The House easily passed a bill that would give Donald Trump and future presidents a bludgeon to target and silence dissenting nonprofits on Thursday, in what opponents warned is a step toward allowing the executive branch to wield unchecked, authoritarian power.
H.R. 9495, nicknamed the “nonprofit killer” by critics, passed 219 to 184 with 15 Democrats voting “yes.” The legislation, which civil liberties groups have said could deliver a huge blow to the rights to free speech and dissent across the U.S., now goes to the Senate for consideration.
The bill would give the Treasury Secretary the ability to revoke the tax-exempt status of any nonprofit they deem to be a “terrorist supporting organization” without due process or substantial evidence, effectively dealing most groups a killing blow.
Opponents of the bill have warned that it is the most dangerous piece of supposed “anti-terror” legislation since the PATRIOT Act of 2001.
The bill’s backers have made it clear that the bill is targeted at groups advocating for Palestinian rights, giving presidents the power to even further target Muslim and Arab advocacy groups, which have already long faced repression. Lawmakers voting against it raised alarm that presidential administrations could also use it to crush any other nonprofits it deems fit — especially under Trump, whose avowed goal is to punish his political enemies.
“Authoritarianism is not born overnight. It creeps in,” said Rep. Lloyd Doggett (D-Texas) in a speech on the House floor before the vote. “A tyrant tightens his grip not just by seizing power, but when he demands new powers and those who can stop him willingly cede and bend to his will.”
Constitutional lawyer Rep. Jamie Raskin (D-Maryland) called the bill “a werewolf in sheep’s clothing,” and explained that the bill would give the Treasury Secretary the ability to label a group as terrorist supporting without “any standard of proof.”
Then, he explained, “once this scarlet letter and the infamy of being designated a terrorist-supporting group are firmly affixed on the organization, the stigmatized can finally go to a judge. But, incredibly, the legal burden is explicitly put on them to prove they are not a terrorist-supporting group — completely reversing the burden of due process which properly belongs to the government.”
“A sixth grader would know this is unconstitutional,” Raskin said.
Hundreds of advocacy groups have urged Congress to defeat the bill. On Wednesday, a coalition of over 55 Jewish organizations put out a statement opposing the legislation, while 150 civil society groups, led by the ACLU, signed a letter in September expressing “deep concerns” over the bill’s unconstitutionality and the danger it poses.
The bill had come to a vote last week, after Republicans tried to bypass House processes and pass the bill with a two-thirds majority vote. It failed 256 to 145, with 52 Democrats voting for it. In a renewed bid this week, Republicans rushed the bill through committee, allowing it to pass with a simple majority.
Reportedly, many Democrats voted against the bill last week because of their fears over how it would empower Trump specifically — not necessarily due to the chilling effect it could have on nonprofit newsrooms, civil rights groups, and, especially, Muslim and Arab advocacy groups. Fewer Democrats voted for the bill in this weeks’ vote, though the 15 Democrats who voted for it represent some of the most right-wing Democrats in the chamber.
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