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Kim Davis’ Personal Religion-Based Refusal to Issue Marriage Licenses to Same-Sex Couples Just Cost Taxpayers $225,000

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Same-Sex Couple Who Were Refused License Wins Federal Court Decision

It was two years ago, just two weeks after the Supreme Court ruled same-sex couples have a constitutional right to marry, when David Ermold and David Moore tried to obtain a marriage license. July 7, 2015. They were refused by Rowan County, Kentucky clerk Kim Davis, who said she was acting “under God’s authority.”

The couple’s viral video kicked off a nationwide discussion pitting religious right activists against those who support the constitutional guarantee of equal protection and the freedom to marry. 

David Ermold and David Moore, known as “the Davids,” later that year obtained a marriage license, elsewhere, and were finally wed.

On Friday they won another victory. They will not be forced to pay legal fees of $225,000, caused when Davis repeatedly refused to issue them a marriage license. The Rowan County clerk had claimed doing so would violate her deeply held religious beliefs.

U.S. District Judge David Bunning jailed Davis for six days but she refused to relent, and was freed in a theatrical event during which then-presidential candidate Mike Huckabee swooped in.

While Ermold and Moore will not have to fork over hundreds of thousands of dollars, neither will Kim Davis, who is still the Rowan County clerk.

According to Kentucky.com, the State of Kentucky will pay the legal fees for Davis’ personal decision to not execute the functions of her job.

Judge Bunning “rejected holding Davis personally responsible for the debt because, he said, the couples prevailed against her in her ‘official capacity’ as a public official,” the paper adds.

“Davis represented the Commonwealth of Kentucky when she refused to issue marriage licenses to legally eligible couples. The buck stops there,” Bunning wrote Friday morning. 

“The plaintiffs prevailed by every measure of victory,” Bunning wrote. “Plaintiffs obtained marriage licenses that could not be revoked. And two of the plaintiff-couples married on those licenses. That is enduring relief. There is nothing more the court could do.”

Davis’ attorneys at Liberty Counsel, an anti-gay hate group, will appeal Judge Bunning’s decision, even though their client is not responsible for the fees.

“It is unfortunate that Kentucky taxpayers will likely bear the financial burden of the unlawful actions and litigation strategies of an elected official, but those same voters are free to take that information into account at the ballot box,” William Sharp, legal director for the ACLU of Kentucky, told Kentucky.com.

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BREAKING NEWS

Trump Lawyer’s ‘Critical Evidence’ Will Help DOJ Make Decision to Charge ‘Without Significant Delay’: Former Prosecutor

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Donald Trump‘s attorney Evan Corcoran, who allegedly directed another Trump attorney to draft the false statement claiming all classified and sensitive documents had been returned, has been ordered to testify before a grand jury and hand over documents and records to Special Counsel Jack Smith in the Mar-a-Lago classified documents criminal investigation.

Trump appealed U.S. District Judge Beryl Howell’s decision ordering Corcoran to testify and hand over documents, including handwritten notes. The Appeals Court in light speed mode, rejected Trump’s appeal.

Corcoran will be testifying before the grand jury on Friday, CNN reports.

RELATED: ‘National Security Implications’: Former DOJ Official Speculates on Ruling Ordering Trump Attorney to Hand Over Docs

One former top DOJ official, Brandon Van Grack, says the “Special Counsel is about to get access to the most critical evidence in the case. Should allow DOJ to make a charging decision without significant delay.”

He did not define what “without significant delay” means in terms of days, weeks, or months.

Van Grack served at Main Justice for eleven years, including as a lead prosecutor in Special Counsel Robert Mueller’s Russia investigation, and later, as the Chief of the DOJ’s Foreign Agents Registration Act (FARA) Unit.

“The announcement from a panel of three judges in the appeals court – less than a day after Trump sought to put Corcoran’s testimony on hold – adds momentum to the special counsel investigation as it seeks to secure evidence that could make or break a federal criminal case against Trump,” CNN explains. “The Justice Department has successfully argued in court that prosecutors have enough evidence that Trump’s interactions with the lawyer were part of a possible crime that they can pierce the confidentiality of the conversations between the two.”

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BREAKING NEWS

‘National Security Implications’: Former DOJ Official Speculates on Ruling Ordering Trump Attorney to Hand Over Docs

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A former top Dept. of Justice official says a federal judge’s expedited ruling ordering an attorney for Donald Trump to testify against his client before a grand jury and hand over documents very well may be related to “national security.”

U.S. District Judge Beryl Howell ruled that DOJ Special Counsel Jack Smith had successfully made the case Donald Trump may have committed a crime, via his attorneys, in his classified documents case. That finding allowed her to invoke the crime-fraud exception, and order Trump attorney Evan Corcoran to testify before the grand jury investigating the ex-president’s unlawful retention and refusal to return hundreds of classified documents.

Former FBI General Counsel Andrew Weissmann, who also worked for Special Counsel Robert Mueller and headed the DOJ’s Criminal Fraud Section, Wednesday afternoon on MSNBC said it’s possible Judge Howell’s expedited decisions were related to national security.

Tuesday night Judge Howell ordered DOJ to provide information by 6:00 AM Wednesday.

READ MORE: Jim Jordan’s Attack on Manhattan DA Will ‘Backfire’ and Allow Democrats to Expose Coordination With Trump: Columnist

Trump appealed Howell’s ruling, and Wednesday afternoon the Appeals Court denied his appeal related to the documents, Politico reports.

“I’ve never seen anything that quick. It’s very hard to know why. I have to say, to me, when I think about what can be a plausible reason– and this is pure speculation – is that there must be something in the papers that gave the judges concern about national security implications, because it’s such a short timeframe.”

“The reason this is a bombshell is you could end up with Evan Corcoran as a key, fundamental witness against Donald Trump in an obstruction of justice case and a false statements case,” Weissmann adds.

According to Politico, Wednesday’s appeals court ruling “effectively permits the Justice Department to circumvent Trump’s attorney-client privilege after a lower-court judge found that the documents likely contain evidence of a crime.”

NEW: Trump Lawyer’s ‘Critical Evidence’ Will Help DOJ Make Decision to Charge ‘Without Significant Delay’: Former Prosecutor

 

This article was updated to correctly spell Andrew Weissmann’s last name.

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RIGHT WING EXTREMISM

Trump Appeals After Judge Agrees With Special Counsel on Crime-Fraud Exception and Requires His Attorney to Testify

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Donald Trump’s attorneys have appealed a ruling that requires one of his lawyers to testify before a grand jury investigating his unlawful removal, retention, and refusal to return classified documents from the White House.

Attorneys for the Special Counsel “said there is evidence of a deliberate effort not to turn over all the material covered by the subpoena,” The Washington Post reports, citing people familiar with the matter.

U.S. District Judge Beryl Howell had reportedly agreed with Special Counsel Smith that there is sufficient evidence proving Donald Trump may have committed a crime via his attorneys, and ruled his attorney must testify before a grand jury. The ruling, which was not made public, was handed down Friday night, NBC News reported Wednesday afternoon.

Judge Howell “ruled in favor of applying the ‘crime fraud’ exception to Trump’s attorney-client privilege and ordered Trump lawyer Evan Corcoran to testify before the federal grand jury.”

READ MORE: ‘On Standby’: Experts Say Manhattan Hush Money Grand Jury Delay ‘Not All That Surprising’

Trump’s attorneys have already appealed the ruling.

“People familiar with the matter said an appeals panel has already begun reviewing the decision, after Trump’s lawyers appealed,” The Washington Post adds. “The extraordinarily quick timeline suggests that the judges — all nominated by Democratic presidents — intend to rule swiftly.”

Trump could take his case all the way to the Supreme Court, but The Post says it’s “not clear he would have a much better chance of success there.”

According to an NBC News report from October, Corcoran directed another Trump attorney, Christina Bobb, to sign the letter claiming a thorough search of Mar-a-Lago had been made and all classified or “sensitive” documents had been returned. That was proven untrue after federal agents, executing a search warrant, recovered hundreds of documents with classified markings.

NEW: ‘National Security Implications’: Former DOJ Official Speculates on Ruling Ordering Trump Attorney to Hand Over Docs

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