courthousenews--2020-11-19--Canadian Border Guard Denies Helping FBI in Questioning of Huawei Executive

( CN ) — A Canadian border guard involved in the initial questioning of embattled Huawei Technologies CFO Meng Wanzhou staunchly denied that he intended to gather evidence that could be of use to the FBI as Meng ’ s lawyers continued their attack on the Canada Border Services Agency ’ s handling of the telecom executive upon her arrival in Vancouver in December 2018 .
Hearings into abuse of process allegations levelled at Canadian authorities by Meng continued in British Columbia Supreme Court this week as witness testimony spilled over from last month , where court heard testimony from @ @ @ @ @ @ @ Police and a superintendent with the CBSA involved with Meng ’ s airport examination and eventual arrest on a U.S. extradition warrant for fraud charges leveled in New York .
Meng , who denies the allegations , is accused of defrauding an HSBC executive in a 2013 meeting in Hong Kong spurred by Reuters ’ reports about a Huawei subsidiary known as SkyCom running afoul of American sanctions on Iran .
In testimony Wednesday , Meng ’ s lawyer Mona Duckett grilled CBSA Superintendent Sanjit Dhillon over his questioning of Meng after she @ @ @ @ @ @ @ immigration exam by the border agency in the hours before her arrest by the RCMP .
Duckett ’ s questions focused on what she asserted are dubious national security and espionage concerns border guards used to probe Meng about Huawei ’ s dealings in Iran .
She claimed notes and statutory declarations made by border guards were lacking crucial details about the fateful interaction that would set off an international incident that put Canada and China on a diplomatic collision course .
“ You didn ’ t ask any question about where in @ @ @ @ @ @ @ you had no interest in anything other than the United States , ” Duckett said to Dhillon on the stand .
“ I didn ’ t have anything in my mind about the United States regarding my questioning of her , despite the fact that her company can ’ t sell their products there for security concerns , ” Dhillon replied .
Earlier , the court heard how he ’ d spent about 10 minutes on an open-source online search of Meng , which brought him to Huawei ’ s Wikipedia page , @ @ @ @ @ @ @ mentioning U.S. sanctions .
“ You went directly to the United States in your questioning , I suggest , ” Duckett said .
“ Because her company can ’ t sell products there because of a security and espionage concern , ” Dhillon said .
“ And contrary to what you told this court under oath on November 16 , you did not ask her where in the world her company sold products , ” Duckett continued .
“ You didn ’ t record it anywhere.
” “ I did ask her that @ @ @ @ @ @ @ it in my statutory declaration that day because I didn ’ t consider it to be significant , ” the border agent replied .
“ And if you ’ re making an inquiry about Canadian espionage , that ’ s much more relevant than a question about whether they sold in the U.S. , isn ’ t it ?
” Duckett asked .
“ I ’ m not sure what you ’ re asking me , ” Dhillon said .
“ If there ’ s a company that can ’ t sell products @ @ @ @ @ @ @ security concern , maybe the security concern hasn ’ t been determined yet in Canada.
” Duckett then pointed out that the Wikipedia page also mentions Huawei doing business in other sanctioned countries including Syria , North Korea and Venezuela , all of which the border guard didn ’ t ask Meng about that day .
She proposed that Meng was not pulled into an examination by border guards to determine her admissibility to Canada , but rather to probe her for information about Huawei ’ s dealings in Iran and possible sanctions @ @ @ @ @ @ @ FBI .
“ Are you aware that not one CBSA officer ’ s notes or statutory declarations make any reference to national security in this case ?
” She said .
“ My proposition is that you did not question her about admissibility issues , but you questioned her about the topic of the U.S. warrant which you knew from the meeting from the police was related to Iran and sanctions.
” “ I don ’ t know what ’ s contained in other officers ’ notes or statutory declarations .
I only @ @ @ @ @ @ @ he said .
“ I went to question her about admissibility .
I asked questions about why her products weren ’ t sold in the U.S. in relation to a security concern.
” “ Your only intent in this matter , Officer Dhillon , was to gather some evidence that might be of use to the FBI , ” Duckett said .
After a short break , CBSA officer Sowmith Katragadda took questions from Crown prosecutors about his time with the agency and his actions on the day of Meng ’ s arrest @ @ @ @ @ @ @ confusion surrounding Meng ’ s immigration and residency status in Canada , though he was eventually satisfied that she was a “ foreign national ” that was subject to both a customs and immigration examination upon her arrival in the country .
He said he felt it wasn ’ t the border agency ’ s “ place ” to be involved in any extradition matters , so he said it was appropriate to distinguish between their procedures and those of Canadian law enforcement .
“ It was my view that the customs and @ @ @ @ @ @ @ the extradition process , ” Katragadda told the court .
“ I wanted to be clear for when it got to court.
” Katragadda ’ s testimony continues Thursday , with hearings scheduled into next week for additional witness testimony .
The court heard on Monday that one scheduled witness , retired RCMP Staff Sergeant Ben Chang , has refused to testify on advice from outside counsel .

A Canadian border guard involved in the initial questioning of embattled Huawei Technologies CFO Meng Wanzhou staunchly denied that he intended to gather evidence that could be of use to the FBI as Meng’s lawyers continued their attack on the Canada Border Services Agency’s handling of the telecom executive upon her arrival in Vancouver in December 2018.
(CN) — A Canadian border guard involved in the initial questioning of embattled Huawei Technologies CFO Meng Wanzhou staunchly denied that he intended to gather evidence that could be of use to the FBI as Meng’s lawyers continued their attack on the Canada Border Services Agency’s handling of the telecom executive upon her arrival in Vancouver in December 2018.
Hearings into abuse of process allegations levelled at Canadian authorities by Meng continued in British Columbia Supreme Court this week as witness testimony spilled over from last month, where court heard testimony from a member of the Royal Canadian Mounted Police and a superintendent with the CBSA involved with Meng’s airport examination and eventual arrest on a U.S. extradition warrant for fraud charges leveled in New York.
Meng, who denies the allegations, is accused of defrauding an HSBC executive in a 2013 meeting in Hong Kong spurred by Reuters’ reports about a Huawei subsidiary known as SkyCom running afoul of American sanctions on Iran.
In testimony Wednesday, Meng’s lawyer Mona Duckett grilled CBSA Superintendent Sanjit Dhillon over his questioning of Meng after she was brought in for a customs and immigration exam by the border agency in the hours before her arrest by the RCMP.
Duckett’s questions focused on what she asserted are dubious national security and espionage concerns border guards used to probe Meng about Huawei’s dealings in Iran.
She claimed notes and statutory declarations made by border guards were lacking crucial details about the fateful interaction that would set off an international incident that put Canada and China on a diplomatic collision course.
“You didn’t ask any question about where in the world her company sold products because you had no interest in anything other than the United States,” Duckett said to Dhillon on the stand.
“I didn’t have anything in my mind about the United States regarding my questioning of her, despite the fact that her company can’t sell their products there for security concerns,” Dhillon replied.
Earlier, the court heard how he’d spent about 10 minutes on an open-source online search of Meng, which brought him to Huawei’s Wikipedia page, which contained a “controversy” section mentioning U.S. sanctions.
“You went directly to the United States in your questioning, I suggest,” Duckett said.
“Because her company can’t sell products there because of a security and espionage concern,” Dhillon said.
“And contrary to what you told this court under oath on November 16, you did not ask her where in the world her company sold products,” Duckett continued. “You didn’t record it anywhere.”
“I did ask her that, but I didn’t record it in my statutory declaration that day because I didn’t consider it to be significant,” the border agent replied.
“And if you’re making an inquiry about Canadian espionage, that’s much more relevant than a question about whether they sold in the U.S., isn’t it?” Duckett asked.
“I’m not sure what you’re asking me,” Dhillon said. “If there’s a company that can’t sell products in the United States because of a security concern, maybe the security concern hasn’t been determined yet in Canada.”
Duckett then pointed out that the Wikipedia page also mentions Huawei doing business in other sanctioned countries including Syria, North Korea and Venezuela, all of which the border guard didn’t ask Meng about that day.
She proposed that Meng was not pulled into an examination by border guards to determine her admissibility to Canada, but rather to probe her for information about Huawei’s dealings in Iran and possible sanctions violations in an effort to aid the FBI.
“Are you aware that not one CBSA officer's notes or statutory declarations make any reference to national security in this case?” She said. “My proposition is that you did not question her about admissibility issues, but you questioned her about the topic of the U.S. warrant which you knew from the meeting from the police was related to Iran and sanctions.”
“I don’t know what’s contained in other officers’ notes or statutory declarations. I only know what’s in mine.” he said. “I went to question her about admissibility. I asked questions about why her products weren’t sold in the U.S. in relation to a security concern.”
“Your only intent in this matter, Officer Dhillon, was to gather some evidence that might be of use to the FBI,” Duckett said.
“No,” Dhillon replied.
After a short break, CBSA officer Sowmith Katragadda took questions from Crown prosecutors about his time with the agency and his actions on the day of Meng’s arrest.
Katragadda told the court of initial confusion surrounding Meng’s immigration and residency status in Canada, though he was eventually satisfied that she was a “foreign national” that was subject to both a customs and immigration examination upon her arrival in the country.
He said he felt it wasn’t the border agency’s “place” to be involved in any extradition matters, so he said it was appropriate to distinguish between their procedures and those of Canadian law enforcement.
“It was my view that the customs and immigration process should be kept separate from the extradition process,” Katragadda told the court. “I wanted to be clear for when it got to court.”
Katragadda’s testimony continues Thursday, with hearings scheduled into next week for additional witness testimony. The court heard on Monday that one scheduled witness, retired RCMP Staff Sergeant Ben Chang, has refused to testify on advice from outside counsel.


courthousenews--2020-11-19--Judge Likely to Block Trump New Limits to Asylum Eligibility

( CN ) — A federal judge indicated Wednesday she ’ ll block a new Trump administration rule about to take effect that adds more triggers for asylum ineligibility , a rule legal advocates say is unconstitutionally vague and unfairly harms people fleeing violence and persecution .
U.S. District Judge Susan Illston said in a virtual hearing Wednesday the rule finalized last month by the U.S. Department of Homeland Security and U.S. Department of Justice is “ substantively and procedurally defective.
” Illston indicated she will likely grant a temporary restraining order requested by Pangea Legal Services , a California-based @ @ @ @ @ @ @ block the rule before it takes effect Nov. 20 .
Under U.S. law , a person may be granted asylum if they demonstrate “ well-founded fear ” of being persecuted based on their multiple identities .
But they become ineligible if they fall into “ mandatory bars ” including having committed a serious crime , persecuting others or engaging in terrorist activity .
The federal agencies proposed a new rule last December granting the attorney general authority to designate offenses that would trigger asylum ineligibility .
The expanded list includes convictions for drunk @ @ @ @ @ @ @ asylum officers had “ reason to believe ” crimes were committed in furtherance of street gang activity .
Asylum seekers would also be barred if they were named in accusations of domestic violence , even if it didn ’ t result in a conviction .
Pangea sued the federal agencies on Nov. 2 , saying the rule demonstrates “ arbitrary and capricious rulemaking ” and violates the Administrative Procedure Act by departing from long standing discretionary review of asylum seekers ’ prior convictions .
The public also had too little time to review @ @ @ @ @ @ @ the 2019 end-of-year holiday period — or to comment on it , another APA violation , according to the complaint filed in the Northern District of California .
The rule also unlawfully strips protections under the Immigration and Nationality Act ( INA ) , namely by triggering asylum ineligibility when an applicant has a criminal conviction that has been vacated , modified or expunged .
Plaintiff Dolores Street Community Services say in the complaint the rule would harm people such as their client , identified only as Bryan , whose permanent resident status @ @ @ @ @ @ @ related to his mental health and substance abuse challenges .
Advocates helped Bryan seek asylum after he was placed in removal proceedings and helped him vacate prior convictions and access treatment , developments that the new rule would likely prevent .
The rule would allow adjudicators to “ second-guess ” a judge ’ s reasoning for vacating Bryan ’ s prior convictions , plaintiffs said in the motion for temporary restraining order .
“ If allowed to take effect , these unprecedented changes will force countless people to return to countries where they @ @ @ @ @ @ @ or even killed , ” the motion said .
In a brief opposing the TRO request , federal government attorneys cited the executive branch ’ s “ broad authority and sound aims ” to keep child abusers , smugglers , gang members and “ wife beaters ” out of the country .
In the virtual hearing Wednesday , U.S. Department of Justice attorney Scott Stewart defended the rule , saying it ’ s consistent with relevant asylum statutes and is meant to prevent dangerous people from obtaining asylum .
But Stewart told Illston @ @ @ @ @ @ @ adopt “ limitations and conditions ” on asylum eligibility that go beyond the asylum statute dealing with categorical bars .
IIlston , a Bill Clinton appointee , said the statute previously never barred people from asylum for marijuana possession or speeding convictions .
She noted the term “ serious crimes ” reverberates across the existing statute and signals that additional bars can be added , but not “ whatever you feel like.
” Plaintiffs ’ counsel Chike Croslin of Sidley Austin told Illston examples of conditions that can be added under the statute @ @ @ @ @ @ @ The Trump administration is disregarding “ Congress ’ express language ” in the statute by adding additional bars , Croslin said in the hearing .
“ We say the entire rule is invalid .
It ’ s all inconsistent , ” Croslin told Illston .
“ Deficiency goes to the core of the process.
” Illston asked Stewart whether the rule is “ severable ” in accordance with plaintiffs ’ challenge and whether she could block parts of it from going into effect while letting others stay in place .
Stewart said the @ @ @ @ @ @ @ s validity to be judged after it takes effect and once it applies to a person ’ s case , but severability can also apply here .
“ That kind of tailored remedy would be appropriate , ” Stewart said .
“ Any relief needs to be specific to the part of the rule the court finds invalid.
” Illston took the matter under submission and said she would issue a ruling before Friday .
A Justice Department spokesperson did not immediately respond to an emailed request for comment on the hearing .
@ @ @ @ @ @ @ blocked the Trump administration from deporting asylum-seeking minors who arrive in the United States without a guardian .
The government relied on a U.S. Centers for Disease Control and Prevention order issued early in the coronavirus pandemic to deport more than 159,000 immigrants , including 8,800 children , according to Trump administration officials .
And last month , a federal judge extended the scope of a preliminary injunction on the Trump administration ’ s “ Asylum Transit Rule ” which made immigrants ’ asylum claims invalid if they arrived at the U.S.-Mexico border @ @ @ @ @ @ @ of origin and failed to apply for asylum there first .
Before the so-called asylum ban went into effect , immigration officials had been metering asylum seekers at the border , placing them on waitlists for claim adjudication or simply turning them away because ports of entry were purportedly full .
After immigrants ’ rights groups sued , claiming both policies were unlawful attempts to stem the flow of immigrants attempting to enter the country , U.S. District Judge Cynthia Bashant issued a retroactive injunction and ordered officials to reopen asylum claims that @ @ @ @ @ @ @ last year .

A federal judge indicated Wednesday she’ll block a new Trump administration rule about to take effect that adds more triggers for asylum ineligibility, a rule legal advocates say is unconstitutionally vague and unfairly harms people fleeing violence and persecution.
(CN) — A federal judge made good on her threat to block a new Trump administration rule about to take effect that adds more triggers for asylum ineligibility, a rule legal advocates say is unconstitutionally vague and unfairly harms people fleeing violence and persecution.
U.S. District Judge Susan Illston said in a virtual hearing Wednesday the rule finalized last month by the U.S. Department of Homeland Security and U.S. Department of Justice is “substantively and procedurally defective.”
She followed up Thursday by granting a temporary restraining order requested by Pangea Legal Services, a California-based immigration legal service provider, which would block the rule before it takes effect Nov. 20.
Under U.S. law, a person may be granted asylum if they demonstrate “well-founded fear” of being persecuted based on their multiple identities. But they become ineligible if they fall into “mandatory bars” including having committed a serious crime, persecuting others or engaging in terrorist activity.
The federal agencies proposed a new rule last December granting the attorney general authority to designate offenses that would trigger asylum ineligibility. The expanded list includes convictions for drunk driving, marijuana possession and convictions where asylum officers had “reason to believe” crimes were committed in furtherance of street gang activity.
Asylum seekers would also be barred if they were named in accusations of domestic violence, even if it didn’t result in a conviction.
Pangea sued the federal agencies on Nov. 2, saying the rule demonstrates “arbitrary and capricious rulemaking” and violates the Administrative Procedure Act by departing from long standing discretionary review of asylum seekers’ prior convictions.
The public also had too little time to review the rule — only 30 days over the 2019 end-of-year holiday period — or to comment on it, another APA violation, according to the complaint filed in the Northern District of California.
The rule also unlawfully strips protections under the Immigration and Nationality Act (INA), namely by triggering asylum ineligibility when an applicant has a criminal conviction that has been vacated, modified or expunged.
Plaintiff Dolores Street Community Services say in the complaint the rule would harm people such as their client, identified only as Bryan, whose permanent resident status was threatened after being convicted of crimes related to his mental health and substance abuse challenges.
Advocates helped Bryan seek asylum after he was placed in removal proceedings and helped him vacate prior convictions and access treatment, developments that the new rule would likely prevent.
The rule would allow adjudicators to “second-guess” a judge’s reasoning for vacating Bryan’s prior convictions, plaintiffs said in the motion for temporary restraining order.
“If allowed to take effect, these unprecedented changes will force countless people to return to countries where they will likely be beaten, tortured, or even killed,” the motion said.
In a brief opposing the TRO request, federal government attorneys cited the executive branch’s “broad authority and sound aims” to keep child abusers, smugglers, gang members and “wife beaters” out of the country.
In the virtual hearing Wednesday, U.S. Department of Justice attorney Scott Stewart defended the rule, saying it’s consistent with relevant asylum statutes and is meant to prevent dangerous people from obtaining asylum.
But Stewart told Illston the INA also grants agencies authority to adopt “limitations and conditions” on asylum eligibility that go beyond the asylum statute dealing with categorical bars.
IIlston, a Bill Clinton appointee, said the statute previously never barred people from asylum for marijuana possession or speeding convictions.
“I don’t see how that’s consistent,” Illston told Stewart.
She noted the term “serious crimes” reverberates across the existing statute and signals that additional bars can be added, but not “whatever you feel like.”
Plaintiffs’ counsel Chike Croslin of Sidley Austin told Illston examples of conditions that can be added under the statute include fingerprinting and background check requirements. The Trump administration is disregarding “Congress' express language” in the statute by adding additional bars, Croslin said in the hearing.
“We say the entire rule is invalid. It’s all inconsistent,” Croslin told Illston. “Deficiency goes to the core of the process.”
Illston asked Stewart whether the rule is “severable” in accordance with plaintiffs’ challenge and whether she could block parts of it from going into effect while letting others stay in place. Stewart said the Trump administration would prefer the rule’s validity to be judged after it takes effect and once it applies to a person’s case, but severability can also apply here.
“That kind of tailored remedy would be appropriate,” Stewart said. “Any relief needs to be specific to the part of the rule the court finds invalid.”
Illston took the matter under submission and said she would issue a ruling before Friday.
A Justice Department spokesperson did not immediately respond to an emailed request for comment on the hearing.
Also on Wednesday, a federal judge blocked the Trump administration from deporting asylum-seeking minors who arrive in the United States without a guardian.
The government relied on a U.S. Centers for Disease Control and Prevention order issued early in the coronavirus pandemic to deport more than 159,000 immigrants, including 8,800 children, according to Trump administration officials.
And last month, a federal judge extended the scope of a preliminary injunction on the Trump administration’s “Asylum Transit Rule” which made immigrants’ asylum claims invalid if they arrived at the U.S.-Mexico border from a country other than their country of origin and failed to apply for asylum there first.
Before the so-called asylum ban went into effect, immigration officials had been metering asylum seekers at the border, placing them on waitlists for claim adjudication or simply turning them away because ports of entry were purportedly full.
After immigrants’ rights groups sued, claiming both policies were unlawful attempts to stem the flow of immigrants attempting to enter the country, U.S. District Judge Cynthia Bashant issued a retroactive injunction and ordered officials to reopen asylum claims that were denied before the injunction was issued last year.


Custody

SHREVEPORT , La .
— An appeals court in Louisiana reversed a ruling that had declared a former partner in @ @ @ @ @ parent of the other partner ’ s biological child .
The trial court violated the @ @ @ @ @ by holding the former partner was a “ psychological parent and entitled to joint custody @ @

The technical storage or access that is used exclusively for statistical purposes.
The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.


Emergency Hunts

ANCHORAGE , Alaska — A federal court in Alaska denied the state ’ s motion for a preliminary injunction to @ @ @ @ @ in remote communities in the state to address Covid-19-related food shortages .
The state claims @ @ @ @ @ the Open Meetings Act and other statutes by delegating authority to local land managers to @ @ @ @


Mayoral Power

SHREVEPORT , La .
— A state appeals court reversed an abuse of power conviction against the former mayor of @ @ @ @ @ finding there was no proof he used his position to get a neighboring town to @ @ @ @ @ .
However , the court found the former mayor was properly convicted of abusing his @ @ @ @ @ $ 500 check from the town clerk .


Police Shooting

SAN FRANCISCO — The Ninth Circuit upheld a ruling in favor of a Los Angeles police officer who shot and @ @ @ @ @ Although a member of the jury in this excessive force case was in social media @ @ @ @ @ enforcement activity , and didn ’ t disclose that fact , such an affiliation “ @ @ @ @ @ basis for a challenge for cause .
”


Moral Code

JERSEY CITY , N.J. — An appeals court in New Jersey reversed a ruling in favor of a Catholic school @ @ @ @ @ unmarried teacher after discovering she was pregnant .
Knowledge of the teacher ’ s pregnancy @ @ @ @ @ to determine whether she violated the school ’ s moral code .


courthousenews--2020-11-20--ICE Questioned Over Ability to Keep Inmates Safe From Covid

SAN FRANCISCO ( CN ) — A privately run detention center in Bakersfield , California currently barred from admitting new detainees , could resume intakes so long as it retains enough space to isolate those who are symptomatic or test positive for Covid-19 , a health expert who specializes in congregate housing testified Thursday at a hearing on the center ’ s pandemic response .
Dr. Sean Henderson , medical director and senior physician for the correctional health department that serves Los Angeles County Jail said new intakes are possible at Mesa Vera detention center if it follows strict protocols @ @ @ @ @ @ @ positive , are symptomatic , or refuse to take a Covid-19 test at all .
The facility is run by Geo Group , which contracts with U.S. Immigration and Customs Enforcement .
“ I would treat the refusers as symptomatic because I wouldn ’ t know where they are in the disease process if at all , ” Henderson said .
“ I ’ m assuming there would be few of them because I understand there is a plan to brief them before transport that they are going to be tested.
” He @ @ @ @ @ @ @ they had the minimum number of refusers as possible.
” ICE and GEO Group maintain that they can start accepting new detainees without continued court oversight .
Following a Covid-19 outbreak at the facility in August , U.S. District Judge Vincent Chhabria ordered ICE to desist new admissions at Mesa Verde and submit daily reports on the number of tests administered and cases among detainees and staff .
Civil rights lawyers representing a class of 400 immigrants who sued over overcrowded and unsanitary conditions at Mesa Verde and Yuba County Jail in Marysville @ @ @ @ @ @ @ a strict watch over the facility and issue another injunction that would restrict intake and mandate regular staff testing .
Mesa Verde Warden Nathan Allen said as of Wednesday , the center is operating at less than 15 % capacity with 45 people currently being housed in three dorms .
One dorm , he said , sits empty .
Court documents submitted by ICE say there have been no new Covid-19 cases among detainees since Aug. 18 or since Aug. 26 for staff , and that all positive detainees have recovered as of @ @ @ @ @ @ @ his attorney , Allen said the facility would keep its five isolation cells empty for isolation purposes , along with at least one dorm which should be used to quarantine new arrivals for 14 days .
Mesa Verde should only be allowed to accept new detainees Monday through Friday , then the 14-day quarantine would start .
“ If a single detainee tested positive , we would put them in medical isolation , ” he said .
Henderson said theoretically the proposed system would help prevent an outbreak .
Chhabria asked him what @ @ @ @ @ @ @ outbreak of more than five cases , symptomatics or test refusers .
Henderson said if that happens , the facility must stop new intakes .
“ You don ’ t let them in the front door .
You have to either send them to the hospital or move them to another facility that ’ s close by or find you other housing because they can ’ t come in.
” he said .
“ You have to say , ‘ I have nowhere to put you that ’ s safe for the population @ @ @ @ @ @ @ refuse to be tested , I can not have you come in here because you pose a threat to the population I ’ m serving.
’ ” He told Chhabria , “ If the numbers get huge — which I think you ’ re trying to suggest — if there are 50 symptomatics , all of a sudden you would be hard pressed .
You ’ d need to have a Supermax where everyone is wrapped in bubble wrap and put in a room by themselves , but that ’ s not reality.
@ @ @ @ @ @ @ Sean Riordan questioned Henderson on the mortality rate at the LA County Jail , as well as his previous rejections of massive ongoing testing efforts and belief that seven-feet between bunks is sufficient to meet CDC guidelines on social distancing .
“ At least seven people who had Covid-19 have died , but Covid-19 may not have been the contributing factor in their death , ” Henderson said , adding that “ there have been several staff deaths ” at the jail .
Under further questioning from GEO Group attorney Royal Oakes , @ @ @ @ @ @ @ .
“ Virtually any system theoretically could be overwhelmed ?
” Oakes asked .
“ Not to be ridiculous , but if you took Supermax and the Mayo Clinic and relocated them to the Pentagon — it would be terrific in terms of dealing with an outbreak — but if some Andromeda strain hits , any system is capable of being overwhelmed ?
” “ Yes .
We were never going to keep Covid out of the correction settings , that ’ s never our goal , ” Henderson said .
“ The @ @ @ @ @ @ @ to keep whoever we had as safe as possible.
” The week-long evidentiary hearing on Covid-19 safeguards at the Mesa Verde detention center is expected to wrap up Friday .

A privately run detention center in Bakersfield, California currently barred from admitting new detainees, could resume intakes so long as it retains enough space to isolate those who are symptomatic or test positive for Covid-19, a health expert who specializes in congregate housing testified Thursday at a hearing on the center’s pandemic response.
SAN FRANCISCO (CN) — A privately run detention center in Bakersfield, California currently barred from admitting new detainees, could resume intakes so long as it retains enough space to isolate those who are symptomatic or test positive for Covid-19, a health expert who specializes in congregate housing testified Thursday at a hearing on the center’s pandemic response.
Dr. Sean Henderson, medical director and senior physician for the correctional health department that serves Los Angeles County Jail said new intakes are possible at Mesa Vera detention center if it follows strict protocols that include isolating new arrivals who test positive, are symptomatic, or refuse to take a Covid-19 test at all.
The facility is run by Geo Group, which contracts with U.S. Immigration and Customs Enforcement.
“I would treat the refusers as symptomatic because I wouldn't know where they are in the disease process if at all,” Henderson said. “I’m assuming there would be few of them because I understand there is a plan to brief them before transport that they are going to be tested.”
He added, “It would help if they had the minimum number of refusers as possible.”
ICE and GEO Group maintain that they can start accepting new detainees without continued court oversight. Following a Covid-19 outbreak at the facility in August, U.S. District Judge Vincent Chhabria ordered ICE to desist new admissions at Mesa Verde and submit daily reports on the number of tests administered and cases among detainees and staff.
Civil rights lawyers representing a class of 400 immigrants who sued over overcrowded and unsanitary conditions at Mesa Verde and Yuba County Jail in Marysville in April are asking Chhabria to maintain a strict watch over the facility and issue another injunction that would restrict intake and mandate regular staff testing.
Mesa Verde Warden Nathan Allen said as of Wednesday, the center is operating at less than 15% capacity with 45 people currently being housed in three dorms. One dorm, he said, sits empty. Court documents submitted by ICE say there have been no new Covid-19 cases among detainees since Aug. 18 or since Aug. 26 for staff, and that all positive detainees have recovered as of Sept. 2.
But in a status update filed by GEO Group late Thursday, the company informed the court two Mesa Verde staff members are currently under quarantine due to positive Covid test results.
Under direct examination by his attorney, Allen said the facility would keep its five isolation cells empty for isolation purposes, along with at least one dorm which should be used to quarantine new arrivals for 14 days. Mesa Verde should only be allowed to accept new detainees Monday through Friday, then the 14-day quarantine would start.
“If a single detainee tested positive, we would put them in medical isolation,” he said.
Henderson said theoretically the proposed system would help prevent an outbreak.
Chhabria asked him what would happen if the facility had an outbreak of more than five cases, symptomatics or test refusers.
Henderson said if that happens, the facility must stop new intakes.
“You don't let them in the front door. You have to either send them to the hospital or move them to another facility that's close by or find you other housing because they can't come in.” he said. “You have to say, ‘I have nowhere to put you that's safe for the population I'm protecting. If you refuse to be tested, I cannot have you come in here because you pose a threat to the population I'm serving.’”
He told Chhabria, “If the numbers get huge — which I think you're trying to suggest — if there are 50 symptomatics, all of a sudden you would be hard pressed. You'd need to have a Supermax where everyone is wrapped in bubble wrap and put in a room by themselves, but that's not reality.”
Under cross-examination, ACLU staff attorney Sean Riordan questioned Henderson on the mortality rate at the LA County Jail, as well as his previous rejections of massive ongoing testing efforts and belief that seven-feet between bunks is sufficient to meet CDC guidelines on social distancing.
“At least seven people who had Covid-19 have died, but Covid-19 may not have been the contributing factor in their death,” Henderson said, adding that “there have been several staff deaths” at the jail.
Under further questioning from GEO Group attorney Royal Oakes, Henderson added that no system is airtight.
“Virtually any system theoretically could be overwhelmed?” Oakes asked.
“Yes sir,” Henderson said.
“Not to be ridiculous, but if you took Supermax and the Mayo Clinic and relocated them to the Pentagon — it would be terrific in terms of dealing with an outbreak — but if some Andromeda strain hits, any system is capable of being overwhelmed?”
“Yes. We were never going to keep Covid out of the correction settings, that's never our goal,” Henderson said. “The goal is to do our very best to keep whoever we had as safe as possible.”
The week-long evidentiary hearing on Covid-19 safeguards at the Mesa Verde detention center is expected to wrap up Friday.


courthousenews--2020-11-20--Cottonelle Wipes Maker Faces Class Action After Recall

BROOKLYN ( CN ) — Customers who say that now-recalled bathroom wipes made them “ violently ill ” dropped a class action lawsuit on the wipes ’ manufacturer Thursday .
Last month , Cottonelle wipes maker Kimberly-Clark recalled products made between February and September of this year .
The wipes were contaminated with bacteria that can irritate skin and cause infections .
According to the company , the damage to users was mild .
“ At this time there is a low rate of non-serious complaints , such as irritation and minor infection , reported from the affected wipes , @ @ @ @ @ @ @ website .
The customers suing the company , however , say the wipes made them seriously sick .
They now bring product liability and false advertising claims under New York ’ s General Business Law .
Dawn Rothfeld , the named plaintiff in the case , says she suffered from urinary tract infections and bladder issues , required antibiotics and a bladder ultrasound .
The complaint alleges that thousands of other women reported UTIs after using the wipes .
“ It ’ s ruined my life , ” reads one comment posted on @ @ @ @ @ @ @ , which says it represents New Yorkers from across the state .
Others describe “ daily diarrhea for well over a month ” and “ an insanely overwhelmingly frustrating itch that will absolutely not go away unless I sit on the business end of a belt sander.
” One account says their illness from the wipes caused “ a summer of misery , nonstop vomiting and diarrhea.
” The 18-page complaint , filed in New York ’ s Eastern District , says Kimberly-Clark ’ s lack of proper safeguards allowed the contamination to @ @ @ @ @ @ @ ample warnings that something was wrong with the Cottonelle Wipes.
” Throughout the period that now-recalled wipes were manufactured , some had dark brown spots on the surface and smelled like mildew , the suit claims , yet the company only began to test for the bacteria after customers came forward .
When Kimberly-Clark did recall the wipes on Oct. 9 , its handling was “ inadequate , ineffective , and seemingly insincere , ” the complaint argues , and downplayed the true health risks of the bacterial contamination , saying the bacteria @ @ @ @ @ @ @ risky to those with weakened immune systems .
The strain of bacteria , Pluralibacter gergoviae , has been found in soil , water and sewage .
It also shows up in cosmetics , shampoo and baby wipes .
The pathogen is often resistant to antibiotics , which makes it more difficult to treat .
The FDA has issued a handful of warning letters to cosmetic companies whose products contained Pluralibacter gergoviae , among other bacterial strains .
Bathroom wipes , specifically those advertised as flushable , have also been under scrutiny for clogging @ @ @ @ @ @ @ .
The wipes contribute to “ fatbergs , ” or masses of grease and debris that the city ’ s Department of Environmental Protection says are wrecking pipes .
“ When a product is labeled ‘ flushable , ’ it generally means that it will clear your toilet bowl , ” the city ’ s DEP website explains .
“ It does not mean it will definitely clear your pipes or break down in the sewer system or at a wastewater treatment plant .
Water and wastewater utilities around the world have found @ @ @ @ @ @ @ sewer pipes and at their plants.
” Lawsuits against companies selling “ flushable ” wipes have shown up for years : in San Francisco , Baltimore and the same district in Brooklyn that will now hear the contaminated wipe suit .
Attorneys for the wipe companies have called the complaints “ fundamentally flawed ” and suggested plaintiffs will continue to “ try the cases until they get a win.
” As for the latest bathroom wipes suit in Brooklyn , contaminated wipe users are asking the court for statutory damages of $ 500 @ @ @ @ @ @ @ monetary damages and permanent injunctive relief against Kimberly-Clark .
Neither Kimberly-Clark nor lawyers for the plaintiffs immediately responded to emails requesting comment .

Customers who say that now-recalled bathroom wipes made them “violently ill” dropped a class action lawsuit on the wipes’ manufacturer Thursday.
BROOKLYN (CN) — Customers who say that now-recalled bathroom wipes made them “violently ill” dropped a class action lawsuit on the wipes’ manufacturer Thursday.
Last month, Cottonelle wipes maker Kimberly-Clark recalled products made between February and September of this year. The wipes were contaminated with bacteria that can irritate skin and cause infections.
According to the company, the damage to users was mild.
“At this time there is a low rate of non-serious complaints, such as irritation and minor infection, reported from the affected wipes,” reads a statement on the Cottonelle website.
The customers suing the company, however, say the wipes made them seriously sick. They now bring product liability and false advertising claims under New York’s General Business Law.
Dawn Rothfeld, the named plaintiff in the case, says she suffered from urinary tract infections and bladder issues, required antibiotics and a bladder ultrasound.
The complaint alleges that thousands of other women reported UTIs after using the wipes.
“It’s ruined my life,” reads one comment posted on social media, according to the complaint, which says it represents New Yorkers from across the state.
Others describe “daily diarrhea for well over a month” and “an insanely overwhelmingly frustrating itch that will absolutely not go away unless I sit on the business end of a belt sander.”
One account says their illness from the wipes caused “a summer of misery, nonstop vomiting and diarrhea.”
The 18-page complaint, filed in New York’s Eastern District, says Kimberly-Clark’s lack of proper safeguards allowed the contamination to continue for seven months, “despite ample warnings that something was wrong with the Cottonelle Wipes.”
Throughout the period that now-recalled wipes were manufactured, some had dark brown spots on the surface and smelled like mildew, the suit claims, yet the company only began to test for the bacteria after customers came forward.
When Kimberly-Clark did recall the wipes on Oct. 9, its handling was “inadequate, ineffective, and seemingly insincere,” the complaint argues, and downplayed the true health risks of the bacterial contamination, saying the bacteria “naturally occurs” and is only risky to those with weakened immune systems.
The strain of bacteria, Pluralibacter gergoviae, has been found in soil, water and sewage. It also shows up in cosmetics, shampoo and baby wipes.
The pathogen is often resistant to antibiotics, which makes it more difficult to treat.
The FDA has issued a handful of warning letters to cosmetic companies whose products contained Pluralibacter gergoviae, among other bacterial strains.
Bathroom wipes, specifically those advertised as flushable, have also been under scrutiny for clogging up New York City’s plumbing. The wipes contribute to “fatbergs,” or masses of grease and debris that the city’s Department of Environmental Protection says are wrecking pipes.
“When a product is labeled ‘flushable,’ it generally means that it will clear your toilet bowl,” the city’s DEP website explains. “It does not mean it will definitely clear your pipes or break down in the sewer system or at a wastewater treatment plant. Water and wastewater utilities around the world have found a significant increase of wipes in their sewer pipes and at their plants.”
Lawsuits against companies selling “flushable” wipes have shown up for years: in San Francisco, Baltimore and the same district in Brooklyn that will now hear the contaminated wipe suit.
Attorneys for the wipe companies have called the complaints “fundamentally flawed” and suggested plaintiffs will continue to “try the cases until they get a win.”
As for the latest bathroom wipes suit in Brooklyn, contaminated wipe users are asking the court for statutory damages of $500 per unit purchased, in addition to monetary damages and permanent injunctive relief against Kimberly-Clark.
Neither Kimberly-Clark nor lawyers for the plaintiffs immediately responded to emails requesting comment.


courthousenews--2020-11-20--Feds Accuse ‘Tiger King’ Star Jeff Lowe of Animal Cruelty

WYNNEWOOD , Okla. ( CN ) — The Justice Department sued zookeeper Jeff Lowe of Netflix ’ s “ Tiger King ” fame Thursday , accusing him of failing to provide adequate medical treatment for his animals and feeding them contaminated food before burning their dead bodies in makeshift wood pyres .
Federal officials sued Lowe , wife Lauren Lowe , Greater Wynnewood Exotic Animal Park LLC and Tiger King LLC in federal court in Muskogee , Oklahoma , for violations of the Endangered Species Act and Animal Welfare Act .
They claim Lowe is “ harassing and harming ” @ @ @ @ @ @ @ maintain sanitary conditions resulting in fly strikes.
” The lawsuit claims Lowe is taking tiger and lemur cubs away from their mothers for exhibition , causing “ significant ” physical and psychological injuries .
“ Unless enjoined , defendants will continue to force Big [ Cat ] cubs and juveniles to interact directly with the public , ” the 47-page complaint states .
Lowe purchased the Wynnewood zoo in 2016 from convicted felon Joseph Allen Maldonado-Passage , the star of the Netflix docuseries that featured several eccentric personalities in the tiger enthusiast community @ @ @ @ @ @ @ Maldonado-Passage was convicted last year of trying to hire a hitman to murder rival animal sanctuary operator Carole Baskin of Tampa , Florida .
Federal officials claim Lowe has since moved his zoo approximately 60 miles south to a 33-acre property in Thackerville called Tiger King Park .
They claim Lowe has continued to show animals without a federal exhibitor license that he voluntarily terminated three months ago to avoid government inspection .
“ [ Defendants ] failed to employ an attending veterinarian and failed to provide timely and adequate veterinary care to @ @ @ @ @ @ @ the complaint states .
“ The Lowe ’ s animals have suffered from and continue to suffer from easily preventable or treatable conditions , which in some cases has caused the untimely death of animals… [ defendants ] have then burned or otherwise disposed of the carcasses , including tigers , in makeshift pyres.
” The lawsuit claims some animals end up being lame and have neurological problems due to bone disease .
It alleges the animals end up being “ extremely thin , ” singling out a grizzly bear named Gizzy who @ @ @ @ @ @ @ , hip bones and scapula are visible .
Lowe could not be reached for comment Thursday evening , as a listed phone number was disconnected .
He accused federal officials of being “ arrogant and ignorant ” due to no one outside of his team seeing the animals for two months .
“ Their filing doesn ’ t have a single factual accusation in the entire document , ” he told TMZ.com after the lawsuit was filed .
The lawsuit comes five months after U.S. District Judge Scott Palk in Oklahoma City awarded @ @ @ @ @ @ @ on to Baskin to satisfy a $ 1 million trademark judgment she secured against Exotic .
The judge agreed the property was fraudulently transferred to Maldonado-Passage ’ s mother in 2016 to avoid creditors .
The judge ordered tenant Lowe to leave the property within 120 days and remove all of the zoo animals .
Lowe closed the original Wynnewood zoo in August after a veterinarian with the U.S. Department of Agriculture noted rotting food and lame animals during a July inspection .
Maldonado-Passage is currently serving a 22-year sentence at Federal Medical @ @ @ @ @ @ @ was moved from an Oklahoma jail due to other inmates testing positive for Covid-19 .
In March , Maldonado-Passage filed a $ 93.8 million federal lawsuit against the U.S .
Fish and Wildlife Services , U.S. Department of the Interior and several of his perceived enemies , claiming a vast conspiracy to take his animals away from him .
He blames the defendants in that case for his mother ’ s death .
Maldonado-Passage has spent several months actively lobbying President Donald Trump for a pardon for his crimes .
Trump joked in @ @ @ @ @ @ @ look ” at the case .

The Justice Department sued zookeeper Jeff Lowe of Netflix's “Tiger King” fame Thursday, accusing him of failing to provide adequate medical treatment for his animals and feeding them contaminated food before burning their dead bodies in makeshift wood pyres.
WYNNEWOOD, Okla. (CN) — The Justice Department sued zookeeper Jeff Lowe of Netflix's “Tiger King” fame Thursday, accusing him of failing to provide adequate medical treatment for his animals and feeding them contaminated food before burning their dead bodies in makeshift wood pyres.
Federal officials sued Lowe, wife Lauren Lowe, Greater Wynnewood Exotic Animal Park LLC and Tiger King LLC in federal court in Muskogee, Oklahoma, for violations of the Endangered Species Act and Animal Welfare Act. They claim Lowe is “harassing and harming” over 200 animals by “failing to maintain sanitary conditions resulting in fly strikes.”
The lawsuit claims Lowe is taking tiger and lemur cubs away from their mothers for exhibition, causing “significant” physical and psychological injuries.
“Unless enjoined, defendants will continue to force Big [Cat] cubs and juveniles to interact directly with the public,” the 47-page complaint states.
Lowe purchased the Wynnewood zoo in 2016 from convicted felon Joseph Allen Maldonado-Passage, the star of the Netflix docuseries that featured several eccentric personalities in the tiger enthusiast community. Calling himself the Tiger King, Maldonado-Passage was convicted last year of trying to hire a hitman to murder rival animal sanctuary operator Carole Baskin of Tampa, Florida.
Federal officials claim Lowe has since moved his zoo approximately 60 miles south to a 33-acre property in Thackerville called Tiger King Park. They claim Lowe has continued to show animals without a federal exhibitor license that he voluntarily terminated three months ago to avoid government inspection.
“[Defendants] failed to employ an attending veterinarian and failed to provide timely and adequate veterinary care to the animals in their possession,” the complaint states. “The Lowe’s animals have suffered from and continue to suffer from easily preventable or treatable conditions, which in some cases has caused the untimely death of animals… [defendants] have then burned or otherwise disposed of the carcasses, including tigers, in makeshift pyres.”
The lawsuit claims some animals end up being lame and have neurological problems due to bone disease. It alleges the animals end up being “extremely thin,” singling out a grizzly bear named Gizzy who allegedly is so thin that his vertebrae, hip bones and scapula are visible.
Lowe could not be reached for comment Thursday evening, as a listed phone number was disconnected. He accused federal officials of being “arrogant and ignorant” due to no one outside of his team seeing the animals for two months.
“Their filing doesn’t have a single factual accusation in the entire document,” he told TMZ.com after the lawsuit was filed.
The lawsuit comes five months after U.S. District Judge Scott Palk in Oklahoma City awarded the property that the Wynnewood zoo was on to Baskin to satisfy a $1 million trademark judgment she secured against Exotic. The judge agreed the property was fraudulently transferred to Maldonado-Passage’s mother in 2016 to avoid creditors. The judge ordered tenant Lowe to leave the property within 120 days and remove all of the zoo animals.
Lowe closed the original Wynnewood zoo in August after a veterinarian with the U.S. Department of Agriculture noted rotting food and lame animals during a July inspection.
Maldonado-Passage is currently serving a 22-year sentence at Federal Medical Center Fort Worth in Texas. He was moved from an Oklahoma jail due to other inmates testing positive for Covid-19.
In March, Maldonado-Passage filed a $93.8 million federal lawsuit against the U.S. Fish and Wildlife Services, U.S. Department of the Interior and several of his perceived enemies, claiming a vast conspiracy to take his animals away from him. He blames the defendants in that case for his mother’s death.
Maldonado-Passage has spent several months actively lobbying President Donald Trump for a pardon for his crimes. Trump joked in April that he would “take a look” at the case.


courthousenews--2020-11-20--Developers Must Show Mandatory Duty to Sue US for Shipyard Cleanup Fraud

SAN FRANCISCO ( CN ) — To sue the government for billions of dollars , developers must show the U.S. Navy had a mandatory duty to prevent a contractor from falsifying soil samples as part of the $ 1 billion cleanup of a former shipyard turned mixed-use development , a federal judge said Thursday .
“ We need to know what is discretionary and what is mandatory , ” U.S. District Judge James Donato said during a virtual hearing Thursday .
Lennar Corporation , its subsidiary Five Point Holdings and affiliated companies sued the United States in February seeking over @ @ @ @ @ @ @ allegedly negligent handling of the cleanup of the Hunters Point Navy Shipyard in San Francisco .
The dispute stems from accusations that Navy contractor Tetra Tech ordered workers to destroy post-clean-up soil samples that “ had some of the highest radioactive readings ” and replace them with samples from other areas of the site while avoiding “ radioactive hot spots.
” The former Navy shipyard in the city ’ s Bayview neighborhood was home to top-secret nuclear tests from 1946 to 1969 and a place where ships returning from hydrogen bomb tests were @ @ @ @ @ @ @ waste .
In its motion to dismiss two lawsuits brought by the developers , the United States argued it is immune from liability for claims stemming from a misrepresentation , interference with contracts or “ discretionary functions or duties ” under the Federal Tort Claims Act .
On Thursday , Judge Donato indicated that the government will likely prevail on its motion to dismiss claims of negligent hiring because “ there ’ s nothing more discretionary than choosing who you ’ re going to let do work for you.
” However , the @ @ @ @ @ @ @ needed to determine if the U.S. can be held liable for negligent supervision .
He ordered the government to let the developers interview U.S. Navy officials involved in the cleanup and to turn over documents that might reveal if the government had any “ mandatory duties ” related to the project .
“ You ’ re going to be able to do some targeted discovery and figure out what you think is discretionary and what you think is mandatory , ” Donato said .
Turning to another basis for government immunity , Justice @ @ @ @ @ @ @ court should dismiss the developers ’ claims of interference with prospective economic advantage , based on the theory that the developers would have sold more homes if not for the Navy ’ s allegedly botched handling of the cleanup .
Bain insisted that the government ’ s immunity from “ interference with contract ” claims includes potential future contracts .
“ It says contract rights , which is broad enough to include both existing contracts and future prospective contracts , ” Bain said .
“ They desperately wanted to have contract rights , @ @ @ @ @ @ @ , ” Donato said .
“ They wanted to have someone sign a purchase agreement , but they couldn ’ t .
That ’ s why they sued under prospective economic advantage.
” Donato gave the developers until April 5 to file an amended complaint with new details about the U.S. Navy ’ s “ mandatory duties.
” In August , the developers agreed to pay $ 6.3 million to settle a class action brought by current and former owners of 347 new homes in an area known as Parcel A in the @ @ @ @ @ @ @ Tetra Tech remains a defendant in that class action and has not agreed to settle .
The developers also have a separate lawsuit pending against Tetra Tech , which the contractor has asked the court to dismiss .
On Tuesday , Tetra Tech filed a federal lawsuit against the United States , arguing it lacked sufficient evidence to deem all the remediation and testing work it did at Hunters Point as unreliable .
Seven whistleblowers have accused Tetra Tech of falsifying soil tests that were supposed to verify the decontamination of part of @ @ @ @ @ @ @ homes are slated to be built in one of the largest redevelopment projects in San Francisco history .
In 2018 , the U.S. government opted to prosecute three whistleblower complaints against Tetra Tech .
Last month , Donato said in court that he would reject Tetra Tech ’ s bid to dismiss those lawsuits on statute of limitations grounds .
After whistleblowers came forward with accusations that Tetra Tech falsified reports during a six-year cleanup project , the Environmental Protection Agency released an audit in December 2017 finding that 90 % to 97 @ @ @ @ @ @ @ of the site were potentially compromised or purposefully falsified .
Tetra Tech was paid more than $ 250 million in contracts for its work on the Hunters Point project from 2006 to 2012 , according to the U.S. Navy .

To sue the government for billions of dollars, developers must show the U.S. Navy had a mandatory duty to prevent a contractor from falsifying soil samples as part of the $1 billion cleanup of a former shipyard turned mixed-use development, a federal judge said Thursday.
SAN FRANCISCO (CN) — To sue the government for billions of dollars, developers must show the U.S. Navy had a mandatory duty to prevent a contractor from falsifying soil samples as part of the $1 billion cleanup of a former shipyard turned mixed-use development, a federal judge said Thursday.
“We need to know what is discretionary and what is mandatory,” U.S. District Judge James Donato said during a virtual hearing Thursday.
Lennar Corporation, its subsidiary Five Point Holdings and affiliated companies sued the United States in February seeking over $1 billion in damages for its allegedly negligent handling of the cleanup of the Hunters Point Navy Shipyard in San Francisco.
The dispute stems from accusations that Navy contractor Tetra Tech EC, a wholly owned subsidiary of Tetra Tech, ordered workers to destroy post-clean-up soil samples that “had some of the highest radioactive readings” and replace them with samples from other areas of the site while avoiding “radioactive hot spots.”
The former Navy shipyard in the city’s Bayview neighborhood was home to top-secret nuclear tests from 1946 to 1969 and a place where ships returning from hydrogen bomb tests were decontaminated, both potential sources of radioactive waste.
In its motion to dismiss two lawsuits brought by the developers, the United States argued it is immune from liability for claims stemming from a misrepresentation, interference with contracts or “discretionary functions or duties” under the Federal Tort Claims Act.
On Thursday, Judge Donato indicated that the government will likely prevail on its motion to dismiss claims of negligent hiring because “there’s nothing more discretionary than choosing who you’re going to let do work for you.”
However, the judge concluded that more fact finding is needed to determine if the U.S. can be sued for negligent supervision. He ordered the government to let the developers interview U.S. Navy officials involved in the cleanup and to turn over documents that might reveal if the government had any “mandatory duties” related to the project.
“You’re going to be able to do some targeted discovery and figure out what you think is discretionary and what you think is mandatory,” Donato said.
Turning to another basis for government immunity, Justice Department lawyer Adam Bain argued that the court should dismiss the developers’ claims of interference with prospective economic advantage, based on the theory that the developers would have sold more homes if not for the Navy’s allegedly botched handling of the cleanup.
Bain insisted that the government’s immunity from “interference with contract” claims includes potential future contracts.
“It says contract rights, which is broad enough to include both existing contracts and future prospective contracts,” Bain said.
Judge Donato disagreed.
“They desperately wanted to have contract rights, but they couldn’t get them,” Donato said. “They wanted to have someone sign a purchase agreement, but they couldn’t. That’s why they sued under prospective economic advantage.”
Donato gave the developers until April 5 to file an amended complaint with new details about the U.S. Navy’s “mandatory duties.”
In August, the developers agreed to pay $6.3 million to settle a class action brought by current and former owners of 347 new homes in an area known as Parcel A in the former Hunters Point shipyard. Navy contractor Tetra Tech remains a defendant in that class action and has not agreed to settle.
The developers also have a separate lawsuit pending against Tetra Tech, which the contractor has asked the court to dismiss.
On Tuesday, Tetra Tech filed a federal lawsuit against the United States, arguing it lacked sufficient evidence to deem all the remediation and testing work it did at Hunters Point as unreliable.
Seven whistleblowers have accused Tetra Tech of falsifying soil tests that were supposed to verify the decontamination of part of a 400-acre site where more than 10,000 homes are slated to be built in one of the largest redevelopment projects in San Francisco history.
In 2018, the U.S. government opted to prosecute three whistleblower complaints against Tetra Tech. Last month, Donato said in court that he would reject Tetra Tech’s bid to dismiss those lawsuits on statute of limitations grounds.
After whistleblowers came forward with accusations that Tetra Tech falsified reports during a six-year cleanup project, the Environmental Protection Agency released an audit in December 2017 finding that 90% to 97% of soil samples in two areas of the site were potentially compromised or purposefully falsified.
Tetra Tech was paid more than $250 million in contracts for its work on the Hunters Point project from 2006 to 2012, according to the U.S. Navy.


Saving Butterflies

LAS VEGAS — The Center for Biological Diversity sued the Trump administration over its approval of the expansion of the @ @ @ @ @ include summer recreation opportunities like zip lines and a “ mountain coaster , ” all @ @ @ @ @ endangered Mount Charleston blue butterfly .


courthousenews--2020-11-21--State Bar Committee Recommends Waiving Bar Exam Retakes

( CN ) — A State Bar committee on provisional licensure will recommend that the California Supreme Court waive the bar exam for those who scored 1390 or higher on the exam since July 2015 , so long as they practice a certain number of supervised hours under a licensed attorney .
The program provides a pathway for law school graduates who have come close to passing the bar in the last five years to become fully licensed attorneys without having to retake the exam .
In July , the California Supreme Court permanently lowered the passing score for the @ @ @ @ @ @ @ but only for those taking the test in October 2020 and beyond .
The justices declined to make the lower score retroactive to past years despite an intensive lobbying effort from graduates and law school deans .
Last month , the committee voted to extend eligibility for the provisional licensing program to anyone who scored 1390 or higher on the bar exam .
The bar ’ s provisional licensing committee met by video Friday to craft the rule it will submit for approval to the State Bar ’ s board of trustees , @ @ @ @ @ @ @ hour session discussing how many hours of supervised practice should be required .
They settled on two options .
The first requires 360 hours for participants who scored 1390 or higher on the exam before July 2017 , and 480 hours for those who scored 1390 from July 2015 through and including February 2017 .
The second requires 400 and 600 hours , respectively .
Committee Paul Kramer preferred even more hours , , but was willing to settle for 400 and 600 .
“ I can be comfortably uncomfortable to vote for @ @ @ @ @ @ @ will be voting no , ” he said .
“ I ’ m not understanding what the concerns are for wanting such high numbers , ” she said .
“ I think the people who are going to be interested in taking advantage of this program are people who have stayed close to the legal field and may be working at law firms .
So I ’ m not so concerned with upping the numbers.
” Bhandari , also a dean and adjunct professor at Santa Clara University School of Law , said @ @ @ @ @ @ @ supervised hours since most junior attorneys are supervised by more experienced colleagues even after they are licensed .
She even proposed that both categories of participants have the same hour requirement .
Neil Gupta , the principal attorney to Chief Justice Tani Cantil-Sakauye , said he thought fairness demands that there should be two tiers of hours .
He said 360 hours equals roughly nine weeks of 40 hour work days , and it takes roughly 360-500 hours to study for the bar exam .
“ If folks studied and prepared hard for @ @ @ @ @ @ @ s still something that is fairly recent .
They still probably have all those basic precepts in mind .
It just seems fair for them to not have as many hours required as somebody else coming in from five years ago.
” Committee member Jennifer Bacon Henning said the numbers made sense when compared to the amount of time bar applicants typically spend studying .
“ We ’ re just trying to come up with a work equivalent for bar prep .
Otherwise we ’ re just doing the retroactive application of the @ @ @ @ @ @ @ has already decided we don ’ t want to do .
So there is some rationale for a little bit more bar prep in the form of work to get up to speed.
” The proposed rule also requires supervising attorneys to evaluate program participants , describing the type of legal work they performed and whether they believe the provisionally licensed lawyer “ possesses minimum competence to practice law without supervision.
” The committee also voted to set a deadline of June 1 , 2021 to apply for the program and satisfy all @ @ @ @ @ @ @ Bar by June 1 , 2022 .
This includes completing the moral character application .
The Supreme Court could decide to extend the deadlines , but Supreme Court senior attorney Greg Fortescue said the State Bar should try to educate provisionally licensed attorneys that they should manage their time .
“ Even though it seems like a generous amount of time , which I think it is especially if they have a 1390 grade that goes back to 2015 , they have a lot of work to do , ” he said .
@ @ @ @ @ @ @ a lot easier if the entire program terminates on a certain date and if you don ’ t get your application in by then and have satisfied all the criteria , your opportunity for this pathway to licensure is closed.
” The Supreme Court approved the licensing program for 2020 law school graduates in October , but has yet to decide whether other graduates are eligible .
The State Bar also needs to approve the recommendation .

A State Bar committee on provisional licensure will recommend that the California Supreme Court waive the bar exam for those who scored 1390 or higher on the exam since July 2015, so long as they practice a certain number of supervised hours under a licensed attorney.
(CN) — A State Bar committee on provisional licensure will recommend that the California Supreme Court waive the bar exam for those who scored 1390 or higher on the exam since July 2015, so long as they practice a certain number of supervised hours under a licensed attorney.
The program provides a pathway for law school graduates who have come close to passing the bar in the last five years to become fully licensed attorneys without having to retake the exam.
In July, the California Supreme Court permanently lowered the passing score for the bar exam from 1440 to 1390, but only for those taking the test in October 2020 and beyond.
The justices declined to make the lower score retroactive to past years despite an intensive lobbying effort from graduates and law school deans.
Last month, the committee voted to extend eligibility for the provisional licensing program to anyone who scored 1390 or higher on the bar exam.
The bar’s provisional licensing committee met by video Friday to craft the rule it will submit for approval to the State Bar’s board of trustees, spending most of the two and half hour session discussing how many hours of supervised practice should be required.
They settled on two options. The first requires 360 hours for participants who scored 1390 or higher on the exam before July 2017, and 480 hours for those who scored 1390 from July 2015 through and including February 2017.
The second requires 400 and 600 hours, respectively. Committee member Paul Kramer preferred even more hours, but was willing to settle for 400 and 600.
“I can be comfortably uncomfortable to vote for 400 or 600 but below that I will be voting no,” he said.
Committee member Rupa Bhandari voted against the higher requirement.
“I'm not understanding what the concerns are for wanting such high numbers,” she said. “I think the people who are going to be interested in taking advantage of this program are people who have stayed close to the legal field and may be working at law firms. So I'm not so concerned with upping the numbers.”
Bhandari, also a dean and adjunct professor at Santa Clara University School of Law, said she favored the least amount of required supervised hours since most junior attorneys are supervised by more experienced colleagues even after they are licensed.
She even proposed that both categories of participants have the same hour requirement.
Neil Gupta, the principal attorney to Chief Justice Tani Cantil-Sakauye, said he thought fairness demands that there should be two tiers of hours. He said 360 hours equals roughly nine weeks of 40 hour work days, and it takes roughly 360-500 hours to study for the bar exam.
“If folks studied and prepared hard for the February 2020 exam, it's still something that is fairly recent. They still probably have all those basic precepts in mind. It just seems fair for them to not have as many hours required as somebody else coming in from five years ago.”
Committee member Jennifer Bacon Henning said the numbers made sense when compared to the amount of time bar applicants typically spend studying.
“We’re just trying to come up with a work equivalent for bar prep. Otherwise we're just doing the retroactive application of the lower score, which the Supreme Court has already decided we don't want to do. So there is some rationale for a little bit more bar prep in the form of work to get up to speed.”
The proposed rule also requires supervising attorneys to evaluate program participants, describing the type of legal work they performed and whether they believe the provisionally licensed lawyer “possesses minimum competence to practice law without supervision.”
The committee also voted to set a deadline of June 1, 2021 to apply for the program and satisfy all eligibility requirements for admission to the State Bar by June 1, 2022. This includes completing the moral character application.
The Supreme Court could decide to extend the deadlines, but Supreme Court senior attorney Greg Fortescue said the State Bar should try to educate provisionally licensed attorneys that they should manage their time.
"Even though it seems like a generous amount of time, which I think it is especially if they have a 1390 grade that goes back to 2015, they have a lot of work to do,” he said.
“It's going to be a lot easier if the entire program terminates on a date certain and if you don't get your application in by then and have satisfied all the criteria, your opportunity for this pathway to licensure is closed.”
The Supreme Court approved the licensing program for 2020 law school graduates in October, but has yet to decide whether other graduates are eligible. The State Bar also needs to approve the recommendation.


courthousenews--2020-11-21--California Courts Covid Update

California Courts Covid Update

Nov. 19 , 2020 : Covid-19 Order # 17 , in the interest in reducing number of people coming to @ @ @ @ @ “ that bail must be deposited in order to have a trial by written is @ @ @ @ @ 2020 : Covid-19 Order # 16 , implementation of emergency relief regarding locations for holding @ @ @ @ @ , 2020 through March 31 , 2021 Nov. 20 , 2020 : Order details extension @ @ @ @ @ for criminal jury trials , and procedures to limit entry to courthouses and other safety @


Top Eight

Your Friday night briefing from the staff of Courthouse News Top eight CNS stories for today including Pfizer is seeking emergency use authorization for its Covid-19 vaccine ; The pandemic has reached a new grim milestone with more than 11,000 new daily deaths recorded globally ; Markets dipped slightly to end a mishmash week of trading , and more .
Sign up for the CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your inbox Monday through Friday .
1 . )
Pharmaceutical giant Pfizer and its partner BioNTech will forge ahead in @ @ @ @ @ @ @ their Covid-19 vaccine , a booster the company declared this week was 95 % effective .
2 . )
Covid never came up , Speaker of the House Nancy Pelosi told reporters Friday , recapping talks with Republicans that focused exclusively on the federal budget as the country marked its 250,000th death to the pandemic .
3 . )
A move by the Treasury Department to pull back funds from the Federal Reserve spooked investors on Friday , with markets dipping slightly to end a mishmash week of trading .
4 . )
@ @ @ @ @ @ @ , California added 145,000 jobs in October and dropped its unemployment rate below 10 % for the first time since before the pandemic .
5 . )
Wisconsin ’ s governor declared another 60-day state of emergency over the state ’ s rampant coronavirus spread on Friday in addition to issuing a new face coverings mandate .
6 . )
In his most recent dispatch , Courthouse News ’ western bureau chief visits a pristine area that also boasts a coastal enclave at the center of a battle over who has the right @ @ @ @ @ @ @ .
7 . )
The coronavirus pandemic has reached a new grim milestone with more than 11,000 new daily deaths recorded globally for the first time this week over several days in a row , making it the deadliest week yet .
8 . )
Thirty-four scientists ’ two-month expedition to Mount Everest last year produced four new research papers examining how climate change and pollution have impacted the tallest place on Earth .

Top eight CNS stories for today including Pfizer is seeking emergency use authorization for its Covid-19 vaccine; The pandemic has reached a new grim milestone with more than 11,000 new daily deaths recorded globally; Markets dipped slightly to end a mishmash week of trading, and more.
Your Friday night briefing from the staff of Courthouse News
Top eight CNS stories for today including Pfizer is seeking emergency use authorization for its Covid-19 vaccine; The pandemic has reached a new grim milestone with more than 11,000 new daily deaths recorded globally; Markets dipped slightly to end a mishmash week of trading, and more.
Sign up for the CNS Top Eight, a roundup of the day’s top stories delivered directly to your inbox Monday through Friday.
National
1.) Pharmaceutical giant Pfizer and its partner BioNTech will forge ahead in their pursuit of emergency use authorization for their Covid-19 vaccine, a booster the company declared this week was 95% effective.
Pedestrians walk past Pfizer world headquarters, Monday Nov. 9, 2020, in New York. Pfizer says an early peek at its vaccine data suggests the shots may be 90% effective at preventing COVID-19, but it doesn't mean a vaccine is imminent. (AP Photo/Bebeto Matthews)
2.) Covid never came up, Speaker of the House Nancy Pelosi told reporters Friday, recapping talks with Republicans that focused exclusively on the federal budget as the country marked its 250,000th death to the pandemic.
Speaker of the House Nancy Pelosi, D-Calif., and Senate Minority Leader Chuck Schumer, D-N.Y., left, meet with reporters on Capitol Hill in Washington, Thursday, Nov. 12, 2020. (AP Photo/J. Scott Applewhite)
3.) A move by the Treasury Department to pull back funds from the Federal Reserve spooked investors on Friday, with markets dipping slightly to end a mishmash week of trading.
FILE - In this Monday, Sept. 21, 2020 file photo, Treasury Secretary Steve Mnuchin speaks during a news conference to announce the Trump administration's restoration of sanctions on Iran at the U.S. State Department in Washington. Treasury Secretary Steven Mnuchin said Thursday, Nov. 19, 2020 he will not to extend several emergency loan programs set up with the Federal Reserve to support the economy in the midst of the coronavirus pandemic.(AP Photo/Patrick Semansky, File)
Regional
4.) Registering its third-highest monthly haul since 1990, California added 145,000 jobs in October and dropped its unemployment rate below 10% for the first time since before the pandemic.
FILE - In this Oct. 1, 2019, file photo people wait in line to inquire about job openings with Marshalls during a job fair at Dolphin Mall in Miami. On Friday, Dec. 6, the U.S. government issues the November jobs report. (AP Photo/Lynne Sladky, File)
5.) Wisconsin’s governor declared another 60-day state of emergency over the state’s rampant coronavirus spread on Friday in addition to issuing a new face coverings mandate.
FILE - In this Nov. 5, 2020, file photo, the heart rates, blood pressure levels and oxygen levels of COVID-19 patients are closely tracked in an intermediate care wing of UW Hospital's COVID-19 unit in Madison, Wis. With the coronavirus surging out of control, the nation’s top public health agency advised Americans on Thursday, Nov. 19, not to travel for Thanksgiving and not to spend the holiday with people from outside their household. (John Hart/Wisconsin State Journal via AP, File)
6.) In his most recent dispatch, Courthouse News’ western bureau chief visits a pristine area that also boasts a coastal enclave at the center of a battle over who has the right to access California’s iconic beaches.
(Courthouse News photo / Chris Marshall)
International
7.) The coronavirus pandemic has reached a new grim milestone with more than 11,000 new daily deaths recorded globally for the first time this week over several days in a row, making it the deadliest week yet.
A Woman and child wear face coverings whilst holding a dog as they stand by a COVID-19 distancing sign beside a bus stop on Waterloo Bridge during England's second coronavirus lockdown, in London, Friday, Nov. 20, 2020. Britain yesterday registered 501 daily COVID-19 deaths within 28 days of a positive test and is the fifth country in the world to record more than 50,000 coronavirus-related deaths. (AP Photo/Matt Dunham)
8.) Thirty-four scientists’ two-month expedition to Mount Everest last year produced four new research papers examining how climate change and pollution have impacted the tallest place on Earth.


courthousenews--2020-11-20--Legal Experts and Prosecutors Push for Nationwide Criminal Justice Reforms

HOUSTON ( CN ) — While criminal justice reform took a backseat to the pandemic in the 2020 elections , there ’ s consensus in statehouses across the country major changes are needed in policing and incarceration practices .
A panel of experts Friday laid out their reform wish lists for 2021 .
Oregon voters passed a bill decriminalizing possession of small amounts of hard drugs , California ’ s electorate approved a bill restoring voting rights to felony parolees and referendums legalizing recreational marijuana use passed in Montana , New Jersey and Arizona .
For all those changes and @ @ @ @ @ @ @ agencies to mental-health workers , measures that were taken this year by the City Council of Austin , Texas and through the will of voters in Los Angeles County , one fact shows how deep the nation will have to dig to set itself on a different path .
There are still millions of people behind bars in America , more per capita than any country in the world .
For former California governor and attorney general Jerry Brown , 82 , it comes down to second chances .
“ That ’ s @ @ @ @ @ @ @ real battle here : Do we think a human being , a child of God , can be forgiven and can turn themselves around or do we keep them like animals in a cage , not just for years , but for decades and decades , which is the predominant ethos of the United States of America ?
” Brown said Friday in a virtual forum sponsored by the Council on Criminal Justice .
Brown , a Democrat , was California ’ s governor from 1975 through 1982 and again from 2011 to @ @ @ @ @ @ @ and second terms , state legislators passed dozens of tough-on-crime bills and voters passed 22 initiatives making punishments for convictions more punitive , and over those years the state ’ s prison system grew from 20,000 inmates and 12 prisons to 175,000 inmates and 34 prisons .
“ The crime rate didn ’ t go up that fast , ” said Brown , a charter member of the council , which includes Republican and Democratic lawmakers .
The former governor said he believes rules dictating mandatory minimum sentences for certain crimes should be @ @ @ @ @ @ @ sentencing , and parole boards too should have more freedom to decide who to release from prison .
With her win in November , Tarra Simmons , a Democrat , became the first former prisoner elected to the state Legislature in Washington state .
She said she went to law school following her release from prison seven years ago , but after she graduated , the Washington State Bar Association refused to let her sit for the bar exam because of her past .
She appealed to the state ’ s Supreme Court @ @ @ @ @ @ @ went on to become a civil rights attorney .
“ In that opinion the Supreme Court wrote , ‘ Your past does not define your future , ’ ” Simmons said on Friday ’ s forum .
As a freshman lawmaker , Simmons said , she ’ ll lobby for passage of “ clean slate ” legislation to make it easier for people to expunge some convictions from their records , as criminal records make it harder for people to get good jobs and housing .
She criticized Washington Governor Jay Inslee for @ @ @ @ @ @ @ have automatically expunged minor offenses from millions of people ’ s records .
Another glaring issue for her : “ In Washington we don ’ t have parole , so if you are sentenced to 60 years , you are doing 60 years .
So that ’ s a major problem.
” In her first term as Cook County State ’ s Attorney in Chicago , Kim Foxx pivoted from her predecessor ’ s tough-on-crime approach .
She moved away from pressing charges against people charged with small-time theft and drug possession and @ @ @ @ @ @ @ : Bookings into the Cook County Jail fell by around 20 % in 2018 .
She said she won reelection in November thanks to overwhelming support of voters in the city of Chicago .
But she said most people who live in the suburbs voted against her with many citing her shift away from prosecuting petty crimes .
Homicides are up 50 % this year in Chicago .
Foxx said she ’ s trying to impress upon her critics the need to prioritize resources on pursuing convictions for violent crimes .
“ The @ @ @ @ @ @ @ to take… .
for years we were doing things that were the easiest , low-level cases , ” she said .
There ’ s also been a spike in murders this year in Houston and in cities across the country .
The Council on Criminal Justice examined 27 cities and found on average “ homicide rates between June and August of 2020 increased by 53 % over the same period in 2019 , and aggravated assaults went up by 14 % , ” according to a study released Sept. 26 .
Houston Police @ @ @ @ @ @ @ s jump in murders this year , 353 compared to 140 in all of 2019 , to economic stress caused by the pandemic and people being cooped up at home .
“ When you think about some of the horrific scenes we ’ ve seen this year , some of the murder-suicides .
We just had one the other day involving a small child and a woman .
And it is truly a perfect storm as it relates to not just gun violence and murders , but also the epidemic of suicides .
@ @ @ @ @ @ @ , ” he told Houston ’ s NPR affiliate on Friday .
Despite its wide-ranging conversation , the Council on Criminal Justice panel did not discuss President-elect Joe Biden ’ s plans for reforms on this front .
Biden expressed regret on the campaign trail for voting for a crime bill in 1994 , as a U.S. senator for Delaware , that critics say led to the mass incarceration of Black people .
Biden has now fallen into step with other criminal justice advocates .
He says no one should be incarcerated for @ @ @ @ @ @ @ treatment .
He wants the government to save money by reducing the number of people in federal lockups , and encourage states to do the same with a $ 20 billion grant program through which states could receive funding to address root causes of criminal behavior , such as illiteracy and child abuse .
States would be eligible only if they do away with mandatory minimum sentences for nonviolent crimes and allow inmates to earn credits with good behavior towards early release .
He also wants to decriminalize marijuana possession across the country @ @ @ @ @ @ @ lawmaker , said she ’ s encouraged by reforms voters approved in November , but as a former prisoner she ’ s keeping it in perspective .
“ The problem is so massive , and we barely made a dent in it , ” she said .

While criminal justice reform took a backseat to the pandemic in the 2020 elections, there’s consensus in statehouses across the country major changes are needed in policing and incarceration practices. A panel of experts Friday laid out their reform wish lists for 2021.
HOUSTON (CN) — While criminal justice reform took a backseat to the pandemic in the 2020 elections, there’s consensus in statehouses across the country major changes are needed in policing and incarceration practices. A panel of experts Friday laid out their reform wish lists for 2021.
The November elections reflected Americans’ changing views towards criminal justice.
Oregon voters passed a bill decriminalizing possession of small amounts of hard drugs, California’s electorate approved a bill restoring voting rights to felony parolees and referendums legalizing recreational marijuana use passed in South Dakota, Montana, New Jersey and Arizona.
For all those changes and calls to shift some funding from police agencies to mental-health workers, measures that were taken this year by the City Council of Austin, Texas and through the will of voters in Los Angeles County, one fact shows how deep the nation will have to dig to set itself on a different path.
There are still millions of people behind bars in America, more per capita than any country in the world.
For former California governor and attorney general Jerry Brown, 82, it comes down to second chances.
“That’s the essence and that’s the real battle here: Do we think a human being, a child of God, can be forgiven and can turn themselves around or do we keep them like animals in a cage, not just for years, but for decades and decades, which is the predominant ethos of the United States of America?” Brown said Friday in a virtual forum sponsored by the Council on Criminal Justice.
Brown, a Democrat, was California’s governor from 1975 through 1982 and again from 2011 to 2019. He said between his first and second terms, state legislators passed dozens of tough-on-crime bills and voters passed 22 initiatives making punishments for convictions more punitive, and over those years the state’s prison system grew from 20,000 inmates and 12 prisons to 175,000 inmates and 34 prisons.
“The crime rate didn’t go up that fast,” said Brown, a charter member of the council, which includes Republican and Democratic lawmakers.
The former governor said he believes rules dictating mandatory minimum sentences for certain crimes should be struck down so judges have discretion on sentencing, and parole boards too should have more freedom to decide who to release from prison.
With her win in November, Tarra Simmons, a Democrat, became the first former prisoner elected to the state Legislature in Washington state.
She said she went to law school following her release from prison seven years ago, but after she graduated, the Washington State Bar Association refused to let her sit for the bar exam because of her past. She appealed to the state’s Supreme Court, which unanimously sided with her and went on to become a civil rights attorney.
“In that opinion the Supreme Court wrote, ‘Your past does not define your future,’” Simmons said on Friday’s forum.
As a freshman lawmaker, Simmons said, she’ll lobby for passage of “clean slate” legislation to make it easier for people to expunge some convictions from their records, as criminal records make it harder for people to get good jobs and housing.
She criticized Washington Governor Jay Inslee for vetoing a bill in April that would have automatically expunged minor offenses from millions of people’s records.
Another glaring issue for her: “In Washington we don’t have parole, so if you are sentenced to 60 years, you are doing 60 years. So that’s a major problem.”
In her first term as Cook County State’s Attorney in Chicago, Kim Foxx pivoted from her predecessor’s tough-on-crime approach. She moved away from pressing charges against people charged with small-time theft and drug possession and pushed for bail reform and got results: Bookings into the Cook County Jail fell by around 20% in 2018.
She said she won reelection in November thanks to overwhelming support of voters in the city of Chicago. But she said most people who live in the suburbs voted against her with many citing her shift away from prosecuting petty crimes.
Homicides are up 50% this year in Chicago. Foxx said she’s trying to impress upon her critics the need to prioritize resources on pursuing convictions for violent crimes.
“The rules say we can decide what cases to take…. for years we were doing things that were the easiest, low-level cases,” she said.
There’s also been a spike in murders this year in Houston and in cities across the country.
The Council on Criminal Justice examined 27 cities and found on average “homicide rates between June and August of 2020 increased by 53% over the same period in 2019, and aggravated assaults went up by 14%,” according to a study released Sept. 26.
Houston Police Chief Art Acevedo attributes the city’s jump in murders this year, 353 compared to 140 in all of 2019, to economic stress caused by the pandemic and people being cooped up at home.
“When you think about some of the horrific scenes we’ve seen this year, some of the murder-suicides. We just had one the other day involving a small child and a woman. And it is truly a perfect storm as it relates to not just gun violence and murders, but also the epidemic of suicides. Suicides are up significantly across the country,” he told Houston’s NPR affiliate on Friday.
Despite its wide-ranging conversation, the Council on Criminal Justice panel did not discuss President-elect Joe Biden’s plans for reforms on this front.
Biden expressed regret on the campaign trail for voting for a crime bill in 1994, as a U.S. senator for Delaware, that critics say led to the mass incarceration of Black people.
Biden has now fallen into step with other criminal justice advocates. He says no one should be incarcerated for drug use alone, they should receive treatment.
He wants the government to save money by reducing the number of people in federal lockups, and encourage states to do the same with a $20 billion grant program through which states could receive funding to address root causes of criminal behavior, such as illiteracy and child abuse.
States would be eligible only if they do away with mandatory minimum sentences for nonviolent crimes and allow inmates to earn credits with good behavior towards early release.
He also wants to decriminalize marijuana possession across the country.
Simmons, the incoming Washington state lawmaker, said she’s encouraged by reforms voters approved in November, but as a former prisoner she’s keeping it in perspective.
“The problem is so massive, and we barely made a dent in it,” she said.