Biden signs executive order on Americans held hostage or wrongfully detained abroad

Biden signs executive order on Americans held hostage or wrongfully detained abroad
Biden signs executive order on Americans held hostage or wrongfully detained abroad
Official White House Photo by Adam Schultz

(WASHINGTON) — President Joe Biden signed an executive order on Tuesday that codifies a 2020 law dealing with Americans held hostage or wrongfully detained abroad.

Drawing on the 2020 Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act, the new executive order will reinforce the U.S. government’s efforts to support families of Americans wrongfully detained or held hostage overseas, according to the White House.

The order will authorize the federal government to impose financial sanctions on those who are involved — directly or indirectly — in wrongful detaining Americans abroad, the White House said. Moreover, government agencies will be directed to improve engagement with those Americans’ families, including sharing intelligence information about their loved ones and the government’s efforts to free them. The order will also charge experts across agencies with developing “options and strategies to deter future hostage-takings,” the White House said.

A senior Biden administration official told reporters that new sanctions will not be announced on Tuesday.

In addition to the executive order, Biden will introduce a new “risk indicator” — “the ‘D’ indicator” — to the U.S. Department of State’s travel advisories for particular countries to alert Americans of the risk of wrongful detention by a foreign government, according to the White House.

Starting Tuesday, the first countries to receive this additional risk indicator will be China, Iran, Myanmar, North Korea, Russia and Venezuela, another senior administration official told reporters. The “D” indicator joins the existing “K” indicator that covers the risk of kidnapping and hostage-taking by non-state actors, as well as a range of other existing risk indicators.

China’s “D” risk designation may spark ire in Beijing, where Chinese officials have largely tried to avoid the subject of wrongful detentions and where Western sanctions are a constant trigger.

Experts estimate that roughly 200 Americans are arbitrarily jailed in China, and that even more are subject to unlawful “exit bans,” barring them from leaving the country. Some advocates have pushed for the Biden administration to take a more vocal approach to secure their freedom, rather than the standard behind-the-scenes diplomacy. But the State Department has recently tried a similar strategy — updating their official advisory to American and instructing them to reconsider travel plans to China due to “arbitrary enforcement of local laws.”

Syria, with which the United States does not currently have formal diplomatic relations, will be notably excluded from the “D” risk designation on Tuesday. U.S. officials believe that while the Syrian government may not be currently holding American journalist Austin Tice in its custody, it could have valuable information on his whereabouts and perhaps those of other missing Americans. Tice, 40, was abducted in Syria nearly 10 years ago.

The White House recently held a telephone call for the relatives of detained Americans to share information with them about these new announcements. Some of them are in Washington, D.C., this week for the unveiling of a public mural depicting their loved ones, according to Jonathan Franks, a spokesperson for many of the families.

The mural in Washington’s Georgetown neighborhood will depict the faces of 18 American hostages and wrongful detainees, according to Franks, who represents a group called the Bring Our Families Home Campaign. Among those featured will be American basketball star Brittney Griner, 31, and former U.S. Marine Paul Whelan, 52, both of whom remain detained in Russia, as well as U.S. permanent resident Paul Rusesabagina, 68, who inspired the acclaimed 2004 film “Hotel Rwanda” and was sentenced last September to 25 years in Rwandan prison over terrorism charges.

Franks accused U.S. officials of ignoring these relatives’ requests to meet with Biden, and said the phone call the White House held with the relatives was a “one-way conversation with families.” He said the Biden administration was rolling out these new steps in order to “pre-manage the press attention from many hostage families being in D.C. this week to unveil their mural,” saying the White House was “taking executive action to direct itself to follow existing law.”

A spokesperson for the White House told ABC News that it had invited the families to learn about the new announcements before they were announced publicly.

“As part of our regular communication with families of those who are held hostage or wrongfully detained, we invited them to hear about new policy efforts we are launching to help bring their loved ones home,” the spokesperson said. “We wanted to share information with the families first before we announce them publicly, which the families deserve.”

The spokesperson added that the Biden administration would “continue to be in regular touch with these families through the Special Presidential Envoy for Hostage Affairs, Hostage Recovery Fusion Cell, and the president’s national security team as we do everything we can to support them during these difficult times.”

Whelan’s brother, David Whelan, told ABC News the executive order was “a good next step and shows a long-term commitment by the Biden administration, both in the amount of time it must have taken to craft the framework … and the focus on continued deterrence.”

He said the White House holding the call with families in advance of the public announcement “was exactly what families had been asking for: communication in advance of new announcements that would impact our families.”

According to the James W. Foley Legacy Foundation, there are actually 64 publicly known cases of Americans being held hostage or wrongfully detained around the world.

ABC News’ Cindy Smith contributed to this report.

Copyright © 2022, ABC Audio. All rights reserved.

Secret Service will say no new Jan. 6 texts found after records were deleted; investigation requested

Secret Service will say no new Jan. 6 texts found after records were deleted; investigation requested
Secret Service will say no new Jan. 6 texts found after records were deleted; investigation requested
400tmax/Getty Images, FILE

(WASHINGTON) — The Secret Service is preparing to notify the House Jan. 6 committee that it has found no new text messages related to the Capitol riot, a source says — the same day the National Archives and Records Administration (NARA) sent a letter requesting the agency investigate the deletion of some its records from Jan. 6, 2021, which drew the scrutiny of an internal watchdog.

The Secret Service’s plans were confirmed to ABC News on Tuesday by a source familiar with the matter.

A Secret Service spokesman last week acknowledged that text messages from Jan. 5 and Jan. 6, 2021, were deleted after being sought by the Department of Homeland Security Office of Inspector General.

A letter sent Wednesday by the inspector general to the heads of the House and Senate Homeland Security Committees said the messages were deleted “as part of a device-replacement program” despite the inspector general requesting such communications.

The director of communications for the Secret Service, Anthony Guglielmi, subsequently dismissed any “insinuation” the agents had intentionally deleted the texts.

The Jan. 6 committee subpoenaed the Secret Service on Friday — its first such order to an executive agency.

Rep. Zoe Lofgren, a member of the Jan. 6 committee, said on ABC’s “This Week” on Sunday that the panel expected more information about the Secret Service texts by Tuesday.

“We need all of the texts from the fifth and sixth of January. I was shocked to hear that they didn’t back up their data before they reset their iPhones. That’s crazy, and I don’t know why that would be,” Lofgren, D-Calif., said then. “But we need to get this information to get the full picture.”

In its letter on Tuesday, the NARA wrote that “if it is determined that any text messages have been improperly deleted” — “regardless of their relevance” to Jan. 6 investigations — “then the Secret Service must send NARA a report within 30 calendar days of the date of this letter with a report documenting the deletion.”

“This report must include a complete description of the records affected, a statement of the exact circumstances surrounding the deletion of messages, a statement of the safeguards established to prevent further loss of documentation, and details of all agency actions taken to salvage, retrieve, or reconstruct the records,” NARA wrote.

The Secret Service — which has faced fresh controversy over its conduct amid the insurrection and then-President Donald Trump’s behavior that day — has repeatedly said it is readily cooperating with both the inspector general and the Jan. 6 committee.

“Over the last 18 months, we have voluntarily provided dozens of hours of formal testimony from special agents and over 790,000 unredacted emails, radio transmissions, operational and planning records,” spokesman Guglielmi said Friday. “We plan to continue that cooperation by responding swiftly to the Committee’s subpoena.”

Copyright © 2022, ABC Audio. All rights reserved.

Jan. 6 committee chair Bennie Thompson tests positive for COVID-19

Jan. 6 committee chair Bennie Thompson tests positive for COVID-19
Jan. 6 committee chair Bennie Thompson tests positive for COVID-19
SAUL LOEB/AFP via Getty Images

(WASHINGTON) — Rep. Bennie Thompson, the chairman of the House select committee investigating the Jan. 6, 2021 attack on the U.S. Capitol, announced Tuesday he has COVID-19 two days ahead of a prime-time hearing Thursday.

“I tested positive for COVID-19 yesterday, and I am experiencing mild symptoms,” Thompson said in a statement. “Gratefully, I am fully vaccinated and boosted. I am continuing to follow CDC guidelines and will be isolating for the next several days.”

Despite Thompson’s diagnosis, the committee’s next hearing later this week will go on as planned.

“While Chairman Thompson is disappointed with his COVID diagnosis, he has instructed the Select Committee to proceed with Thursday evening’s hearing,” a spokesperson for the committee said in a statement. “Committee members and staff wish the Chairman a speedy recovery.”

Thursday’s hearing will focus on former President Donald Trump’s response to the attack, zeroing in on the 187 minutes between his speech at the Ellipse and his statement later that day telling rioters to go home.

Rep. Elaine Luria, D-Va., told “GMA 3” last week that evidence shows Trump wasn’t emphatic in his call to the rioters to stop the violence.

Luria will be leading the hearing along with Republican Rep. Adam Kinzinger.

“Mr. Kinzinger and I plan to go through that 187 minutes. What happened between the time that [Trump] left the stage, gave these inflammatory remarks and gave people the impression … that he was going to himself march with this crowd to the Capitol,” Luria said.

“[And] what happened between that moment and then around 4:17 in the afternoon, which is about 187 minutes later, when he finally made a statement to the nation, to the people at the Capitol to go home,” she added.

Cassidy Hutchinson, a top aide to former chief of staff Mark Meadows, previously testified that Trump was not empathetic to the violent language targeting his vice president during the riot — including calls to “hang Mike Pence.”

Two more aides in Trump’s White House are expected to testify before the panel, sources familiar with the matter confirmed to ABC News.

Former deputy White House press secretary Sarah Matthews and Matthew Pottinger, a member of the National Security Council during the Trump administration, are slated to speak Thursday. Both officials resigned from their posts on Jan. 6, 2021.

Thompson, a Mississippi Democrat, has opened each of the seven public hearings the committee has held since early June.

In his statement Tuesday, Thompson encouraged Americans to get vaccinated.

“The pandemic has impacted our lives, changed the way we work, and affected our daily activities,” he said. “Vaccinations are crucial to humanity. The message to unvaccinated Americans is to protect yourself from infectious diseases by getting vaccinated. We must continue to do our part.”

Copyright © 2022, ABC Audio. All rights reserved.

Biden to sign executive order on Americans held hostage or wrongfully detained abroad

Biden signs executive order on Americans held hostage or wrongfully detained abroad
Biden signs executive order on Americans held hostage or wrongfully detained abroad
Official White House Photo by Adam Schultz

(WASHINGTON) — President Joe Biden will sign an executive order on Tuesday that codifies a 2020 law dealing with Americans held hostage or wrongfully detained abroad.

Drawing on the 2020 Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act, the new executive order will reinforce the U.S. government’s efforts to support families of Americans wrongfully detained or held hostage overseas, according to the White House.

The order will authorize the federal government to impose financial sanctions on those who are involved — directly or indirectly — in wrongful detaining Americans abroad, the White House said. Moreover, government agencies will be directed to improve engagement with those Americans’ families, including sharing intelligence information about their loved ones and the government’s efforts to free them. The order will also charge experts across agencies with developing “options and strategies to deter future hostage-takings,” the White House said.

A senior Biden administration official told reporters that new sanctions will not be announced on Tuesday.

In addition to the executive order, Biden will introduce a new “risk indicator” — “the ‘D’ indicator” — to the U.S. Department of State’s travel advisories for particular countries to alert Americans of the risk of wrongful detention by a foreign government, according to the White House.

Starting Tuesday, the first countries to receive this additional risk indicator will be China, Iran, Myanmar, North Korea, Russia and Venezuela, another senior administration official told reporters. The “D” indicator joins the existing “K” indicator that covers the risk of kidnapping and hostage-taking by non-state actors, as well as a range of other existing risk indicators.

China’s “D” risk designation may spark ire in Beijing, where Chinese officials have largely tried to avoid the subject of wrongful detentions and where Western sanctions are a constant trigger.

Experts estimate that roughly 200 Americans are arbitrarily jailed in China, and that even more are subject to unlawful “exit bans,” barring them from leaving the country. Some advocates have pushed for the Biden administration to take a more vocal approach to secure their freedom, rather than the standard behind-the-scenes diplomacy. But the State Department has recently tried a similar strategy — updating their official advisory to American and instructing them to reconsider travel plans to China due to “arbitrary enforcement of local laws.”

Syria, with which the United States does not currently have formal diplomatic relations, will be notably excluded from the “D” risk designation on Tuesday. U.S. officials believe that while the Syrian government may not be currently holding American journalist Austin Tice in its custody, it could have valuable information on his whereabouts and perhaps those of other missing Americans. Tice, 40, was abducted in Syria nearly 10 years ago.

The White House recently held a telephone call for the relatives of detained Americans to share information with them about these new announcements. Some of them are in Washington, D.C., this week for the unveiling of a mural depicting their loved ones, according to a spokesperson for many of the families, Jonathan Franks.

Franks, who represents a group called the Bring Our Families Home Campaign, accused U.S. officials of holding a “one-way conversation with families” and ignoring their requests to meet with Biden.

The public mural in Washington’s Georgetown neighborhood will depict the faces of 18 American hostages and wrongful detainees, according to Franks. Among those featured will be American basketball star Brittney Griner, 31, and former U.S. Marine Paul Whelan, 52, both of whom remain detained in Russia, as well as U.S. permanent resident Paul Rusesabagina, 68, who inspired the acclaimed 2004 film Hotel Rwanda and was sentenced last September to 25 years in Rwandan prison over terrorism charges.

Franks accused the White House of rolling out these new steps in order to “pre-manage the press attention from many hostage families being in D.C. this week to unveil their mural,” saying “the White House is taking executive action to direct itself to follow existing law.”

The White House declined to comment in response to Franks.

According to the James W. Foley Legacy Foundation, there are actually 64 publicly known cases of Americans being held hostage or wrongfully detained around the world.

Copyright © 2022, ABC Audio. All rights reserved.

Maryland’s gubernatorial primary highlights Trump and Hogan’s proxy battle

Maryland’s gubernatorial primary highlights Trump and Hogan’s proxy battle
Maryland’s gubernatorial primary highlights Trump and Hogan’s proxy battle
adamkaz/Getty Images

(WASHINGTON) — With Tuesday’s primary, a contentious race to succeed Maryland’s term-limited Gov. Larry Hogan is about to enter its next phase as Republicans seek to hold the seat of a popular incumbent while Democrats work to retake the governorship — in part by trying to influence the contest to get the GOP nod.

The front-runners in the Republican gubernatorial primary are state Del. Dan Cox, an attorney endorsed by former President Donald Trump, and former state Commerce Secretary Kelly Schulz, who was endorsed by Hogan.

The contest is something of a proxy battle between Trump and Hogan (a possible 2024 presidential contender and a major voice in the GOP’s anti-Trump minority) and their contrasting visions for their party’s success in Maryland.

Schulz could become the state’s first female governor. She has focused her campaign on issues such as the economy, education and creating a safer community, and she has leaned on her endorsement from Hogan — who is widely popular in the state — and her work in his Cabinet.

After the overturning of Roe v. Wade, Schulz said that she would not change Maryland law, which allows for abortion, but reaffirmed that she was personally opposed.

Her current stance on abortion is much different than the one she held in 2011, when she sponsored the “Maryland Personhood Amendment,” which would have allowed voters to decide to amend the state’s constitution to give rights to people “from the beginning of their biological development.” That amendment failed in the state’s Democratic legislature.

Cox says he is “running to restore freedom” and has focused in part on education, saying he supports parental rights in schools, opposes critical race theory (though that academic framework is not widely taught outside of universities) and has supported legislation against teaching gender identity in kindergarten through third-grade classrooms.

Cox opposes abortion without exception and he tried to sue Hogan over the state’s COVID-19 restrictions.

His record has been spotlighted by Democratic advertising during the primary — a tactic that Hogan criticized, arguing it was an attempt to boost Cox in the eyes of conservatives even though he may be weaker in the general election.

Cox called then-Vice President Mike Pence a “traitor” in a since-removed tweet after Pence certified the 2020 election results. In another deleted tweet, Cox also said he was arranging two buses to drive constituents to Trump’s Jan. 6, 2021, appearance near the White House shortly before a pro-Trump mob stormed the U.S. Capitol. (Cox said he wasn’t at the Capitol.)

In the Democratic gubernatorial primary, three leading candidates have emerged: former Democratic National Committee Chair Tom Perez, state Comptroller Peter Franchot and Wes Moore, an author and former nonprofit CEO who held a virtual fundraiser with Oprah Winfrey.

Another race drawing notice is the Republican primary for Maryland’s 6th Congressional District. Currently held by Democrat David Trone, several GOP contenders are fighting for the chance to go against him in November.

State Rep. Neil Parrot, who lost to Trone in 2020, is hoping for a rematch in November. However, the race could be shaken up by 25-year-old Matthew Foldi, a newcomer who has received a string of notable endorsements including from Hogan as well as House Minority Leader Kevin McCarthy, the No. 3 House Republican, Elise Stefanik, Donald Trump Jr. and others.

Copyright © 2022, ABC Audio. All rights reserved.

2 more Trump aides testifying for Jan. 6 committee: Ex-spokeswoman, NSC member will appear Thursday

2 more Trump aides testifying for Jan. 6 committee: Ex-spokeswoman, NSC member will appear Thursday
2 more Trump aides testifying for Jan. 6 committee: Ex-spokeswoman, NSC member will appear Thursday
Sarah Silbiger-Pool/Getty Images

(WASHINGTON) — Two more aides in Donald Trump’s White House are expected to testify before the House Jan. 6 committee during its public hearings, sources say — this time an ex-spokeswoman for the former president as well as one of his previous security advisers.

Former deputy White House press secretary Sarah Matthews and Matthew Pottinger, a member of the National Security Council during the Trump administration, are slated to speak at the committee’s hearing on Thursday, sources familiar with the matter confirmed to ABC News.

Their planned appearances were previously reported by CNN.

Both Matthews and Pottinger resigned from their positions in the White House on Jan. 6, 2021, in the wake of the Capitol rioting by a pro-Trump mob.

Neither a committee spokesperson nor representatives for Matthews or Pottinger responded to ABC News.

Numerous other Trump advisers and aides have already spoken with the committee either in recorded closed-door depositions or the public sessions. Those include his daughter and son-in-law, Ivanka Trump and Jared Kushner; his White House counsel Pat Cipollone; his former Attorney General Bill Barr and more.

Committee members have said Thursday’s hearing — the eighth of the latest sessions held by the panel since June, following a year-long investigation — will focus on the Trump White House’s reaction to the insurrection as it unfolded.

“You will hear that Trump never picked up the phone that day to order his administration to help,” Vice Chair Liz Cheney, R-Wyo., said last week. “This is not ambiguous. He did not call the military. The secretary of defense received no order. He did not call his attorney general. He did not talk to the Department of Homeland Security. [Vice President] Mike Pence did all of those things.”

Rep. Elaine Luria, a member of the committee who will be co-leading Thursday’s hearing, told “GMA 3” last week that the plan was to “go through that 187 minutes” — the gap, as the committee describes it, between when Trump incensed his supporters at a speech near the White House on Jan. 6 and later sent public statements trying to tamp down the rioting.

Luria, a Virginia Democrat and Navy veteran who will be leading the hearing with Rep. Adam Kinzinger R-Ill., told “GMA 3” that Americans can expect the most detailed timeline of the riot.

“Mr. Kinzinger and I plan to go through that 187 minutes. What happened between the time that [former President Trump] left the stage, gave these inflammatory remarks and gave people the impression … that he was going to himself march with this crowd to the Capitol,” Luria said.

This week’s hearing is expected to be “the last one at this point,” the committee chair, Mississippi Democrat Bennie Thompson, said last week. He said Monday that more hearings will be held once the committee is prepared to present its report later in the year.

Trump has denied wrongdoing and has repeatedly assailed the committee as one-sided and politically motivated.

ABC News’ Mariam Khan and Ivan Pereira contributed to this report.

Copyright © 2022, ABC Audio. All rights reserved.

In a post-Roe world, Democrats want to protect digital health data from abortion punishments

In a post-Roe world, Democrats want to protect digital health data from abortion punishments
In a post-Roe world, Democrats want to protect digital health data from abortion punishments
ANDREY DENISYUK/Getty Images

(WASHINGTON) — Among the priorities for congressional Democrats after the demise of Roe v. Wade are bills to protect someone’s digital health data from being subpoenaed for civil and criminal court cases as a dozen states — and counting — impose widespread restrictions and even bans on abortion.

Under consideration, according to a “Dear Colleague” letter sent on June 27 by House Speaker Nancy Pelosi, is a proposal that would shield “women’s most intimate and personal data stored in reproductive health apps,” which may contain information that “could be used against women by a sinister prosecutor in a state that criminalizes abortion.”

Privacy experts told ABC News that the concern — as seen, for example, in viral social media warnings to delete your period-tracking apps – isn’t unfounded in a post-Roe digital age, where states have discretion to regulate or restrict abortion and to consider prosecuting violators.

“A user can log a lot of information in health apps, not just the day you start your period,” said Korica Simon, an associate at the Center on Privacy and Technology at Georgetown Law. “It tracks when you last had sex, what your mood was, what symptoms you felt and your alcohol consumption levels. This is all information that law enforcement could be interested in when building a case against someone charged with a crime related to abortion.”

“It’s important to note, though, that as of yet we haven’t seen a case where law enforcement has been using these apps to go after people,” Simon said. “What authorities are mostly relying on is Google searches, internet history, online communication, text messages, online transactions and location data. All of this information can be found in people’s phones. Research shows that Big Tech usually handed over this information without a fight.”

Both leading advocates for overturning Roe and, conversely, local prosecutors who support abortion access — such as South Dakota’s Republican Gov. Kristi Noem and DeKalb County District Attorney Sherry Boston in Georgia, where a reinstated law bans abortions after the detection of embryonic cardiac activity — have said they do not want to prosecute women who seek abortions.

Still, some women have been prosecuted in recent years — including what a Washington Post report described as a “a handful [of cases] in which American prosecutors have used text messages and online research as evidence.”

Among these is the case of Mississippi resident Latice Fisher.

According to news reports and court documents reviewed by ABC, Fisher was initially indicted for second-degree murder after her husband called 911 in April 2017 to say she had given birth at their home. Prosecutors said in court papers that Fisher told an EMT she didn’t know she was pregnant — but soon reversed herself, telling a nurse at the hospital she had known she was pregnant for weeks.

However, according to prosecutors, Fisher also told the nurse she didn’t realize she was about to give birth.

Prosecutors told the court she had searched online for “abortion pills” and the medical examiner ruled that the baby was alive when it was born, rather than a stillbirth, and died of asphyxiation, likely “positional asphyxia and mechanical asphyxia” related to the manner of birth.

However, there was reportedly no evidence Fisher took any medication, and the “float test” the medical examiner used to determine it wasn’t a stillbirth can also produce false positives. Prosecutors decided to dismiss Fisher’s charge — saying the first grand jury “did not have access to complete information about the medical evidence in this case.”

They re-presented her case to a second grand jury, which did not indict her.

Beyond criminal charges, there are potential civil liabilities when a pregnancy ends.

Texas passed a novel law in 2021 that empowers residents to sue anyone they suspect of being connected to an illegal abortion to seek monetary — rather than criminal — penalties. Plaintiffs are entitled to at least $10,000 in a successful suit. Notably, the Texas law prohibits the plaintiff from bringing suit against the person undergoing the abortion.

In May, Oklahoma Gov. Kevin Stitt signed a law that criminalizes abortion after fertilization — one of the strictest bans in the country. Like Texas’ law, the statute relies on civilian enforcement and rewards at least $10,000 in damages to residents who successfully sue people involved in illegal abortions.

Such complaints would also enable plaintiffs to try and subpoena digital health care information about the defendants.

Big Tech, hardly a passive observer in data collection, constructed privacy barriers in response to Supreme Court’s decision reversing Roe. Jen Fitzpatrick, the senior vice president for Google Core Systems & Experiences, recently announced that Google would delete entries involving visits to medical clinics, including abortion clinics and domestic violence shelters, from their location history systems “soon after” a Google user visits.

However, not all major companies behave similarly.

The Markup and Reveal from the Center for Investigative Reporting found that Facebook was collecting personal data from people who visited “crisis pregnancy centers,” which abortion access advocates describe as thinly veiled anti-abortion rights clinics that work to dissuade visitors from receiving abortion services. The data on visits to the clinics could potentially be used to support anti-abortion rights campaigns — or, after Roe, used against abortion seekers in states where the procedure is now illegal.

Meta — Facebook’s parent company — declined to comment on the record about its data filtration system. But its privacy policy prohibits businesses from using their tools for certain types of sensitive information, including sensitive health information, which includes sexual and reproductive health and medical procedures, treatments and testing.

According to their website, if Meta’s filtering mechanism detects information that could be sensitive, health-related data, the filtering mechanism is “designed to prevent that data from being ingested into our ads ranking and optimization systems.”

Reproductive health care apps have had their share of legal troubles related to data privacy. In 2021, the Federal Trade Commission (FTC) settled with popular fertility app Flo after allegations that the company had shared user data with third-party data brokers, including Google and Meta. Flo denied any wrongdoing and said at the time it does not share users’ health information without their consent.

Democratic lawmakers detail plans for data post-Roe

Skeptical of the changes made to shield intimate user data from law enforcement, three members of Congress up for reelection in November have asked technology companies about what health and location data can be accessed by data brokers — and how to prevent intimate information from being shared to prosecute people who seek to end their pregnancies.

Rep. Sara Jacobs, D-Calif., who is running to represent the state’s 51st Congressional District, warned that app users may not have their data searched solely by law enforcement. Even if Google clears location history data, Jacobs said she suspects that seemingly-menial “search data” could be used in lawsuits “to suggest whether someone has had or is seeking to have an abortion.”

“This risk is most elevated in the thirteen states with ‘trigger laws’ … as well as other states that are likely to ban and criminalize abortions very soon,” Jacobs said in a statement to ABC News.

Referring to Texas’ example, enabling private lawsuits as punishment for abortions, Jacobs said: “If some states enact bounty laws that provide financial rewards for bringing suits against people that have abortions, like the one already enacted in Texas, this will further elevate the risk–and put those accessing reproductive health care in significant danger.”

In Jacobs’ home state, voters will have the opportunity to amend their constitution to add the right to abortion access. Gov. Gavin Newsom recently signed an executive order to protect people who seek abortions from other states. Jacobs plans to continue introducing similar measures, featuring reproductive health care as a centerpiece issue in her election campaign.

Most recently, she introduced to the House the My Body, My Data Act, which would limit how much sexual health data a company could disclose or collect without the express consent of the user in question. The bill has since been relayed to the House Energy and Commerce Committee. An identical bill was introduced to the Senate by Mazie Hirono, D-Hawaii, but shows unlikely prospects of passage due to GOP opposition.

Similar measures have been cosponsored in the Senate by Democrats Patty Murray of Washington and Ron Wyden of Oregon. Supporting Sen. Elizabeth Warren, D-Mass., the two helped introduce the Health and Location Data Protection Act, which would ban brokers from selling health- and location-related information collected from app data. If passed into law, the FTC would receive $1 billion to “ensure robust enforcement of the bill’s provisions.”

Warren and Wyden, along with Jacobs in the House and Democratic Sen. Cory Booker, of New Jersey, also signed a letter to the FTC on June 24 asking the commission to investigate how Apple and Google have collected and used mobile phone users’ digital information. The letter accused data brokers of “already selling, licensing and sharing the location information of people that visit abortion providers to anyone with a credit card.”

“Selling people’s most sensitive data to turn a profit isn’t just wrong—it’s dangerous, and risks Americans’ safety as they seek the care they need,” Murray, the Senate’s third-ranking Democrat, said in a statement.

Murray last week also chaired a Health, Education, Labor, and Pensions Committee hearing “to make crystal clear how [the Roe reversal] will harm patients, providers, and communities across the country—and what is at stake in November.” At the hearing, she pushed back against a call for a nationwide abortion ban, which is supported by some conservatives, and the possible surveillance of people traveling to other states for abortion services: “Health care providers aren’t sure when or even if they will be able to treat ectopic patients without being sent to prison.”

Separately, Murray called for a vote urging passage on the Freedom to Travel for Health Care Act, which would protect a person’s ability to travel across state lines to receive an abortion, as well as protect the medical providers who offer the procedure. That bill was blocked by Sen. James Lankford, R-Okla., who urged colleagues to consider the life of what he described as unborn babies.

“This move shows that [the Senate GOP] stand with extreme politicians trying to hold women captive in their own states rather than defending the right to travel within our country,” Murray said.

Copyright © 2022, ABC Audio. All rights reserved.

Trump, Pence to host dueling campaign events in Arizona governor’s race

Trump, Pence to host dueling campaign events in Arizona governor’s race
Trump, Pence to host dueling campaign events in Arizona governor’s race
Siavosh Hosseini/SOPA Images/LightRocket via Getty Images

(WASHINGTON) — In a dramatic midterm split-screen, former President Donald Trump and his former Vice President Mike Pence will hold dueling campaign events this weekend in Arizona as Trump seeks revenge in the battleground he narrowly lost to President Joe Biden, a state that served as ground zero to perpetuate his “big lie.”

Pence’s endorsement Monday of Karrin Taylor Robson, a wealthy GOP donor and former member of the Arizona Board of Regents, over Kari Lake, a former Fox 10 Phoenix anchor whom Trump endorsed last fall, marks the latest break between the two leaders, both with 2024 aspirations, who were close the entirety of their administration — until Pence wouldn’t submit to Trump’s pressure campaign to intervene to overturn the 2020 election.

In his statement, Pence called Robson “the best choice for Arizona’s future” and candidate to “promote conservative values,” mirroring language from Republican Gov. Doug Ducey, term-limited to run again, supporting Robson one day after early voting started. Ducey has called Robson “the real conservative” in the race.

While it’s unclear if Ducey will join him, Pence is expected to hold at least one event for Robson on Friday, while Trump rallies for his candidates in Prescott. The details of Pence’s plans are still being worked out, a source familiar told ABC News.

A slate of Trump endorsees who espouse his false claim that the 2020 election was stolen, without evidence, are running for statewide offices in charge of overseeing and certifying elections in the state, raising concerns about election integrity within the Republican Party — the very issue those Trump-backed candidates claim to be running on. The former president’s rally with them, rescheduled from last Saturday due to the death of his ex-wife, Ivana Trump, now comes one day after the House select committee investigating the Capitol attack will hold a prime-time hearing to lay out the timeline of Trump’s actions on Jan. 6.

“This is a battle for the soul of the Republican Party in Arizona,” Barrett Marson, a GOP strategist in Arizona, told ABC News on Monday.

But he offered a caveat to Trump and Pence coming to town just 10 days before the primary election on Aug. 2.

“The thing to really note in Arizona is that we are early voters, and so the impact of both the Trump and Pence endorsements are a bit muted,” he said.

As of last Friday, 253,000 ballots have been returned early in the state with about 26,500 more votes in the Democratic primary than the Republican, according to Uplift Data, which pulls reporting from the Arizona Democratic Party Voter File and Arizona County recorders.

What has made a difference in Arizona’s gubernatorial race is State Rep. Matt Salmon dropping out of the race in June, a week before early voting began in an apparent effort to consolidate votes around Robson. Salmon has criticized Lake for a handful of hypocrisy scandals, such as having donated in the past to Democratic candidates in the past. Since he left the race, Robson has seen a boost in polling, though Lake still holds a narrow lead.

Back in May, in their first major collision of the 2022 midterm cycle, the former vice president last held a rally counter to Trump ahead of Georgia’s gubernatorial primary, breaking from Trump to stump for incumbent Republican Gov. Brian Kemp. Kemp beat David Perdue, the former senator Trump recruited, and soared to victory without a runoff — dealing a blow to Trump’s endorsement power which will be tested again in Arizona in two weeks.

The ongoing endorsements highlight the midterm divide between Trump and the Republican Party.

Pence’s endorsement of Robson on Monday follows endorsements from former Republican Gov. Chris Christie of Arizona, an ABC News Contributor, as well as Arkansas Gov. Asa Hutchinson, who, with presidential aspirations of his own, has said he does not think Trump should be the Republican nominee in 2024.

Ducey, also under Trump’s ire since certifying Biden’s victory (and infamously sending Trump to voicemail while doing it), has come out swinging against Lake, casting her campaign as “all an act” and using the nickname “Fake Lake.”

“She’s been putting on a show for some time now, and we’ll see if the voters of Arizona by it,” Ducey said on CNN’s “State of the Union” Sunday. “Kari Lake’s misleading voters with no evidence.”

As chair of the Republican Governors Association, Ducey refused to say whether the RGA would support Lake in the general election if she wins the primary on Aug. 2, though the organization historically does not get involved in open primary races.

“We’re on offense, but we don’t support lost causes,” he said, adding that he doesn’t classify any Republican candidates in the “lost cause” category yet.

Nicole DeMont, campaign manager to current Secretary of State Katie Hobbs, the likely Democratic nominee for governor, in a statement to ABC News on Monday reacting to Pence’s endorsement, referred to their potential opponents as “Lobbyist Karrin Taylor Robson” and “MAGA Kari Lake,” who she said “are focused on their primary race to the bottom,” while Hobbs “is working to bring Arizonans together to solve our biggest challenges,” such as inflation, securing abortion access and public education.

The apparent schism in the GOP is not limited to races for governor.

In Arizona’s secretary of state race, Ducey, again, broke from Trump last week with his endorsement of advertising executive Beau Lane against Trump’s pick, State Rep. Mark Finchem, calling Lane someone who “can’t be bullied.”

As opposed to other GOP candidates, including Finchem, State Sen. Michelle Ugenti Rita and State Rep. Shawnna Bolick, Lane does not subscribe to the belief that the 2020 election was stolen and has said he’s pleased to have Ducey’s support.

Finchem, on the other hand, was in Washington on Jan. 6, though he says he did not enter the Capitol, and was among 30 GOP lawmakers in Arizona who signed a joint resolution calling on Congress to accept an “alternate” slate of electoral votes for Trump.The House select committee investigating the Capitol attack issued Finchem a subpoena earlier this year for “information about efforts to send false slates of electors to Washington and change the outcome of the 2020 election.”

The far-right lawmaker has repeatedly touted Trump’s endorsement since last year and recently boasted on Twitter that he’s the candidate “NOT” endorsed by Ducey, as Trump-backed candidates seek to distance themselves from those not in Trump’s good graces. He and Lake have laid the groundwork to call their primary races “rigged” if they do not win.

Marson, who lives in Phoenix and is voting for Robson, warned that if Lake does win the primary, Republicans will have a harder time in the general election against Hobbs.

“Kari Lake embodies the Trump experience. Famous on TV, a former liberal who became a conservative overnight and energized the far-right base of the Republican Party. She has taken the Trump playbook and tried to replicate what Trump did nationally in Arizona — but Trump lost 2020 in Arizona,” he said. “Lake trying to replicate that isn’t a winning strategy. Maybe it is for the primary — we’ll find that out in two weeks — but it is definitely not a winning strategy for the general election.”

ABC News’ Brittany Shepherd contributed to this report.

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Manchin shrugs off Sanders’ climate rebuke as Dems make peace with health care-only bill

Manchin shrugs off Sanders’ climate rebuke as Dems make peace with health care-only bill
Manchin shrugs off Sanders’ climate rebuke as Dems make peace with health care-only bill
Tom Williams-Pool/Getty Images, FILE

(WASHINGTON) — With Joe Manchin’s stamp of approval in the closely divided Senate, President Joe Biden and Democratic Party leaders are ready for the chamber to move forward before the next recess on a slimmed-down spending bill that focuses on health care. But not all Senate Democrats feel the same.

One day after Sen. Bernie Sanders, I-Vt., castigated West Virginia’s Sen. Manchin for rejecting the Democratic package on climate and taxes — saying he was sabotaging “future generations” — Senate Finance Committee Chair Ron Wyden said he wants to keep a path open for adding climate policies into the upcoming reconciliation package, including those put on ice by Manchin.

“Conversations on clean energy must continue to preserve our options to move forward,” Wyden, of Oregon, said in a statement on Monday. “While I strongly support additional executive action by President Biden, we know a flood of Republican lawsuits will follow. Legislation continues to be the best option here. The climate crisis is the issue of our time and we should keep our options open.”

Wyden stopped short of threatening to revoke support for a health care-only bill and no other Senate Democrat appears to have drawn such a red line. But progress requires consensus in the 50-50 chamber, given GOP opposition: Democrats intend to pass their reconciliation bill using a fast-track budget tool that needs only a simple majority.

Manchin has agreed to allow Medicare to negotiate prescription drug prices, potentially saving the federal government $288 billion and bringing down costs for seniors, in addition to a two-year extension of pandemic-era premium subsidies for lower-income Americans enrolled in the Affordable Care Act.

But, citing concerns about historically high inflation, Manchin last week pumped the breaks on climate proposals in the Democratic legislation. He said then that he needed to see July’s inflation data before he could determine how to proceed on the climate component.

As for Sanders’ criticism that he was “intentionally sabotaging the president’s agenda,” Manchin was asked Monday to respond and said: “I’ve been at this a long time. People say things some times they might not mean, and I don’t take it personally.”

Democratic Whip Dick Durbin, of Illinois, said Monday that he can “live with” moving forward on a bill focused only on health care if that’s the best that Majority Leader Chuck Schumer, of New York, can achieve in discussions with Manchin.

“My major frustration is I think Joe should have made his position clear a hell of a long time ago,” Durbin said, echoing Sanders’ criticism Sunday that “the problem was that we continue to talk to Manchin like he was serious. He was not.”

“If they do prescription drugs, give them credit, that’s a good issue,” Durbin said Monday. “But we’ve spent a lot of time wasted in negotiation.”

Other Democrats also signaled Monday that they’re prepared to swallow a package that excludes climate and spending.

“We have a 50-50 Senate. It is what it is,” Sen. Mazie Hirono of Hawaii said. “Any improvement to me is something to be considered.”

It’s unlikely Republicans would pick up the slack for Democratic defectors. In floor remarks Monday, Republican Minority Leader Mitch McConnell called the health care-focused plan “reckless.”

“Washington Democrats are working right now to find a way to put more bureaucracy between American patients and the treatments they rely on. They want to put socialist price controls between American innovators and new cures for debilitating diseases,”  McConnell said Monday. “With one-party Democratic control of government they just might get away with it, but our colleagues need to think again.”

Manchin: ‘I haven’t walked away’

Manchin, in conversation with reporters on Monday, insisted he was continuing to negotiate on climate and other provisions. He was firm on waiting for the July inflation numbers before proceeding.  

“I haven’t walked away from anything, and inflation is my greatest concern,” he said. “I don’t know what tomorrow brings.”

But Democrats are running out of time and know that after the monthlong August recess they must return with a focus on funding the government by Oct. 1, nearly always a fraught process. November’s midterm elections come soon after that.

And with both health care premiums in many states set in August and pandemic-era ACA subsidies set to expire by year’s end, Democrats could be facing angry voters if costs skyrocket — amid the pain of inflation — ahead of the midterms where control of Congress is at stake.

On Friday, Biden backed moving forward with a health care bill while promising executive action on climate.

“After decades of fierce opposition from powerful special interests, Democrats have come together, beaten back the pharmaceutical industry and are prepared to give Medicare the power to negotiate lower drug prices and to prevent an increase in health insurance premiums for millions of families with coverage under the Affordable Care Act,” the president said. “Families all over the nation will sleep easier if Congress takes this action.”

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House to vote Tuesday on bill to protect same-sex marriages

House to vote Tuesday on bill to protect same-sex marriages
House to vote Tuesday on bill to protect same-sex marriages
Rudy Sulgan/Getty Images

(WASHINGTON) — The House is set to vote on a bill Tuesday that would codify same-sex marriage into federal law — the move coming in the wake of the Supreme Court’s decision to overturn Roe v. Wade last month, after which Justice Clarence Thomas announced the court should “reconsider” its past rulings on rights to contraception access, same-sex relationships and same-sex marriage.

Thomas, in his concurrence to Dobbs v. Jackson Women’s Health Organization, the decision that struck down Roe v. Wade, wrote that the Supreme Court should reconsider decisions involving a constitutional right to privacy that guarantees fundamental rights — including same-sex marriage and access to contraception.

His opinion sparked alarm among activists and Democratic lawmakers.

In response, bipartisan group of House members and senators introduced the bill, the Respect for Marriage Act on Monday, which would enshrine marriage equality for the purposes of federal law and provide additional legal protections for marriage equality.

“The Supreme Court’s extremist and precedent-ignoring decision in Dobbs v. Jackson has shown us why it is critical to ensure that federal law protects those whose constitutional rights might be threatened by Republican-controlled state legislatures,” House Majority Leader Steny Hoyer said in a statement Monday.

“LGBTQ Americans and those in interracial marriages deserve to have certainty that they will continue to have their right to equal marriage recognized, no matter where they live, should the Court act on Justice Thomas’ draconian suggestion that the 2013 United States v. Windsor and 2015 Obergefell v. Hodges rulings be reconsidered or if it were to overturn Loving v. Virginia,” Hoyer said.

The Respect for Marriage Act also would officially repeal the Defense Against Marriage Act, which specifically defined marriage as the union of one man and one woman and allowed individual states to not recognize same-sex marriage that were recognized under other states’ laws.

The law was ruled unconstitutional by the Supreme Court in cases as recently as 2013 and 2015, but it remains “on the books,” Democrats have said. The House will would repeal the statute once and for all.

The bill also requires, for federal law purposes, that an individual be considered married if the marriage was valid in the state where it was performed, which would give same sex and interracial couples additional certainty that they will “continue to enjoy equal treatment under federal law as all other married couples.”

The bill also prohibits any person acting under color of state law from denying full faith and credit to an out of state marriage based on the sex, race, ethnicity or national origin of the individuals in the marriage, provides the Attorney General with the authority to pursue enforcement actions, and creates a private right of action for any individual harmed by a violation of this provision.

“Maine voters legalized same-sex marriages in our state nearly a decade ago, and since Obergefell, all Americans have had the right to marry the person whom they love,” Sen. Susan Collins, a Maine Republican, said in a statement. “During my time in the Senate, I have been proud to support legislation prohibiting discrimination based on sexual orientation and gender identity, from strengthening hate crime prevention laws, to repealing ‘Don’t Ask, Don’t Tell,’ to ensuring workplace equality. This bill is another step to promote equality, prevent discrimination, and protect the rights of all Americans.”

The bill is expected to pass along party lines in the House later this week. It’s unclear, at this point, how many Republicans will vote with Democrats on the bill.

Later this week, the House is also set to vote on a bill that would protect a person’s ability to access contraceptives and to engage in contraception, and to protect a health care provider’s ability to provide contraceptives, contraception, and information related to contraception.

The votes this week come after the House passed two bills related to abortion access on Friday.

It’s unclear if the Senate will take any of the bills up for consideration ahead of the planned August recess at the end of this month.

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