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Supreme Court Agrees to Hear Missouri v. Biden

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From the Brownstone Institute

BY Aaron KheriatyAARON KHERIATY  

The Supreme Court agreed to hear arguments over the Fifth Circuit’s grant of a preliminary injunction in Missouri v. Biden. As I mentioned in previous posts, the injunction would bar officials from the White House, CDC, FBI, Cybersecurity and Infrastructure Security Agency (CISA), and Surgeon General’s office from coercing or significantly encouraging social media platforms to censor constitutionally protected speech.

My fellow plaintiffs and I welcome this opportunity to defend the First Amendment rights of all Americans in the U.S. Supreme Court. We expect to hear from the Court soon regarding the hearing dates—it could be in February or March.

The Fifth Circuit panel of judges last month upheld the key components of U.S. District Judge Terry Doughty’s July 4 preliminary injunction order, prohibiting named federal officials from coercing or significantly encouraging social media companies to suppress legal speech.

That decision vindicated our claims that we—and countless other Americans—were blacklisted, shadow-banned, deboosted, throttled, and suspended on social media as part of the government’s years-long censorship campaign orchestrated by the federal government.

The Biden Administration’s censorship regime has successfully suppressed perspectives contradicting government-approved views on hotly disputed topics such as whether natural immunity to covid exists, the safety and efficacy of Covid-19 vaccines, the virus’s origins, and mask mandate efficacy.

Beyond covid, the documents we’ve obtained on discovery demonstrate that the government was also censoring critiques of its foreign policy, monetary policy, election infrastructure, and lighting rod social issues from abortion to gender ideology.

The vast, coordinated, and well-documented effort has silenced influential, highly qualified voices including doctors and scientists like my co-plaintiffs Dr. Bhattacharya and Dr. Kulldorff, as well as those like Jill Hines who have tried to raise awareness of issues. Though the US Supreme Court temporarily stayed the Fifth Circuit’s injunction until they make a ruling, I believes the Justices are ultimately unlikely to permit the egregious First Amendment abridgements our case has exposed.

The Fifth Circuit recognized that the Plaintiffs did “not challenge the social-media platforms’ content-moderation policies.” Rather, Plaintiffs challenged the government’s unlawful efforts to influence “enforcement of those policies.” The government gravely harmed the ability of Americans to convey their views to the public, and it deprived Americans of their right to hear opinions that differ from the government’s. Judge Doughty strikingly described the Administration’s conduct as “arguably the most massive attack against free speech in United States history” and “akin to an Orwellian Ministry of Truth.” He was right, and the US Supreme Court must not permit it.

Here are some reactions to the news from our lawyers at NCLA:

“NCLA is thrilled to have the opportunity to vindicate the First Amendment rights of our clients, and all Americans, in the nation’s highest court. We are confident that after a thorough review of the disturbing facts in this important case—which involves unprecedented government-imposed, viewpoint-based censorship—the Court will recognize the grievous, unconstitutional nature of the government’s conduct and enjoin it.”
— Jenin Younes, Litigation Counsel, NCLA

“We are disappointed Americans’ First Amendment rights will be vulnerable to government infringement until this case is decided. But we are confident this Court, as strong as it is on First Amendment issues, will rule against the government and uphold our clients’ rights and liberties.”
— John Vecchione, Senior Litigation Counsel, NCLA

“If anything, the Fifth Circuit’s decision did not go far enough in enjoining the reprehensible conduct exposed in this case. The facts of this case show government agencies censored speech in a deliberate effort to control the narrative on several controversial topics ahead of the last election. The First Amendment forbids such censorship, and the Supreme Court must never allow such mischief again, if we are to keep our democracy.”
— Mark Chenoweth, President, NCLA

Republished from the author’s Substack

Author

  • Aaron Kheriaty

    Aaron Kheriaty, Senior Brownstone Scholar and 2023 Brownstone Fellow, is a psychiatrist working with the Unity Project. He is a former Professor of Psychiatry at the University of California at Irvine School of Medicine, where he was the director of Medical Ethics.

illegal immigration

Suspected Terrorists Illegally Entering US Up Over 2,500% Under Biden From Trump Era

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From the Daily Caller News Foundation

By JASON HOPKINS

 

The number of suspected terrorists entering illegally into the U.S. has spiked over 2,500% since the previous administration, according to the latest federal data.

Border Patrol agents apprehended a total of 367 individuals at the southern and northern borders between fiscal years 2021 and 2024 whose names appeared on the terror watch list, according to the latest data released by Customs and Border Protection (CBP). The number marks a roughly 2,521% increase from the 14 suspected terrorists caught between ports of entry in fiscal years 2017 to 2020.

There were 80 Border Patrol encounters of suspected terrorists at the U.S.-Mexico border in the first seven months of the current fiscal year, while there were only 11 caught by agents during President Donald Trump’s White House tenure from fiscal years 2017 to 2020, the data shows.

The latest numbers follow several high-profile encounters with suspected terrorists at the border, with some being allowed to roam free into the country.

Mohammad Kharwin, an Afghan national, was placed into a government monitoring program after illegally crossing the U.S.-Mexico border near San Ysidro, California, in 2023. He was almost immediately taken off the program, known as Alternatives to Detention, and was able to roam free in the country for nearly a year until it was discovered that he had potential ties to Hezbo-e-Islmi, a U.S.-designated terrorist organization.

A Pakistani national illegally crossed the southern border in November 2023 and was a confirmed match for a name on the terror watch list. The terror suspect was also placed into the Alternatives to Detention program for a day before being put back into physical detention.

The latest immigration data also reveals the record number of Chinese nationals entering the U.S., which Republican lawmakers argue present another security risk for the country.

A total of 27,583 Chinese nationals unlawfully crossed into the U.S. over the past seven months of fiscal year 2024 — surpassing the 24,125 who illegally crossed in fiscal year 2023 and exceeding the 1,987 who illegally entered in fiscal year 2022, the CBP numbers show.

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Crime

The US Canadian border: Greatest number of terrorist watch list individuals being apprehended at northern border

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A Border Patrol agent standing watch at the Montana-Canada border in the CBP Spokane Sector. The Spokane Sector covers the U.S.-Canada border along the northwestern section of Montana, part of Idaho, and the eastern part of Washington.

From The Center Square 

Lack of operational control at northern border poses national security threats

The northern border largely has been unmanned and understaffed for decades as federal reports issue conflicting conclusions about how much, or how little, operational control exists.

Some officials have suggested the U.S. Department of Homeland Security has just 1% operational control over the northern border after a 2019 General Accounting Office audit of U.S. Customs and Border northern border operations. But a December 2022 DHS report claimed, “The Border Patrol is better staffed today than at any time in its 87-year history,” noting no surveillance of extensive parts of the northern border existed prior to 9/11.

After 9/11, several federal agencies were combined to fall under the newly created Department of Homeland Security. Within 20 years, roughly 950 miles along the U.S.-Canada border from Washington to Minnesota, and roughly 200 miles along the northern border in New York and Lake Ontario, were under unmanned aircraft surveillance. None of these areas “were covered prior to the creation of DHS,” DHS says, meaning the northern border was largely unprotected since Border Patrol’s founding in 1924.

In 2012, DHS released its first unified department strategy for U.S.-Canada border security, prioritizing “deterring and preventing terrorism and smuggling, trafficking, and illegal immigration; safeguarding and encouraging the efficient flow of lawful trade, travel, and immigration; and, ensuring community resiliency before, during, and after terrorist attacks and other disasters.”

Within 10 years at the northern border, more than 2,200 Border Patrol agents were stationed between ports of entry; nearly 3,700 CBP officers were stationed at ports of entry; more than 35 land ports of entry were modernized; and thermal camera systems, mobile and remote video surveillance systems had been deployed.

Havre Sector Border Patrol agent patrolling northern border on an ATV. The Havre Sector covers the U.S.-Canada border along most of Montana’s northern border, and includes part of Idaho and all of Wyoming, Colorado and Utah.

Despite these improvements, “the northern border is under-resourced by far compared to the southwest border,” former Border Patrol chief Mark Morgan told The Center Square. “But at the same time, it still represents significant threats. Cartels are expanding their operations, flying people into Canada, which doesn’t require a visa, presenting an opportunity for terrorist watch-listed individuals to exploit. It’s much easier to get to Canada to come across.

“Data from 39 months shows terrorist watch-listed individuals are coming here every day and they aren’t stopping,” Morgan added.

For years and prior to the current border crisis, there weren’t enough personnel to cover all shifts, and the infrastructure, technology and equipment afforded to them didn’t compare to those at the southwest border, he said. People can easily drive snow mobiles over frozen territory or boats across the Great Lakes in areas that are unmanned, Morgan said, with a previous policy of self-reporting to authorities.

“The northern border represents a threat,” Morgan said. Noting it only took 19 men to carry out the 9/11 terrorist attacks, Morgan has warned that a terrorist threat is already in the U.S. No one knows how many terrorist watch-listed individuals have illegally entered who weren’t caught, multiple officials have told The Center Square.

While much attention has focused on the southwest border, the greatest number of known or suspected terrorists to ever be apprehended in U.S. history were at the northern border in fiscal 2023, breaking fiscal 2022’s record, The Center Square first reported.

This fiscal year through April, the greatest number of KSTs (known or suspected terrorists) continue to be apprehended at the northern border, 143 so far, according to CBP data.

Potential terrorist threats are not new and have persisted for some time, federal reports indicate. One Border Patrol  intelligence report says terrorist threats potentially come from “foreign violent extremists to exploit established alien smuggling routes and networks for the purpose of evading detection en route to the United States.”

Other threats include drug smuggling from Canada into the U.S., connected to “criminal groups with known ties to or hired by Mexican drug trafficking organizations” and human smuggling. In the last few years, human smuggling attempts and apprehensions have significantly increased, The Center Square has reported.

The Center Square first began reporting on northern border national security threats several years ago. Since then, apprehensions of illegal border crossers in the first six months of fiscal 2024 were the highest on record. In the busiest sector of Swanton, Border Patrol agents recently apprehended more people in one week than they did in all of fiscal 2021.

Last month, they apprehended more than 1,400 illegal border crossers, more than they did in fiscal years 2021 and 2022 combined, Swanton Sector Chief Border Patrol Agent Robert Garcia just announced, saying it was “another record-breaking milestone in northern border history.”

This is after they apprehended more than 6,700 in fiscal 2023, more than the apprehensions of the previous 11 years combined, The Center Square first reported.

The U.S.-Canada border is the longest international border in the world of 5,525 miles. Unlike the U.S.-Mexico border, there are no border walls or similar barriers along the U.S.-Canada border. Through DHS, CBP officers are tasked with border security at ports of entry and Border Patrol agents between ports of entry along 4,000 miles. The U.S. Coast Guard, working with CBP’s Air and Maritime Operations, covers maritime security.

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