Category Archives: Fifth Amendment

Searching has come to a halt at the Bardstown site currently being targeted in the Crystal Rogers investigation.The FBI renewed its efforts last week nearly a year after it took over the investigation into her disappearance. Agents targeted a subdivision, Woodlawn Springs, where Rogers' boyfriend built three homes, then honed in on one. He built that home, but no longer owns it. Over several days of searching, investigators found "multiple items of interest," but they did not disclose what they were. "During the course of our search thus far, multiple items of interest have been uncovered. Initial analysis shows they are potentially relevant to the investigation into the disappearance of Crystal Rogers," the FBI said in a tweet on Monday. Previous stories:Day 1 coverageDay 2 coverageDay 3 coverageDay 4 coverage Day 6 coverageSo what happens next?The FBI suspended its efforts due to weather as Hurricane Ida remnants move in. Just before 5 p.m. Tuesday, FBI agents told us the time of their return was "unknown at this time." The items that have been recovered are being sent to a crime lab in Quantico, Virginia, for further analysis.There's currently a $25,000 reward for information that would help agents solve the case.What to know about the caseRogers went missing in 2015. Her car was found abandoned with a flat tire on Bluegrass Parkway in Bardstown with her phone, purse and keys still inside.She had five children, one with Houck. While he is the only person since she disappeared to be named as a suspect, he has never been charged. His home was searched last year when the FBI started investigating. They also investigated his brother Nick Houck's home.At one point, investigators zeroed in on Houck's grandmother, Anna Whitesides.Crystal Rogers investigation: Where feds searched last year and whyThe state believed her car may have been used to dispose of Rogers' body. Whitesides, who had previously talked to investigators, later invoked her Fifth Amendment right, refusing to testify when called to court.Before the FBI came in last year, the Nelson County Sheriff's Department was handling the disappearance. A new detective took over the case a couple of years ago when Det. Jon Snow left the Sheriff's Department. Chief Deputy Joedy Gilliland then became the lead until the feds stepped in.Last year, when the FBI began its investigation, officials reported that they had found human remains at the Washington-Nelson county line. The FBI later reported that those remains were not of Rogers and their efforts remained largely quiet up until the latest flurry of activity this week.Just a year after Rogers died, on Nov. 19, 2016, her father was shot and killed on family property near Bluegrass Parkway, and his killing also remains unsolved.

Searching has come to a halt at the Bardstown site currently being targeted in the Crystal Rogers investigation.

The FBI renewed its efforts last week nearly a year after it took over the investigation into her disappearance.

Agents targeted a subdivision, Woodlawn Springs, where Rogers' boyfriend built three homes, then honed in on one. He built that home, but no longer owns it.

Over several days of searching, investigators found "multiple items of interest," but they did not disclose what they were.

"During the course of our search thus far, multiple items of interest have been uncovered. Initial analysis shows they are potentially relevant to the investigation into the disappearance of Crystal Rogers," the FBI said in a tweet on Monday.

Previous stories:

The FBI suspended its efforts due to weather as Hurricane Ida remnants move in.

Just before 5 p.m. Tuesday, FBI agents told us the time of their return was "unknown at this time."

The items that have been recovered are being sent to a crime lab in Quantico, Virginia, for further analysis.

There's currently a $25,000 reward for information that would help agents solve the case.

What to know about the case

Rogers went missing in 2015. Her car was found abandoned with a flat tire on Bluegrass Parkway in Bardstown with her phone, purse and keys still inside.

She had five children, one with Houck. While he is the only person since she disappeared to be named as a suspect, he has never been charged. His home was searched last year when the FBI started investigating. They also investigated his brother Nick Houck's home.

At one point, investigators zeroed in on Houck's grandmother, Anna Whitesides.

Crystal Rogers investigation: Where feds searched last year and why

The state believed her car may have been used to dispose of Rogers' body. Whitesides, who had previously talked to investigators, later invoked her Fifth Amendment right, refusing to testify when called to court.

Before the FBI came in last year, the Nelson County Sheriff's Department was handling the disappearance. A new detective took over the case a couple of years ago when Det. Jon Snow left the Sheriff's Department. Chief Deputy Joedy Gilliland then became the lead until the feds stepped in.

Last year, when the FBI began its investigation, officials reported that they had found human remains at the Washington-Nelson county line. The FBI later reported that those remains were not of Rogers and their efforts remained largely quiet up until the latest flurry of activity this week.

Just a year after Rogers died, on Nov. 19, 2016, her father was shot and killed on family property near Bluegrass Parkway, and his killing also remains unsolved.

Read the original:
What's next for the FBI's Crystal Rogers investigation in Bardstown? - WLKY Louisville

HOUSTON--(BUSINESS WIRE)--On the four-year anniversary of Tropical Storm Harvey, Armi Easterby, a partner of the Houston-based law firm Williams Hart Boundas Easterby LLP, stated today that, Despite the Army Corps admitting that upstream reservoir flooding poses unacceptable risks to health and human safety, private property, and public infrastructure, it still has done nothing to compensate the families and businesses it flooded during Harvey. Mr. Easterbys reference to this unacceptable risk comes directly from the study published by the U.S. Army Corps of Engineers in October of 2020.

Unfortunately, this unacceptable risk became a reality on August 30, 2017, when thousands of private properties were inundated with contaminated stormwater held back by the Addicks and Barker dams, continued Mr. Easterby. The Court of Federal Claims previously ruled that, under the 5th Amendment, the federal governments use of more than 7,000 acres of private upstream land requires payment of just compensation to eligible claimants. In that ruling, the Court of Federal Claims held, The governments actions relating to the Addicks and Barker Dams and the attendant flooding of plaintiffs properties constituted a taking of a flowage easement under the Fifth Amendment. Thus, the court finds defendant liable.

The ongoing litigation is now in the compensation phase, which will set the amount of compensation owed to various residents of the upstream neighborhoods.

In spite of repeated COVID delays, Armi Easterby is ready to go the distance. While the delays have been frustrating, they have not and will not change our commitment to hold the federal government accountable for its decision to impose flooding on private property with no legal right. Williams Hart Boundas Easterby, LLP has been a fixture of the Houston legal community for 38 years and has served over 200,000 clients since the firms founding in 1983.

Armi Easterby, who has been licensed with the Court of Federal Claims for over 20 years, continues to serve as the co-lead lawyer appointed by the court to protect the rights of individual plaintiffs. Were privileged to represent over 1,500 upstream families and businesses in their 5th Amendment claims against the federal government, and will continue fighting until weve collected just compensation, says Armi Easterby. Mr. Easterby represents property owners in all impacted communities behind the dams, including Bear Creek, Canyon Gate, Twin Lakes, Lakes on Eldridge, Concord Bridge, Concord Colony, Cinco Ranch, Charlestown Colony, Cinco at Willow Fork, Cinco Ranch Equestrian Village, Cinco Ranch Greenway Village, Cinco Ranch Meadow Place, Cinco Ranch Southpark, Concord Fairways at Kelliwood, Grand Lakes, Grand Lakes Phase Three, Grand Mission, Green Trails Oaks, Greens at Willow Fork, Jamestown Colony, Kelliwood Greens, Kingsland Estates, Lakes of Buckingham Kelliwood, Mayde Creek Farms, Park Harbor Estates, Parklake Village, Pine Forest, Savannah Estates, Stone Gate at Canyon Gate, and Windsor Park Estates.

Mr. Easterby presented key evidence in the May 2019 trial which found the government liable for the upstream flooding. To date, approximately 65% of all upstream plaintiffs have hired Armi Easterby and Williams Hart Boundas Easterby, LLP to prosecute their 5th Amendment claims. Upstream residents are banding together to hold the government accountable.

Mr. Easterby concluded with It is important to know that there is still time for upstream residents to file their claims and that thousands of property owners qualify for this important case but have not yet filed. Property owners upstream of the Addicks and Barker dams who experienced flooding in late August of 2017 may have a claim, but must submit it before the statute of limitations expires in order to receive any financial compensation. Contact Armi Easterby at http://www.myreservoirclaim.com or (713) 940-6220 for a free case evaluation.

Read the original post:
Four Years After Harvey: Federal Government Liable, Families Still Fighting for Compensation; There Is Still Time to File a Claim With Attorney Armi...

After days of searching in a Bardstown subdivision, the FBI is suspending its efforts in the Crystal Rogers investigation for the time being due to incoming weather, but investigators said they have recovered "multiple items of interest."According to a tweet from the FBI in Louisville, investigators expect conditions to deteriorate over the next couple of days due to remnants from Hurricane Ida. The approach weather system is forecast to bring torrential rain to the region.But while the search has been called off for now, the team said in a statement that its efforts in the Woodlawn Springs subdivision haven't gone without progress."During the course of our search thus far, multiple items of interest have been uncovered. Initial analysis shows they are potentially relevant to the investigation into the disappearance of Crystal Rogers," the FBI said.The items have been sent to the FBI lab in Quantico, Virginia, for analysis. The FBI has remained quiet about its efforts, including what they have uncovered.Previous stories:Day 1 coverageDay 2 coverageDay 3 coverageDay 4 coverageOne of the first big updates since the FBI resumed its efforts in Bardstown was Friday when they confirmed an "item of interest" had been recovered. That came after days of searching and excavation in the Nelson County community."This item is being further evaluated and we will release additional information as it becomes available," the FBI tweeted.And over the weekend, for the first time, the FBI announced a $25,000 reward for information in Rogers' disappearance. They are hoping someone in the community will come forward and provide tips that will lead to the identification, arrest and conviction of whoever is responsible for the mother's disappearance.'I just pray this is it': Crystal Rogers' mother feeling encouraged as FBI search continuesThe main message the FBI has been sending to the community is cooperation. Since the team took over the case last year, they have called on residents to come forward and launched a dedicated website for tips to be submitted anonymously."Now is the time to come forward," the FBI said in a statement Friday.People can also call the FBI at 800-225-5324.FBI teams have been in Bardstown for days now, initially descending on the community last Tuesday to follow up on leads gathered over the last year. Those tips took them to the Woodlawn Springs subdivision, where they initially focused on three properties.Those properties were built by Brooks Houck, Rogers' boyfriend, at the time of her disappearance. The FBI then zeroed in on one of the properties, which no longer belongs to Houck. Teams have been digging up and excavating the driveway, and truckloads of concrete have been seen around the subdivision.The FBI said they don't have a timeline on how long it will take to find any clues in her disappearance but "we will continue our efforts as long as it takes."Sherry Ballard, Rogers' mother, said the FBI has been keeping her up to date. She said she's been grateful to the neighbors for keeping her up-to-date, and she's hopeful another day of searching pays off.What to know about the Crystal Rogers caseRogers went missing in 2015. Her car was found abandoned with a flat tire on Bluegrass Parkway in Bardstown with her phone, purse and keys still inside.She had five children, one with Houck. While he is the only person since she disappeared to be named as a suspect, he has never been charged. His home was searched last year when the FBI started investigating. They also investigated his brother Nick Houck's home.At one point, investigators zeroed in on Houck's grandmother, Anna Whitesides.Crystal Rogers investigation: Where feds searched last year and whyThe state believed her car may have been used to dispose of Rogers' body. Whitesides, who had previously talked to investigators, later invoked her Fifth Amendment right, refusing to testify when called to court.Before the FBI came in last year, the Nelson County Sheriff's Department was handling the disappearance. A new detective took over the case a couple of years ago when Det. Jon Snow left the Sheriff's Department. Chief Deputy Joedy Gilliland then became the lead until the feds stepped in.Last year, when the FBI began its investigation, officials reported that they had found human remains at the Washington-Nelson county line. The FBI later reported that those remains were not of Rogers and their efforts remained largely quiet up until the latest flurry of activity this week.Just a year after Rogers died, on Nov. 19, 2016, her father was shot and killed on family property near Bluegrass Parkway, and his killing also remains unsolved.

After days of searching in a Bardstown subdivision, the FBI is suspending its efforts in the Crystal Rogers investigation for the time being due to incoming weather, but investigators said they have recovered "multiple items of interest."

According to a tweet from the FBI in Louisville, investigators expect conditions to deteriorate over the next couple of days due to remnants from Hurricane Ida. The approach weather system is forecast to bring torrential rain to the region.

But while the search has been called off for now, the team said in a statement that its efforts in the Woodlawn Springs subdivision haven't gone without progress.

"During the course of our search thus far, multiple items of interest have been uncovered. Initial analysis shows they are potentially relevant to the investigation into the disappearance of Crystal Rogers," the FBI said.

This content is imported from Twitter.You may be able to find the same content in another format, or you may be able to find more information, at their web site.

The items have been sent to the FBI lab in Quantico, Virginia, for analysis. The FBI has remained quiet about its efforts, including what they have uncovered.

Previous stories:

One of the first big updates since the FBI resumed its efforts in Bardstown was Friday when they confirmed an "item of interest" had been recovered. That came after days of searching and excavation in the Nelson County community.

"This item is being further evaluated and we will release additional information as it becomes available," the FBI tweeted.

And over the weekend, for the first time, the FBI announced a $25,000 reward for information in Rogers' disappearance. They are hoping someone in the community will come forward and provide tips that will lead to the identification, arrest and conviction of whoever is responsible for the mother's disappearance.

'I just pray this is it': Crystal Rogers' mother feeling encouraged as FBI search continues

The main message the FBI has been sending to the community is cooperation. Since the team took over the case last year, they have called on residents to come forward and launched a dedicated website for tips to be submitted anonymously.

"Now is the time to come forward," the FBI said in a statement Friday.

People can also call the FBI at 800-225-5324.

FBI teams have been in Bardstown for days now, initially descending on the community last Tuesday to follow up on leads gathered over the last year. Those tips took them to the Woodlawn Springs subdivision, where they initially focused on three properties.

Those properties were built by Brooks Houck, Rogers' boyfriend, at the time of her disappearance. The FBI then zeroed in on one of the properties, which no longer belongs to Houck. Teams have been digging up and excavating the driveway, and truckloads of concrete have been seen around the subdivision.

The FBI said they don't have a timeline on how long it will take to find any clues in her disappearance but "we will continue our efforts as long as it takes."

Sherry Ballard, Rogers' mother, said the FBI has been keeping her up to date. She said she's been grateful to the neighbors for keeping her up-to-date, and she's hopeful another day of searching pays off.

Rogers went missing in 2015. Her car was found abandoned with a flat tire on Bluegrass Parkway in Bardstown with her phone, purse and keys still inside.

She had five children, one with Houck. While he is the only person since she disappeared to be named as a suspect, he has never been charged. His home was searched last year when the FBI started investigating. They also investigated his brother Nick Houck's home.

At one point, investigators zeroed in on Houck's grandmother, Anna Whitesides.

Crystal Rogers investigation: Where feds searched last year and why

The state believed her car may have been used to dispose of Rogers' body. Whitesides, who had previously talked to investigators, later invoked her Fifth Amendment right, refusing to testify when called to court.

Before the FBI came in last year, the Nelson County Sheriff's Department was handling the disappearance. A new detective took over the case a couple of years ago when Det. Jon Snow left the Sheriff's Department. Chief Deputy Joedy Gilliland then became the lead until the feds stepped in.

Last year, when the FBI began its investigation, officials reported that they had found human remains at the Washington-Nelson county line. The FBI later reported that those remains were not of Rogers and their efforts remained largely quiet up until the latest flurry of activity this week.

Just a year after Rogers died, on Nov. 19, 2016, her father was shot and killed on family property near Bluegrass Parkway, and his killing also remains unsolved.

Read more:
FBI suspending Crystal Rogers efforts due to incoming weather, 'multiple items of interest' found - WLKY Louisville

EXCLUSIVE: Twenty Republican state attorneys general are urging Attorney General Merrick Garland to appeal a federal judges ruling that struck down an illegal reentry law after finding it has a "disparate impact on Latinx persons."

"We appreciate that you recently filed a notice of appeal, preserving your ability to defend the law on appeal. We now urge you to follow through by defending the law before the Ninth Circuit and (if necessary) the Supreme Court," the letter from the attorneys general said. "We ask that you confirm expeditiously DOJs intent to do so.

FEDERAL JUDGE DISMISSES ILLEGAL REENTRY CASE, SAYS LAW HAS 'DISPARATE IMPACT ON LATINX PERSONS

Section 1326 makes it illegal for someone who has been deported or denied entry to the U.S. to reenter, punishable by fines and possible jail time.

Federal Judge Miranda Du was ruling in a case concerning someone charged with illegal reentry who had been found in the country illegally in 2019 after having been deported multiple times. She accepted the arguments from the defense that the law is racially motivated and discriminatory.

"Because [the defendant] has established that Section 1326 was enacted with a discriminatory purpose and that the law has a disparate impact on Latinx persons, and the government fails to show that Section 1326 would have been enacted absent racial animus x the court will grant the motion," the ruling said.

SCOTUS REMAIN IN MEXICO RULING' MARKS LATEST IMMIGRATION DEFEAT FOR BIDEN ADMINISTRATION

The case cited Border Patrol data that over 97% of people apprehended at the U.S.-Mexico border in 2000 were of Mexican descent, and 87% in 2010. The government did not dispute disparate impact, but instead attributed it to geography and proportionality noting that Mexico borders the U.S. as well as the history of Mexican employment issues and other factors.

The government also argued that it makes sense that Mexican citizens make up a high percentage of illegal entry defendants "given the suggestion that they made up a disproportionately high percentage of the overall illegal alien population."

"The court is not persuaded," Du wrote.

FEDERAL JUDGE BLOCKS BIDEN ADMIN'S ICE RULES THAT NARROWED ILLEGAL IMMIGRANT ARREST PRIORITIES

Instead, Du accepted the argument that the legislative history shows that racism and eugenics were motivating factors in the passage of legislation in 1929, which formed the basis for the 1952 legislation. She also said there has "been no attempt at any point to grapple with the racist history of Section 1326 or remove its influence on the legislation."

As a consequence, the judge ruled that the law violated the equal protection clause of the Fifth Amendment, and therefore threw out the indictment.

The attorneys general cited the ongoing crisis at the border including comments by officials that the situation is "unsustainable" -- and warned that if the DOJ did not act on appeal, then it would only get worse, calling a failure to appeal "an announcement that would, in effect, tell already-deported aliens that they are free to try again."

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"Indeed acquiescing in the district courts opinion would be tantamount to announcing legalization of illegal re-entry," they write.

They note that Garlands DOJ has filed a notice of intent to appeal, but said they have reason to worry considering what they see as a "surrender" by the administration at the border.

"The States should not have to worry about the administration doing its job and defending federal law. But, given this administrations habit of policymaking through the expedient of strategic surrender, the States have reason to fear."

Excerpt from:
Republican AGs urge Garland to appeal ruling that determined illegal reentry law to be discriminatory - Fox News

Law360 (August 27, 2021, 7:59 PM EDT) -- Israeli billionaire Beny Steinmetz cited his Fifth Amendment right to avoid self-incrimination while urging a New York federal judge topostpone a depositionin a $10 billion lawsuit againstbillionaire investorGeorge Soros over a failed Guinean mining project.

Steinmetz secured and lost an iron mining agreement with Guinea and claims Soros sabotaged the contract. Both sides have previously alleged during the course of this suit that their opponent was trying to avoid taking responsibility for the revoked arrangement.

Steinmetz said in a Thursday letter to U.S. Magistrate Judge Ona T. Wang that his Swiss counsel advised that he should not be deposed due to...

In the legal profession, information is the key to success. You have to know whats happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

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Excerpt from:
Steinmetz Cites 5th Amendment To Avoid Deposition, For Now - Law360

The Pasadena Police Department presented its investigation into sexual assault allegations against Trevor Bauer to the district attorneys office on Friday. It is now up to the district attorney to decide whether the case will be filed or rejected.

"We have presented that case to the DAs office, and its currently under review," Pasadena PD Lt. Carolyn Gordon told The Athletic. There is no known timeline for when the district attorney's office will make its decision.

Earlier on Friday, MLB and the players' association agreed to extend Los Angeles Dodgers pitcher Trevor Bauers paid administrative leave for a seventh time to Sept. 3, a league official told The Athletic.

The league initially placed Bauer on leave July 2 as it began investigating sexual assault allegations against him, stemming from two separate incidents with a woman at Bauer's residence in Pasadena, Calif.

Last week, a Los Angeles Superior Court judge denied a woman's request for a long-term restraining order against Bauer.

After a hearing that lasted four days, Judge Dianna Gould-Saltman said that the 27-year-old San Diego womans petition seeking a domestic violence restraining order was "materially misleading," according to a report from The Associated Press. Gould-Saltman said Bauer followed the woman's boundaries when she set them, adding that he couldnt have been aware of the boundaries she didnt express to him, according to AP.

We consider in a sexual encounter that when a woman says no she should be believed, Gould-Saltman said in a statement to the court, so what should we do when she says yes?

Bauer was present in court during the womans testimony but did not testify. His legal team said he would invoke the Fifth Amendment had he taken the stand.

Bauers co-agents, Jon Fetterolf and Rachel Luba, have disputed the allegations, stating they stemmed from a wholly consensual sexual relationship. The woman, in court documents issued under threat of perjury, said the incidents at Bauers Pasadena home on April 21 and May 15 began as consensual but grew violent without her consent.

The investigation being conducted by MLB remains active.

(Photo: David J. Griffin / Icon Sportswire via Getty Images)

More:
Pasadena PD presents investigation on Trevor Bauer to district attorneys office - The Athletic

This week, a Cape Cod jury found Thomas Latanowich guilty of murder for killing Yarmouth police sergeant Sean Gannon in 2018. Daniel Medwed, GBH News legal analyst and Northeastern law professor, joined Marilyn Schairer on Morning Edition to take a deep dive on the unusual trial. This transcript has been edited for clarity and length.

Schairer: Lets get a quick review of the events that led to the criminal charges against Latanowich.

Medwed: Back on April 12, 2018, Yarmouth police officers executed an arrest warrant for Latanowich, on a charge of violating the terms of his probation violation at a house in Marstons Mills on the Cape. Along with other officers, Gannon went to the scene with his K-9 Nero to assist with apprehending Latanowich. Things soon went south. The police scoured the house, with no sign of the suspect, until they discovered a section of the attic covered by insulation that they hadnt checked before. Gannon pulled the insulation down and was shot in the forehead and killed by Latanowich. His dog Nero was also shot but fortunately recovered.

That incident triggered a raft of criminal charges against Latanowich, and the key issue at trial was whether he committed first-degree murder, which requires the jury to find that the defendant acted with premeditation and deliberation, or second-degree murder that he simply acted intentionally, yes, but not in premediated fashion.

Schairer: The defense took a controversial approach. Latanowich testified in his own defense. How unusual is it for a criminal defendant to testify and why?

Medwed: Its extremely unusual, for a range of reasons. First of all, prosecutors carry the burden of proof in a criminal case they have to prove guilt beyond a reasonable doubt. The defendant has a constitutional right not to testify under the Fifth Amendment and the defense isnt required to put on a case at all.

When I was a young lawyer, I was taught that the defense can sit on its hands and do nothing all trial, and still insist during closing argument that the prosecution didnt carry its burden. By putting the defendant on the stand, the defense runs the risk of making the jury think it bears the burden of proving innocence, even though thats not the case.

Second, by testifying, a defendant exposes himself to whats called impeachment. The prosecutor can introduce prior inconsistent statements or other evidence to suggest that the defendant is lying on the stand. Most importantly, the defendant can be impeached with prior convictions the rationale is that your criminal record is somehow relevant to your credibility as a witness because breaking the law is a form of dishonesty that jurors should know about. Thats the theory, and one Im skeptical of because it discourages many defendants from testifying. Finally, given that jurors often want to hear the defendants side of the story and are puzzled by the choice not to take the stand, judges routinely instruct the jury that they may not draw an adverse inference any negative opinion from the defendants assertion of his Fifth Amendment right.

WATCH: Daniel Medwed on defendants taking the stand

Schairer: Daniel, you just mentioned how unusual it is for a criminal defendant to waive the Fifth Amendment privilege against self-incrimination and testify. Why do you think Latanowich took the stand in his case?

Medwed: Its hard to say, but its important to underscore that the decision to testify doesnt belong to the lawyer, but the defendant. The defense lawyers job is to offer advice, to convey the pros and cons, but its ultimately up to the defendant to make that call. So, my hunch is that Latanowich made the call.

Schairer: It didnt work out too well for him, did it?

Medwed: No, it didnt. He was convicted of second-degree murder as well as six other criminal charges and the judge imposed a sentence that, in the aggregate, means he is not even eligible for parole for 35 years. That said, the jury acquitted [him] of the most serious charge, first-degree murder, and I guess its possible that his testimony helped him in that regard because he told the jury that he mistook Gannon for someone, a civilian, who had shot at him before. Juror exit interviews, I suppose, could shed light on that issue.

View post:
Taking The Stand In Your Own Defense Is Unusual But It Happened This Week On Cape Cod - wgbh.org

EXCLUSIVE: Twenty Republican state attorneys general are urging Attorney General Merrick Garland to appeal a federal judges ruling that struck down an illegal reentry law after finding it has a "disparate impact on Latinx persons."

"We appreciate that you recently filed a notice of appeal, preserving your ability to defend the law on appeal. We now urge you to follow through by defending the law before the Ninth Circuit and (if necessary) the Supreme Court," the letter from the attorneys general said. "We ask that you confirm expeditiously DOJs intent to do so.

FEDERAL JUDGE DISMISSES ILLEGAL REENTRY CASE, SAYS LAW HAS 'DISPARATE IMPACT ON LATINX PERSONS

Section 1326 makes it illegal for someone who has been deported or denied entry to the U.S. to reenter, punishable by fines and possible jail time.

Federal Judge Miranda Du was ruling in a case concerning someone charged with illegal reentry who had been found in the country illegally in 2019 after having been deported multiple times. She accepted the arguments from the defense that the law is racially motivated and discriminatory.

"Because [the defendant] has established that Section 1326 was enacted with a discriminatory purpose and that the law has a disparate impact on Latinx persons, and the government fails to show that Section 1326 would have been enacted absent racial animus x the court will grant the motion," the ruling said.

SCOTUS REMAIN IN MEXICO RULING' MARKS LATEST IMMIGRATION DEFEAT FOR BIDEN ADMINISTRATION

The case cited Border Patrol data that over 97% of people apprehended at the U.S.-Mexico border in 2000 were of Mexican descent, and 87% in 2010. The government did not dispute disparate impact, but instead attributed it to geography and proportionality noting that Mexico borders the U.S. as well as the history of Mexican employment issues and other factors.

The government also argued that it makes sense that Mexican citizens make up a high percentage of illegal entry defendants "given the suggestion that they made up a disproportionately high percentage of the overall illegal alien population."

Story continues

"The court is not persuaded," Du wrote.

FEDERAL JUDGE BLOCKS BIDEN ADMIN'S ICE RULES THAT NARROWED ILLEGAL IMMIGRANT ARREST PRIORITIES

Instead, Du accepted the argument that the legislative history shows that racism and eugenics were motivating factors in the passage of legislation in 1929, which formed the basis for the 1952 legislation. She also said there has "been no attempt at any point to grapple with the racist history of Section 1326 or remove its influence on the legislation."

As a consequence, the judge ruled that the law violated the equal protection clause of the Fifth Amendment, and therefore threw out the indictment.

The attorneys general cited the ongoing crisis at the border including comments by officials that the situation is "unsustainable" -- and warned that if the DOJ did not act on appeal, then it would only get worse, calling a failure to appeal "an announcement that would, in effect, tell already-deported aliens that they are free to try again."

"Indeed acquiescing in the district courts opinion would be tantamount to announcing legalization of illegal re-entry," they write.

They note that Garlands DOJ has filed a notice of intent to appeal, but said they have reason to worry considering what they see as a "surrender" by the administration at the border.

"The States should not have to worry about the administration doing its job and defending federal law. But, given this administrations habit of policymaking through the expedient of strategic surrender, the States have reason to fear."

Link:
Republican AGs urge Garland to appeal ruling that determined illegal reentry law to be discriminatory - Yahoo News

The trove of documents requested Wednesday by the House committee investigating the Jan. 6 attack shows an interest in former President TrumpDonald TrumpWalensky says 'now is the time' to tackle gun violence: report Banks fights Jan. 6 committee effort to seek lawmaker records Biden to raise pay for federal employees effective Jan. 1. MOREs mental health and whether he was considering using the military to remain in power.

In addition to seeking records on Trumps family members and a long list of former aides, the panel is asking the White House and federal agencies to relay any conversations about removing the former president from office and whether he planned to enact martial law.

The committee is zeroing in on the period from Election Day to Inauguration Day and wants agencies to turn over all documents and communications relating to the Twenty-Fifth Amendment to the U.S. Constitution, which allows the vice president and a majority of Cabinet members to remove the president if they believe he is unfit for office.

Agencies are also asked to relay all documents and communications related to the mental stability of Donald Trump or his fitness for office following Jan. 6, when a mob of the Trump supporters stormed the Capitol.

The documents, if provided, could offer new insight into whether former Vice President Pence and Trumps Cabinet members were considering taking action following numerous reports that administration officials were considering invoking the 25th Amendment during Trumps last two weeks in office.

During that period, the House passed a symbolic measure encouraging Pence to invoke the amendment. Pence responded at the time by saying he did not believe such a course of action is in the best interest of our nation.

The line of inquiry from the House committee investigating Jan. 6 also shows an interest in the lengths Trump might have been willing to go to stay in power.

A letter to the Pentagon from the House panel seeks any records about the potential use of military power to impede or ensure the peaceful transfer of power between the election and the inauguration and any possible attempts by President Donald Trump to remain in office after January 20, 2021.

Several of the letters ask for documents relating to martial law or any analysis of its use.

One request specifically asks the Defense Department for all documents and communications relating to the possibility of invoking the Insurrection Act, including but not limited to documents and communications concerning that possibility with respect to preparation for the events of January 6, 2021, or responding to the January 6, 2021, attack.

Martial law would place the military in control of a number of government functions while the Insurrection Act of 1807 allows the president to call forth the militia for the purpose of suppressing such insurrection. It hasnt been used since 1992, when former President George H.W. Bush invoked it to quell riots following the police beating of Rodney King.

Experts point out that the insurrection caused by Trumps own supporters on Jan. 6 could have been used by the president to invoke the act.

I think there was some concern that President Trump might be interested in creating some sort of ruckus just so that he can say, Ope, I need to use the Insurrection Act. I'm shutting down all of D.C. today. You won't be able to certify the election. And create just enough chaos to create room for him to change the election, said Barbara McQuade, who served as a U.S. attorney in the Obama administration.

Trump floated the idea of invoking the Insurrection Act last summer amid protests following the death of George Floyd at the hands of police.

"If a city or state refuses to take the actions that are necessary to defend the life and property of their residents, then I will deploy the United States military and quickly solve the problem for them," Trump said at the White House in June 2020.

Former acting Secretary of Defense Christopher Miller testified two months ago that he was cognizant of the fears promulgated by many about the prior use of the military in the June 2020 response to protests near the White House and fears that the president would invoke the Insurrection Act to politicize the military in an anti-democratic manner.

The committee also appears to be searching for any resistance Trump may have faced near the end of his administration, asking numerous agencies for communications relating to defying orders from the president.

Beyond military efforts, the inquiry seeks to look at the various ways Trump may have tried to use the Department of Justice (DOJ) to further his false claims about the 2020 election.

The DOJ is being asked to provide communications with former acting Attorney General Jeffrey Rosen, who told lawmakers Trump was persistent in pressuring him to discredit the election, and Jeffrey Clark, another DOJ official who reportedly pushedthe department to cast doubt on the results.

The New York Times has reported how Trump, annoyed by Rosens rebuffs on the election front, weighed replacing him with Clark.

The House panels request to the National Archives which retains presidential records asks for all documents and communications related to efforts, plans, or proposals to contest the 2020 Presidential election results.

But the request to DOJ goes beyond that, requesting information from several officials who threatened to resign as Trump weighed replacing Rosenand asking for information on whether any other DOJ official was involved in challenging the validity of the 2020 election.

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House probe focuses on Trump's mental health and martial law | TheHill - The Hill

This isnt the first time a thing like this has been said against me, and I guess it wont be the last time as long as my name is Scotto and not Schwartz or OHara, Mr. Scotto said in rejecting the allegation.

Undeniably, Mr. Scotto was vulnerable to guilt by association. Although his father-in-law, Mr. Anastasio, was never convicted of a serious crime, no one disputed that he had earned his nickname, Tough Tony. And Mr. Anastasios older brother was the much feared Albert Anastasia, a mob boss and hit man who was said to have run the Mafias Murder Inc. gang and who had also worked on the docks. (Albert spelled his surname with an a at the end.)

Anthony Michael Scotto, a son and grandson of dock workers, was born on May 10, 1934, in Brooklyn. He graduated from St. Francis Preparatory High School there and began working on the docks while attending Brooklyn College. He had his eye on law school until dropping out of Brooklyn after his second year.

He also began dating Anthony Anastasios daughter, Marion, whom he married in 1957. The guests at the Plaza Hotel wedding reception included Joseph Profaci, founder of what became the Colombo crime family; Carmine Lombardozzi, a top Gambino lieutenant; and Albert Anastasia, who months later would be shot dead in a Manhattan hotel barbershop.

Mr. Scotto befriended politicians in New York City, Albany and Washington and toured Brooklyn with Jimmy Carter during Mr. Carters successful run for president in 1976. Yet he remained under suspicion. In 1970, he invoked his Fifth Amendment right by refusing to answer questions before a committee of the New York State Legislature on whether he was a member of the Mafia.

In the mid-1960s, when he managed social activities at a New Jersey country club after it was bought by a real estate company co-owned by his wife, he became uncomfortable when suspected mobsters, including Thomas Eboli, a reputed underboss in the Genovese crime family, would show up. He would ask them to tee off elsewhere.

In 1979, federal prosecutors in Manhattan obtained a 70-count indictment charging Mr. Scotto and others with labor racketeering and tax evasion. He was accused of extorting more than $200,000 from executives of waterfront companies in return for steering business their way and reducing the number of accident claims filed by longshoremen.

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Anthony M. Scotto, Former Union Power on the Docks, Dies at 87 - The New York Times