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Illinois school faces criminal DOJ referral after allegations of forcing girls to change with trans student

Illinois school faces criminal DOJ referral after allegations of forcing girls to change with trans student

Fox News08-04-2025

FIRST ON FOX: The Illinois school district that faced national scrutiny for allegations of forcing middle school girls to change in the same locker room as a transgender student has been referred to the Department of Justice.
The law firm America First Legal (AFL) made the criminal referral of the district Deerfield Public Schools 109 to the DOJ on Tuesday, urging the department to investigate the district and middle school where the allegations occurred for potential violations of federal and state law.
AFL alleged the district violated Code § 241, also known as the "Conspiracy against rights" statute, which makes it a federal crime for two or more people to conspire to injure, oppress, threaten, or intimidate any person in the free exercise or enjoyment of any right or privilege secured by the Constitution or laws.
"We ask that your office promptly open a directed criminal investigation into the allegations in the complaint for violations of § 241, take all actions necessary," the complaint reads.
AFL senior counselor Ian Prior advocated for a criminal investigation in a statement.
"The situation at Deerfield Public Schools has gone beyond a Title IX violation and has escalated to a situation that requires the Department of Justice's Civil Rights Division to launch a criminal investigation. Students should not have their First, Fourth, and Fourteenth Amendment Rights sacrificed at the altar of radical transgender madness and the woke government bureaucrats that view the Constitution as nothing more than toilet paper should face the long arm of our Justice Department," Prior said.
The U.S. Department of Education's Office of Civil Rights announced in late March that it was launching an investigation into the Illinois Department of Education, the Chicago Public School District 299 and Deerfield Public Schools District 109 over reported Title IX violations.
Illinois mother Nicole Georgas brought the situation to light when she filed a civil rights complaint with the Justice Department after alleging that school administrators had attempted to force her 13-year-old daughter to change in front of a transgender student in the girls' locker room last month.
Georgas told Fox News Digital on Tuesday that she is "praying" for her daughter and justice amid the request for an investigation.
"I am praying for justice for Cate and all the girls whose rights have been so callously disregarded," Georgas said.
Georgas revealed the complaint during a Board of Education meeting for Deerfield Public School District 109 last week, claiming the incident took place last month after her daughter had refused to change into her uniform during physical education because a biological male student had been present at the time.
"The girls want their locker rooms and bathrooms back. They want their privacy back. This is why I'm here tonight. My 13-year-old daughter's well-being, mental health and privacy are at stake," Georgas said during her speech at the board meeting on Thursday.
Georgas then raised the issue to the school's administration, noting to them that she believed it was a direct violation of President Donald Trump's Keeping Men out of Women's Sports executive order. She said in her speech that the school administration had informed her that, under the direction of its legal counsel, the transgender student was free to use both the girls' bathroom and the girls' locker room
Fox News Digital has reached out to DPS 109 for comment.
The district previously provided a statement to Fox News Digital in response to the DOE investigation.
"Deerfield Public Schools District 109 complies with state law. The Illinois Human Rights Act prohibits all public school districts from discriminating on the basis of sex, including gender identity, and mandates that students must be permitted access to the locker room and bathroom that aligns with their gender identity," the statement read.
"We are sensitive to the privacy needs of all of our middle school students and ensure that no student is required to change into a gym uniform for physical education class in front of others. When both our middle schools were renovated in 2017, we added five private changing stations within each locker room that are available to all students. All students also have multiple options to change in a private location separate from the locker room if they wish."
The district also said it will work with local families to determine next steps.
"The District and the Board are united with our leaders and educators on this issue and have a shared commitment to upholding the law," the statement continued.
"The District and the Board call upon all of those expressing concerns or perspectives on this issue with our staff and educators to do so in a respectful and civil manner. We are glad to work with families to address any individual concerns and determine appropriate next steps to support your child's well-being and participation."
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Morning Report — Trump dismisses Democratic second guessing
Morning Report — Trump dismisses Democratic second guessing

The Hill

timean hour ago

  • The Hill

Morning Report — Trump dismisses Democratic second guessing

Editor's note: The Hill's Morning Report is our daily newsletter that dives deep into Washington's agenda. To subscribe, click here or fill out the box below. Thank you for signing up! Subscribe to more newsletters here In today's issue: President Trump's Justice Department today will argue in a federal district court that California Gov. Gavin Newsom (D) has no legal standing to second-guess the president's decision to use the military to protect federal immigration agents in Los Angeles from demonstrators. The governor, who sued this week to try to block Trump's mobilization of 4,000 National Guard members and 700 Marines in his state, wants a temporary restraining order that would limit military forces to guarding federal buildings — with no other law enforcement activity. The New York Times: The Justice Department filed a 29-page brief outlining its view of Trump's expansive authority. Newsom, who is coordinating with Los Angeles and state law enforcement to try to suppress civil unrest and disperse protesters opposed to federal Immigration and Customs Enforcement (ICE) raids that began last week, is the face of Democratic resistance and repeatedly denies GOP assertions that California protects criminals. 'I have coordinated and collaborated with ICE for six years,' Newsom told The Wall Street Journal during an interview this week. 'I have transferred over 10,500 individuals into ICE custody, over the objections of my legislature.' The governor, a potential 2028 presidential candidate, argues the administration barreled into California eager to stage partisan political theater with immigration as the script. 'When people are lawfully playing by the rules and coming for court hearings and you're deporting them, that crosses a line,' he told the Journal. The tensions between the White House and the most populous blue state quickly ensnared Los Angeles Mayor Karen Bass (D), who is seeking reelection and insists there is zero tolerance for rioters, property destruction and violence. A curfew she imposed that quieted her city Tuesday and Wednesday will remain in place, but she urged the administration to voluntarily cease Los Angeles ICE raids. The White House has rejected that idea. 'We are stuck in this no-man's-land of not having any idea when the policy will end,' she said at a Wednesday news conference. ▪ The Hill: Bass has been thrust back into the hot seat amid LA unrest. ▪ The New York Times: Authorities arrested 700 people in seven cities, including in New York City and Chicago, between Friday and Wednesday. Most arrests occurred in Los Angeles. What are the charges? As demonstrations against ICE and Trump spread across the country, states' strategies vary. In Georgia, for example, the attorney general warned Wednesday that protesters who 'engage in violence to change public policy' could be charged with domestic terrorism. In Texas, Republican Gov. Greg Abbott, a Trump ally in a border state, called up Texas National Guard troops to San Antonio and Austin in anticipation of protests against federal deportation raids. 'Peaceful protest is legal,' the governor posted on social media. 'Harming a person or property is illegal & will lead to arrest.' Defense Secretary Pete Hegseth told senators during a Wednesday hearing that the same legal grounds the Pentagon used to send Marines and National Guard troops to LA could be employed in other cities 'if there are riots in places where law enforcement officers are threatened.' 👉 Meanwhile, the Department of Homeland Security on Wednesday released an Uncle Sam poster asking people to become informants and report 'all foreign invaders' to ICE, referencing 'criminal activity' and including a phone number, The Los Angeles Times reports (with the image). SMART TAKE with NewsNation's BLAKE BURMAN Rep. Nancy Mace (R-S.C.) and Rep. Brandon Gill (R-Texas) co-introduced the Lawless Cities Accountability Act in Congress. The bill would withdraw federal funds from cities that don't stop violent unrest or don't accept help from federal law enforcement. 'We have to use the tools in our toolbox to ensure that our mayors and our governors, like Gavin Newsom, are following the law in this country because if we don't have laws, we're not a country at all,' Mace told me. But will Republicans back measures like this? Of the more than 9.7 million people who live in Los Angeles County, more than 1.1 million people voted for President Trump in 2024. When I brought up the potential threat of funding to Rep. Jay Obernolte (R-Calif.) earlier this week, he warned not to 'lump everyone in California in with the actions of a few leaders.' Burman hosts 'The Hill' weeknights, 6p/5c on NewsNation. 3 THINGS TO KNOW TODAY: ▪ It will cost less than $400 million to turn a luxury Qatari jet into Trump's new Air Force One, the U.S. Air Force estimates. ▪ FBI leadership is pushing to move one of the bureau's elite training academies from Quantico, Va., to Huntsville, Ala. ▪ U.S. inflation remains muted, according to the consumer price index. LEADING THE DAY © The Associated Press | Andy Wong TARIFF DEALS: Trump said Wednesday his administration reached a tentative agreement on a trade truce with China following talks between the two sides in London. The president's announcement was light on details but gave Trump and his team the chance to tout a victory during a crucial stretch for his trade agenda. As part of the agreement, China will supply 'full magnets, and any necessary rare earths,' the president said on Truth Social. Rare earths had been a key sticking point in negotiations, and China cut off much of its exports to the U.S. and Europe. Still, China is putting a six-month limit on rare-earth export licenses for U.S. automakers and manufacturers, The Wall Street Journal reports, preserving leverage if trade tensions flare up again. It was also unclear whether the agreement reached this week was substantively different from the initial truce the U.S. and China struck in May following discussions in Geneva. Trump indicated the U.S. would impose 55 percent tariffs on Chinese goods, while China would impose a 10 percent tariff on U.S. products. The announcement comes after top Trump economic officials met in London with their Chinese counterparts. Meanwhile, Treasury Department Secretary Scott Bessent said Wednesday before the House Ways and Means Committee that the 90-day pause on 'reciprocal' tariffs could be extended even further for countries willing to negotiate with the U.S. 'There are 18 important trading partners. We are working toward deals on those, and it is highly likely that those countries — or trading blocs, as in the case of the EU — who are negotiating in good faith, we will roll the date forward to continue good-faith negotiations,' Bessent said. 'If someone is not negotiating, then we will not.' Rep. Don Beyer (D-Va.) knocked Trump on Wednesday over the tariff extension. 'Does it smell like TACOs in here to anyone else?' Beyer posted on social platform X, using an acronym for 'Trump Always Chickens Out' — a pejorative phrase used by critics to describe Trump's trade policy. ▪ CNBC: U.S. tariffs on China won't change again, Commerce Secretary Howard Lutnick says after trade talks. ▪ Bloomberg News: China found the world's pain point on trade — and will use it again. MEGABILL: Senate Republicans indicated on Wednesday they are prepared to reduce the size of a key tax deduction in Trump's 'big, beautiful bill' that was backed by moderates in the House, setting up a battle within the GOP over the divisive issue. The fight had long been expected, but the solidifying of the plan in the upper chamber threatens to delay progress on the bill and raises further questions about meeting the GOP's self-imposed July 4 deadline. Multiple senators told The Hill's Mychael Schnell and Al Weaver that the chamber appears ready to chop down the $40,000 state and local tax deduction cap, which was painstakingly negotiated between Speaker Mike Johnson (R-La.) and House GOP moderates from New York, New Jersey and California who have warned not to touch it. 'There was never a number specifically discussed other than the House's [$40,000] — and it's a lot,' Sen. Kevin Cramer (R-N.D.) told reporters. 'No surprise that there's an interest in reducing it.' ▪ The New York Times: GOP senators are considering whether to further curb the president's favorite tax cuts as they rewrite key portions of the sprawling domestic agenda bill passed by the House. ▪ The Hill: More than half of voters oppose Trump's domestic policy bill, according to a Quinnipiac University poll released Wednesday. ▪ NOTUS: Democrats are trying to capitalize on Republican regrets to block the rescissions package. ▪ The Hill: Senate Republicans on Wednesday rolled out a suite of proposed changes to the Supplemental Nutrition Assistance Program (SNAP) as a key component of Trump's 'big, beautiful bill.' WHERE AND WHEN ZOOM IN © The Associated Press | Rod Lamkey, Jr. VACCINES: Health and Human Services Secretary Robert F. Kennedy Jr. has put Sen. Bill Cassidy (R-La.), a physician, in a political bind, squeezed by his loyalty to Trump and commitment to medicine. By firing every member of Center for Disease Control and Prevention's 17-person independent vaccine advisory panel, Kennedy seemingly ignored one of the key promises Cassidy claims he extracted from the longtime anti-vaccine activist before casting the deciding vote on his confirmation. It's not the first time Kennedy has walked up to and possibly over one of Cassidy's red lines, writes The Hill's Nathaniel Weixel, but the second-term Louisiana senator and medical doctor chose not to confront him. The continued deference to Kennedy shows the political calculations Cassidy is making as he runs for reelection. Robert Hogan, department chair and political science professor at Louisiana State University, said it seems clear that Kennedy is playing Cassidy for a fool — but that won't matter to GOP primary voters. 'You would think that that would hurt him electorally, but … I think ultimately, what could have hurt him is if he had stuck with his professional standards and the standards of the medical community' and spoken out against Kennedy, Hogan said. ▪ The Hill: Kennedy included vaccine misinformation spreaders among his newly announced vaccine panel members. ▪ The New York Times: Party politics is said to have played a role in Kennedy's firing of vaccine advisers. The health secretary cited financial conflicts, but some said he was also concerned about ties to Democrats. SANCTUARY CITIES: A trio of high-profile Democratic governors are set to take center stage on Capitol Hill today in what is likely to be a contentious hearing on sanctuary states. Republicans on the House Oversight and Government Reform Committee are expected to grill Govs. Tim Walz of Minnesota, Kathy Hochul of New York, and JB Pritzker of Illinois over their states' status as sanctuary states while unrest rages in California over Trump's immigration policies. However, Thursday's hearing will also present a test for the three governors as Pritzker and Walz have been floated as potential 2028 presidential contenders and Hochul faces reelection in 2026. ▪ The Hill: Democratic National Committee Vice Chair David Hogg announced Wednesday that he would be forgoing reelection for his spot in the committee after DNC members voted to redo the vice chair election of Hogg and Pennsylvania state Rep. Malcolm Kenyatta. ▪ The Hill: The Trump administration is moving to ax all climate rules alongside Biden-era and pollution rules for power plants. ▪ The Hill: All members of the Fulbright Foreign Scholarship Board resigned Wednesday, citing alleged political interference by members of the Trump administration. ▪ The Washington Post: The ways the federal government is stressing out your child's public school. ▪ The Hill: A district judge ruled Wednesday that Mahmoud Khalil, a green card holder and former Columbia University pro-Palestinian activist, can no longer be detained by the federal government over claims he is compromising foreign policy. HUSH MONEY CASE: A three-judge appeals court panel heard arguments Wednesday in Trump's bid to move his New York criminal conviction to federal court, which would give him a new pathway to attempt to toss the jury's guilty verdict on immunity grounds. ▪ The Hill: The Trump administration's travel ban presents a complex case for immigration advocates who have challenged multiple iterations of the president's efforts to close the door to the U.S. for certain foreigners. ▪ CNN: Trump has broad authority to revoke protected land designated as national monuments by past presidents, the Justice Department said in a new legal opinion. ELSEWHERE © The Associated Press | Rod Lamkey Jr. UKRAINE DIVISION: Republican senators sharply questioned Defense Secretary Pete Hegseth on Wednesday over the Trump administration's effort to end Russia's three-year invasion of Ukraine, moving into public view an ideological divide within the party. Sen. Mitch McConnell (Ky.) — one of three Republicans to oppose Hegseth's confirmation — led the criticism at a Senate budget hearing. 'America's reputation is on the line,' McConnell said. 'Will we defend Democratic allies against authoritarian aggressors?' When McConnell asked who the aggressor was, Hegseth replied, 'Russia is the aggressor.' But the secretary sidestepped a question about who he wants to win the war and said only that Trump is committed to peace. Meanwhile, Joint Chiefs of Staff Chair Gen. Dan 'Razin' Caine told senators Wednesday that he did not believe Russian President Vladimir Putin will stop at Ukraine if he succeeds in overtaking the country, a marked contrast to Trump's typical ambiguity on the question. 🚨 IRAN: Israel is considering taking military action against Iran — most likely without U.S. support — in the coming days. The White House is in advanced discussions with Tehran about a diplomatic deal to curtail its nuclear program, NBC News reports. One major concern is the possibility of Iran retaliating against U.S. personnel or assets in the region for any action. Details about the Israeli discussions came out before the International Atomic Energy Agency's board of governors for the first time in 20 years formally found that Iran isn't complying with its nuclear obligations. In response, Tehran announced it will establish a new uranium enrichment facility. The U.S. began evacuating nonessential staff from the embassy in Iraq and family members of military personnel from several bases in the Gulf. Why? Iran has threatened to launch missiles against U.S. military bases in the region in retaliation for any attack on Iran's nuclear facilities. 'It could be a dangerous place, we'll see what happens,' Trump told reporters Wednesday night ahead of a crucial round of nuclear negotiations between Washington and Tehran. 'Iran cannot have a nuclear weapon. We won't allow it.' ISRAEL AND SYRIA: Israeli Prime Minister Benjamin Netanyahu told U.S. envoy Tom Barrack that he is interested in negotiating with the new government in Syria, Axios reports, with the U.S. serving as mediator. The talks would be the first of their kind between Israel and Syria since 2011. ▪ BBC: Mike Huckabee, the U.S. ambassador to Israel, said that it should be up to 'Muslim countries' to build a Palestinian state on their territory instead of in Gaza or the occupied West Bank. ▪ Reuters: The United Nations General Assembly will vote today on a draft resolution that demands an immediate, unconditional and permanent ceasefire in the war in Gaza. ▪ CNN: An Air India passenger plane crashed shortly after takeoff in India's western city of Ahmedabad. OPINION ■ Sherrill's race for New Jersey governor points the way for Democrats, by Karen Tumulty, columnist, The Washington Post. ■ I'm a vaccine expert. Here's what keeps me up at night about Kennedy's policies, by Michael Mina, guest essayist, The New York Times. THE CLOSER © The Associated Press | Mead Gruver Take Our Morning Report Quiz And finally … It's Thursday, which means it's time for this week's Morning Report Quiz! Intrigued by the latest international trade trends, we're eager for some smart guesses about lanthanides. Be sure to email your responses to asimendinger@ and kkarisch@ — please add 'Quiz' to your subject line. Winners who submit correct answers will enjoy some richly deserved newsletter fame on Friday. China cornered the market on what valued material? What state is home to the only U.S. facility that mines lanthanides? Are ALL lanthanides mined on Earth actually rare and scarce? Which of these U.S. industries is most dependent on lanthanides? Stay Engaged We want to hear from you! Email: Alexis Simendinger (asimendinger@ and Kristina Karisch (kkarisch@ Follow us on social platform X: (@asimendinger and @kristinakarisch) and suggest this newsletter to friends.

Ohio ‘state to watch' for U.S. constitutional convention measures, concerned advocates say
Ohio ‘state to watch' for U.S. constitutional convention measures, concerned advocates say

Yahoo

timean hour ago

  • Yahoo

Ohio ‘state to watch' for U.S. constitutional convention measures, concerned advocates say

Stock photo from Getty Images. Ohio is one of the states where legislators are pushing for conventions that could make constitutional amendments related to term limits and other issues, but advocates are concerned about the free-for-all that could result. These measures have garnered strong opinions on both sides of the issue. Opponents, going back to James Madison, say constitutional conventions are risky because of their lack of regulation once a convention is called. This could allow for uncontrolled power-grabs that could result in amendments that may not be popular with the general public. The U.S. Constitution can be amended in two ways: through Congress with amendments passed with two-thirds support of each chamber and then sent to the states for ratification; or through a constitutional convention invoked by Article V. Article V is silent about rules and regulations once a convention is called. In order to call a convention, two-thirds of states, or 34 of the 50, would have to pass their own resolutions applying for a constitutional convention for a certain purpose. Past applications by states have aimed to force the federal government to balance their budget, but no such convention has happened in the history of the United States. Recently, however, the draft of a lawsuit has been circulating to attorneys generals in some states, looking to make the convention happen based on a legal argument that applications from states — no matter the purpose or age of the request — can be combined and counted toward the 34 needed to bring about a constitutional convention, according to critics of the move. 'This is literally a rewrite of our Constitution,' said Viki Harrison, policy director for civil rights and civil liberties with Common Cause, a nonpartisan voting rights advocacy and government watchdog group with branches all over the country. 'There would be nothing safe, there would be no guardrails.' Ohio has seen out-of-state interest in their measures, in what Common Cause Ohio's Catherine Turcer called a 'full-court press' this year of legislation and movement to see passage. Former Pennsylvania Senator Rick Santorum appeared in March to support Senate Joint Resolution 3 in the Ohio Senate General Government Committee, and Florida Gov. Ron DeSantis came to Ohio to support House Joint Resolution 3. 'It is very clear that Ohio is a focus of moving an Article V convention, that it is in fact a priority, and we are a state to watch,' Turcer said in a media briefing with other Common Cause branches. Santorum spoke on behalf of Convention of States Action, an advocacy group pushing for support of a constitutional convention, arguing that America's founders included the option of a constitutional convention 'to give the states a way to counteract the federal government if it became abusive with its powers.' Convention of States Action said 19 states have passed resolutions for a constitutional convention, and 'we hope to see Ohio become state number 20,' according to state media liaison Diana Telles. DeSantis argued that without term limits in Congress, 'incentives to do really good policy are just skewed away,' making a constitutional amendment necessary. The resolution DeSantis came to support, HJR 3, specifically applies for a convention of the states to institute congressional term limits. The measure and its Senate counterpart, SJR 6, look to piggyback on a 1992 amendment to the Ohio Constitution that instituted term limits for Ohio's members in Congress of two successive six-year terms in the U.S. Senate and four two-year terms in the U.S. House. Those term limits aren't being enforced because of a U.S. Supreme Court ruling in 1996 that 'the states have no authority to change the qualifications for members of Congress,' according to an analysis of HJR 3 done by the Legislative Service Commission. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX While the resolutions spell out the necessary number of states needed to call a convention, they also point out that the Constitution 'does not specify how a convention to propose amendments to the U.S. Constitution must be conducted or how its delegates are to be chosen.' 'Further, the Constitution does not indicate whether the states that apply for a convention may limit the scope of amendments the convention is to propose,' the HJR 3 and SJR 6 resolution analyses state. While term limits are attractive to many Americans, the opposition to constitutional conventions has less to do with the specific issues and more to do with the freedom convention attendees would have if it takes place. 'Whether you like term limits or not, (the problem is) the mechanism to get it,' Harrison said. As for the other convention request currently working its way through the Ohio legislature, HJR 2 and its companion, SJR 3, also want to see a convention that touches on term limits, but go further, looking at amendments 'that impose fiscal restraints on the federal government' and 'limit the power and jurisdiction of the federal government.' These measures go into more detail about the purported method through which conventions are formed, while also noting Congress 'does not have power beyond calling the convention and setting a reasonable time and place.' The Ohio bills name the state legislatures as authority-bearers when it comes to naming delegates to the convention, instructing delegates, and recalling delegates for 'breach of a duty or a violation of the instructions provided.' All four resolutions have seen hearings in their committees, but no votes have been cast on the measures yet, possibly because the legislature has had the main priority of passing a state operating budget by the end of June. Some states have been working to repeal resolutions that requested a convention, which, according to Georgetown University law professor David Super, could be the reason a lawsuit to combine existing resolutions is being floated. 'Congress decided long ago that it can only count applications together when they're for the same purpose,' Super said, in the media briefing with Common Cause. The Ohio resolutions on term limits specify that the application 'is valid only for the purpose of a convention that is limited to considering congressional term limits,' and say it 'should be aggregated with other state applications for a convention on term limits, but not with any applications on any other subject.' The resolutions focused on federal fiscal responsibility say the measures are only valid if combined 'with other applications from state legislatures that call for a convention for substantially the same purpose.' Telles said the movement for a constitutional convention would be for all of these issues. From the Convention of States Action point of view, 'it is necessary to address all of these areas, not just term limits or a balanced budget.' 'State amending conventions to propose amendments are a safe, civil and constitutional way for the states to flex their muscle and affect real change in Washington, D.C.,' Telles said. 'It's clear Washington is not going to fix itself.' Even if the lawsuit is filed – it's still just a draft at this point – Super said previous cases like it have fallen apart in the past, and 'there are some really serious problems with it.' 'The reason that these cases have failed is … they operate on the premise that the federal courts can tell the legislature what to do,' Super said. And while this issue has seen some momentum, according to Common Cause, the idea of implementing a constitutional convention isn't a universally supported issue by any means, even among the same political parties. 'This is not a standard red-blue issue, there are members of Congress who have strongly supported a constitutional convention,' Super said. 'But there are also members of Congress who are opposed to a convention.' SUPPORT: YOU MAKE OUR WORK POSSIBLE

Justice Department says Trump can undo national monuments; California areas could be on list
Justice Department says Trump can undo national monuments; California areas could be on list

Los Angeles Times

timean hour ago

  • Los Angeles Times

Justice Department says Trump can undo national monuments; California areas could be on list

President Trump has the authority to abolish national monuments set aside by past presidents to protect areas of historic and scientific interest, the Justice Department said in an opinion this week, potentially laying the groundwork to dismantle California's two newest monuments — Chuckwalla and Sáttítla Highlands. The May 27 legal opinion released Tuesday overturns a more than 80-year-old Justice Department determination that presidents can't revoke national monuments created by their predecessors under the Antiquities Act. The finding follows an Interior Department effort to explore altering monuments as part of a push to expand U.S. energy production, a move that set off alarm bells among conservationists that certain public lands could be on the chopping block. Then-President Biden signed proclamations designating Chuckwalla and Sáttítla Highlands national monuments in California's desert and far north shortly before leaving office early this year. The Justice Department, in its new opinion, said it was asked to look into whether the Antiquities Act — the 1906 law permitting presidents to create monuments — can be used to revoke them. The opinion, titled, 'Revocation of Prior Monument Designations,' says it can. In the 50-page document, Deputy Assistant Atty. Gen. Lanora Pettit wrote that presidents can find 'that the 'landmarks,' 'structures,' or 'objects' identified in the prior declaration either never were or no longer are deserving of the Act's protections; and such an alteration can have the effect of eliminating entirely the reservation of the parcel of land previously associated with a national monument.' Since its passage, the Antiquities Act has been used by 18 presidents — split evenly between Republicans and Democrats — to designate monuments. California is home to 21 national monuments, more than any other state. During a Wednesday hearing in Washington, U.S. Sen. Alex Padilla (D-Calif.) questioned Interior Secretary Doug Burgum about the opinion, which he called 'extremely dangerous.' He specifically asked what the secretary's intentions were with regard to the Golden State's newest monuments, which he described as enjoying strong bipartisan support. 'We have a responsibility and direction to take a look at the recently created ones,' Burgum replied. 'There are people in communities, when we create restrictions on land use, that does restrict some of their economic opportunity, and we want to listen to those as well,' he said, adding that the department is seeking 'a balanced approach' and would be open to further dialogue. Padilla and fellow Sen. Adam Schiff were among the federal lawmakers from California who pushed for the creation of the monuments. 'The Trump administration is seeking to rewrite the Antiquities Act without the approval of Congress and erase all precedent prohibiting the elimination of lands designated as a national monument,' Schiff said in a statement. 'And, continuing his assault on the Golden State, the president seems to have at least two California treasures in mind: Chuckwalla and Sáttítla national monuments.' 'But the law is clear: Congress did not intend for the Antiquities Act to give Donald Trump or any other president the power to reverse the decades of hard work undertaken by conservationists, tribal leaders, and local California communities to safeguard precious lands and cultural sites,' he added. Chuckwalla spans 624,000 acres of dramatic canyons and rugged land adjacent to Joshua Tree National Park in Southern California, while Sáttítla encompasses 224,000 acres of pristine forests and unique geological features near the Oregon border. Native Americans led the charge to safeguard the land they consider sacred. Critics of the way the Antiquities Act has been used to set aside vast tracts of land often point to a mandate for monuments to be limited to the 'smallest area compatible with proper care and management of the objects to be protected.' But public lands advocates note that the law has long been used by presidents to protect large landmasses — including the designation of the Grand Canyon by Theodore Roosevelt in 1908. Padilla said that Western states skew large relative to their Eastern counterparts, 'so the appropriateness and size of monuments and other areas of designation tend to be larger.' John Leshy, an emeritus professor at UC College of the Law, San Francisco, and a former solicitor at the Interior Department, sees the new opinion as a largely symbolic gesture being made by the Trump administration on behalf of a faction of the Republican Party that 'hates public lands.' 'I think they're throwing that out to try to placate them and say, 'We're on your side,'' he said. 'But will that quiet them down until the president actually takes some sort of action? I don't know.' Even before California's youngest monuments were designated, there were fears they could be rolled back by the Trump administration. During his first term, Trump sharply reduced the boundaries of two monuments in Utah — Bear's Ears and Grand Staircase-Escalante — and stripped protections from a marine monument off the coast of New England to allow commercial fishing. The Biden administration reversed the changes. In February, Burgum issued an order that many saw as opening the door to potentially eliminating or shrinking monuments. He directed his assistant secretaries to 'review and, as appropriate, revise all withdrawn public lands,' citing a federal statute corresponding to the law that allows presidents to create monuments. Then, a little over a month later, the Trump administration caused confusion when it issued and then appeared to roll back an announcement implying the president had rescinded his predecessor's orders creating Chuckwalla and Sáttítla. Last month, a federal suit was filed by a Texas-based conservative think tank on behalf of plaintiffs to invalidate the Chuckwalla monument, arguing Biden had overstepped his authority when he created it. Some believed California's new monuments were at most risk of being targeted, in part because Trump might seek to undo his predecessor's actions. Whether presidents have the authority to alter monuments is hotly contested. Litigation challenging Trump's previous monument reductions was still pending when Biden reversed them and the matter was never settled. 'Courts have never ruled on this issue one way or another,' Leshy said. 'They've just been silent on whether one president can undo another president's proclamation.' If Trump moves to undo monuments in California, litigation is likely. Krystian Lahage of the Mojave Desert Land Trust, a nonprofit dedicated to protecting the California desert, said his group is trying to raise awareness of the broad support for Chuckwalla. Sunday marked the 119th anniversary of the Antiquities Act, and to celebrate the group co-hosted an event that Lahage said drew more than 100 people. There was an off-roading tour, an exploration of the geology and wildlife, stargazing and a community BBQ. 'Our goal there was to show folks all the different things they can do in the national monument — and what it's protecting,' he said.

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