News Roundup

On Monday, a grand jury in Wake County returned a presentment against Attorney General Josh Stein and two people affiliated with his 2020 electoral campaign. The presentment asked the Wake County District Attorney to “submit for grand jury consideration an indictment” charging a violation of G.S. 163-274(a)(9), which makes it a misdemeanor to “publish . . . derogatory reports with reference to any candidate in any primary or election, knowing such report to be false or in reckless disregard of its truth or falsity, when such report is calculated or intended to affect the chances of such candidate for nomination or election.” The basis of the presentment is a television ad run by Attorney General Stein’s campaign during the 2020 election cycle, accusing Stein’s opponent, Forsyth County District Attorney Jim O’Neill, of leaving “1,500 rape kits on a shelf.” On Tuesday, a divided panel of the Fourth Circuit enjoined further state court proceedings pending resolution of a federal lawsuit filed by the Attorney General’s campaign and related parties, claiming that the statute at issue violates the First Amendment. The issuance of the injunction pending appeal indicates that the panel believes the plaintiffs are likely to prevail on the merits, but the matter is to be briefed expeditiously and argued in December. Keep reading for more news.

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