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                                                                                                 U.S. NEWS Thursday 6 February 2020
            California pardons


            gay civil rights leader


            in new initiative



            By DON THOMPSON              fender  before  returning  to
            Associated Press             his home state of New York.
            SACRAMENTO,  Calif.  (AP)  He died in 1987.
            — A civil rights leader who  Newsom  noted  that  po-
            was  gay  and  a  confidant  lice  and  prosecutors  na-
            of  Dr.  Martin  Luther  King  tionwide  at  the  time  used
            Jr.  was  posthumously  par-  charges  like  vagrancy,  loi-   This Dec. 14, 1970, file photo shows civil rights leader Bayard
            doned  by  California  Gov.  tering and sodomy to pun-    Rustin at the New York Hilton.
            Gavin  Newsom,  who  also  ish  lesbian,  gay,  bisexual,                                          Associated Press
            announced      Wednesday  transgender  and  queer
            what  may  be  the  nation's  (LGBTQ) people.             associations  and  relation-  Legislature's  LGBTQ  and
            first  process  for  forgiving  He issued an executive or-  ships."                    black  caucuses  asked  the
            those convicted under out-   der  creating  a  new  initia-  Equality   Federation   ex-  Democratic  governor  to
            dated  laws  punishing  ho-  tive  to  identify  those  who  ecutive  director  Rebecca  pardon Rustin.
            mosexual activity.           might  be  eligible  for  par-  Isaacs   and   Movement  Rustin's  close  friends  knew
            Bayard  Rustin  was  a  key  dons  and  swiftly  consider  Advancement  Project  re-   he was gay, but his religious
            organizer  of  the  March  on  those applications.        search   director   Naomi  and political associates dis-
            Washington  in  1963  where  Rustin  "is  far  from  alone,"  Goldberg  said  it  appears  tanced themselves after his
            King  gave  his  seminal  "I  Newsom  said  in  the  order.  Newsom's  is  the  first  such  arrest, Sen. Scott Wiener of
            Have  a  Dream"  speech.  He  encouraged  others  in  clemency  effort  in  any  San  Francisco  and  Assem-
            He  also  helped  plan  other  similar  circumstances  "to  state.                     blywoman  Shirley  Weber
            nonviolent  protests  and  seek a pardon to right this  "California's  new  initiative  told  Newsom  on  behalf  of
            boycotts to end racial dis-  egregious wrong."            gives them a path to clear  the caucuses.
            crimination.                 "Countless others in Califor-  their names," Isaacs said in  "Generations  of  LGBT  peo-
            Newsom  pardoned  Rustin  nia,  as  well  as  around  the  a statement.                ple  —  including  countless
            for  his  arrest  in  1953  when  country, have experienced  Newsom  first  gained  na-  gay men — were branded
            he  was  found  having  sex  similar unequal application  tional  prominence  in  2004  criminals and sex offenders
            with  two  men  in  a  parked  of the law because of stig-  when,  as  San  Francisco's  simply  because  they  had
            car in Pasadena, where he  ma,  bias  and  ignorance,"  mayor, he ordered officials  consensual  sex,"  Wiener
            was  appearing  as  part  of  Newsom  said.  "His  convic-  to  issue  marriage  licenses  said  in  a  statement  prais-
            a lecture tour on anti-colo-  tion  is  part  of  a  long  and  to  same-sex  couples.  The  ing Newsom's actions. "This
            nial struggles in West Africa.  reprehensible  history  of  a  practice  was  overturned  was  often  life-ruining,  and
            Rustin served 50 days in Los  criminal prohibitions on the  then  but  eventually  be-  many  languished  on  the
            Angeles  County  jail  and  very  existence  of  LGBTQ  came the law nationwide.       sex offender registry for de-
            had to register as a sex of-  people  and  their  intimate  Last  month,  the  California  cades." q


            Prosecutor seeks end to lawsuit over fake subpoenas



            By KEVIN McGILL              suits  over  practices  under-  filed  in  2017  by  the  Civil  nas,  challenges  aspects
            Associated Press             taken as part of their "pros-  Rights Corps and the Amer-  of the district attorney's of-
            New  Orleans  (AP)  —  New  ecutorial function."          ican  Civil  Liberties  Union.  fice's  use  of  "material  wit-
            Orleans  prosecutors  used  It  was  unclear  when  the  Last  year,  a  federal  judge  ness"  warrants  that  can
            to  issue  fake  subpoenas  three-judge  panel  of  the  agreed  that  prosecutors  lead to the jailing of unco-
            to  threaten  uncoopera-     5th U.S. Circuit Court of Ap-  had  immunity  from  some  operative witnesses.
            tive witnesses with jail time,  peals would rule, but panel  of its claims. But U.S. District  The  lead  plaintiff  said  she
            and  the  district  attorney  members  sounded  clearly  Judge  Jane  Triche  Milazzo  was  jailed  after  declining
            there  says  they  can't  be  skeptical as W. Raley Alford  allowed much of the suit to  to  pursue  charges  against
            sued  for  the  deception  III, attorney for the prosecu-  continue,  saying  some  of  a  man  who  shattered  her
            — but a panel of appeals  tors, made his case.            the claims "shock the con-   cellphone  during  a  fight.
            judges appeared skeptical  "Threat  of  incarceration  science."                       Cannizzaro's   office   re-
            Wednesday.                   with  no  valid  premise?"  Katherine       Chamblee-     sponded  to  that  part  of
            Civil  liberties  advocates  Judge  Jennifer  Elrod  said  Ryan,  an  attorney  for  the  the  complaint  by  saying
            have  sued  District  Attor-  at  one  point  during  ar-  Civil  Rights  Corps,  told  the  the woman was legally in-
            ney  Leon  Cannizzaro  and  guments.  She  later  drew  panel  that  by  using  docu-  carcerated  after  avoiding
            members  of  his  staff  over  laughter  from  some  in  the  ments  falsely  labeled  as  legitimate court-issued sub-
            a  practice  that  ended  in  audience  when  she  said,  subpoenas,    Cannizzaro's  poenas.  Cannizzaro  also
            2017.  The  so-called  sub-  "This  argument  is  fascinat-  staffers stepped into a role  has  said  the  warrants  are
            poenas had not been ap-      ing."                        reserved for judges.         rarely used to arrest victims
            proved  by  a  judge,  as  re-  "These  are  pretty  serious  The  lawsuit  was  filed  amid  of  domestic  violence  or
            quired, and thus carried no  assertions of authority they  public   complaints   that  sexual crimes.
            actual threat of jail time.  did  not  have,"  said  Judge  Cannizzaro's  office  some-  Cannizzaro  is  nearing  the
            Lawyers for the prosecutors  Leslie   Southwick,   who  times  sought  to  jail  crime  end  of  his  second  six-year
            asked  a  federal  appeals  heard  arguments  with  El-   victims who would not co-    term  as  district  attorney.
            court Wednesday to throw  rod  and  Judge  Catharina  operate  with  prosecutions.  He has not said whether he
            out  the  lawsuit,  arguing  Haynes.                      The  lawsuit,  in  addition  to  will  run  for  re-election  this
            that they are immune from  The  lawsuit  at  issue  was  targeting  phony  subpoe-     year.q
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