January, 30 2012, 01:55pm EDT
Public Citizen Moves to Dismiss County's Lawsuit Against Occupy Chattanooga
First-of-Its-Kind Suit Seeks to Force Individuals to Pay County’s Costs for Seeking Judicial Validation of Its Own Law
WASHINGTON
A county government cannot sue its citizens to get a court ruling that its own law is constitutional and force the individuals to pay the county's litigation costs, Public Citizen told a federal court today on behalf of Occupy Chattanooga and a group of individual defendants.
Earlier this month, Hamilton County sued Occupy Chattanooga and several alleged demonstrators, not all of whom are affiliated with the group, seeking a declaration that the county's new anti-demonstration ordinance is valid. Represented by Public Citizen and Chattanooga attorney David C. Veazey, the defendants today moved to dismiss the case, arguing that it violates constitutional limits on the authority of the federal courts and would force individuals with no stake in the outcome of the case to pay the county's costs and legal fees.
Although Occupy movements in various cities have initiated court battles over the extent of their rights, this lawsuit appears to be the first of its kind against Occupy demonstrators.
"By suing demonstrators for a ruling on its own law and seeking to recover fees and costs, the county is trying to impose a monetary penalty on a group of innocent people for their political activity - or, in the case of the defendants who are not associated with the Occupy movement, for other people's political activity," said attorney Scott Michelman of Public Citizen. "Allowing this case to proceed would set a dangerous precedent for local governments using the threat of court costs to chill political speech."
The Occupy Wall Street movement, which began in September, has brought the issues of income inequality and excessive corporate power to the forefront of the national political conversation and has inspired demonstrations in cities across the U.S. and around the world. In sympathy with Occupy Wall Street, a group of demonstrators organized Occupy Chattanooga in the fall and have gathered, and at times remained overnight, on the grounds of the Hamilton County Courthouse. On Jan. 4, the Hamilton County Commission enacted an ordinance restricting expressive activities like those of the Occupy demonstrators, and on Jan. 10, the county filed a lawsuit seeking a declaration that its ordinance is valid. The named defendants are Occupy Chattanooga and nine individuals alleged to be associated with the group.
"The County Commission has never expressed an interest in working with the Occupy movement. However, the demonstrators have been peaceful and fully cooperative with law enforcement in all their activities, so there is no dispute for the court to resolve," Veazey said. "Sheriff deputies and demonstrators have continued to work together, despite this court action, to ensure that Occupy Chattanooga can express its message in a manner that poses no risk to public safety or the operations of the government."
The case, Hamilton County v. Alexander, is pending before the United States District Court for the Eastern District of Tennessee. A copy of defendants' motion to dismiss is available here.
Public Citizen is a nonprofit consumer advocacy organization that champions the public interest in the halls of power. We defend democracy, resist corporate power and work to ensure that government works for the people - not for big corporations. Founded in 1971, we now have 500,000 members and supporters throughout the country.
(202) 588-1000LATEST NEWS
Listen Live: US Supreme Court Hears Outrageous Argument That Trump Is Above the Law
"The American people deserve a Supreme Court that does not hesitate to declare that no one is above the law, including a former president," said one campaigner.
Apr 25, 2024
After months of delay, the U.S. Supreme Court on Thursday will hear oral arguments in a closely watched case on whether former President Donald Trump should be immune from criminal charges stemming from his efforts to overturn his 2020 election loss—an argument that legal experts say is both absurd and dangerous.
Listen live to the oral arguments, which are set to begin at 10:00 am ET:
Thursday's proceedings mark the high court's final argument of its current term, and pro-democracy campaigners are calling on the justices to quickly reject the former president's sweeping immunity claim so he can face trial on federal election subversion charges before his November rematch with President Joe Biden.
As Bloomberg's Greg Stohr noted earlier this week, Thursday's oral arguments give "Special Counsel Jack Smith only a narrow window to put the former president in front of a Washington jury before voters go to the polls on November 5."
"With the trial on hold until the high court rules," Stohr added, "Smith needs a clear-cut victory, and he needs it quickly."
Sean Eldridge, founder and president of the progressive advocacy group Stand Up America, said in a statement Thursday that "the Supreme Court's right-wing majority has already handed Trump a temporary victory by stalling this case for months, allowing him to delay accountability for his criminal attempts to cling to power."
"With so much at stake for our democracy, the Supreme Court should rule swiftly and decisively in this case," said Eldridge. "Accountability delayed could mean accountability denied."
Keep ReadingShow Less
Grand Jury Indicts Top Trump Aides, 11 Arizona Republicans Over 'Fake Electors' Scheme
Had it succeeded, said the state's attorney general, the scheme would have "deprived Arizona's voters of their right to have their votes counted for their chosen president."
Apr 25, 2024
A grand jury in Arizona on Wednesday charged seven aides to Donald Trump and nearly a dozen Republican officials over a "fake electors" scheme in the state that aimed to keep the former president in power after his 2020 loss to President Joe Biden.
Trump, who is currently facing nearly 90 charges across four criminal cases as he runs for another White House term, was described as "unindicted co-conspirator 1" in the 58-page indictment, which was announced by Arizona Attorney General Kris Mayes.
"The people of Arizona elected President Biden," Mayes, a Democrat, said Wednesday. "Unwilling to accept this fact, the defendants charged by the state grand jury allegedly schemed to prevent the lawful transfer of the presidency. Whatever their reasoning was, the plot to violate the law must be answered for."
The indictment names former Arizona Republican Party Chair Kelli Ward, sitting state Republican Sens. Jake Hoffman and Anthony Kern, former U.S. Senate candidate Jim Lamon, and seven others as the "fake electors" who sought to declare Trump the rightful winner of the state's presidential contest.
The names of other individuals indicted by the state grand jury are redacted, but the document's descriptions make clear that former White House Chief of Staff Mark Meadows, former Trump attorney Rudy Giuliani, and top Trump legal strategist Boris Epshteyn are among those facing felony charges—including fraud, forgery, and conspiracy.
"In Arizona, defendants, unindicted coconspirators, and others pressured the three groups of election officials responsible for certifying election results to encourage them to change the election results," the document reads. "Discussions about using the Republican electors to change the outcome of the election began as early as November 4, 2020. Those plans evolved during November based on memos drafted by [an attorney for the Trump campaign, Kenneth Chesebro]."
Mayes said Wednesday that had the fake elector scheme succeeded, it would have "deprived Arizona's voters of their right to have their votes counted for their chosen president."
"It effectively would have made their right to vote meaningless," said Mayes.
A state grand jury, made up of everyday, regular Arizonans, has handed down felony indictments in the ongoing investigation into the fake elector scheme in Arizona. pic.twitter.com/Nu8GcD4ZqJ
— AZ Attorney General Kris Mayes (@AZAGMayes) April 24, 2024
Alex Gulotta, state director of All Voting Is Local Action Arizona, said Wednesday that "the indictment of the eleven fake electors is one of the first steps required in holding these election deniers accountable for their alleged attempts to take power away from voters by disrupting our free and fair elections."
"Arizonans deserve to trust the election officials responsible for administering our elections and preserving our democracy," said Gulotta, "and this is a positive step forward as we continue to strengthen the foundations of our democracy and restore faith in our elections."
The Arizona Republicreported Wednesday that "several of the Arizona electors have previously claimed they were merely offering Congress a backup plan, though nothing in the documents they sent to Congress and the National Archives backs up that assertion."
"The indictment includes several statements the false electors made on social media that contradict those claims," the newspaper observed.
Jenny Guzman, director of Common Cause's Arizona program, said the indictment "marks the start of a new chapter for the fake elector scheme that has plagued Arizona."
"Arizonans are still dealing with the fallout from the false electors and the Big Lie about the 2020 elections," said Guzman. "We are relieved that the investigation by Attorney General Mayes has concluded and Arizonans can now know that what comes next is accountability. These efforts by these fake electors to undermine the will of Arizona’s voters have had implications far beyond their failed attempt to overthrow the 2020 election."
"This indictment can reassure all Arizonans that if anyone, regardless of their political affiliation, attempts to undermine their vote, consequences will follow," Guzman added.
Keep ReadingShow Less
Watchdog Urges FEC to Investigate Trump Campaign Over Scheme for Legal Fees
"By not disclosing the vendors that actually provided legal services, the Trump-affiliated committees effectively blocked the public from knowing which attorneys and firms are being paid—and how much."
Apr 24, 2024
A campaign finance watchdog on Wednesday filed a Federal Election Commission complaint accusing former President Donald Trump's 2024 campaign, affiliated political groups, and an accounting firm of violating U.S. law in a scheme "seemingly designed to obscure the true recipients of a noteworthy portion of Trump's legal bills."
The Washington, D.C.-based Campaign Legal Center (CLC) said that "evidence appears to show an illegal arrangement between several Trump-affiliated committees and a compliance firm named Red Curve Solutions that is designed to obscure the identities of those providing legal services and how much they are being paid."
"Voters have a right to know how the presidential campaigns and other committees supporting presidential candidates spend their money."
CLC alleges that the Trump campaign, Trump's political action committee (PAC) Save America, and three affiliated organizations "violated federal reporting requirements based on a scheme in which the committees reportedly paid over $7.2 million—described as 'reimbursement for legal' costs or expenses"—to Red Curve.
The watchdog also said that Red Curve appears to be "making or facilitating illegal contributions that violate either federal contribution limits or the prohibition on corporate contributions."
According to CLC:
Red Curve is a domestic limited liability company that offers compliance and FEC reporting services but does not appear to offer any legal services. It is managed by Bradley Crate, who also serves as the treasurer for each of the five Trump-affiliated committees concerned in this complaint, as well as over 200 other federal committees.
According to filings with the FEC, Red Curve appears to have been fronting legal costs for Trump since at least December 2022, with Trump-affiliated committees repaying the company later. This arrangement appears to violate FEC rules that require campaigns to disclose not only the entity being reimbursed (here, Red Curve) but also the underlying vendor. By not disclosing the vendors that actually provided legal services, the Trump-affiliated committees effectively blocked the public from knowing which attorneys and firms are being paid—and how much they are being paid—through this arrangement.
"Voters have a right to know how the presidential campaigns and other committees supporting presidential candidates spend their money," CLC senior director of campaign finance Erin Chlopak said in a statement. "When campaigns and committees obscure that information from the public, not only do they make it difficult to determine if the law has been violated, but they deny voters the ability to make an informed choice when casting a ballot."
"The steps taken by the Trump campaign, its affiliated committees, and Red Curve Solutions concealed information about how campaign funds were used to pay former President Trump's legal expenditures, including the amounts and ultimate recipients of these expenditures—and the FEC must investigate immediately," Chlopak added.
Trump—who is the presumptive 2024 GOP presidential nominee—faces 91 federal and state felony charges related to his role in the January 6 insurrection and his organization's business practices. He is currently on trial in New York for allegedly falsifying business records related to hush money payments to cover up sex scandals during the 2016 election cycle. The twice-impeached former president has been open about his use of campaign donations to pay his legal costs.
The new CLC filing comes a day after the watchdog filed separate FEC complaints urging investigations into a pair of Trump-affiliated "scam PACs," which "pretend to fundraise for major candidates or issues while secretly diverting almost all of their donors' money back into fundraising or the fraudsters' own pockets."
Keep ReadingShow Less
Most Popular