California voters oppose the idea of the state offering cash payments to the descendants of enslaved African Americans by a 2-to-1 margin, according to the results of a new poll that foreshadows the political difficulty ahead next year when state lawmakers begin to consider reparations for slavery.
The UC Berkeley Institute of Governmental Studies poll, co-sponsored by The Times, found that 59% of voters oppose cash payments compared with 28% who support the idea. The lack of support for cash reparations was resounding, with more than 4 in 10 voters “strongly” opposed.
“It has a steep uphill climb, at least from the public’s point of view,” said Mark DiCamillo, director of the IGS poll.
Democratic Gov. Gavin Newsom and state lawmakers created California’s Reparations Task Force in 2020 with the goal of establishing a path to reparations that could serve as a model for the nation. After two years of deliberations, the task force sent a final report and recommendations this summer to the state Capitol, where Newsom and the Democratic-led Legislature will ultimately decide how the state should atone for slavery.
The group suggested providing cash payments to all descendants based on health disparities, mass incarceration and over-policing and housing discrimination that have adversely affected Black residents compared with white Californians.
The remedies recommended in the report also go far beyond cash payments and include policies to end the death penalty, pay fair market value for jail and prison labor, restore voting rights to all formerly and currently incarcerated people and apply rent caps to historically redlined ZIP Codes that disadvantaged Black residents, among dozens of other suggestions.
Tuesday, September 12, 2023
Last Call For Reparation Nation, Con't
Redistricting Rodeo, Con't
In the past nine days, state and federal judges threw out two congressional maps — and helped Democrats avoid a worst-case scenario in Ohio — kicking off an unusually busy redistricting calendar heading into the election year.
All told, a dozen or more seats across at least six states could be redrawn, increasing the likelihood Democrats could chip away the five-seat GOP House majority through redistricting alone.
Democrats could pick up an extra seat in each of a handful of states, including Florida, Alabama and Louisiana, and perhaps several more in New York. Republicans could still pick up as many as four seats in North Carolina, but the recent rulings put Democrats in a position to offset those losses — and then some.
Redistricting could not only give Democrats a slight edge in their bid to reclaim the majority they lost in 2022 but also increase the number of Black members in their conference. Prospective Democratic candidates in several key states are already eagerly eyeing a rare chance to run for a federal office, and the party is brimming with hope about growing its footprint in the South.
“It’s an incredible win,” Marina Jenkins, executive director of the National Democratic Redistricting Committee, said of Alabama. “It’s an incredibly important moment.”
The court rulings and new maps coming in the next four months, she said, could determine the 2024 House map.
None of the new maps are final. Higher courts could reverse lower court rulings, especially in Florida. But the recent spate of decisions have swung the momentum toward Democrats, and party operatives have grown far more optimistic about their House map after the recent rulings.
A change in the composition of even just a few districts could have a huge effect. With Republicans’ majority resting on such a narrow margin, the fight to control the House is expected to once again be highly competitive next year, and Democrats are searching for every possible toehold to climb back to the top.
The most notable movement for Democrats has been in a region that’s fallen away from them: the South. Over the past week, courts overturned Republican-drawn maps in Alabama and Florida for weakening the power of Black voters.
Alabama Republicans had thumbed their noses at the federal court’s instructions to redraw a map that it ruled likely violated the Voting Rights Act. They drew a new map this summer with just one majority-Black district — in spite of the court’s instructions to draw a second. The judges threw out the new map last week.
The three-judge panel ruled that the Alabama legislature does not get “a second bite at the apple” and appointed an independent expert to draw new lines by Sept. 25. Alabama Republicans said they will appeal the ruling.
Southern Democrats are thrilled by the prospect of a new majority-Black seat.
The court-appointed expert could draw a new district uniting Montgomery and Mobile — something that has sparked interest from local legislators in both cities. State Rep. Napoleon Bracy Jr., state Sen. Vivian Davis Figures and state Sen. Kirk Hatcher are high on the list of potential contenders.
Another name to watch: Steven Reed, who was just reelected as Montgomery’s first Black mayor. During his mayoral run, he remained pointedly noncommittal on whether he would be interested in running for a new majority-Black district.
Orange Meltdown, Con't
Donald Trump is conjuring his most foreboding vision yet of a possible second term, telling supporters in language resonant of the run-up to the January 6 mob attack on the US Capitol that they need to “fight like hell” or they will lose their country.
The rhetorical escalation from the four-times-indicted ex-president came at a rally in South Dakota on Friday night where he accused his possible 2024 opponent, President Joe Biden, of ordering his indictment on 91 charges across four criminal cases as a form of election interference.
“I don’t think there’s ever been a darkness around our nation like there is now,” Trump said, in a dystopian speech in which he accused Democrats of allowing an “invasion” of migrants over the southern border and of trying to restart Covid “hysteria.”
The Republican front-runner’s stark speech raised the prospect of a second presidency that would be even more extreme and challenging to the rule of law than his first. His view that the Oval Office confers unfettered powers suggests Trump would indulge in similar conduct as that for which he is awaiting trial, including intimidating local officials in an alleged bid to overturn his 2020 defeat.
Characteristically, Trump also turned criticism of his behavior against his political foes, implicitly arguing that the true peril for America’s political freedoms did not spring from his attempt to invalidate a free and fair election, but from efforts to make him face legal accountability for doing so. “It’s really a threat to democracy while they trample our rights and liberties every single day of the year,” he said.
“This is a big moment in our country because we’re either going to go one way or the other, and if we go the other, we’re not going to have a country left,” he told supporters in South Dakota. “We will fight together, we will win together and then we will seek justice together,” he added. This followed a March rally in which he billed his 2024 campaign and potential second term as a vessel of “retribution” for supporters who believe they’ve been wronged.
Alarm bells, airhorns, large stacks of guitar amps, all of these need to be going off around the country. This is the language authoritarians use when they promise to annihilate their political enemies. Trump isn't running on anything other than putting Democrats in jail or worse.
Trump isn't seeking justice at all. He's seeking revenge, and he's giving his tens of millions of followers permission to seek that revenge along with him in a blood-soaked pogrom crusade. He's giving them the justification they need to do it, and tens of millions of Trump supporters are looking forward to the carnage.
It'll only get worse as we get closer to the election.
In a filing Monday, they argued that Judge Tanya Chutkan should recuse herself from the case for previous statements they say give the appearance of bias. They did not outright accuse Chutkan of being biased against Trump, but highlighted statements they claimed "create a perception of prejudgment incompatible with our justice system."
"Judge Chutkan has, in connection with other cases, suggested that President Trump should be prosecuted and imprisoned. Such statements, made before this case began and without due process, are inherently disqualifying," Trump's attorneys wrote in the filing.
Trump has entered a not guilty plea in the case, filed by special counsel Jack Smith, in which he is charged with four felony counts relating to an alleged scheme to interfere with the peaceful transfer of power after he lost the 2020 election to President Joe Biden.
Trump's filing highlights several instances during hearings related to defendants in Jan. 6 riot cases in which Trump's attorneys say Chutkan appeared critical of the former president.
"This was nothing less than an attempt to violently overthrow the government, the legally, lawfully, peacefully elected government, by individuals who were mad that their guy lost," Chutkan said during one October 2022 hearing, later adding, "it's blind loyalty to one person who, by the way, remains free to this day."
Trump's attorneys called that statement "an apparent prejudgment of guilt."
"The public meaning of this statement is inescapable — President Trump is free, but should not be," they wrote.
The filing also highlights statements Chutkan made to rioter Robert Palmer, who was sentenced to more than five years in prison for using a wooden plank and a fire extinguisher to attack police.
"The people who exhorted you and encouraged you and rallied you to go and take action and to fight have not been charged," Chutkan said during Palmer's December 2021 sentencing hearing.
Ultimately, it is up to Chutkan to decide if these past statements create a perception of bias. If she does, a new judge would be assigned to the case. If she disagrees with Trump's attorneys, she will continue to preside over the matter. If the recusal is denied, Trump's attorneys could petition an appeals court for a writ of mandamus, essentially an order requiring her to recuse. These efforts are not often successful.
Monday, September 11, 2023
Last Call For Twenty-Two Years Later
The number of first responders who have died from 9/11-related illnesses now almost equals the number of firefighters who died during the terror attacks themselves.
A total of 341 New York City Fire Department firefighters, paramedics and civilian support staff who died from post-911 illnesses are now memorialized at the FDNY World Trade Center Memorial Wall, according to the Uniformed Firefighters Association. The memorial commemorates both first responders who died during the attacks and those who died from related illnesses in the years since.
That count almost equals the 343 New York firefighters who died during the 2001 attacks.
The fire department added 43 names to the memorial on September 6, according to a news release.
“As we approach the 22nd anniversary of 9/11, the FDNY continues to feel the impact of that day. Each year, this memorial wall grows as we honor of those who gave their lives in service of others,” said Fire Commissioner Laura Kavanagh in the release. “These brave men and women showed up that day, and in the days and months following the attacks to participate in the rescue and recovery efforts at the World Trade Center site. We will never forget them.”
Exposure to the dust at the World Trade Center has been tied to heightened risk of cardiovascular disease among firefighters who responded to the scene. Additionally, respiratory disease and thousands of cancer diagnoses have been linked to the toxic pollutants released during the attacks.
More than 71,000 people are currently enrolled in the World Trade Center Health Registry, a long-term study seeking to understand the physical and mental health effects of the terror attacks. In addition to first responders, the attacks have left lasting health impacts on workers in the World Trade Center who evacuated their workplaces, passersby, residents of the surrounding buildings and volunteers who spent time at Ground Zero in the weeks after.
Lt. Joseph Brosi was one of the dozens of firefighters added to the memorial last week. The FDNY veteran died in February after a long battle with lung cancer.
His son Jim Brosi said not a day has gone by where he has not thought about his father.
“We just miss him,” he told CNN. “He was just always present in everything we did.”
The Return Of The Revenge Of The Ghost Of Shutdown Countdown
With the House back in session this week ahead of the September 30th deadline for spending bills, Republicans are giving GOP House Spearker Kevin McCarthy an ultimatum: crash the Biden economy, or we crash you.
Kevin McCarthy is facing the greatest peril to his speakership since he clawed his way into the job eight months ago, with multiple factions of his party feuding and a looming revolt ahead during the battle to fund the government.
Ultra-conservative members of the House GOP are talking in unsubtle terms about turning on McCarthy if he does not take a hard line in negotiations with the Senate and the Biden administration.
More centrist Republicans, too, are increasingly fed up with McCarthy’s efforts to placate the far right. They want him to stop giving ground to lawmakers they see as holding the party hostage to unrealistic demands.
McCarthy is a political survivor — even his critics cannot deny that his skilled nature as an accommodator, his persistence in winning over even his most dogged critics and his deep bench of allies have kept him alive in this highly fractured Republican Party.
But interviews with more than two dozen GOP members and aides reveal that it would take only a few rogue lawmakers hell-bent on his downfall to risk McCarthy’s fate in an entirely new way, sending their party spiraling into a new period of chaos. And even if those defectors fail to actually eject McCarthy, some of the speaker’s confidantes privately concede there may be no way to recover.
Those volatile, competing forces of McCarthy’s conference will collide this month, and could drive the nation to a government shutdown, while reshaping the Republican agenda for the rest of the Congress.
“The speaker faces two choices,” said Rep. Bob Good (R-Va), a vocal McCarthy detractor who says the party shouldn’t fear a shutdown. “[He] stares down the Senate, stares down the White House, forces them to cave and is a transformational historic speaker ... Or he can choose to make a deal with Democrats.”
If McCarthy chooses the latter option, Good warned, “I don’t think that’s a sustainable thing for him as speaker.”
House Republicans will face all that drama with an attendance strain: At least four of their own may be sidelined from Washington for health or family reasons, including Majority Leader Steve Scalise (R-La.). That’s on top of a looming resignation on Friday that could put McCarthy’s margin for error at just a couple of votes.
The last time a GOP speaker faced this intense level of fall spending pressure with a Democrat in the White House, it was September 2015. And while John Boehner avoided a shutdown, he didn’t survive the month.
The GOP Legal Eagles, Con't
Investigate the investigator.
That has been the operating thesis of the GOP’s playbook to counter the myriad criminal investigations into Donald Trump, the de facto leader of the Republican Party. Interrogating investigators’ methods and scruples is a strategy that has been utilized by both parties during tumultuous moments, and is a well-worn tool for lawmakers seeking to appease constituents hungry for the appearance of oversight on polarizing issues.
The strategy has been effective in shaping public opinion of the investigations after years of sustained broadsides against the judicial system by Trump and his top allies. A Washington Post-FiveThirtyEight-Ipsos poll last month showed 75 percent of potential Republican primary voters said charges against the former president across various investigations were politically motivated.
But in the wake of 91 criminal charges against Trump, the party’s blitz of attacks on prosecutors threatens to degrade an important precedent that protects prosecutorial independence and the ability to fairly root out wrongdoing without partisan influence or gain, according to legal experts.
“Big picture, this does seem incredibly troubling,” said Caren Morrison, a former federal prosecutor who is an associate professor at Georgia State University College of Law. “For years I’ve told my students that one principle we can always rely on is the principle of prosecutorial discretion — it is unassailable and that is the essence of their power: They can choose which cases to pursue and which cases not to pursue. … We are kind of at a point where nobody agrees on what the rules are.”
So far, congressional investigations have been launched against Manhattan District Attorney Alvin Bragg, special counsel Jack Smith, and most recently, Fulton County, Ga., District Attorney Fani Willis — all of whom have charged Trump with crimes. And state lawmakers have begun discussions to remove Willis from her seat through a disciplinary commission in Georgia — one of several states that have recently adopted laws aimed at reining in the power of locally elected prosecutors.
Republican House committee chairmen initiated an investigation into Bragg earlier this year seeking communications, documents and testimony related to his investigation of a $130,000 hush money payment to adult film actress Stormy Daniels. Trump was indicted in the case by a Manhattan grand jury for allegedly falsifying business records in New York.
House Judiciary Committee Chairman Jim Jordan (Ohio), one of the three GOP chairmen who targeted Bragg, announced an investigation into Willis after an Atlanta-area grand jury indicted Trump and 18 of his associates on charges related to attempts to overturn the results of the 2020 election. Jordan requested information regarding any federal funding the office receives, along with any correspondence between Willis’s office and the Justice Department. Republican lawmakers have also gone after David Weiss, the newly appointed special counsel tasked with prosecuting President Biden’s son Hunter after his plea deal collapsed in July. Weiss filed court papers on Wednesday saying he intends to seek an indictment against Hunter Biden by the end of this month.
Jordan and others have drawn sharp criticism from Democrats for what they view as attempts to undermine active and ongoing criminal investigations. In a nine-page letter to Jordan sent on Thursday, Willis blasted the chairman for what she called an unconstitutional attempt “to interfere with a state criminal matter” and transgression of the separation of powers. She also warned Jordan that if House Republicans followed through on threats to deny federal funding to Willis’s office, that “such vengeful, uncalled-for legislative action would impose serious harm on the citizens we serve, including the fact that it will make them less safe.”
Few officials have voluntarily cooperated with the investigations so far, but House Republicans scored a win in the courts after a federal judge declined to block a subpoena issued by the House Judiciary Committee. That ruling forced a former prosecutor who investigated Trump in the Manhattan district attorney’s office, Mark Pomerantz, to appear before the committee for a deposition.
“It is not the role of the federal judiciary to dictate what legislation Congress may consider or how it should conduct its deliberations in that connection,” U.S. District Judge Mary Kay Vyskocil wrote in her opinion. She added that Jordan had identified other valid legislative purposes in deposing Pomerantz, including scrutinizing the use of federal funds in the investigation. The judge also questioned how Bragg could claim that information that had already been published in a tell-all about the investigation into Trump written by Pomerantz could be considered privileged information. Jordan’s office declined a request for comment.
It remains to be seen whether House Republicans will ultimately issue subpoenas to any of the current prosecutors overseeing investigations into Trump, but legal experts and former U.S. government officials say the action would mark a significant escalation that would cross the line separating politics and the criminal justice system.
“Whomever is the accused deserves an adjudication which is, as much as possible, the application of law to facts, and you do everything you can to shield that inquiry from the rough-and-tumble of constituent politics,” said Robert Raben, the former Assistant Attorney General for the Office of Legislative Affairs under President Bill Clinton. “There are important lines of division that should not be penetrated — and we can squabble about where those lines are — but hauling up an investigator while something is pending to influence something to which you are not a party is inappropriate,” he added.
Sunday, September 10, 2023
Last Call For Old News From Newsom
As three high-profile California Democrats vie to replace retiring Sen. Dianne Feinstein, Democratic Gov. Gavin Newsom said in an interview with NBC's "Meet the Press" that he would not appoint any of them to the seat, should it become vacant sooner than expected.
That decision could be a blow to Rep. Barbara Lee, since her allies had reason to believe she was Newsom’s first choice to fill a potential vacancy. But that was before she entered the Senate race, where she is currently trailing in polls behind better-known and better-funded fellow Democratic Reps. Adam Schiff and Katie Porter.
In his most direct comments on the matter yet, Newsom said in the interview with Chuck Todd for NBC News' "Meet the Press" that airs Sunday that he would instead make an “interim appointment” to replace Feinstein if necessary.
“Yes. Interim appointment. I don’t want to get involved in the primary,” Newsom said. “It would be completely unfair to the Democrats that have worked their tail off. That primary is just a matter of months away. I don’t want to tip the balance of that.”
Lee, Schiff and Porter are locked in a high-profile battle ahead of the March 5 all-party primary, when the top two vote-getters of any party will advance to the November general election. Both may end up being Democrats, given California’s partisan tilt.
A poll released Thursday from the Institute of Government Studies at the University of California, Berkeley, found Schiff and Porter running neck and neck at 20% and 17%, respectively, while Lee trailed at 7%. A third are still undecided.
Feinstein, 90, has resisted calls to resign and said she intends to serve out the remainder of her term, which ends in January 2025.
But her declining health and an ugly family dispute over her late husband’s multi-million-dollar estate has renewed questions about her ability to do her job.
Newsom is openly dreading the prospect of having to fill another Senate vacancy, having already hand-picked his state’s other senator, Alex Padilla, to fill the seat vacated by now-Vice President Kamala Harris.
“I don’t want to make another appointment, and I don’t think the people of California want me to make another appointment,” Newsom told Todd.
Gunmerica: The Battle Of New Mexico
New Mexico Gov. Michelle Lujan Grisham on Friday issued an emergency order suspending the right to carry firearms in public across Albuquerque and the surrounding county for at least 30 days in response to a spate of gun violence.
The Democratic governor said she expects legal challenges but was compelled to act because of recent shootings, including the death of an 11-year-old boy outside a minor league baseball stadium this week.
Lujan Grisham said state police would be responsible for enforcing what amount to civil violations. Albuquerque police Chief Harold Medina said he won’t enforce it, and Bernalillo County Sheriff John Allen said he’s uneasy about it because it raises too many questions about constitutional rights.
The firearms suspension, classified as an emergency public health order, applies to open and concealed carry in most public places, from city sidewalks to urban recreational parks. The restriction is tied to a threshold for violent crime rates currently only met by the metropolitan Albuquerque. Police and licensed security guards are exempt from the temporary ban.
Violators could face civil penalties and a fine of up to $5,000, gubernatorial spokeswoman Caroline Sweeney said. Under the order, residents still can transport guns to some private locations, such as a gun range or gun store, provided the firearm has a trigger lock or some other container or mechanism making it impossible to discharge.
Lujan Grisham acknowledged not all law enforcement officials were on board with her decision.
“I welcome the debate and fight about how to make New Mexicans safer,” she said at a news conference, flanked by law enforcement officials, including the district attorney for the Albuquerque area.
John Allen said in a statement late Friday that he has reservations about the order but is ready to cooperate to tackle gun violence.
“While I understand and appreciate the urgency, the temporary ban challenges the foundation of our constitution, which I swore an oath to uphold,” Allen said. “I am wary of placing my deputies in positions that could lead to civil liability conflicts, as well as the potential risks posed by prohibiting law-abiding citizens from their constitutional right to self-defense.”
Enforcing the governor’s order also could put Albuquerque police in a difficult position with the U.S. Department of Justice regarding a police reform settlement, said police spokesman Gilbert Gallegos.
“All of those are unsettled questions,” he said late Friday.
Its legality and enforceability have already proven to be roadblocks, with Albuquerque Police Chief Harold Medina saying the city’s police department will not be responsible for enforcing it, and Bernalillo County Sheriff John Allen cautioning the order “challenges the foundation of our Constitution” (New Mexico State Police is tasked with enforcing the order).
Republican lawmakers, including Florida Gov. Ron DeSantis, a 2024 presidential candidate, quickly capitalized on the furor, with DeSantis declaring: “Your 2nd Amendment rights SHALL NOT BE INFRINGED.”
Rep. Lauren Boebert (R-Colo.), also criticized the ban in a post on X, calling the decision “flawed” and asking: “If a governor felt like declaring an emergency right before an election they’d be to suspend the 19th Amendment and stop women from voting [sic]
?”
According to the ban, which is classified as a public health order and took effect immediately, open and concealed carry will be banned on public property for 30 days “with certain exceptions,” including for security guards and law enforcement agents—with violators facing fines up to $5,000.
New Mexico law requires a permit for concealed carry but not open carry, making it one of 38 states that allow unpermitted open carry—which is prohibited in five states (California, Florida, Illinois, New Jersey and New York), while it’s allowed with a permit in Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Rhode Island and South Carolina.
Sunday Long Read: One Hell Of A Racket
BRUSSELS
On the morning of his arrest, Grigor Sargsyan was still fixing matches. Four cellphones buzzed on his nightstand with calls and messages from around the world.
Sargsyan was sprawled on a bed in his parents’ apartment, making deals between snatches of sleep. It was 3 a.m. in Brussels, which meant it was 8 a.m. in Thailand. The W25 Hua Hin tournament was about to start.
Sargsyan was negotiating with professional tennis players preparing for their matches, athletes he had assiduously recruited over years. He needed them to throw a game or a set — or even just a point — so he and a global network of associates could place bets on the outcomes.
That’s how Sargsyan had become rich. As gambling on tennis exploded into a $50 billion industry, he had infiltrated the sport, paying pros more to lose matches, or parts of matches, than they could make by winning tournaments.
Sargsyan had crisscrossed the globe building his roster, which had grown to include more than 180 professional players across five continents. It was one of the biggest match-fixing rings in modern sports, large enough to earn Sargsyan a nickname whispered throughout the tennis world: the Maestro.
This Washington Post investigation of Sargsyan’s criminal enterprise, and how the changing nature of gambling has corrupted tennis, is based on dozens of interviews with players, coaches, investigators, tennis officials and match fixers. The Post obtained tens of thousands of Sargsyan’s text messages, hundreds of pages of internal European law-enforcement documents, and the interrogation transcripts of players.
By the time he was communicating with the players in Thailand, Sargsyan had honed his tactics. He had learned to nurture the ones who were nervous. He knew when to be businesslike and direct, communicating his offers like an auctioneer.
That was Sargsyan’s approach on the night in June 2018 that would be his last as a match fixer. He explained to Aleksandrina Naydenova, a Bulgarian player struggling to break into the world’s top 200, that she could choose how severely she wanted to tank a set. He sent the texts in English:
If she lost her first service game, she would make 1,000 euros, he wrote. If she lost the second one, she would make 1,200 euros. It didn’t matter if she won the match, only that she lost those games.
Naydenova seemed willing.
“Give me some time to confirm,” she wrote.
As Sargsyan waited, a Belgian police SWAT team was on its way to his parents’ house. The team had been planning the raid for months, the culmination of a two-year investigation that spanned Western Europe.
Sargsyan placed the phone on his bedside table next to the others he used to message players and associates. He sprawled on his mattress, trying not to fall asleep. Then, from downstairs, he heard hushed voices speaking over walkie-talkies. He cracked open the door to his room and saw several police officers and a Belgian Malinois. The officers spotted their target: a short, chubby man in pajamas. They sprinted up the stairs and into Sargsyan’s room.
Sargsyan lunged for his phones, but the officers got to them first. They put him in handcuffs and listed the charges against him: money laundering and fraud.
“I know what this is about,” Sargsyan said.
The information on his devices would provide a remarkable window into what has become the world’s most manipulated sport, according to betting regulators. Thousands of texts, gambling receipts and bank transfers laid out Sargsyan’s ascent in remarkable detail, showing how an Armenian immigrant in Belgium with no background in tennis had managed to corrupt a sport with a refined, moneyed image.
Saturday, September 9, 2023
Last Call For Socially Acceptable
The U.S. Court of Appeals for the 5th Circuit on Friday ruled that the Biden White House, top government health officials and the FBI likely violated the First Amendment by improperly influencing tech companies’ decisions to remove or suppress posts on the coronavirus and elections.
The decision was likely to be seen as victory for conservatives who’ve long argued that social media platforms’ content moderation efforts restrict their free speech rights. But some advocates also said the ruling was an improvement over a temporary injunction U.S. District Judge Terry A. Doughty issued July 4.
David Greene, an attorney with the Electronic Frontier Foundation, said the new injunction was “a thousand times better” than what Doughty, an appointee of former president Trump, had ordered originally.
Doughty’s decision had affected a wide range of government departments and agencies, and imposed 10 specific prohibitions on government officials. The appeals court threw out nine of those and modified the 10th to limit it to efforts to “coerce or significantly encourage social-media companies to remove, delete, suppress, or reduce, including through altering their algorithms, posted social-media content containing protected free speech.”
The 5th Circuit panel also limited the government institutions affected by its ruling to the White House, the surgeon general’s office, the Centers for Disease Control and Prevention and the FBI. It removed restrictions Doughty had imposed on the departments of State, Homeland Security and Health and Human Services and on agencies including the U.S. Census Bureau, the National Institute of Allergy and Infectious Diseases, and the Cybersecurity and Infrastructure Security Agency. The 5th Circuit found that those agencies had not coerced the social media companies to moderate their sites.
Read the 5th Circuit's ruling
The judges wrote that the White House likely “coerced the platforms to make their moderation decisions by way of intimidating messages and threats of adverse consequences.” They also found the White House “significantly encouraged the platforms’ decisions by commandeering their decision-making processes, both in violation of the First Amendment.”
A White House spokesperson said in a statement that the Justice Department was “reviewing” the decision and evaluating its options.
“This Administration has promoted responsible actions to protect public health, safety, and security when confronted by challenges like a deadly pandemic and foreign attacks on our elections,” the White House official said. “Our consistent view remains that social media platforms have a critical responsibility to take account of the effects their platforms are having on the American people, but make independent choices about the information they present.”
The decision is likely to have a wide-ranging impact on how the federal government communicates with the public and the social media companies about key public health issues and the 2024 elections.
The case is the most successful salvo to date in a growing conservative legal and political effort to limit coordination between the federal government and tech platforms. This case and recent probes in the Republican-controlled House of Representatives have accused government officials of actively colluding with platforms to influence public discourse, in an evolution of long-running allegations that liberal employees inside tech companies favor Democrats when making decisions about what posts are removed or limited online.
The appeals court judges found that pressure from the White House and the CDC affected how social media platforms handled posts about covid-19 in 2021, as the Biden administration sought to encourage the public to obtain vaccinations.
The judges detail multiple emails and statements from White House officials that they say show escalating threats and pressure on the social media companies to address covid misinformation. The judges say that the officials “were not shy in their requests,” calling for posts to be removed “ASAP” and appearing “persistent and angry.” The judges detailed a particularly contentious period in July of 2021, which reached a boiling point when President Biden accused Facebook of “killing people.”
“We find, like the district court, that the officials’ communications — reading them in ‘context, not in isolation’ — were on-the-whole intimidating,” the judges wrote.
Hizzonerless, Mayor Adams
In a sharp escalation over the migrant crisis, Mayor Eric Adams claimed in stark terms that New York City was being destroyed by an influx of 110,000 asylum seekers from the southern border and said that he did not see a way to fix the issue.
“Let me tell you something New Yorkers, never in my life have I had a problem that I did not see an ending to — I don’t see an ending to this,” the mayor said on Wednesday night in his opening remarks at a town hall-style gathering in Manhattan. “This issue will destroy New York City.”
Mr. Adams, a Democrat in his second year in office, has clashed with leading members of his party as New York City has struggled to provide housing and services to the migrants. For months, Mr. Adams has criticized President Biden and Gov. Kathy Hochul for failing to help the city handle the asylum seekers and pleaded for additional funding and expedited work permits.
But the mayor’s comments on Wednesday were his most ominous yet. He pointed to new projections that the city’s budget gap could grow to nearly $12 billion — the same amount that city officials estimate that the migrants could cost the city over three years.
“Every community in this city is going to be impacted,” Mr. Adams said at the meeting. “We have a $12 billion deficit that we’re going to have to cut — every service in this city is going to be impacted. All of us.”
The surge of migrants crossing the southern border has overwhelmed the city, with nearly 60,000 occupying beds in traditional city shelters and in more than 200 emergency sites. As New York City students returned to school on Thursday, city officials said that about 20,000 migrant children were expected to join them.
The financial and logistical burden has caused the mayor to repeatedly press Mr. Biden for help this summer, saying last week that the city’s requests were still mostly “unaddressed” and calling for a federal emergency and a national “decompression strategy at the border.”
The Road To Gilead Does Not Go Through Mexico
Mexico’s Supreme Court threw out all federal criminal penalties for abortion Wednesday, ruling that national laws prohibiting the procedure are unconstitutional and violate women’s rights in a sweeping decision that extended Latin American’s trend of widening abortion access.
The high court ordered that abortion be removed from the federal penal code. The ruling will require the federal public health service and all federal health institutions to offer abortion to anyone who requests it.
“No woman or pregnant person, nor any health worker, will be able to be punished for abortion,” the Information Group for Chosen Reproduction, known by its Spanish initials GIRE, said in a statement.
Some 20 Mexican states, however, still criminalize abortion. While judges in those states will have to abide by the court’s decision, further legal work will be required to remove all penalties.
Celebration of the ruling soon spilled out onto social media.
“Today is a day of victory and justice for Mexican women!” Mexico’s National Institute for Women wrote in a message on the social media platform X, formerly known as Twitter. The government organization called the decision a “big step” toward gender equality.
Sen. Olga Sánchez Cordero, a former Supreme Court justice, applauded the ruling, saying on X that it represented an advance toward “a more just society in which the rights of all are respected.” She called on Mexico’s Congress to pass legislation in response.
But others in the highly religious country decried the decision. Irma Barrientos, director of the Civil Association for the Rights of the Conceived, said opponents will continue the fight against expanded abortion access.
“We’re not going to stop,” Barrientos said. “Let’s remember what happened in the United States. After 40 years, the Supreme Court reversed its abortion decision, and we’re not going to stop until Mexico guarantees the right to life from the moment of conception.”
The court said on X that “the legal system that criminalized abortion” in Mexican federal law was unconstitutional because it “violates the human rights of women and people with the ability to gestate.”
The decision came two years after the court ruled that abortion was not a crime in one northern state. That ruling set off a slow state-by-state process of decriminalizing it.
Last week, the central state of Aguascalientes became the 12th state to drop criminal penalties.
Abortion-rights activists will have to continue seeking legalization state by state, though Wednesday’s decision should make that easier. State legislatures can also act on their own to erase abortion penalties.
For now, the ruling does not mean that every Mexican women will be able to access the procedure immediately, explained Fernanda DÃaz de León, sub-director and legal expert for women’s rights group IPAS.
What it does do — in theory — is obligate federal agencies to provide the care to patients. That’s likely to have a cascade of effects.
DÃaz de León said removing the federal ban takes away another excuse used by care providers to deny abortions in states where the procedure is no longer a crime.
It also allows women with formal employment who are part of the social security system and government employees to seek the procedure in federal institutions in states where the abortion is still criminalized, she said.
DÃaz de León and officials at other feminist organizations worry that women, particularly in more conservative areas, may still be denied abortions.
“It’s a very important step,” DÃaz de León said. But “we need to wait to see how this is going to be applied and how far it reaches.”
Friday, September 8, 2023
Last Call For Whom Fani Flagged In Georgia
The full special grand jury report that led to the criminal indictment of former President Donald Trump and 18 others for trying to overturn his 2020 Georgia election loss recommended also charging two former U.S. senators from the state, David Perdue and Kelly Loeffler, and current U.S. Sen. Lindsey Graham of South Carolina.
Neither of those three current and former Republican lawmakers were indicted last month by the regular Fulton County Superior Court grand jury that charged Trump and the other defendants.
The full 25-page report of the special grand jury, which finished its investigative work last winter, was released Friday morning.
The special panel had the power to subpoena evidence and testimony from witnesses but did not have the authority to issue indictments.
However, in addition to the three senators, the special grand jury also had recommended indictments be issued against 18 other people who were ultimately not charged by the regular grand jury last month, in addition to the people who did end up being indicted.
Those recommended for indictment, but not charged, included former Trump national security advisor Michael Flynn, Trump advisor and lawyer Boris Epshteyn, and campaign lawyer Cleta Mitchell, according to the report.
The special grand jury recommended that Graham, Perdue and Loeffler, along with others, should be indicted for crimes related to “the national effort to overturn the 2020 presidential election, focused on efforts in Georgia, Arizona, Wisconsin, Michigan, Pennsylvania, and the District of Columbia.”
Both Perdue and Loeffler, who were sitting senators at the time of the 2020 election, were defeated in early 2021 runoff elections by Democrats, Sens. Jon Ossoff and Raphael Warnock.
Trump’s continued false claims of election fraud in the 2020 presidential contest were seen as factors that led to the defeat of both Perdue and Loeffler, and Democrats taking majority control of the Senate in 2021.
The Road To Gilead Gets A Rebrand
Republicans are losing elections when calling their side "pro-life" while criminalizing women's reproductive systems, tracking their movements into other states, offering bounties to family to turn women in, and basically ruling women by fear and punishment, in some cases sentencing them to death for the crime of not being able to carry a dangerous pregnancy to term.
Republican strategists are exploring a shift away from “pro-life” messaging on abortion after consistent Election Day losses for the GOP when reproductive rights were on the ballot.
At a closed-door meeting of Senate Republicans this week, the head of a super PAC closely aligned with Senate Minority Leader Mitch McConnell, R-Ky., presented poll results that suggested voters are reacting differently to commonly used terms like “pro-life” and “pro-choice” in the wake of last year’s Supreme Court decision that overturned Roe v. Wade, said several senators who were in the room.
The polling, which NBC News has not independently reviewed, was made available to senators Wednesday by former McConnell aide Steven Law and showed that “pro-life” no longer resonated with voters.
“What intrigued me the most about the results was that ‘pro-choice’ and ‘pro-life’ means something different now, that people see being pro-life as being against all abortions ... at all levels,” Sen. Kevin Cramer, R-N.D., said in an interview Thursday.
Sen. Josh Hawley, R-Mo., said the polling made it clear to him that more specificity is needed in talking about abortion.
“Many voters think [‘pro-life’] means you’re for no exceptions in favor of abortion ever, ever, and ‘pro-choice’ now can mean any number of things. So the conversation was mostly oriented around how voters think of those labels, that they’ve shifted. So if you’re going to talk about the issue, you need to be specific,” Hawley said Thursday.
“You can’t assume that everybody knows what it means,” he added. “They probably don’t.”
Abortion is now banned in 14 states, and several others have pursued restrictions. Eleven states, including Missouri, have enacted abortion bans with no exceptions for rape and incest.
Sen. Todd Young, R-Ind., summarized Wednesday’s meeting as being focused on “pro-baby policies.”
Asked whether senators were encouraged to use a term other than “pro-life,” Young said his “pro-baby” descriptor “was just a term of my creation to demonstrate my concern for babies.”
Senators who attended Law’s presentation said he encouraged Republicans to be as specific as possible when they describe their positions on abortion, highlighting findings that he said could have a negative impact on elections. Many senators in attendance represent states where Republican-led legislatures are pursuing abortion restrictions.
“People require more in-depth discussions; you can’t get away with a label anymore,” said Sen. Cynthia Lummis, R-Wyo. “What we’ve learned is you have to dive in and talk to people about very specifically where you are on that subject if you’re running for public office.”
Yes, Republicans. Keep up the rebranding of your open villainy heading into 2024. It'll work great.
Orange Meltdown, Con't
Former Donald Trump trade adviser Peter Navarro has been convicted of contempt of Congress for not complying to a subpoena from the House select committee investigating the January 6, 2021, attack on the US Capitol.
Navarro is the second ex-aide to the former president to be prosecuted for his lack of cooperation with the committee. Steve Bannon was convicted last year on two contempt counts. Bannon’s case is currently on appeal.
Navarro pledged to appeal based on executive privilege issues.
“We knew going in what the verdict was going to be. That is why this is going to the appeals court,” he told reporters outside the courthouse. “And we feel – look, I said from the beginning this is going to the Supreme Court. I said from the beginning I’m willing to go to prison to settle this issue, I’m willing to do that.”
Asked by CNN if he’s spoken with the former president or reached out for help on legal bills, Navarro called Trump “a rock,” but did not elaborate on any communications.
“President Trump has been a rock in terms of assistance. We talk when we need to talk,” Navarro said. “He will win the presidential race in 2024, in November. You know why? Because the people are tired of Joe Biden weaponizing courts like this and the Department of Justice.”
After the verdict was read, Navarro’s lawyers sought a mistrial, raising concerns about any influence alleged protestors may have had when jurors took a break outdoors Thursday afternoon. US District Judge Amit Mehta did not immediately rule on the motion.
he judge scheduled Navarro’s sentencing for January 12, 2024.
Tim Mulvey, former spokesperson for House January 6 committee, celebrated the verdict.
“His defiance of the committee was brazen. Like the other witnesses who attempted to stonewall the committee, he thought he was above the law. He isn’t. That’s a good thing for the rule of law. I imagine that those under indictment right now are getting a good reminder of that right now,” Mulvey told CNN in a statement.