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      The US Capitol riot risks supercharging a new age of political repression | Akin Olla

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      Following the fascist riot at the US Capitol, progressives and liberals have begun to mimic the calls for “law and order” of their conservative counterparts, even going as far as threatening to expand the “war on terror”. While this may be well-intentioned, it fits neatly within the trajectory of attacks against civil liberties over the last two decades. A Biden administration with a 50-50 Senate will seek unity and compromise wherever it can find it, and oppressing political dissidents will be the glue that holds together Biden’s ability to govern.A wide array of actors within the United States government have long predicted, and begun to prepare for, a new age of protests and political instability. In 2008 the Pentagon launched the Minerva Initiative, a research program aimed at understanding mass movements and how they spread. It included at least one project that conflated peaceful activists with “supporters of political violence” and deemed that they were worth studying alongside active terrorist organizations.All the pieces are in place for Biden to attempt to unite the parties by being a ‘law and order’ presidentA 2018 war game enacted by the Pentagon had students and faculty at military colleges create plans to crush a rebellion led by disillusioned members of Gen Z. This hypothetical “ZBellion” included a “global cyber campaign to expose injustice and corruption”. A campaign that would in real life no doubt be monitored by the NSA’s Prism program, which captures the vast majority of electronic communications in the United States. Prism was developed in 2007, partially out of fear that environmental disasters might lead to a rise in anti-government protest.These steps further the already oppressive post-9/11 surveillance apparatus developed through the Patriot Act, a bipartisan piece of legislation championed by President-Elect Biden. Though some of these tools were developed to “fight terrorism”, in practice they’ve also been used to monitor and interfere with the work of activists – leading to violations of civil liberties such as the placement of undercover NYPD officers in Muslim student groups across the north-east. And every post-9/11 president has added to this, steadily increasing federal and local agencies’ power to surveil, detain and prosecute those who appear to pose a challenge to the status quo.This level of repression is also being carried out by states. Since 2015, 32 states have passed laws designed to discourage and punish those who engage in boycotts against Israel. Many states have also worked to dismantle once-institutionalized statewide student associations such as the Arizona Student Association and the United Council of Wisconsin, in one blow destroying opposition to tuition hikes and eradicating an important ally to social movements, such as the Boycott, Divestment and Sanctions (BDS) campaign against Israel.Republicans have long called for the increased repression of activists, but the chorus has reached a crescendo in the age of Black Lives Matter and climate protestsRepublicans have long called for the increased repression of activists, but the chorus has reached a crescendo in the age of Black Lives Matter and climate protests. In the last five years, 116 bills to increase penalties for protests including highway shutdowns and occupations have been introduced in state legislatures. Twenty-three of those bills became law in 15 states. Following the killing of George Floyd and the subsequent uprisings, we’ve seen another flow of proposals. For example, Governor Ron DeSantis of Florida would like to make merely participating in a protest that leads to property damage or road blockage a felony, while granting protections to people who hit those same protesters with their cars. Following the storming of the Capitol, DeSantis, a Trump ally, has expanded these proposals with more provisions and harsher consequences. The only thing preventing the passage of many of these laws thus far has been opposition from Democrats.But now the Democrats have caught the tune and returned to their post-9/11 calls for heightening the “war on terror”. Joe Biden has already made it clear that he intends to answer these calls. He has named the rioters “domestic terrorists” and “insurrectionists”, both terms used to designate those whose civil liberties the state is openly allowed to violate. He has declared he will make it a priority to pass a new law against domestic terrorism and has named the possibility of creating a new White House post to combat ideologically inspired violent extremists.These moves are not to be taken as empty threats by Biden. All the pieces are in place for him to attempt to unite the parties by being a “law and order” president and effectively crush any social movement that opposes the status quo. Much of the Patriot Act itself was based on Biden’s 1995 anti-terrorism bill, and Biden would go on to complain that the Patriot Act didn’t go far enough after a few of his provisions to further increase the power of police to surveil targets were removed. Biden will be desperate to both prove his competency and demonstrate that he isn’t the protest-coddler that Trump framed him as. This, combined with demands for repression from Democrats, Republicans and large segments of the American public, is a perfect storm for a radical escalation in the decades-long war on civil liberties and our right to protest, at a time that we need it the most. More

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      in US Politics

      The Guardian view on Julian Assange's extradition ruling: relief, not victory | Editorial

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      Donald Trump is using his last days in office to pardon those who do not deserve it. Among the most egregious recipients are the Blackwater security guards responsible for the Nisour Square massacre – the killing of unarmed civilians, including children, in Iraq. The president’s deplorable decision fits a pattern: just over a year ago, he pardoned a former army lieutenant found guilty of murder after ordering his men to fire at three Afghans, and a former US army commando facing trial over the killing of a suspected bombmaker.
      There has been no such mercy shown to a man whom the US is pursuing after he cast an unforgiving light on its abuses in Iraq and Afghanistan. Julian Assange’s future is dependent on the decisions of British courts. On Monday, district judge Vanessa Baraitser ruled that the WikiLeaks founder could not be extradited to the US, where he has been charged under the Espionage Act, including for publishing classified material.
      But she rejected defence arguments that the prosecution had misrepresented the facts and that he was being pursued for a political offence. She ruled against extradition only on the grounds that the risk of him killing himself was substantial, given his mental health and the conditions in which he was likely to be held – in isolation in a “supermax” high-security prison.
      This decision is a relief for Mr Assange and his family. But it is no cause for celebration for the defendant and his supporters, or for those concerned about press freedom more broadly. The American Civil Liberties Union has described charging him over publication as “a direct assault on the first amendment”. The ruling offers no protection to any journalist who might find themselves in Mr Assange’s position. It is no victory for the right to share material of clear public interest.
      Mr Assange’s lawyers will on Wednesday apply for bail on his behalf. Legal experts suggest that his chances are poor: he served a 50-week sentence for skipping bail after police removed him from the Ecuadorian embassy in London, where he had fled to avoid extradition to Sweden over a sexual assault investigation that was subsequently dropped. But his prospects of avoiding extradition now appear considerably brighter; he has a family to consider; and his mental health and the physical risks posed by Covid in Belmarsh prison, where he has been held since April 2019, make the case for bail more pressing.
      Legal proceedings are likely to drag on for years – unless the US chooses to scrap these charges rather than appeal. It should do so. There is a shameful contrast between this administration’s simultaneous pardoning of men for horrific offences and the pursuit of a man who exposed war crimes. When Joe Biden takes office on 20 January, he cannot undo the damage caused by undue and unjust lenience. But he can, and should, let Mr Assange walk free. More

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      in US Politics

      Biden wants to fill federal court seats – but he needs to win the Senate first

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      During the disastrous first presidential debate in September, Donald Trump mocked Barack Obama, and Joe Biden by extension, for leaving office with so many federal court seats unfilled.“I’ll have so many judges because President Obama and him left me 128 judges to fill,” Trump said, slightly inflating the 105 vacancies he inherited. “When you leave office, you don’t leave any judges. That’s like, you just don’t do that … If you left us 128 openings, you can’t be a good president.But as is often the case with Trump’s attacks, there is much more to the story than that. It is true that Trump inherited nearly twice as many federal court vacancies as Obama did in 2009. However, Democrats blamed the high number of vacancies on what they described as an unprecedented level of obstruction from Republicans after they took control of the Senate in 2015.Over Trump’s lone term as president, he and the Senate majority leader, Mitch McConnell, have successfully remade the federal judiciary, and Democrats are anxious to confirm liberal judges once Biden takes office. But some Democratic lawmakers are already voicing concern that Republicans will once again obstruct judicial nominations if they keep the Senate by winning at least one of the Georgia runoff races next month.Dick Durbin, who is seeking to become the top Democrat on the Senate judiciary committee, raised that concern in late November, predicting Biden would have “very little” impact on the federal judiciary if Republicans maintain control of the chamber.“If the last two years of the Obama administration were any indication, they’ll freeze them out,” Durbin told Politico. “Hope springs eternal, but I believe in history.”Daniel Goldberg, the legal director of the progressive Alliance for Justice, said Durbin’s comments underscored the importance of the Georgia Senate elections. If Democrats were to win both of the 5 January runoff races, the Senate would be 50-50, and Vice-President-elect Kamala Harris could provide a tie-breaking 51st vote.“I think Senator Durbin just made clear how important the Georgia elections are. The stakes could not be higher,” Goldberg said.If Republicans were to win at least one of the Georgia races and keep control of the Senate, Chuck Grassley is expected to chair the judiciary committee, and the Iowa senator would have the ability to block Biden’s nominees from receiving hearings.“If Grassley decides to play hardball, he could just not bring them up for hearings, and there’s nothing the other side can do,” said Josh Blackman, a professor at South Texas College of Law Houston and an adjunct scholar at the libertarian Cato Institute.That possibility is distressing to Democrats, who have watched with dismay as the Senate has approved more than 200 of Trump’s judicial nominees since 2017. While Obama was able to have 55 of his nominees to the federal appeals courts approved over eight years, 54 of Trump’s nominees have been confirmed over just four years. Roughly a quarter of all trial-level federal judges are now Trump appointees.Risk for RepublicansJosh Blackman also warned there could be potential consequences for Republicans if they choose to “play hardball” with Biden’s nominees. “If the Democrats take the Senate in 2022, they could just fill the vacancies then, so you may get more moderate nominees now to fill the void,” Blackman said. “If you wait two more years, they might become less moderate.”That calculus may be part of why some Democrats are more optimistic than Durbin about the likelihood of Biden’s judicial nominees being confirmed.“I think the dynamic is very different than the dynamic with Donald Trump as president,” said Russ Feingold, a former Democratic senator from Wisconsin. “Having served in the Senate for 18 years, 16 years on the judiciary committee, I can tell you people back home want those seats filled. And there is pressure from newspapers, from the legal community when that doesn’t happen.”Feingold, the president of the American Constitution Society (ACS), argued Biden’s team has also prioritized judicial nominations in a way that the Obama administration didn’t.“Because of the economic situation and the need to pass healthcare, this didn’t get the attention it deserved” during Obama’s presidency, Feingold said. “I believe the Biden transition and the Biden administration will give it the attention it deserves and make it a higher priority.”The ACS has already provided Biden’s team with extensive lists of potential nominees, in the hope of ensuring a smooth nomination process once a seat on the federal judiciary opens up.“It’s not just getting past McConnell,” Feingold said. “It’s being ready and getting those names moving and being ready when there are vacancies.”Legal experts argue that, if McConnell were to blockade Biden’s judicial nominees, the repercussions for the country would be severe. Not only would courts probably struggle to handle their caseloads with vacancies piling up, but the potential standoff could jeopardize the reputation of both the federal judiciary and the Senate.“The American people just repudiated Donald Trump, and they elected Joe Biden to the presidency, and one of the critical roles of the presidency is nominating individuals to sit on our federal courts,” Goldberg said. “I think what the American people expect is the Senate to not have one set of rules for Donald Trump and one set of rules for Joe Biden.”Although Feingold is more optimistic than Durbin about Biden’s judicial nominees receiving hearings, he acknowledged it was likely to be a hard-fought fight. If Democrats lose the Senate, Feingold said, they should not wallow but instead prepare for battle.“I understand it will be a challenge, a tremendous challenge that will involve a lot of negotiating, should the Democrats not be able to control the Senate,” Feingold said. “But it’s a challenge that I think can be met … We shouldn’t despair. We should be ready for the fight.” More

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      Trump's Blackwater pardons an affront to justice, say UN experts

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      Donald Trump’s pardon of four American men convicted of killing Iraqi civilians while working as contractors in 2007 violated US obligations under international law, United Nations human rights experts have said.Nicholas Slatten was convicted of first-degree murder and Paul Slough, Evan Liberty and Dustin Heard were convicted of voluntary and attempted manslaughter over an incident in which US contractors opened fire in busy traffic in a Baghdad square and killed 14 unarmed Iraqi civilians.The four contractors, who worked for the private security firm Blackwater, owned by the brother of Trump’s education secretary, were included in a wave of pre-Christmas pardons announced by the White House.“Pardoning the Blackwater contractors is an affront to justice and to the victims of the Nisour Square massacre and their families,” said Jelena Aparac, the chair of the UN working group on the use of mercenaries.The group said the Geneva conventions obliged states to hold war criminals accountable for their crimes, even when they are acting as private security contractors. “These pardons violate US obligations under international law and more broadly undermine humanitarian law and human rights at a global level,” it said.By allowing private security contractors to “operate with impunity in armed conflicts”, states would be emboldened to circumvent their obligations under humanitarian law, the group said.The pardons have been strongly criticised by many in the US. Gen David Petraeus and Ryan Crocker, respectively the commander of US forces and the US ambassador in Iraq at the time of the incident, called Trump’s pardons “hugely damaging, an action that tells the world that Americans abroad can commit the most heinous crimes with impunity”.In a statement announcing the pardons, the White House said the move was “broadly supported by the public” and backed by a number of Republican lawmakers. More

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      in US Politics

      The Guardian view on Julian Assange: do not extradite him | Editorial

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      On 4 January, a British judge is set to rule on whether Julian Assange should be extradited to the United States, where he could face a 175-year sentence in a high-security “supermax” prison. He should not. The charges against him in the US undermine the foundations of democracy and press freedom in both countries.The secret military and diplomatic files provided by Chelsea Manning, and made public by WikiLeaks working with the Guardian and other media organisations, revealed horrifying abuses by the US and other governments. Giving evidence in Mr Assange’s defence, Daniel Ellsberg, the lauded whistleblower whose leak of the Pentagon Papers shed grim light on the US government’s actions in the Vietnam war, observed: “The American public needed urgently to know what was being done routinely in their name, and there was no other way for them to learn it than by unauthorized disclosure.”No one has been brought to book for the crimes exposed by WikiLeaks. Instead, the Trump administration has launched a full-scale assault on the international criminal court for daring to investigate these and other offences, and is pursuing the man who brought them to light. It has taken the unprecedented step of prosecuting him under the Espionage Act for publishing confidential information. (Mike Pompeo, secretary of state and former CIA director, has previously described Wikileaks as a “non-state hostile intelligence agency”). In doing so, it chose to attack one of the very bases of journalism: its ability to share vital information that the government would rather suppress.No public interest defence is permissible under the act. No publisher covering national security in any serious way could consider itself safe were this extradition attempt to succeed – wherever it was based; the acts of which Mr Assange is accused (which also include one count of conspiring to hack into a Pentagon computer network) took place when he was outside the US. The decision to belatedly broaden the indictment looks more like an attempt to dilute criticisms from the media than to address the concerns. The real motivation for this case is clear. His lawyers argue not only that the prosecution misrepresents the facts, but that he is being pursued for a political offence, for which extradition is expressly barred in the US-UK treaty.Previous cases relating to Mr Assange should not be used to confuse the issue. Sweden has dropped the investigation into an accusation of rape, which he denied. He has served his 50-week sentence for skipping bail in relation to those allegations, imposed after British police dragged him from the Ecuadorian embassy. Yet while the extradition process continues, he remains in Belmarsh prison, where a Covid-19 outbreak has led to his solitary confinement. Nils Melzer, the UN special rapporteur on torture, has argued that his treatment is “neither necessary nor proportionate and clearly lacks any legal basis”. He previously warned that Mr Assange is showing all the symptoms associated with prolonged exposure to psychological torture and should not be extradited to the US. His lawyers say he would be at high risk of suicide.Such considerations have played a part in halting previous extraditions, such as that of Lauri Love, who denied US allegations that he had hacked into government websites. But whatever the outcome in January, the losing side is likely to appeal; legal proceedings will probably drag on for years.A political solution is required. Stella Moris, Mr Assange’s partner and mother of his two young children, is among those who have urged Donald Trump to pardon him. But Joe Biden may be more willing to listen. The incoming president could let Mr Assange walk free. He should do so. More

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      in US Politics

      Justice Alito takes aim at abortion rights, gay marriage and Covid rules

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      The inability of people to say, without fear of being branded as bigots, that marriage is exclusively between a man and a woman is threatening to make freedom of speech “a second-tier constitutional right”, supreme court justice Samuel Alito said at a virtual conference on Thursday.In a bleak address, Alito took aim at abortion rights, same-sex marriage, gun control and other conservative bugbears.The remarks were made to the Federalist Society, the conservative legal group that has helped Donald Trump remake the judiciary in the last four years.While supreme court justices have in the past waded into politics in public forums, Alito’s 30-minute speech stood out for its provocative engagement on fronts in the culture wars that had not seemed to be particularly hot, at least before the confirmation of Justice Amy Coney Barrett last month.Alito’s speech fueled concerns that Barrett’s elevation, which established an ironclad 6-3 conservative majority on the court, could lead the court to revisit basic anti-discrimination protections, marriage equality, reproductive rights and other issues.“This was a hyper-political, partisan speech, and his message in sum was: I’m free to say this now. We have the votes,” tweeted Chris Geidner, director of strategy at the justice collaborative advocacy group.As the United States continues to shatter daily records for new Covid-19 cases, Alito blasted coronavirus mitigation measures for imposing “previously unimaginable restrictions on individual liberty”.He singled out restrictions in Nevada limiting religious services to 50 attendees. “The states’s message is this: forget about worship and head for the slot machines, or maybe a Cirque du Soleil show,” Alito said.Although by any measure conservative jurisprudence under Trump has flourished, securing minority legal views for a generation, Alito spun a conservative victimization narrative, in which citizens are threatened in their freedom to speak and act as they please.“When I speak with recent law school graduates, what I hear over and over is that they face harassment and retaliation if they say anything that departs from the law school orthodoxy,” he said.“It pains me to say this,” Alito said, “but in certain quarters, religious liberty is fast becoming a disfavored right.” As an example, Alito decried a Washington state law requiring a pharmacist to fill prescriptions for “morning-after pills, which destroy an embryo after fertilization”, as he put it.“Even before the pandemic, there was growing hostility to the expression of unfashionable views,” Alito continued, using the rubric of “the rule of law and the current crisis” to mount an attack on same-sex marriage, secured by the court in Obergefell v Hodges (2015), a ruling from which he dissented.“You can’t say that marriage is a union between one man and one woman,” Alito complained. “Until very recently, that’s what the vast majority of Americans thought. Now it’s considered bigotry.”Alito went on:
      That this would happen after our decision in Obergefell should not have come as a surprise. Yes, the opinion of the court included words meant to calm the furors of those who cling to traditional views on marriage. But I could see, and so did the other justices in dissent, where the decision would lead. I wrote the following: ‘I assume that those who cling to old beliefs will be able to whisper their thoughts in the recesses of their homes, but if they repeat those views in public they will risk being labeled as bigots and treated as such by governments, employers and schools.’ That is just what is coming to past.
      One of the great challenges for the supreme court going forward will be to protect freedom of speech. Although that freedom is falling out of favor in some circles we need to do whatever we can to prevent it from becoming a second-tier constitutional right.”
      Legal analysts said the speech displayed thinking familiar from the 70-year-old justice’s opinions – but they called his decision to give voice to those opinions unusual.“I’m not surprised that Justice Alito believes any of those things,” tweeted University of Texas law professor Steve Vladeck. “One need only read his written opinions to see most of them. I’m surprised that he decided to *say* them in a public speech that was live-streamed over the internet – clips of which will now be recirculated for ever.”Alito unleashed will make him a hero to more people looking for a leader of the conservative Court — but it also will make people outside of the SCOTUS world realize how he comes off (and it’s not good). pic.twitter.com/Gqt7uyHW07— Chris Geidner (@chrisgeidner) November 13, 2020
      Alito is a George W Bush appointee who previously worked as a federal prosecutor in New Jersey and a circuit court judge. The speech was pre-recorded for the 2020 National Lawyers Federation sponsored by the Federalist Society. “Today I’m talking to a camera, and that feels really strange,” Alito said.To capture the mood of what he described as an assault on religious liberties and free speech, Alito quoted a 1997 Bob Dylan song.“To quote a popular Nobel laureate,” Alito said, “it’s not dark yet, but it’s getting there.” More

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      The Guardian view on the election endgame: end Trump’s war on the truth | Editorial

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      Since he took office Donald Trump has posed a grave threat to democracy. His wild, relentless post-poll fight against reality this week has shown just how dangerous he can be. Designed to give his supporters a rationale for their anger over losing the popular vote, the falsehoods raised troubling questions about when, and how, Mr Trump will leave the White House.The bad news is that it won’t be anytime soon. Democracy in America is rare in giving a president more than 10 weeks of power after losing an election. Mr Trump is using this time to ratchet up the rhetoric to a fever pitch, seeding the idea that society is irreconcilably at odds with itself. This is profoundly damaging to America, a fact that cable networks have thankfully and belatedly woken up to after election day. Around the world former democracies are slipping into autocracy. The United States is not immune.The fact is Mr Trump will lose the popular vote by millions of votes and only America’s outdated electoral college has saved him from a crushing defeat. The president should be preparing to leave the White House, not be instructing his lawyers. Perhaps Mr Trump cannot afford to lose. Presidential immunity from prosecution vanishes once Mr Trump leaves office, a consideration that may weigh heavily given the ongoing investigations by the New York district attorney into reported“protracted criminal conduct at the Trump Organization”. Mr Trump denies any wrongdoing.For months it has been obvious that Mr Trump would claim victory and fraud should he lose the election. He has refused to say he would accept a peaceful transfer of power. The polls, he claimed, could not be trusted. Without a shred of shame, Mr Trump appears willing to challenge the validity of the vote in any state he loses, seeking to undermine the electoral process and ultimately invalidate it.This is a dangerous moment. There’s no evidence of widespread illegal votes in any state. Yet a fully fledged constitutional crisis over the process of counting ballots is on the cards because Mr Trump is demanding recounts and court cases while conditioning his base to view the election in existential terms. Last year, in an influential and prescient analysis, Ohio University’s Edward B Foley wargamed how a quarrel over mail-in ballots in Pennsylvania could lead to a disputed result in the 2020 presidential election.The most frightening scenario, said Prof Foley, was “where the dispute remains unresolved on January 20, 2021, the date for the inauguration of the new presidential term, and the military is uncertain as to who is entitled to receive the nuclear codes as commander-in-chief”. This ends with the US attorney general, William Barr, announcing that it is legally sound for Mr Trump to be recognised as re-elected for a second term while Democrats call for nationwide protests to dislodge the squatters in the White House. It would be better to avoid such a predicament rather than plan to get into it.Republicans must not be seduced by Mr Trump into manipulating the electoral system, through political and legal battles, to defy the popular will for partisan advantage. The Grand Old Party has profited from voter suppression and gerrymandering to keep an emerging Democratic majority at bay. But these darker impulses have given rise to Mr Trump and an unhealthy reliance on a shrinking coalition of overwhelmingly white Christian voters paranoid about losing power.Joe Biden looks to have done enough to win the White House. He will have his work cut out when he gets there, needing to rebuild the US government’s credibility after Trumpism hollowed out its institutions. That means offering hope to a country that faces a pandemic and an economic recession. He will have to reassert America’s role as the global problem-solver. Under Mr Trump the “indispensable nation” disappeared when it was needed the most. By any reasonable standard Mr Biden should not have to continue to run against Mr Trump. He must be allowed to get on with running America. More

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      in Elections

      International observers say US elections 'tarnished' by Trump and uncertainty

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      An international observer mission has reported that the US elections have been “tarnished” by legal uncertainty and Donald Trump’s “unprecedented attempts to undermine public trust”.A preliminary report by the Organization for Security and Cooperation in Europe (OSCE) pointed to systemic weaknesses in US elections, as well as the stress imposed by the coronavirus pandemic and Trump’s calls for an end to vote counting in certain states based on false claims of fraud.“Baseless allegations of systematic deficiencies, notably by the incumbent president, including on election night, harm public trust in democratic institutions,” the report, by the OSCE’s Office of Democratic Institutions and Human Rights (ODIHR) and the organisation’s parliamentary assembly, said.“With Covid and so many things changing at the last minute practically for the voter and for the election administration, there was this feeling of unease or confusion,” the head of the ODIHR mission,the Polish diplomat Urszula Gacek, told the Guardian. “And then on top of that, you have an incumbent who is doing something we’ve never seen before, casting doubt on the actual process, and making the way you cast your ballot also a political statement.”The OSCE report pointed to efforts at the state level to adjust voting procedures in light of the pandemic, and then the raft of legal challenges to those adjustments (overwhelmingly from Republicans), as being a source of considerable confusion when it came time to vote.“There was an unprecedented volume of litigation over voting processes in the months before the elections, with over 400 lawsuits filed in 44 states, some still before the courts a few days before elections,” the report said. “The legal uncertainty caused by this ongoing litigation placed an undue burden on some voters wishing to cast their ballots and on election administration officials.”The issues caused by the pandemic and an erratic president compounded long term systemic problems, the OSCE found, many of which disadvantage the poor and ethnic minorities, such as the varying requirements for proof of identity at polling stations, which the report found to be “unduly restrictive” for some voters.“If the only thing you could possibly use would be a college student card and you’re not a student, or a driving license and you don’t drive, or a passport and you never travel anywhere, you can imagine that certain economically disadvantaged groups will be disproportionately affected, and certain ethnic minorities could be excluded,” Gacek said.The report also referred to the disenfranchisement of felons and former felons. It said: “An estimated 5.2 million citizens are disenfranchised due to a criminal conviction, although about half of them have already served their sentences.”“These voting restrictions contravene the principle of universal suffrage,” the report concluded.Gacek said that $400m federal emergency funding for states’ election administrations had not been sufficient and the shortfall had come from private sources. Facebook’s Mark Zuckerberg and his wife, Priscilla Chan, contributed $400m.“But when you look at the $14bn which has been spent on the campaign, and you juxtapose that against an administration which has been having to rely on philanthropists to help them actually run the election, I think it’s interesting,” Gacek said. More