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Trump's Environmental Rollbacks Find Opposition Within: Staff Scientists - The New York... - 0 views

  • President Trump has made rolling back environmental regulations a centerpiece of his administration, moving to erase Obama-era efforts ranging from landmark fuel efficiency standards and coal industry controls to more routine rules on paint solvents and industrial soot.
  • But all along, scientists and lawyers inside the federal government have embedded statistics and data in regulatory documents that make the rules vulnerable to legal challenges. These facts, often in the technical supporting documents, may hand ammunition to environmental lawyers working to block the president’s policies.
  • Trump administration loyalists see in the scientists’ efforts evidence that a cabal of bureaucrats and holdovers from previous administrations is intentionally undermining the president and his policies. And there can be little doubt that some career scientists are at odds with the president’s political appointees.But current and former federal employees who work on environmental science and policy say their efforts to include these facts are a civic and professional duty, done to ensure that science informs policy outcomes and protects the public. Some are trying to preserve regulations they spent years of their lives writing.
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  • The current rules, written during the Obama administration, are now up for review, and Trump administration appointees do not want to further tighten controls on the industrial pollutant, which contributes to lung disease. But in a draft analysis of the soot regulations, scientists included data showing that by tightening the existing standard by 25 percent, as many as 12,150 lives could be saved a year. That data may be a powerful weapon for promised legal challenges to the stay-the-course soot rule.
  • And this winter, as Trump administration officials worked on a rollback of Obama-era fuel economy standards, political appointees found themselves at odds with their career staff, combing through thousands of pages of analysis to find what Thomas J. Pyle, a Trump campaign adviser in 2016, called “trip wires that E.P.A. staffers were setting” in their work. There is no accusation, however, that any data was false or that E.P.A. employees were engaged in scientific misconduct.
  • Civil servants who have served in the federal government for decades said that the efforts by the Trump Administration to roll back environmental regulations were sharply different from those of previous administrations.“In previous administrations, we did not always agree with the policies, but when we did new rules, we spent years reviewing the data, the science, the economics, as the law says to do,” said Elizabeth Southerland, who joined the E.P.A. during the first George Bush administration and resigned in 2017 from her position as a senior official in the agency’s clean water program. “But what these guys have done is come in and repeal and replace, without relying on data and science and facts.”
  • But E.P.A. scientists who reviewed the health data concluded the current rule was still killing people and wanted their warnings made public.So on Page 181 of a draft 457-page scientific risk assessment, they placed critical data points. The scientists estimated that the current standard, which allows for 12 micrograms of fine soot per cubic meter of air, is “associated with 45,000 deaths” annually. In a separate paragraph, the scientists wrote that if the rule were tightened to nine micrograms per cubic meter, annual deaths would fall by about 27 percent — or 12,150 people a year.
  • A final version of the report, published in January to preview the still-unpublished rule, does say the rule as it stands contributes to 45,000 deaths annually, but it also says only that tightening it would reduce “health risks,” not deaths.
  • Such advice guided dozens of scientists, lawyers and engineers who wrote President Barack Obama’s Clean Power Plan to cut planet-warming carbon dioxide emissions from power plants and give a boost to renewable energy. When the same civil servants were directed to undo it and create a more coal-friendly version, some of those who remained at the E.P.A. made sure the documents accompanying the proposed replacement included the fact that increased coal pollution would cause 1,400 new premature deaths a year.
  • The scientists have some legal protection. On climate change, the Global Change Research Act of 1990 legally mandates that 13 federal agencies work together to produce a comprehensive report every four years on the impact of planetary warming on the United States. After the 2018 assessment concluded that climate change could knock as much as 10 percent off U.S. economic production by the century’s end, White House officials decided the law mandating the report made suppressing or altering it too legally risky.
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The impeachment trial hurtles toward its worst-case conclusion - The Washington Post - 0 views

  • As President Trump’s impeachment trial speeds to a close, perhaps as soon as Friday, likely without any witnesses, the result looks to be a worst-case scenario.In the beginning, the president’s lawyers made a relatively benign argument: He didn’t do it. No quid pro quo.
  • But House managers tried their case too well. Evidence piled up
  • In response, Trump’s defenders shifted to a far more sweeping, and dangerous, defense. They stepped away from denying misconduct and instead declared that the president can do as he pleases — or, as Trump puts it, that the Constitution gives him “the right to do whatever I want as president.”
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  • Now, when they acquit, senators won’t just excuse Trump’s behavior. They will endorse the belief that a president can do as he pleases — the law be damned.
  • In the Nixon-Frost interview of 1977, President Richard Nixon uttered the infamous words: “When the president does it, that means it is not illegal.” Now, “we are right back to where we were a half-century ago, and I would argue that we may be in a worse place,” Schiff said. “Nixon was forced to resign. But that argument may succeed here now.”
  • On the Senate floor Thursday, Democratic senators probed for limits to what one called this “insane” doctrine: Could a president take any election help he wants from a foreign government? Could he withhold a city’s disaster aid if the mayor doesn’t endorse him?
  • “What we have seen over the last couple of days is a descent into constitutional madness,” said Rep. Adam Schiff, the lead House manager.
  • “If a president did something which he believes will help him get elected — in the public interest — that cannot be the kind of quid pro quo that results in impeachment,” Trump lawyer Alan Dershowitz declared Wednesday.
  • At first, Republican senators planned to acquit Trump for his behavior. Now they are voting to bless his claim that anything he does is, by definition, legal.
  • The president need no longer yield documents or testimony to congressional oversight. And the president can ignore any law if it helps in his reelection — as long as he believes his reelection is in the public interest
  • With their votes to acquit, senators will embrace a new concept: Right is whatever the president says it is.We are lost.
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Scary, judgmental old men - The Washington Post - 0 views

  • he sexual harassment revolution emerged from society in spite of — or even in defiance of — a president who has boasted of exploiting women and who stands accused of harassing more than a dozen.
  • This is a reminder that the moral dynamics of a nation are complex, which should come as no surprise to conservatives (at least of the Burkean variety)
  • Politics reaches only the light zone of a deep ocean. It is a sign of hope that moral and ethical standards can assert themselves largely unaided by political, entertainment and media leaders
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  • What seemed for generations the prerogative of powerful men has been fully revealed as a pernicious form of dehumanization. Men such as Bill O’Reilly, Harvey Weinstein and Charlie Rose have been exposed at their moments of maximum cruelty and creepiness — just as their alleged victims (on credible testimony) experienced them. An ethical light switch was flipped. Moral outrage — the appropriate response — now seems obvious.
  • Over a period of years, this is what happened with the same-sex marriage movement. A type of inclusion that initially appeared radical and frightening became an obvious form of fairness to a majority of Americans.
  • We are seeing an example of how social change often (and increasingly) takes place. Advocates of a cause can push for a long time with little apparent effect. Then, in a historical blink, what seemed incredible becomes inevitable.
  • Such rapid shifts in social norms should be encouraging to social reformers of various stripes. Attitudes and beliefs do not move on a linear trajectory. A period of lightning clarity can change the assumptions and direction of a culture.
  • The movement against capital punishment, for example, may be reaching such a point.
  • Advocates of gun control, in contrast, seem to have an endless wait. But the record of our times counsels against despair.
  • how we got here is instructive. Conservatives have sometimes predicted that moral relativism would render Americans broadly incapable of moral judgment. But people, at some deep level, know that rules and norms are needed. They understand that character — rooted in empathy and respect for the rights and dignity of others — is essential in every realm of life, including the workplace.
  • Conservatives need to be clear and honest in this circumstance. The strong, moral commitment to the dignity of women and children recently asserting itself in our common life has mainly come from feminism, not the “family values” movement. In this case, religious conservatives have largely been bystanders or obstacles. This indicates a group of people for whom the dignity of girls and women has become secondary to other political goals.
  • We are a nation with vast resources of moral renewal. It is a shame and a scandal that so many religious conservatives have made themselves irrelevant to that task.
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Opinion | Stop the Executions, President Biden - The New York Times - 0 views

  • When Virginia abolished the death penalty this week, much of the response focused on what was new: the first Southern state to take this step, the state that has executed more people than any other in American history.
  • This is the same rationale that justices of the Supreme Court relied on almost 50 years ago, when the court barred the use of the death penalty as it was applied at the time. The ruling in Furman v. Georgia involved death sentences in three separate cases with very different facts.
  • Over the past few decades, the court has restricted or barred the use of the death penalty in cases involving juveniles and those with intellectual disabilities. But some states have found creative ways to avoid these rulings and keep on killing.Then there are the wrongful convictions and even cases of innocence. Since 1973, 185 people have been exonerated of the charges that landed them on death row, most often because of official misconduct. Not everyone is so lucky; at least 18 people have been executed despite serious doubts about their guilt, according to the Death Penalty Information Center, which opposes the practice.
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  • With Virginia’s ban this week, 23 states now prohibit the death penalty, and 11 more haven’t used it in at least a decade. It’s not a simple partisan issue, either. In several states, Republican lawmakers have joined Democrats in voting to ban capital punishment. In Virginia, some Democrats still supported the practice as recently as last year.
  • President Biden, who like most Democratic presidential candidates campaigned on ending the death penalty, can help break that cycle by imposing an immediate moratorium on federal executions, and commuting the sentences of the 50 or so inmates on federal death row in Terre Haute, Ind. These inmates account for a small fraction of the more than 2,500 condemned people around the country, but a moratorium would still be an important step toward admitting what the country’s highest court began to acknowledge decades ago: The death penalty is cruel, ineffective and morally repugnant. America needs to join most of the rest of the world and eliminate it.
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Senate Republicans already have a Donald Trump problem - CNNPolitics - 0 views

  • Over the past 10 days, two things happened that make clear that a) Trumpism isn't going anywhere and b) it's going to complicate Republican attempts to retake control of the Senate next November.
  • Missouri Gov. Eric Greitens (R), who resigned from office in 2018 amid a series of allegations of sexual and campaign misconduct, is running for the open Senate seat of Roy Blunt (R).
  • The second is that Alabama Rep. Mo Brooks (R), one of Trump's most ardent defenders and a believer in the idea that the 2020 election was somehow stolen from the 45th president, is running for the open seat being left behind by retiring Sen. Richard Shelby (R).
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  • "They need somebody who's going to go as I will, as I'm committed to do, to defending President Trump's America First policies and also to protecting the people of Missouri from Joe Biden, Nancy Pelosi and Chuck Schumer's radical leftist agenda," said Greitens of Missouri voters.
  • He spoke at the January 6 "Stop the Steal" rally that led to the insurrection at the US Capitol. And even in the aftermath of that riot, Brooks insisted, without evidence that left wings groups like Antifa had been behind the riot.
  • Greitens, after all, resigned under pressure as governor following revelations of a 2015 affair with a woman who testified under oath to state lawmakers that she felt forced into sexual acts by him -- and that he had threatened to make public explicit photos of her unless she stayed silent about the affair. Greitens admitted the affair but denied the other allegations.
  • On Brooks' part, he has been perhaps the single most outspoken advocate of the Big Lie that the 2020 election was stolen.
  • Both Brooks and Greitens, by dint of their unstinting loyalty to Trump -- not to mention their high profiles in their states -- will likely start as the frontrunners for the respective Republican nominations in both states.
  • in order for Republicans to retake the Senate, they need to pick up at least one Democratic seat while not losing any one their own
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Cuomo faces most serious allegation yet as aide says governor groped her | Andrew Cuomo... - 0 views

  • An aide to Andrew Cuomo says the New York governor groped her in the governor’s residence, marking the most serious allegation among those made by a series of women against the embattled Democrat, according to a report published in a newspaper Wednesday.
  • reported that the woman, who was not identified, was alone with Cuomo when he closed the door, reached under her shirt and fondled her. The newspaper’s reporting is based on an unidentified source with direct knowledge of the woman’s accusation.
  • The three-term governor faces harassment allegations from five other women
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  • “The governor’s sexual harassment, which Charlotte Bennett reported, was buried by his aides and never properly investigated,” Katz’s statement said. “Because of their enablement, another young woman was left in harm’s way.”
  • The woman whose account was reported by the Times Union also indicated that Cuomo had touched her and made flirtatious comments on multiple occasions.
  • In it, he denied ever touching a woman inappropriately. The aide subsequently became emotional, and told a female supervisor who approached her about her encounters with the governor. At least one supervisor reported the allegation to an attorney in the governor’s office Monday, the newspaper reported.
  • The state attorney general, Letitia James, has put together an investigative team to probe Cuomo’s workplace conduct. The governor has called on lawmakers and the public to await the results of that investigation. Federal investigators are also scrutinizing how his administration handled data concerning Covid-19 outbreaks at nursing homes.
  • Cuomo has repeatedly maintained he won’t resign.
  • The Republican assembly member Mike Lawler on Twitter called Cuomo “a sexual predator” who should be charged.
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Beth Moore: Popular evangelical Christian and Bible teacher says she's no longer a Sout... - 0 views

  • Beth Moore, a popular evangelical Christian and Bible teacher, says she is no longer a Southern Baptist and is parting ways with the denomination's publishing arm.
  • "I am still a Baptist, but I can no longer identify with Southern Baptists," she told the news agency. "I love so many Southern Baptist people, so many Southern Baptist churches, but I don't identify with some of the things in our heritage that haven't remained in the past."
  • The Southern Baptist Convention is the largest Protestant denomination in the US.
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  • Moore is the founder of Living Proof Ministries, a Bible study organization for women based in Houston, Texas.
  • In recent years, though, she has been an outspoken advocate for sexual abuse victims and a critic of President Donald Trump -- stances that have caused a rift between her and other Southern Baptist leaders, who have been among Trump's most fervent supporters.
  • Days after the news about the now infamous "Access Hollywood" tape broke in 2016, which captured Trump bragging about sexually assaulting women, Moore revealed that she, too, had been sexually abused and harassed.
  • "I'm 63 1/2 years old & I have never seen anything in these United States of America I found more astonishingly seductive & dangerous to the saints of God than Trumpism," Moore tweeted in December last year. "This Christian nationalism is not of God. Move back from it."
  • A series of scandals involving Southern Baptist leaders came to light in 2018. And in 2019, the Houston Chronicle and San Antonio Express-News published a sweeping investigation that found about 380 Southern Baptist leaders and volunteers had faced allegations of sexual misconduct and more than 700 victims had been abused over 20 years.
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Chuck Schumer joins congressional Democrats' call for Cuomo to resign - CNNPolitics - 0 views

shared by tsainten on 12 Mar 21 - No Cached
  • Andrew Cuomo to resign in the wake of sexual harassment allegations and his handling of Covid-19 deaths at state nursing homes.
  • -- who has vigorously resisted calls for his resignation and brushed them off as political maneuvers by his rivals -- but on the Biden White House, which has so far declined to call for the three-term Democratic heavyweight to step down, instead pointing to an ongoing investigation by the state's attorney general into the harassment allegations. An aide told CNN the White House had no new comment on the matter early Friday evening.
  • "Due to the multiple, credible sexual harassment and misconduct allegations, it is clear that Governor Cuomo has lost the confidence of his governing partners and the people of New York. Governor Cuomo should resign."
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  • the majority of the state's congressional delegation -- said Cuomo must resign, arguing that the allegations have impeded his ability to effectively govern and serve the people of New York.
  • The source said the tipping point for the members had been a combination of the most recent developments, including State Assembly Speaker Carl Heastie's announcement on Thursday that Democrats there would begin an impeachment investigation. The decision to go in, nearly all at the same time, was also an acknowledgment that when one made the call, it would up the pressure on all the rest.
  • "lost the confidence of the people of New York" and House Oversight Committee Chair Carolyn Maloney said Cuomo's resignation would be in the "best interest of all New Yorkers."
  • Several of the Democrats on Friday said New York State A
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Biden says Harris will lead Democrats in pushing for voting rights bill in Congress. - 0 views

  • A century after a white mob destroyed a vibrant African-American community in Tulsa, Okla., torching hundreds of homes and indiscriminately shooting people in the streets, President Biden told a crowd of survivors and their families that the story of the massacre “would be known in full view.”
  • It was the first time a president had visited the area to address what happened 100 years ago in Greenwood, the African-American community in Tulsa, that was the site of one of the worst outbreaks of racist violence in American history but one that went largely ignored in history books.
  • Mr. Biden, who has made racial equity and justice central themes of his presidency, was there to shed light on a painful part of the country’s history, by recalling in detail the horror that occurred between May 31 and June 1 in 1921, when angry whites descended on Greenwood, a prosperous part of Tulsa known as Black Wall Street, killing as many as 300 people and destroying more than 1,250 homes.
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  • Missing from the rollout was a plan to cancel student debt, which disproportionately affects Black students, or address the issue of reparations, federal repayments that relatives of Tulsa victims say could restore what was erased. White House officials have said that, as with the broader issue of reparations for Black Americans, the president supports a study of the issue.
  • Mr. Biden’s visit to Tulsa was a somber one. Before he delivered remarks, Mr. Biden met privately with survivors of the massacre, each between the ages of 101 and 107, whom he mentioned throughout his speech.
  • The massacre was sparked by the arrest of Dick Rowland, 19, a Black shoe shiner who was accused of assault against Sarah Page, 17, a white elevator operator. As he toured the Greenwood Culture Center, the president was told that within 24 hours of that encounter, the mob that formed in the wake of Mr. Rowland’s arrest destroyed much of Greenwood. The case was later dismissed.
  • But the political response to the recent killings remains uncertain. Mr. Biden had vowed to secure passage of the George Floyd Justice in Policing Act by May 25, the first anniversary of Mr. Floyd’s death. The bill would ban the use of chokeholds, impose restrictions on deadly force and make it easier to prosecute officers for wrongdoing. He missed that deadline, but lawmakers in both parties have expressed optimism that they will be able to reach a compromise on the legislation in the weeks ahead. Despite investigations, no one was ever convicted of crimes related to the Tulsa massacre. Mr. Biden has promised that his Justice Department will be a more active participant in helping to root out bias and bigotry in American police departments. The department has already begun “pattern or practice” investigations in Louisville, Ky., and Minneapolis, which are intended to examine excessive force, biased policing and other misconduct by officers.
  • President Biden said on Tuesday that he had directed Vice President Kamala Harris to lead Democrats in a sweeping legislative effort to protect voting rights, an issue that is critical to his legacy but one that sees little hope of success in a divided Senate.
  • Her foreign policy portfolio comes in addition to a host of other engagements, including, but not limited to: selling the American Rescue Plan, championing Mr. Biden’s infrastructure package, representing women in the work force, highlighting the Black maternal mortality rate, assisting small businesses, assessing water policy, promoting racial equity, combating vaccine hesitancy, and fighting for police reform.
  • Mr. Biden has focused on issues related to voting rights for much of his career, but he faces especially wrenching decisions when it comes to the voting rights legislation he has asked Ms. Harris to help shepherd through Congress.
  • Known as the For the People Act, the bill is the professed No. 1 priority of Democrats this year. It would overhaul the nation’s election system, rein in campaign donations and limit partisan gerrymandering. But after passing the House, it hit a wall of Republican opposition in the Senate.
  • One option for Democrats would be to ram the bill through on a partisan vote by further rolling back one of the foundations of Senate tradition, the filibuster. But at least one Democrat, Senator Joe Manchin III of West Virginia, remains opposed to the idea, potentially scuttling it.
  • “I hear all the folks on TV saying ‘Why doesn’t Biden get this done?’ ” Mr. Biden said. “Well, because Biden has a majority of effectively four votes in the House and a tie in the Senate, with two members of the Senate who vote more with my Republican friends,” a likely swipe at Mr. Manchin and Senator Kyrsten Sinema of Arizona, another moderate Democrat.
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Biden Promises Tulsa Massacre Survivors Their Story Will Be 'Known in Full View' - The ... - 0 views

  • The president, who has made racial equity and justice central themes of his administration, was in Tulsa, Okla., to commemorate a painful part of the country’s history.
  • Mr. Biden, who has made racial equity and justice central themes of his presidency, was in Tulsa to shed light on a painful part of the country’s history. He recalled in detail the horror that occurred from May 31 to June 1, 1921, when angry whites descended on Greenwood, killing as many as 300 people and destroying more than 1,250 homes.
  • The president’s visit was also intended to highlight steps his administration is taking to close the wealth gap between Black and white people in the United States, even as activists criticized him for not doing enough to correct historical wrongs and put the disadvantaged on equal footing.
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  • The N.A.A.C.P. and other civil rights groups have criticized the Biden administration for not taking the step to cancel student loans, saying it is one of the biggest obstacles holding back Black people from sharing in the wealth of other Americans.
  • Officials said that the president’s visit on Tuesday was intended to signal a new emphasis on racial equity and justice for Black Americans. Mr. Biden also said that he had directed Vice President Kamala Harris to lead Democrats in a sweeping legislative effort to protect voting rights, an issue that is critical to his legacy but faces increasingly daunting odds in the Senate.
  • Despite investigations, no one was ever convicted of crimes related to the Tulsa massacre. Mr. Biden has promised that his Justice Department will be more active in helping to root out bias and bigotry in American police departments. The Justice Department has already begun “pattern or practice” investigations in Louisville, Ky., and Minneapolis, which are intended to examine excessive force, biased policing and other misconduct by officers.
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The Pope Is Toughening Church Laws On Sex Abuse, Fraud And The Ordination Of Women : NPR - 0 views

  • ROME — Pope Francis on Tuesday issued a major revision of Catholic Church laws regulating clerical sex abuse, fraud and the attempt to ordain women. It is known as an apostolic constitution with the title, Pascite Gregem Dei, or "Tend the Flock."
  • In the works since 2009, the revision is the first in four decades since the version Pope John Paul II approved in 1983. And it appears to be in response to numerous clerical sex abuse and financial scandals that have rocked the church and shaken the trust of the faithful across the world over the last quarter century.
  • After handling scandals secretively with murky decision-making, and treating sexual relationships between priests and consenting adults as sinful but not a crime, the revisions reflect a new understanding in the church that abuse of power is an underlying cause of sexual abuse.
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  • In the new version, sexual abuse of minors – which previously had been included under the grouping of sins committed "against the sixth commandment," which prohibits sexual misconduct – has been placed under a new section, "Offenses against human life, dignity and liberty."
  • In a letter accompanying the document, Pope Francis reminded bishops that one of the aims of the revisions was "to reduce the number of cases in which the imposition of a penalty was left to the discretion of authorities."
  • The revisions also come in the wake of a massive Vatican report last fall that found that the former Washington, D.C., archbishop, ex-Cardinal Theodore McCarrick, had abused his authority to force seminarians to sleep with him
  • New articles stipulate that abuse can extend to adults, not just minors, and that laypeople in church offices can be punished for abusing minors as well as adults; forbid the possession of child pornography; and establish a newly defined crime of "grooming" of minors or vulnerable adults for sexual abuse.
  • the penalties include deprivation of office and potentially defrocking, one of the most severe punishments in canon law.
  • While the church has for centuries banned women from becoming priests, the previous code of 1983 said only that priestly ordination is reserved for a "baptized male." Now, there is a code that stipulates specifically that both the person who attempts to confer ordination on a woman and the woman herself incur automatic excommunication and that the cleric risks being defrocked.
  • In response, Kate McElwee, executive director of the Women's Ordination Conference, said in a statement that while not surprising, spelling it out as a new code is "a painful reminder of the Vatican's patriarchal machinery, and its far-reaching attempts to subordinate women."
  • The new Code of Canon Law will go into effect on Dec. 8.
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Chauvin Could Face 30 Years In Prison. His Defense Wants Time Served : Live Updates: Tr... - 0 views

  • Prosecutors are seeking a 30-year sentence for the former Minneapolis police officer convicted of murder in George Floyd's death, but a defense attorney is asking that Derek Chauvin be sentenced to probation and time already served, according to court documents filed Wednesday.
  • Chauvin is scheduled to be sentenced June 25 following his conviction on murder and manslaughter charges. Judge Peter Cahill previously ruled there were aggravating factors in Floyd's death. That gives him the discretion to sentence Chauvin above the range recommended by state guidelines, which top out at 15 years.
  • Prosecutors said Chauvin's actions were egregious and a sentence of 30 years would "properly account for the profound impact of Defendant's conduct on the victim, the victim's family, and the community." They said that Chauvin's actions "shocked the Nation's conscience."
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  • Mark Osler, a former federal prosecutor and now a professor at the University of St. Thomas School of Law, said it's not unusual for attorneys to make these kinds of requests as a sort of "opening offer." He said there is zero chance that Chauvin will get probation, and prosecutors are also unlikely to get the 30 years they are requesting.
  • Chauvin was convicted in April of second-degree unintentional murder, third-degree murder and second-degree manslaughter for pressing his knee against Floyd's neck for about 9 1/2 minutes as the Black man said he couldn't breathe and went motionless. Floyd's death, captured on widely seen bystander video, set off demonstrations around the United States and beyond as protesters demanded changes in policing.
  • Even though Chauvin was found guilty of three counts, he'll only be sentenced on the most serious one — second-degree murder. Under Minnesota sentencing guidelines, with no criminal record he faces a presumptive sentence of 12 1/2 years on that count. Cahill can sentence him to as little as 10 years and eight months or as much as 15 years and stay within the guideline range.
  • Prosecutors said that even one of those factors would warrant the higher sentence.
  • "In spite of the notoriety surrounding this case, the Court must look to the facts. They all point to the single most important fact: Mr. Chauvin did not intend to cause George Floyd's death. He believed he was doing his job," he wrote.
  • Nelson is also seeking a new trial for Chauvin — which is a fairly routine request after a conviction. He argued extensive pretrial publicity tainted the jury pool and denied Chauvin his right to a fair trial. He also said Cahill also abused his authority when he declined defense requests to move the trial out of Minneapolis and sequester the jury.
  • Nelson is also asking for a hearing to investigate whether there was juror misconduct. Nelson alleged that an alternate juror who made public comments indicated she felt pressured to render a guilty verdict, and another juror who deliberated did not follow jury instructions and was not candid during jury selection. That juror, Brandon Mitchell, did not mention that he had participated in an Aug. 28 march in Washington, D.C., to honor Martin Luther King Jr.
  • Chauvin has also been indicted on federal charges alleging he violated Floyd's civil rights, as well as the civil rights of a 14-year-old he restrained in a 2017 arrest. The three other former officers involved in Floyd's death were also charged with federal civil rights violations; they await trial in state court on aiding and abetting counts.A federal trial date has not been set. Federal prosecutors are asking for more time to prepare for trial, saying the case is complex because of the sheer volume of evidence and the separate but coordinated state and federal investigations.
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Opinion | Policing Is Not Broken, It's 'Literally Designed to Work in This Way' - The N... - 0 views

  • Last week, an anxious America awaited the jury’s decision. Officer Derek Chauvin was convicted on all charges for the murder of George Floyd. But whatever feelings greeted such a rare outcome were short-lived for many. The next day, a Virginia man named Isaiah Brown was on the phone with 911 police dispatch when a sheriff’s deputy shot him 10 times, allegedly mistaking the phone for a gun.
  • Today, I’ve gathered three guests who approach reform differently to see where we agree and don’t. Rashawn Ray is a fellow at the Brookings Institute and a professor of sociology at the University of Maryland. Randy Shrewsberry is a former police officer. He’s now the executive director of the Institute for Criminal Justice Training Reform. And Ash-Lee Woodard Henderson is the first Black woman to serve as co-executive director of the Highlander Research and Education Center in Tennessee, a social justice training center where seminal figures like Rosa Parks trained.
  • Right, I think that we see so much of what policing has looked like, which is about the criminalization of poverty. I think it’s important to note here that this is something that I want to emphasize that police and justice impacts everyone with the cases of someone like Daniel Shaver, who was shot to death while crying on the floor, or Tony Timpa, who is held down by police while they laughed on body cam, and how much of this is the policing of poverty and the policing of what we think police are supposed to be doing is not what they’re doing. And so, Rashawn, I want to hear from you. You’ve done so much work on this. What are your top priorities when it comes to reforming policing?
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  • And I think we’ve seen that there is an expectation in this country of who is supposed to be policed and who is not supposed to be policed, that you’re supposed to go police those people over there, but if you order me to wear a mask, well, that’s just too much here. And we see time and time again that most killings by police start with traffic stops, mental health checks, domestic disturbances, low level offenses. We’ve seen with the cases of Philando Castile and others that traffic stops can be deadly. Randy, where does this come from? Why is the focus on low level offenses and not solving murders? I think a lot of people think that the police are focused on catching criminals, when that’s not really what they do.
  • That’s how we got Ferguson, right? That’s how we ended up with the death of Michael Brown. So what all of this led me to is when you follow the money, just over the past five years, in the major 20 metropolitan areas in the United States, taxpayers have paid out over $2 billion with a B in settlements for police misconduct. Oftentimes, people are paying for their own brutality, so outside of police budgets, which have swelled over the past three decades. I mean, you have everything from over 40 percent in Oakland to well over 35 percent in cities like Chicago and Minneapolis, that these civilian payouts don’t even come from the police budget. And what it led me to is that if we had police department insurance policies, if we had more police officer malpractice individual liability insurance, we would see not only a shift in financial culpability, but also a shift in accountability.
  • And the roots are embedded in white supremacy ideology that oftentimes we’re unwilling to admit. The other thing, good apples can’t simply override bad apples. Yes, overwhelmingly, officers get into it because they want to protect and serve. But we just heard from Randy what happens in that process. Good apples become poisoned. And they also can at times become rotten themselves. Because part of what happens is that they get swallowed up in the system. And due to qualified immunity, they are completely alleviated from any sort of financial culpability. And I think insurances can be a huge way to increase accountability.
  • So part of what we have to think through is better solutions. And what the research I’ve conducted suggests is that if we reallocate some of those calls for service, not only are there better people in the social service sector, such as mental health specialists or Department of Transportation better equipped to handle those things, but also police officers can then focus on the more violent crimes and increasing that clearance rate.
  • Yeah. I mean, I think lovingly, I came to this position because we’ve been putting platinum bandaids and piecemeal reforms into place. And it hasn’t made policing any better for Black people or poor people or immigrant people, right? When we talk about defunding the police, we’re not just talking about the sheriff in your county or the P.D. in your inner city neighborhood. We’re talking about the state police. We’re talking about Capitol police who we literally watched hand-walk insurrectionists out of the Capitol on January 6. We’re talking about immigrant communities that are impacted by I.C.E., right? We’re talking about Customs and Border Patrol.
  • How do we keep people safe if we defund the police? But I bet if I asked you, Jane or Rashawn or Randy, to close your eyes and tell me a time where you felt safe, what did it feel like, you wouldn’t tell me that there was a cop there. And if it was, it would probably be because that cop might have been your dad or your mom or your aunt or your uncle, right? Not because they were in their uniform in a cop car policing somebody else. So quite frankly, I think the only solution to policing in this country is abolition. And how do we get there through divestment and investment is really super clear.
  • Do I think that we can reform our way out of the crisis of policing in this country? I do not. And I don’t because I’ve seen so many times us try. I’ve seen us say that if we just trained them more, it would be different. I’ve seen us say, if we just banned no-knock warrants, it would be different. I’ve seen us say, if we just got body cams on these cops, which is more and more and more money going to policing, but what we’ve seen is that that hasn’t distracted or detracted them because they can continue to use reasonable force as their get out of jail and accountability-free card. So I just don’t believe that the data shows that reforming our way out of policing is keeping Black people free and alive.
  • But you know what? They did. But you know what also survived those historical periods? Law enforcement. You know why? Because law enforcement is the gatekeeper of legalized state sanctioned violence. Law enforcement abolition probably requires a revolution we haven’t seen before. Part of what abolitionists also want — because I think there are two main camps. There are some that are like, law enforcement shouldn’t exist. Prisons shouldn’t exist. There are others who are like, look, we need to reimagine it. Like those rotten trees, we need to cut it down. When you deal with a rotten tree or a rotten plant, simply cutting it down doesn’t make it go away. The roots come back, right? And oftentimes, the plant comes back stronger. And interestingly, it comes back in a different form, like it’s wrapped in a different package. And so, but there are some people who say, how about we address abolition from the standpoint of abolishing police departments as they currently stand and reimagining and rebuilding public safety in a way that’s different? See, even the terminology we use is really important — policing, law enforcement, public safety. Part of reimagining law enforcement is reimagining the terms we use for what safety means. And how I think about it is, who has the right to truly express their First Amendment right and be verbally and/or nonviolently expressive? It’s not illegal to be combative.
  • And one of my colleagues was reading a clip. And he was saying, yeah, we need more police surveillance. We need to make sure that we watch what they’re doing. We need more training. This clip was from the 1980s, almost around the same time where Ash was talking about she was born.
  • The United States taxpayer is essentially asked to foot this impossible and never-ending bill to maintain this failed system of policing, right? I want to pull a little bit on Randy’s last point and what Dr. Ray raised about guns as well. It’s like even Forbes, I think, last week mentioned that more than one mass shooting per day has occurred in 2021. And so if cops keep me safe from gun violence, this stat wouldn’t be real, right? So if police officers were keeping Black people safe from gun violence, the world will be a very different place. And I doubt we would be having this conversation in the first place. We’ve got to actually be innovative beyond the request for support for more money for more trainings, for more technology. And so, quite frankly, when we think about what’s happening on the federal level legislatively right now with the Justice and Policing Act, I think the movement for Black — well, not I think — I know the movement for Black Lives unequivocally doesn’t support it. Because, again, it’s an attempt at 1990 solutions to a 2021 problem
  • If you want to learn more about police reform, I recommend reading the text of the George Floyd Justice and Policing Act of 2021. I also recommend The New York Times Magazine piece that features a roundtable of experts and organizers. It’s called, “The message is clear: policing in America is broken and must change.
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New York State Sues NYPD Over Its Handling Of 2020 Racial Justice Protests : NPR - 0 views

  • New York Attorney General Letitia James has filed a lawsuit against the New York City Police Department, citing "a pattern of using excessive force and making false arrests against New Yorkers during peaceful protests" that sought racial justice and other changes.
  • The Black Lives Matter movement and other activists organized large protests in New York and other states last year, after the Memorial Day death of George Floyd at the hands of police in Minneapolis. Demonstrations grew over similar incidents, including the killing of Breonna Taylor in Louisville, Ky.
  • "more than 1,300 complaints and pieces of evidence" about the police response to the protests in New York City. It's now seeking a court order "declaring that the policies and practices that the NYPD used during these protests were unlawful."
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  • Along with the court order, the attorney general is asking for policy reforms, as well as a monitor to be installed to oversee the NYPD's tactics and handling of future protests.
  • The NYPD has been sharply criticized over a number of its officers' actions in the past year. Last May, police SUVs were shown in a video of a protest in Brooklyn, surging into a crowd that had surrounded them. In another incident, an officer drew his gun and pointed it at a crowd of people.
  • The NYPD did not immediately respond to a request for comment. After the lawsuit was filed, the Police Benevolent Association of the City of New York issued a statement blaming the city's leadership for the problems at the protests.
  • The police actions broke state and federal law, James says. The lawsuit alleges that New York City, Mayor Bill de Blasio, NYPD Commissioner Dermot Shea and NYPD Chief of Department Terence Monahan "failed to prevent and address the pattern or practice of excessive force and false arrests by officers against peaceful protesters in violation of the First, Fourth, and Fourteenth Amendments of the United States Constitution"
  • James announced the lawsuit against the NYPD Thursday morning, in a virtual news conference that began shortly before New York Gov.
  • Last June, the NYPD suspended at least two officers for their behavior during protests, including an officer who was captured on video pushing a woman to the ground in Brooklyn. Another officer was punished for "pulling down an individual's face mask in Brooklyn and spraying pepper spray at him,
  • Human Rights Watch, an independent watchdog group, issued a report last year on the police misconduct in Brooklyn which said that clearly identified medics and legal observers were among those zip-tied and beaten by police, in a response to the protest which was "intentional, planned, and unjustified."
  • The lawsuit says the police department sent thousands of poorly trained officers to cope with large-scale protests, resulting in mass arrests and attempts to suppress demonstrations. It also says the NYPD made a practice out of "kettling" – corralling people by using physical force and obstructions – to arrest protesters rather than allow crowds to disperse.
  • A Minnesota judge ruled this week that Derek Chauvin, the former police officer who kept his knee on Floyd's neck for several minutes, will stand trial alone when proceedings begin in March. Chauvin is charged with second-degree murder and manslaughter. Readability mode is unavailable for this webpage. Please visit cache page or original page Top - A + ==== Serif ====PT SerifMerriweatherMartelNoto SerifSlabo 27pxAndadaLoraRoboto Slab== Sans Serif ==Source Sans ProOpen SansLato
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The Capitol Police Had One Mission. Now the Force Is in Crisis. - The New York Times - 0 views

  • As old as the Capitol itself, the Capitol Police began in 1801 with the appointment of a single guard to oversee the move of Congress from Philadelphia to Washington, D.C. His task, according to a court filing, was to “take as much care as possible with the property of the United States.”
  • “We’re having a hell of a time getting information from Capitol Police leadership,” said Mr. Ryan, who chairs the House committee that oversees the department’s budget. “We fund the Capitol Police. Congress funds the Capitol Police through the Appropriations Committee. We deserve to know and understand what the hell is going on.”
  • A handful of high-profile incidents in recent years — locking down the Capitol but failing to inform Congress; ordering a nearby tactical team not to respond when a gunman opened fire at the Washington Navy Yard; the fatal shooting of a Black woman who made a U-turn at a checkpoint — have raised questions about the department’s procedures and operational paralysis.
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  • In another, an officer assigned to protect high-ranking lawmakers racked up two charges of drunken driving, including one case in which his car struck a Maryland State Police trooper’s unmarked cruiser. The officer continued to climb the ranks, despite an internal investigation for overtime fraud.
  • The responsibilities of the Capitol Police are vastly different from those of ordinary police departments. The force protects the Capitol grounds, members of Congress and staff, and it screens millions of visitors a year. Officers are expected to recognize the 535 lawmakers and to avoid offending them.
  • The delicacy of that task was on full display in 1983, when a House inquiry found that the Capitol Police had botched a drug investigation by creating “the impression that the investigation may have been terminated to protect members” — while noting that, to be sure, no members had been implicated.
  • Allegations of gender discrimination have dogged the department for years. In lawsuits, female officers have described a culture of sexual harassment, with commanders rarely punished for lewd remarks or for sleeping with subordinates
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Flint water: Former Michigan governor and 8 others face charges in water crisis that le... - 0 views

  • Twelve people died and more than 80 were sickened during the Flint water crisis, and now authorities are holding Michigan officials responsible.
  • In a news conference Thursday, prosecutors announced charges against nine officials for their roles in the crisis, including former Gov. Rick Snyder, who faces two counts of willful neglect of duty. Snyder has pleaded not guilty to the charges. The eight others include members of Snyder's staff, officials from the city of Flint and state public health officials. They face a variety of charges ranging from willful neglect of duty to involuntary manslaughter."The Flint water crisis is not some relic of the past," Michigan Solicitor General Fadwa Hammoud, one of the prosecutors leading the investigation, said.
  • Flint has been exposed to extremely high levels of lead since 2014 when city and state officials switched the city's water supply from the Detroit Water System to the contaminated Flint River in an effort to cut costs.
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  • "one of the largest criminal investigations currently underway in the world."
  • "Like any other case, we charge cases that we can prove beyond a reasonable doubt," Worthy said. "We do not charge cases that we cannot prove beyond a reasonable doubt, so we are confident in all charges that we have meted out today."
  • Like Snyder, former Flint Public Works director Howard Croft pleaded not guilty Thursday to two counts of willful neglect of duty. The charges against Snyder and Croft -- which first came to light in court documents Wednesday -- are misdemeanors, punishable with up to one year in prison or a fine of up to $1,000, according to the state's penal code.
  • Among the others who face charges is Nicholas Lyon, the former director of the Michigan Department of Health and Human Services, who faces nine counts of involuntary manslaughter -- each a felony punishable by up to 15 years in prison -- and one count of willful neglect of duty.
  • Eden Wells, the state's former chief medical executive, faces nine counts of involuntary manslaughter, one count of willful neglect of duty and two counts of misconduct in office, each punishable by up to 5 years in prison.
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Why Remove Trump Now? A Guide to Trump's Impeachment - The New York Times - 0 views

  • The House on Wednesday impeached President Trump for a second time, a first in American history, charging him with “incitement of insurrection” one week after he egged on a mob of supporters that stormed the Capitol while Congress met to formalize President-elect Joseph R. Biden Jr.’s victory.
  • At least five people, including a Capitol Police officer, died during the siege and in the immediate aftermath.
  • The process is taking place with extraordinary speed and will test the bounds of the impeachment process, raising questions never contemplated before.
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  • The House vote requires only a simple majority of lawmakers to agree that the president has, in fact, committed high crimes and misdemeanors; the Senate vote requires a two-thirds majority.
  • The test, as set by the Constitution, is whether the president has committed “treason, bribery, or other high crimes and misdemeanors.”
  • Impeachment is one of the weightiest tools the Constitution gives Congress to hold government officials, including the president, accountable for misconduct and abuse of power.
  • The article, drafted by Representatives David Cicilline of Rhode Island, Ted Lieu of California, Jamie Raskin of Maryland and Jerrold Nadler of New York, charges Mr. Trump with “incitement of insurrection,” saying he is guilty of “inciting violence against the government of the United States.”
  • The article cites Mr. Trump’s weekslong campaign to falsely discredit the results of the November election, and it quotes directly from the speech he gave on the day of the siege in which he told his supporters to go to the Capitol. “If you don’t fight like hell,” he said, “you’re not going to have a country anymore.”
  • While the House moved with remarkable speed to impeach Mr. Trump, the Senate trial to determine whether to remove him cannot begin until Jan. 19, his final full day in office.
  • Democrats have argued that Mr. Trump’s offense — using his power as the nation’s leader and commander in chief to incite an insurrection against the legislative branch — is so grave that it must be addressed, even with just a few days remaining in his term.
  • Conviction in an impeachment trial would not automatically disqualify Mr. Trump from future public office. But if the Senate were to convict him, the Constitution allows a subsequent vote to bar an official from holding “any office of honor, trust or profit under the United States.”
  • There is no precedent, however, for disqualifying a president from future office, and the issue could end up before the Supreme Court.
  • Democrats who control the House can choose when to send their article of impeachment to the Senate, at which point that chamber would have to immediately move to begin the trial. But because the Senate is not scheduled to hold a regular session until Jan. 19, even if the House immediately transmitted the charge to the other side of the Capitol, an agreement between Senate Republican and Democratic leaders would be needed to take it up before then.
  • Once the Senate receives the impeachment charge, it must immediately take up the issue, as articles of impeachment carry the highest privilege.
  • The Senate could hold a trial for Mr. Trump even after he has left office, though there is no precedent for it. Only two presidents other than Mr. Trump have been impeached — Andrew Johnson in 1868 and Bill Clinton in 1998 — and both were ultimately acquitted and completed their terms in office.
  • With only a week left in his term, the House impeached President Trump, but he will leave office before he stands trial in the Senate. Here’s how the process works.
  • The charge against Trump is ‘incitement of insurrection.’
  • That vote would require only a simple majority of senators. Such a step could be an appealing prospect not just to Democrats, but also to many Republicans who either have set their sights on the presidency themselves or are convinced that it is the only thing that will purge Mr. Trump from their party. Senator Mitch McConnell of Kentucky, the Republican leader, is said to hold the latter view.
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