courthousenews--2020-11-16--Fort Worth Sued by Family of Black Woman Killed by Cop at Home

FORT WORTH , Texas ( CN ) — The family of Atatiana Jefferson has filed a federal wrongful death lawsuit against the city of Fort Worth and the former cop who shot the Black woman to death through a window of her own home during a welfare check last year .
Relatives Jerome Eschor , Arita Eschor and Venitta Body claim Aaron Dean – who is white – failed to identify himself as a police officer and went straight into the backyard instead of knocking at the front door in the early morning of Oct. 12 , 2019 .
In @ @ @ @ @ @ @ Monday , they seek compensatory and punitive damages for excessive force , assault , battery and supervisory liability .
“ Dean , immediately , within seconds of seeing the resident inside of her home ; shot her dead through a window of the home , ” the 17-page complaint states .
“ Defendant Dean in his prowl around the backyard of her home , caused Atatiana fear and uncertainty … Dean failed to render medical aide to Atatiana.
” The lawsuit ’ s claims mirror what was recorded on Dean ’ s body @ @ @ @ @ @ @ released a heavily edited , two-minute long video within hours of the shooting that show Dean walking up to the open front door before walking down the side of the house .
Dean is shown suddenly peering into a window before yelling “ put your hands up , show me your hands ” and immediately firing his service weapon inside .
He is not shown identifying himself as police at any time .
Jefferson was reportedly playing video games with her 8-year-old nephew immediately before being killed .
Jefferson was 28 years old @ @ @ @ @ @ @ in New Orleans with a biology degree .
Her family , represented by Tanika Solomon in Houston and Bassey O. Akpaffiong in nearby Sugar Land , claims Fort Worth officials knew or should have known Dean “ exhibited a pattern of escalating encounters with the public ” in violation of police procedures .
Dean was hired in August 2017 and commissioned eight months later .
The Fort Worth Police Department declined to comment on the lawsuit Monday afternoon , citing a gag order in place since October 2019 in Dean ’ s criminal @ @ @ @ @ @ @ on the lawsuit Monday evening , stating they have not been formally served with the complaint yet .
Jefferson ’ s killing drew swift condemnation from the community as the Dallas-Fort Worth area was still reeling from the murder trial and conviction of former Dallas cop Amber Guyger two weeks before Jefferson ’ s death .
A Dallas County jury sentenced Guyger to 10 years in prison for shooting and killing Black accountant Botham Jean in his own apartment .
Fort Worth Police Chief Ed Kraus said shortly after Jefferson ’ s death @ @ @ @ @ @ @ for violating the department ’ s use of force policies , but said Dean resigned before he had the chance .
Dean was charged with murder one day after the shooting .
He was formally charged by a Tarrant County grand jury two months later .
He is currently free on $ 200,000 bond and is scheduled to stand trial in August next year .
Republican Fort Worth Mayor Betsy Price later appointed an eight-member independent panel to review the police department ’ s practices and patterns of stops , searches , arrests @ @ @ @ @ @ @ de-escalation tactics and reporting procedures .
The panel also reviewed the department ’ s general orders , interactions with residents and training for traffic stops .

The family of Atatiana Jefferson has filed a federal wrongful death lawsuit against the city of Fort Worth and the former cop who shot the Black woman to death through a window of her own home during a welfare check last year.
FORT WORTH, Texas (CN) — The family of Atatiana Jefferson has filed a federal wrongful death lawsuit against the city of Fort Worth and the former cop who shot the Black woman to death through a window of her own home during a welfare check last year.
Relatives Jerome Eschor, Arita Eschor and Venitta Body claim Aaron Dean – who is white – failed to identify himself as a police officer and went straight into the backyard instead of knocking at the front door in the early morning of Oct. 12, 2019. In their lawsuit filed Friday and made available Monday, they seek compensatory and punitive damages for excessive force, assault, battery and supervisory liability.
“Dean, immediately, within seconds of seeing the resident inside of her home; shot her dead through a window of the home,” the 17-page complaint states. “Defendant Dean in his prowl around the backyard of her home, caused Atatiana fear and uncertainty … Dean failed to render medical aide to Atatiana.”
The lawsuit’s claims mirror what was recorded on Dean’s body camera that morning. Fort Worth police released a heavily edited, two-minute long video within hours of the shooting that show Dean walking up to the open front door before walking down the side of the house.
Dean is shown suddenly peering into a window before yelling “put your hands up, show me your hands” and immediately firing his service weapon inside. He is not shown identifying himself as police at any time.
This undated photo provided by Jefferson's family shows Atatiana Jefferson. A white Fort Worth police officer who shot and killed Jefferson through a back window of her home while responding to a call about an open front door acted without justification and resigned Monday, Oct. 14, 2019, before he could be fired, the police chief said. (Jefferson's family via AP)
Jefferson was reportedly playing video games with her 8-year-old nephew immediately before being killed. Jefferson was 28 years old and a 2014 graduate of Xavier University in New Orleans with a biology degree.
Her family, represented by Tanika Solomon in Houston and Bassey O. Akpaffiong in nearby Sugar Land, claims Fort Worth officials knew or should have known Dean “exhibited a pattern of escalating encounters with the public” in violation of police procedures. Dean was hired in August 2017 and commissioned eight months later.
The Fort Worth Police Department declined to comment on the lawsuit Monday afternoon, citing a gag order in place since October 2019 in Dean’s criminal case. City officials declined to comment on the lawsuit Monday evening, stating they have not been formally served with the complaint yet.
Jefferson’s killing drew swift condemnation from the community as the Dallas-Fort Worth area was still reeling from the murder trial and conviction of former Dallas cop Amber Guyger two weeks before Jefferson’s death. A Dallas County jury sentenced Guyger to 10 years in prison for shooting and killing Black accountant Botham Jean in his own apartment.
Fort Worth Police Chief Ed Kraus said shortly after Jefferson’s death that he was planning on firing Dean for violating the department’s use of force policies, but said Dean resigned before he had the chance.
Dean was charged with murder one day after the shooting. He was formally charged by a Tarrant County grand jury two months later. He is currently free on $200,000 bond and is scheduled to stand trial in August next year.
Republican Fort Worth Mayor Betsy Price later appointed an eight-member independent panel to review the police department’s practices and patterns of stops, searches, arrests, use of force, training, de-escalation tactics and reporting procedures. The panel also reviewed the department’s general orders, interactions with residents and training for traffic stops.


courthousenews--2020-11-16--Biden Urges Trump to Coordinate Transition Or ‘More People May Die’

( CN ) — President-elect Joe Biden said President Donald Trump ’ s refusal to accept the outcome of the national election is endangering a smooth transition necessary to ensure an effective rollout of coronavirus vaccines that many experts believe will end the pandemic .
“ If we have to wait until Jan. 20 , it puts us behind , ” Biden said in an appearance with his running mate Kamala Harris on Monday .
“ There needs to be coordination now or as rapidly as possible to get that done.
” Trump lost the election by a significant margin @ @ @ @ @ @ @ ’ s 306 .
Many margins in states like Pennsylvania , where Trump has focused much of his efforts to contest the election , were not close , with Biden holding an advantage of more than 60,000 votes in the Keystone State .
Yet Trump continues to spout evidence-free assertions that the election was stolen from him , concentrating his ire on conspiracy theories involving voting machine companies and large-scale frauds tied to mail-in ballots .
Biden said the president ’ s behavior is more embarrassing then detrimental in most regards , though @ @ @ @ @ @ @ .
“ It ’ s more embarrassing for the country than debilitating to my efforts to get started , ” Biden said Monday morning .
Biden also touted his ability to bring leaders of the corporate world together with labor leaders to discuss the best way to get the American economy on track , as millions of workers remain unemployed and several small businesses continue to founder on the brink of ruin .
“ We can come together around the same table and advance areas of common interest , ” Biden said .
@ @ @ @ @ @ @ president need to work together now to put together another round of stimulus funds to help the American worker and small business entrepreneurs .
“ The money is there , ” Biden said of another round of pandemic relief .
He also said the federal government , which unlike cities and states is allowed to spend even with a deficit , should distribute some of its funds to states and local governments to help them balance their budgets , saying many police officers , firefighters and mental health workers are on the verge @ @ @ @ @ @ @ of the communities they serve .
It was the first economic speech Biden delivered since winning enough electoral votes to become president and echoed many of the commitments he set out during his campaign .
He said he wants to build a greener infrastructure , moving away from fossil fuels and toward renewable energy and creating good paying union jobs in the process .
“ It ’ s time to reward work , not just wealth in America , ” he said .
He talked about leveraging federal dollars to aid in the @ @ @ @ @ @ @ 100 billion in the nation ’ s “ crumbling schools.
” He said that he told corporate leaders that he met with that he would be a pro-union president , but not an anti-business one .
“ It ’ s not anti-business , it ’ s just good economic policy , ” he said .
In hosting an economic roundtable , Biden was very keen to show he met with business and union leaders .
“ It ’ s really encouraging to get people from business and labor to agree on the way @ @ @ @ @ @ @ participants included Richard Trumka , president of AFL-CIO ; Mary Barra , CEO of General Motors ; SEUI president Mary Kay Henry ; Satya Nadella , president and CEO of Microsoft ; ; Rory Gamble , president of UAW , Brian Cornell , CEO and board chairman of Target ; UFCW president Marc Perrone , President of UFCW ; AFSCME president Lee Saunders ; and Sonia Syngal , CEO of Gap .
The roundtable was not open to the general press and was conducted via Zoom .
Biden and Vice President-elect Kamala Harris @ @ @ @ @ @ @ Theater in Willington , Delaware , where Biden has stayed during the transition period as the pandemic continues to spread unabated throughout nearly every corner of the country .
According to Biden , getting the pandemic under control will be the key to getting the economy growing once again .
“ Getting the vaccine and getting vaccinated are two different things , ” he said .
“ We need a distribution plan to make sure things can smoothly move forward.
” For that to happen , the transition team needs access to information @ @ @ @ @ @ @ Operation Warp Speed , the president-elect said .
So far , there are no indications Trump is willing to cooperate .

President-elect Joe Biden said President Donald Trump’s refusal to accept the outcome of the national election is endangering a smooth transition necessary to ensure an effective rollout of coronavirus vaccines that many experts believe will end the pandemic.
(CN) — President-elect Joe Biden said President Donald Trump’s refusal to accept the outcome of the national election is endangering a smooth transition necessary to ensure an effective rollout of coronavirus vaccines that many experts believe will end the pandemic.
“If we have to wait until Jan. 20, it puts us behind,” Biden said in an appearance with his running mate Kamala Harris on Monday. “There needs to be coordination now or as rapidly as possible to get that done.”
Trump lost the election by a significant margin, amassing 232 electoral votes to Biden’s 306. Many margins in states like Pennsylvania, where Trump has focused much of his efforts to contest the election, were not close, with Biden holding an advantage of more than 60,000 votes in the Keystone State.
Yet Trump continues to spout evidence-free assertions that the election was stolen from him, concentrating his ire on conspiracy theories involving voting machine companies and large-scale frauds tied to mail-in ballots.
Biden said the president’s behavior is more embarrassing then detrimental in most regards, though cooperation over the vaccine rollout is imperative.
“It’s more embarrassing for the country than debilitating to my efforts to get started,” Biden said Monday morning.
Biden also touted his ability to bring leaders of the corporate world together with labor leaders to discuss the best way to get the American economy on track, as millions of workers remain unemployed and several small businesses continue to founder on the brink of ruin.
“We can come together around the same table and advance areas of common interest,” Biden said.
But Biden also said Congress and the president need to work together now to put together another round of stimulus funds to help the American worker and small business entrepreneurs.
“The money is there,” Biden said of another round of pandemic relief.
He also said the federal government, which unlike cities and states is allowed to spend even with a deficit, should distribute some of its funds to states and local governments to help them balance their budgets, saying many police officers, firefighters and mental health workers are on the verge of losing their jobs to the detriment of the communities they serve.
It was the first economic speech Biden delivered since winning enough electoral votes to become president and echoed many of the commitments he set out during his campaign.
He said he wants to build a greener infrastructure, moving away from fossil fuels and toward renewable energy and creating good paying union jobs in the process.
“It’s time to reward work, not just wealth in America,” he said.
He talked about leveraging federal dollars to aid in the construction of infrastructure projects while investing $100 billion in the nation’s “crumbling schools.”
He said that he told corporate leaders that he met with that he would be a pro-union president, but not an anti-business one.
“It’s not anti-business, it’s just good economic policy,” he said.
In hosting an economic roundtable, Biden was very keen to show he met with business and union leaders.
“It’s really encouraging to get people from business and labor to agree on the way forward,” he said.
Roundtable participants included Richard Trumka, president of AFL-CIO; Mary Barra, CEO of General Motors; SEUI president Mary Kay Henry; Satya Nadella, president and CEO of Microsoft;; Rory Gamble, president of UAW, Brian Cornell, CEO and board chairman of Target; UFCW president Marc Perrone, President of UFCW; AFSCME president Lee Saunders; and Sonia Syngal, CEO of Gap.
The roundtable was not open to the general press and was conducted via Zoom.
Biden and Vice President-elect Kamala Harris both appeared in person at the Queen Theater in Willington, Delaware, where Biden has stayed during the transition period as the pandemic continues to spread unabated throughout nearly every corner of the country.
According to Biden, getting the pandemic under control will be the key to getting the economy growing once again.
“Getting the vaccine and getting vaccinated are two different things,” he said. “We need a distribution plan to make sure things can smoothly move forward.”
For that to happen, the transition team needs access to information regarding the current state of play for Operation Warp Speed, the president-elect said.
So far, there are no indications Trump is willing to cooperate.


Anti-Trump Ad

MADISON , Wis. — The Trump campaign agreed to drop its suit over a local television advertisement in northern Wisconsin @ @ @ @ @ ad , which featured a recording of the president saying “ the coronavirus ” followed @ @ @ @ @ new hoax , ” was defamatory .

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.


Accusations

NEW YORK — Comedian Jeff Ross filed a defamation suit in New York against a woman who he says falsely @ @ @ @ @ sexual relationship with her when she was a minor .


Fraternity Roast

ROCHESTER , N.Y. — Syracuse University adhered to its own guidelines for disciplinary proceedings against fraternity members who participated in @ @ @ @ @ , an appeals court in New York ruled .
The roast featured skits that included @ @ @ @ @ depicted “ simulated sexual activity and sexual violence ” directed at people imitating women and @ @ @ @


Traffic Stop

CHARLESTON , W.V .
— Accepting the allegation that a police officer did not use his lights or sirens to @ @ @ @ @ wrong that resulted in the paralysis of a motorcyclist , a federal court in West @ @ @ @ @ and his colleague are not entitled to immunity on Fourth Amendment claims .
After running @ @ @ @ @ , the officers allegedly used pepper spray and “ stomped ” on his head even @ @ @ @ @


Tobacco Ordinance

PHILADELPHIA — A federal court in Pennsylvania granted a group of cigar manufacturers and distributors ’ request for a preliminary @ @ @ @ @ enforcing an ordinance that prohibits the sale of tobacco products that have a flavor or @ @ @ @ @ tobacco .


DACA Suspension

NEW YORK — A federal judge in New York ruled that Chad Wolf did not have the authority to issue @ @ @ @ @ effectively suspended the Deferred Action for Childhood Arrivals program because he was not “ lawfully @ @ @ @ @ Homeland Security .
”


iPhones

SAN FRANCISCO — A federal court in California ruled that some misrepresentation claims against Apple can proceed in a proposed @ @ @ @ @ company misled consumers about the capabilities of the iPhone XR .
The plaintiffs claim Apple @ @ @ @ @ in antenna types between the iPhone XR and the iPhone XS and XS Max .


courthousenews--2020-11-17--IRS Reports $2.3 Billion in Tax Fraud in 2020

( CN ) — The IRS uncovered $ 2.3 billion in tax fraud during the 2020 fiscal year , according to an annual report released by the agency on Monday .
The Criminal Investigation Division of the IRS said in its report that its current priorities include Covid-19-related fraud , cybercrimes and other tax-related crimes .
The division also investigates non-tax-related crimes like money laundering and narcotics trafficking .
“ Even in the face of a global pandemic , the CI workforce initiated nearly 1,600 investigations and identified $ 2.3 billion in tax fraud schemes , ” IRS Commissioner Chuck @ @ @ @ @ @ @ This is no small feat during a challenging year , and their work is critical to protecting taxpayers and the integrity of our tax system.
” Special agents adapted their investigative techniques this year in order to probe fraudulent claims made under federal coronavirus relief programs , according to the report .
These included false claims made under economic impact payments , Paycheck Protection Program ( PPP ) loans and refundable payroll tax credits from the Coronavirus Aid , Relief , and Economic Security Act .
“ Clearly , unscrupulous individuals sought to @ @ @ @ @ @ @ to buttress a nation in crisis , ” IRS Criminal Investigation Chief Jim Lee said in a statement .
“ These individuals and groups were instead met with a cadre of special agents determined to thwart their efforts.
” Pointing out that “ criminals don ’ t stop committing crimes just because there is a national health emergency , ” the report details findings of certain individuals using the relief funds to purchase luxury items like yachts and sports cars .
One man whose efforts were thwarted by the IRS cadre was 29-year-old @ @ @ @ @ @ @ man was charged with fraudulently obtaining $ 3.9 million in PPP loans and using some of those funds to buy a 2020 Lamborghini Huracan sports car worth $ 318,000 .
The annual report looks back on major take-downs that occurred throughout the country between October 2019 , when the 2020 fiscal year began , and Sept. 30 .
The division says it initiated 1,598 cases this year and spent about 73 % of its time working on tax-related probes .
It also reflected on the results of investigations that the Criminal Investigations Division @ @ @ @ @ @ @ internet .
On Aug. 13 for example , multiple IRS-based complaints were unsealed in the District of Columbia detailing a “ coordinated effort to dismantle three terrorist financing cyber-enabled campaigns.
” The online campaigns , which involved the al-Qassam Brigades , Hamas ’ s military wing , al-Qaeda and ISIS , were interrupted by the IRS in what the agency on Monday called “ the government ’ s largest-ever seizure of cryptocurrency in the terrorism context.
” “ Pursuant to judicially-authorized warrants , U.S. authorities seized millions of dollars , over 300 cryptocurrency @ @ @ @ @ @ @ Facebook pages all related to the criminal enterprise , ” the report says .
One of these websites was a front for ISIS that allegedly peddled fake N-95 masks to hospitals , nursing homes and first responders amid supply shortages .

The IRS uncovered $2.3 billion in tax fraud during the 2020 fiscal year, according to an annual report released by the agency on Monday.
(CN) — The IRS uncovered $2.3 billion in tax fraud during the 2020 fiscal year, according to an annual report released by the agency on Monday.
The Criminal Investigation Division of the IRS said in its report that its current priorities include Covid-19-related fraud, cybercrimes and other tax-related crimes. The division also investigates non-tax-related crimes like money laundering and narcotics trafficking.
"Even in the face of a global pandemic, the CI workforce initiated nearly 1,600 investigations and identified $2.3 billion in tax fraud schemes,” IRS Commissioner Chuck Rettig said in a statement. “This is no small feat during a challenging year, and their work is critical to protecting taxpayers and the integrity of our tax system.”
Special agents adapted their investigative techniques this year in order to probe fraudulent claims made under federal coronavirus relief programs, according to the report.
These included false claims made under economic impact payments, Paycheck Protection Program (PPP) loans and refundable payroll tax credits from the Coronavirus Aid, Relief, and Economic Security Act.
"Clearly, unscrupulous individuals sought to exploit the economic safeguards put in place to buttress a nation in crisis,” IRS Criminal Investigation Chief Jim Lee said in a statement. “These individuals and groups were instead met with a cadre of special agents determined to thwart their efforts.”
Pointing out that “criminals don’t stop committing crimes just because there is a national health emergency,” the report details findings of certain individuals using the relief funds to purchase luxury items like yachts and sports cars.
One man whose efforts were thwarted by the IRS cadre was 29-year-old Miami resident David Hines.
The Florida man was charged with fraudulently obtaining $3.9 million in PPP loans and using some of those funds to buy a 2020 Lamborghini Huracan sports car worth $318,000.
The annual report looks back on major take-downs that occurred throughout the country between October 2019, when the 2020 fiscal year began, and Sept. 30.
The division says it initiated 1,598 cases this year and spent about 73% of its time working on tax-related probes.
It also reflected on the results of investigations that the Criminal Investigations Division had launched into dark corners of the internet.
On Aug. 13 for example, multiple IRS-based complaints were unsealed in the District of Columbia detailing a “coordinated effort to dismantle three terrorist financing cyber-enabled campaigns.”
The online campaigns, which involved the al-Qassam Brigades, Hamas’s military wing, al-Qaeda and ISIS, were interrupted by the IRS in what the agency on Monday called “the government’s largest-ever seizure of cryptocurrency in the terrorism context.”
“Pursuant to judicially-authorized warrants, U.S. authorities seized millions of dollars, over 300 cryptocurrency accounts, four websites, and four Facebook pages all related to the criminal enterprise,” the report says.
One of these websites was a front for ISIS that allegedly peddled fake N-95 masks to hospitals, nursing homes and first responders amid supply shortages.


courthousenews--2020-11-17--Red Wolf Advocates Sue Fish and Wildlife Service

RALEIGH , N.C. ( CN ) — The U.S .
Fish and Wildlife Service is facing a new challenge from red wolf advocates , who said in a federal lawsuit Monday that the agency is failing to conserve the critically endangered species .
“ Faced with a wild population of only seven known animals , the Fish and Wildlife Service is now claiming — without basis — that it ’ s not allowed to take proven , necessary measures to save the wild red wolves , ” said Sierra Weaver , senior attorney at the Southern Environmental Law Center , @ @ @ @ @ @ @ Law Center filed the new complaint in the Eastern District of North Carolina on behalf of the Red Wolf Coalition , the Animal Welfare Institute and Defenders of Wildlife .
The trio says the Fish and Wildlife Service is violating the Endangered Species Act because its new policies “ bar the use of proven management measures to save wild red wolves.
” “ Under the U.S .
Fish and Wildlife Service ’ s mismanagement , the world ’ s most endangered wolf has only moved closer to extinction , ” Jason Rylander , @ @ @ @ @ @ @ Wildlife , said in a statement .
The handful of red wolves remaining in the wild can be found exclusively in the eastern part of North Carolina .
To preserve the species , the agency ’ s 1986 “ red wolf rule ” originally authorized the reintroduction of captive red wolves into Dare County and the adjacent Tyrrell , Hyde , Washington and Beaufort Counties .
The rule was altered over time , but in 2018 , the Fish and Wildlife Service proposed a controversial revision .
“ In the preamble of this @ @ @ @ @ @ @ currently applicable 1995 red wolf rule did not permit additional releases of red wolves beyond the first 12 wolves that had been released in 1987 , ” attorneys for the Southern Environmental Law Center wrote in Monday ’ s complaint .
More than 100 wolves were released into the five-county Red Wolf Recovery Area between September 1987 and April 2014 .
The plaintiffs argue the federal agency did not specifically refer to any language in the 1995 rule that limits the number of wolves released .
They say the agency refuses to reinstate @ @ @ @ @ @ @ a federal judge in 2018 ruled that its red wolf conservation plan violates the Endangered Species Act .
“ Rather than resolving those violations , the agency has doubled down on its abandonment of those measures and invented a new , illegal policy that the USFWS claims does not permit it to release red wolves from the captive population into the wild , ” the plaintiff groups wrote in a statement .
“ The agency also now claims that its rules do not allow it to address hybridization with coyotes .
As a @ @ @ @ @ @ @ population of wild red wolves is now on the brink of extinction , ” the groups ’ statement added .
Hybridization with coyotes threatened the wolves ’ already fragile population and prompted the widespread sterilization of coyotes by the Fish and Wildlife Service starting around 2000 .
Environmental groups say this initiative has recently been abandoned .
“ We hope the USFWS will look closely at its red wolf conservation policies and enact the necessary changes that will make the survival of wild red wolves a priority , ” Red Wolf Coalition Executive @ @ @ @ @ @ @ .
Last month , the Fish and Wildlife Service reached a settlement with the Center for Biological Diversity in a separate lawsuit over the red wolf conservation policies .
Chief U.S. District Judge Terrence Boyle in the Eastern District of North Carolina gave the agency until the end of February 2023 to update its plan for saving the endangered species .

The U.S. Fish and Wildlife Service is facing a new challenge from red wolf advocates, who said in a federal lawsuit Monday that the agency is failing to conserve the critically endangered species.
RALEIGH, N.C. (CN) — The U.S. Fish and Wildlife Service is facing a new challenge from red wolf advocates, who said in a federal lawsuit Monday that the agency is failing to conserve the critically endangered species.
“Faced with a wild population of only seven known animals, the Fish and Wildlife Service is now claiming — without basis — that it’s not allowed to take proven, necessary measures to save the wild red wolves,” said Sierra Weaver, senior attorney at the Southern Environmental Law Center, in a statement.
The Southern Environmental Law Center filed the new complaint in the Eastern District of North Carolina on behalf of the Red Wolf Coalition, the Animal Welfare Institute and Defenders of Wildlife.
The trio says the Fish and Wildlife Service is violating the Endangered Species Act because its new policies “bar the use of proven management measures to save wild red wolves.”
“Under the U.S. Fish and Wildlife Service’s mismanagement, the world’s most endangered wolf has only moved closer to extinction,” Jason Rylander, senior endangered species counsel at Defenders of Wildlife, said in a statement.
The handful of red wolves remaining in the wild can be found exclusively in the eastern part of North Carolina.
To preserve the species, the agency’s 1986 “red wolf rule” originally authorized the reintroduction of captive red wolves into Dare County and the adjacent Tyrrell, Hyde, Washington and Beaufort Counties.
The rule was altered over time, but in 2018, the Fish and Wildlife Service proposed a controversial revision.
“In the preamble of this rule, the Service stated that the currently applicable 1995 red wolf rule did not permit additional releases of red wolves beyond the first 12 wolves that had been released in 1987,” attorneys for the Southern Environmental Law Center wrote in Monday’s complaint.
More than 100 wolves were released into the five-county Red Wolf Recovery Area between September 1987 and April 2014.
The plaintiffs argue the federal agency did not specifically refer to any language in the 1995 rule that limits the number of wolves released.
They say the agency refuses to reinstate the practice of reintroduction, even though a federal judge in 2018 ruled that its red wolf conservation plan violates the Endangered Species Act.
“Rather than resolving those violations, the agency has doubled down on its abandonment of those measures and invented a new, illegal policy that the USFWS claims does not permit it to release red wolves from the captive population into the wild,” the plaintiff groups wrote in a statement.
“The agency also now claims that its rules do not allow it to address hybridization with coyotes. As a result, the world’s only population of wild red wolves is now on the brink of extinction,” the groups’ statement added.
Hybridization with coyotes threatened the wolves’ already fragile population and prompted the widespread sterilization of coyotes by the Fish and Wildlife Service starting around 2000. Environmental groups say this initiative has recently been abandoned.
"We hope the USFWS will look closely at its red wolf conservation policies and enact the necessary changes that will make the survival of wild red wolves a priority,” Red Wolf Coalition Executive Director Kim Wheeler said in a statement.
Last month, the Fish and Wildlife Service reached a settlement with the Center for Biological Diversity in a separate lawsuit over the red wolf conservation policies.
Chief U.S. District Judge Terrence Boyle in the Eastern District of North Carolina gave the agency until the end of February 2023 to update its plan for saving the endangered species.


courthousenews--2020-11-17--Judge Questions ICE Detention Center’s Covid-19 Plan

SAN FRANCISCO ( CN ) — Three months after a Covid-19 outbreak infected more than half the detainees and a quarter of the staff at a privately run California detention center , a federal judge on Monday questioned why U.S. Immigration and Customs Enforcement has not enacted basic safety protocols to prevent another outbreak there .
“ Why , by now , would you not have a policy for Mesa Verde that says one dorm has to remain empty at all times ?
” U.S. District Judge Vince Chhabria asked , referring to the need to keep one dorm at @ @ @ @ @ @ @ who test positive for the virus .
In August , Chhabria ordered Immigration and Customs Enforcement and GEO Group , a private contractor that runs Mesa Verde , to conduct rapid Covid-19 testing for all detainees at the facility , which can house up to 400 detainees .
At that time , the judge rebuked ICE and GEO Group for avoiding widespread testing , “ not for lack of tests , but for fear that positive test results would require them to implement safety measures that they apparently felt were not worth the @ @ @ @ @ @ @ at 15 % capacity with 49 detainees after Chhabria released more than 100 detainees at Mesa Verde and Yuba County Jail in Marysville to reduce crowding in an effort to help prevent the spread of Covid-19 .
ICE is asking for the court to let a temporary restraining order against it expire so it can start accepting new detainees again without court oversight .
On day one of a multiday hearing to determine if Mesa Verde can safely resume operations without court intervention , Chhabria was taken aback by ICE ’ s plan @ @ @ @ @ @ @ keeping at least one dorm vacant to house Covid-19-positive detainees .
“ How could they be ready to deal with another outbreak at Mesa Verde if you don ’ t have a policy of requiring them to keep one dorm empty at all times ?
” Chhabria asked .
Moises Becerra , the acting ICE deputy field officer who has overseen Mesa Verde and other nearby detention centers since July 26 , responded with equivocations , such as “ that ’ s essentially what we ’ re working toward.
” “ I ’ @ @ @ @ @ @ @ ” the judge sighed .
Exasperated by the lack of clarity , Chhabria asked if it would “ ever make sense ” to place detainees in all four dorms knowing that means there would be no place to separate Covid-19-positive individuals .
“ No , ” Becerra finally answered , adding that ICE and GEO Group staff are still fine-tuning their pandemic response plan to potentially include a policy like that .
U.S. Justice Department lawyer Adrienne Zack , representing ICE , asked if the intake plan is set in stone .
“ @ @ @ @ @ @ @ document , ” Becerra answered .
“ CDC guidance is continuing to change.
” On cross examination , attorney Timothy Cook of Cooley LLP , representing a class of immigrant detainees , asked why in late July were people knowingly housed in a dorm with a Covid-19-positive individual and why those dormmates were not immediately tested for the virus .
Becerra explained that the facility only had 25 test kits at that time , and he had to request more .
Turning to Mesa Verde ’ s new intake policy , Becerra would @ @ @ @ @ @ @ stay isolated for at least 14 days after a new person is added to the quarantine unit .
The intake policy says the 14-day clock will restart if new people arrive in the unit between Monday and Friday of a certain week , but it does not say what will happen if new people are added to the unit the following week .
“ It sounds like you ’ re leaving open the possibility , ” Chhabria said .
Becerra said he briefed his staff about the need to not release people from @ @ @ @ @ @ @ it ’ s not in the plan.
” Earlier in the day , plaintiffs ’ lawyers played a video deposition in which Alexander Pham , an ICE officer in charge of overseeing Mesa Verde , answered , “ I don ’ t recall ” to every question he was asked .
Pham said he did not recall if ICE had any involvement in developing a Covid-19 testing plan for Mesa Verde in mid-May or why a plan to start testing all Mesa Verde detainees in June never materialized .
In June , Pham @ @ @ @ @ @ @ from facilities with positive Covid-19 cases were isolated 14 days before entering the general population at Mesa Verde .
It was also revealed earlier this month that Pham falsely stated the distance between bunk beds in Mesa Verde dorms was seven feet , when the actual distance was just over five feet , making it out of compliance with social distancing guidelines for preventing the spread of Covid-19 .
The multiday evidentiary hearing on Covid-19 safeguards at the Mesa Verde detention center is expected to continue through Friday .

Three months after a Covid-19 outbreak infected more than half the detainees and a quarter of the staff at a privately run California detention center, a federal judge on Monday questioned why U.S. Immigration and Customs Enforcement has not enacted basic safety protocols to prevent another outbreak there.
SAN FRANCISCO (CN) — Three months after a Covid-19 outbreak infected more than half the detainees and a quarter of the staff at a privately run California detention center, a federal judge on Monday questioned why U.S. Immigration and Customs Enforcement has not enacted basic safety protocols to prevent another outbreak there.
“Why, by now, would you not have a policy for Mesa Verde that says one dorm has to remain empty at all times?” U.S. District Judge Vince Chhabria asked, referring to the need to keep one dorm at the Bakersfield facility free to house detainees who test positive for the virus.
In August, Chhabria ordered Immigration and Customs Enforcement and GEO Group, a private contractor that runs Mesa Verde, to conduct rapid Covid-19 testing for all detainees at the facility, which can house up to 400 detainees. At that time, the judge rebuked ICE and GEO Group for avoiding widespread testing, “not for lack of tests, but for fear that positive test results would require them to implement safety measures that they apparently felt were not worth the trouble.”
Mesa Verde is now operating at 15% capacity with 49 detainees after Chhabria released more than 100 detainees at Mesa Verde and Yuba County Jail in Marysville to reduce crowding in an effort to help prevent the spread of Covid-19. ICE is asking for the court to let a temporary restraining order against it expire so it can start accepting new detainees again without court oversight.
On day one of a multiday hearing to determine if Mesa Verde can safely resume operations without court intervention, Chhabria was taken aback by ICE’s plan to start taking new arrivals there without keeping at least one dorm vacant to house Covid-19-positive detainees.
“How could they be ready to deal with another outbreak at Mesa Verde if you don’t have a policy of requiring them to keep one dorm empty at all times?” Chhabria asked.
Moises Becerra, the acting ICE deputy field officer who has overseen Mesa Verde and other nearby detention centers since July 26, responded with equivocations, such as “that’s essentially what we’re working toward.”
“I’m not really getting an answer,” the judge sighed.
Exasperated by the lack of clarity, Chhabria asked if it would “ever make sense” to place detainees in all four dorms knowing that means there would be no place to separate Covid-19-positive individuals.
“No,” Becerra finally answered, adding that ICE and GEO Group staff are still fine-tuning their pandemic response plan to potentially include a policy like that.
U.S. Justice Department lawyer Adrienne Zack, representing ICE, asked if the intake plan is set in stone.
“This intake plan is like a live document,” Becerra answered. “CDC guidance is continuing to change.”
On cross examination, attorney Timothy Cook of Cooley LLP, representing a class of immigrant detainees, asked why in late July were people knowingly housed in a dorm with a Covid-19-positive individual and why those dormmates were not immediately tested for the virus.
Becerra explained that the facility only had 25 test kits at that time, and he had to request more.
Turning to Mesa Verde’s new intake policy, Becerra would not unequivocally confirm that quarantined detainees will stay isolated for at least 14 days after a new person is added to the quarantine unit.
The intake policy says the 14-day clock will restart if new people arrive in the unit between Monday and Friday of a certain week, but it does not say what will happen if new people are added to the unit the following week.
“It sounds like you’re leaving open the possibility,” Chhabria said.
Becerra said he briefed his staff about the need to not release people from quarantine in that situation, “but it’s not in the plan.”
Earlier in the day, plaintiffs’ lawyers played a video deposition in which Alexander Pham, an ICE officer in charge of overseeing Mesa Verde, answered, “I don’t recall” to every question he was asked.
Pham said he did not recall if ICE had any involvement in developing a Covid-19 testing plan for Mesa Verde in mid-May or why a plan to start testing all Mesa Verde detainees in June never materialized.
In June, Pham admitted to falsely stating that new arrivals from facilities with positive Covid-19 cases were isolated 14 days before entering the general population at Mesa Verde. It was also revealed earlier this month that Pham falsely stated the distance between bunk beds in Mesa Verde dorms was seven feet, when the actual distance was just over five feet, making it out of compliance with social distancing guidelines for preventing the spread of Covid-19.
The multiday evidentiary hearing on Covid-19 safeguards at the Mesa Verde detention center is expected to continue through Friday.


courthousenews--2020-11-18--Judge Signs Off on $32.7 Million Settlement in Ghost Ship Warehouse Fire

OAKLAND , Calif. ( CN ) — A California judge on Tuesday approved a settlement that calls for the city of Oakland to pay $ 32.7 million to the families of 32 of the 36 people who died in a fire at a music party at the Ghost Ship warehouse in Oakland four years ago .
The ruling by Alameda County Superior Court Judge Brad Seligman resolves a number of civil lawsuits against the city claiming it failed to inspect and shut down the 10,000-square-foot warehouse , which had been illegally converted into an artists ’ collective for about 25 @ @ @ @ @ @ @ the building in the 1300 block of Oakland ’ s Fruitvale district wasn ’ t up to code , even though police officers and firefighters visited responded to the building repeatedly before the fire .
The plaintiffs also said the planning and building department received numerous reports of dangerous conditions there .
The warehouse was cluttered with flammable materials and debris , received its power from an adjacent building through an overloaded cable snaked through a hole in the wall , lacked overhead sprinklers and emergency exits and only had two rickey stairwells @ @ @ @ @ @ @ off before the party , according to the plaintiffs .
About 100 people were attending an electronic music concert on the warehouse ’ s second floor on Dec. 2 , 2016 , when a fire broke out , killing 36 people .
Most of the victims were there to attend the party but one warehouse resident was also killed .
The cause of the fire was never officially determined .
But Alameda County prosecutors said in the criminal trial of Ghost Ship master tenant Derick Almena and creative director Max Harris last year @ @ @ @ @ @ @ faulty electric equipment .
Families of 32 of the victims will receive $ 23.5 million under the approved settlement .
Sam Maxwell , who survived the fire but suffered horrible injuries , will receive $ 9.2 million .
Maxwell was in a coma for five weeks after the fire , spent four more months in the hospital and requires care around the clock and relies on his mother to interpret what he is saying , according to documents filed in the criminal case against Almena and Harris .
Almena faced 36 counts of @ @ @ @ @ @ @ they were negligent .
Using the services of a speech therapist so jurors could understand his words , Maxwell testified in the criminal trial he “ thought I was going to burn alive ” as he was trying to flee the building .
The lengthy criminal trial for Almena and Harris ended on Sept. 5 , 2019 , with jurors acquitting Harris of all charges and deadlocking 10-2 in favor of convicting Almena .
Prosecutors plan to try Almena a second time .
He ’ s scheduled to have a hearing on motions @ @ @ @ @ @ @ Jury selection is set to begin March 8 .
Last week the Oakland City Council approved an additional $ 399,000 settlement for 12 people who formerly lived at the warehouse .
The attorneys in the case didn ’ t respond to requests for comment on Judge Seligman ’ s approval of the settlement .

A California judge on Tuesday approved a settlement that calls for the city of Oakland to pay $32.7 million to the families of 32 of the 36 people who died in a fire at a music party at the Ghost Ship warehouse in Oakland four years ago.
OAKLAND, Calif.—An electrician who performed unpermitted work at the Ghost Ship warehouse will pay $1 million to the families of 33 of the 36 people who died in a fire at a music party at the warehouse under a settlement approved by a California judge.
Tuesday’s ruling by Alameda County Superior Court Judge Brad Seligman only affects electrician Benjamin Cannon, who was named as one of the defendants in litigation stemming from the deadly fire at the 10,000-square-foot warehouse, which had been illegally converted into an artists’ collective for about 25 people, in the deadly blaze on Dec. 2, 2016.
Mary Alexander, the lead liaison attorney for the plaintiffs, said on Wednesday that no objections have been lodged to that settlement and no additional hearings have been scheduled at this time.
Cannon’s settlement, which will be paid by his insurance company, is separate from the city of Oakland’s agreement this past July to pay $32.7 million to 32 of the family members who died in the blaze at the building in the 1300 block in Oakland’s Fruitvale district .
Alexander said the city’s settlement only affects the family members of 32 of the victims but the case against other defendants involves family members of 33 of the victims. She said one of the families joined the case too late to be involved in the city’s settlement.
According to the against the city of Oakland, the building wasn’t up to code, even though police officers and firefighters visited responded to the building repeatedly before the fire. The plaintiffs also said the planning and building department received numerous reports of dangerous conditions there.
The warehouse was cluttered with flammable materials and debris, received its power from an adjacent building through an overloaded cable snaked through a hole in the wall, lacked overhead sprinklers and emergency exits and only had two rickey stairwells — one of which had been blocked off before the party, according to the plaintiffs.
About 100 people attended an electronic music concert on the warehouse’s second floor on Dec. 2, 2016, when a fire broke out, killing 36 people. Most of the victims were there to attend the party but one warehouse resident was also killed.
The cause of the fire was never officially determined. But Alameda County prosecutors said in the criminal trial of Ghost Ship master tenant Derick Almena and creative director Max Harris last year that they believed it was caused by faulty electric equipment.
The city’s settlement calls for the families of 32 of the victims to receive $23.5 million. Sam Maxwell, who survived the fire but suffered horrible injuries, will receive $9.2 million.
The lengthy criminal trial for Almena and Harris ended on Sept. 5, 2019, with jurors acquitting Harris of all charges and deadlocking 10-2 in favor of convicting Almena.
Prosecutors plan to try Almena a second time. He’s scheduled to have a hearing on motions in his case on Feb. 5. Jury selection is set to begin March 8.
Last week the Oakland City Council approved an additional $399,000 settlement for 12 people who formerly lived at the warehouse.
Defense attorneys for Almena and Harris argued at trial that Cannon was one of several people who might be criminally liable for the fire.
Pacific Gas & Electric also was named as a defendant in the lawsuit but it recently reached a settlement with the 33 plaintiffs in a confidential agreement.
Alexander said the plaintiffs are still in discussions with Ghost Ship landlord Chor Ng and her two children, Kai and Eva, who managed the warehouse.


courthousenews--2020-11-18--SEC Investigation Into Ex-Informant Challenged in 11th Circuit

( CN ) — A New York attorney fought in the 11th Circuit Tuesday to bat away subpoenas issued to her in the Securities and Exchange Commission ’ s long-running investigation into her client , a former government informant who says he is being targeted despite helping the federal agency prosecute “ dozens of individuals.
” For more than three years , former informant Guy Gentile and his lawyer Carla Marin have declined to provide testimony in the SEC investigation , which is looking into whether Gentile ’ s Bahamian trading firm SureTrader aka Swiss America Securities failed to register @ @ @ @ @ @ @ .
The investigation was spawned at least in part from an old regulatory action brought against an outfit called Traders Cafe over its alleged misappropriation of investor funds .
Traders Cafe ’ s owners pleaded guilty to criminal charges in the matter in 2014 .
Gentile claims he had “ no relationship to Traders Cafe , other than the company having an account ” at his firm .
He has maintained that the subpoenas were issued “ solely for the purpose of harassment and to retaliate against [ him ] for stopping his @ @ @ @ @ @ @ the SEC .
Gentile became an informant after he was arrested for allegedly engaging in a stock pump-and-dump scheme dating back to 2008 .
Between 2012 and 2015 , he helped the SEC pursue multiple enforcement actions and issue millions of dollars in penalties , he claims .
Refusing to plead out on New Jersey charges related to the alleged pump-and-dump scheme , he secured a dismissal of the criminal case against him , a move he claims enraged SEC agents and prompted them to subject him to never-ending regulatory scrutiny .
He @ @ @ @ @ @ @ that chronicled his road to being an informant and featured him rapping the lyrics : “ The feds don ’ t know who they got , bro/I ’ m going rogue.
” During Tuesday ’ s hearing , a three-judge panel for the 11th Circuit took up an appeal that is challenging the subpoenas in the SEC ’ s pending investigation into Gentile .
The appeal seeks to overturn a district court decision to uphold the subpoenas , which request documents and deposition testimony from Marin , Gentile ’ s lawyer in Putnam @ @ @ @ @ @ @ Lorne Berkeley told the panel that the subpoenas were a fishing expedition straying from the SEC ’ s formal order of investigation , and that the lower court erred in finding otherwise .
Berkeley claimed the SEC order focused on “ Traders Cafe and whether their employees or officers violated the Securities Act ” — not on activity by Gentile and SureTrader .
The SEC countered that Traders Cafe held its master account with SureTrader , and that a “ direct trail of money ” between the entities justified the subpoenas .
“ @ @ @ @ @ @ @ that half of SureTrader ’ s clients were in the U.S. And as to Marin , U.S. customers ’ funds had been transferred from SureTrader and Gentile to a U.S. bank account held by MintCustody , which was owned by Ms. Marin , ” SEC attorney Matthew Ferguson told the panel .
Berkeley meanwhile attempted to convince the appellate panel that Marin ’ s Fifth Amendment rights to due process would be burdened if she were forced to comply with the subpoenas .
He suggested it would be unfair to “ haul [ @ @ @ @ @ @ @ , a state to which she has no connection , he said .
Senior U.S .
Circuit Judge Stanley Marcus appeared skeptical of the constitutional argument .
“ I ’ m hard pressed to see how even getting on a plane in Westchester County or in Kennedy or LaGuardia and flying 2 hours … to Miami International Airport creates a constitutionally significant inconvenience , ” said Marcus , a Bill Clinton appointee .
The Securities and Exchange Commission noted that it once gave Marin the opportunity to give testimony in New York but @ @ @ @ @ @ @ also concerns a second set of subpoenas issued to an entity called Mintrade Technology , which the SEC says has ties to Gentile .
Berkeley told the panel Tuesday , among other arguments , that Mintrade Technology was deprived of an evidentiary hearing in lower court proceedings over the subpoenas .

A New York attorney fought in the 11th Circuit Tuesday to bat away subpoenas issued to her in the Securities and Exchange Commission's long-running investigation into her client, a former government informant who says he is being targeted despite helping the federal agency prosecute "dozens of individuals."
(CN) — A New York attorney fought in the 11th Circuit Tuesday to bat away subpoenas issued to her in the Securities and Exchange Commission's long-running investigation into her client, a former government informant who says he is being targeted despite helping the federal agency prosecute "dozens of individuals."
For more than three years, former informant Guy Gentile and his lawyer Carla Marin have declined to provide testimony in the SEC investigation, which is looking into whether Gentile's Bahamian trading firm SureTrader aka Swiss America Securities failed to register in the U.S. before soliciting customers stateside.
(Via guygentile.com)
The investigation was spawned at least in part from an old regulatory action brought against an outfit called Traders Cafe over its alleged misappropriation of investor funds. Traders Cafe's owners pleaded guilty to criminal charges in the matter in 2014.
Gentile claims he had "no relationship to Traders Cafe, other than the company having an account" at his firm. He has maintained that the subpoenas were issued "solely for the purpose of harassment and to retaliate against [him] for stopping his full-time cooperation" as an informant with the SEC.
Gentile became an informant after he was arrested for allegedly engaging in a stock pump-and-dump scheme dating back to 2008.
Between 2012 and 2015, he helped the SEC pursue multiple enforcement actions and issue millions of dollars in penalties, he claims. Refusing to plead out on New Jersey charges related to the alleged pump-and-dump scheme, he secured a dismissal of the criminal case against him, a move he claims enraged SEC agents and prompted them to subject him to never-ending regulatory scrutiny.
He once made headlines in a Bloomberg profile that chronicled his road to being an informant and featured him rapping the lyrics: "The feds don’t know who they got, bro/I’m going rogue.”
During Tuesday's hearing, a three-judge panel for the 11th Circuit took up an appeal that is challenging the subpoenas in the SEC's pending investigation into Gentile. The appeal seeks to overturn a district court decision to uphold the subpoenas, which request documents and deposition testimony from Marin, Gentile's lawyer in Putnam County, New York.
Appellate counsel Lorne Berkeley told the panel that the subpoenas were a fishing expedition straying from the SEC's formal order of investigation, and that the lower court erred in finding otherwise.
Berkeley claimed the SEC order focused on "Traders Cafe and whether their employees or officers violated the Securities Act" — not on activity by Gentile and SureTrader.
The SEC countered that Traders Cafe held its master account with SureTrader, and that a "direct trail of money" between the entities justified the subpoenas.
"The evidence showed and the commission explained that half of SureTrader's clients were in the U.S. And as to Marin, U.S. customers' funds had been transferred from SureTrader and Gentile to a U.S. bank account held by MintCustody, which was owned by Ms. Marin," SEC attorney Matthew Ferguson told the panel.
Berkeley meanwhile attempted to convince the appellate panel that Marin's Fifth Amendment rights to due process would be burdened if she were forced to comply with the subpoenas. He suggested it would be unfair to "haul [Marin] into court" in Florida, a state to which she has no connection, he said.
Senior U.S. Circuit Judge Stanley Marcus appeared skeptical of the constitutional argument.
"I'm hard pressed to see how even getting on a plane in Westchester County or in Kennedy or LaGuardia and flying 2 hours ... to Miami International Airport creates a constitutionally significant inconvenience," said Marcus, a Bill Clinton appointee.
The Securities and Exchange Commission noted that it once gave Marin the opportunity to give testimony in New York but she did not oblige.
The appeal also concerns a second set of subpoenas issued to an entity called Mintrade Technology, which the SEC says has ties to Gentile. Berkeley told the panel Tuesday, among other arguments, that Mintrade Technology was deprived of an evidentiary hearing in lower court proceedings over the subpoenas.


courthousenews--2020-11-18--Trump Fires Homeland Security Official Who Said Election Was Secure

( CN ) — President Donald Trump has fired a top Homeland Security cybersecurity official days after the agency said it found no evidence that votes were compromised or lost in the presidential election .
In a pair of tweets , the president said Christopher Krebs had distributed “ inaccurate ” information about the safety of the 2020 general election .
“ The recent statement by Chris Krebs on the security of the 2020 Election was highly inaccurate , in that there were massive improprieties and fraud — including dead people voting , Poll Watchers not allowed into polling locations @ @ @ @ @ @ @ machines which changed votes from Trump to Biden , late voting , and many more , ” Trump tweeted .
Krebs , who led the Cybersecurity and Infrastructure Security Agency , which spearheaded federal election protection efforts , has been vocal about his confidence that the Nov. 3 election was safe and fair .
California congressman Adam Schiff , chair of the House Permanent Select Committee on Intelligence , said in a statement Tuesday that Krebs and other officials safeguarded elections and provided vital support throughout the country .
“ Instead of rewarding @ @ @ @ @ @ @ retaliating against director Krebs and other officials who did their duty , ” Schiff said .
“ It ’ s pathetic , but sadly predictable that upholding and protecting our democratic processes would be cause for firing .
I want to thank director Krebs and all of the CISA for their service in defending the integrity of our elections , and for rejecting the misinformation and disinformation , even when it was being spread by the president and his allies .
”

President Donald Trump has fired a top Homeland Security cybersecurity official days after the agency said it found no evidence that votes were compromised or lost in the presidential election.
(CN) — President Donald Trump has fired a top Homeland Security cybersecurity official days after the agency said it found no evidence that votes were compromised or lost in the presidential election.
In a pair of tweets, the president — who has fomented unsubstantiated claims of widespread election fraud and claims he won the election — said Christopher Krebs had distributed “inaccurate” information about the safety of the 2020 presidential race.
“The recent statement by Chris Krebs on the security of the 2020 Election was highly inaccurate, in that there were massive improprieties and fraud — including dead people voting, Poll Watchers not allowed into polling locations, “glitches” in the voting machines which changed votes from Trump to Biden, late voting, and many more,” Trump tweeted.
Krebs, who led the Cybersecurity and Infrastructure Security Agency, which spearheaded federal election protection efforts, has been vocal about his confidence that the Nov. 3 election was safe and fair.
Krebs, who led the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA), which spearheaded federal election protection efforts, has been vocal about his confidence that the Nov. 3 election was safe and fair.
A statement by federal and state election officials that CISA distributed last week said the integrity of U.S. elections was strong and that the general election was the most secure in American history. They said they found no evidence voting systems had changed, lost or deleted votes and that any mistakes could be corrected since states’ paper ballot systems allowed for easy recounting.
The statement from officials was a standout repudiation of claims advanced by the president’s reelection campaign, including that widespread fraud impacted overall vote totals in favor of President-elect Joe Biden.
Trump’s campaign has also filed lawsuits in multiple states claiming issues with vote-by-mail ballots being counted too late, problems with voter signatures and claims of people unlawfully voting.
In Pennsylvania on Tuesday, Trump’s personal lawyer Rudy Giuliani sought to pause certification of election results, arguing that officials unfairly reviewed votes depending on whether they were cast in person or by mail.
Biden beat Trump by roughly 74,000 votes in the Keystone State. To trigger a recount, Trump’s campaign would have to find enough votes to bring the president within 0.5% of Biden’s margin of 49.9% votes to Trump’s 48.8%.
Many of the lawsuits filed by Trump’s campaign have already been dismissed, some within hours of being filed.
Trump’s unsupported claims of voter fraud has also pitted Republican election officials across the U.S. against GOP lawmakers who question election results.
In Georgia, both U.S. senators — who face close runoffs in January against Democrats that could determine control of the Senate — have called on Secretary of State Brad Raffensperger, a fellow Republican, to resign over unsupported claims of election mismanagement.
Trump administration cabinet members including Vice President Mike Pence and Secretary of State Mike Pompeo have said the president has a right to pursue legal action and that the election is far from being finalized.
California congressman Adam Schiff, chair of the House Permanent Select Committee on Intelligence, said in a statement Tuesday that Krebs and other officials safeguarded elections and provided vital support throughout the country.
“Instead of rewarding this great service, President Trump is retaliating against director Krebs and other officials who did their duty,” Schiff said. “It’s pathetic, but sadly predictable that upholding and protecting our democratic processes would be cause for firing. I want to thank director Krebs and all of the CISA for their service in defending the integrity of our elections, and for rejecting the misinformation and disinformation, even when it was being spread by the president and his allies.”
Tweeting from his personal Twitter account on Tuesday evening, Krebs defended his work at CISA, less than an hour after Trump fired him.
“Honored to serve,” Krebs tweeted. “We did it right. Defend Today, Secure Tomorrow.”


courthousenews--2020-11-18--California, Oregon, Tribes Join Plan to Restore Klamath River

( CN ) — Bolstering a bid to revive salmon populations that once sustained Native American tribes for thousands of years , California and Oregon agreed Tuesday to help fund a series of long-awaited dam removals on the Klamath River .
With the addition of the states as partners in the demolition of four dams on the river that stretches from Oregon into Northern California , supporters say the plan now has the financial clout needed to gain federal approval .
If things go as planned , the largest such dam demolition in U.S. history could begin as soon as @ @ @ @ @ @ @ tribes and environmentalists called Tuesday ’ s agreement a historic step in the decades-long effort to restore salmon to the majestic river .
“ This dam removal is more than just a concrete project coming down , it ’ s a new day and new era for California tribes , ” said Yurok Tribe chair Joseph James in a virtual signing ceremony .
“ We are connected with our hearts and prayers to these creeks , lands , animals , and our way of life will thrive with these dams being out.
” @ @ @ @ @ @ @ to an application with the Federal Energy Regulatory Commission , the federal agency in charge of licensing hydroelectric projects .
The application will transfer ownership of the four dams from the Berkshire Hathaway-owned PacifiCorp to another private entity called Klamath River Renewal Corporation , which in partnership with the states of California and Oregon , will remove the dams to allow salmon to run again .
“ This is the largest river restoration project in the history of this country , ” said California Governor Gavin Newsom .
“ It will restore what @ @ @ @ @ @ @ 400 miles of habitat.
” The Klamath River is a 257-mile body of water that winds its way through frequently spectacular terrain belonging both to California and Oregon , spanning the high desert of eastern Oregon to the coastal forests of California .
The river at times demarcates the border between the two states .
It is the second-largest river and the most important river south of the Columbia River , which separates Oregon from Washington , in terms of providing habitat for anadromous fish .
Anadromous fish , such as salmon or @ @ @ @ @ @ @ rivers , swim to the ocean where they spend the majority of their lives , before returning to the freshwater streams of their births where they spawn and die .
Native Americans have inhabited the Klamath River Basin for approximately 7,000 years and relied on the large salmon runs for sustenance and various cultural practices .
Beginning in the early 20th century , the Klamath Reclamation Project and other private entities began to construct dams on the river , both to regulate the flow , divert water to agricultural operations in southern Oregon @ @ @ @ @ @ @ against periodic droughts .
Six dams were constructed between 1908 and 1962 .
The construction of the dams not only limited the historic salmon runs that were a feature of the habitat for thousands of years but also led to water quality problems at farther down the river .
The Yurok , Hupa and Kurok tribes , indigenous to the lower end of the Klamath River Basin , have repeatedly claimed the dams were hurting the river , the fish and its culture , suing multiple times in court .
Their long fight @ @ @ @ @ @ @ where all five parties — California , Oregon , PacifiCorp , Klamath River Renewal Corporation and the tribes — detailed the next steps .
“ It was a long road and there is a long road to go , ” James said .
The federal permit submitted to FERC on Tuesday must be resubmitted again in January 2021 before the ownership transfer can be fully completed .
Once completed , the parties can begin the planning phase with an eye toward the removal of the four dams beginning sometime in 2023 .
“ @ @ @ @ @ @ @ the health of the river , ” said Oregon Governor Kate Brown .
The river has long been ideal habitat for chinook salmon , rainbow trout and Coho salmon , but the construction of dams in the 1960s and the outflow of nitrogen , phosphorus and other nutrients from farms made the lower river less and less tenable for a healthy fish population .
The dams not only restricted the length of the salmon run and the number of tributaries they could use , but also hampered their ability to use the lower @ @ @ @ @ @ @ 34,000 salmon died at once due to degraded water quality conditions , low flow and poor river management .
The event prompted area tribes toward a concerted effort to remove the dams .
The total cost for dam removal is estimated to be $ 800 million , with PacifiCorp ratepayers footing a portion of the bill and the state of California responsible for the rest .
Tuesday ’ s signing of the agreement was hailed by environmentalists .
“ It ’ s great to see the project continuing to move forward , ” @ @ @ @ @ @ @ California Trout .
“ It ’ s been 100-plus years since Klamath salmon , which tribal communities depend upon , had access to the upper basin .
This latest agreement all but paves the way for the largest river restoration project in U.S. history to finally be completed .
”

Bolstering a bid to revive salmon populations that once sustained Native American tribes for thousands of years, California and Oregon agreed Tuesday to help fund a series of long-awaited dam removals on the Klamath River.
(CN) — Bolstering a bid to revive salmon populations that once sustained Native American tribes for thousands of years, California and Oregon agreed Tuesday to help fund a series of long-awaited dam removals on the Klamath River.
With the addition of the states as partners in the demolition of four dams on the river that stretches from Oregon into Northern California, supporters say the plan now has the financial clout needed to gain federal approval. If things go as planned, the largest such dam demolition in U.S. history could begin as soon as 2023.
The coalition of states, tribes and environmentalists called Tuesday’s agreement a historic step in the decades-long effort to restore salmon to the majestic river.
“This dam removal is more than just a concrete project coming down, it’s a new day and new era for California tribes,” said Yurok Tribe chair Joseph James in a virtual signing ceremony. “We are connected with our hearts and prayers to these creeks, lands, animals, and our way of life will thrive with these dams being out.”
The memorandum of agreement was unveiled simultaneously to an application with the Federal Energy Regulatory Commission, the federal agency in charge of licensing hydroelectric projects.
The application will transfer ownership of the four dams from the Berkshire Hathaway-owned PacifiCorp to another private entity called Klamath River Renewal Corporation, which in partnership with the states of California and Oregon, will remove the dams to allow salmon to run again.
“This is the largest river restoration project in the history of this country,” said California Governor Gavin Newsom. “It will restore what once was the third-largest salmon run — 400 miles of habitat.”
The Klamath River is a 257-mile body of water that winds its way through frequently spectacular terrain belonging both to California and Oregon, spanning the high desert of eastern Oregon to the coastal forests of California. The river at times demarcates the border between the two states.
It is the second-largest river and the most important river south of the Columbia River, which separates Oregon from Washington, in terms of providing habitat for anadromous fish. Anadromous fish, such as salmon or steelhead trout, are born in freshwater rivers, swim to the ocean where they spend the majority of their lives, before returning to the freshwater streams of their births where they spawn and die.
Native Americans have inhabited the Klamath River Basin for approximately 7,000 years and relied on the large salmon runs for sustenance and various cultural practices.
Beginning in the early 20th century, the Klamath Reclamation Project and other private entities began to construct dams on the river, both to regulate the flow, divert water to agricultural operations in southern Oregon and Northern California and store up water against periodic droughts. Six dams were constructed between 1908 and 1962.
The construction of the dams not only limited the historic salmon runs that were a feature of the habitat for thousands of years but also led to water quality problems at farther down the river.
The Yurok, Hupa and Kurok tribes, indigenous to the lower end of the Klamath River Basin, have repeatedly claimed the dams were hurting the river, the fish and its culture, suing multiple times in court.
Their long fight culminated in Tuesday’s press conference where all five parties — California, Oregon, PacifiCorp, Klamath River Renewal Corporation and the tribes — detailed the next steps.
“It was a long road and there is a long road to go,” James said.
The federal permit submitted to FERC on Tuesday must be resubmitted again in January 2021 before the ownership transfer can be fully completed.
Once completed, the parties can begin the planning phase with an eye toward the removal of the four dams beginning sometime in 2023.
“This is a step forward to restoring the health of the river,” said Oregon Governor Kate Brown.
The river has long been ideal habitat for chinook salmon, rainbow trout and Coho salmon, but the construction of dams in the 1960s and the outflow of nitrogen, phosphorus and other nutrients from farms made the lower river less and less tenable for a healthy fish population.
The dams not only restricted the length of the salmon run and the number of tributaries they could use, but also hampered their ability to use the lower river.
In 2002, more than 34,000 salmon died at once due to degraded water quality conditions, low flow and poor river management. The event prompted area tribes toward a concerted effort to remove the dams.
The total cost for dam removal is estimated to be $450 million, with PacifiCorp ratepayers footing a portion of the bill and the state of California responsible for the rest.
Tuesday’s signing of the agreement was hailed by environmentalists.
“It’s great to see the project continuing to move forward,” said Curtis Knight, executive director of California Trout. “It’s been 100-plus years since Klamath salmon, which tribal communities depend upon, had access to the upper basin. This latest agreement all but paves the way for the largest river restoration project in U.S. history to finally be completed.”


Election Aftermath, Nevada

CARSON CITY , Nev. — Electoral College candidates from Nevada who are pledged to President Donald Trump filed a court @ @ @ @ @ s results , claiming the vote-counting machines used in Clark County — the state ’ @ @ @ @ @ — are unreliable , among other issues .


Top Eight

Your Tuesday night briefing from the staff of Courthouse News Top eight CNS stories for today including the Pennsylvania Supreme Court ruled 5-2 that Philadelphia followed state law with its protocol for letting election observers watch ballot counting ; President-elect Joe Biden announced additions to his administration ; California is clearly failing in its fight to cure a much-ballyhooed housing crisis , 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 . )
Handing a loss to the Trump @ @ @ @ @ @ @ 5-2 Tuesday that Philadelphia followed state law with its protocol for letting election observers watch ballot counting .
2 . )
President-elect Joe Biden announced additions to his administration Tuesday morning as his transition team filled senior positions with veterans from his presidential campaign .
3 . )
Nearly two weeks after bringing a superseding indictment in an already massive doping prosecution of racehorse trainers and veterinarians , federal prosecutors told a judge Tuesday more charges and more defendants could be in store .
4 . )
Faced with unrelenting homelessness and cost-of-living @ @ @ @ @ @ @ home costs nearly $ 600,000 , California is clearly failing in its fight to cure a much-ballyhooed housing crisis .
5 . )
Montana started out as a poster child for the novel coronavirus , with super-low positivity rates and an unburdened health care system .
Then the restrictions were lifted .
6 . )
An attorney for California residents who were denied permits to protest coronavirus public health orders at the state capitol told a Ninth Circuit panel Tuesday his clients ’ appeal isn ’ t moot just because the protest ban @ @ @ @ @ @ @ The high-profile prosecution of a decades-old Wisconsin murder case was resurrected by the state high court on Tuesday as the justices scrutinized whether a dead wife ’ s letter blaming her husband for her murder can be used as evidence against him .
8 . )
Shortly after the Pentagon announced a U.S. troop withdrawal from Afghanistan and Iraq , the Iraqi military reported on Tuesday that four rockets struck near the U.S. Embassy in Baghdad .

Top eight CNS stories for today including the Pennsylvania Supreme Court ruled 5-2 that Philadelphia followed state law with its protocol for letting election observers watch ballot counting; President-elect Joe Biden announced additions to his administration; California is clearly failing in its fight to cure a much-ballyhooed housing crisis, and more.
Your Tuesday night briefing from the staff of Courthouse News
Top eight CNS stories for today including the Pennsylvania Supreme Court ruled 5-2 that Philadelphia followed state law with its protocol for letting election observers watch ballot counting; President-elect Joe Biden announced additions to his administration; California is clearly failing in its fight to cure a much-ballyhooed housing crisis, 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.) Handing a loss to the Trump campaign, the Pennsylvania Supreme Court ruled 5-2 Tuesday that Philadelphia followed state law with its protocol for letting election observers watch ballot counting.
Workers prepare mail-in ballots for counting at the convention center in Lancaster, Pa., on Nov. 4, 2020. (AP Photo/Julio Cortez)
2.) President-elect Joe Biden announced additions to his administration Tuesday morning as his transition team filled senior positions with veterans from his presidential campaign.
Democratic presidential candidate former Vice President Joe Biden arrives with his running mate Sen. Kamala Harris, D-Calif., to speak Friday, Nov. 6, 2020, in Wilmington, Del. (AP Photo/Carolyn Kaster)
3.) Nearly two weeks after bringing a superseding indictment in an already massive doping prosecution of racehorse trainers and veterinarians, federal prosecutors told a judge Tuesday more charges and more defendants could be in store.
FILE - In this April 7, 2018, file photo, Justify, ridden by Mike Smith, gallops past Bolt d'Oro, left, with jockey Javier Castellano, during the Santa Anita Derby horse race at Santa Anita in Arcadia, Calif. Justify won the race, and Bolt d'Oro came in second. The New York Times says Justify won the 2018 Triple Crown after a failed postrace drug test at Santa Anita that could have kept the horse out of the Kentucky Derby. The newspaper reported Wednesday, Sept. 11, 2019, that Bob Baffert-trained Justify tested positive for the drug scopolamine after winning the Santa Anita Derby. Justify went on to win the Derby and took the Preakness and Belmont stakes to complete the Triple Crown. (AP Photo/Jae C. Hong, File)
Regional
4.) Faced with unrelenting homelessness and cost-of-living problems in a state where the average home costs nearly $600,000, California is clearly failing in its fight to cure a much-ballyhooed housing crisis.
In this Monday, Sept. 3, 2018, photo, three men play basketball at a park in front of newly built homes in Salinas, Calif. Salinas is an affordable location compared to Silicon Valley, where median home prices are about $1 million, but with a less-wealthy population and a median home price that has ballooned to about $550,000 it's one of the least affordable places in America. (AP Photo/Jae C. Hong)
5.) Montana started out as a poster child for the novel coronavirus, with super-low positivity rates and an unburdened health care system. Then the restrictions were lifted.
Sykes Market in Kalispell, Montana, is one of five businesses sued by the Montana Department of Health and Human Services to force compliance with Gov. Steve Bullock’s mask mandate. A state court judge denied the state's request for an injunction, finding no evidence the businesses were at fault. (Courthouse News photo / David Reese)
6.) An attorney for California residents who were denied permits to protest coronavirus public health orders at the state capitol told a Ninth Circuit panel Tuesday his clients’ appeal isn’t moot just because the protest ban has been lifted.
The California Capitol building in Sacramento. (William Dotinga/Courthouse News)
7.) The high-profile prosecution of a decades-old Wisconsin murder case was resurrected by the state high court on Tuesday as the justices scrutinized whether a dead wife’s letter blaming her husband for her murder can be used as evidence against him.
The Wisconsin Supreme Court room at the state Capitol building. (Photo via Royalbroil/Wikipedia)
International
8.) Shortly after the Pentagon announced a U.S. troop withdrawal from Afghanistan and Iraq, the Iraqi military reported on Tuesday that four rockets struck near the U.S. Embassy in Baghdad.


courthousenews--2020-11-18--Bench Trial Over Missouri Public Defender Waiting Lists Kicks Off

ROLLA , Mo .
( CN ) — Missouri ’ s practice of placing poor criminal defendants on a wait list for a public defender was the best option among bad choices in balancing right to counsel with overwhelming caseloads , the former director of the state ’ s public defender office testified Tuesday in a trial challenging the system .
The American Civil Liberties Union accused the Missouri State Public Defender ’ s Office and state judges of “ systematically placing ” indigent defendants on waiting lists for legal representation in a lawsuit filed in Cole County in February @ @ @ @ @ @ @ William Hickle in Phelps County , whom the Missouri Supreme Court assigned to the case , remotely via WebEx .
It was the opening day of the bench trial , which is scheduled to last three days .
Michael Barrett , the former head of the public defender ’ s office until 2019 , was the ACLU ’ s lone witness .
“ You have so many cases , only so much time in the day , there ’ s only so many resources and when you have too many cases , you @ @ @ @ @ @ @ do what ’ s necessary , despite your skill level and your dedication , to effectively represent the sheer number of clients that I ’ ve been assigned to , ” Barrett testified .
“ We refer to it as a concurrent conflict of interest , when you have so many cases that impact your ability to provide effective representation for any client.
” Barrett referred to a 2014 study of Missouri ’ s public defender system , which found the system needed at least 100 more attorneys to meet the state ’ @ @ @ @ @ @ @ , deputy director of the ACLU ’ s criminal law reform project based in New York , was met with objection from state ’ s attorney Emily Dodge as he tried to enter the study into evidence .
Dodge argued that the study was hearsay and Hickle agreed .
The latter part of Barrett ’ s testimony focused on a 2017 attorney discipline matter , which led to the statewide use of waiting lists .
The attorney was disciplined for missing client deadlines , not because of gross negligence but due to an @ @ @ @ @ @ @ public defender ’ s office to look at ways to balance providing poor defendants with representation versus acceptable caseloads that allow public defenders to represent their clients in good faith .
“ My concern was that it was going to greatly increase our turnover in the public defender system , because it would make the job that they have , the assistant public defenders have , often impossible to practice within the rules of professional conduct , given their existing caseloads , ” Barrett said .
“ And that would of course undermine @ @ @ @ @ @ @ crimes.
” The state called Mary Fox , the current director of the state ’ s public defender system , as its first witness .
Fox testified there were between 5,000 and 6,000 individuals on the waiting list when she took over a year ago , about 900 of those in custody .
Today she said there are less than 2,500 and everyone in custody has representation .
Fox said the Covid-19 pandemic created a need to get representation to those in custody , who were especially susceptible to contracting the virus .
@ @ @ @ @ @ @ up resources and money from courts going virtual , which allowed her office to reallocate funds to contract some of the cases to representation outside of the public defender system .
She said the wait list is essential to provide effective representation .
“ They only have the wait list because the court has said to them , we agree with you that you have more cases that you can effectively handle , ” Fox said .
“ Therefore , as a triage … we will allow you to have a wait list @ @ @ @ @ @ @ , our ethical obligations begin immediately , and we can not start to provide those ethical obligations if we have too many cases.
” Fox testified that her office has reallocated attorneys and resources to assist areas where the wait lists are the longest .
Under cross-examination , Fox testified some individuals were on the waiting list for up to 18 months before receiving counsel .
She also said that while the number of applications requesting a public defender dipped in April and May , during the initial wave of the Covid-19 pandemic @ @ @ @ @ @ @ and she expects the need to continue to rise .
At the end of Fox ’ s testimony , Hickle asked her when she believes the critical stages of criminal representation occurs , specifically in regarding to whether an attorney should be present at a bond hearing .
“ I think counsel always helps the accused , ” Fox answered , “ but I think the way the current bail rules are written , that initial bail conversation that occurs at that 48-hour hearing , the Supreme Court even contemplated that that would @ @ @ @ @ @ @ that there were very specific guidelines for the court in determining how to set bail , and how to set conditions of release.
” The trial opened with brief opening statements from each side .
“ This is a simple case , ” Williamson began .
“ In short , this is about the fundamental right to counsel and due process to counsel process under the Missouri Constitution and whether the state can deprive thousands of indigent criminal defendants of that essential right by placing them on a waiting list for months at @ @ @ @ @ @ @ defender ’ s office struggles to identify attorneys with the capacity to provide representation.
” Williamson pointed out this case isn ’ t an indictment on the public defenders ’ work on behalf of their clients — nor about the work done to shorten the waiting list .
“ This case about the extent to which state court judges have worked with MSPD to identify potential alternative solutions to longstanding and seemingly intractable problem , ” Williamson said .
“ While petitioners are encouraged by these efforts , they do not negate the @ @ @ @ @ @ @ placed on a waiting list in the first instance and thousands remain on that list indefinitely , as we speak.
” Jason Lewis , of the Missouri attorney general ’ s office , highlighted the state ’ s efforts under Fox ’ s watch to shorten the waiting list and — as a result — the time by defendants spent on the list .
He pointed out that the eight named plaintiffs on the petition that led to the trial have since been assigned counsel and a couple were found ineligible to receive @ @ @ @ @ @ @ currently on the waiting list are not being deprived counsel during critical stages of their proceedings , ” Lewis said .
He said the state will show evidence that judges and counsel work closely together throughout the state to insure that counsel is assigned to defendants within a reasonable time and that the wait list is one way to “ triage ” the system .
Lewis said Fox has instructed her directors to check the status of the wait list once a month to make sure cases are being assigned and reviewed regularly @ @ @ @ @ @ @ a reasonable time , ” Lewis said .
“ The question here is , ‘ What is a reasonable time ?
’ ” State law allows presiding judges to place cases on a waiting list for defendant services if a public defender shows that they are unable to provide effective counsel due to an excessive caseload .
The judges are to consider circumstances such as the seriousness of the case , the incarceration status of the defendant and any other special circumstances when considering placing the defendant on a waiting list .
The @ @ @ @ @ @ @ an increasing caseload that has caused a staffing crisis , leading to public defenders “ typically operating at more than double the maximum workload capacity than would allow for the consistent provision of constitutionally adequate representation to their clients.
” The complaint states that there were 4,600 individuals on the public defender waiting list as of January , with 600 of them incarcerated .
A rise in felony cases has also exacerbated the situation , according to a report in the Columbia Missourian , and Missouri is just one of a number of @ @ @ @ @ @ @ .
This past July , Hickle found that the plaintiffs met the requirements for class certification following a June hearing .

Missouri’s practice of placing poor criminal defendants on a wait list for a public defender was the best option among bad choices in balancing right to counsel with overwhelming caseloads, the former director of the state’s public defender office testified Tuesday in a trial challenging the system.
ROLLA, Mo. (CN) — Missouri’s practice of placing poor criminal defendants on a wait list for a public defender was the best option among bad choices in balancing right to counsel with overwhelming caseloads, the former director of the state’s public defender office testified Tuesday in a trial challenging the system.
The American Civil Liberties Union accused the Missouri State Public Defender’s Office and state judges of “systematically placing” indigent defendants on waiting lists for legal representation in a lawsuit filed in Cole County in February.
The trial took place before Judge William Hickle in Phelps County, whom the Missouri Supreme Court assigned to the case, remotely via WebEx. It was the opening day of the bench trial, which is scheduled to last three days.
Michael Barrett, the former head of the public defender’s office until 2019, was the ACLU’s lone witness.
“You have so many cases, only so much time in the day, there's only so many resources and when you have too many cases, you don't have the time to do what's necessary, despite your skill level and your dedication, to effectively represent the sheer number of clients that I've been assigned to,” Barrett testified. “We refer to it as a concurrent conflict of interest, when you have so many cases that impact your ability to provide effective representation for any client.”
Barrett referred to a 2014 study of Missouri’s public defender system, which found the system needed at least 100 more attorneys to meet the state’s public defender needs.
Jason Williamson, deputy director of the ACLU’s criminal law reform project based in New York, was met with objection from state’s attorney Emily Dodge as he tried to enter the study into evidence. Dodge argued that the study was hearsay and Hickle agreed.
The latter part of Barrett’s testimony focused on a 2017 attorney discipline matter, which led to the statewide use of waiting lists. The attorney was disciplined for missing client deadlines, not because of gross negligence but due to an overwhelming caseload.
The ruling forced the public defender’s office to look at ways to balance providing poor defendants with representation versus acceptable caseloads that allow public defenders to represent their clients in good faith.
“My concern was that it was going to greatly increase our turnover in the public defender system, because it would make the job that they have, the assistant public defenders have, often impossible to practice within the rules of professional conduct, given their existing caseloads,” Barrett said. “And that would of course undermine my obligation to provide attorneys to indigent crimes.”
The state called Mary Fox, the current director of the state’s public defender system, as its first witness.
Fox testified there were between 5,000 and 6,000 individuals on the waiting list when she took over a year ago, about 900 of those in custody. Today she said there are less than 2,500 and everyone in custody has representation.
Fox said the Covid-19 pandemic created a need to get representation to those in custody, who were especially susceptible to contracting the virus. It also created new opportunities, freeing up resources and money from courts going virtual, which allowed her office to reallocate funds to contract some of the cases to representation outside of the public defender system.
She said the wait list is essential to provide effective representation.
“They only have the wait list because the court has said to them, we agree with you that you have more cases that you can effectively handle,” Fox said. “Therefore, as a triage … we will allow you to have a wait list. Once we enter into a case, our ethical obligations begin immediately, and we cannot start to provide those ethical obligations if we have too many cases.”