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Wednesday, July 23rd, 2025Today, Mike Johnson has shut down Congress to avoid demands to release the Epstein files; former Louisville Metro Police (LMPD) detective Brett Hankison has been sentenced to 33 months in prison after he was convicted of violating Breonna Taylor's civil rights; the FEMA search and rescue chief has resigned after frustration with the Texas flood response; the Fourth Circuit Court of Appeals has lifted the block on removing temporary protected status for Afghans and Cameroonians; Judge Emmet Sullivan has ruled that the Trump administration has to stop violating public disclosure laws and publish Congressional apportionments; a new report alleges that migrants at an ICE jail in Miami were made to kneel to eat ‘like dogs'; and Allison delivers the good news.Thank You, PacagenFor 15% off your order and a special gift, head to Pacagen.com/DAILYBEANS and use code DAILYBEANS.Guest: Emily Slatkow - VP of Communications for NextGen AmericaNextGen America.org, NextGen America - Substack, @nextgenamerica - BlueskyVolunteer Opportunities, Events - NextGen America on MobilizeYouth Vote Poll - NextGen AmericaStoriesTrump likely 'open' to pardoning ex-officer convicted in Breonna Taylor case, law expert says | WHAS 11Migrants at Ice jail in Miami made to kneel to eat ‘like dogs', report alleges | US immigration | The GuardianTrump administration can lift deportation protections for thousands from Afghanistan and Cameroon, court says | CBS NewsFEMA Urban Search and Rescue Chief Resigns, Citing Agency ‘Chaos', Colleagues Said | The New York TimesJudge orders Trump administration to ‘stop violating the law!' and publish spending details | Government ExecutiveGood Trouble “Congress will be in recess for over a month starting on Saturday, so I encourage you to begin scheming about how to hold your Republican representatives accountable for all of their awful votes…” Chop Wood, Carry Water 1/21 - by Jess CravenFrom The Good NewsPublic Justice, American Association for JusticePatrons Sponsoring Patrons - The Daily BeansReminder - you can see the pod pics if you become a Patron. The good news pics are at the bottom of the show notes of each Patreon episode! That's just one of the perks of subscribing! patreon.com/muellershewrote Donate to the MSW Media, Blue Wave California Victory FundMSW Media, Blue Wave California Victory Fund | ActBlueWhistleblowerAid.org/beans Federal workers - feel free to email AG at fedoath@pm.me and let me know what you're going to do, or just vent. I'm always here to listen. Find Upcoming Actions 50501 Movement, No Kings.org, Indivisible.orgDr. Allison Gill - Substack, BlueSky , TikTok, IG, TwitterDana Goldberg - BlueSky, Twitter, IG, facebook, danagoldberg.comCheck out more from MSW Media - Shows - MSW Media, Cleanup On Aisle 45 pod, The Breakdown | SubstackShare your Good News or Good TroubleMSW Good News and Good TroubleHave some good news; a confession; or a correction to share?Good News & Confessions - The Daily Beanshttps://www.dailybeanspod.com/confessional/ Listener Survey:http://survey.podtrac.com/start-survey.aspx?pubid=BffJOlI7qQcF&ver=shortFollow the Podcast on Apple:The Daily Beans on Apple PodcastsWant to support the show and get it ad-free and early?The Daily Beans | SupercastThe Daily Beans & Mueller, She Wrote | PatreonThe Daily Beans | Apple Podcasts
Your favorite Buzzkill duo are back at it with hot takes, hot guests, and plenty of RAGE! What went down this week in Abobolandia? Well… let's just start with a win—Ken Paxton: 0 Texas abortion provider, Dr. Margaret Carpenter: 1. HUZZAH! Also, what happens in West Virginia certainly won't stay in West Virginia—we're laying out the latest terrible, horrible, no good, very bad decision curbing access to medication abortion from the Fourth Circuit Court of Appeals in West Virginia *barf*. AND we're making some sense of the clear-as-swamp water Kentucky case that makes us wonder—what do frozen eggs have to do with the right to sue? GUEST ROLL CALL!Joining the Buzzkills this week is Chase Strangio, Co-Director of the ACLU's LGBTQ & HIV Project, to break down the intersections of abortion care and trans care, and how the media (NOT SCIENCE) has literally done all of the work in forming anti-trans bias. PLUS!!! Showing up to FBK with the palate cleanser we all need is the FABU and ICONIC actress and recording artist Peppermint! She's showing us what trans resilience and JOY truly look like, and how she finds the strength to keep fighting. Scared? Got questions about the continued assault on your reproductive rights? THE FBK LINES ARE OPEN! Just call or text (201) 574-7402, leave your questions or concerns, and Lizz and Moji will pick a few to address on the pod! Times are heavy, but knowledge is power, y'all. We gotchu. OPERATION SAVE ABORTION: Sign up for virtual 2025 OSA workshop on August 9th! You can still join the 10,000+ womb warriors fighting the patriarchy by listening to our past Operation Save Abortion pod series and Mifepristone Panel by clicking HERE for episodes, your toolkit, marching orders, and more. HOSTS:Lizz Winstead IG: @LizzWinstead Bluesky: @LizzWinstead.bsky.socialMoji Alawode-El IG: @Mojilocks Bluesky: @Mojilocks.bsky.social SPECIAL GUESTS:Chase Strangio IG: @Chasestrangio Bluesky: @Chasestrangio.bsky.socialPeppermint IG: @Peppermint247 TikTok: @Therealpeppermint247 GUEST LINKS:WATCH: “Heightened Scrutiny” DocumentaryACLU Website IG: @ACLU_nationwide Bluesky: @ACLU.orgDONATE: The ACLU LGBTQ & HIV ProjectREAD: Andrea Gibson's PoetryWATCH: Enigma on HBOPeppermint's Documentary “A Deeper Love”Peppermint's WebsitePeppermint's LinktreePep & Hugh's Queer History 101 Book ClubREAD: Transgender History by Susan StrykerREAD: Caste: The Origins of Our Discontents by Isabel WilkersonREAD: So Many Stars by Caro De RobertisREAD: Another Word for Love by Carvell Wallace NEWS DUMP:Respectful Treatment of Unborn Remains Act of 2025Republicans Propose National Ban on Flushing AbortionsNY County Official Refuses to Enforce Texas Sanction Against Doctor in Abortion CaseNew VA Law Prompts Walmart's Online Data Collection Pop-UpsJewish Woman's Challenge of Kentucky's Abortion Ban Gets Green Light From Appeals CourtWV Can Restrict Abortion Pill Access, Appeals Court Says EPISODE LINKS:ADOPT-A-CLINIC: Palmetto State Abortion Fund's WishlistBUY AAF MERCH!SIGN UP 8/9: Operation Save AbortionEMAIL your abobo questions to The Feminist BuzzkillsAAF's Abortion-Themed Rage Playlist SHOULD I BE SCARED? Text or call us with the abortion news that is scaring you: (201) 574-7402 FOLLOW US:Listen to us ~ FBK Podcast Instagram ~ @AbortionFrontBluesky ~ @AbortionFrontTikTok ~ @AbortionFrontFacebook ~ @AbortionFrontYouTube ~ @AbortionAccessFront TALK TO THE CHARLEY BOT FOR ABOBO OPTIONS & RESOURCES HERE!PATREON HERE! Support our work, get exclusive merch and more! DONATE TO AAF HERE!ACTIVIST CALENDAR HERE!VOLUNTEER WITH US HERE!ADOPT-A-CLINIC HERE!EXPOSE FAKE CLINICS HERE!GET ABOBO PILLS FROM PLAN C PILLS HERE!When BS is poppin', we pop off!
It's Thursday, July 17th, A.D. 2025. This is The Worldview in 5 Minutes heard on 140 radio stations and at www.TheWorldview.com. I'm Adam McManus. (Adam@TheWorldview.com) By Jonathan Clark West Bank Christian communities attacked by Israeli settlers Christian communities in the West Bank are experiencing increasing attacks from Israeli settlers. Last Monday, Jewish extremists targeted the Palestinian Christian town of Taybeh. They attacked houses and started fires near the community's historic church building. The Council of Patriarchs and Heads of Churches of Jerusalem released a statement, saying, “The attacks by the hands of settlers against our community, which is living in peace, must stop, both here in Taybeh and elsewhere throughout the West Bank. This is clearly part of the systematic attacks against Christians that we see unfolding throughout the region.” Church of England affirms sexual perversion for clergy … again The Church of England voted Tuesday to remove a 1991 teaching document on sexuality from its ordination process. The document, entitled Issues in Human Sexuality, said that clergy should not live in homosexual relationships. However, church leaders said the document now appears “prejudicial and offensive.” The Church of England has allowed clergy to enter homosexual civil partnerships since 2005. Last year, it approved services of blessing for homosexual couples. Isaiah 5:20 says, “Woe to those who call evil good, and good evil; who put darkness for light, and light for darkness.” Christian non-profit victorious in case against ChatGPT In the United States, a Christian non-profit won a religious freedom lawsuit against one of the biggest artificial intelligence organizations around. OpenAI offers a 20% non-profit discount for a ChatGPT subscription unless an organization is religious. A Christian non-profit named Holy Sexuality challenged this policy with the help of Alliance Defending Freedom. In response, OpenAI reversed course and offered the discount. It also removed religious discrimination language from its policy. Dr. Christopher Yuan, the founder of Holy Sexuality, said, “Some corporations—especially tech companies—emboldened by intersectional ideology and anti-Christian sentiment, choose to unlawfully discriminate based solely on religion. We are grateful for this victory.” Fourth Circuit upholds West Virginia ban on abortion kill pill On Tuesday, the U.S. Fourth Circuit Court of Appeals upheld West Virginia's ban on the Abortion Kill Pill called mifepristone. The challenge to the ban came from GenBioPro, a company that produces the killing drug. The case marks the first time a federal appeals court has allowed states to restrict access to mifepristone. West Virginia Republican Governor Patrick Morrisey responded to the ruling, “West Virginia can continue to enforce our pro-life laws and lead the nation in our efforts to protect life. We will always be a pro-life state!” Senate Republicans pass $9 billion budget cut U.S. Senate Republicans advanced a $9 billion rescission bill on Tuesday with the tie-breaking vote of Vice President J.D. Vance. The measure follows President Donald Trump's agenda to cut spending on foreign aid and public broadcasting. Republicans must have the bill ready to be signed by Friday for the rescissions to be enacted. Listen to comments from Republican Senate Majority Leader John Thune. THUNE: “Later today, the Senate will begin consideration of the Trump administration's rescissions package reining in waste, fraud and abuse in the federal government is a priority shared by President Trump and by Senate Republicans. “I appreciate all the work the administration has done in identifying wasteful spending. And now it's time for the Senate to do its part to cut some of that waste out of the budget. It's a small but important step toward fiscal sanity that we all should be able to agree is long overdue.” Christian and Gospel music seeing a resurgence Christian and Gospel music is seeing a resurgence, according to a report on music streaming trends by Luminate. The Christian/Gospel genre moved up to seventh place in the top 10 U.S. music genres this year. And Christian music ranked fourth among the highest-growth genres. The report found Christian music listeners are mostly female, and the top generation listening to Christian music is Millennials. Deacon given free truck after protecting church from gunman And finally, WXYZ reports a church deacon in Michigan received a new truck recently after preventing a mass shooting at his church last month. On Sunday, June 22, a shooter opened fire outside CrossPointe Community Church in Wayne, Michigan. In God's providence, Deacon Richard Pryor was running late. He saw the gunman heading to the church's front door, dressed in camouflage and bearing an AR-15 style rifle as well as more than a dozen fully-loaded magazines. That's when Pryor ran the shooter over. However, his truck was totaled in the process as the shooter shot up the truck. Fortunately, Pryor was not injured. Another person, acting as a volunteer security guard, shot the gunman dead. In response, a local Ford dealership gifted the hero a brand new truck on a two-year free lease. Pryor said he was “thankful for everybody's support. The Lord was definitely involved in the events of that Sunday.” Psalm 121:4 and 7 says, “Behold, He who keeps Israel shall neither slumber nor sleep. … The LORD shall preserve you from all evil; He shall preserve your soul.” Close And that's The Worldview on this Thursday, July 17th, in the year of our Lord 2025. Follow us on X or subscribe for free by Spotify, Amazon Music, or by iTunes or email to our unique Christian newscast at www.TheWorldview.com. Plus, you can get the Generations app through Google Play or The App Store. I'm Adam McManus (Adam@TheWorldview.com). Seize the day for Jesus Christ.
On this West Virginia Morning, Chris Schulz examines a decision from the Fourth Circuit Court of Appeals this week to allow limits on the sale of abortion medications – even those medications that the FDA has deemed to be safe and effective. Plus, harm reduction programs are controversial – and opponents often point to figures that suggest they aren't particularly effective. The post The Decision To Cut Abortion Meds And A Push To Strengthen Harm Reduction, This West Virginia Morning appeared first on West Virginia Public Broadcasting.
Israel's bloodbath in Gaza continues amid raids in occupied West Bank "Israel has killed over 50 Palestinians across besieged Gaza on Tuesday. The attacks took place in Rafah, Gaza City, Jabalia and Khan Younis. In occupied West Bank Israeli forces abducted at least 35 Palestinians, including children and former prisoners, in a series of overnight raids. The arrests took place in the cities of Nablus, Salfit, Qalqilya, Jenin, Tulkarem, Alkhalil, and Bethlehem, according to a joint statement from the Commission of Detainees Affairs and the Palestinian Prisoner Society," "UN Rapporteur urges global action against Israel to stop Gaza genocide " "The United Nations' special rapporteur for besieged Gaza and the occupied West Bank has said that it's time for nations around the world to take concrete actions to stop the ""genocide"" in the blockaded enclave. Francesca Albanese spoke to delegates from 30 countries meeting in Colombia to discuss the Israeli genocide in Gaza and ways that nations can try to stop Israel's carnage. Albanese said the Israeli economy is structured to sustain the occupation that has now turned genocidal." "US court blocks move to end protected status for Afghans " "A US federal appeals court has temporarily blocked the Trump administration from ending temporary protected status (TPS) for thousands of Afghan nationals living in the country. The Fourth Circuit Court of Appeals issued an emergency stay on the termination order on Monday, which was set to take effect July 15. More than 82,000 Afghans were evacuated to the US following the Taliban's takeover in 2021 after the US' chaotic withdrawal. " US launches probe into Brazil's trade practices "The United States has launched an investigation into Brazil's trade practices, escalating tensions between the two countries and potentially laying the groundwork for punitive tariffs on South America's largest economy. The probe, announced by the Office of the US Trade Representative will assess whether Brazil's policies are ""unreasonable or discriminatory and burden or restrict US commerce.""" July 15 defeated coup attempt a ‘critical turning point' in Türkiye's history: Erdogan " Turkish President Recep Tayyip Erdogan has said the defeated July 15 coup attempt in 2016 marked one of the most critical turning points in Türkiye's history, Speaking at the commemoration ceremony for July 15 Democracy and National Unity Day at parliament in Ankara Erdogan said the coup attempt was a tough test that the state and the nation overcame with pride. Erdogan expressed gratitude to the martyrs who sacrificed their lives, the veterans who defended the nation, the citizens who filled the streets to resist the coup attempt, and the millions abroad who supported Türkiye during that critical night."
Summary The conversation covers significant developments in the Second Amendment landscape, including legislative actions, judicial victories, and the role of organizations like the NRA and Women for Gun Rights. The discussion highlights the challenges faced in gun rights advocacy, the importance of political engagement, and the ongoing fight for Second Amendment rights in the face of opposition. In this conversation, Mark Walters discusses various topics related to gun rights, the empowerment of women in the firearms community, the resilience of American-made knives, and the importance of legal representation for gun owners. The discussion also touches on the implications of recent rulings from the Fourth Circuit Court regarding gun regulations, the ongoing violence in Chicago, and the political responsibility of leaders in addressing these issues. The conversation emphasizes the need for unity and action within the gun rights community. Takeaways The Second Amendment landscape is constantly evolving with new legislative actions. The Senate parliamentarian plays a crucial role in shaping gun legislation outcomes. Judicial victories, such as the Ninth Circuit's ruling, are significant for gun rights advocates. The NRA's legislative action is vital in the fight for gun rights. Women for Gun Rights is actively engaging in political advocacy in D.C. Building relationships with lawmakers is essential for effective advocacy. The fight for gun rights is a long-term commitment that requires persistence. Engaging with both sides of the political spectrum can lead to productive conversations. Grassroots movements are crucial in influencing public policy. The importance of education and awareness in changing perceptions about gun rights. Women are making significant strides in advocating for gun rights. American-made knives are known for their durability and reliability. The legacy of historical figures like George Washington can be honored through craftsmanship. Legal representation is crucial for gun owners in self-defense situations. The Fourth Circuit ruling highlights the ongoing debate over gun regulations. Chicago's violence is a reflection of political leadership and policy failures. The importance of community support for organizations fighting for gun rights. The gun industry is thriving despite political challenges. Empowerment and education are key in the fight for gun rights. The chaos in urban areas often serves political agendas. Keywords Second Amendment, gun rights, NRA, legislation, parliamentarian, judicial wins, Women for Gun Rights, gun control, legislative action, political advocacy, gun rights, women empowerment, American knives, legal representation, Fourth Circuit ruling, Chicago violence, political responsibility, NRA, self-defense, firearms
Summary The conversation covers significant developments in the Second Amendment landscape, including legislative actions, judicial victories, and the role of organizations like the NRA and Women for Gun Rights. The discussion highlights the challenges faced in gun rights advocacy, the importance of political engagement, and the ongoing fight for Second Amendment rights in the face of opposition. In this conversation, Mark Walters discusses various topics related to gun rights, the empowerment of women in the firearms community, the resilience of American-made knives, and the importance of legal representation for gun owners. The discussion also touches on the implications of recent rulings from the Fourth Circuit Court regarding gun regulations, the ongoing violence in Chicago, and the political responsibility of leaders in addressing these issues. The conversation emphasizes the need for unity and action within the gun rights community. Takeaways The Second Amendment landscape is constantly evolving with new legislative actions. The Senate parliamentarian plays a crucial role in shaping gun legislation outcomes. Judicial victories, such as the Ninth Circuit's ruling, are significant for gun rights advocates. The NRA's legislative action is vital in the fight for gun rights. Women for Gun Rights is actively engaging in political advocacy in D.C. Building relationships with lawmakers is essential for effective advocacy. The fight for gun rights is a long-term commitment that requires persistence. Engaging with both sides of the political spectrum can lead to productive conversations. Grassroots movements are crucial in influencing public policy. The importance of education and awareness in changing perceptions about gun rights. Women are making significant strides in advocating for gun rights. American-made knives are known for their durability and reliability. The legacy of historical figures like George Washington can be honored through craftsmanship. Legal representation is crucial for gun owners in self-defense situations. The Fourth Circuit ruling highlights the ongoing debate over gun regulations. Chicago's violence is a reflection of political leadership and policy failures. The importance of community support for organizations fighting for gun rights. The gun industry is thriving despite political challenges. Empowerment and education are key in the fight for gun rights. The chaos in urban areas often serves political agendas. Keywords Second Amendment, gun rights, NRA, legislation, parliamentarian, judicial wins, Women for Gun Rights, gun control, legislative action, political advocacy, gun rights, women empowerment, American knives, legal representation, Fourth Circuit ruling, Chicago violence, political responsibility, NRA, self-defense, firearms
Summary The conversation covers significant developments in the Second Amendment landscape, including legislative actions, judicial victories, and the role of organizations like the NRA and Women for Gun Rights. The discussion highlights the challenges faced in gun rights advocacy, the importance of political engagement, and the ongoing fight for Second Amendment rights in the face of opposition. In this conversation, Mark Walters discusses various topics related to gun rights, the empowerment of women in the firearms community, the resilience of American-made knives, and the importance of legal representation for gun owners. The discussion also touches on the implications of recent rulings from the Fourth Circuit Court regarding gun regulations, the ongoing violence in Chicago, and the political responsibility of leaders in addressing these issues. The conversation emphasizes the need for unity and action within the gun rights community. Takeaways The Second Amendment landscape is constantly evolving with new legislative actions. The Senate parliamentarian plays a crucial role in shaping gun legislation outcomes. Judicial victories, such as the Ninth Circuit's ruling, are significant for gun rights advocates. The NRA's legislative action is vital in the fight for gun rights. Women for Gun Rights is actively engaging in political advocacy in D.C. Building relationships with lawmakers is essential for effective advocacy. The fight for gun rights is a long-term commitment that requires persistence. Engaging with both sides of the political spectrum can lead to productive conversations. Grassroots movements are crucial in influencing public policy. The importance of education and awareness in changing perceptions about gun rights. Women are making significant strides in advocating for gun rights. American-made knives are known for their durability and reliability. The legacy of historical figures like George Washington can be honored through craftsmanship. Legal representation is crucial for gun owners in self-defense situations. The Fourth Circuit ruling highlights the ongoing debate over gun regulations. Chicago's violence is a reflection of political leadership and policy failures. The importance of community support for organizations fighting for gun rights. The gun industry is thriving despite political challenges. Empowerment and education are key in the fight for gun rights. The chaos in urban areas often serves political agendas. Keywords Second Amendment, gun rights, NRA, legislation, parliamentarian, judicial wins, Women for Gun Rights, gun control, legislative action, political advocacy, gun rights, women empowerment, American knives, legal representation, Fourth Circuit ruling, Chicago violence, political responsibility, NRA, self-defense, firearms
This Day in Legal History: Maryland Toleration Act PassedOn April 21, 1649, the Maryland Assembly passed the Maryland Toleration Act, a landmark piece of colonial legislation that granted freedom of worship to all Christians in the colony. Also known as the Act Concerning Religion, it was one of the first legal efforts in the American colonies to protect religious liberty through statutory law. The act was enacted under the leadership of Cecil Calvert, the second Lord Baltimore, who sought to maintain peace in Maryland's religiously diverse population, which included both Catholics and Protestants.The law's preamble acknowledged the dangers of religious coercion, stating that "the inforceing of the conscience in matters of Religion hath frequently fallen out to be of dangerous Consequence." To preserve harmony, it declared that no Christian should be "troubled, Molested or discountenanced" for practicing their faith, provided they did not threaten the colony's civil government or the authority of the Lord Proprietor.While progressive for its time, the Act's protections were limited to those who professed belief in Jesus Christ, excluding Jews, atheists, and other non-Christians. Violators of the law's religious tolerance provisions faced harsh penalties, including fines, public whipping, or even death for blasphemy.The Act was repealed just five years later during a period of Protestant ascendancy, reflecting the fragile nature of religious tolerance in colonial America. Nonetheless, it remains significant as an early attempt to codify the principle that faith should not be a basis for persecution.A federal judge has ruled that the Office of Personnel Management (OPM) can no longer direct the termination of probationary federal workers based on performance-related justifications that were, according to the court, misleading. U.S. District Judge William Alsup called OPM's use of standardized termination letters citing performance as the reason for firing thousands of employees a “total sham.” He emphasized that falsely attributing the dismissals to performance could harm the affected workers' reputations and career prospects for years to come.The ruling affects employees at six federal agencies and prohibits further terminations under these pretenses. Judge Alsup's decision underscores that these workers were dismissed under false narratives while still in their probationary period—either newly hired or recently promoted—and should not have been labeled as underperformers without proper evaluation or process.Though Alsup's ruling offers protection against future actions, he declined to issue a preliminary injunction requested by the state of Washington, stating the state lacked standing because it could not show concrete harm from the federal firings, such as a clear loss of federal services.This legal challenge comes amid a broader judicial tug-of-war. In March, Alsup had initially ordered the reinstatement of 16,000 workers pending resolution of a lawsuit. However, the U.S. Supreme Court blocked that injunction on April 8, suggesting that nonprofit organizations representing federal workers may lack the legal standing to sue on their behalf. Following that, the Fourth Circuit Court of Appeals also halted a separate injunction from a Maryland judge that would have reinstated probationary employees in 19 states and Washington, D.C.Despite the limits imposed by the higher courts, Alsup's decision focuses on the reputational harm caused by labeling the dismissals as performance-based, rather than procedural or administrative. He signaled that the government must correct the record for those terminated workers.Performance-Based Federal Worker Layoffs a ‘Sham' Judge RulesThe U.S. Supreme Court is set to hear a major challenge to a provision of the Affordable Care Act (ACA), commonly known as Obamacare, that mandates insurers cover certain preventive medical services—like cancer screenings and diabetes testing—without cost-sharing by patients. The case centers on the constitutional validity of the U.S. Preventive Services Task Force (USPSTF), a panel of medical experts that identifies which services should be covered. The panel's 16 members are appointed by the Secretary of Health and Human Services (HHS) but are not confirmed by the Senate.A group of Texas-based Christian individuals and businesses filed the lawsuit in 2020, arguing that the USPSTF wields too much authority and must therefore comply with the U.S. Constitution's Appointments Clause. This clause requires that significant federal officers—known as "principal officers"—be nominated by the president and confirmed by the Senate. The plaintiffs claim the task force has evolved from a purely advisory body to one that effectively imposes binding legal obligations on insurers, all without proper accountability.In 2024, the conservative-leaning 5th U.S. Circuit Court of Appeals agreed with the plaintiffs, ruling the task force's structure unconstitutional. The federal government appealed that ruling to the Supreme Court. The Biden administration originally filed the appeal, and it was later continued by the Trump administration. Government lawyers argue that the task force should be classified as comprising "inferior officers," since their recommendations are only made binding when approved by the HHS Secretary, who can remove task force members at will.The plaintiffs, however, maintain that the Secretary lacks actual power to stop recommendations from taking effect, making the task force's authority effectively unchecked. They also argue that this lack of oversight elevates the members to principal officer status, necessitating Senate confirmation.Before narrowing the lawsuit to the appointments issue, the plaintiffs also challenged the ACA's requirement to cover HIV prevention medication on religious grounds, asserting it promoted behaviors they opposed. The appeals court declined to sever portions of the law that might otherwise save the provision, another aspect now before the Supreme Court.If the Supreme Court upholds the lower court's decision, key preventive healthcare services could become subject to out-of-pocket costs like deductibles and co-pays, potentially deterring millions from accessing early detection and prevention tools. The Court's decision, expected by the end of June, could reshape how health policy is implemented under the ACA and may further weaken one of its core patient protections.US Supreme Court to hear clash over Obamacare preventive care | ReutersIn a rapidly unfolding legal confrontation, the U.S. Supreme Court issued an emergency order halting the deportation of a group of Venezuelan migrants from Texas, sparking a strong dissent from Justice Samuel Alito. The court intervened early Saturday morning, acting on urgent filings by detainees' lawyers who said the migrants were already being loaded onto buses for imminent deportation to El Salvador. The migrants were accused of gang affiliation, but their legal team argued they hadn't been given fair notice or time to challenge their removal. The administration attempted to use the Alien Enemies Act of 1798, a wartime law, to justify these expulsions.Justice Alito, joined by Justice Clarence Thomas, sharply criticized the majority's decision, calling it "unprecedented and legally questionable." He argued that the Court acted without giving lower courts adequate time to review the claims and issued its order with limited evidence and no explanation. The justices' ruling paused deportations “until further order of this Court,” leaving room for future legal developments.The Trump administration quickly responded, filing a motion urging the Court to reverse its stay. U.S. Solicitor General D. John Sauer argued the detainees' lawyers bypassed proper procedure by going directly to the Supreme Court and that lower courts had not yet had a chance to establish key facts. He maintained that the migrants received legally sufficient notice, though reports suggested the notices were in English only and lacked clear instructions.The administration's use of the Alien Enemies Act to deport alleged gang members is highly controversial. Originally passed in 1798 during hostilities with France, the law has been used sparingly and almost exclusively during wartime. The Supreme Court has not yet ruled on whether its application in this immigration context is constitutional. Migrants' advocates, including the ACLU, maintain that many of the men deported or at risk of deportation are not gang members and were denied due process.The legal conflict reflects a broader tension between Trump's immigration enforcement efforts and judicial oversight. Last month, Trump ordered the deportation of more than 200 men to a Salvadoran maximum-security prison, reportedly ignoring a judge's oral order to halt at least two flights. The White House has not signaled any intent to defy the current Supreme Court stay but remains committed to its immigration crackdown.The case, A.A.R.P. v. Trump, now becomes a focal point in ongoing disputes about executive authority, due process rights for detainees, and the scope of immigration enforcement under rarely invoked legal provisions. As the Court weighs further action, the lives of dozens of migrants hang in the balance, caught between legal technicalities and broader political pressures.Supreme Court's Alito Calls Block of Deportations ‘Questionable' - BloombergAlito criticizes US Supreme Court's decision to 'hastily' block deportations | ReutersTrump Administration Asks Supreme Court to Lift Deportation Halt - BloombergA federal judge in Boston ruled that the Trump administration's passport policy targeting transgender and nonbinary individuals is likely unconstitutional. The policy, which followed an executive order signed by President Trump immediately after returning to office, required passport applicants to list their biological sex at birth and allowed only "male" or "female" markers. This reversed prior policies that permitted self-identification and, under the Biden administration, had allowed the use of a gender-neutral "X" option.U.S. District Judge Julia Kobick issued a preliminary injunction that bars enforcement of the policy against six of the seven plaintiffs who filed the lawsuit. She held that the policy discriminates based on sex and reflects a bias against transgender individuals, violating the Fifth Amendment's guarantee of equal protection. Kobick described the administration's approach as rooted in "irrational prejudice" and said it runs counter to the Constitution's promise of equality.Despite finding the policy likely unconstitutional, Kobick declined to issue a nationwide injunction, stating that the plaintiffs did not justify the need for broad relief. Still, the ruling marks a significant legal setback for the administration's broader effort to redefine federal gender recognition policies.The executive order at the center of the case mandated all federal agencies, including the State Department, to recognize only two sexes—male and female—based on biology at birth. The State Department then revised its passport application process to align with this directive.The case is part of a wave of legal challenges to Trump's rollback of gender recognition policies. Lawyers for the plaintiffs, represented by the ACLU, vowed to continue fighting to expand the ruling's protections to all affected individuals.Trump passport policy targeting transgender people likely unconstitutional, judge rules | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe
Friday, April 18th, 2025Today, the Fourth Circuit Court of Appeals rejects Trump's bid to vacate Judge Xinis' order to facilitate the return of Abrego Garcia; Marco Rubio kills the State Department's anti propaganda shop; Palantir's plans to help ICE deport people have been leaked; Musk and DOGE are now setting their sights on the GSA; a judge rules that Google Is a Monopolist in online advertising technology; the Trump administration is suing Maine over participation of transgender athletes in girls' sports; the Supreme Court agrees to hear Trump's birthright citizenship case after arguments end for the term; multiple patients have been hospitalized after an active shooter was reported at Florida State University's campus in Tallahassee; and Allison and Dana deliver your Good News.Thank You, Fast Growing TreesGet 15% off your first purchase. FastGrowingTrees.com/dailybeans.POLITICAL VOICES NETWORK PRESENTS: Not The White House Correspondents' Dinner Live PPV April 26, 2025 9pm | MeetHook.liveGuest: John FugelsangTell Me Everything — John FugelsangThe John Fugelsang PodcastSiriusXM ProgressJohn Fugelsang (@johnfugelsang.bsky.social) — BlueskyPre-order Separation of Church and Hate: A Sane Person's Guide to Taking Back the Bible from Fundamentalists, Fascists, and Flock-Fleecing Frauds by John FugelsangStories:Florida State shooting live updates: 2 dead, sheriff's deputy's son in custody | NBC NewsMarjorie Taylor Greene Town Hall Turns Chaotic as Protesters Get Tased | Rolling StoneHow a Judge Tells a President to F**k Off - by Allison GillLeaked: Palantir's Plan to Help ICE Deport People | 404 MediaMarco Rubio Kills State Department Anti-Propaganda Shop, Promises ‘Twitter Files' Sequel | WIREDSupreme Court keeps hold on Trump's restrictions on birthright citizenship but sets May arguments | AP NewsTrump administration sues Maine over participation of transgender athletes in girls sports | AP NewsGoogle Is Illegally Monopolizing Online Advertising Tech, Judge Rules | The New York TimesGood Trouble:Find Your Representative | House.gov and demand that Ryan White Care Act funding is maintained for all parts (A-F).Ryan White Care Act | HRSA.govFind Upcoming Actions - 50501 MovementFederal workers - feel free to email me at fedoath@pm.me and let me know what you're going to do, or just vent. I'm always here to listen. From The Good NewsWE, WHO WALKED BENEATH THE STARS | AmazonIllinois Eaglefloridabar.org/uploads/2024/12/2025_06-DEC-Chapter-4-RRTFB-12-30-24.pdf(Maybe rule 4-8.4 (d) applies)Planned Parenthood*Screening for Colorectal CancerDana is in Los Angeles Opening for Gina Yashere - Sat: April 19Reminder - you can see the pod pics if you become a Patron. The good news pics are at the bottom of the show notes of each Patreon episode! That's just one of the perks of subscribing! Federal workers - feel free to email me at fedoath@pm.me and let me know what you're going to do, or just vent. I'm always here to listen.Share your Good News or Good Trouble:https://www.dailybeanspod.com/good/ Check out other MSW Media podcastshttps://mswmedia.com/shows/Subscribe for free to MuellerSheWrote on Substackhttps://muellershewrote.substack.comFollow AG and Dana on Social MediaDr. Allison Gill Substack|Muellershewrote, BlueSky|@muellershewrote , Threads|@muellershewrote, TikTok|@muellershewrote, IG|muellershewrote, Twitter|@MuellerSheWrote,Dana GoldbergTwitter|@DGComedy, IG|dgcomedy, facebook|dgcomedy, IG|dgcomedy, danagoldberg.com, BlueSky|@dgcomedyHave some good news; a confession; or a correction to share?Good News & Confessions - The Daily Beanshttps://www.dailybeanspod.com/confessional/ Listener Survey:http://survey.podtrac.com/start-survey.aspx?pubid=BffJOlI7qQcF&ver=shortFollow the Podcast on Apple:The Daily Beans on Apple PodcastsWant to support the show and get it ad-free and early?Supercasthttps://dailybeans.supercast.com/Patreon https://patreon.com/thedailybeansOr subscribe on Apple Podcasts with our affiliate linkThe Daily Beans on Apple Podcasts
Hey there, it's your favorite legal correspondent coming to you live from the heart of New York City. What a whirlwind these past few days have been in the world of Donald Trump's legal battles. Let me catch you up on all the drama.Just last week, on March 14th, we saw a major development in the ongoing saga of Trump's diversity, equity, and inclusion executive orders. The Fourth Circuit Court of Appeals lifted the nationwide injunction that had been blocking these controversial EOs. This means the Trump administration can now move forward with enforcing these orders while the legal challenges continue. It's a significant win for the former president, but the fight is far from over.Now, let's talk about the big one - Trump's criminal trial in New York. On March 15th, Justice Juan Merchan made a crucial decision regarding the upcoming sentencing, which is set for January 10th, 2025. The judge ruled for an unconditional discharge, essentially meaning Trump won't face jail time or probation for his conviction on 34 felony counts of falsifying business records. It's a surprising turn of events, considering the gravity of the charges.But hold on to your hats, folks, because the legal rollercoaster doesn't stop there. Just yesterday, we got word that Trump's legal team is gearing up to file an appeal. They're chomping at the bit to challenge the conviction, but here's the kicker - they can't do it until after the sentencing takes place in January. Talk about a legal cliffhanger!Meanwhile, over in Washington D.C., things have gone eerily quiet on the federal election interference case. After the Supreme Court's decision back in August to remand the case, Judge Chutkan granted the government's motion to dismiss in December. It's a stark contrast to the media frenzy we saw surrounding this case just a few months ago.And let's not forget about the document mishandling case down in Florida. That one's been in limbo since Judge Aileen Cannon dismissed the federal indictment last July, citing improper appointment and funding of Special Counsel Jack Smith. The Justice Department's appeal to the 11th Circuit Court of Appeals was ultimately dismissed in late November, leaving many legal experts scratching their heads.As we sit here today, on March 19th, 2025, it's clear that Donald Trump's legal battles are far from over. With appeals pending and new developments seemingly around every corner, you can bet I'll be here, keeping you up to date on all the twists and turns. Stay tuned, folks - something tells me we're in for quite a ride.
(Note: Due to technical issues, only part of this interview is available.)The case of Jeff MacDonald has been infused with controversy since the murders took place, almost 39 years ago. Through it all, Jeff has steadfastly maintained his innocence. Over the many years since trial, thousands of pages of government reports, obtained through the Freedom of Information Act, that prove the existence of outside assailants, have been obtained. In fact, not only do these documents show Jeff's claim of outside assailants to be true, they also show how the prosecution deliberately set out to suppress evidence supporting these claims before, during, and after his trial. The MacDonald case has served as an example of malfeasance in the investigation of the FBI Crime Lab's misconduct, and the case has been featured in numerous congressional hearings and in such publications as The Wall Street Journal, The Boston Globe and The New Republic. In January, 2006, the Fourth Circuit Court of Appeals panel of three unanimously agreed that the affidavit of Jimmy Britt, a respected former US Marshal, was sufficient grounds to propel a rare fourth appeal (successive habeas petition) forward for review to the District Court in Raleigh, North Carolina. Jimmy Britt died in October, 2008. In November, 2008, the District Judge denied relief. The defense will appeal to the 4th Circuit. The MacDonald case is one of the most enduring and haunting legal cases of our time, and a torturous example of injustice and wrongful conviction. It continues to endure and weigh heavily on the public consciousness because the right conclusion has never been has never been issued in a court of law- that Jeff MacDonald is an innocent man and must be released. If guilt was so clear, its hard to imagine that the interest and emotion this case continues to proliferate would still exist nearly 40 years later.http://themacdonaldcase.org/index.htmlBecome a supporter of this podcast: https://www.spreaker.com/podcast/the-opperman-report--1198501/support.
Jonathan Byrne and Alicia Penn of the District of South Carolina Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court news.
Jonathan Byrne and Josh Carpenter of the Western District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit Court news.
Antonio L. Ingram II is Senior Counsel at the NAACP LDF. He is a graduate of Yale College and UC Berkeley School of Law. He served as a law clerk for the honorable Ivan L. Lemelle in the Eastern District of Louisiana and for Chief Judge Roger L. Gregory for the Fourth Circuit Court of Appeals. Antonio also completed a Fulbright Public Policy Fellowship in Malawi where he did anti-corruption work. Talking to Antonio Ingram II, someone I met when he was a first year law student and I was the Director of Employer Outreach and Career Counselor, left me feeling inspired to focus on doing social justice work sustainably. In this episode with Antonio, we discuss: How his background growing up as a Black American in Oakland instills his passion for justice and drives his purpose to make the world better than what he inherited. Why as the descendants of slaves, he believes it's important to clerk for two Black federal judges and change the laws that once held his ancestors in bondage to now protect marginalized communities. What it felt like to be the only non-White law clerk out of 20 law clerks even when clerking in very diverse states, and why it's important to diversify clerkships. What we can do to improve the education system, and make public schools a place of integration and learning. What you can do to have hope, especially during dark times like the Kyle Rittenhouse verdict, by focusing on the progress we've made. How growing up poor makes us afraid of poverty and keeps us as indentured servants in corporate America, and what we can do to let go of that fear and focus on finding happiness. How to overcome what seems like insurmountable obstacles by sustaining yourself with wonder and gratitude. What we learn from Black men who were the first to go to high profile jobs like Goldman Sachs dying prematurely compared to their peers. How to make the world a better place and not be a martyr and succumb to powers literally trying to take you out and force you to overwork yourself to prove yourself. How completing a Fulbright Public Policy Fellowship in Malawi where he did anti-corruption work allowed him to get away from White Supremacy and grow in a way that was life empowering. How to maintain perspective, and know that where you grow up and where you come from does not have to be your entire world, and your world can be boundless. Want to connect with us? Connect with on Twitter @antonioingram and on LinkedIn at https://www.linkedin.com/in/antonio-l-ingram-ii-esq-473b6930/. Follow Samorn on LinkedIn at https://www.linkedin.com/in/samornselim/. Get a copy of Samorn's book, “Belonging: Self Love Lessons From A Workaholic Depressed Insomniac Lawyer” at https://tinyurl.com/2dk5hr2f. Get weekly career tips by signing up for our advice column at www.careerunicorns.com. Schedule a free 30-minute build your dream career consult by sending a message at www.careerunicorns.com.
OA1104 - America's Dismayor, and other great stories to help close out 2024 on a positive note! Rudy Giuliani's long, greasy slide from the heights of New York power seems to be ending in the same Manhattan federal courthouse in which he made his career as the US Attorney for the Southern District of NY. We take a closer look at the often hilarious lengths America's former mayor has gone to in the past year to avoid paying the $148 million judgment he earned by casually defaming two hardworking Georgia election volunteers. Also discussed: why the House Ethics Committee decided to release its report on Matt Gaetz, Biden's commutation of 92% of the federal death row, and a legitimately good decision from the Supreme Court that we meant to talk about earlier. Finally, Matt drops a footnote with what he is promising will be the last time that he talks about fonts this year. Freeman v. Giuliani docket Giuliani's written stipulation to making per se defamatory statements (7/25/23) Judge Liman's “turnover” order (10/22/24) Judge Howell's default judgment order (8/30/23) Giuliani's 55-page response to the plaintiff's motion for sanctions (12/19/24) The America First Warehouse (America's Most Patriotic Venue) U.S. v. Rahimi (June 21, 2024) “Preferred Typefaces for Briefs,” Fourth Circuit Court of Appeals (12/9/24) Check out the OA Linktree for all the places to go and things to do! If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!
After accused killer Lee Gilley appeared in court in Houston, Texas supported by lead defense attorney Dick DeGuerin, investigative journalists Mandy Matney and Liz Farrell dive in to what happened to Christa Bauer Gilley of Summerville, South Carolina. Court documents in the case reveal shocking details of how Lee Gilley acted after his wife's death at their Houston Heights home. You'll hear the latest on Lee Gilley's bond agreement and what's next to get Justice For Christa. And affidavits filed in Christa's children's custody case show the horrible way her family found out about her death … and about how she died. We also take a look at the U.S. Fourth Circuit Court of Appeals' decision to vacate the conviction and sentence of one of Alex Murdaugh's alleged co-conspirators — bank enabler Russell Laffitte. Why did the court do this? When will Russell be released from prison? What about all the money he still owes his attorneys? And will Murdaugh trial superstar Creighton Waters — with that Big Creighton Energy — step in to prosecute Russell on his pending 21 state charges for allegedly helping Alex steal clients' money? Plus an update on a trial date in the Sara Lynn Colucci case and the latest in Buster Murdaugh's defamation lawsuit. Stay Tuned, Stay Pesky and Stay in the Sunlight...☀️ Episode Resources Man charged with capital murder in pregnant wife's death first reported as suicide in Heights: Houston man accused in wife's death considered fleeing, relatives say The Yum Yum Snack Shop on Instagram Christa Gilley's Obituary Information on the Fourth Circuit Court of Appeals Recap on the Colucci Case Join Luna Shark Premium today at Lunashark.Supercast.com. Premium Members also get access to searchable case files, written articles with documents, case photos, episode videos and exclusive live experiences with our hosts on lunasharkmedia.com all in one place. CLICK HERE to learn more: https://bit.ly/3BdUtOE. If you are in crisis, please call, text or chat with the Suicide and Crisis Lifeline at 988, or contact the Crisis Text Line by texting TALK to 741741. What We're Buying... Hungry Root - https://hungryroot.com/mandy to get 40% off your first delivery and get your free veggies.. Hungry Root is the easiest way to eat healthy. They send you fresh, high-quality groceries, simple, delicious recipes, and essential supplements. Task Rabbit - Use promo code "mandy" at https://www.taskrabbit.com/ for 15% off your task. Task Rabbit connects you with skilled Taskers to help with cleaning, moving, furniture assembly, home repairs, and more. Peloton - onepeloton.com Find your push. Find your power with Peloton at onepeloton.com. Here's a link to some of our favorite things: https://amzn.to/4cJ0eVn And a special thank you to our other amazing sponsors: Microdose.com, PELOTON, and VUORI. Use promo code "MANDY" for a special offer! *** ALERT: If you ever notice audio errors in the pod, email info@lunasharkmedia.com and we'll send fun merch to the first listener that finds something that needs to be adjusted! *** For current & accurate updates: TrueSunlight.com facebook.com/TrueSunlightPodcast/ Instagram.com/TrueSunlightPod Twitter.com/mandymatney Twitter.com/elizfarrell youtube.com/@LunaSharkMedia tiktok.com/@lunasharkmedia Learn more about your ad choices. Visit podcastchoices.com/adchoices
After Alex Murdaugh's banker buddy Russell Laffitte was given a new trial, investigative journalists Mandy Matney and Liz Farrell — and attorney Eric Bland — take a look at what went into the Fourth Circuit Court of Appeals' decision to vacate the conviction of Alex Murdaugh's banker buddy Russell Laffitte and discuss what they expect to see in the future. When will Russell's retrial be held? Will Judge Richard Gergel — whose error led to this mess — still be the judge in the case? And what does this mean for the victims? Also on the show, the Egg Lady Juror asks the court to reconsider her request to be part of Alex's murder conviction appeal. Plus, Mandy, Liz and Eric start their preparations for the Lee Gilley case in Houston, Texas. Lee — who originally told police that his wife died by suicide, according to reports — has been charged with capital murder for the strangulation death of Christa Bauer Gilley, who was nine weeks pregnant at the time. This past week, we broke the news that Lee had hired Dick DeGuerin to be the lead attorney on his defense team. Dick — much like another Dick we know — has a reputation that precedes him, and not just because of his reported skills in the courtroom. Dick DeGuerin has represented the likes of David Koresh and — of all people — Robert Durst, who famously confessed to three murders during the making of the docuseries “The Jinx.” Stay posted on Eric Bland's New Book Anything But Bland on his website here: https://bit.ly/blandbook
Produced by KSQD 90.7, 89.5 & 89.7FM "Be Bold America!" Sunday, November 3, 2024 “A vote for Trump is a vote for fascism and a betrayal of American democracy and for everything it stands.” - Judge J. Michael Luttig (R), Fourth Circuit Court of Appeals, retired Listen to this fast-paced interview that covers Congress, Fox News, the Media, Mass Deportation, the Climate Crisis, Voting, and Oligarchs as they relate to: What will our lives be like in our country if Trump wins? What will our lives be like in our country if Harris wins? And, if Harris wins, what will life be like after the voters rejected the billionaire-funded Republican candidate and their rightwing Agenda 47 and Project 2025 plans? It has come to this. After fifty years of implementing a velvet coup, Tuesday (election day) we have been forced into deciding between two very different Americas. Elect Harris/ Walz and we continue with a democracy and the Rule of Law our founders designed. Elect Trump/Vance and our original form of government is gone and an authoritarian regime supplants it as being Above the Law. As Timothy Snyder, Professor of History at Yale University, recently stated: “If Trump wins; America ends.” INTERVIEW GUEST: Bette Dangerous, also known as Heidi Siegmund Cuda, is an Emmy-award winning investigative reporter, filmmaker, and bestselling author. She writes about American politics, culture, and Russian active measures at her Bette Dangerous substack magazine and is a political columnist and US correspondent for Byline Supplement and Byline Times. Her column Hot Type appears weekly in Byline Supplement. She is the co-host and producer of RADICALIZED Truth Survives podcast, an investigative show about disinformation and radicalization. https://www.bettedangerous.com https://www.bylinesupplement.com https://youtube.com/@radicalizedpod
Jonathan Byrne and Jeremy Thompson of the District of South Carolina Federal Public Defender Office discuss recent Fourth Circuit Court news.
This commonsense ruling by the Fourth Circuit Court of Appeals protects a fundamental religious liberty of faith-based organizations to employ people who align with their mission. Constitutional expert, lawyer, author, pastor, and founder of Liberty Counsel Mat Staver discusses the important topics of the day with co-hosts and guests that impact life, liberty, and family. To stay informed and get involved, visit LC.org.
Jonathan Byrne and Jackie Tarlton of the Eastern District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit Court news.
Wednesday, August 7th 2024Today, Kamala Harris has chosen Minnesota Governor Tim Walz as her vice presidential running mate; Republican Representative Andy Ogles has been hit with an FBI search warrant; the en banc Fourth Circuit Court of Appeals upholds Maryland's assault weapons ban; now the North Carolina election board is investigating Elon Musk's pro-Trump PAC after a voter data complaint; Donald hikes his Mar-a-Lago membership to $1m, raising concerns of selling access; union workers at Crooked Media stage a walkout to protest ‘anti-union negotiating tactics'; plus Allison and Dana deliver your Good News.Promo Code:For a limited time, HomeChef is offering you 18 Free Meals, plus Free Shipping on your first box, and Free Dessert for Life. At https://www.HomeChef.com/DAILYBEANS.Our GuestsRick Smiththericksmithshow.comThe Rick Smith Show (freespeech.org)twitter.com/RickSmithShowThe Rick Smith Show Podcast (Apple Podcasts)Dave Aronberghttps://twitter.com/aronberghttps://www.youtube.com/@TrueCrimeMTNhttps://linktr.ee/davearonbergStoriesFBI agents execute search warrant on Tennessee Congressman Andy Ogles, NewsChannel 5 confirms (NewsChannel5 Nashville)North Carolina election board investigates Elon Musk's pro-Trump PAC after voter data complaint (CNBC)Trump hikes Mar-a-Lago membership to $1m, raising concerns of selling access (The Guardian)Workers at ‘Pod Save America' Producer Crooked Media Stage Walkout to Protest Alleged ‘Anti-Union Negotiating Tactics' (Variety)Give to the Kamala Harris Presidential CampaignKamala Harris (MSW Media Donation Link) — Donate via ActBlueCheck out other MSW Media podcastshttps://mswmedia.com/shows/Subscribe to Lawyers, Guns, And MoneyAd-free premium feed: https://lawyersgunsandmoney.supercast.comSubscribe for free everywhere else:https://lawyersgunsandmoney.simplecast.com/episodes/1-miami-1985Subscribe for free to MuellerSheWrote on Substackhttps://muellershewrote.substack.comFollow AG and Dana on Social MediaDr. Allison Gill Follow Mueller, She Wrote on Posthttps://post.news/@/MuellerSheWrote?utm_source=TwitterAG&utm_medium=creator_organic&utm_campaign=muellershewrote&utm_content=FollowMehttps://muellershewrote.substack.comhttps://twitter.com/MuellerSheWrotehttps://www.threads.net/@muellershewrotehttps://www.tiktok.com/@muellershewrotehttps://instagram.com/muellershewroteDana Goldberghttps://twitter.com/DGComedyhttps://www.instagram.com/dgcomedyhttps://www.facebook.com/dgcomedyhttps://danagoldberg.comHave some good news; a confession; or a correction to share?Good News & Confessions - The Daily Beanshttps://www.dailybeanspod.com/confessional/From The Good NewsKamala Harris (MSW Media Donation Link) — Donate via ActBlueAntiretroviral Prophylaxis for HIV Prevention in Heterosexual Men and Women (the New England Journal of Medicine)www.nanustudio.coinstagram.com/nanustudiocoCheck Your Voter Registration!! (Vote.org) Live Show Ticket Links:https://allisongill.com (for all tickets and show dates)Friday August 16th Washington, DC - with Andy McCabe, Pete Strzok, Glenn Kirschner https://tinyurl.com/Beans-in-DCSaturday August 24 San Francisco, CA https://tinyurl.com/Beans-SF Listener Survey:http://survey.podtrac.com/start-survey.aspx?pubid=BffJOlI7qQcF&ver=shortFollow the Podcast on Apple:The Daily Beans on Apple PodcastsWant to support the show and get it ad-free and early?Supercasthttps://dailybeans.supercast.com/OrPatreon https://patreon.com/thedailybeansOr subscribe on Apple Podcasts with our affiliate linkThe Daily Beans on Apple Podcasts
Investigative journalists Mandy Matney and Liz Farrell — and everyone's favorite attorney Eric Bland — give a recap of last week's strange press conference after Myrtle Beach Pastor JP Miller settled with Mica Francis' family in their ongoing disputes in Family and Probate courts. Eric breaks down what the family might have given up in agreeing to drop their fight against JP getting to be personal representative of Mica's estate … but also what they might have gained by settling now. The three also discuss how JP's inner circle — and those still attending his church. Are they enablers of JP's alleged bad behavior or are they victims of coercive control? What makes them continue to stand by his side? Also on the show, a date has been set in Alex Murdaugh's Fourth Circuit Court of Appeals hearing — where he plans to argue that Judge Richard Gergel engaged in cruel and unusual punishment by giving Alex a 40-year sentence in his financial crimes earlier this year. Plus, the 2024 Olympics and the overwhelmingly positive messaging coming from this year's slate of top athletes. Visit our new events page Lunasharkmedia.com/events where you can learn about the upcoming in-person and virtual appearances from hosts or submit your own ideas at lunasharkmedia.com/newevents Check out Luna Shark Merch With a Mission shop at lunasharkmerch.com/ What We're Buying... Lumen - https://www.lumen.me/coj for 15% off your purchase. Your metabolic health, in your hands. Understand your unique metabolism, promote fat burn, lose weight, and boost energy naturally. CBDistillery - https://cbdistillery.com with code “COJ” for 20% off. No fluff. No fillers. Just pure, effective cannabinoid products. Over 43,000 Verified Reviews. 60-Day Money-Back Guarantee. Free Shipping Over $75. Subscribe & Save Up To 30% Sono Bello - https://sonobello.com/summer - #1 Specialist based on the most locations nationwide and largest group of practicing board-certified doctors. **Summer Savings Offer valid for a limited time. Here's a link to some of our favorite things: https://amzn.to/4cJ0eVn Find us on social media: Twitter.com/mandymatney - Twitter.com/elizfarrell - Twitter.com/theericbland https://www.facebook.com/cupofjustice/ | https://www.instagram.com/cojpod/ YouTube SUNscribe to our free email list to get alerts on bonus episodes, calls to action, new shows and updates. CLICK HERE to learn more: https://bit.ly/3KBM *** Alert: If you ever notice audio errors in the pod, email info@lunasharkmedia.com and we'll send fun merch to the first listener that finds something that needs to be adjusted! *** *The views expressed on the Cup of Justice bonus episodes do not constitute legal advice. Listeners desiring legal advice for any particular legal matter are urged to consult an attorney of their choosing who can provide legal advice based upon a full understanding of the facts and circumstances of their claim. The views expressed on the Cup of Justice episodes also do not express the views or opinions of Bland Richter, LLP, or its attorneys. Learn more about your ad choices. Visit podcastchoices.com/adchoices
Stand Up is a daily podcast. I book,host,edit, post and promote new episodes with brilliant guests every day. Please subscribe now for as little as 5$ and gain access to a community of over 700 awesome, curious, kind, funny, brilliant, generous souls Headlines and Sound Bites! 28 Mins In five years as counsel, senior counsel, and chief counsel to Senator Sheldon Whitehouse, Alex Aronson led Senate investigations, oversight, and legislative campaigns to confront anti-democratic judicial influence, ethical misconduct, and abuse of power. A political organizer, civil rights lawyer, and judicial ethics expert, Alex's work on judicial accountability and right-wing judicial influence has helped elevate these issues to national prominence, laying the groundwork for today's headlines exposing the Supreme Court's corruption and extreme judicial activism. Alex most recently served as the Managing Director of the Institute for Constitutional Advocacy and Protection at Georgetown Law Center. He was previously an attorney in the Appellate Section of the Civil Rights Division of the U.S. Department of Justice, a litigation associate at Covington & Burling LLP, and a law clerk to Judge Albert Diaz on the Fourth Circuit Court of Appeals. Before attending Stanford Law School, Alex helped lead a nationally prominent state-based nonprofit focused on improving voting access for underrepresented communities in Oregon, culminating in the nation's first statewide automatic voter registration law. 56 Minutes Colby Hall is the Founding Editor of Mediaite.com. He is also a Peabody Award-winning television producer of non-fiction narrative programming, became a media contributor to NewsNation in March of 2023. He is also a former Creative Director who launched iHeartRadio's original video offering. Check out his pieces at Mediaite The Stand Up Community Chat is always active with other Stand Up Subscribers on the Discord Platform. Join us Thursday's at 8EST for our Weekly Happy Hour Hangout! Pete on Threads Pete on Tik Tok Pete on YouTube Pete on Twitter Pete On Instagram Pete Personal FB page Stand Up with Pete FB page All things Jon Carroll Follow and Support Pete
How might the example of Christ as a servant shape the field of law and those who have made justice their profession? These is the types of questions Robert Cochran addresses in his most recent book titled The Servant Lawyer: Facing the Challenges of Christian Faith in Everyday Law Practice. Listen in as Bob shares insights from his career, encourages Christians working in this field, and frames the importance of law for the common good. Robert F. Cochran Jr. is the Brandeis Professor of Law Emeritus at Pepperdine University and a graduate of the University of Virginia School of Law. Following law school, he clerked for Judge John A. Field on the Fourth Circuit Court of Appeals and practiced with the law firm of Boyle & Bain in Charlottesville, Virginia. Resources: Check out Bob Cochran's book The Servant Lawyer.
The Dean's List with Host Dean Bowen – Conservative leaders actively resist the Biden Administration's reinterpretation of Title IX, which redefines sex and expands definitions of sexual harassment. With significant opposition from multiple states, the redefinition by the Fourth Circuit Court and Biden's rules could dramatically alter educational and legal landscapes. This issue escalates tensions in ongoing cultural and political conflicts.
The Job Judge podcast discusses the negative reputation that diversity, equity, and inclusion (DEI) programs have been receiving due to being hijacked by individuals wanting to replace white men with women and people of color. However, DEI was never meant to be an affirmative action program, but rather a tool to help individuals succeed in their job. The podcast cites a case from the Fourth Circuit Court of Appeals in March 2024 where a white man, David Duval, sued his former employer, Novent Health, under Title VII of the Civil Rights Act for being fired solely to achieve racial and gender diversity targets. The court found that Novent Health had no record of any documented criticism of Duval's performance or reasons for termination, and that he had performed exceptionally well in his role. Therefore, the court ruled in favor of Duval and awarded him with $10 million in damages. The case serves as an important example for corporations implementing DEI programs to understand that it is illegal to fire individuals in the name of DEI to achieve equity. The podcast stresses that DEI is about inclusion and belonging and not about replacing one group with another. "I'll be the judge of that!" The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it's a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.
GET TICKETS TO SUPD POD JAM IN LAS VEGAS MARCH 22-23 Stand Up is a daily podcast. I book,host,edit, post and promote new episodes with brilliant guests every day. Please subscribe now for as little as 5$ and gain access to a community of over 700 awesome, curious, kind, funny, brilliant, generous souls In five years as counsel, senior counsel, and chief counsel to Senator Sheldon Whitehouse, Alex Aronson led Senate investigations, oversight, and legislative campaigns to confront anti-democratic judicial influence, ethical misconduct, and abuse of power. A political organizer, civil rights lawyer, and judicial ethics expert, Alex's work on judicial accountability and right-wing judicial influence has helped elevate these issues to national prominence, laying the groundwork for today's headlines exposing the Supreme Court's corruption and extreme judicial activism. Alex most recently served as the Managing Director of the Institute for Constitutional Advocacy and Protection at Georgetown Law Center. He was previously an attorney in the Appellate Section of the Civil Rights Division of the U.S. Department of Justice, a litigation associate at Covington & Burling LLP, and a law clerk to Judge Albert Diaz on the Fourth Circuit Court of Appeals. Before attending Stanford Law School, Alex helped lead a nationally prominent state-based nonprofit focused on improving voting access for underrepresented communities in Oregon, culminating in the nation's first statewide automatic voter registration law. The Stand Up Community Chat is always active with other Stand Up Subscribers on the Discord Platform. Join us Thursday's at 8EST for our Weekly Happy Hour Hangout! Pete on Threads Pete on Tik Tok Pete on YouTube Pete on Twitter Pete On Instagram Pete Personal FB page Stand Up with Pete FB page All things Jon Carroll Follow and Support Pete
This week, we are discussing a number of legal developments. So, we've got one of the preeminent pro-gun legal minds on the show. Mark W. Smith, host of the Four Boxes Diner and member of the Supreme Court bar, joins me to talk about some complicated but fascinating cases. First and foremost, Smith explains why the case against Maryland's "assault weapons" ban has been moved on to be heard before the full Fourth Circuit Court of Appeals without the lower court panel that already held arguments issuing any decision. Smith predicted that might happen. He said it was done to try and delay the case further. He argued the intent was to keep the Supreme Court from getting ahold of the case and potentially overturning the ban. Smith said that tactic was becoming more common among liberal-leaning courts in the wake of the Supreme Court's landmark Bruen decision. But he also explained the Court may take up an AR ban case sooner than later anyway. He said it doesn't even necessarily need a circuit split, which is unlikely to happen anytime soon, to weigh in on the case. Smith also weighed in on the Department of Justice's surprising brief in the NRA's First Amendment case at the Supreme Court. Plus, Contributing Writer Jake Fogleman and I talk about how a board member's letter brought the NRA's internal turmoil back out into the open. Special Guest: Mark W. Smith.
Andrew is the Owner and Managing Partner of the Salinas Defense Law Firm, PLLC where he specializes in Criminal Defense and Immigration law. Since recording this episode, he has also started his own firm in Houston, Texas! He has secured many dismissals and favorable plea deals for clients charged with serious crimes, many of whom were facing deportation if they plead guilty to certain convictions. Prior to starting his own firm, Andrew was an attorney at a prominent Criminal Defense and Immigration law firm in Austin, TX that specialized in "crimmigration". Andrew handled hundreds of cases, including misdemeanors like Driving While Intoxicated and Assault Family Violence and felonies like Aggravated Assault with a Deadly Weapon and Engaging in Organized Crime. He also has experience as an Assistant District Attorney at the Kings County District Attorney's Office and as a Managing Attorney in charge of a brand-new Immigration Department at a boutique law firm in Brooklyn. Andrew graduated from Baylor University from the Baylor Interdisciplinary Honors Program with a B.A. in History and a minor in Rhetoric & Argumentation. He graduated from the Washington and Lee University School of Law where he actively competed and coached in several national moot court competitions. He had the pleasure of serving as a law clerk for the Mexican American Legal Defense and Educational Fund, a civil rights organization, in Washington, D.C., as a legal intern for the most respected non-profit immigration legal aid organization in the D.C.-Maryland-Virginia region, Ayuda, and as a Summer Fellow at the New York County District Attorney's Office in Manhattan. While in the Immigrant Rights Clinic in law school, Andrew and a fellow student attorney fought for their client to be granted asylum in an uphill battle case – and won. He also got a taste for federal appellate work when his team filed an appeal before the U.S. Fourth Circuit Court of Appeals for a Stateless client who had been fighting to remain in the U.S. for 20 years. In addition to being an editor for the Washington and Lee Journal for Civil Rights and Social Justice, he also proudly formed the leadership board of the Latin American Law Students' Association, serving as Moot Court Director and Vice President. https://salinasdefense.com/ https://www.instagram.com/abogadotejano https://www.facebook.com/profile.php?id=61553453914861 #leducentertainment #SpaghettiOnTheWall #newpodcast #trailer #LegalJourney #AndrewSalinas #CrimeAndImmigration
(Note: Due to technical issues, only part of this interview is available.)The case of Jeff MacDonald has been infused with controversy since the murders took place, almost 39 years ago. Through it all, Jeff has steadfastly maintained his innocence. Over the many years since trial, thousands of pages of government reports, obtained through the Freedom of Information Act, that prove the existence of outside assailants, have been obtained. In fact, not only do these documents show Jeff's claim of outside assailants to be true, they also show how the prosecution deliberately set out to suppress evidence supporting these claims before, during, and after his trial.The MacDonald case has served as an example of malfeasance in the investigation of the FBI Crime Lab's misconduct, and the case has been featured in numerous congressional hearings and in such publications as The Wall Street Journal, The Boston Globe and The New Republic. In January, 2006, the Fourth Circuit Court of Appeals panel of three unanimously agreed that the affidavit of Jimmy Britt, a respected former US Marshal, was sufficient grounds to propel a rare fourth appeal (successive habeas petition) forward for review to the District Court in Raleigh, North Carolina. Jimmy Britt died in October, 2008. In November, 2008, the District Judge denied relief. The defense will appeal to the 4th Circuit.The MacDonald case is one of the most enduring and haunting legal cases of our time, and a torturous example of injustice and wrongful conviction. It continues to endure and weigh heavily on the public consciousness because the right conclusion has never been has never been issued in a court of law- that Jeff MacDonald is an innocent man and must be released. If guilt was so clear, its hard to imagine that the interest and emotion this case continues to proliferate would still exist nearly 40 years later.http://themacdonaldcase.org/index.htmlThis show is part of the Spreaker Prime Network, if you are interested in advertising on this podcast, contact us at https://www.spreaker.com/show/1198501/advertisement
On this episode of No Straight Path, Ashley interviews civil rights attorney Antonio Ingram. Antonio serves as Assistant Counsel at the NAACP Legal Defense Fund. He is a graduate of Yale College and UC Berkeley School of Law. He served as a federal judicial law clerk for the honorable Ivan L. Lemelle in the Eastern District of Louisiana in New Orleans and for Chief Judge Roger L. Gregory for the Fourth Circuit Court of Appeals in Richmond, Virginia. He also completed a Fulbright Public Policy Fellowship in Malawi where he worked for the Malawian government and served in their Anti-Corruption Bureau. Antonio shares his inspiring journey and how he became a civil rights attorney. Ashley and Antonio also delve into a number important topics, including faith, racial justice, authenticity, and joy. Tune into another inspiring episode! Links Mentioned in Today's Episode: Antonio Ingram Antonio Ingram on LinkedIn NAACP Legal Defense Fund Ashley Menzies Babatunde Ashley Menzies Babatunde on Instagram Hubspot Podcast Network Rate & Review: If you enjoy listening to No Straight Path, please make sure you write a review and rate the show. It helps other listeners find the podcast. You can rate and review the show here. Thank you!
In Fall 2022 the Montgomery County Board of Education (MCBOE) revised its literature/ language arts curriculum for Pre-K to eighth grade to include new books centered around LGBTQIA+ issues, including pride parades, gender transitioning, same-sex marriage, and pronoun preferences. Although this concerned some parents, initially parents were notified when the books were being read and could opt their children out of those lessons. However, in March 2023 the MCBOE issued a statement alerting parents that they would no longer be notified when these books were being taught and requests to opt-out would not be honored. In light of this new statement, a coalition of parents of elementary school children in Montgomery County from a variety of faiths, including Islam, Catholicism, and Orthodox Christianity, brought suit in the U.S. District Court for Maryland. They argued that the MCBOE's refusal to alert parents when potentially objectional books on sex education & related topics were being taught and to deny them the option to opt their children out of such education was violative of their free-speech, free-exercise, and substantive-due-process rights under the U.S. Constitution and under Maryland law. The parents sought a preliminary injunction against the MCBOE. The U.S. District Court for the District of Maryland heard oral argument on August 9, 2023. Soon after it ruled against the parents, who appealed to the Fourth Circuit Court of Appeals. Oral argument at the 4th Circuit is set to occur on December 5. Please join us for a Litigation Update on Mahmoud v. McKnight with Eric Baxter, who is VP & Senior Counsel at Becket and is representing the plaintiffs in this case, as he gives a breakdown of this important case concerning religious liberty, free speech, education policy, and parental rights.Featuring: Eric Baxter, Vice President & Senior Counsel, The Becket Fund For Religious Liberty(Moderator) Emilie Kao, Senior Counsel, Vice President of Advocacy Strategy, Alliance Defending Freedom
Parental rights isn't just a hot topic in Virginia. One Maryland county has gone as far as integrating LGBTQ-inclusive books in their English language curriculum as young as kindergarten. That school system was sued by religious families, and Tuesday morning the fight came to Richmond's Fourth Circuit Court of Appeals. That's where Virginia, via Attorney General […]
Jonathan Byrne and Jackie Tarlton discuss recent Fourth Circuit Court of Appeals decisions.
On July 27, the Supreme Court issued an emergency ruling in favor of the Mountain Valley Pipeline (MVP), allowing the controversial West Virginia gas project to continue construction. The MVP is a 303-mile under-construction natural gas pipeline from northwestern West Virginia to southern Virginia, with a possible 75-mile extension to North Carolina. Following years of broken laws, failed permit applications, and courtroom losses, Congress included a provision in the bipartisan Fiscal Responsibility Act (FRA) that demanded the completion of the pipeline and stripped all courts of jurisdiction to hear any cases questioning pipeline approvals. The Fourth Circuit Court, which oversees appeals in the West Virginia/Virginia region, issued a stay, halting pipeline construction while they reviewed this provision. Construction resumed, however, when the Supreme Court affirmed Congress's right to strip this jurisdiction and bar the court from getting in the way. And it appears that the Supreme Court may have been right in that decision purely from a legal perspective, but the reason why points to a bizarre loophole Congress found to skirt the spirit of the Constitution's separation of powers clause, a tactic reminiscent of one used to strong-arm court decisions during the Reconstruction era. Ethan explores some of the history around jurisdiction stripping, how it relates to the MVP, and why regardless of one's feelings about the pipeline itself, Americans ought to understand the legal theory behind Congress's gambit in this week's “Tip of the Iceberg.” The Sweaty Penguin is presented by Peril and Promise: a public media initiative from The WNET Group in New York, reporting on the issues and solutions around climate change. You can learn more at pbs.org/perilandpromise. Support the show and unlock exclusive merch, bonus content, and more for as little as $5/month at patreon.com/thesweatypenguin. CREDITS Writer: Ethan Brown, Velina Georgi, Mo Polyak, Emma Quarequio Fact Checker: Mikaela Gonzalez Editor: Ethan Brown Producers: Ethan Brown, Hallie Cordingley, Shannon Damiano, Owen Reith Ad Voiceover: Velina Georgi Music: Brett Sawka The opinions expressed in this podcast are those of the host and guests. They do not necessarily reflect the opinions or views of Peril and Promise or The WNET Group.
Good Morning, #LALiens! Thank you for joining, giving this stream a thumbs-up, subscribing to Law and Legitimacy. Yesterday was a lot of fun. Mike felt the love on his first solo LAL flight. Norm rejoins Mike in the cockpit this morning and the two navigate the turbulence of a western culture in crisis. . On the agenda: . › Norm updates on the conditions of confinement for J6 detainees in DC detention facilities. . › Mark Rutte, the former Netherlands Prime Minister, has resigned, after the Dutch government failed to reach an agreement that would have tightened immigration policy in a country that has seen a dramatic rise in migrant arrivals over the last several years. Is the Netherlands the canary in the metaphorical coal mine for the whole of the West? . › The Fourth Circuit Court of Appeals in a split 2-1 decision sided with North Carolina State University in a lawsuit brought forth by a former tenured doctoral professor in the institution's education department which claimed violations of his first and fourteenth amendment rights and unlawful retaliation. The opinion cites Professor Stephen Porter's lack of collegiality as the lawful basis for his termination. What is going on in higher education? . Join us. . For the rest of the year, creators will receive 100 percent of the revenue from the purchase of monthly subscription badges, which Rumble recently launched for the price of $5 per month. Please consider purchasing a subscription badge to LAL and be assured that LAL will receive every penny of that subscription through the end of the year. Your consideration and patronage is most sincerely appreciated! . Daily livestreams beginning at 8:00 am EST on: › Rumble: https://rumble.com/user/LawandLegitimacy › Youtube: https://www.youtube.com/@lawandlegitimacy › Twitter: https://twitter.com/PattisPodcast . Subscribe and turn on notifications! . Support Law and Legitimacy: . - Locals: https://lawandlegitimacy.locals.com/ - Twitter: @PattisPodcast, @PattisNorm, and @MichaelBoyer_ - Subscribe on Apple Podcasts, Google Play, Audible, Spotify, or wherever you receive podcasts and rate LAL 5 stars. - Subscribe here on our Rumble and Youtube channels, give us a Rumble, and join our active community of free-thinkers, contrarians, and the unafraid on Locals!
Good Morning, #LALiens! Thank you for joining, giving this stream a thumbs-up, subscribing to Law and Legitimacy. Yesterday was a lot of fun. Mike felt the love on his first solo LAL flight. Norm rejoins Mike in the cockpit this morning and the two navigate the turbulence of a western culture in crisis. . On the agenda: . › Norm updates on the conditions of confinement for J6 detainees in DC detention facilities. . › Mark Rutte, the former Netherlands Prime Minister, has resigned, after the Dutch government failed to reach an agreement that would have tightened immigration policy in a country that has seen a dramatic rise in migrant arrivals over the last several years. Is the Netherlands the canary in the metaphorical coal mine for the whole of the West? . › The Fourth Circuit Court of Appeals in a split 2-1 decision sided with North Carolina State University in a lawsuit brought forth by a former tenured doctoral professor in the institution's education department which claimed violations of his first and fourteenth amendment rights and unlawful retaliation. The opinion cites Professor Stephen Porter's lack of collegiality as the lawful basis for his termination. What is going on in higher education? . Join us. . For the rest of the year, creators will receive 100 percent of the revenue from the purchase of monthly subscription badges, which Rumble recently launched for the price of $5 per month. Please consider purchasing a subscription badge to LAL and be assured that LAL will receive every penny of that subscription through the end of the year. Your consideration and patronage is most sincerely appreciated! . Daily livestreams beginning at 8:00 am EST on: › Rumble: https://rumble.com/user/LawandLegitimacy › Youtube: https://www.youtube.com/@lawandlegitimacy › Twitter: https://twitter.com/PattisPodcast . Subscribe and turn on notifications! . Support Law and Legitimacy: . - Locals: https://lawandlegitimacy.locals.com/ - Twitter: @PattisPodcast, @PattisNorm, and @MichaelBoyer_ - Subscribe on Apple Podcasts, Google Play, Audible, Spotify, or wherever you receive podcasts and rate LAL 5 stars. - Subscribe here on our Rumble and Youtube channels, give us a Rumble, and join our active community of free-thinkers, contrarians, and the unafraid on Locals!
Stand Up is a daily podcast. I book,host,edit, post and promote new episodes with brilliant guests every day. Please subscribe now for as little as 5$ and gain access to a community of over 740 awesome, curious, kind, funny, brilliant, generous souls. In five years as counsel, senior counsel, and chief counsel to Senator Sheldon Whitehouse, Alex Aronson led Senate investigations, oversight, and legislative campaigns to confront anti-democratic judicial influence, ethical misconduct, and abuse of power. A political organizer, civil rights lawyer, and judicial ethics expert, Alex's work on judicial accountability and right-wing judicial influence has helped elevate these issues to national prominence, laying the groundwork for today's headlines exposing the Supreme Court's corruption and extreme judicial activism. Alex most recently served as the Managing Director of the Institute for Constitutional Advocacy and Protection at Georgetown Law Center. He was previously an attorney in the Appellate Section of the Civil Rights Division of the U.S. Department of Justice, a litigation associate at Covington & Burling LLP, and a law clerk to Judge Albert Diaz on the Fourth Circuit Court of Appeals. Before attending Stanford Law School, Alex helped lead a nationally prominent state-based nonprofit focused on improving voting access for underrepresented communities in Oregon, culminating in the nation's first statewide automatic voter registration law. Check out all things Jon Carroll Follow and Support Pete Coe Pete on YouTube Pete on Twitter Pete On Instagram Pete Personal FB page Stand Up with Pete FB page
In this week's episode, Glenn and Amber meet with Jeff Martinovich, a man with an incredible story. When running a business, there are many mistakes to be made. Instead of accepting defeat, Jeff realized the incredible power of choice and used his unfortunate situation to help others. Hear more of Jeff's story and find out how you can improve yourself, help others and change your mindset. Jeff Martinovich founded and was CEO of MICG Investment Management, a billion dollar wealth management firm. Following the 2008 financial crisis, MICG's proprietary hedge funds experienced regulatory scrutiny and allegations. As CEO, Jeff vigorously defended his firm, refusing multiple settlement offers and instead choosing to defend his employees and himself in federal court. He was convicted and sentenced to 14 years in federal prison. His case was reversed twice by the Fourth Circuit Court of Appeals, two separate U.S. District Court Judges were removed and his successful federal suit liberated him from a higher-security, violent prison. In May 2020, after nearly 7 years, Jeff was released to home confinement and began his journey of rebuilding, restoring and turning disadvantages into advantages.
What you'll learn in this podcast episode “Thirty years of innovation and influence” is the subtitle of the recent report issued by the United States Sentencing Commission. But what does that really mean in the context of the organizational sentencing guidelines? In this episode of LRN's Principled Podcast, Eric Morehead, LRN Director of Advisory Services Solutions, is joined by one of the report's authors: Kathleen Grilli, the General Counsel for the US Sentencing Commission. Listen in as the two discuss how the commission impacts business leaders and the creation of compliance programs. Read LRN's takeaways from the report here. Principled Podcast Show Notes coming soon Featured guest: Kathleen Grilli Kathleen Cooper Grilli is the General Counsel for the United States Sentencing Commission, having been appointed to the position on October 7, 2013. Ms. Grilli has been on the staff of the Commission since 2003, serving as an assistant general counsel from 2003-2007 and deputy general counsel from 2007-2013. As the General Counsel, Ms. Grill provides legal advice to the Commissioners on sentencing issues and other matters relating to the operation of the Commission. Ms. Grilli is the agency's Ethics Officer and has conducted training on white collar crime and the organizational guidelines at numerous training events.Prior to working for the Sentencing Commission, Ms. Grilli was with the Office of Staff Counsel for the Fourth Circuit Court of Appeals. Before relocating to Virginia, Ms. Grilli was a partner in a small firm in Fort Lauderdale, Florida, handling civil and criminal litigation. Her previous work experience includes serving as an Assistant Federal Public Defender in the Southern District of Florida and as an associate at Akerman, Senterfitt and Edison, handling commercial litigation. Ms. Grilli is a member of the Bars of Florida and Virginia. She received a Bachelor of Arts in International Relations, with honors, from Florida International University. She graduated cum laude from the University of Miami School of Law. Featured Host: Eric Morehead Eric Morehead is a member of LRN's Advisory Services team and has over 20 years' experience working with organizations seeking to address compliance issues and build effective compliance and ethics programs. Eric conducts program assessments and examines specific compliance risks, he drafts compliance policies and codes of conduct, works with organizations to build and improve their compliance processes and tools, and provides live training for Boards of Directors, executives, managers and employees. Eric ran his own consultancy for six years where he advised clients on compliance program enhancements and assisted in creating effective compliance solutions. Eric was formally the Head of Advisory Services for NYSE Governance Services, a leading compliance training organization, where he was responsible for all aspects of NYSE Governance Services' compliance consulting arm. Prior to joining NYSE, Eric was an Assistant General Counsel of the United States Sentencing Commission in Washington, DC. Eric served as the chair of the policy team that amended the Organizational Sentencing Guidelines in 2010. Eric also spent nearly a decade as a litigation attorney in Houston, Texas where he focused on white-collar and regulatory cases and represented clients at trial and before various agencies including SEC, OSHA and CFTC. Principled Podcast Transcript Intro: Welcome to the Principled Podcast, brought to you by LRN. The Principled Podcast brings together the collective wisdom on ethics, business and compliance, transformative stories of leadership, and inspiring workplace culture. Listen in to discover valuable strategies from our community of business leaders and workplace change makers. Eric Morehead: 30 Years of Innovation and Influence is the subtitle of the recent report issued by the United States Sentencing Commission, but what does that really mean in the context of the organizational sentencing guidelines? Hello, and welcome to another episode of LRN's Principled Podcast. I'm your host today, Eric Morehead, Director of Advisory Service Solutions at LRN. Today, Kathleen Grilli, the General Counsel of the United States Sentencing Commission is joining us. She's one of the authors of this recent report, and we're going to be talking about how the commission impacts business leaders and the creation of compliance programs across the world. Kathleen is a real expert in this space and is a guest of ours last season where we talked about the seven hallmarks of an effective ethics and compliance program enshrined in the US Sentencing Commission's federal sentencing guidelines. Kathleen Grilli, thanks for joining us again on the Principled Podcast. Kathleen Grilli: Well, thanks for inviting me, Eric. I appreciate it. Eric Morehead: The commission just released this new report, The Organizational Sentencing Guidelines: 30 Years of Innovation and Influence. Even after more than 30 years, there are still, I think, at least from my perspective, many people who, when they start their career in compliance, are confused a little bit about why the Sentencing Commission is involved in corporate compliance. Can you talk just a little bit about how the US Sentencing Commission came to assume the role it has regarding compliance standards? Kathleen Grilli: Sure. You say that people in compliance are confused about it, but the truth is, even in the criminal justice arena where the commission operates... Our guidelines are used in federal courts for sentencing organizations and offenders. Even in that arena, there's not really widespread knowledge about Chapter 8 and the hallmarks for an effective compliance and ethics program. That's because there aren't a lot of organizational cases sentenced every year. But the reason the commission got into the business of corporate compliance has to do with its statutory mission. The commission was created in 1984 through a bipartisan piece of legislation called the Sentencing Reform Act, and that act did a couple of things as it related to sentencing of organizations. It provided that organizations could be sentenced to a term of probation, sentenced by way of a fine, and it required that at least one of those be imposed. This was something new. It also subjected organizations to orders of criminal forfeiture, meaning the proceeds of the criminal activity could be taken from them, order of notice to victims, and orders of restitution. That act also created the commission, which is a bipartisan agency and tasked the commission with developing guidelines for use in criminal cases for sentencing. It told us what the purposes of sentencing are, which is just punishment, deterrence, protection of the public, and rehabilitation of the offender. The commission had to decide what to do for sentencing of an organization. Obviously, you cannot put an organization in prison. Unlike individual offenders where sentencing ranges in terms of incarceration are something of the norm, you had to figure out what to do to sentence organizations. With an organization, as we know, the bottom line is they're in business to make money. In developing the organizational guidelines, the commission came up with its notion that it should use fines to incentivize self-policing. It would punish organizations who were not self-policing or not trying to prevent a crime or commit the offense with certain aggravating factors more severely than those who were trying to prevent and detect crime. That's how we got into the business of corporate compliance. Eric Morehead: Yeah. And it is interesting that the original writ was from the statute that you examine this. Can you talk a little bit about how the commission got specifically to those hallmarks, those programmatic pieces that we talked about a little bit on our last podcast a while ago? What was the process for the commission to get to those standards, those specific compliance pieces of the puzzle, if you will? Kathleen Grilli: The commission started its work in 1986 on organizational guidelines with a public hearing at which it received testimony from a variety of witnesses across various different wakes of the world: academics, people in business, government agencies, and the like. Over about a five-year period, because as I said, the Commission started its business in 1986 and didn't actually promulgate the organizational guidelines until 1991. During that period of time, there were numerous public hearings attended by a wide range of witnesses from different areas of the law, academics, government agencies, business owners, representatives of just different industries, and the like. The Commission had these hearings, they heard testimony, the Commission went back and developed drafts with proposals for how organizations would be sentenced. They published those drafts. The process of publishing is really a solicitation for public comment, so they got public comment on the drafts. This went on for a good period of time. In the meantime, the Commission was doing research. We had academics writing proposals and giving us ideas on how to implement the purposes of sentencing, which again, as I said, were just punishment, deterrents, protection of the public, and rehabilitation. Eventually, it came back to how does an organization get in trouble to begin with? An organization doesn't act alone. We have this theory in the law called vicarious liability where an organization is held responsible for the acts of its agents, meaning its employees. If the employees are the bad actors, everyone finally came to the conclusion that the best way to incentivize or prevent corporate crime was for the organization itself to self-police and to direct its employees and talk about what is and is not appropriate. That's how we ended up with compliance standards. At the time that they started all this work, compliance and ethics was not widely accepted in the industry. There was a little bit of compliance in the context of antitrust and then there was, in the defense industry, there was an initiative relating to that. Those ideas got floated before the commission and it generated a lot of interest. That's how they started developing the standards. Again, the standards were included in proposed guidelines that were published and they got public comment and not long before the actual vote where they adopted these guidelines. Even folks who were skeptical about whether this was going to work or not thought that the Commission had gotten the hallmarks of a compliance program right. They thought that they made sense and that they gave sufficient guidance to folks on what would and would not work. Eric Morehead: That's a really important point too, and I often will say this when I'm talking to people and I talk about my background. Full disclosure, I'm a former employee of the US Sentencing Commission, so I have a strong belief in the mission of the organization. But oftentimes, I will say, "Well, they were first," and part of being first is you've tried different things and maybe you don't know exactly what's going to work and what is going to be successful. But I think over time, and this report really homes in on that, this notion that the direction that the Commission took from '86 to '91 really has paid off a lot of benefits. One of the conclusions, one of the key conclusions from the report is that perhaps one of the biggest wins for the organization over the years is the widespread of adoption of the guidance and, in particular, the standards for what makes an effective compliance program. I have a two-parter here. Do you think the Commission recognized in '91 how important that might be? And does the Commission today understand the overall importance of the organizational guidelines, and in particular, 8B2.1, those compliance hallmarks? Did they understand it then and what's the understanding of the Commission now of the relative importance of these? Kathleen Grilli: Well, let me just back up a minute and just say that the commissioners who promulgated the organizational guidelines in 1991 no longer serve on the Commission. Commissioners have term limits. It's a different group then. It was a different group in 2004 that made the changes that brought ethics into the standards for compliance and ethics programs. As we were talking about before we started this podcast, we have a brand new group of seven new commissioners recently nominated by the President and confirmed by the Senate. You have different folks working on it. I can say that in the process of doing the research for this publication and others that I've worked on in this area, the Commission I don't think ever expected what we see today 30 years later. This widespread influence not only in terms of its use in the criminal justice arena, but how it has impacted other agencies. And we'll talk about that and the global reach. The Commission itself said, "This is an experiment." They had hopes that it would lead to better actors in the corporate world, but those were hopes and there was a lot of skepticism from the business community when this process was ongoing about whether this was going to work or not. I think we're always blown away when we realize the impact of it, and I say that from a personal point of view, too. Because when I came to the Commission and I've been on the staff for some time, I was not aware of Chapter 8. I had never represented in court an organization, but only individuals. And the first time I went to a compliance and ethics program where I saw and understood how well received and well regarded and what an impact we had had outside of the criminal justice arena, it sort of blew my mind that I know Judge Murphy and her Commission in 2004 or just before 2004, when they adopted the changes, they learned about it too when they came on board and it sort of blew them away. And I don't know with my current new bosses how well informed they are about this. This is really one of the reasons why, before they came on board, the staff and the then Commission, the one member, Judge Brier wanted to put this report out, memorializing the 30-year anniversary of the organizational guidelines. We're very excited about it, I have to say. Eric Morehead: No, it is an amazingly effective rubric that the Commission put together and that the Commission is taken a measured approach from my opinion, both in 2004. And then I had an up-close look in 2010 when I was on staff through that process. I think that its impact is pretty incredible 30 years later, looking back. One of the other things that's incredible... And I talk about new things when you come to the Commission. I had never really paid much attention to sentencing data until I joined the Commission in 2007. And the majority of the actual pages of this report have a lot of really interesting data about the organizations that have been sentenced over 30 years. Some key takeaways include trends that many of us, for those of us who are sentencing nerds, have seen over the years about the impact on small organizations, for example, versus larger organizations, making up the vast majority of defendants in that data set. To me, a lot of looking for what makes... Because compliance professionals that are listening to this podcast and that are not necessarily interested in sentencing per se, but interested in the sentencing guidelines because of compliance, they're looking for what makes a successful compliance program from sentencing data. To me, a lot of it is what you don't see. It's sort of like looking for... I liken it to looking for a black hole when you're an astronomer. You can kind of tell the telltale characteristics of a black hole existing because of how it affects everything else. And we don't really see organizations that have successful programs in this data. There were just 12 organizations out of those 5,000 or so in 30 years. Kathleen Grilli: 11. Eric Morehead: 11. See? I even increased the number. It's just 11 organization out of 5,000 or so, 4,900 and some change, that have ever been deemed to have a successful program. What are some other striking things that you and the team noticed looking over this data and these trends for 30 years? Kathleen Grilli: Let me just first say what this data is and what it is not so that listeners can understand why they may not find what they're looking for as to what makes a successful compliance program from the data. This data is for organizations, whether it be a corporation, a closely held corporation, partnership, whatever, but organizations that a federal prosecutor has decided to charge and gets convicted of a federal crime. It doesn't include organizations that the prosecutors decide, "Oh, we're going to enter into a deferred prosecution agreement or a non-prosecution agreement." It doesn't include organizations where a regulatory agency has seen that they violated some of the regulations, but they've decided not to proceed against them criminally but to pursue civil adjudications. I mean, in some ways, this data is about the folks that prosecutors decided were the worst of the worst organizations. You don't see what makes a successful compliance program in this data, but I like to say what we do see is that some of the things that the Department of Justice says to you about what they're looking for in deciding whether to prosecute an organization or not might find support in this data. We concluded that the lack of an effective compliance and ethics program might be a contributing factor to criminal prosecutions against organizations. And what specifically led us to that? Well, in the 30 years that we've been collecting data, overwhelming majority of the organizational offenders in our data set didn't have any program at all, much less an effective program. 89.6%, as you said, as you mentioned and asked me the question, there were only 11 sentences in fiscal year 1992 that got a culpability score reduction for having an effective compliance and ethics program. And I want to stop on those 11 because we went back. Everybody's always interested in what happens with those organizations or why was their program effective? And we were not able to suss a lot of information from the documentation to sort of tell people what it was. There wasn't a lot of descriptive information in the documents we received that would answer that question, but there's only 11 of them. And most of those 11 were very small organizations. It means they didn't have to have a very complex type of program. More than half, 58.3%, of organizational offenders sentenced under the fine guidelines got a culpability score increase for involvement in or tolerance of criminal activity by upper management would suggest to you. If the management or the substantial authority personnel are in on it, they may well end up sentenced before a federal court. I think that's an important point, too. And very few of these organizations, we'd only saw 1.5% overall that did the three things that get you the maximum reduction off your culpability score, which is self-report, cooperate, and accept responsibility. There were very few organizations, even though there were many that pleaded guilty and accepted responsibility, that actually self-reported. That's important because you hear the Department of Justice talk about why that matters. And this data sort of offers support for the fact that it does. And then the other thing we saw is that courts are now ordering organizations to implement effective programs in about 20%, one-fifth of the cases that come before them when they impose probation. This was the kind of data that we thought would help fuel the discussion or the debate on the importance of having an effective compliance and ethics program. The other thing you should note about our data, I think it's important too, is that a good percentage of the organizations that have been sentenced over the last 30 years are smaller organizations. It's not large publicly-traded Fortune 500 companies. It's smaller, less number of employees. I think that matters too. Eric Morehead: That's a trend that I think we've noted in the data, because the size of organizations, the number of employees has been a data point that the commission has released over the years on an annual basis. And by the way, as it's worth mentioning for people who are interested, there'll be a link in the show notes here for this particular report we're talking about. But the Commission puts out data all the time. And at least on an annual basis, there's the Sentencing Commission's Sourcebook on sentencing, which has discussion on organizational cases and includes some of this data. You don't have to wait 30 years to see the trends again. You can keep up with it at the Sentencing Commission website. Yeah. The small organizations... I think a big surprise to people who have first heard about this because we see the headlines all the time about the Enrons and, I'm going to date myself here, World Comps and Volkswagen and some of the other organizations. Some of those aren't actually even criminal sentences, as you point out. Those are deferred prosecution agreements or civil settlements of some sort, but those are the companies that make the headlines. It's the little guys, small and medium-sized organizations, that take these big hits more frequently than the larger organizations. That, I think, is surprising to people who aren't familiar with the data, but that's a consistent trend throughout the entirety of the enforcement, at least throughout the 30 years that the Commission's been keeping track. Kathleen Grilli: Yeah. It may change now, given what the Department of Justice said last week. Eric Morehead: Yeah. You never know. Yeah never know. We'll have to pay attention and then look at the Sourcebook next year and see what the differences are. The other impact beyond our friends at the Department of Justice and the courts throughout the United States is the impact that the Commission and the organizational sentencing guidelines and these standards have had on other enforcement agencies besides the criminal enforcement and also internationally, which I think is very interesting. Can you talk a little bit... And that's documented in chapter three of this report. The first chapter is talking a little bit about the history. The second chapter is the data that we were just discussing. And then chapter three talks about how the USSC has encouraged other enforcement agencies and regulators to focus on good governance and compliance. Can you discuss a little bit about what the team found when you researched that? Kathleen Grilli: Yeah. I think that using the word that the USSC has encouraged suggests that there's some sort of active work going on by the Commission. Let me just say that I don't think that is a fair statement. The Commission did its work and let its work speak for itself, and it has sort of spread throughout regulatory agencies and/or the globe just because it makes sense, I think. Anyway, that's my personal opinion. But I made reference to the Department of Justice, and so I'll start with a Department of Justice if I could. The Attorney General, where it's his designee is an ex-officio member of the Commission, a non-voting member. Obviously, the Attorney General Department of Justice were actively involved in the development of the chapter eight itself and then the subsequent amendments in 2004 and 2010. But you see the impact of the guidelines in their evaluation of corporate compliance programs and all of the information that they release and discuss on how they focus on compliance in deciding how to prosecute an organization. Just last week, the Deputy Attorney General, Lisa Monaco, talked about changes that they're going to make. There was sort of an oblique reference to our data, which is that there's been a drop in corporate prosecutions that we see in the data. I think there were less than a hundred last year, and they talked about sort of reversing that trend and looking at that, that the department thinks this is important. And they've placed a lot of importance recently on compliance programs because she said companies need to actively review their compliance program to ensure that they adequately monitor for and remediate misconduct or it's going to cost them down the line. Kenneth Polite, who is the... I think it's Assistant Attorney General of the Criminal Division. He's a former chief compliance officer and they've made a lot of emphasis in the department on active review of programs and true independence for the chief compliance officer. That's the Department of Justice who obviously are actively involved in using the guidelines in federal courthouses, but then you have other regulatory agencies. I'm going to run through them real quick and just say the SEC, HHS, EPA, FERC, which is Federal Energy Regulatory Commission, and the FAR all have requirements built into them about compliance programs. And most of them say that they're looking to the guidance on the guidelines. Some of them adopted them full scale, some of them may have modified them a little bit. And all of that came after chapter eight in 1991. All of those agencies look to the guidelines. And then we see that if you look internationally at what's happening around the world in terms of anti-corruption, anti-bribery, and all the like, that elements of the hallmarks for an effective compliance and ethics program found in the guidelines are making their way into legislation, into programs, into initiatives that foreign governments are releasing. And I can't even keep track of it, truthfully, but it seems to be coming up more and more and more. When the Commission promulgating the guidelines in 1991, they described them as an experiment. We wanted in this publication to sort of show, did the experiment bear fruit? And I think all of that suggests that it did. These changes and everything that goes back to those original seven steps laid out in the guidelines and elevated in 2004 to give them a little more prominence. It really is very, very exciting. I feel bad. I sound sort of like I'm patting myself on the back, and so I want to make it really clear to the listeners. I was not on this staff in 1991. I wasn't working on this. I did not have anything to do with the 2004 amendments. I came into it after the fact, but it's just really exciting to see it and to see the impact and how well regarded the Commission's work is. Eric Morehead: No, I think that's right. I think the report really sums up what I think a lot of us have felt. Again, I'm probably biased, but a lot of us have felt this way for a while, that the standards, really, have set the bar and provided kind of a North Star for compliance programs for that whole generation, that whole 30 years. And it's made a difference in millions of people's daily lives in their working lives, because it affects how their company operates for the good or for the bad. And that really makes all the difference to us. I think you guys can successfully pat yourselves on the back a little bit. Well, last thing, again, knowing that we're talking to a lot of compliance officers who hopefully have, if they're new, have a little bit more appreciation as to why the US Sentencing Commission is involved in their lives, are there other takeaways from the research and work that the team put into this report that you think are particular importance for compliance professionals or things they should be aware of? Kathleen Grilli: Well, one of the things that I hear when I intend conferences and one of the things that I think folks [inaudible 00:26:26] is the fact that there's not enough investment in compliance. The bottom line in business is money and making money, and you can't necessarily provide metrics that show how your work is going to add to the bottom line. Then it's hard to make the case. Now, I know these days, in recent years, folks have come up with ways to measure how compliance and ethics does contribute to the bottom line, and I really believe it does. But this data can offer you the picture of what happens if you don't. Eric Morehead: Yeah. Kathleen Grilli: Because since 1992, courts have imposed nearly $33 billion in fines on organizational offenders. The average fine was over $9 million. Although the median was a little lower, it was only $100,000. But for a small mom and pop organization, a hundred grand is a lot of money. And the other thing is that courts will sentence organizations to probation. Over two thirds of the organizational offenders in the last 30 years have been placed on probation with an average term of 39 months, where you're going to have to be reporting to a probation officer and complying with all these requirements. And that's time consuming and costly, too, when you think about it. There's a little bit there that can answer the mail in terms of why am I going to invest in compliance and ethics. Eric Morehead: I'm a big believer in making the positive business case, but you also need to make the "everybody's going to go to jail" case too. Kathleen Grilli: Well, especially in light of the recent guidance that the Department of Justice, I mean, where they're going to be looking at individuals and they're going to be requiring organizations to give up all individuals who might be involved, I think that's something that folks should keep in mind as well. It's important because it's not just going to be the company, it's going to be the employees too. Eric Morehead: Yeah. And again, that's important data. That's in chapter two of this report, that over 50% of the time over the period, you've got at least one living, breathing human being who's also faced charges consistent with the charges that the organizations faced. It includes actual human beings in this process, not just the organization. Kathleen Grilli: I think we're only going to see an increase if the department's guidance holds true that those numbers may go up. Eric Morehead: Yeah. We'll have to check. We'll check in next year after the Sourcebook comes out and see if the trend has moved. Kathleen Grilli, it's been a tremendous honor again to have you on our podcast and really appreciate you taking the time. Kathleen Grilli: Oh, it's an honor for me to be here. Thank you so much for inviting me. Eric Morehead: No problem. My name is Eric Morehead and I want to thank all of you for tuning in once again to the Principled Podcast by LRN. Outro: We hope you enjoyed this episode. The Principled Podcast is brought to you by LRN. At LRN, our mission is to inspire principled performance in global organizations by helping them foster winning ethical cultures rooted in sustainable values. Please visit us lrn.com To learn more. And if you enjoyed this episode, subscribe to our podcast on Apple Podcasts, Stitcher, Google Podcasts, or wherever you listen, and don't forget to leave us a review.
This week, Attorney Daigle reviews the Fourth Circuit Court of Appeals case, US v. Faruq Rose. The case involves a Fourth Amendment claim to suppress evidence of cocaine found through a search of packages addressed to a deceased person.
In a bizarre narrative, Jeff Martinovich was convicted and sentenced to 14-years in federal prison, then released on home confinement after seven years. He stops by today to share his amazing story as well as the details of his new book “Just One More: The Wisdom of Bob Vukovich”. Guest Bio: Jeff was Founder and CEO of MICG Investment Management, a billion dollar wealth management firm nationally recognized for its rapid growth, WoW service and A-Player culture. Following the 2008 Financial Crisis, MICG's proprietary hedge funds experienced regulatory scrutiny and allegations. As CEO, Jeff vigorously defended his firm, refusing multiple settlement offers and instead choosing to defend his employees and himself in federal court. In a bizarre narrative, Jeff was convicted and sentenced to 14-years in federal prison. His case was reversed twice by the Fourth Circuit Court of Appeals, two separate U.S. District Court Judges were removed, and his successful federal suit liberated him from a higher-security, violent prison. In May 2020, after nearly 7 years, Jeff was released to home confinement and began his journey of rebuilding, restoring and turning disadvantages into advantages. Guest Contact Info: WEBSITE: https://jeffmartinovich.com/ FACEBOOK: https://www.facebook.com/jeffrey.martinovich.1 TWITTER: https://twitter.com/JeffMartinovich INSTAGRAM: https://www.instagram.com/jeffmartinovich/ LINKEDIN: https://www.linkedin.com/in/jeff-martinovich Thanks for listening to the show! It means so much to us that you listened to our podcast! If you would like to continue the conversation, please email me at allen@drallenlycka.com or visit our Facebook page at http://www.facebook.com/drallenlycka. We would love to have you join us there, and welcome your messages. We check our Messenger often. If you loved the podcast, be sure to subscribe on your favorite platform, share it with friends and leave a review! Dr. Lycka wants you to live your best life. Visit coachingwithdrlycka.com and book your Discovery call today. His bestselling book, "The Secrets to Living a Fantastic Life" can be found on Amazon.com. Get your copy today! We are building a community of like-minded people in the personal development/self-help/professional development industries, and are always looking for wonderful guests for our show. If you have any recommendations, please email us! Dr. Allen Lycka's Social Media Links Facebook: http://www.facebook.com/drallenlycka Instagram: https://www.instagram.com/dr_allen_lycka/ Twitter: https://www.twitter.com/drallenlycka LinkedIn: https://www.linkedin.com/in/allenlycka YouTube: https://www.YouTube.com/c/drallenlycka Subscribe to the show We would be honored to have you subscribe to the How to Live a fantastic Life show – you can subscribe to the podcast app on your mobile device. Leave a review We appreciate your feedback, as every little bit helps us produce even better shows. We want to bring value to your day, and have you join us time and again. Ratings and reviews from our listeners not only help us improve, but also help others find us in their podcast app. If you have a minute, an honest review on iTunes or your favorite app goes a long way! Thank you!
There are two weeks left before the next solstice, with fourteen more days of the sun springing above the horizon just a little bit higher each sunrise before the march to fall begins once more. I will not mention that other season for I know that may trouble some readers and listeners. It is June 7, 2022, and this is the matching installment of Charlottesville Community Engagement. I’m Sean Tubbs, planning for a summer of content. Sign up for free, but if you opt to help support the work with a paid subscription, Ting will match your initial payment! On today’s program:A panel of federal judges has dismissed a lawsuit seeking an election for the House of Delegates this yearThe Rivanna Water and Sewer Authority turns 50 today, and both Albemarle and Charlottesville have agreed to extend its existenceVarious updates from Charlottesville City Manager Rogers, as well as an update on why consideration of a seven-story building on Jefferson Park Avenue has been delayedFirst shout-out to Camp AlbemarleToday’s first subscriber-supported public service announcement goes out to Camp Albemarle, which has for sixty years been a “wholesome rural, rustic and restful site for youth activities, church groups, civic events and occasional private programs.”Located on 14 acres on the banks of the Moorman’s River near Free Union, Camp Albemarle continues as a legacy of being a Civilian Conservation Corps project that sought to promote the importance of rural activities. Camp Albemarle seeks support for a plan to winterize the Hamner Lodge, a structure built in 1941 by the CCC and used by every 4th and 5th grade student in Charlottesville and Albemarle for the study of ecology for over 20 years. If this campaign is successful, Camp Albemarle could operate year-round. Consider your support by visiting campalbemarleva.org/donate. Federal judges dismiss Goldman’s lawsuit seeking 2022 House of Delegates electionThere are 518 days until the next time voters will decide on who will sit in the Virginia House of Delegates. That’s a year later than the 154 days that Richmond attorney Paul Goldman had wanted, but a panel of three federal judges have ruled that he did not have standing to bring the lawsuit either as a voter or a potential candidate. (read the opinion)In his original complaint filed June 28 of last year, Goldman alleged that the legislative boundaries at the time of the 2021 House of Delegates elections scheduled for that November would be in violation of the Equal Protection Clause in the 14th amendment of the U.S. Constitution. He argued the population of some districts were much larger than others due to the outdated districts.The case made its way up to the U.S. Fourth Circuit Court of Appeals before being sent back to the lower court this past March. Attorneys for the state filed a motion to dismiss the case on April 1, 2022, and yesterday’s opinion granted their request.“The current Motion to Dismiss follows a convoluted, months-long procedural history involving multiple complaints, motions to dismiss, motions to intervene, various hearings, as well as the appointment of a three-judge court and an interlocutory appeal to the Fourth Circuit of Appeals on sovereign immunity,” reads the introduction to the opinion. The opinion is also a history of the delays experienced by the U.S. Census Bureau in delivering data from the 2020 count due to pandemic-related issues as well as the failure of the bipartisan Virginia Redistricting Commission to reach consensus last October. The opinion notes that Goldman opted to not file paperwork to actually run in 2021, and notes Goldman resisted proving that he even voted that year. That means he could not prove he personally suffered an “injury” that would grant him the right to sue. “Plaintiff bears the burden of proving that he has standing, but he has not properly supported his assertion that he voted in November 2021,” the opinion continues. “If Plaintiff did not vote in November 2021, he lacks standing, as he cannot claim injury to a right that he voluntarily failed to exercise.” Goldman later did file an affidavit stating he did vote, but the opinion notes this was filed improperly. Still, the ruling goes on to state Goldman had not sufficiently explained why he was personally disadvantaged by voting in 2021 in the older district. “Virginia has 100 House of Delegates districts, making the ideal district population 86,314,” Judge Novak writes in the opinion. “Plaintiff’s House of Delegates District, District 68, had an adjusted population of 85,344.” The case is now closed, according to the order, with no possibility of appeal. City Manager report: Utility disconnections, city leases, building permits, and more One innovation to come with the tenure of interim City Manager Michael C. Rogers is a written report that is produced once a month to address items that come up at City Council. He also read from the report at the beginning of last night’s meeting and provided an update on the city’s current pause on issuing new building permits. No new inspections or permits will take place through June 13. (read the report)“We have made multiple offers for a new building official and have to restart the process again with the most recent candidate changing their mind about relocating here at the last minute after we thought they accepted the position,” Rogers said. “We had previously contracted with a firm to help us with the inspections to offset our shortage. The two employees signed by that firm also left us recently so we are scrambling to catch up.”In his written report, Rogers said the city is working with the University of Virginia on a solution. Rogers also said an award should be made soon for a firm to help the city write a collective bargaining ordinance and that should be before Council in September with a draft ready in August. The interim city manager also reported that the city has been once again awarded a AAA bond rating from both S&P and Moody’s. A $26 million sale of bonds to fund capital projects is expected to be made today. Council also got an update on the city’s resumption in April of disconnecting utility customers for non-payment. A moratorium was in place for nearly two years due to the pandemic. “The utility billing office notified 282 accounts of pending disconnections by hanging cards on their doors,” said Deputy City Manager Ashley Marshall. “To date, 246 of those accounts have made payment arrangements.” The written report contains several other pieces of information that touch on previous stories:The June 21 Council work session will resume the discussion of city-owned properties and whether the city is getting the most out of current arrangementsA request for proposals for $178,394 in remaining Community Development Block Grants will be released this week Final design of a parking and pedestrian access for the Dogwood Memorial in McIntire Park has been reviewed and a budget and scope of work is being drafted, as well as a fundraising plan Rogers’ employment by the city is through a contract with the Robert Bobb Group, and Council extended that contract until the end of this year. Council action on seven-story building on Jefferson Park Avenue delayedCharlottesville City Council had been expected to consider a special use permit for a seven-story building on Jefferson Park Avenue at their meeting last night, but the item was delayed until a further meeting. The Planning Commission voted 4-3 on May 10 to recommend approval, with some members expressing concerns about the massing and scale of the project. Mayor Lloyd Snook addressed the delay. “There were a number of issues raised at the Planning Commission and the approval that the Planning Commission gave was in some ways was conditioned upon ‘you all go figure ways to moderate this, to mitigate some of the harmful effects of the way it was appearing to be so massive and so on,” Snook said. Snook said the Department of Neighborhood Development Services requested more time to work on the proposal before it gets to City Council. The item will be rescheduled. Second shout-out goes to a Livable Cville eventIn today’s first subscriber supported shout-out, Livable Cville wants you to know about an online presentation coming up on June 7. The Community Climate Collaborative and Livable Cville are presenting a talk on what they consider Climate-Smart Zoning. Executive Director Susan Kruse and Director of Climate Policy Caetano de Campos Lopes will be the presenters. This is happening on Tuesday, June 7, from 5:30 p.m to 6:30 p.m. Sign up for the free event on EventBrite. Rivanna Water and Sewer Authority will get to turn 100Fifty years ago today, the Rivanna Water and Sewer Authority was incorporated as a public body, pursuant to what was known as the Virginia Water and Sewer Authorities Act. The body was created at the request of both Charlottesville and Albemarle County. “That was for the purpose of managing our reservoirs and dams, our public drinking water, treating that and distributing it, and also treating our sewage,” said Lance Stewart, the director of Facilities and Environmental Services for Albemarle County. Under the terms of the incorporation, a term limit of 50 years was imposed but extension could be granted if its member bodies pass resolutions to allow it to continue. Bill Mawyer has been the RWSA’s executive director for the past five years and he appeared before both bodies in the past week to make the case for continued existence.“Our staff works very hard to diligently, professionally, and economically provide water for the greater region of the city and the county, including Crozet, Scottsville, in Red Hill we have a small system,” Mawyer said. “We operate and manage six water supply reservoirs, five water treatment plants, and four wastewater plants.” No one spoke at the public hearing in Albemarle and the resolution passed. Last night, it was City Council’s turn, but before that public hearing, City Council Clerk Kyna Thomas read the consent agenda which included this item:“Approving the Rivanna Water and Sewer Authority northern area projects allocation agreement, one reading,” Thomas said. Consent agenda items are resolutions that are not controversial for which a public conversation isn’t deemed necessary. Capital projects are paid for by ratepayers and each locality pays a share. In this case, the agreement lays out that the Albemarle County Service Authority will pay the full costs of new service to increase capacity in the area north of Hollymead Town Center, with the exception of a future storage tank that will hold one million gallons. By the terms of the agreement, the city will pay ten percent of that project because it adds to the system’s overall capacity. The city will pay 48 percent of the $2.425 million cost to decommission a water treatment plant on the North Fork of the Rivanna River. After holding a public hearing on rates for water, wastewater, and natural gas, it was time for Council to adopt their resolution extending the existence of the RWSA. “It’s been 50 years, it expires tomorrow, and so this action is placed here for renewal,” Rogers said. No one spoke at City Council’s public hearing, either, and Council concurred with Supervisors to keep the RWSA in business. The RWSA next meets on June 28. Did you learn something new? I learned something new writing it. Share this post with others to keep the learning going! Town Crier Productions has a sponsorship thing with Ting!For over a year one year now, Town Crier Productions has had a promotional offering through Ting!Are you interested in fast internet? Visit this site and enter your address to see if you can get service through Ting. If you decide to proceed to make the switch, you’ll get:Free installationSecond month of Ting service for freeA $75 gift card to the Downtown MallAdditionally, Ting will match your Substack subscription to support Town Crier Productions, the company that produces this newsletter and other community offerings. So, your $5 a month subscription yields $5 for TCP. Your $50 a year subscription yields $50 for TCP! The same goes for a $200 a year subscription! All goes to cover the costs of getting this newsletter out as often as possible. Learn more here! 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After today, there are only two more days in April. After today, there are 247 days left in 2022. But for now, it is still April 28 and this is the appropriate Charlottesville Community Engagement. After this installment, is it my hope that you will know slightly more than you did before. I cannot quantify precisely. I am Sean Tubbs, the host and producer.Charlottesville Community Engagement is a reader-supported publication. To receive new posts in your email, become a free subscriber. To keep them coming, become a paid one! On today’s program:The Jefferson Madison Regional Library is celebrating National Poetry Month today with a series of scrolls The General Assembly takes action on Governor Youngkin’s vetoes and recommendations More documents filed in the Goldman v. Brink case to force a 2022 House of Delegates electionThe Virginia Film Festival is taking submissions and Virginians get a breakCharlottesville City Council approves a rezoning for 170 units in the Fry’s Spring areaAn update on the elevators at Midway ManorFirst-shout is for the Saturday premiere of Raised/RazedIn today’s first subscriber-supported shout-out, Preservation Piedmont wants you to know about this Saturday’s premiere of Raised/Razed, a film by filmmaker Lorenzo Dickerson and Jordy Yager about the life and destruction of Vinegar Hill, one of the oldest African American neighborhoods in Charlottesville. The Maupintown Media production charts the lives of residents over nearly a century as they built prosperity in the face of racially discriminatory policies at every level. The film will be willl be shown outdoors at the Jefferson School African American Heritage Center at 8 p.m. Tickets are available on the center’s website with donations to be divided between seven Black-led organizations. Visit https://jeffschoolheritagecenter.org/ to learn more. General Assembly convenes for veto session Virginia legislators returned to Richmond yesterday to continue the 2022 regular session of the General Assembly by responding to vetoes and recommendations from Governor Glenn Youngkin. Before both the House of Delegates and Senate convened at noon, the House Democratic Caucus met and ousted minority leader Eileen Filler-Corn. Brandon Jarvis of the Virginia Political Newsletter reports a secret ballot motion to remove Filler-Corn passed with 25 votes. That’s the minimum required by caucus by-laws. There are 48 Democrats in the 100-member House of Delegates. Jarvis reports a motion to remove Delegate Charniele Herring failed. There was no vote for a new leader. In total, Youngkin had vetoed 26 bills and made recommended changes to 117 others. David Blount, legislative liaison for the Thomas Jefferson Planning District Commission, reports in his update to area officials that none of the vetoes were overridden. Blount reports that no action was taken on the state budget, but the chair of the Senate Finance and Appropriations Committee had an update. “We’re working to resolve our differences while also maintaining the Senate position as it relates to the importance of funding core services, especially in the areas of education and health and human services,” said Senator Janet Howell. For a full recap of the action on the vetoes and recommendations, check out the Virginia Mercury’s coverage.We’ll hear more from Howell in tomorrow’s installment of Charlottesville Community Engagement. Attorney General’s office files briefs in 2022 House race caseThe final round of briefs in a federal case to force a House of Delegates race this November may have been filed this week. Richmond Attorney Paul Goldman filed suit against the Board of Elections last year claiming the certification of winning candidates in the 2021 race was not valid because the districts are outdated because they are based on the 2010 Census.In March. the U.S. Fourth Circuit Court of Appeals sent the case back to the Eastern District of Virginia to answer the question of whether Goldman has the right to have filed the suit. In a new brief filed on Monday, Solicitor General Andrew Ferguson argues Goldman does not have standing. “Goldman’s brief is long on rhetoric but falls short on standing—the only question the Fourth Circuit authorized this Court to answer,” reads the motion. “He offers no explanation of how he has suffered the sort of particularized injury-in-fact that Article III requires for any plaintiff who wants to invoke federal jurisdiction.”The brief goes on to argue that the action by the Virginia Supreme Court to adopt new legislative boundaries in late December did nothing to invalidate the elections of 2021. “The Supreme Court merely drew the maps for the next election,” the motion continues. “The Commonwealth of Virginia’s conduct of the 2021 election did not violate the United States Constitution.”The brief also argues that a federal judicial order to hold a state election this year would be intrusive and would lead to “judicially created confusion.” The state also argues that oral argument on this question is not necessary.In response, Goldman filed a surrebuttal arguing that the state’s latest motion introduced new matters that he deserves to have the right to respond to. On Tuesday, Judge David Novak issued an order supporting Goldman’s request to consider a case called Avery v. Midland County as he reviews how to proceed with the case. JMRL celebrating Poem in Your Pocket DayIf you happen to be on the Charlottesville Downtown Mall today, you may have someone approach you with a small scroll. If so, take it, and rejoice that you have been handed an item of poetry. The Jefferson Madison Regional Library is once again celebrating Poem in Your Pocket Day at several locations throughout the area.“On this annual international day honoring the power of poetry to inspire and delight, children, teens and adults are invited to stop by any JMRL library branch to pick out a poem scroll tied with a bow,” reads the information release for the day. “Unwrap it, and possibilities unfold: read it to yourself, share it with someone close (or even a stranger), or just tuck it in your pocket for a rainy day.” The library system has teamed up with local businesses and other organizations for this occasion. Partners include: 2nd Act Books, Botanical Fare, Chaps, Mudhouse (Downtown), Splendora’s Gelato (Shops at Stonefield), UVA Medical Center, and Virginia Discovery Museum.There’s also a virtual program at 2 p.m. with “An Afternoon with Laura Shovan.” The poet and children’s author will discuss her work with Supervising Children’s Librarian Tasha Birckhead. Shovan is the author of The Last Fifth Grade of Emerson Elementary. Tonight at 7 p.m. there will a Poetry in the Park at Market Street Park next to the library. Everyone is to read their favorite poem at an open mic event. That goes through 8:30 p.m. Virginia Film Festival waiving fees for Virginia filmmakersThe Virginia Film Festival is six months away but time is running shorter to enter your submission. If you live within the Commonwealth or attend a school here, you can send in your work without having to pay a fee. “The VAFF showcases celebrated new narrative and documentary features, independent and international projects, fresh perspectives on timeless classics, and local filmmakers from throughout Virginia,” reads the submission webpage.For those outside Virginia, the Early Bird Deadline is June 6, 2022 and you can submit a feature for $30 or a short for $10. For reference, features are anything over 31 minutes. The regular deadline is June 27, 2022 and those fees go up to $50 and $25 respectively. Students from all over the world can submit their work, regardless of length, for $10. The 2022 Virginia Film Festival begins November 2 and runs through November 6. Second shout-out is for the Rivanna River Fest and an E-Bike demoIn today’s second Patreon-fueled shout-out, did you know we are now in the middle of the Rivanna River Fest? A host of partners including the Rivanna Conservation Alliance and the Nature Conservancy are holding a series of events this week to celebrate that waterway that helps define urban Albemarle and Charlottesville. This all culminates in the main event this Sunday, May 1, from 11 a.m. to 4 p.m. at the Rivanna River Company on the banks of the Rivanna. This includes the Rivanna River Paddle Race, the virtual Fix a Leak Family 5K, There will also be Water Quality Monitoring Demonstrations, City Nature Challenge, Pop-up Environmental Education Activities, and a Guided Bird Walk at Riverview Park. Learn more at rivannariver.org!In the same area on the same day, there will be an ebike demo day at Meade Park this Sunday, May 1, from 2:00-4:00. A pair of interested ebike owners in town will be bringing their bikes, and anybody who's interested can stop by, ask questions, and take test rides. They will have some ebikes with seats for children. If you’re going, drop them a line in this form. Council considering amendment of Friendship Court agreementThe current Charlottesville City Council had the chance this month to check in with the redevelopment of Friendship Court. The Piedmont Housing Alliance came before Council on April 18 with a request to amend an agreement that governs a $6 million forgivable loan granted in November 2020 for the first phase. The amendment is a technical one because the full amount had not been allocated by Council in a subsequent budget cycle. Brenda Kelley is the redevelopment manager for the city of Charlottesville, a position currently housed in the Office of Community Solutions. “This request is not asking for additional funding,” Kelley said. “This funding is already approved in this current budget.” Council had no issue with the amendment. “This was kind of staggered mostly because of COVID,” said City Councilor Sena Magill. “Friendship Court was really trying to help ease some of the potential future unknown burden that we might be facing with COVID.” The item will require a second reading and it will be on the consent agenda for the May 2 meeting. Construction of the first phase of Friendship Court is now underway. See also: Council approves agreement for Friendship Court funding, October 30, 2020 Council approves rezoning for 240 Stribling, new agreement to pay for sidewalksCharlottesville City Council has voted to rezone nearly 12 acres of land in the Fry’s Spring neighborhood in order for Southern Development to build 170 units. They also voted for the first time on a proposal that would tie a specific infrastructure project to increased revenues that will be generated by higher property taxes. “This is going to allow us to get infrastructure that we need in that part of the city that we would not have otherwise done,” said Councilor Brian Pinkston. Approval came at the April 18, 2022 meeting. Last year, the City Planning Commission recommended approval of the rezoning but only if Stribling Avenue would be upgraded as part of the development.Southern Development agreed to loan the city $2.9 million to pay for sidewalks and drainage on Stribling Avenue. Interim City Manager Michael C. Rogers recommended against the agreement as it was written at Council’s first reading on March 21. “We did have discussions with the developer, [Charlie] Armstrong, and we did come to agreement, a funding agreement,” Rogers said The amended agreement would keep the loan at $2.9 million. The idea has always been that Southern Development would be paid back through the tax revenue generated by higher assessments based on the new development. The initial agreement would have given Southern Development 100 percent of the new tax revenue, but that would have been against the city’s policy to allocate a percentage of new real estate tax funds towards education. “We negotiated that it would be 60 / 40 and 60 percent would go to repay the loan,” Rogers said. “And we agreed for that arrangement, it would be a longer financing agreement.” The city will also allocate $1.3 million funding in the Capital Improvement Program for the project as well to cover the costs and possible overruns. “And from discussions with the engineer, that should be enough to cover the project,” Rogers said. Armstrong said the $2.9 million will be available to the city shortly.“The agreement stipulates that we would have those funds available and drawable by the city before we can pull a land disturbing permit,” Armstrong said. City engineer Jack Dawson said he did not have a timeline when the roadway would be upgraded, but said planning work on Stribling would commence on July 1 if not before. “Which means finding a consultant, doing the planning, community outreach, all of the things that go into development of a project of this size,” Dawson said. Charlottesville Mayor Lloyd Snook was persuaded to proceed. “If the neighbors’ concern is that somehow the developer is going to withhold the construction of the community assets until everything else is done, that’s not going to be happening,” Snook said. Armstrong said he is hoping to be under construction within 12 to 18 months. The project will be constructed in 20 phases. Snook said the intersection of Stribling and Jefferson Park Avenue Extended also needs to be improved. “That’s the kind of thing it strikes me as a manageable problem and one that we can continue to work toward for solutions,” Snook said. “It doesn’t seem to me to be an insurmountable problem.” Deputy City Manager Sam Sanders said Council would get an update in the future on how Stribling would be maintained at a time when construction of both 240 Stribling and the upgrade to the street are underway.“We will bring back to you more details on how we will manage this project unlike maybe how we’ve done other projects in the past because this one is such a significantly complicated and somewhat controversial project,” Sanders said. Councilor Michael Payne said the city should be able to better analyze how much economic value a developer gets for lots that are rezoned. “So that we can understand our position vis-a-vis the developer in a situation like this when we are in a way going to be informally negotiating,” Payne said. “I will say I don’t think that we were perhaps were careful in our analysis in setting ourselves up for this.” Payne voted in favor of the rezoning and the agreement, which passed unanimously. Midway Manor Elevator updateFinally today, in Tuesday’s program, there was a section on Council’s approval of the Charlottesville Redevelopment and Housing Authority’s approval of $23 million in tax-exempt bonds to cover the costs of purchasing and renovating Midway Manor. Councilor Michael Payne had expressed concern about a faulty elevator. I checked in with Standard Communities and received this statement yesterday.“We continue to plan for a comprehensive renovation and upgrade of Midway Manor, which is expected to begin later this year in conjunction with the implementation of extended affordability protections for the property. Recognizing that the elevators were in need of more immediate attention, we have accelerated the modernization of both elevators at the property, with on-site work currently underway. In efforts to minimize disruption to residents, one elevator car is being worked on at a time, with the entire project expected to be complete within the next 8 weeks.” - Steven Kahn, Director, Standard CommunitiesTing will match your initial paid subscription to this newsletter!For one year now, Town Crier Productions has a promo with Ting! Are you interested in fast internet? Visit this site and enter your address to see if you can get service through Ting. If you decide to proceed to make the switch, you’ll get:Free installationSecond month of Ting service for freeA $75 gift card to the Downtown MallAdditionally, Ting will match your Substack subscription to support Town Crier Productions, the company that produces this newsletter and other community offerings. So, your $5 a month subscription yields $5 for TCP. Your $50 a year subscription yields $50 for TCP! The same goes for a $200 a year subscription! All goes to cover the costs of getting this newsletter out as often as possible. Learn more here! This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit communityengagement.substack.com/subscribe
Admittedly, it is quite difficult to get the hang of Thursdays, but many of us endeavor to try. April 14 is the 15th such day of the year, and this is the equivalent edition of Charlottesville Community Engagement. Both the sonic version and its the textual counterpart seek to bring you to up to date on things you may not yet have known. I’m your host, Sean Tubbs. On today’s program:A Charlottesville minister has become the Democrat’s de facto candidate in the race for the 5th District seat in the U.S. House of RepresentativesMore documents have been filed in a lawsuit seeking to force a House of Delegates race this year Trees have come down on Garrett Street to make way for the redevelopment of Friendship Court Nelson County Board of Supervisors are asked to allow a mobile home park in the rural area to help provide more affordable housing opportunitiesFirst shout-out goes to the Rivanna Solid Waste Authority for e-waste collection dayIn today’s first subscriber supported public service announcement, the Rivanna Solid Waste Authority wants you to know about Electronic Waste Collection Day coming up on April 23, 2022. Residents of both Albemarle County and Charlottesville have the opportunity to drop off old electronics from 9 a.m. to 3 p.m. at the Ivy Material Utilization Center. Permissible items include computers, printers, VCRs, stereos and televisions and people can dispose of up to ten items. Only two tube-style monitors or televisions per person! You must register in advance online where you will be give a time slot. Registration is limited to 110 people per hour. Visit rivanna.org for more information.Throneburg becomes Democrat’s default nominee for 5th DistrictOnly one candidate in Virginia’s 5th Congressional District has correctly filed the paperwork required to be on the ballot for the June 21, 2022 statewide primary. That means Democrat Josh Throneburg will face the winner of the May 21 Republican convention in the general election.Neither Warren McClellan nor Andy Parker turned in enough signatures to qualify for the ballot, as Throneburg announced on Twitter on Tuesday. “We just received word a couple of hours ago that I am officially a Democratic nominee for Congress in Virginia’s 5th District.” Throneburg is an ordained minister and small business owner who lives in Charlottesville. He grew up in a small town in Illinois. The candidate raised $270,154 in 2021, according to data collected by the Virginia Public Access Project. Candidates seeking to be in the June 21 primary had until April 7 to turn in ballots to their party for verification. To get on the primary ballot, a candidate needed 1,000 registered voters in the district to sign a petition. A source in the Virginia Democratic Party confirmed a Washington Post report that Parker turned in 1,093 ballots, but only 937 of them were verified as valid. Democrats in all eleven of Virginia’s Congressional districts chose to hold a primary, whereas Republican Committees in only seven chose that route. The other four will hold a convention, including the 5th District. The Republican convention will be held in the Kirby Field House at Hampden-Sydney College. Incumbent Bob Good faces Charlottesville attorney Dan Moy (convention details).As of the end of 2021, Good had raised $518,278 and Moy reported no funds. The next set of campaign reports to the Federal Election Commission are due tomorrow. In his announcement, Throneburg said he believes he can win.“We currently have a Freshman incumbent who is deeply out of touch with the people in this district,” Throneburg said. This will be the first election under the new boundaries of the Fifth District, for which Albemarle County is the northern boundary. New documents filed in Goldman suit to force 2022 House of Delegates electionThe current plan is for the new legislative districts for the Virginia General Assembly to go into effect with next year’s state races, but a lawsuit seeking a race this year is still alive in the federal court. Richmond attorney Paul Goldman sued the Department of Elections last year alleging the results of the 2021 House of Delegates should only be certified for one year because otherwise they would be unconstitutional. In March, the Fourth Circuit Court of Appeals sent Richmond attorney Paul Goldman’s suit back to the Eastern District of Virginia to determine whether he has the standing to bring the case. On March 25, Goldman submitted a detailed statement that documents his potential candidacy for the 68th House District in 2022 as well as a potential bid for Lieutenant Governor. Paragraph 22 points out that he now lives within the 78th District. (Notice of Additional Facts Relevant to Standing)“The old 68th District no longer exists as a legal entity recognized under the Constitution of Virginia as pointed out by Article II, Section 6 [of the Virginia Constitution],’” reads paragraph 27.“Accordingly, Plaintiff has no representative in the General Assembly that is constitutionally required to represent his interests or been constitutionally selected to be his said representative,” reads paragraph 28. The Virginia Supreme Court finalized new legislative maps on December 28. On April 1, the Virginia Attorney General’s office filed a motion to dismiss the case once again for lack of standing. Goldman has until April 18 to respond and the defendants have until April 25 to make their reply. Trees come down on Garrett Street to make way for Friendship Court’s first phaseCrews removed several decades-old White Oak trees on Garrett Street this morning as part of a Piedmont Housing Alliance project to redevelop Friendship Court. The trees were removed as part of the first phase of the development, which got underway with a groundbreaking in January. Phase one is being constructed on a former open field. Piedmont Housing CEO Sunshine Mathon said the trees’ removal ended up being necessary due to complex topography involving a waterway that travels below the site.“We were not 100 percent sure until meeting with City staff to finalize sidewalk replacement, utilities, etc. along Garrett,” Mathon wrote in an email to Charlottesville Community Engagement this morning. Mathon said the removal of the trees is an example of a trade-off related to the need for new buildings to be set back from the street. Accommodating the channeled Pollocks Branch reduced the amount of buildable area. “The residents and the rest of the design team were balancing building footprints, number of total units, housing typologies (multifamily + townhomes), a new Community Center and Early Learning Center, ample amounts of open green space (including existing and new tree cover), parking needs, and interconnection with future phases,” Mathon continued. Mathon said the remaining phases should not have similar constraints related to Pollocks Branch and that more of the mature tree canopy in those sections could be preserved. Phase one is expected to be completed by the end of 2023. Mathon also said the wood from the trees will be used to make furniture and other products in the future. Second shout-out goes to CBIC for the WeFunder Pitch nightIn today’s second subscriber supported shout-out, the Charlottesville Business Innovation Council wants you to know about a unique event coming up on April 19 that aims to provide investment opportunities for regular people. CBIC is teaming up with WeFunder for live equity based financing for local start-ups who need capital. Recent changes in regulations allow for the event, where people can invest directly in these companies in exchange for early equity. The event will take place at 4:30 p.m. April 19 at the Irving Theater in the CODE building. Nelson County Supervisors consider Ridgecrest Mobile Home ParkThe Nelson County Board of Supervisors heard from the public Tuesday on a proposal to build a mobile home park near the Ridgecrest Baptist Church on U.S. 29 north of Lovingston. Civil engineer Justin Shimp needed a special use permit for the project. Shimp said he was pursuing the project to help provide more housing that can be affordable to households with lower incomes. “Five years ago, I would not have thought about this and didn’t think it would be needed because of affordability, but such are the increases in cost that achieving housing for folks who don’t make $100,000 a year is very difficult,” Shimp said. Shimp said mobile home parks can be a good way to provide housing at a lower cost.“One can buy a new mobile home so as little as $60,000 to pay to set it up,” Shimp said. “You could then rent a mobile home pad for around $400 a month. That is a much different sort of price point for folks than typical housing stock.”Shimp said under his arrangement, the people who would live there would own a share of the common areas and could sell those shares in the future. “I think this park investor opportunity will be a way for people who historically haven’t been able to set anchor somewhere would be able to buy in and take ownership of that and it will be good for the community,” Shimp said. The Planning Commission voted 4-1 in March on the proposal but set 33 conditions for Supervisors to consider in their review. Several neighbors of the proposed park spoke at the public hearing. One person wanted to know what Nelson County’s standards are for mobile homes and how wastewater would be handled. “Has there or will there ever be done a study on the effects of 51 additional homes on the water source?” asked Larry Shelton. Another person was concerned about the entrance off of U.S. 29. “You have to be very careful with any kind of proposals about how you’re going to get the trailers in there, how is this going to happen, how this is going to affect the residents that are there,” said Tonya Bradley. Another person was concerned that allowing 51 units in the rural area was not acceptable under the Comprehensive Plan. The debate got heated as South District Craig Barton peppered Shimp with questions about the cost of housing. Barton said he was skeptical the trailer park would work. “Have you thought about ways to figure out how to get it so people who live in this country can be able to afford a house?” Barton asked. “What could be done as a builder to help you build a house that a person will know will increase in value in his lifetime?” Shimp said there was little that the Nelson County Board of Supervisors could do. The conversation broke down as West District Supervisosr J. David Parr tried to establish order. Barton said he did not think it was likely that the trailers would increase in value. “The problems of housing are real and we need to deal with those problems,” Barton said. “Whether or not a mobile home will help in solving this problem, I don’t know. I think probably not.” Shimp said there was ample water on the site, and that many of the neighbors would be on the other side of Muddy Creek, which would mean any wells would not affect their groundwater. There were only four Supervisors present when it was time to take a vote as North District Supervisor Tommy Harvey was not in attendance. “There are aspects of this project that I think are positive and admirable, but the density concerns me,” said Central District Supervisor Ernie Reed. Parr supported the project, as did East District Supervior Jesse Rutherford. He is chair of the Thomas Jefferson Planning District Commission and sits on the Regional Housing Partnership. “More often than not the struggle always comes down to how to make something affordable, Rutherford said. “Question always comes down to where is the appropriate place. I’ve found if you put it near an area that’s meant for high density, folks usually may not like it. And if you put it in the middle of nowhere folks might not like it and you’re going to get that perspective no matter which way you look at it.” Rutherford said the only way to attain affordability is through density. He said the Comprehensive Plan update needs to consider this as Nelson considers how to make housing attainable for more people. Given Harvey’s absence, Supervisors opted to continue the matter to the next meeting. That will give Shimp more time to respond to some of the questions asked. Watch the video:Support Town Crier Productions through Ting!Special announcement of a continuing promo with Ting! Are you interested in fast internet? Visit this site and enter your address to see if you can get service through Ting. If you decide to proceed to make the switch, you’ll get:Free installationSecond month of Ting service for freeA $75 gift card to the Downtown MallAdditionally, Ting will match your Substack subscription to support Town Crier Productions, the company that produces this newsletter and other community offerings. So, your $5 a month subscription yields $5 for TCP. Your $50 a year subscription yields $50 for TCP! The same goes for a $200 a year subscription! All goes to cover the costs of getting this newsletter out as often as possible. Learn more here! This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit communityengagement.substack.com/subscribe
Is today the day where we drive out the snakes, or is the the one where one can be pinched for a lack of verdant clothing? Perhaps neither is true, and it’s simply March 17, St. Patrick’s Day, and good wishes for whatever that means for you. It is true this is Charlottesville Community Engagement and I’m fairly certain I’m Sean Tubbs, the producer and host of this and all of the other editions of the show. On today’s program:UVA President Jim Ryan speaks to business leaders in the final segment of our look at the Chamber of Commerce’s State of the Community Forum Charlottesville City Council holds its first budget work session and agrees to advertise a half-percentage point increase in the meals tax rateAlbemarle County gets a new planning director who will come here from another Virginia locality A federal appeals court sends a lawsuit seeking a 2022 House of Delegates election back to a lower court First shout-out goes to the Rivanna Conservation AllianceIn today’s first Patreon-fueled shout-out, the Rivanna Conservation Alliance wants wildlife and nature photographers to enter their first-ever photography contest! They want high-resolution photos related to the Rivanna watershed and the winning entries will be displayed at the 2022 Riverfest Celebration on May 1. The two categories are 16 and under, and those over the age of 17. You can send in two entries, and the work may be used to supplement Rivanna Conservation Alliance publications. For more information, visit rivannariver.org.Fourth Circuit Court of Appeals sends 2022 House election case back to lower courtA federal appeals court has sent a Richmond attorney’s lawsuit seeking a House of Delegates race in 2022 back to a lower court so that the question of his legal ability to bring the suit can be answered. “Upon careful consideration of the submissions of the parties and the oral argument conducted on March 8, 2022, we are satisfied to remand this case back to the district court for it to determine – in the first instance – whether [Paul] Goldman possesses Article III standing to sue,” reads the unpublished opinion issued by the Fourth Circuit Court on Tuesday. Goldman told ABC8 News that he believes there will still be time for the issue to be sorted in time for a legislative race to be held this year. See also:Fourth Circuit hears arguments in case challenging Virginia House of Delegates election, March 8, 2022, Courthouse NewsFederal appeals court hears oral arguments in suit to force 2022 election, March 9, 2022, Information Charlottesville Federal appeals court sends Virginia election calendar lawsuit back to lower court, ABC8 News, March 15, 2022New Albemarle Planning Director starts work in AprilA planning official from the Shenandoah Valley of Virginia will be the next planning director in Albemarle County. Candace Perkins has recently served as assistant director of planning and development in Frederick County to the northwest of Albemarle. “The Director of Planning is a key leadership role within the Community Development Department, serving as the liaison to the Planning Commission and providing management and leadership for our Planning Division, which manages Albemarle County's Comprehensive Planning program and coordinates the development review process in cooperation with the Zoning and Engineering divisions,” reads a press release for the announcement. The previous occupant of the position has moved up to be Deputy Director of the Community Development Department. Charles Rapp has only been with Albemarle County since March 9. 2020. His boss, Jodie Filardo, has only been in Albemarle since September 9, 2019. Previous occupants of all three jobs had been with the county for decades before retirement. According to the release, Perkins has over twenty years in local government. She’ll begin work as the department continues its work on the first phase of the Comprehensive Plan review. Perkins’ first day is April 11, 2022. UVA President Ryan addresses Chamber of Commerce at State of the CommunityIt has now been a month since the Charlottesville Regional Chamber of Commerce held its first ever State of the Community to allow officials from Albemarle County and Charlottesville to present themselves to members of the business community. Ryan attended UVA’s School of Law and served on its faculty in 1998. He returned to Charlottesville as UVA President in 2018 after serving as Dean of the Harvard Graduate School of Education. “Since he returned to returned to UVA in 2018 to serve as President, Jim has continued to emphasize the important of educational opportunity, especially for underrepresented students and first generation college students,” said Collette Sheehy, the senior vice president for operations and state government relations. Sheehy said one of Ryan’s central goals is to strengthen the relationship between the University, Albemarle and Charlottesville. He appeared at the Irving Theater in the CODE building via Zoom. “The relationship between UVA, Charlottesville, and Albemarle County is incredibly important, and although strong I thought there areas for improvement,” Ryan said. “And part of this is about being a University that is Great and Good and I think part of being a great university is taking seriously the obligations of an anchor institution in our community.”Let’s take stock of some population numbers. In the fall of 1991, the University of Virginia had an on-Grounds student enrollment of around 18,000, a figure that includes both graduate and undergraduate students. Thirty years later, the total on-Grounds enrollment increased to over 26,000. (UVA enrollment statistics)In 1990, the U.S. Census Bureau counted 68,040 people in Albemarle and 40,341 in Charlottesville. Albemarle’s population has increased to 112,935 as measured in the 2020 Census, and Charlottesville’s official count increased to 46,553 that year. The Weldon Cooper Center at UVA believes that last figure is higher due to an undercount of college towns. Their 2021 estimate puts Charlottesville at 51,079. So that’s the total size of the community. When he got here, Ryan put together a working group of community leaders, staff, faculty, and students. He asked them to report back on what the biggest issues are facing the community. “One, jobs and wages,” Ryan said. “The second is affordable housing. Third is access to public health. And fourth, youth education.”Since then, UVA raised its minimum wage to $15 an hour, including a requirement for contractors to do so. That working group became the President’s Council on UVA Community Partnerships. The pandemic put much of the process on hold but the working groups are back. There’s a recent report from the Pipelines and Pathways group which is intended to make jobs at UVA more accessible to people in the community. There’s a Local Economy group seeking ways to improve connections with area businesses. “Some of it is just about making that local businesses know about the opportunities to engage in business with UVA so that’s looking at everything from how we select vendors to how we advertise what we’re looking for and what requirements we have,” Ryan said. “But some of it is just making sure that local businesses understand the process and understand that we are very much interested in working with them.”UVA has also pledged to build between a thousand and 1,500 affordable housing units over the next decade on properties owned by the University or the University of Virginia Foundation. Three sites have been selected and they are the North Fork Discovery Park in Albemarle County, property on Wertland Street in Charlottesville, and the Piedmont housing site off of Fontaine Avenue. “We have an obligation to contribute but it’s also in the interest of UVA just as its in the interest of Charlottesville and Albemarle County,” Ryan said. “If you want to attract and retain a talented workforce, you need to make sure that there are places where people can live affordably.”Under this arrangement, UVA will supply the plan and a private developer will build the housing. Ryan said he would also like to see second-year students living on Grounds and there are plans to proceed, but it will take more construction.“Right now we have housing for upper-class students but we don’t have enough housing to house all of the second years,” Ryan said. UVA’s economic impactIn 2016, University hired a firm to review its economic impact on Virgina and found that there had been $5.9 billion generated by activities across the Commonwealth and 51,653 jobs. President Ryan said it had been some time since that report but the numbers are believed to be holding up. (read the report)“Visitors coming to UVA and students spend nearly $200 million annually and that in turn supports roughly 2,000 jobs locally,” Ryan said. “It’s not an insignificant contribution to the local economy. It’s obviously not the only thing and we’re not the only game in town but we are a pretty big economic actor in town.” The answer to this next question is worth hearing in full. City Councilor Michael Payne has argued that the University of Virginia should directly pay the city of Charlottesville a form of taxes. Here he is at a budget work session in early February before Interim City Manager Michael C. Rogers introduced his budget. “It’s longer term but it seems like a discussion we should engage the University on,” Payne said. “I know that’s something that the University of Michigan, Yale, Harvard, and many other institutions have done.”Here’s the question:“Will UVA consider payment in lieu of taxes to the city or the county?” Sheehy asked. “We’ll consider it,” Ryan said. “This came up just the other day. I think there are likely restrictions on our ability to do this because we are a state agency. So there are all sorts of restrictions on what we can with state funds. Because we are a state agency, when we receive money from Richmond it’s money that they are delegating to us and whether we can turn around and delegate that or allocate that to a locality seems unlikely to me.” Another change made during the Ryan administration has been the elimination of a public body known as the Planning and Coordination Council in favor of a closed-door body called the Land Use and Environmental Planning Committee. That group next meets on Friday. (agenda)Watch the entire State of the Community event on the Charlottesville Regional Chamber of Commerce’s website. Second shout-out goes to an event happening at MorvenIn today’s second subscriber supported shout-out, the Morven Summer Institute at Morven Farm wants you to know about a seminar coming up on March 29. How are UVA students, faculty, and community partners collaborating to tell the stories of Morven? Researcher Scot French has spent over ten years studying Morven’s history and will provide glimpses into a course he’ll be teaching this summer on Recovering the Stories of Morven’s Enslaved and Descendant Communities. The March 29 event is a chance for the public to get a preview of the four week course. The presentation will be available for viewing online, but there are some in-person positions! If you’re interested, visit morven.virginia.edu to fill out an interest form. Council holds first work session on FY23 budgetThere are a lot of numbers involved in this next story so grab a pencil or open up a spreadsheet to follow along. There’s less than a month left before the Charlottesville City Council will adopt a budget for FY2023 and four days away before the first public hearing. The five elected officials began their detailed review of the budget. “We’re presenting a balanced budget of $216,171,432,” said interim City Manager Michael C. Rogers. “This represents a 12.46 percent increase over 2022.”Resources for this story:Presentation from the March 10, 2022 Council work sessionInterim City Manager Rogers’ proposed FY23 budgetTechnically, Rogers’ budget does include the ten cent increase in the property tax rate that Council agreed to advertise, but does not indicate how it should be spent. “In this budget we have presented unallocated those revenues so there is flexibility for you to decide how much of an increase will be required based upon your programmatic decisions,” Rogers said. That means the expenditures in the budget as introduced by Rogers are built on the current rate of 95 cents per $100 of assessed value. But Council’s review was built on the assumption that the rate will be increased to $1.05 per $100. Budget staff estimate that would bring in $97,770,160, an increase of $17,492,718 over the revised budget for the current fiscal year. That would be due to both the proposed tax increase as well as an increase of over ten percent in property assessments. Krisy Hamilll, the senior budget management analyst, told Council that staff already believes tax collections in the current year will be $3 million over what was expected. The surplus for FY22 would be as much as $5 million higher because the tax increase is for the calendar year, not the fiscal year. And that’s not the only potential for revenues to come in higher than budgeted. “We continue to see increases and improvements in sales taxes and meals and lodging along those same lines,” Hammill said. “And it’s very likely as we continue through the month of March, we will have another month of those projects and we probably will be coming back to you with some amendments for the FY23 budget as well.”Hammill said the additional money that would come from the tax increase have been left unallocated because there are still many scenarios for funding the construction costs to renovate Buford Middle School as part of an overall school reconfiguration. “There is still question about the construction and the funding options for that project,” Hammill said. “Additionally we know that the construction dollars themselves are not needed until [fiscal year] 2024.”As you heard in the last segment, Councilor Michael Payne has called on the city to require the University of Virginia to pay a Payment in Lieu of Taxes, or PILOT. Currently Charlottesville utilities pay such a charge, budgeted at $6.27 million in FY23. These are included in city utility bills.“It’s a payment as if the utilities were a private utility provider within the city,” said finance director Chris Cullinan. “It emulates the tax burden that they if they were a private corporation what they would owe the city. It’s an expense of the utilities, included in the utility rates, and it’s remitted to the city each year from the water, sewer, and natural gas utilities.” Now, onto expenditures. There is an across the board eight percent increase in salaries for city employees, building off of a two percent cost of living increase that went into effect on July 1, 2021 as well as an additional six percent increase granted to Council in late December that was paid for the surplus from fiscal year 2021. There’s another 3 percent cost of living adjustment scheduled for July 1, 2022. That’s a total of $5.2 million for salary increases for city employees. There are also seven new proposed employees, including a Freedom of Information Act coordinator for the city attorney’s officer, a new transportation planner, and a new building inspector. The budget also reflects changes to tax relief programs. “We’ve added nearly a million dollars in new funding for the tax, rent, and grant relief,” Hammill said. “We will be merging all the tax relief programs into one program. We will also be increasing the income threshold from $55,000 to $60,000.”If the tax rate increase goes forward at the full rate of ten cents, Hammill said there will need to be an additional $500,000 spend on the program to cover the costs. How to pay for a $75 million renovation of Buford Middle School? The biggest question about that tax increase relates to the funding of $75 million for school reconfiguration. The current draft budget recommends $2.5 million toward the project in FY23 and $72.5 million in FY24. Hammill said there are funding sources the School Board are suggesting.“They also have additional [American Rescue Plan Act] federal dollars that they have offered up as a potential use to buy down some of the school-related projects in the [Capital Improvement Program] and that totals to about $7.5 million.”That would leave Council needing to identify $65 million in revenue. A bill to allow Charlottesville to hold a referendum on a school-related one percent increase in the sales failed to make it out of a divided General Assembly. See also: House Subcommittee kills schools sales-tax bills, Information Charlottesville, February 25, 2022“We’re sort of at a crossroads about next steps,” Hammill said. “I know that we started with a $50 million project, we got up to a $75 million project. I know there have been multiple construction options that have been presented with varying dollar amounts and additional questions. And so we need to figure out what next steps are so we can get to a decision factor for that amount.”Charlottesville currently pays about $11.6 million in debt service on existing bonds for existing projects, according to Rogers. “We’ve looked at including the $75 million and bonding that, and that would have the effect of increasing debt service to $22 million [annually] over the course of the project,” Rogers said. The Council last year agreed to reallocate $18.25 million that had been allocated to the first two phases of West Main Street to the school reconfiguration project as well as $5 million from the parking garage. “And those were already built into our projections so that’s how we got from $50 million to $75 million,” Hammill said. “We still have the issue of how we’re going to pay for $50 million.” Councilors weigh in Councilor Brian Pinkston said he would like to see scenarios based on rate increases lower than ten cents. “My initial sort of assessment of the city as I have been getting to know it is that it still feels like its underfunded operationally and in terms of capital projects, based off what people in the community have made clear what they want,” Pinkston said. “Now, obviously it’s one thing to say we need these things and it’s another to fund it.”Pinkston said a reduced scope for the reconfiguration could be found, such as delaying construction of an auditorium at Buford. He thought the project should be reduced to at least $65 million, including the school system’s ARPA money. In his day job, Pinkston is a project manager for facilities at the University of Virginia. Vice Mayor Juandiego Wage said he wanted the City Council to be able to pay as much toward the project as possible, and that the School Board’s option should be the one that moves forward. Wade spent 16 years on the School Board before becoming a Councilor.“Brian has a unique insight because its his day job but I think we leave it to the School Board to determine which alternative to use,” Wade said. City Councilor Sena Magill said she was personally lobbying for more funds at the federal level to avoid bonding the project which would mean local taxpayers would pay for most of the tab. “I’ve actually got appointments with people in D.C. next week to talk about how to try to get Build Back Better money for this project,” Magill said. “I am using every single connection I can build, find, or not burn to find money for this project.”The Build Back Better Act is an infrastructure spending bill that passed the U.S House of Representatives on a 220 to 213 vote, but is not likely to pass the Senate. Councilor Michael Payne said he was struggling with the numbers and the message from city budget staff that the debt service for the school would mean no new capital projects for several years. “Our draft budget, where it is, if you’re talking about a ten cent real estate tax increase and freezing our budget for several years, taking all politics aside, is that good public policy?” Payne asked. “To me it seems like it is just not.” Payne said the city needs to be able to have the flexibility to further increase wages, fund firefighter positions that are currently covered by a federal grant, funding for further subsidized housing to be built by the Piedmont Housing Alliance project, and more. Payne also suggested continuing to pursue a PILOT with the University of Virginia, implementing a plastic bag tax, and lobbying the General Assembly again for the sales tax referendum Mayor Lloyd Snook suggested for this year leaving some tax rates the same. “Why don’t we simply leave personal property tax rates where they are,” Snook said. “Let’s leave real estate estate taxes where they are, leave personal property tax rates where they are. I as a general proposition am not a fan of trying to change the tax rate based on whether the underlying values have gone up or down by a commensurate amount.” Snook also suggested increasing the meals tax by an additional half of a percentage point. “Those two sources would give us $3 million, roughly,” Snook said. Pinkston agreed with leaving the personal property tax rate the same, as well as the half-percent increase on the meals tax. This paragraph was amended on March 19, 2022 to clarify Wade’s position on the meals taxPayne said he would be open to both. Wade said he would support keeping the personal property tax rate the same, but was flexible on changing the meals tax. Commissioner of Revenue Todd Divers said leaving the rate at $4.20 of assessed value would likely yield $2 million this year in additional revenue due to the sharp increase in the value of used vehicles. “I can tell you some of these bills are going to curl people’s hair and so you need to be ready for that,” Divers said. Council directed staff to advertise the half-percent increase in the meals tax. Snook said he wants to hear from the public about how to proceed. “Get that advertisement in and get the public hearing on it held and let’s hear from the public and let them weigh in,” Snook said. “If they’ve got thoughts that they would rather see their personal property tax go up rather than real estate taxes. Obviously some of these are issues that they’ve elected to deal with.” Councilor Magill made clear she wants property owners to pay more this year in order to build up the capacity to pay for debt service. “I am interested in raising our [real estate] property tax one or two cents this year,” Magill said. Pinkston was in agreement. “My sort of sense is two cents this year, two cents next and sort of spread it out,” Pinkston said. The next work session is tonight and will be on funding for outside agencies. There will be another work session on the Capital Improvement Program on March 31. There is a public hearing on the real property tax rate on March 21 followed by one on April 4 on the meals tax increase and the budget. What do you think? Do you know someone or a group that needs to know this information? Please send it on! This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit communityengagement.substack.com/subscribe
“We have to get out of this notion that revenge is going to heal us in any way.” Mercedes Montagnes grew up wanting to be an actress. Instead, she found herself taking the LSATs on a whim and, eventually, becoming a lawyer. As the Executive Director of The Promise of Justice Initiative, Mercedes and her litigation team are challenging racist laws and practices in prisons in Louisiana, which has the highest incarceration rate in the world. In our conversation, we explore what meaningful healing looks like (including for survivors), her continuing fight for justice for those convicted by the Jim Crow era practice of nonunanimougs juries, prison plantation labor, Covid—and, of course, change. “There is hope,” she told me. “It's hard,” but change is possible. Mercedes Montagnes is the Executive Director of The Promise of Justice Initiative. Mercedes jumped into her legal career feet first by litigating prison conditions throughout Louisiana. Her first impact litigation case challenged the alarming heat conditions on Death Row at the Louisiana State Penitentiary, otherwise known as Angola. Today, her litigation team is tackling a myriad of issues ranging from medical care to over detention. In addition to leading the litigation team, Mercedes oversees the projects at PJI. In the last year, this has included exposing corruption and violence in law enforcement in Jefferson Davis Parish, building the Jim Crow Juries Project on behalf of people incarcerated from non-unanimous juries, establishing and building Louisiana Survivors for Reform—a group of justice minded survivors, and coordinating litigation and policy responses to COVID-19 for those in prisons and jails throughout the state. Mercedes' work is rooted in the belief that our criminal court system must be reformed in order to keep our communities, both inside and outside prison, safe. She is a graduate of Harvard Law School and clerked for Judge Carl Barbier in the Eastern District of Louisiana and Chief Judge Roger Gregory on the Fourth Circuit Court of Appeals. Connect with Promise of Justice Initiative: Website: https://promiseofjustice.org Instagram: @justicespromise Twitter: @justicespromise Facebook: @promiseofjustice --- Send in a voice message: https://anchor.fm/ashley-asti/message
Last September on BreakPoint, we told you about the constitutional challenge to a World War I memorial in Bladensburg, Maryland, known as the “Peace Cross.” The Cross was erected on private land in 1925 by the American Legion. It was to be a memorial to 49 men from that area who died in the Great War. Their names are listed on the plaque at the base of the monument. In 1961, the state assumed control of the land, and therefore responsibility for the memorial's maintenance. For more than fifty years, no one protested the Cross's presence on public land or the state paying for its maintenance. But in 2014, the American Humanist Association challenged the constitutionality of the Peace Cross in federal court. They lost the initial case in Federal District Court, but they prevailed at the Fourth Circuit Court of Appeals. In October, the Supreme Court agreed to hear the case, and this past Wednesday heard the oral arguments. There was a lot at stake. If the American Humanist Association prevails, the implications would reach far beyond this memorial in Maryland to any and all memorials on public land everywhere in the country. Any of them with anything resembling a cross or religious symbol of any kind would be fair game. The justices, or at least most of them, seemed aware of the stakes and a bit skeptical that after all this time the Peace Cross suddenly presented an immediate threat to our republic. Still, some of the justices' comments were less than a ringing endorsement of the place of religion in the public square. Most notably Justice Elena Kagan, who as Solicitor General defended the presence of a cross in the Mojave National Monument, emphasized the historical context. At the time of its erection in 1925, she pointed out, crosses were common in war memorials and were not intended to convey a specific religious message. As she put it, “All the words on the memorial are words about military valor and so forth. So why in a case like that can we not say essentially the religious content has been stripped of this monument?” For Kagan, crosses were “the preeminent symbol for how to memorialize the war dead at that time.” In a somewhat ironic twist, it was the lawyer for the American Humanist Association who then insisted that “a large Latin cross can't be stripped of its religious meaning. I don't think it needs special words to . . . announce that this is . . . a religious symbol,” he said. We should be sincerely grateful that, as The New York Times and the Washington Post both agreed, a solid majority of the justices seem to be for allowing the Peace Cross to remain on this public land. If the case were to go the other way, we could be looking at a scenario raised by Justice Breyer: wholesale demolition of suspiciously-religious historical monuments across the country, possibly starting with Arlington Cemetery across the Potomac and its hundreds of thousands of crosses. But the argument, like the case itself, underscores the allergy to religion that permeates Establishment Clause jurisprudence, especially from the left. To paraphrase the Apostle Paul, apparently the only kind of godliness that's “acceptable” these days is one that denies the power thereof. So religious symbols must be, as Justice Kagan put it, “stripped” of “their religious content” if it's to pass constitutional muster. That would mean that the image of Moses found on the walls of the Supreme Court, must be nothing more than equivalent to the images of Augustus, Hammurabi, John Marshall, and Napoleon — a grouping that would surprise many rabbis, not to mention Moses himself. So I pray that the New York Times and the Washington Post are correct in their reading of the justice. But we shouldn't break out into our best end-zone celebrations just yet. Even a victory in this case could still leave the public square a little more naked. http://www.breakpoint.org/2019/03/breakpoint-the-peace-cross-and-the-supreme-court/ Resources Supreme Court seems to seek narrow way to uphold cross that memorializes war dead Robert Barnes | Washington Post | February 27, 2019 Supreme Court appears inclined to let 40-foot ‘Peace Cross' stand on public land Bill Mears | Fox News | February 27, 2019 First Liberty website