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John Oliver returned to Last Week Tonight with another examination of an unjust cog in America’s criminal justice system: the unrepresentative makeup of trial juries. Serving on a “jury of your peers” is an “essential civic duty”, Oliver said. But in practice, said “peers” are not chosen from a fair cross-section of society. People of color and particularly black Americans are chronically underrepresented in jury pools. First, there’s the list of potential jurors, which in many states draws from voter registration data or drivers’ license lists, both of which disproportionately exclude people of color. Many states contract jury selection to private companies, whose methods, when revealed, fall far short of truly representative or random; Oliver pointed to one example in Tulsa, Oklahoma, where a private company accidentally excluded zip codes in which 90% of the county’s black residents lived. Once potential jurors show up for selection, prosecutors can weed out jurors of color. Although the supreme court ruled in 1986 that prosecutors can’t strike jurors on the basis of race, “it turns out that’s a pretty easy rule to get around,” said Oliver. “All you have to do is just come up with some reason other than race to strike a juror.” To demonstrate the brazen efforts prosecutors will take to whitewash juries, Oliver pointed to the six murder trials for Curtis Flowers in Mississippi, a black man whose case eventually reached the supreme court, which decided that the prosecutor had repeatedly and blatantly filtered out any potential black jurors.
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More than two decades ago, police in Shreveport, La. stopped Fair Wayne Bryant on the side of the road for allegedly stealing a pair of hedge clippers. His vehicle looked like one that had been used in a recent home burglary, they told the black 38-year-old moments before arresting him. Bryant insisted the clippers police found in the van belonged to his wife, but he did make a confession to the officers: After his vehicle had broken down ... he had entered a carport in search of a tank of gas. That disclosure would eventually land Bryant life in prison. Last week, the Louisiana Supreme Court denied a request from Bryant to hear a review of his life sentence. Six of the seven justices backed the decision. The lone Black judge on the bench was the only one to disagree. In a searing dissent, Chief Justice Bernette Johnson said Bryant’s sentence was only due to Louisiana’s harsh habitual offender laws. “Mr. Bryant has already spent nearly 23 years in prison and is now over 60 years old,” she wrote. “If he lives another 20 years, Louisiana taxpayers will have paid almost one million dollars to punish Mr. Bryant for his failed effort to steal a set of hedge clippers.” The decision from the state supreme court gives Bryant few, if any, options for recourse to leave Louisiana State Penitentiary at Angola ... which is also the site of a former slave plantation. In her dissent, Johnson — the court’s first Black chief justice — drew a straight line from slavery to the laws that she said enabled Louisiana prosecutors to send Bryant to Angola for the rest of his life.
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District attorneys in Boston, Philadelphia and San Francisco are teaming up on a pilot effort patterned after South Africa's post-apartheid truth and reconciliation commission to confront racism in the criminal justice system. Suffolk County DA Rachael Rollins, Philadelphia DA Larry Krasner and San Francisco DA Chesa Boudin announced the initiative Wednesday in partnership with the Grassroots Law Project, which is leading the effort. It will tackle racial inequities and police violence and misconduct. We need to confront our ugly past to create a more just and equitable future, said Rollins, whose jurisdiction includes Boston. Organizers said the Truth, Justice and Reconciliation Commission will process and address the injustices of the past that simply were not given the time, attention and dignity that they deserved. When marginalized people have needed to finally rely on this system for justice, it has routinely failed them in the worst ways imaginable. This isnt a bug in the system, but a feature, they said in a statement. In the 1990s, South Africa's own Truth and Reconciliation Commission took the nation on a painful path to air injustices perpetrated during more than 40 years of apartheid rule that included the torture, beatings and bombings of Blacks. Rather than hunt down and try people accused of atrocities, Nuremberg-style, the country's approach helped talk through grievances and heal divisions between Blacks and whites.
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In a major legal setback for President Donald Trump on a high-profile consumer issue, a federal appeals court has ruled that his administration lacks the legal authority to force drug companies to disclose prices in their TV ads. Where most plans to overhaul the cost of drugs are complex, mandating that companies disclose prices is something any consumer can relate to. Separate from the court case, legislation that would lower drug costs for Medicare beneficiaries with high bills is stuck in Congress. There's also a separate bill that would mandate drug companies to disclose their prices in consumer advertising. On TV ads, the unanimous decision by a panel of the U.S. Court of Appeals for the District of Columbia Circuit did not address a core argument of the pharmaceutical industry, that forcing companies to disclose their prices in advertising violates their free speech rights. Instead the three-judge panel ruled that the Department of Health and Human Services overstepped its legal authority by requiring disclosure under the umbrella of its stewardship of Medicare and Medicaid. When the disclosure rule was announced last year, administration officials were confident that it would be in effect by now. Drug pricing details were expected to appear in text toward the end of commercials.
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It began Friday night, when Trump informed Congress that he was firing Michael Atkinson, the Intelligence Community’s inspector general. This was nothing more than a vile act of political retribution. Atkinson fulfilled his legal responsibilities by informing Congress about a whistleblower complaint that exposed Trump’s impeachable crimes. What everyone else recognizes as following the letter of the law, the president views as cause for termination. On Monday, Trump turned his attention to the inspector general who oversees the Department of Health and Human Services, who had just released a report revealing the extent to which hospitals were struggling to meet the health care demands associated with treating COVID-19 patients. Trump labeled the report a “Fake Dossier” and suggested “politics” influenced it. On Tuesday, the president removed Pentagon Inspector General Glenn Fine. He had just been designated to oversee the newly created Pandemic Response Accountability Committee, a watchdog panel authorized by Congress to conduct oversight of the $2.2 trillion coronavirus relief bill. The same day, Trump said he had seven IGs in his sights. In the course of three days, Trump fired an IG for telling the truth, attacked another for exposing the totality of a health care pandemic, and removed another in a brazen effort to avoid being held accountable for how trillions of taxpayer dollars will be allocated. The sum of these actions is nothing short of blatant corruption.
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Our Attorney General submitted a proposal last week that would dramatically erode our civil liberties. Among other things, the proposal suspends habeas corpus ... or the right to appear before a judge before being detained. That right is enshrined in our Constitution and without it, Barr could hold Americans indefinitely without a trial. Our justice system is grounded in an unwavering guarantee that each one of us is entitled to certain inalienable rights, including the right to due process before one's freedom is taken away. On March 13, the President declared a national emergency, which unlocked special powers to keep our country safe. Congress has enacted roughly 120 laws that allow presidents such powers to meet precisely these types of threats while maintaining our democracy. These laws are not without limits. Nor were they meant to be used to capitalize on fear to unnecessarily erode our freedoms. Yet while the world is consumed by this pandemic and when he thought no one was watching, Attorney General William Barr proposed granting himself immense, permanent powers extending far past the needs posed by this threat. For example, the proposal grants Barr personally the power to ask any chief judge to hold a citizen, "whenever the district court is fully or partially closed by virtue of any natural disaster, civil disobedience, or other emergency situation." If this were about COVID-19, the proposal would suspend only certain rights narrowly tailored to fighting this disease.
Note: This New York Times article details how autocrats around the world are using the fear generated to grab power. Read another highly informative article on how this crisis is being exploited to grab power. For more along these lines, see concise summaries of deeply revealing news articles on the coronavirus pandemic and the erosion of civil liberties from reliable major media sources.
President Donald Trump on Tuesday called for two liberal Supreme Court justices to recuse themselves from cases involving him following a scathing dissent issued by one of them, blasting the justices as the court considers a number of cases critical to his presidency. "I just don't know how they can't recuse themselves for anything having to do with Trump or Trump-related," Trump said of Justices Sonia Sotomayor and Ruth Bader Ginsburg during a trip to India. "Her statement was so inappropriate when you're a justice of the Supreme Court," he said of Sotomayor, who was appointed to the court by President Barack Obama. Sotomayor castigated the government for repeatedly asking justices on an emergency basis to allow controversial policies to go into effect and charged her conservative colleagues on the court with being too eager to side with the Trump administration on such requests. While Sotomayor's dissent targeted the federal government -- not The Trump administration per se -- she was speaking about the recent uptick in emergency petitions concerning many of the President's policies. And her criticism of her conservative colleagues was pointed. Sotomayor wrote that granting emergency applications often upends "the normal appellate process" while "putting a thumb on the scale in favor of the party that won." Targeting her conservative colleagues, she said "most troublingly, the court's recent behavior" has benefited "one litigant over all others."
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If actions speak louder than words, then President Donald Trump's granting of pardons Tuesday was deafening. The list of 11 lucky Americans granted clemency read like a who's who of the rich and the famous — former Illinois Gov. Rod Blagojevich, former San Francisco 49ers owner Eddie DeBartolo Jr., Wall Street financier Michael Milken and former New York City police Commissioner Bernard Kerik among them. Many of the offenders who received pardons or commutations of their sentences were convicted of crimes relating to fraud and corruption. The message Trump is sending seems loud and clear: Fraud and corruption are not serious crimes. And as such, these types of white-collar crimes can be ignored. Predators of all types — from criminals who engage in fraud to those who commit sexual exploitation — often groom their victims for action they want to take in the future. Trump may be using his pardon power in the same way. By inuring the public to the harm of fraud and corruption, the president can convince his base of supporters that these are not serious crimes. Clearly, Trump is using pardons to undermine public faith in the government and the criminal justice system. If, at some point, he does decide to pardon [Roger] Stone and other allies, such as former campaign chairman Paul Manafort or former national security adviser Michael Flynn, the outrage will have been defused.
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Donald Trump’s administration is targeting Julian Assange as “an enemy of the America who must be brought down” and his very life could be at risk if he is sent to face trial in the US, the first day of the WikiLeaks founder’s extradition hearing has been told. Lawyers for Assange intend to call as a witness a former employee of a Spanish security company who says surveillance was carried out for the US on Assange while he was at Ecuador’s London embassy and that conversations had turned to potentially kidnapping or poisoning him. Assange, 48, is wanted in the US to face 18 charges of attempted hacking and breaches of the Espionage Act. They relate to the publication a decade ago of hundreds of thousands of diplomatic cables and files covering areas including US activities in Afghanistan and Iraq. The Australian, who could face a 175-year prison sentence if found guilty, is accused of working with the former US army intelligence analyst Chelsea Manning to leak classified documents. Key parts of the evidence related to the claim, which emerged last week, that a then US Republican congressman offered Assange a pardon if he denied Russian involvement in the leaking of US Democratic party emails during the 2016 US presidential contest. The court was told that Dana Rohrabacher, who claims to have made the proposal on his own initiative, had presented it as a “win-win” scenario that would allow Assange to leave the embassy and get on with his life.
Note: Read more about the strange prosecution of Assange. For more along these lines, see concise summaries of deeply revealing news articles on government corruption from reliable major media sources.
Few news outlets covered the detention of [attorney] Steven Donziger, who won a multibillion-dollar judgment in Ecuador against Chevron over the massive contamination in the Lago Agrio region. On August 6, Donziger left a Lower Manhattan courthouse ... with an electronic monitoring device newly affixed to his ankle. As he was arguing the case against Chevron in Ecuador back in 2009, the company expressly said its long-term strategy was to demonize him. Chevron has hired private investigators to track Donziger, created a publication to smear him, and put together a legal team of hundreds of lawyers from 60 firms. As a result, Donziger has been disbarred and his bank accounts have been frozen. He now has a lien on his apartment, faces exorbitant fines, and has been prohibited from earning money. As of August, a court has seized his passport and put him on house arrest. Despite Donziger�s current predicament, the case against Chevron in Ecuador was a spectacular victory. An Ecuadorian court ruled against Chevron in 2011 and ordered the company to pay $18 billion in compensation, an amount that was later reduced to $9.5 billion. After years of struggling with the health and environmental consequences of oil extraction, the impoverished Amazonian plaintiffs had won a historic judgment from one of the biggest corporations in the world. But ... Chevron immediately made clear that it would not be paying the judgment. Instead, Chevron moved its assets out of the country.
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Julian Assange, the WikiLeaks founder, was charged last year by the Trump administration in connection with the publication of secret United States government documents. On Tuesday, Glenn Greenwald, an American journalist living and working in Brazil, was charged, in a criminal complaint brought by Brazilian prosecutors, with cybercrimes in connection with his stories on private messages among Brazilian officials that revealed corruption and abuses at the highest levels of the government. The case against Mr. Greenwald is eerily similar to the Trump administration’s case against Mr. Assange. Last April, the Justice Department charged Mr. Assange with aiding a source, the former Army intelligence analyst Chelsea Manning, to gain access to a United States military computer database. In May 2019, the charges against him were broadened, and he was indicted under the Espionage Act in connection with the publication of American military and diplomatic documents by WikiLeaks. Both cases are based in part on a new prosecutorial concept — that journalism can be proved to be a crime through a focus on interactions between reporters and their sources. Prosecutors are now scrutinizing the processes by which sources obtain classified or private information and then provide it to journalists. Since those interactions today are largely electronic, prosecutors are seeking to criminalize journalism by turning to anti-hacking laws to implicate reporters in the purported criminal activity of their sources.
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[Timothy] Jackson was convicted of shoplifting and sent to Angola prison in Louisiana. That was 16 years ago. Today he is still incarcerated in Angola, and will stay there for the rest of his natural life having been condemned to die in jail. All for the theft of a jacket, worth $159. Jackson, 53, is one of 3,281 prisoners in America serving life sentences with no chance of parole for non-violent crimes. Some, like him, were given the most extreme punishment short of execution for shoplifting; one was condemned to die in prison for siphoning petrol from a truck; another for stealing tools. “It has been very hard for me,” Jackson wrote to the American Civil Liberties Union (ACLU) as part of its new report on life without parole for non-violent offenders. The ACLU's report, A Living Death, chronicles the thousands of lives ruined and families destroyed by the modern phenomenon of sentencing people to die behind bars for non-violent offences. Most of those ... inmates held on life without parole sentences were given their punishments by the federal government. More than 2,000 of the 3,281 individuals tracked down on these sentences by the ACLU are being held in the federal system. Taxpayers pay an additional $1.8bn to keep the prisoners locked up for the rest of their lives. About 65% of the prisoners identified nationwide by the ACLU are African American. Of the prisoners serving life without parole for non-violent offences nationwide, the ACLU estimates that almost 80% were for drug-related crimes.
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Immigration-related crimes now make up the majority of all federal criminal prosecutions. While laws criminalizing entry have existed since 1929, they “were largely ignored for a century,” the lawyer and scholar César Cuauhtémoc García Hernández reminds us in a new book, “Migrating to Prison: America’s Obsession with Locking Up Immigrants.” In 1975, he noted “a mere 575 people” were charged with an immigration crime; in 1993, only 2,487. Contrast that with fiscal year 2018, when prosecutors brought 105,692 federal immigration charges. The criminalization of immigration, especially the scale at which it happens now, is a relatively recent trend, Hernández argues. And it ought to be reversed. In the 1980s and ’90s, legislation introduced new levels of criminality for immigrants, which in turn expanded the population of imprisoned people. As Hernández writes, “Congress denied immigration judges the discretion to release anyone convicted of an aggravated felony,” which includes serious offenses like murder but also shoplifting and tax fraud. Detention and deportation, once decided with considerable discretion, became mandatory for all sorts of offenses. The link between mass incarceration and immigrant incarceration is clear in the legislative history: The same 1986 law that created mandatory minimum sentences for crack cocaine created “detainers,” requests to local police to hold someone in jail until they can be picked up by immigration.
Note: Detaining immigrants has become a huge industry bringing major profits to those involved. For more along these lines, see concise summaries of deeply revealing news articles on corruption in government and in the court system from reliable major media sources.
The Hamblen County Jail has been described as a dangerously overcrowded “cesspool of a dungeon,” with inmates sleeping on mats in the hallways, lawyers forced to meet their clients in a supply closet and the people inside subjected to “horrible conditions” every day. Since 2013, the number of people locked up in rural, conservative counties such as Hamblen has skyrocketed. Like a lot of Appalachia, Morristown, Tenn. ... has been devastated by methamphetamine and opioid use. Residents who commit crimes to support their addiction pack the 255-bed jail, which had 439 inmates at the end of October. While jail populations have dropped 18 percent in urban areas since 2013, they have climbed 27 percent in rural areas during that same period. Almost everyone in the county jail is there because of charges related to addiction, said the sheriff, Esco Jarnagin. Defense lawyers have proposed other options to address the crisis, including a pilot program [that] would have allowed some low-risk defendants to avoid having to post bail. But judges rejected the proposal because of fears that defendants would flee, said Willie Santana ... who is now one of four lawyers in the Hamblen County public defender’s office. “The whole system is geared toward generating pleas and putting people in jail,” he said. For many inmates, that means the jail has been a revolving door. More than three-quarters of the 850 new cases that Mr. Santana handled in the past year involved a client who had previously been incarcerated.
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For more than nine months, María, 23, has been waiting in an immigration detention center in Arizona hoping to reunite with the six-year-old niece she raised as a daughter. When the two asked for asylum at the border last March because they feared for their lives in Guatemala, border officials detained María in the Eloy detention center and sent the girl to foster care in New York, 2,400 miles away. Lawmakers and more than 200 clergy asked US Immigration and Customs Enforcement (Ice) to grant María parole so she can leave detention and reunite with the girl. A woman in New York volunteered to house them both while María awaits a decision on her appeal for asylum. But despite that public support, Ice denied María’s application for parole in mid-December. Parole was once the norm for arriving asylum seekers, but in recent years approvals have become increasingly rare. On a standardized form, Ice officers indicated María failed to prove she was “not a flight risk” or that her “continued detention was not in the public interest”. After a federal judge in 2018 ordered most family separations to end, attorneys have been scrambling to reunite families. There are currently about 5,500 known cases of children separated from parents during the Trump administration. But no one has tracked how many children have been split from non-parent relatives. The logistics of how and when María will see her niece again if she is not paroled are unclear. María’s asylum appeal could take up to two years.
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Over the last few weeks, the Rodney Reed case has ignited a firestorm of interest, as celebrities, activists, and politicians worked to delay his Nov. 20 execution on the basis that he might be innocent. According to the National Registry of Exonerations (NRE), since 1989, 2,515 men and women have been exonerated after proving their innocence. In total, among all known exonerees, Americans have shelled out a staggering $4.12 billion to incarcerate innocent men and women since 1989. That’s largely money spent on trials, and the cost of housing inmates in prison. According to the Bureau of Prisons, in the fiscal year 2017, the average cost to house a prisoner was over $36,000 a year in federal facilities. But black men make up the majority of those wrongfully convicted — approximately 49%. And since 1989, taxpayers have wasted $944 million to incarcerate black men and women that were later found to be innocent. That number climbs to $1.2 billion when including Hispanic men and women. On average, from the time a person enters the criminal justice system until they are exonerated, $1.26 million is spent per inmate who is facing the death penalty. The total sum — $4.12 billion spent on all known exonerees — also includes $2.2 billion that taxpayers have paid the innocent in compensation since 1989 for the time they were imprisoned, according to a 2018 NRE study. But while a large sum, only 44% of exonerees have ever received compensation.
Note: Read also how thousands have been sentenced to life in prison for non-violent crimes. For more along these lines, see concise summaries of deeply revealing news articles on prison system corruption from reliable major media sources.
A group of women who say they were sexually abused by Jeffrey Epstein suffered a setback Monday in their decade-long legal fight over a plea deal that allowed the financier to avoid a lengthy prison term. A federal judge in West Palm Beach, Florida, ruled that the women were not entitled to compensation from the U.S. Justice Department, even though prosecutors violated their rights by failing to consult them about the 2008 deal to end a federal probe that could have landed Epstein in prison for life. "In the end they are not receiving much, if any, of the relief they sought," U.S. District Judge Kenneth Marra wrote. Several of Epstein's victims sued the Justice Department in 2008 over their handling of his plea negotiations, in which his victims were purposely kept in the dark by state and federal prosecutors in South Florida. They kept the legal case alive for years ... arguing that prosecutors had violated the federal Crime Victims' Rights Act. The drawn-out litigation ultimately fueled a Miami Herald investigation into the plea negotiations, which in turn led to a new wave of public outrage over perceived favorable treatment for Epstein. Federal prosecutors in New York revived the case, arguing they weren't bound by the original deal, and charged Epstein with sex trafficking. Former Miami U.S. Attorney Alexander Acosta, who oversaw the plea deal, stepped down as U.S. labor secretary amid the renewed scrutiny. And Marra ruled in February that prosecutors had violated the rights of dozens of Epstein accusers.
Note: For more along these lines, see concise summaries of deeply revealing news articles on Jeffrey Epstein from reliable major media sources.
The dark secret of America’s death penalty – the blatant and intentional racial bias that infects the system, distorting juries and throwing inordinate numbers of African Americans on to death row – will be laid bare next week in North Carolina. Some of the country’s top capital lawyers will gather on Monday at the state supreme court in Raleigh. The court’s seven judges will be asked to address a simple question. Will they allow men and women to be condemned to die despite powerful evidence that prosecutors deployed racially discriminatory tactics to put them on death row? At the heart of the case are four inmates facing execution: three African American men and a Native American woman. Over the past seven years Marcus Robinson, Quintel Augustine, Tilmon Golphin and Christina Walters have been on an extraordinary judicial roller coaster that has seen them taken off death row on grounds that their sentences were racially compromised, only to be slapped back on to it following a partisan backlash by the Republican-controlled state legislature. In all four cases, a review of their trials found racial bias had been an “overwhelming” feature of how death sentences were secured. In particular, the juries had been “bleached”. Black potential jurors were systematically struck off – consciously and intentionally – at a rate far higher than their white equivalents. As a result, juries were produced that were almost exclusively, or in Augustine’s case entirely, white.
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Los Angeles has sentenced more people to death than any other county in the US, and only people of color have received the death penalty under the region’s current prosecutor, a new report shows. LA county’s district attorney, Jackie Lacey, has won death sentences for a total of 22 defendants, all people of color, and eight of them were represented by lawyers with serious misconduct charges prior or after their cases, according to a new analysis by the American Civil Liberties Union (ACLU). Lacey has also faced intense scrutiny for her refusal to prosecute police officers who kill civilians, even in the most egregious circumstances. Some key findings: In California, 222 people currently sentenced to death are from LA county. LA is one of only three counties in the country to have more than 10 death sentences from 2014 to 2018. Under Lacey’s tenure, which began in 2012, zero white defendants have been sentenced to death, and her capital punishment sentences disproportionately targeted cases involving white victims. Although 12% of homicide victims in LA county are white, 36% of Lacey’s death penalty wins involved white victims. 737 inmates [are] currently awaiting execution in California. Defense lawyers in five of the 22 cases under Lacey were suspended or disbarred, which is the most serious discipline for ethics violations, the ACLU said. The ACLU, which reviewed lawyer misconduct records, cited one particularly egregious case in which an attorney declined to make an opening statement – offering no defense at all – and then repeatedly fell asleep during the trial.
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Police are violating no “clearly established rights” when they steal someone’s property after seizing it with a legal search warrant and, therefore, can’t be sued in federal court, an appeals court ruled Wednesday. The Ninth U.S. Circuit Court of Appeals in San Francisco refused to reinstate a suit against Fresno police by two people whose homes and business were searched in 2013 during a gambling investigation. After the search, three officers signed an inventory sheet saying they had seized about $50,000. But the two owners, Micah Jessop and Brittan Ashjian, who operated automatic teller machines ... said the officers had actually taken $276,000 - $151,000 in cash and $125,000 in rare coins - and pocketed the difference. Darrell York, Jessop’s and Ashjian’s attorney, said police and a city attorney denied that a theft occurred. Even if Kumagai and his fellow officers stole money and coins from Jessop and Ashjian, the appeals court said, the owners could not sue in federal court to get their money back. Such a suit would require proof that their constitutional rights were violated, the court said, and suits against police must clear the additional hurdle of showing that those rights were “clearly established.” “The allegation of any theft by police officers - most certainly the theft of over $225,000 - is undoubtedly deeply disturbing,” Judge Milan Smith said in the 3-0 ruling. “Whether that conduct violates the Fourth Amendment’s prohibition on unreasonable searches and seizures, however, is not obvious.”
Note: Read about "civil asset forfeiture" used by police to steal money and other private property for their departments. For more along these lines, see concise summaries of deeply revealing police corruption news articles from reliable major media sources.
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