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Category: Law/Crime

Prosecute Trump? Put yourself in Merrick Garland’s shoes

Prosecute Trump? Put yourself in Merrick Garland’s shoes

Jack Goldsmith writes: The evidence gathered by the Jan. 6 committee and in some of the federal cases against those involved in the Capitol attack pose for Attorney General Merrick Garland one of the most consequential questions that any attorney general has ever faced: Should the United States indict former President Donald Trump? The basic allegations against Mr. Trump are well known. In disregard of advice by many of his closest aides, including Attorney General William Barr, he falsely claimed…

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Republican strategy to tilt courts against climate action reaches a crucial moment

Republican strategy to tilt courts against climate action reaches a crucial moment

The New York Times reports: Within days, the conservative majority on the Supreme Court is expected to hand down a decision that could severely limit the federal government’s authority to reduce carbon dioxide from power plants — pollution that is dangerously heating the planet. But it’s only a start. The case, West Virginia v. Environmental Protection Agency, is the product of a coordinated, multiyear strategy by Republican attorneys general, conservative legal activists and their funders, several with ties to the…

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January 6 hearings: Republicans will do it again

January 6 hearings: Republicans will do it again

Jonathan Chait writes: The January 6 hearings are about the events of a single day, but they implicate a much broader phenomenon: the Republican Party’s faltering commitment to democracy. The mob attack on Congress a year and a half ago was merely the most grotesque manifestation of Donald Trump’s rejection of democracy, and Trump himself merely the most grotesque manifestation of his party’s authoritarian impulses. “Parties that are committed to democracy must, at minimum, do two things: accept defeat and…

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Sweeping legislation aims to ban the sale of location data

Sweeping legislation aims to ban the sale of location data

Motherboard reports: Sen. Elizabeth Warren and a group of other Democratic lawmakers have introduced a bill that would essentially outlaw the sale of location data harvested from smartphones. The bill also presents a range of other powers to the Federal Trade Commission (FTC) and individual victims to push back against the multibillion-dollar location data industry. The move comes after Motherboard reported multiple instances in which companies were selling location data of people who visited abortion clinics, and sometimes making subsets…

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The January 6 committee isn’t messing around

The January 6 committee isn’t messing around

Quinta Jurecic writes: The open hearing last week of the committee investigating the January 6 coup attempt plunged viewers back into the brutality and terror of that day. The committee featured footage of insurrectionists beating the law-enforcement officers who attempted to stop them from entering the Capitol, material disturbing enough that YouTube later labeled video of the hearing as “inappropriate for some users.” Caroline Edwards, a Capitol Police officer who testified about her injuries at the hands of the rioters,…

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AG Garland and federal prosecutors are watching all of the January 6 hearings

AG Garland and federal prosecutors are watching all of the January 6 hearings

NPR reports: Attorney General Merrick Garland is watching the House hearings on the lead-up to and day of Jan. 6, 2021 — as are the Justice Department lawyers prosecuting cases related to the attack on the Capitol. “I’m watching and I will be watching all the hearings, although I may not be able to watch all of it live. But I’ll be sure that I’ll be watching all that. And I can assure you that the January 6 prosecutors are…

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Ukraine’s ‘Nuremberg moment’ amid flood of alleged Russian war crimes

Ukraine’s ‘Nuremberg moment’ amid flood of alleged Russian war crimes

Robbie Gramer and Amy Mackinnon write: As Russia continues its assault on Ukraine, top Biden administration officials are working behind the scenes with the Ukrainian government and European allies to document a tsunami of war crimes allegedly committed by Russian forces. But the sheer volume of the documented war crime cases could be too overwhelming for Ukraine’s justice system as well as for the International Criminal Court (ICC), raising questions of how many cases will be brought to trial and…

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The other cause of January 6: The Electoral College

The other cause of January 6: The Electoral College

Kate Shaw writes: John Eastman. Rudy Giuliani. Donald Trump himself. These people all bear some responsibility for the events of January 6, 2021. But there is another contributing factor—an institution, not a person—whose role is regularly overlooked, and that deserves a focus in the ongoing January 6 committee hearings: the Electoral College. The Electoral College isn’t responsible for President Trump’s efforts to remain in office despite his clear loss. But it was integral to Trump’s strategy, and it has everything…

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Rural America reels from violent crime

Rural America reels from violent crime

The Wall Street Journal reports: Local prosecutor Rebecca McCoy used to think of her home in central Arkansas as a place where the worst crimes were usually stolen tractors and lawn mowers. In March 2020, she was called to the trailer of a 72-year-old man who had been bludgeoned to death with a baseball bat. It was White County’s first homicide in almost two years. By that December, there were 11 more. In Marion County, a swampy stretch of South…

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Big Oil is suing countries to block climate action

Big Oil is suing countries to block climate action

The Lever reports: Fossil fuel investors are adopting a bold new legal tactic in response to efforts to limit global warming: They are going to private international tribunals to argue that climate change policies are illegally cutting into their profits, and they must therefore be compensated. Now governments are scrambling to figure out how to not get sued for billions when enacting climate policies. Termed “investor-state dispute settlement” legal actions, such moves could have a chilling effect on countries’ ability…

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Trump on trial: A guide to the January 6 hearings and the question of criminality

Trump on trial: A guide to the January 6 hearings and the question of criminality

Norman Eisen, Donald B. Ayer, Joshua Perry, Noah Bookbinder, and E. Danya Perry, write: President Joe Biden legitimately won a fair and secure 2020 presidential election—and Donald Trump lost. This historical fact has been uncontroverted by any evidence since at least November 7, 2020, when major news outlets projected Biden’s victory. But Trump never conceded. Instead, both before and after Election Day, he tried to delegitimize the election results by disseminating a series of far-fetched and evidence-free claims of fraud….

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Move to seize Russian assets to help Ukraine meets resistance in Washington

Move to seize Russian assets to help Ukraine meets resistance in Washington

The New York Times reports: The devastation in Ukraine brought on by Russia’s war has leaders around the world calling for seizing more than $300 billion of Russian central bank assets and handing the funds to Ukraine to help rebuild the country. But the movement, which has gained momentum in parts of Europe, has run into resistance in the United States. Top Biden administration officials warned that diverting those funds could be illegal and discourage other countries from relying on…

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Mass killings in other parts of the world have led to serious gun control

Mass killings in other parts of the world have led to serious gun control

Muhammad Idrees Ahmad writes: On the morning of March 13, 1996, a 43-year-old gunman had entered the Dunblane Primary School and killed 16 children and a teacher, injuring 15 others. The man was carrying four handguns — two Browning Hi-Power pistols and two Smith & Wesson Model 19 revolvers — all purchased legally. The massacre horrified the country and united both major parties. Following an official inquiry, the Conservative government of Prime Minister John Major introduced the Firearms (Amendment) Act…

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Russia has incited genocide in Ukraine, independent legal experts conclude

Russia has incited genocide in Ukraine, independent legal experts conclude

The Washington Post reports: Russia is responsible for inciting genocide and perpetrating atrocities that show an “intent to destroy” the Ukrainian people, a new legal analysis signed by more than 30 independent experts concluded. The report, published Friday by the Washington-based New Lines Institute for Strategy and Policy and the Montreal-based Raoul Wallenberg Centre for Human Rights, also concludes that there is “serious risk of genocide in Ukraine,” and that states have a legal obligation to prevent genocide from occurring….

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The Supreme Court just okayed Biden’s ‘social cost of carbon’ — but it’s still way too low

The Supreme Court just okayed Biden’s ‘social cost of carbon’ — but it’s still way too low

Vox reports: The Supreme Court decided on May 26 to allow President Joe Biden’s administration to continue using a key metric in the fight against climate change. The court’s order, in refusing to put back an order from a federal judge in Louisiana that had blocked the administration, is just one line long. But it represents a big setback for the Republican-led states that have been suing the president over the metric, known as the social cost of carbon: a…

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Opposition to gun control is rooted in racism

Opposition to gun control is rooted in racism

Jay Michaelson writes: As legal scholar Reva Siegel and others have demonstrated, (white) conservatives’ opposition to gun regulation began in the wake of the civil rights movement and the rise in the 1970s of the ‘New Right,’ made up of former segregationists, cultural conservatives (the ‘moral majority’), and white politicians demanding ‘law and order.’ While the 1972 Republican party platform had actually supported gun control, the Reagan Revolution transformed the party. (Ronald Reagan wrote an article praising individual gun ownership…

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