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Utah To 10th Circuit Judges: Hey, That Regnerus Study We Cited, Just Fuhgeddaboudit

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The State of Utah has conducted their defense of traditional marriage in such an appalling manner one almost might feel sorry for them. On December 20, when a federal judge ruled that their ban on same-sex marriage was unconstitutional, state attorneys were entirely unprepared and seemingly didn’t know how to respond. It took them over a week to convince, finally, the Supreme Court to stay the ruling.

That was just the start.

The New Civil Rights Movement’s Eric Ethington wrote at the end of last month:

In the latest round of submitted briefs to the 10th Circuit Court, Utah was forced to submit a clarification brief, asking the court to let them correct more than ninety misspelling, grammar, and incorrect citation errors. As if that wasn’t embarrassing enough, it turns out that the clarification brief had errors of its own, and Utah had to submit another brief to fix the new errors.

(By the way, Ethington reports that in a separate brief filed last night, Utah Republican Attorney General Sean Reyes “quietly filed a Petition For Emergency Extraordinary Relief with the Utah Supreme Court to allow the state to halt adoptions by LGBT parents already in motion.”)

Add to this the news that last night the State of Utah submitted a letter asking the 10th Circuit Court judges to totally disregard any arguments they previously made regarding the work of wholly discredited researcher Mark Regnerus.

Regnerus, you’ll remember, was funded by the religious and anti-gay right, and claimed that his study proved that adult children raised by same-sex parents do profoundly worse in dozens of areas that their peers raised by different-sex parents. That claim has been debunked repeatedly, including many times on these pages.

Zack Ford at Think Progress pulls the relevant quote from yesterday’s letter to the Court:

First, we wish to emphasize the very limited relevance to this case of the comparison addressed by Professor Regnerus. As the State’s briefing makes clear, the State’s principal concern is the potential long-term impact of a redefinition of marriage on the children of heterosexual parents. The debate over man-woman versus same-sex parenting has little if any bearing on that issue, given that being raised in a same-sex household would normally not be one of the alternatives available to children of heterosexual parents.

Second, on the limited issue addressed by the Regnerus study, the State wishes to be clear about what that study (in the State’s view) does and does not establish. The Regnerus study did not examine as its sole focus the outcomes of children raised in same-sex households but, because of sample limitations inherent in the field of study at this point, examined primarily children who acknowledged having a parent who had engaged in a same-sex relationship. Thus, the Regnerus study cannot be viewed as conclusively establishing that raising a child in a same-sex household produces outcomes that are inferior to those produced by man-woman parenting arrangements.

You’ll remember, too, that the judge in last month’s Michigan marriage trial added to the disgrace heaped upon Regnerus and his work:

The Court finds Regnerus’s testimony entirely unbelievable and not worthy of serious consideration. The evidence adduced at trial demonstrated that his 2012 ‘study’ was hastily concocted at the behest of a third-party funder, which found it ‘essential that the necessary data be gathered to settle the question in the forum of public debate about what kinds of family arrangement are best for society’ and which ‘was confident that the traditional understanding of marriage will be vindicated by this study.’ … While Regnerus maintained that the funding source did not affect his impartiality as a researcher, the Court finds this testimony unbelievable. The funder clearly wanted a certain result, and Regnerus obliged.
[Bolding ours]

With absolutely no scientific or non-religion-based arguments left to discriminate against same-sex couples, how long will it take for marriage equality to reach all 50 states?

Stay tuned today to The New Civil Rights Movement for updates on today’s 10th Circuit hearing.

Image: Screenshot of Utah letter, via Equality Case Files on Scribd

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'UNPRECEDENTED'

‘Unlawful Incursion’: Manhattan DA Schools Jim Jordan for Demanding He Testify in Ongoing Trump Investigation

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Manhattan District Attorney Alvin Bragg served up an extensive lesson in American jurisprudence Thursday in his response to House Republican Judiciary Chairman Jim Jordan’s letter demanding he provide communications and testify before Congress on his ongoing investigation into Donald Trump’s hush money payoff to Stormy Daniels.

Jordan’s demand was seen by legal experts as a “purely political attack.” They note Jordan has no constitutional oversight authority over a duly-elected county district attorney.

Bragg is respectfully refusing Jordan’s demands.

Thorough his office’s General Counsel, Bragg sent Jordan a five-page letter (below) filled with numerous citations of federal and state law and legal decisions up to and including from the U.S. Supreme Court, that offer the Judiciary Chairman instruction in the law and that support the District Attorney’s refusal.

READ MORE: ‘Going Full Fascist’: Morning Joe Blasts Trump’s Latest ‘Dehumanizing’ Attack on Manhattan DA Alvin Bragg

In Bragg’s response, he calls Jordan’s letter “an unprecedented inquiry into a pending local prosecution,” and notes it “only came after Donald Trump created a false expectation that he would be arrested the next day, and his lawyers reportedly urged you to intervene.” He tells Jordan, “if charges are brought … it will be because the rule of law and faithful execution of the District Attorney’s duty require it.”

Jordan, who refused to comply with a lawful subpoena issued by the U.S. House Select Committee on the January 6 Attack, had claimed his demand for documents and testimony was in furtherance of a legislative purpose, an effort to examine federal law. Bragg refuted that claim: “Congress cannot have any legitimate legislative task relating to the oversight of local prosecutors enforcing state law.”

“In New York, the District Attorney is a constitutional officer charged with ‘the responsibility to conduct all prosecutions for crimes and offenses cognizable by the courts of the county in which he serves,'” Bragg’s letter continues, offering an education into the concept of federalism and the U.S. Constitution. “These are quintessential police powers belonging to the State, and your letter treads into territory very clearly reserved to the states.”

In a section titled, “Compliance with the Letter Would Interfere with Law Enforcement,” the Manhattan DA’s response says Jordan’s letter “seeks non-public information about a pending criminal investigation, which is confidential under state law.” It adds that “prosecutor’s disclosure of grand jury evidence is a felony.”

Continuing to explain the law to the Chairman of the Judiciary Committee, Bragg’s letter adds:

“These confidentiality provisions exist to protect the interests of the various participants in the criminal process–the defendant, the witnesses, and members of the grand jury- as well as the integrity of the grand jury proceeding itself. Like the Department of Justice, as a prosecutor exercising sovereign executive powers, the District Attorney has a constitutional obligation to ‘protect the government’s ability to prosecute fully and fairly,’ to ‘independently and impartially uphold the rule of law,’ to ‘protect witnesses and law enforcement,’ to ‘avoid flight by those implicated in our investigations,’ and to ‘prevent additional crimes.'”

READ MORE: Trump Lawyer’s ‘Critical Evidence’ Will Help DOJ Make Decision to Charge ‘Without Significant Delay’: Former Prosecutor

It continues, warning Jordan’s “requests are an unlawful incursion into New York’s sovereignty. Congress’s investigative jurisdiction is derived from and limited by its power to legislate concerning federal matters.”

Bragg twice offers to meet with staffers from Jordan’s Judiciary Committee to see if the Chairman’s requests “could be accommodated without impeding those sovereign interests.”

Read the letter posted by Axios’ Andrew Solender below or at this link.

 

 

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News

‘Going Full Fascist’: Morning Joe Blasts Trump’s Latest ‘Dehumanizing’ Attack on Manhattan DA Alvin Bragg

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Days after he wrongly claimed he would be arrested and urged his supporters to “protest,” Donald Trump unleashed a vicious and antisemitic attack against Manhattan District Attorney Alvin Bragg and philanthropist and donor George Soros, leading “Morning Joe” Scarborough on MSNBC to declare the ex-president has gone “full fascist” and even “full Nazi.”

“I mean he’s just going full Nazi here, full fascist,” Scarborough said Thursday morning, just minutes after Trump’s remarks posted on social media.

“You’re doing the whole Jewish international banker thing and and dehumanizing him as an ‘animal,’ calling him an ‘animal,'” Scarborough said.

“That’s ugly,” Mika Brzezinski added.

“And that’s like like straight out of the playbook. Yeah, that’s really that’s really ugly. Yeah, it’s really interesting to see exactly what’s happened with Bragg. He hasn’t taken the bait.”

READ MORE: Trump Lawyer’s ‘Critical Evidence’ Will Help DOJ Make Decision to Charge ‘Without Significant Delay’: Former Prosecutor

Thursday morning, in an all-caps rant, Trump called District Attorney Bragg a “Soros backed animal who just doesn’t care about right or wrong no matter how many people are hurt.”

Scarborough was not being hyperbolic when he said Trump had gone “full Nazi.”

“This is no legal system, this is the Gestapo, this is Russia and China, but worse. Disgraceful!”

The Gestapo were Adolf Hitler’s Nazi secret police.

In a separate post Thursday morning, after his attack on Bragg, Trump again appeared to telegraph a call for violence, writing: “Everybody knows I’m 100% innocent, including Bragg, but he doesn’t care. He is just carrying out the plans of the radical left lunatics. Our country is being destroyed, as they tell us to be peaceful!”

It is possible the grand jury, which is meeting Thursday, could vote on an indictment of Trump. Some say any potential vote would not come before next week.

READ MORE: ‘National Security Implications’: Former DOJ Official Speculates on Ruling Ordering Trump Attorney to Hand Over Docs

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RIGHT WING EXTREMISM

‘Burn It to the Ground’: Kari Lake Undeterred After State Supreme Court Smacks Her Down

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Failed Arizona gubernatorial candidate Kari Lake suffered a devastating blow after the state Supreme Court refused to take up her case challenging the results of her election last November, reported Newsweek on Thursday.

“Speaking at a rally organized by Turning Point Action, Charlie Kirk’s right-wing organization, Lake said: ‘They have built a house of cards in Maricopa County. I’m not just going to knock it over. I’m going to burn it to the ground,'” reported Giulia Carbonaro. “Lake shared a video of her speech, with a caption quoting her comments and a fire emoji.”

Lake is one of the only major statewide Republican candidates last year in a hotly contested race who has refused to concede her loss. She has alleged that her voters were illegally suppressed because of technical glitches with ballot tabulators in certain precincts of Maricopa County, the state’s largest population center, on Election Day.

In reality, there is no evidence of foul play, and Maricopa County election officials provided a backup method for affected ballots to be counted. Furthermore, one reason the glitch may have disproportionately affected Lake’s voters is Trump counseled voters not to mail in their ballots early, based on conspiracy theories — though Lake herself had done the opposite and asked her supporters to vote by mail.

READ MORE: Former Trump official: ‘Folks on both sides of the aisle want to see him arrested’

“Her challenge was thrown out by both Maricopa County Judge Peter Thompson and the Arizona Court of Appeals, which said Lake’s case lacked evidence that the hiccups in the county were intentionally caused by election officials to disenfranchise Lake’s supporters,” said the report. “Lake brought her case to the Arizona Supreme Court, which has declined to hear her case, but did send one of her claims back to a county judge for review. A superior court judge in Maricopa County is now reviewing Lake’s claim that the county did not follow signature verification procedures.”

On top of her litigation failures, Lake was referred to the Secretary of State’s office for investigation after she tweeted out images of what appeared to be real voter ballot signatures, which would be a violation of Arizona state law.

 

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