In April, the U.S. House passed H.R. 6408: “An Act To amend the Internal Revenue Code of 1986 to terminate the tax-exempt status of terrorist supporting organizations.” It was introduced in the Senate as S. 1436.
It sounds benign, but it reaches well beyond any narrowly defined or momentarily intended targets. If enacted into law, it can be used against any non-profit which engages in any issue not favored by whatever Administration is in power in the future.
The Act details procedures for the Secretary of the Treasury to designate organizations as having provided material support to groups deemed to be terrorist organizations. Section (C) (ii) provides “Opportunity to Cure” procedures. In addition to this being “guilty until proven innocent,” Section (F) states “ the United States district courts shall have exclusive jurisdiction to review a final determination with respect to an organization’s designation as a terrorist supporting organization.” Thus, if the Administration wants to silence some voices it can simply do so unless the courts intervene.
This bill legislates broad Executive authority to suspend normal due process, allowing the Secretary of the Treasury to strip US groups of their non-profit status in a peremptory manner with virtually no limitations, accountability, or meaningful recourse.
Immediate support for the bill is related to the present crisis in Gaza, but it can be used in any manner in the future. It also has a three year “look-back” feature, which means the government can designate an organization or country as “terrorist,” and then look back at any non-profit which has donated or supported that organization or country in the last three years.
The definition of “support” is also vague. If a non-profit calls for a mutual ceasefire and negotiations in Gaza (or any other future conflict), is that support for only one side? Some in Washington and elsewhere currently frame it that way.
Here is a sign-on letter opposing the bill, from numerous organizations: https://docs.google.com/forms/d/e/1FAIpQLScICili7mzBYpeE2cZk4AWcSlo5QNj7CeSzH_Ti66uhjqbpRg/viewform
And there’s a larger context here, provided by a recent Veterans For Peace statement:
California Democratic Congresswoman Nancy Pelosi’s recent claims that Code Pink and other peace protesters calling for a ceasefire in Gaza are either Russian or Chinese funded is absurd and insulting, and Veterans For Peace calls on her to withdraw such allegations and apologize.
In October of 2023, Pelosi told a group of Code Pink protesters (all of whom were White American women), to “Go back to China where your headquarters is.” Then in January of 2024, Pelosi said in an interview, “I think…some of these protesters are spontaneous and organic and sincere… Some, I think, are connected to Russia. And I say that having looked at this for a long time now, as you know.”
When asked whether she thought some pro-Palestinian protests were Russian plants, the responded, “I don’t think they’re plants…I think some financing should be investigated…and I want to ask the FBI to investigate that.”
Now that the US has declared Russia and China to be our latest enemies, Pelosi is trying to connect dots that simply aren’t there.
On August 5, 2023, the New York Times attacked Jodie Evans, Code Pink and other peace groups in an article entitled, “A Global Web of Chinese Propaganda Leads to a U.S. Tech Mogul.” But if one reads the article carefully, the evidence shows the headline was false. The American tech mogul in question made all his money in America and is donating his American money to American and international peace organizations.
Following the NYT article, Republican US senator Marco Rubio asked the United States Department of Justice to open an investigation into Code Pink and other entities for potential violations of the Foreign Agents Registration Act (FARA). Then in November of 2023, ten Republican House members of Congress signed a letter saying that they are ‘deeply concerned’ with Code Pink’s ties to the Communist Party of China and requesting documentation.
The federal government has expanded its use of FARA (Foreign Agents Registration Act) to target Black liberation activists and Chinese Americans working for peace with China. Examples include the African People’s Socialist Party and the Uhuru Movement, where three individuals were charged with acting as foreign agents of Russia based only on normal international exchange and collaboration between peace and justice advocates from different nations, something Veterans For Peace and other organizations often do, as do businesses and trade organizations. It is normal human communication and networking.
In another example, Boston-area trade unionist Li Tang “Henry” Liang, a Chinese American activist and union member and advocate for peace between the US and China, has also been arrested and indicted under FARA.
The US has used FARA to repress peace and justice organizers going all the way back to the 1951 prosecution of W.E.B. DuBois and the prosecution of the Cuban Five. From 2018 to 2022, the FBI arrested and prosecuted Chinese American scientists under the “China Initiative.” Most were found innocent, and the “China Initiative” was finally dropped due to apparent racial profiling. But Chinese American scientists can still be arrested under other criteria, and there is currently an effort under way in Congress to reinstall the “China Initiative.”
On September 3, 2024, the Washington Post published an article claiming that the crowds of Chinese Americans who turned out to welcome China’s president Xi Jinping at the Asia-Pacific Economic Cooperation (APEC) summit were “non-state actors to further China’s political goals overseas,” who had violently attacked Tibetan and Hong Kong anti-China protesters to silence them. But the Post relied almost exclusively on the Tibetan and Hong Kong protesters’ reports and videos. There is no evidence that the welcomers attended the event intending to create disturbance, and in fact a majority of them were older retired persons with no history of violence or law breaking of any kind. There is more reason to believe the anti-China demonstrators were the ones intending to create negative publicity for propaganda purposes. The Hong Kong protesters included leaders from the Hong Kong Democracy Council, a group with a history of violence during the 2019 Hong Kong riots who were funded by the National Endowment for Democracy, a CIA offshoot.
One should also note the establishment looking the other way when violent right wing counter-protesters using weapons physically attack peaceful university protesters against the Gaza genocide. The police have let the attacks happen, then arrested the peaceful protesters.
Other recent events have highlighted the increasing suppression of activists and independent voices by imperial authorities, underscoring a troubling trend towards authoritarianism.
In the US, the FBI raid on former Marine intelligence officer Scott Ritter’s home and the intense questioning of Jacob Berger, following his humanitarian mission to Egypt, reveal a similar clampdown on critical voices. Ritter’s home was invaded in a bid to silence his outspoken criticism of US foreign policy, while Berger’s scrutiny highlights the dangerous repercussions for those engaged in humanitarian work abroad.
Regardless of whether we agree or disagree with these voices, it is imperative to protect their free speech rights if we want to live in an open society where diverse perspectives can be freely expressed and debated.
These incidents collectively demonstrate an alarming trend of targeting and silencing individuals who challenge power and advocate for the vulnerable and dispossessed. The suppression of these voices not only undermines democratic principles but also threatens the very foundation of free expression and critical engagement. It is crucial to stand in solidarity with those being targeted, defend the freedoms of speech and action, and resist this encroaching wave of authoritarianism we are facing.
Remember Lutheran pastor Martin Niemöller’s famous quote about Nazi Germany which began, “First they came for the socialists, and I did not speak out…?”
Today, they come for Black Socialists, then Chinese Americans, then White CODEPINK women, then retired military officers, then peace activists in allied nations, and then for the peace non-profits.
Either we all stand together, or we will all fall separately.
