Monthly Archives: August 2022

New Zealand Foreign Minister Believes CCP Will ‘Abide’ by Promises for Extradition of Resident to China – The Epoch Times

Posted: August 30, 2022 at 11:02 pm

New Zealand Foreign Minister Nanaia Mahuta is confident that the Chinese Communist Party (CCP) will not torture or give an unfair trial to the New Zealand (NZ) permanent resident facing extradition to China.

According to documents obtained by the Associated Press, Mahuta believes the CCP will abide by its promises due to the otherwise negative publicity it would bring to the regime.

The countrys Supreme Court ruled in April that Kyung Yup Kim, suspected of murdering a young woman in Shanghai in 2009, could be extradited to China in a landmark decision.

The decision was made after the CCP agreed to give assurances that Kim would be held in Shanghai both before and after the trial, if convicted.

It also gave the assurance that during the investigation phase, visits from NZ diplomatic and consular representatives would be permitted at least once every 48 hours to monitor Kim and lessen the danger of being subjected to an act of torture.

Kims lawyers unsuccessfully argued that consular staff would not have the ability to ensure the safety of Kim.

In a letter to Kris Faafoi, the former minister of justice, Mahuta said she had a clear view that China will uphold the assurances despite her concerns surrounding the human rights violations in the Xinjiang region, Hong Kongs regressive national security law, and the three-year detention of Michael Spavor and Michael Kovrig from Canada.

This will be a test case for Chinaone the international community is watching closely, she wrote. This means that Chinas incentives to abide by the assurances are strong.

In a following letter, she wrote that the case was not a political case, as Kim had no connection to Xinjiang or Hong Kong, meaning he was not a risk of being used as leverage in arbitrary detention.

Mahuta concluded that whether New Zealand could rely on the given assurances was a matter for the Ministry of Justice.

Kims lawyer, Tony Ellis, took the case to the United Nations Human Rights Committee in June to overturn the extradition after Faafoi deemed the extradition remained appropriate despite Kims health conditions.

Faafoi wrote in a letter that Kims health conditions were not extraordinary or compelling enough to preclude extradition.

I consider that your health can be adequately managed in China, where you will have access to healthcare when detained, he said.

However, in April, politicians from across Australia, New Zealand, and Europe warned Faafoi that Beijings promises were not to be relied upon.

They noted the two Canadian Michaels and Australian-Chinese writer Yang Hengjun as examples.

It is noteworthy that diplomatic assurances have repeatedly failed to protect people from torture, the lettersaid. The widespread and well-documented practice of torture in custody throughout the [Chinese] system, together with the absence of any reliable way of monitoring treatment ought to preclude extradition to China.

The documents also revealed the cost of the extradition to New Zealand taxpayers due to the extra diplomat that would need to be posted to monitor Kims treatment if found guilty.

The estimated cost for posting an extra senior consular official for the first year was $377,000 (US$234,000).

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Rebecca Zhu is based in Sydney. She focuses on Australian and New Zealand national affairs. Got a tip? Contact her at rebecca.zhu@epochtimes.com.au.

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Consultation on proposed regulations to support the new Firearms Registry – New Zealand Police

Posted: at 11:02 pm

Overview

New Zealand Police is inviting public submissions on the proposed regulations to support the new legislation for the Firearms Registry.

The new Firearms Registry is being implemented to help maintain the balance of keeping our communities safe while still enabling the safe use of firearms in our communities for legitimate purposes.

Director Partnerships, Arms Safety and Control, Superintendent Mike McIlraith provides a summary of the proposed regulations to support the Firearms Registry and how to engage with the consultation.

Mori Responsiveness Manager, Arms Safety and Control, Inspector Whiti Timutimu provides a summary of the proposed regulations to support the Firearms Registry in te reo Mori.

We are consulting on proposals for regulations to support the changes coming into force for the Firearms Registry.

We want to ensure the regulations are fit for purpose, and to give the public and stakeholders, in particular firearms licence holders and dealers, the opportunity to understand and shape the proposed regulations.

Consultation opens on 31 August and closes on 12 October 2022.

The consultation does not cover establishment of the Registry, access to the Registry by other Agencies, or offences related to the Registry, all of which are already set out in the Act.

There are three ways to send in your submission:

Firearms licence holders have a period of five years from 24 June 2023 to 24 June 2028 to provide information to Police on the specified arms items they possess. It is proposed that there are certain occurrences which will require licence holders to update the Firearms Registry within 14 days, including whenever they:

If none of these actions occur, people can still log on and enter their information at any time during the five years from 24 June 2023 to 24 June 2028. Self-registration enables firearms users to plan for and undertake the registration process in their own time.

After these five years, there will be a short grace period (to be prescribed in the regulations) during which licence holders who havent already provided Police with information on the regulated arms items they possess must provide that information.

This will build up a comprehensive Firearms Registry over time and enable licence holders to be assured that there is accurate information about themselves and their arms items in the Firearms Registry.

The scope of the consultation includes:

New regulations are required to:

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Retirees struggling to get by living off New Zealand super – 1News

Posted: at 11:02 pm

Paying for housing is becoming tougher and tougher for people aged 65 and over, new research from The Retirement Commission has found.

Treasury figures show for 40% of people aged 65 and over, New Zealand super is their only source of income.

For superannuitants who are still renting, they are likely to be spending 40% or more of their income on housing.

It's even worse for those who have mortgages. Eighty per cent spend more than 40% on housing costs and more than half spend over 80% on paying for housing.

It was not always like this. In 1986, 87% of those aged over 60 were mortgage-free and living the dream retirement lifestyle.

Fast forward a few decades and life has changed, with even those just about to retire worried about their future.

Throwing back to 1986, just 13% were renting, compared to 20% now.

This study's author, Dr Suzy Morrissey, believes there will be a 100% increase in those renting by 2048.

"We've got up to 600,000 people over 65 renting by 2048, and obviously housing costs and renting have increased over recent years," Morrissey said.

Grey Power says studies they've done show the same level of hardship.

"Unfortunately the most common ones that we are hearing about is cutting back on heating and cutting back on food and those are things obviously that are absolutely essential to maintaining good health for everybody, not just those in old age," vice president Pete Matchem told 1News.

There are calls for the pension to be increased and for other help too.

"Alternatives might be to look at the accommodation supplement," Morrissey said.

"The challenge there for older people is there's quite a low cash asset threshold for that and that threshold hasn't been looked at since 1993 when the accommodation supplement came in."

No matter their age, people are being encouraged to think about saving for their retirement.

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Abbe Anderson appointed as National Commissioner – New Zealand Doctor Online

Posted: at 11:02 pm

Te Whatu Ora Health New Zealand has today announced the appointment of Abbe Anderson as National Commissioner.

Announcing this permanent appointment, Te Whatu Ora Chief Executive Fepuleai Margie Apa said Abbe Anderson brings diverse experience across hospital and primary care, including two decades leading complex system reforms.

Abbe comes to us from Brisbane where she worked with the Institute for Urban Indigenous Health, supporting the development of community-led commissioning frameworks for Aboriginal and Torres Strait Islander peoples. She is also a director on the boards of Beyond Blue, Australia's most recognised mental health charity, and the Sunshine Coast Hospital & Health Service, serving a population of around 460,000 people.

While Chief Executive of the Brisbane North Primary Health Network (PHN), Abbe successfully led the organisation through two significant government reforms to transition from a Division of General Practice to a Medicare Local and then to a PHN that commissions primary care services for a population of more than one million people.

Abbe is passionate about equity and I am delighted to have her in this role.

In her new position, Abbe will lead the strategic development and management of a commissioning system, delivering community and primary care and integrating with hospital and specialist services to meet the priorities of Te Pae Tata New Zealand Health Plan. Concurrently, Abbe will work in close partnership with Te Aka Whai Ora Mori Health Authority in joint ventures or co-commissioning to improve access, and outcomes, for Mori.

Margie Apa also acknowledged Keriana Brooking for her service as the Interim National Commissioner.

Keriana has worked hard to set up the new national commissioning function and ensure Te Whatu Ora is well placed for the new permanent appointee.

Abbe Anderson takes up her new role on 12 September.

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Stephen Jacobi on world trade: ‘It’s messy out there’ – New Zealand Herald

Posted: at 11:02 pm

New Zealand exporters are faring quite well despite turbulence in world trade. Photo / File

Trade expert Stephen Jacobi says New Zealand exporters - aided by strong demand from China - have held up well despite a "messy" world trade environment.

Jacobi, speaking at a presentation put on by the newly listed trade software specialist, Trade Window, gave a rundown on the current state of play with global trade.

"What can I say it's messy out there," Jacobi, executive director of the NZ International Business Forum, said.

"Exporters are today facing unprecedented challenges in getting their products to market and into the hands of discerning consumers who want them.

"The global economy is in a funk.

"The pandemic is by no means over, there is war in Europe - who would have thought we would be using that phrase in the 21st century - global markets are disrupted by supply chain bottlenecks, inflation is taking its toll on the global economy and people around the world are hungry.

"We have [Russian President Vladimir] Putin's abominable invasion of Ukraine to blame for this even before the global economy has recovered from the pandemic, the war has ruined any chances of an early recovery."

In July the International Monetary Fund (IMF) released what it described as a "gloomy and uncertain forecast".

The IMF said world growth was expected to slow from an estimated 6.1 per cent last year to 3.2 per cent in 2022 and 2.9 per cent in 2023.

Last October, the IMF was forecasting growth for 2022 of 4.9 per cent.

Global trade had dropped by 5 per cent in 2020 but had grown by 9.8 per cent last year.

Now the World Trade Organisation was forecasting growth of 3 per cent because of the war.

"Against this backdrop, New Zealand's exports have held up remarkably well, at least in terms of value. Exports were up 6 per cent last year but trade volumes have been slipping.

"Both exports and imports remain hampered by bottlenecks at our ports and an exponential rise in shipping rates which makes getting products to and from market exceptionally difficult and expensive."

He said thankfully, exports to China were up 21 per cent by value last year and still growing despite the economic slowdown and continuing lockdowns in that country.

"That growth, and China's increasing assertiveness on the world stage, is causing some, especially in Government, to question whether we are over-dependent on China and should seek to diversify.

"That's a fair enough question to ask, but it probably has as much if not more to do with geopolitics than economics.

"Clearly in a highly contested and unstable global environment the political risks of doing business around the world are growing and exporters need to keep a watchful eye on this and look especially to consolidate their relationships in key markets."

Jacobi said trade diversification was "a lot easier to talk about than do".

Much would depend on the availability of alternative markets, with market access a particular problem for New Zealand.

The recent free trade agreement with the UK was a case in point.

"It is undoubtedly one of the best we have concluded, giving significant new market access for all goods and services of export interest," Jacobi said.

The recently concluded NZ-EU free trade agreement (FTA) gave new access for a range of products but not at all for dairy and meat, New Zealand's two biggest export sectors.

Jacobi said neither FTA would replace China "it is simply a question of market demand".

"FTAs remain important, but we need to look at other instruments to fuel our export drive."

Jacobi said digital technology was transforming economies and had the capacity to speed the movement of goods through supply chains, reduce costs and promote the development of a new "weight-less" economy through new digitally delivered services.

New Zealand and Australia were investing in arrangements to provide a new architecture for digital trade New Zealand through the Digital Economy Partnership Agreement (Depa), which was attracting new interest around the region.

Software tech startup Trade Window was listed on the NZX last November at a 25 per cent premium, giving it a market capitalisation of $99m.

On debut, the company, which provides digital solutions for exporters, importers, freight forwarders and customs brokers, increased its share price trade to $1.15, up from its 92c reference price.

Trade Window traded on the NZX today at 68c.

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Govt to review dairy export quota system for first time in 15 years – New Zealand Herald

Posted: at 11:02 pm

Damien O'Connor said minor players and those keen to grow the volume or value of exports need opportunities. Photo / Mark Mitchell

New Zealand's dairy export quota allocation system is to be reviewed for the first time since it was set up 15 years ago, with the aim of maximising value from new FTAs and giving new, innovative players the chance to play in the big league.

Agriculture Minister Damien O'Connor told the Herald the review would get underway with industry consultation late this year.

"It's timely to look at the whole dairy industry. DIRA (Dairy Industry Restructure Act) is being amended to make adjustment for Fonterra (capital restructure), we have negotiated free trade agreements, we have more exporters and independent dairy processors and we probably have reached peak milk.

"So with the volume of raw material we have, we have to be assured we are assisting those who want to maximise the value of it."

Dairy export revenue hit a record $22.1 billion in the year to June 2022.

New dairy quotas would become available under recently negotiated FTAs with the UK and the European Union and would present new opportunities for exporters, he said.

Dairy export quota allocations are set each year by the Ministry for Primary Industries and allocated to eligible processors proportional to the milk they collect from farmers.

To be eligible, processors must collect at least 0.1 per of New Zealand's total milk solids.

New Zealand produced 1.91 billion kilograms of milksolids or 21 billion litres of milk in 2021.

Fonterra, New Zealand's biggest business and the world's largest dairy exporter, could be expected to have the lion's share of quota allocation given the volume it processed.

"But for minor players and those who might be looking to grow either the volume of their exports or the value, we've got to create some opportunities," O'Connor said.

MPI can't offer a volume figure for quota allocation because it said there was a diversity of quotas which covered different products and each had different maximum volumes.

New quotas with additional volumes and products would be added as a result of the successful negotiation of FTAs with the UK and EU.

Utilisation of quotas varied considerably by year and by destination, reflecting changing market conditions in both the destination countries and other countries where New Zealand processors export to, the ministry said.

New Zealand and the UK are completing processes for the UK-NZ FTA to be ratified. The dairy quotas under the new FTA would initially be allocated under the current quota allocation mechanism outlined in DIRA.

It's expected New Zealand and the EU could sign that new FTA in 2023, with entry into force possible in 2024.

"We'll be looking at the mechanisms for quota allocation to ensure the settings are right to promote innovation and to provide security as well for those who have invested in the markets and in products for particular markets where there are quotas," O'Connor said.

Any prospective legislation change would be initiated after consultation, which would not be rushed, O'Connor said.

"This is not urgent but it is necessary and so we are not going to be held to clear timelines ... we will make sure we consider it very carefully and objectively.

"It (the consultation) will be open, we are not going to close down opportunities to have input into this.

"These are valuable market opportunities through negotiated quota access and we have to protect the integrity of that access and quality of products that take up those opportunities."

The quota allocation system was established in 2007, initiated by then-agriculture minister Jim Anderton.

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Homosexual Muslim granted refugee status in New Zealand after fears home country will harm him – New Zealand Herald

Posted: at 11:02 pm

The man moved to New Zealand after researching safe countries for homosexuals to live in. Photo / 123rf

A homosexual Muslim who was told to "take medicine to cure his gayness" has been granted refugee status in New Zealand.

The decision from the Immigration and Protection Tribunal comes after his first application was declined because the tribunal didn't believe he faced a real chance of serious harm if he returned to India.

The Indian national, 32, first moved to New Zealand in 2018 after his ex-wife learnt about his sexuality and outed him to his family and community.

The man who has name suppression, claims to have no internal protection available to him in India. He fears discrimination and violence from members of his community and Muslim political parties.

He told the tribunal how New Zealand became an option for him after researching what countries were supportive of homosexuals.

"I looked on websites to try and find a country supportive of gay people. In 2018 I made an application for a New Zealand visitor visa. I was declined, so I submitted another, including false financial information and was approved."

He arrived in New Zealand and made a refugee and protection claim four weeks later.

His first application for refugee status through the Refugee Status Unit (RSU) was declined because the tribunal believed he didn't face serious harm if he was to return to India.

"In India, the man may encounter discrimination, harassment and hostility in some areas of life ... however, the chance of him suffering discrimination at a level of intensity and/or frequency to amount to serious harm does not reach the level of a real chance."

"It is not established that any exclusion would be a violation of the man's right to religion and a private life," the 2019 decision read.

After he appealed against the tribunal's decision, and had that declined too, he decided to accept his fate and telephoned his brother to tell him of his return to India.

But his brother told him "that if he was still gay," then he should not return home.

"My brother told me that members of Muslim political parties thought I had abused the laws of Islam, they told him they would find me through their networks and had circulated my photograph nationally ..."

"The reaction of the community would be dangerous, four people have been killed by political parties in the last two months," he said.

"My family and community cannot accept my homosexuality, it is against their Muslim identity, if I tried to come home I wouldn't be accepted."

The man gave evidence of an incident that occurred in late 2017 when he had returned to his hometown after his ex-wife had found him messaging and engaging in sexual relationships with men.

"I was apprehended by police in a park in my home city with another gay man, I was taken to the police station and was verbally abused."

"We were released after six hours, this is when I believe my local community learnt about my sexuality."

The man also told the tribunal that no one except the president of the Mosque knew about his sexuality in New Zealand.

"The president told me that I could still attend Mosque but that I shouldn't tell anyone of my sexuality."

"He told me to cancel my doctor because there was a medicine to cure gayness."

Senior lecturer in the Centre for Defence and Security Studies at Massey University Dr Negar Partow told the tribunal how a person of this culture is born Muslim and has no right to convert or to reject it.

"Gay Muslims must therefore ignore or hide one or the other pillars of their identity."

"One of the most educated states in India considers same-sex intercourse to be similar to their views of adultery, whereas a married person may be stoned to death if caught," she said in a report to the tribunal.

"He would have to live in an environment in which regular and severe discrimination becomes an integrated part of his everyday life."

Member of the Immigration and Protection Tribunal Annabel Clayton said that if the man was made to hide his sexuality, he would become deprived of a meaningful private life and it would cause serious harm.

"Wherever he might choose to live in India, he remains a homosexual man who belongs to a religion that is overwhelmingly opposed to same-sex relationships."

"To fit into the community he would have to hide his sexuality, he has a well-founded fear of being persecuted in India."

"This man is to be recognised as a refugee under the Refugee Convention," Clayton ruled.

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Remembering Diana, Princess of Wales’ only ever visit to New Zealand – Stuff

Posted: at 11:02 pm

Each anniversary of Diana, Princess of Wales death invites us to explore her lasting impact on culture, style, and Buckingham Palace itself but what role did the 1983 Royal Tour of New Zealand play in her legacy?

Arriving with Prince Charles on April 17, 1983, the newlyweds visit was supposed to be business as usual - but Dianas only visit to Aotearoa would shape the Royal family for a generation.

Stuff

20 April 1983: The iconic buzzy bee shot, on the ground of Government House, Auckland.

Arriving at the heart of Dianamania, the trip contained more drama (and iconic looks ) than The Crown could ever depict.

READ MORE:* BBC apologises to Princess Diana aide over interview deceit* Platinum Jubilee: How royal life has changed during the Queen's 70 years on the throne* History in the baking: Piece of Prince Charles, Diana's wedding cake sells for more than $3600

Upon her return to England, Diana would tell royal biographer Andrew Morton that she was a "different person".

But it wasnt the thousands (upon thousands) of handshakes or the bright camera bulbs that changed Diana it was the discovery of her star power, cementing the young royal as a force to be reckoned with within Buckingham Palace.

Already, the tour was no routine Windsor journey at this stage, the royal celebrity era had begun, and the tour was designed with military precision, every day packed with processions, polo matches, powhiri, and photocalls.

The trip was an opportunity to escape the family fishbowl, as 21-year-old Dianas first overseas royal tour, and the couples first official trip.

Together, they represented the new generation of royals, one who did things differently.

The trip was memorable as a bellwether event for the couples marriage and the royal family itself signalling Dianas sense of steel, as she broke with royal protocol and refused to leave 10-month-old William in England.

This would lead to arguably the most iconic shot from the tour; Diana, Charles, and William playing with a buzzy bee toy on the lawns of Government House, Auckland.

Joan Kirk/Supplied

Waiheke Island resident Joan Kirk gets one chance to snap Diana, Princess of Wales, on her visit to New Zealand in 1983. The princess is talking to a group of school children at Eden Park.

Newly married, it was a period of media obsession with Diana; Charles acknowledged in his speech at Government House that no one could face a phalanx of photographers and come up victorious like his wife.

Not only the most photogenic royal, but also the most charming, Dianas public appearances created what royal biographer and commentator Tina Brown famously dubbed a bubble bath of national goodwill.

The bath might have drained since then, but Dianas magnetism and lightning-in-a-bottle charisma worked: a cartoon in the Melbourne Herald showed a map of Australia imprinted with a giant heart with the caption, Princess Diana. A permanent imprint!

The tour was not without detractors: as the pair arrived at the Royal Gala, a dollop of red paint was thrown onto the windscreen of their Rolls-Royce, and protester Dun Mihaka mooned Lady Diana as they arrived at the Paraparaumu air field.

Biographers like Brown and Horton note that Dianas wide appeal was misunderstood by the narrow minds of Windsor.

In a sense, Diana couldnt win Buckingham Palace was upset with her having upstaged the Prince at every event, something Charles joked about in his New Zealand speeches.

With the media attention came a lot of jealousy. A great deal of complicated situations arose because of that, Diana said in a 1995 BBC interview.

John Selkirk/Stuff

Princess Diana and Prince Charles watch Prime Minister Rob Muldoon present them with a New Zealand crafted kingfisher.

At first glance, the optics of the Royal Tour seem straightforward and simple.

But Buckingham Palace had a single-minded mission behind the tour: they needed to persuade the increasingly Republican Australian government, led by Prime Minister Bob Hawke, that the Crown still held real appeal.

Weeks before the tour, Hawke had already scrapped God Save the Queen as the national anthem, replacing it with Advance Australia Fair.

It was an important mission, and the Palace was nervous: The Queen is terribly worried before the tour because of Dianas youth and apparent shyness, wrote the Press Associations royal correspondent, Grania Forbes, at the time.

But the case for the monarchy was delivered in no small part thanks to Dianas trademark magnetism; as New Zealand High Commissioner Sir Richard Stratton to the Foreign and Commonwealth Office wrote: Princess Dianas clothes and homely (in the best, English sense) gestures towards children and Prince Charless witty speeches won particular acclaim.

During the visit, Diana and Charles visited Auckland, Wellington, Whanganui, Masterton, Christchurch, and Gisborne, waving to oceans of fans and enjoying their swelling popularity.

Arriving in Auckland on April 17, 1983, and leaving NZ two weeks later, their time in the country included a gala ballet at St James, a performance of Funky Town at Eden Park, a visit to Prince Edward on his gap year to Whanganui Collegiate, and a banquet at Government House in Wellington, hosted by Prime Minister Robert Muldoon.

Barry Durrant/The Dominion

Sir David and Lady Beattie farewell the Prince (obscured) and Princess Diana at Auckland International Airport, New Zealand.

Indeed, the latter was a lightning rod occasion for the media with police officers drawn into a tug-of-war by anti-monarchy protests, Charles applauding the New Zealand governments support for the Falklands, and an unusually avuncular Muldoon escorting schoolgirls with flowers down Lambton Quay.

Diana appears visibly moved by the powhiri (in contrast to the episode of The Crown, where the show presents the traditional Maori performance as a disorienting episode to reflect Dianas inner distress and turmoil).

This contrasts to Prince Charles smoothness with such affairs; when he visited younger brother Prince Edward doing his gap year at Whanganui Collegiate, the young Prince was adorned in a Maori cloak, famously prompting Charles to question: "What on earth are you wearing?

Its been 25 years since the world lost Diana, Princess of Wales the peoples princess.

The trip is bittersweet for what it doesnt show, and what the young married couple cannot know: that decades later, their particular model of the British monarchy would become a relic, and that the young royals would be in the headlines for less auspicious reasons.

But beyond the TV specials, the documentaries, the conspiracies, the memoirs, the embargoes and the sorrows, what we ought to remember is what the young princess showed so much of on her New Zealand tour; her sparkling charm, her capacity for joy, and her unparalleled style.

In a career flecked with protocol-breaking, Dianas ruptures with tradition on the Royal Tour set the stage for a new generation, allowing them to create their own rules.

The newsreels of Dianas 1983 New Zealand tour the one with over 200 outfits, a 100-plus British press pack, and one buzzy bee show just how well she connected to the public, how she endeared herself to legions of fans.

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Conservative Lawyer Who Formerly Represented Kyle Rittenhouse Tees Up Potential Fourth Amendment Issue in Jan. 6 Case – Law & Crime

Posted: at 10:59 pm

Left: attorney John Pierce, during an interview with Tucker Carlson; right, Lloyd Casimiro Cruz, Jr., inside the Capitol on Jan. 6.

A high-profile lawyer defending multiple people accused in the Jan. 6 attack on the U.S. Capitol says that the federal search warrants used to trace one of his clients to the building are unconstitutional and that the case against his client should be dismissed.

The motion falls days after a similar Fourth Amendment challenge failed in a separate case related to the attack on the U.S. Capitol.

John Pierce, in a motion filed Saturday on behalf of client Lloyd Casimiro Cruz, Jr., argues that any evidence obtained from the search warrants that the FBI obtained on the day of the attack is so-called fruit from the poisonous tree so poisonous, the legal theory goes, that it cannot constitutionally be used in a criminal prosecution.

Cruz, who is from Missouri, is accused of joining the mob of Donald Trump supporters at the Capitol on Jan. 6. Prosecutors say he drove with friends to Washington on Jan. 3 to attend Trumps so-called Stop the Steal rally, during which Trump exhorted the crowd to march to the Capitol as Congress certified Joe Bidens win in the 2020 presidential election, a constitutionally-mandated process that marks the peaceful transition of power from one U.S. presidential administration to the next. The riotous crowd ultimately overwhelmed police, grinding the certification to a temporary halt and forcing lawmakers and staff to either leave the building or shelter in place.

According to court documents, Cruz told federal investigators that he recorded some of the destruction and chaos at the Capitol that day using a GoPro camera, which he later shared with investigators. Cruz faces four trespassing and disorderly conduct charges that have come to be known as the standard misdemeanors in Jan. 6 cases. Penalties range from six months to one year in jail if convicted.

The FBI ultimately tracked Cruz down through location data obtained from AT&T and Google through search warrants obtained on Jan. 6.

Per the FBI statement of facts in support of the probable cause warrant for Cruz:

According to records obtained through a search warrant for records in the possession of Google, a mobile device associated with I**********@g****.com was present at the U.S. Capitol on January 6, 2021. Google estimates device location using sources including GPS data and information about nearby Wi-Fi access points and Bluetooth beacons. This location data varies in its accuracy, depending on the source(s) of the data. As a result, Google assigns a maps display radius for each location data point. Thus, where Google estimates that its location data is accurate to within 10 meters, Google assigns a maps display radius of 10 meters to the location data point. Finally, Google reports that its maps display radius reflects the actual location of the covered device approximately 68% of the time. In this case, Google location data showed that a device associated with l**********@g****.com was within the U.S. Capitol Crypt at 2:17:27 p.m. on January 6, 2021. Google records showed that the maps display radius for this location data was less than 100 feet, which encompasses an area that is partially within the U.S. Capitol building. Google reported a recovery telephone number ending in 5584 for l**********@g****.com.

According to records obtained through a search warrant for records in the possession of AT&T, on January 6, 2021, in and around the time of the incident, the cellphone associated with a telephone number ending in 5584 was identified as having utilized a cell site consistent with providing service to a geographic area that included the interior of the United States Capitol building.

Login Internet Protocol (IP) address information provided by Google, and research in public records, were used to identify LLOYD CASIMIRO CRUZ, JR., residing in Polo, Missouri, as the subscriber of telephone number ending in 5584. I was requested to conduct logical investigation to identify the individual in possession of the referenced device within the U.S. Capitol building, and to conduct investigation to identify potential criminal offenses that were committed, on January 6, 2021.

In the probable cause affidavit, the FBI agent who interviewed Cruz said that the defendant shared a picture with him that apparently places him inside the Capitol building at the time of the riot.

Cruz stated he observed himself on surveillance footage from inside the U.S. Capitol building posted on One America News Networks website, the FBI affidavit says. Cruz took a screen shot of this image on this website with his cell phone. I took [a] photograph of this screen shot[.]

The AT&T and Google search warrants that led to the FBIs investigation and, ultimately, Cruzs arrest, Pierce argues, were illegal, and any evidence derived from those search warrants violates his clients constitutional rights.

[T]he entire complaint against the Defendant originated with an unlawful blanket general warrant of cellphone location data, which plainly lacked requisite specificity, Pierce writes in his motion, filed Saturday. Investigators then used such metadata to identify Cruz, rather than first having probable cause to identify Cruz and probable cause to believe Mr. Cruz had committed an offense, as required by the 4th amendment [sic].

Investigators then tracked down Cruz and obtained statements from him, as well as other evidence, Pierce continued. All of this evidence is fruit of the poisonous tree. Accordingly, this case must be dismissed en toto [emphasis in original, using the Latin phrase for in its entirety].

According to Pierce, the timeline of the FBIs investigation supports his claim:

1. The FBI began its investigation into (later to be identified) Cruz, without any probable cause to suspect Cruz of any crime;

2. The FBI used two blanket general warrants (of both Google and AT&T) to scour through cell phone and other digital metadata to then identify Cruz as a potential suspect crime (although what crimes, if any, the FBI did not know);

3. Even after identifying Cruz as a potential suspect via these general warrants, the FBI lacked probable cause to arrest him for any specific crime;

4. The FBI then flew to Missouri to question Cruz to determine if there was any probable cause to charge Cruz with a crime or crimes; and

5. Only upon questioning Cruz and getting Cruz to provide other evidence did the FBI have probable cause to charge Cruz with any crime (two misdemeanors).

Pierce, who is known for representing right-wing causes clbres including, before he was fired from the defense team, acquitted Kenosha protest gunman Kyle Rittenhouse and the very image of the riot Jacob Chansley describes the FBIs search warrant in dramatic fashion, implying that something significantly more nefarious is afoot.

The warrants in this case plainly lacked probable cause with any particularity regarding the person and things to be searched or even the crimes to be alleged, Pierce writes. Indeed, it is plain that this case was initiated by one of the worst general warrants in American history. Counsel suspects that there may be other January 6 defendants who were similarly identified by these general warrants and asks the Court to utilize its inherent powers to open a more wide-ranging inquiry into the FBIs use of these unconstitutional warrants.

Pierce also asks to put the agents involved in the warrants to answer questions under oath.

Cruz requests an evidentiary hearing in which all agents responsible for these warrants shall be made to appear, testify, and provide all supporting affidavits and/or documentation, Pierce writes, emphasizing this request in all-bold typeface.

Pierces motion comes days after a ruling from the Chief U.S. District Judge denying another Jan. 6 defendants request to suppress evidence on similar grounds. On Thursday, Beryl Howell, a Barack Obama appointee, denied Matthew Bledsoes motion to suppress evidence on Fourth Amendment grounds, finding that Bledsoe who prosecutors say live-streamed extensively from the Capitol that day did not have a reasonable expectation of privacy location data that Facebook ultimately provided to the FBI.

Cruzs case is before Senior U.S. District Judge Reggie B. Walton, a George W. Bush appointee. It is unclear when he will rule on the motion; a status conference in the case is set for Tuesday.

The recent filing of two motions seeking to either suppress or dismiss charges on Fourth Amendment search and seizure grounds may signal yet another coming fight in Jan. 6 cases in which judges could reach a variety of conclusions. Previously, several defense attorneys in Jan. 6 cases have filed motions to dismiss a particular federal obstruction charge levied against many accused rioters, and most but not all D.C. District judges have rejected these efforts.

The judges are less aligned when it comes to the issue of so-called split sentences efforts by federal prosecutors to have defendants convicted of certain Jan. 6 misdemeanors serve both jail time and probation. Some judges have said that such sentences are allowed, but others have disagreed, leaving a split on the bench.

The DOJ declined to comment about Pierces motion to Law&Crime.

Read the motion, below:

[Image of John Pierce via screengrab; image of Lloyd Casimiro Cruz, Jr., via FBI court filing.]

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Conservative Lawyer Who Formerly Represented Kyle Rittenhouse Tees Up Potential Fourth Amendment Issue in Jan. 6 Case - Law & Crime

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Fourth Amendment Decision Isn’t Going To Stop LSAT Or Law Schools From Scanning Your Room – Above the Law

Posted: at 10:59 pm

Students are abuzz about a federal court opinionlast week ruling that a remotely proctored university exam violated the Fourth Amendment when it captured a students sensitive tax documents.

The Northern District of Ohio ruling affirmed that Cleveland State University cant willy-nilly video a students bedroom just because that student is taking a remote exam. Given the abject disaster of remote proctoring the legal industry faced during the pandemic, folks are cautiously optimistic that this opinion will end to the tyranny of flagging cheating arbitrarily in the many remote testing opportunities throughout the legal education lifecycle.

Unfortunately, thats not going to happen.

CSU mounted a comically poor defense of its practice, defended its room-scanning practice by saying that it had become common during the pandemic and, therefore, more acceptable to society, according to Ars Technica. Judge J. Philip Calabrese did not concur:

Though schools may routinely employ remote technology to peer into houses without objection from some, most, or nearly all students, it does not follow that others might not object to the virtual intrusion into their homes or that the routine use of a practice such as room scans does not violate a privacy interest that society recognizes as reasonable, both factually and legally.

Yes, the bah, we break the law all the time so you shouldnt be surprised defense only works if youre a police officer.

But there are a few key facts missing in some of the chatter around this opinion. First of all, the Fourth Amendment applies to state actors, ensnaring schools like CSU, but wont trip up the privately administered LSAT or some private law school running a remote test like this.

Public law schools and bar exams dont have the luxury of getting out on that count though.

Secondly, CSU left it to individual professors to decide whether to conduct these room scans. In this case, the plaintiffs professor had opted into the policy originally, but backed out after the student raised a timely objection. Meaning the student had no expectation that this would happen during his test.

Additionally, the record here shows a variable policy enforced, unevenly, in the discretion of a combination of proctors and professorsof using remote scans that make a students home visible, including to other students, with uncertain consequences.

Make no mistake: every public school or hypothetical future remote bar exam will absolutely get that waiver from you. There will be no opt out. Consenting to the scan will be a condition of taking the test.

Which is probably the right answer. If were going to have tests at home theres going to be some manner of proctoring and its entirely reasonable for them to require that.

But they cant just drop it on you without you consenting to it first.

Scanning students homes during remote testing is unconstitutional, judge says [Ars Technica]

Joe Patriceis a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free toemail any tips, questions, or comments. Follow him onTwitterif youre interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.

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Fourth Amendment Decision Isn't Going To Stop LSAT Or Law Schools From Scanning Your Room - Above the Law

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