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Opinion: NOM’s Maggie Gallagher Lying About Invalid, Anti-Gay Regnerus ‘Study’

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NOM’s and Maggie Gallagher’s Anti-Gay Lies

For this article, the definition of the word “lie” is understood to include, but not necessarily to be limited to: “an inaccurate or false statement.”  Additionally, NOM’s Maggie Gallagher has specifically been invited to provide documentation for anything I write about her that she alleges is not factual. We will publish corrections to any factually incorrect thing written here. If Gallagher wants to claim that NOM did not sponsor a rally in the Bronx where a NOM-approved speaker yelled through a megaphone that homosexuals are “worthy to death,” for instance, she should feel free to submit evidence showing that this video of a NOM-approved speaker yelling that homosexuals are “worthy to death” was not filmed at a NOM rally.

In their War Against Gays, the so-called National Organization for Marriage generally, and NOM’s Maggie Gallagher in particular, have no respect for facts or truth.

That lack of respect for truth is currently in evidence in NOM’s and Gallagher’s promotions of an invalid sociological study that NOM leaders got financed and that was then carried out by the University of Texas, Austin’s religious right wing Mark Regnerus. The main political aim of the NOM-leaders-funded, invalid Regnerus study is to demonize gay people in an election year.

NOM’s leaders sometimes lie by saying that their contempt for gay human beings has nothing to do with religious-dogma-based, bullying non-acceptance of gay people, yet NOM just made an anti-gay-rights video with the brainwashed gay-bashing zombie for Jesus, Kirk Cameron. Meanwhile here, Regnerus, connected with an anti-gay-rights church said:  “I believe that if your faith matters, it should inform what you teach and what you research,” and here, from a Notre Dame interview held after Regnerus’s conversion into the anti-gay-rights Catholic Church, we read that: “Mark alluded to the fact that his academic interest in family formation trends and processes had arisen while still an evangelical and his recent entrance into the Catholic Church has shaped his own thinking about fertility and family life.”

To repeat for emphasis, while an anti-gay-rights evangelical, Regnerus said that his faith should inform what he researches, and then after he converted to Catholicism, he said that the anti-gay-rights Catholic Church has shaped his own thinking about fertility and family life.  Then he did a study on family life with a study plan approved and funded by the leaders of NOM, a Catholic-headed anti-gay-rights organization, whose anti-gay-rights pledge is signed by Republican presidential candidate Mitt Romney, who belongs to the anti-gay rights LDS/Mormon Church.

As previously reported, over 200 Ph.D.s and M.D.s have signed a letter complaining of the Regnerus study’s lack of intellectual integrity.

Furthermore, the religious right, anti-gay-rights splinter group the American College of Pediatricians filed an amicus brief – relying very heavily on the invalid Regnerus study — in the Golinski DOMA case the day after the Regnerus study was published.  One month later, an amicus brief refuting the anti-gay, Regnerus-study-based brief was filed in the Golinski case. That refutation of Regnerus and the ACP brief included the fact that Regnerus made no valid comparison between a test and a control group. It was jointly filed by The American Psychological Association, the California Psychological Association, the American Psychiatric Association, the National Association of Social Workers and its California Chapter, the American Medical Association, the American Academy of Pediatrics and the American Psychoanalytic Association.

Make a mental note — and then consult that mental note while reading the rest of this article — that as regards the Regnerus study, there is NOM’s Maggie Gallagher championing it on one side, against all of those major medical and professional groups with hundreds of thousands of members on the other side, saying in a court brief that the Regnerus study is scientifically invalid.

Regnerus alleges that he intended to study child outcome differences between young adult children of heterosexual and homosexual parents. His published study, however, makes no such comparison, instead comparing young adult children of married heterosexual parents to those of divorced mixed-orientation parents. Regnerus’s comparison, thus, is not valid as sociology, because he made no valid comparison between his test and control groups. As Dr. Nathaniel Frank said, writing in the Los Angeles Times, Regnerus “fails the most basic requirement of social science research — assessing causation by holding all other variables constant.”

The Southern Poverty Law Center’s 2012 Intelligence Report on NOM – though hardly exhaustive on the topic of NOM’s anti-gay lies — is titled: National Organization for Marriage Continues to Spread Lies About Gays. 

NOM’s founder and mastermind Robert George also is a board member of the SPLC-certified anti-gay hate group the Family Research Council (FRC). Gallagher has said that she “cherishes” working with that anti-gay hate group. Many of these anti-gay groups, once the SPLC certifies them as anti-gay hate groups, say that they consider it an “honor” to be certified as an anti-gay hate group.

Yet, promulgating known falsehoods about gay people is the crucial thing that gets groups certified as anti-gay hate groups.

In other words, Maggie Gallagher has said that she “cherishes” working with the FRC, which promulgates known falsehoods about gay people.

In evaluating the endless anti-gay lies that Gallagher is spreading around — and encouraging people to believe — apropos of the Regnerus study, it is essential to understand the connection between NOM and the Regnerus study funding. The funding so far disclosed for the study came from the anti-gay-rights Bradley Foundation, where NOM’s Robert P. George is a board member, and from the anti-gay-rights Witherspoon Institute — (which receives financial support from the Bradley Foundation) — where NOM’s Robert George is a Senior Fellow. Moreover, Witherspoon president Luis Tellez is a NOM board member.

There is no daylight between NOM’s leaders and the funding of the Regnerus study, yet NOM’s Maggie Gallagher, in propagandizing about the study, never discloses her organization’s leaders’ connections to the study’s funding.

In the 2012 election year, that is very significant; Republican presidential candidate Mitt Romney has signed NOM’s anti-gay-rights pledge, and the take-away from the invalid Regnerus study is that “homosexuals are dangerous to children,” which is in line with NOM’s fraudulent conflation of homosexuals with pedophiles, as noted in the SPLC Intelligence Report on NOM. Gallagher herself is connected to the Witherspoon Institute; she has written anti-gay propaganda for it that aligns precisely with the anti-gay propaganda message contained in the invalid Regnerus study.

See here for Gallagher’s article Defend Marriage; Moms and Dads Matter.  Among the things that Gallagher does not address in that article are 1) the fact that most if not all foster care children are in the foster care system because they were either abandoned or abused by heterosexual parents; 2) over the last 15 years, the total number of children in the foster care system has gone down dramatically, thanks largely to gay people adopting them; 3) because those children were abandoned and/or abused by heterosexual parents, the gay adoptive parents took on heightened parenting challenges yet mainly are having success with the children they rescued and now are raising in genuinely loving homes; and 4) Gallagher does not explain why she is so ferociously campaigning to keep those gay-headed families — with the adopted children of irresponsible heterosexual parents — stigmatized and legally disadvantaged as “lesser” only because the adoptive parents are gay or lesbian.

Gallagher is using an invalid, NOM-leader-funding-arranged study — (apparently conceived to demonize gay parents) — to seek to deny rights to good, loving gay parents who adopted the neglected and abused children of irresponsible heterosexuals.

During the Republican primaries, let us not forget, Gallagher supported the arch anti-gay bigot Rick Santorum, who said that a child would be better off with a heterosexual father in jail than with two loving gay fathers in the home.

NOM’s Maggie Gallagher Tells Lies About the NOM-Leaders-Funded Regnerus Study

A few examples will serve to illustrate Gallagher’s disinformation campaign surrounding the invalid Regnerus study:

Attempting to Fool the Public With Distracting and Irrelevant Comparisons Between Sociological Sampling Methods

One of the dirtiest tricks being used to promote the Regnerus study as “superior” to all others previously done on gay parenting involves the “sampling method” that Regnerus used.

“Sampling” refers to the means by which a sociologist reaches the target demographic of their study. One can learn about the pros and cons of all sampling methods — and they do all have their limitations — yet in the end, sampling method is irrelevant to the validity of a study, if the sociologist takes the gathered data and makes an invalid comparison between his test and control groups. NOM, Gallagher and Regnerus himself are trumpeting the supposed superiority of his sampling method to those used in prior studies on gay parenting, to distract attention from the fact that Regnerus failed to make a valid comparison between his test and control groups. In a first instance, Regnerus and his funders and other supporters are alleging that he used the best available sampling method, when in fact, he did not, as I explain here.

For comprehension purposes, Regnerus used a “probability sample” and says his study therefore automatically is superior to any prior gay parenting study that used a snowball sample or a convenience sample.  What is crucial to understand, though, is that sampling method is irrelevant to the quality of a study if the study does not make a sociologically valid comparison between its test and control groups. To repeat for emphasis what Dr. Nathaniel Frank said: Regnerus “fails the most basic requirement of social science research — assessing causation by holding all other variables constant.”

NOM’s Maggie Gallagher, unsurprisingly, has been running riot in the media, misleadingly alleging that Regnerus’s probability-based sample automatically made his study superior to prior studies done on gay parenting. If Gallagher has been telling these kinds of lies about the published study in relation to all previous studies of gay parenting, in utter ignorance of the necessity for a valid comparison between a test and a control group, then she should step up now and admit that she did not realize that for a sociological study to be valid, it must make a valid comparison between its test and control groups.  Don’t hold your breath.

Here she is at the National Review, regurgitating a propagandistic letter signed by 18 Regnerus supporters affiliated with the Baylor Institute for Studies of Religion. As if it were not bad enough that those Baylor Regnerus supporters did not disclose that Regnerus himself is affiliated with Baylor, they did not disclose that the Baylor ISR’s director Byron Johnson is a Senior Fellow of the Witherspoon Institute, which funded Regnerus’s study and is promoting it in an anti-gay-rights political context. The excerpt from the Baylor letter that Gallagher posted attacks prior same sex parenting research for using convenience and snowball sampling, and then says: “By contrast, Regnerus relies on a large, random, and representative sample of more than 200 children raised by parents who have had same-sex relationships, comparing them to a random sample of more than 2,000 children raised in heterosexual families, to reach his conclusions.”

Do you see what they did there, and what Gallagher is presenting as legitimate talk about sociology?  They boast of the “large, random and representative sample,” in contrast to previous smaller studies with convenience or snowball samples, but they do not tell you that it was wrong, and an invalid comparison — sociological malpractice —  for Regnerus to compare young adult children of married heterosexual parents to those of divorced, mixed-orientation couples.

Regnerus’s excuse for having done that — as though there were any scientific justification for making a sociologically invalid comparison — is that he tried to find, but could not find, an adequate number of young adult children of stable same-sex couples. What he never mentions though, is why, if he could not find enough appropriate study subjects, he went ahead and made an invalid comparison.

One thing Regnerus might instead have done with his data, was to compare young adult children of divorced heterosexual parents, to those of divorced mixed-orientation couples. He still would not have known anything about children raised by gay couples, but at least he would have made a valid comparison between children of divorced heterosexual parents and those of divorced mixed-orientation parents.

It also must be noted that Regnerus has no credibility when he alleges that he hoped to find enough same-sex-headed families for his study, but in the end simply could not. Regnerus worked through the survey company Knowledge Networks. When a potential client comes to such a company, wanting to survey small niche populations, Knowledge Networks or any similar company will first have the client do a “pilot study” which will allow them to understand how many of the desired demographic they will be able reach and survey, if and when they go ahead with their full budget for surveying. When a potential client is hoping to survey a small minority population, Knowledge Networks does not want to take a lot of money from that client while promising to deliver something it is unsure of being able to deliver; the client would then talk ill of the company to others. And, the flip side of this “pilot study” aspect of the matter, is that given adequate additional money and time, Regnerus would have been able to survey enough young adult children raised by gay parents in the desired years, but of course, the study was commissioned as anti-gay-rights political propaganda and so had a deadline for pernicious exploitation in the 2012 elections.

As though it were not bad enough that 1) Gallagher’s propagandizing about Regnerus’s sampling methods ignores that 2) Regnerus made an invalid comparison and that therefore, 3) his study is invalid, Gallagher 4) points to the convenience and snowball sampling of previous studies on same-sex parenting attempting to 5) make those previous studies seem less valid than Regnerus’s. Gallagher is not only lying about Regnerus’s study being a valid study; she is lying about past studies not being good ones in comparison to Regnerus’s.

In truth, as long as researchers note in their written studies the limitations of convenience and snowball sampling, their studies can very well be valid. All else being equal, 1) valid probability-based studies are stronger than 2) valid snowball-based studies, but, 3) a valid snowball study conclusion is always scientifically valid, whereas 4) an invalid probability-based study conclusion always is invalid.

Gallagher’s deviousness regarding sampling method propaganda on Regnerus is especially on view here, where she wrote: “Eighteen social scientists have responded to the attempt to discredit Prof. Mark Regnerus;”

Gallagher there defines the accurate criticism of Regnerus’s not having made a valid comparison between his test and control groups as “the attempt to discredit Prof. Mark Regnerus,” and she does that while quoting and linking to a propaganda letter from Byron Johnson, Senior Fellow of the Witherspoon Institute, which funded Regnerus’s study, which propaganda letter then rehashes the sampling methods propaganda, without ever mentioning that Regnerus did not make a valid comparison between his test and control groups. That is to say, Gallagher maligns Regnerus’s critics as attempting to “discredit” him, while repeating the same distracting, irrelevant, accurately discredited arguments for which Regnerus’s critics are criticizing him. In defense of a lie, Gallagher repeated a lie. Just how far would she get with such behavior, under oath on a witness stand in a court of law?

It must be observed that both Regnerus and his funders are engaging in the same irrelevant statements about sampling methods, apparently to distract from the fact that Regnerus made no valid comparison between a test and a control group. They appear to have coordinated their propaganda campaign strategy for the study. It is not credible that Regnerus does not understand the necessity for a valid comparison between a test and a control group. It would really be quite something if, having never discussed the matter with each other, NOM/Witherspoon and, in complete isolation from NOM/Witherspoon, Regnerus each started jabbering about irrelevant sampling method propaganda while neglecting to talk about the importance of having a valid comparison between a test and a control group.  That would be quite the coincidence!

As Regnerus’s UT colleague sociologist Debra Umberson says: “Regnerus’ study is bad science. Among other errors, he made egregious yet strategic decisions in selecting particular groups for comparison.”

NOM and Gallagher Appear to be Misrepresenting Their Relationship with Regnerus

In this National Review article, Gallagher alleges that “Professor Regnerus has been unusually open and transparent about how the study was conducted.” She further alleges that Regnerus did not intentionally design the study to fail, but that planned gay-headed families are “so rare that they barely turned up in the data.”

As far as Gallagher’s claim that Regnerus “did not intentionally design the study to fail,” the combination of 1) insufficient data collected from the demographic allegedly to be studied, combined with 2) the use of data collected from extraneous demographics to reach a scientifically invalid study conclusion about the alleged target demographic, certainly 3) suggests that the study plan was contrived to produce a pre-determined result convenient to NOM’s election year anti-gay-rights politicking.

In truth, furthermore, there has not been even minimal transparency in how Regnerus’s got his study plan approved and funded by NOM leaders.

According to the CV document on Regnerus’s own website,  Regnerus received a $55,000 “planning grant” for his study from The Witherspoon Institute.

Planned gay-headed families from the period covered by Regnerus’s study, the 1970s – 1990s, existed, and exist, but the first question one would ask in attempting to survey them through probability sampling would be “How much money and time will it take for me to survey an adequate number of this minority population?”

There is no evidence, so far, that Witherspoon and Regnerus used the $55,000 “planning grant” to carry out a pilot study.  A pilot study would have told them how much money and time they would need to spend, in order to survey an adequate number of young adult children of gay and/or lesbian parents. Had they done such a pilot study with their $55,000 “planning grant” money, they would not have gone ahead to fund the full study for $785,000, only to discover that they did not have adequate respondents from the target demographic.  They either would have spent more money and time to survey the target demographic, or they would have concluded that it simply was not possible to carry out the intended study, given their funding and time limitations. And, however that might be, no reputable sociologist ever goes ahead and makes an invalid comparison between his test and control groups, if he turns out not to be able to adequately survey subjects for his test group, as happened with Regnerus.

Furthermore, having given Regnerus the $55,000 “planning grant,” the Witherspoon Institute had at least this much influence over the rest of the study; if it did not like Regnerus’s plan for the study, it was under no obligation to give him full study funding.

In order to understand exactly how Regnerus and The Witherspoon Institute together agreed to proceed with a study plan for full funding  — and that is what happened, Regnerus and Witherspoon together agreed to proceed with a study plan using full funding — the public must see complete documentation of communications between Regnerus and Witherspoon regarding the study.

I first requested documentation for all communications about the study between Regnerus and Witherspoon from the University of Texas, which told me it was assembling that documentation and would have it to me shortly. When I did not receive the documentation, I inquired, and was told I would have to file a Public Information Act request for it. I did that; UT alleges that it is processing my request. However, Sofia Resnick of The American Independent interviewed me for her article on the anti-gay, religious-right fringe group The American College of Pediatric’s use of the Regnerus study in a DOMA-related court brief. Resnick told me that The American Independent made a FOIA request for documentation on the Regnerus study, but that UT told her they were withholding the documentation, because they have asked the Texas State Attorney General, Republican Greg Abbott, for authorization not to release the documentation.

Regnerus, Witherspoon and UT could jointly decide to release all communications regarding the study to the public — if they wanted to — in the interest of being, as Gallagher put it; “unusually open and transparent about how the study was conducted.”  For this article, Gallagher was sent a specific request for that documentation, to which she did not respond.

Additionally, Witherspoon appears to be misrepresenting an aspect of the study on its stand-alone site devoted to it. On that site’s Q&A page, question number 12 asks why no liberal groups funded the Regnerus study.  The response appears to be classic NOM-style trickery.  It is worth reading the response and an analysis of the response, to understand the depths of misrepresentation, i.e. lying, to which NOM/Witherspoon are sinking in the Regnerus matter. Here is Witherspoon’s answer for why no liberal groups funded Regnerus’s study:

“the Witherspoon Institute approached four different funding sources that were known to be committed to gay rights and also to have an interest in the welfare of children. They were asked to be partners by providing financial support to fund a study (the NFSS) with the proviso that none of the funding sources would have any influence regarding the design, implementation, or interpretation of the data. They were told the study would be conducted at a major research university and that the team of scholars involved in the design of the study would be evenly represented across ideological lines. All four declined.”

That answer says that the four pro-gay-rights groups were told that “none of the funding sources would have any influence regarding the (study) design, implementation, or interpretation of the data.”

Right there, we have a glaring lie; “influence” over a study includes a broad range of possible means of influencing the study. Witherspoon obviously was free not to fund Regnerus’s full study if it did not like his study design; that is a major form of influence. Witherspoon is attempting to create an impression that four pro-gay-rights organizations fled from funding the study after being told they would have no influence over the study — though that is likely not the reasons such groups would decide not to fund this study — and simultaneously, Witherspoon is lying by saying that it had no influence whatsoever over the study plan.

Moreover, how is the public even to know whether Witherspoon really approached four pro-gay-rights groups who then declined to fund the Regnerus study? Why did they decline? Do they verify that Witherspoon told them what Witherspoon claims to have told them?  I contacted The Witherspoon Institute and asked the identity of the four pro-gay-rights groups that Witherspoon allegedly approached. Witherspoon refused to provide that information. Witherspoon used the excuse that it does not disclose donor information, yet these four phantom gay-rights-groups did not donate to Witherspoon; they are not Witherspoon donors on the Regnerus study.

An e-mail was sent to Gallagher, asking her to come through with the identity of those four pro-gay-rights groups alleged to have been approached; Gallagher made no reply. She did, however, find time to take this lying pot-shot at me on The National Review. Gallagher there alleges that I say she has blood on her hand for opposing gay marriage.  I have never said that.  I do have a problem, however, with Gallagher’s NOM sponsoring anti-gay hate rallies where NOM speakers yell through megaphones that homosexuals are “worthy to death.” Moreover, as previously stated, Gallagher has often been sent offers to provide documentation showing that anything I have written about her is not factual; she has never furnished any such documentation. Our offer stands to publish corrections to any non-factual thing we may have published about her. Not to use the vernarcular, but (***crickets***).

In sum, Witherspoon is suspiciously impeding all fact-checking of its claims about four pro-gay-rights groups allegedly approached to help to fund the study. It is not credible that pro-gay-rights groups would not wish to communicate with the media regarding Witherspoon’s claims about them. Remember Gallagher’s misleading words: “Professor Regnerus has been unusually open and transparent about how the study was conducted.”

If as Gallagher is claiming, Regnerus did not “design the study to fail,” why are The Witherspoon Institute, Regnerus and UT withholding full documentation for how those parties agreed to the study plan, from their first communications about a possible study, through to the time that Witherspoon gave Regnerus a $55,000 “planning grant,” and then through to the time that Witherspoon approved Regnerus’s plan and his full study funding?

What are they hiding, if the study was not designed to fail?  You have to remember that in Gallagher’s mind, twisted with bullying non-acceptance of gay people and contempt for their rights, Gallagher would consider a study planned to smear gay people a splendid success, if it wound up smearing gay people.  Thus, when Gallagher says that Regnerus did not intentionally design the study to fail, she could within herself mean that he did not design it to fail NOM’s needs for it as political propaganda.

Gallagher Lies About Sources Making Allegedly Independent Assessments of Regnerus’s Study

Look at what Gallagher says in this National Review article: “Major family scholars such as Paul Amato . . . .  affirm that this is an excellent study, indeed probably the best study we have to date on gay parenting.” Notice, Gallagher said “Major family scholars such as Paul Amato” without naming any other major family scholar. Notice too, that Gallagher did not disclose that Amato was a paid consultant on the Regnerus study. So the leaders of Gallagher’s anti-gay-rights organization got money to pay Amato to discuss the Regnerus study, and then Gallagher points to Amato as a “major family scholar” who affirms that this is “an excellent study, indeed probably the best study we have to date on gay parenting.”

Not only was Amato a paid consultant on the Regnerus study; he has no credentials in the specific field of gay parenting, yet the journal Social Science Research, which published Regnerus’s study, published an Amato commentary on the study. What happened? Had editor James Wright exhausted the list of gay parenting experts, found that none were available to write a commentary, and so felt himself obliged to go with Amato for a commentary, notwithstanding that Amato was a paid consultant on the study?

That dubious move, by the way, is one of the reasons that science publisher Elsevier is referring Social Science Research’s publication of the Regnerus study to the Committee on Publication Ethics for review. Gallagher ends that same National Review article linking to another page by saying: “For access to the studies and to the “comments” by (sic) significant outside scholar, go here.” Again she is calling Paul Amato a “significant outside scholar” as though he had not been paid to consult on the Regnerus study and as though he had credentials in the field of gay parenting.

In a future article, I will explain why I disapprove of Dr. Amato’s involvement in the Regnerus study. However, we simply must not ignore, that when Gallagher alleges that Amato “affirms” that Regnerus produced an “excellent” study, she is being misleading about Amato’s most important take-away.  Look at what Amato wrote in his commentary on the study: “It would be unfortunate if the findings from the Regnerus study were used to undermine the social progress that has been made in recent decades in protecting the rights of gays, lesbians, and their children.”

Cherry-picking your quotes, Mrs. Srivastav?  When are you going to point out in a National Review article about the Regnerus study that Dr. Paul Amato said: “It would be unfortunate if the findings from the Regnerus study were used to undermine the social progress that has been made in recent decades in protecting the rights of gays, lesbians, and their children.”?

When?  We are waiting.

I could write up at least one dozen more Regnerus-study-related lies from Gallagher, but why bother? As I have noted before, NOM’s Maggie Gallagher is characterized by her enthusiasm for lying through her teeth while talking out both sides of her gay-bashing bigot mouth. Gallagher has even lied about gay parents under oath at a congressional hearing. As EqualityMatters put it: “Gallagher’s testimony relies on studies that have nothing to do with same-sex parenting.” Just like the NOM-leaders-commissioned Regnerus “study,” on “gay” parents, n’est-ce pas?

 

New York City-based novelist and freelance writer Scott Rose’s LGBT-interest by-line has appeared on Advocate.com, PoliticusUSA.com, The New York Blade, Queerty.com, Girlfriends and in numerous additional venues. Among his other interests are the arts, boating and yachting, wine and food, travel, poker and dogs. His “Mr. David Cooper’s Happy Suicide” is about a New York City advertising executive assigned to a condom account.

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OPINION

SCOTUS Justices Appear to Want to Toss Obstruction Charges Against Some J6 Defendants: Experts

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Republican justices on the U.S. Supreme Court appeared skeptical of a law used to prosecute over 300 January 6 defendants, and Donald Trump, as they heard oral arguments Tuesday.

“A decision rejecting the government’s interpretation of the law could not only disrupt those prosecutions but also eliminate two of the federal charges against former President Donald J. Trump in the case accusing him of plotting to subvert the 2020 election,” The New York Times reports.

“January 6 insurrectionists had a great day in the Supreme Court today,” Vox‘s Ian Millhiser reported. “Most of the justices seem to want to make it harder to prosecute January 6 rioters.”

Millhiser on social media put it this way: “On Monday, the Supreme Court effectively eliminated the right to hold a Black Lives Matter protest in three US states. On Tuesday, the same justices were very, very afraid that January 6 insurrectionists are being treated unfairly.”

READ MORE: ‘Scared to Death’: GOP Ex-Congressman Brings Hammer Down on ‘Weak’ Trump

Right-wing justices on the Supreme Court suggested the law, which makes it a crime to obstruct an official proceeding, could be used too broadly.

“Would a sit-in that disrupts a trial or access to a federal courthouse qualify?” Justice Neil Gorsuch asked, as NBC News reported. “Would a heckler in today’s audience qualify, or at the State of the Union address? Would pulling a fire alarm before a vote, qualify for 20 years in federal prison?”

Some legal experts appeared stunned and disappointed by the right-wing justices’ remarks.

“In oral argument today, Justice [Clarence] Thomas is minimizing the severity of the 1/6 insurrection at the Capitol. Perhaps that’s because his wife was part of the conspiracy. What a disgrace that he’s sitting on this case,” attorney and frequent CNN guest Jeffrey Toobin commented.

READ MORE: ‘I Have a Bucket of Water’: Dems to Save Johnson’s Job Over GOPer Who Wants ‘World to Burn

“The text of the obstruction law the Supreme Court is considering today pretty clearly applies to January 6 defendants. Will the purportedly textualist conservative majority, as in Trump v. Anderson, once again bypass text to avoid accountability for Trump and his supporters?” asked former federal corruption prosecutor Noah Bookbinder, who is now president of the government watchdog Citizens for Responsibility and Ethics in Washington (CREW).

“Supreme Court expressed concern that Jan 6 prosecutions could chill violent insurrections against democracy,” wrote Scott Shapiro, a Yale Law School professor of law and professor of philosophy.

Elie Mystal, The Nation’s justice correspondent, did not hold back.

“The six conservative justices are absolutely trying to figure out how to throw out the obstruction charges against their cousins and wives and pledge brothers who attacked the Capitol on January 6,” he wrote.

Similar to Millhiser’s comparison, Mystal remarked, “If you think that trash you just heard from the Supreme Court about protecting J6 rioters will *ever* be applied to peaceful Black protesters, think again.”

READ MORE: ‘Something’s Fishy Here’: Trump’s Latest $175 Million Bond Filings Questioned by Experts

 

Image via Shutterstock

 

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‘I Have a Bucket of Water’: Dems to Save Johnson’s Job Over GOPer Who Wants ‘World to Burn’

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Mike Johnson can count on at least some Democrats to save his job after a second Republican announced he supports U.S. Rep. Marjorie Taylor Greene‘s efforts to remove the embattled GOP Speaker of the House. Weeks ago Greene filed a motion to “vacate the chair,” which she can call up at any time to force a vote that could lead to Johnson losing his gavel.

“I just told Mike Johnson in conference that I’m cosponsoring the Motion to Vacate,” U.S. Rep. Thomas Massie (R-KY) declared late Tuesday morning. “He should pre-announce his resignation (as Boehner did), so we can pick a new Speaker without ever being without a GOP Speaker.”

“You’re not going to be the speaker much longer,” Massie directly told Speaker Johnson, Politico reports, citing two lawmakers in the room.

Asked by a social media user, “What was the straw that broke the Camel’s Back? FISA? Foreign War Funding? Spending more than Nancy Pelosi? All of the above?” Massie replied: “All of the above. This camel has a pallet of bricks.”

Like many far-right House Republicans, Massie is furious Speaker Johnson plans to put on the floor foreign aid and national security legislation to support Ukraine, Israel, and Taiwan this week, only after Iran’s attack on Israel over the weekend forced his hand.

“Friday, we have one less Republican in the majority as Rep Gallagher leaves instead of finishing his term,” Massie wrote earlier Tuesday morning, referring to exiting U.S. Rep. Mike Gallagher (R-WI). “As a going away gift, Speaker Johnson plans to force the senate to take up Gallagher’s bill to ban tiktok and give Presidential power to ban websites.”

READ MORE: ‘Something’s Fishy Here’: Trump’s Latest $175 Million Bond Filings Questioned by Experts

“But still no border,” Massie lamented, referring to Republicans’ top priority after Donald Trump made clear he will campaign on an anti-immigrant platform and urged Republicans to block bipartisan legislation to fund additional border security.

(President Joe Biden and Senate Democratic Majority Leader Chuck Schumer supported the Senate’s bipartisan bill, which would have provided aid to Ukraine, Israel, Taiwan, humanitarian assistance to Gaza, and a massive increase in border security. It was killed in the Senate after Republican Minority Leader Mitch McConnell pulled his support in response to Trump’s remarks.)

Congresswoman Greene, who was accused by U.S. Rep. Jared Moskowitz last week of not having enough votes to “rename a post office,” much less unseat Speaker Johnson, responded to Massie’s remarks:

“Johnson is the Deep State Speaker of the House funding the Democrat’s agenda in an omnibus, blocking warrant requirements for FISA, this week ramming through billions for Ukraine, and now this after allowing Gallagher to leave his district without representation. Can’t continue.”

She also posted Massie’s signature signing onto her Motion to Vacate.

In a show of support for Johnson, last week Donald Trump held a joint press conference with the embattled Speaker, during which both attacked immigrants and Johnson vowed legislation to ban non-citizens from voting. It is already a federal felony for non-citizens to vote.

CNN’s Manu Raju reports, “after Gallagher resigns — Johnson would almost certainly need Democrats to save his job if the motion to oust him comes up for a vote. Democratic Rep. Jared Moskowitz says he would save Mike Johnson’s job if MTG [Marjorie Taylor Greene] brings motion to oust him.  Others like Democratic Rep. Tom Suozzi also said they would vote to save Johnson  ‘Democrats don’t even let her rename post offices, I’m not gonna let her make a motion to vacate,’ Moskowitz told me.”

Moskowitz responded, saying: “My position hasn’t changed. Massie wants the world to burn, I won’t stand by and watch. I have a bucket of water.”

READ MORE: ‘Scared to Death’: GOP Ex-Congressman Brings Hammer Down on ‘Weak’ Trump
 

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‘Something’s Fishy Here’: Trump’s Latest $175 Million Bond Filings Questioned by Experts

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Attorneys for Donald Trump waited until less than two hours before midnight Monday to file revisions to the ex-president’s $175 million bond for the judgment in his civil fraud case after New York State Attorney General Letitia James questioned the validity of his first bond. Legal experts are now questioning details of the new bond filings. Some suggest a portion of the $175 million might also currently be in use to secure other debts or obligations.

After Trump was found liable for manipulation of his net worth in the civil business fraud case and ordered to pay a $354.9 million penalty plus interest, he was required to post bond to ensure the people of the State of New York would receive $454.2 million if his appeal is unsuccessful.

“The judge said that the former president’s ‘complete lack of contrition’ bordered on pathological,” The New York Times reported two months ago.

Trump’s attorneys later declared it impossible for him to come up with a bond of that amount, and an appeals court drastically reduced the required bond amount to $175 million.

READ MORE: ‘Your Client Is a Criminal Defendant’: Judge Denies Trump Request to Skip Trial for SCOTUS

After 10 PM Monday night, ahead of the midnight deadline, attorneys for Donald Trump in court filings said the $175 million bond is secured, and is tied to a Trump account at Charles Schwab that has over $175 million in cash, CNN reports. The filing states the California company securing the bond, Knight Specialty Insurance Company (KSIC),  has administrative access to it and can pay out the $175 million if needed.

Trump’s attorneys “asked the judge to set aside the attorney general’s challenge to the bond and award him costs and fees.”

Professor of law Andrew Weissmann, a frequent MSNBC legal analyst and former Dept. of Justice official, is raising questions.

“Something’s fishy here,” he wrote late Monday night. “If Trump has $175M free and clear, why not just directly post it and not pay a fee for a surety bond? And the agreement does not give Knight a lien on the account as collateral and seems to afford Trump a two-day window to dissipate the account.”

A screenshot of a portion of the filing, posted by MSNBC’s Lisa Rubin, states, “Schwab, as custodian of the account, has acknowledged KSIC’s right to exercise control over the account within two business days of receiving notice from KSIC of KSIC’s intent to activate the control.”

Attorney and journalist Seth Abramson in a series of posts on social media claimed, “so this is looking very bad for Donald Trump. He says in his Monday night filing that the Schwab account has $175.3 million *in total*, so *if* Axos Bank is depending on that same account for a (semi-)liquid $100M in collateral on another loan, this bond filing is DOA.”

After asking, “Is Trump double-dipping?” Abramson posted more details.

NCRM has not verified those claims.

Attorney Lupe B. Luppen adds, “it took about ten seconds from opening the account security agreement to find a significant drafting error, which makes the signature page look like it belongs to a different agreement (DJT Jr’s attestation identifies the wrong secured party—a Chubb co.).”

READ MORE: ‘Scared to Death’: GOP Ex-Congressman Brings Hammer Down on ‘Weak’ Trump

Late Monday night on MSNBC Weissmann “expressed incredulity,” as Mediaite reported, saying of Trump and his bond: “It is just so remarkable. This is somebody who has been found by two juries to have defamed somebody, who has been found to have sexually assaulted somebody – the company of which has been found criminally liable for a decade-long tax conspiracy, criminally, and has been found to have committed fraud, has to post a bond of $175 million, is on trial starting today for a criminal case involving 34 felonies.”

“And he can’t find a frigging company that is registered in New York? Meaning, that they are licensed to do business here, which it appears they are not, and that has the wherewithal to pay the money because remember, the whole point is that you either have to put up the money now or you have to find a bond company that is sufficiently liquid that the plaintiff can look to that bond company if at the end of the day the judgment is affirmed.”

Attorney General Letitia James earlier had alleged KSIC, the company that secured the bond, was not registered to do so in New York. Experts questioned the language of that filing, claiming it did not require the company that secured the bond to actually pay out $175 million should Trump lose his appeal and be ordered to pay the full amount.

Calling it a “bizarre contract,” earlier this month The Daily Beast reported, “the legal document from Knight Specialty Insurance Company doesn’t actually promise it will pay the money if the former president loses his $464 million bank fraud case on appeal. Instead, it says Trump will pay, negating the whole point of an insurance company guarantee.”

READ MORE: ‘Not a Good Start’: Judge Slams Trump’s ‘Offensive’ Recusal Claims as a ‘Loose End’

 

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