Jeffrey Epstein may be in more trouble than we thought

It is a sad commentary on the state of the justice system and the presidency in the US today that immediately after the news broke that on Saturday the FBI had arrested convicted sex offender Jeffrey Epstein at the airport his arrival back in the US on his private plane, the question that was widely asked was whether he would again use his connections to get off with a slap on the wrist, like he did the first time. After all, Alexander Acosta who was the US attorney who arranged that sweetheart deal is now secretary of labor. Donald Trump has spoken warmly of his friend Epstein and of his fondness for especially young women. So the question was whether Attorney General William Barr who is the ultimate boss the US Attorney’s office in the Southern District of New York (SDNY) that brought the indictments would quash the investigation or Trump would pardon him. You can read a live blog of his arraignment that was held today.
[Read more…]

Reckoning for Jeffrey Epstein at last?

The case of Jeffrey Epstein is notorious because the serious charges against him of sex trafficking of underage girls was settled in a sweetheart plea deal kept secret from his accusers and that also placed many documents under seal. The US Attorney who arranged the deal Alexander Acosta is now Trump’s labor secretary. Many famous people were entertained by the wealthy Epstein. A motion by his victims to unseal the documents was approved by a judge last week. (You can see my past posts on the Epstein case here.)
[Read more…]

There are always grey areas in the law

A driver of a minivan in Nevada was pulled over by police because he was alone in a lane reserved for high-occupancy vehicles that require at least one extra person. His justification? He worked for a funeral parlor and he had a corpse in the cargo area in the back. While the police officer let him off with a warning, it appears that it is not at all clear if a dead body meets the requirement.

Nevada’s HOV rules do not clarify whether an occupant must be breathing and leans on federal law, which is not much clearer.

An official with the Federal Highway Administration said it is up to individual states to define what an occupant is – and referred the USA Today Network to the Nevada Department of Transportation for additional information.

The undercover hearse driver pulled over in Las Vegas Monday assumed the body in the back counted toward the two or more occupant requirement for the lane – but Nevada Highway Patrol says passengers must be alive and breathing in order to be counted.

“When you talk about high occupancy vehicle lanes, you’re talking about seats – so a person would need to occupy a seat to qualify,” said Nevada Highway Patrol Trooper Jason Buratczuk. “This person was obviously a decedent and in the cargo area of the car, so they would not qualify for the HOV lane.”

There seems to be a general rule that you can never make a law that covers all contingencies. New cases will always arise that fall in the grey areas.

Via David Pescovitz.)

Words did not do justice to Fabian’s performance

In an earlier post, I described how Department of Justice lawyer Sarah Fabian tried to defend the awful conditions that detained migrant children were being kept in, being denied soap, toothpaste, toothbrushes, showers, beds, and cloth blankets tin very cold rooms with the lights permanently on, to an incredulous panel of three justice in the Ninth Circuit Court of Appeals. There is now video of her exchanges with the justices and it is well worth watching as she tries to escape from the close questioning of the justices as to what children in captivity are entitled to.
[Read more…]

This is where you end up when defending Trump administration policies

If you work in the Donald Trump administration, you will find yourself steadily violating any ethical principles you might have started with until at some point, you end up not having even a shred of decency. That point was reached on Tuesday for Sarah Fabian, the justice department lawyer arguing before a US Appeals Court that the appalling conditions under which detained migrant children taken into custody at the US-Mexico border were being treated, such as keeping them in freezing cages where they had to sleep on the floor, were justified.

Fabian claimed that these children are not entitled to what most people would consider the most basic sanitary necessities. This was in a court case where the administration was sued that they were not complying with the requirements laid down under the earlier Flores guidelines for how children should be treated. (Incidentally, cases are always referred to by the names of the party or parties involved though Donald Trump, genius that he is, thought that Flores was the name of the judge who made the ruling and because it was a Hispanic name, concluded that it meant he was a biased judge.)
[Read more…]

Supreme Court rules that the Bladensburg cross can remain

The large cross that was on public land in a busy intersection in Bladensburg, Maryland and is maintained at taxpayer expense has been the target of litigation for some time. Its continued presence had been challenged by the American Humanist Association, the Freedom From Religion Foundation, and the Center for Inquiry. A US District Court judge had initially ruled that the cross did not violate the Establishment Clause but the First Circuit Court of Appeals in a 2-1 ruling overturned that ruling and said it had to come down.

But today the US Supreme Court reversed that decision yet again so the cross can stay. You can read the 7-2 majority opinion by justice Samuel Alito and the dissent by Justices Ruth Bader Ginsburg and Sonia Sotomayor here.
[Read more…]

So many things wrong here

Layleen Polanco is a 27-year-old Afro-Latina transgender woman who was found dead last Friday in the notorious Rikers Island jail in New York. The cause of her death has not been identified and released but what is horrifying is that she was in prison because she could not pay the $500 bail for her misdemeanor charge. What is even worse is that she was in solitary confinement at the time, a form of punishment that creates such severe psychological trauma that it has been deemed to be torture.
[Read more…]

Local governments never seem to learn that flag burning is protected speech

It has long been established by the US Supreme Court that burning of the American flag is constitutionally protected speech. And yet, that act seems to arouse such anger that the people who do so are often arrested and charged. Then when they sue the city, the city is forced to pay them damages. In Cleveland, this pattern was repeated when police arrested Joey Johnson for burning the flag during protests at the 2016 Republican convention. He sued and today the city has agreed to settle the suit and pay him $225,000.

As is often the case, the authorities cook up some reason other than flag burning to justify their arrest.

A rush of people descended on a circle formed by members of the Revolutionary Communist Party after Johnson, a member, set the flag on fire.

An officer doused the blaze with a small fire extinguisher.

Police Chief Calvin Williams said at the time that officers intervened because Johnson lit himself on fire. Johnson and his attorneys, however, said that statement was false, and posted video footage they said contradict the city’s statement.

[Read more…]

Jury refuses to convict man who gave food and water to migrants

I wrote recently about how the US Customs and Border Protection agency had been destroying water stations left by humanitarian groups in the desert to prevent migrants dying from dehydration. After one of those groups No More Deaths had publicized these horrendous actions by the CBP, the US government arrested one of its volunteers Scott Warren because he had provided migrants with water, food, clean clothes, and beds in a barn. He faced up to 20 years in prison.
[Read more…]

The other scandal of the Central Park Five

The case of the Central Park Five has become famous as a miscarriage of justice. After a 28-year old white female jogger was brutally raped in Central Park in 1989, so badly that she was traumatized and could not even remember what happened, five black youths, four of them under 16 and one was just 16, were arrested, tried, and convicted for the crime, largely based on confessions they made during interrogations without their parents or lawyers being present.
[Read more…]