courthousenews--2020-08-10--Judge Orders Uber and Lyft to Classify Drivers as Employees

SAN FRANCISCO ( CN ) — Uber and Lyft must start classifying more than 100,000 California drivers as employees instead of independent contractors and give them full employment benefits , including overtime and unemployment insurance , a state court judge ruled Monday .
Joined by the cities of Los Angeles , San Francisco and San Diego , California Attorney General Xavier Becerra sued Uber and Lyft in state court in May .
He claimed the ride-hail giants were violating state law by misclassifying drivers as contractors , and he sought an injunction to force a change in the drivers ’ @ @ @ @ @ @ @ hearing Friday , an Uber lawyer argued her client is exempt from the law — Assembly Bill 5 , which took effect this year — because it is not the “ hiring entity ” that employs drivers .
She said Uber merely provides a technology platform that connects drivers and riders .
In a 33-page opinion issued Monday , San Francisco Superior Court Judge Ethan Schulman flatly rejected that argument , finding drivers qualify as employees because they do not perform work that is “ outside the usual course ” of the companies @ @ @ @ @ @ @ obvious , drivers are central , not tangential , to Uber and Lyft ’ s entire ride-hailing business , ” Schulman wrote .
Schulman stayed his ruling for 10 days to give Uber and Lyft a chance to appeal , an avenue Lyft said it would pursue immediately .
“ Drivers do not want to be employees , full stop , ” Lyft said in a statement Monday .
“ We ’ ll immediately appeal this ruling and continue to fight for their independence.
” Uber , Lyft and other gig companies have @ @ @ @ @ @ @ 2020 ballot measure , Proposition 22 , aimed at overturning the game-changing state labor law passed by the legislature last year .
“ Ultimately , we believe this issue will be decided by California voters and that they will side with drivers , ” Lyft said in its statement .
Assembly Bill 5 , signed into law by Governor Gavin Newsom on Sept. 19 , 2019 , sought to codify the labor standard established by the California Supreme Court in its 2018 ruling in Dynamex v. Superior Court .
To classify workers as @ @ @ @ @ @ @ must show they do not directly control the worker , the work done falls outside the company ’ s usual course of business and the worker is “ customarily engaged in an independently established trade.
” During oral arguments Friday , an attorney for Lyft argued an injunction would do more harm than good by potentially making drivers lose earnings potential and federal benefits .
He said it would force the companies to spend hundreds of millions of dollars restructuring their systems to accommodate the change .
In his ruling Monday , Schulman @ @ @ @ @ @ @ making those changes long ago to come into compliance with California law .
“ These are costs that defendants should have begun incurring more than two years ago , when the Supreme Court handed down its unanimous Dynamex decision , ” Schulman wrote .
The judge also concluded that greater harm would result without an injunction because both the Legislature and the state Supreme Court found the misclassification of workers as independent contractors deprives them of crucial rights and benefits , including minimum wage , overtime , workers ’ compensation , paid sick @ @ @ @ @ @ @ insurance .
“ The controlling legal standard creates a presumption of harm where , as here , the party is violating a statute that was enacted to protect the public , ” Schulman wrote .
Attorney General Becerra praised Judge Schulman ’ s decision in a statement Monday , but acknowledged the preliminary injunction is only the first step at an early stage of the litigation .
“ While this fight still has a long way to go , we ’ re pushing ahead to make sure the people of California get the @ @ @ @ @ @ @ said .
“ Our state and workers shouldn ’ t have to foot the bill when big businesses try to skip out on their responsibilities .
We ’ re going to keep working to make sure Uber and Lyft play by the rules.
” Assemblywoman Lorena Gonzalez , D-San Diego , who introduced Assembly Bill 5 last year , said this ruling helps ensure California taxpayers don ’ t have to financially prop up companies like Uber and Lyft by providing public assistance to their workers .
“ They have enriched their executives @ @ @ @ @ @ @ taxpayers on the hook to subsidize the wages and benefits of their drivers , ” Gonzalez said in a statement .
“ Today , the court sided with the people of California.
” More than 5,000 Uber and Lyft drivers have filed wage complaints with California ’ s Department of Industrial Relations , according to the state Labor Commissioner ’ s Office .
Last week , the California Labor Commissioner filed two separate lawsuits against Uber and Lyft in Alameda County Superior Court seeking back wages for drivers going back to April 16 @ @ @ @ @ @ @ respond to a request for comment Monday .

Uber and Lyft must start classifying more than 100,000 California drivers as employees instead of independent contractors and give them full employment benefits, including overtime and unemployment insurance, a state court judge ruled Monday.
SAN FRANCISCO (CN) — Uber and Lyft must start classifying more than 100,000 California drivers as employees instead of independent contractors and give them full employment benefits, including overtime and unemployment insurance, a state court judge ruled Monday.
Joined by the cities of Los Angeles, San Francisco and San Diego, California Attorney General Xavier Becerra sued Uber and Lyft in state court in May. He claimed the ride-hail giants were violating state law by misclassifying drivers as contractors, and he sought an injunction to force a change in the drivers’ employment status.
During a nearly three-hour hearing Friday, an Uber lawyer argued her client is exempt from the law — Assembly Bill 5, which took effect this year — because it is not the “hiring entity” that employs drivers. She said Uber merely provides a technology platform that connects drivers and riders.
In a 33-page opinion issued Monday, San Francisco Superior Court Judge Ethan Schulman flatly rejected that argument, finding drivers qualify as employees because they do not perform work that is “outside the usual course” of the companies’ business.
“To state the obvious, drivers are central, not tangential, to Uber and Lyft’s entire ride-hailing business,” Schulman wrote.
Schulman stayed his ruling for 10 days to give Uber and Lyft a chance to appeal, an avenue Lyft said it would pursue immediately.
“Drivers do not want to be employees, full stop,” Lyft said in a statement Monday. “We’ll immediately appeal this ruling and continue to fight for their independence.”
Uber, Lyft and other gig companies have poured $110 million into a November 2020 ballot measure, Proposition 22, aimed at overturning the game-changing state labor law passed by the legislature last year.
“Ultimately, we believe this issue will be decided by California voters and that they will side with drivers,” Lyft said in its statement.
Assembly Bill 5, signed into law by Governor Gavin Newsom on Sept. 19, 2019, sought to codify the labor standard established by the California Supreme Court in its 2018 ruling in Dynamex v. Superior Court.
To classify workers as independent contractors under that standard, companies must show they do not directly control the worker, the work done falls outside the company’s usual course of business and the worker is “customarily engaged in an independently established trade.”
During oral arguments Friday, an attorney for Lyft argued an injunction would do more harm than good by potentially making drivers lose earnings potential and federal benefits. He said it would force the companies to spend hundreds of millions of dollars restructuring their systems to accommodate the change.
In his ruling Monday, Schulman said Uber and Lyft should have started making those changes long ago to come into compliance with California law.
“These are costs that defendants should have begun incurring more than two years ago, when the Supreme Court handed down its unanimous Dynamex decision,” Schulman wrote.
The judge also concluded that greater harm would result without an injunction because both the Legislature and the state Supreme Court found the misclassification of workers as independent contractors deprives them of crucial rights and benefits, including minimum wage, overtime, workers’ compensation, paid sick leave, paid family leave and unemployment insurance.
“The controlling legal standard creates a presumption of harm where, as here, the party is violating a statute that was enacted to protect the public,” Schulman wrote.
Attorney General Becerra praised Judge Schulman’s decision in a statement Monday, but acknowledged the preliminary injunction is only the first step at an early stage of the litigation.
“While this fight still has a long way to go, we’re pushing ahead to make sure the people of California get the workplace protections they deserve,” Becerra said. “Our state and workers shouldn’t have to foot the bill when big businesses try to skip out on their responsibilities. We’re going to keep working to make sure Uber and Lyft play by the rules.”
Assemblywoman Lorena Gonzalez, D-San Diego, who introduced Assembly Bill 5 last year, said this ruling helps ensure California taxpayers don’t have to financially prop up companies like Uber and Lyft by providing public assistance to their workers.
“They have enriched their executives and their bottom line, while leaving taxpayers on the hook to subsidize the wages and benefits of their drivers,” Gonzalez said in a statement. “Today, the court sided with the people of California.”
More than 5,000 Uber and Lyft drivers have filed wage complaints with California’s Department of Industrial Relations, according to the state Labor Commissioner’s Office. Last week, the California Labor Commissioner filed two separate lawsuits against Uber and Lyft in Alameda County Superior Court seeking back wages for drivers going back to April 16, 2017.
Uber did not immediately respond to a request for comment Monday.


Voting Requirements

BOSTON — The First Circuit denied the Republican National Committee and Rhode Island Republican Party ’ s motion to stay @ @ @ @ @ decree that suspended the state ’ s witness requirements for mail-in voting .
The Republicans @ @ @ @ @ allowed to intervene in an appeal of the ruling .

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Pandemic Weddings

NEW YORK — A federal court in New York ruled the state can not enforce a 50-person limit on weddings @ @ @ @ @ Covid-19 pandemic , because restaurants in the state are currently permitted to operate at 50 @ @ @


Title IX

NEW YORK — A federal court in New York denied the state ’ s motion to enjoin a federal rule @ @ @ @ @ Friday , relating to how schools respond to sexual harassment and assault claims under Title @ @


Demonstration Munitions

SAN FRANCISCO — Police in Oakland , California , may not use stinger grenades , wooden bullets , rubber or @ @ @ @ @ and similar munitions against demonstrators , a federal court in California ruled , finding that @ @ @ @ @ already prohibited by the city ’ s crowd control policy .
But banning chemical agents @ @ @ @ @ projectiles outright could “ endanger public safety ” and “ increase the dangers faced by @ @ @ @ @ added .

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Classified Military Records

NEW YORK — Classified images withheld from a Freedom of Information Act request seeking military investigation records relating to terrorist @ @ @ @ @ and 2011 should not be released , the Second Circuit ruled .
A law firm @ @ @ @ @ members injured or killed in such attacks is not entitled to the records under the @ @ @ @


courthousenews--2020-08-11--Ghislaine Maxwell Wants Better Treatment in Prison

( CN ) — Ghislaine Maxwell ’ s criminal defense attorneys claim she is being treated worse in confinement than other pretrial detainees and won ’ t receive a fair trial unless the government discloses the identities of three victims cited in the indictment accusing her of helping Jeffrey Epstein exploit and abuse underage girls .
In a letter motion submitted to U.S. District Judge Alison Nathan Monday , attorneys Christian R. Everdell and Mark S. Cohen claim their client is being held under “ uniquely onerous conditions , ” which include being put on suicide watch even though she @ @ @ @ @ @ @ The attorneys claim that Maxwell has been treated differently than other similarly situated detainees at the Metropolitan Detention Center in Brooklyn because of what happened to Epstien , who was put on suicide watch and psychologically evaluated after a suicide attempt on July 23 , 2019 .
Epstein ’ s body was found in his cell on Aug. 10 , 2019 , and a medical examiner ruled his cause of death was suicide by hanging .
“ As a result of what occurred with Mr. Epstein , Ms. Maxwell is being treated worse @ @ @ @ @ @ @ which significantly impacts her ability to prepare a defense and be ready for trial on the schedule set by the Court , ” the letter states .
The attorneys ask that Maxwell be released to the general population , granted privileges given to other pretrial detainees , and be given increased access to a computer terminal in order to review discovery .
“ Ms .
Maxwell does not seek special treatment at the MDC ; but she does ask that she not be specially disfavored in her treatment in detention , especially when @ @ @ @ @ @ @ conduct that allegedly took place over 25 years ago , ” the letter states .
The attorneys also claim they should “ not have to speculate ” which of the “ dozens , if not hundreds ” of Epstein ’ s alleged victims are the three referenced in the indictment , and say that Maxwell can not receive a fair trial unless the victims ’ identities are disclosed .
“ The defense ’ s narrowly-tailored request , which only seeks the disclosure of the identity of Victims 1-3 , and not the government @ @ @ @ @ @ @ also reasonable in light of the circumstances of this case , ” the letter states .
“ And because the protective order prohibits Ms. Maxwell , defense counsel , and others on the defense team from disclosing or disseminating the identity of any alleged victim or potential witness referenced in the discovery materials … the disclosure will have no impact on the privacy interests of Victims 1-3.
” The government said it would “ only disclose the identities of alleged victims through its production of Ruel 16 discovery or as part of its @ @ @ @ @ @ @ trial , ” according to the letter motion .

Ghislaine Maxwell’s criminal defense attorneys claim she is being treated worse in confinement than other pretrial detainees and won’t receive a fair trial unless the government discloses the identities of three victims cited in the indictment accusing her of helping Jeffrey Epstein exploit and abuse underage girls.
(CN) — Ghislaine Maxwell’s criminal defense attorneys claim she is being treated worse in confinement than other pretrial detainees and won’t receive a fair trial unless the government discloses the identities of three victims cited in the indictment accusing her of helping Jeffrey Epstein exploit and abuse underage girls.
In a letter motion submitted to U.S. District Judge Alison Nathan Monday, attorneys Christian R. Everdell and Mark S. Cohen claim their client is being held under “uniquely onerous conditions,” which include being put on suicide watch even though she says she has never been suicidal.
The attorneys claim that Maxwell has been treated differently than other similarly situated detainees at the Metropolitan Detention Center in Brooklyn because of what happened to Epstien, who was put on suicide watch and psychologically evaluated after a suicide attempt on July 23, 2019. Epstein’s body was found in his cell on Aug. 10, 2019, and a medical examiner ruled his cause of death was suicide by hanging.
“As a result of what occurred with Mr. Epstein, Ms. Maxwell is being treated worse than other similarly situated pretrial detainees, which significantly impacts her ability to prepare a defense and be ready for trial on the schedule set by the Court,” the letter states.
The attorneys ask that Maxwell be released to the general population, granted privileges given to other pretrial detainees, and be given increased access to a computer terminal in order to review discovery.
“Ms. Maxwell does not seek special treatment at the MDC; but she does ask that she not be specially disfavored in her treatment in detention, especially when it comes to preparing her defense to conduct that allegedly took place over 25 years ago,” the letter states.
The attorneys also claim they should “not have to speculate” which of the “dozens, if not hundreds” of Epstein’s alleged victims are the three referenced in the indictment, and say that Maxwell cannot receive a fair trial unless the victims’ identities are disclosed.
“The defense’s narrowly-tailored request, which only seeks the disclosure of the identity of Victims 1-3, and not the government’s entire witness list, is also reasonable in light of the circumstances of this case,” the letter states. “And because the protective order prohibits Ms. Maxwell, defense counsel, and others on the defense team from disclosing or disseminating the identity of any alleged victim or potential witness referenced in the discovery materials ... the disclosure will have no impact on the privacy interests of Victims 1-3.”
The government said it would “only disclose the identities of alleged victims through its production of Ruel 16 discovery or as part of its production of Jencks Act material closer to trial,” according to the letter motion.


courthousenews--2020-08-11--Kansas Sues Interior Department to Block Native American Casino

( CN ) — The State of Kansas asked a federal court Monday to set aside a U.S. Department of Interior decision that allows the Wyandotte Nation of Oklahoma to develop a casino in the Wichita suburb of Park City .
Kansas Attorney General Derek Schmidt claims the state was illegally left out of discussions about accepting the land into trust and that gaming on the land requires the approval of both the governor and the secretary of the Interior Department .
“ The State has been deprived of its lawful right of consultation and approval regarding Indian gaming on @ @ @ @ @ @ @ it was not consulted about the matter nor was its approval sought or given for gaming to occur on the land in issue , ” Schmidt claims in a 38-page lawsuit .
In 1984 , Congress passed a law mandating the distribution of funds granted to the Wyandotte Nation in several judgments against the U.S. in the late 1970s — the tribe succeeded on claims it had received “ unconscionable ” compensation for land it ceded to the U.S. by treaties .
Public Law 602 set aside $ 100,000 for the purchase of @ @ @ @ @ @ @ first invested the funds , according to the lawsuit , before purchasing land in Kansas City , Kansas , for $ 180,000 in 1996 .
The Department of the Interior agreed to acquire the land — known as the Shriner Tract — in trust , and the tribe now operates a Class II casino there with chance games like bingo .
Throughout 14 years of litigation over the Kansas City property , the Wyandotte Nation told federal courts , “ that the Shriner Tract trust acquisition fulfilled the mandate of PL 602 and @ @ @ @ @ @ @ Wyandotte could be predicated on the mandatory trust provisions , ” according to the complaint .
However , in 2006 , the Wyandotte Nation applied to the Bureau of Indian Affairs to have land it had purchased in Park City , Kansas , in 1992 included in the trust alongside the Kansas City property .
The land was purchased for $ 25,000 , which came from the tribe ’ s investment of the “ real property ” funds .
The federal government initially denied the request in 2014 , but after a review @ @ @ @ @ @ @ records , current Assistant Secretary of Indian Affairs Tara Sweeney approved the Wyandotte Nation ’ s application on May 20 .
“ These materials were evidently reviewed between October , 2017 , and May , 2020 , ” the complaint states .
“ Yet , no notice of any kind was provided to Kansas or any of the other Plaintiffs despite their significant participation in the administrative proceedings and litigation involving the proposed … Park City trust acquisition between September , 2010 , and July , 2014.
” In a press release , @ @ @ @ @ @ @ the state only learned about the May 20 decision from news reports .
Kansas contends that the Wyandotte Nation ’ s Park City land does not belong in the trust , because “ the mandate of PL 602 was finally and completely fulfilled long ago when the Shriner Tract was placed in trust in July 1996 under the mandatory provisions of PL 602.
” The Sac and Fox Nation of Missouri in Kansas and Nebraska as well as the Iowa Tribe of Kansas and Nebraska also appear as plaintiffs in the lawsuit .
@ @ @ @ @ @ @ to operate Class III Casinos with electronic slot machines and card games .
The complaint asks the court to reverse the federal government ’ s most recent decision under the Administrative Procedure Act and allow the Sunflower State to regulate gambling with its borders .
The U.S. Department of Interior and the Wyandotte Nation did not immediately respond to requests for comment Monday .

The State of Kansas asked a federal court Monday to set aside a U.S. Department of Interior decision that allows the Wyandotte Nation of Oklahoma to develop a casino in the Wichita suburb of Park City.
(CN) — The state of Kansas asked a federal court Monday to set aside a U.S. Department of Interior decision that allows the Wyandotte Nation of Oklahoma to develop a casino in the Wichita suburb of Park City.
Kansas Attorney General Derek Schmidt claims the state was illegally left out of discussions about accepting the land into trust and that gaming on the land requires the approval of both the governor and the secretary of the Interior Department.
“The state has been deprived of its lawful right of consultation and approval regarding Indian gaming on the tract of land in issue as it was not consulted about the matter nor was its approval sought or given for gaming to occur on the land in issue,” Schmidt claims in a 38-page lawsuit.
In 1984, Congress passed a law mandating the distribution of funds granted to the Wyandotte Nation in several judgments against the U.S. in the late 1970s — the tribe succeeded on claims it had received “unconscionable” compensation for land it ceded to the U.S. by treaties.
Public Law 602 set aside $100,000 for the purchase of real property, but the Wyandotte Nation first invested the funds, according to the lawsuit, before purchasing land in Kansas City, Kansas, for $180,000 in 1996. The Department of the Interior agreed to acquire the land — known as the Shriner Tract — in trust, and the tribe now operates a Class II casino there with chance games like bingo.
Throughout 14 years of litigation over the Kansas City property, the Wyandotte Nation told federal courts, “that the Shriner Tract trust acquisition fulfilled the mandate of PL 602 and that no further trust acquisitions for the Wyandotte could be predicated on the mandatory trust provisions," according to the complaint.
However, in 2006, the Wyandotte Nation applied to the Bureau of Indian Affairs to have land it had purchased in Park City, Kansas, in 1992 included in the trust alongside the Kansas City property. The land was purchased for $25,000, which came from the tribe’s investment of the “real property” funds.
The federal government initially denied the request in 2014, but after a review of a new financial analysis and additional records, current Assistant Secretary of Indian Affairs Tara Sweeney approved the Wyandotte Nation’s application on May 20.
“These materials were evidently reviewed between October, 2017, and May, 2020,” the complaint states. “Yet, no notice of any kind was provided to Kansas or any of the other Plaintiffs despite their significant participation in the administrative proceedings and litigation involving the proposed ... Park City trust acquisition between September, 2010, and July, 2014.”
In a press release, the attorney general’s office claims the state only learned about the May 20 decision from news reports.
Kansas contends that the Wyandotte Nation’s Park City land does not belong in the trust, because “the mandate of PL 602 was finally and completely fulfilled long ago when the Shriner Tract was placed in trust in July 1996 under the mandatory provisions of PL 602.”
The Sac and Fox Nation of Missouri in Kansas and Nebraska as well as the Iowa Tribe of Kansas and Nebraska also appear as plaintiffs in the lawsuit. Each signed compacts with Kansas enabling them to operate Class III Casinos with electronic slot machines and card games.
The complaint asks the court to reverse the federal government's most recent decision under the Administrative Procedure Act and allow the Sunflower State to regulate gambling with its borders.
The U.S. Department of Interior and the Wyandotte Nation did not immediately respond to requests for comment Monday.


courthousenews--2020-08-12--Trump Assails Harris as ‘Nasty’ During Covid Press Briefing

WASHINGTON ( CN ) — Upon the announcement that his opponent Joe Biden selected Senator Kamala Harris as his running mate , President Donald Trump used his nightly coronavirus press conference at the White House Tuesday to hurl now ubiquitous insults at the newly coupled contenders .
“ She ’ s told many stories that aren ’ t true .
She wants to slash funding for our military at levels no one would believe .
She ’ s against fracking , against petroleum products and she wants to go into Pennsylvania or Ohio or Oklahoma or the great state of @ @ @ @ @ @ @ at the White House for the nightly briefing .
“ She ’ s in favor of socialized medicine .
You ’ re going to lose your doctors , lose your plan .
She wants to take your health care plan away and from 180 million Americans who are very happy with their health insurance and she wants to take that away.
” In truth , the California Democrat and former prosecutor has said none of these things or advocated for the removal of health care or proposed socialized medicine .
She actively supports @ @ @ @ @ @ @ Barack Obama , while the Trump administration petitioned the Supreme Court less than a month ago to invalidate Obamacare on the grounds that it is unconstitutional on its face .
Harris did vote in favor of an amendment to the national defense spending bill that would promise to reduce “ the boated Pentagon budget by 10 % and invest that money into jobs , education , health care and housing in the communities in the United States in which the poverty rate is not less than 25 % .
” The amendment was @ @ @ @ @ @ @ original spending bill .
“ She was my number one pick .
She was my number one draft pick and we ’ ll see how she works out , ” Trump said before saying just a moment later that he was “ surprised ” Biden selected her as his running mate .
The also president zeroed in on Senator Harris ’ frequently whip-sharp questioning of Judge Brett Kavanaugh during the would-be justice ’ s contentious Senate confirmation hearing in September 2018 .
Harris grilled Kavanaugh on whether he had ever discussed former special @ @ @ @ @ @ @ probe into Russian interference in the 2016 election with Mark Kasowitz , the president ’ s attorney at the time , or anyone at Kasowitz ’ s law firm , Kasowitz Benson Torres .
Kavanaugh struggled at length to respond and relied on asking the senator to tell him who worked at the law firm .
“ Did you speak to anyone at the law firm about the investigation ?
It ’ s a very direct question , ” Harris said , her voice even and her tone measured .
The former district @ @ @ @ @ @ @ if he could think of “ any laws that give the government the power to make decisions about the male body.
” Kavanaugh faced allegations of misconduct and sexual assault ahead of his nomination , thrusting his position on women ’ s rights and reproductive rights into sharp relief .
Kavanaugh hedged , furrowed his brow and again asked the senator to be more specific .
Kavanaugh was ultimately unable to think of any laws that would fit the bill .
On Tuesday , Trump bemoaned Harris ’ questions at that hearing some @ @ @ @ @ @ @ extraordinarily nasty to Judge Kavanaugh .
She was nasty to a level — that was just a horrible thing , the way she was .
The way she treated Justice Kavanaugh and I won ’ t forget that soon , ” Trump said .
Calling Harris “ nasty ” no less than four times during the press conference — a refrain the president has overwhelmingly used to describe female politicians and journalists during his time as president — Trump also said he was surprised the former vice president did not select Massachusetts Senator @ @ @ @ @ @ @ in the primaries , ultimately losing to him but outlasting Harris ’ own 2020 presidential bid .
“ She [ Harris ] was probably nastier than even Pocahontas to Joe Biden , ” Trump said , referring to Warren .
“ And it ’ s hard to pick somebody that is that disrespectful when she said things during the debates that were horrible about Sleepy Joe .
I would think he wouldn ’ t have picked her.
” Harris and Biden tangled at primary debates last year when the California lawmaker called out @ @ @ @ @ @ @ court-ordered busing during the 1970s .
But any bad feelings between the former opponents appears to have evaporated as the weeks of speculation on possible VP picks finally ran out .
“ Back when Kamala was attorney general , she worked closely with Beau .
I watched as they took on the big banks , lifted up working people , and protected women and kids from abuse .
I was proud then , and I ’ m proud now to have her as my partner in this campaign , ” Biden wrote on @ @ @ @ @ @ @ press conference .
Beau Biden was the former vice president ’ s eldest son , who served as Delaware ’ s attorney general before dying of brain cancer five years ago .
In a statement of her own Tuesday , Harris said she was honored Biden picked her because he was the candidate that could “ unify ” the American people after a tumultuous four years .
“ As president , he ’ ll build an America that lives up to our ideals .
I ’ m honored to join him as our @ @ @ @ @ @ @ , and do what it takes to make him our Commander-in-Chief , ” Harris tweeted .
The attacks from the incumbent administration are expected only to ramp up with less than 85 days until the November election .
One such attack unfolded in a minutes-long riff Tuesday night as the president defended his choice of Mike Pence as vice president to an inquiring reporter .
“ I like Mike Pence much better .
He ’ s solid as a rock .
He ’ s done everything you can do .
He ’ s @ @ @ @ @ @ @ it ’ s evangelical or any other group , they respect Mike Pence and I would take him over Kamala and the horrible way she treated Justice Kavanaugh , ” Trump said .
“ It was terrible for her , for our nation .
I thought she was the meanest , most horrible , disrespectful person of anybody in the U.S. Senate.
” Then Trump asserted Biden and Harris would neuter or modify the Second Amendment to the point where it would be unrecognizable .
Harris has proposed a widely popular position on @ @ @ @ @ @ @ and revoking the licenses of gun dealers or manufacturers who are found to break the law .
She has also called for limiting the sale of guns to individuals with a history of domestic violence and abuse .

Upon the announcement that his opponent Joe Biden selected Senator Kamala Harris as his running mate, President Donald Trump used his nightly coronavirus press conference at the White House Tuesday to hurl now ubiquitous insults at the newly coupled contenders.
WASHINGTON (CN) — Upon the announcement that his opponent Joe Biden selected Senator Kamala Harris as his running mate, President Donald Trump used his nightly coronavirus press conference at the White House Tuesday to hurl now ubiquitous insults at the newly coupled contenders.
“She’s told many stories that aren’t true. She wants to slash funding for our military at levels no one would believe. She’s against fracking, against petroleum products and she wants to go into Pennsylvania or Ohio or Oklahoma or the great state of Texas?” Trump asked reporters gathered at the White House for the nightly briefing. “She’s in favor of socialized medicine. You’re going to lose your doctors, lose your plan. She wants to take your health care plan away and from 180 million Americans who are very happy with their health insurance and she wants to take that away.”
In truth, the California Democrat and former prosecutor has said none of these things or advocated for the removal of health care or proposed socialized medicine. She actively supports the federal health care law launched under President Barack Obama, while the Trump administration petitioned the Supreme Court less than a month ago to invalidate the Affordable Care Act on the grounds that it is unconstitutional on its face.
Harris did vote in favor of an amendment to the national defense spending bill that would promise to reduce “the bloated Pentagon budget by 10% and invest that money into jobs, education, health care and housing in the communities in the United States in which the poverty rate is not less than 25%.”
The amendment was ultimately defeated and never tacked onto the original spending bill.
“She was my number-one pick. She was my number-one draft pick, and we’ll see how she works out,” Trump said before saying just a moment later that he was “surprised” Biden selected her as his running mate.
The president also zeroed in on Senator Harris’ frequently whip-sharp questioning of Judge Brett Kavanaugh during the would-be justice’s contentious Senate confirmation hearing in September 2018.
Harris grilled Kavanaugh on whether he had ever discussed former special counsel Robert Mueller or Mueller’s probe into Russian interference in the 2016 election with Mark Kasowitz, the president’s attorney at the time, or anyone at Kasowitz’s law firm, Kasowitz Benson Torres.
Kavanaugh struggled at length to respond and relied on asking the senator to tell him who worked at the law firm.
“Did you speak to anyone at the law firm about the investigation? It’s a very direct question,” Harris said, her voice even and her tone measured.
The former district attorney for San Francisco also pressed Kavanaugh if he could think of “any laws that give the government the power to make decisions about the male body.”
Kavanaugh faced allegations of misconduct and sexual assault ahead of his nomination, thrusting his position on women’s rights and reproductive rights into sharp relief.
Kavanaugh hedged, furrowed his brow and again asked the senator to be more specific.
Harris obliged him.
“Male versus female,” she said.
Kavanaugh was ultimately unable to think of any laws that would fit the bill.
On Tuesday, Trump bemoaned Harris’ questions at that hearing some two years ago.
“She was extraordinarily nasty to Judge Kavanaugh. She was nasty to a level — that was just a horrible thing, the way she was. The way she treated Justice Kavanaugh and I won’t forget that soon,” Trump said.
Calling Harris “nasty” no less than four times during the press conference — a refrain the president has overwhelmingly used to describe female politicians and journalists during his time as president — Trump also said he was surprised the former vice president did not select Massachusetts Senator Elizabeth Warren.
Warren ran against Biden in the primaries, ultimately losing to him but outlasting Harris’ own 2020 presidential bid.
“She [Harris] was probably nastier than even Pocahontas to Joe Biden,” Trump said, referring to Warren. “And it’s hard to pick somebody that is that disrespectful when she said things during the debates that were horrible about Sleepy Joe. I would think he wouldn’t have picked her.”
Harris and Biden tangled at primary debates last year when the California lawmaker called out Biden’s history of opposition to court-ordered busing during the 1970s. But any bad feelings between the former opponents appears to have evaporated as the weeks of speculation on possible VP picks finally ran out.
“Back when Kamala was attorney general, she worked closely with Beau. I watched as they took on the big banks, lifted up working people, and protected women and kids from abuse. I was proud then, and I’m proud now to have her as my partner in this campaign,” Biden wrote on Twitter Tuesday ahead of Trump’s press conference.
Beau Biden was the former vice president’s eldest son, who served as Delaware’s attorney general before dying of brain cancer five years ago.
In a statement of her own Tuesday, Harris said she was honored Biden picked her because he was the candidate that could “unify” the American people after a tumultuous four years.
“As president, he’ll build an America that lives up to our ideals. I’m honored to join him as our party’s nominee for Vice President, and do what it takes to make him our Commander-in-Chief,” Harris tweeted.
The attacks from the incumbent administration are expected only to ramp up with less than 85 days until the November election. One such attack unfolded in a minutes-long riff Tuesday night as the president defended his choice of Mike Pence as vice president to an inquiring reporter.
“I like Mike Pence much better. He’s solid as a rock. He’s done everything you can do. He’s respected by every religious group, whether it’s evangelical or any other group, they respect Mike Pence and I would take him over Kamala and the horrible way she treated Justice Kavanaugh,” Trump said. “It was terrible for her, for our nation. I thought she was the meanest, most horrible, disrespectful person of anybody in the U.S. Senate.”
Then Trump asserted Biden and Harris would neuter or modify the Second Amendment to the point where it would be unrecognizable.
Harris has proposed a widely popular position on guns: moving toward universal background checks and revoking the licenses of gun dealers or manufacturers who are found to break the law.
She has also called for limiting the sale of guns to individuals with a history of domestic violence and abuse.


courthousenews--2020-08-11--Parents of Black Coloradan Sue Police Over His Death

AURORA , Colo. ( CN ) — The parents of a 23-year-old Black man killed in police custody a year ago sued the city of Aurora , Colorado , and several officers involved in federal court on Tuesday .
Massage therapist Elijah McClain was dancing while listening to music on his way home from the corner store at 10:30 p.m. on Aug. 24 , 2019 when three police officers tackled and handcuffed him .
Officer Nathan Woodyard told McClain he had the right to stop him for being suspicious .
Police were responding to a driver ’ s report of @ @ @ @ @ @ @ wearing a face mask and moving his arms as he walked down the street .
McClain often wore a face mask in cool weather because he got cold easily .
McClain was sober , unarmed and had committed no crime .
In their 102-page lawsuit , McClain ’ s family says that “ upon seeing Elijah , [ the police officers ] observed that he was Black , and although he exhibited no suspicious behavior , the officers nonetheless elected to contact him and almost immediately decided to use force against him.
” @ @ @ @ @ @ @ an ambulance , officers held McClain against the ground with two constructive carotid holds and threatened to sic a police dog on him if he resisted , the family says .
On the ground , McClain told police he was an introvert and a vegetarian .
“ Forgive me , ” he told the officers .
“ All I was trying to do was become better.
” “ I can ’ t breathe , ” McClain told police .
Based on audio captured by body cameras , the last words McClain ever spoke @ @ @ @ @ @ @ ’ m trying .
Please help me.
” The cameras fell off police officers ’ uniforms during the arrest .
After vomiting , McClain passed out at the scene and paramedics injected him with 500 milligrams of ketamine — more than double the recommended dose for someone of his size , 143 pounds .
He died three days later .
“ Elijah ’ s killers extinguished the light of a beautiful young man who loved all beings , ” said Mari Newman , the family ’ s attorney , in a statement .
@ @ @ @ @ @ @ firm Killmer Lane & Newman .
“ His compassion for animals was so strong that he played his violin for cats at animal shelters , believing that music eased their loneliness , ” Newman said .
“ Yet when the Aurora Police Department ( APD ) officers encountered Elijah on the evening of Aug. 24 , 2019 , they saw none of the kindness and gentleness for which he was known , but rather just another Black man in America.
” Newman described McClain as the type of person who literally wouldn ’ @ @ @ @ @ @ @ would chase flies away rather that swatting them , ” Newman said .
Last month , activists held several demonstrations in Aurora against police brutality , several of which culminated in clashes with police officers .
Police beat , arrested and used tear gas against protesters on several occasions .
Although Aurora did not discipline any officers involved in McClain ’ s death , it fired three officers who returned to the site of the death last month and took photos mocking the incident .
According to the lawsuit , the city also @ @ @ @ @ @ @ former police officer and municipal defense attorney whose apparent purpose was to help the city dodge liability.
” Police charged McClain with the felony aggravated assault , but the family says in the complaint “ it is the common custom , practice , and de facto policy of the Aurora Police Department to falsely charge citizens who are subject to police force with crimes in order to justify the use of force by police.
” “ For decades , Aurora police have persistently brutalized people of color , and especially Black people , @ @ @ @ @ @ @ proportion in the Aurora community , ” the family says .
As evidence , the family lists more than two dozen other incidents of excessive force including most recently Brittany Gilliam , a Black woman with four children in tow who were all handcuffed on Aug. 2 when police mistook her car for a stolen motorcycle .
Aurora Police used force against 67 % of the people they suspected of committing a misdemeanor in 2019 .
Home to 353,000 people , Aurora is considered Colorado ’ s most diverse city where 46 % @ @ @ @ @ @ @ % is Hispanic and 16 % is Black .
The defendants include 13 members of the Aurora Police Department , the municipality , a paramedic and the medical director of Aurora Fire Rescue .
The city of Aurora declined to comment for this story .
The family accuses the city of Aurora and its police officers with depriving McClain of his Fourth and Fourteenth Amendment rights as well as violating Colorado statutes protecting citizens against wrongful death from battery and negligence .
McClain ’ s parents , Sheneen McClain and Lawayne Mosley , @ @ @ @ @ @ @ to grant “ past and future economic losses on all claims allowed by law , including but not limited to lost earnings and funeral and medical related expenses , ” as well as punitive damages and attorneys ’ fees .

The parents of a 23-year-old Black man killed in police custody a year ago sued the city of Aurora, Colorado, and several officers involved in federal court on Tuesday.
AURORA, Colo. (CN) — The parents of a 23-year-old Black man killed in police custody a year ago sued the city of Aurora, Colorado, and several officers involved in federal court on Tuesday.
Massage therapist Elijah McClain was dancing while listening to music on his way home from the corner store at 10:30 p.m. on Aug. 24, 2019, when three police officers tackled and handcuffed him. Officer Nathan Woodyard told McClain he had the right to stop him for being suspicious.
Police were responding to a driver’s report of a man “behaving oddly,” wearing a face mask and moving his arms as he walked down the street. McClain often wore a face mask in cool weather because he got cold easily.
McClain was sober, unarmed and had committed no crime.
In their 102-page lawsuit, McClain’s family says that "upon seeing Elijah, [the police officers] observed that he was Black, and although he exhibited no suspicious behavior, the officers nonetheless elected to contact him and almost immediately decided to use force against him."
For nearly 20 minutes while waiting for an ambulance, officers held McClain against the ground with two constructive carotid holds and threatened to sic a police dog on him if he resisted, the family says. On the ground, McClain told police he was an introvert and a vegetarian. “Forgive me,” he told the officers. “All I was trying to do was become better.”
“I can’t breathe,” McClain told police. Based on audio captured by body cameras, the last words McClain ever spoke were, “Stop please! I’m trying. Please help me.”
The cameras fell off police officers’ uniforms during the arrest.
After vomiting, McClain passed out at the scene and paramedics injected him with 500 milligrams of ketamine — more than double the recommended dose for someone of his size, 143 pounds. He died three days later.
“Elijah’s killers extinguished the light of a beautiful young man who loved all beings,” said Mari Newman, the family’s attorney, in a statement. Newman practices with the Denver-based civil rights firm Killmer Lane & Newman.
“His compassion for animals was so strong that he played his violin for cats at animal shelters, believing that music eased their loneliness,” Newman said. “Yet when the Aurora Police Department (APD) officers encountered Elijah on the evening of Aug. 24, 2019, they saw none of the kindness and gentleness for which he was known, but rather just another Black man in America.”
Newman described McClain as the type of person who literally wouldn't hurt a fly. “He would chase flies away rather that swatting them,” Newman said.
Last month, activists held several demonstrations in Aurora against police brutality, several of which culminated in clashes with police officers. Police beat, arrested and used tear gas against protesters on several occasions.
Although Aurora did not discipline any officers involved in McClain’s death, it fired three officers who returned to the site of the death last month and took photos mocking the incident.
According to the lawsuit, the city also handed the investigation over to “a former police officer and municipal defense attorney whose apparent purpose was to help the city dodge liability.”
Police charged McClain with the felony aggravated assault, but the family says in the complaint "it is the common custom, practice, and de facto policy of the Aurora Police Department to falsely charge citizens who are subject to police force with crimes in order to justify the use of force by police."
“For decades, Aurora police have persistently brutalized people of color, and especially Black people, at a rate significantly greater than their proportion in the Aurora community,” the family says.
As evidence, the family lists more than two dozen other incidents of excessive force including most recently Brittany Gilliam, a Black woman with four children in tow who were all handcuffed on Aug. 2 when police mistook her car for a stolen motorcycle.
Aurora Police used force against 67% of the people they suspected of committing a misdemeanor in 2019.
Home to 353,000 people, Aurora is considered Colorado's most diverse city where 46% of the population is white, 18% is Hispanic and 16% is Black.
The defendants include 13 members of the Aurora Police Department, the municipality, a paramedic and the medical director of Aurora Fire Rescue.
The city of Aurora declined to comment for this story.
The family accuses the city of Aurora and its police officers with depriving McClain of his Fourth and Fourteenth Amendment rights as well as violating Colorado statutes protecting citizens against wrongful death from battery and negligence.
McClain’s parents, Sheneen McClain and Lawayne Mosley, asked U.S. Magistrate Judge N. Reid Neureiter to grant "past and future economic losses on all claims allowed by law, including but not limited to lost earnings and funeral and medical related expenses," as well as punitive damages and attorneys’ fees.


courthousenews--2020-08-11--Reporter Sues to See Report on LA County Election Meltdown

( CN ) — Los Angeles County ’ s rollout of a $ 300 million custom-made voting system this past March stalled voters at polling places for hours and left a lot of unanswered questions .
Reporter Kim Zetter wrote about LA County ’ s misstep for Politico and has sued for copies of a report detailing what exactly happened with the voting system .
Zetter filed the lawsuit Tuesday in LA County Superior Court .
This past March , voters in LA County were greeted by a new voting system with touchscreen ballots and iPad-like check-ins operated by poll @ @ @ @ @ @ @ Solutions For All People 2.0 voting system was in development for over a decade , but the ePollbook system was not tested to meet the county ’ s demand — namely how individual polling places would sync up with the county ’ s voter database .
This resulted in a bottleneck that left voters waiting in long lines and forced others to cast provisional ballots .
The LA County Board of Supervisors asked the Registrar-Recorder/County Clerk ’ s office to investigate the missteps and that 135-page internal report was released to the public @ @ @ @ @ @ @ system could be improved by November .
A separate , external audit conducted by Slalom Consulting did not see the light of day , with the county choosing to release a summary of the report instead .
A national cybersecurity reporter , Zetter requested a full copy of the report on June 25 , but her request was immediately denied via email .
She followed up with a formal request under the California Public Records Act , which the county also denied on July 27 .
According to Zetter , the county said @ @ @ @ @ @ @ Zetter argues the county has not been able to make a proper “ determination ” as to why it is withholding public records as required by California law nor did it entertain the prospect of redacting portions of the document that could be withheld before they are released .
Finally , Zetter says the records “ contain information that is already public or is not subject to any basis for withholding ” under California law .
Zetter is represented by attorneys James Wheaton and Paul Clifford of the First Amendment Project .
This @ @ @ @ @ @ @ full copy of the Slalom report .
A county spokesperson said the county would not release the full document to the public because the report “ contains confidential information prepared for the Board of Supervisors and intended to safeguard and improve the voting system and the technology that supports it .
”

Los Angeles County’s rollout of a $300 million custom-made voting system this past March stalled voters at polling places for hours and left a lot of unanswered questions.
(CN) — Los Angeles County’s rollout of a $300 million custom-made voting system this past March stalled voters at polling places for hours and left a lot of unanswered questions.
Reporter Kim Zetter wrote about LA County’s misstep for Politico and has sued for copies of a report detailing what exactly happened with the voting system. Zetter filed the lawsuit Tuesday in LA County Superior Court.
This past March, voters in LA County were greeted by a new voting system with touchscreen ballots and iPad-like check-ins operated by poll workers. The $300 million Voting Solutions For All People 2.0 voting system was in development for over a decade, but the ePollbook system was not tested to meet the county’s demand — namely how individual polling places would sync up with the county’s voter database.
This resulted in a bottleneck that left voters waiting in long lines and forced others to cast provisional ballots. The LA County Board of Supervisors asked the Registrar-Recorder/County Clerk’s office to investigate the missteps and that 135-page internal report was released to the public, with recommendations on how the voting system could be improved by November.
A separate, external audit conducted by Slalom Consulting did not see the light of day, with the county choosing to release a summary of the report instead.
A national cybersecurity reporter, Zetter requested a full copy of the report on June 25, but her request was immediately denied via email. She followed up with a formal request under the California Public Records Act, which the county also denied on July 27.
According to Zetter, the county said the records were exempt from disclosure. Zetter argues the county has not been able to make a proper “determination” as to why it is withholding public records as required by California law nor did it entertain the prospect of redacting portions of the document that could be withheld before they are released. Finally, Zetter says the records “contain information that is already public or is not subject to any basis for withholding” under California law.
Zetter is represented by attorneys James Wheaton and Paul Clifford of the First Amendment Project.
This past June, Courthouse News requested a full copy of the Slalom report. A county spokesperson said the county would not release the full document to the public because the report “contains confidential information prepared for the Board of Supervisors and intended to safeguard and improve the voting system and the technology that supports it.”


courthousenews--2020-08-11--Coast Guard Blamed for Death of Immigrant Trying to Cross Border

NEW ORLEANS ( CN ) — Why a Coast Guard vessel suddenly accelerated in a channel between Mexico and the U.S. just before a 24-year-old Mexican national trying to cross was killed by the boat ’ s propeller is a mystery , an attorney for the woman ’ s family told a Fifth Circuit panel Tuesday .
But what is known – that the vessel that hit Patricia Guadalupe Garcia Cervantes “ was operating at night , without lights , at an unsafe speed ” – is enough to establish foreseeability , said Javier Villarreal , the attorney representing Cervantes @ @ @ @ @ @ @ they filed three years ago .
Cervantes ’ body was found on the bank of the Brownsville Ship Channel early the next morning , April 24 , 2015 , after it was brought to the U.S. Coast Guard ’ s attention by a man who was later arrested for smuggling Cervantes across the channel , Galdino Jose Ruiz-Hernandez , an undocumented immigrant from Oaxaca , Mexico .
The pink floatie Cervantes had used as a floatation device to cross the channel was later found on the water ’ s bank .
Villarreal told @ @ @ @ @ @ @ fact the Coast Guard boat suddenly accelerated from roughly 10 knots to 30 knots at night as it patrolled an area called Shrimp Basin , known for illegal crossings , should be enough to establish that the boat ’ s captain would have known he might run the risk of encountering an immigrant in the channel and should never have been going that fast .
Justice Department attorney Dennis Fan , arguing on behalf of the federal government , said Cervantes should have been making noise or had lights on her to alert @ @ @ @ @ @ @ water .
But Villarreal pushed back on that argument during rebuttal .
“ There is no reason for him to be going at that speed , 2 miles from the Mexican border where there are immigrants ” trying to cross , he told the panel .
U.S .
Circuit Judge Edith Jones , a Ronald Reagan appointee who called the case “ extremely fact intensive ” at the start of Tuesday ’ s hearing , replied that the Coast Guard would have thought it was “ extremely unusual ” for Cervantes , who @ @ @ @ @ @ @ the channel with her pink childish floatie in the first place .
Villarreal disagreed and recounted the night of April 23 .
He said the floatie had been purchased from a store in Mexico for Cervantes by her smuggler shortly before her journey .
“ It was under the cover of darkness , at the end of the day .
That is what [ the Coast Guard crew ] are doing – they are looking for illegal aliens .
How can we say it was unforeseeable ?
” Villarreal asked the judges .
@ @ @ @ @ @ @ the Mississippi it would be a different argument , ” the attorney added .
“ No one swims across the Mississippi .
But in Brownsville , this is a separate instance.
” Villarreal also said undocumented immigrants frequently use floatation devices .
The Coast Guard ’ s own incident report about Cervantes ’ death said “ migrant and drug smuggling activities have occurred along the length of the BSC , most commonly under the cover of darkness , at night and in the early morning .
The general vicinity of the Shrimp Basin @ @ @ @ @ @ @ activity occurs.
” The incident report goes on to say that “ undocumented immigrants and smugglers typically use floatation devices , including inner tubes , to assist them to cross the BSC.
” The Coast Guard did not immediately respond to an emailed request for comment .
U.S .
Circuit Judges E. Grady Jolly , also a Reagan appointee , and Don R. Willett , an appointee of President Donald Trump , also sat on the panel .
The judges did not indicate how or when they will rule on the issue .

Why a Coast Guard vessel suddenly accelerated in a channel between Mexico and the U.S. just before a 24-year-old Mexican national trying to cross was killed by the boat’s propeller is a mystery, an attorney for the woman’s family told a Fifth Circuit panel Tuesday.
NEW ORLEANS (CN) — Why a Coast Guard vessel suddenly accelerated in a channel between Mexico and the U.S. just before a 24-year-old Mexican national trying to cross was killed by the boat’s propeller is a mystery, an attorney for the woman’s family told a Fifth Circuit panel Tuesday.
But what is known — that the vessel that hit Patricia Guadalupe Garcia Cervantes “was operating at night, without lights, at an unsafe speed” — is enough to establish foreseeability, said Javier Villarreal, the attorney representing Cervantes’ husband and daughter in a lawsuit they filed three years ago.
Cervantes’ body was found on the bank of the Brownsville Ship Channel early the next morning, April 24, 2015, after it was brought to the U.S. Coast Guard’s attention by a man who was later arrested for smuggling Cervantes across the channel, Galdino Jose Ruiz-Hernandez, an undocumented immigrant from Oaxaca, Mexico. The pink floatie Cervantes had used as a floatation device to cross the channel was later found on the water’s bank.
Villarreal told the Fifth Circuit judges Tuesday that the fact the Coast Guard boat suddenly accelerated from roughly 10 knots to 30 knots at night as it patrolled an area called Shrimp Basin, known for illegal crossings, should be enough to establish that the boat’s captain would have known he might run the risk of encountering an immigrant in the channel and should never have been going that fast.
Justice Department attorney Dennis Fan, arguing on behalf of the federal government, said Cervantes should have been making noise or had lights on her to alert passing ships that she was in the water.
But Villarreal pushed back on that argument during rebuttal.
“There is no reason for him to be going at that speed, 2 miles from the Mexican border where there are immigrants” trying to cross, he told the panel.
U.S. Circuit Judge Edith Jones, a Ronald Reagan appointee who called the case “extremely fact intensive” at the start of Tuesday’s hearing, replied that the Coast Guard would have thought it was “extremely unusual” for Cervantes, who could barely swim, to be in the channel with her pink childish floatie in the first place.
Villarreal disagreed and recounted the night of April 23. He said the floatie had been purchased from a store in Mexico for Cervantes by her smuggler shortly before her journey.
“It was under the cover of darkness, at the end of the day. That is what [the Coast Guard crew] are doing — they are looking for illegal aliens. How can we say it was unforeseeable?” Villarreal asked the judges.
“If she had been swimming across the Mississippi it would be a different argument,” the attorney added. “No one swims across the Mississippi. But in Brownsville, this is a separate instance.”
Villarreal also said undocumented immigrants frequently use floatation devices.
The Coast Guard’s own incident report about Cervantes’ death said “migrant and drug smuggling activities have occurred along the length of the BSC, most commonly under the cover of darkness, at night and in the early morning. The general vicinity of the Shrimp Basin is one known area where this illegal activity occurs.”
The incident report goes on to say that “undocumented immigrants and smugglers typically use floatation devices, including inner tubes, to assist them to cross the BSC.”
The Coast Guard did not immediately respond to an emailed request for comment.
U.S. Circuit Judges E. Grady Jolly, also a Reagan appointee, and Don R. Willett, an appointee of President Donald Trump, also sat on the panel. The judges did not indicate how or when they will rule on the issue.


courthousenews--2020-08-11--Tribe Says Border Wall Construction Is Trashing Burial Sites

SAN DIEGO ( CN ) — The Kumeyaay people , whose presence along the San Diego-Mexico border preceded the international boundary now designated by fencing President Donald Trump is fortifying with a wall , sued the federal government this week , claiming border wall construction is desecrating sacred burial sites .
The La Posta Band of Diegueno Mission Indians sued Trump , the Department of Homeland Security and border officials in the Southern District of California on Tuesday , claiming border wall construction along San Diego ’ s boundary with Mexico violates the Administrative Procedures Act and constitutional rights of @ @ @ @ @ @ @ temporarily blocking border wall construction and for a monitoring program to allow tribal monitors to stop work to recover human remains and cultural items uncovered during construction .
Young tribal members have been leading a protest by blocking access roads used for the border wall construction project .
The tribe says its members have been threatened with arrest and criminal trespass while attempting to access sites to pray and engage in religious ceremonies within the project area .
One of 12 bands of Kumeyaay people , the La Posta Reservation is located along @ @ @ @ @ @ @ San Diego .
Kumeyaay people have lived in the San Diego border region for 12,000 years , moving through a system of trails , some of which have religious significance based on a creation story like the story of Genesis in the Bible .
The creation story features landmarks of the Southern California terrain , including sites along the U.S.-Mexico border .
“ La Posta citizens hold ceremonies and gatherings at these places , and without access to them , the Kumeyaay people are not able to practice their religion , ” the @ @ @ @ @ @ @ complaint .
The Kumeyaay also have burial practices which require the proper treatment of deceased tribal members in the event of exhumation to ensure proper reburial .
They claim border wall construction is defiling their ancestral burial sites .
Only one “ cultural monitor ” from the tribe has been allowed within the 21-mile project area , according to the complaint .
When the cultural monitor observed an exhumation , she was denied access to “ properly treat the remains in a culturally appropriate manner.
” The complaint notes human remains have been @ @ @ @ @ @ @ construction — on July 10 — but “ CBP did nothing to protect them from the path of a heavy construction equipment ” in violation of the Native American Graves Protection and Repatriation Act .
“ Defendants are currently constructing the border wall directly through Kumeyaay burial sites and sacred lands , causing irreversible and easily avoidable damage to Kumeyaay remains , cultural items , history and religious practices , ” the tribe claims .
“ Jacumba , known to contain an ancient tribal cemetery , and Tecate , a historical Kumeyaay village @ @ @ @ @ @ @ of the border wall project , ” the tribe adds .
Pointing to a Ninth Circuit finding that Trump ’ s reallocation of Department of Defense funds to border wall construction was unlawful , the tribe claims $ 3.8 billion in Pentagon funds appropriated for other purposes were illegally transferred by Defense Secretary Mark Esper this past February .
That money is funding the construction of 14 miles of replacement border wall and seven miles of new border wall in San Diego and Imperial counties .
In July , however , the Supreme @ @ @ @ @ @ @ ’ s diversion of military funds to pay for the project .
Acting Homeland Security Secretary Chad Wolf invoked the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 as the authority for constructing the project and waiving applicable federal laws .
Other groups and the state of California have also challenged the use of the act to waive environmental protection laws abandoned during construction of the border wall , but their legal challenges have failed .
“ To avoid having to account for the significant cultural , historical , religious and environmental @ @ @ @ @ @ @ Secretary Wolf waived multiple federal laws designed to protect historical , religious and cultural resources , the environment and the rights of Indian tribes and their members , ” the La Posta Band claims .
As a result , the tribe says the federal government has failed to consult with them regarding the project ’ s impacts on religious and cultural resources .
While Customs and Border Protection officials engaged in a phone call with tribal representatives in June , a Zoom call on July 8 and a site visit on July 10 @ @ @ @ @ @ @ been provided sufficient information about the construction plans .
“ Both CBP and Army Corps representatives were informed about the presence of Kumeyaay human remains and burials in the line of construction .
CBP has failed to stop construction to investigate any of the human remains , despite pleas from La Posta , ” the tribe claims .
The La Posta Band of Diegueno Mission Indians is represented by Michelle LaPena of Sacramento-based Rosette LLP .
She did not immediately return phone and email requests for comment .
The Department of Justice did @ @ @ @ @ @ @ .

The Kumeyaay people, whose presence along the San Diego-Mexico border preceded the international boundary now designated by fencing President Donald Trump is fortifying with a wall, sued the federal government this week, claiming border wall construction is desecrating sacred burial sites.
SAN DIEGO (CN) — The Kumeyaay people, whose presence along the San Diego-Mexico border preceded the international boundary now designated by fencing President Donald Trump is fortifying with a wall, sued the federal government this week, claiming border wall construction is desecrating sacred burial sites.
The La Posta Band of Diegueno Mission Indians sued Trump, the Department of Homeland Security and border officials in the Southern District of California on Tuesday, claiming border wall construction along San Diego’s boundary with Mexico violates the Administrative Procedures Act and constitutional rights of tribal members.
They seek an injunction temporarily blocking border wall construction and for a monitoring program to allow tribal monitors to stop work to recover human remains and cultural items uncovered during construction.
Young tribal members have been leading a protest by blocking access roads used for the border wall construction project. The tribe says its members have been threatened with arrest and criminal trespass while attempting to access sites to pray and engage in religious ceremonies within the project area.
One of 12 bands of Kumeyaay people, the La Posta Reservation is located along the Laguna Mountains 56 miles east of San Diego. Kumeyaay people have lived in the San Diego border region for 12,000 years, moving through a system of trails, some of which have religious significance based on a creation story like the story of Genesis in the Bible.
The creation story features landmarks of the Southern California terrain, including sites along the U.S.-Mexico border.
“La Posta citizens hold ceremonies and gatherings at these places, and without access to them, the Kumeyaay people are not able to practice their religion,” the Native American tribe claims in its 19-page complaint.
The Kumeyaay also have burial practices which require the proper treatment of deceased tribal members in the event of exhumation to ensure proper reburial. They claim border wall construction is defiling their ancestral burial sites.
Only one “cultural monitor” from the tribe has been allowed within the 21-mile project area, according to the complaint. When the cultural monitor observed an exhumation, she was denied access to “properly treat the remains in a culturally appropriate manner.”
The complaint notes human remains have been found at least once during border wall construction — on July 10 — but “CBP did nothing to protect them from the path of a heavy construction equipment” in violation of the Native American Graves Protection and Repatriation Act.
“Defendants are currently constructing the border wall directly through Kumeyaay burial sites and sacred lands, causing irreversible and easily avoidable damage to Kumeyaay remains, cultural items, history and religious practices,” the tribe claims.
“Jacumba, known to contain an ancient tribal cemetery, and Tecate, a historical Kumeyaay village site, are located within the path of the border wall project,” the tribe adds.
Pointing to a Ninth Circuit finding that Trump’s reallocation of Department of Defense funds to border wall construction was unlawful, the tribe claims $3.8 billion in Pentagon funds appropriated for other purposes were illegally transferred by Defense Secretary Mark Esper this past February.
That money is funding the construction of 14 miles of replacement border wall and seven miles of new border wall in San Diego and Imperial counties. In July, however, the Supreme Court declined to stop the federal government’s diversion of military funds to pay for the project.
Acting Homeland Security Secretary Chad Wolf invoked the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 as the authority for constructing the project and waiving applicable federal laws.
Other groups and the state of California have also challenged the use of the act to waive environmental protection laws abandoned during construction of the border wall, but their legal challenges have failed.
“To avoid having to account for the significant cultural, historical, religious and environmental impacts of his rash actions, Acting Secretary Wolf waived multiple federal laws designed to protect historical, religious and cultural resources, the environment and the rights of Indian tribes and their members,” the La Posta Band claims.
As a result, the tribe says the federal government has failed to consult with them regarding the project’s impacts on religious and cultural resources. While Customs and Border Protection officials engaged in a phone call with tribal representatives in June, a Zoom call on July 8 and a site visit on July 10, the tribe claims they have not been provided sufficient information about the construction plans.
“Both CBP and Army Corps representatives were informed about the presence of Kumeyaay human remains and burials in the line of construction. CBP has failed to stop construction to investigate any of the human remains, despite pleas from La Posta,” the tribe claims.
The La Posta Band of Diegueno Mission Indians is represented by Michelle LaPena of Sacramento-based Rosette LLP. She did not immediately return phone and email requests for comment.
The Department of Justice did not return an email request for comment.


courthousenews--2020-08-11--California Courts Covid Update

California Courts Covid Update

Aug. 5 , 2020 : Order for face masks , social distancing , check in , and contract tracing Aug. @ @ @ @ @ regarding those who test positive , masks , and social distancing


Top Eight

Your Tuesday night briefing from the staff of Courthouse News Top eight CNS stories for today including presumptive Democratic presidential nominee Joe Biden selected California Senator Kamala Harris as his running mate ; Minnesota voters headed to socially distanced polls to cast ballots in the state ’ s primary election ; Russian President Vladimir Putin announced approval for a coronavirus vaccine that has not undergone the most critical phase of its clinical trials , and more .
Sign up for CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your email Monday through @ @ @ @ @ @ @ presidential nominee Joe Biden selected California Senator Kamala Harris as his running mate Tuesday , upholding a debate promise to pick a woman to round out his ticket .
2 . )
The en banc D.C .
Circuit showed little patience Tuesday for the lawyer fighting to get Michael Flynn ’ s prosecution dismissed without a study of the government ’ s motives .
3 . )
Democrats and Republicans are still at an impasse in negotiations over another Covid-19 relief bill , with Senate Majority Leader Mitch McConnell saying Tuesday additional aid @ @ @ @ @ @ @ red line the GOP will not cross .
4 . )
Freshly spritzed with hand sanitizer , Minnesota voters headed to socially distanced polls Tuesday morning to vote in the state ’ s primary election , featuring several hotly contested races .
5 . )
A federal judge on Tuesday denied a voting rights group ’ s request for an order barring Georgia election officials from requiring voters to pay for their own postage to submit absentee ballots and ballot applications .
6 . )
Most of the approximately 550 people arrested in @ @ @ @ @ @ @ in protests against police brutality and systemic racism won ’ t be prosecuted , Multnomah County District Attorney Mike Schmidt announced Tuesday .
7 . )
Tens of thousands of Russians will be given a vaccine against the coronavirus after President Vladimir Putin announced approval Tuesday for a drug that has not undergone the most critical phase of its clinical trials .
8 . )
Is Europe on the verge of seeing its last dictatorship topple ?
That ’ s the hope of many both across the continent and in Belarus , the @ @ @ @ @ @ @ call Europe ’ s last authoritarian strongman .

Top eight CNS stories for today including presumptive Democratic presidential nominee Joe Biden selected California Senator Kamala Harris as his running mate; Minnesota voters headed to socially distanced polls to cast ballots in the state’s primary election; Russian President Vladimir Putin announced approval for a coronavirus vaccine that has not undergone the most critical phase of its clinical trials, and more.
Your Tuesday night briefing from the staff of Courthouse News
Top eight CNS stories for today including presumptive Democratic presidential nominee Joe Biden selected California Senator Kamala Harris as his running mate; Minnesota voters headed to socially distanced polls to cast ballots in the state’s primary election; Russian President Vladimir Putin announced approval for a coronavirus vaccine that has not undergone the most critical phase of its clinical trials, 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.) Presumptive Democratic presidential nominee Joe Biden selected California Senator Kamala Harris as his running mate Tuesday, upholding a debate promise to pick a woman to round out his ticket.
Democratic presidential candidate, Sen. Kamala Harris, D-Calif., speaks at the 25th Essence Festival in New Orleans, Saturday, July 6, 2019. (AP Photo/Gerald Herbert)
2.) The en banc D.C. Circuit showed little patience Tuesday for the lawyer fighting to get Michael Flynn’s prosecution dismissed without a study of the government’s motives.
Screenshot a remote D.C. Circuit hearing held Tuesday, Aug. 11, on the government’s bid to dismiss its prosecution of former national security adviser Michael Flynn.
3.) Democrats and Republicans are still at an impasse in negotiations over another Covid-19 relief bill, with Senate Majority Leader Mitch McConnell saying Tuesday additional aid to local and state governments is a red line the GOP will not cross.
House Speaker Nancy Pelosi of Calif., center, accompanied by Senate Minority Leader Sen. Chuck Schumer of N.Y., left, speak to reporters following a meeting with Treasury Secretary Steven Mnuchin and White House Chief of Staff Mark Meadows as they continue to negotiate a coronavirus relief package on Capitol Hill in Washington, Friday, Aug. 7, 2020. (AP Photo/Andrew Harnik)
Regional
4.) Freshly spritzed with hand sanitizer, Minnesota voters headed to socially distanced polls Tuesday morning to vote in the state’s primary election, featuring several hotly contested races.
Amanda and Mason Fong voted for incumbent Congresswoman Ilhan Omar at Bethel Evangelical Lutheran Church in Minneapolis on Tuesday, Aug. 11, 2020. (Courthouse News photo/Andy Monserud)
5.) A federal judge on Tuesday denied a voting rights group’s request for an order barring Georgia election officials from requiring voters to pay for their own postage to submit absentee ballots and ballot applications.
FILE - In this March 10, 2020, file photo wearing gloves, a King County Election worker collect ballots from a drop box in the Washington State primary in Seattle. Washington is a vote by mail state. A new poll from The Associated Press-NORC Center for Public Affairs Research finds Democrats are now much more likely than Republicans to support their state conducting elections exclusively by mail, 47% to 29%. (AP Photo/John Froschauer, File)
6.) Most of the approximately 550 people arrested in Portland, Oregon, since May 29 in protests against police brutality and systemic racism won’t be prosecuted, Multnomah County District Attorney Mike Schmidt announced Tuesday.
Speakers address a crowd of over 1,000 protesters in Portland on Friday night. (Courthouse News photo/Karina Brown)
International
7.) Tens of thousands of Russians will be given a vaccine against the coronavirus after President Vladimir Putin announced approval Tuesday for a drug that has not undergone the most critical phase of its clinical trials.
Russian President Vladimir Putin attends a cabinet meeting at the Novo-Ogaryovo residence outside Moscow, Russia, Tuesday, Aug. 11, 2020. Putin says that a coronavirus vaccine developed in the country has been registered for use and one of his daughters has already been inoculated. Speaking at a government meeting Tuesday, Aug. 11, 2020, Putin said that the vaccine has proven efficient during tests, offering a lasting immunity from the coronavirus. (Alexei Nikolsky, Sputnik, Kremlin Pool Photo via AP)
8.) Is Europe on the verge of seeing its last dictatorship topple? That’s the hope of many both across the continent and in Belarus, the former Soviet state ruled by what many call Europe’s last authoritarian strongman.


courthousenews--2020-08-11--Portland DA Won’t Pursue Charges Against Most Protesters

PORTLAND , Ore. ( CN ) — Most of the approximately 550 people arrested in Portland , Oregon , since May 29 in protests against police brutality and systemic racism won ’ t be prosecuted , Multnomah County District Attorney Mike Schmidt announced Tuesday .
Just 11 days into his new term as elected district attorney , Schmidt announced Tuesday that his office will decline to prosecute cases related to the protests that do not involve violence , theft , or deliberate property damage .
His office will not pursue charges of disorderly conduct , interfering with a police officer @ @ @ @ @ @ @ rioting .
There will be no change in how prosecutors handle cases like arson and assault .
Schmidt said Tuesday that the policy was an attempt to “ create a forum ” for Portlanders to express their “ collective grief , anger and frustration ” about the death of George Floyd , a Black man killed by a white Minneapolis police officer who kneeled on his neck for nearly nine minutes , and about “ the countless other abuses people of color have endured in our country throughout history .
“ As prosecutors @ @ @ @ @ @ @ that motivates these demonstrations and support those who are civically engaged through peaceful protesting , ” Schmidt said at a Tuesday press conference .
“ We recognize that we will undermine public safety , not promote it , if we leverage the force of our criminal justice system against peaceful protestors who are demanding to be heard.
” Charges of resisting arrest will be treated with “ a high level of scrutiny , ” to consider the chaos of mass demonstrations and whether police have subjected protesters to clouds of tear gas in @ @ @ @ @ @ @ .
He added that his office has a team of 10 deputy district attorneys reviewing all protest-related charges .
Out of about 550 people arrested for their part in Portland ’ s 75 straight days of protests against police brutality and systemic racism , about 50 were charged with felonies that have already been prosecuted , according to Nathan Vasquez , senior deputy district attorney .
Another 100 were charged with felonies in cases where Schmidt ’ s office has asked police to complete additional investigation before deciding whether to pursue the charges @ @ @ @ @ @ @ misdemeanors , Schmidt ’ s office will likely drop all charges .
The announcement came on the day after police arrested hate crime survivor Demetria Hester .
Hester was assaulted in 2017 by Jeremy Christian , on the night before Christian slashed the throats of three men on a crowded commuter train , killing two .
The night before the murders , Christian cornered Hester on a MAX light-rail train and screamed racist insults at her .
He followed her off the train and assaulted her , damaging her vision in one eye @ @ @ @ @ @ @ managed to get away , and immediately reported the incident to a Portland police officer who had been called to the scene by the train ’ s conductor .
But the officer let Christian walk away from the train , instead focusing his questioning on Hester .
Seventeen hours later , Christian murdered two men and nearly killed a third on that very same train .
At his sentencing hearing , Christian again screamed at Hester , this time as she gave her victim impact statement : “ I should have killed you @ @ @ @ @ @ @ deputies dragged him from the courtroom .
Hester is now a prominent protester , out every night leading chants with a megaphone .
She heads the group Mothers United for Black Lives Matter .
Dressed in yellow , the group ’ s members often link arms and form a line directly in front of police , saying they want to protect protesters from police violence .
On Sunday night , police appeared to single Hester out for arrest , plucking her from within a group .
Video of the incident shows her complying @ @ @ @ @ @ @ a van .
Hester was released Monday and Schmidt ’ s office announced that it would drop the charges against her .
Eight hours later , Hester was back in the streets , leading chants with a voice that cracked with exhaustion .
That night , as on many nights of Portland protests , Courthouse News observed violent arrests triggered by protesters throwing small projectiles at a line of riot police , such as eggs and a plastic water bottles .
About 150 people rallied in N.E .
Portland ’ s Alberta Park @ @ @ @ @ @ @ nearby North Precinct .
There , riot police with both the Portland Police Bureau and Oregon State Troopers met protesters , grouped in clusters behind chain link fences and forming a line along the side of the building that sits on Martin Luther King Jr. Avenue .
After a standoff , police rushed the crowd , tackling protesters to the ground and holding some immobile while pepper-spraying them in the face .
Then police pushed the group away from the police precinct and into the neighborhood nearby .
Portland Police , Oregon State @ @ @ @ @ @ @ with four officers in beige fatigues followed protesters west as police announced over a loud speaker that they had declared an unlawful assembly and “ the area ” was closed .
After that , it was a game of cat-and-mouse , with protesters regrouping and heading back toward the North Precinct and then scattering when the police vans tracking them appeared .
It was then , on a residential street , that police found the group Hester was with and tackled her to the ground .
But unlike Sunday night , they didn @ @ @ @ @ @ @ later she thought police had recognized her iconic backpack — bright yellow and covered with images of the cartoon character SpongeBob Squarepants — and used it to haul her roughly to her feet , breaking its straps .
“ You !
Get up and go !
” an officer yelled as he shoved Hester in the back .
Although the policy directs prosecutors ’ actions , rather than directly ordering changes in policing patterns , Schmidt said Tuesday that he hoped it would result in fewer of the types of arrests described above @ @ @ @ @ @ @ policy so it ’ s clear that those types of cases won ’ t be charged , ” Schmidt told Courthouse News .
“ That doesn ’ t say those arrests won ’ t happen .
But it would be my hope that those types of arrests won ’ t happen.
” Schmidt added he met with Portland Police Chief Chuck Lovell this past Friday and incorporated Lovell ’ s criticisms about the treatment of riot charges into the final policy .
As is , prosecutors will drop rioting charges except when accompanied @ @ @ @ @ @ @ destruction .
“ The way we ’ ve been talking about it internally is riot present , versus riot active , ” Schmidt said .
“ What we are doing is recognizing that the right to speak and have your voice heard is very important .
If you are out there harming others or damaging property , those cases will be prosecuted .
But if you are out there protesting and you get caught up in the melee , those are the cases we are talking about .
Not prosecuting those cases will @ @ @ @ @ @ @ hazard.
” A spokeswoman with the Portland Police Bureau did not respond to an inquiry about whether the new policy would change police behavior on the ground .
Next up for review , Schmidt said , will be policies on cash bail and police accountability measures .
Ricardo Lujan-Valerio , head of Portland ’ s Latino Network and part of Schmidt ’ s community transition team , said Tuesday that the new policy was aimed at reimagining what public safety truly means .
“ We are living in a time of reckoning , @ @ @ @ @ @ @ something that has been happening to Black and brown people for a long time .
Why we see people out in the street today is to call for change .
The system is not broken .
It was never built for us.
” Kevin Modika , former assistant Portland police chief and another member Schmidt ’ s community transition team , pointed out that policing in the United States began as a method to enforce slavery and other property rights .
He said Black people have been fighting unjust policing for centuries .
@ @ @ @ @ @ @ afraid of , ” said Modica , who retired in 2017 .
“ I ’ m speaking directly toward those involved in public safety .
The move toward reform has been an ongoing process .
It doesn ’ t mean you can not do your job , but it does mean that after you do your job , you can not hold on to your arrests like a caged animal .
It does mean that you have done your job and now that arrest is going through the system .
”

Most of the approximately 550 people arrested in Portland, Oregon, since May 29 in protests against police brutality and systemic racism won’t be prosecuted, Multnomah County District Attorney Mike Schmidt announced Tuesday.
PORTLAND, Ore. (CN) — Most of the approximately 550 people arrested in Portland, Oregon, since May 29 in protests against police brutality and systemic racism won’t be prosecuted, Multnomah County District Attorney Mike Schmidt announced Tuesday.
Just 11 days into his new term as elected district attorney, Schmidt announced Tuesday that his office will decline to prosecute cases related to the protests that do not involve violence, theft, or deliberate property damage. His office will not pursue charges of disorderly conduct, interfering with a police officer, criminal trespass and most charges of rioting. There will be no change in how prosecutors handle cases like arson and assault.
Schmidt said Tuesday that the policy was an attempt to “create a forum” for Portlanders to express their “collective grief, anger and frustration” about the death of George Floyd, a Black man killed by a white Minneapolis police officer who kneeled on his neck for nearly nine minutes, and about “the countless other abuses people of color have endured in our country throughout history.
“As prosecutors, we acknowledge the depth of emotion that motivates these demonstrations and support those who are civically engaged through peaceful protesting,” Schmidt said at a Tuesday press conference. “We recognize that we will undermine public safety, not promote it, if we leverage the force of our criminal justice system against peaceful protestors who are demanding to be heard.”
Charges of resisting arrest will be treated with “a high level of scrutiny,” to consider the chaos of mass demonstrations and whether police have subjected protesters to clouds of tear gas in the moments before arrests, Schmidt said.
He added that his office has a team of 10 deputy district attorneys reviewing all protest-related charges.
Out of about 550 people arrested for their part in Portland’s 75 straight days of protests against police brutality and systemic racism, about 50 were charged with felonies that have already been prosecuted, according to Nathan Vasquez, senior deputy district attorney. Another 100 were charged with felonies in cases where Schmidt’s office has asked police to complete additional investigation before deciding whether to pursue the charges. For the remaining 400 people facing misdemeanors, Schmidt’s office will likely drop all charges.
The announcement came on the day after police arrested hate crime survivor Demetria Hester. Hester was assaulted in 2017 by Jeremy Christian, on the night before Christian slashed the throats of three men on a crowded commuter train, killing two. The night before the murders, Christian cornered Hester on a MAX light-rail train and screamed racist insults at her. He followed her off the train and assaulted her, damaging her vision in one eye.
Hester sprayed Christian with Mace and managed to get away, and immediately reported the incident to a Portland police officer who had been called to the scene by the train’s conductor. But the officer let Christian walk away from the train, instead focusing his questioning on Hester. Seventeen hours later, Christian murdered two men and nearly killed a third on that very same train.
At his sentencing hearing, Christian again screamed at Hester, this time as she gave her victim impact statement: “I should have killed you, bitch!” Christian yelled as deputies dragged him from the courtroom.
Hester is now a prominent protester, out every night leading chants with a megaphone. She heads the group Mothers United for Black Lives Matter. Dressed in yellow, the group’s members often link arms and form a line directly in front of police, saying they want to protect protesters from police violence. On Sunday night, police appeared to single Hester out for arrest, plucking her from within a group. Video of the incident shows her complying with officers as they lead her to a van.