[BALTIMORESUN] Prosecutors are expected to test a novel legal theory this week in the trial of a police officer charged in the arrest and death of Freddie Gray -- that the officer didn't have the authority to detain him and therefore committed an assault by putting him in handcuffs.
The allegation could have widespread implications for policing in Baltimore and Maryland. Hundreds of detainees in the city are released every year after being tossed in the slammer Youse'll never take me alive coppers!... [BANG!]... Ow!... I quit! without being charged.
Officer Edward M. Nero's defense team argues that police shouldn't be second-guessed -- and face criminal charges -- when they carry out their duties in good faith, while prosecutors say officers should face consequences when their actions turn out to be wrong, and the consequences are so catastrophic.
By taking a chance with this kind of case, legal experts said, Baltimore's State's Attorney Marilyn J. Mosby must believe she is correctly interpreting the law and has the political will.
"Is it a gutsy theory? Yes. Do I think most prosecutors would have brought charges on this theory? Probably not," said Paul Butler, a former federal prosecutor who is now a Georgetown University law professor. "But these are extraordinary times, and Baltimore is a city where a lot of the usual political dynamics don't apply."
Andrew Branca at Legal Insurrection has been covering this case extensively and with superb attention to legal details and theory. As this trial comes up it's well worth it to head over to LI.
Posted by: Fred ||
05/10/2016 00:00 ||
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#1
By taking a chance with this kind of case, legal experts said, Baltimore's State's Attorney Marilyn J. Mosby must believe she is correctly interpreting the law and has the political will.
#2
Mosby has had some legal setbacks (well deserved IMO) in this case and is looking to try another tactic.
Her persecution of police officers is despicable and deserves contempt.
Posted by: lord garth ||
05/10/2016 0:49 Comments ||
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#3
Yon Mosby has a lean and hungry look.
It's a bold move. If she can pull it off, she has made her name. But win or lose, she burns down any trust between the cops and the City. A high price to pay for one woman's ambition.
#7
She's going to look pretty stupid and grasping when the cops are acquitted, the BLM riot and burn the inner City, and the Cops refuse to intervene for fear of being second-guessed and prosecuted. Maybe she'll even get a punch to that pouty mug
Posted by: Frank G ||
05/10/2016 9:02 Comments ||
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#8
That pic: Resting Bitch Face
Posted by: Rex Mundi ||
05/10/2016 12:01 Comments ||
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#9
Can we apply this theory to the actions of the IRS, EPA, BLM, etc.?
#10
Then "who has the authority to arrest" under this theory? They should require her to authorize *all* arrests *personally* if she feels that this authority can't be delegated to the individual "Gang In Blue" police officers.
[ABCNEWS.GO] The State Department said today it can’t find any of Bryan Pagliano’s emails from the time he served as Secretary of State Hillary Clinton ... sometimes described as The Heroine of Tuzla and at other times as Mrs. Bill, never as Another Charles Evans Hughes ... ’s senior information technology staffer during her tenure there.
And since Pagliano is an IT guy, I'm going to guess that he deleted each and every one of those emails properly...
Pagliano would have been required to turn over any official communications from his work account before he left the government. State Department officials say he had an official email account, but that they can't find any of those records and continue to search for them.
"The Department has searched for Mr. Pagliano’s email pst file and has not located one that covers the time period of Secretary Clinton’s tenure," State Department front man Elizabeth Trudeau said today, referencing a file format that holds email.
"To be clear, the Department does have records related to Mr. Pagliano and we are working with Congress and [Freedom of Information Act] requesters to provide relevant material. The Department has located a pst from Mr. Pagliano’s recent work at the Department as a contractor, but the files are from after Secretary Clinton left the Department," Trudeau added.
Posted by: Fred ||
05/10/2016 00:00 ||
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#3
Uber driver was in a fistfight with another customer, missed picking up Mr. Pagliano for ride to Ft. Marcy Park. That's how history gets made, ya know...
Posted by: M. Murcek ||
05/10/2016 9:38 Comments ||
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Anybody see if they might be in her g/g Pr0n folder?
[NYPOST] The FBI raided the homes of two men close to Gov. Andrew Sonny Cuomo as part of the widening federal probe into Albany corruption,The Post has learned.
Agents carted off evidence from the Westchester home of former top Cuomo aide Joseph Percoco and the Washington, DC-area home of lobbyist Todd Howe, who was fired last week after Cuomo’s office barred state officials from any contact with him, sources said.
A Manhattan federal judge approved search warrants for at least three locations, and the raids were carried out two weeks ago, a law enforcement source said.
The feds were able to secure the warrant for Howe’s out-of-state home by arguing that he conducted business within the Southern District of New York, which covers Manhattan, The Bronx and the northern suburbs, the source said.
Howe and Percoco, who in January began working as a top exec at Madison Square Garden, are at the center of a probe that Cuomo’s office has said involves "questions of improper lobbying and undisclosed conflicts of interest by some individuals which may have deceived state employees involved in the respective programs and may have defrauded the state."
Posted by: Fred ||
05/10/2016 00:00 ||
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New York should just be renamed Appalachin and converted into the National Museum of Corruption, with branch location in Chicago...
Posted by: M. Murcek ||
05/10/2016 9:53 Comments ||
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Apalachin. Got to spell it correctly...
Posted by: M. Murcek ||
05/10/2016 10:00 Comments ||
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[CBSNEWS] Officials in North Carolina filed a lawsuit Monday against the Department of Justice over the feds' demand that the state not implement its controversial LGBT law or risk losing federal funds.
Fred: can we find a pic of Madison, Jefferson and Franklin doing face palms?
The Justice Department had set a deadline of Monday for Gov. Pat McCrory to report whether he would refuse to enforce the last that took effect in March. McCrory's defiance could lead to a protracted legal battle.
McCrory's lawsuit, filed in federal court in North Carolina, asks a judge to block Justice Department action that could threaten billions of dollars in federal money flowing to the state.
"I do not agree with their interpretation of federal law. That is why this morning I have asked a federal court to clarify what the law actually is," McCrory said at a news conference.
He said he hopes other states will join North Carolina in court as it fights the Justice Department's position that the Civil Rights Act requires that transgender people be allowed to access facilities matching their gender identities.
"This is not a North Carolina issue. It is now a national issue," McCrory said.
The lawsuit called the law a "common sense privacy policy" and said the Justice Department's position was a "baseless and blatant overreach."
In his filing, McCrory cited the fact that he has directed state agencies to make a reasonable accommodation of a single occupancy restroom. The state also allows private companies to set their own policies for bathrooms, locker rooms and shower facilities.
"I'm taking this initiative to ensure that North Carolina continues to receive federal funding until the courts resolve this issue," McCrory said in an earlier blurb.
Posted by: Fred ||
05/10/2016 00:00 ||
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Officials in North Carolina filed a lawsuit Monday against the Department of Justice over the feds' demand that the state not implement its controversial LGBT law or risk losing federal funds.
I wonder if it's possible for McCrory to order payroll companies in NC to not remit Federal tax payments to the Treasury in response? You know, 'pen and a phone' kind of thing?
The Justice Department had set a deadline of Monday for Gov. Pat McCrory to report whether he would refuse to enforce the last that took effect in March. McCrory's defiance could lead to a protracted legal battle.
They gave him three fucking days to respond. If it were the other way around, it would be three months.
"This is not a North Carolina issue. It is now a national issue," McCrory said.
#2
He is correct. If you have a problem with penises not being allowed in Ladies bathrooms - even in grade school, you need to be ejected off of THIS Planet. You are mentally fucked in the head.
What is between your legs determines where you go. For the ,07% of you who are not sure, ask the staff to show you to the faculty's latrine.
99% of the people should not change because .07% want to look at your Daughters ass.
Or don't know what their sex should be.
#5
If Obama does not have a problem with men in the same restroom as his two daughters, child protective services need to remove his daughters from this President.
#6
"If Obama does not have a problem with men in the same restroom as his two daughters, child protective services need to remove his daughters from this President."
#10
The argument that I hear on this issue from my koolaid drinking friends is that the sick, cross dressing men will quietly go into a stall and do their thing and nobody will notice. I guess I should be happy that I'm not familiar enough with these types of situations to know. But it does seem wrong. What seems really, really wrong is that these types of issues just pop up out of nowhere and suddenly you have the Bruce Springsteen types refusing to perform in North Carolina to protest the purported injustice. It all seems so...orchestrated.
#12
Seems to also be a reduction in the media coverage of Planned Parenthood and the Champ's Iran deal. Someone, please prod those klueless 24 year old reporters.
#13
If you are what you self-identify as for legal purposes.. then .. your pet who self identifies as a human is a definite unquestionable tax deduction.
[DAILYMAIL.CO.UK] The Clinton campaign hosted a call with reporters criticizing what, on face value, looked like more middle class-friendly policies from Donald Trump
Clinton aide Jake Sullivan warned that what Trump really wants to do on the minimum wage is get rid of the federal floor
On Sunday, Trump said he didn't know how people lived on $7.25 an hour, but said he would want the states to make decisions on the minimum wage
Posted by: Fred ||
05/10/2016 00:00 ||
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Well... for $15/h in Iowa you would be living pretty well. In California... you would be on food stamps and homeless.
So yeah, letting states set their own minimum wage sounds pretty fucking smart.
#2
Jerry Pournelle once made a point that USA success was, largely, based on letting each state experiment on it's own, and letting the people vote with their feet.
#11
@#4: If anything a customer or client receives is manufactured, grown, transported from, etc. a state other than domicile, the Feds assume force majeure, 10th Amendment be damned.
[TOWNHALL] Unlike the fictional gentleman in the beer commercials who has people hanging on his every word and reveling in his exploits, with Hillary Clinton, the Democrat front runner for the party’s nomination for president in 2016, Americans are simply just bored to death. Worn out by the drama and the scandals that have followed her throughout her entire private and public life.
As the old saying goes, “where there’s smoke there’s always fire”, and in the case of Hillary Clinton it is more true now than it ever has been, seemingly with new revelations about her e-mails and corruption in the Clinton Foundation coming out almost every day.
But also like the Everyready Bunny that just keeps “going and going”, Hillary Clinton is determined to continue her life-long quest for the White House amidst what seems to be more and more scandal. And while any ‘normal’ person might devote their efforts towards clearing their name and restoring their reputation, apparently there’s no shame in Hillary. Just the ultra-ambition of winning the White House at all costs.
Posted by: Fred ||
05/10/2016 00:00 ||
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[NEWS.NATIONALPOST] Trump: 'someone who expresses mass exasperation over 20 years of misgovernment, failed fiscal and foreign policies, crumbling infrastructure, state education, a retrograde health-care reform, hemorrhaging public debt, the invasion of the country by 12 million illegals, and a self-satisfied political class incanting soporific lullabies about the “greatest nation in human history.”' I've been looking for those two words ever since the Publican primaries began. They've been right on the edge of my consciousness.
Posted by: Fred ||
05/10/2016 00:00 ||
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US. leads a desultory alliance that is allied with Iran and Russia in what is left of Iraq and opposes Iran and Russia (ineffectively) in the remnants of Syria..
#3
Trump has taken all sides of all issues at one point or another.
The fear is that
a) he hasn't a clue what he really wants;
b) he knows what he wants but won't say cause that just gives enemies a clear target;
c) he knows and it would scare off any supporters.
In other words he is the same type of blank slate that Commander Zero was.
All we can do is pray. Is the devil you don't know, Trump, a safer pick than the devil you do know, Hillary?
#4
If you are wondering if swillary is a "safe pick," you are already lost...
Posted by: M. Murcek ||
05/10/2016 9:45 Comments ||
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The only advantage to Trump is that the press won't cover for him.
Posted by: Rob Crawford ||
05/10/2016 10:36 Comments ||
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#6
My first choice was scott walker, due to him having Union blood on his "political" knuckles. Then Carson, then Cruz. My thinking is that Hillary is a slower version of Sanders, and sanders is faster version of Hillary. Voting democrat means voting for sure poison. Given the situation, voting for Trump is certainly an act of desperation, but the odds are somewhat better in favor of the country going where I want it to than voting Democrat, or not voting at all.
#7
If you don't get immigration under control you won't have any nation left to worry about. The Republican party is powerless in California because the demographics have been so radically and quickly changed. It will happen in other states. It is coming to a state near you. So if Trump says he will build a wall that's what I want to hear. If he gets elected and then doesn't build it I will vote against him the next time around. Sure, that might be too late. But with Hillary we are most certainly screwed.
#8
If he gets elected and then doesn't build it I will vote against him next time around.
EU6305, unless Trump is willing to fund construction costs out of his personal account there is zero chance a wall will be built on the US southern border. Congress has been reluctant to even appropriate funds for border enhancement without major immigration concessions. And as far as Mexico "paying for it"...well it makes for a good comic book anyway.
#10
And as far as Mexico "paying for it"...well it makes for a good comic book anyway.
That's why Vicente Fox is so unconcerned, right?
Seems to me like the people who say Trump can't build the wall are the ones who have a vested interest in leaving the border wide open. Take, for instance John Kerry, who just last weekend told graduates at some college commencement to get ready for a borderless world. He didn't say who's gonna be running this borderless world. Maybe he thinks he will but I'd bet on Xi Jinping.
#11
Congress has been reluctant to even appropriate funds for border enhancement without major immigration concessions.
Eric Cantor could not be reached for comment. Next up: Paul Ryno
Posted by: regular joe ||
05/10/2016 16:34 Comments ||
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As the fiscal situation of the federal govt gets worse, I see more states trying for a federal bailout, including Puerto Rico. The federal govt cannot do this because it is broke. If it tries, then responsible states will refuse to stand by and be fiscally raped for the irresponsible states. As this standoff gets worse, I see the gradual, or even rapid disintegration of this country.
Posted by: Alaska Paul ||
05/10/2016 17:21 Comments ||
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#13
There are walls and then there are walls. Upon the Persian invasion, the Delphi Oracle said a wooden wall would protect Athens. Athens itself was occupied and burned. However, the wooden wall, the Athenian fleet would destroy the Persian fleet, isolating the Persian army in Greece, resulting in its destruction.
Declare all lands and incorporated areas of less than 2000 within one mile of the border to be restricted military areas and subject to controls as per existing governing laws, to repel the invasions. Recall what you need from overseas to defend the homeland, to include practicing the (Bill) Clinton doctrine of invading countries that dump their citizens on us, ie Haiti.
#14
Take, for instance John Kerry, who just last weekend told graduates at some college commencement to get ready for a borderless world. He didn't say who's gonna be running this borderless world. Maybe he thinks he will but I'd bet on Xi Jinping.
I'm sure Xi will let him have the bottled water concession while the rest of us find out what it's like to be Tibetan.
#15
Recall what you need from overseas to defend the homeland
Oh, I like that idea because the real war on terror is here not there. No more fantastically expensive nation building in nations where the people hate us and you will save enough money to build the wall.
[SPECTATOR.ORG] President Obama’s foreign policy has always been an indecipherable concatenation of unrestrained urges. He’s shunned our closest allies, Britannia and Israel, embraced our adversaries and enemies such as Russia, Iran, and China, and acted out of fits of pique when challenged at home or abroad.
When North Korea tests a missile or a nuclear weapon, when Russia begins reconquering former Soviet states, and when Russia and Iran combine to ensure the survival of Syria’s terrorist regime, there’s no effort to brace our allies to strengthen them. It’s only when we have no national security interest in acting will Obama join, as he did when he, with La Belle France and Britannia, made an ad hoc NATO ...the North Atlantic Treaty Organization. A cautionary tale of cost-benefit analysis.... -like coalition to remove a dictator, using American air power to take out Libya’s Muammar Qadaffy
Continued on Page 49
Posted by: Fred ||
05/10/2016 00:00 ||
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The snark on Quadaffy should mention that it's proof that all dictators should keep their WMD for their own protection because that is the lesson the world learned from the Libya fiasco.
[WASHINGTONTIMES] The White House showed "bad faith" in how it handled an open-records request for global warming data, a federal court ruled Monday, issuing yet another stinging rebuke to the administration for showing a lack of transparency.
For President B.O., who vowed to run the most transparent government in U.S. history, Judge Amit P. Mehta’s ruling granting legal "discovery" in an open-records case -- the third time this year a judge has ordered discovery -- is an embarrassing black eye.
In this most recent case, the Competitive Enterprise Institute was trying to force the White House Office of Science and Technology Policy to release documents backing up Director John C. Holdren’s finding that global warming was making winters colder -- a claim disputed by climate scientists. Mr. Holdren’s staffers first claimed they couldn’t find many documents, then tried to hide their release, saying they were all internal or were similar to what was already public.
Posted by: Fred ||
05/10/2016 00:00 ||
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A multi-volume chronology and reference guide set detailing three years of the Mexican Drug War between 2010 and 2012.
Rantburg.com and borderlandbeat.com correspondent and author Chris Covert presents his first non-fiction work detailing
the drug and gang related violence in Mexico.
Chris gives us Mexican press dispatches of drug and gang war violence
over three years, presented in a multi volume set intended to chronicle the death, violence and mayhem which has
dominated Mexico for six years.
Rantburg was assembled from recycled algorithms in the United States of America. No
trees were destroyed in the production of this weblog. We did hurt some, though. Sorry.
Hillary Clinton
[NYPOST] The FBI raided the homes of two men close to Gov. 
Unlike the fictional gentleman in the beer commercials who has people hanging on his every word and reveling in his exploits, with Hillary Clinton, the Democrat front runner for the party’s nomination for president in 2016, Americans are simply just bored to death. Worn out by the drama and the scandals that have followed her throughout her entire private and public life.
[SPECTATOR.ORG] President Obama’s foreign policy has always been an indecipherable concatenation of unrestrained urges. He’s shunned our closest allies, 
[WASHINGTONTIMES] The White House showed "bad faith" in how it handled an open-records request for global warming data, a federal court ruled Monday, issuing yet another stinging rebuke to the administration for showing a lack of transparency.
