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The Media Is Lying About Why North Carolina Is Being Sued

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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

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‘Afraid and Intimidated’: Trump Trial Juror Targeted by Fox News Dismissed

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One of seven jurors selected to serve on the New York criminal trial of Donald Trump has been dismissed after telling the judge she became concerned about her ability to remain impartial. That concern came after too many identifying details about potential jurors this week were reported by the press, leading the judge to admonish the media Thursday morning.

“Although the jurors’ names are being kept confidential, the woman, a nurse, ‘conveyed that after sleeping on it overnight she had concerns about her ability to be fair and impartial in this case,’ New York Supreme Court Judge Juan Merchan said before calling her into the room for questioning,” the Associated Press reports. “The woman said her family members and friends were questioning her about being a juror.”

Judge Merchan, after he had questioned the juror, chastised the media, specifically directing reporters to “abide by common sense” and not report jurors’ identifying information, as some in the press had done as soon as jury selection began.

“As evidenced by what’s happened already, it’s become a problem,” Judge Merchan said.

“We just lost what probably would have been a very good juror,” he noted. “She said she was afraid and intimidated by the press, all the press.”

RELATED: ‘Big Journalism Fail’: Mainstream Media Blasted Over Coverage of Historic Trump Trial

Alexander Panetta of Canada’s CBC News adds, “Merchan wants changes in the juror info that gets out to the public. He says jurors’ employer name will be redacted from court records.”

But he also reports the now-excused juror “says family and friends [said] that she had been easy to identify, based on publicly available info about her from the court. She said she definitely has concerns now.”

Merchan also “lamented that media reported another juror has an Irish accent. He asked media in the room to be more careful.”

Responding to the loss of the juror, The Atlantic’s David Drum remarked, “[Trump] juror intimidation gets results.”

The dismissed juror had been targeted by Fox News’ Jesse Watters on Tuesday (video below).

“I’m not so sure about Juror No. 2,” Watters told Fox News views.

Trump on Wednesday, appearing to violate his gag order, had targeted the jurors.

READ MORE: ‘Stop Bringing Up Nazis and Hitler’: Marjorie Taylor Greene Smacked Down by Democrats

Former state and federal prosecutor Ron Filipkowski, the editor-in-chief of MeidasTouch Network, commented, “Fox & Trump are coordinating to intimidate jurors.”

Mediate reported, “Donald Trump appeared to violate the gag order set forth by Judge Juan Merchan.”

“On Wednesday, Trump took to Truth Social and quoted comments made about potential jurors by Fox News host Jesse Watters on The Five Wednesday night.”

Trump quoted Watters, posting: “They are catching undercover Liberal Activists lying to the Judge in order to get on the Trump Jury.”

“That post appears to be in direct violation of Merchan’s gag order, a reality highlighted by JustSecurity’s Ryan Goodman,” Mediate added.

On Wednesday Watters had gone even further and presented biographical and identifying details of all seven jurors. That video is currently at the top of a pinned post on the Fox News website.

READ MORE: Fox Personality’s Tweet Called ‘Jury Tampering’ by US Congressman

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‘Used by the Russians’: Moskowitz Mocks Comer’s Biden Impeachment Failure

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After Democratic House Oversight Committee Ranking Member Jamie Raskin blasted Republican Chairman Jim Comer, declaring “somebody needs therapy here” during a heated verbal brawl Wednesday afternoon, U.S. Rep. Jared Moskowitz (D-FL) mockingly urged committee members to come together to “begin Comer’s therapy session.”

In a viral three-minute walkthrough of the discredited far-right wing chairman’s efforts, including making false claims and use, as Moskowitz noted, Russian disinformation to try to build a case against President Joe Biden, the Florida Democrat appeared to put the final nail in the impeachment coffin.

Moskowitz told the committee members Chairman Comer has to “face the fact that he was taken by the Russians,” and “was used by the Russians.” He also noted the committee has “already lost” Comer “to Russian propaganda.”

“I mean, we got to build a forcefield around the Chairman to make sure we don’t lose him to Chinese propaganda as well.”

READ MORE: ‘Big Journalism Fail’: Mainstream Media Blasted Over Coverage of Historic Trump Trial

Moskowitz made clear, through his well-known wit, that Comer “no longer has impeachment” as an option to use against President Biden.

The video has gone viral, with over 175,000 views in just over one hour.

Read the transcript of Moskowitz’s remarks and watch the video below or at this link.

“Let me start by saying, obviously Chairman Comer’s not here, but I think in light of what we witnessed earlier, I think it’s important that together as a committee that we begin, Chairman Comer’s therapy session, right. You know, a member of the other side wanted to confirm what the title of the hearing was, right, Chinese propaganda. Well, we know the title of the hearing certainly isn’t about impeachment anymore. And Chairman Comer has suffered tremendous loss, and we all know in our life, what it’s like to suffer tremendous loss. There’s all sorts of different stages of grief and that’s the loss obviously, of his of his impeachment hearing. And everyone deals with that in different ways and sometimes it takes time to grieve and struggle and and fill that hole that void that now exists now that he no longer has impeachment.”

“The only way we as a committee are going to help Chairman Comer get better is we have to get to the root cause. Right? So for today’s therapy session, okay, I want to talk about denial. Right? The denial that the impeachment hearings are over, and the denial, obviously, that he started with the 1023 form, which was Russian disinformation. And so, you know, Chairman Comer’s psychology teaches us that, you know, someone might be like him, using denial as a defense mechanism. And signs include that you refuse to talk about the problem. You find ways to justify your behavior, you blame other people or outside forces for causing the problem. You persist in your behavior by consequences. You promise to address the problem, maybe in the future, or you avoid thinking about the problem. And so in addition to these signs that Chairman comer has been displaying, as we saw at the beginning, he also might be feeling hopeless or helpless.”

READ MORE: ‘Scared to Death’: GOP Ex-Congressman Brings Hammer Down on ‘Weak’ Trump

“I just want the chairman to know that we’re pulling for him. We really we really are. I know, I know. It’s been hard to become someone who was used by the Russians. But the good news is, is that he’s this hearing today on Chinese propaganda, because we’ve already lost him to Russian propaganda. I mean, we got to build a forcefield around the chairman to make sure we don’t lose him to Chinese propaganda, as well.”

“In fact, you can see behind me, these are quotes from the chairman, Chairman Comer. Every single solitary time and there are hundreds more that he went on TV in interviews and talked about this 1023 form, which was all Russian disinformation. But we gotta make the Chairman understand that it’s going to be okay. We will get him through this, but he’s got to recognize, gotta recognize that denial is not just a river in Egypt. He’s gonna have to face the fact that he was taken by the Russians.”

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‘I Have a Bucket of Water’: Dems to Save Johnson’s Job Over GOPer Who Wants ‘World to Burn’

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Mike Johnson can count on at least some Democrats to save his job after a second Republican announced he supports U.S. Rep. Marjorie Taylor Greene‘s efforts to remove the embattled GOP Speaker of the House. Weeks ago Greene filed a motion to “vacate the chair,” which she can call up at any time to force a vote that could lead to Johnson losing his gavel.

“I just told Mike Johnson in conference that I’m cosponsoring the Motion to Vacate,” U.S. Rep. Thomas Massie (R-KY) declared late Tuesday morning. “He should pre-announce his resignation (as Boehner did), so we can pick a new Speaker without ever being without a GOP Speaker.”

“You’re not going to be the speaker much longer,” Massie directly told Speaker Johnson, Politico reports, citing two lawmakers in the room.

Asked by a social media user, “What was the straw that broke the Camel’s Back? FISA? Foreign War Funding? Spending more than Nancy Pelosi? All of the above?” Massie replied: “All of the above. This camel has a pallet of bricks.”

Like many far-right House Republicans, Massie is furious Speaker Johnson plans to put on the floor foreign aid and national security legislation to support Ukraine, Israel, and Taiwan this week, only after Iran’s attack on Israel over the weekend forced his hand.

“Friday, we have one less Republican in the majority as Rep Gallagher leaves instead of finishing his term,” Massie wrote earlier Tuesday morning, referring to exiting U.S. Rep. Mike Gallagher (R-WI). “As a going away gift, Speaker Johnson plans to force the senate to take up Gallagher’s bill to ban tiktok and give Presidential power to ban websites.”

READ MORE: ‘Something’s Fishy Here’: Trump’s Latest $175 Million Bond Filings Questioned by Experts

“But still no border,” Massie lamented, referring to Republicans’ top priority after Donald Trump made clear he will campaign on an anti-immigrant platform and urged Republicans to block bipartisan legislation to fund additional border security.

(President Joe Biden and Senate Democratic Majority Leader Chuck Schumer supported the Senate’s bipartisan bill, which would have provided aid to Ukraine, Israel, Taiwan, humanitarian assistance to Gaza, and a massive increase in border security. It was killed in the Senate after Republican Minority Leader Mitch McConnell pulled his support in response to Trump’s remarks.)

Congresswoman Greene, who was accused by U.S. Rep. Jared Moskowitz last week of not having enough votes to “rename a post office,” much less unseat Speaker Johnson, responded to Massie’s remarks:

“Johnson is the Deep State Speaker of the House funding the Democrat’s agenda in an omnibus, blocking warrant requirements for FISA, this week ramming through billions for Ukraine, and now this after allowing Gallagher to leave his district without representation. Can’t continue.”

She also posted Massie’s signature signing onto her Motion to Vacate.

In a show of support for Johnson, last week Donald Trump held a joint press conference with the embattled Speaker, during which both attacked immigrants and Johnson vowed legislation to ban non-citizens from voting. It is already a federal felony for non-citizens to vote.

CNN’s Manu Raju reports, “after Gallagher resigns — Johnson would almost certainly need Democrats to save his job if the motion to oust him comes up for a vote. Democratic Rep. Jared Moskowitz says he would save Mike Johnson’s job if MTG [Marjorie Taylor Greene] brings motion to oust him.  Others like Democratic Rep. Tom Suozzi also said they would vote to save Johnson  ‘Democrats don’t even let her rename post offices, I’m not gonna let her make a motion to vacate,’ Moskowitz told me.”

Moskowitz responded, saying: “My position hasn’t changed. Massie wants the world to burn, I won’t stand by and watch. I have a bucket of water.”

READ MORE: ‘Scared to Death’: GOP Ex-Congressman Brings Hammer Down on ‘Weak’ Trump
 

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