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The Latest: Trump says he won't meet with Judge Lagoa
Blog Updates | 2020/09/26 08:40
President Donald Trump says he will not be meeting with Judge Barbara Lagoa, but says the Florida-born jurist is still on his short list to fill the vacancy on the Supreme Court.

Speaking to reporters during a White House press briefing Wednesday, Trump, who has spoken highly of Lagoa, said, “She is on my list. I don’t have a meeting planned, but she is on my list.”

Trump had previously suggested he might meet with Lagoa later this week when he travels to Florida for campaign events. He is set to announce his nominee for the high court Saturday afternoon.

President Donald Trump says he wants a replacement for Justice Ruth Bader Ginsburg confirmed to the Supreme Court ahead of Election Day so that a full court can weigh in on any campaign-related litigation.

Speaking at the White House on Wednesday, Trump predicted the election “will end up in the Supreme Court, adding, “I think it’s important we have nine justices.”

He added of the timing of the confirmation vote: “I think it’s better if you go before the election.”

Trump is set to formally unveil his pick Saturday at the White House, and Senate Republicans have indicated they will move swiftly to confirm the selection before the Nov. 3 election.

In 2016, Senate Republicans and Trump said it wasn’t right for President Barack Obama, a Democrat, to replace Justice Antonin Scalia because it was an election year. Scalia died 237 days before the 2016 election.



Ginsburg makes history at Capitol amid replacement turmoil
Blog Updates | 2020/09/25 08:40
Supreme Court Justice Ruth Bader Ginsburg  lay in state Friday at the U.S. Capitol as the first woman ever so honored, making history again as she had throughout her extraordinary life while an intensifying election-year battle swirled over her replacement.

The flag-draped casket of Ginsburg, who died last week at 87, drew members of Congress, top military officials, friends and family, some with children in tow, to the Capitol’s grand Statuary Hall, paying respect to the cultural icon who changed American law and perceptions of women’s power.

Democratic presidential nominee Joe Biden and his wife, Jill, joined other invited guests. His vice presidential running mate, Sen. Kamala Harris said that “RBG,” as she is known by many, cleared a path for women like her in civic life.

“She, first of all, made America see what leadership looks like -- in the law, in terms of public service -- and she broke so many barriers,” Harris told reporters at the Capitol. “And I know that she did it intentionally knowing that people like me could follow.”

Biden, who was chairman of the Senate Judiciary Committee when Ginsburg was confirmed 27 years ago this month, said he was brought back to when he met her back then. “Wonderful memories,” he said.

Mourners gathered to honor Ginsburg under coronavirus distancing restrictions with the nation in political turmoil.

President Donald Trump is to announce a conservative nominee to replace her on Saturday, just weeks before the election. White House officials have indicated to congressional Republicans and outside allies that the nominee will be Indiana’s Amy Coney Barrett  but are maintaining a semblance of suspense to let Trump announce her.

His third justice, if confirmed, would be sure to move the court rightward on health care, abortion and other pivotal issues. A Senate confirmation vote would be expected in late October.

House Speaker Nancy Pelosi said it was with “profound sorrow” that she welcomed Ginsburg and opened the private service.

She and Senate Democratic leader Chuck Schumer stood under gray skies as Ginsburg’s casket made the short procession from the court’s steps where it had been on public view for several days to the East Front of the Capitol.



Court halts police subpoena for media’s protest images
Blog Updates | 2020/08/21 18:10
Less than 24 hours before a court order would have required five Seattle media companies to turn over unpublished protest photos and videos to police, the state Supreme Court has granted them a temporary respite.

A Washington state Supreme Court commissioner on Thursday postponed a King County judge’s order that would have required The Seattle Times and local television stations KIRO, KING, KOMO and KCPQ, to comply with a Seattle police subpoena by handing over photos and video taken during racial injustice protests.

Instead, Commissioner Michael E. Johnston agreed with the news companies’ motion for an emergency stay while the high court considers the media groups’ appeal of King County Superior Court Judge Nelson Lee’s July 31 order, The Seattle Times reported.

“On balance, I am not persuaded that the potential harm to SPD (Seattle Police Department) outweighs the potential harm to the news media,” Johnston wrote in his ruling.

Lee had given the news companies until Aug. 21 to produce to his court their unpublished images from a 90-minute period when protests turned chaotic in downtown Seattle on May 30.

Last month, the Seattle Police Department contended it was at a standstill in its investigation of arson and thefts that day, leading detectives to seek and obtain a subpoena for the images. Investigators say the images could help identify people who torched five Seattle Police Department vehicles and stole two police guns from police vehicles during the mayhem.

The news groups countered that Washington’s so-called “shield law” protected the images from disclosure. As in most states, journalists in Washington are shielded from law enforcement subpoenas except under limited circumstances. The laws are an extension of the First Amendment, meant to guard against government interference in news gathering.

Lee, a former King County prosecutor, ruled that the rare public safety concerns of the case overrode the shield law’s protections, subjecting the news photos and video to the subpoena. Under his order, Lee or a special master of his choosing would have screened the media images privately to decide whether any should be turned over to police.

The ruling drew criticism from First Amendment groups, the American Civil Liberties Union, press organizations and members of the Seattle City Council, who asked City Attorney Pete Holmes to drop the subpoena. Seattle police officials, however, have defended the subpoena as necessary to solve the investigation and retrieve the weapons, which remain missing.

On Aug. 11, the news groups appealed directly to the Supreme Court, asking the panel to halt enforcement of the subpoena until the court resolved the news groups’ contentions that Lee erred in his ruling.

“The equities favor the news media, though I am deeply mindful of the public safety concerns attendant to stolen police firearms and intentional destruction of law enforcement vehicles and other property,” Johnston wrote.

The Supreme Court will decide at “the earliest opportunity as to whether to retain the (media companies’) appeal or refer it to the Court of Appeals,” Johnston’s ruling stated.



Lawyer: Over 150 Minneapolis officers seeking disability
Blog Updates | 2020/07/11 09:06
More than 150 Minneapolis police officers are filing work-related disability claims after the death of George Floyd and ensuing unrest, with about three-quarters citing post-traumatic stress disorder as the reason for their planned departures, according to an attorney representing the officers.

Their duty disability claims, which will take months to process, come as the city is seeing an increase in violent crime and while city leaders push a proposal to replace the Minneapolis Police Department with a new agency that they say would have a more holistic approach.

While Floyd’s death in May and the unrest that followed are not the direct cause of many of the disability requests, attorney Ron Meuser said, those events and what Meuser called a lack of support from city leadership were a breaking point for many who had been struggling with PTSD from years on the job. Duty disability means the officer was disabled while engaged in inherently dangerous acts specific to the job.

“Following the George Floyd incident, unfortunately it became too much and as a result they were unable to, and are unable to, continue on and move forward,” Meuser said. “They feel totally and utterly abandoned.”

He said many officers he represents were at a precinct that police abandoned  as people were breaking in during the unrest. Some officers feared they wouldn’t make it home, he said, and wrote final notes to loved ones. People in the crowd ultimately set fire to the building.

Mayor Jacob Frey issued a statement saying that COVID-19 and unrest following Floyd’s death tested the community and officers in profound ways. He said cities need resources to reflect the realities on the ground.

“In the meantime, I am committed to supporting those officers committed to carrying out their oath to serve and protect the people of Minneapolis during a challenging time for our city,” he said.

Meuser said in recent weeks, 150 officers have retained his office for help in filing for duty disability benefits through the state’s Public Employment Retirement Association, or PERA. So far, 75 of them have already left the job, he said.

Police spokesman John Elder questioned Meuser’s figure of 150, though he does expect an increase in departures. The department currently has about 850 officers and will adjust staffing to ensure it can do its job, he said.

The city said it has received 17 PTSD workers compensation claims in the last month, but when it comes to PERA duty disability, officers are not obligated to notify the Police Department that an application was submitted. Meuser said the city isn’t being transparent about departures, and the numbers it sees will lag as PERA benefits take months to process.


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