Minimum Competence - Daily Legal News Podcast
Minimum Competence
Legal News for Thurs 1/25 - Ohio Ban on Gender-Affirming Care Passes, Navarro to be Sentenced, and Trump Takes the Witness Stand

Legal News for Thurs 1/25 - Ohio Ban on Gender-Affirming Care Passes, Navarro to be Sentenced, and Trump Takes the Witness Stand

Ohio's ban on gender-affirming care for minors, Navarro's sentencing for contempt of Congress, and Trump's testimony in a defamation case.

A circus in a courtroom, pencil sketch.

This Day in Legal History: Manson “Family” Found Guilty

On January 25, 1971, a significant moment in legal history unfolded as Charles Manson, along with three women from his so-called "family," were found guilty of murder and conspiracy. This verdict was linked to the infamous 1969 case involving the slayings of seven individuals, including the well-known actress Sharon Tate. The trial, which captured the nation's attention, was notable not only for its high-profile nature but also for its complexities and the chilling influence Manson held over his followers.

Manson, a charismatic yet manipulative figure, had orchestrated a series of brutal crimes, convincing his followers to carry them out. The case highlighted the dark potential of cult dynamics and the capacity for manipulation and control. The trial itself was a spectacle, marked by unusual behavior from Manson and his co-defendants, drawing extensive media coverage and public intrigue.

The prosecution, led by Vincent Bugliosi, faced the challenging task of linking Manson to the murders despite his not being present at the crime scenes. Their strategy hinged on demonstrating Manson's pervasive control over his followers and his role in planning the crimes. Bugliosi's successful argument set a precedent in legal circles about the extent of criminal responsibility and the concept of vicarious liability.

The convictions of Manson and his followers were a relief to many, bringing some sense of justice to a deeply disturbed period of American history. The case also had a profound impact on the public's perception of cults and the potential for violence within such groups.

In the years following, the Manson trial and convictions have been extensively analyzed and discussed in legal, sociological, and psychological circles. They serve as a grim reminder of the law's role in addressing complex and deeply unsettling societal issues. This case remains a crucial part of legal history, not just for its sensational nature, but for its exploration of the boundaries of criminal responsibility and the power of influence.

A recent Louisiana federal court ruling has significantly impacted the Environmental Protection Agency's (EPA) enforcement of civil rights laws, particularly concerning environmental justice. Judge James D. Cain Jr. declared that the EPA and Justice Department cannot impose requirements based on disparate impacts—unintentional discrimination—in Title VI civil rights cases. This decision has been criticized by environmentalists, as it restricts the EPA from using key metrics to assess harm in areas with disproportionate pollution burdens, like "Cancer Alley" in Louisiana.

The case originated from investigations by the EPA and DOJ into the Louisiana Department of Environmental Quality (LDEQ) and the Louisiana Department of Health (LDH) for allegedly placing disproportionate pollution burdens on Black residents in Cancer Alley. However, the EPA dropped the probe citing no evidence of intentional discrimination, a claim challenged by local advocacy groups. This development was seen as a setback for those hoping for enforcement and change in Cancer Alley.

The ruling raises the burden of proof in Title VI cases to intentional discrimination, making it more challenging for affected communities to seek redress. Environmental justice advocates are urged to explore avenues beyond litigation to advance their goals, given the current legal landscape's perceived hostility toward arguments based on human rights.

The decision poses a significant challenge to the Biden administration's environmental justice enforcement strategy. The administration has prioritized cases in overburdened and underserved communities, with the Justice Department opening a new Office of Environmental Justice in May 2022. However, this ruling could encourage similar defenses against civil rights charges in other courts, potentially undermining these efforts.

The case could have political implications as well, particularly in an election year. It mirrors attempts by the Trump administration to eliminate the disparate impact standard in discrimination cases, a move that, if successful, could greatly limit the federal government's ability to prosecute a wide range of civil rights cases. This recent decision thus signals a potential shift in the enforcement of environmental justice and civil rights under different administrations.

Louisiana Civil Rights Case Threatens EPA’s Enforcement Plans

Donald Trump is set to testify in a defamation case brought by writer E. Jean Carroll, challenging his ability to maintain composure and adhere to judicial guidelines in front of a federal jury. This follows a prior ruling by U.S. District Judge Lewis Kaplan holding Trump liable for defamation, with the jury deciding on potential compensation. The case gains significance as Trump is involved in multiple legal battles while campaigning for a return to the presidency.

Previously, Trump's courtroom behavior has raised concerns. During a New York state civil fraud trial, he clashed with the judge and provided off-topic answers. In the ongoing Carroll trial, Judge Kaplan warned Trump for disruptive behavior during Carroll's testimony, showcasing a tense dynamic between them.

Trump's testimony, initially under his lawyer Alina Habba's friendly questioning, could lead to conflicts with Kaplan, who has imposed strict limits on what Trump can discuss. A potentially challenging cross-examination by Carroll's lawyers awaits, where any loss of composure by Trump could be advantageous for Carroll's case.

The trial's progress was delayed due to a sick juror, and while Trump's participation is uncertain, his lawyer expressed his eagerness to testify. Carroll's defamation suit stems from her 2019 public claim that Trump raped her in 1996, an accusation Trump vehemently denies, calling it politically motivated.

In court filings, Trump plans to discuss the defamatory statements and the Access Hollywood video, admitted as evidence at Carroll's request. His prior testimony in the New York fraud case exhibited confrontational behavior towards Justice Arthur Engoron, with Trump providing lengthy, non-responsive answers. Unlike Engoron, Judge Kaplan may not tolerate such conduct, as Carroll's lawyer has requested measures to prevent the trial from becoming a spectacle.

Overall, Trump's upcoming testimony could impact both the case's outcome and his public image, especially as he remains a prominent figure in the political arena.

Trump to Take Witness Stand in Test of Demeanor in Front of Jury

Peter Navarro, a former adviser to President Donald Trump, is due to be sentenced in a Washington federal court for contempt of Congress. This follows his conviction for refusing to cooperate with the House committee investigating the January 6, 2021, attack on the U.S. Capitol. Federal prosecutors are seeking a six-month prison sentence for Navarro, arguing that he prioritized loyalty to Trump over the rule of law.

Navarro's defense team is advocating for probation, contending that he believed he was exempt from cooperation due to executive privilege. However, U.S. District Judge Amit Mehta ruled that Trump had not clearly directed Navarro to assert this privilege, and Navarro was not allowed to use this defense during his trial.

Found guilty in September on two counts of contempt of Congress, Navarro defied a subpoena to submit documents and testify before the House panel. The panel was investigating not only the Capitol riot but also broader attempts by Trump to overturn the 2020 election results.

Navarro, 74, who was an advisor on trade and served on a COVID-19 task force under Trump, has been a vocal proponent of Trump’s unfounded claims of election fraud. The House committee sought his testimony about the “Green Bay Sweep” plan, aimed at disrupting the certification of the election results.

Navarro's case follows that of another prominent Trump advisor, Steve Bannon, who was also convicted of contempt of Congress but has delayed serving his four-month prison sentence pending an appeal.

Former Trump adviser Navarro to be sentenced for contempt of Congress | Reuters

Ohio's legislature has overridden Governor Mike DeWine's veto to enact a law banning gender-affirming care for minors and preventing transgender athletes from competing on girls' and women's sports teams. Despite the governor's concerns, influenced by parents of transgender youth who described gender-affirming care as lifesaving, both the Senate and the House of Representatives supported the override.

The new law, set to take effect in 90 days, will restrict physicians from performing gender reassignment surgeries or prescribing puberty blockers for minors. Additionally, it bars trans women from participating in women's sports in school districts, public universities, and private colleges involved in national athletic conferences.

Equality Ohio, an LGBTQ rights group, expressed their commitment to continue fighting for transgender rights in the state. This legislation in Ohio is part of a broader trend, with similar bills introduced or passed in numerous other states, making gender-affirming care for trans youth a contentious political issue nationally.

The legality of these bans has led to a split in court decisions. While most lower courts have blocked such bans, appeals courts have upheld them, leading to an appeal to the U.S. Supreme Court by Tennessee families against their state's ban.

Ohio lawmakers ban gender-affirming care for minors, overriding veto | Reuters

Minimum Competence - Daily Legal News Podcast
Minimum Competence
The idea is that this podcast can accompany you on your commute home and will render you minimally competent on the major legal news stories of the day. The transcript is available in the form of a newsletter at