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Breaking: Federal Judge Bans University of North Carolina From Enforcing ‘Bathroom Bill’ Part of HB2

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Judge Rules Plaintiffs Have Shown ‘They Will Suffer Irreparable Harm’

A federal judge has just prohibited the University of North Carolina from enforcing the “bathroom bill” provision of Governor Pat McCrory’s anti-LGBT law known as HB2. The narrow ruling applies only to the plaintiffs, those individuals who sued after HB2 went into effect, but it could have broader implications down the line.

U.S. District Court Judge Thomas Schroeder Friday afternoon partially granted a preliminary injunction, ruling North Carolina’s “decades-old laws against indecent exposure, peeping, and trespass protected the legitimate and significant State interests of privacy and safety.”

Schroeder’s ruling also states “that the individual transgender Plaintiffs have made a clear showing that (1) they are likely to succeed on their claim that Part I [of HB2] violates Title IX, as interpreted by the United States Department of Education (“DOE”) under the standard articulated by the Fourth Circuit; (2) they will suffer irreparable harm in the absence of preliminary relief.”

Chris Geidner at Buzzfeed points out this portion of Judge Schroeder’s ruling:

“Ultimately, the record reflects what counsel for Governor [Pat] McCrory candidly speculates was the status quo ante in North Carolina in recent years: some transgender individuals have been quietly using bathrooms and other facilities that match their gender identity, without public awareness or incident.”

Law professor Dr. Anthony Kreis of Chicago-Kent College of Law via Twitter adds:

More:

UPDATE I: 6:01 PM EDT –
Comments via Lambda Legal:

“Today is a great day for me and hopefully this is the start to chipping away at the injustice of H.B. 2 that is harming thousands of other transgender people who call North Carolina home. Today, the tightness that I have felt in my chest every day since H.B. 2 passed has eased. But the fight is not over: we won’t rest until this discriminatory law is defeated,” said Joaquín Carcaño, lead plaintiff in the case.

“We are thrilled that the court put a temporary stop to some of the grave harm H.B. 2 imposes on our transgender clients,” said Tara Borelli, Lambda Legal senior attorney. “This ruling is an important first step to make sure that thousands of LGBT people who call North Carolina home – particularly transgender people – get the privacy, respect, and protections afforded others in the state. As we prepare for trial, we are more determined than ever to ensure equal justice for all North Carolinians.”

“We’re thrilled that the court ruled on the right side for our clients today and that our clients are one step closer to being free from the discrimination that this harmful law imposes on them simply because they are transgender,” said Chris Brook, legal director of the ACLU of North Carolina. “We’re confident justice will prevail in the larger case after the judge hears all the evidence at trial this fall so that all gay and transgender North Carolinians will be free from the harm of H.B. 2.”

 

This is a breaking news and developing story. Details may change. This story will be updated, and NCRM will likely publish follow-up stories on this news. Stay tuned and refresh for updates.

 

Image by NCDOTcommunications via Flickr and a CC license

 

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News

‘I’m Not Suicidal’: Kari Lake Pushes Hillary Clinton Murder Conspiracy Theory

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April 22, 2024

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Republican U.S. Senate candidate Kari Lake is promoting a conspiracy theory suggesting Hillary Clinton wants to assassinate her. Her remarks came just one day before she lost her attempt to have the Supreme Court review what some have called her conspiracy-theory fueled lawsuit about electronic voting machines.

“Lake, who filed the lawsuit during her failed campaign for governor in 2022, challenged whether the state’s electronic voting machines assured ‘a fair and accurate vote.’ Two lower courts dismissed the suit, finding that Lake and former Republican state lawmaker Mark Finchem had not been harmed in a way that allowed them to sue,” CNN reported Monday.

Also on Monday Law&Crime reported that when she filed her lawsuit, a Dominion Voting Systems spokesperson “rejected Lake’s cybersecurity claim, telling Law&Crime it was ‘implausible and conspiratorial.'”

Democracy Docket, founded by top Democratic elections attorney Marc Elias, called it “the end of the road for a conspiratorial lawsuit,” and Lake and Fincham, “election deniers.”

READ MORE: ‘Old and Tired and Mad’: Trump’s Demeanor in Court Detailed by Rachel Maddow

Lake, a far-right conspiracy theorist who has yet to concede the 2022 election, which she lost to Democrat Katie Hobbs, has a history of pushing exaggerated and baseless claims.

On Sunday, as MeidasTouch Network reported, Lake promoted an old, anti-Clinton conspiracy theory but twisted it to try to make it appear she was in danger from former U.S. Secretary of State and former Democratic presidential nominee Hillary Clinton.

Lake on Newsmax listened to a clip of Secretary Clinton calling Trump’s fondness for Russian President Vladimir Putin a “bromance,” and saying the ex-president is “just gaga over Putin, because Putin does what he would like to do: kill his opposition, imprison his opposition, drive, you know, journalists and others into exile, rule without any check or balance.”

Then Lake promoted a thoroughly debunked conspiracy theory by responding, “Oh, boy. Oh, that’s really rich coming from a woman like Hillary Clinton, who’s, how many of her friends have just like, mysteriously died or committed suicide?”

“I mean, honestly, that’s rich of her. What President Trump wants is to root out the corruption and deliver our government back to We The People and she looks very nervous. She talked about her friend Mark Elias, Mark Elias has meddled in in his and his cohorts have meddled in the elections.”

She called Democratic policies, “destructive, deadly and frankly, in some ways, diabolical,”and added, “it’s almost comical that Hillary Clinton is talking about Trump wanting to kill his opponents.”

READ MORE: ‘Election Interference’ and ‘Corruption’: Experts Explain Trump Prosecution Opening Argument

“I just want to say as I’m as I’m speaking about this topic, I want everyone out there to know that my brakes on my car have recently been checked and they work. I’m not suicidal. And Hillary, I don’t mean any harm to you. Please don’t send your henchmen out to me. We understand what you’re about. ”

Watch below or at this link.

READ MORE: ‘Rally Behind MAGA’: Trump Advocates Courthouse ‘Protests’ Nationwide

 

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‘Old and Tired and Mad’: Trump’s Demeanor in Court Detailed by Rachel Maddow

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17 hours ago

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April 22, 2024

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MSNBC top host Rachel Maddow, inside Manhattan’s Criminal Courthouse on Monday declared Donald Trump appeared “old and tired and mad,” as she delivered observations about the ex-president on trial for 34 counts of falsification of business records alleged in the alleged pursuit of election interference to protect his 2016 presidential run.

Trump “seems considerably older, and he seems annoyed. Resigned, maybe, angry. he seems like a man who’s miserable to be here,” the award-winning journalist told MSNBC viewers Monday afternoon.

“I’m no body language expert,” she conceded, “and this is just my observation. He seemed old and tired and mad.”

The New York Times’ Susanne Craig, from inside the courthouse Monday morning reported: “Trump is struggling to stay awake. His eyes were closed for a short period. He was jolted awake when Todd Blanche, his lawyer, nudged him while sliding a note in front of him.”

The Biden campaign was only too happy to pick up and report Craig’s observation, adding “feeble.”

Former Obama senior advisor David Axelrod, pointing to his piece at The Atlantic, wrote of Trump: “He has charmed & conned, schemed & marauded his way through life. He was bred that way. But the weariness & vulnerability captured in courtroom images betray a growing sense in Trump that he could wind up as the thing his old man most reviled:
A loser.”

Watch Maddow’s remarks below or at this link.

READ MORE: ‘Election Interference’ and ‘Corruption’: Experts Explain Trump Prosecution Opening Argument

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News

‘Election Interference’ and ‘Corruption’: Experts Explain Trump Prosecution Opening Argument

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19 hours ago

on

April 22, 2024

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Prosecutors for the State of New York in their opening statement drew a direct line between the October 2016  “Access Hollywood” leaked audio and Donald Trump’s alleged “hush money” payoff to two women, including the adult film actress Stormy Daniels, telling the jury it was “election fraud, pure and simple.”

Legal experts are dissecting the prosecution’s opening argument. Professor of law, MSNBC contributor and former FBI General Counsel Andrew Weissmann summed it up, saying New York District Attorney Alvin Bragg “squarely places the NY criminal trial in the election interference/corruption bucket– exactly what the DC and GA indictments allege, just 4 years later.”

“And the NY alleged ‘cover up’ is reminiscent of the two MAL [Mar-a-Lago] alleged obstruction schemes post-presidency, to keep prosecutors from uncovering evidence of that scheme,” Weissmann added.

Prosecutor Matthew Colangelo late Monday morning in his 45-minute opening argument told jurors, “This case is about criminal conspiracy and a cover up,” according to MSNBC’s Joyce Vance.

READ MORE: ‘Rally Behind MAGA’: Trump Advocates Courthouse ‘Protests’ Nationwide

“The defendant, Donald Trump, orchestrated a criminal scheme to corrupt the 2016 presidential election,” Colangelo told jurors, CNN reports. “Then he covered up that criminal conspiracy by lying in his New York business records over and over and over again.”

“This was a planned, coordinated long-running conspiracy to influence the 2016 election, to help Donald Trump get elected through illegal expenditures,” Colangelo, a former U.S. Department of Justice Acting Associate Attorney General, told jurors.

“Another story about sexual infidelity, especially with a porn star, on the heels of the Access Hollywood tape would have been devastating to his campaign,” Colangelo added. “’So at Trump’s direction, Cohen negotiated the deal to buy Daniels’ story,’ and prevent it from becoming public before the election.”

“It was election fraud, pure and simple.”

Vance, an MSNBC legal analyst, professor of law and former U.S. Attorney, explains: “The scheme the prosecution is outlining is catch & kill to elect Trump-awful but lawful. Trump crossed the line into illegality when he created false business records to conceal his payments to Cohen to cover up the payments to Stormy Daniels.”

READ MORE: Fox News Host Suggests Trump ‘Force’ Court to Throw Him in Jail – by Quoting Him

“It’s always the cover up,” she adds.

Professor of law and former Deputy Assistant Attorney General Harry Litman adds, the prosecution told jurors “a straight election-interference story.”

Colangelo, Litman says, told jurors that Trump’s then personal attorney Micheal Cohen “then discussed the [Stormy] situation with Trump who was adamant he did not want the story to come out. Another story…on the heels of the Access Hollywood tape would have been devastating to his campaign.”

MSNBC legal contributor Katie Phang describes Colangelo’s opening argument, saying he is “working methodically and chronologically through the conspiracy, identifying the main characters and their involvement. He speaks clearly and succintly [sic].”

Trump has been criminally indicted in four separate cases and is facing a total of 88 felony charges, including 34 in his New York criminal trial for alleged falsification of business records to hide payments of hush money to an adult film actress and one other woman, in an alleged effort to suppress their stories and protect his 2016 presidential campaign, which could be deemed election interference.

Watch an MSNBC clip below or at this link.

 

READ MORE: Gaetz: ‘Corrupt’ Republicans Could ‘Take a Bribe’ and Throw House to Dems, Blocking Trump Run

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