courthousenews--2020-07-31--First Circuit Overturns Boston Marathon Bomber’s Death Sentence

BOSTON ( CN ) — The Boston Marathon bomber ’ s death sentence was overturned Friday by the First Circuit , which said several jurors in the case were biased and he was entitled to a new trial to determine whether he should be put to death .
The court also reversed three of Dzhokhar Tsarnaev ’ s convictions for carrying a firearm during a crime of violence .
But “ just to be crystal clear , ” U.S .
Circuit Judge O. Rogeriee Thompson wrote , “ Dzhokhar will remain confined to prison for the rest of his life @ @ @ @ @ @ @ whether the government will end his life by executing him.
” The court also ruled by a 2-1 vote that it was fair to have tried Dzhokhar in Boston , the city where he and his brother Tamerlan set off two bombs at the finish line of the marathon in April 2013 that killed three people and injured more than 260 others .
Tamarlan died in a gunfight with police a few days after the attack , which Thompson described as “ ghastly.
” Dzhokhar was later found hiding and was arrested .
@ @ @ @ @ @ @ in the bombing but claimed that his brother was the mastermind and intimidated him into going along with it .
The jury nevertheless voted for the death penalty .
“ Radical jihadists bent on killing Americans , the duo caused battlefield-like carnage , ” Thompson wrote , conveying that she understood the city ’ s anger at the attack even as she spared its perpetrator ’ s life .
In fact , the 224-page ruling read in parts more like emotional storytelling than a typical appellate decision .
“ Now brace yourself , @ @ @ @ @ @ @ wrote before describing some of the victims ’ injuries in detail .
“ Locals quickly adopted the ‘ Boston Strong ’ slogan to convey a message of courage and resilience , ” she later said .
“ And the Boston Strong movement remains vibrant to this very day.
” However , Dzhokhar didn ’ t get a fair trial as to the death penalty , Thompson said , because two jurors lied when they told the judge they hadn ’ t posted on social media regarding the bombing or the trial .
Evidence @ @ @ @ @ @ @ capture , one juror had retweeted a post that said , “ Told y ’ all .
Welcome To Boston The City Of CHAMPS !
We get our shit DONE !
# BostonStrong.
” She also retweeted a post that said , “ Congratulations to all of the law enforcement professionals who worked so hard and went through hell to bring in that piece of garbage.
” The other juror had posted on Facebook about being called for jury duty in the case , to which a friend responded , “ Play the @ @ @ @ @ @ @ then send him to jail where he will be taken care of.
” This unfairly tainted the massive jury selection process , which involved 1,373 potential jurors and lasted 21 days , Thompson said .
The court ordered a new trial on the death penalty , which will take place in Boston .
Thompson said it was fair to try Dzhokhar in Boston the first time because polling showed that even in the city only about a third of people favored the death penalty prior to the trial , and polling in other @ @ @ @ @ @ @ The court also noted that while there was massive pretrial publicity about the case , virtually all of it was accurate and simply reported facts that Dzhokhar later admitted in court .
But U.S .
Circuit Judge Juan Torruella , a Reagan appointee , disagreed and said there was no way Dzhokhar could get a fair trial in Boston given all the publicity and emotional feelings about the incident , which caused then-Governor Deval Patrick to order almost a million citizens to shelter in place for an entire day .
“ If this @ @ @ @ @ @ @ for a change of venue , there is no set of circumstances that will meet this standard , ” he wrote .
Torruella also noted the civic pride behind the “ Boston Strong ” slogan and commented that sometimes , “ pride begets prejudice.
” Dzhokhar ’ s attorney , Daniel Habib of the Federal Defenders of New York , suggested that the government might decide not to ask for the death penalty a second time .
“ It is now up to the government to determine whether to put the victims and @ @ @ @ @ @ @ to allow closure to this terrible tragedy by permitting a sentence of life without the possibility of release , ” Habib said .
Judge William Kayatta , an Obama appointee , was also on the panel .
Dzhokar is currently in a high-security supermax prison in Florence , Colorado .

The Boston Marathon bomber’s death sentence was overturned Friday by the First Circuit, which said several jurors in the case were biased and he was entitled to a new trial to determine whether he should be put to death.
BOSTON (CN) — The Boston Marathon bomber’s death sentence was overturned Friday by the First Circuit, which said several jurors in the case were biased and he was entitled to a new trial to determine whether he should be put to death.
The court also reversed three of Dzhokhar Tsarnaev’s convictions for carrying a firearm during a crime of violence.
But “just to be crystal clear,” U.S. Circuit Judge O. Rogeriee Thompson wrote for a three-judge panel, “Dzhokhar will remain confined to prison for the rest of his life, with the only question remaining being whether the government will end his life by executing him.”
Dzhokhar Tsarnaev carried out the Boston Marathon bombing in April 2013. As the First Circuit heard Tsarnaev's death sentence appeal on Dec. 12, lawyers for the ethnic Chechen bomber called it impossible to find a fair jury in Boston because the explosions traumatized the region. (Photo credit: FBI)
While most of the ruling was unanimous, the court split 2-1 that it was fair to have tried Dzhokhar in Boston, the city where he and his brother, Tamerlan, set off two bombs at the finish line of the marathon in April 2013 that killed three people and injured more than 260 others.
Tamarlan died in a gunfight with police a few days after the attack, which Thompson described as “ghastly.” Dzhokhar was later found hiding and was arrested.
At his trial, Dzhokhar admitted guilt in the bombing but claimed that his brother was the mastermind and intimidated him into going along with it. The jury nevertheless voted for the death penalty.
“Radical jihadists bent on killing Americans, the duo caused battlefield-like carnage,” Thompson wrote, conveying that she understood the city’s anger at the attack even as she spared its perpetrator’s life.
In fact, the 224-page ruling read in parts more like emotional storytelling than a typical appellate decision. “Now brace yourself,” Thompson, an Obama appointee, wrote before describing some of the victims’ injuries in detail.
“Locals quickly adopted the ‘Boston Strong’ slogan to convey a message of courage and resilience,” she later said. “And the Boston Strong movement remains vibrant to this very day.”
However, Dzhokhar didn’t get a fair trial as to the death penalty, Thompson said, because two jurors lied when they told the judge they hadn’t posted on social media regarding the bombing or the trial.
Evidence later showed that after Dzhokhar’s capture, one juror had retweeted a post that said, "Told y'all. Welcome To Boston The City Of CHAMPS! We get our shit DONE! #BostonStrong."
She also retweeted a post that said, "Congratulations to all of the law enforcement professionals who worked so hard and went through hell to bring in that piece of garbage."
The other juror had posted on Facebook about being called for jury duty in the case, to which a friend responded, "Play the part so u get on the jury then send him to jail where he will be taken care of."
This unfairly tainted the massive jury selection process, which involved 1,373 potential jurors and lasted 21 days, Thompson said.
The court ordered a new trial on the death penalty, which will take place in Boston. Thompson said it was fair to try Dzhokhar in Boston the first time because polling showed that even in the city only about a third of people favored the death penalty prior to the trial, and polling in other cities wasn’t much different.
The court also noted that while there was massive pretrial publicity about the case, virtually all of it was accurate and simply reported facts that Dzhokhar later admitted in court.
But U.S. Circuit Judge Juan Torruella, a Reagan appointee, disagreed and said there was no way Dzhokhar could get a fair trial in Boston given all the publicity and emotional feelings about the incident, which caused then-Governor Deval Patrick to order almost a million citizens to shelter in place for an entire day.
“If this case did not present a sufficient basis for a change of venue, there is no set of circumstances that will meet this standard,” he wrote in an opinion concurring in part.
Torruella also noted the civic pride behind the “Boston Strong” slogan and commented that sometimes, “pride begets prejudice.”
Dzhokhar’s attorney, Daniel Habib of the Federal Defenders of New York, suggested that the government might decide not to ask for the death penalty a second time.
“It is now up to the government to determine whether to put the victims and Boston through a second trial, or to allow closure to this terrible tragedy by permitting a sentence of life without the possibility of release,” Habib said.
Judge William Kayatta, an Obama appointee, was also on the panel.
Dzhokar is currently in a high-security supermax prison in Florence, Colorado.


courthousenews--2020-07-31--Who’s a Journalist in Portland? Judge Says ACLU Might Decide

PORTLAND , Ore. ( CN ) — The American Civil Liberties Union may soon be the arbiter of who is and isn ’ t a journalist at Portland protests , with a federal judge floating the idea of requiring journalists to be identified by the organization ’ s blue vests in order to avoid assault or arrest by federal agents under the court ’ s temporary restraining order .
U.S. District Judge Michael Simon said in a hearing Friday that the move might be a solution to claims from the Department of Homeland Security and the U.S .
Marshals that @ @ @ @ @ @ @ according to the agencies — some protesters are falsely identifying themselves as press .
Last week , Simon ordered federal agents squaring off nightly with protesters around the Mark O. Hatfield Federal Courthouse to let people identified as journalists ( wearing a press pass or clothing with the word “ press ” ) and legal observers ( who wear blue ACLU vests or green National Lawyers Guild hats ) do their jobs without subjecting them to the use of force , dispersal orders or arrest .
But the federal agencies claim the order @ @ @ @ @ @ @ say protesters are falsely adopting the insignia of the press .
The federal agencies also note in court documents that agents ’ ability to clearly see and identify journalists is inhibited by their own copious deployment of tear gas .
At Friday ’ s hearing , Judge Simon pointed to a video submitted by the government that allegedly shows a protester wearing a helmet with the word “ PRESS ” on bursting through the barrier set up by federal agents and called out to other protesters to join him .
“ I think @ @ @ @ @ @ @ arrest us all , ’ ” Simon said .
“ I think he even said , ‘ that ’ s why we have the Second Amendment.
’ Folks , I sure hope this case is about the First Amendment and not the Second Amendment.
” He added : “ Simply having ‘ press ’ on your helmet might not be the best way to preserve First Amendment rights.
” Matthew Borden , attorney for the journalists and legal observers , told Simon the temporary restraining order protects his clients from targeted assault , @ @ @ @ @ @ @ their jobs – it doesn ’ t change the fact that anyone is subject to arrest if federal agents have probable cause to believe they have broken the law .
“ The basis for the TRO is if you are there to do your job you can do that , ” Borden said .
“ This guy – I don ’ t think he gained any get out of jail free card by having press on his helmet .
They can see what the guy ’ s doing and if it ’ s @ @ @ @ @ @ @ At the end of the day , they still can ’ t identify anyone who used the word ‘ press ’ to escape culpability for doing something wrong.
” Simon said treating journalists more like legal observers would make the restraining order more workable for the federal agencies .
“ We could redefine ‘ journalist ’ to someone who is authorized by the ACLU , ” Simon said .
“ The ACLU could maintain a list of who they are giving vests to and give them appropriate guidance and instructions .
That way @ @ @ @ @ @ @ problem of somebody just putting ‘ press ’ on their helmet or their shirt .
Simon said this was a measure he was merely considering .
“ This may or may not be a good idea , ” Simon said .
“ Maybe we try it just for two weeks , then at the hearing preliminary injunction , you all can tell me whether there are problems with it and whether they are solvable or unsolvable.
” Borden said that probably wouldn ’ t fly under the First Amendment .
“ The ACLU @ @ @ @ @ @ @ ’ t think anybody should be trying to say who ’ s a journalist and certainly not my client , ” Borden said .
“ I don ’ t think they have the resources to do that or the confidence.
” And it ’ s unclear what sort of protection the ACLU ’ s blue vests actually provide .
Despite Simon ’ s restraining , order , legal observers with the ACLU and the National Lawyers Guild say federal agents have continued to intentionally target them for violence .
On the very night @ @ @ @ @ @ @ federal agents shot legal observer Kat Mahoney in the head with a pink paint ball as she stood across the street from the federal courthouse , observing the protest , according to Mahoney ’ s declaration .
Later that same night , Mahoney says , a federal officer calmly doused her and three other legal observers “ as though he were watering a line of flowers.
” And federal officers shot another legal observer with a rubber bullet after the restraining order was in place , according to court documents .
In that @ @ @ @ @ @ @ from a legal observer wearing a green National Lawyers Guild hat and fired directly at her chest , missing her heart by just a few inches .
“ One legal observer was shot in the chest at point-blank range , ” Borden said Friday .
“ She had a green hat on .
She ’ s just a law student .
They ’ re trained marksman.
” He added : “ It ’ s my understanding that the rules of engagement say agents must aim at waist or below , ” So I @ @ @ @ @ @ @ why someone is shooting at someone ’ s chest , let alone head , with these less-lethal munitions.
” If such allegations pan out , Simon said he could potentially refer the case to the U.S. Department of Justice or appoint a special prosecutor to determine whether criminal contempt proceedings are in order .
“ That is available to us , ” Simon said .
“ But right now , we are just focused on civil contempt and trying to fix this problem.
” Courthouse News has also filed a declaration in the @ @ @ @ @ @ @ risk keeping journalists and legal observers from doing the work of informing the public about the government ’ s violence against protesters .
Simon said that ’ s what his restraining order was intended to protect .
“ I wanted press to be able to remain and document how law enforcement officers are treating other people who do not disperse , ” Simon said .
Borden added that he had another concern : “ My biggest fear is that somebody ’ s going to get killed , ” he said .
Simon authorized @ @ @ @ @ @ @ to take six one-hour depositions of any of a dozen officials heading the agencies with federal officers in Portland .
That list could include Department of Homeland Security Acting Secretary Chad Wolf , his second-in-command Ken Cuccinelli , Federal Protective Service Director Eric Patterson , U.S .
Marshals Service Director Donald Washington or Chief of the U.S. Border Patrol Rodney Scott .
Simon also said he may extend the temporary restraining order for a second two-week period , which would expire Aug. 20 .
A hearing on that decision will be held Aug. @ @ @ @ @ @ @ the difficulty in identifying individual officers accused of violent acts .
In some cases , it ’ s hard to even determine which agency officers are with , because they wear similar uniforms and very small patches with agency insignia .
Federal agencies have said their officers are worried about “ doxing , ” where protesters might identify them and post their personal information online .
Simon suggested having every officer who steps out of the federal courthouse wear a unique code that is tracked by their supervisor — ideally , something white @ @ @ @ @ @ @ take this very seriously , and I do not mean to diminish the seriousness , but I ’ m kind of thinking a little bit like professional football or professional basketball jerseys , ” Simon said .
That would help the parties determine who exactly is violating the restraining order , Simon said .
“ Like , for example , do we see officer 30 violating the order ?
Or are officers 30 , 40 and 50 causing most of the problems ?
Then we ’ ll bring them in , hear their @ @ @ @ @ @ @ ’ s appropriate to prohibit them from stepping outside the courthouse or even from being in the District of Oregon , ” Simon said .
“ And then on the other hand , if we are hearing that there are many officers violating the order , then that will point us in a different direction.
” Jordan Von Bokern , an attorney for the federal defendants with the Federal Programs Branch of the U.S. Department of Justice , said Friday that any contemplation of sanctions or an extension or modification of the restraining @ @ @ @ @ @ @ plan announced by Oregon Governor Kate Brown and Wolf agreeing to the phased withdrawal of federal troops in Portland .
But Simon said that wasn ’ t a done deal .
“ I saw the statement from Secretary Wolf , saying they ’ re going to keep federal officers here , and if they are needed , they will be deployed at a moment ’ s notice , ” Simon said .
And , he added , if federal agents really do retreat , then it will be that much easier for them @ @ @ @ @ @ @ “ If no one has to leave the building , no one has to put on jerseys with unique codes , ” Simon said .

The American Civil Liberties Union may soon be the arbiter of who is and isn’t a journalist at Portland protests, with a federal judge floating the idea of requiring journalists to be identified by the organization’s blue vests in order to avoid assault or arrest by federal agents under the court’s temporary restraining order.
PORTLAND, Ore. (CN) — In a move that would define government recognition of who a journalist is, a federal judge floated the idea of requiring reporters at Portland protests to be vetted by the American Civil Liberties Union and identified by the organization's blue vests in order to avoid assault or arrest by federal agents.
U.S. District Judge Michael Simon said in a hearing Friday that the move might be a solution to claims from the Department of Homeland Security and the U.S. marshals that his restraining order is unworkable because — according to the agencies — some protesters are falsely identifying themselves as press.
Last week, Simon ordered federal agents squaring off nightly with protesters around the Mark O. Hatfield Federal Courthouse to let people identified as journalists (wearing a press pass or clothing with the word “press”) and legal observers (who wear blue ACLU vests or green National Lawyers Guild hats) do their jobs without subjecting them to the use of force, dispersal orders or arrest.
But the federal agencies claim the order is unworkable, in part because they say protesters are falsely adopting the insignia of the press. The federal agencies also note in court documents that agents’ ability to clearly see and identify journalists is inhibited by their own copious deployment of tear gas.
At Friday’s hearing, Judge Simon pointed to a video submitted by the government that allegedly shows a protester wearing a helmet emblazoned with the word “PRESS” burst through the barrier set up by federal agents and calling out to other protesters to join him.
“I think he said ‘they can’t arrest us all,’” Simon said. “I think he even said, ‘that’s why we have the Second Amendment.’ Folks, I sure hope this case is about the First Amendment and not the Second Amendment.”
He added: “Simply having ‘press’ on your helmet might not be the best way to preserve First Amendment rights.”
Matthew Borden, attorney for the journalists and legal observers, told Simon the temporary restraining order protects his clients from targeted assault, arrest and dispersal, merely for doing their jobs – it doesn’t change the fact that anyone is subject to arrest if federal agents have probable cause to believe they have broken the law.
“The basis for the TRO is if you are there to do your job you can do that,” Borden said. “This guy – I don’t think he gained any get out of jail free card by having press on his helmet. They can see what the guy’s doing and if it’s wrong, they can arrest him. At the end of the day, they still can’t identify anyone who used the word ‘press’ to escape culpability for doing something wrong.”
Simon said treating journalists more like legal observers would make the restraining order more workable for the federal agencies.
“We could redefine ‘journalist’ to someone who is authorized by the ACLU,” Simon said. “The ACLU could maintain a list of who they are giving vests to and give them appropriate guidance and instructions. That way we might be able to solve the problem of somebody just putting ‘press’ on their helmet or their shirt.
Simon said this was a measure he was merely considering.
“This may or may not be a good idea,” Simon said. “Maybe we try it just for two weeks, then at the hearing preliminary injunction, you all can tell me whether there are problems with it and whether they are solvable or unsolvable.”
Borden said that probably wouldn’t fly under the First Amendment.
“The ACLU shouldn’t be — I don’t think anybody should be trying to say who’s a journalist and certainly not my client,” Borden said. “I don’t think they have the resources to do that or the confidence.”


Freedom of Information

WASHINGTON — A federal judge dismissed Judicial Watch ’ s request for the disclosure of the House Permanent Select Committee @ @ @ @ @ to telecommunications providers as part of its impeachment inquiry into the activities of President Trump @

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


courthousenews--2020-08-01--11th Circuit Upholds Conviction of Florida Eye Doctor

( CN ) — A Florida eye doctor and one-time friend of New Jersey Senator Robert Menendez will remain behind bars in light of the 11th Circuit ’ s Friday decision to uphold his conviction and sentence for a historic Medicare fraud .
A three-judge panel rejected an appeal in which former ophthalmologist Salomon Melgen cried foul over the handling of his 2017 criminal trial .
Melgen and his attorneys had tried to convince the appellate court that the trial was marred by witness-on-witness intimidation and admission of prejudicial evidence .
The panel upheld Melgen ’ s conviction on all @ @ @ @ @ @ @ to be even-handed , noting that the trial judge factored in Melgen ’ s advanced age and lack of criminal history .
A jury in the Southern District of Florida convicted Melgen in April 2017 of carrying out a systemic billing fraud at his South Florida medical offices .
Melgen stood accused of routinely administering unnecessary , invasive treatments and profiteering off the macular-degeneration drug Lucentis .
He was also charged with running millions of dollars ’ worth of dubious diagnostic tests , often using old technology that allowed him to bill higher @ @ @ @ @ @ @ doctor ’ s high-profile attorney Kirk Ogrosky argued that an expert witness for the prosecution unforgivably harangued defense expert witnesses during breaks in the trial .
In a West Palm Beach court parking lot , the prosecution witness allegedly intimidated one of the defense witnesses by saying his reputation would be ruined for testifying in favor of Melgen .
The appellate panel was not persuaded .
Writing for the panel , U.S .
Circuit Judge Britt Grant on Friday found that Melgen failed to show that the witness interactions affected testimony .
The @ @ @ @ @ @ @ discretion ” by continuing the trial after the witness-tussling came to light , Grant wrote .
Judge Grant further shot down Melgen ’ s claims that the trial court improperly admitted faulty billing comparisons between Melgen and other doctors .
According to Melgen ’ s legal team , the comparisons were presented by an FBI agent unqualified to handle statistics .
Grant found that prosecutors ’ method of picking out the doctors whose billing practices would be used for comparison was “ reasonably supported by the evidence.
” Melgen moreover was free to @ @ @ @ @ @ @ when his legal team cross-examined the FBI agent and a retinal expert who testified in support of the comparison criteria , the judge found .
A key sticking point in the appeal was whether the government was out of line for focusing the jury ’ s attention on Melgen ’ s multi-dosing of Lucentis .
The practice , which involved drawing multiple doses from the excess contents of single-use vials of the drug , allowed Melgen to vastly reduce his costs .
Several patients ended up suing him over the practice , claiming @ @ @ @ @ @ @ injected into their eyes .
Melgen maintained — throughout the trial and on appeal — that prosecutors were trying to frame an administrative Lucentis-billing dispute as a criminal matter .
He pointed out that Medicare would have paid the same amount to him for his Lucentis treatments regardless of whether he multi-dosed the vials .
The 11th Circuit panel found Friday that the evidence was fair game .
“ We have already explained that through multi-dosing , Melgen could get reimbursed by Medicare at a rate of incredible profit , receiving up to @ @ @ @ @ @ @ drug .
That fact was probative of his profit motive for falsely diagnosing patients… whether or not his creativity in administering multiple doses of Lucentis from one vial was lawful , ” Judge Grant wrote .
Grant went on to reject Melgen ’ s gripes that the jury was provided with copies of an indictment that showed the total sum his offices received from Medicare during the 2008-to-2013 period at issue .
That sum , more than $ 100 million , included invoices that were not part of the fraud allegations , Melgen @ @ @ @ @ @ @ a Donald Trump appointee , was joined by Circuit Judges Beverly Martin , a Barack Obama appointee , and Barbara Lagoa , a Trump appointee .
For the purpose of sentencing , the trial judge pegged Melgen ’ s fraud at $ 73 million , limiting his estimate to a time period from 2010 to 2012 .
He handed down Melgen ’ s 17-year sentence in February 2018 .
According to the Federal Bureau of Prisons ’ web site , the doctor , now in his mid-60s , is assigned to a low-security @ @ @ @ @ @ @ 2031 .
Apart from the Florida fraud trial , Melgen made headlines for a New Jersey criminal case in which federal prosecutors claimed he bribed Senator Robert Menendez to help him in his long-running billing dispute with Medicare over his practice of multi-dosing Lucentis .
That case against Melgen and Menendez culminated in a mistrial due to a hung jury .
The Department of Justice abandoned a planned retrial on the bribery charges in 2018 after a judge threw out several counts .

A Florida eye doctor and one-time friend of New Jersey Senator Robert Menendez will remain behind bars in light of the 11th Circuit's Friday decision to uphold his conviction and sentence for a historic Medicare fraud.
(CN) — A Florida eye doctor and one-time friend of New Jersey Senator Robert Menendez will remain behind bars in light of the 11th Circuit's Friday decision to uphold his conviction and sentence for a historic Medicare fraud.
A three-judge panel rejected an appeal in which former ophthalmologist Salomon Melgen cried foul over the handling of his 2017 criminal trial. Melgen and his attorneys had tried to convince the appellate court that the trial was marred by witness-on-witness intimidation and admission of prejudicial evidence.
The panel upheld Melgen's conviction on all 67 counts. It deemed his 17-year-sentence to be even-handed, noting that the trial judge factored in Melgen's advanced age and lack of criminal history.
A jury in the Southern District of Florida convicted Melgen in April 2017 of carrying out a systemic billing fraud at his South Florida medical offices. Melgen stood accused of routinely administering unnecessary, invasive treatments and profiteering off the macular-degeneration drug Lucentis.
He was also charged with running millions of dollars' worth of dubious diagnostic tests, often using old technology that allowed him to bill higher rates.
On appeal, the Dominican doctor's high-profile attorney Kirk Ogrosky argued that an expert witness for the prosecution unforgivably harangued defense expert witnesses during breaks in the trial. In a West Palm Beach court parking lot, the prosecution witness allegedly intimidated one of the defense witnesses by saying his reputation would be ruined for testifying in favor of Melgen.
The appellate panel was not persuaded.
Writing for the panel, U.S. Circuit Judge Britt Grant on Friday found that Melgen failed to show that the witness interactions affected testimony. The trial court "did not abuse its discretion" by continuing the trial after the witness-tussling came to light, Grant wrote.
Judge Grant further shot down Melgen's claims that the trial court improperly admitted faulty billing comparisons between Melgen and other doctors. According to Melgen's legal team, the comparisons were presented by an FBI agent unqualified to handle statistics.
Grant found that prosecutors' method of picking out the doctors whose billing practices would be used for comparison was "reasonably supported by the evidence." Melgen moreover was free to expose any faults in the billing comparison when his legal team cross-examined the FBI agent and a retinal expert who testified in support of the comparison criteria, the judge found.
A key sticking point in the appeal was whether the government was out of line for focusing the jury's attention on Melgen's multi-dosing of Lucentis. The practice, which involved drawing multiple doses from the excess contents of single-use vials of the drug, allowed Melgen to vastly reduce his costs.
Several patients ended up suing him over the practice, claiming it resulted in microbially contaminated doses being injected into their eyes.
Melgen maintained — throughout the trial and on appeal — that prosecutors were trying to frame an administrative Lucentis-billing dispute as a criminal matter. He pointed out that Medicare would have paid the same amount to him for his Lucentis treatments regardless of whether he multi-dosed the vials.
The 11th Circuit panel found Friday that the evidence was fair game.
"We have already explained that through multi-dosing, Melgen could get reimbursed by Medicare at a rate of incredible profit, receiving up to three times the cost of obtaining the drug. That fact was probative of his profit motive for falsely diagnosing patients... whether or not his creativity in administering multiple doses of Lucentis from one vial was lawful," Judge Grant wrote.
Grant went on to reject Melgen's gripes that the jury was provided with copies of an indictment that showed the total sum his offices received from Medicare during the 2008-to-2013 period at issue. That sum, more than $100 million, included invoices that were not part of the fraud allegations, Melgen's counsel says.
Grant, a Donald Trump appointee, was joined by Circuit Judges Beverly Martin, a Barack Obama appointee, and Barbara Lagoa, a Trump appointee.
For the purpose of sentencing, the trial judge pegged Melgen's fraud at $73 million, limiting his estimate to a time period from 2010 to 2012. He handed down Melgen's 17-year sentence in February 2018.
Prosecutors had sought a 30-year sentence.
According to the Federal Bureau of Prisons' web site, the doctor, now in his mid-60s, is assigned to a low-security prison with a scheduled release date in 2031.
Apart from the Florida fraud trial, Melgen made headlines for a New Jersey criminal case in which federal prosecutors claimed he bribed Senator Robert Menendez to help him in his long-running billing dispute with Medicare over his practice of multi-dosing Lucentis.
That case against Melgen and Menendez culminated in a mistrial due to a hung jury. The Department of Justice abandoned a planned retrial on the bribery charges in 2018 after a judge threw out several counts.


courthousenews--2020-08-01--Scientists Discover Newly Formed Galaxy 430 Million Light Years Away

( CN ) — Scientists have discovered what is likely a recently formed galaxy , one with the lowest oxygen abundance on record , thanks to data obtained by Japan ’ s Subaru Telescope and innovative machine learning processes .
Most observed galaxies are mature and young ones are few and far between .
So this newly discovered galaxy , designated HSC J1631+4426 , may provide useful data that could guide astronomers ’ understanding of how galaxies form and evolve over time .
“ To find the very faint , rare galaxies , deep , wide-field data taken with the @ @ @ @ @ @ @ Takashi Kojima , a University of Tokyo physicist and lead author of a study published Friday in The Astrophysical Journal .
In all , 21 scientists contributed to the findings .
The Subaru Telescope , named for the open star cluster that English speakers call the Pleiades , is the National Astronomical Observatory of Japan ’ s flagship instrument .
Perched near the summit of Hawaii ’ s dormant Maunakea volcano , the telescope is situated above the cloud layer to collect optical and infrared data unhindered through its massive 26.9-foot aperture , @ @ @ @ @ @ @ This large optic collects images at a resolution more than 1,000 times that collected by the human eye , which means data collected by the telescope can include as many as 40 million objects at a time .
To sift through this immense amount of information , Kojima and his team used machine learning methods to identify early-stage galaxies in the data .
By showing their computer program the galaxy colors predicted by theoretical models , the machine could present the researchers with only the galaxies early in their formation .
It presented @ @ @ @ @ @ @ of these galaxy candidates and sought to determine their elemental abundance ratios .
An abundance ratio describes the ratio of elements in a celestial body relative to the elements ’ ratio in the Sun , expressed as a logarithm .
This gives scientists a way of comparing the relative abundance of elements across the universe .
They found that the young galaxy , which is located in the Hercules constellation and lies 430 million light years away from us , has an oxygen abundance of only 1.6 % of the Sun ’ s @ @ @ @ @ @ @ ever reported for a galaxy .
“ What is surprising is that the stellar mass of the HSC J1631+4426 galaxy is very small , 0.8 million solar masses , ” said Masami Ouchi , a University of Tokyo cosmologist and professor at the National Astronomical Observatory of Japan .
“ This stellar mass is only about 1/100,000 of our Milky Way galaxy , and comparable to the mass of a star cluster in our Milky Way.
” All this points to the youth of the galaxy , which is very likely in an @ @ @ @ @ @ @ ’ s something of a surprise given the age of the universe , which has had at least 11 billion years to birth galaxies .
As the universe ’ s expansion continues to accelerate , gravity may not be capable of birthing new galaxies .
In a press release , the researchers wondered whether HSC J1631+4426 may be among the last galaxies to form in the history of the cosmos .

Scientists have discovered what is likely a recently formed galaxy, one with the lowest oxygen abundance on record, thanks to data obtained by Japan’s Subaru Telescope and innovative machine learning processes.
(CN) — Scientists have discovered what is likely a recently formed galaxy, one with the lowest oxygen abundance on record, thanks to data obtained by Japan’s Subaru Telescope and innovative machine learning processes.
Most observed galaxies are mature and young ones are few and far between. So this newly discovered galaxy, designated HSC J1631+4426, may provide useful data that could guide astronomers’ understanding of how galaxies form and evolve over time.
“To find the very faint, rare galaxies, deep, wide-field data taken with the Subaru Telescope was indispensable,” said Takashi Kojima, a University of Tokyo physicist and lead author of a study published Friday in The Astrophysical Journal. In all, 21 scientists contributed to the findings.
The Subaru Telescope, named for the open star cluster that English speakers call the Pleiades, is the National Astronomical Observatory of Japan’s flagship instrument. Perched near the summit of Hawaii’s dormant Maunakea volcano, the telescope is situated above the cloud layer to collect optical and infrared data unhindered through its massive 26.9-foot aperture, among the largest in the world.
This large optic collects images at a resolution more than 1,000 times that collected by the human eye, which means data collected by the telescope can include as many as 40 million objects at a time.
To sift through this immense amount of information, Kojima and his team used machine learning methods to identify early-stage galaxies in the data. By showing their computer program the galaxy colors predicted by theoretical models, the machine could present the researchers with only the galaxies early in their formation. It presented 27 candidates.
The researchers chose four of these galaxy candidates and sought to determine their elemental abundance ratios. An abundance ratio describes the ratio of elements in a celestial body relative to the elements’ ratio in the Sun, expressed as a logarithm. This gives scientists a way of comparing the relative abundance of elements across the universe.
They found that the young galaxy, which is located in the Hercules constellation and lies 430 million light years away from us, has an oxygen abundance of only 1.6% of the Sun’s. That is the lowest oxygen value ever reported for a galaxy.
“What is surprising is that the stellar mass of the HSC J1631+4426 galaxy is very small, 0.8 million solar masses,” said Masami Ouchi, a University of Tokyo cosmologist and professor at the National Astronomical Observatory of Japan. “This stellar mass is only about 1/100,000 of our Milky Way galaxy, and comparable to the mass of a star cluster in our Milky Way.”
All this points to the youth of the galaxy, which is very likely in an early stage of its evolution. That’s something of a surprise given the age of the universe, which has had at least 11 billion years to birth galaxies.
As the universe’s expansion continues to accelerate, gravity may not be capable of birthing new galaxies. In a press release, the researchers wondered whether HSC J1631+4426 may be among the last galaxies to form in the history of the cosmos.


courthousenews--2020-08-01--Supreme Court Allows Construction of Trump’s Border Wall to Continue

( CN ) — The Trump administration will be allowed to continue construction on a border wall along the U.S.-Mexico border after the Supreme Court on Friday declined in a 5-4 vote to stop the federal government ’ s diversion of military funds to pay for the project .
Last month , Chief U.S .
Circuit Judge Sidney Thomas , a Bill Clinton appointee , with the Ninth Circuit found the administration illegally circumvented Congress ’ “ power of the purse ” by transferring $ 2.5 billion in Department of Defense funds to the border wall project .
More than @ @ @ @ @ @ @ the U.S. military to pay for the border wall that stretches from sections of Arizona , New Mexico , Texas and California .
On Friday , in a dissenting opinion Supreme Court Justice Stephen Breyer wrote the four liberal justices would have stopped construction on the wall while a court challenge continues .
“ Now , the Government has apparently finalized its contracts , avoiding the irreparable harm it claimed in first seeking a stay , ” Breyer wrote .
“ The Court ’ s decision to let construction continue nevertheless , I @ @ @ @ @ @ @ ] , in effect , as a final judgment.
” ’ Last July the Supreme Court in a 5-4 vote lifted a lower court ’ s injunction in a lawsuit filed by the Sierra Club and the Southern Border Communities Coalition who argued the declaration made by Trump of a national emergency at the southern border was illegitimate .
The conservative majority said the federal government provided enough evidence to show that the parties who brought the lawsuit did not have cause of action to obtain a review on the decision to transfer @ @ @ @ @ @ @ construction of the wall .
The Ninth Circuit ’ s rulings this summer found Trump violated the Appropriations Clause of the Constitution by illegally authorizing the transfer of Pentagon funds to cover border wall construction expenses in El Paso , Texas , and El Centro , California , along the southwest U.S.-Mexico border .
The provision allowing for the transfer of funds had been invoked to pay for hurricane and typhoon damage to military bases , “ natural disasters that inflict damage that may not be anticipated or expected ahead of time , @ @ @ @ @ @ @ Court last month .
Drug smuggling across the U.S.-Mexico border “ was not unanticipated or unexpected here , ” Thomas wrote .
“ Congress ’ s joint resolution terminating the president ’ s declaration of a national emergency only reinforces this point : there was no unanticipated crisis at the border .
Nothing prevented Congress from funding solutions to this problem through the ordinary appropriations process — Congress simply chose not to fund this particular solution , ” Thomas wrote .
President Donald Trump continually made a campaign promise in 2016 to build @ @ @ @ @ @ @ and have Mexico pay for it .
American Civil Liberties Union attorney Dror Ladin said in a statement Friday , “ Every lower court to consider the question has ruled President Trump ’ s border wall illegal , and the Supreme Court ’ s temporary order does not decide the case .
We ’ ll be back before the Supreme Court soon to put a stop to Trump ’ s xenophobic border wall once and for all .
”

The Trump administration will be allowed to continue construction on a border wall along the U.S.-Mexico border after the Supreme Court on Friday declined in a 5-4 vote to stop the federal government’s diversion of military funds to pay for the project.
(CN) — The Trump administration will be allowed to continue construction on a border wall along the U.S.-Mexico border after the Supreme Court on Friday declined in a 5-4 vote to stop the federal government’s diversion of military funds to pay for the project.
Last month, Chief U.S. Circuit Judge Sidney Thomas, a Bill Clinton appointee, with the Ninth Circuit found the administration illegally circumvented Congress’ “power of the purse” by transferring $2.5 billion in Department of Defense funds to the border wall project.
More than $6 billion will be diverted from the U.S. military to pay for the border wall that stretches from sections of Arizona, New Mexico, Texas and California.
On Friday, in a dissenting opinion Supreme Court Justice Stephen Breyer wrote the four liberal justices would have stopped construction on the wall while a court challenge continues.
“Now, the Government has apparently finalized its contracts, avoiding the irreparable harm it claimed in first seeking a stay,” Breyer wrote. “The Court’s decision to let construction continue nevertheless, I fear, may “operat[e], in effect, as a final judgment.”’
Last July the Supreme Court in a 5-4 vote lifted a lower court’s injunction in a lawsuit filed by the Sierra Club and the Southern Border Communities Coalition who argued the declaration made by Trump of a national emergency at the southern border was illegitimate.
The conservative majority said the federal government provided enough evidence to show that the parties who brought the lawsuit did not have cause of action to obtain a review on the decision to transfer $2.5 billion from military accounts toward construction of the wall.
The Ninth Circuit’s rulings this summer found Trump violated the Appropriations Clause of the Constitution by illegally authorizing the transfer of Pentagon funds to cover border wall construction expenses in El Paso, Texas, and El Centro, California, along the southwest U.S.-Mexico border.
The provision allowing for the transfer of funds had been invoked to pay for hurricane and typhoon damage to military bases, “natural disasters that inflict damage that may not be anticipated or expected ahead of time,” Thomas wrote for the Ninth Circuit Court last month.
Drug smuggling across the U.S.-Mexico border “was not unanticipated or unexpected here,” Thomas wrote.
“Congress’s joint resolution terminating the president’s declaration of a national emergency only reinforces this point: there was no unanticipated crisis at the border. Nothing prevented Congress from funding solutions to this problem through the ordinary appropriations process — Congress simply chose not to fund this particular solution,” Thomas wrote.
President Donald Trump continually made a campaign promise in 2016 to build a border wall along the southern border and have Mexico pay for it.
American Civil Liberties Union attorney Dror Ladin said in a statement Friday, "Every lower court to consider the question has ruled President Trump's border wall illegal, and the Supreme Court's temporary order does not decide the case. We'll be back before the Supreme Court soon to put a stop to Trump's xenophobic border wall once and for all.”


courthousenews--2020-08-02--Unemployed and Desperate, LA Residents May Soon Face Eviction

LOS ANGELES ( CN ) — An angry crowd gathered outside the grand Getty House in Los Angeles where Mayor Eric Garcetti lives , looking for answers on rent .
The global pandemic has devastated the job market across the country and on Aug. 14 the California Judicial Council , the policymaking arm of the state ’ s court system , could vote to dissolve a statewide eviction freeze .
Once that protection is lifted , evictions for nonpayment will flood court systems across the state and tenants will need to turn to their local governments for some type of @ @ @ @ @ @ @ and fucking Garcetti and the city don ’ t do anything , ” said Abel , a 22-year-old former waiter who was laid off in April and is unable to pay his full rent on an apartment he shares with two roommates .
Abel does not want his full name published due to fear of retaliation from his landlord .
“ I ’ m not special , OK.
There ’ s a bunch of people who can ’ t make rent .
If I become homeless , I ’ m going to set @ @ @ @ @ @ @ said , stomping his foot outside the mayor ’ s mansion .
Roughly 66,000 people are homeless in LA County and 41,000 in the city according to data released January , but those figures do not factor in the economic fallout from Covid-19 .
Estimates vary but hundreds of thousands of tenants in LA County could be kicked out of their homes for nonpayment during the pandemic .
Elena Popp , attorney with the Eviction Defense Network , said Governor Gavin Newsom has provided little to no help for tenants across the state @ @ @ @ @ @ @ the flood of evictions was the judicial council ’ s Rule 1 that froze evictions in March .
“ Rule 1 was a tourniquet on a gaping wound , or to mix my metaphors , stopped a 365,000 to 600,000 eviction tsunami that would have hit our shores in the first week of April , May , June or July , ” Popp said in an interview .
“ Our local elected officials looked at that wound and said , ‘ Hey , let ’ s put a Band-Aid on that.
” The @ @ @ @ @ @ @ million in rental assistance for 50,000 randomly selected families .
The city will pay up to $ 2,000 in rent for tenants who applied last month to be part of the program .
More than 100,000 people applied when the application window opened , according to city officials .
The program is meant to stem the deluge of evictions , but could have been spent somewhere else , according to Gary Blasi , UCLA professor emeritus and lead author of the Luskin Institute on Inequality and Democracy study “ UD Day : Impending @ @ @ @ @ @ @ “ That money could have been spent on subsidizing out-of-work residents , ” Blasi said in an interview .
“ It really is just a $ 100 million transfer of money to landlords and will only temporarily delay evictions.
” According to available data , the best-case scenario shows 200,000 to 600,000 people will be evicted when the courts accept unlawful detainer motions again .
“ That ’ s a real conservative estimate and probably far lower than the reality of the crisis , ” Blasi .
He paused to punctuate how drastic @ @ @ @ @ @ @ being forced out of their homes would look like in a major city like Los Angeles and wonders why local lawmakers are not doing more .
“ Do these people have any idea what ’ s coming around the corner ?
It will be the biggest event of any civil consequence in any modern metro city , ” Blasi said .
His study references Hoovervilles , the shanty towns built during the Great Depression for the unemployed masses and named after then President Herbert Hoover .
“ My working title for this study @ @ @ @ @ @ @ Camps ’ because that ’ s where we ’ re headed and it sounds more serious , ” Blasi said .
There ’ s a droning sound of 200,000 lost jobs in the city of LA since March , a 20 % unemployment rate through June and a rumbling of construction cranes piecing together the future home of the LA Rams outside Dolores Hernandez ’ apartment in the city of Inglewood , which has a 24 % unemployment rate .
This past March , her landlord called the police as she tried to @ @ @ @ @ @ @ outside her apartment .
Hernandez said she had to organize under the Lennox-Inglewood Tenants Union to bring attention to needed repairs in multiple units at the complex , like the gaping hole under her sink and mold on her walls from a burst water pipe .
“ I have asthma .
They want to ignore me , ” said Hernandez , who worked as a housekeeper up until the pandemic .
“ I told the police when they came to our meeting , ‘ Would you like to go into my apartment to @ @ @ @ @ @ @ ’ ” When reached by phone , her landlord Bryan Russo said he called the police to make sure the tenants were not violating the terms of their lease and inviting strangers to the property .
“ I explained to the tenants that you have every right to gather , ” said Russo .
“ But you can ’ t do it on private property because there are other tenants who live here.
” His family business purchased the apartment less than a year ago and he said city and health inspectors have @ @ @ @ @ @ @ s 1-bedroom unit .
Other units at the complex listed online are modernized with updated fixtures but her unit and a few others remain outdated .
Once completed , SoFi Stadium will host NFL games and concerts just across the street and LA Clippers owner Steve Ballmer plans to build an adjacent NBA stadium .
Development in Inglewood is on steroids , setting the real estate market into a frenzy while Covid-19 has cast a unique situation as more people are unable to work and pay rent .
Lennox-Inglewood Tenants Union organizer Tiffany @ @ @ @ @ @ @ neighborhood since elementary school and is a teacher herself , said there ’ s a real fear in the community with rising rents .
She received a rent increase before the pandemic and it made her realize that any improvements to the area were never meant for residents who have lived there for years .
“ It ’ s all to attract new people .
It ’ s hard seeing these improvements and seeing these changes and wanting to be happy and remembering the years of shootings , there ’ s still violence @ @ @ @ @ @ @ a solidarity protest outside Hernandez ’ s apartment .
“ I know I ’ m going to be the first evicted .
But I will be here to the end .
Win or lose , ” Hernandez said .
Russo said he ’ s willing to work with tenants who are facing difficult financial times during the pandemic , but Hernandez said he ’ s taken a combative tone with her .
Other landlords are less formal or forgiving , according to attorney Tyler Anderson with the Los Angeles Center for Community Law @ @ @ @ @ @ @ provides free legal services and fights displacement of low-income tenants .
Some of his clients have returned home to find chains or new locks at their front doors or loud construction meant to drive away tenants .
“ It ’ s predominantly low-income tenants who can ’ t work from home during the pandemic who find themselves either unable to pay rent or putting themselves into harm with the virus , ” Anderson said .
One of his clients , Laura , an undocumented Mexican woman who lives in northeast LA with her @ @ @ @ @ @ @ call the police and Immigration and Customs Enforcement for her missed rent .
Laura ’ s full name is not being used to protect her family ’ s well being , but she said the situation feels like a constant harassment that will not let up .
Laura thought she had an agreement with her landlord and he would wait until her husband found work , but in May the landlord said he wanted to talk .
Both she and her husband lost their jobs in the hospitality industry during the pandemic .
@ @ @ @ @ @ @ and he said just go get me the money , ” Laura said in an interview .
“ He keeps telling my husband that we ’ re illegals and he wouldn ’ t have any problem evicting us.
” Laura lives with her son and she does have some family who live in the United States , but said it would be incredibly difficult to find a place to stay if she and her family were evicted .
Popp said the state of California never passed an eviction moratorium , but left the @ @ @ @ @ @ @ how they would assist renters .
The default rate , meaning the number of tenants who do not respond to eviction notices in court , is around 49 % .
There ’ s pending legislation , like AB 1436 , that would stop all evictions until next April or 90 days after the governor ’ s office lifts its state of emergency .
When the Judicial Council announced it would take up a vote on the eviction ban earlier this month , Chief Justice Tani Cantil-Sakauye said , “ I urge our sister @ @ @ @ @ @ @ critical work to protect people from the devastating effect of this pandemic and its recent resurgence.
” In Los Angeles County , legal aid against certain unlawful detainers is offered by the county and in LA City Hall .
Councilmembers David Ryu and Mike Bonin have proposed an eviction ban and rent freeze during the pandemic , but that has not come to a vote yet .
Mayor Garcetti ’ s office did not immediately respond to a request for comment .
“ We are in the middle of a health crisis , @ @ @ @ @ @ @ says that the best way to flatten the curb is to keep people at home ; orders are to shelter in place .
If people are going to shelter in place they must have a place to shelter in.
” “ Any landlord who files an eviction jeopardizes their tenants lives , jeopardizes the economy .
”

Inglewood resident Dolores Hernandez says her landlord called the police when she tried to organize a tenant’s meeting outside her apartment. She spoke during a rent protest outside her apartment on June 27, 2020. (Courthouse News photo/Nathan Solis)
There's a droning sound of 200,000 lost jobs in the city of LA since March, a 20% unemployment rate through June and a rumbling of construction cranes piecing together the future home of the LA Rams outside Dolores Hernandez’ apartment in the city of Inglewood, which has a 24% unemployment rate.
This past March, her landlord called the police as she tried to host a tenants meeting in a courtyard outside her apartment.
Hernandez said she had to organize under the Lennox-Inglewood Tenants Union to bring attention to needed repairs in multiple units at the complex, like the gaping hole under her sink and mold on her walls from a burst water pipe.
“I have asthma. They want to ignore me,” said Hernandez, who worked as a housekeeper up until the pandemic. “I told the police when they came to our meeting, ‘Would you like to go into my apartment to see why we are out here?’”
When reached by phone, her landlord Bryan Russo said he called the police to make sure the tenants were not violating the terms of their lease and inviting strangers to the property.
“I explained to the tenants that you have every right to gather,” said Russo. “But you can’t do it on private property because there are other tenants who live here.”
His family business purchased the apartment less than a year ago and he said city and health inspectors have visited the complex, including Hernandez’s 1-bedroom unit. Other units at the complex listed online are modernized with updated fixtures but her unit and a few others remain outdated.
Once completed, SoFi Stadium will host NFL games and concerts just across the street and LA Clippers owner Steve Ballmer plans to build an adjacent NBA stadium. Development in Inglewood is on steroids, setting the real estate market into a frenzy while Covid-19 has cast a unique situation as more people are unable to work and pay rent.
Lennox-Inglewood Tenants Union organizer Tiffany Wallace, who has lived in the neighborhood since elementary school and is a substitute teacher herself, said there’s a real fear in the community with rising rents. She received a rent increase before the pandemic and it made her realize that any improvements to the area were never meant for residents who have lived there for years.
“It’s all to attract new people. It’s hard seeing these improvements and seeing these changes and wanting to be happy and remembering the years of shootings, there’s still violence and shooting,” Wallace said during a solidarity protest outside Hernandez’s apartment.
“I know I’m going to be the first evicted. But I will be here to the end. Win or lose,” Hernandez said.
Russo said he’s willing to work with tenants who are facing difficult financial times during the pandemic, but Hernandez said he’s taken a combative tone with her.
Protesters rally across the street from the future home of the Los Angeles Rams and outside in the city of Inglewood in response to rising rents. (Courthouse News photo/Nathan Solis)
Other landlords are less formal or forgiving, according to attorney Tyler Anderson with the Los Angeles Center for Community Law and Action, a community organization that provides free legal services and fights displacement of low-income tenants.
Some of his clients have returned home to find chains or new locks at their front doors or loud construction meant to drive away tenants.
“It’s predominantly low-income tenants who can’t work from home during the pandemic who find themselves either unable to pay rent or putting themselves into harm with the virus,” Anderson said.
One of his clients, Laura, an undocumented Mexican woman who lives in East LA with her family, said her landlord threatened to call the police and Immigration and Customs Enforcement for her missed rent.
Laura’s full name is not being used to protect her family’s well being, but she said the situation feels like a constant harassment that will not let up. Laura thought she had an agreement with her landlord and he would wait until her husband found work, but in May the landlord said he wanted to talk. Both she and her husband lost their jobs in the hospitality industry during the pandemic.
“He said he wanted the rent and he said just go get me the money,” Laura said in an interview. “He keeps telling my husband that we’re illegals and he wouldn’t have any problem evicting us.”
Laura lives with her son and she does have some family who live in the United States, but said it would be incredibly difficult to find a place to stay if she and her family were evicted.
Popp said the state of California never passed an eviction moratorium, but left the matter up to local jurisdictions to decide how they would assist renters. The default rate, meaning the number of tenants who do not respond to eviction notices in court, is around 49%.
There’s pending legislation, like AB 1436, that would stop all evictions until next April or 90 days after the governor’s office lifts its state of emergency.
When the Judicial Council announced it would take up a vote on the eviction ban earlier this month, Chief Justice Tani Cantil-Sakauye said, “I urge our sister branches to turn their attention to this critical work to protect people from the devastating effect of this pandemic and its recent resurgence.”
In Los Angeles County, legal aid against certain unlawful detainers is offered by the county and in LA City Hall. Councilmembers David Ryu and Mike Bonin have proposed an eviction ban and rent freeze during the pandemic, but that has not come to a vote yet. Mayor Garcetti’s office did not immediately respond to a request for comment.
“We are in the middle of a health crisis,” Popp said. “Every expert says that the best way to flatten the curb is to keep people at home; orders are to shelter in place. If people are going to shelter in place they must have a place to shelter in.”
“Any landlord who files an eviction jeopardizes their tenants lives, jeopardizes the economy.”


courthousenews--2020-08-01--NBA Team Ignores Oklahoma Lawmaker’s Threat to Revoke Tax Breaks Over Kneeling for Anthem

OKLAHOMA CITY ( CN ) — Players for the Oklahoma City Thunder basketball team knelt during the national anthem Saturday , ignoring threats by a state representative to strip the team of its tax breaks for the next four years if they took part in the league-wide social justice protest .
Thunder and Utah Jazz players knelt and locked arms while wearing Black Lives Matter t-shirts before tipoff of their game inside the NBA ’ s “ bubble ” isolation zone at Walt Disney World in Orlando .
They were joined by almost all of both teams ’ coaches and @ @ @ @ @ @ @ Donovan .
The protest took place one day after Oklahoma Rep. Sean Roberts , R-Hominy , threatened to reconsider the team ’ s tax breaks through 2024 under the Oklahoma Quality Jobs Act , calling the act of kneeling “ disrespectful ” to the flag .
“ This anti-patriotic act makes clear the NBA ’ s support of the Black Lives Matter group and its goal of defunding our nation ’ s police , its ties to Marxism and its efforts to destroy nuclear families , ” Roberts said in a statement .
@ @ @ @ @ @ @ and players follow the current trend of the NBA by kneeling during the national anthem prior to Saturday ’ s game , perhaps we need to reexamine the significant tax benefits the State of Oklahoma granted the Oklahoma City Thunder organization when they came to Oklahoma.
” Roberts added the money would be better spent on police departments .
The Quality Jobs Act was enacted in 1993 and was intended to mostly attract manufacturing jobs , but has since been used to promise millions of dollars every year to oil and gas firms @ @ @ @ @ @ @ tax breaks helped lure the Thunder ’ s predecessor – the Seattle SuperSonics – to Oklahoma City in 2008 .
The Thunder did not immediately respond to requests for comment Friday about Roberts ’ threats .
The Thunder and Jazz were last scheduled to play each other on March 11 in Oklahoma City , days before the country began shutting down and adhering to stay-at-home orders as the virus spread .
The game was abruptly cancelled minutes before tipoff after Jazz player Rudy Gobert tested positive for Covid-19 .
This led to the @ @ @ @ @ @ @ New Orleans Pelicans and Sacramento Kings later that night due to a referee being possibly exposed to the virus when he worked a Jazz game two days earlier .
This resulted in NBA commissioner Adam Silver suspending the remainder of the season indefinitely .
The season resumed on July 30 inside the NBA bubble with no fans in attendance .
Players are effectively quarantined with their teammates and opponents at three resorts within the Disney World complex and are allowed no guests .
The NBA plans on the playoffs beginning on Aug. 17 @ @ @ @ @ @ @ 13 , at the latest .
Thunder point guard Chris Paul also serves as president of the players ’ union , the National Basketball Players Association .
He announced a deal Tuesday with the league to allow players to wear social justice or charity messaging on their jerseys during games inside the bubble .
The agreement comes after months of nightly protests in American cities after the death of George Floyd at the hands of Minneapolis police in May .
Paul was careful to note that players would not be pressured to wear @ @ @ @ @ @ @ analyst and former player Charles Barkley shared similar sentiments when he said players who choose not to kneel during the national anthem should not be vilified .
“ The national anthem means different things to different people , ” Barkley said on TNT ’ s “ Inside the NBA ” Thursday .
“ I am glad these guys are unified .
But if people do not kneel , they are not a bad person .
I want to make that perfectly clear .
”

Players for the Oklahoma City Thunder basketball team knelt during the national anthem Saturday, ignoring threats by a state representative to strip the team of its tax breaks for the next four years if they took part in the league-wide social justice protest.
OKLAHOMA CITY (CN) — Players for the Oklahoma City Thunder basketball team knelt during the national anthem Saturday, ignoring threats by a state representative to strip the team of its tax breaks for the next four years if they took part in the league-wide social justice protest.
Thunder and Utah Jazz players knelt and locked arms while wearing Black Lives Matter T-shirts before tipoff of their game inside the NBA’s “bubble” isolation zone at Walt Disney World in Orlando. They were joined by almost all of both teams’ coaches and staff, including Thunder head coach Billy Donovan.
The protest took place one day after Oklahoma Rep. Sean Roberts, R-Hominy, threatened to reconsider the team’s tax breaks through 2024 under the Oklahoma Quality Jobs Act, calling the act of kneeling “disrespectful” to the flag.
“This anti-patriotic act makes clear the NBA’s support of the Black Lives Matter group and its goal of defunding our nation’s police, its ties to Marxism and its efforts to destroy nuclear families,” Roberts said in a statement. “If the Oklahoma City Thunder leadership and players follow the current trend of the NBA by kneeling during the national anthem prior to Saturday’s game, perhaps we need to reexamine the significant tax benefits the State of Oklahoma granted the Oklahoma City Thunder organization when they came to Oklahoma.”
Roberts added the money would be better spent on police departments.
The Quality Jobs Act was enacted in 1993 and was intended to mostly attract manufacturing jobs, but has since been used to promise millions of dollars every year to oil and gas firms and the Thunder basketball team. The tax breaks helped lure the Thunder’s predecessor — the Seattle SuperSonics — to Oklahoma City in 2008.
The Thunder did not immediately respond to requests for comment Friday about Roberts’ threats.
The Thunder and Jazz were last scheduled to play each other on March 11 in Oklahoma City, days before the country began shutting down and adhering to stay-at-home orders as the virus spread. The game was abruptly canceled minutes before tipoff after Jazz player Rudy Gobert tested positive for Covid-19.
This led to the immediate cancellation of a game between the New Orleans Pelicans and Sacramento Kings later that night due to a referee being possibly exposed to the virus when he worked a Jazz game two days earlier. This resulted in NBA commissioner Adam Silver suspending the remainder of the season indefinitely.
The season resumed on July 30 inside the NBA bubble with no fans in attendance. Players are effectively quarantined with their teammates and opponents at three resorts within the Disney World complex and are allowed no guests. The NBA plans on the playoffs beginning on Aug. 17 with the NBA Finals ending by Oct. 13, at the latest.
Thunder point guard Chris Paul also serves as president of the players’ union, the National Basketball Players Association. He announced a deal Tuesday with the league to allow players to wear social justice or charity messaging on their jerseys during games inside the bubble. The agreement comes after months of nightly protests in American cities after the death of George Floyd at the hands of Minneapolis police in May.
Paul was careful to note that players would not be pressured to wear jerseys with social justice messaging. NBA analyst and former player Charles Barkley shared similar sentiments when he said players who choose not to kneel during the national anthem should not be vilified.
“The national anthem means different things to different people,” Barkley said on TNT’s “Inside the NBA” Thursday. “I am glad these guys are unified. But if people do not kneel, they are not a bad person. I want to make that perfectly clear.”


courthousenews--2020-08-01--Arizona Primaries Expected to Narrow the Focus Onto Senate Race

( CN ) — Although Arizona voters will cast ballots Tuesday in Republican and Democratic Senate primaries , the result is all but a foregone conclusion .
Democrat Mark Kelly , a retired Navy captain and space shuttle commander , is unopposed , and incumbent Republican Senator Martha McSally ’ s sole opponent , wealthy real estate investor and cosmetic supply entrepreneur Daniel McCarthy , isn ’ t even registering in polls .
McSally has been Arizona ’ s junior senator since her appointment by Gov .
Doug Ducey in late 2018 .
She replaced Senator Jon Kyl , who @ @ @ @ @ @ @ John McCain , who died in 2018 .
A consistent recent ally of President Trump who did not endorse the president in 2016 when she was serving in the House of Representatives , McSally did not respond to requests for an interview for this story .
McCarthy considers McSally a Washington insider who is beholden to the big money her campaign draws .
“ This is someone who is willing to solve every problem by way of growing the federal government , ” said McCarthy , who with his wife created The Makeup @ @ @ @ @ @ @ cloth for removing makeup .
“ I ’ m going to do everything in my power to stop the federal government from growing , stop the federal government from passing laws , and shift the burden of responsibility back to the local and state citizens.
” Coronavirus restrictions — continued shutdown of schools and businesses — are more dangerous than Covid-19 , said McCarthy , who said masks might have been helpful at the beginning of the pandemic but are not effective now that the virus has spread .
“ I assure you @ @ @ @ @ @ @ much more severe than a normal virus death rate , which statistically is what we ’ re encountering , ” he said .
McCarthy names national reciprocity of gun laws as his top issue , and he wants to dismantle the U.S. Department of Education , Bureau of Alcohol , Tobacco and Firearms , Environmental Protection Agency , and Consumer Fraud Protection Bureau .
“ The list can go on and on .
I think all of us need to realize that the experiment of growing the federal government has failed , ” @ @ @ @ @ @ @ science professor Kim Fridkin thinks Kelly , who is married to former U.S. Representative Gabby Giffords , also has an emotional edge over McSally in the expected general election matchup .
“ I think Arizonans have warm feelings towards Kelly , given his connection with Gabby Giffords as well as his career as an astronaut , ” Fridkin said .
Although the race is competitive , Kelly has a lead in fundraising , and President Trump ’ s popularity is waning , which helps the former Navy pilot , she said .
Arizona @ @ @ @ @ @ @ the political spectrum , said University of Arizona Professor Chris Weber , largely because of growth in the Latino population .
Although Kelly is leading in all recent polls , he is facing a party registration deficit , which would help McSally in November , Fridkin said .
Among Arizona ’ s 3.9 million registered voters , 1.4 million ( 35 % ) are Republicans , 1.3 million ( 32 % ) Democrats , and 1.2 million registered otherwise , including independents and Green Party members .
Fewer than 1 % ( 33,000 @ @ @ @ @ @ @ Secretary of State ’ s Office .
The 2018 primary saw 33 % turnout – the highest in 20 years for an Arizona primary .
Polls consistently show Kelly leading .
In one online survey of registered voters July 19-23 , 53 % said they intend to vote for Kelly , while McSally drew just 35 % support .
Thirteen percent planned to vote for another candidate or did not know , according to that poll by Redfield & Wilton Strategies , a London firm .
Other recent polls also show Kelly leading @ @ @ @ @ @ @ A July 24-26 Change Research poll had Kelly leading McSally 47 % to 45 % , while a Morning Consult poll taken July 17-26 gave Kelly a 52 % to 36 % lead .
Although Redfield & Wilton didn ’ t ask about the primary , their survey showed that almost two-thirds of voters ( 64 % ) plan to vote by mail in November , while 30 % plan to vote in person .
Arizona voters also have the option of voting early in person or dropping off mail ballots on election @ @ @ @ @ @ @ ( 35 % ) are comfortable or very comfortable voting in person , and slightly more ( 38 % ) are uncomfortable or very uncomfortable showing up at polls .
But 59 % of Arizona voters support or strongly support an all-mail November election , and just 22 % oppose or strongly oppose it , the survey showed .
Polls open at 6 a.m. Tuesday and close at 7 p.m .

Although Arizona voters will cast ballots Tuesday in Republican and Democratic Senate primaries, the result is all but a foregone conclusion.
(CN) — Although Arizona voters will cast ballots Tuesday in Republican and Democratic Senate primaries, the result is all but a foregone conclusion.
Democrat Mark Kelly, a retired Navy captain and space shuttle commander, is unopposed, and incumbent Republican Senator Martha McSally’s sole opponent, wealthy real estate investor and cosmetic supply entrepreneur Daniel McCarthy, isn’t even registering in polls.
McSally has been Arizona’s junior senator since her appointment by Gov. Doug Ducey in late 2018. She replaced Senator Jon Kyl, who stepped down from his appointment replacing Senator John McCain, who died in 2018.
A consistent recent ally of President Trump who did not endorse the president in 2016 when she was serving in the House of Representatives, McSally did not respond to requests for an interview for this story. McCarthy considers McSally a Washington insider who is beholden to the big money her campaign draws.
“This is someone who is willing to solve every problem by way of growing the federal government,” said McCarthy, who with his wife created The Makeup Eraser, a widely available environmentally friendly cloth for removing makeup. “I’m going to do everything in my power to stop the federal government from growing, stop the federal government from passing laws, and shift the burden of responsibility back to the local and state citizens.”
Coronavirus restrictions — continued shutdown of schools and businesses — are more dangerous than Covid-19, said McCarthy, who said masks might have been helpful at the beginning of the pandemic but are not effective now that the virus has spread.
“I assure you that the ramifications of these actions are much more severe than a normal virus death rate, which statistically is what we’re encountering,” he said.
McCarthy names national reciprocity of gun laws as his top issue, and he wants to dismantle the U.S. Department of Education, Bureau of Alcohol, Tobacco and Firearms, Environmental Protection Agency, and Consumer Fraud Protection Bureau.
“The list can go on and on. I think all of us need to realize that the experiment of growing the federal government has failed,” he said.
Arizona State University political science professor Kim Fridkin thinks Kelly, who is married to former U.S. Representative Gabby Giffords, also has an emotional edge over McSally in the expected general election matchup.
“I think Arizonans have warm feelings towards Kelly, given his connection with Gabby Giffords as well as his career as an astronaut,” Fridkin said.
Although the race is competitive, Kelly has a lead in fundraising, and President Trump’s popularity is waning, which helps the former Navy pilot, she said.
Arizona is shifting steadily but slowly left on the political spectrum, said University of Arizona Professor Chris Weber, largely because of growth in the Latino population.
“The demographic composition is changing dramatically,” Weber said.
Although Kelly is leading in all recent polls, he is facing a party registration deficit, which would help McSally in November, Fridkin said.
Among Arizona’s 3.9 million registered voters, 1.4 million (35%) are Republicans, 1.3 million (32%) Democrats, and 1.2 million registered otherwise, including independents and Green Party members. Fewer than 1% (33,000) are Libertarians, according to the Secretary of State’s Office.
The 2018 primary saw 33% turnout – the highest in 20 years for an Arizona primary. Polls consistently show Kelly leading.
In one online survey of registered voters July 19-23, 53% said they intend to vote for Kelly, while McSally drew just 35% support. Thirteen percent planned to vote for another candidate or did not know, according to that poll by Redfield & Wilton Strategies, a London firm.
Other recent polls also show Kelly leading by as much as 16 points. A July 24-26 Change Research poll had Kelly leading McSally 47% to 45%, while a Morning Consult poll taken July 17-26 gave Kelly a 52% to 36% lead.
Although Redfield & Wilton didn’t ask about the primary, their survey showed that almost two-thirds of voters (64%) plan to vote by mail in November, while 30% plan to vote in person. Arizona voters also have the option of voting early in person or dropping off mail ballots on election day.
About a third of voters (35%) are comfortable or very comfortable voting in person, and slightly more (38%) are uncomfortable or very uncomfortable showing up at polls. But 59% of Arizona voters support or strongly support an all-mail November election, and just 22% oppose or strongly oppose it, the survey showed.
Polls open at 6 a.m. Tuesday and close at 7 p.m.


courthousenews--2020-08-01--Coronavirus Response Could See Shake-Up in Missouri Governor’s Race

ST. LOUIS ( CN ) – The Trump train that barreled through the country in 2016 seems to have derailed and the fallout could lead to a change in power in the Missouri governor ’ s mansion .
According to the most recent SLU/YouGov poll , Republican Governor Mike Parson held just a two-point lead over Democratic challenger Nicole Galloway .
It is a dramatic difference from the 13-point lead Parson enjoyed in another poll in March .
Kenneth Warren , a political science professor at St. Louis University who authored the poll , calls the race a dead heat @ @ @ @ @ @ @ is tied with President Donald Trump ’ s decline in the state .
Trump won Missouri by 18 % in 2016 , but has just a seven-point lead against Joe Biden in the Show-Me State , according to the same poll .
“ Trump has fallen , a lot in every demographic , ” Warren said in an interview .
“ And he ’ s even fallen with the Evangelicals , but he ’ s fallen , a lot among whites , which is real serious , particularly white women .
And so @ @ @ @ @ @ @ as well.
” While earning their respective parties ’ nomination seems to be a forgone conclusion as Missourians head to the polls on Tuesday , the tightening race continues to draw national attention as November approaches .
There has already been considerable fundraising for both sides .
Galloway brought in more than $ 1.1 million in the second quarter of 2020 ( April through June ) with no in-person events .
Parson reported $ 1.4 million cash on hand .
Parson , one of just two current governors without a college degree , @ @ @ @ @ @ @ to Trump , the biggest perhaps being the state ’ s struggle to contain the Covid-19 pandemic .
On Thursday , the state set a new single-day high for new cases for the 11th time with 2,087 cases and it was recently added to 21 states considered a “ red zone ” for new Covid-19 cases by the White House coronavirus task force .
“ It ’ s a little hard to tell at this point exactly what impact the virus is going to have in terms of how people view politics , @ @ @ @ @ @ @ in politics , come November , ” Peverill Squire , a political science professor at the University of Missouri – Columbia , said in an interview .
Despite the recent increase in Covid-19 numbers , Parson has been reluctant to institute a statewide mask mandate , preferring to leave it up to local decision-makers .
“ Right now , it ’ s spiked like crazy , ” Warren said .
“ So , the coronavirus will be a big factor and the fact that Missouri is not handled very well will not be @ @ @ @ @ @ @ sided with Trump in a pro-police “ law and order ” stance regarding the protests stemming from the George Floyd shooting .
Recently , Parson said he would pardon Mark and Patricia McCloskey , the couple who gained national headlines for threatening protesters walking by their St. Louis mansion with guns , from any criminal charges filed by St. Louis prosecutor Kim Gardner .
Such stances may ring true with rural Missouri , which is deeply red .
But it could pose problems within the more liberal urban voting blocks such as St. @ @ @ @ @ @ @ that balance can ’ t be ignored .
While Galloway , the state ’ s auditor , ironically was the only Democrat to win a statewide office during the Trump wave of 2016 , Missouri is not as GOP-dominated as it seems .
“ The fact is , since 1992 , Missouri ’ s been dominated by Democrats , ” Warren said .
“ There ’ s been Democratic governors except for Matt Blunt .
We ’ ve had Mel Carnahan , ( Bob ) Holden , Matt Blunt came in , but @ @ @ @ @ @ @ don ’ t assume that Missouri is so red.
” Another issue for Parson is that he wasn ’ t elected as governor .
He was elected Lt .
Governor in 2016 , but was sworn in as the state ’ s 57th governor on June 1 , 2018 , after Eric Greitens resigned amid allegations of computer tampering and that he attempted to blackmail a mistress with a compromising photograph .
“ He doesn ’ t have quite the base that most incumbents would tend to have , ” Squire said .
@ @ @ @ @ @ @ governor the first time around .
He ’ s having to figure out how he can try to appeal beyond just what is the traditional Republican base , rural areas , and he ’ s obviously struggled with that .
“ In the last month ’ s time , he ’ s had a number of missteps in how he ’ s articulated some of his views and I ’ m not sure that his views are going to resonate particularly well , not just in the urban areas which are not inclined @ @ @ @ @ @ @ I think it ’ s probably hurting him in the suburbs.
” Galloway has seized on Missouri ’ s rising Covid-19 numbers , attacking Parson ’ s leadership during the pandemic .
She has criticized Parson for not wearing a mask during public appearances and her campaign launched an advertising campaign highlighting Parson ’ s failure to take responsibility for the rising numbers .
In June , she announced a comprehensive framework to invest in Missouri ’ s Black communities , reform the state ’ s criminal justice system , ensure healthcare for @ @ @ @ @ @ @ Galloway also supports Medicaid expansion , which is a hot-button topic statewide on Tuesday ’ s ballot .
Parson opposes it .
But with the election more than 90 days away , it remains to be seen if she can keep her current momentum going .
“ Republicans are facing problems in trying to win reelection , ” Warren said .
“ Missouri reflects that trend .
Republicans not doing very well , and Parson is trending downward .
I think he ’ s going to have a hard time defending his position @ @ @ @ @ @ @ ” Another race of note that will be decided on Tuesday in Missouri is the race between Lacy Clay and Cori Bush for the U.S. House of Representatives District 1 .
Clay , a Democrat , has held the post for 20 years .
His father , Bill Clay served in the same capacity since 1968 and was a founding member of the Black Congressional Caucus before retiring in 2000 .
But Clay is perhaps facing his toughest test in Bush , a Progressive Democrat .
Bush unsuccessfully ran against Clay in 2018 @ @ @ @ @ @ @ fellow Progressive Democrat U.S. Rep. Alexandria Ocasio-Cortez , NY , Clay still won by more than 28,000 votes ( a 57-37 percent split ) .
Bush doesn ’ t have Ocasio-Cortez ’ s endorsement this time around , but she has name recognition and a bigger war chest , reporting $ 562,000 raised with $ 127,000 cash in hand .
Bush has used her money on a TV ad campaign highlighting her efforts as an activist within the Black Lives Matter movement .
She hopes to get a boost from being featured in @ @ @ @ @ @ @ the House , ” that highlighted the campaigns of Progressive Democrats challenging incumbents .
She has attacked Clay ’ s leadership , claiming the region has become stagnant and mediocre , banking that the region ’ s Black voters will desire new leadership .
Clay is running on his own record .
He has key roles on the House Financial Services Committee and the House Oversight Committee , and his campaign notes he has consistently backed the positions of Progressive Democrats such as the Green New Deal , “ Medicare for All ” @ @ @ @ @ @ @ have high-profile endorsements .
Clay has the backing of House Speaker Nancy Pelosi and Senator Kamala Harris , while Bush has the support of Senator Bernie Sanders .
“ She ’ s still an underdog , but it ’ s a competitive race and the fact that we will have Medicaid expansion on the August ballot may help propel more progressives to show up on election day , ” Squire said .
Warren , though , doesn ’ t think too highly of the prospect of a Bush upset .
While he notes @ @ @ @ @ @ @ with TV ads of his own , he believes the combination of the Clay name along with the big loss two years ago will be too much to overcome .
“ She loses by 20 points , you know , and people interpreted that as a close election and that ’ s funny , ” Warren said .
“ They interpret it as a close election because it was closer than usual , but 20 points under any scenario is a whomping.
” Covid-19 has changed the look of elections , but Missouri @ @ @ @ @ @ @ the end of Tuesday night .
In-person polling stations will be open throughout the state and social distancing will be encouraged .
A spokeswoman for the Secretary of State ’ s office told Courthouse News that local election officials have done a good job of making sure things should go smoothly .
The state is expecting an increase in absentee voting after the legislature passed SB 631 , which expanded absentee voting in light of the Covid-19 pandemic .
But the spokesperson said all absentee ballots are due to local election authorities by @ @ @ @ @ @ @ should not affect the tabulation of results .

The Trump train that barreled through the country in 2016 seems to have derailed and the fallout could lead to a change in power in the Missouri governor’s mansion.
ST. LOUIS (CN) — The Trump train that barreled through the country in 2016 seems to have derailed and the fallout could lead to a change in power in the Missouri governor’s mansion.
According to the most recent SLU/YouGov poll, Republican Governor Mike Parson held just a two-point lead over Democratic challenger Nicole Galloway. It is a dramatic difference from the 13-point lead Parson enjoyed in another poll in March.
A sign directs voters to a polling location in St. Louis County. (Courthouse News photo/Joe Harris)
Kenneth Warren, a political science professor at St. Louis University who authored the poll, calls the race a dead heat. He believes Parson’s decline is tied with President Donald Trump’s decline in the state. Trump won Missouri by 18% in 2016, but has just a seven-point lead against Joe Biden in the Show-Me State, according to the same poll.
“Trump has fallen, a lot in every demographic,” Warren said in an interview. “And he's even fallen with the Evangelicals, but he's fallen, a lot among whites, which is real serious, particularly white women. And so, that presents a problem for Parson as well.”
While earning their respective parties’ nomination seems to be a forgone conclusion as Missourians head to the polls on Tuesday, the tightening race continues to draw national attention as November approaches.
There has already been considerable fundraising for both sides. Galloway brought in more than $1.1 million in the second quarter of 2020 (April through June) with no in-person events. Parson reported $1.4 million cash on hand.
Parson, one of just two current governors without a college degree, faces several obstacles aside from being tied to Trump, the biggest perhaps being the state’s struggle to contain the Covid-19 pandemic. On Thursday, the state set a new single-day high for new cases for the 11th time with 2,087 cases and it was recently added to 21 states considered a “red zone” for new Covid-19 cases by the White House coronavirus task force.
“It's a little hard to tell at this point exactly what impact the virus is going to have in terms of how people view politics, and frankly, their ability to participate in politics, come November,” Peverill Squire, a political science professor at the University of Missouri, Columbia, said in an interview.
Despite the recent increase in Covid-19 numbers, Parson has been reluctant to institute a statewide mask mandate, preferring to leave it up to local decision-makers.
“Right now, it's spiked like crazy,” Warren said. “So, the coronavirus will be a big factor and the fact that Missouri is not handled very well will not be good for him.”
Parson has also sided with Trump in a pro-police “law and order” stance regarding the protests stemming from George Floyd's death. Recently, Parson said he would pardon Mark and Patricia McCloskey, the couple who gained national headlines for threatening protesters walking by their St. Louis mansion with guns, from any criminal charges filed by St. Louis prosecutor Kim Gardner.
Such stances may ring true with rural Missouri, which is deeply red. But it could pose problems within the more liberal urban voting blocks such as St. Louis and Kansas City.
Warren said that balance can’t be ignored. While Galloway, the state’s auditor, ironically was the only Democrat to win a statewide office during the Trump wave of 2016, Missouri is not as GOP-dominated as it seems.
“The fact is, since 1992, Missouri's been dominated by Democrats,” Warren said. “There’s been Democratic governors except for Matt Blunt. We’ve had Mel Carnahan, (Bob) Holden, Matt Blunt came in, but then we had Jay Nixon . … don't assume that Missouri is so red.”
Another issue for Parson is that he wasn’t elected as governor. He was elected Lt. Governor in 2016, but was sworn in as the state’s 57th governor on June 1, 2018, after Eric Greitens resigned amid allegations of computer tampering and that he attempted to blackmail a mistress with a compromising photograph.