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Garland swears in new citizens at Ellis Island ceremony, says democracy requires ‘constant effort’

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“It is my great honor to welcome you as the newest citizens of the United States of America,” Garland said said in remarks. “I know you made sacrifices to be here today. You should be proud of everything you have achieved. I’m proud of you.”

“I come from an immigrant family who fled religious persecution in the early 1900s and sought refuge here in the United States. Some of my family has immigrated right here on Ellis Island,” he continued. “My grandmother was one of five children born in what is now Belarus. Three made it to the United States, including my grandmother, who came via the Port of Baltimore.”

Garland said two relatives didn’t make it here. “These two were killed in the Holocaust. If America hadn’t existed, the same thing would undoubtedly have happened to my grandmother.” The New York Times reports that Garland was frequently emotional during the speech. But while that nation may have offered refuge to its ancestors, Garland warned: “The rule of law is not guaranteed. It’s fragile. It requires constant effort and vigilance.” He pointed to, but didn’t name directly, Republican efforts to overturn the election results and campaigns of intimidation against ordinary Americans.

“Responsibility for ensuring the rule of law is and has been the duty of every generation in our country’s history,” he continued. “It is your duty now. And it is one that is particularly urgent today at a time of intense polarization in America.”

“We’re all in the same boat. We’re all Americans,” he said (read his full remarks here). “On this historic day and in this historic place, let us pledge that each of us will protect each other and our democracy.”

New U.S. citizens attend the Citizenship Day Ellis Island naturalization ceremony with U.S. Attorney General Merrick Garland on September 17, 2022 in New York.  (Photo by Alex Kent/AFP) (Photo by ALEX KENT/AFP via Getty Images)
New U.S. citizens attend the Citizenship Day Ellis Island naturalization ceremony with U.S. Attorney General Merrick Garland on September 17, 2022 in New York.
New U.S. citizens attend the Citizenship Day Ellis Island naturalization ceremony with U.S. Attorney General Merrick Garland on September 17, 2022 in New York.  (Photo by Alex Kent/AFP) (Photo by ALEX KENT/AFP via Getty Images)
New U.S. citizens attend the Citizenship Day Ellis Island naturalization ceremony with U.S. Attorney General Merrick Garland on September 17, 2022 in New York.
U.S. Attorney General Merrick Garland attends a naturalization service to mark Constitution Week and Citizenship Day on September 17, 2022 at Ellis Island, New York.  (Photo by Alex Kent/AFP) (Photo by ALEX KENT/AFP via Getty Images)
US Attorney General Merrick Garland

The 200 new US citizens are just some of the more than 19,000 immigrants expected to become Americans on paper as part of Citizenship Week, which is taking place now through September 23. The Ellis Island ceremony is one of more than 235 expected nationwide by that date. Ellis Island itself welcomed millions of immigrants, mostly from Europe, who arrived without prior permits or visas. The US immigration system as we know it today did not exist.

“My own father came to this country at the age of 13 with no assets and didn’t speak English.” ginsburg said in their remarks the National Archives in 2018. “My mother was born four months after her parents came to Ellis Island by boat with several children in tow. Like you, my father and grandparents aspired to the American dream. What is the difference between an accountant in the Garment District of New York City and a Supreme Court Justice? A generation.”

President Biden said in his July 2021 remarks that while the assembled group was from many different nations, “there is one quality you all share: courage. It takes courage to stand up and leave everything you know and go to a different place, no matter where it is.” U.S. Citizenship and Immigration Services, touted in its release this month efforts of the Biden administration promote naturalization. Despite this immigration obligation, the Biden administration reportedly wants to expand Stephen Miller’s Disproved Title 42 Order.

These include immigrants who have recently been sworn in as US citizens Clarissa Vivian Petrucci, the said Your Valley Central, It was “a very important day for me as a Mexican”.

“My heart is binational,” she told the central California media outlet. “Love does not divide, love multiplies. You love two countries now. This is the country that has provided so much, but we also come from somewhere and it’s in our DNA.”

Donald Trump and his MAGA allies came close to overthrowing our democracy on January 6th and they will try again if they win in 2022. The best you can do is help win the Democratic midterm vote, and we need everyone to do what they can. Click here to find all available volunteer opportunities.

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Removing Candidate’s Ballotpedia Page Isn’t Libelous

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From Judge Phillip Green’s report and recommendation of Tuesday in Trouten vs. Ballotpedia (WD Mich.):

Plaintiff alleges that Ballotpedia “withdrew the ‘Bryan Trouten for the United States House of Representatives’ campaign from its website.” Plaintiff alleges that this action constitutes defamation and/or defamation under state law. Plaintiff seeks $5,000,000.00 in damages.

First of all, it should be noted that the plaintiff does not allege that the defendant made false or defamatory statements about him. Instead, the plaintiff alleges that the defendant merely removed information about him from their website. The defendant argues that the plaintiff’s allegation fails to satisfy the first element. But the plaintiff goes on to allege that by removing the information in question from its website, the defendant falsely “claimed that”. [Plaintiff] has withdrawn his campaign.” Thus, Plaintiff contends that Defendant’s actions falsely implied that Plaintiff had withdrawn his campaign.

Michigan implicitly admits a cause of defamation. To enforce such a claim, the plaintiff must prove that the defamatory implication is “materially false.” Plaintiff alleges that he did not withdraw his candidacy for the US House of Representatives and that, moreover, he submitted in a timely manner to the State of Michigan the documents necessary to be considered a written candidate. Thus, contrary to the arguments of the defendants, the plaintiff’s allegations fulfill the original element of the analysis.

{Defendant claims it is merely “listed [Plaintiff] as an inactive candidate after the Michigan State Department released an official list of candidates with no [Plaintiff’s] name on it.” The defendant further alleges that “[w]When Trouten informed Ballotpedia that he was an active write-in candidate, Ballotpedia updated its encyclopedia to reflect that status.” These claims are not supported by any evidence and go beyond the scope of a request made under the federal provision of the Code of Civil Procedure 12(b)(6) The Court therefore disregarded the allegations in question. If Defendant wanted to present evidence and argue that it was entitled to a remedy by right, it should have filed a motion [for summary judgment] pursuant to Federal Code of Civil Procedure 56.}

Plaintiff’s claim nevertheless fails because the suggestion that plaintiff withdrew his candidacy for the U.S. House of Representatives is simply not defamatory because it does not tend to damage plaintiff’s reputation or discourage third parties from communicating with plaintiff to kick. See, for example, Kevorkian v. American Medical Association (Mich. Ct. App. 1999) (the court “may by operation of law determine whether a statement may actually have libellous substance”).

The plaintiff’s claim also fails for a second Centre County Report. Because the Complainant was a candidate for public office, he will be considered a public figure for the present purposes. Therefore, the plaintiff must show that the defendant acted with “actual malice” or “with knowledge thereof”. [its implied statement] was false or with reckless disregard for whether or not it was false.” Plaintiff has made no allegations of facts which, if proven, would meet that standard. Thus, plaintiff’s claim alternatively fails on that ground.

In its response to the present motion, Plaintiff fails to advance any argument or name any authority against Defendant’s motion. Rather, the plaintiff simply states: “I didn’t want that[o] much information about my case disclosed to the defense because I have factual material facts as well as much other factual evidence deemed problematic in this case.” This vague, unsworn testimony does not advance the plaintiff’s position. The plaintiff goes on to say, “I’d like to end this” and asked to “speak [his] side of the case personally” because “[i]It will definitely provide the material needed to understand the case a little better….” The court appreciates plaintiff’s desire to be heard, but plaintiff has presented no argument or authority to suggest that a hearing would help the court determine the legal sufficiency of the allegations in the plaintiff’s lawsuit….

Congratulations to Joseph E. Richotte, Jennifer A. Dukarski, and Barrett RH Young of Butzel Long, PC, who represent Ballotpedia.

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Biden Scales Back Student Debt Relief

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“The Biden administration is cutting its sweeping student-debt-forgiveness program for several million Americans whose government student loans are owned by private companies over concerns the industry would challenge it in court.” Politically reports.

“The Department of Education will no longer allow borrowers on federal private student loans to receive forgiveness under the administration’s plan … The administration had previously said those borrowers would have a way of relieving the administration of $10,000 or $20,000 per borrower to obtain. ”

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GOP’s AG Nominee In Michigan Pushes Election Fraud Lies While Facing Election Fraud Probe

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Matthew DePerno, the Republican nominee for Attorney General in Michigan who made a name for himself spreading lies about the 2020 election — and by becoming the target of an investigation into illegally rigging voting machines — he spends the final phase of his election campaign spreading new lies about alleged electoral crimes.

In a recent meeting with the Detroit Free Press editorial board, DePerno claimed that voting machines in Antrim County, Michigan, were “broken into” in 2020. the newspaper said on Tuesday. He also said that his opponent in the November 2022 election, Attorney General Dana Nessel (D), had failed to investigate the alleged crime.

“Why not write a story about December 4th 2020 when I pointed Dana Nessel to an actual crime of two tabs actually used in the November 2020 election where security tapes were removed, machines were broken into, ‘ DePerno said.

But none of this is true, the Free Press reported.

For one, the paper noted, DePerno never filed any criminal charges with law enforcement. More importantly, the candidate still has not provided any evidence or even a detailed description of the crime he said took place.

His allegations appear to stem from a 2020 civil lawsuit filed by his client Bill Bailey, which alleged that there was a vote counting issue in Antrim County on election day was evidence of possible widespread fraud in Michigan. (In fact, it was a simple, quickly resolved human error.) Unofficial early results showed then-President Donald Trump losing the rural, conservative county, but an immediate recount showed he had won, 61% to 37%.

As part of the legal challenge, DePerno alleged that some voting machines in the country of Antrim lacked the security tape normally placed over them after elections, suggesting they may have been compromised. But the group of inspectors that DePerno was part of hadn’t looked at the machines up to weeks after the election, the Free Press reported – long after that the security tape could have been legally removed.

Still, DePerno claimed that “there is evidence that someone who was not authorized removed the tape … during the election.” According to the Free Press, he has presented no such evidence.

He also told the outlet that he believes Nessel was aware of allegations of tampering and did nothing to address them.

“You can’t deny that Dana Nessel knew about the allegations,” DePerno said. “Nor can you deny that Dana Nessel has never taken any steps to investigate these claims. Not a single witness was contacted to give a statement [Michigan State Police].”

Both Nessel’s office and the Antrim County clerk reiterated this week that they believe the claims are unfounded.

The lawsuit went nowhere. A court of appeal found in April that the “plaintiff merely asked a series of questions without making any specific factual allegations as required”.

In a statement to HuffPost, DePerno’s campaign declined to comment further on the allegations or the lawsuit. “We’re done heating up the Antrim County case,” a spokesman wrote.

Former President Donald Trump endorses Republican Matthew DePerno as Attorney General at a rally April 2 near Washington, Michigan.

Scott Olson via Getty Images

“They are domestic terrorists”

DePerno’s allegation of voting machine manipulation actually reflects parts of an investigation into his own Alleged actions: Nettle’s office has said that DePerno was one of the “main instigators” of what it was described as a potential “conspiracy to gain unlawful access to voting machines to be used in the 2020 general election”.

At the Bureau’s request, a special prosecutor is currently investigating DePerno and right-wing activists who the Bureau says attempted to access and break into the machines as part of their attempt to spread voter-busting myths.

DePerno and others, including far-right Barry County Sheriff Dar Leaf, have reportedly pulled it off take in hand some machines during this effort. Leaf also sent a sheriff’s deputy and a private investigator from city to cityAsk office workers for information.

According to Nettle’s officethe group then took the machines to “hotels and/or AIRBNBs in Oakland County” for them to break into and “test” on the equipment.

It is a crime in Michigan too “acquiring unlawful possession” of voting machines.

DePerno has previously called the state investigation a “witch hunt” and pledges his campaign website to “prosecute the people who corrupted the 2020 election and allowed fraud to permeate the entire electoral system.”

DePerno’s efforts have been a source of widespread lies about the 2020 election.

Former Overstock.com CEO Patrick Byrne, a key funder in an effort to cast doubt on the 2020 results, sent a team to examine the machines in Antrim County and wrote a report claiming, that Dominion-branded voting machines were in the area were “intentionally and purposefully designed with inherent flaws to create systemic fraud and affect election results.”

This report was repeated exposedbut it was still quoted in a Draft implementing regulation in 2020, claiming that Trump, then still president, had the power to seize voting machines nationwide.

“This is not a question. … The whole thing is rigged,” Byrne, now one of several people confronting you Defamation lawsuit of domination, said in a video this month.

Byrne then called out to Nessel, Michigan Secretary of State Jocelyn Benson (D), and Jonathan Brater, director of the Michigan Elections Bureau: “They are domestic terrorists. I say it. Sue me.”

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