npr--2020-09-18--Watchdog To Review Nonlethal Tactics Against Protesters, Including 'Heat Ray' Request

The Government Accountability Office is investigating the Pentagon 's interest in deploying a `` heat ray '' to control crowds around the White House , part of a broader review of the tactics and use of nonlethal weapons that have been leveled against social justice protesters this summer , NPR has learned .
Sen. Tammy Duckworth , D-Ill. , requested the independent review in early June , just days after federal police cleared peaceful protesters from Lafayette Square , outside the White House , with tear gas and smoke .
The GAO , a nonpartisan government watchdog , told members @ @ @ @ @ @ @ a June 29 letter obtained by NPR that it would review matters `` related to the less-lethal weapons and tactics in response to civil disturbances . ''
The request has since taken on new urgency in the wake of news first reported by NPR that Washington , D.C. 's top military police officer had been looking for an Active Denial System , or ADS , just hours before federal police cleared the square on June 1 .
The ADS is a kind of `` heat ray '' device that when aimed at an @ @ @ @ @ @ @ .
A spokesperson for Joint Force Headquarters-National Capital Region confirmed to NPR that the command made the request on June 1 , but he said that it came `` as a matter of due diligence and prudent military planning '' and the command never secured the system .
`` I am alarmed by reports that military police considered using a 'heat ray ' device — which has never been used aside from testing purposes due to safety concerns , '' Duckworth , a combat veteran who served in the Reserve Forces for 23 @ @ @ @ @ @ @ to questions posed by NPR .
`` While I understand that the military must prepare for any possible scenario when planning operations , they must also avoid unnecessary escalation and ensure that their use of 'less-lethal weapons ' are appropriate , effective and humane . ''
The GAO 's latest review will likely examine the use of nonlethal weapons across a roster of agencies , including the departments of Homeland Security , Justice and Defense , according to Duckworth 's office .
`` The work is just getting underway , '' Chuck Young @ @ @ @ @ @ @ , told NPR in an email confirming the investigation .
`` So while we expect to cover numerous agencies , the final scope of what we will cover is still being determined . ''
The GAO has waded into this space before .
In 2009 , it looked at the Pentagon 's Joint Non-Lethal Weapons Program and found fault with many of the agency 's operations , including the way it fielded weapons without properly testing them and its spending decisions on systems that ultimately did n't work .
In the earlier report @ @ @ @ @ @ @ particularly problematic and wrote that the Department of Defense 's `` policy for employment of directed-energy NLW [ nonlethal weapons ] such as the Active Denial System is incomplete . ''
At the time , the Pentagon seemed torn about the system .
The undersecretary for policy appeared to like the idea of a nonlethal weapon such as the ADS but had `` deemed the system politically untenable for detainee operations . ''
The report also noted that the Joint Non-Lethal Weapons Program executive agent terminated efforts to deploy the existing Active Denial @ @ @ @ @ @ @ trying to find ways to deploy the system in the United States , possibly at the southern border .
Last month , The New York Times reported that U.S. border officials weighed deploying the so-called heat ray against migrants a few weeks before the 2018 elections .
The Times reported that Kirstjen Nielsen , then secretary of homeland security , told an aide after the meeting `` that she would not authorize the use of such a device , and that it should never be brought up again in her presence . ''
@ @ @ @ @ @ @ note about this entire class of weapons .
`` DOD [ Department of Defense ] lacks a clear methodology for estimating the human effects of non-lethal weapons , '' it said .
Duckworth said that 's why the GAO needs to do another review .
`` These weapons can cause significant injury , including deep bruises , broken bones and respiratory damage even though they are intended to only cause minimal harm , '' she told NPR .
`` Use of these weapons should be appropriate , effective and humane , which is @ @ @ @ @ @ @ GAO on this vital oversight to help make sure deficiencies in the training and use of these weapons in real-life situations by federal law enforcement are identified . ''

Watchdog To Review Nonlethal Tactics Against Protesters, Including 'Heat Ray' Request
Enlarge this image toggle caption Olivier Douliery/AFP via Getty Images Olivier Douliery/AFP via Getty Images
The Government Accountability Office is investigating the Pentagon's interest in deploying a "heat ray" to control crowds around the White House, part of a broader review of the tactics and use of nonlethal weapons that have been leveled against social justice protesters this summer, NPR has learned.
Sen. Tammy Duckworth, D-Ill., requested the independent review in early June, just days after federal police cleared peaceful protesters from Lafayette Square, outside the White House, with tear gas and smoke. The GAO, a nonpartisan government watchdog, told members of the Senate Armed Services Committee in a June 29 letter obtained by NPR that it would review matters "related to the less-lethal weapons and tactics in response to civil disturbances."
The request has since taken on new urgency in the wake of news first reported by NPR that Washington, D.C.'s top military police officer had been looking for an Active Denial System, or ADS, just hours before federal police cleared the square on June 1.
The ADS is a kind of "heat ray" device that when aimed at an individual gives the sensation of burning skin. A spokesperson for Joint Force Headquarters-National Capital Region confirmed to NPR that the command made the request on June 1, but he said that it came "as a matter of due diligence and prudent military planning" and the command never secured the system.
"I am alarmed by reports that military police considered using a 'heat ray' device — which has never been used aside from testing purposes due to safety concerns," Duckworth, a combat veteran who served in the Reserve Forces for 23 years, said in a written response to questions posed by NPR.
"While I understand that the military must prepare for any possible scenario when planning operations, they must also avoid unnecessary escalation and ensure that their use of 'less-lethal weapons' are appropriate, effective and humane."
GAO previously found policy for deploying ADS "incomplete"
The GAO's latest review will likely examine the use of nonlethal weapons across a roster of agencies, including the departments of Homeland Security, Justice and Defense, according to Duckworth's office.
"The work is just getting underway," Chuck Young, managing director of GAO public affairs, told NPR in an email confirming the investigation. "So while we expect to cover numerous agencies, the final scope of what we will cover is still being determined."
The GAO has waded into this space before. In 2009, it looked at the Pentagon's Joint Non-Lethal Weapons Program and found fault with many of the agency's operations, including the way it fielded weapons without properly testing them and its spending decisions on systems that ultimately didn't work.
In the earlier report, the GAO singled out ADS as particularly problematic and wrote that the Department of Defense's "policy for employment of directed-energy NLW [nonlethal weapons] such as the Active Denial System is incomplete."
At the time, the Pentagon seemed torn about the system. The undersecretary for policy appeared to like the idea of a nonlethal weapon such as the ADS but had "deemed the system politically untenable for detainee operations." The report also noted that the Joint Non-Lethal Weapons Program executive agent terminated efforts to deploy the existing Active Denial System overseas in 2008, and was trying to find ways to deploy the system in the United States, possibly at the southern border.
Last month, The New York Times reported that U.S. border officials weighed deploying the so-called heat ray against migrants a few weeks before the 2018 elections. The Times reported that Kirstjen Nielsen, then secretary of homeland security, told an aide after the meeting "that she would not authorize the use of such a device, and that it should never be brought up again in her presence."
The 2009 GAO report struck a cautionary note about this entire class of weapons. "DOD [Department of Defense] lacks a clear methodology for estimating the human effects of non-lethal weapons," it said.
Duckworth said that's why the GAO needs to do another review.
"These weapons can cause significant injury, including deep bruises, broken bones and respiratory damage even though they are intended to only cause minimal harm," she told NPR. "Use of these weapons should be appropriate, effective and humane, which is why I look forward to working with GAO on this vital oversight to help make sure deficiencies in the training and use of these weapons in real-life situations by federal law enforcement are identified."


npr--2020-09-18--A Firefighter Is Killed In California Wildfire Sparked By Gender Reveal Party

A Firefighter Is Killed In California Wildfire Sparked By Gender Reveal Party A firefighter was killed Thursday in California 's El Dorado Fire , according to officials at the San Bernardino National Forest .
`` Our deepest sympathies are with the family , friends and fellow firefighters during this time , '' forest officials said in a statement .
The cause is under investigation , and the name of the firefighter is being withheld until the notification of next of kin .
Dozens of wildfires are burning in the West Coast , ravaging homes and burning more than 3 million @ @ @ @ @ @ @ state alone .
The El Dorado Fire was caused by a smoke-generating device used during a gender reveal party two weeks ago , according to the California Department of Forestry and Fire Protection , or Cal Fire .
An expectant couple in Yucaipa set off fireworks to reveal the sex of their child , a popular — but dangerous — trend for expectant parents .
The fire is now 66 % contained , but it has scorched more than 21 , ooo acres in the Yucaipa area , about 70 miles east of @ @ @

A Firefighter Is Killed In California Wildfire Sparked By Gender Reveal Party
Enlarge this image toggle caption Ringo H.W. Chiu/AP Ringo H.W. Chiu/AP
A firefighter was killed Thursday in California's El Dorado Fire, according to officials at the San Bernardino National Forest.
"Our deepest sympathies are with the family, friends and fellow firefighters during this time," forest officials said in a statement. The cause is under investigation, and the name of the firefighter is being withheld until the notification of next of kin.
Dozens of wildfires are burning in the West Coast, ravaging homes and burning more than 3 million acres in Oregon, California and Washington state alone.
The El Dorado Fire was caused by a smoke-generating device used during a gender reveal party two weeks ago, according to the California Department of Forestry and Fire Protection, or Cal Fire. An expectant couple in Yucaipa set off fireworks to reveal the sex of their child, a popular — but dangerous — trend for expectant parents.
The fire is now 66% contained, but it has scorched more than 21,ooo acres in the Yucaipa area, about 70 miles east of Los Angeles.


npr--2020-09-18--Poll: Biden Maintains Lead Over Trump With Likely Voters

Poll : Biden Maintains Lead Over Trump With Likely Voters Former Vice President Joe Biden continues to lead President Trump in the 2020 presidential election nationally by a substantial margin , according to the latest NPR/PBS NewsHour/Marist poll .
Biden leads Trump by 9 points , 52 % to 43 % , among likely voters , the survey finds .
This is the first time this election cycle the poll has screened for likely voters — this narrower group is the most likely to actually cast a ballot , compared to the larger group of people who are registered to @ @ @ @ @ @ @ from registered voters , however .
Among them , Biden leads Trump , 52 % to 42 % .
That 's mostly unchanged from last month in the survey taken just before the party conventions began , a reflection of how remarkably consistent this race has been in national polling .
Of course , the election will be determined in key states that make up the Electoral College rather than in a national popular vote .
When third-party candidates are included , it remains about the same .
In a four-way race , @ @ @ @ @ @ @ nominee Howie Hawkins , Biden leads Trump by a slightly lower 49 % to 42 % .
Jorgensen pulls in 5 % , while Hawkins gets 2 % .
Hawkins , however , has been rejected from the presidential ballot in some key states , including Wisconsin and Pennsylvania .
Against Trump , Biden shows strength among white voters with a college degree , especially white women ; women overall ; young voters ; and those who live in cities and suburbs .
Trump 's strengths are with white evangelicals ; whites without @ @ @ @ @ @ @ one ; and those who live in rural areas or small towns .
With likely independent voters , Biden leads by 21 points , 57 % to 36 % .
Trump won independents by 4 points in 2016 .
Notably , like in August 's survey , Biden is again recording record support with white voters for a Democratic presidential candidate .
Biden is getting 49 % of white likely voters compared to 48 % for Trump .
No Democratic presidential candidate has earned that much support with white voters in the past @ @ @ @ @ @ @ likely voters who are 65 and older , 51 % to 47 % , a reversal from 2016 when Trump won them , 52 % -45 % , according to exit polls .
But a warning sign for Biden : He is underperforming with likely voters of color .
While he leads Trump 60 % to 34 % with nonwhites , that 's a smaller margin than the 74 % to 21 % Democrat Hillary Clinton won with them in 2016 .
The survey researchers also found that Americans ' votes are pretty @ @ @ @ @ @ @ voters were persuadable in the survey , measured as those who are undecided or who support a candidate but might vote differently .
The poll , conducted from Sept. 11 through 16 , surveyed 1,152 adults by cell phone and landline for a margin of error of +/-3.5 percentage points .
There were 964 registered voters in the poll for a margin of error of +/- 4 percentage points and 723 likely voters with a margin of error of +/- 4.3 percentage points .

Poll: Biden Maintains Lead Over Trump With Likely Voters
Enlarge this image toggle caption Drew Angerer/Getty Images Drew Angerer/Getty Images
Former Vice President Joe Biden continues to lead President Trump in the 2020 presidential election nationally by a substantial margin, according to the latest NPR/PBS NewsHour/Marist poll.
Biden leads Trump by 9 points, 52% to 43%, among likely voters, the survey finds. This is the first time this election cycle the poll has screened for likely voters — this narrower group is the most likely to actually cast a ballot, compared to the larger group of people who are registered to vote.
There isn't much change from registered voters, however. Among them, Biden leads Trump, 52% to 42%. That's mostly unchanged from last month in the survey taken just before the party conventions began, a reflection of how remarkably consistent this race has been in national polling. Of course, the election will be determined in key states that make up the Electoral College rather than in a national popular vote.
When third-party candidates are included, it remains about the same. In a four-way race, adding Libertarian Jo Jorgensen and Green Party nominee Howie Hawkins, Biden leads Trump by a slightly lower 49% to 42%. Jorgensen pulls in 5%, while Hawkins gets 2%. Hawkins, however, has been rejected from the presidential ballot in some key states, including Wisconsin and Pennsylvania.
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Against Trump, Biden shows strength among white voters with a college degree, especially white women; women overall; young voters; and those who live in cities and suburbs.
Trump's strengths are with white evangelicals; whites without a degree, especially white men without one; and those who live in rural areas or small towns.
With likely independent voters, Biden leads by 21 points, 57% to 36%. Trump won independents by 4 points in 2016.
Notably, like in August's survey, Biden is again recording record support with white voters for a Democratic presidential candidate. Biden is getting 49% of white likely voters compared to 48% for Trump.
No Democratic presidential candidate has earned that much support with white voters in the past five decades.
Biden also leads with likely voters who are 65 and older, 51% to 47%, a reversal from 2016 when Trump won them, 52%-45%, according to exit polls.
But a warning sign for Biden: He is underperforming with likely voters of color. While he leads Trump 60% to 34% with nonwhites, that's a smaller margin than the 74% to 21% Democrat Hillary Clinton won with them in 2016.
(There were too few likely voters to report a breakout of African Americans and Latinos in this survey without the margin of error being too high, but the pollsters noted that the decreased margin for Biden was because of a weakness with Latinos.)
The survey researchers also found that Americans' votes are pretty locked in. Just 6% of voters were persuadable in the survey, measured as those who are undecided or who support a candidate but might vote differently.
Methodology
The poll, conducted from Sept. 11 through 16, surveyed 1,152 adults by cell phone and landline for a margin of error of +/-3.5 percentage points. There were 964 registered voters in the poll for a margin of error of +/- 4 percentage points and 723 likely voters with a margin of error of +/- 4.3 percentage points.


npr--2020-09-18--Map: Mail-In Voting Rules By State

Map: Mail-In Voting Rules By State

In response to the coronavirus pandemic , dozens of states have modified their rules for absentee voting in November 's elections .
Some of those changes are more substantial than others .
California , Nevada , New Jersey and Vermont , along with Washington , D.C. , are sending mail-in ballots to all voters , joining the handful of states that conduct all-mail elections .
In Montana , individual counties are now authorized to send voters ballots .
And many more states are mailing voters absentee ballot applications .
There 's also been a big expansion in who can vote @ @ @ @ @ @ @ Hampshire and New York , have suspended the need for an excuse to obtain an absentee ballot , or said fear of contracting COVID-19 while voting is a valid excuse .
Other states have altered deadlines and/or loosened rules for submitting an absentee ballot .
In Virginia , for instance , an absentee ballot wo n't need a witness signature .
The map above gives a broad overview of mail-in voting procedures for each state .
We 'll update the map with any further changes , but be sure to check with your @ @ @ @ @ @ @ voting information .
Changes to the map since its publish : -- Sept. 16 : South Carolina 's new law allows all voters to vote absentee .
-- Sept. 17 : Minnesota agrees to send absentee ballot applications to all voters .
This map was originally published on Sept. 14 .

Map: Mail-In Voting Rules By State — And The Deadlines You Need
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In response to the coronavirus pandemic, dozens of states have modified their rules for mail-in voting in November's elections.
Some of those changes are more substantial than others.
California, Nevada, New Jersey and Vermont, along with Washington, D.C., are sending mail-in ballots to all voters, joining the handful of states that conduct all-mail elections. In Montana, individual counties are now authorized to send voters ballots. And many more states are mailing voters absentee ballot applications.
There's also been a big expansion in who can vote absentee. Many states, including New Hampshire and New York, have suspended the need for an excuse to obtain an absentee ballot, or said fear of contracting COVID-19 while voting is a valid excuse.
Other states have altered deadlines and/or loosened rules for submitting an absentee ballot. Some states — often as the result of litigation — have said mail-in ballots only need to be postmarked by Election Day, rather than received by then. And in Virginia, for instance, an absentee ballot won't need a witness signature.
The graphic above gives a broad overview of mail-in voting procedures for each state and some basic deadlines voters should know.
Here are a few caveats as you look up your state's information:
Many states have options for voter registration, perhaps at specific locations, even after the statewide deadline.
In states that have early voting, the dates often vary by county, or can be on weekdays and not weekends.
If your state has no true early voting period, you can likely still drop-off an absentee ballot early.
In short, the voting rules and procedures vary widely, so be sure to check with your state for the most detailed and up-to-date information.
With (lots of) research help by Washington Desk editorial assistant Elena Moore. This map was originally published on Sept. 14.


npr--2020-09-19--France Encourages Use Of Transparent Masks To Help Those With Hearing Loss

France Encourages Use Of Transparent Masks To Help Those With Hearing Loss Suzy Margueron , a retiree in Paris , usually walks five miles a day , so she knew something was wrong when she barely had the energy to make it to the grocery store in the spring .
As it turned out , she was infected with COVID-19 .
She spent a week collapsed on her couch in March .
Even after recovering , the effects of the pandemic continue to create particular challenges for her .
That 's because Margueron lost nearly all of her hearing as @ @ @ @ @ @ @ communicate with people wearing face masks makes daily life exceedingly difficult .
`` It 's a drama for all the hard-of-hearing people , '' she explains .
`` I can hear your voice and understand you if I can read your lips .
But if you have a mask , I ca n't understand anything .
It 's horrible .
I must guess .
All the time , I must guess . ''
Face masks are now ubiquitous in France .
They 're mandatory indoors and outside in many cities like Paris .
@ @ @ @ @ @ @ spread of the coronavirus .
But they make everyday tasks like grocery shopping challenging for people who are deaf and hard of hearing .
Most communicate via written and spoken French , as opposed to a much smaller number who rely on sign language .
With 6 million people — some 10 % of the population — malentendant , or hard of hearing , in France , the government has been pushing to find a solution .
Since the spring , the government has encouraged companies to produce more transparent masks , and @ @ @ @ @ @ @ the cost difference between making a regular mask and a transparent mask .
In her office , Sophie Cluzel , the secretary of state in charge of disability issues , demonstrates one of the transparent masks whose production the government is encouraging .
The protection , also known in France as an `` inclusive mask , '' consists of a clear plastic panel stitched between two pieces of fabric .
Breathable material covers the nostrils , but the mouth is visible .
`` It 's a protection , but it 's also a @ @ @ @ @ @ @ .
`` And now we have three that have passed all the tests and can be produced in France .
Like this , we can equip , for example , teachers who have deaf pupils — or speech therapists , they need it .
But they 're also good just to see the smile , for example , when you 're an old person . ''
Cluzel says for now , the transparent masks are expensive — around $ 12 each — but they can be washed 25 times .
And when production @ @ @ @ @ @ @ come down .
The French government hopes that 100,000 masks will soon be produced every month .
Since the first days of the pandemic , when the country did not have enough masks , gowns and other personal protective equipment , the French government has made it a priority to keep control over the production of sanitary supplies .
Margueron , who advocates for people like herself with hearing loss , likes to gather with friends in Paris ' Luxembourg Gardens , where they can take off their masks and speak freely .
@ @ @ @ @ @ @ the difficulty of life with face masks .
Françoise de Brugada says even health care professionals like pharmacists sometimes refuse to lift their masks , even though they are behind a protective plastic barrier .
Brugada says difficulties in comprehension are not just about reading lips .
`` It 's all the muscles of the face , and the eyes and the nose and the expressions , '' she says .
`` You can see all that moving , and it makes you understand much more . ''
Everyone in this group in @ @ @ @ @ @ @ .
But they say it 's others who need to wear them .
Christophe Bertrand is trying to make that happen with an affordable see-through mask .
His Simon company , which normally produces other plastic products such as cases and folders , has patented a transparent mask with prices ranging between 25 cents and 40 cents each .
Bertrand has sold 25,000 transparent masks to customers in France , and is waiting for European Union health standards approval to market the masks worldwide .
The mask , he says , is made @ @ @ @ @ @ @ `` The advantage to be manufactured out of only one single material is that our mask is also recyclable , '' he says .
Bertrand believes that see-through masks can be an advantage for everyone .
By allowing people to see each other 's faces , he says , these masks help maintain the human connection needed to get through this pandemic .

France Encourages Use Of Transparent Masks To Help Those With Hearing Loss
Enlarge this image toggle caption Eleanor Beardsley/NPR Eleanor Beardsley/NPR
Suzy Margueron, a retiree in Paris, usually walks five miles a day, so she knew something was wrong when she barely had the energy to make it to the grocery store in the spring. As it turned out, she was infected with COVID-19. She spent a week collapsed on her couch in March.
Even after recovering, the effects of the pandemic continue to create particular challenges for her. That's because Margueron lost nearly all of her hearing as a young woman — and trying to communicate with people wearing face masks makes daily life exceedingly difficult.
Enlarge this image toggle caption Eleanor Beardsley/NPR Eleanor Beardsley/NPR
"It's a drama for all the hard-of-hearing people," she explains. "I can hear your voice and understand you if I can read your lips. But if you have a mask, I can't understand anything. It's horrible. I must guess. All the time, I must guess."
Face masks are now ubiquitous in France. They're mandatory indoors and outside in many cities like Paris. Masks have proven effective in stopping the spread of the coronavirus. But they make everyday tasks like grocery shopping challenging for people who are deaf and hard of hearing. Most communicate via written and spoken French, as opposed to a much smaller number who rely on sign language.
With 6 million people — some 10% of the population — malentendant, or hard of hearing, in France, the government has been pushing to find a solution.
Since the spring, the government has encouraged companies to produce more transparent masks, and in some cases has subsidized some of the cost difference between making a regular mask and a transparent mask.
Enlarge this image toggle caption Eleanor Beardsley/NPR Eleanor Beardsley/NPR
In her office, Sophie Cluzel, the secretary of state in charge of disability issues, demonstrates one of the transparent masks whose production the government is encouraging. The protection, also known in France as an "inclusive mask," consists of a clear plastic panel stitched between two pieces of fabric. Breathable material covers the nostrils, but the mouth is visible.
"It's a protection, but it's also a communication tool," Cluzel tells NPR. "And now we have three that have passed all the tests and can be produced in France. Like this, we can equip, for example, teachers who have deaf pupils — or speech therapists, they need it. But they're also good just to see the smile, for example, when you're an old person."
Cluzel says for now, the transparent masks are expensive — around $12 each — but they can be washed 25 times. And when production increases, she says, prices will come down. The French government hopes that 100,000 masks will soon be produced every month.
Enlarge this image toggle caption Eleanor Beardsley/NPR Eleanor Beardsley/NPR
Since the first days of the pandemic, when the country did not have enough masks, gowns and other personal protective equipment, the French government has made it a priority to keep control over the production of sanitary supplies.
Margueron, who advocates for people like herself with hearing loss, likes to gather with friends in Paris' Luxembourg Gardens, where they can take off their masks and speak freely.
On a recent day, they recount the difficulty of life with face masks. Françoise de Brugada says even health care professionals like pharmacists sometimes refuse to lift their masks, even though they are behind a protective plastic barrier.
Brugada says difficulties in comprehension are not just about reading lips.
"It's all the muscles of the face, and the eyes and the nose and the expressions," she says. "You can see all that moving, and it makes you understand much more."
Everyone in this group in the Luxembourg Gardens has a transparent mask. But they say it's others who need to wear them.
Enlarge this image toggle caption Eleanor Beardsley/NPR Eleanor Beardsley/NPR
Christophe Bertrand is trying to make that happen with an affordable see-through mask. His Simon company, which normally produces other plastic products such as cases and folders, has patented a transparent mask with prices ranging between 25 cents and 40 cents each.
Bertrand has sold 25,000 transparent masks to customers in France, and is waiting for European Union health standards approval to market the masks worldwide.
The mask, he says, is made of one sheet of transparent plastic. "The advantage to be manufactured out of only one single material is that our mask is also recyclable," he says.
Bertrand believes that see-through masks can be an advantage for everyone. By allowing people to see each other's faces, he says, these masks help maintain the human connection needed to get through this pandemic.


npr--2020-09-19--Judge Refers Prosecutors For Possible DOJ Investigation In Rebuke Over Botched Case

Judge Refers Prosecutors For Possible DOJ Investigation In Rebuke Over Botched Case Prosecutors in New York have some required reading to do : a scathing opinion from a federal judge who identified a stream of mistakes and misconduct in a prosecution gone bad .
U.S. District Judge Alison Nathan directed the U.S. attorney 's office in the Southern District of New York to ensure that all of its prosecutors read her decision .
But the matter wo n't end there .
The judge also said she would continue to explore whether prosecutors and FBI agents intentionally misled her about the @ @ @ @ @ @ @ the government team for a separate probe by the Justice Department office that polices attorney wrongdoing .
`` With each misstep , the public faith in the criminal justice system further erodes , '' Nathan wrote .
Continued the judge : `` With each document wrongfully withheld , an innocent person faces the chance of wrongful conviction .
And with each unforced government error , the likelihood grows that a reviewing court will be forced to reverse a conviction or even dismiss an indictment , resulting in wasted resources , delayed justice , @ @ @ @ @ @ @ unpunished . ''
The prosecution of Ali Sadr Hashemi Nejad , who was charged with violating American sanctions laws against Iran , unspooled in slow motion this year .
Prosecutors convicted him after a two-week trial as the pandemic shuttered New York City .
Then , a few months later , they abandoned their own court victory amid allegations they withheld evidence from the defense that might have meant the case was thrown out years earlier .
Sadr 's attorneys said the government had deprived him of a fair trial .
`` Had @ @ @ @ @ @ @ court recognized that the trial might have been avoided altogether , '' said lawyers Reid Weingarten and Brian Heberlig .
Now , it 's the government team that 's under scrutiny .
A spokesman for the U.S. attorney 's office confirmed that all the prosecutors in the office received Nathan 's ruling via email .
They are required to certify they have read the 42-page decision by Monday .
The judge described , in painstaking detail , multiple lapses by the government before , during and after the trial .
Two of the @ @ @ @ @ @ @ start of the investigation , and behavior in the middle of trial .
The entire case started with the Manhattan District Attorney , who subpoenaed Sadr 's emails as part of a state-led probe .
Later , the D.A .
's office passed them to the FBI .
Federal agents then apparently used the messages to interview crucial witnesses in their investigation , and federal prosecutors ultimately pursued the case .
The judge said that likely amounted to a violation of the law since the government went beyond the bounds of the language @ @ @ @ @ @ @ after the trial concluded in March 2020 , prosecutors turned over emails in which they had discussed whether to `` bury '' evidence in a stack of other documents they were providing Sadr 's defense attorneys .
Specifically , one key email message described how one of the prosecutors found out mid-trial that an important document had n't been turned over to the defense , suggesting : `` I 'm wondering if we should wait until tomorrow and bury it in some other documents . ''
Judge Nathan said she still was n't @ @ @ @ @ @ @ about all that , suggesting that the government did , in fact , bury the papers amid a stack of other material .
She wants the lawyers to explain themselves to her , in writing and under oath , by next month .
`` Several of these issues , both new and old , suggest patterns that may extend beyond this case and require systemic solutions , '' the judge wrote .
Nathan identified 14 lawyers who cycled in and out of the case , breakdowns in communication between attorneys and FBI agents @ @ @ @ @ @ @ The lawyers for the government said in their earlier explanation they had n't actually `` buried '' the material in question , despite the use of that phrase , because it was included in submissions to the defense handed over a day later .
Nathan was n't mollified and it did n't help that authorities had violated their disclosure obligations in an earlier case in front her — and had promised her it would n't happen again .
`` [ T ] he manifold problems that have arisen throughout this prosecution -- and @ @ @ @ @ @ @ countless others — cry out for a coordinated , systemic response from the highest levels of leadership within the United States Attorney 's Office for the Southern District of New York , '' the judge wrote .

Judge Refers Prosecutors For Possible DOJ Investigation In Rebuke Over Botched Case
Enlarge this image toggle caption J. David Ake/AP J. David Ake/AP
Prosecutors in New York have some required reading to do: a scathing opinion from a federal judge who identified a stream of mistakes and misconduct in a prosecution gone bad.
U.S. District Judge Alison Nathan directed the U.S. Attorney's Office for the Southern District of New York to ensure that all of its prosecutors read her decision.
But the matter won't end there.
The judge also said she would continue to explore whether prosecutors and FBI agents intentionally misled her about the case. She referred other members of the government team for a separate probe by the Justice Department office that polices attorney wrongdoing.
"With each misstep, the public faith in the criminal justice system further erodes," Nathan wrote.
Continued the judge: "With each document wrongfully withheld, an innocent person faces the chance of wrongful conviction. And with each unforced government error, the likelihood grows that a reviewing court will be forced to reverse a conviction or even dismiss an indictment, resulting in wasted resources, delayed justice, and individuals guilty of crimes potentially going unpunished."
The prosecution of Ali Sadr Hashemi Nejad, who was charged with violating American sanctions against Iran, unspooled in slow motion this year.
Prosecutors convicted him after a two-week trial as the pandemic shuttered New York City. But a few months later, they abandoned their own court victory amid allegations they withheld evidence from the defense that might have gotten the case thrown out years earlier.
Sadr's attorneys said the government had deprived him of a fair trial.
"Had prosecutors disclosed the true facts, the court recognized that the trial might have been avoided altogether," said lawyers Reid Weingarten and Brian Heberlig.
Prosecutors remonstrated
Now, it's the government team that's under scrutiny. A spokesman for the U.S. Attorney's Office confirmed that all the prosecutors in the office received Nathan's ruling via email. They are required to certify they have read the 42-page decision by Monday.
The judge described, in painstaking detail, multiple lapses by the government before, during and after the trial. Two of the most serious involve conduct at the very start of the investigation, and behavior in the middle of trial.
The entire case started with the Manhattan District Attorney, who subpoenaed Sadr's emails as part of a state-led probe. Later, the DA's office passed them to the FBI.
Federal agents then apparently used the messages to interview crucial witnesses in their investigation, and federal prosecutors ultimately pursued the case. The judge said that doing so likely amounted to a violation of the law since the government went beyond the bounds of the language in the warrants.
Later, long after the trial concluded in March 2020, prosecutors turned over emails in which they had discussed whether to "bury" evidence in a stack of other documents they were providing Sadr's defense attorneys.
Specifically, one key email message described how one of the prosecutors found out midtrial that an important document hadn't been turned over to the defense, suggesting: "I'm wondering if we should wait until tomorrow and bury it in some other documents."
Judge Nathan said she still wasn't certain that the prosecutors had come clean about all that, suggesting that the government did, in fact, bury the papers in a stack of other material. She wants the lawyers to explain themselves to her, in writing and under oath, by next month.
"Several of these issues, both new and old, suggest patterns that may extend beyond this case and require systemic solutions," the judge wrote.
Nathan identified 14 lawyers who cycled in and out of the case, breakdowns in communication between attorneys and FBI agents, and insufficient or shoddy supervision.
The lawyers for the government said in their earlier explanation they hadn't actually "buried" the material in question, despite the use of that phrase, because it was included in submissions to the defense handed over a day later.
Nathan wasn't mollified, and it didn't help that authorities had violated their disclosure obligations in an earlier case in front her — and had promised her it wouldn't happen again.
"[T]he manifold problems that have arisen throughout this prosecution — that may well have gone undetected in countless others — cry out for a coordinated, systemic response from the highest levels of leadership within the United States Attorney's Office for the Southern District of New York," the judge wrote.


npr--2020-09-19--Ginsburg's Death Is A Major Cultural Moment That's About To Upend Politics Again

Ginsburg 's Death Is A Major Cultural Moment That 's About To Upend Politics Again The death of Ruth Bader Ginsburg is a major cultural moment and has potential implications for the next generation of American society .
Just look at the images of people who crowded the Supreme Court 's steps Friday night after news of her death broke .
The Supreme Court has n't been this conservative in three-quarters of a century , and if President Trump nominates a replacement for her seat , and he or she is confirmed , it would move the court even further @ @ @ @ @ @ @ liberals to take control of for a very long time .
Senate Majority Leader Mitch McConnell is vowing to bring a Trump nominee to the Senate floor for a vote — despite his denial of even a hearing for then-President Barack Obama 's 2016 Supreme Court nominee , with far more time to go until the election .
It 's unclear when that vote would take place — either before the election or during a lame-duck session .
And it 's not clear if Republicans would have the votes to pass a nominee @ @ @ @ @ @ @ .
It 's also not clear how — or if — this reshapes the calculus in any way for the 2020 election .
It could fire up the GOP base , which cares a great deal about the court .
And it could fire up Democrats , especially women , to go to the polls for Democratic nominee Joe Biden .
But little has moved the needle in this election one way or the other , and those groups were already enthusiastic about voting .
So no one really knows how any of @ @ @ @ @ @ @ to say that there is going to be some kind of fight over this seat .

Ginsburg's Death Is A Major Cultural Moment That's About To Upend Politics Again
Enlarge this image toggle caption Tyrone Turner/WAMU Tyrone Turner/WAMU
The death of Ruth Bader Ginsburg is a major cultural moment and has potential implications for the next generation of American society.
Just look at the images of people who crowded the Supreme Court's steps Friday night after news of her death broke.
The Supreme Court hasn't been this conservative in three-quarters of a century, and if President Trump nominates a replacement for her seat, and he or she is confirmed, it would move the court even further to the right and be difficult for liberals to take control of for a very long time.
Senate Majority Leader Mitch McConnell is vowing to bring a Trump nominee to the Senate floor for a vote — despite his denial of even a hearing for then-President Barack Obama's 2016 Supreme Court nominee, with far more time to go until the election.
Enlarge this image toggle caption Tyrone Turner/WAMU Tyrone Turner/WAMU
It's unclear when that vote would take place — either before the election or during a lame-duck session. And it's not clear if Republicans would have the votes to pass a nominee. It would almost certainly be close.
It's also not clear how — or if — this reshapes the calculus in any way for the 2020 election. It could fire up the GOP base, which cares a great deal about the court. And it could fire up Democrats, especially women, to go to the polls for Democratic nominee Joe Biden.
But little has moved the needle in this election one way or the other, and those groups were already enthusiastic about voting.
Enlarge this image toggle caption Alex Edelman/AFP via Getty Images Alex Edelman/AFP via Getty Images
So no one really knows how any of this is going to play out except to say that there is going to be some kind of fight over this seat.


npr--2020-09-19--Poll: Climate Becomes Top Priority For Democrats; Trump Struggles On Race, COVID-19

Poll : Climate Becomes Top Priority For Democrats ; Trump Struggles On Race , COVID-19 Weighing the president down in his reelection bid is his handling of the coronavirus pandemic and race relations , according to the latest NPR/PBS NewsHour/Marist poll .
More than half of Americans — 56 % — disapprove of the job President Trump has done handling the pandemic .
By a 54 % -to-40 % margin , likely voters also say they prefer Biden over Trump to handle the coronavirus .
On race relations , likely voters prefer Biden 56 % to 38 % ; and @ @ @ @ @ @ @ with likely voters , 49 % to 45 % .
The president continues , however , to have an advantage on the economy .
Americans approve of the job he 's doing on the economy , 49 % to 45 % , despite the millions of jobs lost during the pandemic .
And likely voters say they prefer Trump over Biden to handle the economy , 50 % to 46 % .
That 's partially why the president 's campaign is focusing a new round of fall advertising on the economy .
Here @ @ @ @ @ @ @ stand on key issues as voting season begins around the country , from the environment to the pandemic and election security , according to the poll : Climate change takes over top spot for Democrats in issue priorities On the issues , the parties have very different priorities .
Overall , the economy ( 21 % ) is seen as the No .
1 issue for likely voters , followed by the coronavirus ( 13 % ) , climate change ( 12 % ) , health care ( 8 % ) and race @ @ @ @ @ @ @ looking at the numbers by party shows the two sides living in very different universes .
For Democratic likely voters , amid wildfires in the West and hurricane season , climate change has taken over the top spot ( 22 % ) , followed by the coronavirus ( 18 % ) , health care ( 15 % ) , the economy ( 10 % ) and race relations ( 9 % ) .
Before the 2018 election , health care was the clear top issue for Democrats , followed by climate change and @ @ @ @ @ @ @ in this poll , it was the economy ( 35 % ) that was head-and-shoulders above any issue , followed by abortion ( 14 % ) , crime and guns ( both 7 % ) , and the coronavirus and jobs ( both 5 % ) .
In a sharp reversal from 2018 , just 2 % of likely voters in this poll said immigration was the top issue .
Just ahead of the 2018 election , as Trump called for a shutdown of the southern border , immigration was tied for second @ @ @ @ @ @ @ economy/jobs and health care .
For a quarter of Republicans , immigration was their top issue in 2018 , second only to the economy/jobs .
Now , just 4 % of Republicans called it their top issue .
Confidence in a potential vaccine has gotten worse .
Just 49 % of Americans now say they will get vaccinated when one is made available ; 44 % say they wo n't .
This is a big shift from last month when 60 % said they would and 35 % said they would not .
@ @ @ @ @ @ @ the number of independents saying they 'll get vaccinated , from 61 % to 48 % , and a 10-point shift in Republicans , from 44 % to 54 % , saying they wo n't .
Americans say public health experts and state and local governments are still their most trusted sources of information on the coronavirus , and just a third say they can trust what they hear from President Trump , but the president 's messaging against some of these officials — in this election year — seems to have resonated @ @ @ @ @ @ @ public health experts and state and local officials has declined 15 points since March .
And it 's coming , again , from Republicans .
Overall , 69 % of Americans said they have trust in public health experts , down from 84 % in March and 75 % in August .
But consider just since last month , among Republicans that trust has dropped from 62 % to 51 % .
A majority ( 57 % ) of Americans said they trust what they 're hearing from state and local governments , @ @ @ @ @ @ @ in March and 62 % in August .
Again , the shift is attributable to Republicans , who declined 8 points in the last month , from 51 % to 43 % .
Not rating much higher than President Trump in terms of trust on the pandemic is the news media at 38 % .
Americans are pretty pessimistic that things will be back to normal any time soon — 69 % think it 's going to be six months or longer .
For context , back in May , 65 % said @ @ @ @ @ @ @ , and that was four months ago .
A shift in views of the protests over racism and the Black Lives Matter movement There has been a continued downward trend in support of the protests against police action as it relates to George Floyd in Minneapolis and Jacob Blake in Kenosha , Wis .
In June , 62 % said the protests were mostly legitimate as opposed to mostly people acting unlawfully .
But in August , that dropped to 53 % , and now , Americans are split , 48 % to @ @ @ @ @ @ @ firmly in the camp of saying the protesters are mostly acting unlawfully with 85 % saying so , as opposed to 81 % of Democrats and 53 % of independents saying the protests are mostly legitimate .
There 's also a racial , generational and educational divide .
Whites , by a 50 % -to-45 % margin , now say the protests are mostly people acting unlawfully , though there 's a big divide among whites by education .
Whites with a college degree side with protesters ( 61 % ) versus those @ @ @ @ @ @ @ say the protesters are mostly acting unlawfully ( 60 % ) .
Two-thirds of African Americans say they 're mostly legitimate protests .
Latinos , by a narrower 49 % -to-40 % margin , also say they are mostly legitimate .
There 's a stark divide by age .
Fifty-nine percent of Millennial and Gen Z voters ( ages 18-39 ) say they think the protests are mostly legitimate , while slight majorities of every other age group disagree .
And while a majority of Americans overall ( 54 % ) still say @ @ @ @ @ @ @ Black Lives Matter movement , there 's been an uptick in those saying they have an unfavorable one , going from 34 % negative last month to 40 % now .
There , the negative opinions mostly come from Republicans , 83 % of whom say they have an unfavorable impression of the movement , compared to 89 % of Democrats and 59 % of independents , who say the opposite .
Whites are split at 47 % , but the divide is stark again by education — 61 % of whites with @ @ @ @ @ @ @ favorable impression of BLM , while 56 % of those without a college degree say they have a negative one ( including 64 % of white men without a college degree ) .
Among Black voters , 78 % have a favorable impression , as do 66 % of Latinos .
Here , again , there 's a huge generational divide .
Of Gen Z and Millennial voters , 68 % have a favorable impression of the movement , 20 points higher than any other generation — Gen X , ages 40-55 ( @ @ @ @ @ @ @ ages 56-74 ( 46 % ) ; or Silent/Greatest , over 74 ( 45 % ) .
Most Americans ( 53 % ) say the U.S. is either very prepared or prepared to keep November 's election safe and secure .
By a 69 % -to-20 % margin , national adults are confident their state and local governments will run a fair election .
Americans are more split on whether the U.S .
Postal Service will deliver election-related material in a timely manner — 52 % express confidence , while 46 % express @ @ @ @ @ @ @ % margin , Americans think President Trump is encouraging election interference as opposed to making it safer .
By a 50 % -to-37 % margin , likely voters trust that the election results will be accurate — even if their candidate loses .
And , perhaps surprisingly , there is little difference by party on this question .
About a third ( 35 % ) of likely voters say they plan to vote by mail or absentee .
Almost half ( 48 % ) say they will vote in person .
There 's @ @ @ @ @ @ @ — two-thirds of likely Trump voters say they will vote in person , while just over a third ( 35 % ) of Biden backers say so .
Almost half of Biden supporters ( 46 % ) say they plan to vote by mail .
So when interpreting election results , understand that Trump is set to dominate voting happening on Election Day , but that does n't take into consideration votes by mail and early voting , which draw a substantial portion of the voting population .
The poll , conducted from @ @ @ @ @ @ @ adults by cell phone and landline for a margin of error of +/-3.5 percentage points .
There were 964 registered voters in the poll for a margin of error of +/- 4 percentage points and 723 likely voters with a margin of error of +/- 4.3 percentage points .

Poll: Climate Becomes Top Priority For Democrats; Trump Struggles On Race, COVID-19
Enlarge this image toggle caption Pool/Getty Images Pool/Getty Images
Weighing the president down in his reelection bid is his handling of the coronavirus pandemic and race relations, according to the latest NPR/PBS NewsHour/Marist poll.
More than half of Americans — 56% — disapprove of the job President Trump has done handling the pandemic.
By a 54% to 40% margin, likely voters also say they prefer Democratic nominee Joe Biden over Trump to handle the coronavirus. On race relations, likely voters prefer Biden 56% to 38%; and even on crime, Biden edges Trump with likely voters, 49% to 45%.
The president continues, however, to have an advantage on the economy. Americans approve of the job he's doing on the economy, 49% to 45%, despite the millions of jobs lost during the pandemic.
And likely voters say they prefer Trump over Biden to handle the economy, 50% to 46%. That's partially why the president's campaign is focusing a new round of fall advertising on the economy.
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Here's a breakdown of where American adults stand on key issues as voting season begins across the country, from the environment to the pandemic and election security, according to the poll:
Climate change takes over top spot for Democrats in issue priorities
On the issues, the parties have very different priorities.
Overall, the economy (21%) is seen as the No. 1 issue for likely voters, followed by the coronavirus (13%), climate change (12%), health care (8%) and race relations (7%).
But looking at the numbers by party shows the two sides appear to be living in very different universes.
For Democratic likely voters, amid wildfires in the West and hurricane season, climate change has taken over the top spot (22%), followed by the coronavirus (18%), health care (15%), the economy (10%) and race relations (9%).
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Before the 2018 election, health care was the clear top issue for Democrats, followed by climate change and immigration.
For Republican likely voters, in this poll, it was the economy (35%) that was head and shoulders above any issue, followed by abortion (14%), crime and guns (both 7%), and the coronavirus and jobs (both 5%).
In a sharp reversal from 2018, just 2% of likely voters in this poll said immigration was the top issue. Just ahead of the 2018 election, as Trump called for a shutdown of the Southern border, immigration was tied for second on the issue priority list behind the economy/jobs and health care.
For a quarter of Republicans, immigration was their top issue in 2018, second only to the economy/jobs. Now, just 4% of Republicans called it their top issue.
Number saying they'll get vaccinated plummets
Confidence in a potential vaccine has gotten worse.
Just 49% of Americans now say they will get vaccinated when one is made available; 44% say they won't. This is a big shift from last month when 60% said they would and 35% said they would not.
This comes from a 13-point decline in the number of independents saying they'll get vaccinated, from 61% to 48%, and a 10-point shift in Republicans, from 44% to 54%, saying they won't.
Trust in public health experts and local officials declines
Americans say public health experts and state and local governments are still their most trusted sources of information on the coronavirus, and just a third say they can trust what they hear from Trump. But the president's messaging against some of these officials — in this election year — seems to have resonated with his base.
Trust in both public health experts and state and local officials has declined 15 points since March. And it's coming, again, from Republicans.
Overall, 69% of Americans said they have trust in public health experts, down from 84% in March and 75% in August. But just since last month, among Republicans, that trust has dropped from 62% to 51%.
A majority (57%) of Americans said they trust what they're hearing from state and local governments, but that's down from 72% in March and 62% in August. Again, the shift is attributable to Republicans, who declined 8 points in the last month, from 51% to 43%.
Not rating much higher than Trump in terms of trust on the pandemic is the news media at 38%.
Americans are pretty pessimistic that things will be back to normal any time soon — 69% think it's going to be six months or longer. For context, back in May, 65% said it would be at least six months, and that was four months ago.
A shift in views of the protests over racism and the Black Lives Matter movement
There has been a continued downward trend in support of the protests against police action as it relates to George Floyd in Minneapolis and Jacob Blake in Kenosha, Wis.
In June, 62% said the protests were mostly legitimate as opposed to mostly people acting unlawfully. But in August, that dropped to 53%, and now, Americans are split, 48% to 45%.
Registered Republicans are now firmly in the camp of saying the protesters are mostly acting unlawfully with 85% saying so, as opposed to 81% of Democrats and 53% of independents saying the protests are mostly legitimate.
There's also a racial, generational and educational divide.
Whites, by a 50% to 45% margin, now say the protests are mostly people acting unlawfully, though there's a big divide among whites by education. Whites with a college degree side with protesters (61%) versus whites without a college degree, who say the protesters are mostly acting unlawfully (60%).
Two-thirds of African Americans say the demonstrations are mostly legitimate protests. Latinos, by a narrower 49% to 40% margin, also say they are mostly legitimate.
There's a stark divide by age. Fifty-nine percent of millennial and Gen Z voters (ages 18-39) say they think the protests are mostly legitimate, while slight majorities of every other age group disagree.
And while a majority of Americans overall (54%) still say they have a favorable impression of the Black Lives Matter movement, there has been an uptick in those saying they have an unfavorable one, going from 34% negative last month to 40% now.
There, the negative opinions mostly come from Republicans, 83% of whom say they have an unfavorable impression of the movement, compared with 89% of Democrats and 59% of independents, who say the opposite.
Whites are split at 47%, but the divide is stark again by education — 61% of whites with a college degree saying they have a favorable impression of BLM, while 56% of those without a college degree say they have a negative one (including 64% of white men without a college degree).
Among Black voters, 78% have a favorable impression, as do 66% of Latinos.
Here, again, there's a huge generational divide. Of Gen Z and millennial voters, 68% have a favorable impression of the movement, 20 points higher than any other generation — Gen X, ages 40-55 (48%); baby boomers, ages 56-74 (46%); or Silent/Greatest, over 74 (45%).
Election security
Most Americans (53%) say the U.S. is either very prepared or prepared to keep November's election safe and secure.
By a 69% to 20% margin, national adults are confident their state and local governments will run a fair election.
Americans are more split on whether the U.S. Postal Service will deliver election-related material in a timely manner — 52% express confidence, while 46% express doubt.
By a 51% to 38% margin, Americans think Trump is encouraging election interference as opposed to making it safer.
By a 50% to 37% margin, likely voters trust that the election results will be accurate — even if their candidate loses. And, perhaps surprisingly, there is little difference by party on this question.
About a third (35%) of likely voters say they plan to vote by mail or absentee. Almost half (48%) say they will vote in person.
There's a big split by party on this — two-thirds of likely Trump voters say they will vote in person, while just over a third (35%) of Biden backers say they will do so.
Almost half of Biden supporters (46%) say they plan to vote by mail.
So when interpreting election results, understand that Trump is set to dominate voting happening on Election Day, but that won't take into consideration votes by mail and early voting, which draw a substantial portion of the voting population.
Methodology
The poll, conducted from Sept. 11 through 16, surveyed 1,152 adults by cell phone and landline for a margin of error of 3.5 percentage points. There were 964 registered voters in the poll for a margin of error of 4 percentage points and 723 likely voters with a margin of error of 4.3 percentage points.


npr--2020-09-19--Police Settlements: How The Cost Of Misconduct Impacts Cities And Taxpayers

Police Settlements : How The Cost Of Misconduct Impacts Cities And Taxpayers For months , protests over the police involved killing of Breonna Taylor in Kentucky , George Floyd in Minnesota and others around the country reinvigorated an intense debate over policing .
Then when Greg Fischer , mayor of Louisville , Ky. , recently announced the city would pay $ 12 million to Taylor 's family and institute a number of police reforms , that highlighted an aspect less discussed — the financial impact of police misconduct on cities and taxpayers .
Cities can face hundreds of lawsuits every @ @ @ @ @ @ @ that police used excessive or deadly force or made a false arrest .
Many times the details of settlements are hidden behind confidentiality agreements .
UCLA Law Prof. Joanna Schwartz studies how jurisdictions budget and pay for police legal expenses .
She says problems of police violence are not limited to large cities and although payouts can total in the millions , more often they are in the thousands of dollars range .
`` The number of cases filed and the number of dollars paid to resolve cases depends very much where in @ @ @ @ @ @ @ says .
As an example , she points to her study of the judgments and police misconduct — related lawsuits filed over a two-year period in Houston and Philadelphia , cities that have police departments of similar size and histories .
Schwartz says although Houston police officers killed more people and were disciplined more often than Philadelphia police , plaintiffs in Philadelphia filed 10 times more lawsuits and were awarded 100 times more than those in Houston .
`` I do n't think the difference has to do with the severity of the @ @ @ @ @ @ @ It has a lot to do with other issues including the judges , the juries , the kinds of claims that can be brought and the number of attorneys who are experienced and willing to to bring civil rights cases . ''
Money for police could be better spent elsewhere High-profile cases garner the most attention .
The family of Michael Brown - the unarmed Black teenager killed by a police officer in 2014 , reached a $ 1.5 million settlement with Ferguson , Mo .
In Chicago , the city agreed to @ @ @ @ @ @ @ 5 million .
His death was captured on video and the police officer who fatally shot him was convicted of second degree murder .
In 2017 , the mother of Philando Castile , a Black motorist killed by a suburban Minneapolis police officer a year earlier , reached a $ 3 million settlement with city officials .
The financial award for Castile 's girlfriend , who live-streamed the aftermath of the shooting on Facebook , was $ 800 , 000 .
One of the arguments in the ongoing protests over policing is that @ @ @ @ @ @ @ spent elsewhere .
The clash between protesters and police following the death of George Floyd in Minneapolis means that city and others could face a myriad of legal costs .
In Chicago , several groups work to resolve cases of people who 've been wrongfully convicted .
Two years ago , a federal jury awarded $ 17 million to Jacques Rivera — in what 's considered one of the largest police misconduct settlements in the city 's history .
`` I say I was kidnapped by the Chicago police , wrongfully , '' @ @ @ @ @ @ @ .
Rivera spent 21 years in prison for a murder he did not commit — framed , he says , by a now retired Chicago gang crimes detective .
Rivera is one of at least 20 who have been exonerated in cases where that detective , Reynaldo Guevera , led the investigations .
`` They set out to wrongfully convict me for whatever reasons why , maybe it was to calm the community that they got the perpetrator or whatever it may be , '' Rivera says .
`` It 's still not @ @ @ @ @ @ @ it .
The victim 's family has to relieve this all over again once they think it 's closed and it 's just painful for everybody . ''
Over the past decade , Chicago has paid more than a half billion dollars for police misconduct , according to an analysis of city law department data .
Rivera 's attorney , Locke Bowman is the head of the MacArthur Justice Center at Northwestern Law School .
He says in cases where misconduct is clear , cities often continue to fight against the allegations for @ @ @ @ @ @ @ mean a hefty price tag for taxpayers .
`` The decision to settle a case like that early ends up saving money for attorneys ' fees and can result in a lower settlement before everybody gets dug in and the price of the case goes up , '' he says .
Insurance policies and city and county budgets usually pay for judgments and claims .
Jurisdictions hurting for cash may borrow money and issue bonds to spread out payments .
Add bank fees , plus the interest paid to investors and the costs @ @ @ @ @ @ @ for police misconduct .
As COVID-19 devastates budgets nationwide , that could be a more frequent scenario .
Chicago City Council Finance Committee Chairman Scott Waguespack says the city is working to break that expensive pattern and concentrating on implementing police reforms mandated by a consent decree put in place after a white Chicago police officer , Jason Van Dyke , fatally shot LaQuan McDonald , a 17-year-old African American .
`` So that we 're not just saying 'okay , here 's another settlement .
Good job negotiating ' and move on @ @ @ @ @ @ @ seated issues within the department to start rooting out those problems , '' Waguespack says .
Activists argue tying police misconduct costs to police budgets could help prevent police wrongdoing .
They also want police officers , especially repeat offenders , to be financially accountable .
Currently so-called qualified immunity rules shield officers from those costs .
That 's changed in Colorado .
State Representative Leslie Herod was the force between the state 's decision to drop its qualified immunity provision .
A new law requires officers guilty of wrongdoing to pay up @ @ @ @ @ @ @ $ 25,000 - whichever is less .
`` If they were found to have acted in bad faith- violating someone 's rights- possibly ending in death , '' says Herod , `` they actually have to be held personally responsible just like anyone else who violated their policies and their obligations at their workplace . ''
The law also allows officers to purchase liability insurance .
Other jurisdictions looking to reduce police-related lawsuits may follow that hybrid model of splitting settlement costs between cities and individual officers .
That 's all with the @ @ @ @ @ @ @ put a stop to police behavior that leads to settlements in the first place .

Police Settlements: How The Cost Of Misconduct Impacts Cities And Taxpayers
Enlarge this image toggle caption Amy Harris/Amy Harris/Invision/AP Amy Harris/Amy Harris/Invision/AP
For months, protests over the police involved killing of Breonna Taylor in Kentucky, George Floyd in Minnesota and others around the country reinvigorated an intense debate over policing. Then when Greg Fischer, mayor of Louisville, Ky., recently announced the city would pay $12 million to Taylor's family and institute a number of police reforms, that highlighted an aspect less discussed — the financial impact of police misconduct on cities and taxpayers.
Cities can face hundreds of lawsuits every year charging, among other things, that police used excessive or deadly force or made a false arrest. Many times the details of settlements are hidden behind confidentiality agreements. UCLA Law Prof. Joanna Schwartz studies how jurisdictions budget and pay for police legal expenses. She says problems of police violence are not limited to large cities and although payouts can total in the millions, more often they are in the thousands of dollars range.
"The number of cases filed and the number of dollars paid to resolve cases depends very much where in the country you live," Schwartz says.
As an example, she points to her study of the judgments and police misconduct — related lawsuits filed over a two-year period in Houston and Philadelphia, cities that have police departments of similar size and histories. Schwartz says although Houston police officers killed more people and were disciplined more often than Philadelphia police, plaintiffs in Philadelphia filed 10 times more lawsuits and were awarded 100 times more than those in Houston.
"I don't think the difference has to do with the severity of the harm," Schwartz says. "It has a lot to do with other issues including the judges, the juries, the kinds of claims that can be brought and the number of attorneys who are experienced and willing to to bring civil rights cases."
Money for police could be better spent elsewhere
High-profile cases garner the most attention. The family of Michael Brown - the unarmed Black teenager killed by a police officer in 2014, reached a $1.5 million settlement with Ferguson, Mo. In Chicago, the city agreed to pay the family of LaQuan McDonald $5 million. His death was captured on video and the police officer who fatally shot him was convicted of second degree murder. In 2017, the mother of Philando Castile, a Black motorist killed by a suburban Minneapolis police officer a year earlier, reached a $3 million settlement with city officials. The financial award for Castile's girlfriend, who live-streamed the aftermath of the shooting on Facebook, was $800, 000.
One of the arguments in the ongoing protests over policing is that the money for police could be better spent elsewhere. The clash between protesters and police following the death of George Floyd in Minneapolis means that city and others could face a myriad of legal costs.
In Chicago, several groups work to resolve cases of people who've been wrongfully convicted. Two years ago, a federal jury awarded $17 million to Jacques Rivera — in what's considered one of the largest police misconduct settlements in the city's history.
"I say I was kidnapped by the Chicago police, wrongfully," says Rivera, now 55 years old. Rivera spent 21 years in prison for a murder he did not commit — framed, he says, by a now retired Chicago gang crimes detective. Rivera is one of at least 20 who have been exonerated in cases where that detective, Reynaldo Guevera, led the investigations.
"They set out to wrongfully convict me for whatever reasons why, maybe it was to calm the community that they got the perpetrator or whatever it may be," Rivera says. "It's still not right because taxpayers have to pay for it. The victim's family has to relieve this all over again once they think it's closed and it's just painful for everybody."
Costs pile up, taxpayers foot bill for police misconduct
Over the past decade, Chicago has paid more than a half billion dollars for police misconduct, according to an analysis of city law department data. Rivera's attorney, Locke Bowman is the head of the MacArthur Justice Center at Northwestern Law School. He says in cases where misconduct is clear, cities often continue to fight against the allegations for months – sometimes years —and that can mean a hefty price tag for taxpayers.
"The decision to settle a case like that early ends up saving money for attorneys' fees and can result in a lower settlement before everybody gets dug in and the price of the case goes up," he says.
Insurance policies and city and county budgets usually pay for judgments and claims. Jurisdictions hurting for cash may borrow money and issue bonds to spread out payments. Add bank fees, plus the interest paid to investors and the costs pile up with taxpayers footing the bill for police misconduct. As COVID-19 devastates budgets nationwide, that could be a more frequent scenario.
Chicago City Council Finance Committee Chairman Scott Waguespack says the city is working to break that expensive pattern and concentrating on implementing police reforms mandated by a consent decree put in place after a white Chicago police officer, Jason Van Dyke, fatally shot LaQuan McDonald, a 17-year-old African American.
"So that we're not just saying 'okay, here's another settlement. Good job negotiating' and move on. But really look at the deep seated issues within the department to start rooting out those problems," Waguespack says.
Activists argue tying police misconduct costs to police budgets could help prevent police wrongdoing. They also want police officers, especially repeat offenders, to be financially accountable. Currently so-called qualified immunity rules shield officers from those costs. That's changed in Colorado. State Representative Leslie Herod was the force between the state's decision to drop its qualified immunity provision. A new law requires officers guilty of wrongdoing to pay up to 5% of a judgement or $25,000 - whichever is less.
"If they were found to have acted in bad faith- violating someone's rights- possibly ending in death," says Herod, "they actually have to be held personally responsible just like anyone else who violated their policies and their obligations at their workplace."
The law also allows officers to purchase liability insurance. Other jurisdictions looking to reduce police-related lawsuits may follow that hybrid model of splitting settlement costs between cities and individual officers. That's all with the hope that such an arrangement will help put a stop to police behavior that leads to settlements in the first place.


npr--2020-09-19--Nation's Largest Business Lobby Backs Vulnerable Democrats For Reelection

The U.S. Chamber of Commerce is backing more House Democrats for reelection in at least a decade , prompting pushback from some of its strongest GOP allies in Congress .
`` It is hypocrisy that the U.S. Chamber of Commerce would endorse these Democrats that are part of this socialist agenda that is driving this country out and is fighting this president , '' House Minority Leader Kevin McCarthy , R-Calif. , recently told Fox News .
The Chamber is technically a nonpartisan organization , but its pro-business agenda has historically aligned it more closely with Republicans .
And it @ @ @ @ @ @ @ is endorsing more than six times as many Republicans ( 192 ) than Democrats ( 30 ) in the U.S. House of Representatives for reelection .
However , most of the Republicans who got the endorsement are running in safe seats , while most of the Democrats who were endorsed are in swing seats that will determine control of the House this November .
Democrats are heavily favored to hold the majority , but Republicans are at the very least trying to eat away at their numbers .
Rep. Cindy Axne , D-Iowa @ @ @ @ @ @ @ of the Chamber-backed freshmen .
She told NPR the group 's endorsement carries weight with voters in districts such as hers .
`` Having an endorsement from the Chamber showing that I 'm in support of issues that keeps them alive and strong , I think it does make a difference to them , '' she said .
Neil Bradley , executive vice president and chief policy officer at the U.S. Chamber of Commerce , told NPR that endorsements are based on members ' voting records on specific pieces of legislation , such @ @ @ @ @ @ @ .
Any lawmaker who votes with the U.S. Chamber of Commerce at least 70 % of the time gets its support .
This year , more Democrats in at least a decade did just that .
`` A couple things are driving this high number : the large number of Democratic freshmen , their willingness and desire to work with us , and them representing their districts in supporting business community priorities , '' said Bradley , a former top House Republican leadership aide .
The endorsements have angered GOP leaders and some @ @ @ @ @ @ @ as Oklahoma and Kansas , but Bradley said the business community response has been positive .
`` There 's been overwhelming support for recognizing we need to be able to work with Republicans and Democrats , and we ought to be willing to stand with those who stood with us on our priorities . ''
Politically , it provides these vulnerable Democrats with an easy counterpunch to the case Republicans are making against them — that they want to take the country in a more `` socialist '' direction .
`` I hate @ @ @ @ @ @ @ trying to be just binary , as if only one party can be strong on the economy , '' said Rep. Andy Kim , D-N.J. , another Chamber-backed freshman .
While the U.S. Chamber of Commerce has leaned more heavily on the Republican Party to advance its goals , Bradley said there is potential to work with Democrats on certain issues that see shifting political alliances .
`` There are increasingly issues in which a large , growing number of Republicans disagree with the business community , whether it 's trade or immigration @ @ @ @ @ @ @ .
Bradley said the message an endorsement from his organization sends is this : `` That they 're willing , irrespective of partisanship , to help advance the business community 's priorities to help create more jobs and a more prosperous America . ''
McCarthy feels differently .
`` Well I 'll tell you this : I do n't want the U.S. Chamber 's endorsement , because they have sold out , '' he told Fox .
McCarthy is heavily favored to win reelection .
The Chamber has endorsed him .

Nation's Largest Business Lobby Backs Vulnerable Democrats For Reelection
Enlarge this image toggle caption Erin Scott/AP Erin Scott/AP
The U.S. Chamber of Commerce is backing more House Democrats for reelection in at least a decade, prompting pushback from some of its strongest GOP allies in Congress.
"It is hypocrisy that the U.S. Chamber of Commerce would endorse these Democrats that are part of this socialist agenda that is driving this country out and is fighting this president," House Minority Leader Kevin McCarthy, R-Calif., recently told Fox News.
The Chamber is technically a nonpartisan organization, but its pro-business agenda has historically aligned it more closely with Republicans. And it still is: This year the group is endorsing more than six times as many Republicans (192) than Democrats (30) in the U.S. House of Representatives for reelection. However, most of the Republicans who got the endorsement are running in safe seats, while most of the Democrats who were endorsed are in swing seats that will determine control of the House this November. Democrats are heavily favored to hold the majority, but Republicans are at the very least trying to eat away at their numbers.
Rep. Cindy Axne, D-Iowa, a small-business owner, is one of the Chamber-backed freshmen. She told NPR the group's endorsement carries weight with voters in districts such as hers. "Having an endorsement from the Chamber showing that I'm in support of issues that keeps them alive and strong, I think it does make a difference to them," she said.
Neil Bradley, executive vice president and chief policy officer at the U.S. Chamber of Commerce, told NPR that endorsements are based on members' voting records on specific pieces of legislation, such as the new U.S.-Mexico-Canada free trade agreement. Any lawmaker who votes with the U.S. Chamber of Commerce at least 70% of the time gets its support. This year, more Democrats in at least a decade did just that.
"A couple things are driving this high number: the large number of Democratic freshmen, their willingness and desire to work with us, and them representing their districts in supporting business community priorities," said Bradley, a former top House Republican leadership aide.
The endorsements have angered GOP leaders and some local chambers of commerce in states such as Oklahoma and Kansas, but Bradley said the business community response has been positive. "There's been overwhelming support for recognizing we need to be able to work with Republicans and Democrats, and we ought to be willing to stand with those who stood with us on our priorities."
Politically, it provides these vulnerable Democrats with an easy counterpunch to the case Republicans are making against them — that they want to take the country in a more "socialist" direction. "I hate that everything in this election season is trying to be just binary, as if only one party can be strong on the economy," said Rep. Andy Kim, D-N.J., another Chamber-backed freshman.
While the U.S. Chamber of Commerce has leaned more heavily on the Republican Party to advance its goals, Bradley said there is potential to work with Democrats on certain issues that see shifting political alliances. "There are increasingly issues in which a large, growing number of Republicans disagree with the business community, whether it's trade or immigration, for example," he said.
Bradley said the message an endorsement from his organization sends is this: "That they're willing, irrespective of partisanship, to help advance the business community's priorities to help create more jobs and a more prosperous America."
McCarthy feels differently. "Well I'll tell you this: I don't want the U.S. Chamber's endorsement, because they have sold out," he told Fox. McCarthy is heavily favored to win reelection. The Chamber has endorsed him.