Download the Biden-Harris Administration Accountability Tracker Here

AAF Defends Student Free Speech and Use of Pronouns

Advancing American Freedom led a coalition of 31 other amici defending the right of students in an Ohio school district to tell the truth in their use of some of the most fundamental elements of language: pronouns. Olentangy School District (which objected to the Court reading our amicus brief) has a set of policies that, taken together, prohibit students from using sex-accurate pronouns that correspond with reality when doing so might cause offense to another student. Whether in the form of secret social transitioning, chemical or surgical mutilation of healthy children, or forcing kids to lie about what is right in front of them, the Left has no business imposing onto children their absurd theories about language and human sexuality.

 

“Rather than focusing on improving students’ understanding of the great truths contained in subjects like history, literature, math, and science, education officials around the country are spending their time devising ways to impose their novel social theories onto children,” said AAF General Counsel J. Marc Wheat. “It’s time for courts to intervene and put a stop to these absurd policies before more children are harmed. Our schools must rededicate themselves to truth rather than continue to be distracted by fanciful and ephemeral falsehoods.”

 

Read the full brief here.

Parents Defending Education v. Olentangy Local School District Board of Education

 

Read the full statement here.

AAF: Say ‘NO’ to Pro-Union, Pro-Choice Labor Secretary Nominee

Lemelson v SEC

Read the full statement here.

Advancing American Freedom Supports Challenge to SEC Abuse

Advancing American Freedom led a coalition of 27 other amici in Lemelson v. SEC fighting against the Securities and Exchange Commission’s (SEC) abuse of power in refusing to pay the legal fees of Father Emanuel Lemelson.

After a decade of litigation against a Greek Orthodox priest, the SEC failed to convince a jury of most of its charges against him. If the SEC wins this case, it will reward the SEC strategy of punishing those it does not like by giving targets who assert their innocence an offer they can’t refuse: a massive settlement or overwhelming legal bills.

“While the jury denied the SEC the ludicrous fine it sought, Father Lemelson’s seven-figure legal costs send a message to future targets that fighting for their rights in court against the SEC will cost them one way or another,” said AAF General Counsel J. Marc Wheat. “If the courts refuse to award Father Lemelson attorney’s fees, despite his prevailing against all of the SEC’s most important charges, the SEC’s abusive powers will only be magnified.”

In June, AAF’s brief in SEC v. Jarkesy argued that requiring targets to litigate through the SEC’s in-house kangaroo courts was a miscarriage of justice.  The Supreme Court agreed, clawing back significant power from the administrative state’s in-house ‘administrative law judges’ (ALJs) requiring instead, as the Constitution requires, that civil actions alleging fraud be brought in front of independent Article III courts.

Read the full brief here.

AAF DOGE Memo

AAF: Trump Is Right On China Tariffs

Mike Pence’s 2024 China General Chamber of Commerce Speech

Thank you. It is an honor to be here at the 8th annual China General Chamber of Commerce Gala, the largest turnout ever. For nearly 20 years, this chamber has led the charge in building a relationship between China and the United States based on shared prosperity and mutual respect, and I am honored to be among so many I greatly admire.

 

As some of you may recall, I was supposed to speak at a CGCC event back in 2016 when I was Governor of Indiana. But something came up…

 

So I’m happy I finally got the opportunity to be here with you all, even if it is 8 years later than we originally planned.

 

The theme of our gathering is “Charter a New Horizon” is all together fitting and timely, in a time of change in America.

 

Let me say that as a former vice president of the United States and as the proud father and father-in-law of a United States Marine and United States Navy pilot, I believe China and the United States must charter a new horizon if we are to forge a peaceful and prosperous future in the balance of the 21st Century and I want to thank you all for your dedication to that cause.

 

Many of you know may not know that throughout my career I have always strongly supported free trade. I used to say when I was governor of Indiana that trade means jobs, it’s one of the reasons why I took a great interest in America’s relationship with China early on. I will tell you as a Hoosier I have learned about China from neighbors and friends. I supported PNTR with China as a member of congress and as governor of Indiana I travelled to China, and led a trade mission to encourage expanded investment in my home state and across the Midwest.

 

I did so always believed that expanded trade and expanded cultural exchange between our people would enhance greater cooperation and would advance the principles of free markets and freedom for America, China, and the world.

 

But despite the best hopes and intentions of many of us in this country, and I’d venture to say everyone in this room, that that was not to be….. The truth is after years of trade abuses, intellectual property theft, and an increasingly adversarial posture by the Communist government in China across Asia Pacific, it has become clear to many of us, sadly, that that hope of greater liberalization derived by our efforts was for nought. But today I come before you with resolve and hope, that better days are ahead for the people of America, for Chinese Americans, and yes, for the people of China.

 

Back in 2018, as Vice President I presented The Trump-Pence administration’s first major policy address on changing our policy towards China.

 

In that speech, I explained that our administration was taking a new tougher stance on China under the Chinese Communist Party’s rule. I explained that for many years, leaders of both political parties seemed to have turned a hopeful, but ultimately blind eye to China’s many abuses on trade and beyond in the area of human rights. A misguided hope that China’s newfound prosperity would inevitably lead to liberty.

 

But our administration saw the regime in Beijing for what it was, and I still do. China, truthfully, is the greatest strategic and economic challenge facing the United States in the 21st Century.

 

Over the course of our administration, we changed the national consensus on China here in the United States. For the first time, in our administration, we met China’s military provocations in the Asia Pacific with the largest increase in military spending since the days of Ronald Reagan. We were the first country to call out Chinese leaders for mistreatment of Uyghurs in Xinjiang and for undermining democracy in Hong Kong.  And we stood up to years of trade abuses, and imposed historic tariffs that brought China to the negotiating table.

 

I remember when I first met vice (inaudible) at an APEC conference overseas. He originally respectfully recognized that China in his words was “still a developing country”, and I looked him in the eye and said not once but twice with great respect said “things have to change.”

 

One thing is certain as we gather tonight: change is coming especially for those of you who conduct business in both China and the United States. And it’s that for which I want to speak tonight.

 

And if you doubt it you can see the recent bipartisan support in congress forcing the sale of China’s own tik tok and Just a few weeks from today, America will swear in a new president and a new administration that will undoubtedly return to the hawkish approach we took when I was Vice President.

 

I no longer speak for the American government, but as a private citizen, I strongly support President-elect Trump’s tough trade policies on China. I believe free trade with free nations, and I believe in using access to the most prosperous economy on earth to promote the principles of human dignity and of democracy throughout the world.

 

I’m sure as we gather this evening I’m sure that some of you are concerned that tariffs and other restrictions on China will hurt the economy, ours and Chinas, or potentially even worse, lead to a trade war that damages both our nations. I understand those concerns.

 

But let me assure you a few things about our president-elect, let me say with confidence I probably know the president elect better than most of his most ardent supporters… we spent four years together, many hours and on this matter in particular I believe I know his mind.

Let me assure you of this the threats of additional tariffs on China and on other nations are not a bluff, what you may not know is that I believe with wise choices that look to the  future America’s relationship with China can ultimately improve – not in spite of President Trump’s tough approach to China, but because of it.

 

China is our rival and our economic adversary – but China must not become our enemy. Through his brand of diplomacy and tariffs, I believe the president elect understood this through our first term.

 

I fervently hope his proposed tariffs will bring China back to the negotiating table as it did during our administration. I know this will be difficult and create challenges in the short-term, but it will be well worth it in the long-term. We want better for America and China  – and I believe a firm but fair approach is the best way to get there. How do I know? From experience.

 

During our administration critics said we were too tough on China and its communist rulers. But frankly it was precisely that tough approach that we achieved a historic Phase One trade deal that was signed in the east room of the White House in January of 2020. It was a trade deal that  doubled China’s imports of American agricultural goods.

 

 

Thankfully, President Biden did maintain a few of our administration’s tough policies, including our tariffs on Chinese imports. But for the most part, America’s efforts to change China’s malign behavior stagnated for the past four years. Now, I fully expect the incoming administration is certain to pick up where we left off.

 

Let me say my great hope is that China doesn’t view impending American tariffs as punitive or hostile, but as an opportunity to enter negotiations in good faith and create a relationship that is more free and fair to all.

 

I can assure you from firsthand experience that President Trump will treat China’s leaders exactly how he did in the past, he will treat them  with respect, yes, but also with firmness, and a stance that puts our nation’s interests first.

 

President-elect is already waging his positions on social media months before he has taken office. He recently expressed his frustration at the flow of fentanyl into our country the vast majority of which is smuggled from China into the United States, which kills nearly 100,000 lives annually.

 

The goal of tariffs is not to isolate or restrain China, but the president elect’s goal in tariffs is to promote better relations through actions and reform to forge a better future.

 

I met President Xi in Papa New Guinea at the conference in 2018. Whenever I was traveling overseas, I’d always make a point as Vice President to speak to the President about any messages he wanted me to convey to the head of state I’d be speaking with. During our session before the APEC event, President Xi approached me and introduced himself and I introduced myself, he asked me if I’d ever been to China. And I said Mr. President I have. And he said you should come back. I said it would be my great honor. And then I said to him I’d asked the President if he had a message to President Xi and said the President had two messages. So he paused and listened, said “go ahead.” President Trump’s first message is that he likes you very much. And at that point President Xi, who had been austere up to that point became very animated and said “I like him very much.” And asked me to send his best personal regards. Then we got interrupted, as these things go, and the session moved into a dinner and I was shaking President Xi’s hand. He looked at me and said “you told me you had two messages from President Trump.” And I said “that’s right Mr. President. He also told me to tell you that you need to open up your markets,” And he looked back at me and said “dialogue is good.”

 

I know the president elect, I know there will be dialogue, but the path to progress will take more than words.

 

There are things China can do that will greatly enhance our relationship and mutual prosperity: open the markets to US goods, combat intellectual property theft, respect freedom of navigation and keep the promises it made to the people of Hong Kong….one country two systems.

 

And among all the other steps China could take there would be no greater gesture of good will in the short term to the United States and the wider world than to free Jimmy Lai.

 

I met with Jimmy Lai at the white house in 2019… he’s facing trial today in Hong Kong. There’s some controversy about what we spoke about so let me say on the record in front of leaders he did not ask for any action against Hong Kong or China. he simply came to urge speak out on behalf of the people of Hong Kong.

 

These measures would not only respect American interests but also demonstrate the CCP’s willingness to embrace a better and more peaceful future built on fairness, respect and reciprocity.

 

So, why speak about these matters to you? Well the Bible says “blessed are the peacemakers.” To the Chinese companies represented here today: you have a unique role to play. You can be champions of building bridges between our nations. Encourage your government to take those steps I mentioned earlier.

 

To the Chinese-American and American companies in this room: I urge you to stand strong on your values, let your trading partners in China and elsewhere know what your standards are. You expect them to respect private property rights and your own interests to be respected.

 

And to everyone gathered here: let us remember that the burden is on our shoulders, particularly us Americans. In proverbs “to much is given much is required.” This is the moment that is either fraught with peril or filled with opportunity, and I choose to believe the latter. So for everyone gathered her today the choices we make, policies we’re applying today will shape the world of tomorrow. By standing firm for the timeless principles of freedom, we can chart a new horizon that is more peaceful and more prosperous for all.

 

I think it’s important for the government of China to understand that America’s decisions can never be separated from our belief that we are “endowed by (our) Creator with certain unalienable rights…that among these are Life, Liberty and the pursuit of Happiness.”

 

And Americans will do well to remember that China is an ancient civilization with a great people, cherished tradition, family, and achievement and faith. In fact as we stand here today I’m told there are more Chinese Christians in church on any given Sunday than there are members of the Communist Party. We have much more in common than could ever divide us.

 

America will never abandon our values, nor will we impose our values on others, but rather will inspire. But we should never hesitate to make access to the world’s largest economy contingent upon respect for the basic principles of fair play and the rule of law. It is an honor to address you tonight, so let me close.

 

I hope my words tonight have conveyed respect for the people of China, firmness and resolve and hope, there is an ancient Chinese proverb that reads, “Men see only the present, but Heaven sees the future.” As we go forward, let us pursue a future of peace and prosperity with resolve and faith. Faith in ideals we cherish and our place in the world as a beacon of hope for all mankind as Americans. Faith in the enduring capacity of people all over the world to aspire to those principles. And faith that Heaven sees the future – and that by God’s grace, it will be a future in which America, China move beyond our present disagreements; when our nations forge a new relationship grounded in mutual respect; when the rising tide of prosperity truly lifts all nations; and we can finally stand together, proudly, as partners and friends. I believe America will continue to stand strong as the new administration takes office in just a few short weeks, with one handed extended in friendship and the other resting comfortably on the arsenal of democracy we will still hope that China will reach back, with deeds and on words to build a future based in shared prosperity and mutual respect. So help us God.

AAF’s Concern on the Department of Health and Human Services Proposed Rule “HHS Acquisition Regulation: Regulatory Review”

AAF is concerned that the Proposed Rule, as it relates to sexual orientation, gender identity, and
pregnancy provisions of nondiscrimination regulations leaves the door open for discrimination
against religious entities and for the government to violate the right of women to single-sex
private spaces. We also urge the Department of Health and Human Services (HHS) not to
enshrine the Biden-Harris Administration’s poor record.

 

Read the full brief here.

AAF HHS Regulatory Review Comment

Read AAF comments here.