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(单词翻译:双击或拖选)
Dana Nessel is the Democratic candidate for attorney general. She has worked as an assistant prosecutor1 in the Wayne County Prosecutor's Office. She also has experience as a defense2 attorney. Her case challenging bans on same-sex marriage and adoption3 in Michigan became part of the cases that legalized same-sex marriage nationwide.
Flint Water Crisis Investigation4
DANA NESSEL: I've been suspect of this investigation quite frankly5 from the beginning. I think a lot of this has to do with political expediency6 instead of justice. I want to re-review the investigation. I want to have career prosecutors7, defense attorneys, retired8 judges, people who are not campaign contributors to any of the potential targets of the investigation, which frankly troubled me about Todd Flood because he had been a donor9 to Rick Snyder and I think if you're going to be free of a conflict of interest, you shouldn't have that as a conflict for certain. I'm going to take a second look at the investigation, make certain that all of the people who have charges pending10 have been charged properly and look to see if there's anyone who should have been charged, but who hasn't been.
NESSEL: I have maintained from the very beginning that Line 5 needs to be shut downand that it is the responsibility of the attorney general to protect the state of Michigan and to protect the public against what I think will be the biggest economic and ecological12 catastrophe13 of our time.
DOUG TRIBOU: What would be the legal justification14 for you to jump in in that role?
NESSEL: That it's violation15 of the easement. The easement is between Enbridge and the state of Michigan. And as the attorney for the state of Michigan, it's your job toenforce that contract and Enbridge has violated that contract and so I would bring a case in the Court of Claims and ask for an immediate16 injunction that Line 5 be shut down.
TRIBOU: The civil rights law known as the Elliott Larsen Act passed in Michigan in the 1970s. The Michigan Civil Rights Commission announced it would begin treating LGBTQ people as a protected group under the act – following guidance from some federal courts who have said that could fall under sex discrimination. Bill Schuette opposed that move. Where do you stand on that issue?
DN: I absolutely believe that the word sex as defined in the Elliott Larson Act encompasses17 sexual orientation18 and gender19 identity. And so I disagree with Bill Schuette's AG opinion, requested notably20 by my opponent Tom Leonard who I know also disagrees, that LGBTQ people deserve to have rights under our state’s civil rights law. I think that statistically21 you're talking about at least half a million people, maybe even more who are state residents that have not been protected up until this point.
TRIBOU: You're on the record as being in favor of legalization of marijuana and have called the war on pot an "abject22 failure." Michigan Radio's Steve Carmody recently did a series looking at other states that have legalized pot. He spent some time in Colorado. In his reporting, he found that law enforcement has seen some issues develop. One of them is enforcing laws about driving under the influence. One of the problems there is the challenge of the science of testing for drugs rather than alcohol. Another is illegal pot being grown and shipped out of the state. How would you try to support law enforcement agencies if those problems come to Michigan?
NESSEL: The thing is, we have lagged behind in testing, right? That's why I'm encouraged by all the laboratories that are coming up with new and better ways to test for whether or not someone is under the influence of marijuana. And this can be utilized23 not just in terms of law enforcement, but also in the workplace. There are these saliva24 tests. They're pretty non-invasive and they can be done roadside. They only take a few minutes for the collection of saliva and you can find out pretty quickly whether somebody has consumed within the last couple of hours. And hopefully we'll have the scientific data collected to ensure that we can work with the Legislature to pass laws just as we have with the preliminary breath test. And I think that we will have those mechanisms25 in place very quickly.
TRIBOU: Recently the state Supreme26 Court heard arguments about the people who were wrongly accused of filing false unemployment claims. Now you have the state, which says it's paid back the bulk of the money that was improperly27 garnished28, pushing against a class action lawsuit29 on a technicality of when it was filed. And that's what the arguments hinged on. How do you see that sort of thing where we know these people were wrongly accused, and then there's this pushback from the state?
NESSEL: First of all, I take issue with the notion that those people have been paid back. I don't think that's factually accurate. This is a perfect example of how I think this office has operated in a manner where it's more important to Bill Schuette to protect bad state actors than to protect the people who elected you and who you are sworn to protect.
And that doesn't mean using any kind of argument possible to defend the illegal actions of a government agency. Justice sometimes means settling those cases. Justice sometimes means admitting the government acted in error.
TRIBOU: If elected, there's a good chance you could be serving while Republicans maintain control in both houses of the state Legislature. And you'd be in charge of enforcing laws that have been enacted30 in recent years by that Republican majority. Are there laws that would be hard for you to enforce?
NESSEL: It's not about my political preferences. It's about upholding the Constitution. If you have laws that flagrantly violate the Constitution, I don't believe that it's your job as AG to just come up with whatever specious31 arguments you possibly can to defend a law that is flagrantly unconstitutional, that violates the Constitution. It is your job to uphold and defend the Michigan Constitution and the United States Constitution. And so in those cases where the state Legislature has recklessly disregarded tenets of the Constitution, I think that it's unethical to defend those laws.
TRIBOU: Is there one that pops out to you that fits that model that you just described?
NESSEL: There is and let me give you an example of one we just saw. It had to do with the effort to rob teachers of three percent of their pensions.
TRIBOU: That's the case where the state set aside three percent of teachers' salariesto cover for long-term benefits, but that money was eventually returned after a court case.
NESSEL: That was indefensible. It violated the Michigan Constitution. Now the AG defended it. I believe he finally pulled out when he got to the Michigan Supreme Court, but it lost zero to seven with five Snyder appointees on that court and so in my opinion, that would be the kind of case where you really could step forward and say I'm sorry, but there's no viable32 defense here and I'm not going to waste millions and millions of dollars of state taxpayer's money to defend a law which simply has no viable defense.
1 prosecutor | |
n.起诉人;检察官,公诉人 | |
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2 defense | |
n.防御,保卫;[pl.]防务工事;辩护,答辩 | |
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3 adoption | |
n.采用,采纳,通过;收养 | |
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4 investigation | |
n.调查,调查研究 | |
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5 frankly | |
adv.坦白地,直率地;坦率地说 | |
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6 expediency | |
n.适宜;方便;合算;利己 | |
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7 prosecutors | |
检举人( prosecutor的名词复数 ); 告发人; 起诉人; 公诉人 | |
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8 retired | |
adj.隐退的,退休的,退役的 | |
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9 donor | |
n.捐献者;赠送人;(组织、器官等的)供体 | |
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10 pending | |
prep.直到,等待…期间;adj.待定的;迫近的 | |
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11 pipeline | |
n.管道,管线 | |
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12 ecological | |
adj.生态的,生态学的 | |
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13 catastrophe | |
n.大灾难,大祸 | |
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14 justification | |
n.正当的理由;辩解的理由 | |
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15 violation | |
n.违反(行为),违背(行为),侵犯 | |
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16 immediate | |
adj.立即的;直接的,最接近的;紧靠的 | |
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17 encompasses | |
v.围绕( encompass的第三人称单数 );包围;包含;包括 | |
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18 orientation | |
n.方向,目标;熟悉,适应,情况介绍 | |
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19 gender | |
n.(生理上的)性,(名词、代词等的)性 | |
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20 notably | |
adv.值得注意地,显著地,尤其地,特别地 | |
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21 statistically | |
ad.根据统计数据来看,从统计学的观点来看 | |
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22 abject | |
adj.极可怜的,卑屈的 | |
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23 utilized | |
v.利用,使用( utilize的过去式和过去分词 ) | |
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24 saliva | |
n.唾液,口水 | |
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25 mechanisms | |
n.机械( mechanism的名词复数 );机械装置;[生物学] 机制;机械作用 | |
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26 supreme | |
adj.极度的,最重要的;至高的,最高的 | |
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27 improperly | |
不正确地,不适当地 | |
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28 garnished | |
v.给(上餐桌的食物)加装饰( garnish的过去式和过去分词 ) | |
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29 lawsuit | |
n.诉讼,控诉 | |
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30 enacted | |
制定(法律),通过(法案)( enact的过去式和过去分词 ) | |
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31 specious | |
adj.似是而非的;adv.似是而非地 | |
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32 viable | |
adj.可行的,切实可行的,能活下去的 | |
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