usatoday--2020-10-29--Marsy's Law was meant to protect crime victims. It now hides the identities of cops who use force.

This story was co-published with ProPublica .
In January 2019 , a Dollar Tree employee in Masaryktown , Florida , called 911 after a homeless man stole $ 70 of beer , wine , candy and cookies .
A sheriff ’ s deputy had little trouble finding him – the man had passed out drunk in a nearby ditch with an open box of Reese ’ s Pieces .
The deputy took the man to the hospital , where he became irate .
With his left wrist handcuffed to the bed , he started swinging his right arm wildly .
@ @ @ @ @ @ @ , ” the deputy pepper-sprayed him in the face .
The Hernando County Sheriff ’ s Office provided a copy of the use-of-force report to USA TODAY and ProPublica in response to a public records request .
Blacked out was one crucial detail : the deputy ’ s name .
Under a law passed to protect crime victims , the deputy was entitled to privacy , officials said .
He ’ d suffered a battery : The flailing suspect had been attached to a pulse monitor , and the wire hit near the @ @ @ @ @ @ @ memory of a young woman murdered by her ex-boyfriend , Marsy ’ s Law was created to offer crime victims a slate of rights , including protecting them and their families from harassment by their attackers .
Now , as police across the nation face cries for accountability amid mounting evidence of brutality and systemic racism , law enforcement agencies in Florida are using Marsy ’ s Law to shield officers after they use force , sometimes under questionable circumstances .
Florida agencies have used it to hide the names of officers who @ @ @ @ @ @ @ , officers who fired bullets into moving cars and officers who released their K9 dogs on drunk and mentally ill people .
Marsy ’ s Law passed first in California in 2008 and , through a well-funded campaign by the woman 's brother , is the law in 11 other states .
It happened each time by ballot initiative , allowing voters to adopt all of its implications with a single yes .
Now , it is on the ballot in Kentucky , a state still reeling from the botched raid that killed @ @ @ @ @ @ @ worker in Louisville .
Had it been in place this March , the public may not have learned the identities of the three white officers who opened fire .
“ This constitutional amendment is so ambiguous and has lent itself to so much misinterpretation , misapplication , inconsistency , ” said Amye Bensenhaver , director of the Kentucky Open Government Coalition and a former assistant state attorney general .
“ We will have those problems emerge , just as they have emerged in Florida.
” The law increasingly has been co-opted by police @ @ @ @ @ @ @ ballot in 2018 after being introduced by a sheriff and revised with the help of two statewide law enforcement associations .
Officers say it allows them to claim victim status in use-of-force cases where they say the suspect was the aggressor .
At least half of Florida 's 30 largest police agencies said they apply it to shield the names of on-duty officers , a USA TODAY and ProPublica investigation found .
For the agencies that do , reporters requested and reviewed thousands of pages of police reports from use-of-force incidents since January @ @ @ @ @ @ @ in Collier and Charlotte counties , in southwest Florida , have withheld deputies ’ names in roughly 1 in 6 incidents in which an officer used force that resulted in a civilian ’ s injury .
For the sheriff ’ s office in Hernando County , an hour ’ s drive north of Tampa , it ’ s nearly 1 in 3 .
Local newsrooms in almost every region of Florida have been denied officers ' names under Marsy 's Law , with the Tampa Bay Times , the Tallahassee Democrat and The @ @ @ @ @ @ @ .
The agencies rarely redacted the names of the suspects on whom they used force , including juveniles and mentally ill people in the thick of a crisis .
Sometimes , the injuries officers cited when they invoked the victim status were as minor as a scraped knee , soreness or a twisted wrist .
In one case , a Hernando County sheriff ’ s deputy photographed and noted a “ minor , blunt-forced injury to my left index finger , causing a bone bruise on the lower joint of the same finger.
@ @ @ @ @ @ @ to provide the pictures , even ones that blurred or blacked out the deputy ’ s face , citing Marsy ’ s Law and a provision in the state public records law that exempts photos of law enforcement officers from disclosure .
Officers sustained no injuries in at least half of the incidents for which they claimed victims ’ rights , records show .
Even minor movements that officers perceived as threatening , such as walking aggressively or reaching into a pocket , qualified as batteries on officers – triggering the law ’ @ @ @ @ @ @ @ .
Court records still typically provide police officers ’ names .
When criminal charges are filed against defendants , courts release unredacted versions of the same records police black out .
But court records aren ’ t public if the defendant is a juvenile , and there are no charges to file if the suspect is dead .
At least seven police agencies have withheld the names of officers who ’ ve killed civilians : the sheriff ’ s offices in Broward , Sarasota , Manatee , Charlotte and Hernando counties , and @ @ @ @ @ @ @ .
Five of the deceased were white , two were Black and one was Hispanic .
A Tallahassee police officer brought the problems with Marsy 's Law to light in May when he claimed victimhood status after fatally shooting Tony McDade , a Black transgender man who allegedly stabbed a neighbor ’ s son to death before pointing a gun at an officer .
Tallahassee police Chief Lawrence Revell didn ’ t release the names of the deputies involved , fueling protests outside the police station and in the streets .
Days later @ @ @ @ @ @ @ the city to make sure it wouldn ’ t change course .
The police union ’ s lawsuit cited the growing anger over police violence as a reason to hide their names .
“ His fear for his safety is reasonable , especially given the current unrest that has followed in the wake of George Floyd ’ s death in Minneapolis , ” the union said in court filings .
Mutaqee Akbar , the attorney for McDade ’ s family , said the police still haven ’ t told him the names of @ @ @ @ @ @ @ him and the public from investigating the officers ’ past conduct .
He worries about the implications for Black men across Florida , whom police kill at a disproportionate rate , state data shows .
“ We always say , ‘ Police as a whole are not all bad , ’ but they ’ re protecting those who are at least perceived to be bad with Marsy ’ s Law , ” Akbar said .
“ I don ’ t think the public would have voted for it if they had known these @ @ @ @ @ @ @ ’ t believe that this was in the true spirit of what the law is.
” The identities of officers who have used violence against civilians is vital information that the public has a right to know , said Barbara Petersen , the former head of Florida ’ s First Amendment Foundation .
Had the Minneapolis Police Department withheld the identity of Derek Chauvin , the officer charged with killing Floyd , the public may not have learned of his extensive history of using excessive force , Petersen said .
The notion that @ @ @ @ @ @ @ call could be considered a crime victim , she said , is “ mind-boggling .
… How are we supposed to know if they ’ ve acted appropriately ?
How do we know they haven ’ t done this before ?
” Matt Puckett , executive director of the Florida Police Benevolent Association , acknowledged there should be limits on when officers can invoke Marsy ’ s Law .
“ We need to have the [ state ] Supreme Court issue a ruling on it , because it 's always going to be @ @ @ @ @ @ @ be worthy of a shield from victim 's information , ” Puckett said .
“ It 's not hard to see a circumstance where you would go , ‘ OK , that probably seems like not a fair use of the of the law.
’ ” Pasco County Sheriff Chris Nocco introduced Marsy ’ s Law in Florida .
Now , he is one of the most vocal advocates for using it to automatically shield deputies ’ names , including those of two in his agency who fired at a car driven by @ @ @ @ @ @ @ carjackings in October 2019 .
The deputies said they were the victims of aggravated battery because the man allegedly tried to ram them with his car .
The alleged ramming was not shown in the soundless video released by the office .
USA TODAY and ProPublica requested the incident report on Oct. 12 and the full video on Oct. 20 ; the office has not yet provided them .
“ The provision exists for victims across the spectrum , regardless of their profession , ” said Nocco ’ s spokesman , Chase Daniels @ @ @ @ @ @ @ capability to both protect the victim and provide transparency under Marsy 's Law , which we have done.
” Nocco and three other county sheriffs who routinely use Marsy ’ s Law – Brevard ’ s Wayne Ivey , Collier ’ s Kevin Rambosk and Charlotte ’ s Bill Prummell – declined to comment .
In an emailed statement , Hernando County Sheriff Al Nienhuis said that Florida voters , “ intentionally or unintentionally , did not provide exceptions based on the victim ’ s positions or actions.
” “ Unless or until @ @ @ @ @ @ @ the Courts , I have elected to err on the side ( of ) caution and the side of any crime victim , ” Nienhuis said .
Lauren Book , a state senator from Broward County and sexual assault survivor who campaigned for Marsy ’ s Law , introduced legislation in 2019 that would have exempted on-duty officers from the privacy benefits of the law , but her bill never got so much as a committee hearing .
“ We need an implementing bill to create some clarity , ” Book said .
@ @ @ @ @ @ @ was never the intention .
The goal was to protect victims of crimes – period , the end.
” The controversial crime victims ’ rights law was born of a tragedy .
In 1983 , Marsalee Ann Nicholas , a 21-year-old student at the University of California , Santa Barbara , who went by Marsy , was stalked and shot to death by her ex-boyfriend , Kerry Michael Conley , when she came home for Thanksgiving .
Conley was arrested but remained free on bail for two years until he was convicted of @ @ @ @ @ @ @ a week after her death , Conley allegedly accosted Nicholas ' mother , who was on her way home from the funeral .
The family said it had not been notified that Conley was out on bond .
Nicholas ' mother and stepfather , Marcella and Bob Leach , became prominent advocates for victims ’ rights , as well as harsher sentences for convicted felons .
Along with Marsy ’ s brother , Henry Nicholas , the Leaches co-founded a nonprofit support organization for families of homicide victims , which they ran for @ @ @ @ @ @ @ of Broadcom Corp. , in 2007 spearheaded a campaign to pass a comprehensive bill of rights for California crime victims .
He recruited former Gov .
Pete Wilson , legal scholars , law enforcement officials and victims ’ rights advocates to draft a constitutional amendment bearing his sister ’ s name .
In 2008 , California passed it as a ballot measure with nearly 54 % of the vote .
The following year , Nicholas launched a national organization , Marsy ’ s Law for All , which has spent more than $ @ @ @ @ @ @ @ in other states .
So far , 11 more have active laws on the books : Florida , Georgia , Illinois , Nevada , North Carolina , North Dakota , Ohio , Oklahoma , Pennsylvania , South Dakota and Wisconsin .
While none of the states explicitly exempts on-duty police officers from the benefits of any part of the law , only in Florida , North Dakota and South Dakota can police officers use the law to shield their names from the public .
That ’ s because those states ’ amendments eliminate @ @ @ @ @ @ @ of the law that prohibits the release of information that could be used to “ locate or harass ” a victim .
Whereas California and others states ’ provisions prohibit “ the disclosure of confidential information to the defendant , ” North Dakota ’ s version passed in November 2016 deleted the words “ confidential ” and “ to the defendant ” – leaving a provision that simply prohibits the disclosure of victim “ information ” to anyone .
Florida and South Dakota followed suit in 2018 .
North Dakota Attorney General Wayne @ @ @ @ @ @ @ law does not protect the names of victims , unless they are children or victims of sex crimes or domestic violence .
“ There is nothing under Marsy ’ s Law that protects the name of a victim or the victim ’ s family , ” he wrote in January 2017 guidance .
Cops disregarded that guidance .
In October 2017 , a Bismarck police officer invoked Marsy ’ s Law after shooting and wounding a man who he said punched him and gouged his eyes .
The agency declined to identify the @ @ @ @ @ @ @ his name and published it – prompting protesters to gather outside the newsroom in support of police .
In the months after , more North Dakota officers invoked the law , with support from Marsy ’ s Law for All : “ Police officers can be victims just like anyone else , ” spokesman Henry Goodwin told the Grand Forks Herald in July 2018 .
Liz Brocker , spokeswoman for the North Dakota Attorney General 's Office , said the state ’ s top lawyer can only provide advice to police .
“ @ @ @ @ @ @ @ or authority over local law enforcement agencies , ” she said , “ and we do not enforce or take complaints about Marsy 's Law.
” Meanwhile , the law was working its way onto Florida ’ s ballot .
It had been introduced to Florida ’ s Constitutional Revision Commission , which gathers every 20 years to examine the state constitution and debate potential revisions .
In this unusual process , politicians appoint 37 commission members to propose amendments and , if approved by at least 22 members , refer them directly @ @ @ @ @ @ @ The 2017 commission was made up almost entirely of Republicans , many with direct ties to then-Gov .
Rick Scott .
Two members proposed similar versions of Marsy ’ s Law : Nocco , the Pasco sheriff , and Timothy Cerio , Scott ’ s former chief legal adviser .
Both versions contained the same “ locate or harass ” provision that was making news in North Dakota .
Yet according to transcripts and videos from the commission proceedings , the issue never came up .
During a commission meeting in March 2018 @ @ @ @ @ @ @ , the Florida Police Chiefs Association and several top state prosecutors for their support and their revisions to the initiative .
“ It is especially meaningful to me that so many of these officials we look to , who played key roles in our criminal justice system , have frankly reviewed and have had direct input into the crafting , and maybe a little recrafting , of Marsy 's Law , ” Cerio said , according to a meeting transcript .
In November 2018 , Florida voters passed it by a 23-point margin @ @ @ @ @ @ @ for Marsy ’ s Law For All , insists that police influence was limited .
“ While law enforcement agencies did weigh in on some provisions of the language , not a single law enforcement officer or agency or organization had a hand in crafting , drafting or writing the privacy provision .
None .
Zero.
” The Florida Sheriffs Association and Florida Police Chiefs Association said they both provided input on Marsy ’ s Law before it went to the ballot but neither weighed in on the privacy provision .
Spokespeople for @ @ @ @ @ @ @ the time of how officers could use it to shield their identities .
“ The association did not consider or analyze the laws of North Dakota or any other state when evaluating the proposed amendment to Florida ’ s constitution , ” said William Stander , a spokesman for the Florida Police Chiefs Association , noting that the organization was not involved in drafting the law .
“ The Florida Police Chiefs Association has not advocated for a particular interpretation of this or any other issue raised by the amendment , and we @ @ @ @ @ @ @ to further clarify these ambiguities.
” The Florida Sheriffs Association declined to take a stance also .
Cerio did not respond to multiple calls and emails .
As police agencies across Florida adjusted to the new victims ’ rights amendment in early 2019 , the Jacksonville Sheriff ’ s Office put together a PowerPoint presentation to tell deputies how to follow Marsy ’ s Law .
The last slide spelled out those who are not considered victims under the amendment , including suspects , the deceased and witnesses to a crime .
A @ @ @ @ @ @ @ can not invoke Marsy ’ s Law in the course of their official duty.
” Jacksonville deputies begged to differ .
In January 2020 , their union sued in state court , arguing they , too , had a right to confidentiality under the amendment .
The case is awaiting trial .
Five months later , after a pair of fatal shootings , including that of McDade , by Tallahassee police officers , the Florida Police Benevolent Association sued the city of Tallahassee to block the release of the officers ’ names .
@ @ @ @ @ @ @ In July , he cited the public ’ s right to access government records and ruled that the court “ can not interpret Marsy 's Law to shield police officers from public scrutiny of their official actions.
” The police union is appealing the case , and the officers ’ names are still sealed .
In the meantime , Dodson ’ s ruling has not stopped police agencies in other parts of the state from using the law to their advantage .
USA TODAY and ProPublica surveyed 50 of the state ’ s @ @ @ @ @ @ @ the law .
Of the 36 agencies that provided responses or records , 19 – including Miami Police Department and Hillsborough County Sheriff ’ s Office – said they apply the law to officers .
Fifteen said they do not and two said they weren ’ t sure .
The rest refused to answer or did not respond .
Of the 19 , 12 have withheld the name of at least one deputy , with the others saying the situation has not yet come up .
Fatal shootings account for a fraction of @ @ @ @ @ @ @ police are withholding the names of officers involved in violent altercations with juveniles , intoxicated people or people experiencing mental health episodes .
For instance : • Two Collier County sheriff ’ s deputies fought a 15-year-old boy in his own home after busting him for having friends over , in violation of his juvenile probation .
One deputy suffered “ shoulder soreness ” and the other a cut on the hand .
The teen ’ s mouth was cut during the altercation and he wound up in the hospital .
• The @ @ @ @ @ @ @ which covers the central east coast including Cape Canaveral , redacted the name of a deputy who fired her gun at a drunken driver who tried to flee .
The woman allegedly sped in the direction of the deputy , who claimed she feared for her life , so she shot at her and missed .
• The Charlotte County Sheriff 's Office redacted the names of deputies who struggled with a suicidal man as he resisted being taken for a mental health evaluation .
They twice used a Taser and repeatedly punched @ @ @ @ @ @ @ with his fists and feet and snatched one of their police radios .
• A Hernando County sheriff ’ s deputy released his German shepherd on a man who allegedly pointed a BB gun at him and wanted to die by police .
The deputy knocked the gun away and then unleashed the dog , which latched onto the man ’ s ankle and ripped muscle out of his flesh .
Although the deputy reported no injuries , the agency redacted not only his name but also his dog ’ s name , @ @ @ @ @ @ @ Justice .
There is little uniformity in how the law is applied , with some agencies saying officers must invoke the law and others applying it automatically .
Even within the same county , police agencies ’ interpretations conflict .
For example , the St. Petersburg Police Department allows its officers to invoke a right to confidentiality under Marsy ’ s Law if they choose .
The Pinellas County Sheriff ’ s Office , which covers areas right outside the city , does not .
The law has also hampered the public ’ @ @ @ @ @ @ @ involving civilians .
In 2019 , a Sarasota County day care worker was charged with abuse , caught on camera dragging and pushing children .
The sheriff ’ s office refused to name the day care , saying that the victims opted into Marsy ’ s Law , and that naming the facility could have identified the children to the public .
John Herrell , a spokesman for the Lake County Sheriff ’ s Office in central Florida , which does not apply the law to deputies , said : “ While I @ @ @ @ @ @ @ Law , I ’ m not a fan of its verbiage , and I hate the confusion it has created.
” When Florida police request protected status under Marsy ’ s Law , it is often unclear from whom they are seeking protection .
In most states , Marsy ’ s Law narrowly protects victims and their families from being harassed by defendants .
Yet in one southwest Florida case , deputies did n't object to sharing their names with the man who they claimed violently assaulted one of them , while telling @ @ @ @ @ @ @ was a critical secret .
Trent Gilliland walked out of an upscale cocktail lounge in Naples , Florida , without paying his drink tab in September 2019 .
Five Collier County sheriff ’ s deputies approached him outside the bar , police reports show .
Gilliland began taunting the deputies , calling them names and saying they had “ easy jobs.
” The deputies warned him to watch what he said , the reports show .
“ Or what ?
” Gilliland responded .
“ What are you going to do ?
” @ @ @ @ @ @ @ events , Gilliland clenched his fists and stepped toward one deputy , who pushed him back .
Gilliland then allegedly grabbed the deputy ’ s wrist and pulled his fingers back so far that the deputy thought his wrist might break .
He and another deputy tackled Gilliland , and a different deputy released his German shepherd on him “ to prevent injuries to deputies.
” The dog bit Gilliland ’ s hip .
Gilliland was hospitalized and treated for two puncture wounds and then jailed for battery on a police officer and @ @ @ @ @ @ @ .
The deputy suffered a “ minor ” wrist injury and a scraped knee , the report shows .
Gilliland had forgotten his debit card , he told USA TODAY and ProPublica , and before the deputies arrived , he and the bar manager had agreed he would pay his tab the next day .
They explained as much to the deputies after a security guard called them , the report shows .
But the deputies still wouldn ’ t let him leave over concerns he would drive home drunk .
Gilliland acknowledged @ @ @ @ @ @ @ .
The next thing he remembers , he was “ eating the pavement.
” “ I was obviously intoxicated , but I was no threat , ” he said .
“ There ’ s no way I could have twisted his finger if he had his knee on my back and three others were handcuffing me.
” The deputies never charged Gilliland for failing to pay his tab , and prosecutors dropped the battery charge , court records show .
But he continued to face a felony charge of resisting arrest with violence @ @ @ @ @ @ @ five years imprisonment .
He said his attorney told him that the video of the incident did not “ look good ” for him .
( When reporters requested photos and videos from the case , the sheriff ’ s office said it possessed none , even though the report states “ photographs were taken of the injuries.
” ) Gilliland took a plea agreement that reduced the felony charge to a misdemeanor .
He remains on probation for another year .
As part of the deal , he must pay a fine @ @ @ @ @ @ @ write apology letters to all of the deputies involved in the incident .
“ I did it because I had to , not because I wanted to , ” Gilliland said .
“ I don ’ t think I was treated fairly .
I feel like I should have gotten a letter of apology.
” His public defender gave him the details he needed to write the letters ; he addressed them to each of the five deputies by name .

Kenny Jacoby, USA TODAY, and Ryan Gabrielson, ProPublica

This story was co-published with ProPublica.
In January 2019, a Dollar Tree employee in Masaryktown, Florida, called 911 after a homeless man stole $70 of beer, wine, candy and cookies. A sheriff’s deputy had little trouble finding him – the man had passed out drunk in a nearby ditch with an open box of Reese’s Pieces.
The deputy took the man to the hospital, where he became irate. With his left wrist handcuffed to the bed, he started swinging his right arm wildly. To get the suspect “under control,” the deputy pepper-sprayed him in the face.
The Hernando County Sheriff’s Office provided a copy of the use-of-force report to USA TODAY and ProPublica in response to a public records request. Blacked out was one crucial detail: the deputy’s name.
The Hernando County Sheriff’s Office redacted from a use-of-force report the name of a deputy who pepper sprayed a man handcuffed to a hospital bed. Hernando County Sheriff’s Office
Under a law passed to protect crime victims, the deputy was entitled to privacy, officials said. He’d suffered a battery: The flailing suspect had been attached to a pulse monitor, and the wire hit near the deputy’s shoulder.
Introduced in memory of a young woman murdered by her ex-boyfriend, Marsy’s Law was created to offer crime victims a slate of rights, including protecting them and their families from harassment by their attackers.
Now, as police across the nation face cries for accountability amid mounting evidence of brutality and systemic racism, law enforcement agencies in Florida are using Marsy’s Law to shield officers after they use force, sometimes under questionable circumstances.
Florida agencies have used it to hide the names of officers who sent a 15-year-old boy to the hospital, officers who fired bullets into moving cars and officers who released their K9 dogs on drunk and mentally ill people.
Marsy’s Law passed first in California in 2008 and, through a well-funded campaign by the woman's brother, is the law in 11 other states. It happened each time by ballot initiative, allowing voters to adopt all of its implications with a single yes.
Now, it is on the ballot in Kentucky, a state still reeling from the botched raid that killed Breonna Taylor, a 26-year-old Black medical worker in Louisville. Had it been in place this March, the public may not have learned the identities of the three white officers who opened fire.
Tweet Facebook Email Email this story Share Share this story Amye Bensenhaver, Kentucky Open Government Coalition Director This constitutional amendment is so ambiguous and has lent itself to so much misinterpretation, misapplication, inconsistency. Quote icon
“This constitutional amendment is so ambiguous and has lent itself to so much misinterpretation, misapplication, inconsistency,” said Amye Bensenhaver, director of the Kentucky Open Government Coalition and a former assistant state attorney general. “We will have those problems emerge, just as they have emerged in Florida.”
The law increasingly has been co-opted by police. It got on Florida’s ballot in 2018 after being introduced by a sheriff and revised with the help of two statewide law enforcement associations. Officers say it allows them to claim victim status in use-of-force cases where they say the suspect was the aggressor.
At least half of Florida's 30 largest police agencies said they apply it to shield the names of on-duty officers, a USA TODAY and ProPublica investigation found. For the agencies that do, reporters requested and reviewed thousands of pages of police reports from use-of-force incidents since January 2019.
Why were police in your neighborhood? Marsy's Law may make it tough to find out
The sheriff’s offices in Collier and Charlotte counties, in southwest Florida, have withheld deputies’ names in roughly 1 in 6 incidents in which an officer used force that resulted in a civilian’s injury. For the sheriff’s office in Hernando County, an hour’s drive north of Tampa, it’s nearly 1 in 3.
Local newsrooms in almost every region of Florida have been denied officers' names under Marsy's Law, with the Tampa Bay Times, the Tallahassee Democrat and The Palm Beach Post covering the controversy extensively.
The agencies rarely redacted the names of the suspects on whom they used force, including juveniles and mentally ill people in the thick of a crisis.
Top: The use-of-force report, with a deputy’s name redacted under Marsy's Law. Bottom: A Brooksville, Fla. man in a mental health crisis required staples in his head after Hernando County Sheriff’s deputy Chris Morito repeatedly hit him in the head with a flashlight. The man had allegedly attacked another deputy, whose name the sheriff’s office redacted from a use-of-force report. Left: The use-of-force report, with a deputy’s name redacted under Marsy's Law. Right: A Brooksville, Fla. man in a mental health crisis required staples in his head after Hernando County Sheriff’s deputy Chris Morito repeatedly hit him in the head with a flashlight. The man had allegedly attacked another deputy, whose name the sheriff’s office redacted from a use-of-force report. Left: The use-of-force report, with a deputy’s name redacted under Marsy's Law. Right: A Brooksville, Fla. man in a mental health crisis required staples in his head after Hernando County Sheriff’s deputy Chris Morito repeatedly hit him in the head with a flashlight. The man had allegedly attacked another deputy, whose name the sheriff’s office redacted from a use-of-force report. Hernando County Sheriff’s Office
Sometimes, the injuries officers cited when they invoked the victim status were as minor as a scraped knee, soreness or a twisted wrist. In one case, a Hernando County sheriff’s deputy photographed and noted a “minor, blunt-forced injury to my left index finger, causing a bone bruise on the lower joint of the same finger.”
The sheriff’s office refused to provide the pictures, even ones that blurred or blacked out the deputy’s face, citing Marsy’s Law and a provision in the state public records law that exempts photos of law enforcement officers from disclosure.
Officers sustained no injuries in at least half of the incidents for which they claimed victims’ rights, records show. Even minor movements that officers perceived as threatening, such as walking aggressively or reaching into a pocket, qualified as batteries on officers – triggering the law’s protection, according to the agencies.
Court records still typically provide police officers’ names. When criminal charges are filed against defendants, courts release unredacted versions of the same records police black out. But court records aren’t public if the defendant is a juvenile, and there are no charges to file if the suspect is dead.
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At least seven police agencies have withheld the names of officers who’ve killed civilians: the sheriff’s offices in Broward, Sarasota, Manatee, Charlotte and Hernando counties, and the police departments in Tampa and Tallahassee. Five of the deceased were white, two were Black and one was Hispanic.
A Tallahassee police officer brought the problems with Marsy's Law to light in May when he claimed victimhood status after fatally shooting Tony McDade, a Black transgender man who allegedly stabbed a neighbor’s son to death before pointing a gun at an officer.
Tallahassee police Chief Lawrence Revell didn’t release the names of the officers involved, fueling protests outside the police station and in the streets. Days later, the Florida Police Benevolent Association sued the city to make sure it wouldn’t change course. The police union’s lawsuit cited the growing anger over police violence as a reason to hide their names.
Hundreds of protesters march through downtown Tallahassee on June 3, 2020, demanding the removal of Police Chief Lawrence Revell after officers shot and killed three people over a three-month period. Tori Lynn Schneider/Tallahassee Democrat
“His fear for his safety is reasonable, especially given the current unrest that has followed in the wake of George Floyd’s death in Minneapolis,” the union said in court filings.
Mutaqee Akbar, the attorney for McDade’s family, said the police still haven’t told him the names of the officers, which has prevented both him and the public from investigating the officers’ past conduct. He worries about the implications for Black men across Florida, whom police kill at a disproportionate rate, state data shows.
“We always say, ‘Police as a whole are not all bad,’ but they’re protecting those who are at least perceived to be bad with Marsy’s Law,” Akbar said. “I don’t think the public would have voted for it if they had known these consequences to it. And I don’t believe that this was in the true spirit of what the law is.”
The identities of officers who have used violence against civilians is vital information that the public has a right to know, said Barbara Petersen, the former head of Florida’s First Amendment Foundation. Had the Minneapolis Police Department withheld the identity of Derek Chauvin, the officer charged with killing Floyd, the public may not have learned of his extensive history of using excessive force, Petersen said.
The notion that a law enforcement officer responding to a call could be considered a crime victim, she said, is “mind-boggling. … How are we supposed to know if they’ve acted appropriately? How do we know they haven’t done this before?”
Matt Puckett, executive director of the Florida Police Benevolent Association, acknowledged there should be limits on when officers can invoke Marsy’s Law.
“We need to have the [state] Supreme Court issue a ruling on it, because it's always going to be very subjective ... as to what would be worthy of a shield from victim's information,” Puckett said. “It's not hard to see a circumstance where you would go, ‘OK, that probably seems like not a fair use of the of the law.’”
Pasco County Sheriff Chris Nocco introduced Marsy’s Law in Florida. Now, he is one of the most vocal advocates for using it to automatically shield deputies’ names, including those of two in his agency who fired at a car driven by a man wanted for a string of carjackings in October 2019. The deputies said they were the victims of aggravated battery because the man allegedly tried to ram them with his car.
The alleged ramming was not shown in the soundless video released by the office. USA TODAY and ProPublica requested the incident report on Oct. 12 and the full video on Oct. 20; the office has not yet provided them.
Watch the body-camera footage Body-camera footage shows a Pasco Sheriff's deputy shooting at a moving vehicle driven by a man who had allegedly tried to ram deputies. The sheriff's office withheld the deputies' names and removed all audio from the video, citing Marsy's Law. USA TODAY
“The provision exists for victims across the spectrum, regardless of their profession,” said Nocco’s spokesman, Chase Daniels. “We believe there is the capability to both protect the victim and provide transparency under Marsy's Law, which we have done.”
Nocco and three other county sheriffs who routinely use Marsy’s Law – Brevard’s Wayne Ivey, Collier’s Kevin Rambosk and Charlotte’s Bill Prummell – declined to comment. In an emailed statement, Hernando County Sheriff Al Nienhuis said that Florida voters, “intentionally or unintentionally, did not provide exceptions based on the victim’s positions or actions.”
“Unless or until there is clarification by the Legislature or the Courts, I have elected to err on the side (of) caution and the side of any crime victim,” Nienhuis said.
Lauren Book, a state senator from Broward County and sexual assault survivor who campaigned for Marsy’s Law, introduced legislation in 2019 that would have exempted on-duty officers from the privacy benefits of the law, but her bill never got so much as a committee hearing.
“We need an implementing bill to create some clarity,” Book said. “Shielding the identities of law enforcement was never the intention. The goal was to protect victims of crimes – period, the end.”
Who was Marsy?
The controversial crime victims’ rights law was born of a tragedy.
In 1983, Marsalee Ann Nicholas, a 21-year-old student at the University of California, Santa Barbara, who went by Marsy, was stalked and shot to death by her ex-boyfriend, Kerry Michael Conley, when she came home for Thanksgiving.
Conley was arrested but remained free on bail for two years until he was convicted of second-degree murder. At a grocery store a week after her death, Conley allegedly accosted Nicholas' mother, who was on her way home from the funeral. The family said it had not been notified that Conley was out on bond.
Nicholas' mother and stepfather, Marcella and Bob Leach, became prominent advocates for victims’ rights, as well as harsher sentences for convicted felons. Along with Marsy’s brother, Henry Nicholas, the Leaches co-founded a nonprofit support organization for families of homicide victims, which they ran for decades.
Marcella Leach has been a driving force behind Marsy's Law, named after her daughter, Marsy Nicholas, who was murdered in 1983. Luis Sinco, Los Angeles Times via Getty Images
Nicholas, the billionaire co-founder of Broadcom Corp., in 2007 spearheaded a campaign to pass a comprehensive bill of rights for California crime victims. He recruited former Gov. Pete Wilson, legal scholars, law enforcement officials and victims’ rights advocates to draft a constitutional amendment bearing his sister’s name.
In 2008, California passed it as a ballot measure with nearly 54% of the vote.
The following year, Nicholas launched a national organization, Marsy’s Law for All, which has spent more than $100 million working to pass similar amendments in other states. So far, 11 more have active laws on the books: Florida, Georgia, Illinois, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota and Wisconsin.
While none of the states explicitly exempts on-duty police officers from the benefits of any part of the law, only in Florida, North Dakota and South Dakota can police officers use the law to shield their names from the public. That’s because those states’ amendments eliminate a key phrase from an original provision of the law that prohibits the release of information that could be used to “locate or harass” a victim.
Whereas California and others states’ provisions prohibit “the disclosure of confidential information to the defendant,” North Dakota’s version passed in November 2016 deleted the words “confidential” and “to the defendant” – leaving a provision that simply prohibits the disclosure of victim “information” to anyone. Florida and South Dakota followed suit in 2018.
North Dakota Attorney General Wayne Stenehjem quickly tried to clarify that the law does not protect the names of victims, unless they are children or victims of sex crimes or domestic violence.
“There is nothing under Marsy’s Law that protects the name of a victim or the victim’s family,” he wrote in January 2017 guidance.
Cops disregarded that guidance. In October 2017, a Bismarck police officer invoked Marsy’s Law after shooting and wounding a man who he said punched him and gouged his eyes. The agency declined to identify the officer, but The Bismarck Tribune uncovered his name and published it – prompting protesters to gather outside the newsroom in support of police.
In the months after, more North Dakota officers invoked the law, with support from Marsy’s Law for All: “Police officers can be victims just like anyone else,” spokesman Henry Goodwin told the Grand Forks Herald in July 2018.
Liz Brocker, spokeswoman for the North Dakota Attorney General's Office, said the state’s top lawyer can only provide advice to police. “By law, we have no jurisdiction or authority over local law enforcement agencies,” she said, “and we do not enforce or take complaints about Marsy's Law.”
Meanwhile, the law was working its way onto Florida’s ballot.
It had been introduced to Florida’s Constitutional Revision Commission, which gathers every 20 years to examine the state constitution and debate potential revisions. In this unusual process, politicians appoint 37 commission members to propose amendments and, if approved by at least 22 members, refer them directly to the ballot for a vote.
The Constitution Revision Commission held a public hearing at the Maxwell King Center for the Performing Arts at the Melbourne campus of Eastern Florida State College. TIM SHORTT/ FLORIDA TODAY
The 2017 commission was made up almost entirely of Republicans, many with direct ties to then-Gov. Rick Scott. Two members proposed similar versions of Marsy’s Law: Nocco, the Pasco sheriff, and Timothy Cerio, Scott’s former chief legal adviser.
Both versions contained the same “locate or harass” provision that was making news in North Dakota. Yet according to transcripts and videos from the commission proceedings, the issue never came up.
During a commission meeting in March 2018, Cerio thanked the Florida Sheriffs Association, the Florida Police Chiefs Association and several top state prosecutors for their support and their revisions to the initiative.
“It is especially meaningful to me that so many of these officials we look to, who played key roles in our criminal justice system, have frankly reviewed and have had direct input into the crafting, and maybe a little recrafting, of Marsy's Law,” Cerio said, according to a meeting transcript.
In November 2018, Florida voters passed it by a 23-point margin.
Gail Gitcho, a senior adviser for Marsy’s Law For All, insists that police influence was limited. “While law enforcement agencies did weigh in on some provisions of the language, not a single law enforcement officer or agency or organization had a hand in crafting, drafting or writing the privacy provision. None. Zero.”
The Florida Sheriffs Association and Florida Police Chiefs Association said they both provided input on Marsy’s Law before it went to the ballot but neither weighed in on the privacy provision. Spokespeople for the organizations said they were unaware at the time of how officers could use it to shield their identities.
“The association did not consider or analyze the laws of North Dakota or any other state when evaluating the proposed amendment to Florida’s constitution,” said William Stander, a spokesman for the Florida Police Chiefs Association, noting that the organization was not involved in drafting the law.
“The Florida Police Chiefs Association has not advocated for a particular interpretation of this or any other issue raised by the amendment, and we continue to call on the Florida Legislature to further clarify these ambiguities.”
The Florida Sheriffs Association declined to take a stance also.
Cerio did not respond to multiple calls and emails.
Florida cops seize opportunity
As police agencies across Florida adjusted to the new victims’ rights amendment in early 2019, the Jacksonville Sheriff’s Office put together a PowerPoint presentation to tell deputies how to follow Marsy’s Law. The last slide spelled out those who are not considered victims under the amendment, including suspects, the deceased and witnesses to a crime. A final note read, “Police Officers cannot invoke Marsy’s Law in the course of their official duty.”
Jacksonville deputies begged to differ. In January 2020, their union sued in state court, arguing they, too, had a right to confidentiality under the amendment. The case is awaiting trial.
Five months later, after a pair of fatal shootings, including that of McDade, by Tallahassee police officers, the Florida Police Benevolent Association sued the city of Tallahassee to block the release of the officers’ names.
Judge Charles Dodson was not convinced. In July, he cited the public’s right to access government records and ruled that the court “cannot interpret Marsy's Law to shield police officers from public scrutiny of their official actions.”
The police union is appealing the case, and the officers’ names are still sealed. In the meantime, Dodson’s ruling has not stopped police agencies in other parts of the state from using the law to their advantage.
Tweet Facebook Email Email this story Share Share this story John Herrell, Lake County Sheriff’s Office Spokesman While I like the intent of Marsy’s Law, I’m not a fan of its verbiage, and I hate the confusion it has created. Quote icon
USA TODAY and ProPublica surveyed 50 of the state’s largest police agencies about their interpretations of the law.
Of the 36 agencies that provided responses or records, 19 – including Miami Police Department and Hillsborough County Sheriff’s Office – said they apply the law to officers. Fifteen said they do not and two said they weren’t sure. The rest refused to answer or did not respond.
Of the 19, 12 have withheld the name of at least one deputy, with the others saying the situation has not yet come up.
Fatal shootings account for a fraction of the incidents. Far more often, police are withholding the names of officers involved in violent altercations with juveniles, intoxicated people or people experiencing mental health episodes. For instance:
Two Collier County sheriff’s deputies fought a 15-year-old boy in his own home after busting him for having friends over, in violation of his juvenile probation. One deputy suffered “shoulder soreness” and the other a cut on the hand. The teen’s mouth was cut during the altercation and he wound up in the hospital.
The Brevard County Sheriff’s Office, which covers the central east coast including Cape Canaveral, redacted the name of a deputy who fired her gun at a drunken driver who tried to flee. The woman allegedly sped in the direction of the deputy, who claimed she feared for her life, so she shot at her and missed.
The Charlotte County Sheriff's Office redacted the names of deputies who struggled with a suicidal man as he resisted being taken for a mental health evaluation. They twice used a Taser and repeatedly punched the man, who allegedly struck back with his fists and feet and snatched one of their police radios.
A Hernando County sheriff’s deputy released his German shepherd on a man who allegedly pointed a BB gun at him and wanted to die by police. The deputy knocked the gun away and then unleashed the dog, which latched onto the man’s ankle and ripped muscle out of his flesh. Although the deputy reported no injuries, the agency redacted not only his name but also his dog’s name, though court records later revealed it: Justice.
Top: The use-of-force report, with a deputy’s name redacted under Marsy's Law. Bottom: A hospital photo of the ankle injury after Hernando County deputies ordered their K9 to attack. Left: The use-of-force report, with a deputy’s name redacted under Marsy's Law. Right: A hospital photo of the ankle injury after Hernando County deputies ordered their K9 to attack. Left: The use-of-force report, with a deputy’s name redacted under Marsy's Law. Right: A hospital photo of the ankle injury after Hernando County deputies ordered their K9 to attack. Hernando County Sheriff’s Office
There is little uniformity in how the law is applied, with some agencies saying officers must invoke the law and others applying it automatically. Even within the same county, police agencies’ interpretations conflict. For example, the St. Petersburg Police Department allows its officers to invoke a right to confidentiality under Marsy’s Law if they choose. The Pinellas County Sheriff’s Office, which covers areas right outside the city, does not.
The law has also hampered the public’s right to know about important incidents involving civilians. In 2019, a Sarasota County day care worker was charged with abuse, caught on camera dragging and pushing children. The sheriff’s office refused to name the day care, saying that the victims opted into Marsy’s Law, and that naming the facility could have identified the children to the public.
John Herrell, a spokesman for the Lake County Sheriff’s Office in central Florida, which does not apply the law to deputies, said: “While I like the intent of Marsy’s Law, I’m not a fan of its verbiage, and I hate the confusion it has created.”
A violent attack
When Florida police request protected status under Marsy’s Law, it is often unclear from whom they are seeking protection.
In most states, Marsy’s Law narrowly protects victims and their families from being harassed by defendants. Yet in one southwest Florida case, deputies didn't object to sharing their names with the man who they claimed violently assaulted one of them, while telling USA TODAY and ProPublica that such information was a critical secret.
Trent Gilliland walked out of an upscale cocktail lounge in Naples, Florida, without paying his drink tab in September 2019.
Five Collier County sheriff’s deputies approached him outside the bar, police reports show. Gilliland began taunting the deputies, calling them names and saying they had “easy jobs.” The deputies warned him to watch what he said, the reports show.
“Or what?” Gilliland responded. “What are you going to do?”
According to the deputies’ version of events, Gilliland clenched his fists and stepped toward one deputy, who pushed him back. Gilliland then allegedly grabbed the deputy’s wrist and pulled his fingers back so far that the deputy thought his wrist might break. He and another deputy tackled Gilliland, and a different deputy released his German shepherd on him “to prevent injuries to deputies.” The dog bit Gilliland’s hip.
Gilliland was hospitalized and treated for two puncture wounds and then jailed for battery on a police officer and resisting arrest with violence, a felony. The deputy suffered a “minor” wrist injury and a scraped knee, the report shows.
Tweet Facebook Email Email this story Share Share this story Trent Gilliland I don’t think I was treated fairly. I feel like I should have gotten a letter of apology. Quote icon
Gilliland had forgotten his debit card, he told USA TODAY and ProPublica, and before the deputies arrived, he and the bar manager had agreed he would pay his tab the next day. They explained as much to the deputies after a security guard called them, the report shows. But the deputies still wouldn’t let him leave over concerns he would drive home drunk. Gilliland acknowledged being “smart” with the deputies. The next thing he remembers, he was “eating the pavement.”
“I was obviously intoxicated, but I was no threat,” he said. “There’s no way I could have twisted his finger if he had his knee on my back and three others were handcuffing me.”
The deputies never charged Gilliland for failing to pay his tab, and prosecutors dropped the battery charge, court records show. But he continued to face a felony charge of resisting arrest with violence, which carries a maximum sentence of five years imprisonment. He said his attorney told him that the video of the incident did not “look good” for him. (When reporters requested photos and videos from the case, the sheriff’s office said it possessed none, even though the report states “photographs were taken of the injuries.”)
Gilliland took a plea agreement that reduced the felony charge to a misdemeanor. He remains on probation for another year. As part of the deal, he must pay a fine, take an anger management class and write apology letters to all of the deputies involved in the incident.
“I did it because I had to, not because I wanted to,” Gilliland said. “I don’t think I was treated fairly. I feel like I should have gotten a letter of apology.”
His public defender gave him the details he needed to write the letters; he addressed them to each of the five deputies by name.


usatoday--2020-10-29--Republicans have already packed the Supreme Court. Unpack it by making it bigger.

Now that President Donald Trump has named a third of the highest bench in the land , the Supreme Court is already firmly packed .
So are the courts just below it , the 13 Circuit Courts of Appeals .
In fewer than four years , Trump and Senate Majority Leader McConnell have filled every circuit court vacancy , for a total of 53 ( though another opened up Monday with the death of a 1st Circuit Court judge ) .
With life-and-death decisions facing a Republican-skewed Supreme Court , it ’ s imperative , and a high priority , @ @ @ @ @ @ @ unpack the courts — just as assuredly and constitutionally as McConnell blithely refused a confirmation hearing or vote on President Barack Obama ’ s final Supreme Court nominee , Judge Merrick Garland .
During his two terms in the White House , Obama nominated and the Senate confirmed 55 judges to the circuit courts , just two more than Trump installed in half the time .
Had the Republicans not controlled the Senate during Obama 's last two years , permitting them to stall new appointments , he would have been able to @ @ @ @ @ @ @ almost tied Obama on this score because a president impeached for “ high crimes and misdemeanors ” values the law more than former constitutional law professor Obama ?
Because , with his career total of more than 3,500 legal actions ( 1,900 as plaintiff , 1,450 as defendant , and scores of bankruptcy proceedings involving him and his companies ) , Trump is more familiar with the procedures and duties of justice ?
If you believe that Trump reveres the law , I have a stately marble building in Washington to sell you @ @ @ @ @ @ @ high-end hotel .
When it comes to public health , intelligence , climate science and occupational health and safety , among many other spheres , Trump customarily disdains professionals , considering them to be ideological saboteurs , agents of a “ deep state ” and “ disasters.
” Apparently , in his fairy-tale America , independent thought is restricted to his courthouse appointments — though not the appointees of previous presidents , Republican or Democrat .
Pretty it would be to think that the federal courts , one of the three major branches @ @ @ @ @ @ @ expert professional bodies that decide cases independent of political atmosphere or preexisting ideological conditions .
So maintained Chief Justice John Roberts at his 2005 confirmation hearing when he spoke of justices as “ servants of the law , not the other way around . ''
He compared them to umpires who make sure `` everybody plays by the rules , ” and said the Supreme Court role is merely to “ call balls and strikes … not to pitch or bat.
” Reagan and Bush lawyers : Naked Republican hypocrisy is destroying trust @ @ @ @ @ @ @ or realistic , view is almost as old as the American League .
It was articulated in the words attributed , brogue and all , to a fictional Irish bartender by the Chicago humorist Finley Peter Dunne in 1901 : `` th ’ Supreme Coort follows th ’ iliction returns . ''
And not only the election returns but the outlooks of the appointing presidents and the tides of sentiment about what constitutes the proper roles of executive and legislative power .
In this case , careful research matches both common sense and @ @ @ @ @ @ @ , before either Obama or Trump stepped into the White House , shows that “ the political party of the president who appointed the judge matters — judges appointed by Republican presidents vote differently from Democratic appointees across a range of important cases.
” Court sizes are not set in concrete Is the size of the higher courts sacred ?
It ’ s not mentioned in the Constitution .
A majority of Congress has the right to adjust the size of the Supreme Court and has done so seven times .
As is @ @ @ @ @ @ @ to enlarge the Supreme Court in 1937 , when it had formed the habit of striking down New Deal legislation .
In FDR ’ s case , before Congress was to vote on his “ court packing '' proposal , two shrewd sitting justices observed the political tides shifting ( those “ iliction returns ” again ) and shifted their votes , enabling the court to uphold New Deal pillars like the National Labor Relations Act and the Social Security Act .
Nor is concern about the extremity of the Supreme Court 's @ @ @ @ @ @ @ before Roosevelt ’ s move , his cousin and Republican predecessor , Theodore — quoting his Republican predecessor Abraham Lincoln —warned against courts turning the U.S. Constitution and state constitutions into `` a means of thwarting instead of securing the absolute right of the people to rule themselves.
” Teddy Roosevelt proposed the popular recall of judicial decisions and proclaimed his stance “ the highest and wisest kind of conservatism.
” Retribution will come : Filling Ruth Bader Ginsburg 's Supreme Court seat would be a disastrous Republican move The current court is @ @ @ @ @ @ @ regulation , executive power against Congress and theocracy against religious liberty .
Packing has become a Republican maneuver at the state level , too .
In 2016 , the Arizona Legislature added two seats for Republican Gov .
Doug Ducey to fill .
And Republicans attempted similar maneuvers in North Carolina in 2016 and 2018 , only to see them rejected by legislators and a popular referendum .
Such is the strategy of a minority party hellbent on retaining power over the majority .
The way to undo these anti-democratic maneuvers is to @ @ @ @ @ @ @ a democratic republic that would function in fact , not just in name .
Starting with the one at the top .
Todd Gitlin is a professor of journalism and sociology at Columbia University and chair of its Ph.D. program in Communications .
His 17 books include `` The Sixties : Years of Hope , Days of Rage . ''
Follow him on Twitter : @ toddgitlin

Republicans have already packed the Supreme Court. Unpack it by making it bigger. A new Congress must vote to unpack the courts, just as assuredly and constitutionally as McConnell refused to consider Obama nominee Merrick Garland.
Show Caption Hide Caption Is it constitutional to 'pack' the supreme court with more justices? The Supreme Court didn't always have nine justices, in fact, it had more. But what changed and made nine the number that stuck? Just the FAQs, USA TODAY
Now that President Donald Trump has named a third of the highest bench in the land, the Supreme Court is already firmly packed. So are the courts just below it, the 13 Circuit Courts of Appeals.
In fewer than four years, Trump and Senate Majority Leader McConnell have filled every circuit court vacancy, for a total of 53 (though another opened up Monday with the death of a 1st Circuit Court judge). With life-and-death decisions facing a Republican-skewed Supreme Court, it’s imperative, and a high priority, for a new Congress to vote to unpack the courts — just as assuredly and constitutionally as McConnell blithely refused a confirmation hearing or vote on President Barack Obama’s final Supreme Court nominee, Judge Merrick Garland.
During his two terms in the White House, Obama nominated and the Senate confirmed 55 judges to the circuit courts, just two more than Trump installed in half the time. Had the Republicans not controlled the Senate during Obama's last two years, permitting them to stall new appointments, he would have been able to swear in many more.
Court follows election returns
Has Trump almost tied Obama on this score because a president impeached for “high crimes and misdemeanors” values the law more than former constitutional law professor Obama? Because, with his career total of more than 3,500 legal actions (1,900 as plaintiff, 1,450 as defendant, and scores of bankruptcy proceedings involving him and his companies), Trump is more familiar with the procedures and duties of justice? If you believe that Trump reveres the law, I have a stately marble building in Washington to sell you, suitable for a makeover into a high-end hotel.
When it comes to public health, intelligence, climate science and occupational health and safety, among many other spheres, Trump customarily disdains professionals, considering them to be ideological saboteurs, agents of a “deep state” and “disasters.” Apparently, in his fairy-tale America, independent thought is restricted to his courthouse appointments — though not the appointees of previous presidents, Republican or Democrat.
Pretty it would be to think that the federal courts, one of the three major branches of the federal government, are neutrally expert professional bodies that decide cases independent of political atmosphere or preexisting ideological conditions. So maintained Chief Justice John Roberts at his 2005 confirmation hearing when he spoke of justices as “servants of the law, not the other way around." He compared them to umpires who make sure "everybody plays by the rules,” and said the Supreme Court role is merely to “call balls and strikes … not to pitch or bat.”
Reagan and Bush lawyers: Naked Republican hypocrisy is destroying trust in Supreme Court
A more cynical, or realistic, view is almost as old as the American League. It was articulated in the words attributed, brogue and all, to a fictional Irish bartender by the Chicago humorist Finley Peter Dunne in 1901: "th’ Supreme Coort follows th’ iliction returns." And not only the election returns but the outlooks of the appointing presidents and the tides of sentiment about what constitutes the proper roles of executive and legislative power.
In this case, careful research matches both common sense and humor. A study published in 2006, before either Obama or Trump stepped into the White House, shows that “the political party of the president who appointed the judge matters — judges appointed by Republican presidents vote differently from Democratic appointees across a range of important cases.”
Court sizes are not set in concrete
Is the size of the higher courts sacred? It’s not mentioned in the Constitution. A majority of Congress has the right to adjust the size of the Supreme Court and has done so seven times.
As is well known, President Franklin Roosevelt proposed to enlarge the Supreme Court in 1937, when it had formed the habit of striking down New Deal legislation. In FDR’s case, before Congress was to vote on his “court packing" proposal, two shrewd sitting justices observed the political tides shifting (those “iliction returns” again) and shifted their votes, enabling the court to uphold New Deal pillars like the National Labor Relations Act and the Social Security Act.
Nor is concern about the extremity of the Supreme Court's powers limited to Democrats. Twenty-five years before Roosevelt’s move, his cousin and Republican predecessor, Theodore — quoting his Republican predecessor Abraham Lincoln —warned against courts turning the U.S. Constitution and state constitutions into "a means of thwarting instead of securing the absolute right of the people to rule themselves.” Teddy Roosevelt proposed the popular recall of judicial decisions and proclaimed his stance “the highest and wisest kind of conservatism.”
Retribution will come: Filling Ruth Bader Ginsburg's Supreme Court seat would be a disastrous Republican move
The current court is flagrantly packed to protect big business against regulation, executive power against Congress and theocracy against religious liberty.
Packing has become a Republican maneuver at the state level, too. In 2016, the Arizona Legislature added two seats for Republican Gov. Doug Ducey to fill. And Republicans attempted similar maneuvers in North Carolina in 2016 and 2018, only to see them rejected by legislators and a popular referendum.
Such is the strategy of a minority party hellbent on retaining power over the majority. The way to undo these anti-democratic maneuvers is to expand the courts in the name of a democratic republic that would function in fact, not just in name. Starting with the one at the top.
Todd Gitlin is a professor of journalism and sociology at Columbia University and chair of its Ph.D. program in Communications. His 17 books include "The Sixties: Years of Hope, Days of Rage." Follow him on Twitter: @toddgitlin


usatoday--2020-10-29--NFL trade deadline: What moves should all 32 teams make?

The NFL 's annual trade deadline is Tuesday at 4 p.m .
ET ... leaving just enough time for even the busiest league executives to get to the Election Day polls .
But first , they 'll likely be weighing several considerations which could make this year 's cutoff for deals especially intriguing : ► COVID-19 : If you 're looking to get a difference-maker into your building , it makes sense to pull the trigger on a deal well before Nov. 3 .
New players must undergo virus protocols while onboarding to a new team and likely would n't @ @ @ @ @ @ @ if moved on deadline day .
The Ravens wisely snatched DE Yannick Ngakoue during their bye week .
Similarly , by signing Antonio Brown well before his eight-game suspension ends , the Bucs could have him in uniform Nov. 8 .
► Expanded playoffs : This will be the first postseason featuring 14 teams after the league opted to add two to the field starting this year .
What does it mean for the deadline ?
Hard to say .
More clubs may view themselves as viable for a seventh seed and actively @ @ @ @ @ @ @ and in 10th place overall in the NFC , sent a sixth-rounder to the Cowboys on Tuesday for veteran DE Everson Griffen .
By the same token , teams like Detroit – or maybe the Raiders or Dolphins , also .500 teams on the playoff fringes – may be more reluctant to offload players .
► 2021 salary cap : Due to projected revenue losses caused by the pandemic , the NFL 's cap will shrink next year – an unfamiliar challenge to GMs accustomed to seeing it grow exponentially year over year @ @ @ @ @ @ @ to $ 175 million after each club was allocated a record $ 198.2 million this year .
For organizations facing a cap crunch , taking on a player with a hefty compensation package beyond 2020 could be a non-starter .
Conversely , those looking to shed salary might be more willing to part with an expensive player or two .
TO MAKE IT WORK : To thrive with Buccaneers , Antonio Brown needs to check his ego at the door With that backdrop in mind , let 's explore all 32 teams ' @ @ @ @ @ @ @ each ... Buffalo Bills ( 5-2 ) : They 're on track to win the division for the first time in 25 years but increasingly appear headed to the same one-and-done playoff finish they experienced in 2017 and last year .
However adding talent will probably be challenging given Buffalo is tight against the cap this year and next .
But an affordable running back – Todd Gurley , Duke Johnson or Melvin Gordon seem like viable options – could really help a team getting next to nothing on the ground .
Miami @ @ @ @ @ @ @ in a weird spot , winning three of their last four games in impressive fashion yet opting to replace veteran QB Ryan Fitzpatrick with rookie Tua Tagovailoa .
The Fins denied shopping high-priced CB Xavien Howard this week and have plenty of cap space to absorb more veterans .
But probably best to see how things unfold with Tagovailoa ... though listening to offers for Fitzpatrick , who 's unsigned beyond this season , might make sense if they can find a contender in search of an insurance policy .
Fitzpatrick has never @ @ @ @ @ @ @ enjoy the experience of at least holding a clipboard in January .
New England Patriots ( 2-4 ) : Maybe they 'll get back on track in Year 1 A.B .
( after Brady ... and Antonio Brown ) .
But there do n't appear to be any quick fixes here , and this is n't the easiest place to plug and play newcomers – remember the ill-fated swap for WR Mohamed Sanu last year , the one that cost the Pats a second-rounder ?
A selloff does n't even seem realistic given @ @ @ @ @ @ @ talents other teams do n't seem to see .
However – accepting offers for CB Stephon Gilmore , the reigning defensive player of the year , does make sense given the bounty he could produce .
He 's signed through next season , when he 's owed $ 7.5 million but no guarantees .
He could definitely be the final piece to a championship equation elsewhere .
And pie in the sky : It would be nice to do Brady a solid and send his buddy , RB James White ( who 's @ @ @ @ @ @ @ tough year personally ) , down to Tampa Bay .
New York Jets ( 0-7 ) : Credit GM Joe Douglas for getting table scraps by dealing DL Steve McLendon and Jordan Willis .
Maybe Douglas can extract more draft currency by putting DBs Marcus Maye and Brian Poole and ILB Avery Williamson – all will be free agents next year – and/or WR Jamison Crowder on the block given New York 's rebuild is effectively only beginning and should hit high gear next year with two first-round picks and loads of cap @ @ @ @ @ @ @ money in 2021 , but $ 10.5 million is a lot to pay a slot receiver – and retaining him should help with the development of QB Sam Darnold ... or whomever is under center for this team in a year .
Pittsburgh Steelers ( 6-0 ) : The last unbeaten standing , this group is obviously in good shape .
Might be nice to pick up some help at inside linebacker after losing Devin Bush .
The Jets ' Avery Williamson is a pending free agent making just $ 2.75 million in @ @ @ @ @ @ @ in 2021 and can hardly take on a large salary if they hope to keep OLB Bud Dupree and so many other key performers who could go free .
Baltimore Ravens ( 5-1 ) : No glaring holes here , especially after the addition of DE Yannick Ngakoue .
And though the Ravens are in good shape cap-wise next year , they need to re-sign LT Ronnie Stanley and will enter an extension window for QB Lamar Jackson in 2021 .
More depth at receiver or offensive line would be nice but also @ @ @ @ @ @ @ ( 5-2 ) : They project as the AFC 's sixth seed .
But if they want to end the league 's longest current playoff drought ( 2002 ) , the Browns may need to start maneuvering , especially as it pertains to shoring up their shoddy pass defense .
The Jets ' Brian Poole , Giants ' Logan Ryan , Vikings ' Anthony Harris and Broncos ' Justin Simmons would all provide a boost to the secondary .
Approaching former coach Bill Belichick about CB Stephon Gilmore would be a game changer @ @ @ @ @ @ @ afford him .
Probably not all that pressing to find a nominal replacement for injured WR Odell Beckham Jr. given how much Cleveland runs , but it would make sense to move TE David Njoku if a decent offer surfaces .
Cincinnati Bengals ( 1-5-1 ) : They 're rarely active when it comes to wheeling and dealing .
However they sent DE Carlos Dunlap to Seattle on Wednesday and should strongly consider liberating thirty-something stars like WR A.J .
Green and DT Geno Atkins – like Dunlap , both are dealing with @ @ @ @ @ @ @ veterans who no longer appear part of Cincy 's long-term plans might even cast this franchise in a more positive light , which could help with P.R .
as it starts recalibrating around an impressive young nucleus .
Tennessee Titans ( 5-1 ) : They 're average at best defensively and should probably be exploring help at every level .
But the overriding concern should be the loss of LT Taylor Lewan to an ACL tear – Tennessee ran for a season-low 82 yards Sunday in its first game without the perennial Pro @ @ @ @ @ @ @ in the short term , even though he 's unsigned for 2021 , might be a pipe dream – but an exploratory call could n't hurt .
Adding someone like Panthers LT Russell Okung seems more realistic .
Indianapolis Colts ( 4-2 ) : QB Philip Rivers is coming off his best game , so definitively no need to float a ridiculous notion like trading for Matt Ryan .
But what about pursuing another battle-tested veteran like Vikings S Harrison Smith ?
Malik Hooker did n't work out , so why not take @ @ @ @ @ @ @ remainder of this season and all of 2021 ?
The near $ 11 million Smith is owed next year would easily integrate into Indy 's payroll .
And adding a chess piece the caliber of this former Notre Dame star only solidifies an already formidable unit .
Houston Texans ( 1-6 ) : No question they should be rebooting – and that means replenishing draft resources surrendered by ousted coach/GM Bill O'Brien , who already divested next year 's Round 1 and 2 selections .
RB Duke Johnson and WRs Will Fuller V @ @ @ @ @ @ @ bring decent value .
But bigger picture , whither DL J.J. Watt ?
The aging superstar might love the opportunity to make a Super Bowl run with , say , Seattle and letting him leave could accelerate a rebuild in Houston .
But will team chairman Cal McNair sign off on any significant proposals with no permanent front office in place ?
Jacksonville Jaguars ( 1-6 ) : Probably not much to discuss here unless someone comes calling for one of their veteran blockers , namely Andrew Norwell or Brandon Linder .
Kansas @ @ @ @ @ @ @ reigning champs are as good as anybody , especially after adding RB Le'Veon Bell .
But given an overextended cap situation in 2021 , tough to justify any further moves of significance .
Las Vegas Raiders ( 3-3 ) : Only the Cowboys are surrendering more points than Vegas ' 32.8 per game .
GM Mike Mayock does n't have the cap space to go after a player like Watt , who does n't have an expiring contract .
But that does n't mean he could n't pursue short-term help for this year @ @ @ @ @ @ @ rusher Ryan Kerrigan or Giants DL Leonard Williams perhaps prime examples .
Los Angeles Chargers ( 2-4 ) : They 're unlikely to be buyers in light of their rough start .
But given the holes about to open on his offensive line , maybe GM Tom Telesco should consider pursuing the Jaguars ' Andrew Norwell or Brandon Linder .
Falcons C Alex Mack or Washington G Brandon Scherff could also bolster protection for rookie QB Justin Herbert , who looks like a gem .
On the other side of the ball , @ @ @ @ @ @ @ names of soon-to-be free agents like DE Melvin Ingram , LB Denzel Perryman and/or CBs Desmond King and Michael Davis .
Denver Broncos ( 2-4 ) : LT Garett Bolles , RB Melvin Gordon , S Justin Simmons and DL Shelby Harris might all fetch intriguing value – each of them scheduled to be free agents except Gordon , who 's signed through 2021 .
Bolles ' fifth-year option was declined in May , however he 's currently rated as Pro Football Focus ' top tackle and seems to have actually played his @ @ @ @ @ @ @ future .
Denver looked like a potential wild-card outfit entering the season , but injuries and uneven play currently have them ranked 11th among the AFC 's 16 teams .
Focusing beyond 2020 seems like the best bet here .
Philadelphia Eagles ( 2-4-1 ) : The division is a mess , but so is Philly 's 2021 cap – GM Howie Roseman looking at a $ 69 million overdraw , per overthecap.com .
Despite their record , the Eagles seem to have the inside track to the division crown even as they @ @ @ @ @ @ @ is thinking of fortifying one area , O-line makes the most sense .
Washington Football Team ( 2-5 ) : First-year coach Ron Rivera pulled the plug on second-year QB Dwayne Haskins believing Washington could make a serious push for the division title .
Entering Week 8 , the Football Team is a half-game out of first place ... and yet it seems folly to be in anything other than a sell mode .
Rivera wants to cultivate a winning culture , but the long view dictates the team should strongly consider leveraging @ @ @ @ @ @ @ DE Ryan Kerrigan , neither signed beyond this year .
Dallas Cowboys ( 2-5 ) : Beat the Eagles on Sunday night , and Dallas is alone in first place .
However it seems misguided to think this spiraling club can legitimately contend amid its copious issues , namely the absence of QB Dak Prescott and a quickly fraying group of blockers .
The Cowboys already cut DT Dontari Poe and CB Daryl Worley , exported DE Everson Griffen and might be wise to dangle the likes of DE Aldon Smith and S @ @ @ @ @ @ @ to create cap space to accommodate another franchise tag for Prescott in 2021 .
New York Giants ( 1-6 ) : Given the hole they 're in , why would n't embattled GM Dave Gettleman be trying to accumulate draft capital by offering DL Leonard Williams and Dalvin Tomlinson , DB Logan Ryan , TE Evan Engram or OLB Kyler Fackrell given all but Engram are eligible to leave in a few months ?
Green Bay Packers ( 5-1 ) : Not much cap flexibility here , especially considering the pending reinvestment required @ @ @ @ @ @ @ LT David Bakhtiari .
But seriously , after ignoring the receiver position in the draft , should n't GM Brian Gutekunst at least make serious inquiries for players like Will Fuller V or A.J .
Green to help QB Aaron Rodgers and complement No .
1 WR Davante Adams ?
The Pack is , after all , currently tracking toward the NFC 's top seed .
Chicago Bears ( 5-2 ) : Their record suggests contender status .
The on-field product indicates otherwise .
WRs A.J .
Green , Will Fuller V or @ @ @ @ @ @ @ offense thirsty for firepower .
But GM Ryan Pace and coach Matt Nagy really have to ask themselves if it 's worth gambling much to bolster this squad .
Detroit Lions ( 3-3 ) : They 've won three of four , and the schedule seems to pave the way for a promising second half .
The acquisition of DE Everson Griffen signals Detroit views itself as a factor – but it 's also worth noting GM Bob Quinn and coach Matt Patricia are fighting for their jobs .
Defensive linemen like Ryan @ @ @ @ @ @ @ or New England 's Lawrence Guy would further bolster the Lions ' front ... though what they could really use is a cover guy like Logan Ryan , Brian Poole or Desmond King .
But successfully stalking Patriots CB Stephon Gilmore would be a real coup .
Patricia and Quinn have studded their roster with ex-Pats , and the notion of combatting Aaron Rodgers with Gilmore and rookie Jeff Okudah would be quite enticing .
Minnesota Vikings ( 1-5 ) : Flipping DE Yannick Ngakoue to Baltimore after just six games served as @ @ @ @ @ @ @ 2020 campaign .
Now it remains to be seen what , if anything , they do with Harrison Smith and Anthony Harris , a sterling safety combo , but one that might prove more valuable if broken up .
Tampa Bay Buccaneers ( 5-2 ) : They really are n't lacking for much .
If anything , an ideal course of action might be targeting one more run stuffer , perhaps the Giants ' Dalvin Tomlinson , in a continued effort to spackle over the loss of injured Vita Vea .
New Orleans @ @ @ @ @ @ @ says they 're not trading WR Michael Thomas , so there 's that .
Though currently a half-game out of the playoff picture , New Orleans appears to be in solid shape – especially with Thomas likely returning to the lineup soon .
Projected to be a league-worst $ 78 million over the cap next year , a major transaction probably is n't feasible .
But minor ones – namely a brief rental of secondary help – would be logical .
Carolina Panthers ( 3-4 ) : Rookie coach Matt Rhule has had @ @ @ @ @ @ @ see this team 's ceiling exceeding a .500 finish .
Veteran LT Russell Okung could be a commodity .
But the deft move might be peddling RB Mike Davis coming off his series of strong performances given Christian McCaffrey 's comeback from injury appears imminent .
Atlanta Falcons ( 1-6 ) : Like the Texans , another team that 's out of it but unlikely to execute a massive fire sale before a new coach and GM are hired .
It 's fun to speculate about megadeals involving QB Matt Ryan or WR @ @ @ @ @ @ @ make it highly doubtful either player is going anywhere – and reports surfacing Wednesday indicate as much .
However Arthur Blank should strongly consider letting RB Todd Gurley , C Alex Mack , S Keanu Neal or DE Takk McKinley go if they generate passable offers .
Seattle Seahawks ( 5-1 ) : A defense ranked dead last in the league – and one that 's managed a mere nine sacks – was wise to bolster its line rotation by importing DE Carlos Dunlap , 31 , from Cincinnati on Wednesday .
But @ @ @ @ @ @ @ as Melvin Ingram or Ryan Kerrigan would be manna from heaven .
However for the dreamers , it 's worth noting that the Seahawks have the cap room in 2021 to realistically take on a player like J.J. Watt , due $ 17.5 million in the final year of his contract .
Arizona Cardinals ( 5-2 ) : If it turns out J.J. Watt is in play , they 've also got room to incorporate him into their salary structure – and imagine him paired with OLB Chandler Jones next year .
( @ @ @ @ @ @ @ Houstonians probably could n't stomach any more dealings with Arizona . )
But if the Cards do anything , they might be wiser to look for blocking help or – depending on the severity of RB Kenyan Drake 's injury – tailback depth , i.e .
Todd Gurley or perhaps Duke Johnson .
Los Angeles Rams ( 5-2 ) : They 've already mortgaged several draft picks and will have to slash salaries to be cap-compliant next year .
Upgrades at linebacker would help , but this somewhat surprising squad is on solid @ @ @ @ @ @ @ 4-3 ) : Despite a winning record , the Niners are mired in last place – which could still mean a playoff trip in a 14-team field .
A decimated D-line could use reinforcements – maybe former Washington LT Trent Williams should start back-channel recruitment of Ryan Kerrigan .
But the reality is that GM John Lynch does n't have much room to fiscally maneuver as much as a player like Kerrigan or Melvin Ingram might help .
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Join @ @ @ @ @ @ @ the Field , to engage in friendly debate and conversation with fellow football fans and our NFL insiders .
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NFL trade deadline: What moves should all 32 teams make?
Show Caption Hide Caption Tim Tebow on Tua making his first NFL start: 'He's the most pure pocket passer I've ever seen' SportsPulse: Mackenzie Salmon connected with one famous left handed quarterback to talk about another. Tim Tebow did not mince words with how great he thinks Tua Tagovailoa can really be. SportsPulse, USA TODAY
The NFL's annual trade deadline is Tuesday at 4 p.m. ET ... leaving just enough time for even the busiest league executives to get to the Election Day polls. But first, they'll likely be weighing several considerations which could make this year's cutoff for deals especially intriguing:
► COVID-19: If you're looking to get a difference-maker into your building, it makes sense to pull the trigger on a deal well before Nov. 3. New players must undergo virus protocols while onboarding to a new team and likely wouldn't be eligible to play in Week 9 if moved on deadline day. The Ravens wisely snatched DE Yannick Ngakoue during their bye week. Similarly, by signing Antonio Brown well before his eight-game suspension ends, the Bucs could have him in uniform Nov. 8.
► Expanded playoffs: This will be the first postseason featuring 14 teams after the league opted to add two to the field starting this year. What does it mean for the deadline? Hard to say. More clubs may view themselves as viable for a seventh seed and actively shop. The Lions, currently 3-3 and in 10th place overall in the NFC, sent a sixth-rounder to the Cowboys on Tuesday for veteran DE Everson Griffen. By the same token, teams like Detroit – or maybe the Raiders or Dolphins, also .500 teams on the playoff fringes – may be more reluctant to offload players.
► 2021 salary cap: Due to projected revenue losses caused by the pandemic, the NFL's cap will shrink next year – an unfamiliar challenge to GMs accustomed to seeing it grow exponentially year over year. Spending for 2021 could be limited to $175 million after each club was allocated a record $198.2 million this year. For organizations facing a cap crunch, taking on a player with a hefty compensation package beyond 2020 could be a non-starter. Conversely, those looking to shed salary might be more willing to part with an expensive player or two.
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With that backdrop in mind, let's explore all 32 teams' outlooks and make some pre-deadline assessments for each ...
AFC East
Buffalo Bills (5-2): They're on track to win the division for the first time in 25 years but increasingly appear headed to the same one-and-done playoff finish they experienced in 2017 and last year. However adding talent will probably be challenging given Buffalo is tight against the cap this year and next. But an affordable running back – Todd Gurley, Duke Johnson or Melvin Gordon seem like viable options – could really help a team getting next to nothing on the ground.
Miami Dolphins (3-3): They're in a weird spot, winning three of their last four games in impressive fashion yet opting to replace veteran QB Ryan Fitzpatrick with rookie Tua Tagovailoa. The Fins denied shopping high-priced CB Xavien Howard this week and have plenty of cap space to absorb more veterans. But probably best to see how things unfold with Tagovailoa ... though listening to offers for Fitzpatrick, who's unsigned beyond this season, might make sense if they can find a contender in search of an insurance policy. Fitzpatrick has never appeared in a playoff game and might enjoy the experience of at least holding a clipboard in January.
New England Patriots (2-4): Maybe they'll get back on track in Year 1 A.B. (after Brady ... and Antonio Brown). But there don't appear to be any quick fixes here, and this isn't the easiest place to plug and play newcomers – remember the ill-fated swap for WR Mohamed Sanu last year, the one that cost the Pats a second-rounder? A selloff doesn't even seem realistic given Bill Belichick's unique way of maximizing talents other teams don't seem to see. However – accepting offers for CB Stephon Gilmore, the reigning defensive player of the year, does make sense given the bounty he could produce. He's signed through next season, when he's owed $7.5 million but no guarantees. He could definitely be the final piece to a championship equation elsewhere. And pie in the sky: It would be nice to do Brady a solid and send his buddy, RB James White (who's headed for free agency and having a tough year personally), down to Tampa Bay.
New York Jets (0-7): Credit GM Joe Douglas for getting table scraps by dealing DL Steve McLendon and Jordan Willis. Maybe Douglas can extract more draft currency by putting DBs Marcus Maye and Brian Poole and ILB Avery Williamson – all will be free agents next year – and/or WR Jamison Crowder on the block given New York's rebuild is effectively only beginning and should hit high gear next year with two first-round picks and loads of cap space. Crowder is owed no guaranteed money in 2021, but $10.5 million is a lot to pay a slot receiver – and retaining him should help with the development of QB Sam Darnold ... or whomever is under center for this team in a year.
AFC North
Pittsburgh Steelers (6-0): The last unbeaten standing, this group is obviously in good shape. Might be nice to pick up some help at inside linebacker after losing Devin Bush. The Jets' Avery Williamson is a pending free agent making just $2.75 million in 2020, but the Steelers are cap-strapped in 2021 and can hardly take on a large salary if they hope to keep OLB Bud Dupree and so many other key performers who could go free.
Baltimore Ravens (5-1): No glaring holes here, especially after the addition of DE Yannick Ngakoue. And though the Ravens are in good shape cap-wise next year, they will enter an extension window for QB Lamar Jackson in 2021. More depth at receiver or offensive line would be nice but also qualify as luxury moves.
Cleveland Browns (5-2): They project as the AFC's sixth seed. But if they want to end the league's longest current playoff drought (2002), the Browns may need to start maneuvering, especially as it pertains to shoring up their shoddy pass defense. The Jets' Brian Poole, Giants' Logan Ryan, Vikings' Anthony Harris and Broncos' Justin Simmons would all provide a boost to the secondary. Approaching former coach Bill Belichick about CB Stephon Gilmore would be a game changer, especially given the Browns could easily afford him. Probably not all that pressing to find a nominal replacement for injured WR Odell Beckham Jr. given how much Cleveland runs, but it would make sense to move TE David Njoku if a decent offer surfaces.
Cincinnati Bengals (1-5-1): They're rarely active when it comes to wheeling and dealing. However they sent DE Carlos Dunlap to Seattle on Wednesday and should strongly consider liberating thirty-something stars like WR A.J. Green and DT Geno Atkins – like Dunlap, both are dealing with reduced roles anyway. Doing right by veterans who no longer appear part of Cincy's long-term plans might even cast this franchise in a more positive light, which could help with P.R. as it starts recalibrating around an impressive young nucleus.
AFC South
Tennessee Titans (5-1): They're average at best defensively and should probably be exploring help at every level. But the overriding concern should be the loss of LT Taylor Lewan to an ACL tear – Tennessee ran for a season-low 82 yards Sunday in its first game without the perennial Pro Bowler. Getting Broncos LT Garett Bolles in the short term, even though he's unsigned for 2021, might be a pipe dream – but an exploratory call couldn't hurt. Adding someone like Panthers LT Russell Okung seems more realistic.
Indianapolis Colts (4-2): QB Philip Rivers is coming off his best game, so definitively no need to float a ridiculous notion like trading for Matt Ryan. But what about pursuing another battle-tested veteran like Vikings S Harrison Smith? Malik Hooker didn't work out, so why not take on a five-time Pro Bowler for the remainder of this season and all of 2021? The near $11 million Smith is owed next year would easily integrate into Indy's payroll. And adding a chess piece the caliber of this former Notre Dame star only solidifies an already formidable unit.
Houston Texans (1-6): No question they should be rebooting – and that means replenishing draft resources surrendered by ousted coach/GM Bill O'Brien, who already divested next year's Round 1 and 2 selections. RB Duke Johnson and WRs Will Fuller V, Randall Cobb and Kenny Stills might bring decent value. But bigger picture, whither DL J.J. Watt? The aging superstar might love the opportunity to make a Super Bowl run with, say, Seattle and letting him leave could accelerate a rebuild in Houston. But will team chairman Cal McNair sign off on any significant proposals with no permanent front office in place?
Jacksonville Jaguars (1-6): Probably not much to discuss here unless someone comes calling for one of their veteran blockers, namely Andrew Norwell or Brandon Linder.
AFC West
Kansas City Chiefs (6-1): The reigning champs are as good as anybody, especially after adding RB Le'Veon Bell. But given an overextended cap situation in 2021, tough to justify any further moves of significance.
Las Vegas Raiders (3-3): Only the Cowboys are surrendering more points than Vegas' 32.8 per game. GM Mike Mayock doesn't have the cap space to go after a player like Watt, who doesn't have an expiring contract. But that doesn't mean he couldn't pursue short-term help for this year, pending free agents like Washington pass rusher Ryan Kerrigan or Giants DL Leonard Williams perhaps prime examples.
Los Angeles Chargers (2-4): They're unlikely to be buyers in light of their rough start. But given the holes about to open on his offensive line, maybe GM Tom Telesco should consider pursuing the Jaguars' Andrew Norwell or Brandon Linder. Falcons C Alex Mack or Washington G Brandon Scherff could also bolster protection for rookie QB Justin Herbert, who looks like a gem. On the other side of the ball, it might make sense to float the names of soon-to-be free agents like DE Melvin Ingram, LB Denzel Perryman and/or CBs Desmond King and Michael Davis.
Denver Broncos (2-4): LT Garett Bolles, RB Melvin Gordon, S Justin Simmons and DL Shelby Harris might all fetch intriguing value – each of them scheduled to be free agents except Gordon, who's signed through 2021. Bolles' fifth-year option was declined in May, however he's currently rated as Pro Football Focus' top tackle and seems to have actually played his way back into the Broncos' long-term future. Denver looked like a potential wild-card outfit entering the season, but injuries and uneven play currently have them ranked 11th among the AFC's 16 teams. Focusing beyond 2020 seems like the best bet here.
NFC East
Philadelphia Eagles (2-4-1): The division is a mess, but so is Philly's 2021 cap – GM Howie Roseman looking at a $69 million overdraw, per overthecap.com. Despite their record, the Eagles seem to have the inside track to the division crown even as they're presently constructed. But if Roseman is thinking of fortifying one area, O-line makes the most sense.
Washington Football Team (2-5): First-year coach Ron Rivera pulled the plug on second-year QB Dwayne Haskins believing Washington could make a serious push for the division title. Entering Week 8, the Football Team is a half-game out of first place ... and yet it seems folly to be in anything other than a sell mode. Rivera wants to cultivate a winning culture, but the long view dictates the team should strongly consider leveraging aging vets like G Brandon Scherff and DE Ryan Kerrigan, neither signed beyond this year.
Dallas Cowboys (2-5): Beat the Eagles on Sunday night, and Dallas is alone in first place. However it seems misguided to think this spiraling club can legitimately contend amid its copious issues, namely the absence of QB Dak Prescott and a quickly fraying group of blockers. The Cowboys already cut DT Dontari Poe and CB Daryl Worley, exported DE Everson Griffen and might be wise to dangle the likes of DE Aldon Smith and S Xavier Woods considering they'll likely have to create cap space to accommodate another franchise tag for Prescott in 2021.
New York Giants (1-6): Given the hole they're in, why wouldn't embattled GM Dave Gettleman be trying to accumulate draft capital by offering DL Leonard Williams and Dalvin Tomlinson, DB Logan Ryan, TE Evan Engram or OLB Kyler Fackrell given all but Engram are eligible to leave in a few months?
NFC North
Green Bay Packers (5-1): Not much cap flexibility here, especially considering the pending reinvestment required for the offensive line – notably stellar LT David Bakhtiari. But seriously, after ignoring the receiver position in the draft, shouldn't GM Brian Gutekunst at least make serious inquiries for players like Will Fuller V or A.J. Green to help QB Aaron Rodgers and complement No. 1 WR Davante Adams? The Pack is, after all, currently tracking toward the NFC's top seed.
Chicago Bears (5-2): Their record suggests contender status. The on-field product indicates otherwise. WRs A.J. Green, Will Fuller V or Kenny Stills could almost surely assist an offense thirsty for firepower. But GM Ryan Pace and coach Matt Nagy really have to ask themselves if it's worth gambling much to bolster this squad.
Detroit Lions (3-3): They've won three of four, and the schedule seems to pave the way for a promising second half. The acquisition of DE Everson Griffen signals Detroit views itself as a factor – but it's also worth noting GM Bob Quinn and coach Matt Patricia are fighting for their jobs. Defensive linemen like Ryan Kerrigan, Leonard Williams, Shelby Harris or New England's Lawrence Guy would further bolster the Lions' front ... though what they could really use is a cover guy like Logan Ryan, Brian Poole or Desmond King. But successfully stalking Patriots CB Stephon Gilmore would be a real coup. Patricia and Quinn have studded their roster with ex-Pats, and the notion of combatting Aaron Rodgers with Gilmore and rookie Jeff Okudah would be quite enticing.
Minnesota Vikings (1-5): Flipping DE Yannick Ngakoue to Baltimore after just six games served as the Vikes' white flag on the 2020 campaign. Now it remains to be seen what, if anything, they do with Harrison Smith and Anthony Harris, a sterling safety combo, but one that might prove more valuable if broken up.
NFC South
Tampa Bay Buccaneers (5-2): They really aren't lacking for much. If anything, an ideal course of action might be targeting one more run stuffer, perhaps the Giants' Dalvin Tomlinson, in a continued effort to spackle over the loss of injured Vita Vea.
New Orleans Saints (4-2): Sean Payton says they're not trading WR Michael Thomas, so there's that. Though currently a half-game out of the playoff picture, New Orleans appears to be in solid shape – especially with Thomas likely returning to the lineup soon. Projected to be a league-worst $78 million over the cap next year, a major transaction probably isn't feasible. But minor ones – namely a brief rental of secondary help – would be logical.
Carolina Panthers (3-4): Rookie coach Matt Rhule has had a nice debut, but hard to see this team's ceiling exceeding a .500 finish. Veteran LT Russell Okung could be a commodity. But the deft move might be peddling RB Mike Davis coming off his series of strong performances given Christian McCaffrey's comeback from injury appears imminent.
Atlanta Falcons (1-6): Like the Texans, another team that's out of it but unlikely to execute a massive fire sale before a new coach and GM are hired. It's fun to speculate about megadeals involving QB Matt Ryan or WR Julio Jones, but their mammoth contracts make it highly doubtful either player is going anywhere – and reports surfacing Wednesday indicate as much. However Arthur Blank should strongly consider letting RB Todd Gurley, C Alex Mack, S Keanu Neal or DE Takk McKinley go if they generate passable offers.
NFC West
Seattle Seahawks (5-1): A defense ranked dead last in the league – and one that's managed a mere nine sacks – was wise to bolster its line rotation by importing DE Carlos Dunlap, 31, from Cincinnati on Wednesday. But why stop there? Pass rushers such as Melvin Ingram or Ryan Kerrigan would be manna from heaven. However for the dreamers, it's worth noting that the Seahawks have the cap room in 2021 to realistically take on a player like J.J. Watt, due $17.5 million in the final year of his contract.
Arizona Cardinals (5-2): If it turns out J.J. Watt is in play, they've also got room to incorporate him into their salary structure – and imagine him paired with OLB Chandler Jones next year. (Though after losing WR DeAndre Hopkins, Houstonians probably couldn't stomach any more dealings with Arizona.) But if the Cards do anything, they might be wiser to look for blocking help or – depending on the severity of RB Kenyan Drake's injury – tailback depth, i.e. Todd Gurley or perhaps Duke Johnson.
Los Angeles Rams (5-2): They've already mortgaged several draft picks and will have to slash salaries to be cap-compliant next year. Upgrades at linebacker would help, but this somewhat surprising squad is on solid ground regardless.
San Francisco 49ers (4-3): Despite a winning record, the Niners are mired in last place – which could still mean a playoff trip in a 14-team field. A decimated D-line could use reinforcements – maybe former Washington LT Trent Williams should start back-channel recruitment of Ryan Kerrigan. But the reality is that GM John Lynch doesn't have much room to fiscally maneuver as much as a player like Kerrigan or Melvin Ingram might help.
***
Follow USA TODAY Sports' Nate Davis on Twitter @ByNateDavis.
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