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		<title>Judge refuses to reinstate AP&#8217;s White House access</title>
		<link>https://homesafetytechpros.com/judge-refuses-to-reinstate-aps-white-house-access/</link>
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		<pubDate>Tue, 25 Feb 2025 04:25:08 +0000</pubDate>
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					<description><![CDATA[<p>President Donald Trump speaks with reporters in the Oval Office at the White House, Tuesday, Feb. 11, 2025, in Washington, D.C. (Photo/Alex Brandon). A federal judge in Washington, D.C., on Monday rejected a request from The Associated Press to restore the news organization’s access to certain presidential events following claims it was being unconstitutionally punished [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/judge-refuses-to-reinstate-aps-white-house-access/">Judge refuses to reinstate AP&#8217;s White House access</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_507260" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-507260" class="size-full wp-image-507260" src="https://am24.mediaite.com/lc/cnt/uploads/2025/02/AP25042763969855-1.jpg" alt="Donald Trump in the Oval Office." width="1200" height="627"/></p>
<p id="caption-attachment-507260" class="wp-caption-text">President Donald Trump speaks with reporters in the Oval Office at the White House, Tuesday, Feb. 11, 2025, in Washington, D.C. (Photo/Alex Brandon).</p>
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<p>A federal judge in <a href="https://lawandcrime.com/tag/washington-d-c/">Washington, D.C.</a>, on Monday rejected a request from The Associated Press to restore the news organization’s access to certain presidential events following <a href="https://lawandcrime.com/tag/lawsuit/">claims</a> it was being <a href="https://lawandcrime.com/high-profile/textbook-viewpoint-based-discrimination-judge-says-trumps-anti-dei-orders-violate-first-amendment-and-are-unconstitutionally-vague-issues-nationwide-injunction/">unconstitutionally punished</a> for refusing to refer to the Gulf of Mexico as the “Gulf of America.”</p>
<p>U.S. District Judge Trevor McFadden, a Trump appointee, declined to grant a temporary restraining order that would have prevented the administration from keeping the AP out of certain presidential events, particularly those taking place in the Oval Office, on Air Force One, or at Trump’s home in Mar-a-Lago, according to a <a href="https://www.cnn.com/2025/02/24/politics/ap-white-house-access-ruling?Date=20250224&amp;Profile=cnnbrk&amp;utm_content=1740434109&amp;utm_medium=social&amp;utm_source=twitter">report</a> from CNN.</p>
<p>McFadden reportedly denied the request for the “extraordinary relief” of a TRO because the AP failed to show it would suffer “irreparable harm” without it, as the organization could still “get access to the same information” through pool notes that are provided to all members of the White House Correspondents Association. The lack of harm was further evinced by the AP waiting more than a week to file its lawsuit, McFadden reportedly said.</p>
<p>While denying the TRO request, McFadden also indicated that he believed the administration would have a difficult time defending its decision when it came time to argue on the merits. He <a href="https://x.com/JordanOnRecord/status/1894142059402936349">reportedly</a> warned that case law in Washington, D.C. was “uniformly unhelpful” for cases involving journalistic bans and said the ban was a clear example of unconstitutional content-based discrimination.</p>
<p>“It might be appropriate for the White House… to consider if what they’re doing is really appropriate, given the case law,” he warned, <a href="https://x.com/JordanOnRecord/status/1894142449930342417">according to</a> journalist Jordan Fischer.</p>
<p>In the filed complaint, the AP alleged that the administration unlawfully ordered it to “use certain words” in its coverage “or else face an indefinite denial of access.”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>“The press and all people in the United States have the right to choose their own words and not be retaliated against by the government,” the suit states. “The Constitution does not allow the government to control speech. Allowing such government control and retaliation to stand is a threat to every American’s freedom. The AP therefore brings this action to vindicate its rights to the editorial independence guaranteed by the United States Constitution and to prevent the Executive Branch from coercing journalists to report the news using only government-approved language.”</p>
<p>According to the suit, White House officials on Feb. 11, 2025, informed the AP “without prior notice” that its reporters would be barred from entering certain areas as a member of the press pool “unless the AP began referring to the Gulf of Mexico as the Gulf of America, following President Trump’s renaming of that body of water in <a href="https://www.presidency.ucsb.edu/documents/executive-order-14172-restoring-names-that-honor-american-greatness">Executive Order 14172</a>,” which was titled, “Restoring Names That Honor American Greatness.”</p>
<p>The AP continued to refer to the Gulf of Mexico by its original name while also “acknowledging the new name Trump had chosen,” explaining that because it’s a global news agency, it makes such decisions to “ensure that place names and geography are easily recognizable to all audiences.”</p>
<p>The news organization argued that the ban violates the First Amendment and the Due Process Clause of the Fifth Amendment, while also constituting impermissible retaliation for constitutionally protected speech.</p>
<p>The administration responded by asserting that the AP is only being denied “special media access to the President,” which it claims is a “quintessentially discretionary presidential choice that infringes no constitutional right.”</p>
<p>The <a href="https://s3.documentcloud.org/documents/25542455/whresponse.pdf">23-page opposition motion</a> argues that the AP does not have the right to “unfettered” access to Trump’s “exclusive gatherings,” such as events taking place on Air Force One, in the Oval Office, or at the president’s home in Mar-a-Lago, for which many other news agencies are denied access.</p>
<p>“Just as the President need not furnish a personal interview to all journalistic comers, the President has discretion to decide who will have special media access to exclusive events within the Oval Office,” the administration wrote. “The President has absolute discretion to give interviews to whomever he pleases — the First Amendment does not compel him to give a personal audience to any particular journalist. That same discretion extends to whom he allows into the Oval Office (his personal workspace), Air Force One (his personal plane), and Mar-a-Lago (his private residence). The President’s discretion over these small spaces simply does not implicate constitutional rights — for citizens, journalists, or news organizations alike.”</p>
<p>A hearing on the AP’s request for a preliminary injunction is currently scheduled for March 20.</p>
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<br /><a href="https://lawandcrime.com/high-profile/trump-appointed-judge-refuses-to-restore-aps-white-house-access-but-warns-trump-admin-to-consider-if-its-actions-are-really-appropriate/">Source link </a></p>
<p>The post <a href="https://homesafetytechpros.com/judge-refuses-to-reinstate-aps-white-house-access/">Judge refuses to reinstate AP&#8217;s White House access</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>DOGE refuses to comply with public records requests: Lawsuit</title>
		<link>https://homesafetytechpros.com/doge-refuses-to-comply-with-public-records-requests-lawsuit/</link>
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		<pubDate>Fri, 21 Feb 2025 16:37:23 +0000</pubDate>
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					<description><![CDATA[<p>Republican presidential nominee former President Donald Trump listens as Elon Musk speaks during a campaign rally at the Butler Farm Show, Saturday, Oct. 5, 2024, in Butler, Pa. (AP Photo/Julia Demaree Nikhinson, File). The Department of Government Efficiency (DOGE) has been operating “in the shadows,” wielding unconstitutional authority across multiple agencies while providing the public [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/doge-refuses-to-comply-with-public-records-requests-lawsuit/">DOGE refuses to comply with public records requests: Lawsuit</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_487357" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-487357" class="size-full wp-image-487357" src="https://am21.mediaite.com/lc/cnt/uploads/2024/10/AP24281826491357.jpg" alt="Donald Trump, Elon Musk" width="1200" height="627"/></p>
<p id="caption-attachment-487357" class="wp-caption-text">Republican presidential nominee former President Donald Trump listens as Elon Musk speaks during a campaign rally at the Butler Farm Show, Saturday, Oct. 5, 2024, in Butler, Pa. (AP Photo/Julia Demaree Nikhinson, File).</p>
</div>
<p>The <a href="https://lawandcrime.com/tag/doge/">Department of Government Efficiency (DOGE)</a> has been operating “in the shadows,” wielding unconstitutional authority across multiple agencies while providing the public with “no meaningful transparency” and failing to keep proper records, according to a <a href="https://lawandcrime.com/high-profile/chaos-in-widespread-quarters-of-american-society-judge-bemoans-efforts-to-fire-federal-union-workers-but-hands-trump-admin-a-victory-over-downsizing-plans-for-now/">new lawsuit</a> from a nonprofit government watchdog group.</p>
<p>In a lawsuit filed Thursday in the U.S. District Court for Washington, D.C., <a href="https://lawandcrime.com/tag/crew/">Citizens for Responsibility and Ethics in Washington (CREW)</a> accused DOGE of unlawfully refusing to comply with its Freedom of Information Act (FOIA) requests for records associated with the government group’s actions and ignored repeated demands for DOGE to preserve its records under the Federal Records Act.</p>
<p><a href="https://lawandcrime.com/high-profile/precisely-the-executive-abuses-that-the-appointments-clause-seeks-to-prevent-judge-troubled-by-trump-giving-musk-unchecked-power-but-wont-stop-him-yet/" target="_blank" rel="noopener"><strong>More from Law&amp;Crime: ‘Precisely the Executive abuses that the Appointments Clause seeks to prevent’: Judge troubled by Trump giving Musk ‘unchecked’ power, but won’t stop him — yet</strong></a></p>
<p>CREW has requested records and documents related to communications between Office of Management and Budget (OMB) staffers and individuals who were affiliated with DOGE prior to Trump’s inauguration, changes to the operations of the U.S. Digital Service, organizational charts and financial disclosures, and DOGE’s communications with federal agencies, which DOGE and the other plaintiffs have so far failed to turn over.</p>
<p>The filing requests that a federal judge order OMB and DOGE — as well as their leaders — to promptly disclose the requested records, to preserve all records until the court decides the case, and to initiate enforcement action to recover any lost records.</p>
<p>The suit asserts that while President Donald Trump vowed DOGE would operate with “maximum transparency,” in actuality, “it has done the opposite.”</p>
<p>“The entity has worked in the shadows — a cadre of largely unidentified actors, whose status as government employees is unclear, controlling major government functions with no oversight. [DOGE] has provided no meaningful transparency into its operations or assurances that it is maintaining proper records of its unprecedented and legally dubious work,” the suit states.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>“The American people have a right to know how [DOGE] is managing (or mismanaging) their tax dollars and their data, how it is exercising its authority to influence government operations, whether conflicts of interest in [DOGE] leadership are impacting its work, and the extent to which it is operating outside of its slim legal mandate. And the public interest is heightened by the unprecedented nature and scale of [DOGE] operations. [DOGE] must comply with federal transparency laws, regardless of whether it is a fully governmental body or a mix of public and private actors.”</p>
<p>Despite its title, DOGE is not an actual federal government department. Rather, it is a “temporary organization” formed by President Donald Trump via executive order tasked with “modernizing federal technology and software to maximize efficiency and productivity” by reducing the number of federal workers and cutting spending. The organization is established under the Executive Office of the President and its yet-to-be-named administrator will report to the White House chief of staff.</p>
<p>Among the allegedly unlawful actions DOGE has taken since its inception include <a href="https://lawandcrime.com/high-profile/unconstitutional-and-illegal-trump-rubio-musk-systematically-dismantled-usaid-in-unlawful-usurping-of-legislative-authority-lawsuit-claims/" target="_blank" rel="noopener">dismantling USAID</a>, an independent agency authorized by Congress, “effectively” taking over the <a href="https://lawandcrime.com/high-profile/no-such-power-judge-blocks-trumps-unlawful-attempt-to-fire-biden-appointed-member-of-civil-service-board/" target="_blank" rel="noopener">Office of Personnel Management</a>, canceled billions of dollars in federal contracts, secured potentially illegal access to “highly restricted and confidential data” at numerous federal agencies, and <a href="https://www.huffpost.com/entry/elon-musk-doge-posts-classified-data_n_67ae646de4b0513a8d767112" target="_blank" rel="noopener">posted classified data to DOGE’s public website</a>, according to the complaint.</p>
<p>“Following records retention and release laws is especially important for a non-congressionally created agency wielding unprecedented power over funding that affects the lives of the American people every day, and touches our international efforts as well,” CREW President Noah Bookbinder said in a <a href="https://www.citizensforethics.org/legal-action/lawsuits/crew-sues-us-doge-service-to-compel-transparency/?fbclid=IwY2xjawIkqAFleHRuA2FlbQIxMQABHdWHO-TqtHpXUtQwQ2riiKGvc3ZskmbOMnxYrg6rrqQ_q7hi27n_KtHBDA_aem_vm55GjzgUsDiQ8dOqCzS0g">statement announcing the lawsuit</a>. “Preserving and releasing records is not an option, but a necessity, and the Trump administration should welcome compliance with these laws to shine a light on work they have touted and provide the ‘maximum transparency’ that was promised. We will not relent in our efforts to make these documents public.”</p>
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<br /><a href="https://lawandcrime.com/high-profile/the-entity-has-worked-in-the-shadows-trump-admin-and-doge-unlawfully-refusing-to-comply-with-public-records-requests-despite-vow-of-maximum-transparency-lawsuit-claims/">Source link </a></p>
<p>The post <a href="https://homesafetytechpros.com/doge-refuses-to-comply-with-public-records-requests-lawsuit/">DOGE refuses to comply with public records requests: Lawsuit</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>SCOTUS refuses to hear Vicki Baker Takings Clause appeal</title>
		<link>https://homesafetytechpros.com/scotus-refuses-to-hear-vicki-baker-takings-clause-appeal/</link>
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		<pubDate>Mon, 25 Nov 2024 17:58:49 +0000</pubDate>
				<category><![CDATA[Crime News]]></category>
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					<description><![CDATA[<p>The Texas home of Vicki Baker, inset, was destroyed in a SWAT operation (Institute for Justice). The Supreme Court justices have declined to weigh in on an appellate court ruling that rejected damages for woman whose home in a Dallas suburb was destroyed by a Texas SWAT team chasing man holding a 15-year-old girl hostage. [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/scotus-refuses-to-hear-vicki-baker-takings-clause-appeal/">SCOTUS refuses to hear Vicki Baker Takings Clause appeal</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_415639" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-415639" class="size-full wp-image-415639" src="https://am21.mediaite.com/lc/cnt/uploads/2023/10/texas-home.jpeg" alt="The Texas home of Vicki Baker, inset, was destroyed in a SWAT operation, and she is fighting for the city to pay for the damages. (Photos courtesy of the Institute for Justice)" width="1200" height="627"/></p>
<p id="caption-attachment-415639" class="wp-caption-text">The Texas home of Vicki Baker, inset, was destroyed in a SWAT operation (Institute for Justice).</p>
</div>
<p>The Supreme Court justices have <a href="https://www.supremecourt.gov/orders/courtorders/112524zor_8m58.pdf">declined</a> to weigh in on an appellate court ruling that rejected damages for woman <a href="https://lawandcrime.com/lawsuit/appeals-court-rejects-damages-for-woman-whose-home-was-destroyed-by-swat-team-chasing-man-holding-15-year-old-girl-hostage/" target="_blank" rel="noopener">whose home in a Dallas suburb was destroyed</a> by a Texas SWAT team chasing man holding a 15-year-old girl hostage. However, two justices who fall on opposite ends of the political spectrum — Justices Sonia Sotomayor and Neil Gorsuch — disagreed with that decision.</p>
<p><strong>The search for a runaway hostage</strong></p>
<p>On July 25, 2020, a fugitive named Wesley Little kidnapped 15-year-old girl. Little led police in a high-speed car chase, and drove to <a href="https://lawandcrime.com/lawsuit/woman-takes-fight-to-scotus-after-swat-destroys-her-home-in-raid/" target="_blank" rel="noopener">the home of Vicki Baker</a> while the girl was in Little’s custody. Little had been familiar with the home because he had previously worked there as a handyman. Deanna Cook, Baker’s adult daughter, answered the door. She Little and the girl with him from a posting about Little being on the run with a teen girl earlier that day.</p>
<p>Cook had been on the premises to help her mother ready the home for sale and there was a “For Sale” sign in the yard.</p>
<p>Ultimately, Cook called her mother, who in turn, contacted authorities. When the McKinney police arrived, officers set up a perimeter around the home. Little eventually released the girl, who reported to police that Little was armed, high on methamphetamine, and hiding in the attic. Later, Little told police that he knew he was going to die and planned to have a shoot-out with police.</p>
<p>Police unsuccessfully tried several tactics to get Little out of the home, including launching dozens of tear gas grenades into the house. Eventually, officers detonated explosives, which broke down the front and garage doors, and used a tank-like vehicle to bulldoze the home’s backyard fence. When police entered the house, they found that Little had taken his own life.</p>
<p><strong>Damages and lawsuits</strong></p>
<p>The tactics of police are not part of any dispute in the case, as they have been deemed necessary to prevent harm to themselves and the public. What is at issue, though, is whether Baker is entitled to compensation for the significant damages to her property resulting from the incident. The explosion left Baker’s dog permanently blind and deaf, and a remediation team was necessary clean the toxic gas from the home. Furthermore, ceiling fans, plumbing, floors, and bricks needed to be replaced.</p>
<p>The damage was not covered by Baker’s homeowner’s insurance due to the cause of the damage being deemed an “act of government.” Baker filed a claim for property damage with the city, but the city denied the claim in its entirety.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>Baker next filed a federal lawsuit against the city under the Takings Clause of the Fifth Amendment to the U.S. Constitution, which says private property shall not “be taken for public use, without just compensation.” Baker won a judgment of nearly $60,000 for the damages the SWAT team caused to her home. However, the U.S. Court of Appeals for the Fifth Circuit reversed the decision and said police merely did what was necessary to resolve the emergency, and ruling that the Takings Clause does not require compensation for damaged property when it was “objectively necessary for officers to damage or destroy that property in an active emergency to prevent imminent harm to persons.”</p>
<p><strong>SCOTUS refuses to get involved</strong></p>
<p>Baker <a href="https://lawandcrime.com/lawsuit/im-prepared-to-fight-as-long-as-it-takes-woman-whose-home-was-destroyed-by-swat-team-chasing-man-holding-15-year-old-girl-hostage-takes-case-to-supreme-court/" target="_blank" rel="noopener">appealed to the U.S. Supreme Court</a>, but the justices denied certiorari Monday.</p>
<p>Sotomayor and Gorsuch joined forces in a six-page statement on the denial of certiorari in which they said the legality of Takings Clause exception used by the Fifth Circuit “is an important and complex question that would benefit from further percolation in the lower courts prior to this Court’s intervention.”</p>
<p>Sotomayor penned the statement, which she noted “expresses no view on the merits of the decision below.” She explained that she wrote separately to call attention to the “serious question” of whether the Constitution allows government to destroy private property without compensating the owners, “as long as the government had no choice but to do so.” Sotomayor noted that had the city of McKinney destroyed Baker’s home to build a public park, there would have been no question that Baker was entitled to compensation. However, given that the public benefit was protection from harm, Baker has been left to bear consequences alone.</p>
<p>Sotomayor noted that Takings Clause cases have often acknowledged some exceptions, such as property destroyed by war or imminent military action. However, it is an open legal question whether police action such as the capture of Little would fall within recognized exceptions.</p>
<p>“I was hoping the Supreme Court would take up my case, so what happened to me would never happen to anyone else, so it’s disappointing that they decided not to hear it,” said Baker in a <a href="https://ij.org/press-release/supreme-court-declines-to-hear-case-of-innocent-texas-woman-seeking-compensation-after-swat-team-destroyed-her-home/">statement</a> in response to Monday’s ruling. “If police can destroy my home and leave me with the bill, it can happen to anyone.”</p>
<p>“At some point, the Supreme Court will need to grapple with the fact that there is a circuit split and that the lower courts are divided on this issue,” Baker’s attorney Jeffrey Redfern said in the same statement. “The constitution makes it clear that the government must compensate people for such takings, and your ability to receive such compensation shouldn’t depend on where in the country you live.”</p>
<p>McKinney city officials declined to comment on the case.</p>
<p>You can read the full statement <a href="https://www.supremecourt.gov/orders/courtorders/112524zor_8m58.pdf">here</a>.</p>
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		<title>Mar-a-Lago judge refuses to dismiss indictment against Trump</title>
		<link>https://homesafetytechpros.com/mar-a-lago-judge-refuses-to-dismiss-indictment-against-trump/</link>
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		<pubDate>Fri, 15 Mar 2024 12:50:19 +0000</pubDate>
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					<description><![CDATA[<p>Left: Special Counsel Jack Smith. (AP Photo/J. Scott Applewhite, File); Center: Judge Aileen M. Cannon (U.S. Senate); Right: Donald Trump. (AP Photo/Charlie Neibergall, File). A federal judge late Thursday declined to dismiss former President Donald Trump’s charges in the Mar-a-Lago classified documents case. The terse, two-page order by U.S. District Judge Aileen Cannon rejects arguments [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/mar-a-lago-judge-refuses-to-dismiss-indictment-against-trump/">Mar-a-Lago judge refuses to dismiss indictment against Trump</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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										<content:encoded><![CDATA[<p> <br />
</p>
<div id="post-body">
<div id="attachment_437617" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-437617" class="size-full wp-image-437617" src="https://am24.mediaite.com/lc/cnt/uploads/2024/02/smith-cannon-trump-composite.jpg" alt="Left: Special Counsel Jack Smith. (AP Photo/J. Scott Applewhite, File)/Center: In this image from video provided by the U.S. Senate, Aileen M. Cannon speaks remotely during a Senate Judiciary Committee oversight nomination hearing to be U.S. District Court for the Southern District of Florida on July 29, 2020./Right: Donald Trump speaks with supporters at the Westside Conservative Breakfast, June 1, 2023, in Des Moines, Iowa. AP Photo/Charlie Neibergall, File)" width="1200" height="627"/></p>
<p id="caption-attachment-437617" class="wp-caption-text">Left: Special Counsel Jack Smith. (AP Photo/J. Scott Applewhite, File); Center: Judge Aileen M. Cannon (U.S. Senate); Right: Donald Trump. (AP Photo/Charlie Neibergall, File).</p>
</div>
<p>A federal judge late Thursday declined to dismiss former President Donald Trump’s charges in the Mar-a-Lago classified documents case.</p>
<p>The terse, <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.402.0.pdf" target="_blank" rel="noopener">two-page order</a> by U.S. District Judge Aileen Cannon rejects arguments by the 45th president’s attorneys that the first 32 counts in the <a href="https://www.scribd.com/document/661677211/US-v-Trump-Nauta-De-Oliveira-7-27-23-1#1#fullscreen=1" target="_blank" rel="noopener">superseding indictment</a> are “constitutionally vague.”</p>
<p>“Although the Motion raises various arguments warranting serious consideration, the Court ultimately determines, following lengthy oral argument, that resolution of the overall question presented depends too greatly on contested instructional questions about still-fluctuating definitions of statutory terms/phrases as charged, along with at least some disputed factual issues as raised in the Motion,” Cannon wrote.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>In her <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.402.0.pdf" target="_blank" rel="noopener">order</a>, the judge found it premature to decide whether a series of statutory terms disputed by Trump “in these circumstances yields unsalvageable vagueness despite the asserted judicial glosses.”</p>
<p>In their February <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.325.0_1.pdf" target="_blank" rel="noopener">motion to dismiss</a> on vagueness, defense lawyers argued <a href="https://www.law.cornell.edu/uscode/text/18/793" target="_blank" rel="noopener">18 USC § 793(e)</a> — the Espionage Act statute, which forms the basis of the first 32 counts in special counsel Jack Smith’s revised indictment — has long been considered legally problematic, resulting in various courts that have “endeavored to ‘save’ the statute.”</p>
<p><a href="https://lawandcrime.com/high-profile/baseless-and-untenable-trump-pleads-for-mar-a-lago-judge-to-dismiss-charges-on-eve-of-discovery-hearing/" target="_blank" rel="noopener">Trump claims</a> three phrases are vague: (1) “unauthorized possession,” (2) “relating to the national defense,” and (3) “entitled to receive it.”</p>
<p>Cannon’s ruling suggests she is open to allowing the defense to continue raising claims that at least some terms in the Espionage Act have been unconstitutionally enlarged by other courts to encapsulate benign conduct. Those claims, however, cannot form the basis for dismissing the entire indictment.</p>
<p>During oral arguments by the state and defense on the motion that took up several hours earlier on Thursday, Cannon suggested the issue would be more appropriate for a jury to hear and decide.</p>
<p><a href="https://lawandcrime.com/high-profile/unconvinced-mar-a-lago-judge-says-its-difficult-to-see-how-trumps-nod-to-george-washington-can-make-espionage-act-indictment-vanish/" target="_blank" rel="noopener">As Law&amp;Crime previously reported</a>, the Trump-appointed judge also expressed some direct misgivings about arguments advanced by the defense in service of making the Espionage Act charges disappear.</p>
<p>“It’s hard to say that provision itself is unconstitutionally vague,” Cannon reportedly said.</p>
<p>Trump’s attorneys have essayed arguments — in various motions and during Thursday’s hearing — that the disputed statutory terms are historically rife with differing definitions, lacking in clarity, previously applied in circumstances entirely unlike his case, unnecessarily broadened into unfair catch-alls by activist judges, or simply not applicable to what Trump did because of a separate statute authorizing his behavior.</p>
<p>The government has ridiculed the defense’s claims as “unfounded.”</p>
<p>In her order, the court denied Trump’s arguments without prejudice and noted they could be raised again “as appropriate in connection with jury-instruction briefing and/or other appropriate motions.”</p>
<p> </p>
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		<title>Arizona DA refuses to extradite accused SoHo killer to NYC</title>
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		<pubDate>Thu, 22 Feb 2024 12:00:47 +0000</pubDate>
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					<description><![CDATA[<p>Rachel Mitchell (Maricopa County DA’s Office), Alvin Bragg (Manhattan DA’s Office), and Raad Almansori (Maricopa County DA’s Office) One of Arizona’s top prosecutors has broken with typical legal protocol this week by refusing to extradite a 26-year-old man who is accused of beating a 38-year-old mother to death inside a New York City hotel room [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/arizona-da-refuses-to-extradite-accused-soho-killer-to-nyc/">Arizona DA refuses to extradite accused SoHo killer to NYC</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_440190" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-440190" class="size-full wp-image-440190" src="https://am21.mediaite.com/lc/cnt/uploads/2024/02/Rachel-Mitchell-Maricopa-County-DAs-Office-Alvin-Bragg-Manhattan-DAs-Office-and-Raad-Almansori-Maricopa-County-DAs-Office.jpg" alt="Rachel Mitchell (Maricopa County DA" s="" office="" alvin="" bragg="" da="" and="" raad="" almansori="" county="" width="1200" height="627"/></p>
<p id="caption-attachment-440190" class="wp-caption-text">Rachel Mitchell (Maricopa County DA’s Office), Alvin Bragg (Manhattan DA’s Office), and Raad Almansori (Maricopa County DA’s Office)</p>
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<p>One of <a href="https://lawandcrime.com/tag/arizona/">Arizona’s</a> top prosecutors has broken with typical legal protocol this week by refusing to extradite a 26-year-old man who is accused of beating a 38-year-old mother to <a href="https://lawandcrime.com/tag/murder/">death</a> inside a <a href="https://lawandcrime.com/tag/nyc/">New York City</a> hotel room earlier this month.</p>
<p>Maricopa County Attorney Rachel Mitchell, a staunch Republican who rose to office after winning a 2022 special election, on Wednesday publicly refused to send Raad Almansori back to New York to face murder charges in the brutal slaying of 38-year-old Denisse Oleas-Arancibia.</p>
<p>Mitchell was previously brought on by Republicans in the U.S. Senate to assist in the confirmation of Donald Trump-nominated Supreme Court Justice Brett Kavanaugh and was a leader in the questioning of Christine Blasey Ford, who had credibly accused the soon-to-be justice of sexual assault decades before his confirmation.</p>
<p>Mitchell is claiming that Manhattan District Attorney Alvin L. Bragg — a prominent Democrat — and the prosecutors in his office were too lenient on accused murderers to be trusted with detaining Almansori.</p>
<p>“Having observed the treatment of violent criminals in the New York area by the Manhattan D.A. there, Alvin Bragg,” Mitchell said during a Wednesday afternoon news conference. “I think it’s safer to keep him here and keep him in custody so that he cannot be out doing this to individuals either in our state, county or anywhere in the United States.”</p>
<p>Bragg has been a target for Republicans who consistently claim that he has gone after Trump over alleged unlawful hush payments to adult actress Stormy Daniels for political gain.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>Almansori is accused of stabbing and bludgeoning Oleas-Arancibia to death in New York’s Soho Hotel on Feb. 8 before hopping on a flight to Arizona. Once there, he allegedly stabbed two different women — a McDonald’s employee in the bathroom and a female driver stabbed during a carjacking.</p>
<p>The Manhattan DA’s Office did not take the Arizona prosecutor’s controversial statements lightly, responding quickly via spokesperson Emily Tuttle, who deftly compared New York City’s murder rate to the murder rates in Phoenix, Arizona, which falls within Mitchell’s jurisdiction.</p>
<p>“It is deeply disturbing that DA Mitchell is playing political games in a murder investigation,” the <a href="https://twitter.com/ManhattanDA/status/1760377810483396669/photo/1">statement</a> said. “In Manhattan, we are serious about New Yorkers’ safety, which is why murders are down 24%, and shootings are down 38% since D.A. Bragg took Office. New York’s murder rate is less than half that of Phoenix, Arizona, because of the hard work of the NYPD and all of our law enforcement partners. It is a slap in the face to them and to the victim in our case to refuse to allow us to seek justice and full accountability for a New Yorker’s death.”</p>
<p>The Manhattan DA’s Office followed up with a post to X with <a href="https://twitter.com/ManhattanDA/status/1760377812647588066/photo/1">statistics</a> from AmericanViolence.org, which state that Phoenix has a murder rate of 11.6 per 100,000 residents while Manhattan’s is 5 per 100,000 residents.</p>
<p>Bragg’s office has been the target of criticism from Republican officials who claim that violent criminals in the city are often released from detention without being required to post bond and then not prosecuted to the fullest extent of the law.</p>
<p> </p>
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