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Breaking: Appeals Court Rules To Keep DADT Law Of The Land For Now

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“Don’t Ask, Don’t Tell” is here, through Spring, at least. The Ninth Circuit Court of Appeals has just over-ruled a lower court’s decision that the government stop all “Don’t Ask, Don’t Tell” related activities, effectively placing “Don’t Ask, Don’t Tell” back into law until it rules on the actual ruling. This tempory stay against the lower court’s injunction against any “Don’t Ask, Don’t Tell” investigations and discharges is a setback for the LGBT community and civil rights activists. You’ll remember the Ninth Circuit gave the government a temporary emergency stay while it reviewed the implications of the case. This extends that stay while it reviews the actual case.

Chris Geidner at Metroweekly reports, “The practical effect of the ruling means that — absent congressional or executive action — DADT will remain in effect through at least Spring 2011.

“In addition to the fact that this case raises ‘serious legal questions,'” the court wrote, “there are three reasons that persuade us to grant a stay pending appeal.”

“The reasons included that “Acts of Congress are presumptively constitutional,” that “‘judicial deference . . . is at its apogee’ when Congress legislates under its authority to raise and support armies” and that “the district court’s analysis and conclusions are arguably at odds with the decisions of at least four other Circuit Courts of Appeal.”

Here are a few responses:

Servicemembers Legal Defense Network (SLDN): “Today’s decision is a major disappointment, and it underscores the urgent need for the Senate to act this month in the lame duck session to end this confusion and bring about the finality that is needed. We continue to warn service members that it is unsafe to come out as long as this law remains on the books.”

Dan Woods, White & Case: “The court’s ruling is a disappointment not only to us, but also to all homosexual servicemembers who bravely put themselves in harm’s way so that we can all enjoy the constitutional rights and freedoms that they themselves are being denied,” said Dan Woods, White & Case partner who is representing Log Cabin Republicans. “The decision only slows the day when military service will be available to all Americans, regardless of sexual orientation, who want nothing more than to serve their country honorably and patriotically. We will continue to fight on for the constitutional rights of these Americans and look forward to a favorable decision on the merits of the appeal.  Meanwhile, we will discuss the court’s order with our client to determine whether we will ask for a review of the order by the US Supreme Court.”

R. Clarke Cooper, Executive Director, Log Cabin Republicans: “Log Cabin Republicans is disappointed that ‘Don’t Ask, Don’t Tell’ will continue to burden our armed forces, undermine national security and limit the freedom of our men and women in uniform,” said R. Clarke Cooper, Executive Director of Log Cabin Republicans. “Despite this temporary setback, Log Cabin remains confident that we will ultimately prevail on behalf of servicemembers’ constitutional rights.  In the meantime, we urge President Obama to use his statutory stop-loss power to halt discharges under this discriminatory and wasteful policy.  The president claims to want to see ‘Don’t Ask, Don’t Tell’ ended.  It is time that he stop talking and start working to make a real difference for gay and lesbian Americans by pushing for repeal when Congress returns.”

Lambda Legal: “Today’s ruling means additional months or even years of needless suffering by lesbian, gay and bisexual service members, who must continue to live in fear of discovery until the appeals process is complete – or until Congress or the President steps up to the plate.  But it’s important to remember what today’s ruling was not:  a consideration of the merits of the case. That remains for another day.

“Each day that ‘Don’t Ask, Don’t Tell’ remains in effect, it destroys lives and careers, undermines national security, and forces the discharge of the very personnel our military needs in a time of war. The pressure is now on Congress to repeal this fundamentally un-American law – and on the
President, who can issue a stop-loss order to put an immediate end to discharges under ‘Don’t Ask, Don’t Tell.'”

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BREAKING NEWS

‘The Law Is Clear’: Appeals Court Rules Trump Handpicked Judge Should Never Have Appointed Special Master

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A three-judge panel on the conservative 11th Circuit Court of Appeals has ruled against Donald Trump, and effectively against his hand-picked federal district court judge Aileen Cannon in the ex-president’s “special master” case.

The judges, all three conservatives, two of whom appointed to the bench by Trump himself, ruled that Judge Cannon should never have agreed to Trump’s request to appoint a “special master” to review all the items the Dept. of Justice removed from his Mar-a-Lago residence by executing a legal search warrant.

Cannon had ordered the special master to specifically review approximately 100 classified documents, and blocked the DOJ from accessing them while they were under review. That block halted its investigation into Trump’s likely illegal retention of the documents and other items – over 10,000 – he removed from the White House and was string at Mar-a-Lago.

RELATED: In Trump’s ‘Special Master’ Appeal 2 of 3 Judges Are Ones He Appointed – and Both Previously Ruled Against Him

CNN calls Thursday’s ruling “a major defeat for former President Donald Trump.” The appeals court’s ruling halts  “a third-party review of documents seized from his Mar-a-Lago estate,” and “removes a major obstacle to the Justice Department’s investigation into the mishandling of government records from Trump’s time in the White House.”

“The law is clear,” the judges wrote in their ruling Thursday, posted by NBC News’ Daniel Barnes. “We cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of the warrant. Nor can we write a rule that allows only former presidents to do so. Either approach would be a radical reordering of our caselaw limiting the federal courts’ involvement in criminal investigations.”

“And both would violate bedrock separation-of-powers limitations,” they continued. “Accordingly, we agree with the government that the district court improperly exercised equitable jurisdiction, and that dismissal of the entire proceeding is required.”

READ MORE: ‘Roughing Him Up’: Judges Scorch Trump’s Attorney in Tense Hearing Over His ‘Secret’ Argument

They also wrote: “In considering these arguments, we are faced with a choice: apply our usual test; drastically expand the availability of equitable jurisdiction for every subject of a search warrant; or carve out an unprecedented exception in our law for former presidents. We choose the first option. So the case must be dismissed.”

“The district court,” meaning Judge Cannon, “improperly exercised equitable jurisdiction in this case. For that reason, we VACATE the September 5 order on appeal and REMAND with instructions for the district court to DISMISS the underlying civil action.”

 

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News

Right Wing Social Media Platform Parler Announces Kanye West Will No Longer Buy It in ‘Interest of Both Parties’

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After Kanye West‘s antisemitic and racist remarks last month, which led to him being deplatformed by Twitter and Instagram, the extremist artist and rapper announced he was purchasing the right wing “free speech” social media platform Parler, which performs little content moderation.

On Thursday, hours after West went on far right extremist and conspiracy theorist Alex Jones’ show and praised Adolf Hitler, Parler issued a statement saying by mutual agreement West would not be purchasing the platform.

But the Parler statement, which came from its parent company, also claimed the decision had been made weeks ago.

“In response to numerous media inquiries, Parlement Technologies would like to confirm that the company has mutually agreed with Ye to terminate the intent of sale of Parler,” Parler said on Twitter. “This decision was made in the interest of both parties in mid-November.”

READ MORE: ‘This Is Nazism’: Americans Outraged After Kanye West Praises Hitler – ‘This Is Not a Clown Show. It’s Dangerous’

On Thursday, stunning many, West told Alex Jones, “I see good things about Hitler,” as Consequence reported. “Every human being has something of value that they brought to the table, especially Hitler.” 

When West had agreed to purchase Parler, he stated, “In a world where conservative opinions are considered to be controversial we have to make sure we have the right to freely express ourselves.”

CNBC reported last month that “Parler, which initially launched in 2018, was swept up in controversy last year over the role it played in the Jan. 6, 2021, riots at the Capitol building. That led a slew of tech companies, including Google and Amazon, to blacklist the service, rendering its app and website inaccessible.”

READ MORE: Matt Gaetz ‘Wingman’ Joel Greenberg Sentenced to 11 Years in Prison – Attorney ‘Disappointed’ Others Not Prosecute

Parler’s CEO is George Farmer, who is married to far right commentator Candace Owens. Owens several years ago had her own Hitler-praising scandal.

Owens, promoting nationalism, told young supporters in London, “Whenever we say nationalism, the first thing people think about, at least in America, is Hitler.”

“But if Hitler just wanted to make Germany great and have things run well, OK, fine. The problem is that he wanted, he had dreams outside of Germany. He wanted to globalise. He wanted everybody to be German, everybody to be speaking German. Everybody to look a different way. To me, that’s not nationalism.”

Hitler was responsible for the slaughter of up to 17 million people.

 

Image via Tinseltown / Shutterstock

 

 

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RIGHT WING EXTREMISM

‘This Is Nazism’: Americans Outraged After Kanye West Praises Hitler – ‘This Is Not a Clown Show. It’s Dangerous’

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Disgraced rapper and antisemite Kanye West on Thursday praised Adolf Hitler while in an interview with far right extremist and conspiracy theorist Alex Jones. Many are expressing outrage online.

“I see good things about Hitler,” West told Jones, as Consequence reports. “Every human being has something of value that they brought to the table, especially Hitler.” 

In between those two remarks West launched into a plethora of lies about all the good things Hitler has done, including inventing the microphone (false) and highways (also false.)

West doubled down, exclaiming, “I like Hitler,” and said, “the Jewish media has made us feel like Nazis and Hitler have never offered us anything of value to the world.”

West, who brought a white supremacist with him to dine with Donald Trump at Mar-a-Lago last week, today also claimed he loves everyone but injected antisemitic tropes about contracts and pornography.

“I think most Jews are great people,” West said, while claiming, “I agree there’s a Jewish mafia.”

West, who goes by “Ye,” astonishingly “took credit for popularizing antisemitism,” Consequence reports, “saying, ‘No one in high school knew what antisemitic meant until Ye made it popular.'”

That, too, is a lie.

The outrage online is palpable.

U.S. Rep. Ritchie Torres (D-NY) tweeted, “JUST NOW: ‘I see good things about Hitler, also. The Jews… Every human being has something of value that they brought to the table, especially Hitler.’
— Kanye West on far-right conspiracy theorist Alex Jones’ InfoWars show.”

“This is Nazism,” he added. “When are we going to say ENOUGH?”

Many pointed to a wildly offensive tweet posted by GOP Congressman Jim Jordan, who heads the House Judiciary Republicans. After nearly two months it was removed within minutes of West praising Hitler.

U.S. Rep. Eric Falwell (D-CA) blasted Jordan, saying: “for 2 months you were cool with Jew-bashing.”

Sam Stern of Politico and MSNBC took a wider view.

“We’re all gawking at Kanye saying he sees ‘good things about Hitler’ but i can’t escape the absolute dread that people who know no better and look up to this man and stumble upon this interview will be moved, even on the margins, by him,” he tweeted. “This is not a clown show. It’s dangerous.”

As did actor Josh Gad:

“It’s not what Kanye West says that scares me. It’s that he has 30 million followers who listen to his insanity on top of a cheerleader in the form of the current owner of this platform. No one who says “I love Hitler” should be allowed any oxygen on any social platform (period).”

There is video online of Kanye West’s vile remarks. NCRM will not post or link to it.

 

Image via Shutterstock

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