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Breaking: Supreme Court Rejects Appeal in Gavin Grimm Transgender Rights Case

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Bad News for Transgender People

In a setback for the civil rights of transgender people, the U.S. Supreme Court refused to hear an appeal sought by the ACLU, representing Gavin Grimm, a transgender teenaged boy suing for the right to use boys’ restrooms in his Virginia high school.

The Court sent the case back to the lower court, but it also vacated the lower court’s ruling, in a disturbing move, citing the Trump Justice Department’s new position.

“The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of the guidance document issued by the Department of Education and Department of Justice on February 22, 2017,” the Court’s short statement reads.

UPDATE I: 10:04 AM EST –
Read NBC’s Pete Williams’ take:

UPDATE II: 10:10 AM EST –

Lambda Legal’s Eric Lesh:

ACLU’s Chase Strangio:

Slate’s Mark Joseph Stern:

 

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.

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RIGHT WING EXTREMISM

‘Arsonist’ Trump Criticized for Ratcheting Up Anger in Fox News Interview as He Claims He ‘Will Do Whatever’ to Help

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Donald Trump and Fox News are both being criticized for a Monday interview in which the right wing media outlet quotes the former president repeatedly ratcheting up the anger in his base over the FBI’s lawful execution of a search warrant while claiming he will do whatever he can to help the country.

“Interesting … stenographic choices in the morning’s lead story,” notes Wayne State journalism professor Fred Vultee, pointing out Fox News’ uncritical copying of whatever the former President told them despite appearing to be under criminal investigation for possible violations of the Espionage Act and other federal laws. Vultee, who teaches news editing, political communication, and content analysis, according to his bio, also notes Fox News incorrectly spelled dangerous as “dangrous.”

Media Matters’ Matthew Gertz described it as: “Arsonist tells accomplice that the fire has gotten out of hand.”

Attorney and former Republican Ron Filipkowski made a similar observation: “Arsonist Offers To Help Put Out Fire.”

READ MORE: Trump Makes False Claims About Classified Documents – And Obama

In its “exclusive” article Fox News writes, “Former President Trump said he ‘will do whatever’ he can ‘to help the country,’ after the FBI’s raid of his Mar-a-Lago home last week, telling Fox News Digital that the ‘temperature has to be brought down,’ while stressing that the American people are ‘not going to stand for another scam.'”

Rather than trying to bring the temperature of his supporters down, Trump appeared to stoke the fire.

“The country is in a very dangerous position. There is tremendous anger, like I’ve never seen before, over all of the scams, and this new one—years of scams and witch hunts, and now this,” Trump told Fox News. “There has never been a time like this where law enforcement has been used to break into the house of a former president of the United States, and there is tremendous anger in the country—at a level that has never been seen before, other than during very perilous times.”

“I’ve never seen anything like this,” Trump continued. “It is a very dangerous time for our country.”

Visiting Georgetown University professor Thomas Zimmer observes: “Unity; avoiding tensions; lowering the temperature – It all sounds fine in a vacuum. But in the concrete context of the current political conflict, it all basically means the same thing: Impunity for Trump, surrendering to the Right; sacrificing democracy and the rule of law.

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

Fox News also reports “Trump said he had his representatives reach out to the Justice Department to offer to help amid outrage over the FBI’s unprecedented raid on his private residence last week,” and he “told Fox News that his team ‘has not heard yet’ from the Justice Department on whether they will accept his offer for help.”

“People are so angry at what is taking place,” Trump added. “Whatever we can do to help—because the temperature has to be brought down in the country. If it isn’t, terrible things are going to happen.”

Trump re-upped the claim that the FBI could have planted evidence, even after falsely declaring all documents were legally declassified.

“They could take anything they want, and put anything they want in,” Trump said, adding, baselessly, they “could have planted anything they wanted.”

Fox News did not appear to offer any clarification or push back against anything Trump said. It also offered no balance, including any quotes from legal experts or political experts, nor did the Fox News article offer any reaction from the left, where there too is tremendous anger over Trump allegedly taking and refusing to return 35 cartons of materials from the White House, including highly classified documents, according to the federal warrant and news reports.

The Fox News article ends by saying, “sources close to Trump told Fox News that the former president will soon be making an announcement about a potential presidential run in 2024.”

 

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BREAKING NEWS

‘Direct Personal Knowledge’: Federal Judge Denies Lindsey Graham’s Request to Quash Subpoena Ordering Him to Testify

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A federal judge in Georgia Monday morning denied U.S. Senator Lindsey Graham‘s motion to quash a subpoena from the Fulton County special purpose grand jury investigating efforts to overturn the results of the 2020 presidential election. Politico’s Kyle Cheney was first to report the development.

“Senator Graham has direct personal knowledge of conversations with Georgia election officials which have been the subject of public dispute as to the nature of his inquiries and requests, including any implicit or overt suggestions to discard ballots or otherwise alter the election results,” U.S. District Judge Leigh Martin May writes.

Quoting Fulton County District Attorney Fani Willis, Judge May notes that “the District Attorney described Senator Graham as a ‘necessary and material witness in [the Special Purpose Grand Jury] investigation’ not only because of his personal knowledge of the phone calls with Georgia election officials, but also because he possesses ‘unique knowledge’ concerning ‘the Trump Campaign and other known and unknown individuals involved in the multi-state, coordinated efforts to influence the results of the November 2020 election in Georgia and elsewhere.'”

READ MORE: Georgia DA Says ‘Possible’ Trump Could Be Subpoenaed, Lindsey Graham ‘Doesn’t Understand Seriousness’ of Investigation

Graham will have to prove his case if he wants to avoid testifying. As Judge May’s explanation of the arguments in the case suggests, that may prove challenging.

Judge May says in her ruling that “the Court finds that there are considerable areas of potential grand jury inquiry falling outside the Speech or Debate Clause’s protections.”

“Additionally, sovereign immunity fails to shield Senator Graham from testifying before the Special Purpose Grand Jury. Finally, though Senator Graham argues that he is exempt from testifying as a high-ranking government official, the Court finds that the District Attorney has shown extraordinary circumstances and a special need for Senator Graham’s testimony on issues relating to alleged attempts to influence or disrupt the lawful administration of Georgia’s 2022 elections.”

Because Sen. Graham asked for the subpoena to effectively be tossed out, the judge did not dive further into the merits, instead ordering the case be sent back to the Superior Court of Fulton County.

READ MORE: Lindsey Graham Again Consults With Trump’s Attorneys – in the Middle of the Trial: ‘They Actually Pulled Him Off Floor’

He will have to either testify or convince the court he is somehow immune from doing so.

As the judge wrote, those issues Graham will have to address include his claim “that the Speech or Debate Clause of the U.S. Constitution completely shields his testimony,” “that the doctrine of sovereign immunity protects him from testifying,” and “that the subpoena should be quashed because he is a high-ranking government official.”

This is a breaking news and developing story. 

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News

‘This One Is Different’: Trump Allies Increasingly Concerned About ‘Deeply Serious’ Scandal

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MSNBC’s Jonathan Lemire revealed that Donald Trump’s allies are increasingly concerned about the investigation into his handling of highly sensitive government documents.

The FBI executed a search warrant last week at Mar-A-Lago and seized 11 sets of classified materials, and Lemire said the former president’s allies are starting to worry that this scandal won’t easily be brushed aside.

“Well, as someone put it to me recently, there are few things the government doesn’t have a sense of humor about,” Lemire said. “National security, classified documents, one of them. This is something that is, indeed, going to be followed through to the very end by the Department of Justice, with a charging decision over the horizon at some point. First part of the question, the Biden administration is keeping their distance. They want to act independently, we have no influence, they’re not talking about it. President [Joe] Biden on a well-timed vacation to avoid reporters’ questions on the matter.”

“In Trump world, there is growing concern,” he continued. “Some people I’ve talked to over the last week who sort of play this down. ‘Look, Donald Trump got in trouble before, he always seems to get out of it. This will be — people are talking about him again. Look, we’re raising all this money. This could be good for Republicans, we have something to rally around,’ as the political momentum turned against them. You’re hearing some of that.”

RELATED: ‘Benedict Donald’ Trump ‘understood the stakes in the search warrant that was executed’: MSNBC panel

But Trump’s inner circle is less confident that he can weather this political storm.

“To those close to the former president, some worry this is different,” Lemire said. “This is not a political scandal he can try to shake off. This is a different matter, one with real serious consequences. We have seen from Republicans in the first two days after the search, incredible, incendiary rhetoric against the FBI, against the federal government, condemning what happened. There has been word from those close to Trump saying, ‘Hey, this one might be serious, let’s not totally go on the offensive yet. Let’s let this play out a little while longer.'”

“There is registering some concern in Trump world, that this one is different and deeply serious,” Lemire added.

Watch the video below or at this link.

 

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