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McCrory Dodges DOJ Deadline, Sues Feds in Defense of Anti-LGBT HB2

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Governor’s Complaint Alleges Trans People Aren’t Protected Under Civil Rights Act

Accusing the Obama administration of “a baseless and blatant overreach,” Republican North Carolina Gov. Pat McCrory filed a federal lawsuit against the U.S. Department of Justice on Monday, seeking a court’s declaration about whether House Bill 2 illegally discriminates against transgender people. 

After the DOJ gave McCrory until 6 p.m. Monday to respond to its claim that HB 2 violates federal civil rights laws, the governor requested more time, but officials refused unless he admitted the bill is discriminatory — which he would not do. 

Instead, McCrory and Frank Perry, secretary of the North Carolina Department of Public Safety, filed a complaint against the DOJ, Attorney General Loretta Lynch and one of her assistants, alleging that trans people aren’t protected under Title XII of the Civil Rights Act of 1964, which prohibits discrimination based on sex. 

“The Obama administration is bypassing Congress by attempting to rewrite the law and set restroom policies for public and private employers across the country, not just North Carolina,” McCrory said in a statement. “This is now a national issue that applies to every state and it needs to be resolved at the federal level. They are now telling every government agency and every company that employs more than 15 people that men should be allowed to use a women’s locker room, restroom or shower facility.

In addition to the Civil Rights Act, the Justice Department found that HB 2 violates Title IX of the U.S. Education Amendments of 1972, jeopardizing billions of dollars annually in federal funding for the Tarheel State.  

The ACLU of North Carolina and Lambda Legal, which are challenging HB 2 in federal court, responded to McCrory’s lawsuit by accusing him of doubling down on discrimination while trans people in the remain in the “perilous position” of avoiding public restrooms or breaking the law. 

“The federal government made clear that HB 2’s mandate of discrimination against transgender people violates federal civil rights laws but McCrory and other political leaders in the state have decided to risk federal funding to maintain that discrimination,” the groups said in a statement. “Transgender people work for the state of North Carolina, attend school in North Carolina, and are a part of every community across the state. It is unconscionable that the government is placing a target on their backs to advance this discriminatory political agenda. Lawsuits are normally filed to stop discrimination—not to continue it.” 

McCrory plans a press conference at 1 p.m. Eastern today to further discuss his lawsuit, which alleges that the DOJ’s “radical reinterpretation” of the Civil Rights Act “would prevent plaintiffs from protecting the bodily privacy rights of state employees while accommodating the needs of transgendered state employees.” 

“North Carolina does not treat transgender employees differently from non-transgender employees,” the complaint states. “All state employees are required to use the bathroom and changing facilities assigned to persons of their same biological sex, regardless of gender identity, or transgender status.” 

Meanwhile, Lynch plans her own press conference at 3:30 p.m. to announce the DOJ’s next steps. 

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Amid ‘Confusion and Disorder’ Prosecutors ‘Hit the Brakes’ on Brennan Probe: Report

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Just days after the U.S. Department of Justice removed the federal prosecutor in charge of its investigation into former CIA Director John Brennan, the DOJ reportedly has “hit the brakes” and begun to withdraw several subpoenas issued in the case.

MS NOW‘s Carol Leonnig and Lisa Rubin report that the criminal probe into Brennan includes “a purported conspiracy by the Obama administration to embarrass President Donald Trump,” according to people familiar with the matter.

“The dramatic shift in plans revealed some confusion and disorder in the controversial Justice Department investigation, which career prosecutors have privately criticized as lacking evidence and being politically motivated to please Trump,” MS NOW noted. The subpoenas had been served over the weekend, after the removal of the prosecutor, to witnesses “purportedly with knowledge of the Obama administration’s decision to investigate Russian interference in the 2016 election.”

The subpoenas were seen by Trump allies “as a sign of progress the Justice Department was making in a top political priority for the president: to go after the architects of the Russia probe that eventually became special counsel Robert Mueller’s investigation of Trump’s campaign and Trump himself.”

READ MORE: Breaking From Trump Republican Says Families Are ‘Struggling’ — But Points Finger at Biden

Some subpoenas were to be served to former government officials and some current and former intelligence agency officials, MS NOW reports, in the case where the DOJ is “looking to charge Brennan with making false statements about his and the CIA’s role in launching the Russia probe.”

Rather than serve subpoenas, DOJ will seek voluntary testimony.

The probe into Brennan is part of a larger “grand conspiracy” investigation into why the Russia probe was opened. But the critical loss of prosecutors “appears to have contributed to the whiplash decision to subpoena witnesses this weekend in Washington in the Brennan investigation and then withdraw them days later, according to the people.”

The prosecutor who had been removed had told colleagues that she had informed her supervisors there was insufficient evidence to charge Brennan.

READ MORE: The Supreme Court Is at War — With Itself: Columnist

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The Supreme Court Is at War — With Itself: Columnist

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The U.S. Supreme Court, “nine angry men and women in black robes,” according to Philadelphia Inquirer columnist Will Bunch, has gone “off the rails,” and is now “at war with itself.”

“Almost every day, there are new signs — from shocking news leaks to surprisingly indecorous public jabs, and legal opinions that read like cries for help — that the U.S. Supreme Court is at war … with itself,” Bunch argues. “Looming large over this soft civil war inside one of America’s three branches of government is our most fundamental liberty, the right to vote.”

Pointing to President Donald Trump’s war in Iran, amid its “shaky” ceasefire and “the daily unraveling” of the White House, “the biggest bombshell wasn’t dropped in the Persian Gulf but in the pages of the New York Times.”

Bunch is referring to the widely-cited scoop from the Times‘ Jodi Kantor and Adam Liptak, that reveals the extreme steps Chief Justice John Roberts took to block President Barack Obama’s Clean Power Plan — and expand the powers of the Court via the “shadow docket.”

“For more than a decade now, these emergency rulings have largely constrained Democratic presidents and boosted the power of Donald Trump on major issues,” Bunch writes.

He notes that the Times published a batch of five justices’ secret memos, including those from Roberts, that “exposed the hypocrisy” of the Chief Justice, “who has argued during his two decades overseeing the court that its justices are not political actors but impartial umpires ‘calling balls and strikes,’ based on sound interpretation of the law.”

Bunch states these memos “reveal Roberts as less an umpire and more the manager of a team desperate to win the World Series for corporate America.”

The leaking of the memos, which, to many, cast Roberts in a negative light, “is just the latest in a series of news leaks and public statements coming from the Supreme Court that lack any precedent, legal or otherwise.”

Bunch says the court had already been facing a “crisis of credibility,” given the “revelations of alleged corruption” swirling about Justice Clarence Thomas, and the “billion-dollar efforts by wealthy conservatives to shape and then lobby the court.”

The Times’ report was far from the first leak.

READ MORE: Breaking From Trump Republican Says Families Are ‘Struggling’ — But Points Finger at Biden

In 2022 came the “Mother of All Leaks” — the draft opinion that would ultimately overturn 1970s’ landmark ruling, Roe v. Wade.

The leaker was never discovered, but “there’s been much speculation that it came from the conservative wing hoping the news coverage would prevent last-minute defections.”

Meanwhile, since the Court’s 2024 decision granting President Donald Trump and all presidents sweeping immunity from criminal prosecution for “official acts,” Bunch writes, “there has been even less decorum and more overt verbal warfare.”

Sometimes, justices publish their snipings inside their opinions, “as when Justice Sonia Sotomayor wrote in response to that ruling on presidential power that POTUS is now ‘a king above the law,’ signing off ‘with fear for our democracy.'”

Bunch says an even more “shocking” event occurred when Sotomayor “lashed out” at Justice Brett Kavanaugh, when she commented that one of his opinions had come from “a man whose parents were professionals. And probably doesn’t really know any person who works by the hour.”

She quickly apologized.

Like the 2022 leak, no one has publicly stated who leaked the secret memos to The New York Times.

But, Bunch surmises, someone “very high in the judicial pyramid is trying to send a ‘bat signal’ to the American public — that things at the nation’s highest court have gone off the rails.”

READ MORE: ‘Dropping Like Flies’: Which of Trump’s Cabinet Secretaries Will Be Next?

 

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Breaking From Trump Republican Says Families Are ‘Struggling’ — But Points Finger at Biden

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A prominent House Republican is breaking with President Donald Trump on the state of the U.S. economy — which the president in recent months has called the “hottest” in the world and suggested that the inflation and affordability crises have been resolved. But she’s also placing the blame on former President Joe Biden, well over a year after he left office.

House Republican Conference Chair Lisa McClain “offered a rare acknowledgment from a GOP leader Tuesday that the U.S. economy might not be in tip-top condition,” Politico reported.

“Now, I know that even with bigger refunds, many families are struggling right now. And I get it,” McClain told reporters.

“But we also owe it to the American people to be honest about how we got here, to make sure we don’t ever go back again. So let me be candid, and let me refresh everybody’s memories,” she said, declaring that the Biden administration “killed” the Keystone Pipeline on “day one.”

The pipeline was never completed — Biden revoked a permit for it.

READ MORE: ‘Dropping Like Flies’: Which of Trump’s Cabinet Secretaries Will Be Next?

“Then,” she continued, “the Biden administration made it harder to ‘drill baby drill.'”

By the time President Biden left office, the U.S. was the world’s largest producer of oil and a net exporter of petroleum products and natural gas.

After praising the Trump administration for opening up more drilling permits, McClain scolded the press: “We need to tell the truth on truly what’s going on.”

“I’m not passing the buck, I’m giving you the facts,” she said.

“It’s crazy that Democrats closed the Keystone pipeline,” she reiterated. “It’s crazy to rely on our enemies for our oil and our natural gas. And it is crazy to sacrifice our national economic security for woke Green New Deal talking points.”

“So, no. Energy prices aren’t where any of us want them to be,” she acknowledged before praising Trump’s energy policies.

READ MORE: ‘What Evil Looks Like’: Columnist Says Trump Presides Over a ‘Circus of Death and Chaos’

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