courthousenews--2020-07-11--Virginia Judge at Heart of Monument Takedown Fight Linked to College Op-Ed Blasting Desegregation

RICHMOND , Va. ( CN ) — Four decades ago , a young man wrote an opinion piece critical of school desegregation and instant voter registration for his college newspaper .
That op-ed resurfaced Friday , and Virginians discovered the author is now a Richmond judge who in recent weeks blocked the removal of Confederate monuments during the nationwide re-examination of symbols still tied to the institution of slavery .
Elected officials spent the day condemning the piece written by Brad Cavedo in The Collegian , the University of Richmond ’ s newspaper , in 1977 .
“ This is @ @ @ @ @ @ @ Bagby ( D-74 ) , in a tweet which included a screengrab of the op-ed .
Bagby also chairs the state ’ s Legislative Black Caucus .
In “ What does U.S. Life Offer Me ?
” Cavedo — at the time the editor of The Collegian ’ s editorial section — wrote about his desire to leave the United States after graduation .
“ I will be leaving the solicitous paternalism of the federal courts , which among other things nearly wrecked my high school education by instituting a massive busing plan @ @ @ @ @ @ @ and life than most people could imagine , ” he wrote .
A spokesperson for the university confirmed the Cavedo listed in the paper is now a judge on the Richmond City Circuit Court .
Virginia ’ s history with desegregation is one of its darkest points .
Known as Massive Resistance , the entire school system was shut down for a year rather than open up to mixed-race classrooms .
While schools started to slowly reopen , it took until 1968 to reopen them all .
The busing of white and black @ @ @ @ @ @ @ ran until the late 1980s .
Cavedo ’ s 40-year-old words stand out in 2020 because he is currently overseeing two lawsuits aiming to block the removal of monuments to Confederate generals in the former capital of the Confederacy .
The first suit involves an effort by Governor Ralph Northam who tried to remove a statue of General Robert E. Lee .
In June , Cavedo declared Lee ’ s statue “ belongs to the people ” and from the bench granted a request to block its removal by an alleged heir who @ @ @ @ @ @ @ an 130-year-old deed .
A hearing in the dispute set for later in the month .
In a second lawsuit , Cavedo issued an order from the bench Thursday blocking Richmond Mayor Levar Stoney ’ s emergency order to remove the rest of the city ’ s Confederate monuments .
That suit was filed by an anonymous Virginian who claimed Stoney ’ s order violates state law .
Cavedo ’ s order protects the last remaining statue , of Confederate Gen. A.P .
Hill , for at least 60 days .
The judge @ @ @ @ @ @ @ ” despite his participation in the war against the United States from 1862 until the Civil War ended in 1865 .
Neither Stoney ’ s office nor Northam ’ s office offered comment on Cavedo ’ s college editorial .
In his piece , the then-college senior decried President Jimmy Carter ’ s plan to allow for instant voter registration .
“ This scheme will allow the parasites of this nation to become the dominating force in politics , ” he wrote , adding they “ soak billions from the government ” and @ @ @ @ @ @ @ advance… and usually do not vote.
” Like going to school , voting proved to be challenging for Black people .
Despite gaining the right to vote in 1965 , Black Virginians did not see a Black mayor until Hermanze E. Fauntleroy Jr. was elected in Petersburg 30 miles south of Richmond in 1973 .
“ I am not the irrational nut one may think I am in reading this , ” Cavedo wrote in the 1977 op-ed .
“ I am only a realist who sees a nation sinking fast , and @ @ @ @ @ @ @ ” A voicemail left with Cavedo ’ s office was not returned by press time .
Delegate Patrick Hope , D-47 , tweeted it didn ’ t matter when Cavedo wrote the editorial .
“ These comments are unacceptable from a judge or anyone else .
We should look into whether this individual has the impartiality or fitness to represent our judiciary , ” Hope wrote .
More than 40 years later , Cavedo has been equally vocal on the bench during the hearings over Richmond ’ s Confederate monuments .
He blamed @ @ @ @ @ @ @ the monuments and the areas around them , and asked why Stoney didn ’ t do more to maintain “ law and order ” over the “ rioters ” in the streets .
“ This is a revolution , ” Cavedo , appointed by Democratic Governor Mark Warner in 2002 , said .

Four decades ago, a young man wrote an opinion piece critical of school desegregation and instant voter registration for his college newspaper. That op-ed resurfaced Friday, and Virginians discovered the author is now a Richmond judge who in recent weeks blocked the removal of Confederate monuments during the nationwide re-examination of symbols still tied to the institution of slavery.
RICHMOND, Va. (CN) — Four decades ago, a young man wrote an opinion piece critical of school desegregation and instant voter registration for his college newspaper. That op-ed resurfaced Friday, and Virginians discovered the author is now a Richmond judge who in recent weeks blocked the removal of Confederate monuments during the nationwide re-examination of symbols still tied to the institution of slavery.
Elected officials spent the day condemning the piece written by Brad Cavedo in The Collegian, the University of Richmond’s newspaper, in 1977.
“This is highly problematic,” said Delegate Lamont Bagby (D-74), in a tweet which included a screengrab of the op-ed. Bagby also chairs the state’s Legislative Black Caucus.
In “What does U.S. Life Offer Me?” Cavedo — at the time the editor of The Collegian’s editorial section — wrote about his desire to leave the United States after graduation.
“I will be leaving the solicitous paternalism of the federal courts, which among other things nearly wrecked my high school education by instituting a massive busing plan that caused more upheaval in my school and life than most people could imagine,” he wrote.
A spokesperson for the university confirmed the Cavedo listed in the paper is now a judge on the Richmond City Circuit Court.
Virginia’s history with desegregation is one of its darkest points. Known as Massive Resistance, the entire school system was shut down for a year rather than open up to mixed-race classrooms. While schools started to slowly reopen, it took until 1968 to reopen them all. The busing of white and black kids into schools to help integrate students ran until the late 1980s.
Cavedo’s 40-year-old words stand out in 2020 because he is currently overseeing two lawsuits aiming to block the removal of monuments to Confederate generals in the former capital of the Confederacy.
The first suit involves an effort by Governor Ralph Northam who tried to remove a statue of General Robert E. Lee. In June, Cavedo declared Lee’s statue “belongs to the people” and from the bench granted a request to block its removal by an alleged heir who claimed standing in the case thanks to an 130-year-old deed. A hearing in the dispute set for later in the month.
In a second lawsuit, Cavedo issued an order from the bench Thursday blocking Richmond Mayor Levar Stoney’s emergency order to remove the rest of the city’s Confederate monuments. That suit was filed by an anonymous Virginian who claimed Stoney’s order violates state law.
Cavedo’s order protects the last remaining statue, of Confederate Gen. A.P. Hill, for at least 60 days. The judge called Hill an “American war veteran” despite his participation in the war against the United States from 1862 until the Civil War ended in 1865.
Neither Stoney’s office nor Northam’s office offered comment on Cavedo’s college editorial.
In his piece, the then-college senior decried President Jimmy Carter’s plan to allow for instant voter registration.
“This scheme will allow the parasites of this nation to become the dominating force in politics,” he wrote, adding they “soak billions from the government” and “do not bother to register in advance… and usually do not vote.”
Like going to school, voting proved to be challenging for Black people. Despite gaining the right to vote in 1965, Black Virginians did not see a Black mayor until Hermanze E. Fauntleroy Jr. was elected in Petersburg 30 miles south of Richmond in 1973.
“I am not the irrational nut one may think I am in reading this,” Cavedo wrote in the 1977 op-ed. “I am only a realist who sees a nation sinking fast, and there is virtually no hope for recovery.”
A voicemail left with Cavedo’s office was not returned by press time.
Delegate Patrick Hope, D-47, tweeted it didn’t matter when Cavedo wrote the editorial.
“These comments are unacceptable from a judge or anyone else. We should look into whether this individual has the impartiality or fitness to represent our judiciary,” Hope wrote.
More than 40 years later, Cavedo has been equally vocal on the bench during the hearings over Richmond’s Confederate monuments. He blamed Mayor Stoney for the damage sustained by the monuments and the areas around them, and asked why Stoney didn’t do more to maintain “law and order” over the “rioters” in the streets.
Cavedo, appointed by Democratic Governor Mark Warner in 2002, added: “This is a revolution.”


courthousenews--2020-07-11--Trump Commutes Sentence of Ally Roger Stone

WASHINGTON ( CN ) — President Donald Trump commuted the sentence of Roger Stone late Friday , erasing the 40-month @ @ @ @ @ after a jury convicted the longtime Trump ally of lying to Congress and witness tampering @

President Donald Trump commuted the sentence of Roger Stone late Friday, erasing the 40-month sentence handed down in February after a jury convicted the longtime Trump ally of lying to Congress and witness tampering.
WASHINGTON (CN) — President Donald Trump has commuted the sentence of Roger Stone, erasing the 40-month sentence he received in February after being convicted of lying to Congress and witness tampering.
The move has long been anticipated, as Trump has railed against Stone’s prosecution as unfair and politically motivated. A confidant of Trump’s and longtime GOP strategist, Stone’s charges related to lying about his communications with Wikileaks during the November election and came out of former special counsel Robert Mueller’s probe.
In a statement announcing the commutation, White House Press Secretary Kayleigh McEnany called Stone a “victim of the Russia hoax” and his conviction “the product of recklessness borne of frustration and malice.”
“Roger Stone has already suffered greatly,” McEnany said. “He was treated very unfairly, as were many others in this case. Roger Stone is now a free man!”
Trump had in two interviews earlier in the day suggested Stone might be pardoned or have his sentence commuted.
“He was framed,” Trump said in an interview with radio host Howie Carr. “He was treated horrible. He was treated so badly.”
When Carr told the president there have been reports that Stone is “praying” for his convictions to be commuted, Trump suggested they might be successful.
“Well if you say he’s praying, his prayer may be answered,” Trump said.
Stone attorney Grant Smith praised Trump for taking the action.
“Mr. Stone is incredibly honored that President Trump used his awesome and unique power under the Constitution of the United States for this act of mercy,” Smith said in a statement. “Mr. and Mrs. Stone appreciate all the consideration the president gave to this matter.”
Democrats quickly condemned the commutation as unprecedented and corrupt.
“By this action, President Trump abused the powers of his office in an apparent effort to reward Roger Stone for his refusal to cooperate with investigators examining the president’s own conduct,” House Judiciary Committee Chair Jerry Nadler and House Oversight Committee Chair Carolyn Maloney said in a statement. “No other president has exercised the clemency power for such a patently personal and self-serving purpose.”
Nadler and Maloney said they plan to seek a briefing from the White House on the process that led to Stone’s commutation. The two chairs of the powerful committees also plan to push the Justice Department to turn over grand jury materials shedding light on Stone’s conversations with Trump.
The commutation comes after a highly controversial sentencing process that caused multiple career prosecutors to quit the case and drew calls for Attorney General William Barr’s impeachment.
After Trump publicly blasted its initial sentencing recommendation of seven to nine years behind bars for Stone as a “miscarriage of justice,” the Justice Department backtracked, instead proposing 15 to 21 months in prison.
In testimony to the House Judiciary Committee at the end of June, Aaron Zelinsky, who served as a prosecutor on Stone’s case and stepped down after the sentencing walk back, testified there was pressure from high levels of the Justice Department to give Stone preferential treatment.
“What I saw was that Roger Stone was being treated differently from every other defendant,” Zelinsky said. “He received breaks, that are, in my experience, unheard of.”
U.S. District Judge Amy Berman Jackson excoriated the Justice Department’s handling of the case and sentenced Stone to 40 months in prison.
Just before the commutation, the D.C. Circuit upheld a lower court order directing Stone to report to prison on July 14.
Citing concerns about the Covid-19 pandemic, Stone had already received a 61-day reprieve from his initial surrender date when he asked in June to put off his report date until Sept. 3. U.S. District Judge Amy Berman Jackson on June 26 gave Stone until July 14 to report, prompting an appeal to the D.C. Circuit from the convicted confidant of President Donald Trump.
In a brief unsigned order on Friday, the circuit ruled Stone is ineligible for release “as a matter of law” under federal law that provides for release due to “exceptional reasons.”
The court ruled Stone’s appeal of his conviction is not sufficiently likely to provide him a new trial or a reversal or reduction of his sentence to warrant the relief he seeks.
“He has not even identified what issues he might raise on appeal,” the order states. “As a result, he is double ineligible for release under section 3145(c) as a matter of law.”
The order allows Stone to present new evidence “that he believes might warrant reconsideration to the district court for it to evaluate in the first instance.” Stone had cited in his appeal concerns about an outbreak at Federal Correctional Institution Jessup, where he would serve his sentence, but the appeals court ruled the lower court has not had the chance to evaluate that information.
Jessup currently has 24 active cases of Covid-19 among inmates and six among staff members.
Like other high-profile inmates who have sought early release or delay of their sentence due to the pandemic, Stone has said he is concerned about reporting to prison “in light of his heightened risk of serious medical consequences from exposure to the Covid-19 virus.”
The order from the appeals court comes the same day Trump gave two interviews suggesting that he would pardon or grant clemency to Stone.
Stone was sentenced to 40 months in prison in February after being convicted of lying to Congress and witness tampering. He has appealed the sentence to the D.C. Circuit.


courthousenews--2020-07-11--Jury Finds Russian National Guilty of High-Profile Hacks

SAN FRANCISCO ( CN ) — A 12-person federal jury found a trail of digital bread crumbs led to Russian @ @ @ @ @ hacker responsible for three data breaches in 2012 at LinkedIn , Dropbox , and Formspring @ @ @ @ @ than 100 million user credentials .

Wawrzyniak painted Nikulin as part of a close clique of hacker friends. Ieremenko and Nikulin talked about his problems with his girlfriend Anna, and Nikulin, Iremenko and other hackers supposedly met at a Moscow hotel conference room in March 2012.
Nikita Kislitsin, indicted for trying to sell the stolen Formspring data, was also at that hotel meeting. Wawrzyniak said Kislitsin was acquainted with Nikulin through a mutual friend named Alexsey Belan, who urged Kislitsin through email to contact Nikulin, though he did not explicitly name Nikulin in the email exchange.
In his closing, Nikulin’s counsel Adam Gasner said the government’s evidence was “unreliable, circumstantial, and at times confusing.” He said prosecutors had no direct evidence of Nikulin’s guilt, only “weak and unclear connections.” He attacked the reliability of the information prosecutors received from the Russian government connecting Nikulin’s IP address to the LinkedIn hack.
“The source of that evidence is the Russian government itself,” he said. The source of the evidence comes from an entity that actually supports criminal activity and any evidence they provide should be suspect and given little weight.”
He made much of the questionable authenticity of documents returned to the FBI through a mutual legal assistance treaty with Russia, and suggested that Nikulin might have been framed by his own government.
“The actual certificate of authenticity is straight up not filled out correctly,” he said. “It’s missing essential information that should not give you any confidence in the quality of this evidence.”
Gasner said FBI Special Agent Jeffrey Miller, the government’s star witness in the case, had tunnel vision that prevented him from considering the possibility that at-large hacker Evgeniy Bogachev could have been responsible for the crime.
After all, Bogachev is still wanted by the FBI in connection with a devastating malware attack that compromised 100 million bank accounts around the world.
Zeroing in on Russia’s history of conspiring with hacker mercenaries, he added, “Why would the Russian government provide misinformation to the U.S.? Perhaps allowing a real culprit to be caught and tried in the U.S. would lead to a lot of revelations the Russians don't want us to know.”
Prosecutors urged the jury not to consider this.
“Nothing was similar about these hacks and the allegations against Evgeniy Bogachev,” Assistant U.S. Attorney Michelle Kane said on rebuttal. “The defendant is literally pointing to some other guy with the same first name and saying ‘maybe he did it.’ There's not a shred of evidence that points to that.”
Kane also scoffed at the idea of a possible frame-up by the Russian government. “If you think about that for more than one second it completely falls apart,” she said, noting the IP address records were obtained by the FBI from Russia in 2013, while Nikulin’s Skype chat logs with Ieremenko were from October 2012.
“It would have required the Russian government to go back to 2012 and plant evidence on a computer in Ukraine to frame the defendant.”
The jury, as it turned out, didn’t buy the defense team’s alternate theories.
After the verdict was read, U.S. Attorney David Anderson issued a statement hailing it as a warning to “would-be hackers” and congratulating the Northern District for holding its first jury trial during the Covid-19 pandemic.
“Today’s guilty verdicts are the result of our first federal jury trial in San Francisco since the beginning of shelter in place. I am immensely grateful to Judge Alsup for getting this case to trial. Trial by jury is one of the defining features of the American justice system. We need jury trials to administer justice,” said U.S. Attorney Anderson.
“Nikulin’s conviction is a warning to would-be hackers, wherever they may be. Computer hacking is not just a crime, it is a direct threat to the security and privacy of Americans. American law enforcement will respond to that threat regardless of where it originates.”
U.S. District Judge William Alsup also praised the jury.
"You are a tremendous group of people and our country should be proud to have a group of citizens willing to come in during a pandemic and put yourself at risk so our criminal justice system can survive,” he told them. “You are the first jury to sit as a jury in this district since the pandemic. A lot of the country has been following the case in order to learn about how we can continue the criminal justice system in this time.”


Top Eight

Your Friday night briefing from the staff of Courthouse News Top eight CNS stories for today including most Americans disapprove of President Donald Trump ’ s handling of race relations , the novel coronavirus and reopening the economy ; The conservative-majority Wisconsin Supreme Court overturned three of the Democratic governor ’ s budget vetoes ; The Netherlands brought a case against Russia at the European Court of Human Rights over the downing of Malaysia Airlines Flight 17 , and more .
Sign up for CNS Top Eight , a roundup of the day ’ s top stories delivered directly to @ @ @ @ @ @ @ . )
With a little over 100 days left until Election Day , a majority of Americans disapprove of President Donald Trump ’ s handling of race relations , the novel coronavirus and reopening the economy as hospitals across the country see a surge of patients infected with Covid-19 .
2 . )
The American juror has emerged from quarantine with something of a makeover .
3 . )
The D.C .
Circuit ordered federal reconsideration Friday of whether parts of more than a dozen counties near Denver , Chicago and other major @ @ @ @ @ @ @ smog .
4 . )
The conservative-majority Wisconsin Supreme Court jettisoned three of the Democratic governor ’ s budget vetoes on Friday , delivering a second blow to the governor ’ s executive authority in as many days .
5 . )
President Donald Trump on Friday visited South Florida , one of the nation ’ s epicenters of coronavirus infections , as the region struggles to contain skyrocketing cases and keep hospital beds open .
6 . )
The Texas Republican Party said it will appeal to the Texas Supreme Court after @ @ @ @ @ @ @ order to let it hold its convention in Houston next week .
7 . )
Once a city with ample opportunity for upward mobility , Houston ’ s welcome mat is fraying with home prices rising beyond the reach of the working class .
And the American Dream is slipping fastest from the hands of Black Houstonians .
8 . )
The Netherlands brought a case against Russia at the European Court of Human Rights on Friday over the downing of Malaysia Airlines Flight 17 , escalating tensions over the 2014 crash as @ @ @ @ @ @ @ Amsterdam .

Top eight CNS stories for today including most Americans disapprove of President Donald Trump’s handling of race relations, the novel coronavirus and reopening the economy; The conservative-majority Wisconsin Supreme Court overturned three of the Democratic governor’s budget vetoes; The Netherlands brought a case against Russia at the European Court of Human Rights over the downing of Malaysia Airlines Flight 17, and more.
Your Friday night briefing from the staff of Courthouse News
Top eight CNS stories for today including most Americans disapprove of President Donald Trump’s handling of race relations, the novel coronavirus and reopening the economy; The conservative-majority Wisconsin Supreme Court overturned three of the Democratic governor’s budget vetoes; The Netherlands brought a case against Russia at the European Court of Human Rights over the downing of Malaysia Airlines Flight 17, and more.
Sign up for CNS Top Eight, a roundup of the day’s top stories delivered directly to your email Monday through Friday.
National
1.) With a little over 100 days left until Election Day, a majority of Americans disapprove of President Donald Trump’s handling of race relations, the novel coronavirus and reopening the economy as hospitals across the country see a surge of patients infected with Covid-19.
President Donald Trump listens during a roundtable meeting with Hispanic leaders in the Cabinet Room, Thursday, July 9, 2020, in Washington. (AP Photo/Evan Vucci)
2.) The American juror has emerged from quarantine with something of a makeover.
With chairs spread out several feet apart to ensure safe physical distancing, the jury assembly room in Southern District of New York's Daniel Moynihan Courthouse now has a maximum capacity of 60 people — part of a remodel with public health in mind for reopening the courthouse during the coronavirus pandemic. (Courthouse News photo/Adam Klasfeld)
3.) The D.C. Circuit ordered federal reconsideration Friday of whether parts of more than a dozen counties near Denver, Chicago and other major cities meet national air quality standards for smog.
This aerial photo shows the Standard Oil Refinery in El Segundo, Calif., on May 25, 2017, with Los Angeles International Airport in the background and the El Porto neighborhood of Manhattan Beach, Calif., in the foreground. California Attorney General Xavier Becerra announced on Dec. 7, 2017, that California is among 14 states and the District of Columbia that are suing the Trump administration over what they say a failure to enforce smog standards. (AP Photo/Reed Saxon, File)
Regional
4.) The conservative-majority Wisconsin Supreme Court jettisoned three of the Democratic governor’s budget vetoes on Friday, delivering a second blow to the governor’s executive authority in as many days.
FILE - In this Feb. 6, 2020 file photo, Wisconsin Gov. Tony Evers holds a news conference in Madison, Wis. Wisconsin Democratic Gov. Tony Evers' administration is moving ahead with plans to buy 10,000 ventilators and 1 million protective masks in the fight against the coronavirus. The effort comes after Evers' administration had clashed with Republican lawmakers over whether he needed their permission to make such purchases. (Steve Apps/Wisconsin State Journal via AP, File)
5.) President Donald Trump on Friday visited South Florida, one of the nation’s epicenters of coronavirus infections, as the region struggles to contain skyrocketing cases and keep hospital beds open.
President Donald Trump claps after delivering a speech about the counternarcotics operations at U.S. Southern Command, Friday, July 10, 2020, in Doral, Fla. (AP Photo/Evan Vucci)
6.) The Texas Republican Party said it will appeal to the Texas Supreme Court after a judge denied its request for an order to let it hold its convention in Houston next week.
FILE - In this June 28, 2020 file photo, Houston Mayor Sylvester Turner speaks in Houston. Houston officials have canceled the Texas GOP's in-person convention. They say the spread of the coronavirus made it impossible to hold the event as scheduled. Mayor Turner said Wednesday, July 8, 2020, that the city's lawyers exercised provisions in the contract that the Texas Republican Party signed to rent the downtown convention center for a three-day event to have started July 16. Virus cases have surged in Texas, particularly in the state's largest cities. (AP Photo/David J. Phillip File)
7.) Once a city with ample opportunity for upward mobility, Houston’s welcome mat is fraying with home prices rising beyond the reach of the working class. And the American Dream is slipping fastest from the hands of Black Houstonians.
International
8.) The Netherlands brought a case against Russia at the European Court of Human Rights on Friday over the downing of Malaysia Airlines Flight 17, escalating tensions over the 2014 crash as a separate criminal trial plays out near Amsterdam.


courthousenews--2020-07-10--LA Police Officers Accused of Faking Records to Claim People Were Gang Members

LOS ANGELES ( CN ) — Three Los Angeles police officers face charges of falsifying police reports to claim that people they pulled over during traffic stops had gang allegiance or some affiliation .
In a 59-charge criminal complaint , prosecutors say Metro Division officers Braxton Shaw , Michael Coblentz and Nicolas Martinez misidentified people as gang members , falsified interviews , noted tattoos that did not exist and made up names on field reports .
Prosecutors say the men also forged documents to say that the people who were interviewed by the officers admitted to being part of a @ @ @ @ @ @ @ otherwise .
Shaw is accused of falsifying 43 reports , Coblentz is accused of falsifying 7 and Martinez falsified 2 reports according to the DA ’ s office .
The case remains under investigation according to the DA ’ s office .
Each officer faces prison time if convicted with over 30 years for Shaw , 7 years for Coblentz and 4 years for Martinez .
The charges against the officers originated from a misconduct investigation by the LAPD ’ s Internal Affairs department and overseen by the Office of the Inspector General @ @ @ @ @ @ @ additional officers remain under investigation as part of a probe into officers falsifying their field interview cards with 10 officers assigned to home duty , 8 on administrative duty , 5 who are still in the field and one who has retired .
As part of recent reforms within the department , the LAPD said they would stop using a controversial statewide gang database .
In a statement LAPD Chief Michel Moore said , “ Public trust is the bedrock of community policing and these allegations shake that foundation .
The actions of @ @ @ @ @ @ @ wear .
The department is committed to continuing this comprehensive investigation in our effort to restore the confidence of the people we protect and serve .
”

Three Los Angeles police officers faces charges of falsifying police reports to claim that people they pulled over during traffic stops had gang allegiance or some affiliation.
LOS ANGELES (CN) — Three Los Angeles police officers face charges of falsifying police reports to claim that people they pulled over during traffic stops had gang allegiance or some affiliation.
The LA County District Attorney’s Office announced the charges Friday.
In a 59-charge criminal complaint, prosecutors say Metro Division officers Braxton Shaw, Michael Coblentz and Nicolas Martinez misidentified people as gang members, falsified interviews, noted tattoos that did not exist and made up names on field reports.
Prosecutors say the men also forged documents to say that the people who were interviewed by the officers admitted to being part of a gang even though their body cameras proved otherwise.
Shaw is accused of falsifying 43 reports, Coblentz is accused of falsifying 7 and Martinez falsified 2 reports according to the DA's office.
The case remains under investigation according to the DA's office.
Each officer faces prison time if convicted with over 30 years for Shaw, 7 years for Coblentz and 4 years for Martinez.
The charges against the officers originated from a misconduct investigation by the LAPD's Internal Affairs department and overseen by the Office of the Inspector General.
According to the LAPD, 21 additional officers remain under investigation as part of a probe into officers falsifying their field interview cards with 10 officers assigned to home duty, 8 on administrative duty, 5 who are still in the field and one who has retired.
As part of recent reforms within the department, the LAPD said they would stop using a controversial statewide gang database.
In a statement LAPD Chief Michel Moore said, “Public trust is the bedrock of community policing and these allegations shake that foundation. The actions of these few tarnish the badge we all wear. The department is committed to continuing this comprehensive investigation in our effort to restore the confidence of the people we protect and serve.”


Antitrust Settlement

SAN FRANCISCO — In a class action antitrust dispute , a federal court in California preliminarily approved a $ 232 @ @ @ @ @ capacitors and tech companies Panasonic , AVX , Holy Stone , Kemet , Shinyei , @ @ @ @ @ .

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.


courthousenews--2020-07-10--Homeownership Rates Falling Fastest for Black Houstonians

HOUSTON ( CN ) — Once a city with ample opportunity for upward mobility , Houston ’ s welcome mat is fraying with home prices rising beyond the reach of the working class .
And the American Dream is slipping fastest from the hands of Black Houstonians .
Homeownership rates for African Americans in Houston and surrounding Harris County declined more than for any other racial and ethnic group from 2010 to 2018 , falling from 37 % to 31 % in the city and 41 % to 37 % in the county , according to a new report by @ @ @ @ @ @ @ Houston .
Black people also make up 56 % of the county ’ s homeless population and 20 % of its 4.7 million residents , said Mike Nichols , CEO of Coalition for the Homeless , a nonprofit social services organization that does a yearly count of the region ’ s homeless .
“ Homeownership is a major asset building tool in the U.S. and this challenge of securing and passing on generational wealth is particularly acute for Black households in our area , ” said Kyle Shelton , deputy director of Rice @ @ @ @ @ @ @ Research .
“ Lots of communities where Black ownership is falling most are also areas that have been hit by major flooding in the last five years .
So there ’ s a clear connection between climate change and the brunt of some of the challenges our region is facing , ” Shelton said in a recent webinar .
Houston real estate broker Jon Manning said he believes it comes down to education , as many Black people buy homes before doing their homework .
He is one of a handful of Black @ @ @ @ @ @ @ Estate ’ s Houston campus .
“ What are the tax rates ?
” he said .
“ Is this in a flood zone ?
Do I need flood insurance ?
How do I get flood insurance ?
How much does it cost ?
The education of homeownership is lacking in the Black community.
” Aside from any talk of building generational wealth , which can not come until the mortgage is significantly paid down or paid off , Manning believes homeownership brings immediate benefits .
“ Having the pride that you own @ @ @ @ @ @ @ interview .
“ The stability that the only way you can get put out is if you don ’ t make the payment .
The landlord is not going to come raise the rent .
And there ’ s something about saying my mama and daddy own this house .
Or we ’ ve owned this house this many years .
We have stability .
Because the wealth will come , the wealth will come later.
” Home sweet home has taken on a deeper meaning amid the Covid-19 pandemic with people infected @ @ @ @ @ @ @ to it , spending weeks at home quarantining , others working from home while their workplaces are closed and those who have lost their jobs due to business shutdowns struggling to pay their mortgage or rent as eviction moratoriums expire .
The affordability problems in Houston are not unique to African Americans .
Rent prices in the area have jumped 80 % over the last 10 years , house prices have skyrocketed and wages have not kept pace .
The median home price in Harris County grew from $ 139,000 in 2011 to @ @ @ @ @ @ @ household income rose from $ 52,000 to $ 60,000 , according to Rice University researchers .
The picture is even more bleak when only looking at renters in Harris County .
Their median income was $ 40,000 in 2018 , which meant they could afford a $ 126,000 home , the researchers found .
“ But again , the median sales price had jumped to $ 220,000 , almost a $ 93,000 income gap , ” said Shelton , the Rice University housing expert .
George Floyd grew up in Houston and spent @ @ @ @ @ @ @ The national spotlight on systemic racism turned on by Minneapolis police killing him in May has brought a renewed focus on broad wealth disparities .
For instance , the average Black household in the U.S. has a net worth $ 800,000 lower than the average white household , the Brookings Institute , a Washington think tank , said in a June 15 report .
Nichols , the Coalition for the Homeless CEO , said in an email the large number of Black homeless people in Houston is a result of broken systems , @ @ @ @ @ @ @ last stop for those who have been failed time and time again by our society.
” He said Black homeless people have had disproportionate interactions with the criminal justice system , poorer educations and less job opportunity and advancement compared to other groups .
Nichols ’ claims are bolstered by a new report from the ACLU of Texas , Black Lives Matter Houston and several other civil rights groups .
“ It shows that Black Houstonians make up just 23 % of the population , but 36 % of police stops , 49 @ @ @ @ @ @ @ % of those shot by the Houston Police Department .
Black people in Houston are suffering disproportionately at the hands of police , ” the July 4 report states .
The groups are urging the city to reallocate some of the $ 964 million it budgeted for the Houston Police Department for fiscal year 2021 , which started July 1 , to hiring counselors and social workers who could help homeless people suffering from mental health and drug abuse problems so they are not arrested .
Despite all the gloom , the pandemic @ @ @ @ @ @ @ Houston ’ s homeless .
Houston , Harris County and the Coalition for the Homeless recently announced a plan to spend $ 65 million in federal aid over the next two years to house 5,000 homeless people .

Once a city with ample opportunity for upward mobility, Houston’s welcome mat is fraying with home prices rising beyond the reach of the working class. And the American Dream is slipping fastest from the hands of Black Houstonians.
HOUSTON (CN) — Once a city with ample opportunity for upward mobility, Houston’s welcome mat is fraying with home prices rising beyond the reach of the working class. And the American Dream is slipping fastest from the hands of Black Houstonians.
Homeownership rates for African Americans in Houston and surrounding Harris County declined more than for any other racial and ethnic group from 2010 to 2018, falling from 37% to 31% in the city and 41% to 37% in the county, according to a new report by Rice University, a private school in Houston.
Black people also make up 56% of the county’s homeless population and 20% of its 4.7 million residents, said Mike Nichols, CEO of Coalition for the Homeless, a nonprofit social services organization that does a yearly count of the region’s homeless.
Homeless people rest outside a storefront on Prairie Street in downtown Houston on Friday, July 10, 2020. (Courthouse News photo/Cameron Langford)
“Homeownership is a major asset building tool in the U.S. and this challenge of securing and passing on generational wealth is particularly acute for Black households in our area,” said Kyle Shelton, deputy director of Rice University’s Kinder Institute for Urban Research.
“Lots of communities where Black ownership is falling most are also areas that have been hit by major flooding in the last five years. So there’s a clear connection between climate change and the brunt of some of the challenges our region is facing,” Shelton said in a recent webinar.
Houston real estate broker Jon Manning said he believes it comes down to education, as many Black people buy homes before doing their homework.
He is one of a handful of Black instructors at the Champions School of Real Estate’s Houston campus.
“What are the tax rates?” he said. “Is this in a flood zone? Do I need flood insurance? How do I get flood insurance? How much does it cost? The education of homeownership is lacking in the Black community.”
Aside from any talk of building generational wealth, which cannot come until the mortgage is significantly paid down or paid off, Manning believes homeownership brings immediate benefits.
“Having the pride that you own it,” he said in an interview. “The stability that the only way you can get put out is if you don’t make the payment. The landlord is not going to come raise the rent. And there’s something about saying my mama and daddy own this house. Or we’ve owned this house this many years. We have stability. Because the wealth will come, the wealth will come later.”
Home sweet home has taken on a deeper meaning amid the Covid-19 pandemic with people infected by the respiratory illness, or exposed to it, spending weeks at home quarantining, others working from home while their workplaces are closed and those who have lost their jobs due to business shutdowns struggling to pay their mortgage or rent as eviction moratoriums expire.
The affordability problems in Houston are not unique to African Americans.
Rent prices in the area have jumped 80% over the last 10 years, house prices have skyrocketed and wages have not kept pace.
The median home price in Harris County grew from $139,000 in 2011 to $220,000 in 2018, while median household income rose from $52,000 to $60,000, according to Rice University researchers.
The picture is even more bleak when only looking at renters in Harris County. Their median income was $40,000 in 2018, which meant they could afford a $126,000 home, the researchers found.
“But again, the median sales price had jumped to $220,000, almost a $93,000 income gap,” said Shelton, the Rice University housing expert.
George Floyd grew up in Houston and spent most of his adult life here. The national spotlight on systemic racism turned on by Minneapolis police killing him in May has brought a renewed focus on broad wealth disparities.
For instance, the average Black household in the U.S. has a net worth $800,000 lower than the average white household, the Brookings Institute, a Washington think tank, said in a June 15 report.
Nichols, the Coalition for the Homeless CEO, said in an email the large number of Black homeless people in Houston is a result of broken systems, as nonprofits like his are the “last stop for those who have been failed time and time again by our society.”
He said Black homeless people have had disproportionate interactions with the criminal justice system, poorer educations and less job opportunity and advancement compared to other groups.
Nichols’ claims are bolstered by a new report from the ACLU of Texas, Black Lives Matter Houston and several other civil rights groups.
“It shows that Black Houstonians make up just 23% of the population, but 36% of police stops, 49% of citation-eligible arrests, and 63% of those shot by the Houston Police Department. Black people in Houston are suffering disproportionately at the hands of police,” the July 4 report states.
The groups are urging the city to reallocate some of the $964 million it budgeted for the Houston Police Department for fiscal year 2021, which started July 1, to hiring counselors and social workers who could help homeless people suffering from mental health and drug abuse problems so they are not arrested.
Despite all the gloom, the pandemic has brought a ray of hope for Houston’s homeless.
Houston, Harris County and the Coalition for the Homeless recently announced a plan to spend $65 million in federal aid over the next two years to house 5,000 homeless people.


courthousenews--2020-07-10--Watchdog Says Agency Played Politics in Sharpiegate Fallout

WASHINGTON ( CN ) — Americans ’ safety was not the focus , a federal watchdog reported , when agency officials chastised an office in Alabama that gave accurate information about Hurricane Dorian last year , contradicting President Trump ’ s erroneous insistence about the storm ’ s expected impact .
Commerce Department Inspector General Peggy Gustafson released her findings Thursday , summarizing what has been a 10-month investigation of Sharpiegate — so named after the now-iconic image of President Donald Trump using a doctored weather-forecasting model to warn that Alabama was in the path of impact as the United @ @ @ @ @ @ @ .
As the storm made U.S. landfall on Sept. 6 at Cape Hatteras , North Carolina , some 600 miles away from Alabama , records show that White House officials were furious with the Birmingham office of the National Weather Service for telling their state not to worry .
“ Alabama will NOT see any impacts from # Dorian , ” the office had tweeted at 11:11 a.m. EDT on Sept. 1 .
Responding to calls from worried citizens and relying on the most up-to-date information , the office says it had not @ @ @ @ @ @ @ contradicted one President Donald Trump tweeted 20 minutes earlier that said Alabama would “ most likely be hit ( much ) harder than anticipated ” by the hurricane .
Trump held his press conference featuring the Sharpie-modified map on Sept. 4 , and Mick Mulvaney , then the White House ’ s acting chief of staff , wrote to Secretary of Commerce Wilbur Ross the next day .
“ As it currently stands , it appears as if the NWS intentionally contradicted the President , ” Mulvaney wrote .
“ And we need @ @ @ @ @ @ @ a correction or an explanation or both.
” Gustafson ’ s 115-page report calls this drama at odds with the goals of weather forecasting , which she calls an “ apolitical public service.
” “ Instead of focusing on NOAA ’ s successful hurricane forecast , the department unnecessarily rebuked NWS forecasters for issuing a public safety message about Hurricane Dorian in response to public inquiries — that is , for doing their jobs , ” Gustafson wrote .
Friday ’ s audit notes that the situation evolved rapidly after Mulvaney wrote to @ @ @ @ @ @ @ the middle of the night , ” recalled Dr. Neil Jacobs , who heads the National Oceanic and Atmospheric Administration , as quoted in the report .
The upheaval culminated on Sept. 6 with the NOAA issuing an unsigned statement that insisted the threat to Alabama had been real .
“ The information provided by NOAA and the National Hurricane Center to President Trump and the wider public demonstrated that tropical-storm-force winds from Hurricane Dorian could impact Alabama , ” it asserted .
Birmingham ’ s National Weather Service was criticized in the @ @ @ @ @ @ @ that were inconsistent with probabilities from the best forecast products available at the time.
” Gustafson slammed the move : “ By requiring NOAA to issue an unattributed statement related to a then-5-day-old tweet , while an active hurricane continued to exist off the east coast of the United States , the Department displayed poor judgment in exercising its authority over NOAA , ” she wrote .
Agency heads deny it now , but Gustafson also found that there was a sense , if not an outright threat , at the agency “ @ @ @ @ @ @ @ Julie Roberts , a NOAA official who says the Commerce Department ’ s Michael Walsh said those exact words to her , earned criticism in the report meanwhile for deleting the overnight text messages she had received ahead of the agency issuing its Sept. 6 statement .
The report calls Roberts ’ explanations for why she deleted her messages “ unconvincing , ” while also blaming the blizzard of overnight messages with breaking communications between NWS leaders and their emergency management contacts “ after having to turn off their mobile phones due to @ @ @ @ @ @ @ ” More broadly , the report warned , is that the statement “ could have a chilling effect on NWS forecasters ’ future public safety messages , as well as undercut public trust in NWS forecasts.
” The White House did not immediately respond to request for comment .
Walsh has denied threatening jobs and is shown in a June 29 letter attached to the report as calling Gustafson ’ s report “ unsupported.
” “ The inspector general instead selectively quotes from interviews , takes facts out of context , portrays events @ @ @ @ @ @ @ evidence establishing a connection , and ignores basic governance structures of the Department of Commerce , ” he wrote .
Walsh defended the accuracy of the NOAA ’ s Sept. 6 statement and denied that the process was “ somehow flawed because of my leadership.
” “ Senior department leaders believed that the statement resulted from a consensus-based process that included all stakeholders , including those from the NOAA and NWS , ” he wrote .
In response to the inspector general ’ s report , Washington Senator Maria Cantwell has said she @ @ @ @ @ @ @ be the full-time chief of NOAA , which released its own report on the incident in June .
“ NOAA ’ s work is crucial to protecting American lives and creating and supporting jobs in our ocean economy , which is why leaders of a scientific agency like @ NOAA must hold themselves , and their agency , to the highest scientific integrity standard , ” Cantwell tweeted Thursday .
“ Unfortunately , the report released today makes it crystal clear Neil Jacobs is not that leader , and he failed to protect @ @ @ @ @ @ @ I oppose Neil Jacobs ’ nomination to be the Administrator of NOAA , and I urge my colleagues to join me.
” Gustafson ’ s report quotes Jacobs and Roberts as saying they were “ baffled ” by Trump ’ s insistence on Sept. 1 about Alabama being in the cone of danger .

Americans’ safety was not the focus, a federal watchdog reported, when agency officials chastised an office in Alabama that gave accurate information about Hurricane Dorian last year, contradicting President Trump’s erroneous insistence about the storm’s expected impact.
WASHINGTON (CN) — Americans’ safety was not the focus, a federal watchdog reported, when agency officials chastised an office in Alabama that gave accurate information about Hurricane Dorian last year, contradicting President Trump’s erroneous insistence about the storm’s expected impact.
Commerce Department Inspector General Peggy Gustafson released her findings Thursday, summarizing what has been a 10-month investigation of Sharpiegate — so named after the now-iconic image of President Donald Trump using a doctored weather-forecasting model to warn that Alabama was in the path of impact as the United States braced for impact from Hurricane Dorian.
As the storm made U.S. landfall on Sept. 6 at Cape Hatteras, North Carolina, some 600 miles away from Alabama, records show that White House officials were furious with the Birmingham office of the National Weather Service for telling their state not to worry.
"Alabama will NOT see any impacts from #Dorian,” the office had tweeted at 11:11 a.m. EDT on Sept. 1.
Responding to calls from worried citizens and relying on the most up-to-date information, the office says it had not known at the time that its message contradicted one President Donald Trump tweeted 20 minutes earlier that said Alabama would "most likely be hit (much) harder than anticipated" by the hurricane.
Trump held his press conference featuring the Sharpie-modified map on Sept. 4, and Mick Mulvaney, then the White House’s acting chief of staff, wrote to Secretary of Commerce Wilbur Ross the next day.
“As it currently stands, it appears as if the NWS intentionally contradicted the President,” Mulvaney wrote. “And we need to know why. He wants either a correction or an explanation or both.”
Gustafson’s 115-page report calls this drama at odds with the goals of weather forecasting, which she calls an “apolitical public service.”
"Instead of focusing on NOAA's successful hurricane forecast, the department unnecessarily rebuked NWS forecasters for issuing a public safety message about Hurricane Dorian in response to public inquiries — that is, for doing their jobs," Gustafson wrote.
Friday’s audit notes that the situation evolved rapidly after Mulvaney wrote to Ross. “Things went crazy in the middle of the night,” recalled Dr. Neil Jacobs, who heads the National Oceanic and Atmospheric Administration, as quoted in the report.
The upheaval culminated on Sept. 6 with the NOAA issuing an unsigned statement that insisted the threat to Alabama had been real.
“The information provided by NOAA and the National Hurricane Center to President Trump and the wider public demonstrated that tropical-storm-force winds from Hurricane Dorian could impact Alabama,” it asserted.
Birmingham’s National Weather Service was criticized in the statement meanwhile for using “absolute terms that were inconsistent with probabilities from the best forecast products available at the time.”
Gustafson slammed the move: “By requiring NOAA to issue an unattributed statement related to a then-5-day-old tweet, while an active hurricane continued to exist off the east coast of the United States, the Department displayed poor judgment in exercising its authority over NOAA,” she wrote.
Agency heads deny it now, but Gustafson also found that there was a sense, if not an outright threat, at the agency “that jobs were on the line.”
Julie Roberts, a NOAA official who says the Commerce Department’s Michael Walsh said those exact words to her, earned criticism in the report meanwhile for deleting the overnight text messages she had received ahead of the agency issuing its Sept. 6 statement.
The report calls Roberts’ explanations for why she deleted her messages “unconvincing,” while also blaming the blizzard of overnight messages with breaking communications between NWS leaders and their emergency management contacts “after having to turn off their mobile phones due to the number of calls about the statement.”
More broadly, the report warned, is that the statement “could have a chilling effect on NWS forecasters’ future public safety messages, as well as undercut public trust in NWS forecasts.”
The White House did not immediately respond to request for comment.
Walsh has denied threatening jobs and is shown in a June 29 letter attached to the report as calling Gustafson’s report “unsupported.”
“The inspector general instead selectively quotes from interviews, takes facts out of context, portrays events as related to one another without any evidence establishing a connection, and ignores basic governance structures of the Department of Commerce,” he wrote.
Walsh defended the accuracy of the NOAA’s Sept. 6 statement and denied that the process was “somehow flawed because of my leadership.”
“Senior department leaders believed that the statement resulted from a consensus-based process that included all stakeholders, including those from the NOAA and NWS,” he wrote.
In response to the inspector general’s report, Washington Senator Maria Cantwell has said she does not support Jacobs' nomination to be the full-time chief of NOAA, which released its own report on the incident in June.
“NOAA's work is crucial to protecting American lives and creating and supporting jobs in our ocean economy, which is why leaders of a scientific agency like @NOAA must hold themselves, and their agency, to the highest scientific integrity standard,” Cantwell tweeted Thursday. “Unfortunately, the report released today makes it crystal clear Neil Jacobs is not that leader, and he failed to protect scientists from political influence. Therefore, I oppose Neil Jacobs’ nomination to be the Administrator of NOAA, and I urge my colleagues to join me.”
Gustafson’s report quotes Jacobs and Roberts as saying they were “baffled” by Trump’s insistence on Sept. 1 about Alabama being in the cone of danger.


courthousenews--2020-07-10--Climate Change Forcing Farmers to Choose Between Low Yields or Income Instability

( CN ) — Farmers are facing a tough decision in the face of climate change : Deal with low yields from the crops they depend on , or plant drought-resistant strains that leave them prone to income instability .
Increasing water stress and rising temperatures decrease yields , as suboptimal conditions force plants to expend their energy on survival rather than growth .
A study published Friday in the journal Nature examines these conditions in the Yakima River Basin in Washington state .
The authors investigated the impacts of climate change on regional agriculture and whether drought-resistant crop varieties @ @ @ @ @ @ @ .
Rising global temperatures are reducing the available water supply in regions that depend predominately on snowfall for crop irrigation .
This places farmers in a precarious position , deciding either to adapt to the decreased yields they will face in an age of global warming , or to plant newer drought-resistant crop varieties that inevitably lead to a more volatile income stream .
Because these crops typically produce greater yields when water is restricted , an especially bad season could leave farmers with staggering , unanticipated and uninsured losses .
“ Typical @ @ @ @ @ @ @ , ” said Jennifer Adam , Berry Distinguished Professor of civil and environmental engineering at Washington State University and co-author of the study , in a statement accompanying the study .
“ But climate change still is likely to cause severe droughts where current water management institutions in the Yakima River Basin simply can not provide enough water , and there are severe worst-case crop failures.
” Researchers found a constant trade-off between yield and income stability .
They recommend simultaneously improving crop varieties and water delivery through an improved system of water @ @ @ @ @ @ @ on drought-resistant strains of crops would leave farmers subject to the whims of an unpredictable water supply and place them in an especially vulnerable position during a dry year .
“ Our findings show that farmers who adapt to climate change by planting improved crop varieties may potentially increase their expected mean annual productivity in an altered climate , but remain strongly vulnerable to irrigation water shortages , ” note the authors .
Nearly 50 % of agriculture production depends on irrigation , despite accounting for only 20 % of cultivated lands .
@ @ @ @ @ @ @ bounds in the past 50 years and significantly contributes to the global food supply necessary to feed Earth ’ s ever-increasing population .
Surface water accounts for 62 % of the total water supply used in irrigated agriculture , and that predominately depends on cycles of snowfall and melt .
Snow falls in the mountains , runs through rivers , streams and creeks , which then gets diverted and utilized by nearby farmers .
Few crops may grow in the Rockies , Cascades or the Sierra Nevada , but the snowpack that accumulates @ @ @ @ @ @ @ national food production .
A warming climate swaps that snowfall for rain , which further melts the snowpack and leads to a one-time water bonanza instead of the steady seasonal trickle that farmers rely on .
Despite increasing levels of CO2 that typically raise yields , the knock-on effect of elevated temperatures leads to an overall decline in food production throughout regions that depend on seasonal snowmelt for a steady water supply .
This accelerated growth rate is also detrimental to certain staples , such as corn , wheat and potatoes , as @ @ @ @ @ @ @ and thus stunts their foliage production .
These conditions are shortening the effective growing season for many farmers — forcing them to do more with less — though new strains currently being developed aim to extend the growing period of these crops and allow them to reap the benefits of rising CO2 levels .
But they need regular , reliable water .
Quantifying shifts in water availability requires that modeling frameworks account for water storage facilities , institutional water rights and environmental regulations .
Each of these potentially limits the usefulness of previous @ @ @ @ @ @ @ specific conditions unique to various agricultural regions .
Patrick Reed , professor at Cornell ’ s School of Civil and Environmental Engineering , specializes in modeling climate change .
His team built on previous work by Washington State University focused on modeling the connection between crop growth and development , land-surface hydrology and river-system processes .
Reed ’ s model simulates dam operations and prioritizes water allocation throughout the Yakima River Basin .
“ The models show that year-to-year variability in expected crop yields goes down because the difference between the best and @ @ @ @ @ @ @ said Keyvan Malek , a postdoctoral researcher in Reed ’ s group and lead author of the study , in a statement accompanying the study .
“ While this is not a positive result , year-to-year fluctuations in crop yield revenue are strongly important in how crop insurance programs balance revenue fluctuations .
”

Farmers are facing a tough decision in the face of climate change: Deal with low yields from the crops they depend on, or plant drought-resistant strains that leave them prone to income instability.
(CN) — Farmers are facing a tough decision in the face of climate change: Deal with low yields from the crops they depend on, or plant drought-resistant strains that leave them prone to income instability.
Increasing water stress and rising temperatures decrease yields, as suboptimal conditions force plants to expend their energy on survival rather than growth. A study published Friday in the journal Nature examines these conditions in the Yakima River Basin in Washington state. The authors investigated the impacts of climate change on regional agriculture and whether drought-resistant crop varieties could increase farmers’ otherwise diminishing returns.
Rising global temperatures are reducing the available water supply in regions that depend predominately on snowfall for crop irrigation. This places farmers in a precarious position, deciding either to adapt to the decreased yields they will face in an age of global warming, or to plant newer drought-resistant crop varieties that inevitably lead to a more volatile income stream. Because these crops typically produce greater yields when water is restricted, an especially bad season could leave farmers with staggering, unanticipated and uninsured losses.
“Typical and best-case annual yields are much higher,” said Jennifer Adam, Berry Distinguished Professor of civil and environmental engineering at Washington State University and co-author of the study, in a statement accompanying the study. “But climate change still is likely to cause severe droughts where current water management institutions in the Yakima River Basin simply cannot provide enough water, and there are severe worst-case crop failures.”
Researchers found a constant trade-off between yield and income stability. They recommend simultaneously improving crop varieties and water delivery through an improved system of water rights and infrastructure development. Relying solely on drought-resistant strains of crops would leave farmers subject to the whims of an unpredictable water supply and place them in an especially vulnerable position during a dry year.
“Our findings show that farmers who adapt to climate change by planting improved crop varieties may potentially increase their expected mean annual productivity in an altered climate, but remain strongly vulnerable to irrigation water shortages,” note the authors.
Nearly 50% of agriculture production depends on irrigation, despite accounting for only 20% of cultivated lands. Irrigated agriculture has expanded by leaps and bounds in the past 50 years and significantly contributes to the global food supply necessary to feed Earth’s ever-increasing population.
Surface water accounts for 62% of the total water supply used in irrigated agriculture, and that predominately depends on cycles of snowfall and melt. Snow falls in the mountains, runs through rivers, streams and creeks, which then gets diverted and utilized by nearby farmers. Few crops may grow in the Rockies, Cascades or the Sierra Nevada, but the snowpack that accumulates in these ranges is vitally important for national food production. A warming climate swaps that snowfall for rain, which further melts the snowpack and leads to a one-time water bonanza instead of the steady seasonal trickle that farmers rely on.
Despite increasing levels of CO2 that typically raise yields, the knock-on effect of elevated temperatures leads to an overall decline in food production throughout regions that depend on seasonal snowmelt for a steady water supply. This accelerated growth rate is also detrimental to certain staples, such as corn, wheat and potatoes, as it leaves them less time to photosynthesize and thus stunts their foliage production. These conditions are shortening the effective growing season for many farmers — forcing them to do more with less — though new strains currently being developed aim to extend the growing period of these crops and allow them to reap the benefits of rising CO2 levels.
But they need regular, reliable water.
Quantifying shifts in water availability requires that modeling frameworks account for water storage facilities, institutional water rights and environmental regulations. Each of these potentially limits the usefulness of previous simulation-based assessments and do not address the specific conditions unique to various agricultural regions.
Patrick Reed, professor at Cornell's School of Civil and Environmental Engineering, specializes in modeling climate change. His team built on previous work by Washington State University focused on modeling the connection between crop growth and development, land-surface hydrology and river-system processes. Reed’s model simulates dam operations and prioritizes water allocation throughout the Yakima River Basin.
"The models show that year-to-year variability in expected crop yields goes down because the difference between the best and worst case yields is reduced," said Keyvan Malek, a postdoctoral researcher in Reed's group and lead author of the study, in a statement accompanying the study. "While this is not a positive result, year-to-year fluctuations in crop yield revenue are strongly important in how crop insurance programs balance revenue fluctuations."


CIA Records

NEW YORK — The Second Circuit upheld a ruling in favor of the CIA in a Freedom of Information Act @ @ @ @ @ York Times , which sought an acknowledgement from the agency that it was aware of @ @ @ @ @ to a covert program of arming and training Syrian rebels .
The court ruled that @ @ @ @ @ Donald Trump and General Raymond Thomas did not “ officially acknowledge or inadvertently declassify the @ @ @ @ @ .
”

The Second Circuit upheld a ruling in favor of the CIA in a Freedom of Information Act suit brought by The New York Times, which sought an acknowledgement from the agency that it was aware of the existence of records relating to a covert program of arming and training Syrian rebels.
MANHATTAN — The Second Circuit upheld a ruling in favor of the CIA in a Freedom of Information Act suit brought by The New York Times, which sought an acknowledgement from the agency that it was aware of the existence of records relating to a covert program of arming and training Syrian rebels.
The court ruled that certain statements made by President Donald Trump and General Raymond Thomas did not “officially acknowledge or inadvertently declassify the existence of such a program.”


courthousenews--2020-07-11--In Defiance of Sheriff, LA Coroner Releases Autopsy Report of Man Shot by Police

LOS ANGELES ( CN ) – A security guard killed by Los Angeles County officers last month was shot five times in the back according to the LA County Coroner ’ s autopsy report released Friday .
Andres Guardado , 18 , was shot while working as a security guard at an auto body shop in the city of Gardena in LA County on June 18 .
Guardado was standing on a sidewalk outside the business talking to a woman when officers on patrol approached them and , according to officers , Guardado ran .
Officers said they chased Guardado @ @ @ @ @ @ @ to not reach for his waistband , but he did and that ’ s when they shot him .
A 9mm handgun used by an officer was collected as evidence at the scene along with a separate gun found near Guardado .
There were no drugs or alcohol in his system , according to the coroner ’ s report , and Guardado was wounded in his back , arms and had abrasions near his forehead .
Guardado ’ s family commissioned an independent autopsy that arrived at the same conclusion .
On Friday @ @ @ @ @ @ @ said in a statement he gave the situation careful thought and deliberation before releasing the autopsy report .
“ In doing so , I have given careful consideration to the major variables in this case – supporting the administration of justice , as well as the public ’ s right to know , ” said Lucas .
“ I do not believe that these are mutually exclusive ideals .
Both are important , particularly amid the ongoing national discussion about race , policing and civil rights.
” LA County Sheriff Alex Villanueva called @ @ @ @ @ @ @ unprecedented and has the “ potential to jeopardize the investigation ” and any other future criminal charges .
“ This move will now force the Sheriff ’ s Department to use court orders to enforce security holds that exist for only one purpose – to prevent tainting witness testimony prior to interviews , ” said Villanueva in a statement .
“ Dr .
Lucas has acknowledged succumbing to pressure from the Board of Supervisors and the Office of Inspector General , and has now made the astonishing admission that he sacrificed the integrity @ @ @ @ @ @ @ satisfy public curiosity.
” Villanueva specifically named LA County Supervisor Mark Ridley-Thomas for a coordinated release of the autopsy report that demonstrates a “ poor grasp ” of the investigation procedure and the powers of the appointed Inspector General .
“ As Sheriff of Los Angeles County , I find it deeply troubling that an elected supervisor would use the authority of his office to bully the coroner and sow mistrust of law enforcement in the community , ” said Villanueva .
“ While these apparent goals may satisfy Supervisor Ridley Thomas ’ @ @ @ @ @ @ @ to advance the public ’ s interest.
” The county ’ s Inspector General oversees the policies and operations of the sheriff ’ s department and was created by the county supervisors in 2014 .
Earlier in the day , Ridley-Thomas applauded the release of the autopsy report as “ upholding the autonomy and integrity ” of the coroner ’ s office despite efforts to keep the report private .
“ The fact that the Inspector General still has not received documents pertaining to the investigation that were requested over two weeks ago @ @ @ @ @ @ @ in a statement .
“ The community deserves to know the facts .
This is a matter of public interest and public trust.
” The feud between LA County Sheriff Alex Villanueva and LA County ’ s Board of Supervisors has played out for months as the elected body cut the sheriff ’ s department budget earlier this year due to the Covid-19 pandemic .
Guardado ’ s death sparked outrage in LA County just as protesters across the country marched and demanded accountability from officer-involved shootings and police brutality against communities of @ @

A security guard killed by Los Angeles County officers last month was shot five times in the back according to the LA County Coroner’s autopsy report released Friday.
LOS ANGELES (CN) — A security guard killed by Los Angeles County officers last month was shot five times in the back according to the LA County Coroner’s autopsy report released Friday.
Andres Guardado, 18, was shot while working as a security guard at an auto body shop in the city of Gardena in LA County on June 18. Guardado was standing on a sidewalk outside the business talking to a woman when officers on patrol approached them and, according to officers, Guardado ran.
Officers said they chased Guardado, ordered him to the ground and to not reach for his waistband, but he did and that’s when they shot him.
A 9mm handgun used by an officer was collected as evidence at the scene along with a separate gun found near Guardado. There were no drugs or alcohol in his system, according to the coroner’s report, and Guardado was wounded in his back, arms and had abrasions near his forehead. Guardado’s family commissioned an independent autopsy that arrived at the same conclusion.
On Friday, LA County Coroner Dr. Jonathan Lucas said in a statement he gave the situation careful thought and deliberation before releasing the autopsy report.
"In doing so, I have given careful consideration to the major variables in this case - supporting the administration of justice, as well as the public's right to know,” said Lucas. “I do not believe that these are mutually exclusive ideals. Both are important, particularly amid the ongoing national discussion about race, policing and civil rights.”
LA County Sheriff Alex Villanueva called the release of the official autopsy report unprecedented and has the “potential to jeopardize the investigation” and any other future criminal charges.
“This move will now force the Sheriff’s Department to use court orders to enforce security holds that exist for only one purpose – to prevent tainting witness testimony prior to interviews,” said Villanueva in a statement. “Dr. Lucas has acknowledged succumbing to pressure from the Board of Supervisors and the Office of Inspector General, and has now made the astonishing admission that he sacrificed the integrity of the investigation in a bid to satisfy public curiosity.”
Villanueva specifically named LA County Supervisor Mark Ridley-Thomas for a coordinated release of the autopsy report that demonstrates a “poor grasp” of the investigation procedure and the powers of the appointed Inspector General.
“As Sheriff of Los Angeles County, I find it deeply troubling that an elected supervisor would use the authority of his office to bully the coroner and sow mistrust of law enforcement in the community,” said Villanueva. “While these apparent goals may satisfy Supervisor Ridley Thomas’ narrow political aspirations, it does nothing to advance the public’s interest.”
The county’s Inspector General oversees the policies and operations of the sheriff’s department and was created by the county supervisors in 2014.
Earlier in the day, Ridley-Thomas applauded the release of the autopsy report as “upholding the autonomy and integrity” of the coroner’s office despite efforts to keep the report private.
“The fact that the Inspector General still has not received documents pertaining to the investigation that were requested over two weeks ago is deeply troubling,” said Ridley-Thomas in a statement. “The community deserves to know the facts. This is a matter of public interest and public trust.”
In response to Villanueva, Ridley-Thomas said Lucas acted properly to release the report and the sheriff should work with the county's Office of the Inspector General.
"The Medical Examiner-Coroner utilized his professional expertise and his independent authority in releasing the autopsy report of Andres Guardado," said Ridley-Thomas in a statement. "I do not believe the Sheriff’s berating of the Medical Examiner is either proper or professional. Once again, I urge the Sheriff to start cooperating with the OIG to ensure a much-needed independent investigation can take place.”
The feud between LA County Sheriff Alex Villanueva and LA County’s Board of Supervisors has played out for months as the elected body cut the sheriff’s department budget earlier this year due to the Covid-19 pandemic.
Guardado’s death sparked outrage in LA County just as protesters across the country marched and demanded accountability from officer-involved shootings and police brutality against communities of color.


courthousenews--2020-07-11--Judge Postpones Federal Execution of White Supremacist

( CN ) — A federal judge in Indiana temporarily delayed Monday ’ s scheduled execution of a white supremacist convicted 20 years ago of killing an Arkansas gun dealer and his family .
The delay came in response to a request from the murder victims ’ family members who fear traveling to witness the execution due to the Covid-19 outbreak .
Daniel Lewis Lee , a member of the Aryan People ’ s Resistance , was convicted in the 1996 murders of William and Nancy Mueller and Nancy ’ s 8-year-old daughter , Sarah Powell .
Lee was sentenced @ @ @ @ @ @ @ been postponed by appeals and a nearly two-decade drought in federal executions .
Lee was to have been the first of five executions carried out by the federal government since 2003 , following U.S. Attorney General William Barr ’ s move last year to restore federal executions .
Three family members of Lee ’ s victims sued in federal court seeking to temporarily halt the scheduled execution because they fear being exposed to the coronavirus if they are forced to travel long distances .
U.S. District Judge Jane Magnus-Stinson , chief judge for @ @ @ @ @ @ @ a preliminary injunction Friday afternoon , “ pending final resolution of the merits of this case or until further order of this court.
” Magnus-Stinson said the court will vacate the injunction upon a showing by the defendants that setting a date for Lee ’ s execution will comply with the Federal Death Penalty Act and demonstrate “ reasonable consideration of the plaintiffs ’ right to be present for the execution.
” Baker Kurrus , a Little Rock , Arkansas attorney for the victims ’ family members , said in a statement issued @ @ @ @ @ @ @ Kurrus said the delay “ will enable them to exercise their right to attend the execution in the future while protecting themselves against the ravages of COVID-19.
” Plaintiffs seeking the temporary injunction – Earlene Peterson , Kimma Gurel and Monica Veillette – are the sister , mother , grandmother and niece of the victims .
They had been selected by the warden at the U.S. Penitentiary at Terre Haute , Indiana , to witness the execution .
Peterson , Nancy Mueller ’ s mother and Sarah Powell ’ s grandmother , is @ @ @ @ @ @ @ , Arkansas , more than 500 miles from Terre Haute , according to the judge ’ s order .
“ She suffers from congestive heart failure and has other underlying health conditions that put her at increased risk for developing COVID-19-related complications , ” Judge Magnus-Stinson wrote .
“ I am now faced with an impossible choice of either not exercising my right to attend the execution , or traveling in dangerous conditions which could cause me to become very sick , or even die , ” Peterson said in a declaration filed @ @ @ @ @ @ @ to attend this execution at a time when it is safe for people to travel.
” In response to the plaintiffs ’ petition , the U.S. Justice Department argued that the Federal Death Penalty Act “ makes no provision for witnesses such as plaintiffs to attend an execution , much less provides them a private cause of action to protect their rights , ” the judge wrote .
She added , while the FDPA does not explicitly mention victims , it does require that an execution must proceed “ in the manner prescribed @ @ @ @ @ @ @ which the sentence is imposed.
” Arkansas law “ provides significant rights to victims ’ family members in the context of an execution , ” she wrote .
The Justice Department is expected to appeal the ruling , according to media reports .

A federal judge in Indiana temporarily delayed Monday’s scheduled execution of a white supremacist convicted 20 years ago of killing an Arkansas gun dealer and his family. The delay came in response to a request from the murder victims’ family members who fear traveling to witness the execution due to the Covid-19 outbreak.
(CN) — A federal judge in Indiana temporarily delayed Monday’s scheduled execution of a white supremacist convicted 20 years ago of killing an Arkansas gun dealer and his family. The delay came in response to a request from the murder victims’ family members who fear traveling to witness the execution due to the Covid-19 outbreak.
Daniel Lewis Lee, a member of the Aryan People’s Resistance, was convicted in the 1996 murders of William and Nancy Mueller and Nancy’s 8-year-old daughter, Sarah Powell.
Lee was sentenced to death, but his execution has been postponed by appeals and a nearly two-decade drought in federal executions. Lee was to have been the first of five executions carried out by the federal government since 2003, following U.S. Attorney General William Barr’s move last year to restore federal executions.
Three family members of Lee’s victims sued in federal court seeking to temporarily halt the scheduled execution because they fear being exposed to the coronavirus if they are forced to travel long distances.
U.S. District Judge Jane Magnus-Stinson, chief judge for the Southern District of Indiana, granted a preliminary injunction Friday afternoon, “pending final resolution of the merits of this case or until further order of this court.”
Magnus-Stinson said the court will vacate the injunction upon a showing by the defendants that setting a date for Lee's execution will comply with the Federal Death Penalty Act and demonstrate “reasonable consideration of the plaintiffs' right to be present for the execution.”
Baker Kurrus, a Little Rock, Arkansas, attorney for the victims’ family members, said in a statement issued Friday that the family was grateful. Kurrus said the delay “will enable them to exercise their right to attend the execution in the future while protecting themselves against the ravages of Covid-19.”
Plaintiffs seeking the temporary injunction — Earlene Peterson, Kimma Gurel and Monica Veillette — are the sister, mother, grandmother and niece of the victims. They had been selected by the warden at the U.S. Penitentiary at Terre Haute, Indiana, to witness the execution.
Peterson, Nancy Mueller's mother and Sarah Powell's grandmother, is 81 years old and lives in Hector, Arkansas, more than 500 miles from Terre Haute, according to the judge’s order.
“She suffers from congestive heart failure and has other underlying health conditions that put her at increased risk for developing Covid-19-related complications,” Judge Magnus-Stinson wrote.
“I am now faced with an impossible choice of either not exercising my right to attend the execution, or traveling in dangerous conditions which could cause me to become very sick, or even die,” Peterson said in a declaration filed with the court. “I want to attend this execution at a time when it is safe for people to travel.”
In response to the plaintiffs’ petition, the U.S. Justice Department argued that the Federal Death Penalty Act “makes no provision for witnesses such as plaintiffs to attend an execution, much less provides them a private cause of action to protect their rights," the judge wrote.
She added, while the FDPA does not explicitly mention victims, it does require that an execution must proceed “in the manner prescribed by the law of the state in which the sentence is imposed.”
Arkansas law “provides significant rights to victims’ family members in the context of an execution,” she wrote.
The Justice Department is expected to appeal the ruling, according to media reports.


courthousenews--2020-07-11--Ninth Circuit Considers Undoing Block of Asylum Ban

( CN ) – The Ninth Circuit Friday considered whether the Trump administration ’ s asylum ban could apply to those “ metered ” at ports of entry and waiting their turn to enter the United States when the ban went into effect last year , a decision which could determine whether an estimated 26,000 people will get their day in Immigration Court .
Friday ’ s court hearing came less than a week after the same appellate court tossed Trump ’ s “ Third Country Transit Rule ” which went into effect in July 16 , 2019 and required @ @ @ @ @ @ @ the United States must have first sought asylum in a third country they passed through on their way to the U.S. border .
In a separate order out of the District of Columbia earlier this month , another federal judge found the rule had not gone through the required rule-making process before going into effect last summer .
But when prodded by a Ninth Circuit panel in a virtual hearing Friday , both the Justice Department and attorneys for the asylum seekers agreed those cases don ’ t bear on the metering case @ @ @ @ @ @ @ because they aren ’ t challenging the legality of the asylum ban , but whether it could be applied to the class members in the first place .
Those asylum seekers challenging the federal government ’ s practice of metering – or limiting the amount of asylum seekers accepted at ports of entry – claim they had already “ arrived ” at the United States and couldn ’ t be subjected to the new asylum rule because they were following the federal government ’ s instructions to “ wait their turn ” across @ @ @ @ @ @ @ for their asylum case to be heard .
The estimated 26,000 asylum seekers are caught in the crosshairs of the two Trump administration immigration policies advocates say were enacted to eviscerate the United Nations-guaranteed right .
U.S. District Judge Cynthia Bashant agreed , finding last fall the federal government couldn ’ t employ bait-and-switch tactics to apply new restrictions to block migrants from making humanitarian claims at U.S. ports of entry , noting the class members “ did exactly what the government told them to do.
” Bashant preliminarily enjoined the government from @ @ @ @ @ @ @ had arrived at ports of entry before the rule went into effect last July .
The Ninth Circuit refused the Justice Department ’ s request to block the lower court ’ s injunction , pending the hearing Friday on the Justice Department ’ s appeal .
In its brief , the Justice Department claimed the asylum rule was created to “ screen out ” those who don ’ t really have urgent persecution claims , with the logic being if they truly were in fear for their life , asylum seekers would have @ @ @ @ @ @ @ through before making it to the U.S. border .
But thanks to the ruling out of Washington D.C. , the government isn ’ t currently enforcing the rule , Justice Department attorney Scott Stewart told a Ninth Circuit panel Friday , reiterating even though the asylum ban isn ’ t being applied , that doesn ’ t moot out the injunction issued in the metering case .
The panel was concerned issuing an order would waste court resources considering the broader asylum ban cases being litigated at the same time across the country @ @ @ @ @ @ @ is not technically moot , but why would it be a good use of judicial resources to decide this case right now when there are two other opinions that are broader than this one that would prevent the kind of activity these plaintiffs are trying to challenge ?
” U.S .
Circuit Judge Michelle T. Friedland , a Barack Obama appointee , asked Stewart .
“ Why would we write a whole opinion on this complicated issue when we ’ re kind of being superseded by these other cases ?
” she added @ @ @ @ @ @ @ to be decided because “ it ’ s hard to know when those developments could be complete ” and a decision in favor of the federal government on one of the other cases could put the rule back into effect .
U.S .
Circuit Judge Ryan D. Nelson , a Donald Trump appointee , questioned whether the court needed to expedite the order if the government plans to enforce the rule , pushing back against Stewart ’ s reasoning , saying , “ If that ’ s the position the government is taking @ @ @ @ @ @ @ push forward quickly.
” But Stewart confirmed : “ We ’ re not saying we don ’ t want to enforce this rule , we ’ re saying we need to be careful in light of a court order saying the rule is vacated.
” Stewart called it a “ double-barreled problem ” Bashant enjoined the federal government from enforcing the asylum ban against class members in a collective action where the asylum ban isn ’ t at issue , metering is .
But on rebuttal , Friedland pointed out the asylum seekers @ @ @ @ @ @ @ asylum rule because they had not “ arrived ” at ports of entry were only waiting in Mexico “ because the government told them to.
” Arguing for the asylum seekers , Mayer Brown attorney Ori Lev said they weren ’ t arguing against their own interest by challenging the status quo set out in the other asylum ban orders because the government could still try to use the rule against the class of asylum seekers .
“ We would be happy if the government would not appeal , if the government conceded @ @ @ @ @ @ @ to any of our class members , ” Lev said .
Lev said if the preliminary injunction was vacated , even though the asylum ban was currently put on hold , his clients could be at risk of harm should the rule be revived in one of the cases challenging it .
U.S .
Circuit Judge John B. Owens , an Obama appointee , rounded out the panel .
The case was taken under submission .

The Ninth Circuit Friday considered whether the Trump administration’s asylum ban could apply to those “metered” at ports of entry and waiting their turn to enter the United States when the ban went into effect last year, a decision which could determine whether an estimated 26,000 people will get their day in Immigration Court.
(CN) — The Ninth Circuit Friday considered whether the Trump administration’s asylum ban could apply to those “metered” at ports of entry and waiting their turn to enter the United States when the ban went into effect last year, a decision which could determine whether an estimated 26,000 people will get their day in Immigration Court.
Friday’s court hearing came less than a week after the same appellate court tossed Trump’s “Third Country Transit Rule” which went into effect in July 16, 2019, and required people fleeing persecution and seeking refuge in the United States must have first sought asylum in a third country they passed through on their way to the U.S. border.
In a separate order out of the District of Columbia earlier this month, another federal judge found the rule had not gone through the required rule-making process before going into effect last summer.
But when prodded by a Ninth Circuit panel in a virtual hearing Friday, both the Justice Department and attorneys for the asylum seekers agreed those cases don’t bear on the metering case out of the Southern District of California because they aren’t challenging the legality of the asylum ban, but whether it could be applied to the class members in the first place.
Those asylum seekers challenging the federal government’s practice of metering — or limiting the amount of asylum seekers accepted at ports of entry — claim they had already “arrived” at the United States and couldn’t be subjected to the new asylum rule because they were following the federal government’s instructions to “wait their turn” across the border in Mexico to be called for their asylum case to be heard.
The estimated 26,000 asylum seekers are caught in the crosshairs of the two Trump administration immigration policies advocates say were enacted to eviscerate the United Nations-guaranteed right.
U.S. District Judge Cynthia Bashant agreed, finding last fall the federal government couldn’t employ bait-and-switch tactics to apply new restrictions to block migrants from making humanitarian claims at U.S. ports of entry, noting the class members “did exactly what the government told them to do.”
Bashant preliminarily enjoined the government from applying the asylum rule to those who had arrived at ports of entry before the rule went into effect last July.
The Ninth Circuit refused the Justice Department's request to block the lower court’s injunction, pending the hearing Friday on the Justice Department’s appeal.
In its brief, the Justice Department claimed the asylum rule was created to “screen out” those who don’t really have urgent persecution claims, with the logic being if they truly were in fear for their life, asylum seekers would have sought refuge in other countries they passed through before making it to the U.S. border.
But thanks to the ruling out of Washington D.C., the government isn’t currently enforcing the rule, Justice Department attorney Scott Stewart told a Ninth Circuit panel Friday, reiterating even though the asylum ban isn’t being applied, that doesn’t moot out the injunction issued in the metering case.
The panel was concerned issuing an order would waste court resources considering the broader asylum ban cases being litigated at the same time across the country.
“I understand why this case is not technically moot, but why would it be a good use of judicial resources to decide this case right now when there are two other opinions that are broader than this one that would prevent the kind of activity these plaintiffs are trying to challenge?” U.S. Circuit Judge Michelle T. Friedland, a Barack Obama appointee, asked Stewart.
“Why would we write a whole opinion on this complicated issue when we’re kind of being superseded by these other cases?” she added.
Stewart said the injunction challenge needed to be decided because “it’s hard to know when those developments could be complete” and a decision in favor of the federal government on one of the other cases could put the rule back into effect.
U.S. Circuit Judge Ryan D. Nelson, a Donald Trump appointee, questioned whether the court needed to expedite the order if the government plans to enforce the rule, pushing back against Stewart’s reasoning, saying, “If that’s the position the government is taking, it does undermine our need to push forward quickly.”
But Stewart confirmed: “We’re not saying we don’t want to enforce this rule, we’re saying we need to be careful in light of a court order saying the rule is vacated.”
Stewart called it a “double-barreled problem” Bashant enjoined the federal government from enforcing the asylum ban against class members in a collective action where the asylum ban isn’t at issue, metering is.
But on rebuttal, Friedland pointed out the asylum seekers Stewart claims are now subjected to the asylum rule because they had not “arrived” at ports of entry were only waiting in Mexico “because the government told them to.”
Arguing for the asylum seekers, Mayer Brown attorney Ori Lev said they weren’t arguing against their own interest by challenging the status quo set out in the other asylum ban orders because the government could still try to use the rule against the class of asylum seekers.
“We would be happy if the government would not appeal, if the government conceded that the rule would not be applied to any of our class members,” Lev said.
Lev said if the preliminary injunction was vacated, even though the asylum ban was currently put on hold, his clients could be at risk of harm should the rule be revived in one of the cases challenging it.
U.S. Circuit Judge John B. Owens, an Obama appointee, rounded out the panel.
The case was taken under submission.