GlassHalfHopeful

GlassHalfHopeful OP , 10 months ago

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Both expelled members of ‘Tennessee Three’ win back their state House seats

By KIMBERLEE KRUESI Updated 9:27 PM EDT, August 3, 2023

NASHVILLE, Tenn. (AP) — Tennessee Reps. Justin Pearson and Justin Jones, who became Democratic heroes as members of the “Tennessee Three,” reclaimed their legislative seats Thursday after they were expelled for involvement in a gun control protest on the House floor.

The young Black lawmakers were reinstated by local officials after being booted from the GOP-dominated Statehouse, but only on an interim basis. They advanced Thursday through a special election to fully reclaim their positions. Both faced opponents in districts that heavily favor Democrats.

Jones, who lives in Nashville, was up against Republican candidate Laura Nelson. Meanwhile, Pearson, from Memphis, faced independent candidate Jeff Johnston.

“Let’s send a clear message to everyone who thought they could silence the voice of District 86,” Pearson tweeted earlier this month. “You can’t expel a movement!”

Thursday’s election came as lawmakers are preparing to return to Nashville later this month for a special session to address possibly changing the state’s gun control laws. While Jones and Pearson’s reelection to their old posts won’t make a significant dent to the Republican supermajority inside the Legislature, they are expected to push back heavily against some of their GOP colleagues’ policies.

Jones and Pearson were elected to the Statehouse last year. Both lawmakers flew relatively under the radar, even as they criticized their Republican colleagues’ policies. It wasn’t until this spring that their political careers received a boost when they joined fellow Democrat Rep. Gloria Johnson in a protest for more gun control on the House floor.

The demonstration took place just days after a fatal shooting in Nashville at a private Christian school where a shooter killed three children and three adults. As thousands of protesters flooded the Capitol building to demand that the Republican supermajority enact some sort of restrictions on firearms, the three lawmakers approached the front of the House chamber with a bullhorn, and joined the protesters’ chants and cries for action.

Republican lawmakers quickly declared that their actions violated House rules and moved to expel their three colleagues — an extraordinary move that’s been taken only a handful of times since the Civil War.

The move briefly left about 140,000 voters in primarily Black districts in Nashville and Memphis with no representation in the Tennessee House.

Ultimately, Johnson, who is white, narrowly avoided expulsion while Pearson and Jones were booted by the predominantly white GOP caucus.

House Republican leaders have repeatedly denied that race was a factor in the expulsion hearings. Democrats have disagreed, with Johnson countering that the only reason that she wasn’t expelled was due to her being white.

The expulsions drew national support for the newly dubbed “Tennessee Three,” especially for Pearson and Jones’ campaign fundraising. The two raised more than $2 million combined through about 70,400 campaign donations from across the country. The amount is well beyond the norm for Tennessee’s Republican legislative leaders and virtually unheard of for two freshman Democrats in a superminority.

Meanwhile, more than 15 Republican lawmakers had funneled cash to fund campaign efforts of Jones’ Republican opponent, Nelson. Nelson has raised more than $34,000 for the race. Pearson’s opponent, Johnston, raised less than $400 for the contest.

GlassHalfHopeful OP , 11 months ago

Full Article: www.washingtonpost.com

Judge clarifies: Yes, Trump was found to have raped E. Jean Carroll

Aaron Blake4 - 5 minutes

After Donald Trump was found liable for sexually abusing and defaming E. Jean Carroll, his legal team and his defenders lodged a frequent talking point.

Despite Carroll’s claims that Trump had raped her, they noted, the jury stopped short of saying he committed that particular offense. Instead, jurors opted for a second option: sexual abuse.

“This was a rape claim, this was a rape case all along, and the jury rejected that — made other findings,” his lawyer, Joe Tacopina, said outside the courthouse.

A judge has now clarified that this is basically a legal distinction without a real-world difference. He says that what the jury found Trump did was in fact rape, as commonly understood.

The filing from Judge Lewis A. Kaplan came as Trump’s attorneys have sought a new trial and have argued that the jury’s $5 million verdict against Trump in the civil suit was excessive. The reason, they argue, is that sexual abuse could be as limited as the “groping” of a victim’s breasts.

Kaplan roundly rejected Trump’s motion Tuesday, calling that argument “entirely unpersuasive.”

“The finding that Ms. Carroll failed to prove that she was ‘raped’ within the meaning of the New York Penal Law does not mean that she failed to prove that Mr. Trump ‘raped’ her as many people commonly understand the word ‘rape,’ ” Kaplan wrote.

He added: “Indeed, as the evidence at trial recounted below makes clear, the jury found that Mr. Trump in fact did exactly that.”

Kaplan said New York’s legal definition of “rape” is “far narrower” than the word is understood in “common modern parlance.”

The former requires forcible, unconsented-to penetration with one’s penis. But he said that the conduct the jury effectively found Trump liable for — forced digital penetration — meets a more common definition of rape. He cited definitions offered by the American Psychological Association and the Justice Department, which in 2012 expanded its definition of rape to include penetration “with any body part or object.”

Kaplan also flatly rejected the Trump team’s suggestion that the conduct Trump was found liable for might have been as limited as groping of the breasts.

The reason? Trump was not accused of that, so the only alleged offense that would have qualified as “sexual abuse” was forced digital penetration. Beyond that, Trump was accused of putting his mouth on Carroll’s mouth and pulling down her tights, which Kaplan noted were not treated as alleged sexual abuse at trial.

“The jury’s finding of sexual abuse therefore necessarily implies that it found that Mr. Trump forcibly penetrated her vagina,” Kaplan wrote, calling it the “only remaining conclusion.”

Kaplan also noted that the verdict form did not ask the jury to decide exactly what conduct Trump had committed, and that neither prosecutors nor Trump’s lawyers had requested it to do so.

“Mr. Trump’s attempt to minimize the sexual abuse finding as perhaps resting on nothing more than groping of Ms. Carroll’s breasts through her clothing is frivolous,” Kaplan wrote.

He added that the jury clearly found that Trump had “ ‘raped’ her in the sense of that term broader than the New York Penal Law definition.”

The motion was a part of Trump’s efforts to appeal the verdict against him. That’s an effort that will apparently continue as he faces a separate defamation lawsuit from Carroll, dealing with claims Trump made about her allegations while he was still president.

But for now, Trump’s effort to push back has led to a rather remarkable clarification that severely undercuts his main talking point.

GlassHalfHopeful , 1 year ago

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