50 countries including US question Poland's commitment to LGBT rights

More than 50 ambassadors and international representatives are urging the Polish government to safeguard LGBTI rights amid concerns over crackdowns under President Andrzej Duda’s administration.

“We pay tribute to the hard work of LGBTI and other communities in Poland and around the world, as well as the work of all those who seek to ensure human rights for LGBTI and other persons belonging to communities facing similar challenges, and to end discrimination in particular on the basis of sexual orientation or gender identity,” their open letter from Sunday says.

“Human rights are universal and everyone, including LGBTI persons, are entitled to their full enjoyment,” it adds.

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In response, Polish officials denied the rights of LGBTI Poles are restricted or threatened.

“To the dear ambassadors, I can only say that tolerance belongs to Polish DNA,” Prime Minister Mateusz Morawiecki said Monday at a news conference, according to The Associated Press. “Nobody needs to teach us tolerance, because we are a nation that has learned such tolerance for centuries and we have given many testimonies to the history of such tolerance.”

Despite Morawiecki’s claims, Duda won reelection this year after campaigning against LGBTI “ideology,” and several eastern and southern Polish towns have passed symbolic resolutions declaring themselves free of “LGBT ideology,” according to the AP.

“Human Rights are not an ideology  they are universal. 50 Ambassadors and Representatives agree,” tweeted U.S. Ambassador Georgette Mosbacher.

Joachim Brudzinski, deputy head of the ruling Law and Justice party and a European member of parliament, demanded that signers also write a letter “on defense of murdered Christians, imprisoned #ProLife activists, people dismissed from work and persecuted for quoting the Bible, people subjected to euthanasia against their will.”

Abortion is illegal in almost all cases in Poland, and euthanasia is outright illegal. A state prosecutor is currently suing an IKEA manager for firing a man quoting the Bible to suggest gay people should be killed, according to the AP.

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OVERNIGHT DEFENSE: Suicide rate among active troops rises | Armed Services head predicts budget fight

Happy Thursday and welcome to Overnight Defense. I’m Ellen Mitchell, and here’s your nightly guide to the latest developments at the Pentagon, on Capitol Hill and beyond. CLICK HERE to subscribe to the newsletter.

THE TOPLINE: The suicide rate among active-duty service members increased in 2019, the Pentagon said Thursday, adding to fears that feelings of isolation due to the coronavirus may push those figures higher.

The Defense Department’s second annual report on suicide found there were 342 active-duty suicides last year, a rate of 25.9 per 100,000 service members. The previous year the rate was 24.8, and before that it was 21.9.

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Suicide rates in the National Guard and Reserve remained stable in 2019.

Overall, 498 service members died by suicide last year.

Army worries about troops: The report comes as the Army worries about the increase in suicides since March, when many people were told to stay home due to COVID-19 and the Pentagon began to limit movement of forces.

The Associated Press first reported that military suicide deaths since early spring were up as much as 20 percent compared with the same period in 2019.

Among Army active-duty troops, that increase was around 30 percent, with 114 suicides as of Aug. 31, compared to 88 last year.

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Suicides peaked in July with 35, CNN found.

Following the report’s release, Army Secretary Ryan McCarthy and Army Chief of Staff Gen. James McConville said in a statement that the service is working to improve access to behavioral health care “in the face of additional stress of a pandemic.”

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But Pentagon cautions jumping to conclusions: When asked if COVID-19 is affecting military suicides, Defense Suicide Prevention Office Director Karen Orvis said it was too early to tell.

“The department is closely monitoring the potential impacts of the pandemic on death by suicide within the military population,” she said. “Caution should be used when examining changes in suicide counts across time, as counts do not account for changes in population size or provide enough time for essential investigations to determine cause of death.”

Who is most at risk: Overall, enlisted men under the age of 30 are of greatest concern, as they accounted for about 61 percent of all suicides last year, Orvis said.

Personally owned firearms, not military issued weapons, were the primary cause of death, she said.

 

HOUSE ARMED SERVICES HEAD PREDICTS DEFENSE BUDGET FIGHT IF BIDEN WINS: The chairman of the House Armed Services Committee is predicting a fight among Democrats over the defense budget should the party’s presidential nominee, Joe Biden, win.

Asked about Republican campaign warnings that Democrats would slash the defense budget if they win, Rep. Adam Smith (D-Wash.) highlighted Biden’s opposition to major cuts, as well as his own.

But he also acknowledged progressive Democrats are pushing for big cuts.

“There will be a fight, no question,” Smith said Thursday at an event hosted by the Association of Defense Communities. “There will be those Democrats who want to substantially cut the defense budget. I don’t believe it is the majority of my party, and I know it is not the position of the Biden-Harris ticket.”

What each candidate has said: President Trump has repeatedly touted on the campaign trail major defense budget increases that have happened under his watch. He and his supporters have accused Democrats of wanting to “defund” the military in the same way some on the left have called for “defunding” the police.

“If you listen to our colleagues, we’ll get the locusts and the frogs and the floods, and when Democrats take over, the world as we know it will cease to exist,” Smith joked of Republican criticisms.

Biden “has stated unequivocally that he does not envision cuts in the defense budget,” Smith added.

Biden told military newspaper Stars and Stripes last month he does not foresee making major defense cuts if he wins. If anything, he added, the defense budget could increase in certain areas, such as cyber capabilities and unmanned aircraft.

Progressive Dems want cuts: Defense budget analysts have predicted relatively flat budgets regardless of who wins the White House given outside pressure such as a ballooning national debt.

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But progressives Democrats are pushing for major cuts, arguing that the coronavirus pandemic has shown the United States’ misplaced priorities on defense spending.

During consideration of the annual defense policy bill, progressives pushed an amendment that would have cut 10 percent off the $740 billion defense budget for fiscal year 2021. The amendment was defeated by bipartisan majorities in both chambers.

But not too much, Smith says: “There are a lot of forces within my party that want to see significant cuts in the defense budget. The number that is usually trotted out is 20 percent,” Smith said at Thursday’s event. “I don’t disagree with some of my more progressive friends that we cannot excessively rely on the military as we engage in the world. But I do disagree that we can cut the budget by that much.”

Smith has in the past argued the Pentagon could live with less money. But he argued Thursday a 20 percent cut is too large, saying there are “clear national security needs” that don’t support a reduction of that size.

 

ON TAP FOR TOMORROW

Former national security adviser retired Lt. Gen. H.R. McMaster will speak at a Brookings Institution webinar on “Disinformed Democracy: The Past, Present, and Future of Information Warfare,” at 9:15 a.m.

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The National Defense Industrial Association will hold a virtual symposium on “Special Operations Forces and Great Power Competition,” with Acting Assistant Defense Secretary for Special Operations/Low Intensity Conflict Ezra Cohen; Rep. Michael WaltzMichael WaltzOVERNIGHT DEFENSE: Suicide rate among active troops rises | Armed Services head predicts budget fight Overnight Defense: Congress recommends nuclear arms treaty be extended | Dems warn Turkey | Military’s eighth COVID death identified Bipartisan congressional task force recommends extending nuclear treaty with Russia MORE (R-Fla.); Air Force Command Sgt. Gregory Smith, senior enlisted leader at the U.S. Special Operations Command; and Assistant Defense Secretary for Acquisition Kevin Fahey; among other defense officials, beginning at 10 a.m.

ICYMI

— The Hill: Rockets land near Iraqi base housing US troops: Report

— The Hill: Retired four-star general Stanley McChrystal endorses Biden

— The Hill: Democrats gear up for clash with DHS over whistleblower case

— The Hill: McMaster: Trump ‘aiding and abetting Putin’s efforts’ at election interference

— The Hill: Democrat asks intelligence director if Trump’s personal debt is security problem

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— The Washington Post: As Kim wooed Trump with ‘love letters,’ he kept building his nuclear capability, intelligence shows

— The New York Times: U.S. Repatriates Last of Islamic State Suspects Believed Captured in Syria

— Stars and Stripes: ‘We’re not taking a knee’: Training under pandemic conditions could better prepare soldiers for the big fight

Trump's COVID-19 case draws new attention to handling of pandemic

President TrumpDonald John TrumpTrump campaign manager tests positive for COVID-19 Trump given Remdesivir as treatment for COVID-19 infection ICE launching billboard campaign highlighting ‘at-large immigration violators’ MORE has repeatedly downplayed the risks of the coronavirus and mocked his opponent, Joe BidenJoe BidenTrump campaign manager tests positive for COVID-19 Twitter to remove posts hoping for Trump’s death Obama sends well wishes to Trump, hopes he is ‘on path to speedy recovery’ MORE, for wearing a mask. Now, Trump himself has the virus and has been flown to Walter Reed Medical Center for treatment. 

Concerns are now mounting about the president’s health, though the White House said Friday he was hospitalized “out of an abundance of caution.”

Trump walked on his own power to and from the helicopter Marine One that took him to the hospital. The president, looking a bit pale, also tweeted a video from the White House in which he said he thought things were going well. 

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It remains unclear exactly how serious Trump’s case of the virus is, though he is in a high-risk group given his age and weight. 

The virus has left nearly 210,000 people in the country dead, and Trump’s handling of the pandemic is the defining issue of the presidential contest to be decided just one month from now. 

Trump’s positive test comes weeks after audio recordings were released in which Trump acknowledged that he purposely downplayed the risks of the virus to the public, saying he wanted to prevent a panic. 

“I wanted to always play it down. I still like playing it down, because I don’t want to create a panic,” Trump told journalist Bob Woodward in March, a quote that was revealed in September when Woodward published his book. 

Trump continued to brush aside concerns about the spread of the virus even in the hours before he tested positive for it.

White House chief of staff Mark MeadowsMark Randall MeadowsTrump campaign manager tests positive for COVID-19 The Memo: Trump grapples with credibility gap in crisis Overnight Healthcare: President Trump has coronavirus MORE told reporters on Friday that they learned top aide Hope HicksHope Charlotte HicksTrump campaign manager tests positive for COVID-19 Trump given Remdesivir as treatment for COVID-19 infection Kellyanne Conway tests positive for COVID-19 MORE, who traveled with Trump earlier in the week, had tested positive for COVID-19 just as the president was preparing to leave for a fundraiser in New Jersey on Thursday.

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Some aides who were planning to travel were kept in Washington, D.C., Meadows said. But the trip went on as planned, and Trump likely exposed donors in the Garden State despite knowing the risk. The president tested positive roughly 12 hours later.

Those decisions triggered more criticisms of Trump and the White House, even as political figures from both parties said they were praying for his health. 

White House doctor Sean Conley said at a press briefing Saturday that the president is “doing very well,” and that while he had a fever, he has been fever-free for over 24 hours. He did not give a date when Trump is expected to be released from the hospital.

The White House also said he has been given the antiviral drug remdesivir and an experimental antibody cocktail made by Regeneron. Conley also did not give a clear answer on whether Trump had been given oxygen, repeatedly saying he was not currently on oxygen. 

White House staff, and Trump in particular, have for months generally ignored guidelines issued by the administration’s own public health experts to slow the spread of the virus. Trump has only worn a mask on a few occasions, such as when he visited Walter Reed hospital or a medical research facility in North Carolina, and a West Wing policy requiring staff to wear masks when unable to socially distance lasted for all of five weeks.

Few wore masks at a White House event a week ago where Trump announced his pick of Amy Coney Barrett for the Supreme Court. Several people who attended that event have now tested positive. 

At Tuesday night’s debate, Trump mocked Biden, the Democratic nominee, over wearing a mask, while saying he himself wears one “when needed.”

“I don’t wear masks like him,” Trump said. “Every time you see him, he’s got a mask. He could be speaking 200 feet away from me, and he shows up with the biggest mask I’ve ever seen.”

The Centers for Disease Control and Prevention first recommended people wear masks to slow the spread of the virus in early April, but it was not until July, months later, that Trump first wore a mask in public, and even then he shortly returned to not wearing one and has held campaign rallies with crowds of hundreds of largely mask-less supporters. 

Trump’s diagnosis could serve as a wake-up call for people who are underestimating the dangers of the virus.

“I hope the president and his family do well,” said Eric Toner, a senior scholar with the Johns Hopkins Center for Health Security. “It does show that taking precautions is necessary, even for the president.”

“No one wants to see the president or anyone get sick, but if this helps convince some COVID-deniers that it’s in fact real, it would be a silver lining,” he added.  

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Rep. Bill PascrellWilliam (Bill) James PascrellDemocrat calls for hearing with IRS chief after NYT story on Trump’s taxes Trump tax revelations shine a spotlight on IRS enforcement Democrats blast Trump after report reveals he avoided income taxes for 10 years: ‘Disgusting’ MORE (D-N.J.) called Trump’s announcement “one of the most astonishing moments in U.S. history.”

“If the most powerful man on earth can get this germ, anyone can,” he tweeted. “Wear a damn mask. Treat this illness more seriously than this [government] has treated it.”

Trump’s handling of the virus will remain a matter of discussion for the next four weeks.

Trump and his allies have defended their response, pointing to travel restrictions that they say saved millions of lives. They have also pointed to efforts to produce and then deliver equipment and protective gear to states as being a highlight of the response.

Yet the Trump administration’s response has drawn widespread criticism from public health experts, as shortages of testing supplies and protective equipment for health workers persisted for months, while Trump pushed back on restrictions on businesses meant to slow the spread, tweeting a call to “LIBERATE” states. The supply situation has improved to some degree, but experts say the administration could still be doing more to ramp up widespread rapid testing.

Trump has also publicly contradicted the director of the Centers for Disease Control and Prevention, Robert Redfield, as well as other experts, leading to confused messaging. When Redfield stressed the importance of a mask, saying it is more guaranteed to work 100 percent of the time than even a vaccine, Trump told reporters later that day that he disagreed with Redfield, who he effectively criticized publicly at a press briefing.

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Trump has accused the Food and Drug Administration of harboring a “deep state,” raising concerns about political pressure to approve a vaccine before it is ready. He has elevated as a top adviser Scott Atlas, a doctor with no background in infectious diseases who has been publicly repudiated by colleagues at Stanford University for downplaying the risks of the virus and the importance of measures like mask-wearing. 

The White House has remained extremely secretive about the spread of the virus within its own walls prior to Trump’s diagnosis.

The White House did not disclose that national security adviser Robert O’Brien tested positive until it was reported in the media; it did not reveal that Vice President Pence’s communications director had tested positive until Trump identified her; and it did not confirm that Hicks, who is in close proximity to Trump daily, had tested positive even after it had been widely reported.

One person familiar with the matter said there have been multiple positive cases that have gone undisclosed, and noted that advance staff who scout locations ahead of presidential travel have tested positive previously.

While senior staff members — including Jared KushnerJared Corey KushnerTrump children call their father a ‘warrior’ amid COVID-19 diagnosis Trump arrives at Walter Reed after positive coronavirus test Lincoln Project: Trump coronavirus diagnosis should send ‘a signal’ to supporters MORE, Ivanka TrumpIvana (Ivanka) Marie TrumpTrump children call their father a ‘warrior’ amid COVID-19 diagnosis Chelsea Clinton says she has ‘no interest’ in rekindling friendship with ‘more than complicit’ Ivanka Trump Trump arrives at Walter Reed after positive coronavirus test MORE, Meadows and Vice President Mike PenceMichael (Mike) Richard PenceWhite House announces no changes to safety procedures after Trump positive COVID-19 test Pelosi tests negative for COVID-19 Trump COVID-19 test raises questions about contingency plans MORE — tested negative on Friday, the virus’ incubation period makes it possible that they or others could test positive in the days to come.

“We’ve tested all of our core staff, and I can tell you that Mr. Kushner, Mr. Scavino, myself, a number of us have been tested and have come back with negative results,” Meadows told reporters as he stood in the White House driveway not wearing a mask. 

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“And yet, at the same time I fully expect that, as this virus continues to go on, other people in the White House will certainly have a positive test result, and we’ve got the mitigation plan in place to make sure the government not only continues to move forward but the work of the American people continues to move forward,” he added. 

Michael Mina, an epidemiologist at the Harvard T.H. Chan School of Public Health, said the effect on the public’s perception of the virus going forward could depend on how severe Trump’s symptoms get, given that many people have relatively mild symptoms.

“If our president doesn’t do well in this infection, it might cause a lot of people who are thinking that it’s a hoax to think twice,” Mina said. “If he sails through it, which is the most probabilistically likely scenario, then it could potentially create more fuel for somebody who’s already disregarded this virus as not important to continue doing so.”

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Manchin faces primary challenge from the left

Paula Jean Swearengin is no stranger to taking on West Virginia Sen. Joe ManchinJoseph (Joe) ManchinTrump administration seeks to use global aid for nuclear projects Shelley Moore Capito wins Senate primary West Virginia Gov. Jim Justice wins GOP gubernatorial primary MORE (D).

She confronted the senator during a March town hall in South Charleston, asking Manchin what the state’s “Plan B” is for its economy when coal is gone.

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“We are tired of being collateral damage,” Swearengin said as a small group of supporters behind her cheered and clapped.

  Manchin pointed to funding provided by the Abandoned Mine Lands program, telling Swearengin “we’ll have to agree to disagree” on the role of coal before moving on to the next question.

But Swearengin didn’t move on. Instead, the exchange with Manchin helped convince her to run a primary bid to replace him in 2018.

“Joe Manchin has been our secretary of state, he’s been our governor and he’s been our senator. And through his long terms, we have not seen any type of economic development,” Swearengin told The Hill in an interview.

“I’ve done everything imaginable as a mother and a coal miner’s daughter to create a brighter future for our children, and it fell on deaf ears.”

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Swearengin, a 43-year-old West Virginia native and accounting clerk, comes from a family with a history in the mining industry. Black lung killed her grandfather, while a handful of family members have the disease as well.

After channeling her frustration with the coal industry into local activism, Swearengin — a supporter of Sen. Bernie SandersBernie SandersThe Hill’s 12:30 Report: Milley apologizes for church photo-op Harris grapples with defund the police movement amid veep talk Biden courts younger voters — who have been a weakness MORE’s (I-Vt.) Democratic presidential bid — decided to mount a long-shot bid for Senate against Manchin.

Swearengin is backed by a number of new progressive groups, including Brand New Congress. The group is the brainchild of a handful of former Sanders presidential staffers and volunteers who want just that: to replace “almost all of Congress in one fell swoop.”

As a Brand New Congress candidate, Swearengin has agreed to a platform that includes
single-payer healthcare, trillions of dollars of investment into infrastructure and industry, and a plan for an economy based on renewable energy.

The plan might gel with the national progressive playbook, but such a liberal platform could be a tough sell in rightward-shifting West Virginia.

Democrats still hold a significant voter registration edge in West Virginia, but many of those Democrats have viewpoints and voting histories that resemble Republicans’.

Trump won the state by 42 points in 2016, one major reason why Manchin is a top Republican target in 2018.

GOP Rep. Evan Jenkins has already announced a bid against Manchin, and Attorney General Patrick Morrisey is expected to run, too. Either could be a formidable challenge to Manchin.

Manchin has regularly managed to win office as a Democrat despite the state’s right turn thanks to a coalition of supporters who wouldn’t stand behind most Democrats.

Manchin is anti-abortion, once held an “A” rating from the National Rifle Association and has accused the Environmental Protection Agency of pushing overly burdensome regulations.

That background has frustrated liberals who see him as a Democrat in name only. Manchin’s occasional praise for Trump and his willingness to support most of Trump’s Cabinet nominees have only made that worse.

The progressive Credo Action collected more than 200,000 signatures on a petition to remove Manchin from Democratic leadership, and progressive groups bristled at a report that said he reached out to Breitbart News.

Manchin’s response: a challenge to his Democratic opponents to primary him.

Despite those criticisms, Manchin has also kept one foot on the left — he pushed for strengthening background check requirements for gun purchases in 2013, and this year he voted against a measure that let states bar some funding to abortion providers.

Manchin allies and some political analysts believe Manchin’s moderate brand makes him a unique Democratic fit in the state.

While Sanders won West Virginia’s Democratic primary, 55 percent of Democratic voters who participated in primary exit polling called themselves moderate or conservative.

“He’s been able to win in West Virginia by stitching together a pretty impressive coalition of Democrats, independents and some Republicans,” said Doug Thornell, a Democratic strategist and former aide to the Democratic Senatorial Campaign Committee.

“He knows the state probably better than anyone.”

Manchin’s unique brand makes him “incredibly valuable to the Democratic Party,” according to FiveThirtyEight’s Harry Enten, who used statistics to show that a successful primary challenge would effectively guarantee Democrats lose the seat.

But Swearengin and other progressives don’t believe the conventional wisdom that only Manchin can win the seat for Democrats — they argue that Democrats have lost their way in the state because they are running too close to Republicans.

“The Democratic Party has failed us, because we haven’t run the progressive platform we’ve been promised. … That’s why people have moved their votes to the Republicans,” she said.

“Bernie Sanders won the primaries because he offered promise, offered hope, offered solutions. The reason that Donald TrumpDonald John TrumpSenate advances public lands bill in late-night vote Warren, Democrats urge Trump to back down from veto threat over changing Confederate-named bases Esper orders ‘After Action Review’ of National Guard’s role in protests MORE won is because he offered promise, hope and solutions, but that’s not happening.”

It’s unclear whether Swearengin’s primary challenge will gain traction, especially without access to the kinds of dollars needed to topple an incumbent.

With 10 Democratic Senate incumbents up for reelection in states carried by Trump, the party will likely spare little expense in defending its incumbents, including Manchin. That’s especially true since Manchin is a member of Senate Democratic leadership.

Without a clear path toward a major funding source, Swearengin is trying to highlight her differences with Manchin on coal.

She charges that Manchin and other state leaders have not diversified the state’s economy beyond coal. While she didn’t call for a freeze of new coal-fired power plants, she argued that coal’s future in the state should include far more regulation and commitment to sustainability.

While Swearengin noted Manchin’s leadership on the Miners Protection Act (MPA), which funded healthcare benefits for many retired miners, she said that the deal makes “no promises for the future generation of coal miners.”

Manchin will undoubtedly tout his role in the MPA, a major victory that touches all aspects of the mining industry. And he’s expected to counter charges about his work for the state’s economic development by pointing to his support of the Export-Import Bank, which has provided state small businesses with more than $100 million in loans, as well as various measures aimed at helping miners.

But while Democrats believe Manchin is firmly in the driver’s seat, they say nothing can be ruled out in this political climate.

“He absolutely can’t ignore progressives in the state. He’ll have to figure out how to make them comfortable voting for him in the primary and turn out in droves for him in the general,” Thornell said.

“Joe Manchin is a very well-known brand in the state, and West Virginia Democrats know that they can count on him, but you can’t take anything for granted.”

RNC chair doesn't know if it's legal for party to pay Trump attorney bills

The chairwoman of the Republican National Committee said on Friday that she doesn’t know if it is legal for the party to pay the Trump administration’s legal bills related to investigations of possible collusion between the Trump campaign and Russia.

Ronna Romney McDaniel’s comments on WMAL’s “Mornings on the Mall” radio show came on the heels of a Washington Post report that allies of President TrumpDonald John TrumpSenate advances public lands bill in late-night vote Warren, Democrats urge Trump to back down from veto threat over changing Confederate-named bases Esper orders ‘After Action Review’ of National Guard’s role in protests MORE are pressing the RNC to cover the legal fees related to the Russia probe.

“First of all, I don’t even know if that’s legal, if we would even be allowed to do that,” Romney McDaniel said on WMAL’s “Mornings on the Mall” radio show. “So there’s just nothing that I can comment on on that front right now. So that would have to go through the lawyers first before it would come to us.”

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The Washington Post also reported that the RNC has yet to make a decision on whether it will cover the legal costs and is working to determine whether or not it is legal to do so.

Romney McDaniel said in the interview that the legality of covering such fees is not the only issue. She would also have to consider how the party’s donors would feel about using the money is such a way.

“I’m always going to look to support the President. But we’ve gotta just make sure that anything we do is legal and then we’d have to talk to people who donated to us and make sure they’d want to do it that way,” she said. “There’s other ways to support the President. There’s a legal defense fund that you could start. There’s lots of other ways. But we, of course, support the President.” 

North Carolina Sued by Rights Groups Over Unprecedented Hate Bill

“North Carolina legislators cannot strip equality out of the Constitution and the law,” declared the American Civil Liberties Union (ACLU) on Monday, as it announced that it was jointly filing a lawsuit (pdf) against North Carolina’s extreme anti-LGBTQ law passed last week. Advocacy groups Lambda Legal and Equality North Carolina also joined the suit.

Protests swept the state late last week when news of the “hate bill” broke on Thursday morning. 

“No legislature should be using its power to require cities, counties, or school districts to discriminate against anyone. This law is a targeted and unprecedented attack on the LGBTQ community, particularly against transgender people, both young people and adults,” argued Tara Borelli, senior attorney with Lambda Legal.

The new law, HB 2, mandates discrimination against LGBTQ citizens: transgender people are barred from using public bathrooms not assigned to their “biological sex,” corporations are permitted to discriminate against anyone at will without repercussion, and no one may file suit in state court if they feel they have been discriminated against for any reason—including race, sex, and religion. Instead, they will be forced to pursue those claims in federal court. The unprecedented measure also bans municipalities from passing their own minimum wage laws.

The legislation was introduced and signed into law in only a day, in an unprecedented legislative process that the lawsuit alleges was “rife with procedural irregularities.”

“Lawmakers made no attempt to cloak their actions in a veneer of neutrality,” reads the complaint, “instead openly and virulently attacking transgender people, who were falsely portrayed as predatory and dangerous to others.”

The ACLU describes the suit:

The lawsuit is being filed on behalf of a transgender college student, a transgender university employee, and a lesbian professor, all of whom study or work in the state’s public university system. The ACLU reports that the case was “filed in the U.S. District Court for the Middle District of North Carolina against North Carolina Governor Pat McCrory, Attorney General Roy Cooper, and the University of North Carolina.”

“Clearly HB 2 is unconstitutional,” Borelli argued, “as it not only violates the guarantees of equal protection and due process in the U.S. Constitution but it also violates Title IX by requiring discrimination in education. North Carolina legislators cannot strip equality out of the Constitution and the law.”

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