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Javier E

John Adams' Fear Has Come to Pass - by David French - 0 views

  • When I try to explain the aspirational genius of the American founding, I always refer to two documents
  • They’re by the famous “frenemies” of the American founding, Thomas Jefferson and John Adams.
  • Jefferson’s Declaration of Independence. The second is Adams’s very short Letter to the Massachusetts Militia, dated October 11, 1798.
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  • these documents define the American social compact—the mutual responsibilities of citizen and state—that define the American experiment.
  • Here’s the first pair, from the Declaration:
  • We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.
  • The first sentence recognizes the inherent dignity of man as human beings created in the image of God. The second sentence, nearly as important, recognizes the unavoidable duty of government to recognize and protect that dignity. While the sole purpose of government isn’t to protect liberty, a government that fails to protect liberty fails in an essential function. 
  • Adams wrote to the officers of the First Brigade of the Third Division of the Militia of Massachusetts to outline the responsibilities of the citizens of the new republic.
  • The letter contains the famous declaration that “our Constitution was made only for a moral and religious People. It is wholly inadequate to the government of any other.” But I’m more interested in the two preceding sentences:
  • Because We have no Government armed with Power capable of contending with human Passions unbridled by morality and Religion. Avarice, Ambition, Revenge or Galantry, would break the strongest Cords of our Constitution as a Whale goes through a Net.
  • Put in plain English, this means that when public virtue fails, our constitutional government does not possess the power to preserve itself.
  • the American experiment depends upon both the government upholding its obligation to preserve liberty and the American people upholding theirs to exercise that liberty towards virtuous purposes. 
  • Citizen and state both have obligations, and if either side fails, it imperils the republic.
  • We see this reality play out in American history.
  • The seeds for the first great American crisis were sown in the original Constitution itself. By failing to end slavery and by failing to extend the Bill of Rights to protect citizens from the oppression of state and local governments, the early American government flatly failed to live up to the principles of the Declaration, and we paid the price in blood.
  • our nation seethes again today
  • The response to John Adams’s warning is not to arm the government with more power but to equip citizens with more virtue.
  • Its politics are gripped by deep hatred and abiding animosity, and its culture groans under the weight of human despair. Hatred rules our politics; anxiety, depression, and loneliness dominate our culture.
  • Those many cultural critics who look at the United States of America and declare that “something is wrong” are exactly right
  • here’s the difference—unlike the days when we could point to a specific source of government oppression, such as slavery or Jim Crow, the American government (though highly imperfect) currently protects individual liberty and associational freedoms to a degree we’ve never seen in American history.
  • Even after the Civil War, the quick end of Union occupation of the Confederacy enabled the creation of an apartheid substate in the South. Once again, the government failed to live up the core principles of the founding. It is by God’s grace that the Jim Crow regime ended primarily as the result of one of the Civil Rights Movement—one of the great Christian justice movements in history—and not as the result of another convulsive civil conflict.
  • But what can the government do about friendlessness? About anxiety? What can the government do to make sure that we are not—in Robert Putnam’s memorable phrase—“bowling alone?
  • that challenge is compounded by the fact that the most engaged American citizens are its most angry partisans.
  • And if you think that most-partisan cohort is seething with anger because they suffer from painful oppression, think again. The data is clear. As the More in Common project notes, the most polarized Americans are disproportionately white and college-educated on the left and disproportionately white and retired on the right. 
  • The people disproportionately driving polarization in the United States are not oppressed minorities, but rather some of the most powerful, most privileged, wealthiest people who’ve ever lived.
  • They enjoy more freedom and opportunity than virtually any prior generation of humans, all while living under the protective umbrella of the most powerful military in the history of the planet.
  • It’s simply an astonishing level of discontent in the midst of astonishing wealth and power.
  • maybe it’s not so astonishing, because accumulating wealth and power is not and never was the path to meaning and purpose.
  • much of both the right and left postliberal impulse is related to the first of John Adams’s two key sentences. If we don’t have a government “armed with Power capable of contending with human Passions unbridled by morality and Religion,” then their solution is to increase the power of government. Arm it with more power. 
  • But when it comes to government, you’re never arming an “it,” you’re arming a “them”—a collection of human beings who suffer from all the same character defects and cultural maladies as the rest of us
  • As James Madison observed in Federalist 51 (the second-best Federalist Paper), “If angels were to govern men, neither external nor internal controls on government would be necessary.” Yet American postliberalism asks us to empower men and women who frequently don’t even pretend to be virtuous, who often glory in their vice, all for the “common good.” 
  • We still battle the legacy of past injustice and the present reality of lingering discrimination, but there’s just no comparison between the legal systems that destabilized America and the legal systems that exist today. 
  • how do we do that? The path past animosity and against despair can be as short and simple as the path from Twitter to the kitchen table
  • It’s shifting the focus from the infuriating thing you can’t control to the people you can love, to the institutions you can build.
  • in this present time, thanks to the steadily-expanding sphere of American liberty, we have more ability to unite—including for religious purposes—than at any time in American history. Yet we still bowl alone. We tweet alone. We rage alone, staring at screens and forming online tribes that provide an empty simulacrum of real relationships.
  • for all too many of us that feels empty, like our small actions are simply inadequate to address the giant concerns that dominate our minds
  • To do the big thing—to heal our land—we have to do the small things.
  • We need a frame shift. Do not think of doing the small things as abandoning the larger quest. See every family, every friendship, every healthy church, every functioning school board as indispensable to our continued American experiment. 
  • For those who think and obsess about politics, this shift from big to small is hard. It’s hard to think that how you love your friends might be more important to our nation than what you think of CRT
  • When our crisis is one of hatred, anxiety, and despair, don’t look to politics to heal our hearts. Our government can’t contend with “human Passions unbridled by morality and Religion.” Our social fabric is fraying. The social compact is crumbling. Our government is imperfect, but if this republic fractures, its people will be to blame. 
criscimagnael

El Salvador Releases 3 Women Serving Long Prison Sentences for Abortions - The New York... - 0 views

  • The three women, who had suffered obstetric emergencies, had been sentenced to 30 years in prison under the nation’s strict anti-abortion laws.
  • resident Nayib Bukele’s government has freed three Salvadoran women who were sentenced to 30 years in prison under the nation’s strict anti-abortion laws after suffering obstetric emergencies, according to abortion rights groups.
  • Morena Herrera of the Citizen’s Group for the Depenalization of Abortion said late Friday that the group was told one woman would be set free at presidential order, but when they went to the prison to greet her, three were released.
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  • Ms. Herrera said she had no additional information about the decision, though she noted that petitions were pending before the Supreme Court to commute the women’s sentences.
  • The three are among at least 17 Salvadoran women activists consider unjustly convicted and imprisoned following obstetric emergencies and who have been at the center of a campaign against El Salvador’s absolute law against abortions.
  • “We are grateful that our petitions are being heard and we trust that President Bukele is going to work to achieve freedom for the rest of the innocent women,” said Paula Avila-Guillén, executive director of the Washington-based Women’s Equality Center.
  • El Salvador is among four countries in Latin America that ban abortion in all cases, including when the life of the mother is at risk and in cases of rape. The others are Nicaragua, Honduras and the Dominican Republic. Charges of homicide are often brought in abortion cases.
  • In December of last year, Argentina legalized abortion, and in September of this year, Mexico’s Supreme Court decriminalized abortion.
Javier E

The Death of Aaron Swartz - Clive Crook - The Atlantic - 0 views

  • By and large, American prosecutors no longer fight their cases at trial. The new dispensation is justice by plea bargain. The more savage the penalties prosecutors can threaten, the more likely the defendant (guilty or innocent) is to speed things along by pleading guilty and accepting a light penalty.
  • In my conception of criminal justice, the prosecutor's role is to establish guilt, not pass sentence. Juries have already been substantially dispensed with in this country. (By substantially, I mean in 97 percent of cases.) If prosecutors are not only going to rule on guilt unilaterally but also, in effect, pass sentence as well, one wonders why we can't also dispense with judges.
  • In recent years, as the Wall Street Journal has documented in a disturbing series of articles, Congress has enabled prosecutorial intimidation by criminalizing ever more conduct, passing laws that provide for or require extreme sentences, and reducing the burden of proof (through expanded application of "strict liability", where lack of criminal intent is no defense).
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  • "There is no one in the United States over the age of 18 who cannot be indicted for some federal crime," said John Baker, a retired Louisiana State University law professor... "That is not an exaggeration."
  • In this system, everything depends on the moderation and good sense of prosecutors. We see how well that worked in the Swartz case. Most no doubt strive to live up to those standards, but what about the ones that don't? Where's the accountability? What about crusaders for "justice" with half their minds on their next career in politics?
  • I'm surprised that Americans aren't more alarmed by the workings of their criminal justice system
sgardner35

Hosni Mubarak Sentenced to Life Term by Egyptian Court - NYTimes.com - 0 views

  • CAIRO — An Egyptian court on Saturday sentenced former President Hosni Mubarak to life in prison as an accomplice in the killing of unarmed demonstrators during the protests that ended his nearly 30-year rule.
  • They denounced the verdict as a sham because the court also acquitted many officials more directly responsible for the police who killed the demonstrators, and a broad range of lawyers and political leaders said Mr. Mubarak’s conviction was doomed to reversal on appeal.
  • Mr. Mubarak, 84, was an “accessory to murder” because he failed to stop the killing, a rationale that lawyers said would not meet the usual requirements for a murder conviction under Egyptian or international law.
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  • “It is all an act. It is a show,” said Alaa Hamam, 38, a Cairo University employee joining a protest in Tahrir Square, the symbolic heart of the uprising. “It is a provocation.”
  • Against an opaque backdrop of military rule, in which the generals, prosecutors and judges were all appointed by Mr. Mubarak, the degree of judicial independence is impossible to know. Demonstrators slammed the decision as a ruse designed to placate them without holding anyone accountable for the violence or corruption of the old government.
  • In the parking lot outside the makeshift courthouse in a police academy, some initially celebrated the verdict. “I am so happy — this is the greatest happiness I have ever felt,” said Rada Mohamed Mabrouk, a 60-year-old retiree. “The martyrs are all of our children.”
  • He called Mr. Mubarak’s tenure “30 years of intense darkness — black, black, black, the blackness of a chilly winter night.”
  • As Mr. Mubarak’s last prime minister, Mr. Shafik presided over the cabinet when the police failed to protect unarmed protesters in Tahrir Square from a deadly assault by a mob of Mubarak supporters known as the “battle of the camels.”
  • “The verdict means that the head of the regime and the minister of interior are the only ones who have fallen, but the rest of the entire regime remains,” the Brotherhood, Egypt’s largest Islamist group, said in a statement.” It added, “The Egyptian people have to sense the great danger that threatens their revolution and their hopes, and wastes the blood of the martyrs and the sacrifices of their children.”
  • Both sons stood in front of their father to try to shield him from the cameras. Alaa Mubarak appeared to recite verses from the Koran as the verdict was read. And after the ruling, both sons had tears in their eyes. They remain in jail while they face charges in an unrelated stock-manipulation case announced last week.
  • The judge dismissed the corruption charges against Mr. Mubarak and his sons on the grounds that a statute of limitations had expired since the three Mubaraks were said to have received the vacation homes. Prosecutors had evidently hoped to date the crime from the subsequent favors Mr. Mubarak did for Mr. Salem. It was unclear why the judge had not raised the statute of limitations issue earlier.
Javier E

Donald Trump explains American politics in a single sentence - The Washington Post - 0 views

  • On Morning Joe Wednesday morning, Donald Trump explained his — and Bernie Sanders’s — big wins in New Hampshire this way: “We’re being ripped off by everybody. And I guess that’s the thing that Bernie Sanders and myself have in common
  • We’re being ripped off, and Trump and Sanders are the only two candidates who are really saying that. They are speaking to people’s sense that our economic and political systems are cheating them, that they are being failed because the underlying rules of those systems have themselves been rigged.
  • In one sentence, Sanders blamed flat wages and soaring inequality on an economy whose rules have been written to benefit a tiny elite at the expense of everyone else, and tied this directly to a political system whose rules have been written to dis-empower the American people from doing anything about it.
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  • There are crucial differences between Trump’s and Sanders’s solutions to the problems they’ve identified, of course. Trump says our elites are weak, stupid, and corrupt. Sanders says our elites are being corrupted
  • Trump says the elites are cheating ordinary Americans by helping illegals, major corporations, and China, and vows to break this corrupt system over his knee and get it working again, because he’s not one of those elites
  • Trump is not making a sustained argument for political and campaign finance reform; he’s just saying he’s not a member of the class that is cheating you, and he will come in and bust up that class’s party
  • Sanders, by contrast, is making a sustained argument for political and campaign finance reform. For him, the culprit is not an elite that is actively trying to help illegals and China and allowing the country to slide into ruin out of national security weakness and ineffectiveness. Rather, it’s an oligarchy that has enriched itself by rigging the economy to effect a massive transfer of wealth upwards and to paralyze our political system from doing anything about it, thus corrupting our political classes.
  • While Clinton tends to focus on incremental solutions aimed at boosting wages and opportunity, and mitigating people’s economic difficulties on the margins, Sanders wants to rid the system entirely of its dependence on big money in order to actively reverse the upward redistribution of wealth
  • What both Trump and Sanders share is that they treat the problem as one of political economy, in which both the economic and political systems are rigged in intertwined ways, thus speaking directly to people’s understandable intellectual assessment of what is deeply wrong with our system and why it no longer works for them.
  • The Trump/Sanders indictment of our political economy may end up not having long term potency, after all. But this is the account that both Trump and Sanders have offered for their success, so maybe it’s worth taking seriously.
sarahbalick

Iran billionaire Babak Zanjani sentenced to death - BBC News - 0 views

  • Iran billionaire Babak Zanjani sentenced to death
  • He was arrested in December 2013 after accusations that he withheld billions in oil revenue channelled through his companies. He denies the allegations.
  • One of Iran's richest men, Zanjani was blacklisted by the US and EU for helping Iran evade oil sanctions.
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  • Two others were sentenced to death along with him and all were ordered to repay embezzled funds. The ruling can be appealed.
  • Before the oil embargo imposed by the EU in 2012, one in every five barrels of crude Iran exported was sold to refineries in Europe.
  • "We believe that Babak Zanjani in this case is just a debtor," the lawyer said.
  • Played a key role in helping Iran get around sanctions to sell oil abroad during the presidency of Mahmoud Ahmadinejad
  • Born in Tehran, attended a Turkish university and became a driver for Iran's central bank head in 1999, when he started out in currency exchange
maddieireland334

Iran Sentences Billionaire Businessman To Death For Corruption : The Two-Way : NPR - 0 views

  • An Iranian court has sentenced billionaire businessman Babak Zanjani to death on corruption charges, according to Iranian state media.
  • Zanjani is an oil trader who has blacklisted by the West for years on charges that he helped Iran evade oil sanctions.
  • "Iran's judiciary says an Islamic court convicted Zinjani and two associates of 'spreading corruption on earth,' a crime that carries the death penalty in Iran
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  • Zanjani's wealth has been estimated at $14 billion, The Associated Press reports, and Iran's Oil Ministry says the businessman owes more than $2.25 billion for oil sales he made on behalf of the Iranian government.
sarahbalick

Oscar Pistorius verdict changed to murder - BBC News - 0 views

  • Pistorious killed his girlfriend Reeva Steenkamp in February 2013 after shooting four times through a locked toilet door.
  • He is currently under house arrest after spending one year of his original five-year sentence in jail.Pistorius will have to return to court to be re-sentenced, for murder.
  • Yes. He will be back behind bars, less than two months after he was placed under house arrest
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  • The minimum sentence for murder is 15 years
  • Yes, but only if his lawyers are convinced that the appeal judges violated his constitutional rights.
anonymous

Iran jails woman for removing headscarf in public - BBC News - 0 views

  • An Iranian woman who publicly removed her veil to protest against a mandatory hijab law has been sentenced to two years in prison, prosecutors say.
  • He added that 21 months of the woman's sentence had been suspended and that she was in need of medical treatment.It follows dozens of similar arrests of Iranian women in recent weeks.
  • He criticised the suspension of the majority of her sentence and argued that she should serve the full term of her penalty. In December, an Iranian woman who was detained after defiantly taking off her headscarf and holding it on a stick in Tehran became the face of protests in the country.
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  • Since the Iranian revolution in 1979, women have been forced to cover their hair according to Islamic law on modesty.
Javier E

D'Souza, the Pardon Power and the Question of Norms - Talking Points Memo - 0 views

  • The pardon power is archaic and in some ways hard to reconcile with our modern concepts of justice and judicial process. But mercy is an important element of justice. Indeed, without a role for mercy there can be no justice. There are many people rotting in prison who shouldn’t be there, even if they were guilty of the crimes for which they were convicted.
  • Relatedly, I’ve written about the way the modern pardon power has been circumscribed almost beyond recognition. There’s a Pardon Attorney at the DOJ who handles the process. The guidelines make demands which all but erase the meaning of the pardon power itself. You not only have to express remorse, you have to have served your sentence and then wait a period of time after you’ve served your sentence. In other words, the whole idea of have executive clemency which springs you out of prison ahead of time isn’t even supposed to be part of the process
  • The pardon power is there to find people who simply should be forgiven by the state in advance of completing their sentence. We should use it for classes of prisoners who we see now shouldn’t be in jail
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  • Once marijuana is legal, should people really be serving long terms for use or minor dealing? As a legal matter, legalization makes no difference. But the pardon power can provide a measure of justice and rectification.
  • Yet clearly part of what running the pardon process through the DOJ is for is to insulate the President from that power
  • Joe Arpaio, Scooter Libby, Dinesh D’Souza – the pattern is pretty clear
  • What clearly isn’t okay is what we’re seeing today
  • the real pattern is giving political allies an out from the execution of the law, political allies and people who have an iconic significance for Trump’s most loyal supporters.
  • This isn’t just bad governance. It’s the essence of factional rule. The faction leader – the political warlord – gets control of the state and uses it in the interest of his supporters, protecting them from the law and giving them the state’s largesse
  • These are in a sense norms. The President doesn’t just wake up one day and decide to pardon someone or hear from a friend who puts in a good word for someone in jail. It’s too arbitrary, too ripe for abuse, even though the constitution is 100% clear that the President does have the power to do this.
  • This is why you have norms. They keep you within the rails in the face of obvious temptations and questions about propriety
clairemann

Virginia Becomes First Southern State to Abolish the Death Penalty - The New York Times - 0 views

  • Gov. Ralph S. Northam on Wednesday signed a bill that abolished the death penalty in Virginia, making it the first Southern state and the 23rd overall to end capital punishment amid rising opposition to the practice.
  • He also noted racial disparities in the use of the death penalty: During the 20th century, he said, 296 of the 377 inmates Virginia executed for murder — or about 79 percent — were Black.
  • “For the state to apply this ultimate, final punishment, the answer needs to be yes. Fair means that it is applied equally to anyone, no matter who they are. And fair means that we get it right, that the person punished for the crime did the crime.”
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  • In its final months, the administration executed 13 inmates, more than a fifth of the prisoners that the Bureau of Prisons considered to be on death row. The inauguration of Mr. Biden — who promised during the campaign to work to end federal capital punishment — almost certainly marked the end of that string of executions.
  • In 2000, the state executed a man who was 17 when he murdered his girlfriend’s parents. About five years later, the Supreme Court ruled that the execution of those who were minors at the time of their crimes was unconstitutional. Additionally, a case out of Virginia prompted the Supreme Court in 2002 to abolish the death penalty for those with intellectual disabilities.
  • The bill, which the Virginia House and Senate passed last month, stipulates that the sentences of the remaining death row inmates be converted to life in prison without eligibility for parole. The inmates will also not qualify for good conduct allowance, sentence credits or conditional release. Where there were once dozens of prisoners on the state’s death row, now there will be none.
  • “People are going to be looking at them going, ‘What in the world were those people thinking doing that?’” he said. He compared Virginia’s historical use of the death penalty to the Trump administration’s spasm of executions in its final months.
  • If Virginia is any indication, Republican support for abolishing capital punishment at the federal level is unlikely.
  • “could metaphorically be heard at the grave sites of those five crime victims,” Mr. Bell said during the hearing. “We have five dead Virginians that are not, that this bill will make sure that their killers do not receive justice.”
  • “Ending the death penalty comes down to one fundamental question, one question: Is it fair?” said Gov. Ralph Northam, who signed the bill on Wednesday.
  • The bill’s signing comes as President Biden faces pressure from members of his own party to commute the sentences of the remaining inmates on federal death row.
  • On Wednesday, State Senator Scott Surovell, a Democrat, visited the execution chamber for the first time since the early 1990s, when he toured the facility as a governor’s fellow. The gurney was new, Mr. Surovell said, adding that the same wooden chair remained but that there were also at least two digital clocks on the white walls that he did not recall.
  • “It’s a long, bloody history, and it’s astonishing that a state like Virginia, a former Confederate state, a state that so enthusiastically embraced the death penalty, is abolishing it,” Mr. Peppers said. “I never thought I’d see this.”
anonymous

Opinion | The Coronavirus Made the Radical Possible - The New York Times - 0 views

  • Last spring, as a poorly understood virus swept the planet­, something remarkable happened: Across the country, all levels of government put in place policies that just a few months earlier would have been seen by most people — not to mention most politicians — as radical and politically naïve.
  • s I researched new policies deployed during the pandemic, I learned about successful innovations in telehealth spurred by social distancing, relaxed rules for addiction treatment that improved access to daily methadone and students who discovered virtual learning to be a better fit. It will take time to evaluate all of the many policy experiments, but three particular areas stuck out as where these lessons are among the clearest: housing, prison reform and internet access.
  • Still, there are reasons for cautious hope. More Americans are now aware of the unsafe conditions in jails and the thousands there who are dying preventable deaths. “There are more than 60,000 people age 55 and up serving life sentences in prison, because of harsh sentences we handed out like candy,” said Amy Fettig, executive director of The Sentencing Project. “It’s incumbent on us to make sure that we show that these reforms like in New Jersey are noticed, that we can do these things safely.”
martinelligi

Hong Kong: Jimmy Lai sentenced to 14 months for pro-democracy protests - BBC News - 0 views

  • Hong Kong pro-democracy media tycoon Jimmy Lai has been sentenced to 14 months in prison after being found guilty of unauthorised assembly.
  • The 73-year-old founder of Apple Daily is a fierce critic of Beijing.
  • he verdict comes as the mainland is increasingly cracking down on Hong Kong's rights and freedoms.
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  • The law, implemented in Hong Kong by China last year, criminalises secession and subversion. Earlier this month, Beijing overhauled the territory's electoral rules to ensure more loyalty to the mainland
  • Earlier this week, Mr Lai's Apple Daily newspaper published a handwritten letter by him, sent from prison, which read: "It is our responsibility as journalists to seek justice. As long as we are not blinded by unjust temptations, as long as we do not let evil get its way through us, we are fulfilling our responsibility."
  • VideoHong
  • The sentencing is part of a series of trials all relating to the large-scale pro-democracy protests two years ago.
  • Britain handed back Hong Kong to China in 1997, and the Basic Law was created under the handover agreement under the "one country, two systems" principle.
  • This is supposed to protect certain freedoms for Hong Kong: freedom of assembly and speech, an independent judiciary and some democratic rights - freedoms that no other part of mainland China has.
  • But fears that this model was being eroded led to huge pro-democracy protests in 2019.
saberal

George Floyd's death: Derek Chauvin faces hearing on federal charges | Fox News - 0 views

  • The former Minneapolis police officer convicted of murder in George Floyd's death is scheduled to make an initial appearance Tuesday in federal court to face charges alleging he violated Floyd's civil rights by pinning the Black man to the pavement with his knee.
  • Floyd, 46, repeatedly said he couldn't breathe as Chauvin pinned him to the ground. Kueng and Lane helped restrain Floyd – Kueng knelt on Floyd’s back and Lane held down Floyd’s legs. Thao held back bystanders and kept them from intervening during the 9 1/2-minute restraint that was captured on bystander video and led to worldwide protests and calls for change in policing.
  • The other indictment against Chauvin alleges he deprived a then-14-year-old boy, who is Black, of his right to be free of unreasonable force when he held the teen by the throat, hit him in the head with a flashlight and held his knee on the boy’s neck and upper back while he was prone, handcuffed and not resisting.
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  • Chauvin was convicted in April on state charges of second-degree unintentional murder, third-degree murder and second-degree manslaughter in Floyd's death. Experts say he will likely face no more than 30 years in prison when he is sentenced June 25. If convicted in the federal case, any federal sentence would be served at the same time as his state sentence.
tsainten

Death penalty: Biden vowed to end capital punishment. Activists are demanding action as... - 0 views

shared by tsainten on 27 Apr 21 - No Cached
  • While there haven't been any federal or state executions since Biden took office, about 2,500 men and women sit on death row in federal and state prisons across the country -- and advocates say that, in the absence of an executive order from the White House, a state can at any moment schedule executions or the Justice Department can decide to calendar a federal inmate's death date.
  • a promise to pass legislation eliminating the death penalty on the federal level and to "incentivize states to follow the federal government's example. These individuals should instead serve life sentences without probation or parole."
  • The President has not directly addressed the death penalty since taking office -- though White House Press Secretary Jen Psaki said in March that Biden continues to have "grave concerns" about the practice.
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  • Abolishing the death penalty statute through Congress would prevent a future administration from restarting federal executions -- as former President Donald Trump did -- but members of Congress, former and current law enforcement as well as civil and human rights groups are urging Biden to use his executive pen to pause the federal death penalty.
  • Former Attorney General William Barr lifted a moratorium on the federal death penalty in July 2019, setting off a cascade of lethal injection executions -- 13 in total -- at the Terre Haute, Indiana, federal prison.
  • The President only has the power to pause the federal death penalty, according to Daniel S. Medwed, a University Distinguished Professor of Law and Criminal Justice at Northeastern University.
  • Biden's Attorney General Merrick Garland reaffirmed at his confirmation hearings in February that the new administration is committed to reversing Trump's approach. "The data is clear that it has been enormously disparate impact on Black Americans and members of communities of color, and exonerations also that something like half of the exonerations had to do with Black men. So all of this has given me pause," Garland said.
  • "I don't think citizens want the death penalty anymore or a moratorium. Now, it's a matter of dismantling the system so it cannot come back and function in a knee jerk reaction where 13 people can get executed like under Trump,"
  • "would come with great resistance." The CJLF is a nonprofit organization that advocates for equal justice for victims of crimes including pursuing the death penalty.
  • I don't want someone killed in my name," Mikey Bogart, a Boston Marathon bombing survivor, wrote in a statement after the Supreme Court decided in March to review whether to reinstate Tsarnaev's death sentence. "I hope the Biden Administration will reconsider pursuing a death sentence. Mr. Tsarnaev will spend the rest of his life in prison no matter what."
hannahcarter11

Eddie Lee Howard: A Black man who wrongfully served 26 years on death row in the killin... - 0 views

  • Eddie Lee Howard was wrongfully sentenced to death in 1994. Now, after decades of fighting, he has been exonerated.
  • Howard, who is Black, was sentenced to death in 1994, after being wrongfully convicted for the murder and rape of 84-year-old Georgia Kemp, who is White, in Columbus, Mississippi, according to the Innocence Project, which represented Howard.
  • Howard was initially tied to the crime by a doctor who compared bite marks on Kemp's body to Howard's teeth
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  • "an individual perpetrator cannot be reliably identified through bite-mark comparison."
  • As a result, the case was reversed, rendered and remanded. Howard was released from Mississippi's death row in December, and he was exonerated on Friday, the Innocence Project said.
  • The United States has some of the highest incarceration rates in the world. By the end of 2019, more than 1.4 million people were incarcerated in the nation, according to the US Bureau of Justice Statistics.
  • Black Americans are disproportionately affected, and in Mississippi more than half of the prison population is Black, according to a report by the Sentencing Project, a nonprofit criminal justice research organization.
leilamulveny

Prospect of Pardons in Final Days Fuels Market to Buy Access to Trump - The New York Times - 0 views

  • The brisk market for pardons reflects the access peddling that has defined Mr. Trump’s presidency as well as his unorthodox approach to exercising unchecked presidential clemency powers. Pardons and commutations are intended to show mercy to deserving recipients, but Mr. Trump has used many of them to reward personal or political allies.
  • Brett Tolman, a former federal prosecutor who has been advising the White House on pardons and commutations, has monetized his clemency work, collecting tens of thousands of dollars, and possibly more, in recent weeks to lobby the White House for clemency for the son of a former Arkansas senator; the founder of the notorious online drug marketplace Silk Road; and a Manhattan socialite who pleaded guilty in a fraud scheme.
  • Mr. Trump’s former personal lawyer John M. Dowd has marketed himself to convicted felons as someone who could secure pardons because of his close relationship with the president, accepting tens of thousands of dollars from a wealthy felon and advising him and other potential clients to leverage Mr. Trump’s grievances about the justice system.
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  • After Mr. Trump’s impeachment for inciting his supporters before the deadly riot at the Capitol, and with Republican leaders turning on him, the pardon power remains one of the last and most likely outlets for quick unilateral action by an increasingly isolated, erratic president.
  • He has also discussed issuing pre-emptive pardons to his children, his son-in-law and senior adviser, Jared Kushner, and Mr. Giuliani.
  • He has paid Mr. Tolman at least $10,000 since late last year to lobby the White House and Congress for a pardon for his son Jeremy Hutchinson, a former Arkansas state lawmaker who pleaded guilty in 2019 to accepting bribes and tax fraud, according to a lobbying disclosure filed this month.
  • That system favors pardon seekers who have connections to Mr. Trump or his team, or who pay someone who does, said pardon lawyers who have worked for years through the Justice Department system.
  • “This kind of off-books influence peddling, special-privilege system denies consideration to the hundreds of ordinary people who have obediently lined up as required by Justice Department rules, and is a basic violation of the longstanding effort to make this process at least look fair,” said Margaret Love, who ran the Justice Department’s clemency process from 1990 until 1997 as the United States pardon attorney.
  • “The criminal justice system is badly broken, badly flawed,” said the former senator, Tim Hutchinson, a Republican who served in Congress from 1993 to 2003.
  • . Any explicit offers of payment to the president in return could be investigated as possible violations of bribery laws; no evidence has emerged that Mr. Trump was offered money in exchange for a pardon.
  • A filing this month revealed that Mr. Tolman was paid $22,500 by an Arizona man named Brian Anderson who had retained him in September to seek clemency for Ross Ulbricht, the Silk Road founder. Mr. Ulbricht was sentenced to life in prison in 2015 for engaging in a continuing criminal enterprise and distributing narcotics on the internet.
  • The former Trump campaign adviser, Karen Giorno, also had access to people around the president, having run Mr. Trump’s campaign in Florida during the 2016 primary and remaining on board as a senior political adviser during the general election.
  • Though the name was never publicly disclosed, Mr. Kiriakou was sentenced to 30 months in prison. In the meeting, at the Washington office of his lawyer, Mr. Kiriakou said he had been wronged by the government and was seeking a pardon so he could carry a handgun and receive his pension.
  • In July 2018, Ms. Giorno signed an agreement with Mr. Kiriakou, a copy of which was obtained by The New York Times, “to seek a full pardon from President Donald Trump of his conviction” for $50,000 and promised another $50,000 as a bonus if she secured a pardon.
Javier E

The System Failed the Test - The Atlantic - 0 views

  • Trump has done things that no previous American president would ever have dared, that no previous president sank low enough even to imagine. Sometimes he was stopped, more often not. But whether stopped or not in any particular case, he has never ceased pressing ahead to do even worse the next time
  • Trump is a swindler, but the Trumpocalypse of 2020 represents something a lot bigger and a lot worse than a swindle. In the fall of 2019, a nonpartisan research organization studied the distinctive attitudes of Republicans who watched Fox News as their primary source of information. Among that group, 55 percent said there was virtually nothing President Trump could do that would change their minds about supporting him.
  • Fox News and the Facebook feed have become for many Americans friends more intimate and trusted than family or neighbors. The validation of their prejudices by television and Facebook is a validation of themselves.
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  • And so, for the sake of flag and faith, millions of decent conservative Americans countenanced scandals, wrongs, disloyalty, and crime.
  • The Trump years demonstrated the very great extent to which presidential cooperation with the law is voluntary, especially if he retains a loyal attorney general, and a sufficient blocking vote in Congress.
  • It’s illegal for federal employees to overspend on travel to benefit themselves or their colleagues. In 2012, a senior executive at the General Services Administration was sentenced to three months in prison, three months under house arrest, and three years’ parole for taking personal side jaunts and overspending on lavish retreats for his staff.
  • Yet when Vice President Pence visited Ireland in 2019, he wasted hundreds of thousands of taxpayer dollars by staying not in Dublin, the site of his meetings, but at Trump’s golf course 180 miles away, on the opposite coast of the island.
  • It is illegal for government employees to use their positions to engage in certain political activities. They are especially forbidden to engage directly in election campaigns while on the government payroll
  • Trump disregarded the recommendation. Conway mocked the finding to reporters. As one journalist read the recommendation to her, she replied: “Blah, blah, blah. If you’re trying to silence me through the Hatch Act, it’s not going to work. Let me know when the jail sentence starts.”
  • Some wonder: Why doesn’t Congress act? But there is no “Congress.” There are only the two parties in Congress. The members of the two parties cannot even agree on methods of evidence or standards of behavior.
  • in those other countries, the brute political pressure that Trump applied via Attorney General William Barr on the Department of Justice is much less likely to have an effect.
  • At one point in 2019, Trump simultaneously refused all cooperation with 20 distinct congressional investigations—testing whether there was much Congress could do about it. There proved to be surprisingly little. Congress’s contempt powers lag far behind those of courts
  • Even outright lying to Congress can prove exceptionally difficult to punish. “Almost no one is prosecuted for lying to Congress,”
  • “In fact, only six people have been convicted of perjury or related charges in relation to Congress in the last sixty years.”
  • In other democracies, the equivalents of the AAG for the criminal division are career civil servants
  • Republican Representative Ted Yoho from Florida spoke for troublingly many members of his caucus when he said of a fellow member of Congress that he “works for the president; he answers to the president.”
  • Congress as an institution cannot function on this kind of partisan mentality. There can be no meaningful oversight of the executive branch if the only standards are “Yay, team!” and “Boo, team!
  • The system that protects all of us has failed because the protectors of that system have failed to protect it for us.
  • Democracy does not fly on autopilot. If the people responsible for the institutions of democracy will not do the job, the job will not be done. While the job goes undone, the United States and the world careen toward conflict and crisis.
aleija

Sex Cult Leader, Facing Life Sentence, Regrets Nothing - The New York Times - 0 views

  • Keith Raniere, the leader of a self-help organization called Nxivm, had been revered by throngs of loyal followers who promoted him as the smartest man in the world. They called him “Vanguard,” believing that his teachings would bring about peace and even influence elections.
  • Mr. Raniere, 60, is now sitting in jail, convicted at trial as a con man who was exploiting Nxivm to enrich himself financially and recruit sexual partners, leading to its current reputation as a “sex cult.
  • He has accused the judge of corruption and demanded a new trial.
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  • whose expensive self-empowerment courses were taken by Hollywood celebrities, professional athletes and top business school graduates. Many people joined Nxivm (pronounced NEX-ee-um) hoping it would help them overcome their insecurities and give them a sense of purpose.
  • Those women, who were called “slaves,” were branded with his initials near their pelvises and assigned to have sex with him. They adhered to strict diets, restricted to as low as 500 calories a day. They were required to hand over collateral, including photos of their genitals that they feared would be released if they disobeyed orders.
  • Prosecutors charged him with racketeering, applying a statute that had been used to dismantle the major Mafia families in New York. The jury found him guilty of crimes that included child pornography, forced labor, sex trafficking, identity theft and obstruction of justice.
  • He is trying to create a podcast about his case and set up a contest to find errors in his prosecution in exchange for a $25,000 cash prize, according to court filings.
  • Membership in Nxivm, whose courses were thousands of dollars apiece, was by invitation only. As the curriculum progressed, Mr. Raniere used psychological manipulation to indoctrinate his followers into total obedience, former members have said.
  • Prosecutors have said in court papers that Mr. Raniere deserves a life sentence, a punishment that is typically reserved for cases involving deaths or murders.
  • Still, federal prosecutors have said Mr. Raniere’s unwillingness to accept responsibility and his contempt for his victims demonstrated that a life sentence was the only way to stop him from hurting more people.
  • After Daniela developed feelings for another man, Mr. Raniere threatened to deport her back to Mexico unless she confined herself to a room, according to trial testimony. She stayed in the room for almost two years, an experience that pushed her to the brink of suicide, she said.
  • Many of his supporters had careers at prominent finance, consulting and law firms.
tsainten

Lee Myung-bak, South Korean Ex-President, Is Ordered Back to Prison - The New York Times - 0 views

  • South Korean president behind bars​ on corruption charges
  • Park Geun-hye, who was impeached and ousted on charges of ​bribery and abuse of power, was sentenced to 25 years in prison by an appeals court in 2018.
  • In October 2018, a Seoul district court sentenced Mr. Lee to 15 years in prison, convicting him of collecting 8.5 billion won​, or $7.5 million, in bribes from various sources — most of it from Samsung, the country’s largest business conglomerate
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  • The court also ​ruled that Mr. Lee, a former ​executive of Hyundai, disguised his ownership of a lucrative auto parts maker under the names of relatives and embezzled 24 billion won from the company between 1995 and 2007.
  • The presidential pardon of Lee Kun-hee was criticized at the time as an example of how collusion between politics and business has often allowed top businessmen found guilty of serious white-collar crimes in South Korea to walk free with light punishment.
  • Almost all of South Korea’s former presidents, as well as many of its business tycoons, have been implicated in recurring corruption scandals
  • Mr. Lee​ won the presidency by promising to use his business skills to help rejuvenate the South Korean economy. But he was dogged by allegations of corruption before and after his election.
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