Attorneys for Kim Davis just filed a new motion explaining why she should not be held in contempt of court.
Davis, along with all her deputy clerks, Thursday morning at 11:00 will appear before him to face contempt charges requested by the ACLU, who represent the four couples that sued Davis.
Davis, an Apostolic Christian,Â and her Liberty Counsel attorneys tonight managed to come up with a rather interesting defense for Davis’ continued refusal to obey a U.S. District Judge, the 6th Circuit Court of Appeals, and the U.S. Supreme Court: her “compliance isÂ factually impossible.”
Davis’ lawyers cite legal precedence. Where “compliance is impossible, neither the moving party nor the court has any reason to proceed withÂ the civil contempt action.”
That’s their goal, to end the compliance proceeding, and this legal language is what they hope will convince Judge Bunning to let her continue to hold onto her job, stay out of jail, not be fined, and continue to use her religious beliefs to evade the law and discriminate against LGBT people.
“The courtâ€™sÂ power to impose coercive civil contempt is limited by an individualâ€™s ability to comply with theÂ courtâ€™s coercive order. A party may defend against a contempt by showing that his compliance isÂ factually impossible.”
Note that last part: “compliance isÂ factually impossible.”
The filing continues. Davis, it states, “is unable toÂ comply with the August 12, 2015 order” â€”Â which directs her to issue marriage licenses to all couples â€”Â they claim, “because it irreparably and irreversiblyÂ violates her conscience by directing her to authorize and issue SSM licenses bearing her name andÂ approval.”
They also claim “Davis should not be held in contempt because it will violate her due process rights,” because she has brought suit against the Governor of Kentucky.Â
She claims his statement to all county clerksÂ â€” over whom he has no direct authorityÂ â€” telling them they should do their jobs and issue marriage licenses to couples regardless of gender, violated her First Amendment rights.
Why are Davis and her Liberty Counsel attorneys doing all this?
Want to know more? Here’s every article, all 40, NCRM has published on Kim Davis.
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‘The Law Is Clear’: Appeals Court Rules Trump Handpicked Judge Should Never Have Appointed Special Master
A three-judge panel on the conservative 11th Circuit Court of Appeals has ruled against Donald Trump, and effectively against his hand-picked federal district court judge Aileen Cannon in the ex-president’s “special master” case.
The judges, all three conservatives, two of whom appointed to the bench by Trump himself, ruled that Judge Cannon should never have agreed to Trump’s request to appoint a “special master” to review all the items the Dept. of Justice removed from his Mar-a-Lago residence by executing a legal search warrant.
Cannon had ordered the special master to specifically review approximately 100 classified documents, and blocked the DOJ from accessing them while they were under review. That block halted its investigation into Trump’s likely illegal retention of the documents and other items – over 10,000 – he removed from the White House and was string at Mar-a-Lago.
CNN calls Thursday’s ruling “a major defeat for former President Donald Trump.” The appeals court’s ruling halts “a third-party review of documents seized from his Mar-a-Lago estate,” and “removes a major obstacle to the Justice Department’s investigation into the mishandling of government records from Trump’s time in the White House.”
“The law is clear,” the judges wrote in their ruling Thursday, posted by NBC News’ Daniel Barnes. “We cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of the warrant. Nor can we write a rule that allows only former presidents to do so. Either approach would be a radical reordering of our caselaw limiting the federal courts’ involvement in criminal investigations.”
“And both would violate bedrock separation-of-powers limitations,” they continued. “Accordingly, we agree with the government that the district court improperly exercised equitable jurisdiction, and that dismissal of the entire proceeding is required.”
They also wrote: “In considering these arguments, we are faced with a choice: apply our usual test; drastically expand the availability of equitable jurisdiction for every subject of a search warrant; or carve out an unprecedented exception in our law for former presidents. We choose the first option. So the case must be dismissed.”
“The district court,” meaning Judge Cannon, “improperly exercised equitable jurisdiction in this case. For that reason, we VACATE the September 5 order on appeal and REMAND with instructions for the district court to DISMISS the underlying civil action.”
Right Wing Social Media Platform Parler Announces Kanye West Will No Longer Buy It in ‘Interest of Both Parties’
After Kanye West‘s antisemitic and racist remarks last month, which led to him being deplatformed by Twitter and Instagram, the extremist artist and rapper announced he was purchasing the right wing “free speech” social media platform Parler, which performs little content moderation.
On Thursday, hours after West went on far right extremist and conspiracy theorist Alex Jones’ show and praised Adolf Hitler, Parler issued a statement saying by mutual agreement West would not be purchasing the platform.
But the Parler statement, which came from its parent company, also claimed the decision had been made weeks ago.
“In response to numerous media inquiries, Parlement Technologies would like to confirm that the company has mutually agreed with Ye to terminate the intent of sale of Parler,” Parler said on Twitter. “This decision was made in the interest of both parties in mid-November.”
On Thursday, stunning many, West told Alex Jones, “I see good things about Hitler,” as Consequence reported. “Every human being has something of value that they brought to the table, especially Hitler.”
When West had agreed to purchase Parler, he stated, “In a world where conservative opinions are considered to be controversial we have to make sure we have the right to freely express ourselves.”
CNBC reported last month that “Parler, which initially launched in 2018, was swept up in controversy last year over the role it played in the Jan. 6, 2021, riots at the Capitol building. That led a slew of tech companies, including Google and Amazon, to blacklist the service, rendering its app and website inaccessible.”
Owens, promoting nationalism, told young supporters in London, “Whenever we say nationalism, the first thing people think about, at least in America, is Hitler.”
“But if Hitler just wanted to make Germany great and have things run well, OK, fine. The problem is that he wanted, he had dreams outside of Germany. He wanted to globalise. He wanted everybody to be German, everybody to be speaking German. Everybody to look a different way. To me, that’s not nationalism.”
Hitler was responsible for the slaughter of up to 17 million people.
Image via Tinseltown / Shutterstock
‘This Is Nazism’: Americans Outraged After Kanye West Praises Hitler – ‘This Is Not a Clown Show. It’s Dangerous’
“I see good things about Hitler,” West told Jones, as Consequence reports. “Every human being has something of value that they brought to the table, especially Hitler.”
In between those two remarks West launched into a plethora of lies about all the good things Hitler has done, including inventing the microphone (false) and highways (also false.)
West doubled down, exclaiming, “I like Hitler,” and said, “the Jewish media has made us feel like Nazis and Hitler have never offered us anything of value to the world.”
West, who brought a white supremacist with him to dine with Donald Trump at Mar-a-Lago last week, today also claimed he loves everyone but injected antisemitic tropes about contracts and pornography.
“I think most Jews are great people,” West said, while claiming, “I agree there’s a Jewish mafia.”
West, who goes by “Ye,” astonishingly “took credit for popularizing antisemitism,” Consequence reports, “saying, ‘No one in high school knew what antisemitic meant until Ye made it popular.'”
That, too, is a lie.
The outrage online is palpable.
U.S. Rep. Ritchie Torres (D-NY) tweeted, “JUST NOW: ‘I see good things about Hitler, also. The Jews… Every human being has something of value that they brought to the table, especially Hitler.’
— Kanye West on far-right conspiracy theorist Alex Jones’ InfoWars show.”
“This is Nazism,” he added. “When are we going to say ENOUGH?”
Many pointed to a wildly offensive tweet posted by GOP Congressman Jim Jordan, who heads the House Judiciary Republicans. After nearly two months it was removed within minutes of West praising Hitler.
U.S. Rep. Eric Falwell (D-CA) blasted Jordan, saying: “for 2 months you were cool with Jew-bashing.”
For 2 months Jim Jordan refused to delete this tweet. Even after Kanye declared war on Jews. As he usually does, Jim looked the other way. Only after Kanye praised Hitler today did Jim delete the tweet. We have the receipts, Jim. And for 2 months you were cool with Jew-bashing. pic.twitter.com/kqzwkNW2pq
— Rep. Eric Swalwell (@RepSwalwell) December 1, 2022
Funny to learn exactly where the line is for the Republican party.
It’s not explicit but vaguely deniable antisemitism. No, it apparently only kicks in at openly praising Hitler. https://t.co/vMdJmG4Qci
— Dylan Reeve (@DylanReeve) December 1, 2022
Kanye had to literally praise Hitler and the Nazis before Jim Jordan’s House Judiciary Republicans deleted their pro-Kanye tweet. If you want to understand just how extreme the modern GOP is. https://t.co/il7QAg2EiO
— Mehdi Hasan (@mehdirhasan) December 1, 2022
Sam Stern of Politico and MSNBC took a wider view.
“We’re all gawking at Kanye saying he sees ‘good things about Hitler’ but i can’t escape the absolute dread that people who know no better and look up to this man and stumble upon this interview will be moved, even on the margins, by him,” he tweeted. “This is not a clown show. It’s dangerous.”
As did actor Josh Gad:
“It’s not what Kanye West says that scares me. It’s that he has 30 million followers who listen to his insanity on top of a cheerleader in the form of the current owner of this platform. No one who says “I love Hitler” should be allowed any oxygen on any social platform (period).”
There is video online of Kanye West’s vile remarks. NCRM will not post or link to it.
Image via Shutterstock
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