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UN General Assembly Votes To Allow Gays To Be Executed Without Cause

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Gay, lesbian, bisexual, and transgender people were once again subject to the whims of homophobia and religious and cultural extremism this week, thanks to a United Nations vote that removed “sexual orientation” from a resolution that protects people from arbitrary executions. In other words, the UN General Assembly this week voted to allow LGBT people to be executed without cause.

According to the International Gay and Lesbians Human Rights Commission, the UN General Assembly’s Third Committee on Social, Cultural and Humanitarian issues removed “sexual orientation” from a resolution addressing extrajudicial, summary or arbitrary executions this past week in a vote that was overwhelming represented by a majority of African, Middle East and Carribean nations.  For a UN committee that addresses human rights questions that affect people all over the world, by removing protections for LGBT persons from a category of arbitrary executions,  belies the objective and purpose of a committee whose  focus this year is “on the examination of human rights questions,” according to its website.

A number of LGBT human rights advocates were surprised by the decidedly lop-sided vote, including Mark Bromley, the chair of the Council on Global Equality, a Washington, D.C. based organization that brings together human rights organizations, LGBT groups, philanthropists and corporate leaders to “encourage a clearer and stronger American voice on human rights concerns impacting LGBT communities around the world.”

“I was very surprised by the vote,” said Bromley, who had been in contact with the United States Mission to the United Nations delegation all day Tuesday, who were trying to beat back efforts to strip sexual orientation from the resolution.  But because the U.S. supports capital punishment, they usually abstain from voting on this resolution, thus they are in a weakened position with one arm tied behind their backs, according to Bromley. “But that said, the State Department did everything possible to beat back the efforts to repeal protections for LGBT persons,” he added.


For further analysis into this story, read Tanya Domi’s latest piece at The New Civil Rights Movement, “UN Vote Allowing Gays To Be Executed Result Of Political, Religious Fundamentalism.”

The U.K. gay rights and human rights campaigner Peter Tatchell said,

“This is a shameful day in United Nations history. It gives a de facto green light to the on-going murder of LGBT people by homophobic regimes, death squads and vigilantes. They will take comfort from the fact that the UN does not endorse the protection of LGBT people against hate-motivated murder.

“The UN vote is in direct defiance of the Universal Declaration of Human Rights, which guarantees equal treatment, non-discrimination and the right to life. What is the point of the UN if it refuses to uphold its own humanitarian values and declarations?

“This vote is partly the result of a disturbing homophobic alliance between mostly African and Arab states, often inspired by religious fundamentalism. LGBT people in these countries frequently suffer severe persecution.”

In an issued statement explaining the U.S. vote, a representative of the U.S. UN delegation said,

At the outset, let me say that the United States strongly agrees with and appreciates the cosponsors’ efforts to retain language specifically condemning ESAs [extrajudicial, summary, or arbitrary executions] targeting vulnerable groups, particularly members of the LGBT community, and we were dismayed that this reference could not survive an unfriendly amendment.

Bromley expressed great disappointment in losing all the Southern African countries on the vote, including Angola, Botswana, Mozambique, Nambia and South Africa, the latter, whose domestic laws and record on LGBT civil rights have held great regard throughout the world.  Nonetheless, according to Bromley, from the days of  former President Thabo Mbeki through present day leader Jacob Zuma, South Africa has been recalcitrant in its opposition to extending human rights to LGBT persons within international legal structures.

Another region that unanimously supported the removal of sexual orientation from the resolution were the Carribean nations.  Most noteworthy was the support from the Bahamas, Cuba, Haiti and Jamaica.  Bromley indicated that the U.S.  and human rights groups in the hemisphere have opportunities to forcefully advance LGBT rights through the Organization of American States (OAS) and Inter-American Commission on Human Rights.  Brazil and Uruguay are international leaders on LGBT rights and can play a constructive role in bringing Carribean nations into the OAS fold on these issues, according to Bromley.

Middle East countries that principally observe the Muslim religion and its practices, as well as countries whose politics are dominated by Christian fundamentalists, generally oppose LGBT and women’s rights at the UN.  Even the United States has yet to ratify the Convention on the Elimination of Discrimination Against Women (CEDAW).  Indeed, CEDAW has the most “reservations” filed by the most member states of any international human rights convention on record.  A reservation is a statement made by a State which it purports to exclude or alter the legal effect of certain provisions of a treaty in their application.  According to the Office of the UN High Commissioner of Human Rights,

A reservation may enable a State to participate in a multilateral treaty in which it would otherwise be unable or unwilling to do so.  States can make reservations to a treaty when they sign, ratify, accept, approve or accede to it.   When a State makes a reservation upon signing, it must confirm the reservation upon ratification, acceptance or approval…a reservation cannot be contrary to the object and purpose of the treaty.

As an LGBT activist or an observer of UN and international politics, it is important for interested persons to understand that religion and culture play a major role in persuading internal bodies to not extend certain human rights to LGBT persons and women on religious and cultural grounds.  These dynamics have created an  international debate between advocates of “cultural relativism“–those who assert primacy of cultural values over human rights and those who are “universalists,” who believe rights trump cultural concerns.

The United States Mission to the United Nations has an explanation of the U.S.’s vote.

Editor’s note: Thanks to Andrés Duque for bringing this to our attention.

Tanya L. Domi is an Adjunct Assistant Professor of International and Public Affairs at Columbia University, who teaches about human rights in Eurasia and is a Harriman Institute affiliated faculty member. Prior to teaching at Columbia, Domi worked internationally for more than a decade on issues related to democratic transitional development, including political and media development, human rights, gender issues, sex trafficking, and media freedom.

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News

Dominion Wins ‘Blockbuster Victories’ Against Fox News – Last Legal Issue Will Be Decided by a Jury: Report

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Dominion Voting Systems won what are being called “blockbuster victories” Friday afternoon when a judge ruled the company suing Fox News for $1.6 billion in a major defamation lawsuit had met its burden of proof that Rupert Murdoch‘s far-right wing cable channel had repeatedly made false statements.

The final, and likely greatest legal issue Dominion will have to prove will be actual malice. That issue will be decided in a jury trial, Delaware Superior Court Judge Eric M. Davis ruled Friday, according to Law & Crime.

Unlike previous cases, Fox News will reportedly not be able to argue the on-air statements its personalities made were opinion.

CNN legal analyst and Brookings senior fellow Norm Eisen calls Friday’s decision a “huge win for Dominion on their summary judgment motion against Fox News.”

READ MORE: Capitol Police Issue Warning Over Possible Trump Protests ‘Across the Country’

“Dominion won partial summary judgement that what Fox said about them was false! Now they just have to prove actual malice and damages,” Eisen says. “Meanwhile Fox’s motion was totally denied.”

Former U.S. Attorney Joyce Vance, an MSNBC contributor adds: “Dominion’s evidence Fox made false statements with reckless disregard  is as strong as any I’ve seen.”

The judge was very clear in his ruling.

“While the Court must view the record in the light most favorable to Fox, the record does not show a genuine issue of material fact as to falsity,” Judge Davis wrote. “Through its extensive proof, Dominion has met its burden of showing there is no genuine issue of material fact as to falsity. Fox therefore had the burden to show an issue of material fact existed in turn. Fox failed to meet its burden.”

READ MORE: ‘Propaganda Network’: Media Reporter Says Dominion Filing Exposes Fox News as ‘Void of the Most Basic Journalistic Ethics’

Attorney and MSNBC host and legal analyst Katie Phang points to this key passage in Judge Davis’ ruling.

Court watchers and news junkies are familiar at this point with the massive legal filings Dominion has made in which it exposed how Fox News knowingly made false statements regarding the 2020 presidential election. Those filings, each hundreds of pages, also detail internal Fox News communications and bombshell conversations between the company’s top personalities, executives, and even Chairman Rupert Murdoch.

 

Image of Rupert Murdoch via Shutterstock

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RIGHT WING EXTREMISM

Capitol Police Issue Warning Over Possible Trump Protests ‘Across the Country’

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The U.S. Capitol Police and the Senate Sergeant at Arms on Friday jointly issued a statement warning they “anticipate” Trump protests across the country. The statement is not time-specific, and it states it has no information on “credible threats,” but some Democratic offices are allowing staffers to work from home Friday and Tuesday.

“The Sergeant at Arms and United States Capitol Police (USCP) anticipate demonstration activity across the country related to the indictment of former President Trump. While law enforcement is not tracking any specific, credible threats against the Capitol or state offices, there is potential for demonstration activity. USCP is working with law enforcement partners, so you may observe a greater law enforcement presence on Capitol Hill,” the statement reads.

“The SAA and USCP are monitoring the potential nationwide impacts to Senate state offices,” it adds.

The House Sergeant at Arms was conspicuously absent from the statement. Speaker Kevin McCarthy has control over that office.

READ MORE: Trump Trial Could Go Well Into the 2024 Election – Or Possibly Even Past It: Former Prosecutor

Additionally, Axios is reporting, “several House Democrats are allowing staffers to work from home as a safety precaution,” noting that “the memory of Trump supporters ransacking the Capitol on Jan. 6 is still fresh on the mind.”

U.S. Rep. Debbie Dingell (D-MI) is allowing staff to work from home for safety reasons. She told Axios, “I don’t ever want to see a Jan. 6 again.”

“I’ve been in the Trump hate tunnel, Donald Trump has gone after me, and quite frankly I don’t have security. I don’t have entourages.”

She’s not the only Democrat to raise concerns.

“Much of the language from the former President and his devotees is similar to what inspired Jan. 6th,” U.S. Rep. Dean Phillips said. “I’m concerned about safety for my colleagues and my staff.”

READ MORE: ‘Lighting the Match’: Marjorie Taylor Greene Blasted for Off the Rails Rant Defending Trump

Meanwhile, House Republicans are issuing full-throated support for Trump and calling for protests.

U.S. Rep. Marjorie Taylor Greene (R-GA), who was called out by name in a six-page letter Manhattan District Attorney Alvin Bragg sent to Judiciary Chairman Jim Jordan Friday morning, announced she will be in New York on Tuesday to support Trump when he is arraigned. She has posted several tweets since Trump was indicted.

Speaker Kevin McCarthy issued a statement Thursday seemingly designed to gin up rage and action in the MAGA base.

“Alvin Bragg has irreparably damaged our country in an attempt to interfere in our Presidential election. As he routinely frees violent criminals to terrorize the public, he weaponized our sacred system of justice against President Donald Trump. The American people will not tolerate this injustice, and the House of Representatives will hold Alvin Bragg and his unprecedented abuse of power to account.”

 

Image by Elvert Barnes via Flickr and a CC license

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News

Trump Trial Could Go Well Into the 2024 Election – Or Possibly Even Past It: Former Prosecutor

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Donald Trump, and all of America, could spend the next 18 months – or longer – engrossed in Manhattan District Attorney Alvin Bragg’s trial of the ex-president, and that could bring the trial close to Election Day.

That’s according to a former prosecutor in the Brooklyn District Attorney’s office, Charles Coleman, who is now a civil rights attorney and MSNBC legal analyst.

Asked by MSNBC’s Chris Jansing, “How long typically might a case like this take?” Coleman offered a two-tiered answer.

“A case like this is usually going to take a year or a year and a half,” Coleman said.

That could be through September of 2024.

READ MORE: ‘Lighting the Match’: Marjorie Taylor Greene Blasted for Off the Rails Rant Defending Trump

“Wow,” a surprised Jansing replied. “So it’s going right up into the campaign.”

“Absolutely,” agreed Coleman. “But it’s important to understand I said a case ‘like this.’ This particular case, I expect may take longer because I am anticipating a number of different legal maneuvers by Donald Trump’s defense team.”

That theoretically means into October of 2024, or longer.

“I do see motions to dismiss at a number of different terms, more likely than not to the point that the judge probably will ultimately end up admonishing them and telling them stop filing motions to dismiss. I think that that’s going to happen,” Coleman explained.

“I’ve said before, and I’ll say again, I do believe that we are going to see an attempt to try to change the venue, in this case outside of somewhere in the five boroughs. All of that is going to extend the time deeper and deeper into election season.”

READ MORE: Manhattan DA Unleashes on Jim Jordan With Stern Warning: You May Not ‘Interfere’ With Trump Prosecution

Reuters agrees, reporting Friday morning, “any potential trial is still at minimum more than a year away, legal experts said, raising the possibility that the former U.S. president could face a jury in a Manhattan courtroom during or even after the 2024 presidential campaign, as he seeks a return to the White House.”

And because “Trump’s case is far from typical,” Reuters notes, his trial could extend “past Election Day in November 2024.”

 

 

 

 

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