courthousenews--2020-08-28--New York Times Can’t Duck Sarah Palin Defamation Suit

MANHATTAN ( CN ) — Former Governor Sarah Palin can take the New York Times to trial for a since-retracted editorial linking her to the shooting rampage that killed six people and wounded Congresswoman Gabrielle Giffords , a federal judge ruled late on Friday .
The trial , currently scheduled for Feb. 1 next year , will turn on whether the Times and its editor James Bennet acted with actual malice by printing the quickly discarded claim .
“ The fact that Bennet and the Times were so quick to print a correction is , on the one hand , @ @ @ @ @ @ @ of a lack of actual malice , ” U.S. District Judge Jed Rakoff wrote in a 36-page ruling .
“ But , on the other hand , a reasonable jury could conclude that Bennet ’ s reaction and the Times ’ correction may also be probative of a prior intent to assert the existence of such a direct link , for why else the need to correct ?
” Palin ’ s attorneys Shane Vogt and Ken Turkel , from the Tampa-based firm Bajo Cuva Cohen Turkel , said that they look forward @ @ @ @ @ @ @ the court ’ s ruling and careful consideration of the merits of this case , ” they wrote in an email .
On June 15 , 2017 , the Times ran an editorial titled “ America ’ s Lethal Politics ” connecting the nation ’ s pattern of mass shootings to overheated political rhetoric , citing the shooting rampage by Jared Lee Loughner as one example .
Loughner ’ s massacre fell after Palin ’ s political action committee disseminated a map that put crosshairs over Giffords ’ electoral district .
The fact @ @ @ @ @ @ @ editorial ’ s suggestion of a link between those events less than a day later did not prevent Palin ’ s lawsuit less than two weeks later .
Though Judge Rakoff initially dismissed the case , the Second Circuit revived the governor ’ s lawsuit last year .
Palin claimed that no trial would be needed because she claimed her evidence was strong , but the judge reminded her of a longtime Supreme Court precedent protecting news organizations from defamation claims by public figures .
“ More precisely , [ Palin ’ s @ @ @ @ @ @ @ rule , which was first articulated more than half a century ago in the days before the Internet and social media , has run its course and should no longer govern our contemporary media landscape , ” Rakoff wrote .
“ Binding precedent does not , however , come with an expiration date .
To the extent plaintiff believes the actual malice requirement ought to be abolished , she could make that argument to the appropriate court — the Supreme Court .
Until then , public figures , like plaintiff , must establish @ @ @ @ @ @ @ ” Palin plans to argue at trial that Bennet had an agenda that made him add the disputed language , which was not in editorial writer Elizabeth Williamson ’ s original draft .
That draft included a hyperlink to a contemporaneous ABC News article that reported : “ No connection has been made between [ the Map ] and the Arizona shooting.
” “ Once again , there is considerable evidence that [ the Times and Bennet ] mount to support the notion that Bennet simply drew the innocent inference that a political @ @ @ @ @ @ @ s district might well invite an increased climate of violence with respect to her , ” Rakoff wrote .
But Rakoff added that Palin can argue to the jury that Bennet “ came up with an angle for the editorial , ignored the articles brought to his attention that were inconsistent with his angle , disregarded the results the Williamson research that he commissioned , and ultimately made the point he set out to make in reckless disregard of the truth.
” Counsel for the New York Times did not immediately respond to @ @ @ @ @

Former Governor Sarah Palin can take the New York Times to trial for a since-retracted editorial linking her to the shooting rampage that killed six people and wounded Congresswoman Gabrielle Giffords, a federal judge ruled late on Friday.
MANHATTAN (CN) — Former Governor Sarah Palin can take the New York Times to trial for a since-retracted editorial linking her to the shooting rampage that killed six people and wounded Congresswoman Gabrielle Giffords, a federal judge ruled late on Friday.
The trial, currently scheduled for Feb. 1 next year, will turn on whether the Times and its editor James Bennet acted with actual malice by printing the quickly discarded claim.
“The fact that Bennet and the Times were so quick to print a correction is, on the one hand, evidence that a jury might find corroborative of a lack of actual malice,” U.S. District Judge Jed Rakoff wrote in a 36-page ruling. “But, on the other hand, a reasonable jury could conclude that Bennet’s reaction and the Times’ correction may also be probative of a prior intent to assert the existence of such a direct link, for why else the need to correct?”
Palin’s attorneys Shane Vogt and Ken Turkel, from the Tampa-based firm Bajo Cuva Cohen Turkel, said that they look forward to trial.
“Governor Palin appreciates the court’s ruling and careful consideration of the merits of this case,” they wrote in an email.
On June 15, 2017, the Times ran an editorial titled “America’s Lethal Politics” connecting the nation’s pattern of mass shootings to overheated political rhetoric, citing the shooting rampage by Jared Lee Loughner as one example. Loughner’s massacre fell after Palin’s political action committee disseminated a map that put crosshairs over Giffords’ electoral district.
The fact that the Times started walking back the editorial’s suggestion of a link between those events less than a day later did not prevent Palin’s lawsuit less than two weeks later.
Though Judge Rakoff initially dismissed the case, the Second Circuit revived the governor’s lawsuit last year.
Palin claimed that no trial would be needed because she claimed her evidence was strong, but the judge reminded her of a longtime Supreme Court precedent protecting news organizations from defamation claims by public figures.
“More precisely, [Palin’s] argument is that the actual malice rule, which was first articulated more than half a century ago in the days before the Internet and social media, has run its course and should no longer govern our contemporary media landscape,” Rakoff wrote.
“Binding precedent does not, however, come with an expiration date. To the extent plaintiff believes the actual malice requirement ought to be abolished, she could make that argument to the appropriate court — the Supreme Court. Until then, public figures, like plaintiff, must establish actual malice before collecting damages for defamation.”
Palin plans to argue at trial that Bennet had an agenda that made him add the disputed language, which was not in editorial writer Elizabeth Williamson’s original draft. That draft included a hyperlink to a contemporaneous ABC News article that reported: “No connection has been made between [the Map] and the Arizona shooting.”
“Once again, there is considerable evidence that [the Times and Bennet] mount to support the notion that Bennet simply drew the innocent inference that a political circular showing crosshairs over a Congressperson’s district might well invite an increased climate of violence with respect to her,” Rakoff wrote.
But Rakoff added that Palin can argue to the jury that Bennet “came up with an angle for the editorial, ignored the articles brought to his attention that were inconsistent with his angle, disregarded the results the Williamson research that he commissioned, and ultimately made the point he set out to make in reckless disregard of the truth.”
A spokesperson for The Times said they were disappointed with the ruling, "but are confident we will prevail at trial when a jury hears the facts."


courthousenews--2020-08-28--‘Say Her Name’: Thousands Rally in Washington for Racial Justice

WASHINGTON ( CN ) — From the steps of the Lincoln Memorial where Martin Luther King Jr. ’ s voice rang out in a clarion call for justice 57 years ago , Breonna Taylor ’ s mother heard tens of thousands gathered around the reflecting pool cry out her daughter ’ s name in thundering unison Friday .
In small parks and beneath lush trees , in blazing sun or gathered under patches of shade , throngs of demonstrators showed solidarity with Tamika Palmer – the mother of the 26-year-old Black woman shot eight times by Louisville police as she @ @ @ @ @ @ @ ’ s steps .
She was surrounded closely by March on Washington organizers and keynote speakers including Martin Luther King III , the Reverend Al Sharpton , and a host of veteran civil rights advocates and Democratic lawmakers like Texas U.S .
Representatives Sheila Jackson Lee and Al Green , Ohio Representative Joyce Beatty .
Sharpton called out a constant refrain heard at protests which have sustained throughout the United States for months .
“ Say her name , ” Sharpton said to chants of “ Breonna Taylor ” reverberating back .
Palmer @ @ @ @ @ @ @ echoing one offered before by Martin Luther King Jr. from the same spot in 1963 , just five short years before the civil rights leader was assassinated in Memphis , Tennessee .
“ What we need is change , and we ’ re at the point to get that change , but we have to stand together , ” Palmer said .
The March on Washington anniversary protest – nicknamed the “ Get Your Knees Off Our Neck ” march , in reference to the death of George Floyd in Minneapolis – comes @ @ @ @ @ @ @ and emotional fragility similar to the civil rights movement in the 1960s .
When Floyd ’ s brother , Philonise Floyd , came to the podium Friday , he was overwhelmed with emotion .
Another chant , this time of his brother ’ s name , rang out for nearly 30 seconds while he paused to gather his composure .
Surrounded by family , Philonise Floyd wore a mask and shirt depicting a heart monitor flatline superimposed over 8 minutes and 46 seconds — the amount of time Minnesota Police Officer Derek Chauvin @ @ @ @ @ @ @ before he died on Memorial Day .
Each family member ’ s shirt read “ Justice for George ” and “ I Can ’ t Breathe.
” “ I wish George were here to see this right now , ” Philonse Floyd said before naming several recent victims of police violence .
“ That ’ s who I ’ m marching for .
I ’ m marching for George .
For Breonna .
For Ahmad .
For Jacob .
For Pamela Turner .
For Michael Brown .
Trayvon and anybody else who lost @ @ @ @ @ @ @ offering hope for the future , Martin Luther King III , the oldest son of the civil rights icon , spoke for roughly 20 minutes , discussing the need to end discriminatory voter ID requirements and stop attempts by President Donald Trump ’ s administration from continuing its push to “ cutback votes by mail and disenfranchise those who have served their time and paid their debt to society.
” The enduring threat of the Covid-19 pandemic – which has infected over 5 million Americans and killed over 180,000 , having a particularly @ @ @ @ @ @ @ has amplified the risk to secure voting this November , King said .
But he said the sacrifices and blood shed by civil rights giants like the late John Lewis – whose eponymous bill , the Voting Rights Advancement Act , now languishes on Republican Senate Majority Leader Mitch McConnell ’ s desk – or the arrests and beatings endured by those like Fannie Lou Hamer or the Reverend C.T .
Vivian means voters today must make an effort to ensure their ballots are cast .
“ No person , no people are @ @ @ @ @ @ @ disenfranchisement than those who suffer from .
There ’ s a knee upon the neck of our democracy and our nation can only live so long without oxygen or freedom , ” King said .
Calling on people to make a plan for themselves and their families , neighbors and employers for Election Day , he added to resounding applause from the thousands before him : “ If our forefathers were willing to die for the right to vote , we can work for the right to vote.
” Before flying to Washington @ @ @ @ @ @ @ , Congressman Al Green shared his reflections with Courthouse News on how he would warm up Friday ’ s crowd .
Both King and his father marched for a living wage and against police misconduct , but America should have heeded the civil rights leader ’ s warning when he said “ injustice anywhere is a threat to justice everywhere , ” Green reflected .
“ My thoughts have been about his father and what his father came to Washington for and demanded 57 years ago and now we have his son , @ @ @ @ @ @ @ making demands , ” he said .
“ Which says that although a lot has changed … some things still remain the same.
” The death of Jacob Blake – a 29-year-old Black man shot seven times in the back by Kenosha Police Officer Rusten Sheskey , a white man , on Sunday – has catalyzed protests in Wisconsin that have been met with violence , not unlike the late Congressman Lewis ’ 1965 march from Selma to Montgomery , Alabama , in defense of Black voting rights .
Like a dying sun @ @ @ @ @ @ @ other inhibitors to change were the fiercest before they were extinguished .
“ A star as it reaches the end of its existence , it emits all of its force , it gets extremely bright and then it goes dark , ” Green said .
“ There is this movement among those whose white privilege is an advantage , to do all that they can to hold onto it : change the voting rights law , change the way that the postal office delivers ballots , do everything that you can to hold @ @ @ @ @ @ @ s just an indication that they ’ re getting much closer to the end of their advantage that they have by being beneficiaries of white privilege.
” But against that force a greater , undeniable one will blow across the National Mall and eventually the nation , he said .
“ Today I can sense , and I believe the people in this country can sense , the inescapable winds of inevitable change , ” Green said .
“ This was the case when Dr. King from 57 years ago led the March @ @ @ @ @ @ @ movement for change.
” He added , “ So today we are again seeing the inescapable winds of inevitable change and they ’ re sweeping across the country in ways that we can see .
You can see it in the sense that the status quo is being challenged as it has never been challenged before .
”

From the steps of the Lincoln Memorial where Martin Luther King Jr.’s voice rang out in a clarion call for justice 57 years ago, Breonna Taylor’s mother heard tens of thousands gathered around the reflecting pool cry out her daughter’s name in thundering unison.
WASHINGTON (CN) — From the steps of the Lincoln Memorial where Martin Luther King Jr.’s voice rang out in a clarion call for justice 57 years ago, Breonna Taylor’s mother heard tens of thousands gathered around the reflecting pool cry out her daughter’s name in thundering unison Friday.
In small parks and beneath lush trees, in blazing sun or gathered under patches of shade, throngs of demonstrators showed solidarity with Tamika Palmer – the mother of the 26-year-old Black woman shot eight times by Louisville police as she slept – who spoke from the memorial’s steps.
She was surrounded closely by March on Washington organizers and keynote speakers including Martin Luther King III, the Reverend Al Sharpton, and a host of veteran civil rights advocates and Democratic lawmakers like Texas U.S. Representatives Sheila Jackson Lee and Al Green, Ohio Representative Joyce Beatty.
Sharpton called out a constant refrain heard at protests which have sustained throughout the United States for months.
“Say her name,” Sharpton said to chants of “Breonna Taylor” reverberating back.
Palmer expressed gratitude as well as a message echoing one offered before by Martin Luther King Jr. from the same spot in 1963, just five short years before the civil rights leader was assassinated in Memphis, Tennessee.
"What we need is change, and we're at the point to get that change, but we have to stand together,” Palmer said.
The March on Washington anniversary protest - nicknamed the “Get Your Knees Off Our Neck” march, in reference to the death of George Floyd in Minneapolis - comes during a moment of heightened national economic and emotional fragility similar to the civil rights movement in the 1960s.
When Floyd’s brother, Philonise Floyd, came to the podium Friday, he was overwhelmed with emotion.
Another chant, this time of his brother’s name, rang out for nearly 30 seconds while he paused to gather his composure.
Surrounded by family, Philonise Floyd wore a mask and shirt depicting a heart monitor flatline superimposed over 8 minutes and 46 seconds — the amount of time Minnesota Police Officer Derek Chauvin knelt on the 46-year-old’s neck before he died on Memorial Day.
A diverse crowd gathered en masse around the Lincoln Memorial and reflecting pool on Friday, Aug. 28, 2020, to listen to speakers like Martin Luther King III. (Courthouse News photo/Brandi Buchman)
Each family member’s shirt read “Justice for George” and “I Can’t Breathe.”
“I wish George were here to see this right now,” Philonse Floyd said before naming several recent victims of police violence. “That’s who I’m marching for. I’m marching for George. For Breonna. For Ahmad. For Jacob. For Pamela Turner. For Michael Brown. Trayvon and anybody else who lost their life.”
Honoring the past and offering hope for the future, Martin Luther King III, the oldest son of the civil rights icon, spoke for roughly 20 minutes, discussing the need to end discriminatory voter ID requirements and stop attempts by President Donald Trump’s administration from continuing its push to “cutback votes by mail and disenfranchise those who have served their time and paid their debt to society.”
The enduring threat of the Covid-19 pandemic – which has infected over 5 million Americans and killed over 180,000, having a particularly devastating impact on communities of color – has amplified the risk to secure voting this November, King said.
But he said the sacrifices and blood shed by civil rights giants like the late John Lewis – whose eponymous bill, the Voting Rights Advancement Act, now languishes on Republican Senate Majority Leader Mitch McConnell’s desk – or the arrests and beatings endured by those like Fannie Lou Hamer or the Reverend C.T. Vivian means voters today must make an effort to ensure their ballots are cast.
“No person, no people are more keenly aware of the risks of disenfranchisement than those who suffer from. There’s a knee upon the neck of our democracy and our nation can only live so long without oxygen or freedom,” King said.
Calling on people to make a plan for themselves and their families, neighbors and employers for Election Day, he added to resounding applause from the thousands before him: “If our forefathers were willing to die for the right to vote, we can work for the right to vote.”
Before flying to Washington from Houston to introduce King on Friday, Congressman Al Green shared his reflections with Courthouse News on how he would warm up Friday’s crowd.
Both King and his father marched for a living wage and against police misconduct, but America should have heeded the civil rights leader’s warning when he said “injustice anywhere is a threat to justice everywhere,” Green reflected.
A protester carries a sign in Washington on Friday, Aug. 28, 2020, honoring the life of George Floyd, who was killed by police on Memorial Day. (Courthouse News photo/Brandi Buchman)
“My thoughts have been about his father and what his father came to Washington for and demanded 57 years ago and now we have his son, standing there in Washington, D.C., making demands,” he said. “Which says that although a lot has changed … some things still remain the same.”
The shooting of Jacob Blake – a 29-year-old Black man shot seven times in the back by Kenosha Police Officer Rusten Sheskey, a white man, on Sunday – has catalyzed protests in Wisconsin that have been met with violence, not unlike the late Congressman Lewis’ 1965 march from Selma to Montgomery, Alabama, in defense of Black voting rights.
Like a dying sun, Green said, white supremacy and other inhibitors to change were the fiercest before they were extinguished.
“A star as it reaches the end of its existence, it emits all of its force, it gets extremely bright and then it goes dark,” Green said. “There is this movement among those whose white privilege is an advantage, to do all that they can to hold onto it: change the voting rights law, change the way that the postal office delivers ballots, do everything that you can to hold onto this privilege. But that’s just an indication that they’re getting much closer to the end of their advantage that they have by being beneficiaries of white privilege.”
But against that force a greater, undeniable one will blow across the National Mall and eventually the nation, he said.
“Today I can sense, and I believe the people in this country can sense, the inescapable winds of inevitable change,” Green said. “This was the case when Dr. King from 57 years ago led the March on Washington. There was this huge movement for change.”
He added, “So today we are again seeing the inescapable winds of inevitable change and they’re sweeping across the country in ways that we can see. You can see it in the sense that the status quo is being challenged as it has never been challenged before.”


courthousenews--2020-08-28--Wisconsin GOP Relents, Agrees to Special Session on Police Reform

MADISON , Wis. ( CN ) — Republican leaders in the Wisconsin Legislature announced Friday they will convene for a special session asked for by the Democratic governor to address rafts of police reform bills in light of the shooting of a Black man by a white police officer in Kenosha that has led to days of unrest nationwide .
Governor Tony Evers called for the special session Monday as the Badger State reeled after Jacob Blake , 29 , was shot in the back seven times by officer Rusten Sheskey .
Blake was trying to enter his car as @ @ @ @ @ @ @ domestic incident .
In the aftermath of the Sunday shooting , Kenosha became embroiled in days of chaotic protests featuring dozens of burning cars and businesses , protesters wielding rocks and water bottles clashing with riot police who deployed tear gas and rubber bullets , and a state of emergency with hundreds of mobilized Wisconsin National Guard and federal troops .
The turbulence reached a fever pitch Tuesday night with a shooting that left two dead and another person injured .
Authorities say the gunman was Kyle Rittenhouse , a 17-year-old counter-protester and @ @ @ @ @ @ @ his home in Antioch , Illinois , to protect businesses and assist police in quelling the protests .
Rittenhouse has been charged with reckless and intentional homicide in Kenosha , for which he will be treated as an adult per Wisconsin law .
He has a hearing in the 19th Judicial Circuit Court in Lake County , Illinois on Sept. 25 regarding his potential extradition to Wisconsin .
If convicted , he faces life in prison .
Responses from Wisconsin Republicans to the idea of a special session this week have ranged from @ @ @ @ @ @ @ s announcement indicates the issue has officially been forced by the tragedies in Kenosha .
State Senate Majority Leader Scott Fitzgerald , R-Juneau , who is running for Congress in November , issued a statement Friday ahead of the special session convening on Aug. 31 “ in light of the events that have transpired this week in Kenosha.
” Monday ’ s will be a skeletal session , meaning a limited number of legislators will convene in Madison to read from a script and gavel in the session , according to a spokesman @ @ @ @ @ @ @ will be no bills taken up or debates Monday , and the timeline for the extent of the session remains unclear .
According to Fitzgerald , “ there will be dozens of proposals that the Legislature will work through in the coming months.
” Fitzgerald said he would like to see legislation that enhances penalties for violence against police , firefighters and EMTs , as “ the riots in Kenosha and Madison this week further demonstrated that first responders are performing their public service duties at great risk to their personal safety.
” @ @ @ @ @ @ @ dialogue on how to improve law enforcement standards while at the same time ensuring police officers have the resources they need to keep our communities safe , ” the senator said .
Evers introduced nine bills when he called for the session on Monday , including those that would ban no-knock warrants and chokeholds , require officers to undergo eight hours of de-escalation and use-of-force training annually , and make law enforcement agencies maintain employee files for each officer and disclose those files when an officer seeks a job with a new agency @ @ @ @ @ @ @ have been working on legislation of their own to improve police transparency and accountability .
State Senator Van Wanggaard , R-Racine , rolled out a series of legislative proposals called the Public Safety PACT on Wednesday .
The eight bills in the PACT have been developed over months and , in some cases , years , with bipartisan support according to a statement announcing the legislative package .
Highlights of the bills include the creation of a new investigatory review board to identify root causes of use-of-force incidents in order to learn from @ @ @ @ @ @ @ reforms to Milwaukee and Madison ’ s police and fire oversight boards , as well as modifications of several of Evers ’ bills .
Wanggaard , a 30-year veteran of the Racine Police Department before becoming a state senator , also included in his PACT what he termed “ a maintenance of effort requirement for police funding.
” That proposal would reduce a municipality ’ s aid payments from the state if they make cuts to police funding .
The notion drew immediate rebukes from Wisconsin liberals , including Milwaukee Alderman Khalif Rainey @ @ @ @ @ @ @ roasting what he called “ a crappy and harmful idea , ” in a prepared statement released Thursday .
“ So in the midst of widescale local , state , national and global public conversations about transforming how cities and communities provide police services , and with demands for action against police brutality and for better police accountability and transparency , Senator Wanggaard wants to trample local control and smack any Wisconsin municipality that decides on its own to reduce police funding !
” Rainey said .
Wanggaard seemed to concede in his @ @ @ @ @ @ @ reform could be a rocky one , although he hopes to pass the PACT bills early in the 2021 legislative session .
“ I am hopeful this package will continue to have bipartisan support and be signed into law by the governor .
But that ’ s not guaranteed , ” he said .
“ I recognize that I , and supporters of the bills , need to do the legwork in the coming weeks and months to earn our votes .
That ’ s how legislating and leadership works .
”

Republican leaders in the Wisconsin Legislature announced Friday they will convene for a special session asked for by the Democratic governor to address rafts of police reform bills in light of the shooting of a Black man by a white police officer in Kenosha that has led to days of unrest nationwide.
MADISON, Wis. (CN) — Republican leaders in the Wisconsin Legislature announced Friday they will convene for a special session asked for by the Democratic governor to address rafts of police reform bills in light of the shooting of a Black man by a white police officer in Kenosha that has led to days of unrest nationwide.
Governor Tony Evers called for the special session Monday as the Badger State reeled after Jacob Blake, 29, was shot in the back seven times by officer Rusten Sheskey. Blake was trying to enter his car as Kenosha police were responding to a reported domestic incident.
In the aftermath of the Sunday shooting, Kenosha became embroiled in days of chaotic protests featuring dozens of burning cars and businesses, protesters wielding rocks and water bottles clashing with riot police who deployed tear gas and rubber bullets, and a state of emergency with hundreds of mobilized Wisconsin National Guard and federal troops.
The turbulence reached a fever pitch Tuesday night with a shooting that left two dead and another person injured. Authorities say the gunman was Kyle Rittenhouse, a 17-year-old counter-protester and self-styled militiaman who came to Kenosha from his home in Antioch, Illinois, to protect businesses and assist police in quelling the protests.
Rittenhouse has been charged with reckless and intentional homicide in Kenosha, for which he will be treated as an adult per Wisconsin law. He has a hearing in the 19th Judicial Circuit Court in Lake County, Illinois on Sept. 25 regarding his potential extradition to Wisconsin. If convicted, he faces life in prison.
Responses from Wisconsin Republicans to the idea of a special session this week have ranged from lukewarm to silent, but Friday’s announcement indicates the issue has officially been forced by the tragedies in Kenosha.
State Senate Majority Leader Scott Fitzgerald, R-Juneau, who is running for Congress in November, issued a statement Friday ahead of the special session convening on Aug. 31 “in light of the events that have transpired this week in Kenosha.”
Monday’s will be a skeletal session, meaning a limited number of legislators will convene in Madison to read from a script and gavel in the session, according to a spokesman from Fitzgerald’s office. There will be no bills taken up or debates Monday, and the timeline for the extent of the session remains unclear. According to Fitzgerald, “there will be dozens of proposals that the Legislature will work through in the coming months.”
Fitzgerald said he would like to see legislation that enhances penalties for violence against police, firefighters and EMTs, as “the riots in Kenosha and Madison this week further demonstrated that first responders are performing their public service duties at great risk to their personal safety.”
“We look forward to a productive dialogue on how to improve law enforcement standards while at the same time ensuring police officers have the resources they need to keep our communities safe,” the senator said.
Evers introduced nine bills when he called for the session on Monday, including those that would ban no-knock warrants and chokeholds, require officers to undergo eight hours of de-escalation and use-of-force training annually, and make law enforcement agencies maintain employee files for each officer and disclose those files when an officer seeks a job with a new agency.
GOP lawmakers in the Badger State have been working on legislation of their own to improve police transparency and accountability.
State Senator Van Wanggaard, R-Racine, rolled out a series of legislative proposals called the Public Safety PACT on Wednesday.
The eight bills in the PACT have been developed over months and, in some cases, years, with bipartisan support according to a statement announcing the legislative package.
Highlights of the bills include the creation of a new investigatory review board to identify root causes of use-of-force incidents in order to learn from and prevent them in the future and reforms to Milwaukee and Madison’s police and fire oversight boards, as well as modifications of several of Evers’ bills.
Wanggaard, a 30-year veteran of the Racine Police Department before becoming a state senator, also included in his PACT what he termed “a maintenance of effort requirement for police funding.” That proposal would reduce a municipality’s aid payments from the state if they make cuts to police funding.
The notion drew immediate rebukes from Wisconsin liberals, including Milwaukee Alderman Khalif Rainey. Rainey did not mince words in roasting what he called “a crappy and harmful idea,” in a prepared statement released Thursday.
“So in the midst of widescale local, state, national and global public conversations about transforming how cities and communities provide police services, and with demands for action against police brutality and for better police accountability and transparency, Senator Wanggaard wants to trample local control and smack any Wisconsin municipality that decides on its own to reduce police funding!” Rainey said.
Wanggaard seemed to concede in his rollout Wednesday that the road to police reform could be a rocky one, although he hopes to pass the PACT bills early in the 2021 legislative session.
“I am hopeful this package will continue to have bipartisan support and be signed into law by the governor. But that’s not guaranteed,” he said. “I recognize that I, and supporters of the bills, need to do the legwork in the coming weeks and months to earn our votes. That’s how legislating and leadership works.”


courthousenews--2020-08-28--Venezuela Using Coronavirus to Crack Down on Dissidents

( CN ) — As Venezuelans struggle with drinking water and gasoline shortages , its government is cracking down on nurses , lawyers , doctors and journalists , jailing them and charging them with “ incitement to hatred ” for criticizing its Covid-19 response and publishing info about the pandemic , according to a new report .
Human Rights Watch , a Washington nonprofit , examined accounts of hundreds of arrests by Venezuelan media outlets and nongovernmental organizations for its report , “ Venezuela : A Police State Lashes Out Amid Covid-19.
” President Nicolás Maduro declared a state of @ @ @ @ @ @ @ cases surfaced and has implemented strict nationwide quarantines with curfews enforced by military troops , national police and armed pro-government groups called “ colectivos.
” The government is now imposing strict restrictions for a week followed by one week of eased measures under its “ 7+7 ” plan .
The country ’ s official count is 42,898 Covid-19 cases and 358 deaths .
But experts say it ’ s impossible to determine the true scope of the pandemic because the government does not publish info about suspected cases .
According to the government @ @ @ @ @ @ @ patients and the country has thousands of ventilators .
But a national hospital survey done last year by the NGO Médicos por la Salud ( Doctors for Health ) found hospitals only had 84 of the machines , and only 9 % of hospitals had “ regular and continuous ” running water .
Human Rights Watch says Maduro ’ s regime is using a 2017 law forbidding citizens from publishing messages of intolerance and hatred as grounds to charge critics with incitement to hatred for which the punishment is up to 20 years @ @ @ @ @ @ @ 25-year-old freelance journalist , started gathering info about the pandemic and posted it online in March , the report says .
On March 20 , he reported there were 47 confirmed Covid-19 cases in Miranda state .
The next night , five officers from a special forces military unit came to Rojas ’ home without a warrant , claiming they had received an anonymous tip about a Covid case at the address .
“ The officers hit Rojas ’ father in the head , pushed his aunt to the floor , and threatened @ @ @ @ @ @ @ who were recording these actions .
They seized computers and cellphones , which have yet to be returned , ” the report states .
They took Rojas to a military station where they demanded he share his case-number sources .
He was released April 2 but is facing charges of incitement to hatred for publishing false info to destabilize the government .
Bioanalyst Andrea Sayago sent a WhatsApp message to her colleagues warning them to take precautions against the virus after running tests on the first patient diagnosed with Covid-19 in a hospital @ @ @ @ @ @ @ report says .
The next day , the hospital ’ s directors forced her to resign .
They said her messages constituted terrorism and if she did not resign , she would be arrested and prosecuted , Human Rights Watch says .
Despite her resignation , government agents took Sayago in for questioning and on April 6 she was charged with misuse of privileged info by a public official and put on house arrest pending trial , the nonprofit says in the report .
The report says defendants ’ release from custody is @ @ @ @ @ @ @ every 10 days due to the lockdown Lawyers are also being targeted by the government , Human Rights Watch says .
Two police stopped Iván Virgüez , a 65-year-old lawyer and president of DantaKultura , a civil rights group , on the street on April 18 and took him to their precinct .
Virgüez had criticized the government for housing Venezuelans returning from Columbia in quarantine centers .
An estimated 1.8 million Venezuelans live in neighboring Columbia and many started returning home this spring when they lost their livelihoods after Columbia instituted its @ @ @ @ @ @ @ government is reportedly holding Venezuelans returning to the country in hotels , schools and bus stations for weeks or months in crowded windowless rooms with limited water and food and forcing some to take hydroxychloroquine and ivermectin , an anti-parasite drug , neither of which are proven treatments for the virus .
Venezuela only lets 1,200 people from the quarantine centers return through its main port of entry each week .
In some cities , police are searching for people who crossed back into Venezuela on backwoods trails , circumventing border crossings , @ @ @ @ @ @ @ bioterrorists ” and telling neighbors to inform on them , the New York Times reported .
For speaking out against the quarantine centers , Humans Rights Watch says , Virgüez was handcuffed to a 2-foot metal tube in a jail yard for two hours before being placed in a small cell with seven other people .
“ Virgüez appeared in court and was charged with public disturbance , contempt , defamation of authorities and instigation of rebellion , ” the report states .
He is under house arrest and can only leave for @ @ @ @ @ @ @ Venezuela is one of the most oil-rich nations in the world , it is rationing gasoline because its state oil company Petróleos de Venezuela S.A. , is only refining 101,000 barrels of crude a day , Reuters reported in March .
PDVSA ’ s income has dried up since President Donald Trump ’ s administration imposed sanctions barring it from selling crude to U.S. refiners , once its biggest customers .
American companies are also barred from selling Venezuela the light oil PDVSA needs to dilute its heavy crude and make it suitable @ @ @ @ @ @ @ United States is one of dozens of countries that does not recognize Maduro as Venezuela ’ s legitimate president .
They say opposition leader Juan Guaidó is the rightful leader .
Guaidó , leader of Venezuela ’ s National Assembly , claims Maduro ’ s 2018 re-election was unlawful because the regime jailed and disqualified opposition candidates .
A defiant Maduro has remained in power thanks to backing from China , Russia and Turkey , and his firm grip on the country ’ s military , national police and PDVSA .
The coronavirus @ @ @ @ @ @ @ build public support to oust Maduro .

As Venezuelans struggle with drinking water and gasoline shortages, its government is cracking down on nurses, lawyers, doctors and journalists, jailing them and charging them with “incitement to hatred” for criticizing its Covid-19 response and publishing info about the pandemic, according to a new report.
(CN) — As Venezuelans struggle with drinking water and gasoline shortages, its government is cracking down on nurses, lawyers, doctors and journalists, jailing them and charging them with “incitement to hatred” for criticizing its Covid-19 response and publishing info about the pandemic, according to a new report.
Human Rights Watch, a Washington nonprofit, examined accounts of hundreds of arrests by Venezuelan media outlets and nongovernmental organizations for its report, “Venezuela: A Police State Lashes Out Amid Covid-19.”
President Nicolás Maduro declared a state of emergency in mid-March after the first Covid-19 cases surfaced and has implemented strict nationwide quarantines with curfews enforced by military troops, national police and armed pro-government groups called “colectivos.”
The government is now imposing strict restrictions for a week followed by one week of eased measures under its “7+7” plan.
The country’s official count is 42,898 Covid-19 cases and 358 deaths. But experts say it’s impossible to determine the true scope of the pandemic because the government does not publish info about suspected cases.
According to the government, there are 46 hospitals taking Covid-19 patients and the country has thousands of ventilators.
But a national hospital survey done last year by the NGO Médicos por la Salud (Doctors for Health) found hospitals only had 84 of the machines, and only 9% of hospitals had “regular and continuous” running water.
Human Rights Watch says Maduro’s regime is using a 2017 law forbidding citizens from publishing messages of intolerance and hatred as grounds to charge critics with incitement to hatred for which the punishment is up to 20 years in prison.
Darvinson Rojas, a 25-year-old freelance journalist, started gathering info about the pandemic and posted it online in March, the report says. On March 20, he reported there were 47 confirmed Covid-19 cases in Miranda state.
The next night, five officers from a special forces military unit came to Rojas’ home without a warrant, claiming they had received an anonymous tip about a Covid case at the address.
“The officers hit Rojas’ father in the head, pushed his aunt to the floor, and threatened to confiscate the cell phones of neighbors who were recording these actions. They seized computers and cellphones, which have yet to be returned,” the report states.
They took Rojas to a military station where they demanded he share his case-number sources. He was released April 2 but is facing charges of incitement to hatred for publishing false info to destabilize the government.
Bioanalyst Andrea Sayago sent a WhatsApp message to her colleagues warning them to take precautions against the virus after running tests on the first patient diagnosed with Covid-19 in a hospital in the city of Valera, the report says.
The next day, the hospital’s directors forced her to resign. They said her messages constituted terrorism and if she did not resign, she would be arrested and prosecuted, Human Rights Watch says.
Despite her resignation, government agents took Sayago in for questioning and on April 6 she was charged with misuse of privileged info by a public official and put on house arrest pending trial, the nonprofit says in the report.
The report says defendants’ release from custody is being delayed because courts are only open every 10 days due to the lockdown
Lawyers are also being targeted by the government, Human Rights Watch says.
Two police stopped Iván Virgüez, a 65-year-old lawyer and president of DantaKultura, a civil rights group, on the street on April 18 and took him to their precinct.
Virgüez had criticized the government for housing Venezuelans returning from Columbia in quarantine centers.
An estimated 1.8 million Venezuelans live in neighboring Columbia and many started returning home this spring when they lost their livelihoods after Columbia instituted its own lockdowns against the virus.
The government is reportedly holding Venezuelans returning to the country in hotels, schools and bus stations for weeks or months in crowded windowless rooms with limited water and food and forcing some to take hydroxychloroquine and ivermectin, an anti-parasite drug, neither of which are proven treatments for the virus.
Venezuela only lets 1,200 people from the quarantine centers return through its main port of entry each week.
In some cities, police are searching for people who crossed back into Venezuela on backwoods trails, circumventing border crossings, and the military is calling them “bioterrorists” and telling neighbors to inform on them, the New York Times reported.
For speaking out against the quarantine centers, Humans Rights Watch says, Virgüez was handcuffed to a 2-foot metal tube in a jail yard for two hours before being placed in a small cell with seven other people.
“Virgüez appeared in court and was charged with public disturbance, contempt, defamation of authorities and instigation of rebellion,” the report states.
He is under house arrest and can only leave for medical reasons with police approval.
Though Venezuela is one of the most oil-rich nations in the world, it is rationing gasoline because its state oil company Petróleos de Venezuela S.A., is only refining 101,000 barrels of crude a day, Reuters reported in March.
PDVSA’s income has dried up since President Donald Trump’s administration imposed sanctions barring it from selling crude to U.S. refiners, once its biggest customers. American companies are also barred from selling Venezuela the light oil PDVSA needs to dilute its heavy crude and make it suitable for export, experts say.
The United States is one of dozens of countries that does not recognize Maduro as Venezuela’s legitimate president. They say opposition leader Juan Guaidó is the rightful leader.
Guaidó, leader of Venezuela’s National Assembly, claims Maduro’s 2018 re-election was unlawful because the regime jailed and disqualified opposition candidates.
A defiant Maduro has remained in power thanks to backing from China, Russia and Turkey, and his firm grip on the country’s military, national police and PDVSA.
The coronavirus has curtailed Guaidó’s efforts to build public support to oust Maduro.


courthousenews--2020-08-28--Guns in the House

Guns in the House

CONCORD , N.H. — The New Hampshire Supreme Court revived a lawsuit brought by a member of the state legislature @ @ @ @ @ prohibits anyone except law enforcement officers from carrying guns in the House chamber .
The @ @ @ @ @ the rule is constitutional .

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.


Mineral Exploration

SAN FRANCISCO — The Ninth Circuit upheld a ruling against the Chilkat Indian Village of Klukwan and conservation organizations in @ @ @ @ @ of Land Management ’ s approval of a mineral exploration project .
The agency did @ @ @ @ @ the cumulative impacts of a future mine as a “ reasonably foreseeable action .
”

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courthousenews--2020-08-29--Feds Charge UCLA Researcher With Destruction of Evidence

( CN ) — A Chinese national researcher at the University of California , Los Angeles , was taken into custody and arrested Friday on evidence destruction charges after attempting to dispose of a hard drive linked to an FBI investigation , according to the Justice Department .
In court documents filed by the DOJ , Guan Lei , 29 , first came across the FBI ’ s radar during an investigation into alleged visa fraud when he requested a transfer to Los Angeles from China .
Lei , originally a student at China ’ s National University of Defense @ @ @ @ @ @ @ under oath when applying for his transfer visa that he had never served in the military and denied any association with the People ’ s Liberation Army .
Investigators discovered , however , that there was more to the story .
After being further questioned over his involvement with the Chinese military , Lei admitted that during his time at the National University of Defense Technology he not only dressed in Chinese military uniform , but also participated in some military training .
While Lei continued to maintain that this did not mean @ @ @ @ @ @ @ documents say he also admitted that during his time at the Chinese university , his supervisors at the school were “ high-ranking ” officials in the Chinese military .
Things came to a head when , during an FBI interview with Lei this July , Lei reportedly told investigators looking into the alleged visa fraud that aside from a laptop and two phones , Lei did not have any other storage devices or drives that contained relevant investigation information .
While Lei allowed agents to search his laptop during the July interview , @ @ @ @ @ @ @ laptop with them to conduct a more thorough search .
Two days after the interview , Lei was stopped and questioned at the Los Angeles International Airport where he was attempting to catch a flight to China .
Officers continued to question Lei over any access he may have to storage devices related to the investigation , with officials even asking Lei if he had any contact with anyone from the Chinese consulate while he was in the United States .
Lei denied having made any such contact .
Law enforcement officials say @ @ @ @ @ @ @ Lei were false , resulting in a criminal complaint filed against Lei that was unsealed Friday .
According to the complaint , Google records obtained by a law enforcement search warrant showed that Lei reached out to the Chinese consulate numerous times during the summer , correspondence that seemed to largely center on flight options back to China .
Documents show that Lei ’ s girlfriend , while living together , also took a ride via Lyft to the nearby consulate in July .
Lei also allegedly tried to destroy evidence , with @ @ @ @ @ @ @ to hop on a plane to China , Lei tossed a destroyed hard drive into a nearby dumpster outside of his apartment .
Officials say that the hard drive was “ irreparably damaged ” and that the information on the drive appeared to have been forcefully and purposefully removed .
Lei has been charged with destroying evidence to obstruct an FBI investigation and is being investigated for possibly sending sensitive United States software data to his previous Chinese university — the same school that , according to the complaint , has been suspected @ @ @ @ @ @ @ supercomputers with nuclear explosive applications.
” Lei made his initial appearance in court Friday afternoon where a magistrate judge ordered him to be detained and set an arraignment hearing to be held on Sept. 17 .
If convicted , Lei potentially faces up to 20 years in federal prison , the statutory maximum sentence for felony destruction of evidence charges .

A Chinese national researcher at the University of California, Los Angeles, was taken into custody and arrested Friday on evidence destruction charges after attempting to dispose of a hard drive linked to an FBI investigation, according to the Justice Department.
(CN) — A Chinese national researcher at the University of California, Los Angeles, was taken into custody and arrested Friday on evidence destruction charges after attempting to dispose of a hard drive linked to an FBI investigation, according to the Justice Department.
In court documents filed by the DOJ, Guan Lei, 29, first came across the FBI’s radar during an investigation into alleged visa fraud when he requested a transfer to Los Angeles from China.
Lei, originally a student at China’s National University of Defense Technology, reportedly told law enforcement officials under oath when applying for his transfer visa that he had never served in the military and denied any association with the People’s Liberation Army.
Investigators discovered, however, that there was more to the story. After being further questioned over his involvement with the Chinese military, Lei admitted that during his time at the National University of Defense Technology he not only dressed in Chinese military uniform, but also participated in some military training.
While Lei continued to maintain that this did not mean he served in the military, court documents say he also admitted that during his time at the Chinese university, his supervisors at the school were “high-ranking” officials in the Chinese military.
Things came to a head when, during an FBI interview with Lei this July, Lei reportedly told investigators looking into the alleged visa fraud that aside from a laptop and two phones, Lei did not have any other storage devices or drives that contained relevant investigation information.
While Lei allowed agents to search his laptop during the July interview, he refused to let officials take the laptop with them to conduct a more thorough search.
Two days after the interview, Lei was stopped and questioned at the Los Angeles International Airport where he was attempting to catch a flight to China.
Officers continued to question Lei over any access he may have to storage devices related to the investigation, with officials even asking Lei if he had any contact with anyone from the Chinese consulate while he was in the United States. Lei denied having made any such contact.
Law enforcement officials say they later learned these statements made by Lei were false, resulting in a criminal complaint filed against Lei that was unsealed Friday.
According to the complaint, Google records obtained by a law enforcement search warrant showed that Lei reached out to the Chinese consulate numerous times during the summer, correspondence that seemed to largely center on flight options back to China. Documents show that Lei’s girlfriend, while living together, also took a ride via Lyft to the nearby consulate in July.
Lei also allegedly tried to destroy evidence, with officials claiming that several days after attempting to hop on a plane to China, Lei tossed a destroyed hard drive into a nearby dumpster outside of his apartment. Officials say that the hard drive was “irreparably damaged” and that the information on the drive appeared to have been forcefully and purposefully removed.
Lei has been charged with destroying evidence to obstruct an FBI investigation and is being investigated for possibly sending sensitive United States software data to his previous Chinese university — the same school that, according to the complaint, has been suspected of “procuring U.S.-origin items to develop supercomputers with nuclear explosive applications.”
Lei made his initial appearance in court Friday afternoon where a magistrate judge ordered him to be detained and set an arraignment hearing to be held on Sept. 17.
If convicted, Lei potentially faces up to 20 years in federal prison, the statutory maximum sentence for felony destruction of evidence charges.


courthousenews--2020-08-29--Federal Judge Orders Texas to Make Online Voter Registration Available

SAN ANTONIO ( CN ) — A Texas federal judge ruled Friday the state ’ s Republican leaders are violating the federal “ motor voter ” law by refusing to allow residents to simultaneously register to vote online when they apply for a driver ’ s license , file a change-of-address or renew online .
U.S. District Judge Orlando Garcia concluded Texas Secretary of State and Department of Public Safety officials are violating the National Voter Registration Act by forcing users of the online driver ’ s license system to print out a blank voter registration form to send to @ @ @ @ @ @ @ state to make the online voter registration available to the public by Sept. 23 — in less than a month .
“ Defendants have been on notice of their continuous violation of the NVRA since at least 2016 , yet defendants ’ practices have remained unchanged , ” the 68-page opinion states .
“ The public clearly has a paramount interest in removing voter registration barriers and having procedures that encourage rather than discourage voter registration .
Defendants have offered no factual or legal argument that would justify denying the simultaneous voter registration @ @ @ @ @ @ @ legally entitled.
” Passed in 1993 , the NVRA requires states to allow residents to simultaneously register to vote when applying , renewing or updating their driver ’ s license , then the state is required to forward the application to local election officials .
Texas residents who choose to apply for , renew or update their driver ’ s license in-person are already allowed to simultaneously register to vote in-person .
The non-profit Texas Civil Rights Project first sued state officials in 2016 on behalf of lead plaintiff and voter Jarrod Stringer @ @ @ @ @ @ @ President Bill Clinton — ruled in his favor in 2018 , but the Fifth Circuit later held Stringer lacked standing for injunctive relief because he failed to show a “ continuing or threatened future injury ” to his right to vote .
Stringer sued a second time this year , claiming he did sustain a future injury when he moved from Bexar County to Harris County and was not allowed to update his voter registration when he updated his driver ’ s license information online .
This second suit was also filed on @ @ @ @ @ @ @ , the League of Women Voters of Texas and two other individual voters , with the Texas Democratic Party joining as an intervenor-plaintiff .
Judge Garcia was not convinced by the state ’ s claims that Texas election laws require a physical “ signature , ” not electronic signatures .
“ Neither federal nor state law limits the signature requirement to physical hand written signatures on paper ( or ‘ wet signatures ’ ) , ” the opinion states .
“ DPS already uses electronic records and previously imaged electronic signatures for every @ @ @ @ @ @ @ [ a ] nd SOS already uses electronic records and previously imaged electronic signatures for voter registration purposes and admits that electronic signatures comply with signature requirements and the NVRA and Texas Election Code.
” The offices of Secretary of State Ruth Hughs and Department of Public Safety Director Steven McCraw did not immediately respond to requests for comment on the ruling Friday evening .
Texas Attorney General Ken Paxton ’ s office declined to comment , citing ongoing litigation in the matter .
The Texas Civil Rights Project cheered the ruling , @ @ @ @ @ @ @ state politicians to stop obstructing democracy.
” Zenen Jaimes Perez , the group ’ s advocacy & communications director , noted how the litigation has dragged on for four years .
“ Imagine how many people have lost out on their opportunity to register to vote , ” he tweeted .
“ How much taxpayer money has been spent by our Attorney General .
All to keep Texans from voting .
It ’ s despicable .
”

A Texas federal judge ruled Friday the state’s Republican leaders are violating the federal “motor voter” law by refusing to allow residents to simultaneously register to vote online when they apply for a driver’s license, file a change-of-address or renew online.
SAN ANTONIO (CN) — A Texas federal judge ruled Friday the state’s Republican leaders are violating the federal “motor voter” law by refusing to allow residents to simultaneously register to vote online when they apply for a driver’s license, file a change-of-address or renew online.
U.S. District Judge Orlando Garcia concluded Texas Secretary of State and Department of Public Safety officials are violating the National Voter Registration Act by forcing users of the online driver’s license system to print out a blank voter registration form to send to their county registrar. He ordered the state to make the online voter registration available to the public by Sept. 23 — in less than a month.
“Defendants have been on notice of their continuous violation of the NVRA since at least 2016, yet defendants’ practices have remained unchanged,” the 68-page opinion states.
“The public clearly has a paramount interest in removing voter registration barriers and having procedures that encourage rather than discourage voter registration. Defendants have offered no factual or legal argument that would justify denying the simultaneous voter registration to which [the plaintiff] is legally entitled.”
Passed in 1993, the NVRA requires states to allow residents to simultaneously register to vote when applying, renewing or updating their driver’s license, then the state is required to forward the application to local election officials.
Texas residents who choose to apply for, renew or update their driver’s license in-person are already allowed to simultaneously register to vote in-person.
The non-profit Texas Civil Rights Project first sued state officials in 2016 on behalf of lead plaintiff and voter Jarrod Stringer. Judge Garcia — an appointee of President Bill Clinton — ruled in his favor in 2018, but the Fifth Circuit later held Stringer lacked standing for injunctive relief because he failed to show a “continuing or threatened future injury” to his right to vote.
Stringer sued a second time this year, claiming he did sustain a future injury when he moved from Bexar County to Harris County and was not allowed to update his voter registration when he updated his driver’s license information online.
This second suit was also filed on behalf of the Move Texas Civic Fund, the League of Women Voters of Texas and two other individual voters, with the Texas Democratic Party joining as an intervenor-plaintiff.
Judge Garcia was not convinced by the state’s claims that Texas election laws require a physical “signature,” not electronic signatures.
“Neither federal nor state law limits the signature requirement to physical hand written signatures on paper (or ‘wet signatures’),” the opinion states.
“DPS already uses electronic records and previously imaged electronic signatures for every Texan that uses the online system … [a]nd SOS already uses electronic records and previously imaged electronic signatures for voter registration purposes and admits that electronic signatures comply with signature requirements and the NVRA and Texas Election Code.”
The offices of Secretary of State Ruth Hughs and Department of Public Safety Director Steven McCraw did not immediately respond to requests for comment on the ruling Friday evening.
Texas Attorney General Ken Paxton’s office declined to comment, citing ongoing litigation in the matter.
The Texas Civil Rights Project cheered the ruling, tweeting “it’s time for state politicians to stop obstructing democracy.”
Zenen Jaimes Perez, the group’s advocacy & communications director, noted how the litigation has dragged on for four years.
“Imagine how many people have lost out on their opportunity to register to vote,” he tweeted. “How much taxpayer money has been spent by our Attorney General. All to keep Texans from voting. It’s despicable.”


courthousenews--2020-08-29--Trump Calls Protesters ‘Thugs’ in First Post-Convention Rally

( CN ) — Fresh off of his renomination as the Republican candidate for president , incumbent Donald Trump returned to his usual freewheeling self at a rally in Manchester , New Hampshire Friday night .
Trump indicated that after the formality of the Republican National Convention , he was ready to get back to his typical carnival-barker style .
“ Now we ’ re in New Hampshire and we can wing it , ” he said to cheers from the crowd .
Trump arrived just short of an hour late and spoke to a crowd of about 1,400 Friday @ @ @ @ @ @ @ masks under New Hampshire ’ s rule mandating them for groups larger than 100 people .
The requirement appeared to be lightly enforced , if at all , as many attendees went maskless .
Despite this , Trump did not repeat his past claims that the Covid-19 virus was a hoax , instead downplaying the 181,000 coronavirus deaths in the U.S. since its arrival in March and claiming that three new vaccines are on their way .
Trump spent most of the rally slamming his opponent Joe Biden and other Democratic politicians , @ @ @ @ @ @ @ that has swept the U.S. all summer .
He alternately stoked fears that Biden ’ s administration would bring more of the same and assured the crowd that Biden would never win .
“ Joe Biden is the puppet of the radical left movement which seeks to obliterate and destroy everything that you hold dear , ” he said .
He paid particular attention to suburbia , which he claimed — without evidence — that Biden wanted to destroy .
He also boasted about his repeal of an Obama-era update to the Fair @ @ @ @ @ @ @ be no more low-income housing in suburbs .
The repeal will not , in fact , accomplish that .
As usual , Trump also focused heavily on his own popularity .
“ The poll numbers have swung .
If you go back six months before the plague flew in from China… this election was over .
Then I had to go back to work , ” he joked .
The polls have not swung .
Biden has held a steady lead over Trump in a majority of polls since March , during which @ @ @ @ @ @ @ Trump made only brief mention of vice presidential candidate Kamala Harris .
“ How about her , is she a beauty ?
” he said .
He speculated about the possibility of Harris taking the presidency over from Biden .
“ I wan na see the first woman president also , but I don ’ t want to see a woman president get into that position the way she ’ d do it , ” he said .
Trump also paid mention to a tense confrontation between protesters at the White House and @ @ @ @ @ @ @ after Thursday night ’ s conclusion to the Republican National Convention .
“ The thugs outside , because the Democratic mayor of Washington D.C. — it ’ s another Democrat that ’ s not believing in law and order , and you know we give a lot of money to Washington D.C. to run it , but she doesn ’ t do a good job of running it , the mayor… they walked out to a bunch of thugs .
And that wasn ’ t — that wasn ’ t friendly protesters , @ @ @ @ @ @ @ .
Protesters , whom Trump also called “ anarchists , criminals , rioters , looters and flag burners ” featured heavily in his speech .
He briefly mulled over invoking the Insurrection Act to suppress protests , a threat he has made before but has not made good on .
He praised the use of the National Guard to suppress protests in Kenosha , Wisconsin and Minneapolis along with the actions of federal agents in Portland , which drew national attention last month when agents began grabbing protesters off the street without identifying @ @ @ @ @ @ @ vans .
Trump ’ s speech , like most of his public appearances , was peppered with falsehoods and errors , some bizarre .
Early on , he told the crowd that he had achieved total energy independence , and boasted about low gas prices , which have been low since the start of the coronavirus pandemic , during which the price of oil briefly dropped below zero .
He later claimed that New Hampshire was importing most of its oil from Russia because of a stalled pipeline project in New York .
@ @ @ @ @ @ @ said that “ America will put the first woman on the moon , and be the first nation to plant its beautiful flag there.
” NASA does have a plan to put a woman on the moon by 2024 , but the first American flag planted there was , notably , placed by Neil Armstrong on national television in 1969 .
The Soviet Union used an unmanned probe to place its flag on the moon in 1959 .
The rally was Trump ’ s first visit to New Hampshire since its primary in @ @ @ @ @ @ @ visit to the city of Portsmouth in April , citing concerns about Tropical Storm Fay , which largely missed Portsmouth .
Trump later said the rally was cancelled because of the pandemic .
A win in New Hampshire would be a boon for Trump , who lost the swing state in 2016 by less than half a percentage point .
The Granite State has voted for Democratic presidential candidates consistently since 2004 , but was a Republican stronghold for much of the 20th century .
The most recent poll in the state shows @ @ @ @ @ @ @ , with the support of 51 % of voters to Trump ’ s 43 % .

Fresh off of his renomination as the Republican candidate for president, incumbent Donald Trump returned to his usual freewheeling self at a rally in Manchester, New Hampshire Friday night.
(CN) — Fresh off of his renomination as the Republican candidate for president, incumbent Donald Trump returned to his usual freewheeling self at a rally in Manchester, New Hampshire Friday night.
Trump indicated that after the formality of the Republican National Convention, he was ready to get back to his typical carnival-barker style.
“Now we’re in New Hampshire and we can wing it,” he said to cheers from the crowd.
Trump arrived just short of an hour late and spoke to a crowd of about 1,400 Friday evening, at an event which required masks under New Hampshire’s rule mandating them for groups larger than 100 people. The requirement appeared to be lightly enforced, if at all, as many attendees went maskless.
Despite this, Trump did not repeat his past claims that the Covid-19 virus was a hoax, instead downplaying the 181,000 coronavirus deaths in the U.S. since its arrival in March and claiming that three new vaccines are on their way.
Trump spent most of the rally slamming his opponent Joe Biden and other Democratic politicians, whom he blamed for the civil unrest that has swept the U.S. all summer. He alternately stoked fears that Biden’s administration would bring more of the same and assured the crowd that Biden would never win.
“Joe Biden is the puppet of the radical left movement which seeks to obliterate and destroy everything that you hold dear,” he said.
He paid particular attention to suburbia, which he claimed — without evidence — that Biden wanted to destroy. He also boasted about his repeal of an Obama-era update to the Fair Housing Act, saying that there would be no more low-income housing in suburbs. The repeal will not, in fact, accomplish that.
As usual, Trump also focused heavily on his own popularity.
“The poll numbers have swung. If you go back six months before the plague flew in from China… this election was over. Then I had to go back to work,” he joked.
The polls have not swung. Biden has held a steady lead over Trump in a majority of polls since March, during which Trump had a very brief spike.
Trump made only brief mention of vice presidential candidate Kamala Harris.
“How about her, is she a beauty?” he said.
He speculated about the possibility of Harris taking the presidency over from Biden.
“I wanna see the first woman president also, but I don’t want to see a woman president get into that position the way she’d do it,” he said.
Trump also paid mention to a tense confrontation between protesters at the White House and police protecting Republican Kentucky Senator Rand Paul after Thursday night’s conclusion to the Republican National Convention.
“The thugs outside, because the Democratic mayor of Washington D.C. — it’s another Democrat that’s not believing in law and order, and you know we give a lot of money to Washington D.C. to run it, but she doesn’t do a good job of running it, the mayor… they walked out to a bunch of thugs. And that wasn’t — that wasn’t friendly protesters, they were thugs,” Trump said.
Protesters, whom Trump also called “anarchists, criminals, rioters, looters and flag burners” featured heavily in his speech. He briefly mulled over invoking the Insurrection Act to suppress protests, a threat he has made before but has not made good on.
He praised the use of the National Guard to suppress protests in Kenosha, Wisconsin and Minneapolis along with the actions of federal agents in Portland, which drew national attention last month when agents began grabbing protesters off the street without identifying themselves and carrying them away in unmarked vans.
Trump’s speech, like most of his public appearances, was peppered with falsehoods and errors, some bizarre. Early on, he told the crowd that he had achieved total energy independence, and boasted about low gas prices, which have been low since the start of the coronavirus pandemic, during which the price of oil briefly dropped below zero. He later claimed that New Hampshire was importing most of its oil from Russia because of a stalled pipeline project in New York.
In a baffling aside, Trump also said that “America will put the first woman on the moon, and be the first nation to plant its beautiful flag there.”
NASA does have a plan to put a woman on the moon by 2024, but the first American flag planted there was, notably, placed by Neil Armstrong on national television in 1969. The Soviet Union used an unmanned probe to place its flag on the moon in 1959.
The rally was Trump’s first visit to New Hampshire since its primary in February. His campaign cancelled another planned visit to the city of Portsmouth in April, citing concerns about Tropical Storm Fay, which largely missed Portsmouth. Trump later said the rally was cancelled because of the pandemic.
A win in New Hampshire would be a boon for Trump, who lost the swing state in 2016 by less than half a percentage point. The Granite State has voted for Democratic presidential candidates consistently since 2004, but was a Republican stronghold for much of the 20th century. The most recent poll in the state shows Biden with a comfortable lead on Trump, with the support of 51% of voters to Trump’s 43%.


Minneapolis Cop

MINNEAPOLIS — Attorneys for Derek Chauvin , the former Minneapolis police officer charged in the death of George Floyd , @ @ @ @ @ late Friday in Hennepin County District Court , claiming that the state lacked evidence to @ @ @ @


courthousenews--2020-08-30--Chadwick Boseman, Who Embodied Black Icons, Dies of Cancer

LOS ANGELES ( AP ) — First Chadwick Boseman slipped on the cleats of Jackie Robinson , then the Godfather of Soul ’ s dancing shoes , portraying both Black American icons with a searing intensity that commanded respect .
When the former playwright suited up as Black Panther , he brought cool intellectual gravitas to the Marvel superhero whose “ Wakanda forever !
” salute reverberated worldwide .
As his Hollywood career boomed , though , Boseman was privately undergoing “ countless surgeries and chemotherapy ” to battle colon cancer , his family said in a statement announcing his @ @ @ @ @ @ @ He ’ d been diagnosed at stage 3 in 2016 but never spoke publicly about it .
The cancer was there when his character T ’ Challa visited the ancestors ’ “ astral plane ” in poignant scenes from the Oscar-nominated “ Black Panther , ” there when he first became a producer on the action thriller “ 21 Bridges , ” and there last summer when he shot an adaptation of a play by his hero August Wilson .
It was there when he played a radical Black leader — seen only @ @ @ @ @ @ @ is mourned by Vietnam War comrades-in-arms in Spike Lee ’ s “ Da 5 Bloods.
” “ A true fighter , Chadwick persevered through it all , and brought you many of the films you have come to love so much , ” his family said .
“ It was the honor of his career to bring King T ’ Challa to life in Black Panther.
” Boseman died at his home in the Los Angeles area with his wife and family by his side , his publicist Nicki Fioravante told The Associated @ @ @ @ @ @ @ wife and a parent and had no children , Fioravante said .
Born and raised in South Carolina , where he played Little League baseball and AAU basketball , Boseman graduated from Howard University in Washington , D.C .
He wrote plays , acted and directed in theater and had small roles in television before landing his breakthrough role .
His striking portrayal of the color-line-demolishing baseball star Robinson opposite Harrison Ford in 2013 ’ s “ 42 ” drew attention in Hollywood and made him a star .
A year later , @ @ @ @ @ @ @ biopic “ Get On Up.
” Boseman died on a day that Major League Baseball was celebrating Jackie Robinson day .
“ His transcendent performance in ’ 42 ’ will stand the test of time and serve as a powerful vehicle to tell Jackie ’ s story to audiences for generations to come , ” the league wrote in a tweet .
Expressions of shock and despair poured in late Friday from fellow actors , athletes , musicians , Hollywood titans , fans and politicians .
Viola Davis , who acted alongside Boseman @ @ @ @ @ @ @ the upcoming Wilson adaptation , said : “ Chadwick…..no words to express my devastation of losing you .
Your talent , your spirit , your heart , your authenticity.
” “ He was a gentle soul and a brilliant artist , who will stay with us for eternity through his iconic performances , ” said Denzel Washington , who funded a scholarship Boseman used to study theater at Oxford and produced the upcoming Wilson film .
Vice Presidential candidate Kamala Harris , a Howard alumna , wrote the actor “ was brilliant , @ @ @ @ @ @ @ He left too early but his life made a difference.
” Disney executive chairman Bob Iger called Boseman “ an extraordinary talent , and one of the most gentle and giving souls I have ever met.
” “ Captain America ” actor Chris Evans called Boseman “ a true original .
He was a deeply committed and constantly curious artist .
He had so much amazing work still left to create.
” His T ’ Challa character was first introduced to the blockbuster Marvel cinematic universe in 2016 ’ s “ Captain America @ @ @ @ @ @ @ “ Wakanda forever ” salute became a pop culture landmark after the release of “ Black Panther ” two years ago .
“ I don ’ t think the world was ready for a ‘ Black Panther ’ movie before this moment .
Socially and politically , it wasn ’ t ready for it , ” he told AP at the time .
The film ’ s vision of Afrofuturism and the technologically advanced civilization of Wakanda resonated with audiences , some of whom wore African attire to showings and helped propel “ @ @ @ @ @ @ @ 1.3 billion in global box office .
It is the only Marvel Studios film to receive a best picture Oscar nomination .
Boseman said he more easily identified with the film ’ s antagonist , played by Michael B. Jordan , who had been cut off from his ancestral roots : “ I was born with some Killmonger in me , and I have learned to T ’ Challa throughout my studies , ” he told AP while promoting the film .
“ It ’ s the place where you start .
All @ @ @ @ @ @ @ direct connection , have been severed from that past .
There ’ s things that can not be tracked , ” he continued .
“ You were a product , sold .
So it ’ s very difficult as an African American to connect at some points directly to Africa .
I have made that part of my search in my life .
So those things were already there when I got into the role.
” The character was last seen standing silently dressed in a black suit at Tony Stark ’ s @ @ @ @ @ @ @ A “ Black Panther ” sequel had been announced , and was one of the studio ’ s most anticipated upcoming films .
Even at the outset of his Hollywood career , Boseman was clear-eyed about — and even skeptical of — the industry in which he would become an international star .
“ You don ’ t have the same exact experience as a Black actor as you do as a white actor .
You don ’ t have the same opportunities .
That ’ s evident and true , ” he @ @ @ @ @ @ @ “ The best way to put it is : How often do you see a movie about a black hero who has a love story … he has a spirituality .
He has an intellect .
It ’ s weird to say it , but it doesn ’ t happen that often.
” “ Black Panther , ” written and directed by Ryan Coogler , helped drive a conversation in Hollywood about the importance of featuring non-white characters in and hiring non-white filmmakers for its most high-profile films .
Actor Simu Liu , @ @ @ @ @ @ @ centered on an Asian character , tweeted : “ Without Chadwick , and what he gave to his character , there is no Shang Chi .
Period .
My career rides on the coattails of a great man.
” In addition to Robinson and Brown , Boseman portrayed the future U.S. Supreme Court Justice Thurgood Marshall in 2017 ’ s “ Marshall.
” He humanized the larger-than-life historical figures with the same soulful , reserved dignity — interrupted by flashes of sparkling wit — that he would later bring to T ’ Challa @ @ @ @ @ @ @ job in last year ’ s action thriller “ 21 Bridges , ” in which he also starred .
Boseman completed one last performance , in a Netflix adaptation of August Wilson ’ s “ Ma Rainey ’ s Black Bottom.
” He revered the playwright famous for his depiction of the Black experience , writing in a 2013 Los Angeles Times essay : “ For the songs , rituals and folklore that were lost in slavery ’ s middle passage , his plays are those forgotten songs remixed for the struggles of @ @ @ @ @ @ @ similar way that Wilson ’ s work was influenced by the blues of Bessie Smith , Muddy Waters and W.C .
Handy , my plays were infused with Tupac , Biggie and Black Star.
” Boseman first got into theater , acting and writing plays as an undergrad at Howard .
He visited Africa for the first time during college with director and theater professor Mike Malone , working in Ghana to preserve and celebrate rituals with performances on a proscenium stage .
He told AP the trip had been “ one of @ @ @ @ @ @ @ life.
” Boseman had roles on TV shows like ABC Family ’ s “ Lincoln Heights ” and NBC ’ s “ Persons Unknown , ” but before “ 42 ” he had only acted in one film , 2008 ’ s football drama “ The Express.
” Asked about his own childhood heroes and icons , Boseman cited Black political leaders and musicians : Malcolm X , Martin Luther King Jr. , Bob Marley , Public Enemy , A Tribe Called Quest and Prince .
While deeply private and often guarded in @ @ @ @ @ @ @ made clear that he understood the significance of his work and its impact on the broader culture .
At the 2019 Screen Actors Guild Awards , “ Black Panther ” won best ensemble , electrifying the room .
Before an auditorium full of actors , Chadwick Boseman stepped to the microphone .
He quoted Nina Simone : “ To be young , gifted and black , ” and put the moment in context .
“ We know what it ’ s like to be told there isn ’ t a screen for you @ @ @ @ @ @ @ for you to be featured on .
… We know what ’ s like to be beneath and not above .
And that is what we went to work with every day , ” said Boseman .
“ We knew that we could create a world that exemplified a world we wanted to see .
We knew that we had something to give .
”

The film's vision of Afrofuturism and the technologically advanced civilization of Wakanda resonated with audiences, some of whom wore African attire to showings and helped propel "Black Panther" to more than $1.3 billion in global box office. It is the only Marvel Studios film to receive a best picture Oscar nomination.
Boseman said he more easily identified with the film's antagonist, played by Michael B. Jordan, who had been cut off from his ancestral roots: "I was born with some Killmonger in me, and I have learned to T'Challa throughout my studies," he told AP while promoting the film.
"It's the place where you start. All African Americans, unless they have some direct connection, have been severed from that past. There's things that cannot be tracked," he continued. "You were a product, sold. So it's very difficult as an African American to connect at some points directly to Africa. I have made that part of my search in my life. So those things were already there when I got into the role."
The character was last seen standing silently dressed in a black suit at Tony Stark's funeral in "Avengers: Endgame." A "Black Panther" sequel had been announced, and was one of the studio's most anticipated upcoming films.
Even at the outset of his Hollywood career, Boseman was clear-eyed about — and even skeptical of — the industry in which he would become an international star.
"You don't have the same exact experience as a Black actor as you do as a white actor. You don't have the same opportunities. That's evident and true," he told AP while promoting "42." "The best way to put it is: How often do you see a movie about a black hero who has a love story ... he has a spirituality. He has an intellect. It's weird to say it, but it doesn't happen that often."
"Black Panther," written and directed by Ryan Coogler, helped drive a conversation in Hollywood about the importance of featuring non-white characters in and hiring non-white filmmakers for its most high-profile films. Actor Simu Liu, starring in Marvel's first film centered on an Asian character, tweeted: "Without Chadwick, and what he gave to his character, there is no Shang Chi. Period. My career rides on the coattails of a great man."
In addition to Robinson and Brown, Boseman portrayed the future U.S. Supreme Court Justice Thurgood Marshall in 2017's "Marshall." He humanized the larger-than-life historical figures with the same soulful, reserved dignity — interrupted by flashes of sparkling wit — that he would later bring to T'Challa.
He took on his first producing job in last year's action thriller "21 Bridges," in which he also starred. Boseman completed one last performance, in a Netflix adaptation of August Wilson's "Ma Rainey's Black Bottom."
He revered the playwright famous for his depiction of the Black experience, writing in a 2013 Los Angeles Times essay: "For the songs, rituals and folklore that were lost in slavery's middle passage, his plays are those forgotten songs remixed for the struggles of adapting to these shores ... In the similar way that Wilson's work was influenced by the blues of Bessie Smith, Muddy Waters and W.C. Handy, my plays were infused with Tupac, Biggie and Black Star."
Boseman first got into theater, acting and writing plays as an undergrad at Howard. He visited Africa for the first time during college with director and theater professor Mike Malone, working in Ghana to preserve and celebrate rituals with performances on a proscenium stage. He told AP the trip had been "one of the most significant learning experiences of my life."
Boseman had roles on TV shows like ABC Family's "Lincoln Heights" and NBC's "Persons Unknown," but before "42" he had only acted in one film, 2008's football drama "The Express."
Asked about his own childhood heroes and icons, Boseman cited Black political leaders and musicians: Malcolm X, Martin Luther King Jr., Bob Marley, Public Enemy, A Tribe Called Quest and Prince.
While deeply private and often guarded in his public appearances and interviews, he made clear that he understood the significance of his work and its impact on the broader culture.
At the 2019 Screen Actors Guild Awards, "Black Panther" won best ensemble, electrifying the room. Before an auditorium full of actors, Chadwick Boseman stepped to the microphone. He quoted Nina Simone: "To be young, gifted and black," and put the moment in context.
"We know what it's like to be told there isn't a screen for you to be featured on, a stage for you to be featured on. ... We know what's like to be beneath and not above. And that is what we went to work with every day," said Boseman. "We knew that we could create a world that exemplified a world we wanted to see. We knew that we had something to give."
By RYAN PEARSON AP Entertainment Writer