave to Yass’s PAC not because he believes the enemy of his enemy is his friend, but that observers are anticipating further outside spending to back Lee. “We firmly believe that there will be money that will come in from the outside — from people who also hate marginalized communities — to support Summer Lee, as well as people from the right like Mr. Yass who want to run these Machiavellian games with their billions of dollars,” Segal said. (The other five identified donors did not respond to a request for comment.)
Segal said he’s backing Patel because she’ll support Democratic leaders including President Joe Biden, Senate Majority Leader Chuck Schumer, D-N.Y., and House Majority Leader Hakeem Jeffries, D-N.Y., to fight for issues like reproductive freedom and women’s equality.
Past Spending Against Lee
For her part, in a press statement last week, Lee said, “Republican-funded Super PACs and their chosen candidate couldn’t stop us last cycle, and they won’t stop us this time.”
Lee faced an onslaught of spending from pro-Israel lobbying groups in 2022. AIPAC and its ally, Democratic Majority for Israel, spent millions against her.
It’s also not the first time Lee’s opponents have claimed she’s not really a Democrat — while themselves taking money from Republicans. Patel and her campaign have strategized about how to encourage Republicans to get involved in the primary, how Patel’s campaign appeals to Republican voters, and how the campaign can encourage Republicans to switch parties to vote in the April 23 primary.
Moderate PAC’s Strong compared the donors who funded the new ads, including Republicans, to one of Lee’s donors. “This is in contrast to Rep. Summer Lee, who receives money from people condemned by the White House,” Strong added.
Strong said he was referring to Nihad Awad, executive director of the Council on American-Islamic Relations, whom the White House denounced in December after he said he was happy to see the people of Gaza breaking the long-running siege against the territory on October 7. Awad has explicitly condemned the Hamas attack and clarified that his comments were in support of Palestinians’ fight against Israel’s illegal occupation, not in support of Hamas.
Yass is also a major donor to a far-right Israeli think tank that has tried to reconfigure the country’s judicial system and suppress criticism of human rights abuses by the Israeli government.
In November 2020, Los Angeles voters moved to radically transform the way the county handled incarceration. That year, Angelenos filled the streets, joining worldwide protests after the police murder of George Floyd in Minneapolis. The mood was ripe for change, and a ballot initiative known as Measure J passed with 57 percent support, amending the LA County charter so that jailing people before trial would be treated as a last resort. Ten percent of the county’s general fund would be allocated to community-led alternatives to incarceration that prioritized diversion, job training, and health programs.
But years later, as Measure J finally, slowly, gets implemented, advocates say that changes meant to divert money from law enforcement might instead just funnel it back to them.
Case in point: In June, LA County signed over the handling of changes to pretrial detention under Measure J to the consulting firm Accenture, a behemoth in the world of biometric databases and predictive policing. Accenture has led the development of “intelligent public safety” platforms and tech-enabled risk assessment tools for national security and law enforcement agencies in the United States and around the world, including in Israel and India.An Accenture advisory panel working on the Measure J implementation includes former federal and local law enforcement agents.
Accenture’s role was further publicized Monday after Civil Rights Corps, a nonprofit focused on injustice in the legal system, sent a letter to the LA County Board of Supervisors calling on them to immediately cancel the company’s contract. The contract takes the county away from its stated vision for a “care first, jails last” approach and toward carceral policies, CRC wrote in the letter. “Already, Accenture has concluded that electronic monitoring is a ‘favorable alternative’ to incarceration, ignoring the reality that electronic monitoring is expensive, unsupported by social science, and demonstrably racially biased as applied in Los Angeles,” the letter adds. “This is unsurprising: the consultants working on the Contract have deep ties to police departments and prisons.”
Measure J was one of at least 20 local criminal justice reform efforts that passed nationwide in the six months after Floyd’s murder. It was also part of a string of major wins by advocates in Los Angeles, who had been pushing alternatives to incarceration and investment in social services long before 2020.
Measure J ran into predictable opposition: A group including the union for Los Angeles sheriff’s deputies sued to block the measure and delayed it from going into effect in 2021, but it was put back on track after a judge upheld it on appeal last year. Nationally, despite widespread support, the criminal justice reform wave was met by a well-funded and bipartisan opposition led by police, sheriffs, and conservative Republicans and Democrats who fearmongered about rising crime. In the years since the 2020 uprisings, efforts to reallocate police funding, implement federal and local police reforms, and invest in social services have been undone or derailed. Many of those who cheered the reform movement are frustrated that they haven’t seen the impact of so many policy wins. Accenture’s contract for Measure J shows another reason why.
Criminal justice reforms are “being cannibalized,” said Matyos Kidane, an organizer with the Stop LAPD Spying Coalition, an abolitionist community group based in Skid Row. Kidane said the group sometimes organizes against reforms they might otherwise support because of the way corporations and law enforcement groups exploit and defang such initiatives. He pointed to Axon, which has profited massively from the push to get police equipped with body cameras.
“It’s a golden opportunity for them,” Kidane said. When Measure J passed, “Accenture was ready to go once this opportunity presented itself.”
Accenture has not publicly announced the contract with Los Angeles County, which was signed in June 2023 without a competitive bidding process for a total of $8.6 million over two and a half years. The contract exceeded the $200,000 limit in state law and county charter for a sole-source contract, and the board of supervisors created a motion to allow the requirement to be skirted in order to implement Measure J. But that motion allowed for a contract of up to $3 million, far less than the final signing price. The county told The Intercept it had paid $2 million to Accenture so far. (The supervisors who signed the motion did not immediately respond to a request for comment.)
“Even if it were entered into legally — which it was not — the Contract is duplicative, wasteful, and harmful to Los Angeles and should be canceled on policy grounds alone,” the Civil Rights Corp letter states.
In presentations made in August to the Los Angeles Justice, Care, and Opportunities Department, which is administering the contract (published in September by the accountability group Expose Accenture) the firm gave an overview of its project timeline and plans to engage stakeholders in focus groups, interviews, workshops, and site visits. The firm highlighted targets for “quick wins” by October 1, 2023, such as creating a county website and launching marketing and communications for “Justice Involved Individuals” (i.e., people who have been arrested) and summarized top lines of conversations with 50 such people, including the observation that there was wide support for electronic monitoring as an alternative to custody.
A spokesperson for the county CEO, which controls county budget decisions, directed questions about the CRC letter to JCOD, as did Accenture. Department spokesperson Avi Bernard did not answer specific questions about how the county raised the limit for the contract but told The Intercept that JCOD had used approved county procedures and consulted with county counsel throughout the contract process. Bernard said CRC had previously raised similar concerns. “County Counsel and Board reviewed these concerns and found no issues with continuing the contract,” Bernard said. He added that there had been “no conversations with Accenture” and JCOD related to the use of electronic monitoring.
Bernard said that so far, Accenture had designed an independent pretrial services agency for the county, incorporated input from stakeholders, and supported a hotline, website, and marketing campaign. Bernard said the firm has now deployed a three-person implementation team to launch the independent pretrial services agency and is helping JCOD develop a case management IT system.
“It’s talking left while running off with the profiteers of mass surveillance and detention.”
The fact that Accenture was even an option for implementing Measure J came as a shock to many of its supporters, who had watched the county meet with community partners interested in helping carry out its implementation. The contract was also news to some county supervisors, according to advocates with knowledge of the contract process.
“It’s worse than talk left, walk right politics,” said Nika Soon-Shiong, founder and executive director at the Fund for Guaranteed Income and a Ph.D. researcher on digital identification systems. “It’s talking left while running off with the profiteers of mass surveillance and detention.”
Accenture has pushed counterterror and policing strategies around the globe: The company built the world’s biggest biometric identification system in India, which has used similar technologies to surveil protesters and conduct crowd control as part of efforts by Prime Minister Narendra Modi’s Bharatiya Janata Party to investigate the citizenship of Muslim residents. And in Israel, Accenture acquired the cybersecurity firm Maglan in 2016 and has worked to facilitate collaboration between India and Israel aimed at “fostering inclusive economic growth and maximizing human potential.”
Accenture ballooned into a giant in federal consulting over the course of the “war on terror,” winning hundreds of millions of dollars in lucrative contracts from federal agencies like the Department of Homeland Security for projects from a “virtual border” to recruiting and hiring Customs and Border Protection and Border Patrol agents. In 2006, Accenture won a $10 million contract for a DHS biometric ID program, the world’s second biggest, to collect and share biometric data on foreign nationals entering or leaving the U.S. The company has also worked with police departments in Seattle and in the United Kingdom. Jimmy Etheredge, Accenture’s former CEO for North America, sits on the board of the Atlanta Police Foundation.
Asked about Accenture’s international work on biometric identification, predictive policing, and national security, Bernard, the JCOD spokesperson, said the firm was involved in many different kinds of work. “Accenture is a large, international consulting firm with many lines of business. The specific consultants assigned to this project are part of a team in Accenture dedicated to the public sector. Their team comes from a variety of backgrounds, primarily in the health and human services industry.”
But several LA-based advocates told The Intercept that the contract is yet another development that calls into question the county’s commitment to real criminal justice reform. The county has missed all of its deadlines for a plan to close the notoriously inhumane Men’s Central Jail, even as deaths in custody continue apace. In August, the Los Angeles County Sheriff’s Department issued a Request for Information for a biometric identification system.
“I’m genuinely confused about how we ended up with this Accenture contract, especially as someone who participated in the development of the Care First, Jails Last (ATI) report,” said Danielle Dupuy-Watson, CEO of CRC, referring to an “Alternatives to Incarceration” working group commissioned by the county. “We hoped for transparency and accountability but instead we were gaslit.”
Behind-the-scenes deals like the one with Accenture are one reason that popular reforms haven’t come to fruition, said Lex Steppling, an organizer with Los Angeles Community Action Network.
“There’s the performance of democracy on the front end where a policy gets pressured into place, and on the back end there’s no governance.”
“People vote in that direction, and then it doesn’t happen. And they chalk it up to, ‘Well, politicians ain’t shit,’” Steppling said. People assume, he added, that when policy is passed, bureaucrats work out its implementation. “What we’re learning is there’s the performance of democracy on the front end where a policy gets pressured into place, and on the back end there’s no governance. It just simply gets procured and contracted away to these consulting firms.”
That the county took a historic progressive reform and contracted it out to a firm that put the community’s plans back into the hands of law enforcement is a perfect expression of the problem, Steppling said. “There’s no democracy there. There’s no transparency there. Nobody even knows it’s happening.”
After decades of avoiding direct involvement in electoral politics, the country’s flagship Israel lobby group, the American Israel Public Affairs Committee, formed a pair of political action committees in recent years and has been spending millions on political races.
Now, progressives are fighting back, building a bulwark against the pro-Israel lobby onslaught with a new campaign to reject AIPAC.
A group of 25 progressive organizations — including Justice Democrats, the Working Families Party, the IfNotNow Movement, and Jewish Voice for Peace — launched the Reject AIPAC coalition Monday. The coalition plans to organize against AIPAC across electoral, political, and digital arenas. One facet of the plan calls for a seven-figure electoral spending campaign to defend members of Congress being targeted by AIPAC.
In a press release announcing its launch, the coalition said it would work to “organize Democratic voters and elected officials to reject the destructive influence of the Republican megadonor-backed AIPAC on the Democratic primary process and our government’s policy towards Palestine and Israel.”
Financed by AIPAC’s major donors, including Republican billionaires and key GOP funders, the 2021 launch of the Israel lobby’s new super PAC was readymade to outspend progressives. AIPAC and its allies have reshaped the electoral field in key primaries, shifted the balance of power in Congress, and imposed costly consequences for criticism of U.S. support for Israel’s human rights abuses.
The Washington debate around the Israeli–Palestinian conflict has become particularly fraught amid Israel’s relentless assault on the Gaza Strip. Even as the International Court of Justice ruled that a case against Israel for genocide should proceed, progressive members of Congress have been attacked for using the term — or, early on in the war, just for calling for a ceasefire.
AIPAC recruited and is bankrolling a challenger to Rep. Jamaal Bowman, D-N.Y., for instance, who made early and forceful calls for a ceasefire in the Gaza war. Rep. Summer Lee, D-Pa., who faced an AIPAC spending onslaught in 2022, is expected to face millions in AIPAC expenditures again this year.
“We have watched as AIPAC has done everything it can to silence growing dissent in Congress against Netanyahu’s assault on Gaza — which has killed over 31,000 Palestinians — even as Democratic voters overwhelmingly support a ceasefire and oppose sending more blank checks to the Israeli military,” the coalition said. “Now, AIPAC’s Republican donor-funded Super PAC, the United Democracy Project, is threatening to spend $100 million targeting the handful of Black and brown members of Congress who have led the calls for a ceasefire and the equal protection of Palestinian and Israeli lives.”
AIPAC and its allies’ growing influence on Democratic Party politics has presented a major problem for progressives. The organizations backing progressives rely mostly on small-dollar donors and can’t compete with AIPAC’s war chest.
Even as it attacks Democrats on the parties left flank, however, AIPAC has cozied up to the GOP’s far right. In the 2020 election, AIPAC endorsed more than 100 Republicans who voted to overturn the results of that year’s presidential race.
This year, the group encouraged Republicans to switch parties to vote in at least one Democratic primary where it recruited Westchester County Executive George Latimer to run against Bowman. AIPAC is the biggest donor to Latimer’s campaign so far, The Intercept reported.
While progressive candidates like Lee have fended off AIPAC and its allies, its chilling effects reach far beyond elections. The group also has an outsized lobbying influence on Capitol Hill and spends millions of dollars a year on lobbying efforts, another arena in which the left has been outmatched.
The Reject AIPAC coalition says it will try to counterbalance those efforts on the Hill and call on members to disavow AIPAC’s endorsement and instead sign a pledge not to take any more money from the group. For the moment, however, many senior Democrats, including those in leadership, have benefited from AIPAC’s largesse.
“The overwhelming influence of corporate Super PACs on our democracy and elections has expanded the gap between voters and their elected leaders into a canyon that has been exploited by every special interest and corporate lobby,” the coalition said. “Rejecting AIPAC is a crucial step in putting voters back at the center of our democracy.”
Anti-war Michiganders are banding together in the crucial swing state to urge fellow voters to choose the “uncommitted” slot on their Democratic Party primary ballots next week, with the aim of getting President Joe Biden to shift his stance of unwavering support for Israel’s deadly assault on the Gaza Strip.
Now, a centrist Democratic pro-Israel group is running an ad campaign in the state to persuade Michiganders to be vocal in their support of Biden — and tick the box next to his name on the primary ballot.
The ad campaign is the latest effort in the primaries mounted by Democratic Majority for Israel, which is closely aligned with the right-leaning American Israel Public Affairs Committee and fellow centrists of the Mainstream Democrats PAC.
“Voting uncommitted hurts Biden, which helps Donald Trump and his hateful agenda,” says the DMFI ad, which ran on YouTube.
DMFI’s attempt to bolster support for Biden’s campaign comes as the group and its allies are also spending millions of dollars to attack members of Biden’s party. The group’s political action committee, DMFI PAC, has also run ads attacking progressives in the 2024 primary races and spent millions against progressive candidates in recent years.
The moves are a Democrat-focused version of the wider pro-Israel push to unseat members of Congress who criticize Israel’s rights abuses against Palestinians, call for a ceasefire in the war on Gaza, and move to limit or restrict arms sales to Israel. The attacks have targeted progressives, particularly members of the Squad.
AIPAC, which shares donors and other connections to DMFI, plans to spend at least $100 million this cycle, making it one of the largest players in Democratic primaries. The group has also run an intensive effort to recruit challengers to run against several Squad members.
The DMFI ad comes just days before Michigan’s Democratic primaries, set to take place next Tuesday. DMFI, whose disclosures about the campaign have not yet been filed, did not immediately respond to a request for comment about how much it spent on the ads.
Organizers of the campaign to select “uncommitted” say they intend the protest vote as a vote of no confidence on Biden’s support for Israel’s war on Gaza — and a warning that having voters dissatisfied with his position could come back to bite the president in the general election.
“We are sending the warning sign to President Biden and the Democratic Party now in February, before it’s too late in November.”
“This is not an endorsement of Trump or a desire to see him return to power,” they wrote on their website. “We are sending the warning sign to President Biden and the Democratic Party now in February, before it’s too late in November.”
The state boasts more than a quarter million Middle Eastern and North African residents, according to the latest census estimates, a community that includes many Palestinians and is in general more critical of blind support for Israel.
Michigan’s 15 electoral votes are key to Biden’s reelection chances. In 2016, Trump won the state by 10,000 votes, while in 2020 Biden took the state by around 150,000 votes. Moreover, Michigan had the highest young voter turnout in the 2022 midterm election, a benchmark that could be undercut this year as young voters overwhelmingly disapprove of Biden’s handling of Israel’s war on Gaza.
Polls conducted since October 7 indicate a tight race in the state, with Trump winning in several tests. A poll conducted this week that had Biden trailing by 4 percentage points to Trump also showed 74 percent percent of Democrats and 64 percent of independents in favor of a ceasefire accompanied by the release of hostages and provision of aid to Gaza.
The “vote uncommitted” push has the backing of an array of state officials, including Mayor Abdullah Hammoud of Dearborn, Michigan, which has the largest per capita Muslim population in the country, and state House Majority Leader Rep. Abraham Aiyash, among numerous other state and local officials throughout Michigan. (The Biden campaign did not respond to a request for comment.)
“I’m trying to scream from the rooftops,” said former Rep. Andy Levin, D-Mich., who was previously targeted by DMFI and supports the uncommitted effort. “You’re not going to win unless you change course.”
In October, DMFI PAC ran ads attacking Rep. Rashida Tlaib, D-Mich., for calling for a ceasefire in Gaza and voting against a congressional resolution in support of Israel that did not mention Palestinians killed. Mainstream Democrats PAC, run by billionaire Democratic donor Reid Hoffman, also considered funding primary challenges against squad members including Tlaib and Rep. Cori Bush, D-Mo.