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The initial online search spurring a raid on a Kansas paper was legal
Court Watch |
2023/08/21 14:55
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The initial online search of a state website that led a central Kansas police chief to raid a local weekly newspaper was legal, a spokesperson for the agency that maintains the site said Monday, as the newspaper remains under investigation.
Earlier this month, after a local restaurant owner accused the Marion County Record of illegally accessing information about her, the Marion police chief obtained warrants to search the newspaper’s offices and the home of its publisher, as well as the home of a City Council member who also accessed the driver’s license database.
The police chief led the Aug. 11 raids and said in the affidavits used to obtain the warrants that he had probable cause to believe that the newspaper and the City Council member had violated state laws against identity theft or computer crimes.
Both the City Council member and the newspaper have said they received a copy of the document about the status of the restaurant owner’s license without soliciting it. The document disclosed the restaurant’s license number and her date of birth, information required to check the status of a person’s license online and gain access to a more complete driving record. The police chief maintains they broke state laws to do that, while the newspaper and Herbel’s attorneys say they didn’t.
The raid on the Record put it and its hometown of about 1,900 residents in the center of a debate about press freedoms protected by the First Amendment to the U.S. Constitution and Kansas’ Bill of Rights. It also exposed divisions in the town over local politics and the newspaper’s coverage of the community and put an intense spotlight on Police Chief Gideon Cody.
Department of Revenue spokesperson Zack Denney said it’s legal to access the driver’s license database online using information obtained independently. The department’s Division of Vehicles issues licenses.
“That’s legal,” he said. “The website is public facing, and anyone can use it.”
The Kansas Bureau of Investigation continues to probe the newspaper’s actions. The KBI reports to state Attorney General Kris Kobach, a Republican, while the Department of Revenue is under Democratic Gov. Laura Kelly’s authority.
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Biden and McCarthy reach a final deal and now must sell it to Congress
Court Watch |
2023/05/29 10:15
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With days to spare before a potential first-ever government default, President Joe Biden and House Speaker Kevin McCarthy reached final agreement Sunday on a deal to raise the nation’s debt ceiling and worked to ensure enough support in Congress to pass the measure in the coming week.
The Democratic president and Republican speaker spoke late in the day as negotiators rushed to draft and post the bill text for review, with compromises that neither the hard-right or left flank is likely to support. Instead, the leaders are working to gather backing from the political middle as Congress hurries toward votes before a June 5 deadline to avert a damaging federal default.
“Good news,” Biden declared Sunday evening at the White House.
“The agreement prevents the worst possible crisis, a default, for the first time in our nation’s history,” he said. “Takes the threat of a catastrophic default off the table.”
The president urged both parties in Congress to come together for swift passage. “The speaker and I made clear from the start that the only way forward was a bipartisan agreement,” he said.
The final product includes spending cuts but risks angering some lawmakers as they take a closer look at the concessions. Biden told reporters at the White House upon his return from Delaware that he was confident the plan will make it to his desk.
McCarthy, too, was confident in remarks at the Capitol: “At the end of the day, people can look together to be able to pass this.”
The days ahead will determine whether Washington is again able to narrowly avoid a default on U.S. debt, as it has done many times before, or whether the global economy enters a potential crisis.
In the United States, a default could cause financial markets to freeze up and spark an international financial crisis. Analysts say millions of jobs would vanish, borrowing and unemployment rates would jump, and a stock-market plunge could erase trillions of dollars in household wealth. It would all but shatter the $24 trillion market for Treasury debt.
Anxious retirees and others were already making contingency plans for missed checks, with the next Social Security payments due soon as the world watches American leadership at stake.
McCarthy and his negotiators portrayed the deal as delivering for Republicans though it fell well short of the sweeping spending cuts they sought. Top White House officials were briefing Democratic lawmakers and phoning some directly to try to shore up support.
One surprise was a provision important to influential Sen. Joe Manchin, D-W.Va., giving congressional backing for the controversial Mountain Valley Pipeline, a natural gas project, that is certain to raise questions. |
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‘Rust’ movie medic gets $1.15 million partial settlement
Court Watch |
2023/05/12 14:22
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A New Mexico judge has approved a $1.15 million settlement between a medic who worked on the “Rust” film set and one of several defendants she accused of negligence in the fatal 2021 shooting of a cinematographer by Alec Baldwin during a rehearsal.
Court records show the partial settlement between Cherlyn Schaefer and prop master Sarah Zachry was approved during a hearing Monday. Schaefer told the judge there’s not a day that goes by when she doesn’t think about what happened, the Santa Fe New Mexican reported.
In her civil complaint, Schaefer said she fought desperately in a failed attempt to save the life of cinematographer Halyna Hutchins. She said the shock, trauma and emotional distress that followed has made it impossible for her to continue working in her field.
Prosecutors dismissed an involuntary manslaughter charge against the actor and producer last month, citing new evidence and the need for more time to investigate.
State District Judge Kathleen McGarry Ellenwood had entered a default judgment against Zachry in November after the film worker failed to file responses within court deadlines.
Zachry’s current attorney, Nathan Winger, told the court Monday that her previous attorney, William Waggoner, let deadlines pass without her permission, and she intends to seek damages from him to fund her settlement with Schaefer. Waggoner disputes the claim.
Justin Rodriguez, one of several attorneys representing Schaefer, said the settlement “is a small portion of what we expect to receive in the future.” The remaining defendants include Rust Movie Productions, weapons supervisor Hannah Gutierrez-Reed and assistant director David Halls, but not Baldwin.
Schaefer’s complaint claims Zachry and Gutierrez-Reed failed to ensure there were no live rounds in Baldwin’s weapon. An involuntary manslaughter charge remains pending against Gutierrez-Reed, but her attorneys have said they fully expect her to be exonerated. |
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Republicans invoke Soros to steer narrative on Trump probe
Court Watch |
2023/03/22 09:59
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As former President Donald Trump braces for a potential indictment related to hush money payments made on his behalf during his 2016 campaign, Republicans blasting the case as politically motivated are blaming a frequent target: George Soros.
The 92-year-old billionaire investor and philanthropist — who has been falsely accused of everything from hiring violent rioters to committing election crimes — doesn’t know and didn’t donate directly to the New York prosecutor steering the probe. But that hasn’t stopped Trump and other high-profile Republicans from accusing Manhattan District Attorney Alvin Bragg, who convened the grand jury investigating Trump, of acting on Soros’ behalf.
Trump on Monday used his Truth Social platform to misleadingly claim that Bragg “received in EXCESS OF ONE MILLION DOLLARS” from Soros. Ohio Sen. J.D. Vance tweeted that the prosecutor was “bought by George Soros.” Florida Gov. Ron DeSantis called the case a “manufactured circus by some Soros-DA.”
Experts say the claims exploit a gray area of campaign fundraising, where tenuous connections between PAC donors and the candidates who ultimately receive the funds can be unclear.
Scapegoating Soros, who is Hungarian American and Jewish, also perpetuates deep-rooted false ideas about Jewish people and immigrants to underscore the conspiracy theory that he is a shadowy villain orchestrating world events.
The misleading claims about Soros’ link to the Trump case stem from a real donation the philanthropist made in 2021. Soros gave $1 million to Color of Change PAC, a political group that ran an independent expenditure campaign to support Bragg’s district attorney run.
But Soros spokesman Michael Vachon confirmed the wealthy donor’s contribution to the PAC was not earmarked to be used for Bragg. Soros didn’t donate to Bragg’s campaign directly, and the two have never met in person, by phone or virtually, Vachon said.
Soros’ contribution to Color of Change PAC, which told The Associated Press it supports prosecutors looking to change the criminal justice system, follows a pattern for the investor, who “has made numerous contributions in support of reform-minded prosecutors across the country since 2015,” Vachon said.
Soros wrote in an op-ed in 2022 that he supports these candidates because they invest in changes he supports, including mental health programs and treating drug addiction as a disease instead of a crime. Personally and through another PAC, Soros donated about $4 million to Color of Change PAC between 2016 and 2022, Vachon said.
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Belarus hands 8-year term to journalist for top Polish paper
Court Watch |
2023/02/08 10:49
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A Belarusian court on Wednesday sentenced a journalist and prominent member of the country’s sizable Polish minority to eight years in prison, amid an ongoing crackdown on critics of authoritarian President Alexander Lukashenko’s regime.
Andrzej Poczobut, 49, was found guilty of harming Belarus’ national security and “inciting discord” in a closed trial held in the western city of Grodno. Poczobut, a journalist for the influential Polish newspaper Gazeta Wyborcza and a top figure in the Union of Poles in Belarus, has been behind bars since his detention in March 2021.
He reported extensively on the mass protests that gripped Belarus for weeks in 2020 following a presidential election that gave Lukashenko, in power since 1994, a new term in office, but that was widely regarded by the opposition and Western countries as fraudulent.
The indictment against Poczobut referenced his coverage of the protests, along with his statements in defense of ethnic Poles in Belarus and reference to the 1939 Soviet invasion of Poland as an act of “aggression,” as evidence that he was guilty of the charges.
Polish Prime Minister Mateusz Morawiecki in a Tweet Wednesday condemned the “inhumane decision by the Belarusian regime” and vowed to “do everything to help the Polish journalist bravely fighting for the truth.”
Poland’s foreign ministry summoned the top Belarusian diplomat in Warsaw, Alexander Tshasnouskyy, to protest the verdict.
Poland demands the release of Poczobut and of all political prisoners in Belarus and urges Minsk to respect international laws and put an end to actions against the Polish minority, the ministry said in a statement. |
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