#TalkRadio – June 18: Two Sides of Justice: The Fearless Fund Case and the Historic Maryland Pardons

SPEAKERS:

Atty. Dariely Rodrigues: 12:00 PM – 12:30 PM ET
Deputy Chief Counsel for the Lawyers’ Committee for Civil Rights under Law, where she works closely with the President and Executive Director, managers and staff to provide strategic guidance for litigation and advocacy projects that advance racial justice; serves on the organization’s Senior Leadership team and plays a key role in supporting synergy and integration across the organization’s practice areas, and overseeing the professional development of the organization’s legal staff

Carl Snowden: 12:30 PM – 12:57 PM ET
Convener, Caucus of African American Leaders; Former Civil Rights Director for the Office of the Maryland Attorney General; Former Annapolis City Alderman.

INTRODUCTION:

The Igniting Change Radio Show on Tuesday, June 18th, 2024, from 12:00 PM – 1:00 PM Eastern Time, entitled, “Two Sides of Justice: The Fearless Fund Case and the Historic Maryland Pardons”, will be live with Radio Show Co-Hosts and Transformative Justice Coalition (TJC) Co-Leaders Attorneys Barbara Arnwine, Esq. and Daryl Jones, Esq. and will feature special guests Attorney Dariely Rodrigues and Carl Snowden. 

Igniting Change will continue last week’s conversation on American Alliance for Equal Rights vs. Fearless Fund Management LLC.  Attorney Dariely Rodrigue, Deputy Chief Counsel for the Lawyers’ Committee, will join Igniting Change for the first half of the show to discuss the Fearless Fund case. “The Lawyer’s Committee for Civil Rights Under Law, alongside 15 civil rights organizations and co-counsel with Crowell & Moring LLP, led an amicus brief in the district court and the appeals court.” (Lawyer’s Committee June 3rd Statement: https://www.lawyerscommittee.org/lawyers-committee-continues-fight-for-racial-equity-as-lawsuit-stalls-fearless-fund-grant-program/; Amicus Brief: https://www.lawyerscommittee.org/wp-content/uploads/2023/09/0073_001-LCCRUL-amicus-brief.pdf ) These very conservative courts continue to attack affirmative action and DEI, most recently in this Fearless Fund case, in which the 11th Circuit temporarily blocked them from awarding grants to Black women as the case is being litigated. This is a preliminary injunction and not a permanent ruling as the case is still being litigated. “This is the first court decision in the 150+ year history of the post-Civil War civil rights law that has halted private charitable support for any racial or ethnic group,” Jason Schwartz, a lawyer with Gibson, Dunn & Crutcher, which is representing Fearless Fund, said in a statement emailed to The Washington Post. (Source: https://www.washingtonpost.com/business/2024/06/03/fearless-fund-grants-blocked/).

“American Alliance for Equal Rights (AAER) filed this lawsuit against Fearless Fund Management LLC, Fearless Fund II GP LLC, Fearless Fund II LP, and Fearless Foundation Inc. on August 2, 2023 in the United States District Court for the Northern District of Georgia. AAER describes itself as a “not-for-profit 501(c)(3) membership organization dedicated to challenging distinctions and preferences made on the basis of race and ethnicity.” AAER is led by Edward Blum, who is also the leader of Students for Fair Admissions (SFFA), the organization that challenged Harvard and UNC’s race-based affirmative action practices in a pair of cases the Supreme Court decided in SFFA’s favor on June 29, 2023.

Fearless Fund Management (Fearless) is a Black women-owned investment firm that invests in businesses led by women of color. Fearless Foundation (the Foundation) is a 501(c)(3) foundation affiliated with Fearless Fund. The Foundation’s charitable mission is to eliminate the significant gap in venture capital funding that persists for women entrepreneurs of color. Among other programs, the Foundation operates the Fearless Strivers Grant Contest (the Grant Program), through which it awards $20,000 grants, tools, and mentorship to certain Black women business owners.

…

AAER alleged in its complaint that several of its members, identified only as Owners A, B, and C, are individuals who operate their own businesses, and wished to participate in the Foundation’s grant contest, but were ineligible because they are not Black women.”

Read the Source and more about the Court’s finding, prior case law used in this case,, the majority opinions, and the dissenting opinions: https://www.jdsupra.com/legalnews/eleventh-circuit-grant-program-for-4772460/ 

During the second half of the show, Barbara and Daryl will be joined by Carl snowden to discuss “Maryland Gov. Wes Moore on Monday sign[ing] an executive order that issues pardons for more than 175,000 marijuana-related convictions – a sweeping measure aimed at improving racial equity in the state.” (See more information: https://www.usnews.com/news/best-states/articles/2024-06-17/explainer-maryland-governor-wes-moore-pardons-175-000-marijuana-convictions; https://www.nbcnews.com/politics/politics-news/maryland-governor-announces-pardons-175000-marijuana-convictions-rcna157466)  Igniting Change is so excited to discuss this historic executive pardon issued by Maryland Gov. Moore. President Biden gets the credit for getting this ball rolling as he issued a number of pardons for simple possession and called for state governors to do the same. “‘Just as no one should be in a federal prison solely due to the use or possession of marijuana, no one should be in a local jail or state prison for that reason, either,’ Biden said.”  (See Source: https://apnews.com/article/biden-marijuana-pardons-clemency-02abde991a05ff7dfa29bfc3c74e9d64). Massachusetts Governor Maura Healy announced in March a pardon that could affect 100,000’s of persons but her action has yet to be ratified by the Council.  

In contrast, Gov. Moore’s pardon is the first of its kind to go into effect automatically and immediately.  It is unique in that it not only forgives simple possession convictions (estimated 150,000) but also convictions involving possession of drug paraphernalia (estimated 18,000).  A crucial underpinning of this massive executive pardon was the passage by the Maryland State Legislature of a constitutional amendment which legalized recreational marijuana use. In issuing his pardon, the Governor stated “We cannot celebrate the benefits of legalization if we do not address the consequences of criminalization” 

Over 100,000 people will benefit from this pardon. For 40,000 convictions, the records will be automatically expunged but other others will need to seek expungement through other legal channels.  No one is expected to be released from jail as a result of this order. The Executive pardon also covers those who are deceased. Many are now calling on all governors to follow Gov Moore’s actions.  

Igniting Change is going to definitely cover this groundbreaking action!

QUESTIONS:

12:00 PM – 12:30 PM Eastern Time- Attorney Dariely Rodrigues

• Happy PRIDE Month!
• Welcome to your inaugural show, Attorney Dariely Rodrigues. Last week, we gave our audience a brief overview of the Fearless Fund decision. As you are quite aware, people continue to be very distressed by the decision. We are very grateful that you are here to shed further light on the ruling. Please tell our audience how the Lawyer’s Committee for Civil Rights Under Law became involved in the Fearless Fund case.
• Let’s discuss the Fearless Fund ruling. 
• What did hold? 
• What are some highlights of the holding that the 11th Circuit got wrong?
• Why is this bad law? 
• Is this more fruit of the poisonous tree of courts misapplying the disastrous decision of Students for Fair Admissions vs Harvard (2023)?
• On June 3rd, the Lawyer’s Committee issued a statement decrying the Fearless Fund ruling and stating that “The Lawyer’s Committee for Civil Rights Under Law, alongside 15 civil rights organizations and co-counsel with Crowell & Moring LLP, led an amicus brief in the district court and the appeals court.” Please tell our audience more about this amicus brief. 
• What is an amicus brief?
• What did it contend? What did it argue?
• How are people fighting back?
• How can our listeners get involved? 
• What are the next steps?
• What are your one-minute final thoughts to our listeners?
• Thank you for all of your hard work. How do our listeners get in contact with you?

12:30 PM – 1:00 PM Eastern Time- Carl Snowden

• Carl, in the midst of so much negative news from the courts and state legislatures going backwards on racial justice matters, yesterday Maryland distinguished itself in a historically powerful and positive move on racial justice. Let’s talk about the unprecedented massive pardon that Gov. Moore issued.
• Daryl, what does this pardon do?
• Carl, how is it that no other state, besides Massachusetts where the Governor is trying to get a similar pardon issued for simple possession, has actually issued a pardon covering hundreds of thousands of people who were convicted of these low level victimless convictions for marijuana (which, as of June 2024, recreational marijuana is legal in 24 states and the District of Columbia. Medical marijuana is legal in 38 states and the District of Columbia) ?
• Anthony Brown, the Maryland Attorney General, has stated that this massive pardon will correct a racial injustice that has hurt Black and Brown people in Maryland. Let’s talk about this.
• For people in Maryland who think they were affected by this pardon, what should they do?
• How do we get other states to follow suit?
• On June 24th at 7:00 PM Eastern Time, TJC is holding a Virtual National TeleTown Hall entitled “Democracy at The Cliff: Runaway State Legislatures, Supreme Court Injustice and Reform, and the Perils of Project 2025”  that will go deeper into these issues. The panel will be livestreamed on Facebook and YouTube at 7:00 PM on June 24th at Facebook.com/TJC.DC and on YouTube at youtube.com/@thetransformativejusticeco6890. So get your watch parties together and join us Monday June 24th at 7:00 PM ET.
• July 17, 2024 marks the 4th anniversary of the death of the Late Congressman John Lewis! On that day, we will come together in events across the country to commemorate his death and more importantly his life work to secure voting rights for all people. With the going attack on democracy, the events will highlight the urgency of this moment in our history. We intend to educate, motivate and activate our community to work towards the passage of the Freedom to Vote Act, John Lewis Voting Rights Advancement Act, the Native American Voting Rights Act, and DC Statehood.
• As the epidemic of voter suppression continues to expand in our nation, the urgency of passage of curative and proactive federal legislation has become more evident. On July 17th, TJC, Declaration for American Democracy (DFAD Coalition), Black Voters Matter, Public Citizen, The Leadership Conference, and the League of Women Voters are inviting individuals, activists, advocates, clergy, union members, teachers, students, community organizations, religious institutions, associations, fraternities, sororities- EVERYONE- to host local activities marking the fourth anniversary of the passing of our Voting Rights Champion, the late Congressman John Lewis. As the late Congressman John Lewis wrote the first 300 pages of the Freedom to Vote Act and the John Lewis Voting Rights Advancement Act is named in his honor, it is most fitting that we commemorate his legacy by reaffirming our commitment to passing these most important bills. It is anticipated that there will be hundreds of events held throughout the nation in cities, townships, and parishes, including marches, votercades, celebration villages, teach-ins, and much more culminating that evening in candlelight vigils. 
• How can people throughout the nation become part of this critical day of action and vigils? (They can sign up at  TinyURL.com/2024JohnLewis to become a host for a John Lewis Day of Action event.)
• Tell us about some of the events that are already registered.
• On June 25th, there is going to be a meeting for everyone interested in being part of this July 17th Movement. Please tell people how to register.
• Carl, What do you think is the most important grassroots organizing that you think needs to happen in order to ensure strong voter protection and engagement in November 2024?
• Carl, What are your one-minute final thoughts to our listeners?
• Carl, Thank you for all of your hard work. How do our listeners get in contact with you?