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Free Speech Doesn’t Guarantee A Response, Or Prevent Us From Calling Out Bigotry

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Heated Election Reveals Gross Misunderstanding Of 1st Amendment

A recent poll from Monmouth University showed that about 7 percent of voters have lost friends over this election. Surprisingly though, 7 percent is a pretty typical rate for lost friendships in any election cycle, not just this one. Even if that number’s not so high or surprising, the same poll showed that 70 percent of American voters say that this year’s presidential election has brought out the worst in people.  

For the most part, I’d agree that’s true. We’ve seen a huge upswing in anti-Semitism, racism, Islamophobia, transphobia, and of course, misogyny. And sadly, that’s nowhere near an inclusive list of the other forms of hatred we’ve seen lately. 

But I’m not going to spend my time here talking about why we should all be nicer to each other and swallow our pride in order to make nice with our neighbors. That’s someone else’s column, not mine. Instead, I want to clear up some fallacies about speech — engaging in it, not engaging in it, and the things I think too many folks have forgotten.

  • Calling out hate speech isn’t a form of hate speech in itself. You don’t get to be offended that someone has reached the point where they can no longer accept your bigotry, racism or vulgarity. 
  • Your right to free speech isn’t diminished when someone refuses to engage with you in person or online. Multiple times in the recent days I’ve seen people cry foul and insist that they are owed a response to an insulting question or statement. Let’s be clear: no one owes you anything.
  • Your First Amendment rights go only so far as preventing government intrusion or prohibition. If someone chooses not to respond to your comments — or even if someone deletes your comments from an online page because they aren’t productive or they’re offensive — you have not lost one single right. You are not being silenced.
  • People practicing self-care is not an assault on your freedom of speech. Most folks have limited capacity for engaging in an offensive and tiring conversation and will need to step back or end it as an act of self preservation. When that happens, accept it. Don’t criticize the other person as being closed-minded or unwilling to listen. They’ve given you all the time they can and now they need to keep themselves healthy. 

I think that so much of the nastiness we’ve seen lately is an outgrowth of a sense of entitlement. We mistakenly confuse our right to say anything we believe in any situation as a responsibility to say anything we want in any situation. What’s more, we believe that we deserve a response at all times, and when we don’t get it, we somehow convince ourselves that we’re the ones being put out. We demand so much from other people we ignore the reality of our words and our actions.  

So when I wrote a little bit earlier that this wasn’t going to be a column about how to be nicer and make friends with your neighbor I was a bit wrong. I’m still not going to say that it’s our job to be nice to our oppressors or even those who harass us, but I will remind us all of this: No one owes us anything. Not their time, not their money, not their conversation, not their bodies. When we’re lucky enough to get any of those things? It’s a privilege, and we should treat it as such.

Robbie Medwed is an Atlanta-based LGBT activist, educator, and writer, and probably won’t respond to your comments. His column appears here weekly. Follow him on Twitter: @rjmedwed

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CRIME

Jan. 6 Grand Jury Witnesses Are Being Asked What ‘National Security Levers’ Trump Was Trying to Pull

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CBS News revealed a smidgen of news nested in a shocking episode of “Face the Nation,” in which Republican Rep. Tony Gonzales (R-TX) blamed Democrats for Donald Trump celebrating Jan. 6 attackers at his Waco, Texas rally over the weekend.

After, however, reporter Robert Costa noted that special counsel Jack Smith’s investigation into Donald Trump’s role in the Jan. 6 attacks had taken a turn.

“Based on our reporting, the special counsel is tightening his investigation around former President Trump when it comes to January 6, now compelling some of his top aides and allies to testify under oath about their private conversations with Trump,” he explained. “That means there’s no privilege, no executive privilege they can cite to try to block any kind of testimony on those issues.”

This has been a losing battle for a number of officials that attempted to assert executive privilege during the House Select Committee’s investigation into the insurrection and the attempt to overthrow the 2020 election. Ultimately, Congress voted to hold a few of those subpoenaed in contempt of Congress and those proceedings are moving forward despite the House changing hands to the GOP.

“We know the special counsel is looking into a possible conspiracy case against Trump and people around him about trying to block the congressional proceedings on January 6,” Costa continued. “We’re going to potentially hear now from Mark Meadows. Robert O’Brien, the former national security adviser, John Ratcliffe, the former director of national intelligence.”

Costa went on to say that witnesses brought to the grand jury are being asked about the kind of “national security levers Trump was asking about in those final days.”

Some of the militia members had said over chats that it was important that they riot so that it would give Trump what he needed to declare the Insurrection Act of 1807 or declare martial law. That would then allow him to deploy the military, seize voting machines, and ultimately allow him to stay in office. Trump had toyed with the idea during the summer of 2020 during the protests of the slaying of George Floyd.

Costa also brought up the document theft case, which is also being investigated by the special counsel. He noted that it’s extremely rarefor a judge to call in a defendant’s lawyer to testify. As legal analysts explained this week, it only happens if there is enough evidence that a crime was committed. It means that a judge believes that’s exactly what happened.

“Evan Corcoran, Trump’s lawyer in this case, [is] now being told to come in, and he did come in for hours on Friday,” Costa said. “And he didn’t just talk about his broad view. He had to share audio files, notes, details about all of his conversations with Trump about how Trump handled those federal requests about classified documents. Think back to the Mar-a-Lago FBI search last summer. Corcoran was pressed about what was Trump doing at that intense time. And that really gives the prosecutors a prism into what really happened.”

Costa later added more details on Twitter about the information he’s gathered.

“Sources directly familiar with witnesses and questions tell me it’s clear Special Counsel is now ‘tightening’ the Jan. 6 probe around Trump and his inner circle, with focus on infamous 12/18/20 Oval [Office meeting], and efforts to push national security, DOJ official,” he tweeted. “Witnesses have been pressed in recent weeks about [Rudy] Giuliani, [Sidney] Powell and others who sought to use levers of government to stop the certification of the election… and sources directly involved believe a case on conspiracy to obstruct an official proceeding could be in the works.”

See the segment in the video below or at the link here.

 

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'DEHUMANIZING AND DANGEROUS'

Trump Team’s Efforts to Rein Him ‘Wilted’ in Waco as He Invoked ‘Retribution and Violence’: Report

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Any hope that Donald Trump’s new re-election team may have had that they could steer him into running a more conventional campaign appears to have been swept aside as he used his first major rally to whip up the crowd with a litany of grievances and personal attacks.

According to the Guardian’s David Smith, during Trump’s appearance in Waco late Saturday, the former president used his speech to “invoke retribution and violence” at his perceived enemies, with attacks on Manhattan District Attorney Alvin Bragg and Florida Gov. Ron DeSantis (R-FL) who might possibly challenge him for the Republican Party’s 2024 presidential nomination.

As Smith wrote, “Efforts by Trump’s team to steer a more conventional, disciplined candidacy have wilted in recent days as the 76-year-old unleashed words and images that – even by his provocative standards – are unusually dehumanising, menacing and dangerous,” before adding nothing the past week Trump used “increasingly racist rhetoric as he launched ever more personal attacks against Alvin Bragg, the Manhattan district attorney, raising fears that supporters could try to lash out on his behalf. Trump even shared an image of himself holding a baseball bat next to a picture of Bragg.”

RELATED: Trump is giving his ‘violent followers’ time to get organized: former FBI official

According to the Guardian report, “Wearing a dark jacket, white shirt and no tie, he said: ‘I got bad publicity and my poll numbers have gone through the roof – would you explain this to me … It gets so much publicity that the case actually gets adjudicated in the press and people see it’s bullshit.'”

The former president also, once again, called his 2024 run the “final battle.”

“Our opponents have done everything they can to crush our spirit and to break our will. But they failed. They’ve only made us stronger. And 2024 is the final battle, it’s going to be the big one. You put me back in the White House, their reign will be over and America will be a free nation once again,” he told the crowd.

You can read more here.

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Trump Desperate to Keep Any Possible Criminal Evidence From Supreme Court: Legal Expert

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Donald Trump’s decision to allow one of his lawyers to speak before a grand jury on Friday morning, instead of appealing all the way to the Supreme Court, may have been made out of fear of what the justices on the nation’s highest court might see if they reviewed the case.

According to MSNBC legal analyst Lisa Rubin, under normal circumstances, the former president would have dragged out a legal fight over attorney-client privilege that would have kept attorney Evan Corcoran from testifying under oath about Trump’s possession of government documents at his Mar-a-Lago resort that led to the FBI showing up with a warrant.

As Rubin notes, the fact that Trump let Corcoran testify over three hours raised eyebrows.

“For one, yes, it is indeed unusual, if not unheard of, for a lawyer to be litigating against a party one day and then testifying under court-ordered examination by that same party the next one,” she wrote before suggesting Trump and his legal team were looking at the long game when he might need the predominantly conservative Supreme Court to lend him a helping hand.

RELATED: Revealed: Emails show how Trump lawyers drove Michael Cohen to turn on the president

Writing, “Trump has made clear he believes this Supreme Court — controlled by conservative justices, three of whom he appointed — owes him one,” she added, “My hunch is that Trump’s team let Corcoran’s testimony happen because of what’s likely involved in any request to pause, much less, review a crime-fraud-related ruling: the evidence.”

“Put another way, if Trump had petitioned the Supreme Court to stay Corcoran’s testimony and document production, the justices would have seen some, if not all, of what Judge Howell and the three-judge panel on the D.C. Circuit have already reviewed: proof that Trump misled Corcoran and engaged in criminal conduct,” she elaborated.

Rubin went on to note that Trump would likely appeal any conviction to the Supreme Court, writing, “And for someone whose one last hope, if he is ultimately charged or tried by any of the multiple entities now investigating him, is that same Supreme Court, letting the justices see evidence of his alleged crimes now would be a bridge too far.”

“Trump can’t afford to lose the Supreme Court yet,” she suggested.

You can read more here.

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