#prosecutors — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #prosecutors, aggregated by home.social.
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https://www.fogolf.com/1252473/tiger-woods-lawyer-and-prosecutors-are-set-to-argue-over-prescription-records-in-florida-dui-case/ Tiger Woods’ lawyer and prosecutors are set to argue over prescription records in Florida DUI case #DougDuncan #DrivingUnderTheInfluence #MartinCounty #PalmBeachCounty #PrescriptionDrug #prosecutors #TigerWoods
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https://www.fogolf.com/1252473/tiger-woods-lawyer-and-prosecutors-are-set-to-argue-over-prescription-records-in-florida-dui-case/ Tiger Woods’ lawyer and prosecutors are set to argue over prescription records in Florida DUI case #DougDuncan #DrivingUnderTheInfluence #MartinCounty #PalmBeachCounty #PrescriptionDrug #prosecutors #TigerWoods
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"#officers cuffed her, struggling comically to stuff the oversized #erection into a #SquadCar." "Body camera footage quickly went viral."
#Prosecutors call her husband, to #testify he had #bail money ready, implying that they planned to break the law. "I always make sure we got bail money." [laughs from the gallery] Then adds: "Whenever there are this many #cops around I have #BailMoney on me.” [more laughs; 16 uniformed #cops stand against the walls]
A #hard #decisionhttps://www.courthousenews.com/penis-costume-protester-prevails-in-court/
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King County Prosecutors charge 33 people with trespassing for UW IEB occupation
https://misryoum.com/us/trending/king-county-prosecutors-charge-33-people-with-trespassing/
SEATTLE — The King County Prosecutor’s Office has charged 33 people with criminal trespass related to the occupation of the Interdisciplinary Engineering Building at the University of Washington, but stopped short of accusing anyone of vandalism and the destruction inside.The...
#King #County #Prosecutors #charge #people #with #trespassing #for #IEB #occupation #US_News_Hub #misryoum_com
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Because it's in the #news lately with a couple things, in case anyone doesn't understand...
The reason why #prosecutors (and on some level #defense #lawyers) are not supposed to have ulterior motivations for or against any of the involved parties is because, while they are supposed to argue the case to the best of their ability, their primary obligation is to the #law and the #judicial process. A prosecutor is not, for example, supposed to find ways to get around the #defendent's right to defend themself, especially not by witholding evidence as the #DA did in the Rust movie set shooting accident case. Yes, there is oversight, and yes, there are consequences including being disbarred, but the first line of defense against misconduct is that lawyers are supposed to avoid getting themselves into cases where they might be tempted to break the law.
Yes, they break this all the time, but this is how it's supposed to work.
If you see something about a #prosecutor being biased against a defendent, that's why.
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Because it's in the #news lately with a couple things, in case anyone doesn't understand...
The reason why #prosecutors (and on some level #defense #lawyers) are not supposed to have ulterior motivations for or against any of the involved parties is because, while they are supposed to argue the case to the best of their ability, their primary obligation is to the #law and the #judicial process. A prosecutor is not, for example, supposed to find ways to get around the #defendent's right to defend themself, especially not by witholding evidence as the #DA did in the Rust movie set shooting accident case. Yes, there is oversight, and yes, there are consequences including being disbarred, but the first line of defense against misconduct is that lawyers are supposed to avoid getting themselves into cases where they might be tempted to break the law.
Yes, they break this all the time, but this is how it's supposed to work.
If you see something about a #prosecutor being biased against a defendent, that's why.
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Because it's in the #news lately with a couple things, in case anyone doesn't understand...
The reason why #prosecutors (and on some level #defense #lawyers) are not supposed to have ulterior motivations for or against any of the involved parties is because, while they are supposed to argue the case to the best of their ability, their primary obligation is to the #law and the #judicial process. A prosecutor is not, for example, supposed to find ways to get around the #defendent's right to defend themself, especially not by witholding evidence as the #DA did in the Rust movie set shooting accident case. Yes, there is oversight, and yes, there are consequences including being disbarred, but the first line of defense against misconduct is that lawyers are supposed to avoid getting themselves into cases where they might be tempted to break the law.
Yes, they break this all the time, but this is how it's supposed to work.
If you see something about a #prosecutor being biased against a defendent, that's why.
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Because it's in the #news lately with a couple things, in case anyone doesn't understand...
The reason why #prosecutors (and on some level #defense #lawyers) are not supposed to have ulterior motivations for or against any of the involved parties is because, while they are supposed to argue the case to the best of their ability, their primary obligation is to the #law and the #judicial process. A prosecutor is not, for example, supposed to find ways to get around the #defendent's right to defend themself, especially not by witholding evidence as the #DA did in the Rust movie set shooting accident case. Yes, there is oversight, and yes, there are consequences including being disbarred, but the first line of defense against misconduct is that lawyers are supposed to avoid getting themselves into cases where they might be tempted to break the law.
Yes, they break this all the time, but this is how it's supposed to work.
If you see something about a #prosecutor being biased against a defendent, that's why.
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Because it's in the #news lately with a couple things, in case anyone doesn't understand...
The reason why #prosecutors (and on some level #defense #lawyers) are not supposed to have ulterior motivations for or against any of the involved parties is because, while they are supposed to argue the case to the best of their ability, their primary obligation is to the #law and the #judicial process. A prosecutor is not, for example, supposed to find ways to get around the #defendent's right to defend themself, especially not by witholding evidence as the #DA did in the Rust movie set shooting accident case. Yes, there is oversight, and yes, there are consequences including being disbarred, but the first line of defense against misconduct is that lawyers are supposed to avoid getting themselves into cases where they might be tempted to break the law.
Yes, they break this all the time, but this is how it's supposed to work.
If you see something about a #prosecutor being biased against a defendent, that's why.
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Tokyo police are planning to refer members of a powerhouse high school baseball team to prosecutors on charges including making a female student send obscene images. https://www.japantimes.co.jp/news/2026/02/12/japan/crime-legal/japan-high-school-ballplayers-child-pornography/?utm_medium=Social&utm_source=mastodon #japan #crimelegal #japanesepolice #mpd #prosecutors #schools #students #baseball #childporn
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At one point, Gregory Bovino, the #BorderPatrol leader who was the face of the admin’s #immigration crackdown in #LosAngeles, #Chicago & #Minneapolis, called federal #prosecutors, pressing them to charge #demonstrators with #crimes. When a prosecutor asked what the operation’s end goal was, several people familiar with the call recalled #Bovino saying that he did not intend to “calm it down,” but instead, he said, “We’re going to put it down.”
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At one point, Gregory Bovino, the #BorderPatrol leader who was the face of the admin’s #immigration crackdown in #LosAngeles, #Chicago & #Minneapolis, called federal #prosecutors, pressing them to charge #demonstrators with #crimes. When a prosecutor asked what the operation’s end goal was, several people familiar with the call recalled #Bovino saying that he did not intend to “calm it down,” but instead, he said, “We’re going to put it down.”
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At one point, Gregory Bovino, the #BorderPatrol leader who was the face of the admin’s #immigration crackdown in #LosAngeles, #Chicago & #Minneapolis, called federal #prosecutors, pressing them to charge #demonstrators with #crimes. When a prosecutor asked what the operation’s end goal was, several people familiar with the call recalled #Bovino saying that he did not intend to “calm it down,” but instead, he said, “We’re going to put it down.”
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At one point, Gregory Bovino, the #BorderPatrol leader who was the face of the admin’s #immigration crackdown in #LosAngeles, #Chicago & #Minneapolis, called federal #prosecutors, pressing them to charge #demonstrators with #crimes. When a prosecutor asked what the operation’s end goal was, several people familiar with the call recalled #Bovino saying that he did not intend to “calm it down,” but instead, he said, “We’re going to put it down.”
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At one point, Gregory Bovino, the #BorderPatrol leader who was the face of the admin’s #immigration crackdown in #LosAngeles, #Chicago & #Minneapolis, called federal #prosecutors, pressing them to charge #demonstrators with #crimes. When a prosecutor asked what the operation’s end goal was, several people familiar with the call recalled #Bovino saying that he did not intend to “calm it down,” but instead, he said, “We’re going to put it down.”
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…As #DOJ officials pushed back against suggestions that a #CivilRights investigation was in order in the days after Ms. Good’s death, clashes between #Minnesota residents & #immigration agents escalated. Some #prosecutors were met with resistance when they urged supervisors to open investigations into reports of #assaults & #abuses by #federal agents. The DOJ also blocked the MN Bureau of Criminal Apprehension from taking part in investigating Good’s killing, adding to prosecutors’ frustrations.
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They are awaiting the result of 2 internal inquiries by #DHS investigators with the #FBI….
In the interim, #PamBondi & #ToddBlanche have tried to refocus public attention on the aggressive tactics of demonstrators. They have also pushed #prosecutors & the FBI to turn up the heat on critics of the #immigration crackdown: #politicians, #protesters, even #relatives of the #victims.
#Trump #law #MafiaState #tyranny #RightToProtest #CivilRights #UseOfForce #ICE #CBP #StateSponsoredTerrorism
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When a #shooting victim then dies, penalties in #Minnesota for failing to aid the injured person can involve up to 2 yrs imprisonment.
In l #AlexPretti’s case, the #obstruction of key #evidence-gathering steps gives #state #prosecutors another potent opening, especially because #ICE agents acted in overt defiance of a #judicial #warrant. Minnesota has a #criminal #ObstructionOfJustice statute that applies to situations in which someone prevents officers from carrying out official duties.
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City Prosecutors Join Forces to Bring Charges Against #FederalAgents
9 progressive #prosecutors from cities around the country are launching a coalition to assist in prosecuting federal law enforcement officers who violate #state #laws, one of the prosecutors, Larry Krasner in Philadelphia, said Tues.
#law #FAFO #federalism #10thAmendment #FederalGovernment #Trump #MafiaState #authoritarianism #autocracy #despotism #dictatorship #fascism #tyranny #MadKing
https://www.nytimes.com/2026/01/27/us/prosecutors-charges-against-federal-agents.html?unlocked_article_code=1.H1A.wZbM.U_sYBDJs6yu9&smid=nytcore-ios-share -
Prosecutors Flee DOJ After Being Told To Investigate The Murdered Woman, Not The Murderer
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‘Dances with Wolves’ actor Nathan Chasing Horse disrupts court week before sex abuse trial
LAS VEGAS (AP) — Nathan Chasing Horse, the former “Dances with Wolves” actor accused of sexual abuse, was…
#NewsBeep #News #US #USA #UnitedStates #UnitedStatesOfAmerica #Celebrities #ChasingHorse #CraigMueller #DancesWithWolves #defenseattorney #Entertainment #JessicaPeterson #lasvegas #NathanChasingHorse #prosecutors #sexualabuse
https://www.newsbeep.com/us/391126/ -
‘Dances with Wolves’ actor Nathan Chasing Horse disrupts court week before sex abuse trial
LAS VEGAS (AP) — Nathan Chasing Horse, the former “Dances with Wolves” actor accused of sexual abuse, was…
#NewsBeep #News #US #USA #UnitedStates #UnitedStatesOfAmerica #Celebrities #ChasingHorse #CraigMueller #DancesWithWolves #defenseattorney #Entertainment #JessicaPeterson #lasvegas #NathanChasingHorse #prosecutors #sexualabuse
https://www.newsbeep.com/us/391126/ -
Looking at #HammvSmith, the wild #SupremeCourt case in which #Alabama is desperate to give the #DeathPenalty to someone who their own #courts found #IntellectuallyDisabled, despite it violating the #8thAmendment of the #constitution according to many past rulings. Alabama argues that his #IQtest scores range between 72 and 78, above the limit of 70. Defense counters that experts agree that #IQ is a flawed measure, that he has issues that aren't going to show on IQ tests, and that 72 is so low that the margin of error would reach below 70.
Meanwhile, the courts found multiple times that he was not competent for #execution, and let's be really honest here, everyone, even the #prosecutors, think he is #MentallyDisabled. This feels to me like #DoubleJeopardy and nitpicking: the courts already said he didn't meet the standard of #competence, and the #prosecutor is basically asking the supreme #court to have lower courts ignore facts whenever a state wants to kill people.
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Looking at #HammvSmith, the wild #SupremeCourt case in which #Alabama is desperate to give the #DeathPenalty to someone who their own #courts found #IntellectuallyDisabled, despite it violating the #8thAmendment of the #constitution according to many past rulings. Alabama argues that his #IQtest scores range between 72 and 78, above the limit of 70. Defense counters that experts agree that #IQ is a flawed measure, that he has issues that aren't going to show on IQ tests, and that 72 is so low that the margin of error would reach below 70.
Meanwhile, the courts found multiple times that he was not competent for #execution, and let's be really honest here, everyone, even the #prosecutors, think he is #MentallyDisabled. This feels to me like #DoubleJeopardy and nitpicking: the courts already said he didn't meet the standard of #competence, and the #prosecutor is basically asking the supreme #court to have lower courts ignore facts whenever a state wants to kill people.
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Looking at #HammvSmith, the wild #SupremeCourt case in which #Alabama is desperate to give the #DeathPenalty to someone who their own #courts found #IntellectuallyDisabled, despite it violating the #8thAmendment of the #constitution according to many past rulings. Alabama argues that his #IQtest scores range between 72 and 78, above the limit of 70. Defense counters that experts agree that #IQ is a flawed measure, that he has issues that aren't going to show on IQ tests, and that 72 is so low that the margin of error would reach below 70.
Meanwhile, the courts found multiple times that he was not competent for #execution, and let's be really honest here, everyone, even the #prosecutors, think he is #MentallyDisabled. This feels to me like #DoubleJeopardy and nitpicking: the courts already said he didn't meet the standard of #competence, and the #prosecutor is basically asking the supreme #court to have lower courts ignore facts whenever a state wants to kill people.
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Looking at #HammvSmith, the wild #SupremeCourt case in which #Alabama is desperate to give the #DeathPenalty to someone who their own #courts found #IntellectuallyDisabled, despite it violating the #8thAmendment of the #constitution according to many past rulings. Alabama argues that his #IQtest scores range between 72 and 78, above the limit of 70. Defense counters that experts agree that #IQ is a flawed measure, that he has issues that aren't going to show on IQ tests, and that 72 is so low that the margin of error would reach below 70.
Meanwhile, the courts found multiple times that he was not competent for #execution, and let's be really honest here, everyone, even the #prosecutors, think he is #MentallyDisabled. This feels to me like #DoubleJeopardy and nitpicking: the courts already said he didn't meet the standard of #competence, and the #prosecutor is basically asking the supreme #court to have lower courts ignore facts whenever a state wants to kill people.
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#Trump #DOJ and his novice #prosecutor #LindseyHalligan in late night filing, effectively admit fatal “errors” in how Halligan Former #FBI Director #JamesComey “edited” after #GrandJury left for the day by a “coordinator”, that there was no required transcript of her interaction with grand jurors, and that the purported indictment was never seen by the grand jury to vote on it. #justice #courts #government #corruption #ruleoflaw #prosecutors #law #politics #legal #prosecution #revenge #malice
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Thursday, November 13, 2025
SBU exposes Russian agent from Crimea planning terrorist attacks on Kyiv metro and mall -- Ukraine's Special Forces confirm 'successful fire attack' on Russia's Stavrolen petrochemical plant -- Zelensky to impose sanctions against close associate following large-scale corruption probe -- Ukraine withdraws from positions near another settlement in Zaporizhzhia Oblast amid ongoing Russian offensive ... and morehttps://activitypub.writeworks.uk/2025/11/thursday-november-13-2025/
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Thursday, November 13, 2025
SBU exposes Russian agent from Crimea planning terrorist attacks on Kyiv metro and mall -- Ukraine's Special Forces confirm 'successful fire attack' on Russia's Stavrolen petrochemical plant -- Zelensky to impose sanctions against close associate following large-scale corruption probe -- Ukraine withdraws from positions near another settlement in Zaporizhzhia Oblast amid ongoing Russian offensive ... and morehttps://activitypub.writeworks.uk/2025/11/thursday-november-13-2025/
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Thursday, November 13, 2025
SBU exposes Russian agent from Crimea planning terrorist attacks on Kyiv metro and mall -- Ukraine's Special Forces confirm 'successful fire attack' on Russia's Stavrolen petrochemical plant -- Zelensky to impose sanctions against close associate following large-scale corruption probe -- Ukraine withdraws from positions near another settlement in Zaporizhzhia Oblast amid ongoing Russian offensive ... and morehttps://activitypub.writeworks.uk/2025/11/thursday-november-13-2025/
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Thursday, November 13, 2025
SBU exposes Russian agent from Crimea planning terrorist attacks on Kyiv metro and mall -- Ukraine's Special Forces confirm 'successful fire attack' on Russia's Stavrolen petrochemical plant -- Zelensky to impose sanctions against close associate following large-scale corruption probe -- Ukraine withdraws from positions near another settlement in Zaporizhzhia Oblast amid ongoing Russian offensive ... and morehttps://activitypub.writeworks.uk/2025/11/thursday-november-13-2025/
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From #LizOyer @[email protected]
To understand how badly #Trump is damaging our #justice system, you must understand what he is doing with US #Attorneys—the top federal #prosecutors across the country. I explain, including the recent firing of #EricSiebert in #Virginia (over his refusal to prosecute Trump’s enemies) and his replacement with #LindseyHalligan— an insurance lawyer with no prosecuting experience.
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Donald Trump’s Firing of a Federal Prosecutor Crosses the Reddest of Lines
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2-) #Maxwell’s bitter and mocking swipes at #VirginiaGiuffre have a history. Giuffre’s #defamation suit against #Maxwell arguably sparked the series of events resulting in her #convictions. The #litigation created vast #public record mined by #journalists about Maxwell’s relationship w Epstein, & #prosecutors charged Maxwell with perjury based on her #depositions in that case. In a statement 4 Maxwell’s sentencing, Giuffre told her: “For me, and for so many others, you opened the door to #hell.”
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The National Policy Planning Committee suspended today's scheduled briefing from prosecutors and is considering options for a future report, signaling potential shifts in oversight procedures.
#YonhapInfomax #NationalPolicyPlanningCommittee #Prosecutors #Briefing #Oversight #ReportRescheduling #Economics #FinancialMarkets #Banking #Securities #Bonds #StockMarket
https://en.infomaxai.com/news/articleView.html?idxno=68519 -
Families of Indonesian Lion Air #crash #victims say proposed #Boeing deal not ‘true #justice’
" #US #prosecutors filed #court documents on Friday outlining a tentative #agreement that would shield the #American #aircraft manufacturer from #criminal prosecution over allegations it #misled #regulators about #flaws in the Boeing #737Max, the model involved in two crashes that #killed 346 people.. raises serious questions abt the #integrity of the criminal #justicesystem"
1/2
https://www.scmp.com/week-asia/economics/article/3312010/families-indonesian-lion-air-crash-victims-say-proposed-boeing-deal-not-true-justice -
#revenge not #justice not #law not #legal - If #DOJ Can’t Prosecute #Trump #Foes, It Will ‘Shame’ Them, Official Says. #Prosecutors have long followed the dictum of speaking only through #court filings, to investigate #crimes, not people. That’s changing as #Trump demands his administration targets #enemies, with little evidence of #criminality .This is not #government this is #revenge #enemieslist #death to #democracy #destruction of #ruleoflaw #greed #corruption https://archive.is/SLN1j
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#FBI’s #Warrantless #Search #Ruled #Unconstitutional in a #Blow to #Government #Spying.
The #FBI trawled #NSA #records without a #warrant to #investigate a #man suspected of trying to join a #terror #group, #prosecutors #admit.
#Women #Transgender #LGBTQ #LGBTQIA #Technology
https://theintercept.com/2025/01/27/fbi-government-spying-surveillance-702-fisa/
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Sweden Seizes Ship Suspected of Baltic Sea 'Sabotage'
https://www.barrons.com/news/sweden-says-has-seized-ship-suspected-of-baltic-sea-sabotage-13ff82f2
#ycombinator #sweden #latvia #security #prosecutors #Sweden #Latvia #SYND -
#Trump urges #judge in 2020 #election #case not to allow #release of more #evidence, claiming #electioninterference.
The judge wrote in her #brief #order that #prosecutors' #proposed #redactions are "#appropriate," but #Trump's "#blanket #objections to further #unsealing are #withoutmerit."
https://www.cbsnews.com/news/trump-2020-election-case-release-of-evidence/
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11 #damning #details in #JackSmith’s new #brief in the #Trump #election #subversion #case.
From Trump’s #fictitious #stats about #voterfraud to the #FBI’s #forensicanalysis of #Trump’s #phone, #prosecutors previewed how they would make their #case at #trial.
https://www.politico.com/news/2024/10/02/jack-smith-trump-election-brief-details-00182287
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#Prosecutors say #ConvictedFelon #DonaldTrump was #engaged in '#privateConduct' during his '#criminal #effort' to #overturn the 2020 #election.
The #Trump team vigorously #objected to the #release of the #unsealed #court #filing, citing a #sensitive" #preelection time period.
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#Drunk #racist and #TrumpSupporter faces #prison for #assaulting #mailcarrier with a #knife for putting flyer for #VicePresident #KamalaHarris in his #mailbox, say #prosecutors
A peek at RussellFrankValleau's #rapsheet — #AggravatedStalking, #PossessionofFirearms by a #Felon, #MaliciousDestruction of #Fire or #Police #Property, etc. — is enough to put him on the #shortlist for a #Trump #administration #cabinet #post.
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17-year-old #terror #suspect #considered #attack on #Pride #parade, #prosecutors claim.
He was #learning how to make #bombs and allegedly had his eyes set on the local #LGBTQ+ #community.
#Women #Transgender #LGBTQ #LGBTQIA #Pennsylvania #Conservatives #Extremism #Fascism #DomesticTerrorism #RepublicanParty #Hate #Bigotry #Violence #Genocide #Discrimination #Homophobia #Transphobia #ThePartyOfHate
https://www.thepinknews.com/2024/09/19/philadelphia-terror-suspect-lgbtq-community/
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#Rightwing #influencers were #duped to work for #covert #Russian #influence #operation, #US says
They have millions of #followers #online. They have been major #players in #rightwing #political #discourse since #DonaldTrump was #president. And they worked unknowingly for a #company that was a #front for a #Russian #influence #operation, #US. #prosecutors say.
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Swiss court jails #1MDB #fraudsters over US$1.8 billion theft from #Malaysian fund
" #multiyear #prison #sentences were justified, the court said in a stmt, given “the very high amounts involved, the intensity of e criminal activity,” & the defendants’ “selfish motive”.. the decision is a win for #Swiss #prosecutors, who secured a criminal #conviction against Credit Suisse in 2022 & want to demonstrate that #Switzerland is not a #softtouch on #whitecollar #crime"
#justice
https://www.scmp.com/news/asia/southeast-asia/article/3276797/swiss-court-jails-1mdb-fraudsters-over-us18-billion-theft-malaysia-state-fund -
@ProPublica Armed and Underground: Inside the Turbulent, Secret World of an American #Militia.Militias After #Jan6. Internal messages reveal how #ap3 one of the largest U.S. militias, rose even as #prosecutors pursued other #paramilitary groups after the assault on the Capitol. Organized #Vigilantism: AP3 has already sought to shape American life through armed vigilante operations — at the #Texas border, outside ballot boxes and during #BlackLivesMatterprotests #BLM. https://www.propublica.org/article/inside-secret-ap3-militia-american-patriots-three-percent
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…Within months of learning of the withdrawal, #prosecutors & #FBI agents were blocked by top #DOJ officials from obtaining bank records they believed might hold critical evidence, according to interviews w/people familiar w/the case as well as documents & contemporaneous notes of the investigation. The case ground to a halt by the fall of 2019 as #Trump’s then-AG, William P. #Barr, raised doubts about whether there was sufficient evidence to continue the probe of Trump.
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#Trump loses appeal of #GagOrder in #criminal #FalsifiedBusinessRecords #ElectionInterference case
A #NewYork state appeals court on Thurs rejected Trump's challenge to a gag order in his criminal #conviction case on charges stemming from #HushMoney paid to a porn star.
The ruling means Justice #Merchan's order preventing Trump from publicly commenting about individual #prosecutors & others will remain in place through his Sept #sentencing.
#law
https://www.reuters.com/legal/trump-loses-appeal-gag-order-hush-money-criminal-case-2024-08-01/ -
Judge #Aileen M. #Cannon’s stunning dismissal this week of the most serious charges faced by Donald Trump put her on shaky legal ground, according to experts,
who say she is🔸 on track to be reversed on appeal
🔸 and could even be removed from the case
— an extraordinary, but not unheard of step.
Because of the political calendar, however, any legal repercussions could be short-lived.
Trump’s alleged mishandling of classified national security records and obstruction of government efforts to retrieve the material
🔸may not matter if the former president and current Republican nominee is elected in November.If he gets back to the White House, Trump could pressure his Justice Department to close the case.
He could also promote Cannon to the very appeals court that will soon examine her decision to toss the case. Cannon’s finding that special counsel #Jack #Smith was improperly appointed by Attorney General Merrick Garland to investigate Trump
conflicts with numerous past court decisions and the nation’s long history
— during both Democratic and Republican administrations
— of allowing #independent #prosecutors to handle high-profile instances of alleged wrongdoing. ⭐️Smith has filed notice of his plans to appeal to the U.S. Court of Appeals for the 11th Circuit,
which reviews decisions from the Florida district where Cannon,
a relatively inexperienced judge appointed by Trump in 2020, sits.⭐️The court has already rebuked her twice for her handling of other aspects of the classified documents case,
sending what Yale Law School professor Akhil Amar described as a message that her decisions had been “way out of line.”
The question now, Amar said, is
💥how quickly and dramatically the appeals court acts on the latest ruling, 💥
which dismissed the entire indictment for Trump and his two co-defendants.
“They may not want to stick their head in a #buzz #saw if they can just let the case take its slow, deliberative course,” he said.
In her 93-page decision, Cannon said there is no specific statute authorizing the attorney general to appoint a special counsel.She also said the Constitution requires someone with Smith’s authority to be confirmed by the Senate.
The judge acknowledged the tradition of special-attorney-like figures in moments of political scandal involving high-level government officials,
from #Watergate to #Iran-#contra to Russia’s attempts to #interfere in the 2016 election.
But Cannon said the practice of appointing such independent prosecutors has been inconsistent and based on a “spotty historical backdrop.”Smith, she wrote, is “a private citizen exercising the full power of a United States Attorney, and with very little oversight or supervision.”
Conservative legal groups have long questioned the constitutionality of special counsel appointments.
Cannon repeatedly cited Justice #Clarence #Thomas, who raised the issue in a solo opinion this month as part of the Supreme Court’s decision granting Trump broad immunity from prosecution for official acts.
That Supreme Court case focused on Smith’s separate election interference prosecution of Trump in D.C.
She also embraced the arguments in a law review article by #Gary #Lawson of Boston University School of Law and #Steven G. #Calabresi, a Northwestern law professor and 🔸a co-founder of the Federalist Society, with which Cannon is affiliated.
Other legal experts, however, have joined former Justice Department officials and Smith’s legal team in saying
her ruling ignores the history of special counsel appointments and flouts Supreme Court precedent.
Most notably, the high court in 1974 unanimously required President Richard M. #Nixon to hand over recordings to a special prosecutor as part of the #Watergate investigation.In that opinion, the justices endorsed the office, citing several statutes under which the attorney general had
“delegated the authority to represent the United States in these particular matters to a Special Prosecutor with unique authority and tenure.”
While lower-court judges are bound to follow the Supreme Court’s lead,
🔸Cannon took the unusual step of finding she was not required to abide by that aspect of the high court’s opinion in U.S. v. Nixon,
🔸saying the case did not directly address the validity of the office of special counsel.Michael J. Gerhardt, a University of North Carolina law professor who teaches about constitutional conflicts between presidents and Congress, said
Cannon cannot just brush aside a unanimous high court ruling.
“For a trial judge to ignore it is judicial malpractice,” he said, describing her most recent decision as
part of a “pattern of bias that leads her to endorse wacky or unfounded arguments,
and that’s a problem if you’re a judge.”
https://www.washingtonpost.com/politics/2024/07/20/cannon-trump-florida-appeal-special-counsel/