Trump Won Two-Thirds of Election Lawsuits Where Merits Considered

Voters line up for the first day of early voting outside of the High Museum polling station in Atlanta, Georgia on Dec. 14, 2020. (Jessica McGowan/Getty Images)

The claim often repeated by the mainstream media, social-media content moderators, and fact-checkers that lawsuits filed by President Donald Trump’s campaign and Republicans were universally dismissed by the courts is untrue, according to a new analysis.

The findings do not necessarily suggest that if the lawsuits had all been decided before Joe Biden was certified as the official winner of the presidential election by Congress on Jan. 7 that former President Trump would have won the hotly contested election.

Nor would they necessarily have affected many of the Electoral College votes won by Biden in the disputed battleground states. Some of the legal victories took place in states like Colorado and Iowa where the popular vote counts for the respective winners of those states –Biden in Colorado and Trump in Iowa— were not close.

Of the 22 cases that have been heard by the courts and decided on their merits, Trump and Republicans have prevailed in 15, according to citizen journalist John Droz Jr., a physicist and environmental advocate in Morehead City, N.C.

This means Trump has won two-thirds of the cases fully adjudicated by the courts.

Droz and a team of volunteers dug through court filings and legal minutiae to track down 81 lawsuits that were filed in connection with the Nov. 3, 2020 presidential election. The lawsuits were tracked on Droz’s publicly available spreadsheet that was current as of Feb. 6.

Of the 81 cases, 11 were withdrawn or consolidated and 23 were dismissed for lack of standing or on other grounds. Both the cohort of 11 and of 23 should not be considered “wins or losses for either side,” Droz says, because they “have nothing to do with the merits of the case.”

This leaves 47 cases. Of those 47, 22 have been finalized after the court heard arguments, considered evidence, and then issued a ruling.

Of those 22, Trump or Republicans won 15 and lost 7, according to the analysis.

This leaves 25 lawsuits that have yet to be finally disposed of.

This means Trump and Republicans “have WON the majority of 2020 election cases fully heard, and then decided on the merits!” Droz said in a statement. “Is that what the mainstream media is reporting?”

Among the legal victories for Republicans were:

RNC v. Miller, in the Iowa courts, a lawsuit in which the Republican National Committee won an injunction over absentee ballot applications.

RNC v. Gill, in the Iowa courts, in which the Trump campaign won an injunction preventing a county official from distributing and accepting signed forms containing preprinted information.

Trump for President v. Boockvar, in the Pennsylvania courts, in which the Trump campaign was granted an injunction against the counting of mail-in and absentee ballots where voters were allowed to provide proof of identity days after Election Day.

Droz noted that only three lawsuits addressed voting machine inaccuracies.

“One of these was dismissed (due to jurisdiction), one was ruled against (although no discovery was granted), and one is still open (discovery was granted).”

“The likely explanation for so few cases in these two areas is that legally proving fraud or voting machine manipulations are very time-consuming processes, that require substantial investigative work and documentation. There simply wasn’t enough time to do this prior to key points in the process (like the Electoral College).”

“Our view is that the public needs to be much better educated regarding the election integrity issue—and having a more accurate understanding of the lawsuit component is a key part of that,” Droz wrote, explaining the purpose of his report

Source: Trump Won Two-Thirds of Election Lawsuits Where Merits Considered

‘Never Warned Me’: Twitter Suspends Conservative Radio Host Wayne Allyn Root

Twitter CEO and co-founder Jack Dorsey gestures while interacting with students at the Indian Institute of Technology (IIT) in New Delhi, India, on Nov. 12, 2018. (Prakash Singh/AFP via Getty Images)
 

Twitter suspended conservative radio host Wayne Allyn Root over the weekend alongside the permanent suspension of The Gateway Pundit.

“I am in shock,” Root told Fox News in confirming the development. “It appears to be a permanent ban. Although I don’t know.”

“Twitter never warned me. … And never sent any communication saying I’ve been suspended or banned. I simply tried to tweet yesterday afternoon and could not,” he said. “But unlike a previous suspension … My followers suddenly said 0.”

The Epoch Times has reached out to Twitter for comment.

When attempting to access Root’s Twitter page, it displays the typical suspension message: “Account suspended … Twitter suspends accounts which violate the Twitter Rules.”

Root told Fox News that he asked why he was suspended, saying he was previously suspended for questioning lockdown policies surrounding the CCP (Chinese Communist Party) virus.

“That got me a 7-day suspension for ‘misleading medical advice,’” Root said. “We made Jack Dorsey one of the richest men on earth. He got an army of worker bees to spend thousands of hours for free making him rich. And what’s my reward? No more free speech. In America. My opinions are banned. My opinions are forbidden,” he added, referring to the Twitter CEO.

And as of Saturday, The Gateway Pundit’s account was no longer available. Prior to the suspension, the account had around 375,000 followers.

The website’s founder, Jim Hoft, said the suspension came after the website posted an update about alleged election fraud on Election Day at Detroit’s TCF Center.

“Just an FYI—The fake news media and others challenged our TCF Center video report from Friday. That was a bad move. We have much more coming!” he wrote on his website.

Following the Jan. 6 Capitol breach, Twitter, Facebook, Amazon, and Google have handed out permanent bans of numerous prominent conservatives, including former President Donald Trump. The suspensions were decried by civil liberties groups and conservatives who argued that they could lead to a slippery slope where more people are silenced due to their political viewpoints.

In the waning months of Trump’s administration, the former president frequently argued that Section 230 of the federal Communications Decency Act needs to be repealed or changed. The law, he said, provides a liability shield for social media and other Big Tech firms while they can censor with impunity.

As a result of Big Tech’s actions, alternative social media and messaging platforms such as Gab, Signal, Telegram, MeWe, and more have exploded in popularity. Meanwhile, an adviser to Trump told news outlets over the weekend that the former president will “reemerge on social media” in the future and may “[create] his own platform.”

Source: ‘Never Warned Me’: Twitter Suspends Conservative Radio Host Wayne Allyn Root

Trump Mulling Whether to Launch Own Social Media Platform, Says Jason Miller

Then-President Donald Trump greets the crowd at the "Stop The Steal" rally in Washington on Jan. 6, 2021. (Tasos Katopodis/Getty Images)

Senior adviser to former President Donald Trump, Jason Miller, said on Saturday that Trump is deciding how he will reemerge on social media, including considering whether to create his own platform.

“I would expect that we will see the president reemerge on social media,” Miller told Breitbart News Saturday on SiriusXM 125.

“Whether that’s joining an existing platform or creating his new platform, there are a number of different options and a number of different meetings that they’ve been having on that front. Nothing is imminent on that.”

When pressed for more information about Trump’s social media plans, Miller said“all options are on the table.”

“A number of things are being discussed. So stay tuned there because you know he’s going to be back on social media. We’re just kind of figuring out which avenue makes the most sense,” he said.

Trump, who has been one of the most active presidents on social media, was permanently suspended from Twitter and remains indefinitely banned from Facebook following the Jan. 6 breach of the U.S. Capitol. The targeted policing of Trump’s posts occurred throughout his presidency and ramped up following the Nov. 3 election, when the former president and his team repeatedly joined calls to independently review the integrity of the results in several states.

Other platforms such as YouTube, Instagram (which is owned by Facebook), and Snapchat have also banned the former president from using their platforms.

The social media companies justified their censorship as an effort to guard against violence, claiming that Trump had violated their terms of use. Their move to prevent Trump from expressing his views on the platforms came after the media, lawmakers, and other critics blamed the former president’s remarks for inciting violence, which they claim led to the riots on Jan. 6.

In the upcoming Senate impeachment trial, Trump’s team plans to defend the former president by arguing that the trial is unconstitutional and that he was exercising his First Amendment rights when he made a speech on Jan. 6.

Trump had addressed a crowd in Washington D.C. as Congress met to count electoral college votes where he reiterated allegations about election irregularities and potential fraud, and his dissatisfaction with the media and several lawmakers. In his speech on Jan. 6, Trump called out supporters to “peacefully and patriotically” make their voices heard at the U.S. Capitol.

The breach at the U.S. Capitol began before Trump had finished his speech at the rally, according to a timeline compiled by The Epoch Times. As the incident escalated, Trump continued his urge for peace and respect for law enforcement throughout the afternoon.

Following the incident, Trump condemned the “violence, lawlessness, and mayhem,” saying that those who “infiltrated the Capitol have defiled the seat of American democracy.”

“This is a very, very dangerous road to take with respect to the First Amendment, putting at risk any passionate political speaker,” David Schoen, one of Trump’s impeachment defense attorneys, previously said of the new round of efforts to impeachment Trump.

The Justice Department and FBI had also said that they had charged protesters who conspired to breach the U.S. Capitol days before the incident, a detail that challenges the argument put forward in many media reports that Trump’s speech on Jan. 6 was the impetus for the violence. Meanwhile, the pipe bombs that were planted at the RNC and DNC headquarters on Jan. 6 were believed to be placed there the night before the riots, law enforcement bodies have said.

This week, media outlets began speculating whether Trump had joined the social media website Gab after the account realdonaldtrump, which is the same handle as Trump’s Twitter account, posted a copy of the letter Trump’s lawyers wrote to Rep. Jamie Raskin (D-Md.), the House of Representatives’ lead impeachment manager.

Miller denied that the account is being used by the former president. Meanwhile, Gab said in a statement on Twitter that the account was “a mirror of POTUS’ tweets and statements that we’ve run “for years.”

“We’ve always been transparent about this and would obviously let people know if the President starts using it,” Andrew Torba said in a statement on Gab.

Source: Trump Mulling Whether to Launch Own Social Media Platform, Says Jason Miller

Supreme Court to Consider 2020 Election Challenge Lawsuits in February Conference

The Supreme Court is seen in Washington, on Nov. 5, 2020. (J. Scott Applewhite/AP Photo)

The U.S. Supreme Court on Friday scheduled several high-profile contest-of-election lawsuits, including ones brought by attorneys Sidney Powell and Lin Wood, and the Trump campaign, for consideration at its Feb. 19 conference.

According to a case listing, the lawsuits include Sidney Powell’s Michigan case(20-815), the Trump campaign’s Pennsylvania lawsuit (20-845) and Wisconsin lawsuit (20-882), the Pennsylvania lawsuit brought by Rep. Mike Kelly (R-Pa.) (20-810), and Lin Wood’s Georgia case (20-799).

All cases allege some form of unlawful election-related conduct affecting the result of the election, including expansion of mail-in balloting by elections officials changing rules in contravention of state election laws, lack of adequate security measures around mail ballots, issues with machine vote tabulation, and denial of meaningful access to poll watchers.

The Supreme Court declined to grant relief or fast-track the cases as requested in respective petitions filed ahead of the Jan. 20 inauguration of President Joe Biden.

Powell’s Michigan petition (pdf) sought “emergency declaratory relief avowing that the presidential election results certified by Michigan officials were unconstitutional and otherwise contrary to law, together with injunctive relief de-certifying those results.”

Wood’s Georgia petition (pdf) asked the Supreme Court to “enter an emergency order instructing Respondents to de-certify the results of the General Election for the Office of the President.”

The Kelly petition (pdf) asked the court for an injunction “that prohibits the Executive-Respondents from taking official action to tabulate, compute, canvass, certify, or otherwise finalize the results of the Election.”

The Trump campaign suits similarly called for emergency injunctive relief in the form of expedited hearings and blocking certification of the electoral college votes for Biden.

Some of the lawyers in the cases said that seeing the challenges through is important as they could have an impact on long-term election fairness.

“Our legal issue remains important in need of the court’s review,” attorney John Eastman told the Washington Examiner, referring to Pennsylvania’s conduct during the 2020 election.

Greg Teufel, Kelly’s lawyer, told the Washington Examiner that the congressman has no intention of dropping the suit.

The Supreme Court has kept its distance from Trump’s election challenges. In December, it rejected a lawsuit filed by the Republican attorney general of Texas and backed by Trump seeking to decertify the election results in four states.

If, at the Feb. 19 conference, the Supreme Court decides to take up any of the election lawsuits, they most likely won’t be heard until October.

In a sweeping report on the integrity of the 2020 election, Trump adviser Peter Navarro concluded that the allegations of irregularities surrounding the vote in key battleground states were serious enough to warrant an urgent probe and substantial enough to potentially overturn the results.

“If these election irregularities are not fully investigated prior to Inauguration Day and thereby effectively allowed to stand, this nation runs the very real risk of never being able to have a fair presidential election again,” Navarro warned in his report.

Source: Supreme Court to Consider 2020 Election Challenge Lawsuits in February Conference

Trump Jr.: ‘Here’s What Comes Next for Our Amazing Movement’

Donald Trump Jr. at the Normandy American Cemetery and Memorial in Colleville-sur-Mer, Normandy, northwestern France, on June 6, 2019. (Mandel Ngan/AFP via Getty Images)

Donald Trump Jr.., the son of former President Donald Trump, said that efforts from the former president and his team to advance the interests of the United States are continuing. He characterized such efforts as “a movement of the people … against the elite.”

In a video on Trump Jr.’s social media accounts, headlined “here’s what comes next for our amazing movement,” he told supporters, “Just want to make sure everyone knows, guys, we are not done yet.”

Trump Jr. then shared a recent video clip that showed his father walking off the golf course while saying, “We haven’t finished yet.”

“He’s actually accurate,” Trump Jr. said of his father’s remarks. “The reality is this movement isn’t over. All of the blood, sweat, and tears that you guys have all put into this thing is very much still alive and well. You see that. I mean, this is really a movement of the people, a movement against the establishment, a movement against the elite.”

He continued: “A lot of those things have been brewing for quite some time. And that’s why for me I’m still standing engaged and we’re going to get in there and fight to elect people who really represent the people—people like you who have gone through so much.”

Trump Jr. said that the former president is still “going to be in that fight.”

“I know he’s still going to keep going. I know we’re up against a lot, we always have been,” Trump Jr. said, later adding that his father is “going to be in there making sure that we have people who truly represent what America is all about.”

The former president’s son moved on to speak about how fact checkers on social media appear to be biased against conservatives while lenient toward “the other side.” Drawing from his personal experience, he said that his content is fact checked “even if there’s even a little bit” of irregularity.

“When I look at things that I put up on my social media that are totally objective or that are satire, one or the other, that [social media content] gets fact checked so that they can use that to knock my platform, to prevent me from getting any kind of reach,” he said. “I see that stuff on a daily basis, I don’t see that on the other side. I don’t see Joe Biden getting fact checked when he said he’s not going to ban fracking, when he bans fracking.”

He added, “If there’s even a little bit of ambiguity they get the benefit of the doubt, whereas if there’s even a little bit, a modicum, something like I said, subjective, who’s to know what the fact checker’s thinking, but certainly I know what I’m thinking and I can come up with a parameter that makes everything correct but the fact checkers can say that it falls outside of those lines.

“Joe Biden, not one tweet—as many incorrect ones that they’ve put out—has been fact checked. It’s truly sick,” Trump Jr. expressed.

He alleged that the Biden administration appeared to have a “China first, America last policy,” accusing the new administration of “crushing jobs” amid the CCP (Chinese Communist Party) virus pandemic.

“The nonsense never seems to end, but neither will our fight, neither will our resolve, neither will our will to go on. We’re going to keep pushing for the American people and make sure our kids grow up in a country that we all recognize and love,” he said.

Trump recently opened an “Office of the Former President” that seeks to advance the interests of the United States and carry on the agenda of his administration.

Epoch Times Photo
President Donald Trump boards Air Force One at Valley International Airport after visiting the U.S.-Mexico border wall, in Harlingen, Texas, on Jan. 12, 2021. (Reuters/Carlos Barria)

Jason Miller, a campaign adviser, said in January that Trump would be involved in the 2022 midterms with the immediate focus being to help Republicans win back both chambers of Congress.

When Trump left Washington for Florida on Jan. 20, he told supporters that he and his team would “be back in some form.”

“We love you. We will be back in some form,” he said at the time. “I will always fight for you. I will always be watching. I will be listening.”

Trump on Friday appeared to have made his first social media post since leaving the White House. The post showed a letter from Trump’s lawyers to Rep. Jamie Raskin (D-Md.), the House of Representatives’ lead impeachment manager, saying that they reject attempts to have Trump testify in his upcoming impeachment trial.

House Democrats impeached Trump on a single charge that alleges that he incited a mob that breached the Capitol on Jan. 6. The Democrats were joined by 10 Republicans.

This is the first time in U.S. history that a president has been impeached twice. It is also the first time a former president faces an impeachment trial after leaving office. In a trial memorandum, Trump attorneys denied the allegations and challenged the constitutionality of trying Trump after he had left office.

Source: Trump Jr.: ‘Here’s What Comes Next for Our Amazing Movement’

Nevada may switch from caucus to primary

The days of herding relative strangers into Nevada high school gyms for an all-day democracy exercise peppered with puzzling math equations that somehow make or break political futures may soon be at an end.

At least, they will be if the state’s power brokers get their way. And they often do.

“My No. 1 priority is getting rid of the caucuses,” said Harry Reid, former U.S. Senate majority leader and still very much the face of Nevada Democrats. “They don’t work. It was proven in Iowa. We did OK here, but the system is so unfair.”

Technical difficulties derailed Iowa’s Democratic caucuses last year, leading to Nevada’s move away from similar technology that would help hundreds of sites feed numbers used in “caucus math” — a system joyously explained by political organizers and understood by sheer dozens of Nevadans as the way the state awards delegates for state and national party conventions.

Though Nevada’s party avoided similar pitfalls, Reid and a growing coalition believe a presidential primary would allow far more voters to participate and seems to be the anecdotal will of the people.

Nevada Assembly Speaker Jason Frierson will soon carry a bill to kill the caucuses. The legislation wouldn’t need bipartisan support with Democrats in the firm majority, but it may get some anyway, as Republicans contacted by the Review-Journal were open to the idea.

But Frierson also plans to join Reid and other state Democrats in advancing a far more politically challenging notion: That Nevada should be the first state in the nation to weigh in on presidential candidates.

“We’re one of the most diverse states in the country, and it would behoove a candidate to come and make their pitch to voters here,” Frierson said. “The political influence is moving west, and Nevada is seen as a very good gauge of where the country is at.”

The end of the caucuses

The move away from caucuses is not a surprise, as elected officials including Gov. Steve Sisolak called for its demise in the days that followed the Feb. 22 statewide contests.

Nevada State Democratic Party Executive Director Alana Mounce said she was proud of the work her staff and organizers did to run a successful caucus in trying times last year, but it’s ready to move on.

“We know moving forward it’s time to move to a primary process, and time to have Nevada be the first early state in 2024,” Mounce said.

Although the state party has built up considerable organizing muscle in part due to the hands-on nature of caucuses, Mounce said the end of caucuses will shed a considerable financial and time-consuming weight that will allow for more focus on registering new voters and recruiting volunteers.

Democrats preparing campaign

With a new Democratic National Committee led by Jaime Harrison, a former Senate candidate and South Carolina Democratic Party chair, and Iowa’s pitfalls just a year in the rearview, Nevada is preparing to make a play.

“There are a lot of changing names and faces at DNC, and what you’re seeing, possibly, is the development of a campaign to make the argument for Nevada to be No. 1, which I’m ecstatic for,” said Alex Goff, one of two DNC members elected by the state party.

“I grew up in Mississippi,” Goff continued. “I joined the U.S. Marine Corps and served across the country and in other countries before moving here. There are so many people here with those stories. Their jobs brought them here, and they became Nevadans. You get a nice cross-section of the country.”

Nevada’s growing, diverse population and bellwether status in the West — a region where Democrats have grown in strength as the Midwest has grown more unpredictable — will be two major platforms for the campaign to stand on. The state also boasts a large union population and a mix of college and non-college educated voters.

But Goff also noted Nevada’s logistical strength for campaigns: Two urban centers holding about 85 percent of the population, situated in large media markets with easy travel between them.

Mounce believes the strength and organization of her party will appeal to a Harrison-led DNC due to his time leading South Carolina’s party.

Allison Stephens, the state’s other DNC member, said she too will “do everything I possibly can” for Nevada to be first on the calendar, but she cautioned against pushing the national party too hard.

“We don’t want to compromise our position as No. 3 in the nation,” Stephens said. “We can not fall below third. If changing to a primary would jeopardize our early state status, I would be concerned. We do have to work within the parameters of the party.”

National implications

The DNC will continue to review the previous cycle for at least another two months before discussing any possible changes to the nominating calendar.

“Every four years, the DNC looks back at what worked and what didn’t work, and the DNC’s Rules and Bylaws Committee will continue to evaluate all areas of our nominating process and make recommendations for any changes,” spokesman David Bergstein said.

This review is expected to complete on March 31, at which point the DNC as a whole will take up the conversation.

On Wednesday, White House Press Secretary Jen Psaki said it was “too soon” to discuss the nominating calendar when asked during her daily briefing.

“We are certainly not focused on the next political campaign here quite yet, and we don’t have any point of view to share on the order of the presidential nominating contests, though Nevada’s a little warmer,” she said. “But you know, all great states.”

Iowa and New Hampshire, the two states that nominate before Nevada, are mounting their own campaigns to stay put, and other states are likely to make their own pushes to move up.

Frierson is sensitive to this.

“We will have to work through (the bill’s) language and work with the national parties — both Democrats and Republicans — and convince them of Nevada’s importance in the West,” he said.

Frierson noted the Legislature has no control over other states, which could simply move their own nomination dates further ahead absent a national calendar agreement. New Hampshire, for example, already has a state law declaring it must hold the first presidential primary election.

He said he is also working with local election officials on a cost estimate for the state, which would assume the cost burden currently borne by the state parties in the caucus system.

The typical Nevada primary, held in June for local and statewide offices, would remain, Frierson said. The new primary would only be used for selecting presidential candidates.

Republicans will wait and see

Eric Roberts, executive director of the Assembly Republican Caucus, said the demise of the caucuses could garner mixed support from his party.

“My gut feeling without talking to anyone about it is that the more conservative Republicans may want to keep (the caucuses), and the more moderates may want to go to a primary,” he said.

Roberts noted the Republican-controlled 2015 Legislature attempted a similar change, but the bill died.

Unlike 2020, Republicans will have a competitive presidential nominating process in 2024, and some state leaders have adapted a wait and see approach as the empowered Democrats look to change state law.

State Sen. James Settelmeyer, the Republican minority leader, said he supports the change from caucuses to a primary, but he’d like to see the presidential nomination combined with Nevada’s traditional June primary, which would also keep costs the same.

“I don’t think states should vote early,” he said. “I don’t like the idea of only a small percentage of the nation or a few states determining the leader of the free world.”

Settelmeyer said he carried a bill to switch to a primary in the past. Bipartisan support is possible, as long as Democrats are willing to discuss the changes and work through committees.

“I think the concept of trying to do something to increase voter participation is very appealing, and I believe we need to do that,” Settelmeyer said.

The senator also said he believes that bipartisan support from the Legislature would help the state make a case to the national parties.

“I would hope (the parties) would respect legislators in this state,” he said. “If all of our Republicans voter in favor of this, that would carry weight. But if all of us rejected it, that would also mean something.”

Nevada Republican Party Chair Michael McDonald said he personally likes the caucus system, as it spurs engagement within the party, but he is willing to adapt if Nevadans prefer a primary.

McDonald said his party’s caucus went so poorly in 2012 that it nearly lost its First in the West status on the Republican nominating calendar, but the system saw success in 2016.

“If they’re run right, they’re great,” McDonald said. “But they can also be a disaster.”

McDonald, also one of the state’s Republican National Committee members and a lifelong Nevadan, said he supports Nevada being moved up in the calendar, but it must be done with cooperation from the national parties and other states.

“I think anyone from here would want us to be first,” he said, “but you have to have respect for the party and your fellow states in order to get respect back.”

Source: Nevada may switch from caucus to primary

Some are more equal than others, under the Biden administration

Discrimination is in the eye of the beholder.

In the eye of President Joe Biden’s administration — as in Orwell’s “Animal Farm” — some are more equal than others.

This week the Justice Department withdrew a lawsuit pressed by the Trump administration against Yale University for allegedly violating federal civil-rights law by discriminating against white and Asian-American undergraduate applicants, according to The Wall Street Journal.

According to a USA Today article from when the federal suit was filed, the Justice Department found that Asian American and white students have “only one-tenth to one-fourth of the likelihood of admission as African American applicants with comparable academic credentials.”

But under Biden the objective is equity, not equality. Equity apparently means equal outcomes, rather than equal opportunities.

Then there is Biden’s executive order that asserts that “[a]ll persons should receive equal treatment under the law without regard to their gender identity or sexual orientation”, including that “[c]hildren should be able to learn without worrying about whether they will be denied access to the restroom, locker room, or school sports.”

Biological males could compete in sports against biological females and share locker rooms and showers and overnight accommodations on out-of-town trips.

This topic came up during the hearings for Biden’s nominee for Education Secretary, Miguel Cardona.

The National Review noted that this past year the Education Department’s Office of Civil Rights told the state of Connecticut — where Cardona is currently commissioner of education — that allowing transgender student athletes to participate in female sports violated the Title IX rights of female students.

Sen. Rand Paul of Kentucky asked Cardona, “If you’re confirmed, will you enforce that Office of Civil Rights opinion?”

Cardona replied, “I understand that there are a lot of concerns about that. If confirmed, it’s my responsibility and my privilege to make sure that we’re following civil rights of all students, and that includes activities that they may engage in in high school or athletics.”

He went on to say it is “critically important” teachers and schools “respect the rights of all students, including students who are transgender.”

Paul countered, “So you don’t have a problem then, of boys running in the girls’ track meets, swimming meets, you name it, you’re OK then with boys competing with girls?”

The Review noted that this past year three female high-school students and their families filed a federal lawsuit seeking to block transgender athletes from competing in girls sports in Connecticut. The three girls, all accomplished runners, argued that they have been personally harmed by a policy allowing biological males to compete against them in their running events, missing their chances at championship titles, state records, and scholarship opportunities. Bloomfield High transgender athlete Terry Miller, second from left, wins the final of the 55-meter dash over transgender athlete Andraya Yearwood, far left, at a 2019 indoor track meet at Hillhouse High School in New Haven, Connecticut. (AP pix)
http://dlvr.it/Rs4xGT

Sisolak wants to bring back company towns

Those who do not remember history are doomed to repeat it.

Gov. Steve Sisolak, according to the morning paper, is contemplating introducing legislation that would allow the creation of Innovation Zones — basically separate branches of government for companies with lots of land and money that could “impose taxes, form school districts and justice courts and provide government services, to name a few duties.”

What’s another word for Innovation Zones? Oh yes, Company Towns.

Those were rather common from the late 1800s through the mid-1930s, but for some reason they’ve largely disappeared. Perhaps, because they were frequently penny-pinching, brutal fiefdoms.

“Traditional settings for company towns were for the most part where extractive industries existed — coal, metal mines, lumber — and had established a monopoly franchise,” according to an article posted at Virginia Commonwealth University. “Dam sites and war-industry camps founded other company towns. Since company stores often had a monopoly in company towns, it was possible to pay in scrip (a term for any substitute for legal tender). Typically, a company town is isolated from neighbors and centered on a large production factory, such as a lumber or steel mill or an automobile plant; and the citizens of the town either work in the factory, work in one of the smaller businesses, or is a family member of someone who does.”

Many workers were paid in script that could be used only at company stores and lived in housing where the rent payments were set by the company.

One of those dam sites is now Boulder City, where gambling and liquor were prohibited. The housing was called dingbat housing because of shoddy construction, according to a PBS article.

Sally Denton, author of “The Profiteers,” a book about the building of Hoover Dam and its contractors, such as Bechtel, told a Santa Fe newspaper, “Bechtel’s long history of questionable labor practices cannot all be written off to the laissez-faire oversight of previous generations or Depression-era conditions. Although it can always be argued that accidents will happen and problems arise on the most disciplined construction projects, the fact remains that Bechtel has been — and continues to be — a leader in scoring gargantuan government projects but has often lagged behind when its come to worker safety.”

VCU said of company towns: “Although economically successful, company towns sometimes failed politically due to a lack of elected officials and municipally owned services. Accordingly, workers often had no say in local affairs and therefore, felt dictated.”

We wonder, would a company town justice court ever convict the CEO of the company? Boulder City in the 1930s
http://dlvr.it/Rs4x81

House Impeachment Brief Against Trump Threatens Freedom of Speech of All Americans: Dershowitz

President Donald Trump greets the crowd at the "Stop The Steal" Rally in Washington, on Jan. 6, 2021. (Tasos Katopodis/Getty Images)

Harvard Law School professor emeritus Alan Dershowitz said Thursday that the House impeachment brief against former President Donald Trump, which seeks to undermine Trump’s First Amendment-based argument in his defense, amounts to a dangerous broadside against the freedom of speech of all Americans.

Writing in an op-ed for The Hill, Dershowitz made a case against a key argument contained in the brief (pdf), namely that “the First Amendment does not apply at all to impeachment proceedings,” signals Congressional willingness to take aim at freedom of speech more broadly.

“The brief filed by the House managers advocating the conviction and disqualification of citizen Donald Trump contains a frontal attack on freedom of speech for all Americans,” Dershowitz wrote. “It states categorically that ‘the First Amendment does not apply at all to impeachment proceedings,’ despite the express language of that amendment prohibiting Congress from making any law, or presumably taking any other action, that abridges ‘the freedom of speech.’”

Epoch Times Photo
Attorney Alan Dershowitz, then a member of President Donald Trump’s legal team, speaks to the press in the Senate Reception Room during the Senate impeachment trial at the Capitol in Washington on Jan. 29, 2020. (Mario Tama/Getty Images)

The legal scholar then challenged another statement in the brief, namely that “the First Amendment exists to promote our democratic system.”

“This categorical statement surely would have surprised the Framers of the First Amendment, who believed in freedom of speech but not so much in democracy,” Dershowitz wrote. “The Framers of our constitutional system thought they were building a ‘republic,’ with limited suffrage and many checks on ‘democracy,’” he added, arguing that freedom of speech is “essential to keeping it a republic, but not necessarily a democracy.”

“So, no, the First Amendment does not exist only to ‘protect our democratic system.’ It exists to protect our liberty, regardless of what system we choose,” he wrote.

Dershowitz said that the argument made by the authors of the House brief that the First Amendment “doesn’t apply to presidents or others who ‘attack our democracy,’ is the same as that made by Sen. Joseph McCarthy and his acolytes decades ago “when they sought to deny First Amendment protection to communists and others who were seen as enemies of democracy and who, if they had come to power, would have denied the rest of us our freedoms, including that of free speech.”

“Freedom of speech must include those who would replace democracy with other systems of governance. It must even include those who advocate severe restrictions on freedom of speech, as many young left wing radicals do today. They, too, must be allowed to express their dangerous views,” he argued.

The House brief argues that the First Amendment protects private citizens from the government but “it does not protect government officials from accountability for their own abuses in office.”

Holding Trump “accountable through conviction on the article of impeachment would vindicate First Amendment freedoms—which certainly offer no excuse or defense for President Trump’s destructive conduct,” the brief’s authors argue.

“Even if the First Amendment were applicable here, private citizens and government officials stand on very different footing when it comes to being held responsible for their statements,” they wrote.

Citing U.S. Supreme Court rulings in cases Branti v. Finkel and Elrod v. Burns, they argued that, “as the leader of the Nation, the President occupies a position of unique power. And the Supreme Court has made clear that the First Amendment does not shield public officials who occupy sensitive policymaking positions from adverse actions when their speech undermines important government interests.”

The House brief alleges that Trump incited a mob that breached the U.S. Capitol on Jan. 6 by sowing doubt about the integrity of the 2020 presidential election.

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Protesters clash with police at the U.S. Capitol in Washington on Jan. 6, 2021. (Julio Cortez/AP Photo)

Trump’s legal team denies the allegation and argues in a memo (pdf) that the trial is unconstitutional because Trump is no longer president. The team also argues that Trump exercised his First Amendment rights in calling into question the results of the election.

“After the November election, the 45th President exercised his First Amendment right under the Constitution to express his belief that the election results were suspect, since with very few exceptions, under the convenient guise of COVID-19 pandemic ‘safeguards’ states election laws and procedures were changed by local politicians or judges without the necessary approvals from state legislatures,” the legal team wrote.

“Like all Americans, the 45th President is protected by the First Amendment,” they wrote. “Indeed, he believes, and therefore avers, that the United States is unique on Earth in that its governing documents, the Constitution and Bill of Rights, specifically and intentionally protect unpopular speech from government retaliation.”

“If the First Amendment protected only speech the government deemed popular in current American culture, it would be no protection at all,” they added.

Dershowitz’s sentiment that the reasoning featured in the impeachment brief is a threat to freedom of speech more broadly was echoed in a statement by Trump adviser Jason Miller, who said: “not only will President Trump be on trial next week. The First Amendment will be on trial next week because the Democrats aren’t going to stop with attacking President Trump, they want to go after the free speech and the rights of all Americans.”

Democrats face an uphill battle in the Senate in their pursuit of an impeachment conviction against Trump. Forty-five Republican senators voted in favor of a resolution calling the trial unconstitutional since Trump is now a private citizen. With the Senate split 50–50, the impeachment managers would have to convince 17 Republicans that the trial is constitutional and that Trump is guilty of inciting an insurrection.

Source: House Impeachment Brief Against Trump Threatens Freedom of Speech of All Americans: Dershowitz