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WBAY.com: Judge dismisses Michael Gableman's lawsuit against mayors and other officials.
Milwaukee Journal Sentinel: Netflix to release Jeffrey Dahmer documentary on Oct. 7. Directed by documentary veteran Joe Berlinger, who also made the "Conversations" installments on serial killers Ted Bundy and John Wayne Gacy, the series features "never-before-heard" interviews between Dahmer and his defense team "answering open questions of police accountability through a modern-day lens." CNN: U.S. Supreme Court fence has been removed. CNN: Yeshiva University seeks U.S. Supreme Court review of order requiring it to allow LGBTQ student group. In court papers, the school says that "As a deeply religious Jewish university, Yeshiva cannot comply with that order because doing so would violate its sincere religious beliefs about how to form its undergraduate students in Torah values." Cleveland.com: Research model predicts that largest wave of opioid deaths has begun. In 2018, deaths in urban areas began spiking right alongside rural areas – and that is something that researchers had not seen before in the history of the opioid crisis. It’s also something (researcher Lori Ann) Post takes as red flag for what’s to come. “In 2018 is when it just turns straight upwards, and all different types of counties – urban and rural – they converge together for the first time in over 20 years. They all turn upwards and start to accelerate and get to their highest point ever. CNN: Secret Service Assistant Director Tony Ornato retires. Above the Law: Law firm Jones Day's MAGA practice.
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WeareGreenBay.com: Prison supervisor charged with improper sexual contact with resident at Racine Correctional Institution.
Insider: President Joe Biden's success at appointing federal judges. As of August 8, 2022, exactly 566 days into Biden's tenure, the Senate had confirmed a record-setting 75 judges nominated by Biden to federal courts, according to a tally from the Pew Research Center. CNN: Poll shows marijuana use now exceeding tobacco use. For the first time in Gallup polling, more Americans (16%) said they smoke marijuana than had smoked a tobacco cigarette (11%) in the past week. Currently/Yahoo! (Associated Press): Connecticut charging formerly incarcerated persons $249 per day of incarceration. All but two states have so-called “pay-to-stay” laws that make prisoners pay for their time behind bars, though not every state actually pursues people for the money. Supporters say the collections are a legitimate way for states to recoup millions of taxpayer dollars spent on prisons and jails. Critics say it's an unfair second penalty that hinders rehabilitation by putting former inmates in debt for life. Efforts have been underway in some places to scale back or eliminate such policies. The Atlantic: Anti-abortion supporters on collision course with First Amendment. But the laws that Republicans are now introducing in state legislatures around the country go far beyond such narrow limits on objectionable commercial speech. In South Carolina, for example, Republican legislators have recently sponsored a bill that would criminalize “providing information to a pregnant woman, or someone seeking information on behalf of a pregnant woman, by telephone, internet, or any other mode of communication regarding self-administered abortions or the means to obtain an abortion, knowing that the information will be used, or is reasonably likely to be used, for an abortion.” This law—which is modeled on draft legislation that the National Right to Life Committee is trying to get passed in many states around the country—would seriously undermine the right to free speech. It could potentially make doctors in states where abortion is actually legal liable to prosecution for discussing their services with someone who calls them from a state where abortion is illegal. It could even outlaw basic forms of speech such as news stories containing information that might be used by someone seeking an abortion. Theoretically, even this article could fall under that proscription. MSNBC: Two lawyers for Donald Trump may be in legal trouble for a statement about classified documents. According to a New York Times report published Monday, (Christina) Bobb and (Evan) Corcoran met at Mar-a-Lago with Jay Bratt, the head of the counterespionage section of the DOJ’s national security division, and some FBI agents on June 3. At some point during their visit, Bratt and the agents were given “a sheaf of classified material,” the Times reported. According to the Times: “Mr. Corcoran then drafted a statement, which Ms. Bobb, who is said to be the custodian of the documents, signed. It asserted that, to the best of her knowledge, all classified material that was there had been returned, according to two people familiar with the statement.” . . . But given the search warrant receipt — which states 11 sets of classified material were seized on Aug. 8 — the reported June statement to the DOJ, prepared by Corcoran and signed by Bobb, was false. And that’s where some potential trouble begins for them — and for Trump — even in the best-case scenario. Law & Crime: Former high school athlete's First Amendment claims against school district dismissed, but claims against coaches remain, for forcing him to eat pepperoni as punishment. He claims that although his coaches knew he did not eat pork products on the basis of his religion, they “ordered” him to consume an entire pepperoni pizza as a punishment for missing a workout due to a shoulder injury. NPR: Redacted affidavit for Mar-a-Lago search released.
Reuters: Federal judge in Milwaukee denies request to sanction attorney Sidney Powell for 2020 election challenge. U.S. District Judge Pamela Pepper in Milwaukee ruled that she no longer had jurisdiction over the case, and that sanctions would not be appropriate because she had quickly dismissed Powell's lawsuit before delving into the merits of her claims. Milwaukee Journal Sentinel: Former Milwaukee alderwoman Chantia Lewis gets three years of probation with 30 days in jail. Lewis was removed from office in July after pleading guilty to a count of misconduct in public office and no contest to a count of intentionally accepting an illegal campaign finance disbursement. Prosecutors said she took at least $21,666 in campaign funds and false travel reimbursements from the city between 2016 and 2020. WisPolitics.com: ACLU of Wisconsin issues report on immigration enforcement in state, noting local and federal coordination. Between 2016 and 2020, Wisconsin’s biggest local sheriff beneficiary of SCAAP (State Criminal Alien Assistance Program) funding was Dane County, which collected more than $634,000 for handing information over to ICE (federal Immigration and Customs Enforcement). Although Walworth County has a much smaller immigrant population, it received the second highest SCAAP payout. “ICE is continuing to work to build and strengthen its deportation pipeline despite the change in administration in Washington. It is xenophobic and racist to contact ICE every time a foregin (sic) born person enters your jail as some sheriff departments do. And the federal government is continuing to incentivize this kind of behavior by dangling millions in SCAAP funding in front of local sheriffs,” said Tim Muth, a staff attorney at the ACLU of Wisconsin. “The local sheriffs who are willing collaborators with ICE are betraying immigrants who live in their counties by inviting the threat of ICE and the prospect of deportation into their lives.” NPR: Federal judge holds that virtual scan of room before online test was an unconstitutional search by public university. Aaron Ogletree, a chemistry student, sat for a test during his spring semester last year. Before starting the exam, he was asked to show the virtual proctor his bedroom. He complied, and the recording data was stored by one of the school's third-party proctoring tools, Honorlock, according to the ruling documents. NPR: Seventh Circuit Judge Diane Wood talks favorably about term limits for federal judges and justices. Currently/Yahoo!: Paul Newman's daughters sue Newman's Own Foundation over donations. Susan Kendall Newman, who lives in Oregon, and Nell Newman, of California, worry the foundation is setting the stage to completely remove them from having any say in how some of profits from Newman's Own products are donated to charities. They also accused the foundation of “contradicting” their father's wishes and intentions for years. Slate: Predicting legal challenges to student-debt relief. Going by the plain language of the law alone, Biden’s plan is likely legal. Sure, it’s probably not how Congress envisioned the Heroes Act functioning. But the program fits into the text that Congress actually passed. These days, however, the Supreme Court no longer uses textualism to assess administrative actions. Instead, it asks whether a federal program involves a “major question”—which just means anything five justices deem a big deal. When handling a “major question,” the court demands an explicit grant of authority from Congress, even if existing law appears to permit the program already. As Justice Elena Kagan put it, the “major questions doctrine” serves as a “get-out-of-text-free” card that can “magically appear” whenever it serves the conservative majority’s “broader goals.” (Specifically, the dismantlement of the administrative state.) Milwaukee Journal Sentinel: Federal judge expects to issue order next week on disabled voters receiving help for ballot delivery.
(U.S. District Judge James) Peterson said Wednesday in a hearing in the lawsuit that he expects to issue an order by Sept. 2 that will address differences in state and federal law that make it unclear whether voters who are unable to return or mail their own ballot can select someone else to do so for them. Milwaukee Journal Sentinel: Jacob Blake's uncle files federal civil rights lawsuit. Justin Blake's federal lawsuit lists as respondents Kenosha County, Sheriff David Beth and several deputies, some of whom aren't identified by name. It claims violations of Blake's right to free speech, excessive force and detention and other causes of action. Politico: Biden administration issues new rule to protect Deferred Action for Childhood Arrivals (DACA) program. Sen. Dick Durbin (D-Ill.), who has long pushed for a pathway to citizenship for Dreamers, was quick to applaud the Department of Homeland Security’s issuing the rule. He noted that it provides “some stability to DACA recipients and make[s] it more difficult for a future administration to rescind DACA, which is a lawful exercise of prosecutorial discretion.” “However, this rule cannot provide permanent legal status or fully protect DACA recipients from relentless Republican legal challenges to the program,” Durbin said. “Only Congress can protect them.” Law & Crime: The legal basis for Biden administration's plan to forgive student-loan debt. Wired: Now is the time to protect democracy with laws reigning in mass surveillance. One of the primary tools authoritarian leaders around the world use to control their citizens is mass surveillance. Neil Richards, a law professor at Washington University in St. Louis, says Congress needs to pass legislation that protects the privacy of Americans so existing surveillance mechanisms can no longer be abused. “We need a robust federal privacy law, we need robust enforcement mechanisms, we need to somehow rein in the commercial surveillance apparatus because that’s a key component in authoritarian regimes. … They co-opt the existing cameras and sensors,” Richards says. “It used to be that it would be a fascist’s dream to have a camera and a speaker in every home, and of course, we did it to ourselves.” Daily Journal (Tupelo, MS): Federal court of appeals upholds Mississippi law disenfranchising 10% of voters. Framers of Mississippi’s 1890 Constitution said the law was designed to prevent Black citizens from voting by targeting crimes they were believed to commit. . . . Opponents of constitutional provisions for years have pointed out what they view as the hypocritical nature of how the constitutional provision is realistically applied in the criminal justice system. A person convicted of distributing child pornography, for example, can continue to vote in Mississippi’s elections. But a person convicted of writing a bad check can have their voting rights taken away for life. Fox 6: Eight individuals sue Wisconsin over lack of appointed counsel.
(The plaintiffs) allege they've been waiting for weeks for representation. Antrell Thomas, one of the plaintiffs, alleged that he has been held in the La Crosse County Jail since last August, when he was confined on charges of drug possession, according to the jail’s website. He has yet to receive a court-appointed lawyer. The lawsuit seeks judicial orders denoting the lawsuit as a class action and requiring the state to assign attorneys to indigent defendants within 14 days of their initial court appearance. Spectrum News 1: Madison ordinance requiring bird-friendly glass survives legal challenge. (The ordinance) requires buildings that are more than 10,000 square feet to incorporate a pattern, such as dots or lines, to prevent birds from colliding with the glass. Milwaukee Journal Sentinel: Republican legislators move to dismiss lawsuit challenging 1849 abortion ban. CBS: Judge refuses to block ghost gun regulations. Beginning August 24, commercial manufacturers of ghost gun assembly kits will be required to include serial numbers. Sellers will also need to be federally licensed, run background checks before selling a homemade gun kit and keep records of the purchases for as long as they are in business. The current rule allows sellers to purge records after 20 years. Slate: Leonard Leo's infrastructure and plans to reshape America through its judiciary and legislatures. The $1.6 billion donation reported by the Times this week will supercharge Leo’s empire. On the tax form published this week by the Times, Leo had described the mission of his new Marble Freedom Trust as a project “to maintain and expand human freedom consistent with the values and ideals set forth in the Declaration of Independence and the Constitution of the United States.” The freedoms he is touting here have primarily served to make the wealthy more wealthy, and efforts at vote suppression more robust. People can debate whether or not the funds transferred to Leo were strictly legal or not, but that debate entirely misses the point: No one person should have this much say in the makeup of the judicial branch or in the theories these judges entertain and then enshrine in law. But the dark money and election restrictions ensure that it’s Leonard Leo’s world and we all just live in it. They should be seen for what they are: Mechanisms that will entrench that world for some time to come. ABC: California Senate passes bill to limit use of rap lyrics as evidence in criminal cases. According to the bill, the legislation seeks to "ensure that the use of an accused person's creative expression will not be used to introduce stereotypes or activate bias against the defendant, nor as character or propensity evidence." BBC: Former officer pleads guilty to falsifying arrest warrant that led to Breonna Taylor's death. WisPolitics: Ozaukee County judge says complainant must be included in settlement negotiations regarding Cedarburg schools racial harassment case.
The ACLU of Wisconsin applauded a judge’s ruling last week that the Wisconsin Department of Public Instruction and Cedarburg School District were wrong to attempt to settle a racial harassment case without the input of the family impacted by the harassment. . . . “This ruling is a victory for students and families, and it is a win for transparent government,” said Elisabeth Lambert, Equal Justice Works Fellow with the ACLU of Wisconsin and attorney on the case. “Students impacted by discrimination have a right to participate fully in the legal proceedings that arise from their experiences. The other parties were wrong to sideline my client in this way.” CNN: Immigration and Customs Enforcement phones wiped of data per Trump-administration rules. "We cannot stand by as agency after agency admits that it destroys public records," said Heather Sawyer, executive director at American Oversight, in a statement. "Text messages often contain crucial information on what federal employees are doing and why they are doing it. The obligation to retain these records is not optional — it is the law." Electronic Frontier Foundation: Federal government releases previously classified rulings from the secretive Foreign Intelligence Surveillance Court. The seven newly released opinions and orders are heavily redacted, but they reveal new details about the FISC’s resolution of several different legal and technical questions, which often resulted in the court approving new ways for the government to access people’s private data. NPR: Jury convicts two men of conspiring to kidnap Michigan Gov. Gretchen Whitmer. ABA Journal: Dissenting judge in federal Second Circuit Court of Appeals case criticizes New York attorney general's office. (Circuit Judge Dennis) Jacobs contended that the attorney general’s office knew from state appellate opinions that (Terrence Sandy) McCray was denied the right to defend himself but “labors hard to maintain the advantage.” As a result, he said, the defendant still hasn’t been provided the opportunity to review documents that could acquit him in his case. “This is a sinister abuse,” Jacobs said. “The last-ditch defense of such a conviction by the attorney general is disreputable. Were I a lawyer for the state, I would not have been able to sign the brief it filed on this appeal.” WABE (NPR): The risk of reincarceration with little warning for those released from prison during COVID pandemic. This week, the Bureau of Prisons told NPR that 442 people who were released during the pandemic have now returned to prison. Only 17 people out of more than 11,000 who were released committed new crimes, mostly drug related ones, while they were out. More than half, some 230 people including Eva Cardoza, got sent back for alleged alcohol or drug use. Other cases involved technical violations. Milwaukee Journal Sentinel: Legal Action of Wisconsin receives grant to provide legal assistance to low-income individuals facing debt collectors.
Milwaukee Journal Sentinel: Former Racine council member discloses city's settlement offer in open records case. Wisconsin Department of Justice: Wisconsin attorney general signs on to amicus brief defending Indian Child Welfare Act (ICWA). ICWA is a critical framework for managing state-tribal relations, protecting the rights of Native American children, and preventing the unwarranted displacement of Native American children from their families and tribal communities. Politico: Record archiving and disclosure rules don't apply to the U.S. Supreme Court. The executive branch is subject to detailed rules laying out what work product must be preserved, when and how it must be released to the general public, and — as Donald Trump has unhappily learned — what happens to officials who don’t play ball. Not so for justices. (Retired Justice Stephen) Breyer, if he so chose, could toss his papers in a bonfire, auction them to the highest bidder, or ship them all to Mar-a-Lago for safekeeping. He could also hold onto them and pick and decide for himself just who gets to take a peek, ensuring that only ideologically friendly types can use the material for books and articles. In his will, he could appoint an executor to continue to enforce whatever standards he sees fit for decades or centuries to come. It’s none of your business. Vox: Summaries of the four major investigations involving Donald Trump. Associated Press: Federal appeals court rules that former attorney general William Barr improperly withheld memo about Robert Mueller's Russia probe. Quartz: Incarcerated people should receive monkeypox vaccinations ASAP. So far, only one case of monkeypox has been confirmed in a prison or jail, at Cook County Jail in Chicago, the same jail system that was one of the largest known sources of covid infections for incarcerated people in the country. More suspected cases have emerged, and like in the general population, it is likely that many cases are escaping detection because of a lack of widespread testing. Still, the absence of large outbreaks in prisons should be taken as an opportunity to prevent the spread in what could be big sites of infection, not as a sign that inmates aren’t at risk. The Guardian: In New York, a call for parole reforms and better medical care for seniors in prison. “Val was given Pepto-Bismol when she went to the nurse’s office. Pepto-Bismol for cancer.” At a rally this month, family members and friends of Valerie Gaiter, widely known as Val, as well as campaigners gathered to demand better medical care for those incarcerated and more parole opportunities, especially for elderly populations. The Trace: State laws aiming to hold gun manufacturers accountable for gun violence. In the last year, legislators in California, Delaware, New Jersey, and New York have passed laws that require gun companies to impose “reasonable controls” on their distribution chains and more carefully monitor how and where they sell firearms. Their greater significance, however, may lie in setting the stage for governments and private citizens to sue gunmakers by exploiting a narrow exception in PLCAA (the federal Protection of Lawful Commerce in Arms Act). If successful, such suits could mark the first time in nearly 20 years that gun companies have faced accountability in court for careless sales practices, and reshape how the firearms industry distributes guns to the American public. Don't forget to vote! It's primary election day. For info on the candidates for Milwaukee County sheriff and clerk of circuit court, see the videos of our candidate forums HERE (sheriff candidates) and HERE (clerk of court candidates).
Associated Press: Hate-crime life sentences for two men who killed Ahmaud Arbery. U.S. District Court Judge Lisa Godbey Wood handed down the sentences against Travis McMichael, 36, and his father, Greg McMichael, 66, reiterating the gravity of the February 2020 killing that shattered their Brunswick community. William “Roddie” Bryan, 52, who recorded cellphone video of the slaying, was sentenced to 35 years in prison. “A young man is dead. Ahmaud Arbery will be forever 25. And what happened, a jury found, happened because he’s Black,” Wood said. Reuters: Biden administration moving to end "remain in Mexico" policy. Several thousand migrants forced to wait in Mexico under a Trump-era program gradually will be allowed to enter the United States to pursue their asylum claims in coming weeks and months, the U.S. Department of Homeland Security (DHS) said on Monday. NBC: FBI search Donald Trump's home for classified documents. “These are dark times for our Nation, as my beautiful home, Mar-A-Lago in Palm Beach, Florida, is currently under siege, raided, and occupied by a large group of FBI agents,” Trump said in a lengthy email statement issued by his Save America political committee. Washington Monthly: Why is the U.S. Department of Justice still siding with fossil fuel companies in litigation? The DOJ under Trump put the government on record opposing the plaintiffs. But the department could change course. That would require Garland, who critics say is hampered by timidity and adherence to old norms, to do an about-face. The Biden administration’s silence in these cases is exasperating for the plaintiffs, given Biden’s explicit pledge to support such suits. Slate: Did the verdict against Alex Jones have meaning if he continues to broadcast? Of course, any expectation that any given legal proceeding—such as the Mueller probe, Trumps two impeachments, and even the very effective Jan. 6 committee hearings—might lift us out of the misinformation quagmire in which we find ourselves has proven again and again to be too fanciful. But unlike those other proceedings, the Alex Jones trial offered one important thing: It forced Jones to inhabit the same space as his victims, to at least pretend to listen to them and to feign respect for a judge. It showed us all what a genuine encounter with the “other side”—a side that couldn’t be dismissed, threatened, and insulted with impunity, at least just this once—actually looks like. Thin gruel in the grand scheme of post truth, maybe, but still instructive and illuminating in the extreme. Marijuana Moment: DOJ argues in gun rights case that medical marijuana users are too dangerous to trust with guns. Milwaukee Journal Sentinel: Unsealed federal complaint alleges City of Milwaukee planned "containment zones" of poor people.
"Within these containment zones, building codes and zoning ordinances are not enforced, blight and slums are the norm, and crime is permitted. Law enforcement contains the crime rather than stops the crime," the complaint states. They accuse the city and Milwaukee County of violating federal anti-discrimination laws in addition to state and local safe housing laws while claiming to be in compliance in order to receive federal funds. Urban Milwaukee: Gov. Tony Evers issues 49 pardons. Foundation for Economic Education: Economic benefits of criminal-justice reform. According to the Center for American Progress, criminal recidivism reduces annual GDP by $65 billion a year. Moving to a less punitive criminal justice system in which prisoners have access to more educational and job-training opportunities would reduce recidivism, and, by expanding the labor force, boost the economy. Furthermore, removing occupational licensing laws that prevent ex-criminals from entering certain professions would help accelerate economic reintegration. LawFare: Thoughts on the U.S. Supreme Court's case restricting the Environmental Protection Agency. In 1970, Sen. Roman Hruska of Nebraska achieved a dubious immortality when he argued that mediocrity deserves “a little representation” on the Supreme Court in remarks supporting the failed nomination of G. Harrold Carswell. Were he alive today, Hruska could say, “Mission accomplished.” A reading of the Court’s opinion in West Virginia v. Environmental Protection Agency (EPA) in June provides abundant evidence of ignorance, bad faith, and, yes, mediocrity in the arguments presented in limiting the EPA’s authority. Despite all that, thanks to a sea change in the economy, the Court’s decision may have only a minor impact on efforts to reduce greenhouse gas emissions in the United States. It could, however, hurt international efforts to coordinate action on climate change. Associated Press: Jury hits Alex Jones with $45.2 million in punitive damages for his lies about the Sandy Hook Elementary School massacre. It could be a while before the plaintiffs collect anything. Jones’ lead attorney, Andino Reynal, told the judge he will appeal and ask the courts to drastically reduce the size of the verdict. After the hearing, Reynal said he thinks the punitive amount will be reduced to as little as $1.5 million. ’We think the verdict was too high. ... Alex Jones will be on the air today, he’ll be on the air tomorrow, he’ll be on the air next week. He’s going to keep doing his job holding the power structure accountable.” Above the Law: Harsh sentences for marijuana occur not just in Russia, but here at home, too. Everything about what’s happening to Brittney Griner is wrong, but don’t let the fact that a terrorist regime is trying to make an example out of her give you a false sense of moral superiority. An ounce and a half of pot has a man in prison without the possibility of parole for the rest of his life in the United States of America in 2022! Marijuana Moment: Federal government to fund study on how concentration of marijuana compounds in breath changes over time. Despite numerous efforts in the past decade to design and manufacture a device that works like a breathalyzer does for alcohol, there still exists no broadly accepted method to detect acute cannabis use in the field. Madison.com: U.S. Senate committee plans Bureau of Prisons oversight hearing after BOP keeps embattled former director on as an adviser. Sen. Dick Durbin, D-Ill., who demanded Michael Carvajal be fired last November amid myriad failings, told the AP in a statement he was dismayed by continuing misconduct within the agency and by its unwillingness to completely cut ties with the former director. Milwaukee Journal Sentinel: Severe staffing shortages at the Milwaukee County Jail cause dangerous conditions for residents and low morale for staff.
David Aumann, 66, said he spent nearly 40 hours in central booking after his electronic monitoring bracelet ran out of battery in May. He said he was packed in a "bullpen" room with roughly 70 other individuals — mostly without masks — awaiting placement in the jail. While some people tried sleeping on the floor, he tried cat-napping while leaning against the wall. "They're overbooked at that place," he told the Journal Sentinel. "There are no places to get any sleep. It's filthy." Milwaukee Journal Sentinel: Germantown School board wants to allow staff to carry firearms in schools. Esquire: FBI director admits that tip-line info on Brett Kavanaugh during confirmation process was simply forwarded to the White House without investigation. Cyberscoop: Senator says federal courts are not adequately securing Americans' personal information found in court filings. Associated Press: Four police officers charged with federal civil rights crimes in death of Breonna Taylor. Reuters: Jury finds that Alex Jones liable for $4 million in damages for Sandy Hook falsehoods. The 12-person jury will next consider the parents’ request for punitive damages from Jones for spreading falsehoods about the killing of 20 children and six staff at Sandy Hook Elementary School in Newtown, Connecticut, on Dec. 14, 2012. |
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