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5 former officers charged with federal civil rights violations
Law & Court News |
2023/09/16 10:06
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Five former Memphis police officers were charged Tuesday with federal civil rights violations in the beating death of Tyre Nichols as they continue to fight second-degree murder charges in state courts arising from the killing.
Tadarrius Bean, Desmond Mills, Demetrius Haley, Emmitt Martin and Justin Smith were indicted in U.S. District Court in Memphis. The four-count indictment charges them with deprivation of rights under the color of law through excessive force and failure to intervene, and through deliberate indifference; conspiracy to witness tampering; and obstruction of justice through witness tampering.
The charges come nine months after the violent beating during a Jan. 7 traffic stop near Nichols’ Memphis home, in which they punched, kicked and slugged the 29-year-old with a baton as he yelled for his mother. Nichols died at a hospital three days later. The five former officers, all Black like Nichols, have pleaded not guilty to state charges of second-degree murder and other alleged offenses in the case.
“We all heard Mr. Nichols cry out for his mother and say ‘I’m just trying to go home,’” Attorney General Merrick Garland said in a video statement after the indictment. “Tyre Nichols should be alive today.”
U.S. Attorney Kevin Ritz in West Tennessee said at an afternoon news briefing that the state and federal cases are on separate tracks. Ritz declined to predict how quickly they would proceed.
Kristen Clarke, who leads the U.S. Department of Justice’s civil rights division, said at the appearance that the five former officers used excessive force, failed to advise medical personnel about Nichols’ injuries and conspired to cover up their misconduct.
“In our country, no one is above the law,” she said, adding she met earlier Tuesday with Nichols’ mother and stepfather. Caught on police video, the Nichols beating was one in a string of violent encounters between police and Black people that sparked protests and renewed debate about police brutality and police reform in the U.S.
Nichols’ mother, RowVaughn Wells, said she was surprised that the federal charges “happened so quickly.” The investigation that led to the indictment was announced in the weeks after the Jan. 7 beating death. |
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Polish director demands apology from justice minister for comparing her film
Law & Court News |
2023/09/15 11:37
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Film director Agnieszka Holland demanded an apology from Poland’s justice minister after he compared her latest film, which explores the migration crisis at the Poland-Belarus border, to Nazi propaganda.
Holland said Wednesday that she planned to bring defamation charges against Justice Minister Zbigniew Ziobro unless she receives an apology within seven days. She also demanded that he make a charitable donation of 50,000 Polish zlotys ($11,600) to an association that helps Holocaust survivors.
Holland’s feature film, “Green Border,” explores a migration crisis that has played out along Poland’s border with Belarus over the past two years. It takes a sympathetic approach toward the migrants from the Middle East and Africa who got caught up as pawns in a geopolitical standoff.
It also looks critically at the way Poland’s security services pushed back migrants who were lured to the border by Belarus, an ally of Russia.
Ziobro slammed the film earlier this week, saying: “In the Third Reich, the Germans produced propaganda films showing Poles as bandits and murderers. Today, they have Agnieszka Holland for that.”
He made his comment on the social platform X, formerly Twitter, on Monday, a day before the film had its world premiere at the Venice Film Festival.
Holland noted in a statement that Ziobro, who serves as prosecutor general as well as justice minster, commented on her film without having seen it and that she believed his words amounted to defamation, calling them “despicable.”
“I cannot remain indifferent to such an open and brutal attack by a person who holds the very important constitutional position of minister of justice and prosecutor general in Poland,” she wrote in a statement from Venice dated Wednesday but published in Poland on Thursday. |
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McCarthy juggles a government shutdown and a Biden impeachment inquiry
Top Court Watch |
2023/09/12 09:53
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House Speaker Kevin McCarthy is a man who stays in motion — enthusiastically greeting tourists at the Capitol, dashing overseas last week to the G7 summit of industrial world leaders, and raising funds back home to elect fellow Republicans to the House majority.
But beneath the whirlwind of activity is a stubborn standstill, an imbalance of power between the far-right Republicans who hoisted McCarthy to the speaker’s role yet threaten his own ability to lead the House.
It’s a political standoff that will be tested anew as the House returns this week from a long summer recess and McCarthy faces a collision course of difficult challenges — seeking to avoid a government shutdown, support Ukraine in the war and launch an impeachment inquiry into President Joe Biden.
“They’ve got some really heavy lifting ahead,” said the No. 2 Republican in the Senate, John Thune, of South Dakota.
McCarthy, of California, is going to “have his hands full trying to figure out how to navigate and execute,” he said.
Congress has been here before, as has McCarthy in his nearly two decades in office, but the stakes are ever higher, with Republicans powered by an increasingly hard-right faction that is refusing to allow business as usual in Washington.
With former President Donald Trump’s backing, McCarthy’s right-flank pushed him into the speaker’s office at the start of the year only after he agreed to a long list of conservative demands — including the ability to call a quick vote to “vacate the chair” and remove him from office.
That threat of an abrupt ouster hovers over McCarthy’s every move, especially now.
To start, Congress faces a deadline to fund the government by the end of the month, or risk a potentially devastating federal shutdown. There are just 11 working days for Congress to act once the House resumes Tuesday.
McCarthy and his team are pitching lawmakers on a stopgap funding bill, through Nov. 1, to keep the government running under a 30-day continuing resolution, or CR, according to a leadership aide granted anonymity to discuss the private talks.
But as McCarthy convenes lawmakers for a private huddle, even the temporary funding is expected to run into opposition from his right flank.
Facing a backlash from conservatives who want to slash government funding, McCarthy may be able to ease the way by turning to another hard-right priority, launching a Biden impeachment inquiry over the business dealings of the president’s son, Hunter Biden. |
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Kavanaugh predicts ‘concrete steps soon’ to address ethics concerns
Legal Blog News |
2023/09/08 11:19
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Supreme Court Justice Brett Kavanaugh told a judicial conference on Thursday he hopes there will be “concrete steps soon” to address recent ethics concerns surrounding the court, but he stopped short of addressing calls for justices to institute an official code of conduct.
“We can increase confidence. We’re working on that,” Kavanaugh told the conference attended by judges, attorneys and other court personnel in Ohio. He said all nine justices recognize that public confidence in the court is important, particularly now.
Public trust in the court is at a 50-year low following a series of divisive rulings, including the overturning of Roe v. Wade federal abortion protections last year, and published reports about the justices’ undisclosed paid trips and other ethical concerns.
“There’s a storm around us in the political world and the world at large in America,” Kavanaugh said. “We, as judges and the legal system, need to try to be a little more, I think, of the calm in the storm.”
Justice Clarence Thomas acknowledged recently that he took three trips last year aboard a private plane owned by Republican megadonor Harlan Crow even as he rejected criticism over his failure to report trips in previous years.
Reporting by the investigative news site ProPublica also revealed that Justice Samuel Alito failed to disclose a private trip to Alaska he took in 2008 that was paid for by two wealthy Republican donors, one of whom repeatedly had interests before the court. |
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Judge strikes down a Texas law requiring age verification to view adult websites
Attorney Blog News |
2023/09/05 15:18
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A federal judge has struck down a Texas law requiring age verification and health warnings to view pornographic websites and blocked the state attorney general’s office from enforcing it.
In a ruling Thursday, U.S. District Judge David Ezra agreed with claims that House Bill 1181, which was signed into law by Texas Gov. Greg Abbott in June, violates free speech rights and is overbroad and vague.
The state attorney general’s office, which is defending the law, immediately filed notice of appeal to the Fifth Circuit U.S. Court of Appeals in New Orleans.
The lawsuit was filed Aug. 4 by the Free Speech Coalition, a trade association for the adult entertainment industry and a person identified as Jane Doe and described as an adult entertainer on various adult sites, including Pornhub.
Judge Ezra also said the law, which was to take effect Friday, raises privacy concerns because a permissible age verification is using a traceable government-issued identification and the government has access to and is not required to delete the data.
“People will be particularly concerned about accessing controversial speech when the state government can log and track that access,” Ezra wrote. “By verifying information through government identification, the law will allow the government to peer into the most intimate and personal aspects of people’s lives.”
Ezra said Texas has a legitimate goal of protecting children from online sexual material, but noted other measures, including blocking and filtering software, exist.
“These methods are more effective and less restrictive in terms of protecting minors from adult content,” Ezra wrote. The judge also found the law unconstitutionally compels speech by requiring adult sites to post health warnings they dispute — that pornography is addictive, impairs mental development and increases the demand for prostitution, child exploitation and child sexual abuse images.
“The disclosures state scientific findings as a matter of fact, when in reality, they range from heavily contested to unsupported by the evidence,” Ezra wrote.
The Texas law is one of several similar age verification laws passed in other states, including Arkansas, Mississippi, Utah and Louisiana. |
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