Category Archives: Legislation

Parler Sues Amazon

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There are 3 counts in the lawsuit where a jury is demanded for a temporary restraining order such that Parler can restore the network.

Count One: Sherman Act, Section 1

AWS is prohibited from contracting or conspiring to restrain trade or commerce.

Count Two: Breach of Contract

AWS breached its contract with Parler by not providing thirty days’ notice before terminating its account.

Count Three: Tortious Interference with a Contract or Business

Expectancy By terminating Parler’s account, AWS will intentionally interfere with the contracts Parler has with millions of its present users, as well as with the users it is projected to gain this week.

The lawsuit is found here.

Parler received more than three-quarters of a million downloads between last Wednesday, when a mob stormed the United States Capitol, and Sunday, when the app was suspended.

And as of Monday:

Face­book Inc. said Mon­day it is re­mov­ing all con­tent men­tion­ing “stop the steal,” a phrase pop­u­lar among sup­port­ers of Pres­i­dent Trump’s claims about the elec­tion, as part of a raft of emer­gency mea­sures to stem mis­in­for­ma­tion and in­cite­ments to vi­o­lence on its plat­form in the lead up to Pres­i­dent-elect Joe Biden’s in­au­gu­ra­tion. More censorship…Stop the Steal is hardly violent speech in a public forum.

The logical question now is will Twitter and Facebook or Signal, WhatsApp and Telegram come clean about what was planned and coordinated on their platforms? Facebook owns WhatsApp, Telegram is owned by 2 Russians based in Germany and Signal was developed by the Signal Foundation and Signal Messenger LLC Whisper, of which Jack Dorsey invested.

Per Wikipedia with footnotes: Signal was reportedly popularized in the United States during the George Floyd protests. As U.S. protests gained momentum, on June 3, Twitter CEO Jack Dorsey tweeted a recommendation for users to download Signal Messenger.[70] Heightened awareness of police monitoring led protesters to use the app to communicate. Black Lives Matter organizers had used the app “for several years”.[71][44] During the first week of June, the encrypted messaging app was downloaded over five times more than it had been during the week prior to the death of George Floyd.[71] In June 2020, Signal Foundation announced a new feature that enables users to blur faces in photos, in response to increased federal efforts to monitor protesters.[44][72]

Read that? Dorsey endorsed the protests and encouraged the protestors to use Signal…..blur faces? WTH?

How about this one just a few days ago?

Terror and Big Tech

How many protests were plotted and launched on big tech platforms and yet AWS targets Parler? Oh the irony….maybe just maybe….there should be a counter-suit against big tech or by Parler….

How about we just just exposing facts…this lil website and author is trying…can you help?

ABC reported:

A few weeks ago, several members of President-elect Joe Biden’s transition team set up a Zoom meeting with senior members of the Anti-Defamation League, the group that studies and tracks hate crimes, to hear recommendations for fighting domestic terrorism and right-wing extremism.

The weighty meeting, focused on one of the most complex threats facing America today, was initiated in the simplest of ways: The ADL requested a meeting through a form on Biden’s transition team website.

“I find it remarkable that … [they] are taking substantive time to meet with advocacy organizations like ours,” said ADL senior adviser George Selim, who participated in the meeting.

“What it says is that this issue is a priority for the incoming administration,” added Selim, one of the Department of Homeland Security’s top experts on domestic terrorism until he was sidelined in the early days of the Trump administration.

But even if such threats are a priority for the incoming team, transition officials acknowledge that when they take charge of the federal government in three weeks, the recent promise Biden made to “shut down violence and hate” will face significant challenges.

In fact, as part of its tone in recent years, the Trump administration has “chosen to defy the data” on domestic threats by publicly focusing on left-wing radical groups like Antifa, instead of white supremacists and anti-government ideologues “that the data show are much more prone to pushing people toward violence,” the former Homeland Security official said.

The majority of domestic terrorism investigations are focused on racially-motivated individuals, and white supremacists are “the biggest chunk of that,” Wray, the FBI director, told lawmakers in September. More here.

The progressives all dismiss the destruction and fear across America that began in Minneapolis and went on to major cities across the country by ANTIFA and BLM….that Wendy’s in Atlanta?

Atlanta protests after Wendy's shooting of Rayshard Brooks ...

Remember? The jewel of the south, Atlanta has yet to recover. Was all that coordinated on Facebook or Twitter? Inquiring minds want to know.

 

Biden Inauguration Donors

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It is a cyber war of a financial order…against America..

Let’s begin here with Section 230 shall we? Full immunity…and never amended. Just how decent is big tech? Well on the heels of Alphabet, the parent company of Google giving exclusive assistance to then candidate Hillary Clinton and later as we find out that all big tech uses our data, which we are forced to approve is their terms of service as we are users, while they make big money off of us. Then we find out the conspiracy and collusion between all big tech operations against little and new Parler, much less thousands of other websites as competitors, big tech is more powerful than the Federal government.

Section 230 is a piece of Internet legislation in the United States, passed into law as part of the Communications Decency Act (CDA) of 1996 (a common name for Title V of the Telecommunications Act of 1996), formally codified as Section 230 of the Communications Act of 1934 at 47 U.S.C. § 230.[a] Section 230 generally provides immunity for website publishers from third-party content. At its core, Section 230(c)(1) provides immunity from liability for providers and users of an “interactive computer service” who publish information provided by third-party users:

No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

The statute in Section 230(c)(2) further provides “Good Samaritan” protection from civil liability for operators of interactive computer services in the removal or moderation of third-party material they deem obscene or offensive, even of constitutionally protected speech, as long as it is done in good faith.

There has been hearing after hearing on The Hill in many committees where the CEO’s of big tech are called on their abuses and they simply defer to feeble apologies or blame algorithmic operations. As President Trump worked diligently to stop or amend Section 230….it ever happened at the congressional level…reading on, perhaps we know why…

Big Tech, Media, Fashion Exec.s Seek to Blackmail Pro-Life ...

Donations and donations and more donations.

Big tech colludes to protect Biden - Advance Australia Even Australia gets-it.

TheBlaze reports: The Biden Inaugural Committee released its list of donors, which included big tech companies Google, Microsoft, and Qualcomm. The Biden Inaugural Committee published the list of its top donors on Saturday, all of whom contributed “over $200 to the 59th Presidential Inaugural activities.”

Besides the big tech giants, other notable benefactors include multinational telecommunications conglomerate Verizon, cable television behemoth Comcast, mass media company Charter Communications, defense and aerospace manufacturer Boeing, health insurance provider Anthem, and medical technology company Masimo Corporation.

Several unions made donations, including the American Federation of Teachers COPE, United Food And Commercial Workers, and the International Brotherhood of Electrical Workers.

The amount of the donations are not provided, but the committee will have to disclose that information within 90 days after Inauguration Day, according to FEC guidance.

“President-elect Joe Biden’s newly formed inaugural committee will accept donations from individuals up to $500,000 and from corporations up to $1 million,” CNBC reported on Nov. 30.

An organization can be named a chair of the inaugural if it gives $1 million, and an individual can be designated as a chair if they donate $500,000. The VIP chair package includes “an invitation to virtual events with the President-elect and Vice President-elect and their spouses with virtual signed photos, along with ‘preferred viewing’ for the inauguration, among other things,” according to Fox News.

A since-deleted “donor” page on the Biden inauguration website had stated the committee “does not accept contributions from fossil fuel companies (i.e., companies whose primary business is the extraction, processing, distribution or sale of oil, gas or coal), their executives, or from PACs organized by them.”

Biden’s campaign had also banned donations from lobbyists and the oil and gas industry. Employees of fossil fuel companies were allowed to donate up to $200.

Biden’s inauguration on Jan. 20 is expected to be significantly smaller in scale because of the coronavirus pandemic. Biden’s inauguration will have a “virtual parade across America,” and feature “diverse, dynamic” performances.

“The parade will celebrate America’s heroes, highlight Americans from all walks of life in different states and regions, and reflect on the diversity, heritage, and resilience of the country as we begin a new American era,” the inaugural committee said in a press release.

“We are excited about the possibilities and opportunities this moment presents to allow all Americans to participate in our country’s sacred inaugural traditions,” said Presidential Inaugural Committee executive director Maju Varghese.

President Donald Trump has proclaimed that he will not attend Biden’s inauguration.

Beware: Patriot Act 2.0 Coming

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But there already is domestic terrorism law…meanwhile it was not applied to BLM or ANTIFA as those protests still go on….just a few arrests have been made while people and small business were not only terrorized but hundreds or maybe thousands lost their businesses. It is okay however, as VP -Elect Kamala Harris is good with that and supported it all.

Just one day ago –> it is terrorism but they call it unlawful assembly.

Portland rioters smash courthouse window, damage businesses before police declare unlawful assembly

Portland police arrived on the scene and told the crowd it had declared an unlawful assembly.Portland rioters smash courthouse window, damage businesses before police declare unlawful assembly | Fox News

So why the new proposed legislation? Hardly balanced application of the law and that is good with the new administration and progressive members of Congress.

The Patriot Act 2.0 coming your way.

Note:

March 11, 2020
Press Release
Legislation introduced by Schneider would empower federal law enforcement to better monitor and stop domestic extremist violence

Today, legislation introduced by Congressman Brad Schneider (IL-10) to address the threat of domestic terrorism passed the House Judiciary Committee by a vote of 24-2. The Committee’s markup and bipartisan vote reports H.R. 5602, the Domestic Terrorism Prevention Act of 2020, out of the House Judiciary Committee.

“The rising tide of domestic terror across our country, particularly from violent far-right extremists and white supremacist organizations, demands a response from Congress,” said Schneider. “It is not enough to just condemn hate, we need to equip law enforcement with the tools needed to identify threats and prevent violent acts of domestic terrorism. The Domestic Terrorism Prevention Act improves coordination between our federal agencies and makes sure they are focused on the most serious domestic threats. I thank Chairman Nadler and Chairwoman Bass for their leadership on this issue and my colleagues on both sides of the aisle for supporting this legislation in markup. I look forward to building support for a vote by the full House as soon as possible.”

The Domestic Terrorism Prevention Act of 2020 would enhance the federal government’s efforts to prevent, report on, respond to, and investigate acts of domestic terrorism by authorizing offices dedicated to combating this threat; requiring these offices to regularly assess this threat; and providing training and resources to assist state, local, and tribal law enforcement in addressing it.

According to the Anti-Defamation League, in 2019, domestic extremists killed at least 42 people in the United States in 17 separate incidents. This number makes 2019 the sixth deadliest year on record for domestic extremist-related killings. Last year, a Trump Administration Department of Justice official wrote in a New York Times op-ed that “white supremacy and far-right extremism are among the greatest domestic-security threats facing the United States. Regrettably, over the past 25 years, law enforcement, at both the Federal and State levels, has been slow to respond.”

H.R. 5602 would authorize three offices, one each within the Department of Homeland Security (DHS), the Department of Justice (DOJ), and the Federal Bureau of Investigation (FBI), to monitor, investigate, and prosecute cases of domestic terrorism. The bill also requires these offices to provide Congress with joint biannual reports assessing the state of domestic terrorism threats, with a specific focus on white supremacists. Based on the data collected, H.R. 5602 requires these offices to focus their resources on the most significant threats..

H.R. 5602 also codifies the Domestic Terrorism Executive Committee, which would coordinate with United States Attorneys and other public safety officials to promote information sharing and ensure an effective, responsive, and organized joint effort to combat domestic terrorism. The legislation requires DOJ, FBI, and DHS to provide training and resources to assist state, local, and tribal law enforcement agencies in understanding, detecting, deterring, and investigating acts of domestic terrorism and white supremacy. Finally, H.R. 5602 directs DHS, DOJ, FBI, and the Department of Defense to establish an interagency task force to combat white supremacist infiltration of the uniformed services and federal law enforcement.

The Domestic Terrorism Prevention Act of 2020  has been endorsed by the following organizations: Anti-Defamation League, Arab American Institute, Bend the Arc: Jewish Action, Center for the Study of Hate & Extremism, Human Rights Campaign, Lawyers’ Committee for Civil Rights Under Law, The Leadership Conference on Civil and Human Rights, Muslim Advocates, NAACP, NAACP Legal Defense and Educational Fund, Inc., Sikh Coalition, Southern Poverty Law Center Action Fund, and Unidos. .

The legislation has more than 100 co-sponsors in the House. A Senate companion bill is led by Sen. Dick Durbin (D-IL).

Is Anyone Taking a Long Look at Gab Sterling, Voting Implementation Mgr for Georgia?

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His job was/is to supervise Georgia’s (new) voting system.

Gabriel Sterling in Georgia gives Trump a Joe McCarthy moment - Los Angeles Times

So, here are some tips (facts) to consider.

Remember that consent decree where signatures and voter registrations were not to be verified? It is said that this agreement was between Stacey Abrams and Brad Raffensperger. Actually, those two are the conspirators but on the decree itself, neither of them signed the agreement. In fact, the agreement has the inferred signatures of Bruce V. Spiva of Perkins Coie (the law firm that Hillary Clinton and the DNC hired that later hired Fusion GPS) and Vincent R. Russo of Robbins Ross Alloy Belinfante Littlefield, LLC (Office of the Georgia Attorney General, /Counsel for State Defendants).

Vincent Russo:

Vincent has been appointed as a Special Assistant Attorney General for the State of Georgia and regularly represents Georgia officials in voting rights and election litigation. He has also been tapped to represent the Governor and the Secretary of State of Georgia in matters before the Committee on Oversight and Reform in the U.S. House of Representatives, including inquiries by the Subcommittee on Civil Rights and Civil Liberties and the Select Subcommittee on the Coronavirus Crisis. Prior to joining the Firm, Vincent was the General Counsel for the Georgia Secretary of State’s Office, where he served as the chief legal counsel in the administrations of Brian Kemp and Karen Handel.

Vincent’s practice regularly involves issues at the intersection of law, politics, and public policy. He also has significant experience advising federal and state campaign committees, PACs, and other political organizations, including representing clients in investigations by the Federal Election Commission and the Georgia Government Transparency & Campaign Finance Commission. Vincent served as legal counsel to Georgia Governor Brian Kemp’s campaign committee in 2018. He is the General Counsel for the Georgia Republican Party and has represented the National Republican Congressional Committee in recent election cycles.

Josh Belinfante:

Outside of litigation, Josh has significant experience in in campaign finance and election law matters. He represents entities governed by federal and state campaign finance laws, including campaigns and political action committees.  He also has specific experience drafting laws governing Certificate of Need, gaming, the Georgia Lottery, restrictive covenants and non-compete agreements, and eminent domain.

Seems to have the hallmarks of a good ol boy network.

During Sterling’s time on the City Council, the city came under investigation by the Georgia Secretary of State’s office for possible violations in the way it ran an election. In 2016, the council approved the city running its own special election — rather than hiring the county to do it as usual — to fill a council vacancy. The election for the District 3 seat was held the same day as a county primary election, but at a separate polling place that was not within the district.

That confusing situation led to the state investigation about a possible polling place notice violation. But more than four years later, the case remains unheard by the State Election Board for unexplained reasons, a situation a local legislator once called “insane.” The case has dragged on so long that since it began, Sterling has left office, made the Fulton commission run, and joined the office that began the investigation.

Well not actually All good ol boys, as we have Jordan Fuchs, Deputy Secretary of State.

Fuchs was quoted in a Politico story in 2019 that reported a variety of groups were concerned that “Raffensperger and his staff are pushing ahead with a $150 million plan to switch the state to new voting machines (Dominion Voting Systems) that an array of experts warn would be susceptible to hacking.” That story says that Fuchs “scolded the tea party-aligned group FreedomWorks, which also opposes the machines,” by telling them, among other things, that they did not “fully comprehend the climate of our state, the demands of our communities, or the objectives of this office.”

Another press release reported that Raffensperger had appointed Fuchs to “serve on the Board of Directors for the Electronic Registration Information Center (ERIC). Fuchs will serve as Georgia’s national representative within the organization’s governing body,” the release said.

“Our office has led the charge to reform Georgia’s elections with common-sense solutions that prioritize efficiency and promote integrity – and our immediate action to join ERIC was a major victory for all of Georgia’s voters,” said Fuchs. “I am honored to represent our state at the national level as we continue to aggressively pursue solutions that ensure a better experience at the polls for our voters and election officials alike.”

What is ERIC? “ERIC is a multistate partnership that uses a sophisticated and secure data-matching tool to improve the accuracy and efficiency of state voter registration systems. Through ERIC, states share voter registration information to improve the integrity of voter lists,” the release says. “The national non-profit uses cross-state data matches to flag voters who may have registered in multiple states, moved out of state, or passed away – alerting election officials so that they can update voter rolls accordingly, consistent with federal and state law.”

ERIC is a multistate partnership that uses a sophisticated and secure data-matching tool to improve the accuracy and efficiency of state voter registration systems. Through ERIC, states share voter registration information to improve the integrity of voter lists. The national non-profit uses cross-state data matches to flag voters who may have registered in multiple states, moved out of state, or passed away – alerting election officials so that they can update voter rolls accordingly, consistent with federal and state law. Exactly, how is that working out?)

“I have no doubt that Deputy Secretary Fuchs will continue to advance the best interest of our state and work with national stakeholders and industry leaders to make elections more secure, accurate, and accessible for every Georgia voter,” said Secretary Raffensperger.

Fuchs has been appointed as an ERIC board member for the 2019-2020 term and will continue to carry out her regular duties as Georgia’s Deputy Secretary of State for the duration.

A 2019 article by the Atlanta Journal-Constitution found that “the Georgia secretary of state’s office acknowledged…that a vendor had improperly redacted a purchasing document detailing security features of the state’s new $107 million voting system.” Fuchs is quoted in that article as saying, “Our new voting system, including new Poll Pads, are our most secure system to date.” The article notes that “the iPads will be provided by a company called KnowInk, which is working with Dominion Voting Systems to install the new voting technology statewide.” More here.

The consent decree is here. 

Now here is where it gets more interesting. The man who oversees Georgia’s voting system, Gabriel Sterling, negotiated a $200,000 per year contract for himself last year, quit his state government job and has worked as an independent contractor ever since.Under the arrangement, Sterling’s pay increased from his $114,000 government salary since November 2019, when he took on the role of project manager for the purchase and rollout of the state’s new voting equipment. State election officials say as a contractor, the government didn’t have to pay benefits, such as health insurance.

Sterling, a lifelong Republican, even drew praise from Democrats for his comments, and he received flowers and handwritten notes from voters across the country.

But his independent status prompted questions from state legislators and critics who have asked why oversight of the state’s voting machines is being managed outside Republican Secretary of State Brad Raffensperger’s payroll.

Just a month before the November general election, there was a panel discussion, hosted by Gab Sterling on Georgia voting rights and elections. Really? Yes and imagine the panel roster…..Vasu Abhiraman, an ACLU of Georgia policy counsel; Josh Belinfante, an attorney specializing in election law at the Robbins Law Firm; and Gabriel Sterling, the voting system implementation manager for Georgia Secretary of State and a former member of the Sandy Springs City Council. The discussion, called “Fair Voting: Make It Count,” as part of its “Live Learn Lead” series.

Oh, did you know that Georgia Secretary of State Raffensperger formed an election task force? Yup, the task force met weekly until the end of the year to “further the discussion on the election this Fall and to address the challenges in election administration.” Called, the Safe, Secure and Accessible Elections task force had bipartisanship and included figures such as Amb. Andrew Young, Georgia state NAACP President Rev. James Wooddall, and Carter Center CEO Paige Alexander. And, other members of the task force included Republican former U.S. Rep. Lynn Westmoreland, ACLU of Georgia counsel Vasu Abhiraman, Georgia Chamber of Commerce President and CEO Chris Clark, Georgia Tech professor Angelos Keromytis, MIT professor Charles Stewart, Center for Election and Innovation Research Founder and Executive Director David Becker, Jake Evans, the chairman of the Georgia chapter of the Republican National Lawyers Association, Bartow County Elections Supervisor Joseph Kirk, DeKalb County Director of Voter Registration and Elections Erica Hamilton, Cobb County Director of Elections and Registration Janine Eveler, Fulton County Elections Director Rick Barron, Monica Childers of VotingWorks, as well as Sec. Raffensperger and Deputy Secretary of State Jordan Fuchs.

“Our teams are keeping Georgia voters the focal point of all of our elections,” Raffensperger said in a statement. “I am grateful that these leaders, from various professional and ideological backgrounds, are coming together to help meet that goal; not just for this election, or the next, but for elections in years to come. Improving the integrity of our elections and increasing voter confidence in their outcomes is vital.”

Thoughts?

 

Los Angeles Deputy District Attorneys Suing Their Boss, DA Gascón

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Primer – Officers of the Court: any person who has an obligation to promote justice and effective operation of the judicial system, including judges, the attorneys who appear in court, bailiffs, clerks, and other personnel. As officers of the court lawyers have an absolute ethical duty to tell judges the truth, including avoiding dishonesty or evasion about reasons the attorney or his/her client is not appearing, the location of documents and other matters related to conduct of the courts.

San Francisco District Attorney George Gascón Resigns | KQED

DA George Gascon is and was supported by BLM along with more than $19 million has been pumped into the contentious Los Angeles County district attorney race, with donors lining up on opposing sides of a stark ideological divide between incumbent Jackie Lacey and challenger George Gascón.

Spending in the race intensified a few weeks before Election Day, when New York billionaire George Soros and Bay Area philanthropist Patty Quillin combined to put millions of dollars behind Gascón. Quillin’s husband, Netflix CEO Reed Hastings, has also helped Gascón maintain a commanding fundraising lead over Lacey, who has support from law enforcement unions up and down the state.

In the weeks before the general election, donations from Gascón’s supporters – including $3.4 million from the criminal justice reform group Color Of Change – helped the challenger take a large fundraising lead.

LATimes:The union representing Los Angeles County deputy district attorneys on Wednesday sued Dist. Atty. George Gascón, alleging that the dramatic changes he has brought to the nation’s largest prosecutorial office have defied state law and forced rank-and-file prosecutors to violate their oaths of office.

The lawsuit is the most public expression yet of the pushback Gascón has fielded from within his own office since being sworn in Dec. 7. It focuses on his so-called special directives that ordered his deputies to forgo sentencing enhancements.

The union, which represents about 800 prosecutors, is seeking a court order that would compel Gascón to rescind the directives and declare them “invalid and illegal,” as well as a temporary restraining order that would bar Gascón and his administration from enforcing the directives.

Gascón’s policies have “placed line prosecutors in an ethical dilemma — follow the law, their oath, and their ethical obligations, or follow their superior’s orders,” wrote the union’s lawyer, Eric M. George.A spokesman for Gascón had no immediate comment on the lawsuit.

On his first day in office, Gascón announced his deputies would no longer seek enhancements that — if proved — lengthen defendants’ prison sentences under certain circumstances, such as if they committed a crime to a gang’s benefit or if they had a criminal history.

Initially, the prohibition extended to enhancements for hate crimes, sex trafficking, financial crimes and elder and child abuse, but Gascón has since modified his directives to allow such enhancements. His deputies are still barred from seeking enhancements for prior strikes, committing a crime that benefits a gang, using a firearm and any special circumstance allegation that would send a defendant to prison for life without parole.

The union argues that prosecutors should pursue or forgo sentencing enhancements using “case-by-case discretion,” basing their decisions on the circumstances of a crime and a defendant, not “rubber stamp blanket prosecutorial policies barring the wholesale enforcement of criminal laws.”

The union asserts that Gascón’s prohibition on enhancements for prior strikes violates the state’s three strikes law, which, in the union’s view, requires prosecutors to seek longer sentences for defendants with previous convictions. Gascón “enjoys wide — but not limitless — discretion,” George wrote; he may believe such enhancements do not protect public safety, but he has no authority to circumvent lawmakers and legislate “by fiat,” the lawsuit says.

Gascón has said he was elected with a mandate to overhaul an outdated, heavy-handed approach to law and order that hasn’t proved effective in protecting the public. He promised during the campaign to no longer charge gang enhancements, which have come under scrutiny after several Los Angeles Police Department officers were charged over the summer with falsifying records that misrepresented people they had stopped as gang members and associates.

In a statement released by Stanford’s Three Strikes Project, the program’s director, Michael Romano, and two other law professors said the California Supreme Court has held that district attorneys have “complete authority” to enforce state laws within their jurisdiction.

Romano, Erwin Chemerinsky, the dean of UC Berkeley Law School, and David Mills, a professor at Stanford Law School, said in the statement that Gascón’s policies will make Los Angeles safer and reduce “epidemic” levels of incarceration. The union’s lawsuit, they added, “is more reflective of their longstanding opposition to reform and the will of millions of Angelenos than it is the legality of DA Gascón’s directives.”

The union also contends that Gascón, a local executive branch official, is encroaching on the authority of the courts in ordering his deputies to move to withdraw enhancement allegations. If a judge refuses those motions — as several have in recent weeks — line prosecutors have been instructed to file new charging documents without the enhancements. In doing so, the union argues, the district attorney’s office is making an end-run around the courts’ authority.

This scenario played out in a downtown Los Angeles courtroom Monday. A deputy district attorney, reading from a script, said he was seeking to dismiss enhancement allegations in a murder case against a defendant for belonging to a gang and using a firearm. When the judge denied the motion, the prosecutor said he would file new charges without the enhancements.

“I’m not going to accept an amended information,” Judge Mark S. Arnold said. “Legally, there’s no justification. There’s no defect.”