Connect with us

News

The Media Is Lying About Why North Carolina Is Being Sued

Published

on

North Carolina wants special rights to receive funding under federal contracts they’ve signed but that they’ve now declared they have no intention of honoring. Why hasn’t the mainstream media reported this?

Almost without exception, all news stories covering the U.S. Attorney General’s suit against North Carolina omits the rather significant fact that when North Carolina took federal money tied to the Violence Against Women Act (VAWA) and Title IX, they signed a contract with the federal government explicitly agreeing to not discriminate on the basis of gender identity. Unlike what you may have heard, this breach of contract is why North Carolina is being sued.

While the media has sensationalized this story by focusing on the North Carolina Governor’s talking points of “federal overreach” and “federal bullying” while blaming liberals in Houston, Texas for his actions against the trans citizens of North Carolina, the actual story doesn’t leave much room for the media to pander to the “transgender debate” trope. The actual story doesn’t allow the media to make the U.S. Attorney General’s suit ambiguous, about morality, or even what “gender identity” means. The reason for this is that the Republican Congress defined what gender identity meant in 2013. Moreover, the Republican Congress set the very gender identity nondiscrimination standards under which North Carolina is being sued.

It’s telling that the media seems unwilling or unable to tell the public what the Department of Justice (DOJ) told them during the press conference in which the DOJ suit against North Carolina was announced:

“We also bring a claim in the Violence Against Women Act, a more recent statute specifically designed to prevent discrimination against transgender people by entities that accept certain federal funds. As with Title IX, entities that accept federal funds under VAWA, including UNS and the NCDPS, pledged that they would not discriminate against sex or gender identity. Our complaint seeks to enforce that pledge and hold those entities accountable for the kind of discrimination required by HB2.”Â

– Vanita Gupta, head of the Civil Rights Division at the Department of Justice

Here’s why the U.S. Attorney General said Vanita Gupta’s division was filing suit against North Carolina:

  • “With respect to federal funding, the statutes we brought this lawsuit under do provide the opportunity to curtail federal funding under Title IX in the Violence Against Women Act.”
  • “The Violence Against Women Act specifically targets gender identity. The law and the case law around Title VII, Title IX, and the Violence Against Women Act clearly indicates HB2 is in violation of federal law.”

North Carolina is being sued by the Dept. of Justice because North Carolina willingly signed a contract with the federal government agreeing to not discriminate on the basis of gender identity and then announced that they were going to discriminate on the basis of gender identity.

Even though VAWA and Title IX funding comes with explicit prohibitions regarding discrimination on the basis of gender identity, North Carolina Governor Pat McCrory has claimed numerous times that Congress needs to figure out what gender identity means since they’ve not addressed it. Apparently Governor McCrory doesn’t know that in the very Congressional Act he took money from –the VAWA– the act spells all of this out.

Remember, a Republican Congress passed the following language and furthermore, a Republican Congress explicitly approved banning discrimination on the basis of gender identity:

No person in the United States shall, on the basis of actual or perceived race, color, religion, national origin, sex, gender identity (as defined in paragraph 249(c)(4) of title 18, United States Code), sexual orientation, or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under the Violence Against Women Act of 1994 (title IV of Public Law 103–322 ; 108 Stat. 1902), the Violence Against Women Act of 2000 (division B of Public Law 106–386; 114 Stat. 1491), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (title IX of Public Law 109–162 ; 119 Stat. 3080), the Violence Against Women Reauthorization Act of 2013 , and any other program or activity funded in whole or in part with funds appropriated for grants, cooperative agreements, and other assistance administered by the Office on Violence Against Women.

Even if a Republican Congress hadn’t passed the above language in 2013 (286 to 138), the VAWA explicitly states exactly who has the power to say who must be served with VAWA funding as an “underserved population”:

[U]nderserved populations means populations who face barriers in accessing and using victim services, and includes populations underserved because of geographic location, religion, sexual orientation, gender identity, underserved racial and ethnic populations, populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age), and any other population determined to be underserved by the Attorney General or by the Secretary of Health and Human Services, as appropriate.

These are the rules Congressional Republicans set up and these are the rules North Carolina contractually agreed to play by when they took VAWA funding. When North Carolina declared that they’d refuse to honor their contractual obligations, the DOJ announced they would sue North Carolina.

With regard to Title IX, when the University of North Carolina took Title IX funding, they signed a contract stating that they wouldn’t discriminate based upon gender identity. In keeping with Title IX policy, the University of North Carolina has a Title IX coordinator. Her name is Elizabeth Hall. Here’s what the Department of Education’s 2015  Title IX Resource Guide for Title IX coordinators states:

Title IX protects students, employees, applicants for admission and employment, and other persons from all forms of sex discrimination, including discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity. All students (as well as other persons) at recipient institutions are protected by Title IX—regardless of their sex, sexual orientation, gender identity, part- or full-time status, disability, race, or national origin—in all aspects of a recipient’s educational programs and activities. - Page 1

And

The Title IX coordinator should also help ensure that transgender students are treated consistent with their gender identity in the context of single-sex classes. – Page 22

Again, North Carolina knew exactly what it was agreeing to when it entered into a contract with the Department of Education to receive Title IX funding. The only actual story here is that North Carolina wants the special right to receive funding under federal contracts they’ve declared they’ve no intention of honoring.

If defaulting on federal contracts North Carolina knowingly signed is the actual story behind the DOJ’s suit, why is the media only interested in talking about “dueling lawsuits,”  the “transgender debate,” or how there’s ambiguity to the DOJ’s suit? If gender identity was codified into law passed by a Republican Congress, why is the media perpetuating the myth that Congress hasn’t addressed the issue of “gender identity” discrimination yet?

Â

Cristan Williams is the Editor-in-chief of The TransAdvocate and a trans historian and pioneer in addressing the practical needs of the transgender community.

This article was originally published at The TransAdvocate and is reprinted here by permission. 

Image: Screenshot via YouTube

Related Topics:
Continue Reading
Click to comment
 
 

Enjoy this piece?

… then let us make a small request. The New Civil Rights Movement depends on readers like you to meet our ongoing expenses and continue producing quality progressive journalism. Three Silicon Valley giants consume 70 percent of all online advertising dollars, so we need your help to continue doing what we do.

NCRM is independent. You won’t find mainstream media bias here. From unflinching coverage of religious extremism, to spotlighting efforts to roll back our rights, NCRM continues to speak truth to power. America needs independent voices like NCRM to be sure no one is forgotten.

Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure NCRM remains independent long into the future. Support progressive journalism with a one-time contribution to NCRM, or click here to become a subscriber. Thank you. Click here to donate by check.

News

‘All-Out War’: Trump’s Attorney Tells Kimberly Guilfoyle Ex-President Will Be ‘Loud and Proud’ When Showing Up for Indictment

Published

16 hours ago

on

March 20, 2023

By

Donald Trump’s attorney for Manhattan District Attorney Alvin Bragg’s hush money case against the ex-president was interviewed by Kimberly Guilfoyle for her new show on Monday. Guilfoyle is engaged to Donald Trump’s eldest son, Donald Trump, Jr.

Attorney Joe Tacopina told Guilfoyle, the ex-Fox News host, that the ex-president will happily show up in Manhattan if and when DA Alvin Bragg indicts him.

Guilfoyle asked Tacopina if Trump is indicted would he want them to “do it virtually,” presumably so Trump could participate from Mar-a-Lago.

Frowning, Tacopina said the district attorney and prosecutors “do what they want.. At this point, this is an all-out war.”

“Donald Trump is the toughest human being I’ve ever met,” Tacopina continued.

“Donald Trump is not going to ask for anything from them. If they want him at 100 Centre Street,” the address of the New York County Criminal Court and NYPD Manhattan Central Booking, Tacopina told Guilfoyle, “he’ll be there loud and proud, and there’s nobody that’s gonna make him cower.”

READ MORE: Republicans Are ‘Obstructing Justice’ and ‘Becoming Accessories’ to Trump’s ‘Crimes’: Former Prosecutor

Guilfoyle does not appear to disclose her relationship to either Trump in her video, which is produced to appear as an actual news show, during which she shares legal theory with viewers.

Tacopina tells Guilfoyle Trump is the victim, and the only crime was extortion. The grand jury likely will have a difference of opinion.

He also falsely calls The Wall Street Journal, a sister entity to Fox News and The New York Post – all owned by Rupert Murdoch – a “far-left” publication.

Watch a short clip below or at this link.

Continue Reading

News

Republicans Are ‘Obstructing Justice’ and ‘Becoming Accessories’ to Trump’s ‘Crimes’: Former Prosecutor

Published

20 hours ago

on

March 20, 2023

By

In the wake of Donald Trump‘s numerous recent social media rants attacking various prosecutors investigating his possibly unlawful acts, and his claim over the weekend that he will be indicted on Tuesday, many House and Senate Republicans have been rushing to his defense, wrongly claiming he is the victim of a political prosecution.

At least two former federal prosecutors are blasting them, with one saying it is “illegal” to interfere with an ongoing criminal investigation, and another warning Republicans are engaging in obstruction of justice and are becoming “accessories after the fact.”

On Saturday, House Speaker Kevin McCarthy slammed Manhattan District Attorney Alvin Bragg, who is expected this week to indict the former president.

“Here we go again — an outrageous abuse of power by a radical DA who lets violent criminals walk as he pursues political vengeance against President Trump,” McCarthy wrongly told Americans. “I’m directing relevant committees to immediately investigate if federal funds are being used to subvert our democracy by interfering in elections with politically motivated prosecutions.”

READ MORE: Trump Files Sweeping Legal Motion to Try to Block Georgia Grand Jury Findings and District Attorney Fani Willis

McCarthy’s tweet was highly criticized, including by retired Democratic U.S. Congressman John Yarmouth of Kentucky.

“I may end being not fully accurate, but Kevin McCarthy may be implicitly endorsing falsifying business records, tax fraud, campaign finance crime, and more, including obstruction of justice, when undermining the justice system is exactly what his tweet does,” tweeted Yarmouth.

McCarthy didn’t stop there.

“Alvin Bragg is abusing his office to target President Trump while he’s reduced a majority of felonies, including violent crimes, to misdemeanors. He has different rules for political opponents,” McCarthy alleged on Sunday. “Republicans stopped the radical DC crime law, and we will investigate any use of federal funds that are used to facilitate the perversion of justice by Soros-backed DA’s across the country.”

Some Republicans injected what many see as the GOP’s increasing embrace of antisemitism into their attacks against Bragg.

U.S. Senator J.D. Vance (R-OH) on Sunday tweeted: “Alvin Bragg is bought by George Soros. He allows violent criminals to walk the streets of New York City, but will prosecute the likely Republican nominee (and former president) on a baseless misdemeanor charge. These people are trying to turn America into a third-world country.”

Elise Stefanik (R-NY), the Chair of the House Republican Conference and an ultra-MAGA extremist, also used the Soros reference, which experts have said can be antisemitic: “The Soros-backed woke prosecutor Alvin Bragg must testify under oath before Congress.”

Attorney and writer David Lurie, pointing to both McCarthy’s and Vance’s tweets, wrote: “GOP politicians like McCarthy, Trump and JD Vance now routinely include antisemitic conspiracism in their political rhetoric.” He linked to this article he wrote at Public Notice.

“JD Vance is advancing a claim that a Jew ‘bought’ a respected prosecutor, who just happens to be Black,” Lurie added. “Double bigotry in just one tweet.”

U.S. Senator Rick Scott (R-FL) also engaged in the antisemitic “Soros-backed” reference.

READ MORE: ‘RICO’: Trump Could Be Facing Racketeering and Conspiracy Charges Used to Prosecute Organized Crime

Speaker McCarthy “is right,” Scott tweeted, “and I fully support his call for an investigation. No federal dollars should be used to prop up this radical, Soros-backed activist attorney or his gross political attacks.”

U.S. Senator Steve Daines (R-MT) on Sunday said District Attorney Bragg “should focus on the violent criminals terrorizing New York instead of pursuing politically motivated charges against” Donald Trump.

On Monday, a former federal prosecutor for 30 years, Glenn Kirschner, issued a warning for Republicans.

“In a very real sense, congressional Republicans who use their power & their office to thwart criminal prosecutions of Donald Trump are becoming accessories after the fact to Trump’s crimes. They are obstructing justice. And we can expect [it] to continue if it goes unaddressed.”

Kirschner was responding to this tweet from noted Harvard professor of law (retired) Laurence Tribe: “House Republicans are gathered at a luxury resort near Disney World where House Judiciary Chair JIM JORDAN (R-Ohio) & senior GOP leaders are preparing to demand testimony from members of Manhattan DA’s Office amid reports of an imminent Trump indictment.”

READ MORE: ‘This Man Is a Criminal’: George Conway Busts GOP’s ‘Completely Ridiculous’ Trump Defense

Monday afternoon Jordan and his colleagues did just that, sending a letter to Manhattan District Attorney Alvin Bragg, demanding he hand over communications and testify before Congress to explain his prosecution of Trump.

“Was the Manhattan DA’s office in communication with DOJ about their investigation of President Trump?” Jordan tweeted. “Was the Manhattan DA’s office using federal funds to investigate President Trump? Alvin Bragg owes our committee answers.”

In response, U.S. Rep. Ted Lieu (D-CA), an attorney and former military prosecutor with the U.S. Air Force Judge Advocate General’s Corps, called Jordan’s actions “illegal.”

“Dear @Jim_Jordan,” Lieu tweeted. “Local prosecutors, including DA Bragg, owe you nothing. In fact, it is illegal for you and @JudiciaryGOP to interfere in an ongoing criminal investigation, or a criminal trial (if there is one).”

 

Continue Reading

News

‘RICO’: Trump Could Be Facing Racketeering and Conspiracy Charges Used to Prosecute Organized Crime

Published

1 day ago

on

March 20, 2023

By

Fulton County, Georgia District Attorney Fani Willis is reportedly considering RICO charges against Donald Trump in her probe of his attempts to overturn the 2020 presidential election, CNN reports. RICO charges are generally used when prosecuting organized crime cases.

“The reason that I am a fan of RICO is, I think jurors are very, very intelligent,” Willis had said last year about a different case. “They want to know what happened. They want to make an accurate decision about someone’s life. And so RICO is a tool that allows a prosecutor’s office and law enforcement to tell the whole story.”

Former U.S. Attorney Joyce Vance, a law professor and an NBC News/MSNBC contributor, Monday morning on Twitter, pointing to CNN’s report, said Willis “is seriously considering a RICO charge.” She repeated that claim on MSNBC shortly after.

READ MORE: Experts Warn Trump Is Encouraging Violence One Day After He Announces Rally at Waco on 30th Anniversary of Siege

CNN reports, “Investigators have a large volume of substantial evidence related to a possible conspiracy from inside and outside the state, including recordings of phone calls, emails, text messages, documents, and testimony before a special grand jury. Their work, the source said, underscores the belief that the push to help Trump was not just a grassroots effort that originated inside the state.”

On-air Monday morning, CNN senior legal analyst Elie Honig, a former federal and state prosecutor, explained conspiracy, racketeering, and RICO, saying, “conspiracy” is “a loaded word. But all it really means is an agreement, a meeting of the minds between two or more people to commit a crime.”

But he added, “if we go up to racketeering, now, this is a really powerful tool the prosecutors use. What you have to do is show two things. First of all, the existence of what we call a racketeering enterprise, that can be a Mafia family, that can be a drug trafficking organization, but it could also be a corporation or a political entity, and then you have to show that they engage in what we call a pattern of racketeering activity, meaning that they committed two or more crimes in an organized fashion, which brings us to this other new piece of information. There’s a third phone call we already know about, of course, the infamous phone call to Brad Raffensperger. ‘I just want to find 11,780 votes.’ There’s also a public recording of Donald Trump talking to this investigator, Francis Watson, when he tells her, ‘when the right answer comes out, you’ll be praised.'”

READ MORE: ‘Reacting to a Cult Leader’: Trump Supporters Organizing to ‘Stock Up on Weaponry’ Says GOP Adviser

“Now we know, Trump also called the former Georgia Speaker of the House asking him to convene a special session,” Honig continued. “As we know we’ve heard from some of the grand jurors special grand jurors who’ve come out, they’ve told us that they recommended indictments for more than a dozen people.”

Watch CNN’s report below or at this link.

Continue Reading

Trending

Copyright © 2020 AlterNet Media.