VOL. 39, NO. 6 NOVEMBER/ DECEMBER 2019 NEWS Public Citizen Strengthens Drug Price Bill BY RHODA FENG co-chair U.S. Rep. Mark Pocan Public Citizen. Tens of millions of do better. n September, a bill to lower drug (D-Wis.) and partners from Social people ration their own treatment They have fought despite Iprices made headlines when Security Works and Indivisible. in the United States because of illness. Bloomberg Government pub- The verdict? H.R. 3 is an impor- sky-high prescription drug prices, They have stood up for their lished a leaked summary of H.R. tant move toward bringing relief and many endure crushing debt. loved ones. 3, the U.S. House Democratic lead- to people suffering from drug in- Just a few years ago, the bulk of They are on the cusp of change, ership’s long-awaited signature dustry price gouging. However, it Washington’s power elite, includ- and Public Citizen has led the way. legislation to lower prescription needs to be strengthened if it is to ing most lawmakers, was content For several years, Public Citizen drug prices. make medicine affordable for all. to accept that prescription drug has held monthly organizing Public Citizen wasted no time corporations rip off the American meetings with other nonprofits, in hosting a telephone press Inspiring Better people this way. conducted briefings for congres- conference to discuss the Lower Legislation No more. sional staffers and issued policy Drug Costs Now Act’s benefits If H.R. 3 is an on-ramp to a larger Advocates with Public Citizen analyses. and limitations. Joining Public conversation about drug pricing, and millions of Americans have In 2018 — more than a year Citizen experts on the call were the conversation itself has been raised their voices, organized and before H.R. 3’s introduction — Congressional Progressive Caucus enlarged through the work of demanded that their government see Drug Price, page 10 Organizing a National Day of House Votes Action for Election Security to Ban Forced BY MOLLY KOZLOWSKI Arbitration n 2016, Russian hackers inter- BY DAVID ROSEN Ifered in U.S. elections, under- t was a milestone for justice mining America’s democratic Idecades in the making. On Sept. process and exposing voters to 20, the U.S. House of Representa- disinformation. tives voted 225-186 to pass the Election interference in 2016 Forced Arbitration Injustice Repeal was only a preview of what’s Act, or FAIR Act (H.R. 1423), which to come unless Congress acts, bans forced arbitration in con- Public Citizen maintains. That’s sumer, worker, antitrust and civil why it organized a national day rights contexts. of action and press conference in There may be no more blatant September to urge U.S. senators to example of how giant corporations give states the money they need to like Wells Fargo, Equifax, Amazon secure the vote. and Uber rig our economy than The events were a stark forced arbitration: the take-it-or- reminder that voting systems in leave-it, fine print language they states remain vulnerable to inter- insert into consumer, employ- nal and external hackers who ment, online and other contracts might do everything from alter we enter into every day. names and addresses in voter In private arbitration, there is registration databases to change no judge or jury, and the right to appeal is severely limited. Arbitra- votes cast, thereby changing the Public Citizen Texas Director Adrian Shelley addresses organizers assembled outside U.S. Sen. John Cornyn’s (R-Texas) office on Sept. 17 as part of a national day of action see Election Security, page 8 to call for election security. Photo courtesy of Michael Coleman. see Arbitration, page 4 INSIDE REPS. OMAR, PRESSLEY PUSH FOR MEDICARE ADDRESS SERVICE REQUESTED FOR ALL IN TOWN HALL, page 5 PROTECTING HOUSTON FROM FLOODS AND CHEMICAL DISASTERS, page 7 IN THIS ISSUE GET TO KNOW PUBLIC CITIZEN VOL. 39, NO. 6 • NOV./DEC. 2019 MELINDA ST. LOUIS DEMOCRACY An ongoing series profiling Public Citizen leaders and staffers 1 Organizing a national day of action for election security GOVERNMENT & FINANCIAL hen not sing- paign waged by our corporate opponents. Wing in a band REFORM or writing original What would you say is the most misunderstood 1 House votes to ban songs, Melinda St. idea about Medicare for All? forced arbitration Louis is running St. Louis: The idea that the health care system Public Citizen’s we have today is working and benefiting all HEALTH & SAFETY Medicare for All cam- Americans. The reality is that we can’t afford our 1 Public Citizen strengthens paign. St. Louis grew current, for-profit, fragmented private health drug price bill up in Morgantown, insurance system. We spend more than double 5 Reps. Omar, Pressley push for Medicare for All in town hall W.Va., and Pittsburgh, Pa., and received her on health care per person than any other com- 12 Suing to ban cesium chloride bachelor’s degree at Penn State and her master’s parable country and yet we allow 30,000 peo- dietary supplements degree in public policy at Georgetown University. ple to die needlessly due to lack of health care 12 Americans continue to die as She began her activism in high school when she each year. We absolutely can afford to provide the FDA refuses to act started an Amnesty International chapter after comprehensive health care for everyone in the finding the organization’s table at a U2 concert. United States without spending any more than GLOBALIZATION & TRADE Since then, St. Louis has led multiple campaigns we currently do on health care if we eliminate the 4 Trump’s China trade policy that challenge corporate power and promote profit and waste from our fragmented system. is a mess economic justice and human rights. St. Louis has worked in Washington, D.C., her What sparked your interest in campaigning for LITIGATION entire career, beginning as a regional organizer Medicare for All? 5 Public Citizen backs California with the Campaign for Labor Rights. She then St. Louis: While working as international cam- in court battle over clean car standards went on to work for Witness for Peace, where paigns director for Public Citizen’s Global Trade 11 Workers sue the USDA over she moved up the ranks from policy analyst and Watch, I collaborated with my dear friend Zahara hog line-speed rollback educator to executive director. St. Louis joined Heckscher, who battled advanced breast can- 16 Public Citizen website was Jubilee USA Network as its deputy director in cer. I helped her to get arrested three times in blocked as ‘adult/mature’ 2009 and for two years directed policy analysis, an effort to raise awareness about the Trans- content strategy and advocacy. In June 2011, St. Louis Pacific Partnership’s “death sentence clause” CORPORATE PRESIDENCY became the international campaigns director that would lock in extended monopolies for bio- for Public Citizen’s Global Trade Watch, and in logic medicines needed to treat her cancer. She 6 Soft punishments lead to corporate law breaking November 2018 she transitioned to run Public passed away in February 2018, and her strength 7 Corporations make billions Citizen’s Medicare for All campaign. to fight for access to affordable medicines for all from immigration contracts inspired me to take this opportunity to continue What does your day-to-day work consist of? the fight against Big Pharma and build our grass- ENERGY & ENVIRONMENT St. Louis: I work to expand and deepen the coali- roots campaign to guarantee health care to every 7 Protecting Houston from floods tion of organizations that are actively engaged U.S. resident. and chemical disasters in campaigning for Medicare for All. I am work- ing with a team to engage Public Citizen’s mem- You sing in a band. Can you tell us a little bit PUBLIC CITIZEN RECOMMENDS bers and grassroots allies around the country to more about that? 10 'Financial Exposure' urge their members of Congress to co-sponsor St. Louis: I sing in a band with David Arkush, Medicare for All legislation in the U.S. House the managing director of Public Citizen’s Climate OTHER of Representatives and U.S. Senate, and to pass Program. In addition to a repertoire of danceable city and county council resolutions that support covers that we play at weddings, we have started 2 Get to Know Public Citizen Medicare for All. I also craft easy-to-digest mes- writing original music! I also really like writing 3 President’s View sages and educate the public and policymakers political song parodies and chants. 10 Public Citizen in Your State in an effort to counter the misinformation cam- — Compiled by Elizabeth Gonzalez 11 Activist Ally 14 In the Spotlight 15 Public Citizen Crossword 1600 20TH ST. NW, WASHINGTON, D.C. 20009 • (202) 588-1000 • [email protected] • WWW.CITIZEN.ORG Public Citizen is a national non- PRESIDENT profit membership organization Robert Weissman ABOUT THE CONTRIBUTORS based in Washington, D.C. Since EXECUTIVE VICE PRESIDENT its founding by Ralph Nader in Margrete Strand Rangnes Angela Bradbery, communications director 1971, Public Citizen has fought VICE PRESIDENT OF LEGISLATIVE AFFAIRS Rick Claypool, research director for corporate and government Lisa Gilbert accountability to guarantee the Michael Coleman, Texas press officer individual’s right to safe prod- PUBLIC CITIZEN INC. BOARD OF DIRECTORS Rhoda Feng, editor ucts, a healthy environment and workplace, fair trade, and Jason Adkins (chair), Joan Claybrook, Andrew S. Friedman, Melanie Foley, international campaigns director clean and safe energy sources. Public Citizen is active in Danny Goldberg, Jim Hightower, Joy Howell, John Richard, Congress, the courts and government agencies. Anthony So, Robert Weissman (ex officio) Elizabeth Gonzalez, communications intern Public Citizen does not accept government or corporate PUBLIC CITIZEN FOUNDATION BOARD OF DIRECTORS Molly Kozlowski, communications intern grants. Our funding comes from our supporters through- Mark Chavez (chair), Jim Bildner, Robert C. Fellmeth, Bart Naylor, financial policy advocate out the country, who believe there should be full-time David Halperin, Annie Leonard, Cynthia Renfro, Steve advocates of democratic principles working on their Skrovan, Gerson H. Smoger, Robert Weissman (ex officio) David Rosen, communications officer on regulatory affairs behalf; from foundations; and from the sale of our publi- DIRECTORS cations. Public Citizen is an equal opportunity employer. Mike Stankiewicz, press officer David Arkush, Climate; Angela Bradbery, Communications; To become a member of Public Citizen and receive the Michael Carome, M.D., Health Research; Peter Maybarduk, Robert Weissman, president award-winning Public Citizen News, please call (202) 588- Access to Medicines; Tyson Slocum, Energy; Adrian Alan Zibel, corporate presidency research 1000 or send a check payable to Public Citizen for $20 to Shelley, Texas; Joe Stoshak, Chief Financial Officer; Lori director Public Citizen Membership Services at the address above. Wallach, Global Trade Watch; Allison Zieve, Litigation Public Citizen News (ISSN 0738-5927), entire contents EDITOR copyrighted 2019. Public Citizen News is printed on 10 Rhoda Feng CONNECT ONLINE percent recycled paper. Postmaster: Send address changes WITH PUBLIC CITIZEN to Public Citizen News at the address above. 2 NOVEMBER/DECEMBER 2019 PUBLIC CITIZEN NEWS EDITORIAL Impeach Trump he outcome of the impeachment process can’t beat him in an election; and that, if he’s egizing with allied lawmakers and lobbying for Twill fundamentally alter the course of our not convicted, he will try to claim exoneration. impeachment; we are helping lead a massive nation for decades. There are real risks here, because that strat- coalition for impeachment; we are provid- If it leaves President Donald Trump weaker egy could work. ing expert advice on constitutional law and — even if it doesn’t ultimately result in his Trump and his allies aim to focus attention the rule of law; we are running a full-fledged removal from office — then pro-democracy on a purportedly unfair process and to make media campaign in support of impeachment; forces will be ascendant. Our country stands the impeachment story so confused and con- and we are helping drive grassroots action in on the precipice of transformative, progressive voluted that the American public can’t follow targeted states where members of Congress or change and the impeachment process could it. And, they are going to politically threaten senators are equivocating on impeachment or help us get there. Republicans so that they vote on impeachment conviction. On the other not out of conscience, but out of fear of retali- The most important thing we are going to hand, if Trump ation from Trump. do is put hundreds of thousands of people on emerges stronger If Trump can pull all that off and emerge the street in protests across the country to sup- from impeachment stronger, then he’s likely to believe himself port impeachment. — not just still in immune from all accountability. With allies, we are organizing major demon- office, but politically Layer that on top of his fascistic rallies and strations in hundreds of cities and towns, for the stronger — then we … well, the frightening scenarios are genuinely day before the U.S. House of Representatives face the prospect of terrifying. impeachment vote. some very frighten- So, we can’t — and we won’t — let those sce- Our aim is simple: We want every member ing times. narios come to pass. of Congress to know — and to feel viscerally — The reality of We prevent those nightmare scenarios by the strong American support for impeachment these two alternative preventing Trump from muddying the water and the rule of law. PRESIDENT’S VIEW futures is why Public and by mobilizing public pressure on elected With these activities and especially the ROBERT WEISSMAN Citizen is throwing officials of both major parties to stand up and massive demonstrations, our overriding objec- everything we have defend our Constitution. tives are to weaken Trump, validate the fun- into driving the impeachment process forward. Whether or not that pressure is enough to damental principle that nobody is above the On the merits, the case for impeachment is win Trump’s conviction, it’s going to make a law and ensure that impeachment leaves our open and shut. Simply based on Trump’s own difference. It’ll support moderate Democrats democracy stronger and more vital. words, from a summary of a conversation with who fear an impeachment vote may hurt their In so doing, we will build the political power the Ukrainian president that Trump himself reelection chances. It will make forceful advo- we need to win the bold changes Americans chose to release, we know that Trump with- cacy of impeachment even clearer and stron- are demanding to make our country more fair held military assistance in order to pressure ger. It will move some Republican votes. And and just, to restrain corporate power and to another country to intervene in our elections. it will force many Republicans who vote not to empower the people. This is a big moment, That’s a shocking and undeniably impeachable impeach or convict Trump at least to condemn indeed. abuse of power. his behavior. Trump’s manifold flagrant abuses of the We are up on Capitol Hill every day strat- Constitution provide many addi- tional rationales for impeach- ing him, including his everyday violation of the Constitution’s anti-corruption (“emoluments”) provisions; his sickening violation of core First Amendment, freedom of religion principles in seeking to block people from coming to the United States based on their reli- gion; his mockery of his duty to “take care that the laws be faith- fully executed,” including by rac- ing the world to the precipice of climate catastrophe in violation of his duties under the Clean Air Act and other statutes; and much more. But, of course, the slam-dunk case for impeachment and convic- tion doesn’t provide any guaran- tees that Trump will be impeached and convicted — nor even that he’ll emerge from the process weakened. We know, no matter what, that Trump will continue to claim that he did nothing wrong; that he will whine that his opponents are try- Public Citizen President Robert Weissman speaks to a crowd on Oct. 26 in Washington, D.C., at a rally calling for an impeachment ing to remove him because they inquiry into President Donald Trump. Photo courtesy of Bret Thompson.

PUBLIC CITIZEN NEWS NOVEMBER/DECEMBER 2019 3 Trump’s China Trade Policy Is a Mess BY MELANIE FOLEY of the Trump administration. And cate numerous trade issues — the related products are not traded. Trump’s promised first-day China climate crisis will only be exacer- Progressives are against corpo- currency action was derailed bated. Add to these weighty global rate monopolies, carbon-spewing by Treasury Secretary Steven considerations the fact that U.S. long-distance shipping and Wall Mnuchin, former Wall Street trade policy with China has enor- Street giants gaining more power. resident Donald Trump’s China banker. mous implications for economic So progressives should not sup- Ptrade policy has created a lot of “It is abundantly clear that equality here and for the lives of port Trumpian get-tough-on-China pain and little gain beyond forcing we cannot stick with the failed hundreds of millions of Chinese demands that include China guar- a long overdue debate on China China policy,” said Lori Wallach, whose working and living condi- anteeing broader rights for U.S. trade. director of Public Citizen’s Global tions remain bleak. firms, including financial service China’s entry into the World Trade Watch. “Designed by and Instead of identifying goals for firms, to invest in China or better Trade Organization (WTO) and for America’s largest multinational a new approach and policy options intellectual property protections the 2000 U.S.-China bilateral corporations under Republican to achieve those goals, the U.S. in China so it is safer to outsource trade deal, which Public Citizen and Democratic presidents alike, debate has been almost entirely the production of cutting-edge opposed, has delivered not the that policy has cost millions of framed in reaction to the chaotic manufacturing. rosy outcome touted by promot- American jobs. It has gutted way in which Trump’s China pol- As first steps, progressives and ers, but results far worse than crit- American communities nation- icy is being conducted and not on Democrats can unite to expose the ics feared. Research shows that wide while financing China’s the underlying structural chal- hypocrisy of Trump not using exist- there was a true “China shock” massive military and economic lenges for U.S.-China trade. ing statutory authority to immedi- that devastated wide swaths of buildup, worsening human rights To counter Trump’s national- ately embargo all goods made by working-class communities across conditions in China and bolstering ism and status quo neoliberalism, Uighur political prisoners in forced the United States. the monopoly powers of multina- we desperately need a truly pro- labor camps. They also can con- As a presidential candidate, tional corporations.” gressive approach to trade policy demn the administration’s failure Trump pledged to fix U.S. trade While Trump’s China policy has with China. to tackle serious health and safety policy with China and reverse its not delivered, most critiques of it Progressives are for an indus- problems associated with U.S. damage. But almost three years in the press also are off base. The trial policy that builds a new green consumers becoming reliant on into Trump’s presidency, corpora- China model of growing world- economy to save the planet and Chinese-produced medicines and tions continue to outsource jobs to class economic and military power provide good jobs. Thus, instead numerous other goods produced China, pay American workers less in the total absence of democratic of opposing China’s use of eco- with worryingly lax standards and and bring products back here for governance and with total impu- nomic planning and subsidization no independent inspection. sale. The manufacturing sector is nity for horrific human rights vio- of research and development of These goals — not making China sinking into recession. lations poses a global threat. industries of the future in alterna- safe for Wall Street banks to set up The United States suffered the And, unless the United States tive energy, we should focus on shop or incentivizing the outsourc- highest-ever trade deficits with and China act to address climate how trade policies should allow for ing of more U.S. manufacturing China during the first two years change — which itself will impli- such domestic policy tools if the jobs — should be the priority.

Arbitration, from page 1 Hundreds of millions of contracts consumer rights in Public Citizen’s forced arbitration once and for all.” now contain forced arbitration pro- Congress Watch division. Gregg played a major role in tors do not have to follow the law visions and class-action waivers — “Nevertheless, forced arbitration bringing about the House’s vote or precedent. The arbitrator has an denying consumers, workers and has drawn the ire of voices on the to pass the FAIR Act, including incentive to keep the company that others the ability to file lawsuits in right — most famously former Fox assisting in the legislation’s draft- chose arbitration happy because it is court and preventing them from News anchor Gretchen Carlson and ing, meeting with Hill staffers and a repeat customer. joining with other similarly situated U.S. Rep. Matt Gaetz (R-Fla.), who leading the broad coalition of con- And proceedings take place people to sue together. backed the House bill — and we sumer, civil rights and employment behind a veil of secrecy — ensuring In August, Public Citizen com- have Republican allies in the U.S. organizations that support the FAIR that regulators, civil society watch- piled a “wall of shame” showing Senate who agree with us on ending Act. dogs, the media and the public that more than 100 major compa- never learn about corporate crimes nies now use these clauses to deny or widespread harm. justice to customers and workers. Shockingly, individual consum- Most are household names, includ- ers seeking relief in arbitration win ing Airbnb, Amazon, HBO, Hulu, just 9% of the time, and in an arbitra- Lyft, Netflix, Uber and Walmart. tion against a financial company, a Instead of being forced into a consumer ends up paying the com- system that is rigged to let corpo- pany $7,725 on average, according rate criminals off the hook, the to research by the Economic Policy FAIR Act would ensure that the vic- Institute. tims of rip-offs, scams, wage theft, “Corporate apologists for arbi- sexual harassment and discrimina- tration often say it is an alterna- tion could choose between going to tive venue to obtain justice, but in arbitration or going to court. Public practice, it just means cheated or Citizen and its allies are leading the abused consumers, employees and fight to pass the FAIR Act, and that others are out of luck,” said Robert fight is far from over. Weissman, president of Public “Make no mistake: The FAIR Act Citizen. “Over the past decade, has a serious chance of becoming forced arbitration clauses quietly law within the next five years, but and insidiously have gone from we have no illusions about the chal- Remington A. Gregg, counsel for civil justice and consumer rights in Public Citizen’s Congress Watch division, testifies at a hearing on April 3 on "Putting Investors First: being the exception to the rule to lenges ahead,” said Remington A. Reviewing Proposals to Hold Executives Accountable" in front of the U.S. House being almost impossible to avoid.” Gregg, counsel for civil justice and Subcommittee on Investor Protection, Entrepreneurship and Capital Markets. Photo courtesy of Bret Thompson.

4 NOVEMBER/DECEMBER 2019 PUBLIC CITIZEN NEWS Public Citizen Backs California in Court Battle Over Clean Car Standards BY DAVID ROSEN its commitment to maintaining NHTSA issued fuel economy stan- administration go down with- the protections of the 2012 stan- dards. The Clean Air Act recog- out a fight,” said Scott Nelson, dards has stood in Trump’s way. nizes California’s right to set these attorney for Public Citizen. “The So in September, the standards and allows certain other NHTSA has no legal basis for its National Highway Traffic Safety states to follow them. actions. The climate may be heat- Administration (NHTSA) issued a Public Citizen and the other ing up, but so is the legal battle. he Trump administration rule declaring that California has groups in the lawsuit are asking the Trump wants California’s clean Thad no authority to revoke no right to regulate greenhouse gas U.S. District Court for the District of car standards out of the way, but California’s right to regulate emissions from motor vehicles. Columbia to throw out the NHTSA’s he’s going to have to get through auto emissions standards, Public The NHTSA’s rule served as the rule. According to the lawsuit, the us first.” Citizen and eight environmental main legal basis for an action taken rule violates the Administrative In addition to Public Citizen, groups told the courts in a lawsuit simultaneously by the U.S. Envi- Procedure Act, the Clean Air Act, the groups that filed the law- filed in September. California’s ronmental Protection Agency the Energy Independence and suit are the Center for Biological right to do so has been recognized (EPA) revoking a Clean Air Act Security Act, the Energy Policy Diversity, Conservation Law in law for decades and should waiver that allowed California to and Conservation Act and the Foundation, Environment remain in place, Public Citizen and regulate greenhouse gas emissions National Environmental Policy America, Environmental Defense the groups maintain. from automobiles and require that Act — and falls outside the scope Fund, Environmental Law and President Donald Trump is automakers include zero emission of the statutory duties and pow- Policy Center, Natural Resources trying to roll back greenhouse gas vehicles in their fleets. California’s ers of the various federal agencies Defense Council, Sierra Club and standards for automobiles nation- emissions standards and zero named in the suit. the Union of Concerned Scientists. wide that were put in place in 2012 emission vehicles mandate were “We aren’t going to let California and other states also jointly by the Obama administra- adopted in 2012 at the same time California’s auto emissions have filed suit in the same court. tion and California. But California’s that the EPA issued greenhouse standards or the existing fed- Challenges to the EPA’s waiver right to set its own standards and gas emissions standards and the eral standards set by the Obama revocation will follow soon. Reps. Omar, Pressley Push for Medicare for All in Town Hall BY MIKE STANKIEWICZ discussed how to translate The groups started by Melinda St. Louis, director of ocal government resolutions, this growing momentum into delivering the message of support Public Citizen’s Medicare for All Lstar-studded town halls and congressional action. from the signatories to U.S. campaign. stonewalling police — it has been “I’m outraged because this is Reps. Pramila Jayapal (D-Wash.) “The 2.2 million peti-tion a wild ride on the Medicare for All outrageous,” Pressley said during and Debbie Dingell (D-Mich.), signatures we delivered are front the past few months. the town hall. “We are a country coauthors of the Medicare for All reflective of what we’re seeing In November, the Los Angeles that quite literally punishes you if Act. Activists then headed to other at the grassroots level through City Council passed a resolution in you’re sick or poor or pregnant or key lawmakers’ offices. efforts to win city and county support of Medicare for All. With black. Being sick shouldn’t push The delivery was temporarily council resolutions in support of a population of four million, Los you into poverty and poverty stymied when a Capitol Hill police Medicare for All. As this campaign Angeles is the second-largest city shouldn’t push you into sickness.” officer told the group they were continues to gain steam, we expect in the United States. Its resolution During the week of action, not permitted to deliver petitions to see more and more Americans follows successful resolutions by more than 30 new efforts to pass to members’ offices. Given that demanding guaranteed health local lawmakers in Tampa, Fla., resolutions were initiated. Town industry lobbyists deliver infor- care for all.” St. Petersburg, Fla., Tucson, Ariz., hall meetings, grassroots petitions mation to members’ offices all and Lucas County, Ohio, which and resolutions are just the start; the time, the groups’ leaders Join the movement to win includes Toledo, all demanding lawmakers need to know about persisted in delivering the rest of Medicare for All by contacting Congress adopt Medicare for All. the groundswell of support for the petitions. your member of Congress and Public Citizen is leading a coalition Medicare for All so they can be “We will continue to ensure urging them to cosponsor the urging citizens nationwide to spurred to act. that the people’s voices are heard Medicare for All Act of 2019: press their local governments to Their security detail, however, in the halls of Congress,” said https://bit.ly/2WNt8O0. pass similar resolutions. has been a bit of a problem. More than 230 local efforts are On Oct. 15, a group of underway to pass resolutions in organizations went to deliver communities across the U.S. more than 2.2 million petition To help increase awareness and signatures in support of Medicare ensure the success of these local for All to the U.S. House of resolution efforts, heavy hitters in Representatives. Groups that the Medicare for All arena helped collected signatures included launch a week of action on Oct. 28, Public Citizen, Business for starting with a virtual town hall. Medicare for All, CREDO Action, More than 33,000 activists Center for Popular Democracy, from around the country tuned Daily Kos, Democracy for in to hear U.S. Reps. Ayanna America, League of United Latin Pressley (D-Mass.) and Ilhan American Citizens, MoveOn, Our Omar (D-Minn.), co-sponsors of Revolution, People’s Action and the Medicare for All Act in the Social Security Works. U.S. House of Representatives The activists planned to deliver (H.R. 1384), as well as the mayor to lawmakers binders containing pro tempore of Durham, N.C., information about Medicare for All grassroots activists, physicians as well as a flash drive containing Activists from Public Citizen and allied groups deliver petition signatures in support of Medicare for All to U.S. Rep. Pramila Jayapal (D-Wash.). Photo courtesy of Bret and national leaders who the signatures. Thompson.

PUBLIC CITIZEN NEWS NOVEMBER/DECEMBER 2019 5 Soft Punishments Lead to Corporate Law Breaking BY RICK CLAYPOOL orporations facing criminal Cinvestigations dominate the “If corporations know they can commit crimes and, if caught, be required to do headlines. little more than promise not to violate the law in the future, it is a virtual certainty Boeing. Purdue Pharma. they will break the law regularly and routinely.” Facebook. Uber. The list goes on. While corporations keep break- —Robert Weissman, Public Citizen’s president ing the law, the U.S. Department of Justice (DOJ) keeps refusing to punish them. Instead, federal Executive Accountability Act. such as JPMorgan Chase, Deutsche criminal enforcement by the DOJ prosecutors increasingly rely on Bank and HSBC. Other industries within 18 months of release from a agreements they negotiate behind The Rise of Deferred represented in the report include leniency agreement. closed doors to keep corporations and Nonprosecution pharmaceuticals (such as Bristol “As profit-maximizing, risk- out of the criminal justice system, Agreements Myers-Squibb and Pfizer), medical calculating organizations, big cor- a new Public Citizen report finds. The 38 corporations analyzed by devices (such as Zimmer Biomet), porations are highly responsive to These corporate leniency agree- Public Citizen account for about and oil and gas (such as BP and incentives and punishments,” said ments effectively waive pros- 15% of all deferred and nonprose- Chevron). Robert Weissman, Public Citizen’s ecution while requiring corporate cution agreements the DOJ entered Most of these corporate repeat president. wrongdoers to pay a fine, agree to with corporations since the early offenders (63%, or 24 out of 38) “If corporations know they reforms and promise not to com- 1990s. Over the past two decades, received at least one additional can commit crimes and, if caught, mit any more crimes. Sometimes both Republican and Democratic leniency agreement after already be required to do little more than the DOJ requires corporations to administrations increased their having received a prior agreement promise not to violate the law in be supervised by a DOJ-approved reliance on these agreements. — meaning the DOJ is protecting the future, it is a virtual certainty monitor. Usually after two or three Before 2003, the DOJ reached fewer the same corporate wrongdoers they will break the law regularly years, as long as the corporation than five of these agreements with from prosecution two, three, or and routinely. If we want corpora- does not violate the agreement, corporations each year. They rose even four or five times. tions to follow the law, then it’s past the DOJ drops any charges it may to double digits by 2005 and to These agreements are supposed time to do away with deferred and have filed. more than 40 in 2007. to work by threatening corporate nonprosecution agreements.” The agreements mean that a The practice accelerated under offenders with prosecution if they Tragically, the DOJ has the corporation can commit crimes President Barack Obama and con- violate the agreement by com- approach exactly backward. The but avoid being labeled a criminal, tinues under President Donald mitting crimes during the term of Trump administration has quietly which can bring serious reputa- Trump, the supposedly “tough on their agreement. The report, how- released several enforcement poli- tional and legal consequences. crime” president. The DOJ already ever, finds that this almost never cies that direct prosecutors to go The DOJ claims that these has entered 28 such agreements happens. soft on corporate crime, even as it corporate leniency agreements — in 2019. While these agreements Out of all 535 agreements the embraces “zero tolerance” enforce- called deferred prosecution agree- increasingly replace prosecution DOJ made with corporations ment for everyone else, especially ments (DPAs) and nonprosecution for corporate violators, court statis- between 1992 and mid-2019, corpo- immigrants and low-income com- agreements (NPAs) — are sufficient tics show that human defendants rations were held accountable for munities of color. to reform corporate culture and receive similar leniency from the breaching agreements only seven Humane criminal justice deter future wrongdoing. federal prosecutors less than 1% of times — about 1%. reforms are essential for combating Public Citizen’s report finds the time. This does not mean the other the crisis of overenforcement and that 38 corporations — all large Meanwhile, corporate prosecu- 528 corporations were well- overincarceration that oppressive and almost entirely publicly traded tions plummeted to just 99 in fis- behaved. Public Citizen’s analysis “tough on crime” policies fuel. — have faced subsequent criminal cal year 2018 — their lowest in two uncovered 12 instances in which The crisis of underenforcement enforcement actions from the DOJ decades. a corporation was subject to sub- against corporate crime, however, after entering one of these cor- sequent criminal enforcement cannot be ignored. The ultimate porate leniency agreements. Repeat Offenders action before the expiration of its goal is simple: To deter corporate As an approach to reforming Half of the repeat offender corpo- NPA or DPA, and an additional nine crime, corporations will have to corporate lawbreakers, DPAs and rations are multinational banks corporations that were subject to learn that crime doesn’t pay. NPAs have failed. If the DOJ wants to deter corporate crime, Public Citizen recommends that it imme- diately stop entering into these agreements with corporations and instead prosecute corporate crimes to the fullest extent of the law. In the near term, Congress could pass legislation requiring greater transparency around the DOJ's decisions to enter these leni- ency agreements, which have been criticized by both Democratic and Republican lawmakers. Another approach to increase corporate accountability is to hold executives criminally liable and subject to jail time when corpora- tions violate the law, which is pro- posed in a bill U.S. Sen. Elizabeth Warren (D-Mass.) introduced earlier this year, the Corporate

6 NOVEMBER/DECEMBER 2019 PUBLIC CITIZEN NEWS Protecting Houston from Floods and Chemical Disasters BY MICHAEL COLEMAN more than 150 projects, though In September, rainfall from used for regular monitoring of ouston keeps getting battered most are still in the design phase. Imelda and lightning strikes petrochemical company fence Hby disasters caused by climate unleashed several hundred lines, to help keep vulnerable change and the petrochemical Curbing Climate Change- thousand pounds of pollution from communities safe. industry, so Public Citizen — with Inducing Emissions Houston’s petrochemical corridor. Public Citizen’s Texas office an office in Austin and staff in Ambitious emissions reductions Last spring, a massive fire at the also participated last summer in Houston — is stepping in to help. are necessary to ensure a livable Intercontinental Terminals Co. a Harris County study to identify climate. In Houston, Public Citizen petrochemical plant erupted and gaps in the county’s chemical Climate-Fueled Disasters has pushed for the development cast a dark plume of toxic smoke disaster response. Public Citizen’s In September, Tropical Storm of a climate action plan to meet across the region, releasing more efforts helped support the Imelda dumped up to 43 inches of emissions reduction goals. than 15 million pounds of pollution allocation of $11.1 million for rain on communities in southeast Houston released its draft plan in and forcing schoolchildren to additional staff and air monitoring. Texas. That was just two years after July. It isn’t perfect. That’s why shelter in place. These pollutants The county has agreed to pay for 61 Hurricane Harvey and its record- Public Citizen’s Texas office is using not only entered the air but also new employees to begin to address breaking rainfall ravaged Houston. social media and other channels the waterways. Pollutants kill emergency response efforts in an Some Houston-area communities to urge Texans to demand more wildlife and endanger the health area of chemical plant expansion. are more protected from flooding ambitious near-term emissions of first responders and community “Public Citizen has been able than others. In 2018, Harris County reductions that meet the goals of members. to help shape public policy and voters approved a $2.5 billion flood the Paris Climate Agreement. During the 2019 Texas opinion in Houston and Harris mitigation bond package, but Legislature, Public Citizen lobbied County to help protect residents,” the plan excluded some poorer Chemical Disasters for — and secured — a $1.5 million said Stephanie Thomas, an communities that needed the most As if climate change and natural appropriation for air quality organizer and researcher in Public help. disasters don’t present enough monitoring equipment. The state Citizen’s Texas office. The Coalition for Environment, challenges, the Houston area announced on Oct. 21 that it was In the months ahead, Public Equity, and Resilience — a Texas- also is home to one of the largest purchasing the equipment, which Citizen’s Texas office will based partnership consisting petrochemical complexes in the will be installed in mobile vans continue to press for the strongest of Public Citizen and 22 other world. Chemical disasters happen that can be deployed by Texas public health and environmental public health and environmental all too frequently in the area — on environmental regulators during protections for Houston and its organizations — pushed for a average, once every six weeks. natural disasters. It also can be surrounding communities. fair plan that would minimize flooding risks for all families, regardless of geographic location or socioeconomic level. In August, the Harris County Commissioners Court answered Public Citizen’s demands by passing a “Harris Thrives” resolution to solve flooding issues. The resolution requires that money from the $2.5 billion flood bond package approved in 2018 be spent based on a “worst first” formula. That means that areas of Harris County hardest hit, and where some of most vulnerable residents reside, would be protected first. The strategy marks a departure from the old approach, which focused on cost-benefit analysis. According to the Houston Chronicle, work is underway on A neighborhood in Houston, Texas, is flooded by Hurricane Harvey. Photo courtesy of Wikimedia. Corporations Make Billions from Immigration Contracts BY ALAN ZIBEL ble the $942 million those same rocket during President Barack During the Trump administra- rivate federal contractors are companies received in 2013. The Obama’s second term, coincid- tion, GEO Group and CoreCivic Preaping a windfall from the total also was up 17% from nearly ing with a surge in migrants from each have received more than ramped-up immigration and cor- $2 billion at the start of President Central America. Under Trump, $1 billion from the five agen- rections efforts enacted by the Donald Trump’s term. spending has ramped up even cies analyzed by Public Citizen: Trump and Obama administra- These federal contractors run more as the federal government U.S. Immigration and Customs tions over the past decade. detention facilities and prisons, has pressed ahead with sweeping Enforcement, U.S. Customs A Public Citizen analysis of 10 transport detained migrants by efforts to constrain the flow of and Border Protection, the U.S. large contracting firms working plane, provide security guards immigration to the United States. Department of Health and Human for five federal agencies oversee- and build technological systems These actions have outraged Services, the U.S. Marshals Service ing federal immigration, correc- for U.S. immigration and cor- many Americans while benefit- and the Federal Bureau of Prisons. tions and detention policies found rections agencies, among other ing private contracting firms — “No government should hand that these companies received activities. especially the two largest private over power to control the lives of $2.32 billion in federal contract Spending on prison and deten- prison companies: GEO Group and incarcerated people to for-profit revenue in 2018, more than dou- tion contracting began to sky- CoreCivic. see Immigration, page 13

PUBLIC CITIZEN NEWS NOVEMBER/DECEMBER 2019 7 Organizers hold a national day of action in Tucson, Ariz., on Sept. 17 to urge lawmakers to give states the money they need to secure the vote. Public Citizen file photo. "Any member of Congress who does not support taking concrete steps to stop foreign hackers needs to hear from their constituents that America has had enough of hackable voting machines and equipment. Right now, we are sending local election officials into battle against foreign hackers without the tools or guidance that are essential to defending our democracy." - U.S. Sen. Ron Wyden (D-Ore.)

Election Security, from page 1 outcome. In 2018, the U.S. election system proved still vulnerable, blocking democracy reform bills, including the SAFE Act, and initially as electronic voting systems in states like Georgia were left open to opposed election security funding as well. cyberattacks. To pressure senators to take action on election security, Public Citizen Congress has yet to enact universal protections against election inter- and dozens of groups, including the conservative groups Americans for ference or to provide enough funding for states to secure their voting Tax Reform and FreedomWorks, organized a national day of action on systems and institute stronger voting security requirements — measures Sept. 17 at more than 40 locations across the country, including New that Public Citizen has called for. York City, Chicago, Tucson, Jacksonville, Philadelphia and San Diego. The U.S. House of Representatives in June passed a funding bill (H.R. Gathering in front of the district offices of U.S. senators, the activists 3351) that would allocate $600 million to states and localities so they can demanded that their senators and McConnell approve the funding bill replace paperless voting systems with verifiable paper ballot systems, to improve the security of elections. secure voter data and hire staff to help counter the evolving threats In San Antonio, members of the Bexar County Voter Protection to elections. The House in June also passed the SAFE Act (H.R. 2722) Coalition, representatives of Public Citizen and other concerned Texans — comprehensive election security reform, including sustained fund- rallied outside the office of U.S. Sen. John Cornyn (R-Texas) and deliv- ing. However, U.S. Senate Majority Leader Mitch McConnell (R-Ky.) is ered letters from constituents urging his support of legislation to keep

8 NOVEMBER/DECEMBER 2019 PUBLIC CITIZEN NEWS Organizers hold a national day of action in Tucson, Ariz., on Sept. 17 to urge lawmakers to give states the money they need to secure the vote. Public Citizen file photo. U.S. elections safe from interference. would amount to only $70,000 per county, which is barely enough to “Without paper ballots or an auditable paper trail, Texas is espe- buy 13 paper ballot scanners and not nearly enough to hire IT security cially vulnerable to election interference,” said Adrian Shelley, director personnel, Public Citizen said. of Public Citizen’s Texas office. “That’s why we are calling on Cornyn “It makes no sense to give states and counties so little to stop cyber- to support $600 million for election security. The threat is real, and we attacks compared to the funding given to our military, police and first must answer it today.” responders to protect us physically,” said Aquene Freechild, co-director Coinciding with the national day of action, Public Citizen held a of Public Citizen’s Democracy Is For People campaign. telephone press conference with U.S. Sens. Ron Wyden (D-Ore.) and The same week, a U.S. Election Assistance Commission (EAC) com- Richard Blumenthal (D-Conn.), U.S. Rep. John Sarbanes (D-Md.), election mittee met to consider allowing the next generation of federally certified security experts and activists to highlight the urgent need for security voting machines to be connected to the internet, which is unsafe because upgrades ahead of the 2020 election. it makes the machines more vulnerable to hacking. “Any member of Congress who does not support taking concrete “It is widely recognized that one of the best ways to protect machines steps to stop foreign hackers needs to hear from their constituents that from manipulation is to make sure they can’t connect to the internet,” America has had enough of hackable voting machines and equipment,” Freechild said. Wyden said. “Right now, we are sending local election officials into battle Time is running out for states to secure their systems before the 2020 against foreign hackers without the tools or guidance that are essential elections. Public Citizen urges readers to tell their senators to send states to defending our democracy.” the full $600 million for voting security and urge the EAC to ban internet The heads of Americans for Tax Reform and FreedomWorks also held connectivity in our voting systems. This would help ensure secure elec- a press conference calling on McConnell to act. tions and protect our democracy. On Thursday, Sept. 19, McConnell announced that he was co-spon- soring legislation that would provide $250 million for election security To make your voice heard on this important issue, phone the U.S. to be distributed to 50 states and thousands of counties. While it is a Capitol switchboard at (202) 224-3121 and ask to be directed to the step in the right direction, McConnell’s funding is still inadequate, as it office of your senator.

"It makes no sense to give states and counties so little to stop cyberattacks compared to the funding given to our military, police and first responders to protect us physically." - Aquene Freechild, co-director of Public Citizen’s Democracy Is For People campaign

PUBLIC CITIZEN NEWS NOVEMBER/DECEMBER 2019 9 Drug Price, from page 1

Public Citizen began working with “Fundamentally, high medicine prices are rooted in the monopoly powers our U.S. Rep. Lloyd Doggett (D-Texas) government grants to prescription drug corporations. Making medicine affordable to draft the Medicare Negotiation for everyone requires that we challenge this power.” and Competitive Licensing Act, —Peter Maybarduk, director of Public Citizen’s Access to Medicines program which was introduced in February and has the support of more than 120 House Democrats. ambitious approach. that must be addressed. The plan, Labor Committee incorporated It gives the U.S. Department of By the time Public Citizen held for instance, does not limit how an amendment sponsored by U.S. Health & Human Services (HHS) its telephone press conference, much consumers pay for new Rep. Pramila Jayapal (D-Wash.) direct power to negotiate drug arbitration had been removed drugs. And it doesn’t allow the to expand price spike protections prices with manufacturers. The from the legislation. The bill still government to negotiate prices beyond Medicare to employer- bill also gives the agency the power empowers the U.S. government to for all drugs. So patients who use sponsored health plans. to license patents and introduce negotiate directly with drugmak- expensive medicines that do not As Public Citizen News went to generics when drugmakers do not ers for lower prices, but it imposes qualify for negotiation may still be press, Public Citizen and progres- offer a reasonable price. a steep tax penalty on companies at the mercy of Big Pharma’s price sive allies inside and outside of Meanwhile, Democratic Party that refuse, rather than sending the gouging. Congress were working to further leaders were crafting a much matter to arbitration. Some aspects of the plan rely strengthen the bill through amend- more modest plan to lower prices That would mean a better deal too heavily on prices abroad, which ments, including ones that would through arbitration, which would not only for Medicare patients but derive from monopolies just as they ensure people without insurance have empowered a third party to for people with private insurance. do in the U.S., rather than provid- can benefit from lower prices and decide what the government must H.R. 3 also would guard against ing a fresh opportunity to establish expand negotiations to cover more pay for a prescription drug. price spikes by requiring drug com- fair prices related to real research drugs. The Doggett bill, though, set panies to pay rebates to Medicare investments and priorities. “The changes made so far to the the standard for drug pricing leg- when they increase prices beyond “Fundamentally, high medicine legislation from its more conserva- islation and the parameters for the the level of inflation. prices are rooted in the monopoly tive, earlier iteration testify to the legislative debate. Public Citizen “Democratic leaders under- powers our government grants to power of patients and their fami- met with House Speaker Nancy stand that after their Better Deal prescription drug corporations,” lies who spoke out about medical Pelosi’s (D-Calif.) office through- pledge to midterm voters, they Maybarduk said. “Making medicine debt and treatment rationing and out the year, insisting on policy to need a big drug pricing bill around affordable for everyone requires demanded that their government match the scale of the drug afford- which Democrats can rally,” said that we challenge this power.” do better,” said Steve Knievel, ability problem. The organization Peter Maybarduk, director of Public advocate with Public Citizen’s also coordinated a sign-on letter Citizen’s Access to Medicines Strengthening H.R. 3 Access to Medicines program. to Pelosi, laying out progressive program. Some of the issues with H.R. 3 may “Ultimately, making medicine groups’ requirements for her legis- be remedied ahead of a final vote affordable will require going fur- lation. In response, the party lead- Making It Even Better on the floor of the House. On Oct. ther to disrupt corporate monopoly ers were forced to adopt a more Yet the legislation has limitations 16, the U.S. House Education and pricing.”

PUBLIC CITIZEN IN YOUR STATE Much of Public Citizen's work focuses on federal policies, but the organization also works in the public interest at the ­local and state levels. Here's what Public Citizen has been doing in your state lately.

presidential election. The coalition includes Public Citizen, Stand Up America, Indivisible, By The People, Progressive Democrats Of America, March For Truth, MoveOn, Need To Impeach, Women’s March, People For the American Way, Daily Kos, act.tv, Democracy for America, National Action Network, National Organization for Women, Greenpeace and CREDO Action. By gathering in front of the district offices of House members as lawmakers finalize their positions, coalition members plan to urge lawmakers to uphold the Constitution and their oath of office by supporting Trump’s impeachment. These actions will take place in cities across the country, including Juneau, Alaska; Columbus, Ohio; Sedona, Ariz.; Salt Lake City, Utah; and Atlanta, Ga. Since the beginning of his administration, Trump has behaved with contempt for the values enshrined in the Public Citizen Mobilizes Activists Constitution and used the presidency to enrich himself. on Impeachment Inquiry However, the recent revelations surrounding his extortion of an allied Declaring that nobody is above the law, Public Citizen is helping lead an foreign government, his urging of a foreign government to interfere in the effort to organize grassroots activists nationwide to take to the streets in 2020 presidential election and his attempt to cover it up are a clear threat hundreds of cities on the night before the U.S. House of Representatives to our democracy. Impeachment is no longer a political option but a moral votes on whether to impeach President Donald Trump. and constitutional obligation, as nobody is above the law, advocates, The actions are being organized by the “Nobody Is Above the Law” including Public Citizen, say. coalition, which also mobilized activists to protect Special Counsel Public Citizen News encourages readers to RSVP for a “Nobody Is Robert Mueller’s investigation into Russian interference in the 2016 U.S. Above the Law” event at www.impeach.org. — Molly Kozlowski

10 NOVEMBER/DECEMBER 2019 PUBLIC CITIZEN NEWS Workers Sue the USDA Over Hog Line-Speed Rollback BY DAVID ROSEN That’s what thousands of com- action. Lawyers from Public of administrative law: Agencies menters told the USDA when it Citizen, assisted by lawyers at cannot refuse to address concerns proposed eliminating the caps on United Food and Commercial about the impacts of their actions, line speeds at hog slaughter plants Workers (UFCW), filed a lawsuit on and they must acknowledge and or more than a decade, whistle- and reducing the number of gov- Oct. 7 in the U.S. District Court for explain when they change their Fblowers at the U.S. Department ernment safety inspectors on each the District of Minnesota, urging positions,” said Adam Pulver, the of Agriculture (USDA) have warned line by 40%. Public comments the court to set aside the USDA’s Public Citizen attorney handling workers at hog slaughter and pork submitted to the USDA, including rule. the case. processing plants against speed- those provided by Public Citizen The lawsuit was filed on behalf “By refusing to discuss the ing up production lines. Faster last summer, identified dozens of of UFCW and three of its local mountains of evidence showing line speeds at these plants increase peer-reviewed studies and expert unions: UFCW Local 663, Local 440 that faster line speeds will endan- the risks to consumers of ingesting analyses showing that eliminating and Local 2. Together, the union ger workers — even after acknowl- contaminated food and endan- line-speed maximums would put and locals represent thousands edging in its proposed rule the ger the health and safety of plant plant workers at greater risk. of employees in Minnesota, Iowa, importance of considering worker workers. In its final rule, published in Kansas, Missouri and Oklahoma safety — the USDA broke these two Workers in these plants, many September, the USDA did not dis- who work at pork plants where bedrock principles.” of whom are people of color or pute any of this evidence. Nonethe- the USDA expects companies to The record before the USDA immigrants, already face some of less, the agency refused to consider increase line speeds and alter showed a clear link between worker the highest workplace injury and the impact of its actions on worker safety inspection methods pursu- safety and food safety — a connec- illness rates in the country: 2.3 safety, despite having done so for ant to the rule. tion Congress noted in adopting times higher than the average for decades. The complaint explains that the Federal Meat Inspection Act in all private industries, according to “Allowing plant management to the USDA’s refusal to consider the 1906 and the Humane Methods of the U.S. Bureau of Labor Statistics. decide for itself what line speeds harms its actions will have on work- Slaughter Act in 1978. They regularly suffer from a vari- are safe and privatizing the in- ers reflects arbitrary and capri- The complaint also alleges that ety of repetitive stress injuries, spection process is a classic case cious decision-making, violating the USDA violated the Federal Meat including tendonitis; carpal tunnel of the fox guarding the henhouse, the Administrative Procedure Act. Inspection Act by replacing 40% of syndrome; knee, back, shoulder and it must be stopped before Not only has the USDA considered federal inspectors with inspectors and neck traumas; and lacera- irreparable harm is done,” said worker health and safety impacts employed by the company they are tions from knives and blades used Shanna Devine, worker health previously, but in proposing this charged with inspecting. in their work. Swine slaughter and safety advocate for Public Citi- rule, the agency acknowledged the Public Citizen and UFCW are workers regularly report pressure zen’s Congress Watch division. importance of considering these asking the court to block imple- to work as fast as possible, which In response to the rule, Public impacts. mentation of the rule and set it increases the risk of injury. Citizen’s legal team sprang into “There are two basic principles aside.

Meet Public Citizen Activist Liz Wally BY ELIZABETH GONZALEZ AND MOLLY KOZLOWSKI ndomitable. Dedicated. Passionate. Those are just some words that if you haven’t voted in the right people to make the change, Ithat come to mind when colleagues are asked to describe Liz the [political] system will never change either.” Wally. In 2007, Wally helped found Clean Elections Texas, a nonparti- Wally’s work with Public Citizen began in 2012, when she san organization that seeks to promote transparent and responsible helped organize an event marking the second anniversary of the government in Texas by building statewide support for public fund- U.S. Supreme Court’s disastrous Citizens United v. FEC decision. ing and other campaign reform measures. Since then, Wally has partnered with the organization on a variety As an activist, Wally has developed a reputation as a skilled net- of mobilization initiatives, including the Integrity worker and coalition builder, bringing together Texas coalition and a voting rights coalition fol- groups such as Democracy Matters and Democracy lowing the nationwide Democracy Awakening for America to tackle clean election reform in mobilization in 2016. Texas. This year, Wally worked with Public Citizen’s “Liz sees where democracy needs defending Texas office to defeat S.B. 9 in the Texas state and gets to work, finding and building up local Senate. Among other things, the legislation leaders and coalitions, and getting things done. would have made it a felony for Texans to vote She is a joy to work with and a force to be reckoned when they’re ineligible — even if they do so with in Texas,” said Aquene Freechild, co-direc- unknowingly. tor of Public Citizen’s Democracy Is For People Wally also was instrumental in coordinating campaign. the Secure Our Vote rally with Public Citizen in Wally’s advice for activists wishing to maintain Dallas this September (see story on page 1), gather- their optimism in the face of challenges with orga- ing activists in front of U.S. Sen. John Cornyn’s (R-Texas) office to nizing is to remember that “the people who are working toward the demand funding for election security and accountability. same vision are what makes your work worthwhile.” A native Texan and Stanford alumna, Wally has always been As Adrian Shelley, director of Public Citizen’s Texas office, has drawn to solving problems, starting her career as a conflict mediator observed, Wally’s hopeful vision and spirit is often a source of inspi- in Texas elementary schools. However, it was a local movement in ration for the activists she collaborates with. Dallas, Texas, focused on addressing money in politics that drew “In a state where fighting for voters’ rights is an uphill battle, her to taking on election reform and working with Public Citizen. Liz Wally is a pleasure to work with. Her knowledge and depth of “None of your issues will be taken care of unless you take care experience in the Dallas-Fort Worth area make her a valuable ally of money in politics,” Wally said. “I also came to the realization in our statewide coalition,” said Shelley.

PUBLIC CITIZEN NEWS NOVEMBER/DECEMBER 2019 11 Suing to Ban Cesium Chloride Dietary Supplements BY RHODA FENG medical professionals. That same any claimed benefits,” said Dr. ride. Use of cesium also can cause day, Public Citizen petitioned the Meena Aladdin, health researcher dangerously low blood potassium agency to ban cesium chloride in in Public Citizen’s Health Research levels and has been linked to dietary supplements and to pro- Group. “The FDA also must protect seizures. vide safety communications to the public from cesium-containing More than a year has passed consumers and doctors about the dietary supplements.” since Public Citizen submitted ublic Citizen in September dangers of the supplements. its petition to ban cesium dietary Psued the U.S. Food and Drug On Sept. 5, 2019, the FDA issued Life-Threatening supplements, and the FDA has yet Administration (FDA) over its fail- a proposed rule to make perma- Cardiac Effects to issue a decision. Such a delay ure to respond to the organiza- nent the ban on cesium chloride The greatest danger posed by violates the Administrative Proce- tion’s petition urging the agency to in pharmacy compounding. For cesium chloride and other cesium dure Act, Public Citizen said in its ban the marketing of cesium-con- Public Citizen, it was the right salts is cardiac toxicity. Numerous lawsuit. taining dietary supplements. The move but came too late. animal studies conducted over the “Given the abundance of evi- suit was filed in the U.S. District “Although we strongly support past four decades have shown that dence indicating the dangers Court for the District of Columbia. the FDA’s action to block pharmacy cesium causes changes to the elec- associated with ingesting cesium The FDA has long recognized compounding of cesium chloride, trical activity of the heart that can chloride or any other cesium salt, it the dangers of cesium chloride; the agency should have acted lead to cardiac arrest. Additionally, is imperative that the FDA prohibit the agency’s own reviewers have more than two years ago,” said Dr. there have been multiple reports the marketing of dietary supple- noted that cesium chloride pres- Michael Carome, director of Public of patients experiencing cardiac ments containing these chemi- ents “serious safety concerns” Citizen’s Health Research Group. arrest after ingesting cesium chlo- cals,” said Aladdin. and “is not safe for human use.” “By not acting more expeditiously, Nonetheless, the ingredient has the agency allowed consumers to long been used in dietary supple- continue to be exposed to a dan- ments and pharmacy compound- gerous and ineffective medication ing despite its link to preventable that has been promoted with- life-threatening cardiovascular out basis to vulnerable cancer events. patients.” Public Citizen petitioned the However, the agency did noth- FDA in December 2017, request- ing to stop the use of cesium ing that it ban the use of cesium chloride in dietary supplements, chloride in compounded drugs. despite cesium chloride’s link to The FDA dragged its feet, but on fatal adverse effects and a lack July 23, 2018, partially granted of evidence that it has any health Public Citizen’s petition, placing benefits. cesium chloride in a category of “It is amply clear from the scien- substances that may not be com- tific literature and case reports that pounded under interim FDA guid- the risks of using cesium chloride ance and issuing a health alert to or any other cesium salt outweigh Graphic courtesy of James Yang. Americans Continue to Die as the FDA Refuses to Act BY MIKE STANKIEWICZ public comment on a draft guid- them. Meanwhile, the agency on approval of all new opioids or espite the opioid overdose ance that merely “encouraged” approved the superstrong and opioid formulations. Depidemic continuing to claim drugmakers to provide informa- dangerous opioid Dsuvia in 2018, In the petition, Public Citizen lives every day, the federal gov- tion that could help the agency which it wouldn't have done had contended that the FDA should ernment has failed to implement determine the risks and benefits the agency followed the National not approve any new opioids a detailed plan to help address of a new opioid. Academies’ recommendations. until the agency has imple- the public health crisis that was This is inadequate because it “The FDA must make the mented the National Academies’ issued more than two years ago by is focused on nonspecific, gen- development and implementation recommendations. the esteemed National Academy eral factors that the FDA would of an effective opioid approval The FDA denied the petition on of Sciences, Engineering, and consider when reviewing any framework its number one prior- Sept. 6, saying that it was devel- Medicine. new drug application instead of ity,” said Carome. oping a framework for approving The U.S. Food and Drug specific benefit and risk informa- “Had the FDA acted with the opioids. But as the agency con- Administration (FDA) has moved tion of opioids, Public Citizen con- urgency demanded by the ongoing tinues to craft what likely will be too slowly and insufficiently tends. A stronger framework has opioid crisis and begun the impor- a watered-down process, thou- in creating an updated regula- been available for years. In fact, tant process of developing des- sands of Americans will continue tory framework for reviewing the FDA asked for it. perately needed criteria when it to die. and approving new opioids, and In early 2016, the FDA commis- received the National Academies’ Nearly 69,000 Americans died the agency’s recent, woefully sioned the National Academies recommendations more than two from drug overdoses in 2018, inadequate draft guidance for to review the agency’s regulatory years ago, the framework likely according to the U.S. Centers for assessing the risks and benefits oversight of opioids and make rec- would have been completed by Disease Control and Prevention, of opioids proves how little the ommendations for improving it. now, rather than just beginning. 12,757 of which were from pre- agency has done to help address The National Academies in Lives are at stake,” he said. scription painkillers. America’s rampant opioid crisis, mid-2017 presented the FDA In April, Public Citizen and “The FDA has wasted valuable Dr. Michael Carome, director of with detailed and in-depth rec- Dr. Raeford Brown, then chair time,” Carome said. “Thousands Public Citizen’s Health Research ommended improvements for of the FDA’s Anesthetic and of lives are being destroyed or lost Group, told the FDA at a public the opioid review and approval Analgesic Drug Products Advisory in the opioid crisis, but the FDA hearing on Sept. 17. process. Committee, filed a petition with has continued to approve increas- In June, the agency solicited But the FDA has not yet adopted the FDA to impose a moratorium ingly potent new opioids.”

12 NOVEMBER/DECEMBER 2019 PUBLIC CITIZEN NEWS Immigration, from page 7 not be held in family immigration the Center for Responsive Politics. perpetuate and expand private detention for more than 20 days, Since 2009, the industry has spent detention,” Weissman said. “It’s businesses. Doing so virtually children with imprisoned par- more than $25 million lobbying past time to shut down this busi- guarantees civil and human rights ents have been placed in federal lawmakers and federal agencies. ness once and for all.” abuses,” said Robert Weissman, custody. After the separation of During the 2018 campaign president of Public Citizen. thousands of children from their cycle, political action commit- Five companies have seen con- parents and the resulting pub- tees and individuals tied to the tract revenue increases of 25% or lic outcry, Trump backtracked sector gave more than $1 million more from the last two years of the months later, reversing the prior to Republican lawmakers at the Obama administration to the first policy and allowing families to be federal level, making up 88% of two years of the Trump adminis- detained together. industry contributions, with only tration. Contract revenue more Most recently, the Trump 12% going to Democrats, according than tripled (329%) at Deloitte administration proposed new rules to the center’s data. Consulting, was up by 43% at Geo that would allow the federal gov- The industry also has been Group and increased 40% at MVM ernment to detain migrant families influential at the state level. From Inc. Others showing large increases indefinitely while judges consider 2009-2016, private prison compa- over that same time period were applications for asylum — a move nies contributed more than $7 mil- Comprehensive Health Services that would involve withdrawing lion at the state level, with the vast Inc. (39%) and Unisys Corp. (25%). from a consent decree that has majority coming from GEO Group Trump’s aggressive immigra- set standards for treatment of de- ($4.3 million) and CoreCivic ($2.4 tion enforcement actions were tained migrant children. million), according to a report by exemplified by the administra- The for-profit prison industry the National Institute on Money tion’s “zero tolerance” policy for has a history of political campaign and Politics. illegal entry and its prosecution spending, having spent nearly $8.9 “The use of private prisons is of all adults detained for illegal million since 2000 on campaign a self-reinforcing problem. The border crossings. To comply with contributions, with about 60% for-profit prison and detention a requirement that children can- going to Republicans, according to industry functions as a lobby to Graphic courtesy of John Tomac. Public Citizen salutes . . . the extraordinary generosity and commitment of our ­donors, who make our mission and goals their own. This list includes recent leadership donations. TRUSTEES Maria Ragucci Donald Hall ($1,000-$4,999) Stephen Schaeffer Tara Wakefield Christopher Robinson and Ruth Harvey A Brody Foundation Sara Schuett Betty Walters ($25,000+) Bok Yon Mauras The Humanist Fund Marylou Allin Anthony So Barbara Wayne Anonymous Abby Rockefeller and Lee Halprin International Brotherhood of Albert Alling Robert Spiegelman Barbara Whitney Mark Chavez Alan Rokaw, in memory of Teamsters David Arpi Laura Sternberg Ann Worthington Polly and Randy Cherner Elaine Rokaw Colleen and Darryl Bates Joyce Thibodeaux John Eder Nobuko Kuhn M.D. Deborah Schumann M.D. Joseph and Marjorie Belth Theo and Pia Van De Venne Caragh Glenn Fay Charles LaDuca FOUNDATIONS Karen Seriguchi Bob and Heidi Bendetson Christine Weir Thomas Fortune Fay Eileen and Paul LeFort 11000 Days Marsha Soffer Bill Masters and Gail Berman Jeffrey Wihtol In memory of Solomon Fingold James Lichter 11th Hour Project of the Schmidt Mary Steele Helen Bonner Neil Young Andrew Friedman Family Foundation Patrick and Vicki Malone Walter Coddington Jody Zaitlin Sheila, Dave and Sherry Gold Abe and Ida Cooper Foundation Victor Martino Jean Darling Nick and Yonok Zeller Foundation TORCHBEARERS Arca Foundation Paula Merritt Deitzler Foundation, Inc. John Zeltin Neil Holtzman M.D. The Bauman Foundation DIRECTOR’S CIRCLE Thomas Methvin Jeffrey Dennis Taras Kick Bernard and Anne Spitzer Alan and Anne Morrison James Donnell Jean Lenhart ($5,000-$9,999) SUSTAINERS Charitable Trust David Dressler Michael Rooney Elizabeth Abbe and Donald Mullen Center for Effective Government D. Elghanayan ($100-$250 monthly) Stephen Silberstein Lewis Schneider Michael Murray Colombe Peace Foundation Dillard H. Brown- George Alvarez-Correa Steve Skrovan and Ronald and Mary Forthofer Bette Kay Myerson C.S. Fund Frederick E. White Foundation Donald Andrews Shelley Powsner American Association for Justice Andrea Nace Deer Creek Foundation Richard Frankfort Arthur & Anne Berndt Defense Against Thought Control Gerson Smoger American Federation of Barry Nace Chandra Friese Anne Bloom Foundation Janet Varnell and Brian Warwick State, County and Municipal Christopher Nace Collin Fritz Betty Butterbaugh Edna Wardlaw Charitable Trust Employees Matthew Nace Linda Gochfeld M.D. James Causey Energy Foundation TORCHBEARERS Greg Allen Peter Nicholl Howard Gold Joseph Celentano Environmental Defense Fund Sarah Anderson Victoria Nugent Steven Goldman Gregory Cermak The Fair Share Fund at the PRESIDENT’S CIRCLE Richard and Joanne Barsanti Scott Owens Brian Gregg George Cohen Community Foundation Santa ($10,000-$24,999) Jere Beasley Hassel Perrel Dave and Sally Hackel Leo Coutu Cruz County Jason Adkins James George Beaudry Kit Pierson David Halperin Michael Donahue Fine and Greenwald Foundation David Fury and Elin Hampton Marshall Dubaldo Franz and Marcia Allina Tim Becker Gary and Colleen Pomerantz Ford Foundation Louis Hellwig Susan Farrell Bob and Jacquelin Apsler Steven Berger and Lutz Prager Houston Endowment Attorneys Information Exchange Hendrika Hoogenbosch Jill Fisher J.M. Kaplan Fund Paula Hughmanick Steve and Carolyn Purcell Group Ivar and Jean Iverson Lynda Fox JMG Foundation Marcie Tyre Berkley and C.M. Pyle Stefanie Moritz and John Gibson The Benjamin Fund Forrest Berkley Johnson Family Foundation Monty Bennett Patrick Regan Vincel Jenkins Bruce Gillam Marisla Foundation Jim and Nancy Bildner Stephen Bruce Phil and Monica Rosenthal Charles Knotts James Golden Mertz Gilmore Foundation Elizabeth Cabraser Steven Birnbaum Michael Royce and David and Frances Korten Lynne Goldsmith Cynthia and George Mitchell Daniel Castellaneta and Mrs. Walter Brissenden Alexis Rappaport Arthur Laskin Tom Hamer Foundation Deborah Lacusta Mark Bronson F. James Rutherford William Latta Margaret Herzen Moriah Fund Steven Cohen Christopher Brown and Morley Schloss Margaret Leary Oscar Jones NEO Philanthropy Steven Fineman Susan Urquhart-Brown Edward and Cindy Light Kathleen Jones New Venture Fund Christian Searcy Doris Marx Susan Knape Bernadette Goggin James Causey Judith Shapiro Open Society Foundations Sidney Goldstein Christopher and James Margolis Park Foundation Charles Charrow Michael Shoop and Margie Haley Catherine Mathews Fred Matthews Perls Foundation Dana Chasin Joyce Prudden Terry McCaffrey Christopher Nace Kriss Hart Robert Cordova Piper Fund, a Proteus Fund Jeld Charitable Foundation Mary Ellen Stinski Joyce McFarland Erik Nash initiative Robert Jennings Jr. and Jonathan Cuneo Faith Strong Edward Merrilees Israel Perla Public Welfare Foundation Barbara Bott Sandra Davidson Stephen Tillery Nancy Miller Gary Pomerantz Rachel and Ben Vaughan Morton and Merle Kane David Deitch Gibson Vance Peter Nosler Russell Posch Foundation Ellen and Christopher Kauffman Laraine Del Belso Carol Weale David Oberweiser Nancy Rader Rockefeller Brothers Fund Edward Oppenheimer Martha Kirby Gilbert Dembo Welman Family Fund Rita Rausch Rockefeller Family Fund Adam Koranyi Margaret Elizares Joseph and Joan Panaro Martha Reddout Ted and Rita Williams Elsa Wood James Pietz Zeke Reich Rabbi Emily Korzenik George Farah Foundation James Worth Duane Polzien Martha Rowlett Jacob and Lini Lipton Donald and Martha Farley Tides Foundation Michael and Louise Malakoff John Zavez Ilene Resnick Hezekiah Sistrunk Wallace Global Fund Edith Fein Richard and Susan Master Alec Rhodes Marc Stanley Western Conservation Dorothy Mauser Pamela Gilbert TORCHBEARERS Carl Riehl Gary Stewart Foundation Mary Maxwell Danny Goldberg Michael and Maria Romney Jennifer Tomkins William H. Donner Foundation Barbara Moore Bernard and Harriet Gross LEADERSHIP CIRCLE Dorothy Salant Willem Vandenbroek Denise Peine Jon Hagler Edgar and Diana Sanford Thalia Venerable To become a leadership supporter, please contact Amanda Fleming at (202) 588-7734 or [email protected]. PUBLIC CITIZEN NEWS NOVEMBER/DECEMBER 2019 13 Are your medicines IN THE SPOTLIGHT SAFE? The following are highlights from our recent media coverage. Robert Weissman, Public Citizen Drug Index: Politico. On 2020 presidential president candidates’ drug pricing plans: The Hill. Many drugs that come to market have risks On President Donald Trump’s bid to that outweigh their benefits. Others, found host the G-7 summit at his Miami prop- Tyson Slocum, director of Public to have risks only after they are approved, erty: The New York Times, Associated Citizen's Energy Program are left on the market for dangerously long Press. On Trump’s real estate proper- On utility companies violating grid periods of time. Find out which drugs are ties: The New York Times, The Boston security rules: The Wall Street Journal. safe—and which you should avoid—with Globe, Santa Fe New Mexican. On On the Federal Energy Regulatory Public Citizen’s WorstPills.org and Worst Trump’s repeal of the clean car stan- Committee’s (FERC) elimination of its Pills, Best Pills News. dards: CNN. On protecting immigrant Division of Energy Market Oversight: rights: Newsweek. On forced arbitra- To subscribe to WorstPills.org, our website, The Washington Post. On FERC nomi- for only $10 a year, visit www.WorstPills.org, tion: CNBC. On Hunter Biden’s busi- nees: Politico. On JPMorgan Chase’s and type in promotional code OP4L5PC when ness dealings: ABC, The Washington purchase of Texas electric utilities: prompted. Post, The Boston Globe. On Trump’s The American Prospect. On state energy attacks on presidential candidate Joe regulators: The Washington Post. On To subscribe to the monthly print edition Biden: HuffPost. On undisclosed spon- Trump’s energy plan: NJ.com. . of Worst Pills, Best Pills News for a sors of Amazon’s gift guide: Bloomberg. discount—$10 a year—mail in the form Adrian Shelley, director of Public below. (Phone orders without this coupon Lisa Gilbert, vice president of Citizen’s Texas office are $20.) ­legislative affairs On pollutants unleashed in the wake Yes! I will subscribe to the print On the weaponization of donor infor- of Tropical Storm Imelda pollutants: edition of Worst Pills, Best Pills News mation: The Washington Post. On Associated Press, Houston Chronicle, for only $10 for 12 monthly issues. Podesta Group lobbyists: The Hill. On a Hartford Courant, The Baltimore Sun. All orders must be prepaid Republican lobbyist being hired to save Google from legal troubles: Politico. On Check (payable to Public Citizen) Craig Holman, government affairs bank regulatory revisions: The New ­lobbyist with Public Citizen’s Credit card: Visa Mastercard York Post. On the influence of Big Tech Congress Watch division Amex Discover lobbyists: “Full Measure with Sharyl On the federal grand jury investigation Attkisson.” of D.C. Councilmember Jack Evans: The Washington Post. On U.S. Sen. Elizabeth CREDIT CARD NUMBER Lori Wallach, director of Public Warren's (D-Mass.) criticism of the Citizen's Global Trade Watch Pentagon: Mother Jones. On chang- EXP. DATE On the fate of the North American Free ing the D.C. Council’s ethics laws: The Trade Agreement (NAFTA) rewrite Washington Post. On Federal Election SIGNATURE (AS IT APPEARS ON CARD) amid impeachment proceedings Commission appointees: Bloomberg against Trump: The Washington Post, Government. On the U.S. Department NAME HuffPost. On Trump’s NAFTA negotia- of Justice’s crackdown on illegal for- tions: Politico, The American Prospect. eign lobbying activity: Bloomberg 8-DIGIT ID NUMBER (FROM MAILING LABEL) On Democratic presidential candi- Government. On Trump profiting dates’ trade policies: NPR. On Trump’s from the presidency: HuffPost. On STREET ADDRESS trade deal with Japan: The Washington conflicts of interest within political Post. On effects of the U.S.’s tariffs families: Newsweek. On presidential on consumer goods made in China: CITY candidate Andrew Yang’s giveaway of KOLN-TV (Lincoln, Neb.). campaign funds: The New York Post. On Washington, D.C., charter schools: STATE/ZIP Dr. Michael Carome, director of Public Washington City Paper. On Trump’s bid Citizen’s Health Research Group to host the G-7 summit at his Miami EMAIL ADDRESS On Lyme disease vaccinations: NPR. On property: Quartz. On Kansas GOP can- fraudulent medical awards: ProPublica. didate Amanda Adkins skirting cam- PHONE NUMBER On Zantac’s cancer risk: NPR. On the paign finance rules: The Kansas City U.S. Food and Drug Administration’s Star. On Big Oil’s silencing of climate Send order to: (FDA) guidance on new opioids: activists: NJ.com. On political action Public Citizen MedPage Today. On the FDA’s pro- committees helping Missouri politi- P.O. Box 96978 posed ban on the herbal supplement, cians dodge donation limits: Springfield Washington, DC 20090-6978 Curcumin, in compounded drugs: News-Leader. Science-Based Medicine. OP4L5PC Public Citizen Litigation Group Peter Maybarduk, director of Public On U.S. Supreme Court cases address- Citizen’s Access to Medicines Program ing LGBTQ rights: Politico. On the U.S. On U.S. House Speaker Nancy Pelosi’s Department of Labor’s bias settle- drug pricing plan: Politico. On phar- ment: Bloomberg Law. On U.S. Rep www.WorstPills.org maceutical monopolies: The American Devin Nunes’ (R-Calif.) lawsuit against Prospect. On the Consumer Prescription Twitter: The Herald Bulletin.

14 NOVEMBER/DECEMBER 2019 PUBLIC CITIZEN NEWS FOR YOUR ENTERTAINMENT: Public Citizen Crossword Answers, page 16 Lock Them Up! Lock Them Up! BY JIM QUINLAN Across 63. Stereotypical sound in a haunted 1. In a complete fog house 6. Some 65. In jail, as the 10. Many a robocall criminals in 17-, 25-, 14. Major impact, as of an attack 39-, and 56- Across 15. Loose dress: var. are 16. Italian "dear" 69. The ___ (U2 gui- 17. Spanish bandits tarist who co-wrote 19. Basics, colloquially the rock musical 20. Like all primes except one 'Spider-Man: Turn 21. Blanc with many voices Off the Dark') 22. Anita who was interviewed 70. "I ___ debt of by John Oliver gratitude to…" 24. It's spilled 71. Worth keeping 25. Those attempting to evade a 72. Be mindful of court appearance 73. One for Trump... 30. Attempt hopefully 32. Grp. that can say "I towed 74. More saintly you so!” 33. Muppet portrayed on a recent Down SNL 'Joker' movie parody 1. "Who's on First?" 34. Noted trio member straight man 36. League's top performer, 2. Buyer and seller 23. "As I see it," in textspeak "Who's ready for ice cream?” briefly 3. Part of a setting in a Sondheim 26. Kerosene 53. Make good as new 38. "Many years ___... “ musical title 27. Coffee variety 54. English Channel swimmer of 39. Some violators of city street 4. Word with bitter or dead 28. Precursor of riches '26 laws 5. Manhattan Project project 29. Box office warning 55. Slow wine drinker, say 44. Adam's spare part 6. Bedelia whose name (appro- 31. T in a fraternity 57. R2D2, e.g. 45. Green product prefix priately) means "to cause 35. Arena shout 58. Sought office 46. Sound from a toy trouble” 37. Inquire nosily 63. "I've seen better” 47. "Buenos Aires" musical 7. What PETA pans 39. Bette Midler or Lady Gaga 64. Keats' "To Autumn," e.g. 8. Moody, as music 50. Eastmost hour on a grandfa- 40. Where to find departure 66. Farm animal that sounds like 9. Chinese martial arts form ther clock info? a pronoun 10. Sells for twice the cost, 52. Temptress 41. Juul, for one 67. "That lady!” maybe 42. Brownnosed 68. A/C measure, for short 56. Stealthy thieves 11. San Francisco staple 43. Prefix with center or gram 59. Modern campus extension? 12. Missile's path 44. Button on a camcorder 60. Cartoon possum 13. More in Madrid 48. Hit perpendicularly 61. West in old movies 18. DeLaria of 'Orange is the New 49. 8, on a calendar 62. ___ diem Black' 51. Enthusiastic response to

Jim Quinlan constructs the crossword gratis. Public Citizen appreciates his generous contribution.

'Financial Exposure' walks us it’s true. Public Citizen Recommends ... through Bean’s investigations like For much of her tenure, Bean any good detective novel, shar- worked in a more courteous bipar- ‘Financial Exposure: Carl counsel of the subcommittee dur- ing uncertainties, frustrations and tisan Senate, where Republicans Levin’s Senate Investigations ing a span that included not just fatigue, peppered with anecdotes expressed as much zeal in ferreting into Finance and Tax Abuse' the London Whale, but also major missing from the final official out fraud as did Democrats. Alas, By Elise J. Bean; $49.99; money laundering crimes of HSBC fraud report. JPMorgan CEO Jamie these days are over, and it’s tell- Palgrave Macmillan (the world’s largest bank), tax eva- Dimon insisted on major security ing that the subcommittee hasn’t sion by Credit Suisse, tax cheating precautions for his closed-door produced much since Levin’s When then-U.S. Sen. Carl by major American corporations, interview. Levin declined, and it retirement. Levin (D-Mich.) took on JPMorgan the financial crash of 2008 and turns out no press ever discovered Congressional hearings can Chase as chair of the U.S. Senate more. Under her direction, the Dimon had even visited Levin’s become history and shape policy. Permanent Subcommittee on subcommittee exposed raw frauds committee. Watergate hearings ousted Nixon. Investigations regarding its $6 at some of the largest enterprises What’s striking is how few peo- The Church hearings helped billion in illegal gambling losses in the United States. She penned ple the subcommittee employed reform the CIA. Bean-led hearings known as the London Whale, the voluminous accounts for each one, to face down these giant corpo- led to better criminal settlements megabank’s lawyers and experts producing tomes that fully inform rations. Bean rarely worked with with major corporations. When filled the first two rows of the cav- any serious, patient reader. more than a handful of colleagues. enlightened lawmakers finally ernous U.S. Senate hearing room. It Bean came to the Senate as a It’s obviously fictional in TV control Washington, Bean’s hear- was an unfair fight. That’s because University of Michigan-trained dramas that the same small cast ings will shape necessary financial Levin was staffed by Elise J. Bean. lawyer from the U.S. Department of heroes saves the world in each laws. — Bart Naylor Bean is a national treasure. She of Justice, where she worked as a episode. At the Senate Permanent To order books, contact the publisher served as staff director and chief young trial lawyer. Subcommittee on Investigations, or visit your local bookstore or library.

PUBLIC CITIZEN NEWS NOVEMBER/DECEMBER 2019 15 Public Citizen Website Was Blocked as ‘Adult/Mature’ Content BY ANGELA BRADBERY lawyer who attends hearings and content,” the same category as to advocacy groups’ websites. multi-day meetings at the depart- websites devoted to pornography Public Citizen encourages inter- ment for his work. or gambling. net security personnel at other “The reason given on the As a result, when the depart- agencies — particularly those that screen when I tried to access citi- ment asked Fortinet to block use Fortinet’s web filtering ser- zen.org was ‘advocacy organiza- “adult/mature content” on its vices — to review their web filter- hen David tion.’ But advocacy is at the core network, Fortinet also blocked ing settings and make any changes WIN! WHalperin went to of free speech activity.” the websites of advocacy organi- needed to ensure compliance with the U.S. Department of Public Citizen staffers became zations, such as Public Citizen. the First Amendment. Education last year for a meeting concerned that Education “Federal agencies understand- “This case highlights the and tried to access Public Citizen’s Secretary Betsy DeVos and her ably may want to block access to increasing control of technology website on his computer, he got a staff had blocked access to the material inappropriate for a work- companies over what informa- strange error message: website because of disagree- place environment,” said Nandan tion Americans see and hear,” “Web Access Webguard Filter ment with Public Citizen's work Joshi, the Public Citizen attorney said Joshi. Violation ... You have tried to in recent years pushing for strong who handled the case. “But when the government is access a web page which is in protections for student borrowers. “But when an agency blocks involved, officials have an obliga- violation of your Internet usage Public Citizen’s website access to the websites of advocacy tion to uphold the Constitution policy. ... Category: Advocacy includes a wide range of informa- organizations, it violates the First and cannot turn a blind eye by Organization.” tion, including material critical Amendment right of the organiza- outsourcing their responsibility to It happened the next time he of the department and DeVos. A tion to speak and of people seek- private contractors. Instead, they was there, and the next. It also December 2018 report provided ing to visit the websites to access must engage in continual, vigor- happened to a Public Citizen attor- a critical analysis of grant-to-loan that speech.” ous oversight of their operations ney who attended a meeting at the conversions under the depart- In response to the lawsuit, to maintain compliance with con- department. ment’s TEACH Grant program, for the department adjusted its web stitutional requirements.” Their discovery prompted instance. filter so that advocacy organiza-

Public Citizen to sue the Education The website also has informa- tions will no longer be blocked

R E R U P M R E T D E E

Crossword Answers H

74 73

Department in April for violating tion about how Public Citizen on its networks. Because Public 72 E L I T U A E W O E G D E

71 70 69

S R A B D N I H E B N A O the First Amendment. As a result successfully challenged the Citizen’s site is now accessible at M

68 67 66 65 64 63 63

R E P E A M O G O

of the litigation, Public Citizen’s department’s delay of a rule to the department, Public Citizen dis- P

62 61 60

U D E S R A L G R U B T A

website is no longer blocked protect students from predatory missed the lawsuit in September. C

59 57 56 58

N E R I S I I I A T I V E

52 50 49 48 47 55 54 53 on the department’s Wi-Fi and for-profit colleges. But the websites of other 51

P I Y O C E B I R

46 45 44

employee internet networks. But the lawsuit revealed that groups may face the same prob- 44 S R E K R A P E L B U O D

39 41 40 43 42 39

O G A P V M O M

The litigation revealed the DeVos was not the source of the lem at other federal agencies that A

38 36 34 35 37

R A C S O A A A O T Y R

bizarre reason that access to citi- problem. Instead, the problem use Fortinet’s services. Public T

33 32 30 31

S R E P M U L I A B A E T

zen.org was blocked at the depart- J 25 24 27 26 29 stemmed from the Education Citizen urged Fortinet in July to 28

L L I H L E M D D O

22 21 20

ment: The website was classified Department’s web filtering ser- remove the “advocacy organi- 23

S C B A S O R E L O D N A B

19 17 18

A R A C U M U M T N U R as “adult/mature” content that vice provider, a company called zations” subcategory from the B

16 15 14

M A C S W E F A A E S T

was inappropriate for viewing on Fortinet. Fortinet classifies web- “adult/mature” category, but the A

10 6 1 6 5 4 11 8 7 3 13 12 10 9 1 the department’s networks. The sites for filtering purposes, and it company declined. 2 site had been lumped in with por- had correctly tagged Public Citizen As a result, other federal IN THE NEXT ISSUE... nography and gambling sites. as an advocacy organization. agencies that use the company’s “I found it bizarre,” said But Fortinet also classifies the Fortiguard web filtering service Public Citizen testifies before the Halperin, a Public Citizen websites of advocacy organiza- may still be violating the First U.S. Food and Drug Administration Foundation board member and tions as a type of “adult/mature Amendment by blocking access to advocate the ban of Makena. Charitable Gift Annuity A gift that gives back to you!

A charitable gift annuity is a simple contract between you and Public Citizen Foundation that supports us while providing you (and another individual) with a charitable deduction and payments on a quarterly basis for the rest of your life. The minimum gift to establish this annuity is $10,000 using cash or securities, and the minimum age is 65. The following are some of the payments we offer for one individual. Payments for two people are available upon request.

AGE WHEN ANNUAL PAYMENT ESTABLISHED ANNUITY RATE BASED ON $10,000 65 years 5.1% $510 70 5.6% $560 75 6.2% $620 80 7.3% $730 85 8.3% $830 90 and over 9.5% $950

For a confidential, free sample illustration, or more information, please contact Amanda Fleming at 800-999-1906 or [email protected]. 16 NOVEMBER/DECEMBER 2019 PUBLIC CITIZEN NEWS