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Breaking: Lawsuit Against North Carolina Filed In Federal Court Over Sweeping Anti-LGBT Law

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Governor Pat McCrory, Attorney General Roy Cooper, Others Named as Defendants

Two civil rights groups and three people have joined to file a lawsuit against North Carolina over HB 2, the discriminatory anti-LGBT law the General Assembly passed and Gov. Pat McCrory signed into law on March 23. 

The ACLU of North Carolina, Lambda Legal, and three individuals filed the lawsuit overnight in the U.S. District Court for the Middle District of North Carolina, Buzzfeed’s Dominic Holden and Chris Geidner first reported.

Citing the 14th Amendment and Title IX of the Education Act of 1972, the suit names Gov. Pat McCrory, Attorney General Roy Cooper, the University of North Carolina, its Board of Governors, and several UNC officials as defendants.

“By singling out LGBT people for disfavored treatment and explicitly writing discrimination against transgender people into state law, H.B. 2 violates the most basic guarantees of equal treatment and the U.S. Constitution,” the 45-page lawsuit charges.

The suit clearly notes the anti-LGBT animus that lawmakers displayed when they “rushed to convene a special session with the express purpose of passing a statewide law that would preempt Charlotte’s ‘radical’ move to protect its residents from discrimination.”

“In a process rife with procedural irregularities, the legislature introduced and passed H.B. 2 in a matter of hours, and the governor signed the bill into law that same day,” the lawsuit states. “Lawmakers made no attempt to cloak their actions in a veneer of neutrality, instead openly and virulently attacking transgender people, who were falsely portrayed as predatory and dangerous to others. While the discriminatory, stated focus of the legislature in passing H.B. 2—the use of restrooms by transgender people—is on its own illegal and unconstitutional, H.B. 2 in facts wreaks far greater damage by also prohibiting local governments in North Carolina from enacting express anti-discrimination protections based on sexual orientation and gender identity.”

“Like the two transgender plaintiffs in the case, transgender people around the state of North Carolina immediately suffered harm under H.B. 2 in that they are not able to access public restrooms and other singlesex facilities that accord with their gender identity. LGBT people are also harmed by H.B. 2 in that it strips them of or bars them from anti-discrimination protections under local law.”

Plaintiffs are asking for declaratory judgment.

Holden and Geidner note that in “17 states and 225 cities with laws banning LGBT discrimination, there are no known instances of the rules being used to defend or facilitate predatory behavior in bathrooms or locker rooms.”

 

EARLIER:

North Carolina Gov. McCrory in Hot Seat as Apple, Google, NBA, Many Others Denounce Anti-LGBT Law

NOW: Activists Protest Anti-LGBT Bill at Governor’s Mansion and Throughout North Carolina (Video)

Pat McCrory Says He Signed the Broadest Anti-LGBT Bill in the Nation to Prevent Government Overreach

 

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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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BREAKING NEWS

Trump Under FBI Investigation for Potential Violation of the Espionage Act Legal Experts Say

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‘Simply Jaw-Dropping’: Legal Experts Also Stunned Over Top Secret, Confidential Contents of Cartons FBI Seized From Mar-a-Lago

“A search warrant viewed by POLITICO reveals that the FBI is investigating Donald Trump for a potential violation of the Espionage Act and removed classified documents from the former president’s Florida estate earlier this week,” Politico reports.

The New York Times also confirms.

“Federal agents who executed the warrant did so to investigate potential crimes associated with violations of the Espionage Act, which outlaws the unauthorized retention of national security information that could harm the United States or aid a foreign adversary; a federal law that makes it a crime to destroy or conceal a document to obstruct a government investigation; and another statute associated with unlawful removal of government materials.”

Based on the search warrant released to far-right media outlet Breitbart News, multiple legal experts also say Donald Trump, the former president is under FBI investigation for potentially violating the Espionage Act.

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

“A federal magistrate judge has found probable cause to believe evidence of the crime of ESPIONAGE to be found at Mar-A-Lago. Repeat 5 times,” writes former U.S. Attorney and DOJ official Harry Litman, now an LA Times legal affairs columnist. He also notes that “top secret/compartmented is stratospherically high classification. Scandal he ever had in [those documents] the first place.”

Top national security lawyer Brad Moss writes: “18 U.S.C. 793 – Espionage Act. That’s for willful/grossly negligent removal of information relating to the national defense. 18 U.S.C. 2017 and 18 U.S.C. 1519 – that’s for concealing federal records.”

Moss also retweeted this statement by veteran Cox Radio Capitol Hill correspondent Jamie Dupree:

“So the leak of the Trump search warrant via Breitbart indicates that former President Donald Trump is under investigation for violating the Espionage Act and for Obstruction of Justice.”

Civil liberties and national security journalist Marcy Wheeler also confirms, writing: “The hilarious thing is that since Brietbart doesn’t even know what a Supervisory Special Agent is, they probably don’t realize they’ve confirmed that Trump is under investigation for violating the Espionage Act.”

READ MORE: Suspect Who Shot Up FBI Office Days After Mar-a-Lago Raid Was Trump Supporter Who Called to Kill FBI ‘On Sight’: Report

Western New England University School of Law law professor Jennifer Taub also confirms, writing: “Donald Trump is being investigated for espionage.”

The Wall Street Journal was first to publish details of what FBI agents seized from Donald Trump’s Mar-a-Lago mansion on Monday. Legal experts have been calling Friday afternoon’s revelations “jaw-dropping.”

FBI agents “removed 11 sets of classified documents, including some marked as top secret and meant to be only available in special government facilities, according to documents reviewed by The Wall Street Journal,” the WSJ report states.

Despite initial reports the FBI seized between ten and 12 cartons of documents and other materials unlawfully removed from the White House to Mar-a-Lago, there were 20 cartons retrieved. That is in addition to the 15 cartons the National Archives were forced to retrieve earlier this year.

“The list includes references to one set of documents marked as ‘Various classified/TS/SCI documents,’ an abbreviation that refers to top-secret/sensitive compartmented information. It also says agents collected four sets of top secret documents, three sets of secret documents, and three sets of confidential documents. The list didn’t provide any more details about the substance of the documents.”

The classified/TS/SCI markings are the most important.

Legal experts say the search warrant was “broad,” and indeed the Journal reports the warrant “shows that FBI agents sought to search ‘the 45 Office,’ as well as ‘all storage rooms and all other rooms or areas within the premises used or available to be used by [the former president] and his staff and in which boxes or documents could be stored, including all structures or buildings on the estate.'”

Late Thursday evening The Washington Post revealed FBI agents were looking to retrieve classified documents “related to nuclear weapons,” making Monday’s raid all the more important, and Trump and his teams handling – or mishandling – of those documents all the more egregious.

The George Washington University Law School’s Professor of Government Procurement Law, Steven L. Schooner, says, “removal of, failure to account for, & failure to return (under subpoena) ‘classified/TS/SCI documents’ is, ugh, simply jaw-dropping, and that’s regardless of whether it’s nuclear-related.”

This is a breaking news and developing story. Details may change.

 

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