#future felony's future existence has been confirmed!

[whippetcrimes]

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[one-rosy-sock]

Coming Undone | Abner Krill x fem!Reader (1/2)

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Fandom: The Suicide Squad (2021) Rating: T (M for future chapter) Summery: You’re a psychiatrist. You should know the warning signs when a relationship with a patient is becoming problematic. But you refuse to consider this, because Abner Krill is a lot of things, and violent is not one of them. Warnings: PTSD, childhood abuse, trauma, brief mention of past suicide attempt. 

Notes: no use of y/n Disclaimer: Author is NOT a real therapist. I do not own DC comics. __ The first time you met Abner Krill, he was recommended to you by a colleague at Belle Reve.

It had been several weeks since the convicted metahumans defeated Starro, that giant one-eyed starfish. Sometimes it amazes you to no end what strange things exist in this world. The Corto Maltese coup and monster defeat held onto headlines for several weeks until the next big thing came to top it. Seeing such exciting news affect your patients wasn’t unusual, but to have a high profile patient be a part of such news was a first, you’ll admit.

As for you, well, things were pretty much the same. You see your patients during the week at your office. You’re a licensed psychiatrist, and oftentimes you see men and women who have been convicted of a felony or are ex-prisoners themselves. It wasn’t a dream job for many women, much less anyone, to counsel people so troubled. You aren’t like everyone else, though. No, you might not have x-ray vision or super strength, or any super fancy gear to punch bad guys, but you do have a gift not many have: A good ear and an open heart.

And a prescription notepad, but you are determined to make your sessions more than just a pill dispensary.

You are aware of who Abner Krill is. The Polka-Dot Man. One of the metahumans who went to Corto Maltese and defeated Starro. This has partially immortalized him in the media as a superhero, despite his past as a prisoner. Some of your patients were metahumans too, but none as powerful or as widely known as the Polka-Dot Man. His identity and those of his teammates had been concealed from the general public. As of last week, you know his real name.

His appointment’s in the morning on a Tuesday. Your secretary came by as you were straightening up your office to let you know he had arrived. You fluff the couch pillows, throw blanket over the back, tissue box on the side table, a mild scent infuser on your desk. The century-old computer at your desk whirls to cool itself off. Earlier you'd taken the time to shoot an email to Ms. Waller confirming Mr. Krill's appointment.

You follow your secretary up front. She goes to her desk and you step into the waiting room.

Though foolish, you half expected to see Abner in his super suit. The polka dot suit and headgear. Instead, he’s wearing a pair of khaki trousers that hugged high over his hips, and a somewhat flashy, silk button-up tucked neatly into the waist. And, dare you say, a fanny pack. His outfit looked straight out of the 70s or 80s. You don’t know the definitive difference between the decades. But his shirt looks clean and pressed, the collar tucked down nicely. He has one leg over a knee, bouncing it rhythmically as he watches the fish swim around the tank in the wall. It looks like he tried to read a magazine, but stopped halfway, finger wedged between the pages.

“Mr. Krill?”

He jerked in response to his name, swinging his head up with a guilty look gleaming in his eyes. You think of a puppy who’s been caught peeing on the carpet. His expression, or perhaps the way his face was structured, reminded you of a puppy too. His face was somewhat sallow, somewhat droopy. Lines indicate a lot of frowning. Like a sad, droopy cartoon dog. His face narrowed down from his eyes, making his red cupid’s bow mouth seem small. A strong, straight nose dominates his face. His big eyes seem dark and questioning. Like a scared, lost child.

Krill quickly shoots up like a bean sprout, shaking his hands out. The magazine drops to the floor. He swears, bends down to pick it up, and anxiously fusses over righting it on the coffee table. You watch the way the glossy purple cuffs wave as he moves about in jerky, quick moves.

“Good morning, doctor,” he greets warily, avoiding your gaze and staring at your shoes.

“You must be Abner,” you smile. You reach out your hand. In a painful, pregnant pause he visibly wavers as he stares at your hand as if you’d stuck out a gun at him. Finally, he reaches out to take your hand.

He has a strong grip. Sweaty hands.

Hastily, he pulls away.

“Nice to meet you. Why don’t we head on back?”

He nods. His legs are long yet his steps uncertain, reminding you of a gangly adolescent. He follows you down the hall from the waiting room and awkwardly stands by as you open the door to your private office. You hear him pat his thighs as he waits. Like a shadow, he follows and sticks close but careful not to touch. Barely making a sound.

After your office door clicks shut, the two of you sit in your respective places. Your desk chair has a high back, cloaked in a fraying, multicolor knitted throw blanket. A bit garish against the dull beige walls and simple yet whimsical desk decorations beside you. There’s a poster that reads It’s OK to feel this way: over a circle divided by colors and sections, listing different emotions.

You pull your knees up and begin to take off your shoes.

Your patient stares in visible confusion.

“Would you like to take your shoes off?” You ask, setting your shoes aside as you straighten up in your chair. “I find it easier to relax without them.”

“Um…” he trails off, his downturned mouth pursing as he considers this. The tension rolling off him makes him stiff and hard to read. All you’re getting from him so far is how much he doesn't want to be here.

You watch him while occupying your hands with things on your desk so he doesn’t feel pressured to make a decision. From the corner of your eye, you watch him swallow, Adam's apple bobbing, and he slowly reaches down to untie and slip off his oxford shoes. He sets them neatly beside his feet. Hands tucked in his lap, sock feet on the ground. Looking up at you somewhat imploringly.

“This is a safe space, Abner,” you smile at him. You have your clipboard and pen in your lap, but you make yourself relaxed and as welcoming as you can. Note-taking can be done later. Visibly, at least. Don’t want to make him think you’re already assessing him before y'all begin to talk. Can’t force him to talk.

Ex-prisoners often struggle with reforming to civilization after release. He couldn’t be forced to attend therapy here despite the outside forces that pressured him to. If he wanted to walk out, he could. Abner was so tense he seemed to be walking on eggshells. He struggled to relax his shoulders, like his limbs were too long for his body. During all this, he hadn’t met your gaze one.

“Whatever we talk about won’t leave this room, unless, for instance, you said you plan to hurt yourself or someone else.”

This gets a reaction out of him. A grimace, a shake of his head. “No, I wouldn’t…”

“Of course not. You’re a superhero now, right?”

He grins. It’s brief, boyish, sheepish. He’s studying the design of your clothes. You consider that progress from your feet.

“You were recommended to me by Dr. Rooney at Belle Reve,” you begin conversationally, baldly, wanting to get a feel of where he was coming from. Your colleague had said Krill was not a violent inmate, but was often verbally bullied by other prisoners. He tended to avoid crowds, thus mostly avoided. More than once he had been on suicide watch. Casually, you glance down at your clipboard. Born in Philadelphia to Augustine Krill--father unknown--and tried and convicted for first-degree murder as an adult in the city of Metropolis. He was incarcerated at Belle Reve shortly after turning eighteen. He was in his early forties now.

You look back up at Abner. He had that sad puppy dog look again, staring at nothing in particular with his neck hunched.

“Did you and Dr. Rooney get along?”

“D-Doesn’t your notes say?”

You make a face. “I want to know what you think of Rooney, not what he thinks.”

Abner didn’t answer right away. “He was okay.”

“Okay,” you echo, licking your bottom lip as you cock your head up. “Okay is better than nothing.”

“We mostly spoke about my mother.”

“Oh?”

“She experimented on me and my siblings. She wanted us to become superheroes,” he said. His voice held much more confidence than anything he’d said so far, but his expression remained unchanged. It was because he kept words void of emotion.

“I see.” Yes, you did see. You had anticipated the topic of his mother coming up if you didn’t ask him about it first in future sessions. Dr Krill was listed in his files as a scientist at S.T.A.R. Labs, and having six children whom lived on site with her. CPC had been called a few times, rebuffed every time by various means other than being convinced nothing was wrong. The whole thing was fishy, especially after the untimely deaths of three of Dr. Krill’s children. The whereabouts of the other Krill children were unknown. All investigations into S.T.A.R. Labs had been terminated by higher powers, even after Abner’s arrest and psychological evaluation.

Abner continues, to your surprise. “I pictured Starro as my mother.”

“You did?”

“It makes it easier, when I convince myself that my enemy is her. I don't like killing.”

You pick up your pen and tap your lip, looking down at the way he was fidgeting his feet. “Did you regret killing your mother”

Abner’s knee stopped bouncing. “No.”

“Do you regret killing the other scientists at S.T.A.R. Labs? The--”

Abner grimaced and brought his hands to his head, tugging on fistfulls of black hair. “I-I didn’t mean--I-I--”

“Hey, it’s okay. You don’t have to answer that today,” you placate with a soft tone, putting down your pen, fingers rubbing along the edge of your clipboard. After a moment of heated silence, you set your things down on the desk and stand up. This makes your patient crumble in on himself, trying to hunch low enough to shield some blow. You smile sadly where he can’t see. “Abner, do you see my poster here? With all the emotions?”

He looks back up, glancing from you to said poster. His attention is answer enough.

“Whatever you feel in this room is valid to you and to me. Not now, but in the future I’d like for you to give me short but detailed descriptions to how you feel on certain things. It's okay to say something you think is taboo or unorthodox. This room doesn't have ears or a head to judge. Do you think you can do that?”

The couch makes no sound as he moves to better see the circle chart of words. Timidly, he nods.

“Great,” you smile sadly and sit back down. “Let’s get back to that later. Today, I’d like to talk about something other than your mother.”

Abner tilts his head. You must be doing something to exceed his expectations, because now he’s looking at you and not at you. “The Corto Maltese mission?”

“No. I want to know about you. I want to talk about Abner Krill. Who are you?”

His blank stare makes your heartache a little for him.

The following silence, where all you can hear is his ragged breath, the whirl of the monitor, and the soft mist of the incense humidifier, is thick. You can cut it with the tip of your pen. The sound of his voice as he speaks is almost staggering. "I am... I am my mother's son."

“No."

He flinches.

"Your mother does not define you. What you think about your mother and how you feel about her should not determine your sense of self or your future. You liked defeating that monster, right?”

Abner nods.

“You’re a superhero because you took action, not because she moved your hand. What you say here today, and any day, should be the same. Do you think you can do this for me?”

“I don’t understand…”

“I want to know the real Abner,” you smile. “Not Dr. Krill’s son.”

He still can’t make eye contact. The fidgeting starts back up. “But, what I am is because of her.”

“Not unless you choose otherwise. Starting today, you and I are going to help define Abner Krill. First, you are not your mother’s son.”

“But I am?”

“No. You are not your mother’s son. You’re Abner Krill, superhero. What does Abner Krill the superhero like to do?”

Understanding slowly started to dawn on him, visible in his eyes as he lifted his slanted brows. Recovering from trauma was no walk in the park, but the two of you had to start somewhere. Rooney over-fixated on Abner’s fixation on his mother and the abuse, and after years of obsessing over it to “fix” him, it seemed to become all Abner could think about. No one had really given him proper trauma recovery therapy, or helped to treat his PTSD. You wanted him to take the first step into self-evolution. No one could do it for him. You want him to define himself other than his mother’s son. Seeing himself as a superhero was perhaps the start of it.

“I-I don’t know,” he frowned. “I like to read…”

“That’s great!” Your enthusiasm startles him. “What sort of things do you like to read?”

“Well… Ah, I-I uh... I like the classics….”

The rest of your session with Abner was mostly casual. The safe topics you steered him to visibly made the man relax. He spoke about the fictional worlds he enjoyed immersing himself in. He liked the classics because they were “soft”. Sweet romances where the only real worries were who’s going to the ball. He didn't like tragedies or novels about war or great violence. With some coaxing, he opens up to talk about his favorite foods, animals, celebrities, songs-- You ask about his (non-virus related) talents or any hobbies he might’ve picked up at the prison or since he’s been out. Steering him away from the topic of his mother confused him in the beginning, leading you to assume he had anticipated mostly speaking about her. He’d been prepared like he might prepare to go into battle.

You know he won’t be able to just brush his mother aside; his virus was because of Dr. Krill. He blamed his 20+ years of incarceration at Belle Reve on his mother’s experimentations. He blamed himself. He hated her. He hated himself. Feared her. Feared himself. It was an inner wound that would never heal, you know this without a doubt, but you hope with time it becomes easier to manage as he takes control and independence of his new life.

“Did you ever go to school, Abner?”

The phantom smile on his face falls, but you haven’t lost him as he turns to you. Looks at your shoulder. “No. We--my siblings and I--were… homeschooled.”

“Right. Well, you at least know what homework is?”

“Yes. Of course. Am--Do you want me to--?”

With a hand gesture you hope is placating, you smile and gently cut him off. “Don’t worry, I’m not assigning you an essay to write or a month-long project to present. I’m not that cruel,” you chuckle. “But I am going to push you a little. Can you try that for me?”

He looks as if you’ve asked him to consider sacrificing his firstborn. Thankfully, he nods as he plucks a loose string off his knee.

“I want to see you biweekly, so schedule with Patrica upfront. Maybe this Friday or Saturday?”

“I-I can do that, yes ma’am.”

"Now, it's your choice to come back or not but it would make me really happy if you did."

His back straightens. "Yes. I'll be here."

“Beautiful, Abner. Beautiful. Sometime this week I’d like you to do something you normally wouldn't do. Go on a hike, join a gym, take a class on cooking or arts and crafts. It can be simply looking up a food recipe you’ve never tried before and making it. Tell me about your experience. If you’re around strangers, how is your relationship with them? If you see something new, how does it make you feel? This isn’t an order, Abner, just a… strong suggestion, mm? All I’m asking is for you to do something new and spontaneous. It can be at home or outside. Your choice.”

Abner licked his lips. It had taken a great deal of effort to convince him to come here at all today. Today is the first time speaking to him, but you’ve had his file for a few days now. You’re a little grateful for that. There was a lot to read. However, it took outside forces such as one Amanda Waller and fellow ex-prisoner teammates to get him to come here. You suspect someone dropped him off if he didn’t take a cab himself. He had no driver's license.

“Ah… Okay. Um, yes miss. Ma'am. Doctor! Ah--”

“You can call me by my name,” you reassure, tilting your head to him. “This is a safe space for you and I. We may be doctor and patient outside that door, but here, we can be as familiar with each other as we'd like. Like old friends.”

He turned to you with a look that sent a thunderbolt of sensation down your spine. Surprise, awe. A silent question gleamed in his puppy-dog eyes. He doesn't respond, brows raised high as he just stares at you.

You cover for his lapse. “I’ll see you in a few days. It was wonderful to finally meet you, Abner,” you say, looking at him without pretenses to hopefully show your honesty. He had an incredible gift that could help save a lot of people, and from what you've learned from recent character evaluations on him he had the makings of a fine superhero. First thing first, he needed to adjust to civilian life after years of being locked up, and years of having nothing but unresolved trauma. All the while, you hold back a rueful smile at his demeanor. You won't say it aloud of course, but he was so cute. Idly, you wonder about his sexuality- but you can ask that another day. For now you wanted him to be a little more daring to try new things and focus on something other than his mother.

You stand up and shake his hand. His grip is a little looser this time, lingering longer, but he moves away quickly, gathers his shoes, and you see him out. His scurrying reminds you of a startled elk. Large yet quick, stumbling over his long legs. Running from you as if you held a rifle instead of a purple glitter clipboard.

It was hard to believe this man had committed mass homicide.

[theliberaltony]

via FiveThirtyEight tells compelling data-driven stories about politics, sports and science.

The conventional wisdom is that a socially liberal, fiscally conservative independent presidential candidate — like, say, Howard Schultz, the former Starbucks CEO, who is considering just such a run — poses a threat to Democrats in 2020 by potentially dividing the anti-Trump vote. But there’s another possibility: that Schultz, or a candidate like him, could divide the pro-Trump vote instead.

I’m not going to purport to provide a comprehensive analysis of whether a Schultz-like candidate is more likely to help or hurt President Trump’s re-election chances, which is a question that can be approached from many angles. The answer will depend on what sort of candidate the Democrats nominate and what Trump’s political standing looks like late next year.

What we can do, however, is look back to 2016, when voters who are socially liberal but fiscally conservative also had to choose a presidential candidate.

Who did these voters, who are somewhere around 15 percent of the electorate, go for in 2016? The answer is complicated because it depends on which social and economic issues you look at: racial attitudes were more determinative of their presidential vote than views on gay marriage, for example. But according to the Cooperative Congressional Election Study, a comprehensive survey of more than 60,000 voters organized by Harvard University and conducted by YouGov, these voters were slightly more likely to vote for Trump than Hillary Clinton.

My approach in this story is fairly straightforward: I chose five questions on social issues and five questions on economic issues from the CCES, with the idea of pairing them up two at a time to see how voters who held both positions voted. For instance, how did voters who wanted to grant legal status to large numbers of undocumented immigrants (a socially liberal policy), but who also wanted to repeal the Affordable Care Act (a fiscally conservative policy), vote in 2016? And which of these issues had more influence on their vote?

Rather than predict exactly what Schultz’s platform would be — so far, he’s been short on detail, and it’s not clear that his candidacy is going anywhere anyway — let’s instead undertake a more general analysis of how socially-liberal-but-fiscally-conservative voters behaved in 2016. (If you do want more detail on Schultz’s stance on each issue, please click on the footnote after each item.) First, here are the five fiscally conservative positions:

Prioritizing the budget deficit: These are voters in the CCES who said the budget deficit is of “very high importance” to them.5

Favoring cuts to entitlement programs: Given a three-way choice, these voters said they’d prefer to cut “domestic spending (such as Medicare and Social Security)” rather than cut defense spending or raise taxes to balance the budget.6

Opposing a minimum wage hike: These voters said they were against raising the minimum wage to $12.7

Favoring Obamacare repeal: These voters favored repealing the Affordable Care Act.8

Opposing environmental regulation: These voters said they opposed strengthening enforcement of the Clean Air Act and Clean Water Act “if it costs U.S. jobs.”9

And these are the socially liberal stances I tracked:

Favoring gay marriage: These voters said they favored “allowing gays and lesbians to marry legally.”10

Favoring amnesty for immigrants who entered the country illegally: These voters favored granting “legal status to all illegal immigrants who have held jobs and paid taxes for at least 3 years, and not been convicted of any felony crimes.”11

Favoring abortion rights: These voters favored “always [allowing] a woman to obtain an abortion as a matter of choice.”12

Favoring gun control: These voters supported a ban on assault rifles.13

Thinking that white people benefit from their race: These voters strongly or somewhat agreed that “white people in the U.S. have certain advantages because of the color of their skin.”14

Next, here’s how voters15 who took each of these issue positions voted in 2016, according to the CCES, along with the share of the electorate that holds each position. There aren’t going to be any huge surprises here: Voters who took socially liberal positions tended to vote for Clinton, and those who held fiscally conservative ones mostly went for Trump.

Trump won fiscal conservatives; Clinton won social liberals

Share of all voters who took each position, and how each group voted in the 2016 presidential election

2016 Vote Fiscally conservative positions Share of Electorate Trump Clinton Other Prioritizes budget deficit 43% 70% 24% 6% Favors cuts to entitlement programs 39 70 24 6 Opposes $12 minimum wage 33 77 15 8 Favors ACA repeal 53 72 20 7 Favors jobs over environmental laws 44 73 21 6 2016 Vote Socially liberal positions Share of Electorate Trump Clinton Other Favors gay marriage 64% 29% 64% 7% Favors amnesty for illegal immigrants 56 26 67 7 Favors abortion rights 61 27 67 6 Favors gun control 67 29 65 5 Thinks whites benefit from race 54 17 76 7

Estimates of vote shares are weighted based on weights recommended by the CCES.

Source: Cooperative Congressional Election Study

Like I said, no huge surprises — although there are a couple of things worth your attention. One is that more people than you might think voted for Trump despite holding at least some socially liberal positions: Clinton won voters who favor abortion rights by “only” a 67-27 margin, for instance, and won those who back amnesty for undocumented immigrants only 67-26. Conversely, slightly fewer voters with fiscally conservative views were willing to defect from Trump: He won voters opposed to the $12 minimum wage 77-15, for instance. The big exception to this pattern was the question on race, which was more determinative of voting than the other social issues; voters who thought white people have advantages because of their race went for Clinton by an overwhelming 76-17 margin.

But what happens when we start pairing these positions together? Between the five socially liberal positions and the five fiscally conservative ones, there are 25 possible combinations of positions, taken two at a time. And in the rather long table below, I’ve shown how voters who held each of those combinations voted in 2016:

Who won fiscally conservative, socially liberal voters in 2016

Share of voters who took each combination of positions, and how each group voted in the 2016 presidential election

2016 Vote Combination of positions Share of Electorate Trump Clinton Other Prioritizes deficit + Gay marriage 19% 49% 46% 5% Prioritizes deficit + Amnesty 15 44 49 7 Prioritizes deficit + Abortion rights 18 48 47 5 Prioritizes deficit + Gun control 21 50 45 5 Prioritizes deficit + Race helps whites 14 34 58 7 2016 Vote Combination of positions Share of Electorate Trump Clinton Other Cut entitlements + Gay marriage 17% 55% 37% 8% Cut entitlements + Amnesty 14 51 41 8 Cut entitlements + Abortion rights 15 51 43 6 Cut entitlements + Gun control 18 53 41 6 Cut entitlements + Race helps whites 12 37 55 8 2016 Vote Combination of positions Share of Electorate Trump Clinton Other No $12 minimum wage + Gay marriage 14% 60% 28% 12% No $12 minimum wage + Amnesty 11 58 29 13 No $12 minimum wage + Abortion rights 12 59 31 10 No $12 minimum wage + Gun control 13 61 31 8 No $12 minimum wage + Race helps whites 7 43 43 14 2016 Vote Combination of positions Share of Electorate Trump Clinton Other Repeal ACA + Gay marriage 24% 59% 31% 10% Repeal ACA + Amnesty 19 57 34 9 Repeal ACA + Abortion rights 22 57 35 8 Repeal ACA + Gun control 25 60 34 7 Repeal ACA + Race helps whites 16 43 47 10 2016 Vote Combination of positions Share of Electorate Trump Clinton Other Jobs > environment + Gay marriage 19% 58% 34% 8% Jobs > environment + Amnesty 16 54 38 8 Jobs > environment + Abortion rights 17 54 39 7 Jobs > environment + Gun control 19 56 38 6 Jobs > environment + Race helps whites 12 39 53 9 2016 Vote Combination of positions Share of Electorate Trump Clinton Other Average of all 25 combinations 16% 52% 40% 8%

Estimates of vote shares are weighted based on weights recommended by the CCES.

Source: Cooperative Congressional Election Study

For most of the combinations, Trump won more of these voters than Clinton, but before we really get into the conclusion about which party’s voters Schultz or someone like him might poach, there are a couple hints in this data about the size of a potential market for a Schultz-like campaign. One is that, depending on which combination of issues you choose, an average of about 16 percent of the electorate holds both fiscally conservative and socially liberal positions. That’s not a terribly large constituency. It’s smaller than what you’d get if there was no correlation between social and fiscal conservatism and voters were equally distributed between four quadrants.16 The CCES data produces is a slightly larger estimate for the size of this population than other researchers have found, but it still isn’t anywhere near a winning coalition unto itself.

We do see, however, that it is a natural group for independent or third-party candidates to pursue. On average between the various issue combinations, 8 percent of socially-liberal-but-fiscally-conservative voters went for candidates other than Clinton and Trump in 2016, a bit larger than the overall third-party vote in 2016, which was around 6 percent.

But the headline is that, when choosing between the major-party candidates, these voters were more likely to go for Trump than Clinton. Among the 25 combinations of socially liberal and fiscally conservative views, Trump won the most votes 19 times, Clinton did so five times, and there was one draw. And on average between the 25 combinations, Trump won 52 percent of the vote to Clinton’s 40 percent. That’s not a huge margin: a 12-point edge among 16 percent of the electorate. But it adds up to enough voters that, if all of them had gone for a third party instead, Clinton would have won Michigan, Pennsylvania, Wisconsin and Florida, and therefore the Electoral College.

The big exception to the pro-Trump trend was the question on race, which tended to outweigh every other issue. For instance, among all voters who wanted to cut entitlement programs to balance the budget, Trump won 70-24. But among voters who want to cut entitlements and who think white people have an advantage because of their skin color, Clinton won 55-37.

An alternative approach is to look at which set of issues — fiscal views or social views — had influence on people’s votes by performing a series of regression analyses. Without getting too technical, this is probably more robust than the method I used above because it’s less dependant on the overall popularity of a particular policy view and instead reveals more about how two views compare to one another. With that said, it yields fairly similar answers, so feel free to skip ahead to the (brief) conclusion at the end.

Specifically, I ran a series of probit regressions to estimate the probability that a voter chose Clinton or Trump17 for each of the 25 combinations of policy positions. For instance, one of the regression models estimated the probability that a voter selected Clinton or Trump based on whether or not they support gay marriage and whether or not they wanted to repeal the ACA. I also ran a series of regressions that again tested the policy positions but controlled for whether or not the voter was white and whether or not he or she had a college degree.18 The results are detailed in the table below.

Were fiscal issues or social issues more influential in 2016?

How powerful each combination of positions was in predicting 2016 vote choice according to two models: Model A, which does not control for race or education, and Model B, which controls for both

Regression coefficient by issue Model A Model B Combination of positions Fiscal Social Fiscal Social Prioritizes deficit + Gay marriage 0.87 1.26 0.96 1.39 Prioritizes deficit + Amnesty 0.96 1.30 1.03 1.31 Prioritizes deficit + Abortion rights 0.91 1.35 0.99 1.37 Prioritizes deficit + Gun control 0.91 1.58 0.99 1.60 Prioritizes deficit + Race helps whites 0.88 1.80 0.94 1.72 Regression coefficient by issue Model A Model B Combination of positions Fiscal Social Fiscal Social Cut entitlements + Gay marriage 1.04 1.02 1.09 1.13 Cut entitlements + Amnesty 1.02 0.99 1.07 0.97 Cut entitlements + Abortion rights 1.00 1.10 1.06 1.09 Cut entitlements + Gun control 0.98 1.14 1.04 1.15 Cut entitlements + Race helps whites 0.92 1.57 0.97 1.45 Regression coefficient by issue Model A Model B Combination of positions Fiscal Social Fiscal Social No $12 minimum wage + Gay marriage 1.33 0.99 1.29 1.10 No $12 minimum wage + Amnesty 1.30 0.95 1.28 0.94 No $12 minimum wage + Abortion rights 1.27 1.07 1.25 1.06 No $12 minimum wage + Gun control 1.24 1.08 1.21 1.09 No $12 minimum wage + Race helps whites 1.16 1.51 1.16 1.41 Regression coefficient by issue Model A Model B Combination of positions Fiscal Social Fiscal Social Repeal ACA + Gay marriage 1.84 0.80 1.84 0.92 Repeal ACA + Amnesty 1.85 0.81 1.87 0.80 Repeal ACA + Abortion rights 1.82 0.91 1.84 0.90 Repeal ACA + Gun control 1.80 0.91 1.82 0.94 Repeal ACA + Race helps whites 1.67 1.31 1.71 1.19 Regression coefficient by issue Model A Model B Combination of positions Fiscal Social Fiscal Social Jobs > environment + Gay marriage 1.29 0.93 1.27 1.06 Jobs > environment + Amnesty 1.29 0.93 1.28 0.91 Jobs > environment + Abortion rights 1.26 1.04 1.26 1.03 Jobs > environment + Gun control 1.22 1.04 1.22 1.05 Jobs > environment + Race helps whites 1.10 1.45 1.12 1.34 Regression coefficient by issue Model A Model B Combination of positions Fiscal Social Fiscal Social Average of all 25 combinations 1.24 1.15 1.26 1.16

All correlations are shown as absolute values (positive numbers).

Source: Cooperative Congressional Election Study

Don’t worry much about the technical interpretation of the numbers (coefficients) in the table; it’s their relative value that counts. In fact, they produce some fairly clear conclusions about which issues tended to influence how people voted:

The question on racial attitudes, as already mentioned, was an especially strong predictor of voting behavior. Its influence diminishes slightly if you control for the voter’s race, but it still beats all the fiscal issues, except for …

Obamacare. Views on repealing the ACA had the largest influence of all, beating even the racial question. Health care was a huge issue in 2016, as it was again in 2018 and as it will probably be in 2020.

Prioritizing the deficit, which is one of Schultz’s central points of emphasis so far, was one of the least influential factors.

Perhaps more surprisingly, views on immigration were not that important either, as the question on amnesty was the least influential of the five social issues.

On average, this method produces a more equivocal result than the one I reported earlier. Which social issues and which fiscal issues you choose matters a lot, with race (social) and health care (fiscal) being especially important. Still, the fiscal issues were slightly more influential, on average. Among the 25 pairings testing a fiscal issue against a social issue, the fiscal issue “won” (was more influential) 15 times and the social issue won 10 times in the basic version of the model. In the version that controls for race and educational status, the fiscal issue won 14 times against 11 times for the social issue.

But again, my goal here is not necessarily to convince you that a Schultz candidacy would certainly hurt Trump. Rather, it’s to discourage you from giving too much credit to the conventional wisdom, which asserts without much evidence that the opposite is true. Voters who are fiscally conservative but socially liberal — about 15 percent of the electorate — are often swing voters, rather than definitively being in one party’s coalition. In 2016, these voters swung slightly toward Trump, at least according to the CCES, which was perhaps enough to give him his Electoral College majority given that his margins in several decisive states were extremely narrow. Maybe they swung toward Democrats in last year’s midterms — the 2018 version of the CCES isn’t available yet — and maybe they wouldn’t be inclined to vote for Trump in 2020. But the effect of a Schultz-like candidacy is less predictable than what the pundits are telling you.

[dailynewswebsite]

Supreme Court dismisses company’s cruel and unusual punishment claim

The Supreme Courtroom of Canada's latest choice has put a halt to any authorized claims that there's no distinction between companies and folks. THE CANADIAN PRESS/Adrian Wyld

In January 2020, the Supreme Courtroom of Canada heard a case that made headlines as a result of it raised a provocative query: Can companies be topic to merciless and weird punishment?

Learn extra: Supreme Courtroom: Can a company be subjected to merciless and weird punishment?

Whereas the query may strike the strange particular person as amusing, by the point the Legal professional Common of Québec vs. 9147-0732 Québec Inc. case arrived at Canada’s prime court docket, the stakes have been excessive. That’s as a result of some established parts of company and felony regulation have been thrown into doubt when the case was determined by a 2-1 majority) of the Québec Courtroom of Attraction in favour of a Québec contracting firm.

The corporate had challenged what it thought was an unreasonably excessive obligatory minimal wonderful that it claimed might push it out of business. It argued the wonderful, upwards of $30,000, was an over-the-top consequence for doing renovation work and not using a allow opposite to the province’s Constructing Act.

In an effort to assist its declare that the wonderful match throughout the standards for Part 12 of the Canadian Constitution of Rights and Freedoms — particularly that it was grossly disproportionate — the corporate argued it was merciless as a result of a chapter would have a major unfavourable impression on shareholders and workers who trusted the enterprise for his or her livelihoods.

Large stretch

This argument appeared a giant stretch based mostly on present regulation. It was stunning subsequently when two of three Québec Courtroom of Attraction judges agreed with the corporate, discovering that nothing within the textual content of Part 12 precluded the inclusion of companies.

The bulk held that the safety in opposition to merciless and weird punishment will not be inextricably tied to defending human beings from degrading and inhumane remedy. They didn’t see an issue with extending safety to companies if penalties inflict harm on the individuals concerned with a company.

The dissenting decide disagreed and mentioned that the lengthy historical past of the safety in opposition to merciless and weird punishment confirmed that the very core of Part 12 is about defending human dignity.

The Supreme Courtroom justices agreed with the dissenting Québec decide and unequivocally rejected the notion that Part 12 might ever apply to non-human entities. In assist of its ruling, the court docket referred to a number of landmark circumstances determined within the early days of the Constitution, together with the 1987 choice of Irwin Toy Ltd vs. Legal professional-Common of Québec.

Prof. Anna Lund of the College of Alberta explains the Irwin Toy choice in January 2020.

Within the more moderen case, the Supreme Courtroom dominated:

“Merely put, the textual content ‘merciless and weird’ denotes safety that ‘solely human beings can take pleasure in’ …. The protecting scope of Part 12 is thus restricted to human beings …. And the existence of human beings behind the company veil is inadequate to floor a Part 12 declare of proper on behalf of a company entity, in mild of the company’s separate authorized character.”

The court docket additionally rejected the argument that the impression on an organization’s stakeholders ought to be thought of when figuring out the scope of Part 12.

Shuts the door to future challenges

The ruling is necessary.

First, by firmly closing the door to Part 12 challenges by companies, we keep away from injecting pointless uncertainty into the prosecution of companies for regulatory offences. Lots of these offences carry vital fines, restricted to companies, as a way of selling higher compliance with legal guidelines designed to guard the general public curiosity, similar to these mandating office well being and security requirements and environmental protections.

Supreme Courtroom of Canada Chief Justice Richard Wagner gestures as he responds to a query throughout his annual information convention in June 2020 in Ottawa. THE CANADIAN PRESS/Adrian Wyld. THE CANADIAN PRESS/Adrian Wyld

Second, by rejecting the notion that the prospect of chapter (and its results on individuals) is related to Part 12, the Supreme Courtroom has not directly affirmed a key precept of company sentencing established in 2013 by the Ontario Courtroom of Attraction within the Metron case.

Metron was a development firm prosecuted for felony negligence inflicting dying following the collapse of a swing stage on a development web site in Toronto in December 2009. 4 males died and one was completely disabled as a result of they weren’t sporting lifelines as required by regulation. Metron pleaded responsible, however the Crown and defence disagreed considerably on the quantity of the wonderful.

The trial court docket imposed a decrease wonderful partly due to the corporate’s poor monetary state of affairs. The Ontario Courtroom of Attraction disagreed, ruling that the chance of chapter is irrelevant when deciding what quantity of wonderful is an applicable punishment. The Supreme Courtroom’s ruling on the Québec contracting firm subsequently nips within the bud the doubt the Québec Courtroom of Attraction choice had solid upon the Metron choice.

Lastly, by concluding {that a} company couldn’t level to the collateral harm a wonderful may trigger to its workers and different stakeholders to make its case, the Supreme Courtroom has clearly adhered to the present state of company regulation that disregards company character solely in uncommon circumstances.

By doing so, the Supreme Courtroom has quelled any fears that this case may weaken this cornerstone precept of company regulation, together with underneath the Canada Enterprise Companies Act, by blurring the usually sharp line drawn between the company and its human stakeholders.

Jennifer Quaid holds analysis grants from the Social Sciences Analysis Council of Canada. She is a member of Transparency Worldwide Canada and sits on its authorized committee.

from Growth News https://growthnews.in/supreme-court-dismisses-companys-cruel-and-unusual-punishment-claim/ via https://growthnews.in

[anarchistnewsdaily]

News Highlights: December 10th 2017 - December 17th 2017

In case you didn’t see, hear, or do it yourself these are some events that took place during the last week. Smashy: Valparaíso, Chile: Barricades and Clashes outside Playa Ancha University for Black December With the anarchist, Angry Pelao and the Brujo (Sorcerer)**, present in every revolt, in every street clash, we went out to sharpen the gestures of memory and solidarity with the prisoners in a confrontational and permanent war against the State, patriarchy and capital, therefore we send a warm and complicit embrace to the comrades Juan and Nataly who are being judged by the power in the so-called ‘Bombs Case 2’, and to the comrades who are in the sights of power and the press in Valparaíso for the case of May 21st. 

Thessaloniki, Greece: Incendiary Attack Against Hellenic Telecommunications Organisation (OTE) for Black December (Eng/Esp)

“So we returned to attack the telecommunications company OTE, continuing our anti-technology campaign. At dawn on December 14th, we placed an incendiary device in the OTE antenna system in Seych Sou.“

Santiago, Chile: Explosive Attacks Against the Headquarters of the Socialist Party and the Radical Social-Democratic Party by Antagonistic Nuclei of the New Urban Guerrilla | anarchistnews.org

Wanting to be precise and concise, through this statement we claim responsibility for the placement of explosive devices at the headquarters of the main parties of the new majority, corresponding to the ‘Socialist Party’ and the ‘Radical Social-Democratic Party’ located at number 873 Paris street and number 57 Londres street respectively. Given the facilities of the physical space in which both foul organizations are located we saw the possibility of carrying out simultaneous attacks, violating both the security and the internal surveillance of the parties, after the announcement two weeks ago from the government by the human waste that is the interior minister, Mahmud Aleuy, following the placement of explosive devices at the headquarters of the ‘PPD’ (Party For Democracy) and the ‘PDC’ (Christian Democratic Party).* With the above, we want to state that we are capable of violating their methods, strategies and security agents and that we do not fear their words or their methods of repression.

Earth Liberation:

Tacoma, WA: "Block the Gates!" Lockdowns Continue Against LNG at Port - It's Going Down

“At around 6:30 this morning, three protesters locked themselves down to tripods blocking the gates of the site. Workers eventually found their way in to work, though, and when reached by phone, the protesters were in the process of taking the tripods down.”

Nebraska: Rail Line Disruptions In Solidarity with Anti-Extraction Struggles - It's Going Down

During this week we attached wire and jumper cables to the main Union Pacific rail line running through the state of Nebraska to disrupt rail signals and delay trains that mainly carry coal from the mountainous west to population centers in the east.

International Direct Action Against French Stag Hunt | Earth First! Newswire

Hunt Saboteurs from Croydon and Kingston joined the first major international action of its kind that saw nearly 60 Hunt Saboteurs from 6 different countries descend on the notorious Futaie des Amis Stag Hunt in the Foret de Compiegne, Picardy, Northern France.

Hambach Forest, Germany: 400 people in December 10th Demonstration

Today’s walk in the Forest has attracted over 400 people reflecting a wave of popular support sweeping not just the region but all of Germany and from around the world.

Hudson Valley Earth First! Maintain Tree Sits to Stop Valley Lateral Pipeline—Day 2

WAWAYANDA, New York- December 10 2017- Members of Hudson Valley Earth First! have established tree sit blockades in the path of the Valley Lateral Pipeline to stop its construction and to save the forest. On December 8th, 2017, Millennium Pipeline Company started clearing trees for the Valley Lateral Pipeline, which would connect fracked natural gas from the existing Millennium Pipeline to the scandal-ridden, toxic Competitive Power Ventures (CPV) Power Plant.

Banner Drops:

Durham, NC: Banner Drop for Abdul Burnette & Against New Police HQ - It's Going Down

Not a banner of or in favor of the law, but an abolitionist demand for liberation from and beyond the limits of law. It reads: “FUCK THE COVERUP, FUCK THE POLICE, FEAR THE PEOPLE FREE ABDUL BURNETTE.” 

Virginia: On Eve of ACP decision, Banner Dropped at Board Member's Home - It's Going Down

Heather might be in Richmond for all we know, but in the morning, whoever drives the blue BMW SUV in her Norfolk, Va mansion’s driveway will probably give her a call to let her know that a witchy-ass banner calling her and all her fellow board members out was hung from their front porch for their neighbors to see. 

Banner Drop Against Columbus Murals at University of Notre Dame - It's Going Down

“South Bend, Indiana”—Studying for their final exams, University of Notre Dame students in the library on Friday morning looked up and saw a banner unfurled from the second-floor balcony. The banner proclaimed,THIS IS POTAWATOMI LAND! FUCK THE KKKOLUMBUS MURALS! Repression: Athens, Greece: Solidarity Fundraiser for an Anarchist Prisoner Arrested on the 6th of December

On the night of the 6th of December a comrade was arrested during the demo and he is now accused of throwing molotov cocktails at the cops. He is now facing years in prison if he doesn’t pay the 3000 euro fine he got sentenced to by the justice. He doesn’t have the money to pay the 3000 euro bail. So we are gonna throw a solidarity party next weekend to try to raise money for the case but we are scared that there wont be enough money to be able to avoid prison for him. 

Judge Sides with Big Oil in Maine Pipeline Case

In a case that has national ramifications, a federal judge has ruled against the city of South Portland, Maine, in its latest effort to stop the coastal town from becoming a destination for Canadian tar sands oil.  The case centers around an existing pipeline owned by oil companies ExxonMobil, Shell, and Suncor. 

Argentina: Immediate Freedom for Susana Vidal, Library Teacher & Tireless Fighter Against all kinds of Injustice (Esp/Eng)

The comrade Susana is also a delegate of Ademys (teachers union in Buenos Aires) and was arrested in the early hours of the morning while demonstrating solidarity with one of the detainees as a result of the brutal repression carried out by the government yesterday, when the people came out to fight combatively against the reform pension. Together with Susana, they detained 3 more comrades.

Anarchist Perspectives on Net Neutrality

Yesterday, the FCC voted to repeal Net Neutrality. Without those protections, private corporations—and the class that controls them—can shape what information is available to people according to their own interests. Imagine a future in which the content widely available on the internet is comparable to what you could watch on network television in the 1980s! Today, the flows of information on the internet are almost identical with our collective thought processes: they determine what we can discuss, what we can imagine. But the fundamental problem is that the internet has always been controlled by the government and corporations.

Judge Dismisses “Inciting a Riot” Charge against All Six Defendants; More Connections Between Pemberton and far-Right - It's Going Down

Yesterday, DC Superior Court Judge Lynn Leibovitz dismissed the felony charge of inciting a riot against six defendants currently on trial in a widely watched case involving 194 people arrested at Inauguration Day protests on January 20.

Update on NATO 3 Appeal Hearing - It's Going Down

Yesterday, the NATO3 were back in court to appeal their convictions following their arrests in May 2012. While the NATO3 and their legal team beat the more serious terrorism charges in their original trial, they were each found guilty of two counts of mob action, possession of incendiary devices with intent to commit arson and possession of incendiary device with knowledge someone else intended to commit arson on February 12, 2014. 

Atlanta, GA: Update on Food Not Bombs Repression - It's Going Down

City representatives refused to show up. They were too ashamed to even face us in their own court. The bogus charge was dismissed without so much as a hearing. This confirms that the crackdown was never about the law, it has always been nothing more than a campaign of intimidation designed to bully homeless people and those who aid them. Already, officials are researching other ordinances they can use to repress us.

Rio de Janeiro, Brazil: Bad News! Rafael Braga Remains Imprisoned! (Port/Esp/Eng)

By 2 votes to 1, Rafael remains imprisoned and his sentence was kept as well as the penalty of 11 years. Only one of the Judges voted for the acquittal only of the accusation of association with the traffic, but was defeated. As one vote diverged from the decision, the discussion could be taken to another chamber in the coming months.

Criminalizing Dissent: After Proving "Mere Presence" J20 Prosecution Rests Case - UNICORN RIOT

Judge Leibovitz has scheduled further hearings this week, without jurors present, for both sides to argue outstanding issues with new evidence exhibits. Jurors may have the case as soon as Friday, and by all accounts deliberations are expected to begin, and possibly end in a verdict, next week.

Turkey: Kurdish anarchist caught up in Gülenist purge | anarchistnews.org

Our friend İshak has been arrested as a member of the Islamic, pro-capitalist Gülen movement. In the pre-dawn hours of October 2, special ops police raided his Istanbul home, where they beat him before taking him into custody. İshak, a Kurdish self-identified anarchist and atheist, was later charged with downloading a messaging app used by the movement called Bylock in 2014.

Ishak denies the charges, as well as any ties with the Gülenists, and allegedly, the state has yet to present substantial evidence supporting its claims.

An Activist Stands Accused of Firing a Gun at Standing Rock. It Belonged to Her Lover— An FBI Informant

AS LAW ENFORCEMENT officers advanced in a U-shaped sweep line down North Dakota Highway 1806 last October, pushing back Dakota Access opponents from a camp in the pipeline’s path, two sheriff’s deputies broke formation to tackle a 37-year-old Oglala Sioux woman named Red Fawn Fallis. As Fallis struggled under the weight of her arresting officers, who were attempting to put her in handcuffs, three gunshots allegedly went off alongside her.

Three Catholic Workers Cited for Trespass in Duluth, MN

Three Catholic Workers gained entry into the Enbridge Energy Duluth MN office to deliver a citizen’s letter of complaint

Naples, Italy: Repressive Operation Against FAI/FRI

Naples prosecutor Catello Maresca, in charge of an investigation on subversive association linked to FAI/FRI, demanded that twenty anarchist comrades be arrested and the Centro Studi Libertari, the place of anarchist group Louise Michel, and the 76/A anarchist space to be shut down..As an investigating judge rejected the prosecutor’s demand, the latter has made appeal; this will be held on 14th December at the court of review in Naples.

Athens, Greece: Pola Roupa and Nikos Maziotis continue hunger strike in Koridallos prisons « Contra Info

On December 6th (on the 26th day of their hunger strike), Roupa and Maziotis were finally discharged from the hospital and returned to Koridallos prisons, determined to continue their hunger strike until their demands are met (among other things, they request extended visits with their six-year-old child).

Zurich – Fermento anarchist bookshop raided | anarchistnews.org

On Thursday November 30th, at around 4pm, a dozen plain clothes and uniformed policemen from the cantonal police entered the premises of anarchist bookshop Fermento, on Josefstrasse 102 in Zurich, armed with a search warrant. The alleged crime: “Public instigation to commit crimes and acts of violence”.

Antifa

Michigan: All out to Stop Richard Spencer at U of M - It's Going Down

Students at U of M have been walking out of classes and occupying offices, building the movement to stop the Fascist, Richard Spencer, and his supporters from coming to U of M to attack Black students, Muslim students and all who oppose him. The administration of U of M, the Board of Regents, the cops and the government are complicit with Richard Spencer and do nothing to stop racist attacks or to defend students under attack.

What Happened In Portland: Joey Gibson’s Assault Victim Speaks Out - It's Going Down

And then, out of nowhere, Joey Gibson comes up behind me, and restrains me, forcing me to the ground. I didn’t realize it was him at first, I thought it was an actual police officer, so I complied. All of the fash started crowding around us, and I was scared I was going to be trampled. Then I heard him say something about citizens arrest, trying to say I had a warrant.

Patriot Prayer’s Anti-Immigrant Hate Rally Brings out the Fascists in Droves

Since Joey Gibson began organizing rallies in the Pacific Northwest, he’s sought to create a united front on the far-Right which has offered space to neo-Nazis, the Alt-Right, and white nationalists. During the recent demonstrations that took place in a handful of US cities on December 9th against sanctuary cities including in Portland, Rose City Antifa documents how this trend is not only continuing, but seemingly growing. For further news check out: Anarchist News Daily

For anarchist podcasts, lectures, and audiobooks check out: F Yeah Anarchist Audio

For anarchist videos check out: F Yeah Anarchist Video

[riotactquotes]

Great Britain, History of the Proceedings and Debates of the House of Commons, 1796

Page 114: That the magistrate should be empowered to apprehend any persons whose conduct should seem calculated for those purposes, and that any resistance to the authority of a magistrate so acting, should be deemed felony in every person concerned in it. — That, on perceiving the proceedings of such meeting to be tumultuous and leading to the bad consequences he had already mentioned, the magistrate should have power similar to that which he had already by the Riot act, to disperse the assembly; and that, after reading the Riot act, and ordering them to disperse, any number of persons remaining should, as by the Riot act, incur the penalty of the law, that of felony. This power to be given to the magistrate was, in his view of the subject, absolutely necessary; but it appeared to him still to leave the free exercise of the right of petitioning [At these words there was a cry of hear! hear!] This power, h would repeat, it was absolutely necessary to delegate to the magistrate in order to guard against the abuse of the right of petitioning, and to preserve the public peace and tranquility.

Page 138: In order to quality those Magistrates for the task which the worthy Baronet has assigned them, it will first be necessary to give them integrity; secondly, independence; and lastly, ability to detect misrepresentation, and refute unfounded arguments, the consequence of all which must be, to take from them the only thing which thy now possess, their salaries. But the Magistrates, it seems, are to attend, accompanied by their constables. In this case fair argument had but little chance. If a Speaker, when interrupted by the Magistrate, said, “You have not heard me out, allow me to explain myself,” and the Magistrate did not choose that he should proceed, immediately the Riot Act was read, the constables interfered, and the meeting was forcibly dissolved. And this was what gentlemen called, “setting a man to rights,” that is to say, “knocking him down.” Upon my word, such nonsense can scarcely be made a subject of serious argument. As it is the nature of man always to resist oppression, how many Magistrates all be wanted, in order to carry into effect this new system? Will it be necessary, as, to the disgrace of the service, it was with respect to surgeons’ mates for the army, to advertise, “Wanted a number of Magistrates,” etc.

Page 168: The honourable gentleman said, that their demeanor was peaceable and orderly; but the honourable gentleman’s appearance for the moment might have sufficient weight to suspend the operation of wickedness. While gentlemen of fortune and talents attended their meetings, they might be willing to conceal the blackness of their designs; and to declare, for the purpose of deceiving, that their aim was honest and constitutional. He wished to ask the House, was not the general notoriety enough to justify them in the measure? Was not this ground in the Riot act? “Look,” said he, “to the precedents of the House, you will find that the general notoriety was all on which the bill in that instance was founded; and yet the measure was agreed to in that House nem. con. What were we to think of the conduct of our ancestors in the gunpowder plot? Did they go into evidence about that plot? Had they done so, the House of Commons ought to have been gunpowder proof. Such was the case before the House: the notoriety was such, that going into proof would be ridiculous — for, were not the Parliament of Copenhagen House, Westminster, and elsewhere, suppressed, the freedom of debate in that House would be soon over — the British Parliament, as consisting of King, Lords, and Commons, would be crushed forever.

Page 189: He then took notice of the Riot act. That act was passed without any inquiry, upon the notoriety of the case, that mischief might arise which required the adoption of such provisions, as were specified in the clauses of that act. What was the situation of the country at that time? There were some persons who were inimical to the King upon the throne. They wish to remove the King, and to put another upon the throne in his place. The danger apprehended at that time was nothing to that which was now to be dreaded. Had the family of Stuart been placed upon the throne, the whole of the Constitution would not have been destroyed; the property of every individual would not have been wrested from him; personal distinction would not have been sacrificed; and some security would have remained for the form of our Government continuing.

Page 196: He would observe also, that the meetings which the bill was framed to discourage were those where vast crowds were assembled. Even this practice was prohibited by existing laws, by which tumultuous petitions were prohibited. If meetings were held in defiance of the enactment of the present bill, the assembly would be unlawful, and might be dispersed by the magistrate, in the same manner as he is now entitled to disperse a mob under the Riot act. To prevent destructive views from being prosecuted under specious pretexts, the magistrate was empowered to exercise a certain discretion in judging of the tendency of the proceedings, and authorized to put an end to the meeting. The public peace required such a measure to be adopted, in consequence of the extravagant attempts these meetings had encouraged, and the flagrant abuses of them which had been committed. 

Page 208: Mr. MILBANKE said he should oppose the second reading of this bill, because the Riot act already authorized magistrate, mayor, or sheriff, to disperse any meeting composed of twelve persons or more, suspected of assembling for tumultuous purposes, and if those persons did not immediately disperse, when so command, they were guilty of felony. He was afraid that the bill might be made use of for bad and pernicious purposes, and to sanction the introduction of many abuses into the state; and upon the principles, convinced that there was already a strong and satisfactory ready to every probable evil, of the nature advert to in the bill, to be found in the law as it now stands, he would not detain the House any longer, but give his decided negative to the question.

Page 227: He granted that the bill was enacted with particular circumstances of solemnity, and that from it the present family derived their right to the throne, but still it was a bill originating from the wisdom of Parliament, and subject to their discretion, and liable to be revised or altered as circumstances might require. He remarked particular occasions in which circumstances of convenience had induced a deviation from the principle of this bill. Some of the clauses of the Riot act were inconsistent with its provisions, and in 1745, the loyal Highland clans were disarmed, as well as the others, in order to guard against the danger of the throne, from the spirit of rebellion lurking in that quarter.

Page 438: Mr. Sheridan said, he meant not to propose any clause; he, on the contrary said, he should oppose the whole of the bill; what h said was to show its absurdity, and also to give notice of the ground on which he should oppose the bill in its future stages. On the clause which subjects the company to the penalties of the Riot act, if they continue for one hour after proclamation made for their dispersion, the Solicitor General proposed to fill up the blank with stating the offense to be felony without benefit of clergy, and that the persons so remaining shall consequently suffer death.

Mr. Stanley contended, that the punishment of death was too severe, and suggested the milder punishment of simple felony, or misdemeanor.

Mr. Mainwaring did not approve of the clause. He took occasion to allude to the Riot act, which, he said, had never produced much good effect.

Page 528: General Smith expressed his regret at having drawn upon him such a censure, and wished that the word “pertinaciously” had not been made use of. He then proceeded in his remarks upon the bill. If it should be found, he said, that the advocates for the measure had, in the strongest manner, at a former period, confirmed the right of the people to petition, it would be a matter of infinite regret to everyone that such a bill as the present should have been adopted. With respect to the corrections that had been made in the bill, he did not receive them as boons from the Ministers, for h was sure they would not have ben made if the voice of the pool had not rendered them necessary. Upon the full view of the bill, he saw sufficient ground to be alarmed for the happiness, tranquility, and freedom of the country. Persons would be liable to penalties without knowing that they had committed any crime. — The bill had been compared to the Riot act, and merit had been assumed because it was said that the bill was not worse than that act. — He denied the assumption. — In the Riot act it was provided, that the magistrate should come as near as possible to any meeting.

Page 529: Why had not the same provision been introduced into this bill? Instead of such a provision, the magistrate might go into a neighboring field or highway, and read the Riot act, and nineteen out of twenty persons, if the meeting were numerous, might not know that the Riot act had been read. The bill ought, he contended, to have been divided into two bills. There might be many persons who might think that part of the bill should be adopted, but who could not accede to all the provisions introduced into it. It ought, therefore, to have been dividd into two bills.

Page 546: But the honorable gentleman state, that the Justice came to the meeting merely to watch the proceedings, that he was to wait till he heard the name of the person who had expressed himself seditiously, and then what harm was there if he should arrest the person? Gentlemen seemed to think that they had gained a great point, by having inserted in the bill the words, willfully and advisedly. They did not recollect that this might afterwards b a fit question for the consideration of a Jury; it was precisely the circumstance of which the Magistrate could not judge on the spur of the moment. Was it nothing new that every debate of Englishmen should be watched and controlled by a Magistrate! In the Riot Act, the expressions which gave to the Magistrate his authority were “authorized, empowered and required.” In the present bill Ministers dared not insert the word required. They were well aware that no person of independent character, or of right feelings, would choose to put himself in the situation of relating the proceedings of a public meeting; and in what a situation must the person be who is obliged in the course of speaking to examine the countenance of a Magistrate, to observe his nods and looks, in order to discover to what degree he meets his approbation, or how far he may proceed with safety to himself! Another question was, what was to be done with the man after he was seized? Mr. Sheridan referred to the Riot Act, the principles of which had, in his opinion, been mistaken when it was referred to or quoted as applicable to the present case. — According to the Riot Act, the person who was guilty of a treasonable tumult was found not only in the meditation, but in the very commission of the criminal act. It was necessary to arrest his hands, and to prevent him from the power of doing farther mischief. But was there that exigency, that pressure in the present as, which required a similar principle to be adopted? By this bill the magistrates were empowered to seize men whose sentiments they should disapprove, and if they resisted, to command that they should separate, under the penalty of military execution. But Mr. Sheridan put the case, that they might refuse to separate, not tumultuously and riotously, but quietly and peaceably.

Page 547: On what pretext would the Magistrate then be able to enforce the law? He need not observe, that the Riot Act was brought in during the time of a rebellion, when danger was apprehended, not from loose societies, but from a considerable body of gentlemen, whose numbers were supposed to amount to one-third, if not a larger proportion of the country, disaffected to the existing government, and disposed to bring in a family, whose existence on the throne had been found to be incompatible with the rights and liberties of Englishmen. Under these circumstances, it was impossible to view the provisions of the Riot Act, and not to admire the merciful temper which then prevailed, in comparison with the bloody spirit which had dictated the clauses of the present bill.

Page 574: It now appeared that they could vote thanks to Dukes and Earls, and illustrious characters, whom they had hitherto treated with the grossest abuse. If, however, these societies had really given up their detested systems, and would even join the Whig Club, the present acts would be waste paper, they would never be carried into execution. Until, however, he had some strong grounds for believing this sudden change had taken place, he could not consent to lay down his arms, more particularly at a moment when he had every reason to believe that they are sparing no labour to make proselytes to their cause. What he had hitherto said, related to the preamble of the bill; he would now observe upon some attacks which had been made upon the bill. It had been said, that no Justice would act under this bill, and that therefore Ministers had purposely omitted the word “required,” which is in the Riot Act; in answer to which he would only say, that in case of a riot, the magistrate is called upon to act immediately, and from the pressing nature of the danger; but under this act the immediate urgency was not so great, and therefore, the word “required” was not necessary.

[whittlebaggett8]

Ex-Boy Scouts are preparing to sue for abuse by troop leaders: ‘It messed up my life’, Defence Online

caption

A Boy Scout listens to instruction at camp Maple Dell on July 31, 2015 outside Payson, Utah.

supply

George Frey/Getty Photos

Hundreds of adult men across the US have not too long ago contacted lawyers for assistance suing the Boy Scouts of The united states for intercourse abuse they say they suffered at the fingers of scout leaders.

Some of their legal professionals stated they have evidence that the BSA was inaccurate when the group claimed in recent press statements that it had never “knowingly authorized a perpetrator to operate with youth.”

The BSA has frequently apologized and says it now has procedures to curtail abuse, which includes mandatory felony track record checks for all staff members.

New regulations in New Jersey, New York, and California on statutes of restrictions permit victims of extensive-in the past abuse to sue for damages in the course of a a person-yr window setting up in August.

Take a look at INSIDER’s homepage for more tales.

NEW YORK (AP) – Sharing their tales doesn’t come very easily for these center-aged men. At periods, their eyes nicely up or their voices crack as they explain becoming sexually abused in the Boy Scouts and struggling from psychological destruction extended afterward.

Wanting back again, they all keep in mind vividly how enthusiastic they ended up to turn into Scouts.

“I was genuine gung-ho about having my badges – fishing and campfires and all of that,” said Darrell Jackson, now a 57-12 months-aged New Yorker. “It was great at the beginning.”

Jackson, whose device leader was convicted of sodomy and imprisoned for about 18 months, is between hundreds of gentlemen throughout the US who have not too long ago contacted attorneys for support suing the Boy Scouts of America for intercourse abuse they say they experienced at the hands of scout leaders.

Quite a few of the guys are from New York, which this yr modified its restrictive statute-of-restrictions legislation. The adjustments let victims of very long-back abuse to sue for damages for the duration of a one particular-12 months window starting in August. New Jersey enacted a related regulation this thirty day period. California is on track to follow fit.

Some of the attorneys explained to The Involved Press they have proof that the BSA was inaccurate when the business claimed in current press statements that it experienced hardly ever “knowingly allowed a perpetrator to operate with youth.”

The Boy Scouts admit that intercourse-abuse litigation poses a economic menace and have not ruled out trying to find bankruptcy security.

Jackson joined a Cub Scout pack in Brooklyn in 1972 and the future calendar year testified against his pack chief, Freddie Modica.

His preliminary fascination with the Boy Scouts was uncomplicated: He liked the uniforms. “It was like G.I. Joe dolls,” he recalled.

He shortly discovered that some boys in the device ended up generating visits to the pack leader’s house.

“They built it appear to be like it was a big thing – and I felt out of the loop,” Jackson claimed. “When I obtained a likelihood to go, I was like ‘OK.’”

The attract, Jackson recalled, was that the scoutmaster – while posing as a supportive father figure – enable the boys engage in taboo pastimes this kind of as using tobacco and ingesting.

Jackson now refers to what ensued as “the ugliness” – repeated sexual molestation by the scoutmaster until finally Jackson summoned the nerve to notify his grandmother, who was boosting him. Initially skeptical, she inevitably went to law enforcement.

In the years right after the demo, Jackson claims, he was often mocked with anti-homosexual slurs. He responded at situations with belligerence and mistrust.

“It triggered me to go into crime, prescription drugs, all the things, just to block things out,” he mentioned. “It basically messed up my lifetime.”

Regardless of getting psychological counseling over the several years, his relationship broke down. His childhood goals of turning into an oceanographer pale. He cobbled alongside one another a career in residence remodeling and maintenance.

Why sue the Boy Scouts? He states the firm should really be held accountable, and he needs young children to be secure.

“I don’t want nobody to go by way of what I went by way of,” he stated.

Scars and disgrace lasted decades

Raymond Luna suggests he still has psychological scars from staying abused as a scout in New York City in the 1970s. “In my head, there’s still anger,” claimed Luna, 56, who now life in Poughkeepsie, New York, and operates a hearth-alarm set up enterprise.

He recalls that the scoutmaster befriended many of the solitary mothers – including his very own – who experienced sons in the troop. Luna was between many boys who began checking out the scoutmaster’s home. He says that is in which the molestation took spot.

He reported he under no circumstances documented the abuse to other people.

“The shame was so significant – like it was a solution,” he stated. “During my teenage decades up to when I was 33, I totally blocked it out.”

Even through a 26-12 months-marriage – which developed 5 young children ahead of ending in divorce – Luna says he never instructed his wife. He abused drugs and liquor to keep the negative recollections at bay and underwent decades of remedy.

The counseling “helped me recognize that I was a victim and not a participant,” he mentioned.

Luna says he’s increasingly at peace. He has shared his entire story with his current girlfriend. But he snapped to focus when he saw a Television set advertisement searching for survivors of Boy Scout intercourse abuse to sign up for in litigation. He and Jackson signed on with the same Seattle-based mostly law firm.

After hunting the internet for references to his previous scoutmaster, he acquired almost nothing about the man’s whereabouts but discovered him shown in a database of the Boy Scouts’ “ineligible volunteer” information, which list hundreds of older people barred from scouting mainly because of confirmed or suspected functions of molestation.

An skilled hired by the Boy Scouts testified before this yr that 7,819 suspected abusers ended up discovered in the information, as nicely as 12,254 victims.

Luna’s previous scoutmaster was put in the documents in 1964 just after an arrest for abusing a 12-calendar year-previous boy, however he rejoined New York City’s scouting ranks in the early 1970s. He remained a scoutmaster until 1975, around a yr just after Luna stop the business in disgrace and anger, the paperwork confirmed.

“The BSA desires to know how considerably pain the abuse triggered me and so a lot of some others,” Luna reported.

‘It was not their fault’

Jason Amala, 1 of Jackson and Luna’s attorneys, stated scout officials unsuccessful to consider reasonable measures to secure the boys from the foreseeable hurt of remaining sexually abused by scout leaders. The statements will seek unspecified compensatory damages for agony and suffering and punitive damages based on an allegation that the BSA intentionally concealed their knowledge of the threat.

“We get individuals who connect with us almost just about every working day who nonetheless believe it is their fault. And until the Scouts are fully clear and accountable, you are going to have that difficulty,” Amala reported. “It was not their fault – not their parents’ fault, not their moms’ fault. It was the Boy Scouts’ fault.”

The BSA has continuously apologized and states it now has procedures to curtail abuse, including creating required prison track record checks for all team and volunteers and requiring two or more grownup leaders to be existing with youth at all moments through scouting pursuits.

“We feel victims, we guidance them,” reported the BSA’s chief executive, Mike Surbaugh. “We inspire them to arrive forward.”

William Stevens, 50, arrived forward final yr in Arkansas, submitting a lawsuit alleging he was molested by his scoutmaster at least 6 times in excess of a two-year period of time immediately after signing up for the Scouts’ Webelos plan soon ahead of his 10th birthday in 1978.

The BSA’s information show that the scoutmaster accused by Stevens, Samuel Otts, was caught sexually abusing a boy when a scoutmaster in Ga in 1977. Still Otts subsequently registered as a scout leader in Arkansas and remained active until eventually 1980.

Rather than simply call police, the Scouts “allowed him to transfer and did absolutely nothing to alert the mom and dad and scouts” in his new troop, mentioned Peter Janci, 1 of Stevens�� legal professionals.

Previous yr, an Arkansas judge dominated in opposition to Stevens, saying his lawsuit was precluded by the state’s statute of restrictions. Janci hopes that ruling will be reconsidered if his lawful team can demonstrate the Boy Scouts designed fake promises about their abuse-prevention endeavours.

The Boy Scouts say they report all suspected abusers in their databases to regulation enforcement.

But Janci and his associate, Stephen Crew, say they have recognized many scenarios in the Boy Scouts’ database in which adult volunteers implicated in baby abuse have been allowed to return to scouting assignments on a probationary foundation.

Asked about the lawyers’ assertion, the BSA pointed to its existing anti-abuse guidelines, but included, “We acknowledge, however, that there ended up moments in our organization’s background when specified cases have been not dealt with the way they would be dealt with nowadays.”

Stevens went on to forge a effective everyday living. He’s married, has a daughter and is human sources director for a Small Rock-centered trucking enterprise.

But his encounter in the Scouts in Sizzling Springs, Arkansas, has haunted him.

“For the past 40 many years, I have usually felt like I was broken merchandise,” he explained. “I’ve lived with the disgrace and embarrassment and guilt for the reason that of the abuse I experienced. I pushed individuals away and didn’t enable them get near to me.”

Only in 2016, Stevens says, did he come throughout an on the web database that involved the Boy Scouts’ file about Otts and discover of the abuse that was documented in Georgia. Stevens reached out to Janci’s Oregon-based mostly legislation business and determined to go general public with his tale, speaking sometimes to small groups in abuse-recovery programs.

“That was the most tricky factor I’ve performed in my existence,” Stevens mentioned, “but also the most rewarding.”

Read through far more:

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This new eco-helpful rainforest vacation resort lets you slumber in ‘seed-pod’ rooms

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[racingtoaredlight]

Opening Bell: September 6, 2019

Four days after pummeling the Bahamas for hours, causing widespread damage and killing dozens, Hurricane Dorian skirted along the Atlantic Coast of Florida and made landfall in the Carolinas as a category 2 storm. The track of Dorian had been drifting further north almost since it became a named storm in the Atlantic basin; there was great concern that it would impact the island of Puerto Rico, which has so recently undergone so much political turmoil and has not yet recovered from the devastation it experienced in last year’s hurricane season. But Dorian took mercy on the U.S. territory, withholding its fury until it collided with the Bahamas over the holiday weekend, where Dorian then idled in place, pouring several dozens of inches of rain on the islands. The storm was still capable of sustained 100 mph winds and inflicting widespread damage as it crosses from North Carolina into Virginia and then eventually back out into the sea where it is expected to diminish in the cooler waters of the north Atlantic. The amount of destruction it wreaks upon the Eastern Seaboard between now and then, and how the Trump administration reacts to it, will be the next story in the news cycle, at least until Trump opens his Twitter app again.

 Jason Greenblatt, the White House's chief Middle East peace negotiator, who had been tasked by President Donald Trump with brokering a long-sought after peace plan in the region, is leaving his administration post in order to return to the private sector. Greenblatt, according to the White House, has assembled a detailed and comprehensive peace plan, but has never released it and now will not do so until at least the outcome of the next Israeli general election is known later this month. There seems little utility in releasing the plan since Palestinian negotiators have refused all contact with Trump administration officials since December 2017, shortly after Trump fulfilled a campaign promise by recognizing Jerusalem as the capital of Israel. With the peace process essentially dead in the water and, depending on what combination of parties is able to cobble together a government in Israel, Greenblatt likely saw the writing on the wall and realized he was more likely to spend the next year counting crevices in the ceiling tiles than he was in actually working towards Middle East peace. While the Trump administration has become accustomed to filling vacancies with ‘acting’ officials, even for those roles which do not require Senate confirmation, it seems likely that Trump will not even bother to replace Greenblatt at all, which means that it truly now is on Jared Kushner alone to resolve decades—centuries really—of political, social, and economic enmity. We should not be optimistic.

This week, after months of protests, Hong Kong chief executive Carrie Lam finally announced that she would permanently withdraw a controversial proposed law which would have allowed suspects accused of felonies in Hong Kong to be extradited to mainland China. The law was seen as an attempted end-around of Hong Kong’s separate—and far more westernized—criminal justice system in particular, and as another attempt to infringe on the democratic values which make Hong Kong so vastly different from the rest of China. Protest leaders, such as they exist, however declared that Lam’s move was “too little, too late.” With that, it seems that the protests will go on, but without any discernible goal beyond the preservation of Hong Kong’s status as a democratic island on the doorstep of authoritarian China.

Britain’s political system is an odd conglomeration of tradition, convention, custom, and unwritten rules; the British constitution, is in fact, unwritten, rather it consists of all the political balancing tests between monarch and parliament conceived of since the Magna Carta was signed by King John in June 1215. As a result, the powers of the monarch remain technically in place: Queen Elizabeth has the sole authority to convene and prorogue (or end) Parliament, Parliament only debates, technically, with her permission. Technically, the queen selects the prime minister and the constitution only requires that she select someone that can command a majority in the House of Commons, but in practice the queen has since the 1960s, selected whomever the majority party had chosen as its leader. The reserve powers of the monarch remain vast, but largely unexercised. There is a reason behind this: the monarch is supposed to be an apolitical figure, who follows the advice of her ministers, no matter which party they come from. This system has worked fairly well for most of Elizabeth II’s time on the throne, but, Foreign Policy argues, that the practical nature of the her learned political apathy, has finally run into a major political problem which threatens Britain’s livelihood: the apparently enduring desire of Brexiteers to force Britain out of the European Union with no deal and no plan for the future.

When your average American is asked to describe his or her impression of a spy, the first thought of most will be the dashing, braggadocio, and sophistication of James Bond, or, if slightly more literate, the persistent, curious, world-weary George Smiley. If the spy is American, one might think of the professional, accomplished, and highly-skilled operatives mentioned in a Tom Clancy novel or perhaps of the feats undertaken by the teams in Mission Impossible. Intelligence agencies are dens of intrigue, staffed by the best and the brightest that the country has to offer, every single person—from secretary all the way up to director of the agency—imbued with a strong sense of duty and patriotism. In truth, virtually none of these descriptions are accurate. The CIA in particular is riven with bureaucratic waste and, certainly worse, has forever been hamstrung by its own paranoia about the intelligence it gathers. And moreover, the importance of this intelligence is often missed, dismissed, or misunderstood. In an amusing irony, though, Adam Gopnik points out that this is not necessarily a bad thing: the nation with the edge in intelligence does not, and in fact rarely, comes out ahead. And intelligence agencies have over time become so obsessed with each other, they rarely take time anymore to spy on governments, their ostensible raison d’etre. This is an interesting read that upends many of the myths the public believes about spies, spy agencies, their activities, and their overall competence. And yet Gopnik, at the end, concludes that this reality, as ludicrous as it is, is infinitely preferable to the alternative.

During the Cold War, the only nation which could challenge the supremacy of the United States Navy, was the Soviet Navy. Unlike the naval arms race between Britain and Germany at the beginning of the 20th century, when the former did everything in its industrial power to build more dreadnought battleships than the latter, while the latter did everything in its power to maintain a two-thirds parity, the U.S. and the Soviet Union had different focuses when it came to naval power. The U.S. Navy focused on aircraft carriers and force projection around the globe, with attack submarines intended to shadow Soviet missile boats, and American missile boats quietly plodding the deep in solitude. The Soviet Navy, on the other hand, placed greater emphasis on submarines—building the largest nuclear submarine fleet the world has ever seen—and large surface combatants. In the period after the end of the Cold War, the new Russian Navy was starved of funds and hundreds of Soviet-built ships and subs were left to rust while tied to a pier. The U.S. Navy, the now master of the world’s oceans, was free to use the oceans as highways to move carrier strike groups to regions of the world in order to project American force and protect American interests. Over the last decade, the Russian Navy has slowly begun to rebuild itself into an important challenger to the U.S. Navy, and through much the same methods from the Cold War: by focusing on submarines and surface combatants. With this in mind, knowing the future direction of the Russian Navy is important in determining Russian strategic intentions and there is no better way to determine those than by reviewing current Russian naval leadership and analyzing the best candidates to step into their shoes in a few years.

It is no secret that we, all of us, are going to die one day. Those of us who are fortunate, will die on a bed, in a room surrounded by loved ones; or, as Chris Rock once said, when talking about health insurance, “We’re all going to die. But if you have insurance, you will die on a mattress.” The actual end process of death, however, is one that is not often studied for obvious reasons; few people, even those comfortable with the concept of death itself, wish to examine the physiological and psychological processes associated with a person’s final days and hours; it is, perhaps, easier to accept the concept of death and even the death of a particular person, than it is to indulge in the process of death. Regardless, some interesting things occur during this time, and as people live longer lives than ever before and more individuals die in a hospital or hospice or assisted living facility than ever before, the notion of recording what a person talks about as they slip towards death has slowly become a field, albeit a small one, in its own right. The takeaway from this is that there is no one way that people utter their last words and no one theme; sometimes it is depressing, sometimes funny, sometimes introspective or reflective, and sometimes it is downright inappropriate. The examination of what causes these different final expressions is a subject for more than just those obsessed with morbidity.

Speaking of death, inanimate objects have final resting places just as people do. For aircraft, particularly civilian airliners and cargo carriers, it is generally one of three or four locations, all of them locate in the desert southwest of the United States, from Roswell, New Mexico to Victorville, California. The wellspring of this short blog post was the retirement of the last 20 MD-80 passenger liners, in one day, by American Airlines on Wednesday. At one time, the MD-80 represented 40% of American’s fleet, and the twinjet “Mad Dog” was as closely aligned to American Airlines as the unpainted aluminum fuselage, a livery which is also disappearing with the retirement of the MD-80s. If you flew on American Airlines at any point in the 1990s or 2000s, there is a good chance you flew on an MD-80, but as of yesterday, for the first time since 1982, American’s flight schedule does not include any Mad Dogs.

Finally, as the 2020 election looms, there remain a handful of special elections for congressional seats that were either not filled after the 2018 election, or which have since become available due to early retirements. Kyle Kondik of the Center for Politics looks at three districts, but takes a particularly deep dive on the North Carolina 9th District, which has been the focus of so much political and legal contention since Election Day in 2018.

 Welcome to the weekend.

[rolandfontana]

Spit & Acquit: Orange County’s ‘Shadow’ Experiment in Genetic Surveillance

If you’re ticketed in California’s Orange County for a misdemeanor, prosecutors may offer you a deal that could be hard to refuse.

If you agree to pay $75 for a technician to take a sample of your DNA, your case will either be dismissed or you’ll face a minimal penalty if convicted.

Since 2007, some 150,000 Orange County residents have accepted the plea, in what local courts call a “Spit and Acquit” policy—and what one study describes in alarming terms as a “shadow” program to create an expansive DNA database, with slim justification for increasing public safety.

“The prosecution of marginal petty misdemeanor cases has allowed [Orange County] prosecutors to create a vast genetic surveillance system that would otherwise not exist,” writes Andrea L. Roth in a study published in the California Law Review.

Although Orange County’s approach to misdemeanor offenses is, apparently, the only one of its kind in the country, it illustrates the growing danger of an alliance between law enforcement and private surveillance technology operating with little public oversight, according to Roth, a professor at the University of California-Berkeley School of Law.

“Spit and Acquit has operated largely in the shadows, outside of public debate, legislative wrangling, and cost-benefit analyses, leading to less accountability,” she wrote.

Orange County authorities originally justified the program as a way to provide individuals charged with minor offenses with alternatives to time-swallowing court procedures. They also argued that it could benefit public safety by giving police access to a larger DNA database than is currently available through statutory programs like the Combined DNA Index System (known as CODIS) which mandate holding DNA samples from offenders convicted of serious felonies across the U.S.

Both justifications are arguable, said Roth.

Since the Orange County program focuses on individuals who are likely to escape prosecution anyway for offenses as minor as walking a dog without a leash, plea deals are likely superfluous. And there’s no evidence that “low-risk” offenders are likely to present future threats to public safety, Roth wrote.

The 150,000 DNA samples held by the Orange County District Attorney (OCDA) produced a total of just 776 “matches” with DNA at crime scenes over the decade, but it’s not clear that the suspects would have been identified otherwise using existing databases such as CODIS, she added.

In fact, wrote Roth, her analysis of the program, together with interviews with judges and other authorities, raised the suspicion that some misdemeanor cases were being pursued just to add more samples to the database.

“One judge told me that shortly after Spit and Acquit started, judges in superior court began to suspect that OCDA was filing some cases knowing that they were never going to pursue the case unless they absolutely had to, just to get the DNA,” Roth wrote.

Individuals who agree to “Spit and Acquit” deals must sign waivers agreeing that their DNA will remain in the custody of Orange County forever, and can never be expunged. Some regret what they have done, too late.

Roth cited one example of a permanent resident charged with walking a dog off leash who was persuaded by a judge that giving her DNA was a “unique opportunity” to prevent her from going to trial—where she might otherwise face stiff penalties. Since she worried that a misdemeanor conviction might affect her citizenship application, she accepted the deal—only later to decide that it was a “mistake.”

For first-time offenders, the speed and simplicity of the process is attractive—compared to a perceived ordeal of dealing with judges and attorneys.

Defendants are invited to a meeting with the local DA who tells them they can avoid the entire judicial process if they just walk “down the hall” to submit a DNA sample.

After they submit to having a cotton swab scrape their cheek, they sign a one-page waiver confirming they understand their DNA is being provided for “permanent retention [and can be] checked or searched against other DNA.” They also waive the right to any future legal challenges.

In a further insulation against public accountability, no government funds are used to operate the system: The fees underwrite the total cost of the program. Over the past decade, Orange County has earned a little over $11 million from the system, much of used to contract with private companies who operate the testing.

Government-operated databases like CODIS, which now hold about 13 million samples, have come in for serious criticism from civil liberties advocates as they have expanded over the past several years.

While such databases are at least nominally subject to legislative oversight, Roth noted that the Orange County District Attorney (OCDA) database is now larger than some state statutory databases, but “almost no publicly available data exists about its operation or effects.”

Prof. Andrea Roth, courtesy UC Berkeley

Roth wrote that it’s not clear why other jurisdictions haven’t followed Orange County’s lead, although prosecutors from other parts of California have inspected the program.

But she pointed out that rapid advances in technology are allowing prosecutors to partner with private industry independent of state budgets, to become in effect “surveillance entrepreneurs” with the putative goal of improving their crime-fighting efficiency.

“Looking into the future, given the swift advancement of biometric technologies, one could also imagine that the Spit and Acquit dilemma will repeat itself in other surveillance contexts,” she writes.

“These might include facial recognition databases, retina scans, cell phone searches, electronic monitoring…GPS tracking of vehicles, video monitoring or medication with new drugs intended to reduce criminal behavior,” wrote Roth.

According to Roth, the most effective answer to Orange County’s DNA plea bargaining is to decriminalize misdemeanors, particularly first-time offenses, and adjudicate them in a non-punitive way through what some criminologists, such as the late Norval Morris, call an “administrative law of crime.”

But Roth conceded that such concepts now face stiff competition from the lure of gleaming high-tech solutions.

“So long as misdemeanor caseloads remain high, and private companies continue to advertise their technologies as a cheap and reliable means of criminal investigation for low-risk offenders, the seeds will be planted for another program like Spit and Aquit,” she wrote.

Prof. Roth’s paper can be downloaded here.

Spit & Acquit: Orange County’s ‘Shadow’ Experiment in Genetic Surveillance syndicated from https://immigrationattorneyto.wordpress.com/

[jamesgeiiger]

New state laws affect birth to death – and, of course, taxes

The new year marks the start of numerous new state laws affecting a broad swath of life — from birth to marriage to death and, of course, taxes. Most take effect Tuesday. A look at some of them:

ABORTION

States continue to move in different directions. A new Washington law will require contraception coverage in health insurance and, if a policy covers maternity care, also will require it to cover abortions.

A Kansas law, facing a court challenge, bans telemedicine abortions, in which patients seeking abortion pills consult with doctors through teleconferencing.

In Tennessee, a new law says if an ultrasound is performed before an abortion, the woman must be given the opportunity to learn the results.

Arizona will require increased state reporting about abortions, and providers must ask women if they were coerced into seeking the procedure or are victims of sex trafficking or sexual assault.

ASSISTED SUICIDE

Hawaii will become the sixth state, along with Washington D.C., to legalize medically assisted suicide. The law will allow doctors to fulfil requests from terminally ill patients for fatal prescription medication. Two health care providers must confirm a patient’s diagnosis, prognosis and ability to make decisions about the prescription.

CRIMINAL JUSTICE

A Louisiana constitutional amendment, approved by voters, will require unanimous juries in order to convict people of serious felony crimes. It reverses a Jim Crow-era practice that had allowed as few as 10 members of a 12-person jury to convict defendants in cases not involving death sentences. Oregon will now be the only state to allow convictions under split juror verdicts.

A California law will prohibit people age 15 and younger from being tried as adults for crimes.

DRUNKEN DRIVING

Utah is adopting the nation’s strictest drunken driving threshold — 0.05 per cent blood alcohol content. The state’s hospitality and ski industries have expressed concern that the new law will exacerbate Utah’s reputation as a Mormon-dominated state where it’s tough to get a drink. But proponents include the National Transportation Safety Board, which says people start to become impaired with a first drink.

An Idaho law will require first-time convicted drunken drivers to have an ignition interlock device installed on their vehicles for one year.

EQUALITY

A new Oregon law will expand equal pay requirements. The law extends an existing prohibition on sex-based pay discrimination to also include race, colour, religion, sexual orientation, national origin, marital status, veteran status, disability and age. Pay differences must be based on seniority, merit, experience and other factors. Employees who prevail in complaints with the state Bureau of Labor and Industries can recover back pay for up to two years.

California will require corporate boards of publicly traded companies to include women by the end of 2019.

GUNS

One new Illinois law will extend the current 72-hour waiting period for purchasing handguns to all firearms; another will allow relatives or law officers to ask courts to remove guns from people believed to be a danger to themselves or others.

California, which already bars people younger than 21 from buying handguns, will extend that to long guns with a few exceptions for military members and licensed hunters. The state also will ban guns for people with certain domestic violence misdemeanours and require eight hours of training and live-fire exercises to carry concealed weapons.

IMMIGRANTS

A Tennessee law will ban local governments from having “sanctuary” policies for people living in the country illegally. It bans local government policies that restrict compliance with federal immigration detainers. The law threatens to withhold future state economic development money from those that don’t comply.

Colorado will make it easier for immigrants living in the country illegally to renew state driver’s licenses. The state has been issuing such licenses since 2014, but they had to be renewed in person every three years at one of just three state offices devoted to that purpose. The law’s Republican sponsors argued the economies of their rural districts were at stake.

MARRIAGE

The minimum marriage age in New Hampshire will rise to 16 — up from 13 for girls and 14 for boys. The new law was championed by Cassie Levesque, who was a senior in high school in 2017 when she began her two-year push to raise the marriage age as part of a Girl Scouts project. The experience led her to run for a state House seat, which she won in November. Another new law prohibits judges from signing off on marriages involving a person under the age of consent unless there is clear and convincing evidence the marriage is in the child’s best interest.

SEXUAL HARASSMENT

A new Delaware law will require employers with 50 or more employees to provide sexual harassment training to current workers within the next year, or within one year of hiring new employees. Training must be offered every two years thereafter.

California employers with at least five employees will have to provide at least two hours of sexual harassment prevention training to supervisors and at least one hour of training to all other employees, conducted this coming year and every two years thereafter.

Another new California law will bar confidential settlements to resolve claims of sexual assault or harassment, gender discrimination or retaliation, although it still will allow the identity of the accuser and amount paid to remain secret in some cases. A new law also will bar contracts and settlements that waive a person’s right to testify about sexual harassment or criminal conduct.

TAXES

At least a half dozen states will begin enforcing sales tax laws on some out-of-state retailers. Georgia, for example, will collect a 4 per cent sales tax on online retailers who make at least $250,000 or 200 sales a year in Georgia. The U.S. Supreme Court paved the way for states to collect billions in additional sales taxes from online retailers with a ruling in June. Some states began collecting those taxes before the new year.

Missouri, which has not passed an online sales tax law, will cut its individual income tax rate by one-half of a percentage point. The tax cut will be partially offset by phasing in a reduction in the state tax break for taxes paid to the federal government.

——

Associated Press reporters David A. Lieb in Jefferson City, Missouri; Kathleen Ronayne in Sacramento, California; Rachel La Corte in Olympia, Washington; John Hanna in Topeka, Kansas; Jonathan Mattise in Nashville, Tennessee; Bob Christie in Phoenix; Audrey McAvoy in Honolulu; Melinda Deslatte in Baton Rouge, Louisiana; Lindsay Whitehurst in Salt Lake City; Rebecca Boone in Boise, Idaho; Andrew Selsky in Salem, Oregon; Jim Anderson in Denver; Holly Ramer in Concord, New Hampshire; Randall Chase in Dover, Delaware; and Russ Bynum in Savannah, Georgia, contributed to this report.

New state laws affect birth to death – and, of course, taxes published first on https://worldwideinvestforum.tumblr.com/

[mikemortgage]

New state laws affect birth to death – and, of course, taxes

The new year marks the start of numerous new state laws affecting a broad swath of life — from birth to marriage to death and, of course, taxes. Most take effect Tuesday. A look at some of them:

ABORTION

States continue to move in different directions. A new Washington law will require contraception coverage in health insurance and, if a policy covers maternity care, also will require it to cover abortions.

A Kansas law, facing a court challenge, bans telemedicine abortions, in which patients seeking abortion pills consult with doctors through teleconferencing.

In Tennessee, a new law says if an ultrasound is performed before an abortion, the woman must be given the opportunity to learn the results.

Arizona will require increased state reporting about abortions, and providers must ask women if they were coerced into seeking the procedure or are victims of sex trafficking or sexual assault.

ASSISTED SUICIDE

Hawaii will become the sixth state, along with Washington D.C., to legalize medically assisted suicide. The law will allow doctors to fulfil requests from terminally ill patients for fatal prescription medication. Two health care providers must confirm a patient’s diagnosis, prognosis and ability to make decisions about the prescription.

CRIMINAL JUSTICE

A Louisiana constitutional amendment, approved by voters, will require unanimous juries in order to convict people of serious felony crimes. It reverses a Jim Crow-era practice that had allowed as few as 10 members of a 12-person jury to convict defendants in cases not involving death sentences. Oregon will now be the only state to allow convictions under split juror verdicts.

A California law will prohibit people age 15 and younger from being tried as adults for crimes.

DRUNKEN DRIVING

Utah is adopting the nation’s strictest drunken driving threshold — 0.05 per cent blood alcohol content. The state’s hospitality and ski industries have expressed concern that the new law will exacerbate Utah’s reputation as a Mormon-dominated state where it’s tough to get a drink. But proponents include the National Transportation Safety Board, which says people start to become impaired with a first drink.

An Idaho law will require first-time convicted drunken drivers to have an ignition interlock device installed on their vehicles for one year.

EQUALITY

A new Oregon law will expand equal pay requirements. The law extends an existing prohibition on sex-based pay discrimination to also include race, colour, religion, sexual orientation, national origin, marital status, veteran status, disability and age. Pay differences must be based on seniority, merit, experience and other factors. Employees who prevail in complaints with the state Bureau of Labor and Industries can recover back pay for up to two years.

California will require corporate boards of publicly traded companies to include women by the end of 2019.

GUNS

One new Illinois law will extend the current 72-hour waiting period for purchasing handguns to all firearms; another will allow relatives or law officers to ask courts to remove guns from people believed to be a danger to themselves or others.

California, which already bars people younger than 21 from buying handguns, will extend that to long guns with a few exceptions for military members and licensed hunters. The state also will ban guns for people with certain domestic violence misdemeanours and require eight hours of training and live-fire exercises to carry concealed weapons.

IMMIGRANTS

A Tennessee law will ban local governments from having “sanctuary” policies for people living in the country illegally. It bans local government policies that restrict compliance with federal immigration detainers. The law threatens to withhold future state economic development money from those that don’t comply.

Colorado will make it easier for immigrants living in the country illegally to renew state driver’s licenses. The state has been issuing such licenses since 2014, but they had to be renewed in person every three years at one of just three state offices devoted to that purpose. The law’s Republican sponsors argued the economies of their rural districts were at stake.

MARRIAGE

The minimum marriage age in New Hampshire will rise to 16 — up from 13 for girls and 14 for boys. The new law was championed by Cassie Levesque, who was a senior in high school in 2017 when she began her two-year push to raise the marriage age as part of a Girl Scouts project. The experience led her to run for a state House seat, which she won in November. Another new law prohibits judges from signing off on marriages involving a person under the age of consent unless there is clear and convincing evidence the marriage is in the child’s best interest.

SEXUAL HARASSMENT

A new Delaware law will require employers with 50 or more employees to provide sexual harassment training to current workers within the next year, or within one year of hiring new employees. Training must be offered every two years thereafter.

California employers with at least five employees will have to provide at least two hours of sexual harassment prevention training to supervisors and at least one hour of training to all other employees, conducted this coming year and every two years thereafter.

Another new California law will bar confidential settlements to resolve claims of sexual assault or harassment, gender discrimination or retaliation, although it still will allow the identity of the accuser and amount paid to remain secret in some cases. A new law also will bar contracts and settlements that waive a person’s right to testify about sexual harassment or criminal conduct.

TAXES

At least a half dozen states will begin enforcing sales tax laws on some out-of-state retailers. Georgia, for example, will collect a 4 per cent sales tax on online retailers who make at least $250,000 or 200 sales a year in Georgia. The U.S. Supreme Court paved the way for states to collect billions in additional sales taxes from online retailers with a ruling in June. Some states began collecting those taxes before the new year.

Missouri, which has not passed an online sales tax law, will cut its individual income tax rate by one-half of a percentage point. The tax cut will be partially offset by phasing in a reduction in the state tax break for taxes paid to the federal government.

——

Associated Press reporters David A. Lieb in Jefferson City, Missouri; Kathleen Ronayne in Sacramento, California; Rachel La Corte in Olympia, Washington; John Hanna in Topeka, Kansas; Jonathan Mattise in Nashville, Tennessee; Bob Christie in Phoenix; Audrey McAvoy in Honolulu; Melinda Deslatte in Baton Rouge, Louisiana; Lindsay Whitehurst in Salt Lake City; Rebecca Boone in Boise, Idaho; Andrew Selsky in Salem, Oregon; Jim Anderson in Denver; Holly Ramer in Concord, New Hampshire; Randall Chase in Dover, Delaware; and Russ Bynum in Savannah, Georgia, contributed to this report.

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[milenaheiniko-blog]

Mr Robot Season 1 & 2

Oh my goodness where to start, I loved every episode! I love every character, I love the twists and secrets, I love this show! It literally makes you crave finding out what’s next, that’s the formula for a good show. Like any fan I have some theories, if these are already disproven or confirmed then disregard.

Dark Army is helping F-Society because of Tyrell and his hunger to advance in ECorp is their doing.

He may be after the money and power, but he may also have a goal. We know WhiteRose has some interest in ECorp, even more so in her plant. She may just want to take over the entire company and knows FSociety can weaken them. The bailout is to save her future prospect and her friendship with Phillip is her keeping her friends close and enemies closer.

2. Edward Alderson and Emily Moss were good friends with WhiteRose

Their deaths were nothing more than ECorp being careless, but it angered WhiteRose. Her allying with their enemies, taking over the plant, not wanting to kill Angela, killing the former CEO out of revenge, and helping Elliot was because of her best friends. To rehash and reinforce there is potential that she simply believes their deaths were fuel for herself to want to make a change and spur a movement. If she told Angela all of this she’d know this is how she can avenge her mother on a safer route than going it alone. Remember when she tried to hand in that evidence and that woman popped up out of nowwhere. The “right down the hall” woman that was about to commit a felony?

3. Darlene is adopted

Darlene told Cisco a story about her being kidnaped by an old woman with smeared lipstick at an amusement park and taken away. She may have just wanted to describe how creepy the woman looked, or the woman may have been in disguise. Either way she tells Cisco the woman took her shopping before taking her home to a room with a bed seemingly planned just for her. I find it hard to believe the kidnaping was random if the woman had already planned the room she put Darlene in. She’d have to either be a seriel kidnapper or something else. She may have had a daughter that she lost and took Darlene out of grief, she could have surrogated and carried Darlene like the show Finding Carter, or she could be a biological relative. There are a lot of different paths. My particular idea is that Darlene was adopted, that’s why we don’t see her when Elliot falls out of the window, why she’s never been close to either parent, why she’s not seen in any flashback scenes with Elliot and Edward, why their parents didn’t treat her the way they should have, though their mom supposedly treated Elliot the same way. There’s potential Elliot and Darlene are half siblings and Magda isn’t the mom to both of them. I’d also like to point out that we do see a vision of Elliot’s mother pregnant which would suggest she was carrying Darlene, but Elliot is only 2 years older than Darlene and he doesn’t look 2 in the vision. Honestly he looks 8, as other visions would suggest, that would make it possible she had another child after Darlene, and if so I don’t think I’ve ever seen them. They’d potentially be 20 years old, there aren’t any 20 year olds on the show so it’s hard to really back up this idea other than the fact that we never see Magda’s stomach again. Every time she’s shown in flashbacks it’s either blocked or out of view. You wouldn’t notice if you weren’t looking for it, it’s that subtle.

4. Edward and Elliot

Edward and Elliot supposedly had a really great father-son relationship. Elliot described him as his best-friend. That’s how fathers and sons usually are lol. But fathers don’t usually push their sons out of second story windows for being worried about them. Elliot said that his father never spoke to him again after he told the secret. Imagine your parent coming home everyday and not talking to you after having been your best and possibly only friend your whole life. It’s hard to believe Magda finding out about the leukemia could be so bad he’d abandon his son. Though we know little about her, but what could she dish out that’s so horrible Edward wouldn’t want her to know about him being sick. There's also a bold theory that his death was a scam. After Elliot falls out the window Edward repeatedly tells Magda there won't be any bills, there won't be bills if someone dies, and cashes in on life insurance.

5. Elliot doesn’t exist

Elliot does technically exist, but he’s deconstructed and divided. Angela tells Elliot he was only born a month ago and that he isn’t Elliot, he’s !.):8/).3$9:.$. I don’t know what it meant but we later find out Mr Robot constructed the entire dream. He knew he could safely have Elliot hear that because he thought he was hallucinating from withdrawals. Though we now know it was probably true. Elliot and Mr Robot probably form another person potentially called Elliot and the person we hear narrating is the real Elliot talking to the deconstructed Elliot. It sucks thinking we aren’t his friend and “Hello Friend” wasn’t for us, and that thought alone makes me want to abandon this theory, K bye.

6. *Bonus Theory!!!!!* I want a Scooby Snack for this one because it’s almost bonafied true. The Mr Robot game/app takes place during or immediately after the episode where Elliot and the group goes to Steel Mountain. We “find” the phone after the Dark Army agent throws Darlene and Trenton’s phone out the window of the limo prior to their meeting. If you remember they pulled off right after leaving the phone’s lying there. Darlene lied about it dropping out her backpack because she couldn’t tell us how it ended up there. That’s why it’s pre 5/9 and focuses primarily on AirDream. Boom your girl Leighla got facts.

With season 3 trailers rolling out we see what happens after the building explodes *Disk scratch sound* the building I’m sure is the NSA building. I watched the Project X movie which is conveniently narrated by Rami Malek and I’d recognize that weird looking building on sight. That would explain the excessive military pressence and wreckage scenes. It also explains why everything is suddenly so dire. There’s no coming back from the things Dark Army and FSociety potentially have done. They’re terrorists in ECorp and the government’s eyes. You can’t just ease down off the national terrorist shelf and skip away to sunny days without flawless execution. I’d think it’s not about rather they let it go or continue on anymore, it’s about getting out. I personally hope I’m wrong about everything because a lot of the times what I can’t predict is waaay better. I love the spontaneity of the thing.

[nothingman]

After Donald Trump’s election, California Gov. Jerry Brown pledged to lead the resistance to the president’s anti-immigrant policies. “You don’t want to mess with California,” he said in March, when Trump threatened to withhold federal funding if California became the first “sanctuary state.” “I’m not going to just turn over our police department to become agents of the federal government as they deport women and children and people who are contributing to the economic well-being of our state, which they are.”

Now, California is moving toward “sanctuary state” status. Senate Bill 54 — designed to bar local law enforcement from using resources to aid federal immigration agents — is moving through the legislature. But a draft of amendments to the bill authored by Brown’s office and obtained by The Intercept indicate that the hope of defending California’s immigrant population, the largest in the nation, from Trump’s long reach may be in danger.

Brown’s amendments in the draft step away from the guarantees that advocates had praised in SB 54. Instead, the governor’s version of the bill opens up new lines of communication between Immigration and Customs Enforcement officials and local jails — pathways toward deportations that aren’t in the tabled version of the bill and don’t exist in California today because of constitutional challenges to ICE policy. While claiming to uphold the vision of creating a so-called sanctuary state in California, Brown’s draft instead puts many immigrants in the criminal justice pipeline — those in the country without authorization, as well as green card holders, including minor offenders — at risk.

Lizbeth Mateo, who works with DreamActivist and has seen a copy of the amendments, said that if Brown’s changes were to be incorporated into SB 54, the legislation would not be seen as affording immigrants the necessary protections. “The bill will not be anything close to what can comfortably resemble a ‘sanctuary’ bill,” she said.

SB 54 was supposed to be about prohibiting local law enforcement from doing federal immigration agents’ jobs. The bill would limit the practice of disclosing when someone in a local jail or state prison is released; ban ICE agents from freely roaming those jails and prisons, questioning inmates without a judicial warrant; and adding legal restrictions on ICE detainers, also known as ICE holds, whereby federal authorities ask local jails to confine individuals until ICE can take the immigrants into custody.

The bill has been touted as a model for other states resisting Trump. In June, former Attorney General Eric Holder said the rest of the nation should follow SB 54’s footsteps.

As SB 54 has wended its way through California’s state legislature, it has already undergone changes. Trump threats to pull federal funding from the state if the law is passed have found an ally in California’s sheriffs. Despite federal funding’s questionable impact on public safety, legislators added a carve-out that allowed cooperation with ICE for immigrants in the country without authorization who were accused of violent or serious crimes. Brown’s amendments would go even further.

SB 54 only applies to state law enforcement agencies — a flexible enough term that wiggle room can be created for new means of cooperation. The document obtained by The Intercept, which sources close to ongoing SB 54 negotiations confirm was authored by Brown’s office, would amend California’s prisons out of the legislation.

“California law enforcement agency does not include the California Department of Corrections and Rehabilitation,” reads an underlined addition to the SB 54 draft.

That would mean, under Brown’s proposed amendment, limits placed on cooperating and providing resources to federal immigration agents wouldn’t benefit anyone doing prison time — including those who’ve never been convicted of a serious or violent felony.

While the carve-out in the current bill allows contact with ICE regarding violent and serious offenders, Brown’s amendments expand the category of those who would be referred to include people convicted of certain misdemeanors. The amendments add language that encompass more than 800 crimes, some which include minor drug violations and tax evasion. The expanded categories of crimes eligible for referral to ICE could even put some green card holders — legal permanent residents of the U.S. — at risk.

Another Brown amendment would allow a controversial ICE initiative called the Criminal Alien Program to continue unabated. The program essentially allows ICE agents access into local jails and prisons, where they can question and detain immigrants. According to the Immigrant Legal Resource Center, the Criminal Alien Program accounts for as much as 75 percent of deportations. SB 54 originally included language to prohibit ICE agents from roaming around jails and prisons unless they were sanctioned to so by a judicial warrant, but Brown’s draft completely strikes this provision.

Mateo, of DreamActivist, is especially worried about another Brown amendment that would give ICE access to local jails to detain immigrants who have been deported and reentered the country in violation of federal law. Under Brown’s proposed language, if those immigrants are arrested and taken to a local jail for a nonviolent crime, such as food stamp fraud or cultivating marijuana, the retroactive deed of re-entry bars them from the proposed protections of SB 54.

“Some of them have been deported, that had lived in this state for many years and have family and children here, and they have no choice to come back,” said Mateo. “Those are the people that will be exposed the most under this bill.”

Some of the amendments in Brown’s draft would allow ICE to carry out immigration enforcement activities that the agency is effectively barred from conducting now — even without the passage of the original version of SB 54.

For a local law enforcement agency to honor an ICE hold, for instance, is unheard of in any California jurisdiction. Jailers shun the orders because federal courts have found them to be unconstitutional. The currently tabled version of SB 54 would codify the practice by banning local jails and California prisons from cooperating with ICE holds, unless a judge has issued a warrant for a specific violation of federal law.

California would go from no jurisdictions cooperating with ICE holds to creating a contract to do so.

Brown’s amendments, however, seek to create an agreement to use the state’s “law enforcement agency facilities to house individuals as federal detainees.” California would go from no jurisdictions cooperating with ICE holds to creating a contract to do so. The Trump administration is setting a test case for the practice in Florida and hopes to expand it nationwide. Brown’s amendment, if it becomes law, could dovetail into Trump’s anti-immigrant plan.

Dan Reeves, the chief of staff to state Sen. Kevin de León, who authored the original bill, flatly denied having ever seen Brown’s amendments. Reeves said Brown stopped him in the hall to discuss the bill after meeting with advocates last Wednesday. “He’s clearly focused on [the bill] and studying it carefully,” Reeves wrote in an email to The Intercept.

Eddie Carmona, who works with the PICO National Network, was in Sacramento last week to meet with Brown. “One of the things we shared with him is that this is no time to back down on this issue,” said Carmona, who expressed a cautious optimism about the SB 54. “He listened to what we have to say very intently and was asking follow-up questions.”

Brown’s amendments face an uncertain future, and could potentially hold up SB 54’s path to being a historic California law. If the amendments were made to the bill before the assembly votes on it, the state Senate, which already passed SB 54, would need to reconcile the new version. But it’s also not guaranteed that the bill will make it that far – it could stall in the assembly. Asked about the chance that the SB 54 effort might collapse, Reeves wrote: “In negotiation, no outcome is certain until the negotiation is complete.”

Top photo: A guard escorts an immigrant detainee from his “segregation cell” back into the general population at the Adelanto Detention Facility in Adelanto, Calif., on Nov. 15, 2013. The facility is the largest and newest Immigration and Customs Enforcement detention center in California.

The post Gov. Jerry Brown’s Draft “Sanctuary” Bill Creates New Routes for ICE in California appeared first on The Intercept.

via The Intercept