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California Gov. Signs Bill Outlawing ‘Gay Panic’ Defense That 24 Republicans Voted Against

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Democratic Gov. Jerry Brown has signed a bill into law that bans the use of the so-called “gay panic” or “trans panic” defense. 

In the 1998 murder of Matthew Shepard, attorneys for the killers tried to invoke the “gay panic” defense. The Wyoming judge rightly did not allow it. But just a few years earlier, in a highly-publicized case, attorneys for Jonathan Schmitz used the “gay panic” defense after he murdered his friend Scott Amedure during “The Jenny Jones Show.” 

“Such defenses have been used before, sometimes successfully,” Salon notes. “In the murder of gay high school student Lawrence King, defendant Brandon McInerny — who was found guilty of shooting his classmate in the back of the head twice. But he wasn’t found guilty of murder — just of voluntary manslaughter.”

This week, Governor Jerry Brown signed into law legislation outlawing the defense so ugly it has no right being used. Now, no one will be able to claim that a person’s sexual orientation, perceived or otherwise, or gender expression can be used as a defense in their murder or manslaughter.

AB-2501, the first of its kind in the nation, bans the use of what is commonly referred to as the “gay panic,” or “trans panic” defense.

In August, the bill passed the Senate 25-9, and the Assembly 58-15. No Democrat voted against it, yet a total of 24 lawmakers in the California Senate and Assembly saw fit to say “gay panic” and “trans panic” are acceptable defenses in murder or manslaughter cases.

Now they will face the full charges for their crime, just as if they had killed a heterosexual person,” Jim Reeves at the Visalia Times-Delta reports. “No more ‘momentary insanity’ claims because someone of the same gender (or transgender) made a pass (or you thought they made a pass) at you.”

The bill in part reads:

This bill would state that for purposes of determining sudden quarrel or heat of passion, the provocation was not objectively reasonable if it resulted from the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance towards the defendant, or if the defendant and victim dated or had a romantic or sexual relationship. By changing the definition of a crime, the bill would impose a state-mandated local program.

You can see how lawmakers voted at the California Legislature’s website, and contact Democratic lawmakers or Republican lawmakers to let them know your thoughts.

 

Image via Flickr


Related At The New Civil Rights Movement:

Taking Real Steps To Protect Transgender Kids: A Bridge Too Far For The LGB Community?

Governor Brown Signs FAIR Act, Teaching Gay History Now California Law

 

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Trump Could Face 20 Years Behind Bars for ‘Serious Felonies’ at Mar-a-Lago: Legal Analyst

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A legal analyst for ABC News pointed out that former President Donald Trump is potentially facing 20 years in prison for “serious felonies” after the search of his Mar-a-Lago home.

Dan Abrams told ABC host Jonathan Karl that the Department of Justice could indict Trump for multiple crimes after finding classified documents during the search.

“They’re very serious,” Abrams said of the charges. “And the one that’s being talked about most is this espionage act because it has the word espionage in it. But the truth is that when it comes to potential criminal sentences, the obstruction of justice statute is the one with the most potential prison time.”

“There you’re talking about up to 20 years behind bars,” he added. “So these are not sort of minor crimes we’re talking about here. We’re talking about the potential for serious felonies with regard to all three of the crimes being investigated.”

But Abrams threw cold water on the idea that a Trump prosecution would be easy.

“The fundamental question is going to be intentionality,” he opined. “How much do they believe that they did this on purpose? Were they intentionally ignoring subpoenas? Were they literally destroying documents?”

Watch the video below from ABC.

 

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RIGHT WING EXTREMISM

New Analysis Breaks Down GOP’s Flawed Response to the Mar-a-Lago Search

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Republican lawmakers are reportedly at an impasse on whether or not they should be defending former President Donald Trump amid his latest flurry of legal woes. The party is also facing challenges with navigating some lawmakers’ critical assessments of law enforcement over the Trump investigation.

A new analysis is breaking down Republicans’ seemingly flawed response and how it underscores the cracks in the political party’s foundation.

According to Axios, the analysis comes shortly after documents released on Friday, August 12, offered details about the search which reportedly involved “highly classified materials believed stored in violation of the law at the ex-president’s private residence.”

Prior to the release of those documents, Republicans serving on the House Intelligence Committee participated in a press conference where they continued to criticize the investigation, describing it as being politically motivated.

Rep. Elise Stefanik (R-N.Y.) scrutinized the investigation deeming it a “complete abuse” of authority as she suggested it was being conducted because the former president is considered to be “Joe Biden’s most likeliest political opponent in 2024.”

However, some Republicans on the committee have offered a more leveled approach to the situation. Per The New York Times, “Trump allies have told top Republicans to tone down their criticism of the Justice Department ‘because it is possible that more damaging information related to the search will become public.'”

“It’s incumbent upon everybody to act in a way that’s becoming of the office they hold,” said Rep. Brian Fitzpatrick (R-Pa.), a former FBI agent, “And that’s not casting judgment on anything until you know all the facts.”

Others have attempted to defend the former president. Rep. Mike Turner (R-Ohio) said, “You can say nuclear weapons, but there are things that are highly, highly classified, there are things that are not extremely classified.”

Rep. Marjorie Taylor Greene (R-Ga.) is now selling merchandise on her website in support of a call to “defund the FBI” while Rep. Paul Gosar (R-Ariz.) tweeted, “I will support a complete dismantling and elimination of the democrat brown shirts known as the FBI.”

 

Image: Elise Stefanik with Donald Trump at Mar-a-Lago via Facebook

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Trump Makes False Claims About Classified Documents – And Obama

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Donald Trump is responding to news reports he is under FBI investigation for actions covered by the Espionage Act by making apparently false claims about his mishandling of classified documents and about former President Barack Obama.

“Number one, it was all declassified,” Trump says in a post on his Truth Social site, a claim legal experts say is incorrect. For any president to declassify documents, experts say, there is a process that involves actions being taken on each individual document. They also say the president does not have legal authority to declassify documents related to nuclear weapons.

“Number two,” Trump continues, “they didn’t need to ‘seize’ anything. They could have had it anytime they wanted without playing politics and breaking into Mar-a-Lago. It was in secured storage, with an additional lock put on as per their request.”

READ MORE: FBI Agents Searched Mar-a-Lago for ‘Classified Documents Relating to Nuclear Weapons’: Report

Again, according to reports, that too is false. DOJ issued a subpoena after the National Archives tried to get all the documents back and Trump still did not comply.

“They could have had it anytime they wanted—and that includes LONG ago,” he continues in a separate post on Truth Social. “ALL THEY HAD TO DO WAS ASK.”

Again, multiple reports say they did, numerous times.

READ MORE: DOJ Served Trump With Grand Jury Subpoena for Classified Documents Months Before FBI Raid: Report

None of his responses explain why he had at Mar-a-Lago what we now know were at least 35 cartons – 20 retrieved on Monday and 15 earlier this year – of items including confidential, classified, and top secret documents that were required by law to have been handed over to the National Archives.

“The bigger problem is,” Trump says, “what are they going to do with the 33 million pages of documents, many of which are classified, that President Obama took to Chicago?”

That is also false.

The National Archives on Friday issued a statement after Trump repeatedly spread the false claim that former President Barack Obama had 33 million documents in his possession.

“President Barack Hussein Obama kept 33 million pages of documents, much of them classified. How many of them pertained to nuclear? Word is, lots!” was one of Trump’s false attacks on his Truth Social site.

“The National Archives and Records Administration (NARA) assumed exclusive legal and physical custody of Obama Presidential records when President Barack Obama left office in 2017, in accordance with the Presidential Records Act (PRA),” the Archives said in a statement posted to its website Friday.

“NARA moved approximately 30 million pages of unclassified records to a NARA facility in the Chicago area where they are maintained exclusively by NARA,” the Archives added. “Additionally, NARA maintains the classified Obama Presidential records in a NARA facility in the Washington, DC, area. As required by the PRA, former President Obama has no control over where and how NARA stores the Presidential records of his Administration.”

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