On 21 November, the House of Representatives passed the “Stop Terror-Financing and Tax Penalties on American Hostages” bill. Among other aspects, the bill would enable the Treasury Secretary to strip tax-exempt status from non-profit organizations that are deemed to support terrorism. The fact that Treasury would not have to disclose the reasoning or evidence in support of its decisions, and that non-profits would have 90 days to provide evidence to disprove accusations against them, has raised concerns over potential due process violations, including shifting the burden of proof. Experts and hundreds of civil society organizations worry that, if passed, the bill would have a chilling effect on civil society, news outlets, universities and any other tax-exempt organizations, in addition to considering many of its provisions redundant, as support for terrorism is already a felony in the United States. The bill has now been received in the Senate for discussion.

Sources: U.S. Congress, ACLU, AP News, The Conversation, Council on Foundations

On 5 November Donald Trump was elected president after winning 312 electoral votes (and 49.9 per cent of the popular vote), compared to the Democratic candidate Kamala Harris’s 226 electoral votes (and 48.4 per cent of the popular vote). The latest data suggests voter turnout was high, at 63.8 per cent, but lower than the 2020 election (66.8 per cent).

The Republican Party won a majority in the Senate, with 53 out of 100 seats. Republicans further won a slim majority in the House of Representatives, with 220 seats to the Democrats’ 215. Women’s representation in Congress has not significantly changed. The number of women in the Senate is expected to be maintained at 25, and in the House between 124 and 127 representatives will be women (currently, 127 representatives are women).

Sources: AP News, CNN, NY Times, Carnegie Endowment, NPR, U.S. Census Bureau

On 1 July, the Supreme Court ruled that former President Donald Trump enjoys broad immunity from criminal prosecution. The decision was delivered regarding the charges brought against him for conspiracy to overturn the results of the 2020 election. The Court’s conservative majority determined that immunity for the exercise of core constitutional powers is absolute, while other acts carried out in an official capacity are protected by at least presumptive immunity. According to the Court, such immunity is necessary for both the separation of powers and the effectual working of the executive branch. It added that former presidents are not immune regarding unofficial acts. In the election subversion case, the Court concluded that allegations in the indictment related to discussions with Justice Department officials are covered by absolute immunity; most others are protected by presumptive immunity, but the determination of whether they involve official or unofficial acts must be considered by the District Court. The ruling further severely restricts the ability of prosecutors to present evidence. Dissenting justices and many constitutional experts strongly criticised the ruling for placing the president above the law and out of reach of accountability.

Sources: Supreme Court of the United States, Washington Post, Brennan Centre, NPR

On 13 July, former President Donald Trump was targeted and injured in an assassination attempt during a campaign rally held in Pennsylvania. A supporter seated behind Trump was fatally shot and two others were wounded. According to officials, the gunman, who was killed by a Secret Service agent responding to the attack, did not have an evident political leaning or ideology. Although officials did not rule out domestic terrorism, a motive for the assassination attempt has not been disclosed. The attack prompted harsh criticism of the Secret Service, whose director resigned on 23 July, amidst fallout from the security failures at the rally.

Sources: Politico, CNN, The Washington Post

A federal jury in Florida found that Chiquita Brands, a transnational fruit company, is liable for the killings (that took place between 1997 and 2004) of eight people in Colombia at the hands of the paramilitary group United Self-Defense Forces of Colombia (Auto Defensas Unidas de Colombia, AUC), and ordered the payment of damages. The jury considered that, by making payments to AUC, Chiquita had acted contrary to Colombian law and provided substantial assistance that constituted a foreseeable peril to community members. The lawsuit was filed after the company pleaded guilty in 2007 to making payments to the AUC, which was considered a terrorist organization by the United States government. The company has stated it plans to appeal the verdict, and has claimed that payments were necessary at the time to protect its employees.

Sources: NPR, CNN, BBC, Business & Human Rights Resource Centre, Transnational Litigation Blog

President Joe Biden issued an executive order that, starting 5 June, blocks people from making asylum claims at the US-Mexico border, unless arrivals fall below 1,500 a day for a week, and a two-week waiting period has passed; the number of arrivals has not fallen below that level since 2021. The executive order will allow authorities to expedite the deportation of people who cross the border in an irregular way. People will still be able to request an appointment at a legal border crossing through the CBP One app and the limitation does not include unaccompanied minors or victims of trafficking. Advocacy organizations and legal specialists have argued that the asylum ban is contrary to international law, particularly refugee law and international human rights law, as it prejudges claims to asylum as unlawful and places people in serious risk of harm. 

Sources: Reuters, Human Rights Watch, ACLU, Homeland Security

In a case involving a challenge by fishing companies to Department of Commerce regulation, the Supreme Court overruled a 1984 precedent known as the Chevron doctrine, through which courts were to defer to an administrative agency’s reasonable interpretation of a law in cases where Congress’s language led to ambiguity. Instead, the Court’s majority determined that courts should employ their own independent judgment when weighing whether an agency’s actions are considered an overreach or if it is acting according to its statutory authority. It added that although an agency’s interpretation of an ambiguous law may hold informative value, it should not constrain the courts. It further considered Chevron deference to be irreconcilable with the Administrative Procedure Act. The ruling effectively curbs federal agencies’ power to regulate and could lead to numerous legal challenges against the executive agencies that regulate areas such as health and the environment.  

Sources: Supreme Court of the United States, CNN, The New York Times,  Reuters

On 30 May, a New York jury found former president Donald Trump guilty of 34 felony counts of falsifying business records (one count for each falsified document), in a case related to the cover-up of a sex scandal. Trump has become the first former US president to be convicted of a felony. He has stated he will appeal the conviction and has argued he is the target of a political persecution. His sentencing hearing will take place in July.  

Sources: The New York Times, CNN