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Transparency Is Not Optional for Democracy
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In a healthy democracy, power operates inside a glass house.
Public records, the intentional separation of powers, and an intricate system of checks and balances keep the citizens aware of their elected representatives’ actions, and there is no curtain obscuring who is protected or punished under the law.
But the Trump administration is operating differently.
In the first nine months of his second term, President Trump has had civil servants ([link removed]) and perceived political opponents ([link removed]) removed ([link removed]) from office, deployed ([link removed]) federal troops ([link removed]) to multiple ([link removed]) American ([link removed])
cities ([link removed]) , and ordered hundreds of thousands of immigrants ([link removed]) to be deported ([link removed]) — many without probable cause ([link removed]) or due process ([link removed]) , and even despite court orders ([link removed]) blocking some flights.
We’ve been investigating the Trump administration’s many abuses of political power, including its unprecedented use of state and federal law enforcement to both target ([link removed]) immigrants ([link removed]) and silence dissent ([link removed]) . This week, we filed two dozen Freedom of Information Act (FOIA) requests ([link removed]) for records related to Trump’s recent memo authorizing ([link removed]) the deployment of National Guard troops, federal law enforcement, and immigration enforcement
officials to Memphis, Tennessee.
* The requests build on our ongoing investigations ([link removed]) into the administration’s abuse of federal power and normalization of military presence on the streets of U.S. cities. We’ve previously filed other requests for records related to deployments in Washington, D.C. and Los Angeles, and the consideration of deployments to other cities including Baltimore, Chicago, and New Orleans.
* “The deployment of armed troops to patrol American cities is an extraordinary act that must not be normalized. Crime is on the decline in Memphis, and the public — including local residents — deserve the truth about why the president has chosen to send soldiers into their neighborhoods,” our Executive Director Chioma Chukwu said. “Put plainly, our military should not be policing everyday people. We have laws and safeguards for a reason — to protect against such abuses of power and prevent any one president from overstepping.”
** New Lawsuit Seeks Recordings of Deportation Flights to El Salvador
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In another effort to demand transparency about the Trump administration’s use of political power to advance the president’s anti-immigrant agenda, we sued the Department of Justice ([link removed]) this week for the release of photographs and audio/video recordings of the March 2025 removals of Venezuelan nationals to El Salvador.
* The deportation flights were carried out under President Trump’s unprecedented ([link removed]) invocation of the Alien Enemies Act and reportedly proceeded despite a federal court order ([link removed]) blocking them.
* Our lawsuit ([link removed]) seeks records that could help corroborate whistleblower allegations ([link removed]) that then-Principal Associate Deputy Attorney General Bove told DOJ attorneys the removals would happen “no matter what” and pressured them to ignore any court orders halting the removals.
* “Trump Administration officials — including Emil Bove, who has since been confirmed to a lifetime seat on the federal bench — are alleged to have ignored a court order and forcibly sent people to a notorious foreign prison, stripping them of their due process,” our Executive Director Chioma Chukwu said. “These are human beings whose freedom and dignity were on the line, and the public deserves to know the full truth of what happened.”
* She added, “If the DOJ is allowed to stonewall here, it signals to every corner of government that misconduct can be hidden without consequence. Transparency isn’t optional in a democracy — without it, accountability collapses and there is no public trust.”
** Investigating Potential Trump Administration Interference at DOJ, Other Agencies
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Last week, we expanded the focus of our investigation into whether the Trump administration has pressured federal agencies to pursue baseless criminal allegations, including relating to mortgage fraud, against its perceived political opponents. Following reports that Trump was “poised to fire” ([link removed]) the U.S. Attorney for the Eastern District of Virginia, Erik Siebert ([link removed]) , after investigators in his office found no evidence to support mortgage fraud charges ([link removed]) against New York Attorney General Letitia James, we sent new FOIA requests ([link removed]) to the DOJ, the Federal Housing Finance Agency (FHFA), and the
Federal Reserve.
* Siebert, who Trump nominated ([link removed]) to the position in May, resigned ([link removed]) last week amid mounting pressure from the president.
* News of Trump’s campaign to oust Siebert came just days after reports ([link removed]) indicated similar allegations his administration lodged against Federal Reserve governor Lisa Cook ([link removed]) , in efforts to strong-arm the central bank into aligning with the president’s demands, were unfounded ([link removed]) .
* Our requests seek records that could shed light on whether — and to what extent — the Trump administration coordinated criminal referrals or attempted firings at the agencies to advance the president’s political agenda.
* “Firing, or even threatening to fire, a prosecutor for refusing to bring baseless criminal charges based on the president’s political proclivities is a dangerous escalation of weaponized federal power — and it raises serious questions about the limits of unchecked power in the Trump administration,” our Executive Director Chioma Chukwu, said.
** On the Records
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** Victory Secured in Long-Running Congressional FOIA Case
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This week, one of our longest-running public records lawsuits ended in a victory ([link removed]) , with a federal judge ruling in our favor that communications from the Department of Health and Human Services (HHS) and Office of Management and Budget (OMB) related to the first Trump administration’s 2017 efforts to overturn the Affordable Care Act (ACA) are not exempt from FOIA.
* We filed the lawsuit in 2017, and have long fought in court ([link removed]) for the public release of the communication records between members of Congress and HHS and OMB staff members.
* On Thursday, a federal judge affirmed ([link removed]) that agencies and congressional staff cannot avoid FOIA’s reach simply because boilerplate language pasted onto emails labels them “congressional records.”
* This week’s ruling follows an earlier win in the case ([link removed]) last year, when the court of appeals rejected the government’s sweeping attempt to withhold records under an exemption to FOIA.
The records at issue in this case — about decisions which could have resulted in 17 million Americans losing their medical coverage — would have best served the public by being released at the time members of Congress were attempting to weaken the ACA.
* Still, this week’s victory ensures that the public will gain long-delayed access to records about the first Trump administration’s coordination with Congress during their 2017 effort to repeal the ACA, and congressional staff will find it harder to block the public from executive branch records they have a right to see.
** Other Stories We’re Following
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** Trump Administration Accountability
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* Tom Homan was investigated for accepting $50,000 from undercover FBI agents. Trump's DOJ shut it down. (NBC News ([link removed]) )
* Democrats open inquiries into handling of Homan investigation (New York Times ([link removed]) )
* Judge rejects Trump’s ‘tedious and burdensome’ New York Times defamation lawsuit (Democracy Docket ([link removed]) )
* Trump administration eyes USAID money to advance America First goals (Washington Post ([link removed]) )
* In Trump’s D.C. surge, helicopters hovered and surveilled day and night (Washington Post ([link removed]) )
* Who really runs DHS? (New York Magazine ([link removed]) )
* In doctors’ offices, the consequences of Trump’s comments on Tylenol and vaccines are immediately clear (CNN ([link removed]) )
* Trump suggests farmer bailout coming from tariff money (Axios ([link removed]) )
** Voting Rights
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* US Justice Department sues 6 more states, including NY and California, in its quest for voter data (Associated Press ([link removed]) )
* Texas counties struggle to process voter registrations using state’s new TEAM system (Votebeat ([link removed]) )
* DOJ urges SCOTUS to end key VRA protection for minority voters (Democracy Docket ([link removed]) )
* Timeline: Tracking the Trump Justice Department’s anti-voting shift (Democracy Docket ([link removed]) )
** State and National News
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* Kristi Noem fast-tracked millions in disaster aid to Florida tourist attraction after campaign donor intervened (ProPublica ([link removed]) )
* Armed guards and Muscle Milk: Senate investigation reveals DOGE takeover details (Wired ([link removed]) )
* As Texas flooded, key staff say FEMA’s leader could not be reached (Washington Post ([link removed]) )
* Harvard dean was paid $150,000 as an expert witness in Tylenol lawsuits (New York Times ([link removed]) )
** LGBTQ+ Rights
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* Texas Gov. Abbott signs sweeping "bathroom bill" targeting transgender people (Axios ([link removed]) )
* Patients at Pa. hospitals fight DOJ’s demand for gender-affirming care records (Pennsylvania Capital-Star ([link removed]) )
** Abortion and Reproductive Rights
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* Federal agencies are studying safety of abortion drug mifepristone, driving new concerns about limits on access (CNN ([link removed]) )
* Judge orders revisions to ballot language for Missouri abortion ban proposal (Missouri Independent ([link removed]) )
* Planned Parenthood of Wisconsin to pause abortions as it sorts out Trump tax and spending law (Milwaukee Journal Sentinel ([link removed]) )
** Threats to Education
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* 3 school districts to lose $65 million over gender and DEI policies (New York Times ([link removed]) )
* Ryan Walters resigns as Oklahoma’s top public schools official to lead conservative educators’ group (Associated Press ([link removed]) )
* Angelo State University bans classroom discussions of transgender identities, stirring criticism and confusion (Texas Tribune ([link removed]) )
** Government Transparency and Public Records Law
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* ICE might be breaking the law to stonewall reporters (Columbia Journalism Review ([link removed]) )
* Minnesota police group fights release of undercover officers’ names (Sahan Journal ([link removed]) )
* Archives released too much of Mikie Sherrill's military record to her opponent in governor's race (CBS News ([link removed]) )
** Immigration
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* US border patrol collected DNA from thousands of US citizens for years, data shows (Guardian ([link removed]) )
* ‘The new family separation crisis’: More than 100 US citizen kids left stranded by ICE enforcement actions, CNN finds (CNN ([link removed]) )
* ‘Like Prime, but with human beings’: How the Trump administration is using AI to ramp up immigration enforcement (CNN ([link removed]) )
* Documents offer rare insight on ICE’s close relationship with Palantir (Guardian ([link removed]) )
* Hundreds of Alligator Alcatraz detainees drop off the grid after leaving site (Miami Herald ([link removed]) )
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