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Trump’s lawyers filed a long-shot motion earlier this week urging Chutkan to step aside, citing comments she made in separate sentencing hearings related to the Jan. 6, 2021, riot at the U.S. Capitol that they say taint the Trump proceedings and call into question whether she has already prejudged the Republican former president’s guilt.
In one such hearing, Chutkan told a defendant who was sentenced to more than five years in prison that he had “made a very good point” that the “people who exhorted” and encouraged him “to go and take action and to fight” had not been charged. Chutkan added that she did not “make charging decisions” and had no “influence on that.”
“I have my opinions,” she said, “but they are not relevant.”
But the Justice Department said the Trump team had taken Chutkan’s comments out of context and failed to show that she harbored any bias against the former president, who lost the 2020 election to Democrat Joe Biden and falsely claimed the election was stolen from him.
The Justice Department said the statements the Trump lawyers had cited show the judge simply doing her job — responding to, and rejecting, efforts to minimize their own culpability by pointing the finger at Trump, who had told his supporters to “fight like hell” at a rally shortly before the deadly Capitol insurrection.
Chutkan did not say, prosecutors wrote, that Trump was legally or morally to blame for the events of Jan. 6 or that he deserved to be punished.
“Although the defendant tries to claim otherwise, the Court’s statements about which he complains are core intrajudicial statements — statements that the Court made while performing its official duties, in direct response to the arguments before it, and which were derived from knowledge and experience the Court gained on the bench,” the prosecutors wrote.
They added: “As such, to mount a successful recusal claim based on the cited statements, the defendant must show that they display a deep-seated animosity toward him. The defendant cannot meet this heavy burden.”
Trump’s motion is unlikely to succeed given the high standard for recusal. A similar effort to seek the recusal of a judge in a separate New York prosecution he faces was unsuccessful.
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Tens of thousands of activists from all over New York and the country will be heading to NYC for the March to End Fossil Fuels on Sunday, September 17, 2023. They will be calling on President Biden to stop drilling on public lands and waters, and declare a national climate emergency. New York activists will…
HOUSTON (AP) — It’s almost 10 p.m. and still a sweltering, sticky 95 degrees when Texas Southern’s Ocean of Soul band marches onto the top of a parking garage a stone’s throw from downtown Houston.
The glittering skyline is close enough to provide some illumination to the dimly lit structure. It reveals beads of sweat dripping off many faces as the students near the end of a 10-hour rehearsal day. One of the three drum majors, Dominique Conner, speeds through his bandmates, handing out kudos when earned and criticism when needed.
Band director Brian Simmons climbs to the top of a nearby ladder and lifts a bullhorn.
“Everything you do matters,” he barks.
Just why more than 100 student musicians are honing their routines on a giant slab of concrete in the brutal August heat of a Houston summer is a microcosm, in many ways, of life at a historically Black college or university like Texas Southern. They are here because it’s the best available option at a school where resources are rarely plentiful. They are here because they need the practice for a showcase against seven other HBCU marching bands that is coming up fast.
“HBCU bands, it represents a lot of things,” said Simmons, who at 31 is the youngest band director ever at Texas Southern and is decades younger than most everyone else in his position at an HBCU. Simmons performed in Southern’s Human Jukebox band as a student and spent eight years as assistant director there before coming to Texas Southern in 2021.
“It’s competition. It’s discipline. It’s tradition. It’s all those things,” Simmons explained. “Marching band for HBCUs, it’s almost a cornerstone.”
Somewhat quiet by nature, the importance of his role has forced Conner to be more outspoken, even commanding. Being a part of something that means so much to the Black community fills the junior with pride.
“It just gives minorities the chance and opportunity to show their passion and their craft and their culture,” he says. “People have the chance to just show their creativity.”
THE RIGHT NOTES
Competition and showmanship are at the heart of all HBCU bands, which number approximiately 40 across the country. They have been ever since William Foster at Florida A&M formed the Marching 100 band in 1946, launching a high-stepping style and thrilling blend of music and dance that can border on gymnastics. It is unique and it has been emulated at thousands of high schools and colleges ever since.
For Christy A. Walker, HBCU bands are “literally in my blood” and she has spent her life around them. Her parents met while both were in the North Carolina A&T band and she followed in their footsteps playing clarinet in the Blue and Gold Marching Machine.
Walker has written three books about HBCU bands, helped found a website about them and hosts a podcast called “The HBCU Band Experience.” She called the bands a vital part of Black culture that deseve more reverence than they get.
“We do it different and honestly we are, I would say, tastemakers for the entire band culture, including non HBCUs,” she said. “Because we are the ones that will play Top 40 songs that are out now. If a song comes out on Monday, by the time Saturday rolls around a band will perform it.”
At HBCUs, Tennessee State band director Reginald McDonald says, the bands are often “the window to the school” that influences opinions about the institution.
“It basically puts a spotlight on each one of our programs and allows people to understand and know that in terms of music education at each one of these schools they’re very viable programs,” he says. “And we do some unique things with very little funding often and we make magic, in a sense, happen.”
The Aristocrat of Bands he runs is one of the best in the country. Founded the same year as the Marching 100, it began performing at professional football games in 1956 and became the first HBCU band to perform in a presidential inaugural parade when it marched for John F. Kennedy’s ceremony in 1961.
It also has a title no other HBCU band can claim: Grammy winner. The band beat Willie Nelson, among others, in February for the Best Roots Gospel album honor for “The Urban Hymnal.”
THE SHOWCASE
More than 2,200 band members and dozens of directors and staff from around the country have arrived for the chance to show their skills in front of a crowd of more than 50,000 at NRG Stadium, home of the NFL’s Houston Texans.
Derek Webber, a graduate of Hampton University, created the National Battle of the Bands to increase exposure of HBCUs and their bands and to help them educate aspiring musicians. He is proud that the event has raised more than $1 million in scholarships for participating schools, which are often underfunded and lack resources.
“For an HBCU, the bands are part of the culture, they’re part of the lifestyle,” Webber said. “And in some cases, they’re more important than the athletic team.”
Webber proudly noted the size of the crowd the bands would draw on the final Saturday before college football began.
“Here we are on a Saturday and there’s no football going on and we’re going to get 50,000 folks,” he said. “The fans really enjoy what they see. The bands put in a tremendous amount of work to put on a great show. And this is energetic. This is entertaining. This is family. This is lifestyle.”
Nerves were high as Saturday night arrived with the promise of 3 1/2 hours of music, with all eight bands performing and rap artists such as Doug E. Fresh, Outkast’s Big Boi and Slim Thug taking a stage in between.
Tall and regal, Goodrich commanded the band with an easy confidence. Every move he made was precise and crisp, whether leading the band through traditional songs or dancing to a hip-hop medley highlighted by T.I. and Missy Elliott songs. Mr. Spartan is the band’s head drum major and, as Goodrich noted as he cited his responsibility for the success of the band, “enthusiasm is the key and discipline is the legacy.”
“It’s the highest position on the student level … it’s an honor to earn that position,” he beamed. “It’s a lot of work that goes into it and most importantly it’s one of the biggest positions on campus in terms of our culture and how important band is to our university.”
THE PAYOFF
Virginia State’s Myiles Spann began twirling “behind the scenes” in ninth grade, dreaming that one day he would have a shot to perform in a marching band. After two seasons in Virginia State’s Trojan Explosion, he finally got a chance to join the auxiliary line and was the only male twirler in the Battle of the Bands.
Wearing black slacks and a sequined royal blue shirt, Spann dazzled with a flawless performance, a huge smile never leaving his face. When the crowd showered the band with applause, it was better than anything Spann could have imagined.
“It felt so amazing,” he said. “It felt like I was in a dream.”
All those nights the Texas Southern band rehearsed atop that parking garage it was the thought of this event that kept the students focused. With the showcase taking place in their city, they had no choice but to bring it.
“You have to represent your city,” Simmons said. “You have to make people proud that they share a ZIP code with you, that they share a city with you.”
On a night that was also a celebration of the 50th anniversary of hip hop, the Ocean of Soul wove that connection into its show. The band brought down the house when Simmons handed a microphone and a bucket hat to a band member, and he rapped Run DMC’s hit “It’s Tricky” while the band performed the song.
Conner, fellow drum major Kevin Smith and head drum major KamRon Hadnot wowed the crowd with a choreographed dance during the piece. It included the Kid ’n Play dance from the 1990 movie House Party and the Druski dance, which went viral in 2021.
“We brought them on that emotional ride with us,” Simmons said. “So, in the end when you turn around and you get to see that standing ovation, it means job well done.”
Anyone not in Houston missed quite a show. But college football has begun and basketball is not far away, which means every week there will be HBCU bands around the country entertaining crowds and showcasing Black excellence.
One of the largest and oldest parades celebrating American Black culture, the African American Day parade, is set to kick off its 54th annual event this weekend in Harlem on Sunday, Sept. 17.
The parade has been operated by the African American Day Parade Inc. (AADP) since 1969, after the original 13 organizers formed the idea the previous year.
The day before the parade, on Saturday, Sept. 16, AADP will also hold a “Get Involved” Community Literacy, Health & Culture celebration for the first time, on the plaza of the State Office Building on 125th Street.
Grand marshals this year include Bevy Smith, TV and radio host, author, and actor; Joy Bivins, director of the Schomburg Center for Research in Black Culture; Joaquin Dean, founder and CEO of Ruff Ryders Ent; and Ashley Keiko, musician, entrepreneur, and owner of Keiko Studios Music Academy.
A host of other honorary guests are excited to share in the celebration of Black culture, heritage, and legacy, including New York Lieutenant Governor Antonio Delgado.
“Just to be able to celebrate the culture—celebrate the legacy of what African Americans have done, both here in New York [and] for the country, [from] the struggle for voting rights [and] equality to dance and style, food, community,” Delgado said. “We’ve been in every war this country has ever fought. I think it’s important to understand our essential nature when it comes to the story of America and what America has become in pursuit of its ideals because of the work of African Americans.”
Delgado said he attended last year’s parade and will proudly march again this Sunday. He said he has seen other Juneteenth events and African American festivals in other counties throughout the state, but none quite as large or significant as the AADP’s.
The AADP was founded in 1968 by the Afro-American Day and United Federation of Black Community Organizations, right after the Civil Rights Act was passed, organizers said.
The first meeting was held at 2315 Seventh Avenue in Harlem, overseen by community leaders such as Livingston Wingate, who served as the first chairperson, and Conrad Peters. They were joined by 11 other community organizers: Jacqueline Peterson, Abdel Krim, Abe Snyder, Cenie J. Williams, Ennis Francis, Joseph Steele, Piankhi Akinbaloye, Bernice Bolar, Adeyemi Oyeilumi, Lloyd Mayo, and Leonard Davis. The original theme for the parade was “Africa’s Gift to America.”
Since the first event, the parade has been held every third Sunday in September along Adam Clayton Powell Jr. Blvd. The first grand marshals were Powell himself and activist and Congressmember Shirley Chisholm.
Current AADP chair Yusuf Hasan lamented the passing of the last two founding members this year: Oyeilumi and Snyder, who were in their late 80s, he said. Hasan said the parade is dedicated to their decades of stewardship.
“This is a new era and we want to keep the focus that they laid out back then to where we are today—showcasing the absolute best and brightest of our people, and also commemorating our ancestors on this very, very special day,” said Hasan. “We salute them and thank God for their vision.”
Hasan, who called Snyder his beloved mentor, said he’s honored to continue the tradition well into the future.
Ariama C. Long is a Report for America corps member and writes about politics for the Amsterdam News. Your donation to match our RFA grant helps keep her writing stories like this one; please consider making a tax-deductible gift of any amount today by visiting https://bit.ly/amnews1.
WASHINGTON (AP) — Democrats in Congress are pushing for a new round of money to keep the nation’s child care industry afloat, saying thousands of programs are at risk of closing when federal pandemic relief runs out this month.
Legislation introduced in both chambers on Wednesday would provide $16 billion a year over the next five years, awarded as grants to help child care programs cover everyday costs. It’s meant to replace $24 billion in relief that was passed in 2021 in the American Rescue Plan and is set to expire Sept. 30.
With no Republican support, the bill faces an uphill battle in Congress.
Without a new lifeline, child care programs serving millions of families could close or increase prices. For many, the federal aid only postponed the financial turmoil that threatened their survival before the pandemic.
“There was a child care crisis even before the pandemic — and failing to extend these critical investments from the American Rescue Plan will push child care even further out of reach for millions of families and jeopardize our strong economic recovery,” said Sen. Patty Murray, D-Wash., a sponsor of the bill.
Other sponsors include Sen. Bernie Sanders of Vermont and Rep. Katherine Clark of Massachusetts.
A June report from The Century Foundation found that without additional money, about 70,000 child care programs would probably have to shut down after this month. That amounts to a third of all programs that received the federal pandemic grants. States distributed the aid in different ways, and many providers already have spent their grants. Either way, the last of it must be spent by Sept. 30.
Arkansas, Montana, Utah, Virginia, West Virginia and Washington, D.C., are at risk of seeing half their licensed programs close, the think tank reported. In total, the programs in jeopardy serve about 3.2 million children.
Hoping to buffer the industry against the upheaval of the pandemic, Congress created a child care stabilization program in 2021. States were given a total of $24 billion to distribute to local programs. It helped more than 220,000 programs, often being used to pay staff or cover rent and utilities, according to the Department of Health and Human Services.
The grants helped Cynthia Davis keep her child care center open through the pandemic, serving eight children at her home in Washington, D.C. When the economy stalled, income stopped coming in. Davis used her personal savings to pay staff and buy safety supplies. She was nearing the end of her savings when she received about $70,000 in federal grants and other relief.
“It really was a breath of fresh air for a lot of us, because those dollars gave me money I could put back into my savings and my retirement,” she said.
Still, inflation and safety costs have taken a toll. Davis had to lay off one worker, leaving her with just one other. Without more relief, she figures her center will close within a year.
“I just don’t know what’s going to happen to a lot of programs,” she said. “We already are stretched to the limit.”
The money was seen as a steadying hand for an industry that badly needed it. In the first two years of the pandemic, about 20,000 programs closed, roughly the equivalent of 10% of pre-pandemic levels, The Century Foundation said.
But even before then, the industry was struggling. The number of providers has been on the decline for years as workers fled the industry and its persistently low pay. Yet demand has remained high, pushing programs to raise prices and, in some places, resulting in child care “deserts” where demand far exceeds available spots.
The average annual price for U.S. child care in 2022 was $10,800 per child, according to Child Care Aware of America, a nonprofit advocacy group.
President Joe Biden has called for expanded child care support, but his biggest proposal stalled amid a polarized Congress and Democratic infighting.
Under Biden’s Build Back Better Act in 2021, parents earning up to 250% of a state’s median income would have paid no more than 7% of their income on child care. But that that bill failed to win support from Democratic holdouts, and the child care plan was later stripped from a slimmer package approved by Congress.
In a statement, Clark said the pandemic relief allowed parents to return to work and paved the way for economic recovery.
“We can’t turn back now,” she said. “Child care is economic infrastructure — it is critical to growing the economy by growing the middle class.”
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The Associated Press receives support from the Overdeck Family Foundation for reporting focused on early learning. The AP is solely responsible for all content.