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Column: Another thing that makes Ketanji Brown Jackson’s nomination special

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Column: Another thing that makes Ketanji Brown Jackson’s nomination special

Through the years, many former prosecutors have turn out to be justices of the U.S. Supreme Courtroom. Earl Warren, as an illustration, served as Alameda County’s district lawyer and California’s lawyer common. Sonia Sotomayor labored on the Manhattan district lawyer’s workplace. Samuel A. Alito Jr. labored for the U.S. lawyer in New Jersey.

But when she is confirmed, Ketanji Brown Jackson could be the one justice within the Supreme Courtroom’s fashionable historical past to have served as a public defender.

That will not sound like an enormous deal in comparison with her different declare to fame: being the primary Black girl nominated to the court docket.

Nevertheless it issues. Not like her potential colleagues Alito and Sotomayor, Jackson’s job was to not prosecute accused criminals and ship them to jail; it was to defend them, at authorities expense, after they couldn’t afford attorneys themselves. That’s a wholly totally different expertise.

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Nicholas Goldberg

Nicholas Goldberg served 11 years as editor of the editorial web page and is a former editor of the Op-Ed web page and Sunday Opinion part.

In a traditional nation in regular occasions, the U.S. senators contemplating her nomination would see that on her resume, thank her for her public service, reward her dedication to the poor and to the regulation, and notice the worth of variety of expertise on the federal bench. However as a substitute, Republicans on the Senate Judiciary Committee usually tend to deal with her few years within the public defender’s workplace in Washington as a mark towards her and to trace unfairly that if she defended criminals for a dwelling, she should, by necessity, approve of their crimes.

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Why do I feel they’ll do this? As a result of that’s what they did final yr when she was nominated to be a federal appeals court docket decide.

In the course of the affirmation course of final April, Jackson was requested a sequence of skeptical questions by Sens. Ben Sasse (R-Neb.), Thom Tillis (R-N.C.), Tom Cotton (R-Ark.) and others. Why precisely had she chosen to turn out to be a federal public defender? Was she not involved that her work would lead to extra violent criminals being put again on the streets? Was it true she had represented terrorists at Guantanamo Bay? Did she take into account resigning from her place reasonably than achieve this?

Oh, the sanctimony! All Jackson had finished was signify her purchasers as required by her authorities job, which, for the document, she held for under a few years ending 15 years in the past. But the Republicans couldn’t shut up on the topic.

Jackson responded straightforwardly. She mentioned she had turn out to be a public defender to assist folks in want and to advertise the “core constitutional worth” that authorities could not throw folks in jail with out first proving the prison expenses towards them.

“Each one that is accused of prison conduct by the federal government, no matter wealth and regardless of the character of the accusations, is entitled to the help of counsel,” she mentioned.

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The idea that protection attorneys needs to be judged by the purchasers they signify is just not unusual, however it’s harmful and wrongheaded, particularly when utilized to a public defender.

Certain, public defenders signify accused murderers, drug sellers, terrorists and others the remainder of us would really like nothing to do with.

However that’s their job. That’s the promise of the U.S. Structure. The American authorized system relies upon for its legitimacy on the precept that prison defendants, who’re deemed harmless till confirmed in any other case, will obtain a good, sturdy protection.

With out attorneys representing the accused, trials wouldn’t be trials in any respect however open-and-shut tribunals wherein a mere accusation could be equal to conviction. {That a} younger lawyer like Jackson would step ahead to defend unpopular purchasers at a federal public defender’s workplace reasonably than rush into profitable non-public follow is to her credit score.

We want extra such folks on the bench, in any respect ranges. They’re “urgently wanted,” as Sen. Cory Booker (D-N.J.) put it. “I feel it’s noble work,” he added.

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In the meanwhile there are three former prosecutors on the nine-member Supreme Courtroom. In contrast, the final justice who had any background in prison protection in any respect was Thurgood Marshall, who was appointed to the court docket greater than 50 years in the past.

In accordance with the Alliance for Justice, earlier than Joe Biden took workplace, solely three of the 166 judges sitting on the federal courts of appeals had spent nearly all of their careers as attorneys working as state or federal public defenders.

After all, not all former prosecutors are tough-on-crime conservatives, and never all protection attorneys or public defenders are liberal softies. However a decide’s life expertise is related to how she or he views the world and thinks in regards to the regulation.

The Supreme Courtroom and different federal courts hear circumstances frequently in regards to the constitutional rights of prison defendants and the position and powers of prosecutors. They take into account things like the prosecution’s obligation to show over exculpatory proof to the protection, what constitutes an unreasonable search, whether or not a lawyer supplied sufficient counsel and what’s the modern-day which means of “merciless and strange punishment” or “due strategy of regulation.”

“There’s a direct line from my defender expertise to what I do on the bench, and I feel it’s useful,” Jackson mentioned in 2021. She didn’t say (and I doubt it’s the case) that it made her a bleeding-heart pushover for defendants. However she mentioned the expertise taught her, when she subsequently turned a trial court docket decide, to talk on to defendants, use their names and clarify to them what was occurring, the sentence she was imposing and why.

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It appears like working with defendants humanized them for her.

The Biden administration, to its credit score, has been consciously searching for judicial nominees whose authorized expertise has been, as White Home Counsel Dana Remus put it, “traditionally underrepresented on the federal bench, together with those that are public defenders, civil rights and authorized support attorneys.”

If the Republicans might cease that, I’ve little question they might. Let’s hope they’ll’t.

@Nick_Goldberg

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Black Californians warn Newsom of 'direct impact' on Harris after Democrats kill slave reparation bills

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Black Californians warn Newsom of 'direct impact' on Harris after Democrats kill slave reparation bills

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Black activists at the California assembly threatened a “direct impact” on Vice President Harris’ presidential campaign after state Democratic lawmakers held off on two bills that would have greenlighted slavery reparations. 

Last week, the California legislature approved proposals allowing for the return of land or compensation to families whose property was unjustly seized by the government, and issuing a formal apology for laws and practices that have harmed Black people. But none of those bills would provide widespread direct payments to African Americans. After hours of heated debate and protests on Saturday, state lawmakers left out two bills – Senate Bills 1403 and 1331 – that would have created a fund and an agency to oversee reparation measures. 

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“The speaker needs to bring the bills up now, now, now. These are their bills. They have their names on the bills. They’re killing their own bills because they’re scared of the governor,” one Black man, a member of the Coalition for a Just and Equitable California, said in the rotunda on the last day of the legislative year on Saturday. “Now listen, they’re gonna see this, and they’re gonna get mad at us. They killing their own bills, and then they’re gonna get mad at us. They’re killing their own bills because they’re scared of the governor. We don’t care. Bring the G– d— bills up now, now, now.” 

“We need to send a message to the governor,” a Black woman who is part of the same group chimed in, according to video shared on X. “The governor needs to understand the world is watching California and this is gonna have a direct impact on your friend Kamala Harris who is running for president. This is going to have a direct impact, so pull up the bills now, vote on them and sign them. We’ve been waiting for over 400 years.”

“We have the votes,” the man added.

CALIFORNIA REPUBLICAN LAWMAKER REACTS TO ‘CRAZY’ BILL THAT WOULD GIVE UNDOCUMENTED FIRST-TIME HOMEBUYERS MONEY

Assemblymember Isaac Bryan, right, talks to members of Coalition for a Just and Equitable California about two reparations bills in the rotunda on the last day of the legislative year Saturday, Aug. 31, 2024, in Sacramento, Calif.  (AP Photo/Tran Nguyen)

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State Sen. Steven Bradford, who authored the measures, said the bills failed to move forward out of fear that Democratic California Gov. Gavin Newsom would veto them.

“We’re at the finish line, and we, as the Black Caucus, owe it to the descendants of chattel slavery, to Black Californians and Black Americans, to move this legislation forward,” Bradford said, urging his colleagues to reconsider Saturday afternoon, according to the Associated Press. 

“We owe it to our ancestors,” Bradford added, according to the Sacramento Bee. “And I think we disappointed them in a way.”

California Legislative Black Caucus Chair Assemblymember Lori Wilson said Saturday that the Black Caucus pulled the bills, adding the proposals need more work.

“We knew from the very beginning that it was an uphill battle…. And we also knew from the very beginning that it would be a multiyear effort,” Wilson told reporters.

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Black activists demand California lawmakers take up reparations bills

Members of Coalition for a Just and Equitable California protest in the rotunda on the last day of the legislative year Saturday, Aug. 31, 2024, in Sacramento, Calif.  (AP Photo/Tran Nguyen)

Newsom has not weighed in on most of the bills, but he signed a $297.9 billion budget in June that included up to $12 million for reparations legislation. However, the budget did not specify what proposals the money would be used for, and his administration has signaled its opposition to some of them. Newsom has until Sept. 30 to decide whether to sign the bills that passed.

SAN FRANCISCO TO BEGIN ‘EQUITY AUDIT’ OF CONTROVERSIAL STATUES: CONCENTRATION OF ‘WHITE SUPREMACY’

Democratic Assemblymember Reggie Jones-Sawyer, who is Black, called his bill to issue a formal apology for discrimination “a labor of love.” His uncle was part of a group of Black students who in the 1950s were escorted by federal troops past an angry white mob into Central High School in Little Rock, Arkansas, three years after the U.S. Supreme Court ruled that school segregation was unconstitutional. The students became known as the “Little Rock Nine.”

Black reparations activists at California legislature

Members of Coalition for a Just and Equitable California demand lawmakers take up a vote on two reparations bill in the rotunda on the last day of the legislative year Saturday, Aug. 31, 2024, in Sacramento, Calif. (AP Photo/Tran Nguyen)

“I think my grandmother, my grandfather, would be extremely proud for what we are going to do today,” Jones-Sawyer said ahead of the vote on the legislation that was passed. “Because that is why they struggled in 1957, so that I’d be able to — and we’d be able to — move forward our people.”

Newsom approved a law in 2020 creating a first-in-the-nation task force to study reparations proposals. New York and Illinois have since followed suit with similar legislation. The California group released a final report last year with more than 100 recommendations for lawmakers.

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Newsom signed a law earlier this summer requiring school districts that receive state funding for a career education program to collect data on the performance of participating students by race and gender. The legislation, part of a reparations package backed by the California Legislative Black Caucus, aims to help address gaps in student outcomes.   

The Associated Press contributed to this report.

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Opinion: Should a five-time loser with grand juries be president?

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Opinion: Should a five-time loser with grand juries be president?

By now, two months before the presidential election, we voters ought to have seen a verdict in the federal criminal case against the three-time Republican nominee accused of conspiring to overturn the result of the previous contest. (That’s a sentence I never thought I’d write.)

But there is no verdict against defendant Donald Trump, U.S. history’s biggest sore loser, thanks to the Supreme Court. Its right-wing super-majority — half of whom were selected by Trump, and two of whom should have recused themselves — dallied for half the year before issuing a surreal ruling in July granting the former president, and all future presidents, broad immunity from criminal liability for official acts, even for purportedly official acts intended to dynamite democracy’s foundation: free and fair elections.

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Jackie Calmes

Jackie Calmes brings a critical eye to the national political scene. She has decades of experience covering the White House and Congress.

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So much for no person being above the law.

Thanks to special counsel Jack Smith, however, voters at least have a revised indictment against Trump in the Jan. 6 case. On Tuesday a new grand jury charged him with the same four conspiracy and obstruction crimes alleged in last year’s indictment, stripped of supporting material that might run afoul of the Supreme Court’s new tests for what is or isn’t an official act.

It’s far too late for a trial, and hence a verdict, before Nov. 5. And Trump’s team almost certainly will argue all the way back to the high court that Smith’s “superseding indictment” violates the justices’ immunity ruling.

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Yet if nothing else, the retooled indictment is a useful refresher for those who’ve forgotten about, or become inured to, Trump’s antidemocratic outrages, the ones that made him the first American president to resist the peaceful transfer of power.

And more than that, the charges are a reminder about just why Trump wants to be president again: to avoid criminal liability and possibly prison. If reelected, he could thwart the rule of law, not uphold it as the oath of office demands. Trump could — would — make the Jan. 6 case go away, along with the separate federal charges against him for keeping classified documents. While he’s at it, he has promised to pardon hundreds of charged and convicted Jan. 6 insurrectionists, whom he grossly calls government “hostages.” He could also pardon himself, of course, for his alleged federal crimes (but not state charges).

After the grand jury action last week, former Justice Department official and MSNBC legal analyst Andrew Weissmann helpfully tweeted, “For those counting, FIVE separate grand juries (scores of citizens) have now found probable cause that Trump committed multiple felonies.”

Yes, for all of Trump’s daily lies that he’s being railroaded by “the Biden-Harris Regime” and its “weaponized” Justice Department, the facts are that many average Americans have heard evidence and decided against Trump. They’ve done so not only in those five grand juries, but also in several state trial juries that found him liable for sexual abuse and defamation, and guilty of 34 counts of falsifying business records to hide hush money payments to a porn star from voters before the 2016 election.

With that last judgment, Trump achieved another contemptible first: No other president has been convicted of felonies. Sentencing in the hush money case, in New York, was delayed until Sept. 18, thanks to the confusion spawned by the Supreme Court’s immunity decision, and Trump has asked for a further delay — past election day, natch. Judge Juan M. Merchan should proceed with the sentencing. Sure, Trump would cry foul. But all we’ve seen to date is excessive legal deference toward the lawless former president, his incessant whining about witch hunts notwithstanding.

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Which brings us back to Smith’s overhauled Jan. 6 indictment, and its welcome reminder of Trump’s unprecedented power grab. The 36 pages are a maddening must-read for undecided voters, a ticktock of his falsehoods and scheming from the 2020 election through the violence of Jan. 6, 2021. Yet nearly four years later, instead of being held responsible, Trump is a candidate for reelection.

Smith strained to steer clear of Trump’s supposedly official acts, in keeping with the Supreme Court’s warped ruling. Out, for example, are accounts of his vile efforts to force Justice Department aides to lie about election fraud, as a pretext for lawsuits; they were his executive branch employees. But campaign advisors should be fair game for the prosecutors, and the indictment still recounts Trump’s refusals to accept their assertions and proof that he’d lost, that there was no fraud. Trump instead kept his aides spreading lies — “conspiracy s— beamed down from the mothership,” one wrote in an email cited in the indictment — and working on illegal slates of alternative state electors.

The document retains some details of Trump’s belittling pressure on Vice President Mike Pence. “You’re too honest,” the liar in chief once erupted, exasperated that Pence wouldn’t agree to throw out the electoral votes of pro-Biden battleground states during Congress’ Jan. 6 certification. And it includes Trump’s private and public haranguing of state officials to do his illegal bidding; they’re not feds, and presidents have no official role in states’ vote-counting.

Alas, for now all we have, still, are the charges, no trial and no verdict. But that fact defines the stakes for the 2024 election: A vote for Trump is a vote against his accountability. It’s really that simple.

@jackiekcalmes

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Gold Star families slam Kamala Harris for 'playing politics' over Trump's visit to Arlington National Cemetery

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Gold Star families slam Kamala Harris for 'playing politics' over Trump's visit to Arlington National Cemetery

Vice President Kamala Harris was recently excoriated by Gold Star family members who accused the Democratic presidential candidate of politicizing an incident at Arlington National Cemetery on Monday.

The messages were posted on former President Trump’s Instagram account. Eight videos, each featuring different parents of service members killed by ISIS-K terrorists amid the U.S. withdrawal from Afghanistan on Aug. 26, 2021, were published in total.

The videos were released in the wake of a statement published by Harris on Saturday, where the vice president criticized Trump for taking photographs at a wreath-laying ceremony event on Monday. The Army said this week that an Arlington National Cemetery official was “abruptly pushed aside” while interacting with Trump’s staff. 

“As Vice President, I have had the privilege of visiting Arlington National Cemetery several times,” Harris said. “It is not a place for politics. And yet, as was reported this week, Donald Trump’s team chose to film a video there, resulting in an altercation with cemetery staff.”

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Kamala Harris was called out by Gold Star families over a statement she released about Trump on Saturday. (Getty Images)

“Let me be clear: the former president disrespected sacred ground, all for the sake of a political stunt,” she claimed, before adding that she would “never politicize” such an event.

The Gold Star family members maintained that they had asked Trump for photographs, as opposed to Trump taking pictures to advance his campaign. In one video, the father of Marine Lance Cpl. Jared Schmitz called Harris’ post “heinous, vile and disgusting.”

“Why did we want Trump there? It wasn’t to help his political campaign,” Mark Schmitz said in the video. “We wanted a leader. That explains why you and Joe didn’t get a call.”

Darren Hoover, the father of Marine Staff Sgt. Taylor Hoover, said that Harris lacks “empathy and basic understanding” about Monday’s event, and stressed that Trump’s appearance was respectful.

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HARRIS SLAMS TRUMP OVER ARLINGTON NATIONAL CEMETERY ALTERCATION, PROMPTING FIERY RESPONSE FROM JD VANCE

Trump Harris split image

Vice President Kamala Harris slammed former President Donald Trump over last week’s incident at Arlington National Cemetery. (Getty Images)

“In keeping with the reverence and respect that is given to all members of our military that are buried there, we invited President Trump,” he said. “We are the ones that asked for the video and the pictures to be taken at the tomb of the Unknown Soldier.”

Hoover also added that Trump has “been there for us from the very beginning,” and criticized Harris for “playing politics” over the incident.

“You should be ashamed and embarrassed [about] your lack of empathy and decency as a human being,” the father added. “You are only in this for the power and prestige. You don’t care for our military or the citizens of this country.

Trump at Arizona rally

Republican presidential nominee former President Donald Trump speaks at a campaign rally at the Desert Diamond Arena, Friday, Aug. 23, 2024, in Glendale, Ariz.  (AP Photo/Evan Vucci)

 

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“You should hang your head in shame at your actions or lack thereof.”

Fox News Digital reached out to the Harris campaign for comment.

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