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Category: Legal System

  • In Small Black Southern Towns, The Cops Remain Undaunted

    Almost a year ago, the roaring chants echoed in the streets: Defund the police! Abolish the police! The tide of public opinion spurred some of the nation’s more liberal cities into action. Los Angeles cut $150 million from its police department budget, New York City pledged to shift $1 billion from its police department to social services, and the Minneapolis City Council removed the requirement for a police department from its city charter. But in Southern states—home to the nation’s largest Black population—the pattern has been one of strengthening police departments in rural communities. This has been true even in towns led by liberal Black city officials, bringing into sharp relief the urgent need to protect some of the nation’s most vulnerable citizens—Black rural Southern folks.

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  • Murder Of Daunte Wright Ruined Derek Chauvin Show Trial

    The fix was in. The U.S. state was determined to demonstrate to the world that its system was able to render “justice” to its captive African/Black population.

    So, unlike in the handful of cases where charges were brought against police officers for killing a Black or Brown person, the prosecutors this time did not pretend to follow the demands of the ill-informed public to bring charges of first degree or second-degree murder that would set a bar for conviction so high, it could not be met. That is a favorite strategy of prosecutors when conviction is not what they are looking for. 

    The prosecutors in the Derek Chauvin case did the opposite. They stacked the charges in a way that would make it impossible to escape a conviction. And everyone fell in line because the stakes were so high. Could the Shining City on the Hill, whose leadership was now associated with the “decent” Democrats, render justice for the killer of George Floyd?

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  • A History Of The Espionage Act And How it Ensnared Julian Assange

    From its earliest years the United States has found ways to deny the rights of a free press when it was politically expedient to do so.

    One of the latest ways was to arrest WikiLeaks publisher Julian Assange two years ago today and to indict him — the first time a publisher and journalist has ever been charged under the 1917 Espionage Act for possessing and publishing state secrets.

    Though several U.S. administrations had come close to punishing journalists for revealing defense information, they all pulled back, until Assange. They were restrained because of a conflict with the First Amendment, which prohibits Congress from passing any law, including the Espionage Act, that abridges press freedom.

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  • The Judicial Persecution Of Steven Donziger

    For some, call them criminal justice ingenues, it may be hard to believe this is happening in the United States, that our famed judiciary has sunk this low. But in the U.S., a judge acts as prosecutor and jury on behalf of a giant oil company, Chevron, as it destroys the life and career of human rights lawyer Steven Donziger. His crime? Daring to win a judgment against Chevron in an Ecuadorian court. For those less enchanted with the U.S. justice system, this is no surprise. But there it is. This judicial travesty is occurring in New York state. And the Chevron friendly judges – first Lewis A. Kaplan and his hand-picked appointee judge Loretta Preska, and now the U.S. court of appeals for the second circuit in a March opinion – keep ruling for the company, as they cage Donziger with house arrest, 600 days so far and counting.

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  • Derek Chauvin And The Myth Of The Impartial Juror

    Did you, or someone close to you, participate in any of the demonstrations or marches against police brutality that took place in Minneapolis after George Floyd’s death?. . . If you participated, did you carry a sign? What did it say?

    These questions were part of the questionnaire given to those summoned to serve as jurors in the trial of Derek Chauvin, the Minneapolis police officer accused of killing George Floyd. Provided that judges and attorneys are willing to take these questions up, they could hold the key for beginning more nuanced conversations about race and the criminal legal system.

    As is well known, the jury selection process is one of the most consequential and contentious phases of the criminal trial.

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  • Why Are Cops Testifying Against Derek Chauvin?

    You could join liberals in celebrating the members of the Minneapolis police force who have testified for the prosecution in the Derek Chauvin murder trial in the past two days, or you could see right through it to what they’re really up to.

    On Thursday, a retired Minneapolis police officer who was a shift supervisor when Chauvin murdered George Floyd and received a call about the arrest from a concerned 911 dispatcher, became the first cop to desert Chauvin on the stand. Sgt. David Ploeger said that once Floyd was no longer offering any resistance, the cops “could’ve ended the restraint.” And he also revealed to jurors that Chauvin did not immediately admit to him that he’d put his knee on Floyd’s neck.

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  • St. Louis Justice Center Inmates Rise Up Again, Demand Hearings

    St. Louis, MO – St. Louis police responded to the city’s downtown jail Sunday night after inmates broke windows, set fires and threw debris onto the street below Sunday night.

    The St. Louis Metropolitan Police Department sent out an all-points bulletin across city police radios Sunday night after inmates on the third floor of the City Justice Center reportedly covered cameras. A short time later, inmates began breaking the windows and throwing things onto the street. At around 9:30 p.m., smoke was pouring out of the broken windows.

    The St. Louis Metropolitan Police Department’s Civil Disturbance Team was among the officers responding to the scene Sunday night.

    By around 10:20, the inmates had moved away from the windows, and police officers could be seen inside the windows looking around with flashlights in hand.

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  • Major Victory In Denver

    Denver, Colorado.  On March 25, 2021, after over nine hours of testimony at a preliminary hearing, Adams County Court Judge Leroy Kirby dismissed the First Degree Attempted Kidnapping charge against Lillian House, Joel Northam, and Eliza Lucero of the Party for Socialism and Liberation (“PSL”). This represents a major step forward in the defense against the political prosecution levied by Aurora police and prosecutors against the leaders of peaceful demonstrations in Aurora this past summer demanding justice for Elijah McClain. The defendants could have faced 12-24 years in prison for this single charge if convicted.

    At the preliminary hearing, the prosecution provided no evidence that any of these protesters committed any act of violence, or barricaded any entrance…

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  • Drone Whistleblower Charged With Violating Espionage Act Pleads Guilty

    Daniel Hale, who blew the whistle on the United States government’s targeted assassination program that includes drones, pled guilty to transmitting and retaining “national defense information” in violation of the Espionage Act.

    The guilty plea by Hale makes him the first whistleblower to be convicted under the Espionage Act during President Joe Biden’s administration.

    A change of plea hearing was held on March 31 in the Eastern District of Virginia, around a week before Hale was scheduled to go to trial.

    Judge Liam O’Grady permitted Hale to remain under supervision by a probation officer until sentencing on July 13.

    Though Hale pled guilty, prosecutors from the Justice Department opposed canceling the trial altogether and refused to dismiss the four remaining charges.

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  • Solidarity With Palestine Activists Being Prosecuted

    On Wednesday, six activists from the Palestine Action campaign appeared at Highbury Magistrates Court charged with conspiracy to commit criminal damage and burglary, in connection with their actions at the London headquarters of Israeli arms company Elbit Systems last year.

    Outside the court room around a dozen protesters representing various groups showed up in solidarity while inside, the judge committed the case to trial at Crown Court.

    Elbit Systems has been the target for direct actions at various sites around the UK, but back in 2016, after their Shenstone factory was closed down by occupiers, the company decided not to appear in court at the last moment and the trial collapsed.

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  • Chauvin’s Lawyers Are Falsely Implying That Drugs Killed George Floyd

    Drugs have long been used to justify racist police-perpetrated violence, and the trial of former police officer Derek Chauvin for the alleged murder of George Floyd on a Minneapolis street corner last May is, thus far, no different.

    In his opening statement in a Minneapolis courtroom on Monday, Chauvin’s defense attorney Eric J. Nelson spoke at length about Floyd’s health problems and drug use in a clear attempt to cast doubt on the prosecution’s central argument: Floyd was killed because Chauvin knelt on his neck for more than nine minutes as Floyd pleaded for mercy and gasped, “I can’t breathe.”

    The prosecution saw this coming from miles away. Attempts by Chauvin’s defense to blame the victim began shortly after Floyd was handcuffed and killed in police custody — an alleged murder that was captured on video before sparking mass protests against racist police violence in Minneapolis and across the nation.

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  • Federal Judge Dismisses Lawsuit Filed By Jewish National Fund Against Palestinian Group

    Washington, DC – A federal judge dismissed a lawsuit filed by the Jewish National Fund (JNF) and others against a U.S.-based Palestinian rights organization. The JNF had accused the US Campaign for Palestinian Rights (USCPR) of engaging in “material support for terrorism,” citing their speech and expressive activity, including their support for the Palestinian Boycott, Divestment and Sanctions movement. The JNF—a quasi-state institution in Israel that acquires and administers land for the sole benefit of the Jewish people—also sought to hold the USCPR liable for their participation in the “Stop the JNF” campaign, an advocacy campaign that sought to highlight the JNF’s own unlawful and discriminatory practices.

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  • Western Media: Prosecuting Coup Leaders Is Worse Than Leading A Coup

    One can imagine an editor of the London-based Guardian (3/17/21) shaking her head sadly as she typed the headline: “Cycle of Retribution Takes Bolivia’s Ex-President From Palace to Prison Cell.”  The subhead told readers, “Jeanine Áñez’s government once sought to jail the country’s former leader Evo Morales for terrorism and sedition—now she faces the same charges.”

    The Guardian article by Tom Phillips wants us to lament an alleged incapacity of Bolivian governments to stop persecuting opponents once they take office.

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  • US Intelligence Community Is Increasingly Involving Itself In Domestic Politics

    A report declassified last Wednesday by the Department of Homeland Security is raising serious concerns about the possibly illegal involvement by the intelligence community in U.S. domestic political affairs.

    Entitled “Domestic Violent Extremism Poses Heightened Threat in 2021,” the March 1 Report from the Director of National Intelligence states that it was prepared “in consultation with the Attorney General and Secretary of Homeland Security—and was drafted by the National Counterterrorism Center (NCTC), Federal Bureau of Investigation (FBI), and Department of Homeland Security (DHS), with contributions from the Central Intelligence Agency (CIA) and the Defense Intelligence Agency (DIA).”

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  • There’s Only One State Where Falling Behind On Rent Could Mean Jail Time

    Arkansas state Rep. Nicole Clowney, D-Fayetteville, introduced a bill Thursday that would repeal the state’s criminal “failure to vacate” statute. First enacted in 1901, the law allows landlords to seek criminal charges, which can result in jail time, for tenants who fall even a single day behind on rent and do not vacate a property within 10 days. Everywhere else in the U.S., evictions are exclusively a civil matter.

    The legislation comes after a ProPublica and Arkansas Nonprofit News Network article in October revealed how criminal charges brought under the statute can snowball into arrest warrants and jail time for tenants. A deputy county prosecutor who criticized the law, saying it essentially criminalizes poverty, was fired for his remarks.

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  • Lula After The Annulment Of Convictions

    “The word ‘give up’ does not exist in my dictionary. I learned from my mother: ‘always struggle,’” affirmed former Brazilian president Luiz Inácio Lula da Silva on Wednesday March 10, in the main office of the ABC Metalworkers’ Union in São Bernardo do Campo in the metropolitan region of São Paulo. His address occurred after the annulment of the sentences against him emitted during the Operation Car Wash case, by the 13th Federal Court of Curitiba, in the state of Paraná. The decision, made on Monday March 8, was published by Minister Edson Fachin of the Supreme Federal Court (STF).

    People voiced their support for the ex-president on social media and by shouting greetings to Lula from their windows in cities like São Paulo.

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  • Black Lives Matter And Blue Lives Matter At Center Of Jury Questionnaire

    Minneapolis, MN – The trial for the cop charged with George Floyd’s murder is gearing up to be the biggest trial of the decade. For Minnesota, it’s the first fully televised criminal trial ever; the state typically doesn’t allow cameras in court.

    As jury selection ensues live on television and social media, we’re all getting an instant look at random survey results of the general public’s views on social issues, something that was intentionally designed by the prosecution and defense. 

    The jury questionnaire, broken up into six parts, includes a total of 69 questions. Two of them have provided a center basis for the questioning: “How favorable or unfavorable are you about Black Lives Matter” and “How favorable or unfavorable are you about Blue Lives Matter.”

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  • Lava Jato Dies, Lula Is Reborn

    On March 8th, Brazilian Supreme Court Minister Edson Fachin dismissed all Lava Jato related charges against former President Luis Inacio Lula da Silva. The ruling came as a surprise to some, since Fachin has been accused of pro-Lava Jato bias in past rulings, and leaked Telegram messages, published by the Intercept in 2019, shows task-force chief Dalton Dallagnol talking about a 45 minute meeting with the Supreme Court Minister, shouting with glee and bragging to fellow prosecutors, “Fachin is ours!“.

    After last month’s Supreme Court ruling, that all 6 terabytes of Telegram conversations obtained by hacker Walter Delgatti in the so called “Operation Spoofing” were admissible as evidence in the Triplex apartment case against Lula, something had to be done to stop the bleeding. As Delgatti said in a recent interview, Dalton Dallagnol never erased any of his chats.

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  • NYT Fails To Examine Its Participation In Brazil’s ‘Biggest Judicial Scandal’

    The Brazilian Supreme Court on March 8 dismissed all charges against former President Luis Inacio “Lula” da Silva made during the Lava Jato investigation, a little over a month after the investigation was officially ended. The termination came shortly after the Supreme Court admitted 6 terabytes of leaked Telegram chats between public prosecutors and judges as evidence in the case.

    A small portion of the leaks, released slowly by the Intercept Brasil and local media partners in 107 articles, revealed that Judge Sergio Moro illegally instructed prosecutors in cases he was ruling on; these leaks also exposed dozens of  secret, illegal meetings with agents of the US FBI. Lula’s defense lawyers have now released new, devastating information, in the context of a series of motions to dismiss.

    In one conversation, Lava Jato taskforce chief Delton Dallagnol refers to Lula’s imprisonment as a gift from the CIA.

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  • KC Tenants’ Month Of Activism Broke The System

    Daniel Halferty was behind on rent. “When I made a partial payment in October, [my landlord] texted me, berating me.”

    Halferty had been hunting for a job since April, but with a history of cancer and traumatic brain injury, he was cautious about finding a job that would be fairly safe from COVID-19. 

    Halferty started his new job at the end of November, and made a payment plan to catch up on past-due rent. That was fine with his landlord, Ellis Real Estate, until Halferty asked to delay just 2 weeks, so he could prevent his utilities from being shut off. Then his landlord stopped communicating.

    “They just cut out all communication to me, and then Christmas Eve, we had the notice from the lawyer on our door that we were going to be sued for $2,925. They had 30 days to collect the payment and get the apartment back.”

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  • First Trial For The Police Murder Of George Floyd Opens

    The opening of the trial of Derek Chauvin, one of the four former Minneapolis, Minnesota, police officers charged in the death of 46-year-old George Floyd, was delayed for at least a day Monday after Hennepin County Judge Peter Cahill postponed jury selection as an appellate court reviews the possible reinstatement of a lesser third-degree murder charge dropped last fall.

    Currently, Chauvin is charged with second-degree murder and manslaughter for his actions last May. Chauvin kneeled on Floyd’s neck for more than nine minutes while he was handcuffed and pinned to the pavement by two other officers. Legal experts suggest a third-degree murder charge would be easier for the prosecution to prove.

    Minnesota law defines third-degree murder as “without intent to effect the death of any person, causing the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life.”

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  • Bayer’s Class Action Settlement Plan Draws Widespread Outrage, Opposition

    More than 90 law firms and more than 160 lawyers have notified a federal court judge overseeing U.S. Roundup litigation that they oppose Monsanto owner Bayer AG’s $2 billion plan to settle future claims the company expects to be brought by people diagnosed with cancer they blame on use of Monsanto’s herbicide products.

    In recent days, nine separate objections to the plan and four amicus briefs have been filed with the U.S. District Court for the Northern District of California, letting Judge Vince Chhabria know the extent of opposition to the proposed class settlement. Chhabria has been overseeing thousands of Roundup cancer lawsuits in what is called ‘multidistrict litigation’ (MDL).

    On Monday, the National Trial Lawyers (NTL) joined in the opposition on behalf of its 14,000 members. The group said in their filing with the court that they agree with the opposition that “the proposed settlement seriously endangers access to justice for millions of people in the proposed class, would prevent Monsanto’s victims from holding it accountable, and would reward Monsanto in numerous respects.”

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  • This Obscure Energy Treaty Is The Greatest Threat To The Planet

    On 4 February the German energy giant RWE announced it was suing the government of the Netherlands. The crime? Proposing to phase out coal from the country’s electricity mix. The company, which is Europe’s biggest emitter of carbon, is demanding €1.4bn in ‘compensation’ from the country for loss of potential earnings, because the Dutch government has banned the burning of coal for electricity from 2030.

    If this sounds unreasonable, then you might be surprised to learn that this kind of legal action is perfectly normal – and likely to become far more commonplace in the coming years.

    RWE is suing under the Energy Charter Treaty (ECT), a little-known international agreement signed without much public debate in 1994. The treaty binds more than 50 countries, and allows foreign investors in the energy sector to sue governments for decisions that might negatively impact their profits – including climate policies.

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  • Defending Standing Rock, Combating State Repression

    On February 3, Standing Rock protester Steve Martinez appeared before a grand jury in North Dakota. The US Attorney’s Office had subpoenaed Steve in an ongoing investigation into a 2016 incident in which another protester, Sophia Wilansky, was gravely injured. After refusing to testify, the Magistrate Judge overseeing the grand jury held Steve in contempt of court and ordered him imprisoned. After nearly three weeks in jail, Steve was released, but the government’s attack on him continues.

    In order to learn more about his case and the broader climate of repression against activists and protestors, I spoke with Lauren Regan, executive director and lead attorney with the Civil Liberties Defense Center in Oregon. The Civil Liberties Defense Center is an organization founded to give legal, educational, and strategic support to social movements that seek to dismantle the political and economic structures at the root of social and environmental destruction.

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  • Protesters Block Intersection In Support Of Jailed Indigenous Elder

    A group of protesters has blocked the port access at Clark and Hastings in Vancouver since Tuesday night.

    The action was organized by Braided Warriors, a newly formed group, made up of Indigenous youth from many Nations, who fights for Indigenous sovereignty mostly on the unceded territories of the Səl̓ílwətaʔ (Tsleil-Waututh), Sḵwx̱wú7mesh (Squamish), and xʷməθkʷəy̓əm (Musqueam) nations. The group is calling for the release of Indigenous elder Stacy Gallagher who was sentenced to 90 days in jail Tuesday.

    Gallagher was handed the sentence in B.C. Supreme Court on Tuesday by judge Shelley Fitzpatrick for violating an injunction that bars people from protests at Trans Mountain sites in Burnaby. It was at the Burnaby tank farm in 2019 where Gallagher took part in a smudging ceremony and was subsequently apprehended and charged.

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  • Black Mass Incarceration In The So-Called Free State

    Maryland holds itself up as a progressive state when it comes to criminal justice, but a recent report highlights a stark reality: Maryland incarcerates Black people at more than twice the national rate. Until recently, the horrifyingly unjust reality of America’s mass incarceration system has not been a central concern in popular political discourse. In […]

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  • New Report: Judge, Jury And Occupier

    Israel’s military occupation of Palestinian land is now in its 54th year. Throughout this time Palestinians have never stopped fighting for their inalienable rights; rights denied to them by the systemic and daily violence of occupation. This violence is manifested in settlements, checkpoints, the Apartheid Wall – and in Israel’s farreaching system of military rule in the West Bank, enforced by military courts and prisons: the topic of this report.

    As of January 2021, Israel holds 4,500 Palestinians as political prisoners, 450 of whom are held in administrative detention, and 140 of whom are children. Like hundreds of thousands of Palestinians before them, they have either been sentenced in Israel’smilitary courts run entirely by Israeli military personnel; or in the case of administrative detainees, imprisoned without charge or trial. Their imprisonment ‘offences’ include possession of political pamphlets, holding political meetings, and participating in peaceful demonstrations.

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  • The Carceral Force Of Prosecutor Associations, Explained

    The California District Attorneys Association (CDAA), a statewide advocacy group, misappropriated almost $3 million that was earmarked to support public interest advocacy, and instead used it for general expenses including lobbying, according to a recent audit. The state attorney general’s office is currently reviewing the audit, but whether the CDAA’s misappropriation of funds results in criminal charges or other state action, the findings are remarkable and especially newsworthy because the CDAA is an organization of prosecutors—the chief county law enforcement officers in the state, and those primarily responsible for the day-to-day functions of the state’s criminal legal system. 

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  • I’m On Hunger Strike In Guantánamo

    There are very few freedoms at Guantánamo Bay prison, where I have been held without charge or trial — referred to as Guantánamo ISN 1461 — for over 16 years. The right to starve myself is one of them, but even then, they force-feed me, to spare themselves the embarrassment of my death.

    Back in Pakistan, before I was kidnapped and tortured and flown halfway around the world in chains, I loved cooking. There is nothing more satisfying than preparing a hot meal for your family and sharing it with them. Here, I am allowed to cook for my fellow prisoners, but only in a microwave, and the guards could take even that away at any time. I never eat the food myself. I have been on hunger strike for seven years in protest at my indefinite detention.

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  • Activists Who Forced Elijah McClain Investigation Face Retaliation

    People all over the country are learning about the explosive new report just out in Aurora, CO which concluded that the Aurora Police’s entire encounter with Elijah McClain which ended in his death was unjustified. What is not being talked about in most media coverage is that the organizers who led the massive peaceful protests which forced this report to be commissioned are still facing as many as 48 years in prison.

    The city of Aurora commissioned the independent investigation that produced the report on July 20, 2020 under the pressure of massive peaceful protests demanding accountability for the murder of Elijah McClain. Peaceful protests of unprecedented scale swept Aurora on June 27, July 3, and July 12.

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