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The House "Weaponization of the Federal Government" subcommittee is holding its first hearing. The White House likened it to a "reboot of McCarthyism" designed to help Republicans get on Fox News. The hearing will cover "the politicization of the FBI and DOJ and attacks on American civil liberties." The hearing led by House Judiciary Chairman Jim Jordan will include witness testimony from Fox News commentators, the White House notes. Jordan, in a House floor speech last month, rejected the notion that the committee is a "ploy" and said whistleblowers have talked to Republicans about alleged government intrusions.
The Paradox of Prosecuting Domestic Terrorism
  + stars: | 2023-02-08 | by ( James Verini | ) www.nytimes.com   time to read: +52 min
The preventive approach to domestic terrorism goes back even further than the 1990s and it begins with the basic police work and surveillance of the joint terrorism task forces. In fact, there is no section of the U.S. Criminal Code that criminalizes domestic terrorism as such. The absence of clear law around domestic terrorism, and the imperatives of prevention, mean that investigators and prosecutors who work domestic terrorism cases must focus on more common charges: weapons violations, illegal drug possession, burglary, aiding and abetting and so forth. But this was not enough to overrule the fear of domestic terrorism that was gripping the nation and that hung in the courtroom. It reflected the legal paradoxes of the case and domestic terrorism law in general or, maybe more accurately, the absence of it.
WASHINGTON, Feb 2 (Reuters) - Nearly 1,000 migrant children separated at the U.S.-Mexico border by the administration of former President Donald Trump have yet to be reunited with their parents despite a two-year effort by President Joe Biden. The U.S. Department of Homeland Security (DHS) said on Thursday of the 998 children still separated, 148 were in the process of reunification. Biden, a Democrat, issued an executive order shortly after taking office in January 2021 that established a task force to reunite children separated from their families under Trump, a Republican and immigration hardliner, calling such separations a "human tragedy." The Trump administration split apart thousands of migrant families under a blanket "zero-tolerance" policy that called for the prosecution of all unauthorized border crossers in spring 2018. To date the task force has reunited 600 families.
Former President Trump claims he owns the audio rights to interviews conducted by Bob Woodward. But legal experts say it's unlikely a court will agree with Trump, who claims he's owed $50 million. "The case centers on Mr. Woodward's systematic usurpation, manipulation, and exploitation of audio of [former] President Trump," states the complaint, filed with a federal court in Florida. The audiobook didn't go on sale for another two years — after, Woodward says, he decided its release served the public interest. "Filing a lawsuit over publishing those interviews turns the First Amendment on its head."
Utah is likely to become the first state to ban gender-affirming medical care for transgender minors this year. The Utah Senate approved a bill Friday that would bar minors from receiving gender-affirming surgeries and place an indefinite moratorium on their access to puberty blockers and hormone therapy. Spencer Cox, who became the second Republican governor last year to veto a bill that bars transgender students from playing girls’ sports. Bri Martin, the editor of the student newspaper at West High School, described gender-affirming care as “nothing short of life-saving,” the Salt Lake Tribune reported. The bill also allows minors to sue medical providers for malpractice for gender-affirming medical care if the minor “later disaffirms consent” before they turn 25.
REUTERS/Mike Blake/File PhotoJan 26 (Reuters) - A U.S. judge has blocked a California law that sought to penalize doctors who spread "misinformation or disinformation" about COVID-19 while he considers a pair lawsuits challenging it on free speech grounds. "At no point has the State of California been able to articulate the line between permissible and impermissible speech." Under AB 2098, doctors can be disciplined for spreading misinformation about COVID, defined as "false information that is contradicted by contemporary scientific consensus contrary to the standard of care." They said that doctors who give harmful advice to patients are already subject to malpractice lawsuits and discipline under existing state law. Reporting By Brendan Pierson in New York, Editing by Alexia Garamfalvi and Bill BerkrotOur Standards: The Thomson Reuters Trust Principles.
A video that has gone viral has exposed a clash between students and school officials in Idaho over whether the term “brown pride” is a symbol of cultural pride or a sign of gang affiliation. “He was telling me: 'You can’t wear it, because it has ‘brown pride’ on it. They wore rosaries, bandannas and clothing inspired by Latino heritage and brown pride, and some students brought Mexican flags, she said. Lilly Meinen, a Latina freshman at Caldwell High School, said the term “brown pride” was something students should be proud of. Two days after the protest, Caldwell High School was vandalized with a "white power" tagging and a white van was vandalized with "f--- brown pride" tagging.
Two West Virginia bills aim to protect minors from obscene performances and materials, which the bills define, in part, as anything that includes exposure to or performances by transgender people. People who violate the bill regulating venues and performances, SB 278, could face a misdemeanor, a fine of up to $1,000 and/or jail time. Advocates in the state say the bills declare transgender people’s existence as inherently sexual and harmful to children. In West Virginia, legislators have introduced at least 10. Another West Virginia bill would allow 15% of voters in a city to recall “any ordinance or city code provision previously enacted by the governance.” Schneider said this bill, though it doesn’t explicitly name LGBTQ issues or people, could be used to repeal local nondiscrimination protections for LGBTQ people, which have passed in 18 cities in West Virginia.
The fellowship was subject to approval by Kennedy School Dean Douglas Elmendorf. Kathryn Sikkink, a human rights academic at the Kennedy School, told The Nation magazine earlier this month that Elmendorf told her he rejected the appointment because of what he called HRW's "anti-Israel bias." In an email to the community on Thursday, shared by a Harvard Kennedy School spokesperson, Elmendorf said he believed he had made an error. I hope that our community will be able to benefit from his deep experience in a wide range of human rights issues," Elmendorf said. Elmendorf in the email said his earlier decision not to award the fellowship had not been influenced by donors or "made to limit debate at the Kennedy School about human rights in any country."
Books containing “sexually explicit” content — including depictions of sexual or gender identity — would be banned from North Dakota public libraries under legislation that state lawmakers began considering Tuesday. Though supporters of North Dakota’s bill repeatedly called the sexual content “obscene,” opponents said the material in question is not actually considered legally obscene. Library Director Christine Kujawa at Bismarck Veterans Memorial Public Library said the library has a book with two little hamsters on the cover. Bills to restrict mature content in school libraries became laws last year in Tennessee, Utah, Missouri, Florida and Oklahoma. The investigation followed a complaint by the ACLU and appeared to be the first based on a nationwide movement to ban school library books dealing with sexuality and gender.
At the time, four years after the handover from Britain to China, much of Hong Kong remained a world of neon and noise. "Five years ago, everyone looked down on you if you spoke Mandarin," said a Beijing executive living in Hong Kong. As soon as the Hong Kong Arts Festival ended, the Hong Kong International Film Festival began. In February 2006, Alex Ma, China's mole in the FBI, sent David photos he received from his handlers of five suspected human sources. Born in Hong Kong like Alex, Lee grew up in Hawaii and became a naturalized U.S. citizen.
So far, Texas has taken the lead with 36 such bills, according to Equality Texas, a statewide LGBTQ advocacy group. Four states — Arkansas, Alabama, Tennessee and Arizona — have enacted restrictions on gender-affirming medical care for minors, though federal judges have blocked them from taking effect in Arkansas and Alabama. State Sen. David Bullard, the Republican sponsoring the bill, told The Oklahoman that gender-affirming medical care is a “permanent change in your body that cannot be reversed. Accredited medical associations — including the American Medical Association, the American Academy of Pediatrics and the American Psychological Association — have supported gender-affirming care for minors. Advocates and doctors who treat trans youth have said many of the health care restrictions proposed by state legislators mischaracterize what gender-affirming care is.
Package theft is a staple of the e-commerce age, and is more common in some states than others. And even if they had logged the theft with police, the crime of package theft is filed and charged differently depending on the location. Oklahoma — Package theft can be charged as a felony if the perpetrator is convicted of three instances within 60 days. There isn't much of a correlation between the states cracking down on package theft and the places that experience it. Only one of the top 10 metro areas experiencing the most package theft is in a state where porch piracy is a felony.
"I asked them not to get distracted because there are other things happening in the state," Solorzano told NBC News. Sarah Huckabee Sanders surprised Solorzano as well as other Latinos in the state. "In regards to the [word] Latinx, I know that [it] is important for some people, but it’s not necessarily the general sentiment of the immigrant or Latino population. "It's been a challenge in this state to find any type of support for us — for trans Latinx migrants," Yambú said with a frustrated tone. For us, the word Latino, Hispanic, Latinx — we can use those interchangeable[ly].
Authorities had no physical evidence or weapon that linked Phipps to the shooting, and the then 22-year-old had no criminal record. Through her research Kubrin has found bias against rap music and artists, she said, adding that much of that bias is racialized. That means using lyrics from rap music, a historically Black genre, can infect jurors with anti-Black racism regardless of whether the defendant himself is Black, she said. Defending the practiceFulton County prosecutor Fani Willis, whose office is trying the case against Young Thug and other YSL members, has defended using music lyrics in trials. Gavin Newsom signed the Decriminalizing Artistic Expression Act, which made it the first state to restrict the use of rap lyrics as evidence in state court.
Jan 10 (Reuters) - The prestigious Kennedy School at Harvard University is under fire over a decision not to award a fellowship to the former head of Human Rights Watch, which one academic said was due to the campaigner's criticism of Israel's treatment of Palestinians. The school's Carr Center for Human Rights Policy last year approached Kenneth Roth, who served as HRW's executive director from 1993 to 2022, and agreed on the terms of a fellowship, according to both Roth and the Carr Center. The fellowship was subject to approval by Kennedy School Dean Douglas Elmendorf. Kathryn Sikkink, a human rights academic at the Kennedy School, told The Nation magazine that Elmendorf told her he rejected the appointment because of what he called HRW's "anti-Israel bias." Harvard Kennedy School spokesperson James Smith said by email that Elmendorf decided not to appoint Roth "based on an evaluation of the candidate’s potential contributions to the Kennedy School," adding that the school does not discuss such deliberations.
Solicitor General Elizabeth Prelogar to file a brief expressing the Biden administration's view on the litigation and whether the Supreme Court should take up the matter. Charter schools are publicly funded but operated separately from school boards run by local governments. The 4th Circuit ruling did not make a conclusion on the Title IX claim. Circuit Judge Barbara Milano Keenan, in a decision joined by her fellow Democratic appointees on the 4th Circuit. The Supreme Court has a 6-3 conservative majority.
The exact contours of the Democrats' majority is in flux after Senator Kyrsten Sinema switched her party affiliation from Democrat to independent. But either she caucuses with Democrats and gives the party a 51-49 majority or she does not, leaving Democrats with a 50-49 edge. But in a 50-50 Senate where Democrats and Republicans had an even number of seats on the Senate Judiciary Committee, several civil rights lawyers and nominees supported by progressive advocates stalled with deadlocked votes. And in a 50-50 Senate, occasionally Vice President Kamala Harris was needed to cast a tie-breaking vote. Assuming they are renominated, their path to confirmation could be smoothed, as the Judiciary Committee under Durbin's leadership will now have a majority of Democrats.
Dec 27 (Reuters) - The U.S. Supreme Court on Tuesday left in place for now a pandemic-era policy allowing U.S. officials to rapidly expel migrants caught at the U.S.-Mexico border. The court said it would hear arguments on whether the states could intervene to defend Title 42 in its February session. Enrique Lucero, director of migration affairs in Tijuana, said it was "absurd" that Title 42 remained in place, noting the city had a large backlog of U.S. asylum seekers. It also failed to weigh the harm asylum seekers would face from Title 42, he said. When a federal appeals court on Dec. 16 declined to allow them to intervene and put Sullivan's order on hold, they took the matter to the Supreme Court.
The court voted 5-4 to grant an emergency request by 19 Republican state attorneys general who sought to intervene in defense of the policy. The brief court order said that while the administration cannot set aside the Title 42 policy, the decision "does not prevent the federal government from taking any action with respect to that policy." Gavin Newsom, has warned that the system for handling migrants seeking asylum would “break” if Title 42 is ended. Chief Justice John Roberts on Dec. 19 placed a temporary hold on Sullivan’s ruling while the Supreme Court weighed its next steps. Title 42, named after a section of U.S. law, gives the federal government power to take emergency action to keep diseases out of the country.
The Title 42 order was first implemented in March 2020 under Republican former President Donald Trump at the beginning of the COVID-19 pandemic. Close to half of those arrested were rapidly expelled under the Title 42 policy. In that case, U.S. District Judge Emmet Sullivan in Washington, D.C., sided with the migrants on Nov. 15 and ruled Title 42 was unlawful. He said the government also failed to weigh the harm asylum seekers would face from the Title 42 order. When a federal appeals court on Dec. 16 declined to allow them to intervene and put Sullivan's order on hold, they took the matter to the Supreme Court.
They were victorious in all six states that featured ballot initiatives around abortion access this year. If approved, it would require a 60% threshold of support for future ballot measures to pass, as opposed to the current majority. Ballot initiative groups say that’s the point. Critics have alleged the measure amounts to a test run for a more comprehensive measure that would raise the threshold for all such constitutional ballot initiatives. “They’re trying to use ballot measures — to change ballot measures,” said Fields Figueredo of the Ballot Initiative Strategy Center.
Meanwhile, abortion-rights advocates and the ballot initiative groups they’re working with said preliminary efforts are also underway in Florida, Missouri and other states. Meanwhile, voters in two Democratic states, California and Vermont, chose to officially protect abortion rights in their constitutions. “Reproductive rights is a winning issue. The Dobbs decision had a huge impact,” said Chris Melody Fields Figueredo, the executive director of the Ballot Initiative Strategy Center, which works with progressive organizations to help advance citizen-led ballot measures. “And what we know — that about a majority of Americans actually support reproductive rights and abortion access — means we have an incredible opportunity.”
The U.S. Education Department’s civil rights enforcement arm has launched an investigation into a North Texas school district whose superintendent was secretly recorded ordering librarians to remove LGBTQ-themed library books. The comments, combined with the district’s subsequent decision to remove dozens of library books pending a review, fostered a “pervasively hostile” environment for LGBTQ students, the ACLU wrote in its complaint. Last year, voters in Granbury elected a pair of school board members who campaigned against LGBTQ-affirming school curricula and library books. “These comments, combined with the book removals, really send a message to LGBTQ students in the districts that: ‘You don’t belong here. Lou Whiting, a student at Granbury High School, becomes emotional after speaking against the removal of LGBTQ books at a Granbury school board meeting in March.
U.S. President Joe Biden, a Democrat, had campaigned on overturning Trump's hardline immigration measures before taking office in 2021 but kept Title 42 in place for more than a year. A federal judge last month ruled Title 42 was unlawful in response to a lawsuit originally brought by asylum-seeking migrants represented by the American Civil Liberties Union. Hours later, Chief Justice John Roberts in a brief order issued a stay that will leave Title 42 in place until further notice from the court. DHS last week updated a six-pillar plan that calls for the expanded use of a fast-track deportation process if Title 42 is terminated. In El Paso, shelters have struggled to provide for arriving migrants even as many ultimately are headed to join relatives in other parts of the United States.
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