Once again the FDA is ignoring science in favor of discrimination, allowing gay men who are celibate for at least a year to donate, while straight men who have unprotected sex can donate without similar restrictions.
The Food and Drug Administration (FDA) today released new draft guidance for commentary that includes a recommendation expanding acceptable donors to include for the first time since the late 1970s gay men. The catch: ignoring science, only gay men who have been celibateÂ â€“ abstained from any sexual conductÂ â€“ for at least a year would be eligible to donate blood. If a man who has sex with men has only had sex with women for the past year, he would also be able to donate blood.
Presumably, the FDA is attempting to protect the blood supply from HIV, but since HIV knows no gender or orientation, their logic is flawed.
For example, a five-year married and monogamous gay man who has only had sex with his husband would continue to be banned from donating blood, while a single heterosexual man who has unprotected sex with several different women weekly could have no restrictions on his ability to donate.Â
The issue isn’t with whom a donor has sex, but if it’s protected or unprotected.
“The existing policy, implemented amid the HIV/AIDS epidemic, has been widely criticized by medical and LGBT organizations in recent years as outdated and a scientifically unjustifiable form of discrimination,” Buzzfeed reports. “Existing guidelines have also been used toÂ ban transgender peopleÂ from donating blood, regardless of their gender.”
U.S. Senator Tammy Baldwin told Buzzfeed “she was ‘encouraged that the FDA is moving forward with guidance’ to lift the lifetime ban, she said a one-year deferral should not be the final goal. ‘This is a first step in ending an outdated policy that is medically and scientifically unwarranted, but it doesnâ€™t go far enough.'”
In 2013, Senator Baldwin, along with Senator Elizabeth Warren were joined by a bipartisan group of 84 of their colleagues in both the Senate and the House, asking the Dept. of Health and Human Services to end the gay blood ban.Â
Last year, 80 Democrats in the House and Senate sent the HHS a similar letter, asking for the gay blood ban to end.Â
In November, an HHS committee recommended the ban be moderated to include the one-year celibacy period.
In December for the first time the FDA recommended the one year change.Â
“While the new policy is a step in the right direction toward an ideal policy that reflects the best scientific research, it still falls far short of a fully acceptable solution because it continues to stigmatize gay and bisexual men,” HRC Government Affairs Director David Stacy said in a statement. “This policy prevents men from donating life-saving blood based solely on their sexual orientation rather than actual risk to the blood supply. It simply cannot be justified in light of current scientific research and updated blood screening technology.”
HRC adds that the “American Red Cross, America’s Blood Centers, and the American Association of Blood Banks have characterized the blood ban as medically and scientifically unwarranted as far back as 2006.”
Ryan James Yezak, theÂ Executive Director and Founder of the National Gay Blood Drive, took a similar position but a more moderate tone.
“WeÂ are pleased to see the FDA has issued the draft guidance & we look forward to organizing the National Gay Blood Drive in conjunction with the implementation of the revised policy,” Yezak said in a statement toÂ The New Civil Rights Movement. “We will continue to encourage the FDA to move toward a deferral based upon individual risk assessment.”
This article has been updated to include the quote from the National Gay Blood Drive.
Image viaÂ Wikimedia
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Santos Campaign Can No Longer Raise or Spend Money After Treasurer Officially Calls It Quits: NYT
Enmeshed in a web of deceit and possibly under federal criminal investigation, U.S. Rep. George Santos (R-NY) is now apparently unable to lawfully spend money or accept donations via his political campaign, which reportedly now may also be in violation of FEC rules.
On Tuesday the embattled freshman Republican announced he was temporarily stepping down from his committee assignments, reportedly after a conversation with Speaker Kevin McCarthy. Before the end of the day his campaign treasurer filed official paperwork notifying the Federal Election Commission she had resigned.
“Nancy Marks’s resignation effectively leaves the Santos campaign unable to raise or spend money and in seeming violation of federal rules,” The New York Times reports, calling her his “longtime campaign treasurer and trusted aide.”
“Mr. Santos’s financial operations, which are the subject of several complaints filed with the F.E.C. and are being investigated by local, state and federal law enforcement,” The Times adds. “It also leaves the Santos campaign in disarray, effectively rendering it unable to raise or spend money and placing it in seeming violation of F.E.C. rules.”
In fact, FEC rules state: “If a committee’s treasurer is absent, the committee cannot make expenditures or accept contributions unless it has designated an assistant treasurer or designated agent on the committee’s Statement of Organization.”
The resignation comes after last week’s stunning report revealing that Santos, or his campaign, amended FEC filings to indicate the $700,000 he had claimed to have personally loaned his campaign had not actually come from his personal funds.
Unlike political candidates, campaign treasurers are held to an actual standard of truth, and can be personally – and legally – liable if they report false information.
FEC rules also state, “the treasurer can be named and found liable in his or her personal capacity if he or she knowingly and willfully violates the Act, recklessly fails to fulfill duties imposed by the law, or intentionally deprives himself or herself of the operative facts giving rise to the violation.”
Santos may find it difficult to hire a new treasurer: “Even when an enforcement action alleges violations that occurred during the term of a previous treasurer, the Commission usually names the current treasurer as a respondent in the action.”
The Times adds, “The lack of clarity over who, if anyone, is operating as Mr. Santos’s treasurer has already caused confusion. On Tuesday, a joint fund-raising committee associated with Mr. Santos filed paperwork to end its operations. Ms. Marks’s signature was on the paperwork, even though she had resigned as the committee’s treasurer the week before.”
Marks’ resignation also comes after someone affiliated with the Santos campaign falsely listed a well-known Republican treasurer on the official FEC forms as the treasurer for his campaign. As one expert put it, that’s a “big no-no,” and “completely illegal.”
Another SCOTUS Scandal: Chief Justice’s Spouse Makes Millions Placing Attorneys at Top Law Firms That Argue Before the Court
The highly controversial and highly unpopular U.S. Supreme Court isn’t just facing a historic loss of confidence, it’s now facing yet another ethics scandal that is likely to lower even further public opinion of the far-right institution that in under two decades has seen its approval rating slashed.
Although it will not hear arguments, the issue before the Supreme Court and the American people’s view of it, is, should a Justice’s spouse – in this case the spouse of Chief Justice John Roberts – be able to make millions of dollars recruiting attorneys who are placed into top law firms that argue cases before it?
That’s the latest allegation, and already a spokesperson for the Court has issued a statement denying any ethical violations.
The New York Times reports that “a former colleague of Mrs. Roberts has raised concerns that her recruiting work poses potential ethics issues for the chief justice. Seeking an inquiry, the ex-colleague has provided records to the Justice Department and Congress indicating Mrs. Roberts has been paid millions of dollars in commissions for placing lawyers at firms — some of which have business before the Supreme Court, according to a letter obtained by The New York Times.”
Jane Sullivan Roberts left a law firm where she was a partner after her spouse was confirmed as Chief Justice.
“Mrs. Roberts, according to a 2015 deposition,” The Times reports, “said that a significant portion of her practice was devoted to helping senior government lawyers land jobs at law firms and that the candidates’ names were almost never disclosed.”
Documents in that case “list six-figure fees credited to Mrs. Roberts for placing partners at law firms — including $690,000 in 2012 for one such match. The documents do not name clients, but Mr. Price recalled her recruitment of one prominent candidate, Ken Salazar, then interior secretary under President Barack Obama, to WilmerHale, a global firm that boasts of arguing more than 125 times before the Supreme Court.”
That case involves “a former colleague of Mrs. Roberts,” Kendal Price, a 66-year-old Boston lawyer, who “has raised concerns that her recruiting work poses potential ethics issues for the chief justice.”
“According to the letter,” sent by Price to DOJ and Congress, which the Times reports it obtained, “Mr. Price was fired in 2013 and sued the firm, as well as Mrs. Roberts and another executive, over his dismissal.”
The Times cites two legal experts, one who sees no ethical concerns with the situation, and one who does.
But critics are expressing great concern over this latest ethics issue, as they have been for years.
Doug Lindner, Advocacy Director for Judiciary & Democracy for the League of Conservation Voters, pointing to the Times’ report, remarked: “Another day, another ethics concern about another life-tenured conservative justice on the most powerful court in the world, which has no binding ethics rules.”
Indeed, the lack of a Supreme Court code of ethics has been repeatedly condemned for years, including by some of the nation’s top critics.
On Sept. 1, 2022, The Washington Post’s Jennifer Rubin tweeted out her opinion piece: “Ginni Thomas pressed Wisconsin lawmakers to overturn Biden’s 2020 victory .. just another insurrectionist.”
Norman Ornstein, an emeritus scholar at the American Enterprise Institute and a contributing editor for the Atlantic, responded:
“Another reminder of how unethical is Justice Clarence Thomas, while Chief Justice Roberts turns a blind eye and continues to resist a code of ethics for a Supreme Court now distrusted by a majority of Americans. This defines the Roberts Court.”
The following month Ornstein slammed the Roberts Court once again.
“It is a stain on the Supreme Court that Chief Justice Roberts refuses to support a Judicial Code of Ethics, and stands by silently while Clarence Thomas flouts ethical standards over and over and over,” Ornstein charged.
Less than one month later he again unleashed on Roberts.
“Roberts is culpable,” he tweeted. “He has resisted over and over applying the Judicial Code of Ethics to the Supreme Court. This is Alito’s court, and it is partisan and corrupt.”
Ornstein is far from the Court’s only critic.
“If Chief Justice Roberts really wanted to address Supreme Court ethics, he would have immediately worked to implement a Code of Conduct after Clarence Thomas failed to recuse from cases involving January 6th despite having a clear conflict of interest,” the government watchdog group Citizens for Responsibility and Ethics in Washington tweeted a year ago in May. The following month CREW published an analysis titled: “Chief Justice John Roberts is wrong: the American judicial system is facing a major ethics crisis.”
Meanwhile, in late November Politico reported that Democrats in Congress were outraged at the Roberts Court.
“Two senior Democrats in Congress are demanding that Chief Justice John Roberts detail what, if anything, the Supreme Court has done to respond to recent allegations of a leak of the outcome of a major case the high court considered several years ago,” PoliticoJosh Bernstein reported, referring to the leak of the Dobbs decision that overturned the Roe v. Wade decision – itself a massive ethics crisis for the Court.
“Sen. Sheldon Whitehouse (D-R.I.) and Rep. Hank Johnson (D-Ga.) are also interested in examining claims about a concerted effort by religious conservatives to woo the justices through meals and social engagements. They wrote to Roberts on Sunday, making clear that if the court won’t investigate the alleged ethical breaches, lawmakers are likely to launch their own probe.”
Whitehouse and Johnson “also criticized the high court’s response to a letter they sent Roberts in September, seeking information about the court’s reaction to reports in POLITICO and Rolling Stone about a yearslong campaign to encourage favorable decisions from the justices by bolstering their religiosity.”
Nothing has changed.
When the Roberts Court earlier this month announced its lengthy investigation did not find the draft Dobbs decision leaker but also did not include the Justices themselves, Stokes Prof. of Law at NYU Law School Melissa Murray, an MSNBC host, tweeted, “This is a Roberts Court leitmotif–The Chief loves to handle things–even big things–in-house. Ethics issues? No need to get involved, Congress. We’ll sort it out ourselves. Leak needs investigating? No need to call in an actual investigative body, the Marshal will handle it.”
Pulitzer prize winning New York Times investigative reporter Jodi Kantor, pointing to how the Justices were not thoroughly investigated during the leak probe, in earlier this month said: “Last week the court released statements that confirmed the gap between how the justices and everyone else were treated.”
“The whole situation amplifies a major question about the court: are these nine people, making decisions that affect all of us, accountable to anyone?”
‘Can Be Used Against You’: Trump Took Big Risk Pleading the Fifth 400 Times in Deposition Says Legal Expert
A newly released video shows Donald Trump pleading the Fifth Amendment hundreds of times in a deposition, and a legal expert explained how that could be used against him in court.
The former president was finally hauled in to testify last year in the $25 million fraud lawsuit filed against the Trump Organization by New York attorney Letitia James, and he exercised his constitutional right against self-incrimination nearly 450 times — but MSNBC legal analyst Andrew Weissmann said the move carried potential risk in a civil case.
“I agree with him on the point of taking the Fifth,” Weissmann said. “It’s important to remember everyone has a right to the Fifth if a truthful answer would tend to incriminate you. In a civil case, it can be used against you, unlike in a criminal case.”
“One other thing I would disagree is when he is saying there’s this witch hunt, he left out jurors,” Weissmann added. “The Trump Organizations went to trial, they had their day in court. They could present all of their evidence, [and] 12 jurors, that’s everyday citizens, found beyond a reasonable doubt that there was a multi-year tax conspiracy that his organizations were involved in, and there was evidence he knew about it as would make sense. That’s one more reason for him to be asserting the Fifth Amendment.”
Image via Shutterstock
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