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Who should receive reparations in California for slavery? Answers raise more questions

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Antoinette Harrell has spent practically three a long time of her life verifying instances of slavery within the South earlier than and after emancipation.

She visits grave websites, interviews grandparents, explores dusty attics, digs via information and follows all leads she will be able to discover to trace down the household histories that many had been stripped of greater than a century in the past when their ancestors had been break up up and enslaved.

And she or he has recommendation for California’s Reparations Job Power because it prepares to reply the pivotal query of who ought to obtain reparations for slavery.

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State legislation directs the group to prioritize those that hint their lineage to African Individuals enslaved in america. Public consideration has additionally centered on whether or not all Black folks deserve some type of restitution for the lingering results of slavery in a society that continues to discriminate based mostly on pores and skin coloration at this time.

However Harrell, a genealogist and historian, mentioned eligibility based mostly on lineage could also be troublesome and expensive for some to show. Names modified. Households had been damaged aside and trafficked throughout state traces. And particulars died with prior generations.

“The very first thing that many ladies did, and males as effectively, once they turned free is that they walked round for miles and miles looking for their youngsters, looking for their wives, looking for their household, their mom, their father,” mentioned Harrell, who’s certainly one of practically a dozen professional witnesses who will testify earlier than the duty power Tuesday. “Generations later, that search nonetheless continues at this time.”

In its effort to find out who ought to obtain reparations, members of the nine-person panel have discovered that each potential conclusion raises much more questions.

Secretary of State Shirley Weber, who authored the laws that Gov. Gavin Newsom signed into legislation in 2020 to ascertain the duty power, emphasised in January that offering reparations is “a difficulty of descendancy and lineage” and mentioned these with ancestral ties to African Individuals who had been enslaved in america ought to be prioritized.

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Harrell mentioned basing reparations on lineage raises the questions of what ought to qualify as proof in California and whether or not the state ought to present funding for the prices of tracing ancestry. And, if no proof exists, ought to those that consider they’re descendants be excluded from reparations?

“I might not say they need to be capable to show as a result of not everyone goes to have the ability to show,” Harrell mentioned. “Data have been destroyed. Courthouses have been burned. Names have modified three or 4 occasions.”

The questions underscore the complexity of California’s quest to change into the primary state within the nation to approve statewide reparations for slavery.

The nine-member job power appointed by Newsom and legislative leaders — which contains elected officers, civil rights leaders, attorneys and reparations consultants — was charged with a mission “to check and develop reparation proposals for African Individuals, with a particular consideration for African Individuals who’re descendants of individuals enslaved in america.”

It is going to problem two experiences to the Legislature. The primary is anticipated to be printed June 1 and embody findings to assist the existence of state-sanctioned racism rooted in slavery from earlier than and after emancipation to the current day.

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The second report, due in July of subsequent yr, is anticipated to advocate treatments, together with an apology, eligibility necessities for proposed reparations and an outline of find out how to educate the general public on their work. These suggestions should be handed in a brand new legislation accepted by the state Legislature and the governor to take impact.

Although the legislation ends the committee’s work after the second report is filed, Assemblymember Reggie Jones-Sawyer (D-Los Angeles) launched a invoice that might preserve the duty power collectively for an additional yr into mid-2024.

“We’d like to have the ability to have that flexibility,” mentioned Jones-Sawyer, who sits on the duty power. “I believe it could be dangerous if all of us disbanded after which folks begin asking questions after we make our conclusions and we’re nonetheless not there to have the ability to speak about that.”

Jones-Sawyer and others mentioned they share Weber’s philosophy that descendants of those that had been enslaved in america ought to be prioritized for reparations in California however famous that among the treatments should lengthen past lineage.

“We ought to be involved about each Black particular person in America,” he mentioned. “And to not be crude, however I’ll be trustworthy with you: When a white racist shoots and kills a Black particular person within the again as a result of they’re Black, they don’t care if you happen to got here in from a slave ship or a cruise ship. They don’t care if you happen to’re an immigrant. They don’t care if you happen to’re from the Caribbean. They don’t care if you happen to’re blended. They’re simply seeing you as Black.”

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Over the past 10 months the duty power has heard testimony from consultants about how federal, state and company insurance policies led to continued discrimination in opposition to Black folks once they tried to purchase a home, lease an residence, search healthcare providers, apply for insurance coverage, qualify for loans, entry public transportation, attend college and in lots of different points of life lengthy after slavery was made unlawful.

In doing so, the group is laying the groundwork to make the case that some treatments ought to have an effect on all Black folks, mentioned Lisa Holder, a civil rights lawyer, activist and scholar on the duty power.

“All of us agree that based mostly on the way in which that the laws was written, based mostly on basic ideas of the motion, we do suppose it’s necessary to provide precedence to descendants of people that had been enslaved in america,” Holder mentioned. “However as a result of the exploitation and discrimination continued after the enslavement period, we even have to think about the descendants of all individuals who skilled that persevering with exploitation after slavery.”

Jones-Sawyer mentioned an enormous precedence for the duty power should be to attempt to get rid of limitations to success for Black folks to start a technique of stopping racism on this nation.

“We’ve obtained to know all Black individuals are harmed,” Jones-Sawyer mentioned. “We have to give you one thing that makes certain that future Black folks aren’t persevering with to be harmed.”

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Erwin Chemerinsky, dean of UC Berkeley College of Legislation, warned the duty power final month that race-based reparations may face authorized challenges.

“In america, beneath present constitutional legislation, and in California beneath Proposition 209, legal guidelines that give a desire on the premise of race are both inherently suspect, or maybe per se unlawful, and due to this fact the query is: How can reparations be structured in a means that might get via judicial assessment?” he advised the duty power.

Voters accepted Proposition 209 in 1996 to ban authorities companies and establishments from giving preferential remedy to folks on the premise of race or gender. In 2020, Weber unsuccessfully pushed a statewide poll measure to repeal the legislation, which she and others argue has deepened inequities in schooling and authorities contracting alternatives.

However Chemerinsky additionally mentioned state legislation solely applies to authorities contracting, employment and schooling. Holder has inspired the duty power to deal with housing, land reparations, mechanisms for bettering healthcare and giving folks tax credit and tax abatements that don’t implicate Proposition 209.

Just like Harrell, she’s additionally involved that not all descendants will be capable to show their ancestry.

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“I believe it’s terribly troublesome to hint your lineage in america again to an enslaved particular person as a result of it was deliberately made troublesome to take action by the ability construction as a result of Africans who had been stolen from Africa had been handled as chattel, handled like cows and horses and pigs,” Holder mentioned.

To assist African Individuals qualify for reparations designed particularly for descendants of those that had been enslaved, Harrell recommends that California cowl the price of proving that lineage, reminiscent of funding public information requests and journey, and associate with nonprofits that hint family tree as a type of reparation.

“To restore family tree is part of debt repairing,” Harrell mentioned. “There’s no sum of money that we will placed on what it takes to restore. I wish to know who I’m. That was a birthright that was taken away from me.”

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Trump leads Biden in battleground state that hasn't voted Republican since 2004: AARP poll

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Trump leads Biden in battleground state that hasn't voted Republican since 2004: AARP poll

Former President Trump maintains his lead in a key battleground state in the 2024 presidential election, according to a new poll.

A survey published Tuesday by the AARP finds Trump with a 3-percentage point lead over President Biden in Nevada. Trump is favored by 48% of likely Silver State voters compared to 45% who said they would vote for Biden if the election were held today. 

That narrow lead extends to a more comfortable 7 points if independent candidate Robert F. Kennedy, Jr. is included. Kennedy has not yet qualified for the Nevada ballot and state Democrats have filed a lawsuit that challenges his eligibility.

Trump’s lead is more pronounced among voters over 50, who said they prefer the presumptive Republican nominee to Biden, a Democrat, by double digits (53%-41%). The silver lining for Biden is that he maintains a lead among Hispanic voters in that age demographic, 51% to Trump’s 41%, according to the AARP poll.

NEVADA DEMOCRATS SUE TO KEEP RFK JR., GREEN PARTY OFF NOVEMBER BALLOT

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Former President Trump and President Biden (Anna Moneymaker/Getty Images)

“We have a huge Hispanic population, so that vote will matter,” said Maria Moore, AARP Nevada state director. Hispanics make up 22% of the eligible voter population in Nevada, according to a 2022 Pew Research Center analysis cited in the AARP’s news release. 

Nevada is one of several closely watched states that could very well determine who holds the White House next year. The battleground state has not gone for a Republican presidential candidate since 2004, when President George W. Bush ran for re-election. But Biden only won the state narrowly in 2020, with 50.06% of the vote to Trump’s 47.67% vote share. 

A Fox News poll released earlier this month found Biden trailed Trump by a 5-point margin. 

Republicans are optimistic they can flip the state after current GOP Gov. Joe Lombardo unseated Democratic incumbent Gov. Steve Sisolak in the 2022 election.

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Lombardo recently argued that Nevada voters are dissatisfied with Biden’s handling of the economy in a New York Times guest essay.

NEVADA GOVERNOR TELLS BIDEN HE’S IN DANGER OF LOSING CRITICAL STATE OVER HIGH PRICES: ‘JUST DOESN’T GET IT’

Donald Trump

Former President Trump points during a campaign rally at Sunset Park in Las Vegas on June 9, 2024. (Jim Watson/AFP via Getty Images)

“If recent polling on Democratic candidates in Nevada is any indication, and I think it is, Mr. Biden has a big problem to overcome, because after three and a half years, Nevadans are losing confidence in him to do something meaningful about inflation and housing and are left with the feeling that he just doesn’t get it,” he wrote. 

The AARP survey found only 40% of voters age 50-plus mostly approve of Biden’s job performance, while 59% disapprove. Reflecting on Trump’s first term in office, 56% of voters over 50 approve of what he did as president, while 43% disapprove. 

The survey also asked about Nevada’s U.S. Senate race, in which Sen. Jacky Rosen, D-Nev., seeks re-election against Republican challenger Sam Brown, a wounded combat veteran. The poll found Rosen leading Brown among voters of all ages 47% to 42%, bolstered by Hispanic support for Rosen.

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“It’s the margin among Hispanic and Latino voters that’s putting Rosen in the lead,” pollster Bob Ward said. 

TRUMP RILES UP FIERY SWING STATE CROWD IN FIRST RALLY SINCE NEW YORK CONVICTION

Nevada Governor and President Biden side by side

Nevada Gov. Joe Lombardo, left, wrote an op-ed in the New York Times arguing the economy was driving Nevadans to support Trump over President Biden. (Getty Images)

The top-ranking issues for Nevada voters were the economy, rising food prices, immigration and border security, according to the AARP survey. 

Impact Research pollster Jeff Liszt suggested split-ticket voters will be the deciding factor in the upcoming election.

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“When you look at the older voters, 43% are straight-ticket Republican and 35% are straight-ticket Democrat, but 23% are splitting their tickets,” Liszt told AARP. “[That’s] an indicator that there are more voters up for grabs right now than there may have been in recent elections.”

Republican pollster Fabrizio Ward partnered with Democratic firm Impact Research to conduct the survey, which included 1,368 likely voters interviewed between June 12 and 18. The poll’s margin of error is 4%.

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Supreme Court wipes out anti-corruption law that bars officials from taking gifts for past favors

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Supreme Court wipes out anti-corruption law that bars officials from taking gifts for past favors

The Supreme Court on Wednesday struck down part of a federal anti-corruption law that makes it a crime for state and local officials to take gifts valued at more than $5,000 from a donor who had previously been awarded lucrative contracts or other government benefits thanks to the efforts of the official.

By a 6-3 vote, the justices overturned the conviction of a former Indiana mayor who asked for and took a $13,000 payment from the owners of a local truck dealership after he helped them win $1.1 million in city contracts for the purchase of garbage trucks.

In ruling for the former mayor, the justices drew a distinction between bribery, which requires proof of an illegal deal, and a gratuity that can be a gift or a reward for a past favor. They said the officials may be charged and prosecuted for bribery, but not for simply taking money for past favors if there was no proof of an illicit deal.

“The question in this case is whether [the federal law] also makes it a crime for state and local officials to accept gratuities — for example, gift cards, lunches, plaques, books, framed photos or the like — that may be given as a token of appreciation after the official act. The answer is no,” said Justice Brett M. Kavanaugh, writing for the majority.

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Despite his reference to token gifts such as lunches and framed photos, the federal law was triggered only by payments of more than $5,000.

But the court’s conservative majority said the law in question was a “bribery statute, not a gratuities law.” Kavanaugh said federal law “leaves it to state and local governments to regulate gratuities to state and local officials.”

Justices Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson dissented.

“Officials who use their public positions for private gain threaten the integrity of our most important institutions,” Jackson wrote in dissent. The law as written “poses no genuine threat to common gift giving” but it “clearly covers the kind of corrupt (albeit perhaps non-quid pro quo) payment [the mayor] solicited after steering the city contracts to the dealership.”

The ruling could have a broad impact. About 20 million local and state officials are covered by the federal anti-corruption law, including officials at hospitals and universities that receive federal funds.

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Justice Department lawyers told the court that for nearly 40 years, the anti-bribery law has been understood to prohibit payments to officials that “rewarded” them for having steered contracts to the donors.

The Supreme Court justices have faced heavy criticism recently for accepting undisclosed gifts from wealthy patrons. Justice Clarence Thomas regularly took lavish vacations and private jet flights that were paid for by Texas billionaire Harlan Crow. Justice Samuel A. Alito Jr. took a fishing trip to Alaska in 2008 aboard a private plane owned by Paul Singer, a hedge fund billionaire.

The high court has long held that criminal laws restricting “illegal gratuities” to federal officials require proof that the gifts were given for a specific “official act,” not just because of the official’s position.

The Indiana mayor was charged and convicted of taking the $13,000 payment because of his role in helping his patrons win city contracts.

Congress in 1986 extended the federal bribery law to cover officials of state or local agencies that receive federal funds. The measure made it a crime to “corruptly solicit or demand … or accept … anything of value of $5,000 or more … intending to be influenced or rewarded in connection with any business or transaction.”

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Prosecutors said James Snyder was heavily in debt and behind in paying his taxes when he became mayor of Portage, Ind., in 2012. The city needed new garbage trucks, and the mayor took over the required public bidding. He spoke regularly with two brothers who owned a local truck dealership that also had financial problems, and he designed the bidding process so that only their two new trucks would meet all of its standards. He also arranged to have the city buy an older truck that was on their lot.

Two weeks after the contracts were final, the mayor went to see the two brothers and told them of his financial troubles. They agreed to write him a check for $13,000 for undefined consulting services.

An FBI investigation led to Snyder’s indictment, his conviction and a 21-month prison sentence.

The former mayor argued that an after-the-fact gift should not be a crime, but he lost before a federal judge and the U.S. appeals court in Chicago.

The high court agreed to hear his appeal in Snyder vs. U.S. because appeals courts in Boston and New Orleans had limited the law to bribery only and not gratuities that were paid later.

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In recent years, the Supreme Court has repeatedly limited the scope of public corruption laws and often in unanimous rulings. The common theme is that the justices concluded the prosecutions went beyond the law.

Last year, the court was unanimous in overturning the corruption convictions of two New York men who were former aides or donors to then-Gov. Andrew Cuomo, a Democrat. The court noted that one of the defendants convicted of taking illicit payments did not work for the state during that time.

Four years ago, the justices were unanimous in overturning the convictions of two aides to then-New Jersey Gov. Chris Christie, a Republican, who were charged with conspiring to shut down lanes to the George Washington Bridge into New York City. The court said they were wrongly convicted of fraud because they had not sought money or property, which is a key element of a fraud charge.

In 2016, the court overturned the corruption conviction of former Virginia Gov. Bob McDonnell, a Republican. While the governor took $175,000 in gifts from a business promoter, he took no official actions to benefit the donor, the court said.

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Video: Julian Assange Walks Free After Guilty Plea

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Video: Julian Assange Walks Free After Guilty Plea

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Julian Assange Walks Free After Guilty Plea

After more than a decade of legal battles, the founder of Wikileaks left a courthouse in Saipan and boarded a plane home for Australia.

How does it feel to be a free man, Mr. Assange? Finally, after 14 years of legal battles, Julian Assange can go home a free man. This also brings to an end a case which has been recognized as the greatest threat to the First Amendment in the 21st century.

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