December 5 Injunction Hearing

On December 5, a three-judge panel of the US Court of Appeals for the Ninth Circuit heard oral arguments on whether to further extend the injunction blocking NASA and Caltech's enforcement of the HSPD-12 investigations. While we are awaiting the Court's ruling, the temporary injunction put in place in early October REMAINS IN EFFECT.

A Court-provided audio recording of the hearing is available (WMA format, local copy).

The Appeals Court's filings include JPL employee Plaintiffs-Appellants' Opening Brief, responses from Federal and Caltech Defendants-Appellees, and the Appellants' reply brief. Union of Concerned Scientists and Electronic Frontier Foundation submitted Amicus Curiae briefs in support of the Appellants.

See more details in The Lawsuit section.

Press accounts of the hearing are on the Media Coverage page.

Our superb Hadsell & Stormer legal team, one of the nation's premier civil rights firms, has given generously of their time to fight for our rights. With further legal proceedings contemplated and expenses mounting, we are urging supporters to contribute to the legal fund. Please send your donations, payable to "Hadsell & Stormer", to Bob Nelson, 775 N. Mentor Ave., Pasadena, CA 91104.

Other News:

• A new flier was handed out to JPLers driving in on December 4, the day before the Appellate Court hearing. This and older fliers are in the Reference Documents section.
• The temporary injunction granted by the U.S. Court of Appeals for the Ninth Circuit remains in place pending Court's decision. All rulings appear on the Court's website.
• A letter to Caltech colleagues has been distributed.
• In the ongoing proceedings in the District Court, plaintiffs move to certify the following class (suppl.) for injunctive and declaratory relief:

  All current and future employees and subcontractors of the California Institute of Technology hired to work at the Jet Propulsion Laboratory, or required to have physical or electronic access to that laboratory, who hold "non sensitive" or low risk positions, and are required to complete OPM Standard Form 85 and submit to a background investigation as set forth in NASA Interim Directive 1600.1.

  Plaintiffs are seeking certification as an injunctive relief class, which is a common method to obtain broad based injunctive relief under the federal rules of procedure. Plaintiffs believe certification, if granted by the court, will ensure that any injunction ultimately entered applies to all employees and contractors working at JPL. A hearing on class certification is scheduled for 1:30pm on February 25, 2008.
• Federal defendants and Caltech filed Motions to Dismiss the amended complaint in the district court. On Dec. 5, the Plaintiffs filed their opposition (Federal, Suppl. 1, 2, 3, Caltech).The next hearing is scheduled for 2:00pm on January 11, 2008.
• See more details on the Lawsuit, Press releases, and Media Coverage pages.

Other new things on this site

• Interactive timeline of the court proceedings and the associated events.
• If you want a T-shirt, button, mousepad, or mug, please visit cafepress.com/hspd12jpl. This is the recommended way for people outside of the local area to acquire these items. (JPLers can also get one by contacting the webmaster.) We don't get any of this money, but it is still a great way to show your support!
• JPL scientists call for senate inquiry. Read their letter, which is also archived on the reference documents page.
• See an informational brochure you can print and distribute yourself. It's on the reference documents page, too.

Outside JPL

• No federal agency met the October 27, 2007 deadline to complete the HSPD-12 background checks
• IRS wasted millions of dollars implementing HSPD-12, according to an Inspector General report. The same report cites the estimated 14-year cost of implementing HSPD-12 at the Dept. of the Treasury (with 1.5x as many personnel as NASA), at $421 Million, a bit over the cost of a Mars scout mission
• NASA's Johnson Space Center employees and contractors are concerned about HSPD-12.

Welcome to the fight against JPL's rebadging process. This site contains information about why the $6 million rebadging process is unfair, unethical, and illegal. Read about it for yourself, and if you agree with us, join our fight against it!

You may be shocked when you find out what is really involved, how dangerous it is, and how much of your freedom you are giving up. To get rebadged, you don't simply provide information on forms-- you provide information that begins an investigation of you.

Did you know:

• That the release form on the SF85 or SF85P authorizes an investigator to obtain "any information" on you from schools, residences, employers, criminal establishments, and any other sources, and that the investigation is explicitly "not limited"?
• That each of the neighbors, supervisors, and references you are required to provide will be sent a questionnaire asking about your "mental or emotional stability," "financial integrity," and "abuse of alcohol and/or drugs," among other things?
• That SF85 remains in effect for two years, whether or not you stay at JPL? In other words, federal agents can use your SF85 release as permission to investigate you for two full years, even if you are no longer affiliated with a federal agency
• That the new rules prevent JPL from issuing retiree badges?
• That the official SF85 and SF85p forms describe the process as "voluntary," but that jpl will terminate your employment if you don't fill it out?

This is just a sampling of why the process is causing concern. If these provisions worry you even a little, you may want to read the FAQ and in-depth research to learn more.

If you are new to how HSPD-12 works at JPL, you may also want to read this overview of HSPD-12 and the JPL rebadging process.