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masterofd1saster · 3 days
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CJ court watch - People v. Harvey Flaming Dirtbag Weinstein, 24opn24 (N.Y.)
New York's highest court has reversed Weinstein's rape conviction because the trial court improperly admitted uncharged misconduct evidence. The evidence showed that Weinstein had committed other coercive sex acts with women other than the victims alleged in his indictment.
In order to be admissible, [uncharged misconduct] evidence must “logically be connected to some specific material issue in the case” and be “directly relevant” to it (Cass, 18 NY3d at 559-560). The prosecution has the burden of showing this direct relevance (see Denson, 26 NY3d at 185, citing Cass, 26 NY3d at 560). In other words, “evidence of a defendant’s uncharged crimes or prior misconduct is not admissible if it cannot logically be connected to some specific material issue in the case, and tends only to demonstrate the defendant’s propensity to commit the crime charged”
If the DA had shown how the uncharged sex acts proved something other than that Weinstein is a dirtbag, there would have been no error in admitting the uncharged misconduct. The take away is ensure you have some good explanation for what relevant fact your evidence tends to prove.
Weinstein faces a retrial on the indictment. Ideally, the prosecutors will be better prepared.
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masterofd1saster · 6 days
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CJ court watch - oral arguments in Grants Pass v. Johnson, No. 23-175
SCt heard argument today in Grants Pass about an ordinance that prohibits sleeping public. Transcript is linked.
Grants Pass has an ordinance to address problems of homelessness. The 9th Cir. has enjoined enforcement of those parts that prohibit sleeping in public.
You can tell reading the transcript that the J.J. Kagan, Soto-Mayor, and Jackson were livid about the ordinance. The others were more receptive to arguments about what the Court should do in this case.
Docket is linked.
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masterofd1saster · 6 days
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CJ current events 24apr24
I wonder if it was intentional????
SEATTLE — A Seattle woman is charged with murder and assault after she was accused of shooting and killing a 20-year-old mother in a downtown Seattle alley. The King County Prosecutor’s Office said Rickesha Overton, 33, is charged with first-degree murder and second-degree assault.*** Witnesses said they saw two women fighting. After combing through security footage and evidence, investigators said Overton marched 20-year-old Alisia DeCoteau down a flight of stairs and into an alley behind the apartment building while pointing a gun at her. Overton was heard telling DeCoteau, “I’ll blow your mouth. Say I won’t. Say I won’t.” Police said the suspect shoved the victim to the ground and goes back inside the building briefly. Overton comes back outside and shoots DeCoteau twice – once at the victim’s head, police said. The suspect continued to pull the trigger, but the gun ran out of ammunition, detectives said. As the victim was lying the ground, Overton was heard saying, “you dead b----. B---- you dead.” Overton was seen kicking DeCoteau on the ground at least five times, detectives said. A nearby crowd yelled, “Stop kicking him, back up!” Cell phone footage from witnesses captured the suspect pointing a gun at the crowd and yelling, “I’ll blow your mother f------ brains out,” the document wrote. Police found Overton, wearing a green jacket, white dress and pink shoes, running with a handgun near the southeast corner of Western Avenue and Vine Street, police said, and noticed the gun’s magazine was empty. The suspect initially told officers, “She came into my apartment. It was self-defense. I had to shoot her.” But later told police, “She’s not even dead.” “I don’t care if you give me life. I just want to go to Alisia’s funeral,” Overton added.*** https://www.kiro7.com/news/local/seattle-woman-charged-with-murder-after-shooting-killing-20-year-old-mother-downtown-alley/2HDPSNULNFGXJKROWDDTIPP5PE/
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Trump trial meme war erupts
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Ye meant "infamous."
MONTGOMERY COUNTY, Md. - Montgomery County Public Schools has increased security at several schools in the district after police arrested an 18-year-old student who was threatening to carry out a school shooting. Police say Andrea Ye, whose preferred name is Alex, was arrested and charged in connection with plans to commit a school shooting at Wootton High School in Rockville. Police say Ye was taken into custody on Wednesday, April 17 following a joint investigation by Montgomery County police and FBI agents with the Baltimore Field Office.  The FBI first alerted MCPD about a 129-page "manifesto" written by Ye in which he talked about committing a school shooting and strategized how to carry out the act. In the manifesto, Ye also wrote about targeting an elementary school and said that he "wants to be famous," police say.*** https://www.fox5dc.com/news/montgomery-county-teen-arrested-after-manifesto-detailing-school-shooting-discovered
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Who knew law enforcement was good?
Jay Bianchi’s critics say earlier arrest on sex-assault suspicions could have saved “years” of new victims
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Kylie Heringer, left, and Bonnie Utter alleged they were sexually assaulted by Denver music booker Jay Bianchi after a Halloween party in 2020 on July 6, 2021 in Denver, Colorado. (Photo by RJ Sangosti/The Denver Post) “I have seen it in the scene back east and here and the apologists make me sick. It’s either the dude throws great parties, or has good drugs, or is talented or owns a fun bar so no one cares that they are predators.” -Lucy Sturgess, a Denver designer and member of the city’s jam band scene The arrest of Denver jam-band fixture Jay Bianchi this week on suspicion of sexual assault follows three decades’ worth of other legal trouble and criminal allegations related to his businesses and personal practices. There have also been convictions for assault, drug possession and the flouting of COVID-era closure mandates. But critics say the Denver Police Department could have done more by publicly addressing the sexual assault allegations sooner, with or without charges, and by communicating more effectively with alleged victims who have been calling for action for years. They also believe that if Bianchi had been arrested earlier, it could have saved more potential victims. Bianchi, 55, was booked into the Downtown Detention Center on Tuesday on suspicion of six counts of sexual assault and one count of unlawful sexual contact related to three separate cases. They include sexual assault reports stemming from a 2020 Halloween party, as well as three new charges from April 7 of this year. John Wenzel reports.*** https://www.denverpost.com/2024/04/19/jay-bianchi-arrest-sex-assault-charges-denver/
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Forgive me for quoting T Swizzle, but
And I ain't trying to mess with your self-expression But I've learned the lesson that stressin' And obsessin' 'bout somebody else is no fun And snakes and stones never broke my bones so
So, oh-oh, oh-oh, oh-oh, oh-oh, oh-oh You need to calm down
A man set himself on fire outside the New York courthouse where former President Donald Trump is being tried for an alleged hush money payment. On Friday, with several news cameras present, a man set himself on fire. The act occurred near where a group of Trump supporters were protesting. The presence of security barricades hampered a response from police and emergency services. Flames and smoke broke out around the body. Several people tried unsuccessfully to extinguish the fire with their coats. A video showed the man being doused with a fire extinguisher. The fire burned for nearly two minutes before being extinguished.*** https://www.washingtonexaminer.com/politics/2972386/man-self-immolates-outside-courthouse-of-trump-trial/
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If you're wondering if the two atrocities are related, yes, they are.
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McVeigh claimed that the building in Oklahoma City was targeted to avenge the more than 70 deaths at Waco. https://www.britannica.com/event/Oklahoma-City-bombing
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Chief of National Security Division’s Counterterrorism Section Matthew F. Blue Delivers Remarks at EU Network Meeting on Battlefield Evidence in The Hague
Friday, April 19, 2024
***From Afghanistan to Iraq and Syria to parts of Africa, foreign fighters have, for years, traveled to battlefields from around the world. And some of those foreign fighters have returned to their home countries or other places under false pretenses with the goal of either hiding from their prior terrorist acts or to bring terrorism to cities around the world. And along the way, those foreign fighters have left behind trails of evidence — fingerprints on weapons and bombmaking materials, registration cards and other documentation, photos, and electronic devices. All of that evidence can be a goldmine for prosecutors and investigators. But it has to be collected, analyzed, and catalogued. For over two decades, the United States has collected an extraordinary volume of collected exploitable material and battlefield evidence. And every day, highly trained analysts and investigators sift through that evidence — carefully analyzing it and cataloguing it for retrieval and sharing. And sharing is our main goal — last year we disseminated hundreds and hundreds of cables, intelligence reports, and tearlines for law enforcement and intelligence with our partners around the world.*** https://www.justice.gov/opa/speech/chief-national-security-divisions-counterterrorism-section-matthew-f-blue-delivers
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How could you possibly get away with that?
CAMP FOSTER, Okinawa — Japanese police have arrested a U.S. Marine on suspicion of attempted assault and robbery of a convenience store on Okinawa. Lance Cpl. Andrew Torres, 20, was taken into custody just after 1 a.m. Thursday in the parking lot of a Lawson in the Nodake district of Ginowan city, an Okinawa prefectural police spokesman told Stars and Stripes by phone Thursday. Torres is assigned to III Marine Logistics Group at Marine Corps Air Station Futenma, a spokesman for the group, Chief Warrant Officer William Faffler, said by email Friday. Police said a man in black pants and a black hooded sweatshirt carried a knife into the store between 12:53 a.m. and 1:03 a.m., went behind the counter and attempted to open the cash register. The store clerk, a man in his 20s, was in the back office when, through a security camera, he saw the hooded man at the register, the police spokesman said. The clerk ran from the store and called police from his cellphone. Police soon arrived and stopped Torres, who was in the parking lot running from the store, the spokesman said.*** https://www.stripes.com/theaters/asia_pacific/2024-04-19/marine-convenience-store-robbery-arrest-13595447.html
You're on an island
Everyone knows where you work
Everyone know where you live
Unlike LA or Chicago, Japan has vigorous, effective law enforcement.
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In Hood U. news,
An important EMERGENCY message from UNIVERSITY OF MICHIGAN - FLINT UM EAlert Flint: Gunshots reported MTA Bus Station at 8:13. Lockdown, secure in place. Avoid area. If necessary, RUN, HIDE, FIGHT.  +++ April 16, 2024 To the university community: As a follow-up to this morning’s emergency alerts, the UM-Flint Department of Public Safety assessed the nature of the reported shots fired at the downtown MTA bus station and placed the campus in lockdown as a safety precaution. The lockdown was lifted after it was determined there was no longer a threat to campus. A suspect is in custody and the Flint Police Department is leading the investigation of the incident.****
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What happens when you murder someone
Nicole Avant:I remember my knees buckling immediately and I froze for a second. I could hear my heartbeats, and it felt like it was going to jump out of my chest. I got in the car, and all of a sudden I felt this energy that came over me. I just started talking to my mom and I felt like I was becoming her. And I just said, “Mom, if you can hear me, I don’t know what the fuck is going on, but I’m on my way and I’m going to be here for you. I’m going to take care of you.” And then I got to the hospital. And I walked in, and I saw my father sitting there, and he’s shaking a little bit. My brother’s pacing back and forth, and I looked at my father, who was physically unharmed, and I just held his hand and I said, “Dad, I don’t know what’s going on. I’m here for you.”  And he goes, “Oh, she’s in surgery”—his false hope—“Jackie’s going to be okay.” And I just held his hand, and I didn’t know what was going to happen. And then we wait, and then they come out, and then you go into that room, and then everything changed. As soon as I heard those words—“I’m sorry, she did not make it”—my brother was like a pierced animal, just wailing. And then my father slumped onto me, and I just sat up.*** I knew in that second my life has changed forever. Everyone’s life has changed forever. And we got home. My father walked in my house, and I said, “Dad, I don’t know what’s going to go on. I just know that I’m never leaving your side and we’re going to get through this together.”*** BW:The man who murdered your mother is 30 years old. He had an extensive criminal record. He had spent five years in prison for robbery and then was sentenced to another four years, also for robbery, and had been released on parole in September of 2021, a few months before he walked into their house. He has gotten life in prison. So in a sense, you’ve gotten justice, but forgiveness is another story, right?  And you write this in the book: “Forgiveness is a choice and a gift to yourself. I cannot carry the anger and the resentment and the fury because it’s just a dead weight on my heart, and I have to protect my soul.” I think most people, when they hear that, will say, how is it possible that you could have that level of clarity? And for anyone listening who can’t forgive the person that wronged them, what advice do you have for that person?
NA:I think the advice I would give is: change your definition of forgiveness. Because forgiveness has nothing to do with condoning, excusing, trying to understand a behavior. I don’t give a shit about him at all. The forgiveness was more about setting yourself free. For me, forgiveness was taking my attention off of you. I have to untether myself from your energy. Forgiveness is really giving up the burden of anger and fear and resentment. It’s a daily thing. It wasn’t like, “Oh, I just forgive you. It happened.” No, it’s a practice. *** NA:I’ve been disappointed, especially being born and raised in L.A. I have seen the differences of this city. I’ve seen when it’s been really great and then when it’s turned a corner. The last five years before my mom died, I would drive around going, “What the hell is going on? How are we one of the largest economies in the world functioning like this?” Los Angeles is one of the best cities in the entire world. And there was a lack of order. It was like, “Who’s in charge? What’s happening?” And what upset me was people who could live behind gates didn’t know what about everybody else was going through— BW:And cannot afford private security. NA:Yeah.And just the idea of calling the police and calling, saying there’s somebody outside of my door and they’ve pitched a tent. “There’s nothing we can do.” That’s the one thing that the government has to do is you have to protect your people and you have to have order. That’s what we hire you for. So you can’t say to a taxpayer, “Good luck.” Good luck? No. I know a small business owner who gets a ticket for her hedges being two inches higher than they’re supposed to be, but yet somebody can come and shoot heroin in front of her house, lay there, defecate all over the place, and she calls the police and [they say] “There’s nothing we can do.” And that is not okay. And everyone knows it’s not okay. 
On Black Lives Matter and defund the police: NA:This arrogance of society—you don’t get to be the 20-year-old white girl to talk about defund the police. Who are you to say that? What are you talking about, by the way? There are so many people in neighborhoods—in black neighborhoods, white neighborhoods, whatever—they want order. They want to be able to call somebody. They want help, they want assistance. So seeing lots of very young white liberal people speaking on behalf of all black people—we don’t need you to speak on our behalf at all. No one asked you to, by the way. And we can speak for ourselves, and we’ll tell you what we want.
I was going into a store in Malibu, and people were chanting “Black Lives Matter, Black Lives Matter.” And I’m like, I get it, and I parked my car. “Black Lives Matter.” I’m black. I know. I mean, they’re literally in front of my car, “Black Lives Matter.” I’m like, “Got it, got it.” I get out of the car, I go get my food, I come out, and I hold the door open for all these protesters. They walk in. Not one person says thank you. Not one. Not one person looked at me. Not one person said thank you to me. To the last one I go, “Yes, you are correct. Black lives matter. You’re welcome.” Fucking idiots. They don’t even get the irony of the whole thing. And they’re screaming at everybody. I’m like, “You don’t even see the person who’s in front of you, and you want to speak for the entire race of people?” No, you don’t get to do that. ***
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Bill Maher gets it right
***“Have you all been watching the Max documentary called ‘Quiet on Set: The Dark Side of Kids TV?’” he asked his viewer. “It’s just scene after scene, clip after clip of the child stars of their day being subjected to obviously inappropriate highly sexualized degradation.”*** “Why would a kid’s content factory at Disney be all that different from the one at Nickelodeon?” Maher asked.  He went on to cite stats and testimony from former Disney child stars: A 2014 CNN report discovered that at least 35 Disney employees had been arrested for sex crimes against children and in 2021 Disney child star Alyson Stoner confessed she only narrowly survived the toddler-to-trainwreck pipeline. The next year child star Cole Sprouse told The New York Times that young actresses at the Disney Channel were heavily sexualized at an early age. “And get this,” Maher added. “After Brian Peck who was one of the lead creeps at Nickelodeon served 16 months in prison for the molesting he did there, Disney hired him, naturally, to work on a children’s series.” “For pedophiles in Hollywood, it’s a small world after all,” he stated. “And not just Hollywood,” the host continued. “There are Instagram moms these days who are practically OnlyFans-ing their itty bitty beauty queen daughters by having them wear skimpy bikinis and eat bananas to build social media stardom.” “They’re called ‘Sharenters,’ a hybrid of ‘sharing’ and ‘parent,’” Maher noted. “I call them pimps.”*** https://catholicvote.org/bill-maher-slams-hollywood-pedophiles-leftist-hypocrisy-in-viral-clip-desantis-wasnt-wrong/
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LA mayor has home invasion robbery in official residence
Second burglary since late 2022. Suspect has record for violent crime.
Had to go wait in safe room/panic room.
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Not the sharpest tools at Home Depot
Home Depot's rental department continues to battle the theft of its heavy equipment in schemes where suspects sell the machinery on sites like Facebook Marketplace, prosecutors allege. Earlier this month, federal prosecutors in Oregon brought charges against a group of seven defendants, accusing them of conspiring in a scheme in which they stole heavy machinery from Home Depot by renting it and not returning it. According to the indictment, first reported by Court Watch, members of the group would go to the retailer's rental desk at locations in Oregon, Washington, and Colorado to borrow the equipment using stolen credit and debit card information. Prosecutors also said the defendants would "often use their real driver's license" for the required identification. But rather than return the equipment, the defendants instead sold it on Facebook Marketplace and other online platforms, according to the court documents. In each instance, the equipment was borrowed under a one-day rental, GPS tracking devices were disabled, and items were listed for sale on Facebook and elsewhere, the prosecutors said. The thefts bear a striking resemblance to several cases in the past year, one in Washington, and two in Florida. In one, Florida prosecutors sentenced a man to eight years in prison for leading a crime ring that rented more than 60 pieces of heavy equipment, such as trenchers, stump grinders, and excavators, which were never returned, costing Home Depot more than $1 million. Officials said he too used his actual ID when borrowing equipment, the local Fox affiliate reported.*** https://www.businessinsider.com/home-depot-rental-equipment-heavy-machinery-thefts-2024-4
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Is he unaware of why he's infamous?
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There's a reason people call him "Lubin’ Toobin"
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7th graders prolly shouldn't have hit lists
***The Pennbrook student shared that the seventh grade assailant repeatedly yelled, “I’m going to murder you” while hitting her friend’s head with the cup. She grew tearful as she described seeing her friend’s blood being cleaned up off the tables and ground. “We had to watch them take her out with blood dripping down her face and I will never forget that,” she cried.
She said the attack went on in front of the students for 28 minutes. However, the school district claims that security cameras revealed that the incident lasted eight minutes. At the school board meeting, the student disputed the school’s claim of “eight minutes” because she “timed it.” Parents at the meeting demanded to see the security tape to verify the claims of the school.*** by Tuesday, the students knew of a “hit list.” “I would say by Tuesday lunch time, everybody in the school knew that my daughter was going to be ‘curb stomped’ or made to ‘bite the curb’ or jumped,” she said of the “school talk” prior to the attack. Another mother told the school board that the assailant “had multiple reports of violence” and she didn’t understand how that went unchecked.*** https://www.washingtonexaminer.com/news/2975249/pennsylvania-community-outraged-transgender-student-hit-list/
Philly suburb.
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Home Deport does need security
A New York Home Depot has deployed a guard dog — and other stores may be close behind — to protect shoppers from aggressive migrants and thieves flooding their parking lots, The Post has learned.
Two men wearing MSA Security caps and bulletproof vests with a German shepherd in tow patrolled the Home Depot in New Rochelle on Tuesday. “It’s more about omnipresence,” one guard said, explaining that the company was contracted a few weeks ago. “It’s not like we let them go bite anyone or anything.”*** “It’s not just because of [migrants], but because of a myriad of other things too, like people breaking into cars, that kind of stuff,” he said.*** One 52-year-old Mexican national, Jimeno, who has lived in the Bronx since arriving in the United States 20 years ago, was at the Throggs Neck store seeking legitimate work from contractors. “There are a lot of people who have been coming here for a lot of years … asking people for jobs in construction and if they need help with projects,” he told The Post in Spanish. “We come here to find work.”  He said the recent arrivals who aggressively solicit for tips have made it harder for the day laborers to find work.*** https://nypost.com/2024/04/21/us-news/home-depot-stores-look-to-security-to-keep-migrants-at-bay/
***wed
California’s unemployment insurance fund is “structurally insolvent” due to $55 billion in fraud and overpayment during COVID-19 crisis, leading to a growing $21 billion unemployment benefits loan from the federal government the state is unable to pay down.*** While the state seeks loan forgiveness from the Acting United States Secretary of Labor, who was California’s Secretary of Labor during the COVID-19 era and oversaw the state’s fraudulent payments — including nearly $1 billion to felons in prison filling out fraudulent paperwork *** In 2020 California borrowed $17.8 billion to continue payments from its unemployment insurance fund, a number that is projected to reach $20.8 billion by the end of 2024 due to insufficient payments. With unemployment projected to grow from 804,000 Californians in 2022 to 930,000 Californians by 2025, benefits payments are projected to grow — barring any legislative changes from $5 billion in 2022 to $6.8 billion by 2025. While California’s unemployment insurance fund already faced poor solvency before the COVID-19 crisis, $55 billion in fraud and overpayments have led the state’s non-partisan Legislative Analyst’s Office to declare the program “structurally insolvent.”***
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Sad case
A Democratic state senator in Minnesota was charged with first-degree burglary on Tuesday after authorities say she broke into her stepmother's house where the lawmaker claimed she was trying to get her late father's belongings, including his ashes. Sen. Nicole Mitchell, 49, was booked into the Becker County Jail on Monday for a suspected first-degree burglary offense, according to online jail records. A homeowner on the 700 block of Granger Road in Detroit Lakes reported an active burglary to 911 around 4:45 a.m., Detroit Lakes Police Chief Steve Todd told FOX9 Minneapolis.  During a search of the home, officers found Mitchell dressed in black clothing and a black hat, according to a criminal complaint obtained by the station. A flashlight with a sock over it and a black backpack containing two laptops, a cellphone, a driver’s license, Senate identification and Tupperware.*** She was previously a meteorologist for KSTP-TV and Minnesota Public Radio, and currently serves as lieutenant colonel in the Air National Guard.*** https://www.foxnews.com/politics/democratic-minnesota-state-senator-arrested-suspicion-burglary
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Always helpful BB-
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Barry/Suzanne Morphew case
DENVER (KDVR) — The autopsy for Suzanne Morphew has been completed, FOX31 has learned, nearly seven months after her remains were discovered in Saguache County. The Colorado Bureau of Investigation confirmed that the autopsy was complete but said it could be several more days before it is released. Morphew was reported missing from her home in Chaffee County on May 10, 2020. Her husband, Barry Morphew, was arrested on May 5, 2021, and charged with first-degree murder. However, those charges were dropped in April 2022 just before the case went to trial. In September 2023, remains were found in Saguache County and confirmed to be Morphew.*** https://kdvr.com/news/local/suzanne-morphews-autopsy-completed/
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No way this could ever be unconstitutional....
I get the point of the law, but what if the victim knowingly & voluntarily wears a t-shirt and underwear that says "I consent to sex?"
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masterofd1saster · 9 days
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CJ court watch - the Idaho transgender case is lots of inside baseball
SCt granted a stay of some lower courts' orders in Labrador v. Poe, 601 U. S. __ (2024) on 15apr24. The ruling creates no precedent and establishes no law. I do think the ruling may be mischaracterized for political purposes.
In 2023, Idaho adopted the Vulnerable Child Protection Act. The law sought to regulate a number of “‘practices upon a child for the purpose of attempting to alter the . . . child’s sex.’”*** Before that could happen, two children and their parents sued Idaho’s attorney general and a local prosecutor in federal district court. The children and their parents alleged that, without access to puberty blockers and estrogen, the two minor plaintiffs would likely suffer serious mental health problems.*** But instead of enjoining state officials from enforcing the law with respect to the plaintiffs and the drug treatments they sought, the district court entered a universal injunction. App. A to Application for Stay 52–54. That is, the court prohibited the defendants from enforcing “any provision” of the law under any circumstances during the life of the parties’ litigation. Id., at 54. Among other things, this meant Idaho could not enforce its prohibition against surgeries to remove or alter children’s genitals, even though no party before the court had sought access to those surgeries or demonstrated that Idaho’s prohibition of them offended federal law.*** the State does not challenge the preliminary injunction to the extent it ensures the two minor plaintiffs in this case continued access to their drug treatments. That aspect of the district court’s order will remain in place pending appeal. The State asks us to stay the preliminary injunction only to the extent it bars Idaho from enforcing any aspect of its law against any person anywhere in the State.***
The SCt ruling continues the trial court order in effect as to the parties in the case. The SCt ruling, on the other hand, means the trial court order has no effect on anyone who's not part of the litigation.
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masterofd1saster · 10 days
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CJ government over reaching watch - 18apr24
US Sentencing Commission announced on Wed, 17apr24
COMMISSION VOTES UNANIMOUSLY TO PASS PACKAGE OF REFORMS INCLUDING LIMIT ON USE OF ACQUITTED CONDUCT IN SENTENCING GUIDELINES
WASHINGTON, D.C. ―The bipartisan United States Sentencing Commission voted unanimously today to prohibit conduct for which a person was acquitted in federal court from being used in calculating a sentence range under the federal guidelines. The Commission’s seven members also joined together to pass a range of additional reforms, including those that bring uniformity to sentencing for certain gun and financial crimes and provide a potential downward departure based on age. “The reforms passed today reflect a bipartisan commitment to creating a more effective and just sentencing system,” said Commission Chair Judge Carlton W. Reeves. Watch the public meeting. “Not guilty means not guilty,” said Chair Reeves. “By enshrining this basic fact within the federal sentencing guidelines, the Commission is taking an important step to protect the credibility of our courts and criminal justice system.”***
Alle-freakin'-luia! I always thought this basic fact was enshrined in the 6th Amendment. Silly me. I thought this was America....
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masterofd1saster · 11 days
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CJ court watch Fischer v. United States, No. 23-5572
SCt heard argument on Tues morning in Fischer. The issue is
Did the D.C. Circuit err in construing 18 U.S.C. § 1512(c) (“Witness, Victim, or Informant Tampering"). Which prohibits obstruction of congressional inquiries and investigations to include acts unrelated to investigations and evidence?
Counsel for Fischer had a good argument with J. Soto-Mayor. She said that there hadn't been any cases of violent attempts to stop federal proceedings. Mr Green mentioned the Hatfield Courthouse fiasco and a few other cases.
Solicitor General Elizabeth Prelogar had a really hard time. She basically had to admit that Rep. Jamaal Bowman (D-NY) could have been charged with obstructing justice under the government's theory in the J6 cases. J. Gorsuch also referred to "mostly peaceful protests." Spit out your drink at your own leisure.
The transcript is at https://www.supremecourt.gov/oral_arguments/argument_transcripts/2023/23-5572_0pm1.pdf.
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masterofd1saster · 13 days
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CJ current events 18apr24
Amusing point by National Review
Senator Richard Blumenthal (Conn.) and other Senate Democrats are broaching an uncomfortable suggestion: Sonia Sotomayor should retire while the party still has the White House and 51 senators. They have a point, if a coldly calculating one: Sotomayor, who will turn 70 in June, may not be that old, but she requires a nurse to travel with her, and it could be years before Democrats have both the presidency and the Senate majority again. If Republicans were to replace Sotomayor with a conservative, they’d have a seven-justice bloc that could take a very long time to flip back to majority-liberal. But Supreme Court justices do not like to be told what to do, and identity politics is impeding Machiavellianism. Representative Nydia Velázquez (D., N.Y.), for example, railed against “forcing the only Latina on the Court to retire.” Pressure from the White House is unlikely because it would require Joe Biden’s team to acknowledge his vulnerability in this election—and the actuarial tables.
Let me know how that works out for you....
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Kill a few people, destroy a bridge on an interstate, and people will notice
The FBI has opened a federal criminal probe into the March 26 bridge collapse in Maryland, the Washington Post reported on Monday, citing two U.S. officials familiar with the matter. The investigation will at least partly focus on the Dali cargo ship and whether its crew left the port in Baltimore knowing the ship had serious problems with its systems, the Post said. Representatives for the FBI could not be immediately reached to comment on the report.*** https://www.newsmax.com/newsfront/maryland-bridge-collapse/2024/04/15/id/1161028
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At what point did that seem like a good idea?
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What's the worst that could happen with bail reform? YOLO!!
MEMPHIS, Tenn. — More details are coming out after Memphis Police Officer Joseph McKinney was shot and killed while responding to a call early Friday morning.  According to court records, the man accused of killing him had previously been released from jail on felony charges without bail by a Shelby County judge. 18-year-old Jaylen Lobley was identified by the Memphis Police Association as the suspect who was shot and killed early Friday morning after Memphis Police said he shot and killed Officer McKinney, also shooting two other MPD officers in the incident.  Interim Memphis Police Chief C.J. Davis said the suspect shot McKinney and the two other officers with a Glock switch, a device that converts a semi-automatic handgun into a fully-automatic sub-machine gun.  Lobley was arrested in March 2024 for possessing such a switch while stealing a car, admitting to stealing both an Infiniti Q50 and Dodge Charger, reported stolen March 2 and March 3 respectively.  Officers found the handgun after arresting him on March 5. The 18-year-old told investigators he took the gun from a car he was trying to steal about six months prior.  He was charged with two counts of motor vehicle theft, unlawful possession of a weapon, prohibited weapon and two counts of vandalism. On March 7, Lobley was released on his own recognizance — with conditions that included agreeing to weekly call-ins and curfew — approved by the General Sessions court. However, the judge who released the suspect without bond was not named in the Shelby County judicial system. *** https://www.localmemphis.com/article/news/crime/man-mpd-officer-killed-shooting-released-from-jail-by-shelby-county-judge/522-42482bcb-d8b3-4124-a32c-855c48a807f1
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Babylon Bee
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Shotguns make great attention getters
A group of thieves smashed up an Oakland jewelry store, stealing valuables from the broken glass cases before a man with a shotgun chased them off ... and, it was all caught on video. Eight people ran into Phuong Jewelry in Oakland's Chinatown neighborhood Wednesday ... bashing cases with hammers and making off with a ton of the store's pieces. Check out the vid ... the first person walks in holding what appears to be a gun and aiming it at the store's owner, Diane Trinh, and another person, forcing them to drop to the ground -- before the other assailants start to smash in the cases. After a few seconds, Diane runs to the back to get her 76-year-old husband ... who comes into the store with his own gun, chasing off the robbers who'd already grabbed a ton of jewelry. Diane and her son, Tony, spoke with KGO-TV about the attack ... reportedly telling the outlet the robbers made off with between 85-90% of their inventory in the quick strike.*** https://www.tmz.com/2024/04/12/oakland-robbers-ransack-jewelry-store-wild-video-shows-crime-gun/
They have no insurance.
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Go granny!!
The 85-year-old mother of a disabled son committed a "justifiable homicide" in Idaho when she shot an armed burglar who snuck into her home and threatened to "kill her multiple times," a county prosecutor said.
Christine Jenneiahn presented "one of the most heroic acts of self-preservation" that Bingham County prosecutor Ryan Jolley has ever heard of when she shot and killed 39-year-old Derek Condon, according to an incident review written Tuesday.***
She did the world a favor.
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bootcamp leave
HARRIS COUNTY, Texas - A member of the United States Marine Corps has been arrested and charged with several jewelry store heists after investigators say he stole more than a half million dollars worth of expensive goods.*** "He was being taken into custody and his dog tags fell out. He did tell us he was in the U.S. military," says Constable Herman. Marcelo Hernandez is just 18 years old. Investigators say Hernandez would wear black and burst into these stores overnight when they were closed. Yurman was hit days after the young Marine returned to town. "Actually, he just recently finished his boot camp in the Marine Corps about a week before one of our cases," the Constable adds. When the teenager was arrested, Constable Herman said three handguns, $11,000 in cash, and $500,000 worth of jewelry including diamonds and other precious stones were found in his car, a Mercedes-Benz GLA.*** https://www.fox26houston.com/news/u-s-marine-arrested-for-several-jewelry-store-heists
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You may think you went to a bad public HS, but
HOUSTON - A Houston teen and her mother spoke exclusively to FOX 26 after seeing Kedria Grigsby, a former Klein ISD cosmetology teacher, was arrested for solicitation of prostitution and sex trafficking on April 8. The young woman, who we'll refer to as Jane Doe, says she was a victim in the 2022 case that led to the arrest of Grigsby's son, Roger Magee, on similar charges and would interact with Grigsby often during her time with Magee. Doe, who was 15-years-old at the time, says she met Magee through a mutual friend while out shopping and told her Magee would take care of her and give her money. "She left out the part that I had to sell my body," she said. "When he (Magee) picked me up from the front of my apartment, he was running everything down to me. He basically told me I had no way out." Doe said she started out walking along the Bissonett track with other prostitutes. A week later, her pictures were placed on websites. She and two other young women would each have sex with at least 10 different men each night in various hotels, one of them being Hotel Royale off FM 1960. The young woman says she and her mother were arguing at the time of her disappearance. Oct. 7 2022 was the last time her mom says she heard from her. While searching, she gained access to her daughter's Instagram messages and reached out to a man she'd never seen before.*** [When people complained, the school district] said those claims were false. A spokesperson from the district stated they immediately contacted the Sheriff's office after the complaint was filed last year, and were told by investigators that Grigsby was not a suspect. They also stated action was immediately taken after Grigsby was arrested on April 8, and they take matters involving their students very seriously. Similar statements were made in a Friday morning email to all Klein ISD parents. "Kedria Grigsby continued to have a clear background check and clear criminal record until she was arrested on Monday, April 8, 2024," Klein ISD Superintendent Dr. Jenny McGown stated in the message. "We will continue working with the Harris County Sheriff's Office in their ongoing investigation, and we implore the criminal justice system to take every appropriate action to protect our children."*** https://www.fox26houston.com/news/houston-teen-victim-former-klein-isd-teacher-son-sex-trafficking-case
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Alec, you're next
Judge Mary Marlowe Sommer sentenced Hannah Gutierrez Reed to 18 months in prison after a jury found her guilty of involuntary manslaughter. The "Rust" armorer was responsible for the firearms on the Western film set where cinematographer Halyna Hutchins was shot and killed on Oct. 21, 2021. Hutchins had been preparing a close-up shot when a gun Alec Baldwin was holding discharged. The 18-month sentence was the maximum time Gutierrez Reed could serve. She has currently spent about a month behind bars.*** Sommer slammed Gutierrez Reed's jailhouse calls, pointing out that the armorer spoke to someone about how "this is messing up her modeling career."*** Special prosecutors included summaries of Gutierrez Reed's phone calls in which she referred to the jury as "f---ing idiots." "Hannah says the jury was so f---ing stupid and they couldn't tell what was happening," Kari Morrissey wrote. "She calls the jury f---ing idiots."*** The prosecution largely focused on Gutierrez Reed's behavior as an armorer, alleging she didn't do her job correctly. "Hannah Gutierrez knew that Baldwin was loose. She knew it," Morrissey said during closing arguments. "She didn't do anything about it, even though it was her job. It was her job. It is her job to say to an A-list actor, if, in fact, that's what you want to call him, 'Hey, you can't behave that way with those firearms.' That is her job. That is what they pay her for. That is the job that she applied for. That is the job that she accepted."***
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About time
The Federal Bureau of Prisons is closing a women’s prison in California infamous for rampant sexual abuse against inmates. Federal Correctional Institution Dublin is set to close due to a violent reputation that contributed to its nickname as the “rape club,” the embattled BOP announced. The Associated Press exposed the prison’s problems in an investigation that revealed “rampant sexual abuse by correctional officers and even the warden,” where inmates said they “were often threatened or punished when they tried to speak up.”  Other issues such as hazardous mold, asbestos, and poor medical care, also plagued the prison.  Despite the federal agency’s attempted rehabilitation of the facility, which included moves to “address culture, recruitment and retention, aging infrastructure — and most critical — employee misconduct,” it still chose to close the prison. “Despite these steps and resources, we have determined that FCI Dublin is not meeting expected standards and that the best course of action is to close the facility,” BOP Director Colette Peters said in a statement to the outlet. “This decision is being made after ongoing evaluation of the effectiveness of those unprecedented steps and additional resources.”***
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California, not surprising
For a state that wishes to be one of the nation’s agenda-setters and serve as a model for the country, California is woefully weak when it comes to protecting children from sex crimes. GOP state Sen. Shannon Grove has introduced a bill that would make it a felony to purchase or solicit a child for sex. As you can assume based on that sentence, purchasing a child for sex in California is just a misdemeanor right now, with a maximum sentence of one year in jail and a fine of $10,000. Grove’s bill would make it a felony punishable by up to four years in prison and a $25,000 fine, and it would require offenders to register as sex offenders for 10 years. Efforts to do this have failed in California since 2014, meaning that for the past decade, California has considered the possibility of upgrading purchasing a child for sex to a felony and chosen against it. Even now, Grove said she is getting pushback from state legislators who are worried about giving more prison time to people who are found guilty of purchasing a child for sex.*** https://www.washingtonexaminer.com/opinion/beltway-confidential/2966768/why-is-california-so-slow-to-protect-children-from-sex-crimes/
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Free Press makes good points
It’s been a week since we published NPR veteran Uri Berliner’s essay detailing how the broadcaster has lost its way, and the fallout continues. NPR CEO Katherine Maher is still being haunted by her old tweets. A former senior NPR executive has said Berliner identified a “real problem.” And yesterday, NPR’s own media reporter revealed that Berliner was suspended without pay for a week and issued a “final warning” as punishment for writing for The Free Press. Oh, and the (second?) richest man in the world is keeping tabs.  The ongoing saga at NPR is of a piece with a growing closed-mindedness across the West, as are two other stories this week, one in Brussels and one at USC in L.A. Let’s start with Brussels, where police yesterday shut down a gathering of prominent European right-wingers after the local mayor banned the event to “ensure public security.” 
continues
Speakers at the National Conservatism Conference included Hungarian prime minister Viktor Orbán, Brexit standard-bearer Nigel Farage, French politician Éric Zemmour, and Suella Braverman, who was, until recently, Britain’s home secretary. In other words, this was not a group of brownshirted goons planning a street fight, but major figures on the European political right, ranging from the mainstream to the more radical.  In a farcical-sounding standoff, a group of cops entered the event as Farage was speaking, then retreated. It was less of a shutdown and more a blockade: attendees were banned from entering or reentering. By all accounts, there was no violence, but a mighty media scrum at the door, major disruption, and understandably outraged attendees trapped in the building.    Look at any case of contemporary censorship and you will almost always find the same justification for silencing an unwelcome voice—safety. The rationale will invariably be light on specific threats—and is, in reality, a cowardly cover for an ulterior motive. 
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Yoram Hazony, the event’s organizer, said there was “no threat to public order” at the gathering. And I believe him. Belgian authorities have cited no specific threats. And as someone who has covered National Conservatism gatherings in the past, I find the idea that this tweedy crowd would get into any scraps difficult to believe. The only risk to my safety was nearly dying of boredom at a breakout session on common good constitutionalism.  But of course, public safety isn’t what this is really about. Hazony’s event was targeted because of objections to the ideas being discussed there.  Hazony takes it as a sign that he and his ideological comrades are onto something. “They tried to shut down this conference because they know that national conservatism is the greatest threat to the totalitarian, liberal NGO-cracy in Brussels,” he told The Free Press. (Note how such bans flatter the ideas they target: NatCon opponents should be among those most frustrated by this censorship.) 
continues
The second day of the conference is due to take place today and Hazony was adamant that the show would go on. “NatCon Brussels will continue undeterred.” Ayaan Hirsi Ali notes that Emir Kir, the mayor who ordered police to shut down the event, is no stranger to extremism. He was expelled from Belgium’s Socialist Party after he met with a delegation that included representatives of a far-right, ultra-nationalist Turkish party.  Hazony’s politics could hardly be more different to those of Asna Tabassum, an undergraduate at the University of Southern California, but she faced the same cowardly excuse for censorship this week: “safety.”
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Tabassum was selected as USC’s valedictorian, but as well as having a top-notch GPA, Tabassum appears to possess some, shall we say, robust views on Israel. Several student groups complained about her selection and pointed out that Tabassum’s Instagram bio links to a post full of noxious anti-Israel rhetoric, including a description of Zionism as a “racist settler-colonial ideology”—in other words, the sort of thing professors are teaching college kids at top schools across the country. One group, Trojans for Israel, said that by choosing Tabassum as valedictorian, USC had turned commencement into an “unwelcoming and intolerant environment for Jewish graduates and their families.”  USC is not famous for its commitment to free expression—it once suspended a professor for simply saying a Chinese word that sounded like a racial slur. And the school had a decision to make. Administrators could have said they had made a mistake in picking Tabassum because her views were at odds with USC’s values and stripped her of the role. Or they could have stuck by Tabassum and ridden out an uncomfortable commencement day in the name of free speech. Instead, they opted for a weaselly fudge, keeping Tabassum as valedictorian but preventing her from speaking. 
continues
“Tradition must give way to safety,” said Provost Andrew T. Guzman in a letter to the USC community. It made references to the “alarming tenor” of the response to Tabassum’s selection and “substantial risks relating to security and disruption at commencement” but was light on specifics.  Tabassum called the decision “cowardly” and accused the school of “succumbing to a campaign of hate meant to silence my voice.”  USC had no constitutional obligation to select Tabassum as valedictorian. It does have a duty to be straight with students and faculty about its decision-making. 
continues
Alex Morey, director of campus rights advocacy at the Foundation for Individual Rights and Expression (FIRE), told The Free Press she thought USC’s decision was “a very calculated move” designed “to avoid censoring the student or yanking her valedictorian status, instead blaming ‘safety concerns.’ ”  “The suggestion is that authorities are concerned about true threats, but rarely is that the case,” says Morey. “If there are genuine safety concerns that local authorities simply can’t handle, the school must be as transparent as possible. The alternative is that they end up looking like censors trying to cover their tracks. That, of course, can chill campus speech.”  In Brussels and Los Angeles, the targets of censorship could not have been more different. But the insincere justification was the same. ***
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→ Why I fear FISA—and you should too: The Foreign Intelligence Surveillance Act, or FISA, is facing fresh scrutiny on the Hill as lawmakers consider its renewal. FISA is touted as a vital tool for national security. Its use, we’re told, is to gather intelligence on foreign governments and terrorist organizations to prevent another 9/11 from happening. That is all true. But the law has also enabled government agencies to wiretap and collect vast amounts of data on American citizens without any real oversight or transparency.  Last week, the House of Representatives voted not just to renew but vastly expand these surveillance powers, reauthorizing Section 702, which will enable the collection of communications of noncitizens located outside the U.S. without a warrant. It might seem like a common sense measure in theory, but in practice the FBI has misused its authority from Section 702 hundreds of thousands of times, targeting everyone from BLM protesters to January 6 rioters.  It gets worse. The proposed Turner-Himes amendment would allow, with very few exceptions, the government to compel any entity or business with “access to equipment that is being or may be used to transmit or store wire or electronic communications,” to fork over data. Have a phone or a Wi-Fi router? Sorry! You’re now obligated to help the federal government spy on Americans.  Even if you’re not too worried about the pesky Fourth Amendment, you should know that this law will continue to be used against American protesters, journalists, and political actors. If this vote passes the Senate and is signed into law by President Biden, we all have good reason to be afraid. —Isaac Grafstein ***
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NY Post core competency
A transgender woman who identifies as a vampire has been convicted of sexually assaulting a developmentally disabled girl — while already under investigation for allegedly strangling a man “possessed by a demon.” Adam Hetke, 35, who goes by the name “Sabrina,” was convicted in Wisconsin last week of first-degree sexual assault by threatening the use of a dangerous weapon and second-degree assault of a mentally ill victim, GMToday reported. Hetke was already a convicted sex offender — and under investigation for a homicide, with charges only filed since the disturbed attacker was busted for the sex assault. Hetke met her latest known victim — a 16-year-old girl with cognitive disabilities — at a gas station in July 2021, went to her home and sexually assaulted her while threatening to use a knife, according to the outlet. The girl said Hetke “told her that he was a vampire and that he would bite her if she didn’t do what he wanted,” according to a criminal complaint cited by GMToday that did not use the abuser’s preferred pronouns. The convicted sex offender, who was released from prison in November 2020, also faces charges in an open homicide case in Milwaukee, GMToday reported. She was arrested on a tentative charge of first-degree intentional homicide in the April 2021 death of Vydale Thompson-Moody, a 28-year-old who had a cognitive disability, according to the Milwaukee Journal Sentinel. The victim was strangled with a cord inside a home in the Concordia neighborhood on Milwaukee’s west side, the news outlet reported.*** https://nypost.com/2024/04/16/us-news/trans-woman-who-identifies-as-vampire-sexually-assaulted-teen-charged-in-death-of-disabled-man/
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Nice BB dig at Sydney Powell -
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Kind of a dig at Trump regarding his interest in young, attractive, blonde women.
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Cell phone videos are evidence
A North Carolina high school student was charged after he allegedly slapped his teacher multiple times during a viral profanity-laced classroom rant earlier this week. The rage-filled youngster, identified only as a minor, confronted the educator inside Parkland High School in Winston-Salem, where he violently attacked her, according to video posted to social media. After the initial impact, the teacher seemed unfazed by the slap as the student continued to run his mouth.*** “The f–k’s wrong with you, what you gonna do, still sit in that chair ’cause you a bitch. Ain’t nobody even coming, you got slapped,” says the student, seemingly singing and dancing. “Bitch go back to teaching.” Students behind the camera reacted to the slaps with laughter amid the classroom assault.*** He was charged with one count of communicating threats and two counts of misdemeanor assault, the Forsyth Sheriff’s Office announced.*** https://nypost.com/2024/04/17/us-news/north-carolina-high-school-student-charged-with-assault-after-slapping-teacher/
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Free Press -
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On Our Radar
→ Antisemitism and ‘Liquid Ass’ at Columbia: Columbia’s president Minouche Shafik and other university leaders were called to Washington yesterday to testify on how the school has become one of the country’s worst “hotbeds” of antisemitism. *** Lawmakers at the hearing also tackled the alleged “chemical attack” on anti-Israel protesters on Columbia’s campus in January. Victims claimed they had been attacked by fellow students with ties to the IDF, who they alleged used a chemical weapon called “skunk.” The Intercept jumped on the story, reporting that dozens of students said they experienced “burning eyes, nausea, headaches, abdominal and chest pain, and vomiting” in the wake of the “attack.” But in a lawsuit filed against the school on Tuesday, one of the students suspended for the alleged attack stated the smell came not from a “toxic chemical substance,” as Rep. Ilhan Omar described it, but rather from a “fart spray” purchased on Amazon called, um, Liquid Ass. ***
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FBI needed another black eye
The Department of Justice is close to reaching a settlement with the sexual abuse victims of former U.S. gymnastics team doctor Larry Nassar. According to the Wall Street Journal, the DOJ is expected to pay roughly $100 million to 100 victims of Nassar. The settlement was reportedly reached last fall, but the details are still being finalized. The settlement is in response to administrative tort claims filed by the gymnasts over the FBI’s failure to properly investigate the abuse claims against Nassar.*** Among Nassar’s victims included in the settlement with the FBI are star gymnasts Simone Biles, McKayla Maroney, Maggie Nichols, and Aly Raisman. Nassar abused dozens of gymnasts over his decadeslong career. Michigan State, the U.S. women’s national gymnastics team, the U.S. Olympic & Paralympic Committee, and the FBI were heavily criticized for covering up or failing to address complaints properly. The Justice Department’s inspector general found several failures in the FBI’s handling of the investigation, with Indianapolis agents failing on multiple levels.*** https://www.washingtonexaminer.com/news/2970224/doj-nearing-settlement-victims-larry-nassar-fbi-failures/
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Now it's only ok for Google to spy on you
The House passed a bill from Rep. Warren Davidson (R-OH) on Wednesday that prohibits the federal government from purchasing U.S. citizens’ data from third parties, a win for privacy hawks that brings an end to House Republicans’ uphill battle to renew the Foreign Intelligence Surveillance Act. The bill, introduced by Davidson and House Judiciary Committee ranking member Jerry Nadler (R-NY), would force federal agencies to obtain a court order to purchase commercially owned data of U.S. citizens, such as their online activity and location information. It was championed by Judiciary Committee members and their allies as an amendment to Section 702 of FISA, but it failed to make it into the final legislation that passed last week. A vote on Davidson’s amendment comes after months of infighting within the Republican Party over how to reform the key surveillance program, with House Judiciary and House Intelligence Committees at the center of the arguments. *** https://www.washingtonexaminer.com/news/house/2969992/house-fisa-saga-passage-fourth-amendment-not-for-sale-act/
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You can't recruit/retain bus drivers b/c of crime, and you do this?
A Democrat-controlled city announced $45 million in funding for programs to help deal with the skyrocketing number of migrant arrivals it is facing, resulting in over $8 million in budget cuts for the police department.  Denver Mayor Mike Johnston announced last week a package of $45.9 million to fully fund programs for "newcomers" for 2024 and avoid worst-case scenarios projected by the city. That’s in addition to $44 million in spending already secured for the program through previous budget moves. *** https://www.foxnews.com/politics/blue-city-mayor-defunds-police-force-more-than-8-million-aid-migrants
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masterofd1saster · 18 days
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CJ court watch - the Arizona abortion case
Arizona's Supreme Court decided Planned Parenthood v. Mayes, CV-23-0005-PR on 9mar24. The decision was 4 - 2. This is a weird case that started in 1971. The case went on hold after Roe was decided in 73. It was resurrected after Dobbs.
Arizona had long outlawed abortion. The current statutory citation is A.R.S. § 13-3603. Arizona's legislature has never repealed that statute. Indeed, the Court noted
To the contrary, four years after Roe and Nelson, the legislature recodified § 13-211 as § 13-3603, maintaining the operative language of the statute.3 1977 Ariz. Sess. Laws ch. 142, § 99 (1st Reg. Sess.). ¶7 The abortion law’s recodification was not the only legislative change made to the abortion statutory scheme. Between 1973 and 2022, and conforming to the federal abortion right established in Roe, the Arizona Legislature codified dozens of abortion statutes in Title 36. See, e.g., 1973 Ariz. Sess. Laws ch. 155, § 1 (1st Reg. Sess.); 2022 Ariz. Sess. Laws ch. 105, § 1 (2d Reg. Sess.). To the extent permitted by Roe and its progeny, all of these statutes restricted abortions, including adding many procedural requirements for physicians performing abortions.***
No Arizona law authorized or permitted abortion. "Planned Parenthood and Hazelrigg’s Title 36 arguments center almost entirely on § 36-2322." That statute is a restriction on abortion that says "Except in a medical emergency, a physician may not" commit abortions.
This is sort of like when Mom and Dad leave the house and tell the teenagers "don't kill each other before we get back." That's not an authorization to kill each other when Mom & Dad return. Right?
Arizona's criminal code is available at https://www.azleg.gov/arsDetail/?title=13. The health & safety code is at https://www.azleg.gov/arsDetail/?title=36.
Everyone knows that this will be a major issue in this year's election. Legislative candidates will run on being the most pro-abortion or the most pro-life candidate. Citizens may add, amend, or repeal statutes in a referendum. https://www.azleg.gov/arsDetail/?title=19.
This is probably the worst result for Republicans and the best for Democrats. The pro-life crowd is mostly 40 Days for Life and Right to Life. Planned Parenthood is far better organized and funded, and it benefits from uniformly flattering media coverage.
For pro-lifers, the law is not the big issue. Abortion was never mostly about the law. Even when abortion was generally outlawed, women still sought and received illegal abortions. Read East of Eden. Even after Roe, women still sought and received illegal abortions. Watch Gosnell.
For pro-lifers, this issue is a battle for hearts and minds. If pro-lifers can win small, individual, mother by mother, baby by baby victories, that's how pro-lifers win the issue. Without winning hearts and minds, the legal wins are pointless.
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masterofd1saster · 19 days
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CJ info - Institute for Justice
Dear Friend:
I wanted to tell you about two trailblazing studies published by the Institute for Justice this year.
The first study—Unaccountable—analyzes thousands of federal appeals court decisions to shed light on the controversial legal doctrine of qualified immunity, a special protection for government officials facing lawsuits. Most people associate qualified immunity with police misconduct. But only a quarter of the cases analyzed involved police accused of excessive force. The remaining cases involved an array of officials, from social workers to university deans to mayors. One in five cases concerned First Amendment violations, often premeditated retaliation for speech.
This study adds to growing research showing that qualified immunity fails to accomplish its proponents’ goals. Rather than protecting officials from burdensome lawsuits for good-faith mistakes, it all too often protects intentional, malicious misconduct and makes lawsuits longer, more expensive, and more complicated.
The second study we released quantifies, for the first time, just how much private property in America is subject to warrantless searches. Thanks to a Prohibition-era legal precedent known as the open fields doctrine, only the land immediately surrounding a home receives protection under the Fourth Amendment.
The results were staggering: Nearly 96% of all private land in the country is open to government trespass, which includes activities like covert surveillance, placing cameras, removing cameras from property, and more.
Shortly before the publication of this report, we launched our fourth case challenging the open fields doctrine—this time in Louisiana—where game wardens from the state have repeatedly trespassed on private land without warrants or even suspicion of wrongdoing.
Strategic research is an important part of our multifaceted public interest litigation strategy, and we have lots of exciting reports coming this year!
Thank you for being a part of our comprehensive approach to transformative legal change.
Kim
Kim Norberg
Director of Donor Communications
Institute for Justice
P.S. We also have a new podcast, Beyond the Brief, that goes beyond the surface of IJ’s lawsuits and delves deep into the heart of the legal battles that matter. You’ll hear about the abuses of power that threaten our constitutional rights and the stories of brave Americans who are fighting back. You can listen to the first episode on YouTube or wherever you get your podcasts.
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masterofd1saster · 20 days
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CJ current events 11apr24
National Review comments on free speech & vagueness in Scotland
After the implementation of Scotland’s new hate-crime law, which criminalizes conduct and language perceived to be insulting to protected identity groups, J. K. Rowling challenged the Scottish police to arrest her. On April Fools’ Day, when the law went into effect, Rowling posted a series of tweets describing various trans-identifying men as men and accusing Scottish lawmakers of placing a “higher value on the feelings of men performing their idea of females” than on “the rights and freedoms of actual women and girls.” Many complaints were then filed against Rowling, but the police declined to prosecute, stating that her comments were “not assessed to be criminal.” Really? The law appears to make any comment perceived as offensive to those who identify as transgender a potential crime punishable by up to seven years’ imprisonment. The trans activists who reported Rowling were certainly under that impression, as are any citizens still fearful of expressing themselves freely. The law relies on subjective and arbitrary judgments. No specific victim is required. Third-party reporting is encouraged. The law prohibits “stirring up hatred” against some characteristics (transgenderism) while neglecting others (sex). “I trust that all women—irrespective of profile or financial means — will be treated equally under the law,” Rowling wrote, pointedly. We won’t hold our breath.
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Probably not scared of our jails after that
An elderly concentration camp survivor faces 11 years in prison for allegedly obstructing access to an abortion clinic. This week, a court convicted Eva Edl, 89, and three others — Eva Zastrow, 25, James Zastrow, 27, and Paul Place, 26 — for misdemeanor violations of the Freedom of Access to Clinic Entrances (FACE) Law. FACE prohibits interfering with a woman seeking to get an abortion at a clinic. Authorities charged the defendants after they sang hymns and prayed at the Carafem Health Center in Mount Juliet, Tennessee, on March 5, 2021. The Biden Department of Justice described their actions as an illegal “blockade.”*** https://thenationalpulse.com/2024/04/04/89-year-old-concentration-camp-survivor-faces-11-years-in-jail-for-praying-at-abortion-clinic
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Figures don't lie, but liars figure
***A combination of forces are at play, particularly in the manner of reporting crimes, and this is leading to deeply misleading reports. In more than one way we are seeing a lax approach to enforcement of the laws in this country, and yet the press is touting how we are experiencing a significant drop in the crime rate. This is  being done to burnish the character of President Biden and shield him from responsibility in the realities witnessed by citizens. In one outlet they did manage to couch this good news with a curious detail included. The Guardian dared to say that approaching this data should be done cautiously, as it is relying on “incomplete” data. What is this all about then? The primary issue here is a new crime reporting system implemented by the FBI, used to compile its annual crime statistics. In 2021 the FBI instituted a new state of the art reporting system; great for the Bureau, but as we will see it became horrible for accuracy. The main issue is the Feds would rely only on data submitted into this new system, yet many local law enforcement agencies were incapable, for a number of reasons, of implementing this new reporting method. As a result, the FBI had to rely upon incomplete data to put out its annual statistical reports. The Marshall Project analyzed the submission process and found that thousands of LEO crime reports were not filed with the FBI, many from the largest metropolitan areas, including New York City. What this leads to are the claims that in 2023 saw a -13% drop in murders, -6% drop in all violent crimes, and -5% drops in aggravated assaults, as well as with robberies. However, this is all based on collected data from only 79% of municipal law enforcement authorities. Other cities that failed to include data included Phoenix, and Los Angeles.  As the Marshall Project showed, these omissions are significant. In just one category - hate crimes - the FBI initially posted numbers showing a significant decrease. But the conclusion was made while missing reports from 40% of LEOs. The FBI was compelled to reach out to seven thousand police departments and have them submit hate crime stats into the old reporting system. Once that data came in - hate crimes were shown to have climbed by 12%.*** https://townhall.com/columnists/bradslager/2024/04/03/claims-that-crime-rates-are-plunging-by-the-media-those-are-criminally-inaccurate-n2637338
townhall.com
***
DoJ says Ashley Biden's diary is authentic.
https://thepostmillennial.com/bidens-doj-seeks-prison-time-for-woman-who-allegedly-stole-ashley-bidens-diary-sold-it-to-project-veritas
The Department of Justice has recommended prison time for 40-year-old Aimee Harris, the woman who allegedly stole a diary belonging to Ashley Biden ahead of the 2020 election. In a letter to Chief United States District Judge for the Southern District of the New York Laura Taylor Swain, the DOJ argued that a sentence of four to 10 months in prison followed by three years of supervised release would be an adequate punishment. "The defendant, as noted in the Government’s September 2023 sentencing submission, is being sentenced for 'scandalous conduct [that] is appalling and must not be overlooked,' and which, in and of itself, exhibited a clear disrespect for the law," the DOJ wrote***
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follow up on fbi & social media spying
In an alarming episode highlighting the ever intrusive government surveillance in US society, Rolla Abdeljawad of Stillwater, Oklahoma, faced an unsettling encounter at her doorstep. FBI agents arrived, unannounced and unwelcome, seeking to interrogate her about her social media posts regarding the conflict between Israel and Hamas in Gaza. Abdeljawad asserted her constitutional rights, refused to engage without legal counsel and demanded the agents show their badges, which they allegedly did not do.*** What’s more disturbing is Facebook’s complicity, allegedly providing screenshots of Abdeljawad’s posts to the FBI. This raises profound concerns about privacy and the unchecked power of tech giants in collusion with government agencies. Abdeljawad’s ordeal reflects a broader pattern of surveillance disproportionately targeting certain communities, as evidenced by her posts about the ongoing conflict in Gaza and her support for Palestine. Clearly these are no longer private companies if they are acting at the behest of the government. The federal government was never supposed to have the power to engage in this kind of surveillance and restraint on speech.*** https://ampamerica.com/the-unsettling-encounter-at-an-oklahoma-doorstep-and-the-fight-for-free-speech/
ampamerica.com
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another d/v prosecution dies
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Stop playing and do your job
President Joe Biden’s Department of Justice is dragging its feet in prosecuting Nicholas Roske, the man accused of trying to assassinate Supreme Court Justice Brett Kavanaugh, leaving legal experts perplexed about the slow-moving pace of the case. Roske was indicted for attempted murder of a Supreme Court justice nearly two years ago in June 2022, after allegedly traveling from his parent’s home in California to the Maryland suburbs of Washington, D.C., with the intent to kill Kavanaugh. Roske, a biological male who identified in some online posts as a transgender woman, was upset over the leaked Supreme Court draft opinion overturning Roe v. Wade, according to court documents. After arriving by taxi at Kavanaugh’s house, Roske called the police on himself and was eventually found with a suitcase full of guns, ammo, zip ties, and other tools to carry out the attack. However, the case—which one legal expert who spoke to the Washington Free Beacon called a "slam dunk" for federal prosecutors—has seen almost a dozen continuances since Roske last appeared in court in October 2022, and still no plea has been reached or trial date set.*** Neither federal prosecutors from the U.S. Attorney’s Office for the District of Maryland, nor Roske’s defense counsel, responded to requests for comment.*** https://freebeacon.com/courts/biden-doj-slow-walks-slam-dunk-case-against-man-who-allegedly-tried-to-kill-justice-kavanaugh-baffling-experts/
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1st Amendment case
BURLINGTON, Vt. – Alliance Defending Freedom attorneys reached a favorable settlement agreement with the Vermont Agency of Education, the Vermont Principals’ Association, and a Vermont school district after the district fired a high-school snowboarding coach for respectfully expressing his view that males are biologically different than females and that those differences generally give males an advantage in sports. As part of the settlement in Bloch v. Bouchey, a case filed last July, state and school officials agreed to pay $75,000—nearly 17 times the coach’s annual salary—for terminating Coach David Bloch’s job after he expressed his views. Both the Agency of Education and school district admitted that Coach Bloch’s conversation did not violate the state-mandated Harassment, Hazing, and Bullying policy. “All Americans should be able to express their beliefs without fear of government punishment,” said ADF Legal Counsel Mathew Hoffmann. “For more than a decade, Coach Bloch led the Woodstock Union snowboarding program to enormous success in terms of both athletic accomplishment and personal growth of the snowboarders. But the school district fired him because he simply expressed his views that males and females are biologically different and questioned the appropriateness of a teenage male competing against teenage females in an athletic competition. We’re pleased to favorably settle this case on behalf of Coach Bloch, and we’ll continue our work to ensure that the First Amendment protects all viewpoints, not just those favored by the government.”*** https://adflegal.org/press-release/vt-snowboard-coach-favorably-settles-after-being-fired-stating-biological-fact
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Good willful blindness/deliberate ignorance case
BOSTON (CBS DETROIT) - A Detroit-area woman was charged after she allegedly tried to get on a flight to London from Boston with 74 pounds of cannabis, which would have had a street value of $370,000, officials said.  Nalexus Palmer, 28, was charged with trafficking marijuana between 50 and 100 pounds, according to the Suffolk County District Attorney's Office. On Saturday, April 30, troopers were called to Logan Airport after receiving a report that U.S. Customs and Border Protections seized 74 pounds of suspect cannabis from a passenger, who was later identified as Palmer.  Authorities seized two large suitcases that had several vacuum-sealed bags of cannabis inside, and each bag had an Apple AirTag with them. Palmer flew from Detroit to Boston and was planning to fly from Boston to London, officials said.  She told authorities that she didn't know the cannabis was inside the bags and that a woman, who she did not know, dropped them off to her earlier that same day. In addition, Palmer said a man whose name she didn't know organized the suitcase drop off. She told authorities she met the man in Atlanta four years ago and he gives her money through Zelle and Cash App.  This man was allegedly going to give her cash for a car once she got to London. Cannabis has an illicit-market street value of approximately $5,000 per pound in London, officials said. *** https://www.cbsnews.com/detroit/news/michigan-woman-allegedly-tried-to-fly-from-boston-to-london-with-74-pounds-of-cannabis/
Duplicate of United States v. Jewell, 532 F.2d 697 (9th Cir. 1976).
She'll probably plead to simple possession of the weed.
The median sentence for Border offenders was six months and almost all received a sentence of imprisonment (97.9%). Weighing the Charges-- Simple Possession of Drugs in the Federal Criminal Justice System. (Sep. 2016). U.S.S.C. https://www.ussc.gov/sites/default/files/pdf/research-and-publications/backgrounders/RG-simple-possession.pdf
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Whose harm reduction?
Addiction Activists Say They’re ‘Reducing Harm’ in Philly. Locals Say They’re Causing It.
Addicts have turned a minority neighborhood into an open-air drug market. Residents blame the mostly white advocates for ‘destroying’ their community.
By Olivia Reingold
April 8, 202
For three years, Sonja Bingham, a 55-year-old mother of three, started every day the same way: with a broom. At dawn, she would come out to sweep away the damage from the previous night—the syringes, the fentanyl baggies, the cigarette butts, and the half-eaten sandwiches. And sometimes as she swept, she couldn’t help but think that the city of Philadelphia would’ve never let this fly during the crack epidemic.  “They threw our black asses in jail,” says Bingham, who’s speaking to me in her living room where there’s a TV streaming the live feed of four security cameras placed throughout her property.  “Now that the color of the addicts has changed, they’re going to meet them where they are in our community and allow them to destroy it. So, now you have the children, grandchildren, great-grandchildren, watching how once again, our lives don’t matter.”  Her problem is not just with the hundreds of drug users camped out in Kensington—her neighborhood in northeast Philly that’s been dubbed ground zero for the city’s opioid crisis. It’s with an ecosystem of activists that call themselves “harm reductionists.” ***
Earlier last month, Laurel and her Savage Sisters volunteers stormed through City Hall chanting, “What do we want? Harm reduction. When do we want it—now.” Many wore N95 masks while holding up signs with messages like “Banning harm reduction is genocide” and “Why do you want to kill my family?” They were there to push back against an effort led by council member Quetcy Lozada, who founded the Kensington Caucus, an initiative to crack down on the area’s open-air drug market. ***
https://www.thefp.com/p/harm-reduction-kensington-causes-harm
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Georgiduh woman
BONIFAY, Fla.- Today, Florida Highway Patrol Troopers responded to a report of an active shooter in Holmes County.  The suspect was reportedly a female who had recently checked out of a local hotel and told the staff she was going on a shooting spree, directed by “God” in relation to the solar eclipse. The suspect, driving a purple Dodge Challenger with Georgia plates, entered Interstate 10 (I-10) at the 112-mile marker and traveled westbound. Within 5 miles of entering the interstate, the suspect fired multiple shots into another vehicle traveling along the interstate, striking the passing car multiple times. The driver was struck by glass fragments from the window and grazed on the arm by a bullet; however, he was able to steer his vehicle onto the shoulder of the road, away from the suspect. Continuing westbound on I-10, the suspect shot at another vehicle near the 107- mile marker, hitting the driver in the neck. The victim was taken to a nearby hospital and is currently receiving treatment. Responding Troopers located the suspect near the 96- mile marker and conducted a felony traffic stop. After the suspect was taken into custody, troopers recovered an AR-15 and a 9mm handgun within the purple Challenger. The suspect, identified as Taylon Nichelle Celestine, 22, of Georgia, was taken into custody without incident and transported to the Holmes County Jail *** https://www.flhsmv.gov/2024/04/08/florida-highway-patrol-arrest-active-shooter-suspected-of-firing-rifle-at-vehicles-on-i-10/
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Wed
Place is pretty safe when your security detail sweeps it
Mayor Pete took to the airwaves of MSNBC Sunday to proclaim that Washington, D.C. is safe—super safe—and that he can walk his dog unmolested to the Capitol. He went on to say, “You couldn’t do that when we all got here!” as if to imply that somehow D.C. was safer now than it was when Biden came into a office, a provably false assertion.
There’s a bit of a problem with his claim (bolding theirs):
DC saw its deadliest year in more than two decades, with 274 people killed and a homicide rate that makes it among the deadliest cities in the country. Violent crime also spiked nearly 40 percent in the nation’s capital, driven largely by a surge of armed robberies and carjackings, many of them perpetrated by kids. The city reported more than 950 carjackings in 2023, and shocking news coverage about teen carjacking rings rattled residents and people who worked there.
Oops. Don't tell that to Buttigieg:  https://twitter.com/RNCResearch/status/1777026614833946705
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Crumbleys get what they so richly deserve
PONTIAC, Mich. — The first parents to ever be charged, then convicted, in their child’s mass shooting at a U.S. school were both sentenced Tuesday to 10 to 15 years in prison after facing the victims during a sentencing hearing in a Michigan courtroom. James Crumbley, 47, and wife Jennifer, 46, were sentenced one after another by Circuit Court Judge Cheryl Matthews as they appeared together for the first time since they attended joint hearings before their landmark trials were separated last fall. Their son, Ethan, now 17, pleaded guilty as an adult to the 2021 shooting at Oxford High School in suburban Detroit and was sentenced to life in prison. Matthews' sentencing decision was in line with what Oakland County prosecutors had asked for after both parents were found guilty on four counts of involuntary manslaughter, one for each of the students their son killed.*** https://www.nbcnews.com/news/us-news/crumbley-parents-face-school-shooting-victims-families-sentencing-rcna145902
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CamPen false sex trafficking allegation
PFC. Avery L. Rosario, a Marine assigned to Camp Pendleton pleaded guilty to breaking restriction. Restriction is basically like being grounded for big teenagers. He was restricted because he had smoked weed.
***Investigation Timeline: Teen Found on Camp Pendleton
June 13, 2023:
A 14-year-old San Diego County girl is reported missing to the San Diego County Sheriff's Department by her grandmother
The teen’s grandmother tells a deputy her granddaughter ran away from home on June 9
June 26-28, 2023:
Rosario and "Kayla" engage in messages on multiple social media applications, including Tinder and Instagram
June 28, 2023:
Military police at Camp Pendleton locate the teen and inform the San Diego County Sheriff's Department
Rosario is taken into custody for questioning***
Turned out "Kayla" had a history. On 9apr24, sex charges were dismissed, and Rosario pleaded guilty to breaking restriction at a special court-martial. A SPCM is a court for military misdemeanors.
Rosario had been in the brig for months, and his sentence was going less than time served.
If you use drugs in the armed forces, they'll kick you out, but you have some Due Process rights. It sounds as if Rosario waived his right to consideration of his case by an administrative discharge board.
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Ashley Biden diary case
Aimee Harris sentenced to a month in federal prison. https://twitter.com/libsoftiktok/status/1777828117240766536
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HRC problem too
→ Amnesty for terrorists: You know Amnesty International. They’re the good guys. The nice human right-sy types who are on the Right Side of History. They stick up for prisoners of conscience: brave people unjustly imprisoned for standing up for what they believe in. People like Walid Daqqah, whose death from cancer they noted with this tweet yesterday:
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RIP, brother. Except, as well as being a “Palestinian writer,” Walid Daqqah was also a Palestinian terrorist. In 1986 he was convicted of ordering members of a terror group called the Popular Front for the Liberation of Palestine to abduct and murder a 19-year-old Israeli soldier two years earlier. It was an especially gruesome crime. From The Jewish Chronicle: “Tamam’s killers gouged out his eyes, mutilated his body, and castrated him before taking him to an olive grove and shooting him dead.”  Seems to me that Daqqah deserved his life sentence. It also seems like something has gone very wrong at Amnesty. The organization throws its weight behind the likes of Walid Daqqah but pulled support for the late Russian opposition leader Alexei Navalny because of “concerns relating to discriminatory statements.” Does torture count as discriminatory at Amnesty? 
HRC & AI aren't really that keen on human rights; they just hate everything western.
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Chemerinsky gets it right
→ Your constitutional right to. . . crash a party?: Every year, Erwin Chemerinsky, the dean of Berkeley Law School, invites students to his home for dinner. For that crime, Berkeley’s pro-Hamas crowd put up posters on campus that read “No dinner with Zionist Chem while Gaza starves” with this image: 
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Professor Chemerinsky, a leading First Amendment scholar and an advocate for free speech on campus, took this antisemitic attack remarkably well, arguing that the posters should be kept up because they were protected speech under the First Amendment. When Chemerinsky learned that activist students were threatening to protest the dinner, he decided he and his wife “would not be intimidated” and that they would go ahead with it.  On Tuesday night he hosted the first of three dinners, and sure enough, anti-Israel activists made a scene. When Chemerinsky asked a protester giving a speech with a microphone to leave, she claimed she had a First Amendment right to stay put and keep talking. As Chemerinsky pointed out, that’s not really how it works. There is no First Amendment right to overstay your welcome at a dinner party. Though some of my friends act like it.  Throughout all this, Chemerinsky has been a class act. “The dinners will go forward Wednesday and Thursday,” he said in his statement yesterday. “I hope there will be no disruptions; my home is not a forum for free speech. https://www.thefp.com/p/assange-curb-larry-david-cass-review-transgender
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Powerful friends are a great defense
*** it’s safe to say Combs’s reign of terror rivals other big-name perpetrators of grievous abuse. If even a fraction of the worst of rumors are proven true, Combs may yet succeed in becoming the most depraved and villainous character in the history of American entertainment. Credible accusations against Combs include beating and drugging his girlfriend Cassie so regularly that she has been diagnosed with memory loss, blowing up fellow rapper Kid Cudi’s car for flirting with her, and “pimping out” Cassie and other women under his influence at sex trafficking parties held at his various estates. There are numerous other accusations of a similar nature, in addition to a prolonged history of violence dating back decades.  While his many celebrity friends and allies in the media now claim “shock” at the allegations, it appears that Combs’s dark reputation was widely known among industry figures. Like Weinstein before him, Combs cultivated relationships with the most powerful people in American secular culture to conceal his nefarious behavior. His annual White Party, which afforded him the reputation of a modern-day Gatsby, attracted A-list guests for 25 years. And his longtime friendships with esteemed public figures such as Oprah Winfrey and Prince Harry lent his persona a philanthropic sheen.  But perhaps nothing gave Diddy’s depravity cover quite like his status as a major figure in Democratic Party politics. He’s a well-established friend of former President Barack Obama — the two have been photographed  “hanging out” on numerous occasions over the years, including in his post-presidency — and Obama was fond of joking about Combs’s numerous name changes.  “When Puff Daddy changed his name to P. Diddy, he wanted to change it to ‘Pimp Daddy,’” Obama once joked in an interview. “But he didn’t think we would approve.” It stands to reason that Diddy fancied himself untouchable. And why wouldn’t he?*** https://www.washingtonexaminer.com/restoring-america/fairness-justice/2960933/like-weinstein-diddys-powerful-democratic-friends-concealed-alleged-depravity/
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No evidence anyone slashed his throat with a knife
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In other football news
The Dallas Police Department issued an arrest warrant on Wednesday for Kansas City Chiefs player Rashee Rice for his role in a traffic accident in Texas in March. Rice, 23, is a wide receiver for the Chiefs and won the Super Bowl with the team in February.  The Dallas Police Department’s investigation into the crash revealed that Rice, who was driving a Lamborghini, and another man, who was driving a Corvette, were speeding on U.S. Highway 75 in Dallas. The two men lost control of their cars and crashed into other drivers on the highway, resulting in a string of collisions that included four additional vehicles. Additionally, law enforcement officials claimed that a video from a witness showed the drivers and others in the cars at the time of the accident, all fleeing from the scene. ***https://www.washingtonexaminer.com/news/2962162/police-issue-arrest-warrant-for-super-bowl-champion-after-car-crash/
NFL rules require an immediate trade to the Raidfilthy if he is convicted of a serious crime.
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Dexter Reed shooting
Dexter Reed was a 26 y/o man pulled over in Chicago on 21mar24 for a minor violation. "five Chicago Police officers assigned to an 11th District tactical unit" ended up shooting him to death.
***What the videos show
In one video, an officer wearing a hooded jacket, a baseball cap and a tactical vest with a badge on it approaches the driver of a white vehicle with dark-tinted windows. “Roll the window down. Roll the window down,” the officer tells the driver. The driver initially rolled his window down but then kept rolling it back up. “What are you doing?” the officer asks. “Don’t roll the window up. Do not roll the window up!” The officer pulls on the driver’s door handle – which appears to be locked – and then draws a gun. “Unlock the doors now! Unlock the doors now!” the officer screams as another officer shouts the same demands. The driver apparently says, “OK, I’m trying to.” Seconds later, as the officer retreats from the vehicle, gunfire breaks out. Dozens of gunshots are then heard in rapid succession. Other bodycam videos show at least two other officers firing toward Reed from across the street in the residential neighborhood. Both of those officers paused to reload their guns. After the barrage of gunfire ends, Reed’s body is found lying face down behind the vehicle. “He started shooting at us,” an officer said in one of the videos. About a minute later, an officer examines Reed’s bullet-ridden car. “The gun’s right there,” the officer says, shining a flashlight into the vehicle. One officer was shot in the wrist during the gunfire and was hospitalized in good condition, Chicago police said. Now, multiple agencies are investigating whether the officers’ actions were justified.*** https://www.msn.com/en-us/news/crime/96-shots-fired-in-a-fatal-traffic-stop-here-s-what-the-bodycam-footage-shows/ar-BB1lkrTh
Five officers stopped him? A tactical unit stopped him for a traffic violation? Why did Reed have his pistol ready? Something more is going on here.
The police reports and body cam videos are at https://www.chicagocopa.org/case/2024-0003052/. Reach your own conclusions.
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Pretty good arson sentence
Hridindu Sankar Roychowdhury, 29, of Madison, Wisconsin, was sentenced today to 90 months in federal prison for attempting to cause damage by means of fire or an explosive to a building in Madison. Roychowdhury attacked the building with a Molotov cocktail in the wake of the leak of the draft opinion in Dobbs v. Jackson Women’s Health Organization, overruling Roe v. Wade. He targeted the building because it was occupied by an organization that opposed abortion. Roychowdhury pleaded guilty on Dec. 1, 2023. “The sentence imposed today is the result of innovative work by the FBI and Justice Department prosecutors who tirelessly investigated this case,” said Deputy Attorney General Lisa Monaco. “It is also a reminder that the Justice Department will hold accountable those who turn to violence as a means of intimidation.”*** On May 8, 2022, at approximately 6:06 a.m., law enforcement responded to an active fire at an office building located in Madison. Once inside the building, police observed a mason jar under a broken window; the jar was broken and the lid and screw top were burned black. The police also saw a purple disposable lighter near the mason jar. On the opposite wall from the window, the police saw another mason jar with the lid on and a blue cloth tucked into the top; the cloth was singed. The jar was about half full of a clear fluid that smelled like an accelerant. Outside of the building, someone spray painted on one wall, “If abortions aren’t safe then you aren’t either” and, on another wall, a large “A” with a circle around it and the number “1312.” During the investigation, law enforcement collected DNA from the scene of the attack. In January 2023, after reviewing surveillance video of an individual spray painting “We will get revenge” on the grounds of the Wisconsin State Capitol, law enforcement observed visual similarities to the graffiti that had been spray painted at the scene of the firebombing the year before. In March 2023, law enforcement identified Roychowdhury as a possible suspect. Local police officers observed Roychowdhury dispose of food in a public trash can; the officers recovered the leftover food and related items and law enforcement collected DNA from the food. The contents of the bag included a quarter portion of a partially eaten burrito. Law enforcement swabbed the burrito for DNA and sent the swab to an ATF lab. On March 17, 2023, law enforcement advised that a forensic biologist examined the DNA evidence recovered from the attack scene and compared it to the DNA collected from the food contents. The forensic biologist found the two samples matched and likely were the same individual. In March 2023, Roychowdhury travelled from Madison to Portland, Maine, and he purchased a one-way ticket from Boston to Guatemala City, departing March 28, 2023. Law enforcement arrested Roychowdhury at Boston Logan International Airport that day.*** https://www.justice.gov/opa/pr/wisconsin-man-sentenced-prison-2022-firebombing-madison-building
looks like an advocacy organization. Obviously, Roychowdhury disagreed with their view point.
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masterofd1saster · 21 days
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You want to know Jesus?
Luke teaches that on Easter Sunday, Jesus appeared to Cleopas and another disciple on the road to Emmaus. They were so busy discussing the events of Holy Week that they didn't even notice it was Jesus. They were so caught up in their lives that they didn't recognize him even as he explained Scripture to them. They didn't recognize him until dinner. How did they recognize him?
30 And it happened that, while he was with them at table, he took bread, said the blessing, broke it, and gave it to them. 31 With that their eyes were opened and they recognized him, but he vanished from their sight.
They immediately returned to Jerusalem to tell the Apostles:
35Then the two recounted what had taken place on the way and how he was made known to them in the breaking of the bread.
If you want to know Jesus, go to a Catholic church and get to know him in the breaking of the bread.
[A highly abridged account appears in Mark 16.]
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masterofd1saster · 27 days
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CJ current events 4apr24
Who knew homeless, mentally ill drug addicts were a little unstable?
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Was his screen name a 4th Amendment waiver?
St. Louis firefighter charged with possessing child sex abuse material after IP address tracked to firehouse
Prosecutors charged Jarret Morton, 50, with two counts of possessing child sex abuse material.
***According to a probable cause statement, investigators received a tip on Jan. 30 referring to two files constituting child sexual abuse material.  The files were stored on Dropbox, and were accessed twice on Jan. 11. The screen name used with the Dropbox was Jarret Morton, and his email address contained "stlfd," the acronym for St. Louis Fire Department. Police identified Morton as the owner of the Dropbox account, and the IP address used to access the files was traced to Engine House No. 5 in the St. Louis Place neighborhood. Police said the files were accessed during times Morton was working at the firehouse and that he had access to the station's secured WiFi. Police executed a search warrant on Morton's phone and found 221 video files of child sex abuse, court documents said.*** https://www.ksdk.com/article/news/crime/st-louis-firefighter-accused-possessing-child-sex-abuse-material/63-a1a67008-c9b2-4efc-b4ab-eb2aedf71977
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Breaking the law by computer is still breaking the law
The Justice Department joined by the Federal Trade Commission (collectively the “Agencies”), filed a statement of interest with the District of New Jersey in the case of Cornish-Adebiyi v. Caesars Entertainment, which explains that hotels cannot collude on room pricing and cannot use an algorithm to engage in practices that would be illegal if done by a real person. Companies across the economy are increasingly using algorithms to determine their prices. When a small group of algorithm providers can influence a major segment of a market, competitors are better able to use the algorithm provider to facilitate collusion. This risk is even greater as markets have become more concentrated across a wide range of industries. Algorithms that recommend prices to numerous competing hotels make it harder for travelers to comparison-shop for the best rate. In their statement, the Agencies highlight two key aspects of competition law. First, plaintiffs do not need to identify direct communications between competitors to allege an agreement under Section 1 of the Sherman Act, particularly when they allege that an algorithm provider that works with the competitors is acting in concert with them. Competitors cannot lawfully cooperate to set their prices, whether via their staff or an algorithm, even if the competitors never communicate with each other directly. Second, an agreement to use shared pricing recommendations, list prices or pricing algorithms is still unlawful even when co-conspirators retain some pricing discretion. Setting or recommending initial starting prices can still violate the antitrust laws even if those are not the prices that consumers ultimately pay.*** https://www.justice.gov/opa/pr/justice-department-and-federal-trade-commission-file-statement-interest-hotel-room
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Impersonating FBI is asking for serious trouble. Odd that FBI would send three people to interview a woman about social media.
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It's 7/11's fault? Really?
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Tell us how you really feel.
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In real Texas, there would be a smoking hole where he once stood.
PASTOR PLEA DEAL: Pastor who sexually abused child for nearly 7 years receives probation
CORPUS CHRISTI, Tx — William C. Robinson, a pastor working for Chi Alpha Campus Ministries in Corpus Christi, received 10 years probation after sexually abusing an underage family member. According to his indictment, Robinson sexually abused an underage family member between July 11, 2015 and June 27, 2022. The arrest affidavit states the sexual contact with the child began when she was nine.*** On March 22, Robinson appeared in the 319th District Court where he accepted a plea deal that would avoid any jail time. He pleaded guilty to one count of continuous sexual abuse of a child under 14, one count of sexual assault of a child, and three counts of indecency with a child. In exchange for his plea, Robinson received 10 years deferred adjudication. If he complies with the terms of his probation, once he serves his sentence, Robinson can have the charges removed from his record. The judge also ordered Robinson to serve 120 hours of community service, stay away from the victim, and take parenting classes. He will have a curfew from 9 p.m. to 6 a.m. Plus, his internet access will be monitored. https://www.kristv.com/news/local-news/pastor-plea-deal-pastor-who-sexually-abused-child-for-nearly-7-years-receives-probation
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Middle of No-freakin'-where
A Chinese national was arrested after driving onto the Marine base in Twentynine Palms and then ignoring orders to leave, the U.S. Customs and Border Protection confirmed to News Channel 3. The arrest happened on March 27. According to CBP, El Centro Sector Border Patrol agents were called out to the Marine Corps Air Ground Combat Center Twentynine Palms. Agents determined that the man was a Chinese national illegally present in the U.S. Agents took the man into custody. He was transported to a nearby station for further processing.*** https://kesq.com/news/2024/03/29/chinese-national-arrested-after-driving-onto-twentynine-palms-marine-base/
***
All the cops and all the tech in the world won't keep you safe if you don't lock up criminals
New York City mayor Eric Adams (D.) on Thursday announced the city will start using gun scanners in its subway stations amid a surge in violent crime in recent months. Adams [said] that the weapon detection system would not record any commuter’s face or identification.  Adams noted the new technology would allow NYPD officers to monitor on a screen as commuters walk through the scanners. A weapon’s location would show up as orange on the screen, enabling officers to conduct an immediate search.  The gun detectors, however, will not be put into use until late June due to the city’s Public Oversight of Surveillance Technology Act passed in 2020, which requires the NYPD to wait at least 90 days before rolling out a surveillance system at a new location. The same scanners have already been installed at some venues in the Big Apple, including the Metropolitan Museum of Art, CitiField stadium, and One Vanderbilt.*** https://freebeacon.com/latest-news/nyc-mayor-unveils-gun-scanners-in-subway-amid-violent-crime-surge
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Exhibit 1
NASHVILLE, Tenn. (WSMV) – The manhunt continues Monday morning for an alleged gunman who entered a Nashville restaurant during Sunday brunch on Easter and opened fire, killing a man and injuring four others. The Metro Nashville Police Department says 46-year-old felon Anton Rucker remains on the run after the shooting that terrified customers inside Roasted on Garfield Street in Salemtown, a neighborhood located northwest of downtown Nashville. Rucker is wanted for homicide in connection to the deadly shooting, in which 33-year-old Allen Beachem was killed and four others were shot. Police pointed out in social media posts that Rucker has a lengthy criminal record. Police said he was arrested in Murfreesboro on felony drug charges in October and aggravated assault charges last August. Court records show Rucker was convicted of the lesser charge of assault in November 2014, after pleading no contest to a charge of aggravated assault on an officer. In 2009, Rucker faced more than a dozen counts of aggravated assault but was convicted on three counts, according to court records. A year earlier, Rucker was convicted on two felony counts of aggravated assault in October 2008, court records show. While keeping violent offenders off the street has been a purported priority for Nashville lawmakers and authorities, substantial legislation to combat this has only been directed at those who have been deemed incompetent to stand trial. That legislation came after the shooting and killing of Belmont student Jillian Ludwig. Months before the 18-year-old was killed, her suspected killer was released from custody after three doctors deemed him incompetent to stand trial.*** https://www.wsmv.com/2024/04/01/gunman-who-allegedly-opened-fire-inside-nashville-restaurant-easter-has-criminal-past/
***
Ever watch a youtube video?
YouTube ordered to reveal the identities of video viewers
Posted: March 26, 2024 by Pieter Arntz Federal US authorities have asked Google for the names, addresses, telephone numbers, and user activity of accounts that watched certain YouTube videos, according to unsealed court documents Forbes has seen. Of those users that weren’t logged in when they watched those videos between January 1 and 8, 2023, the authorities asked for the IP addresses.*** https://www.malwarebytes.com/blog/news/2024/03/youtube-ordered-to-reveal-the-identities-of-video-viewers
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U of Maryland thinks writing on a sidewalk is violent terrorism
***Created by the National Consortium for the Study of Terrorism and Responses to Terrorism, or START, the project purportedly tracks “ideologically motivated criminal activity” and known “extremists” through 2021. The Fix previously reported how two Students for Life of America members who were arrested for writing “black pre-born lives matter” on a sidewalk in 2020 are recorded in PIRUS. This puts them among white supremacists, jihadist groups, and other threats. Moreover, SFLA appears under a “Terrorist_Group” label in the raw dataset. When asked if START’s labeling was appropriate, national security expert Elizabeth Neumann flatly replied, “No.” “They made an error and they should correct it,” Neumann said in a phone interview with The Fix.*** https://www.thecollegefix.com/former-terrorism-officials-question-radicalization-study-that-lists-peaceful-pro-lifers/
***
Videotaping crimes, not just for rappers anymore
The 32-year-old YouTuber who filmed himself driving from Colorado Springs to Denver in 20 minutes while reaching speeds over 150 mph on Interstate 25 pleaded guilty to speed exhibition in a deal with the 4th Judicial District Attorney’s Office. Rendon Dietzmann, who posts on YouTube under the username Gixxer Brah, was arrested in Texas on Feb. 7 on a Colorado State Patrol warrant from December. Dietzmann was charged with seven misdemeanor and traffic crimes, including menacing and reckless endangerment, after he posted a since-deleted video driving over 150 mph on I-25 starting at Garden of the Gods Road, squeezing through small gaps between vehicles and weaving between lanes and the highway shoulder. Dietzmann pleaded guilty to speed exhibition and will pay a fine of up to $300, the $1,996 cost of his extradition to Colorado and court costs under the plea deal, according to the district attorney’s office.*** https://www.denverpost.com/2024/04/01/rendon-dietzmann-gixxer-brah-colorado-texas-motorcycle-speed/
***
Lot of time on their hands
NEW YORK (AP) — Inmates in New York are suing the state corrections department over the decision to lock down prisons during next Monday’s total solar eclipse. The suit filed Friday in federal court in upstate New York argues that the April 8 lockdown violates inmates’ constitutional rights to practice their faiths by preventing them from taking part in a religiously significant event. The plaintiffs are six men with varying religious backgrounds who are incarcerated at the Woodbourne Correctional Facility in Woodbourne. They include a Baptist, a Muslim, a Seventh-Day Adventist and two practitioners of Santeria, as well as an atheist. “A solar eclipse is a rare, natural phenomenon with great religious significance to many,” the complaint reads, noting that Bible passages describe an eclipse-like phenomenon during Jesus’ crucifixion while sacred Islamic works describes a similar event when the Prophet Muhammad’s son died.*** https://apnews.com/article/solar-eclipse-prison-lawsuit-new-york-3b6af5a2f1f8f320a1ed4918a560b525
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When you don't have effective law enforcement
A Fairfax County, Virginia, female police officer was recently surrounded in her vehicle and attacked by a street takeover gang. Fairfax County Police Chief Kevin Davis shared the details of the attack that took place early Easter Sunday morning on the officer’s vehicle as she called in for help. The unidentified officer spotted the group doing donuts in an industrial area parking lot in Springfield, Virginia. When she approached the crowd in her vehicle, the large crowd surrounded her, shaking the police cruiser and attempting to break into the doors. “A huge crowd is hitting my car. I need units to expedite,” the police officer is heard saying in a video recording played at a Fairfax County police press conference on Wednesday.
One of the videos showed an individual waving a gun in the air. When more officers arrived, the crowd fled the scene. “The police exist to address crime and disorder. This is both crime and disorder. I don’t know anyone who has an appetite for this to continue,” Davis said Wednesday. The police chief shared several arrests of suspects they believe may be connected to Sunday’s incident. Fairfax County Commonwealth’s Attorney Steve Descano was called out on social media following the street takeover. “You see what @FairfaxCountyCA policies have created in Fairfax County?” social media influencer Marky Mark posted on X. He added in another post, “But will @SteveDescano @FairfaxCountyCA charge them to the fullest extent of the law or plea them out?”
**** https://www.washingtonexaminer.com/news/crime/2952252/dc-street-takeover-gang-attempts-break-into-police-car-officer-inside/
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702 should be reauthorized, but violating FISA should be punished
The FBI is attempting to rehabilitate the public image of Section 702 of the Foreign Intelligence Surveillance Act as Congress has until April 19 to reauthorize it. The bureau recently posted a video to X that features FBI Director Christopher Wray attempting to put a gloss on Section 702 as part of this monthslong campaign. The bureau's timely propaganda did not escape the attention of critics on X, where the post received a community note that read, "The FBI violated American citizens' 4A rights 278,000 times with illegal, unauthorized FISA 702 searches." Among the critics was Sen. Mike Lee (R-Utah), who wrote, "FBI just got called out in a community note on X. Congress — take note. FISA 702 has been used for warrantless surveillance of U.S. citizens HUNDREDS OF THOUSANDS of times. Yet FBI demands 702 be reauthorized by April 19 WITHOUT a warrant requirement for searches of U.S. citizens." "Many in Congress will want to reauthorize FISA 702 — which is set to expire April 19th — either without modification or (more likely) with fake reforms that fail to impose a warrant requirement for searches directed at Americans," added the senator.*** https://www.theblaze.com/news/fbi-blasted-over-attempt-to-put-gloss-on-section-702
Recall that the Obama administration released a white paper that admitted it routinely violated FISA and spied on you but told everyone it's ok b/c they had the very best people violate your rights.
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The difference is that Utah will probably fight effectively
The Justice Department announced Tuesday that it is suing Utah for allegedly discriminating against an incarcerated transgender woman on the basis of her gender dysphoria. The suit was filed in the United States District Court, District of Utah and names the state of Utah, the Utah Department of Corrections and the Utah Department of Health and Human Services. The Utah Department of Corrections referred back to an earlier statement from March made by Executive Director Brian Redd, which said they were working to “address this complex issue.” “We have also taken steps on our own, and as a state, to address the needs of inmates while maintaining the highest safety standards. We fundamentally disagree with the DOJ on key issues, and are disappointed with their approach,” Redd said.*** https://www.deseret.com/utah/2024/04/02/justice-department-sues-utah-prisons/
DoJ has sued other states. California litigated like a possum or a fainting goat.
***
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masterofd1saster · 28 days
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Easter & Psalm 22
Jesus prayed Psalm 22 on the cross. The ending of Psalm 22 is Easter -
III
23Then I will proclaim your name to my brethren;
in the assembly I will praise you:
24“You who fear the LORD, give praise!
All descendants of Jacob, give honor;
show reverence, all descendants of Israel!
25For he has not spurned or disdained
the misery of this poor wretch,
Did not turn away from me,
but heard me when I cried out.
26I will offer praise in the great assembly;
my vows I will fulfill before those who fear him.
27The poor will eat their fill;
those who seek the LORD will offer praise.
May your hearts enjoy life forever!”
IV
28All the ends of the earth
will remember and turn to the LORD;
All the families of nations
will bow low before him.
29For kingship belongs to the LORD,
the ruler over the nations.
30All who sleep in the earth
will bow low before God;
All who have gone down into the dust
will kneel in homage.
31And I will live for the LORD;
my descendants will serve you.
32The generation to come will be told of the Lord,
that they may proclaim to a people yet unborn
the deliverance you have brought.
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masterofd1saster · 1 month
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Good Friday & who killed that rabbi from Nazareth
Isaiah prophesies
 Is 52:13—53:12
See, my servant shall prosper,             he shall be raised high and greatly exalted. Even as many were amazed at him--             so marred was his look beyond human semblance             and his appearance beyond that of the sons of man-- ***             To whom has the arm of the LORD been revealed? He grew up like a sapling before him,             like a shoot from the parched earth; there was in him no stately bearing to make us look at him,             nor appearance that would attract us to him. He was spurned and avoided by people,             a man of suffering, accustomed to infirmity, one of those from whom people hide their faces,             spurned, and we held him in no esteem. Yet it was our infirmities that he bore,             our sufferings that he endured, while we thought of him as stricken,             as one smitten by God and afflicted. But he was pierced for our offenses,             crushed for our sins; upon him was the chastisement that makes us whole,             by his stripes we were healed. We had all gone astray like sheep,             each following his own way; but the LORD laid upon him             the guilt of us all. *** If he gives his life as an offering for sin,             he shall see his descendants in a long life,             and the will of the LORD shall be accomplished through him. Because of his affliction             he shall see the light in fullness of days; through his suffering, my servant shall justify many,             and their guilt he shall bear. Therefore I will give him his portion among the great,             and he shall divide the spoils with the mighty, because he surrendered himself to death             and was counted among the wicked; and he shall take away the sins of many,             and win pardon for their offenses.
While the Gospel speaks of the Jews, the Apostles were Jews - just like that rabbi from Nazareth. For whom did Jesus die? For us all, Jew and gentile alike. Who killed Jesus? Yeah, us.
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masterofd1saster · 1 month
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CJ current events 28mar24
I can't beat this headline, so
Woman once charged with selling sex as hot dog vendor arrested on stalking charges***
EAST ROCKAWAY, Long Island (WABC) -- A woman on Long Island who made headlines in the past for allegedly selling sex as a hot dog vendor has been arrested on stalking charges. Catherina Scalia, 57, was charged with three counts of stalking on Wednesday. Scaia is accused of repeatedly harassing a 51-year-old male employee at the Main Street Business Center in East Rockaway and at his home. According to officials, she exposed her breast and made antisemitic remarks to the man after he told her multiple times to go away.*** https://abc7ny.com/long-island-hot-dog-hooker-arrest-charged/14550522/
***
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NEW YORK -- Police sources are revealing more details about a murder mystery in Manhattan.  They say the Joint Fugitive Task Force is hunting for two suspects after Nadia Vitels, 52, was killed inside her mother's New York City apartment.  It happened in the Kips Bay neighborhood. Sources say the suspects were squatters.  According to police sources, Vitels was killed after she traveled to New York City from Spain to get the apartment ready to be occupied a family friend. It had been vacant for months after the death of her mother.  Police sources say Vitels didn't know when she went to the apartment that two squatters had been living there. When she arrived, she could be seen on surveillance video coming and going from the apartment.  Police believe the two suspects returned to the apartment after Vitels arrived, surprised and killed her by beating her to death. *** https://www.cbsnews.com/newyork/news/woman-killed-in-nyc-by-squatters-stuffed-in-duffle-bag-sources-say/
+++
***Adele Andaloro, 47, was in the process of selling the property when the [squatters] shadily took refuge in the home last month. She confronted the trio and changed the locks in hopes they would not be able to re-enter if they left. However, a male inside the home called the police on Andaloro, who was later arrested. Neighbors have noticed some concerning activity from the house since the alleged squatters snaked their way into the home.*** https://nypost.com/2024/03/20/us-news/vigilantes-try-to-evict-squatters-at-1m-queens-house-after-homeowner-adele-andaloro-is-arrested/
Babylon Bee -
bb -
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***
 Naughty By Nature was produced by Combs
LOS ANGELES — Sean "Diddy" Combs is a subject of a federal investigation amid a wave of lawsuits that have been filed against the rap music mogul since November, a source familiar with the matter told NBC News on Monday. Three women and a man have been interviewed by federal officials in Manhattan in relation to allegations of sex trafficking, sexual assault, and the solicitation and distribution of illegal narcotics and firearms, the source said. Interviews with three other subjects are also scheduled, the source said. Four law enforcement sources told NBC News that federal agents with Homeland Security Investigations on Monday executed search warrants at Los Angeles and Miami properties belonging to Combs. The sources said the warrant is out of the Southern District of New York.*** https://www.nbcnews.com/news/us-news/sean-diddy-combs-federal-investigation-homes-searched-rcna145006
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puts a whole, new level of creepy on
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***
I want to wake up
In the city that never sleeps!
EAST HARLEM, Manhattan (WABC) -- A Bronx man was charged in the death of a subway rider he allegedly pushed onto the tracks -- an attack that appeared to be unprovoked. According to police, it happened just before 7 p.m. Monday at the 125th Street and Lexington Avenue subway station in East Harlem. NYPD says officers arrived to find a man in his 40s had been shoved onto the 4 train tracks. An oncoming train was not able to stop and he was pronounced dead at the scene. Carlton McPherson, 24, was arrested and charged with murder. Officials say he has multiple prior arrests. The NYPD has responded to past incidents where McPherson was acting erratically and authorities say he has a history of mental illness. He was released without bail after he was arraigned on an October 31 arrest for assault, menacing, harassment and other charges in Brooklyn. He failed to show up for court twice and a judge issued a warrant for his arrest. He was picked up and brought to court on Jan. 11, where bail was set for $2,000 -- which he posted. His next court date was set for July.*** https://abc7ny.com/subway-push-death-carlton-mcpherson-manhattan-shove/14572262/
***
Add don't creep or perv on women to his conditions of probation/parole.
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Adam Yindana is a Rhode Island registered sex offender.
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He's neither a spy nor an American, leave him alone
WikiLeaks founder Julian Assange will find out on Tuesday whether the High Court in London will allow him to appeal against his extradition from Britain to the United States or if his British legal challenges have finally come to an end. U.S. prosecutors are seeking to put Assange, 52, on trial on 18 counts relating to WikiLeaks' high-profile release of vast troves of confidential U.S. military records and diplomatic cables, with all bar one coming under the Espionage Act.*** https://www.newsmax.com/newsfront/assange/2024/03/25/id/1158597
Now, if you wanted to fry Bradley Manning or Reality Winner, I'll turn up the heat. They were born American. They swore an oath to defend this country.
***
Wed
Felony assaults on New York City subways jumped 53 percent during 2023 compared to the same type of assaults during 2019, according to statistics reported by the New York Post.
The Post noted there were 570 felony assaults reported in 2023, which is roughly 200 more than were reported in 2019. Moreover, felony assaults resulting in “substantial injury” made up 25 percent of major crimes on NYC trains during 2023 whereas the same type of assaults with the same type of injuries constituted only 15 percent of major crimes on trains in 2019. The Post pointed out that police and transit workers are not immune to the violence either: “100 cops and 60 transit employees were assaulted in the system in 2023; both figures were up sharply from 2019 when 71 cops and 32 transit employees were assaulted.”*** https://www.breitbart.com/2nd-amendment/2024/03/25/felony-assaults-subway-jump-53-percent-gun-controlled-democrat-run-nyc/
***
J. Breyer - you know the retired bald man - outed himself
***
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***The suspected shooter, 34-year-old Guy Rivera, has at least four prior arrests, according to the source.  The driver of the vehicle, 41-year-old Lindy Jones, has at least 12 prior arrests. His last arrest was in April 2023 for a loaded firearm, the NYPD source told Fox News.  "Less than a year gun charge," New York City Mayor Eric Adams said at a press conference. "He's back on the streets. April 2023. This is what you call not a crime problem, a recidivist problem. Same bad people doing bad things to good people. Less than a year, he's back on the streets with another gun."*** https://www.foxnews.com/us/suspects-shooting-death-nypd-officer-jonathan-diller-identified-lengthy-records
***
Babylon Bee -
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thurs
Salutary development in Florida
Florida Bill 621 makes it easier to remove squatters.
Master of Disaster's opinion is that a lot of the squatter problem is either bad local law or lazy law enforcement. If a citizen goes to the police with a complaint that Suspect X has committed burglary and forgery at 123 Main Street, the least the police can do is investigate it. If Suspect X shows up with a forged lease or deed, that's probable cause to arrest X.
***
Tale of a Tampon No one is ever going to let me guest-host this digest again, so I might as well tell you about some Vanderbilt girl’s tampon. This all started yesterday morning, when a wave of undergrad students rushed Kirkland Hall, where Vanderbilt’s chancellor’s office is located. Thus began their sit-in—a response to the college administration shutting down a student government vote over whether the school should divest funds from Israel.  The protesters remained there for nearly 21.5 hours*** Here’s what went down: during one of those 21.5 hours of the protest, probably at an ungodly one, a few of the student demonstrators decided to call 911. That’s because their friend, who was part of the sit-in, had to change her tampon. Specifically, she was “being denied the right to change her tampon that has been in for multiple hours, which leads to an increased risk of toxic shock syndrome.” The frankly Zen-like 911 operator, who deserves a raise, was understandably confused. “Ma’am, do you have an emergency?”  Um, yes?! The student on the phone requests urgent medical assistance.  “You’re telling me your friend in Kirkland needs an ambulance. Is that what you’re telling me?” *** https://www.thefp.com/p/tampongate-babies-in-bars-plus
Bear in mind, this was written by Suzy Weiss.
***
***
At least two Jan. 6 defendants got out from behind bars because the Supreme Court is reviewing the legitimacy of charging them with obstructing an official proceeding, which is one of the Justice Department’s favorite charges for people who breached the U.S. Capitol. The legal challenge brought by Jan. 6 defendant Joseph Fischer accuses prosecutors of using an overly broad interpretation of “obstructing an official proceeding” to launch hundreds of cases stemming from the Capitol riot, including against former President Donald Trump. The case will be argued before the high court in the spring with a decision expected by the end of June. But until then, at least two defendants successfully petitioned for early release pending the decision.*** https://www.washingtontimes.com/news/2024/jan/29/jan-6-convicts-released-after-supreme-court-takes-/
case is Fischer v. United States, No. 23-5572  docket at https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/23-5572.html
***
You know you have a wormy turd of a mayor when...
In the wake of Laken Riley’s murder in Georgia, Athens-Clarke County Mayor Kelly Girtz condescendingly dismissed suggestions from the public and media that his county’s refusal to cooperate with U.S. Immigration and Customs Enforcement (ICE) may have been a contributing factor. He also insisted that Athens-Clarke County is not a sanctuary jurisdiction, stating, “The term ‘sanctuary city’ doesn’t have a sole legal or procedural definition. That term means different things to different people, depending on the context of the discussion.” Mayor Girtz’s response ​*** notes that Williams’ predecessor refused to honor ICE detainers and praises non-cooperation policies, saying, “I support the detainer policy as one that is both humane and following the well-documented propensity of immigrants in the U.S. to be less criminally inclined than the native-born population.” ​*** Mayor Girtz says that his “takeaway” from Laken Riley’s murder is, “in the immediate wake of a tragedy to focus on the victim…avoid political messaging…focus on comfort and unity.” To Kelly Girtz, the savage killing of a college student is a public relations problem. And it’s a public relations problem that one should manage with by sowing “comfort and unity” – not by arresting and deporting foreign law breakers.***  https://www.breitbart.com/politics/2024/03/26/exclusive-obrien-emails-reveal-athens-mayor-saw-laken-rileys-murder-as-a-pr-problem/
***
Ok sentence
25 years + $11.2B forfeiture - this is after J. Kaplan found SBF committed perjury at trial and witness tampering.
Kaplan agreed with prosecutors' claim that Bankman-Fried "wanted to be a hugely, hugely politically influential person in this country," and that that propelled his financial crimes.
Why would you not max him out?
***
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***The victim told police that she was using the women's bathroom at work when she noticed someone reach around the stall divider all the way to the back wall. The woman believed the person in the next stall, whom she identified as Pershall, took a picture.*** During a pretrial hearing on March 25, Pershall pleaded guilty and was sentenced to 87 days in jail*** six years of state-supervised probation and will have to register as a sex offender. *** https://www.5newsonline.com/article/news/crime/woman-guilty-voyeurism-coworker-jb-hunt-office-87-days-jail/527-34ff53b4-f32b-4b0e-a294-fd8eaec7816f
***
Well-known music activist, entrepreneur charged with child porn possession
A man active in several organizations related to Princeton University and its alumni has been charged with possessing child pornography, the Mercer County Prosecutor’s Office confirmed. Roy ‘Trey’ Farmer, 53, faces one count of possession of child sexual abuse material, a third-degree felony. Investigators arrested him Friday at a condo he owns Princeton, across from the university’s main entrance. Farmer was in the Mercer County jail Monday, awaiting a detention hearing court Wednesday in Superior Court of Mercer County in Trenton. A prosecutor’s office spokesperson said the office will argue he be detained pending trial.*** https://www.msn.com/en-us/news/crime/well-known-music-activist-entrepreneur-charged-with-child-porn-possession/ar-BB1kA4yA
***
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masterofd1saster · 1 month
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CJ court watch United States v. Texas, No. 23A814 is not what you may have heard.
The Court did not approve of Texas arresting anyone. The Court did not approve of any action by the trial court or by the court of appeals in this case.
What happened was that Texas Senate Bill 4 authorized Texas law enforcement to arrest illegal aliens. Various parties sued, and the trial court prohibited enforcement of SB4. Texas appealed to the 5th Circuit Court of Appeals which had stayed the orders of the trial court. Texas was thus able to enforce SB4.
The U.S. and others then appealed to the Supreme Court and asked that the 5th Cir. order itself be stayed. On 4mar24, J. Alito issued an administrative stay of the 5th Cir. order, so Texas was back to square 1 - it couldn't enforce SB4.
On 19mar24, the Supreme Court looked at all the temporary, administrative stays and told the 5th Cir. to go back and consider in more detail whether its order should be more formally stayed pending appeal to the Supreme Court. So Texas can once more enforce SB4 until there is some other court order.
The vote was 5 - 4. The opinions are at https://www.supremecourt.gov/opinions/23pdf/23a814_febh.pdf. The docket is at https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/23a814.html.
None of this is permanent. None of this sets any precedent of which I'm aware.
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masterofd1saster · 1 month
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CJ court watch - White House coercing/partnering w/ social media to censor speech
SCt heard argument in Murthy, Surgeon Gen. v. Missouri, 23-411, yesterday, 18mar24. The transcript is linked.
There was overwhelming evidence that the White House coerced social media to censor the speech of private citizens. J. Alito asked a good question -
And so I thought: You know, the only reason why this is taking place is because the federal government has got Section 230 and antitrust in its pocket and it's -- to mix my metaphors, and it's got these big clubs available -- available to it, and so it's treating Facebook and these other platforms like they're subordinates. Would you do that to The -- to The New York Times or The Wall Street Journal or the Associated Press or any other big newspaper or wire service?
There was no good answer. Even the most leftist judges were less than thrilled by the White House's actions.
The docket is linked.
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Babylon Bee's view
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JUSTICE JACKSON: So my biggest concern is that your view has the First Amendment hamstringing the government in significant ways in the most important time periods.  I mean, what would -- what would you have the government do? I've heard you say a couple times that the government can post its own speech, but in my hypothetical, you know, kids, this is not safe, don't do it, is not going to get it done. ***
Hasn't she noticed that masks and social distancing were pulled straight out of Fauci's ear?  What about a vaccine the gov't swore up and down prevented COVID and prevented its spread?
Your crazy Uncle Bob did a better job protecting the citizens.
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