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Ted Olson’s Best Quotes From Prop 8’s Closing Arguments

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Like so many of us, I spent much of the latter part of this week focused on the closing arguments of Perry v. Schwarzenegger, the federal trial that will determine the constitutionality of Prop 8. I read the questions asked by, then the answers submitted to, Judge Walker. Then, Wednesday, the actual final day of the trial, I followed intently every word from both sides, and had this overwhelming desire to tweet so many of the statements, but it was hard enough to stay on top of the almost real-time transcript provided courtesy of The American Foundation for Equal Rights (AFER,) who also provided the official transcript which I have gone through several times now, and pulled what I think are some of the best parts of the closing arguments for you to savor. I’ve added my personal thoughts after a few, in italics.

As you know, Ted Olson is the lead counsel for the plaintiffs, the pro-marriage equality side. Everyone, including Maggie Gallagher, the founder of the National Organization for Marriage, feels Olson’s work, along with David Boies, his co-counsel, was so expert we have a strong chance of winning. In fact, Maggie, already shilling for your money, said, “I expect Judge Walker will overrule Prop 8.”

With that, I give you some of Ted Olson’s best statements during Wednesday’s closing arguments. If you want to know what the other side said, read my piece at Change.org: “Gay People Cannot Be Allowed To Marry Because Straight People Cannot Be Trusted?

And we’re off!

Olson speaking to the judge:

For example, you asked, “How does permitting same-sex couples to marry in any way diminish the procreative aspect or function of marriage, or denigrate the institution of marriage for heterosexuals?”
Lead counsel responded: “Your Honor, because it will change the institution. If the institution is deinstitutionalized,” he said, “Mr. Blankenhorn will testify that will likely lead to very real social harms, such as lower marriage rates and high rates of divorce and nonmarital cohabitation, with more children raised outside the marriage and separated from at least one of their parents.”

Then, this important tidbit, which proves animus –“hostility or ill feeling,” which, if proved was the reason for the voters’ prop 8 decision, would require the judge to overturn Prop 8.

“It is revealing, it seems to me, that the deinstitutionalization message is quite different from the thrust of the proponents’ Yes on 8 election campaign. That, in the words they put into the hands of all California voters, focused heavily on: Protect our children from somehow learning that gay marriage is okay. Protect our children from learning that gay marriage is okay.
Those are the words that the proponents put in the ballot — in the voter information guide that was given to every voter.”

Certainly, many of us saw those ads on TV: Save our children! Horrors!

“The Supreme Court has said that: Marriage is the most important relation in life. Now that’s being withheld from the plaintiffs. It is the foundation of society. It is essential to the orderly pursuit of happiness. It’s a right of privacy older than the Bill of Rights and older than our political parties. One of the liberties protected by the Due Process Clause. A right of intimacy to the degree of being sacred. And a liberty right equally available to a person in a homosexual relationship as to heterosexual persons.”

Regardless of the outcome of this case, or even when — because it is when, not if — it goes to the Supreme Court, we must always remember what the Supreme Court has said about marriage. And every time someone from Maggie Gallagher’s NOM says that “gay marriage” is not a civil right, we can retort, “Neither is ‘straight marriage.’ But ‘marriage’ is.”

“[Marriage] is a right belonging to Californians, to persons. It is not a right belonging to the State of California.”

“No one aspires as a child to grow up and enter into a domestic partnership. But they do aspire as children to grow up and be married.”

“Proposition 8 discriminates on the basis of sex in the same way that the Virginia law struck down in Loving discriminated on the basis of race. They could marry whoever they want, unless that person was the wrong race.”

“So how does preventing same-sex couples from getting married advance the interest or protect the interest of procreation? They are not a threat to us.
What one single bit of evidence that they are a threat to the channeling function? If you accept that California has the right to do that in the first place. And I do not.
This is an individual constitutional right. And every Supreme Court decision says that it’s a right of persons. Not the right of California to channel those of us who live in California into certain activities or in a certain way.”

“[W]e had expert witnesses that talked about the history of marriage going far back. Not 30 years, but far back into history what marriage has always been. The Supreme Court said older than the Bill of Rights, older than our political parties. That’s not something new. It’s marriage. It’s not single-sex marriage or interracial marriage or anything like that.
Mr. Cooper says you have to accept the fact that — “First of all, you have to accept my definition. It has to be between a man and a woman. Then, if you have a marriage between a man and a man or a woman and a woman, it will change the marriage.”
Well, of course it will, because you started by defining the term that you wanted to define.”

“What we’re talking about here is allowing individuals who have the same impulses, the same drives, the same desires as all of the rest of us, to have a relationship in harmony, stability, and to form a family and a neighborhood, all of those things that the Supreme Court talked about.
And, now, tell me how it helps the rest of the citizens of California to keep them out of the club. It doesn’t.”

Indeed. It does not.

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RIGHT WING EXTREMISM

John Eastman Will Face Charges if Continues ‘Frivolous Argument’ Against Capitol Riot Probe: Adam Schiff

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John Eastman, the far-right lawyer who authored Trump’s “coup memo,” announced on Friday that he would be defying a subpoena from the House January 6 Committee.

Appearing on CNN later in the day, Rep. Adam Schiff (D-CA) made clear that Eastman is free to plead the Fifth if he has a good-faith reason to fear he could incriminate himself — but that doesn’t entitle him to a free pass to ignore investigators.

“Eastman says the partisan makeup of the committee, he says makes it invalid and doesn’t need to cooperate,” said anchor Wolf Blitzer. “What do you say to that?”

“Well, that was a frivolous argument,” said Schiff. “If he uses that as a basis to refuse to answer questions, he will be in contempt of the committee, simple and straightforward. So we’ll be seeing with each witness… whether they’re properly invoking a privilege or to stall and delay for the former president, and will make the judgment as to what the repercussions should be once we see and hear the testimony.”

READ MORE: Trump DOJ official Jeffrey Clark postpones Capitol riot testimony due to ‘medical condition’

This comes after former Trump adviser Steve Bannon was indicted on contempt charges for ignoring the committee, and as former DOJ lawyer Jeffrey Clark faces an upcoming contempt vote by Congress.

Watch below:

 

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COMMENTARY

Marjorie Taylor Greene Cries She’s the ‘Most Attacked’ – Less Than 24 Hours After Labeling All Democrats ‘Communists’

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If it seems like it was just yesterday that U.S. Congresswoman Marjorie Taylor Greene labeled the President of the United States and in fact every Democrat in the country “communists,” it was, which is why it might seem strangely hypocritical that the Republican from Georgia minutes ago was labeling herself the “most attacked” freshman member of Congress in all of U.S. history.

“Joe Biden is a communist,” Greene declared strongly Thursday evening. “And that’s who the Democrats are – they’re communists.”

“You know, a lot of people are swallowing down the word ‘socialist,’ but that’s not a good enough word for Democrats – they are communists,” Greene told her supporters, clearly ignorant of the words’ meanings.

“That’s the word we need to keep using with them,” she continued. “Because they’re using these unprecedented, authoritarian, tyrannical controls on the American people to force people to comply.”

But Greene was singing a very different tune Friday afternoon.

“I have been the most attacked freshman Member of Congress probably in United States history,” Greene cried in a video she posted to social media. “The media has defamed me. They have completely smeared my character. Called me names and labeled me horrible things, none of which I am. None of the things they have said are true about me.”

What has been said about Congresswoman Greene in the legitimate media? Unlike her videos, there’s a high degree of likelihood it’s mostly true.

Here’s a portion of what The New York Times wrote in January:

Marjorie Taylor Greene had just finished questioning whether a plane really flew into the Pentagon on Sept. 11, 2001, and flatly stating that President Barack Obama was secretly Muslim when she paused to offer an aside implicating another former president in a crime.

“That’s another one of those Clinton murders,” Ms. Greene said, referring to John F. Kennedy Jr.’s death in a 1999 plane crash, suggesting that he had been assassinated because he was a potential rival to Hillary Clinton for a New York Senate seat.

Ms. Greene casually unfurled the cascade of dangerous and patently untrue conspiracy theories in a 40-minute video that was originally posted to YouTube in 2018.

Ms. Greene suggested in a 2018 Facebook post, unearthed this week by Media Matters, that a devastating wildfire that ravaged California was started by “a laser” beamed from space and controlled by a prominent Jewish banking family with connections to powerful Democrats. She endorsed executing Democratic lawmakers, including Speaker Nancy Pelosi. She served as a prolific writer for a now-defunct conspiracy blog called “American Truth Seekers,” writing posts with headlines including “MUST READ — Democratic Party Involved With Child Sex, Satanism, and The Occult.” And she argued that the 2018 midterm elections — in which the first two Muslim women were elected to the House — were part of “an Islamic invasion of our government.”

Ms. Greene has repeatedly claimed in multiple videos and social media posts that several school shooting massacres were “false flag” events perpetrated by government officials in an attempt to drum up support for gun control laws. In an October 2020 video surfaced on Friday by Mother Jones, she said that the “only way you get your freedoms back is it’s earned with the price of blood.”

Ms. Greene is perhaps best known for having endorsed QAnon, the pro-Trump conspiracy movement that claims that Mr. Trump was facing down a shadowy cabal of Democratic pedophiles.

That was almost an entire year ago. You’re probably more familiar with all the baseless and unfounded attacks she has made since.

Greene has made lying about and attacking Democrats part of her weekly, if not daily routine. Sometimes those attacks have been very personal – and very close. Like when she followed Parkland shooting survivor and gun control activist David Hogg around the streets of D.C. He said he felt she was threatening him. Or more recently, when she verbally assaulted U.S. Rep. Alexandria Ocasio-Cortez on the steps of Congress. That was one of her countless attacks against the New York Democrat who Greene seems disturbingly obsessed with.

But if indeed Greene is the “most attacked” freshman member of Congress in all of U.S. history, she has only herself to blame.

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BREAKING NEWS

On the Lam?: FBI Now Searching for Parents of Michigan Accused High School Shooter – Sheriff Says They’re ‘Missing’

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James and Jennifer Crumbley, parents of accused high school mass shooter Ethan Crumbley, appear to be “missing,” according to Oakland County Sheriff Michael Bouchard.

Sheriff Bouchard says his office is now searching for the Crumbleys, but they cannot be found and are not returning calls from their attorney.

MSNBC reports the FBI and U.S. Marshals are currently searching for them.

The Crumbleys will face four counts of homicide involuntary manslaughter. Their son, Ethan, is facing murder and terrorism charges, in addition to other charges.

Prosecutor Karen McDonald Friday afternoon detailed the alarming note and drawings that led to school administrators summoning the Crumbleys to the school. Among the words on the note, “the thoughts won’t stop help me,” “blood everywhere,” and “The world is dead.”

Watch:

EARLIER:

‘Blood Everywhere’ and ‘The World Is Dead’: Prosecutor Details Accused School Mass Shooter’s Alarming Note

Prosecutor Reveals Disturbing Texts, Involuntary Manslaughter Charges Against Parents of Michigan High School Accused Shooter

Michigan School Shooting Suspect’s Mom Thanked Trump for Right to Bear Arms in Vulgar 2016 Open Letter

 

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