Legal Random, Random

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Seth Abramson
‪@sethabramson.bsky.social‬
No notes.



That's a resignation letter.

[ashkor87]

Trouble is, all these are 'norms', which assume a certain level of civility, integrity and awareness in the population...all of which do not exist in America today ..

[ponchi101]

All the decent, competent people begin to resign. They get replaced by indecent, incompetent loyalists to Tiny.
But they hold the real power.
Double win for Tiny.
My new macro:
YAIT
(You Are In Trouble). I think I will use it a lot.

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Kyle Griffin
‪@kylegriffin1.bsky.social‬
New: Denise Cheung resigned rather than carry out what she described as orders from Trump-appointed officials to take actions unsupported by evidence, according to a copy of her resignation letter obtained by NBC News.

‪

Kyle Griffin‬ ‪@kylegriffin1.bsky.social‬
·
10h
Breaking on MSNBC: Denise Cheung, the chief of the criminal division at the DC U.S. Attorney's office, resigned this morning.

The acting head of that office, Ed Martin, is a 2020 election denier who defended Jan. 6 insurrectionists. Trump nominated Martin to fill that post permanently this week.

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An attorney for Luigi Mangione said Friday she may seek to get evidence gathered during his Pennsylvania arrest thrown out — and said Mayor Eric Adams and a top NYPD official improperly discussed evidence in the case.

"There is a serious search and seizure issue here,” said Karen Agnifilo, a lawyer for Mangione during a state court appearance Friday. “We want to have the opportunity to litigate that.”

She went on to say Mangione’s "right to a fair trial is continuously being impacted."

Prosecutors say Mangione, 26, traveled to New York City last fall with a plan to kill UnitedHealthcare CEO Brian Thompson while he was in town for an investor conference. They say he waited outside Thompson’s hotel, shot him in the back and the leg, then fled to Pennsylvania where he was arrested days later.

Mangione has pleaded not guilty to state murder and weapons possession charges, including rarely used terrorism-related murder charges. He has also pleaded not guilty to murder, firearms and stalking charges in federal court. If convicted of the most serious crime, he could face the death penalty.

Dozens of Mangione supporters packed the seats of the Manhattan courtroom, where Justice Gregory Carro checked in on the status of the evidence sharing process and set a schedule for the two sides to submit motions. Mangione was escorted into court with his ankles shackled and hands in cuffs, surrounded by officers in tactical gear.

In her remarks to the judge, Agnifilio said she was shocked that the NYPD chief of detectives and Mayor Adams were able to sit down with HBO and discuss evidence and their theories of the case for a documentary. The prosecutors have yet to turn over key evidence – including a journal they allege is his “manifesto” – that Adams at the NYPD official discussed on HBO, Agnifilio said.

“We have never been provided copies,” she said.

The mayor's office did not immediately respond to a request for comment.

Prosecutor Zachary Kaplan described the voluminous evidence they have turned over to Mangione’s defense team in two batches, including one just prior to the hearing Friday. It includes photos, NYPD crime scene reports, DNA testing results, ballistic evidence and grand jury testimony by law enforcement.

After hearing from both sides, Carro set a schedule for pre-trial motions in the case, ordering the defense to have their motions in by April 9 and the prosecution’s response by May 14.

A trial date has not yet been set in the case.

(...)

Mangione has become a folk hero for Americans who say they're angry about corporate greed and want to see reforms in the health care industry. He has received so many letters from supporters that his defense attorneys set up a website to provide updates on his case. A legal defense fund has also raised more than $500,000.

Mangione had dozens of supporters inside and outside the courtroom Friday. Among those in attendance was Chelsea Manning, a former Army intelligence officer who served time in federal prison for sharing classified material with WikiLeaks.

Public officials have condemned Thompson’s killing. NYPD Commissioner Jessica Tisch called it a “cold and calculated crime” that shouldn’t be celebrated. Adams attended Mangione’s highly staged perp walk in December along with hordes of law enforcement officials, saying he wanted to look Mangione in the eye.

https://gothamist.com/news/luigi-mangio ... e-by-mayor

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The New York Times
‪@nytimes.com‬

Breaking News: The Justice Department’s pardon attorney said she was fired one day after refusing to recommend that Mel Gibson’s gun rights be restored.

https://www.nytimes.com/2025/03/10/us/p ... ky-nytimes

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Duterte's first night in a jail cell is a pivotal moment for the ICC
2 hours ago

Anna Holligan
Reporting from The Hague

Outside the International Criminal Court's (ICC) detention centre, where former Philippines president Rodrigo Duterte was taken on Wednesday, his supporters gathered, waving national flags and shouting, "Bring him back!" as he was driven through the imposing iron gates at speed.

Shortly before he landed in the Netherlands, the 79-year-old unapologetically defended his bloody "war on drugs" for which the ICC says there are "reasonable grounds" to charge him with murder as a crime against humanity.

Small-time drug dealers, users and others were killed without trial on his watch as mayor and, later, as president.

The official toll stands at 6,000, though activists believe the real figure could run into the tens of thousands.

Duterte said he cracked down on drug dealers to rid the country of street crimes.

However, rights groups allege that the campaign was rife with police abuse, targeting young men from the urban poor.

Duterte is the first Asian former head of state to be indicted by the ICC - and the first suspect to be flown to The Hague in three years.

And his arrival comes at a pivotal moment for the International Criminal Court.

How did Rodrigo Duterte end up in a jail cell?
Rodrigo Duterte's arrest and deportation on Monday was the result of an unprecedented chain of events.

His supporters allege that the ICC is being used as a political tool by the country's current president Ferdinand Marcos who has publicly fallen out with the powerful Duterte family.

The ICC is a court of last resort designed to hold the most powerful to account when domestic courts are unable or unwilling to do so. But this case is a reminder of the extent to which it depends on state cooperation in order to fulfil its mandate - it effectively has no power to arrest people without the cooperation of the countries they are in, which is most often refused.

In the case of Duterte, chances that he would ever be prosecuted by the ICC seemed unthinkable even in 2022, when his daughter, Vice-President Sara Duterte, allied with Marcos to create the powerful "uniteam" that swept parliamentary elections.

Up until a few months ago, Marcos had dismissed the idea of cooperating with the ICC.

But the pace at which Duterte was served an arrest warrant and extradited shows that when political winds shift, those once considered untouchable can find themselves touching down in The Hague.

The whole process of his extradition - from his detention in Manila to his arrival in The Hague - has been documented on social media by his daughter Kitty and Duterte himself through his aide. His plane was the most tracked on flight radar.

"I am the one who led our law enforcement and military. I said that I will protect you and I will be responsible for all of this," he said on a Facebook video, one of many that was shared over more than 24 hours during his journey from Manila to The Hague.

It provided rare insight into what is usually an opaque process, and the world was able to follow, sometimes in real time, every step of it right down to the meals Duterte was served on board his chartered jet.

A much-needed win for the ICC?
Duterte's arrest now sends a strong signal that even powerful individuals may be held accountable for their actions, potentially deterring future abuses.

His case has also reignited debate about the ICC's role in relation to national sovereignty, a concern often raised by non-member states like the United States, Russia, and China.

The court depends on its 128 members to fund and be the operational arm of this judicial body.

So Duterte's headline-making arrival, followed by his first night in a jail cell at The Hague, offer the the court a much-needed win.

After serving two high-profile arrest warrants – one for the Russian president Vladimir Putin, and another for Israel's prime minister Benjamin Netanyahu over the war in Gaza – which are unlikely to be enforced any time soon, the arrival of Duterte will be put forth as proof the court is capable of bringing those accused of the gravest atrocities to face justice.

It is a litmus test for the ICC's ability to function effectively in an increasingly polarised climate.

ICC prosecutor Karim Khan was recently sanctioned by Donald Trump over the arrest warrant issued for Benjamin Netanyahu.

The detention of Duterte provides him with a powerful response.

"Many say international law is not strong," Karim Khan acknowledged. "But international law is not as weak as some may think. When we come together, when we build partnerships, the rule of law can prevail."

The former Philippines president will now mark his 80th birthday this month in the ICC's detention facility, located in the dunes of The Hague.

The facility, once a Nazi prison complex, provides each detainee with a private cell, access to computers, a library, and sports facilities.

If he isn't satisfied with the meals provided, Duterte has the option to prepare his own food using a shopping list in the detention center's kitchen. He will also have access to medical care, lawyers, and visitors.

He is expected to make his initial court appearance in the coming days, where he will confirm his identity, choose the language he wishes to follow proceedings in, and acknowledge the charges against him.

Following this public appearance, a confirmation of charges hearing will follow, during which the judges will decide whether the prosecution has presented a sufficient amount of evidence to proceed to trial.

If the charges are confirmed, it could be many months before he eventually goes on trial, and years before a final judgment.


https://www.bbc.com/news/articles/cvgw1nklxezo

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‪Mark Joseph Stern‬ ‪@mjsdc.bsky.social‬
·
4m



At this point, Trump and Bondi are going SO far out of their way to antagonize John Roberts that I’m starting to think it’s intentional.

And if there is a plan at play here that’s larger than flipping off the chief for fun, it’s a pretty chilling one. slate.com/news-and-pol...


https://slate.com/news-and-politics/202 ... ation.html

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Administration Officials Believe Order Lets Immigration Agents Enter Homes Without Warrants
It remains unclear whether the Trump administration will apply the law in this way. But such an interpretation, experts say, would infringe on basic civil liberties.

By Devlin Barrett
Reporting from Washington

March 20, 2025
Updated 2:24 p.m. ET

Trump administration lawyers have determined that an 18th-century wartime law the president has invoked to deport suspected members of a Venezuelan gang allows federal agents to enter homes without a warrant, according to people familiar with internal discussions.

The disclosure reflects the Trump administration’s aggressive view of presidential power, including setting aside a key provision of the Fourth Amendment that requires a court order to search someone’s home.

It remains unclear whether the administration will apply the law in this way, but experts say such an interpretation would infringe on basic civil liberties and raise the potential for misuse. Warrantless entries have some precedent in America’s wartime history, but invoking the law in peacetime to pursue undocumented immigrants in such a way would be an entirely new application, they added.

“It undermines fundamental protections that are recognized in the Fourth Amendment, and in the due process clause,” said Christopher Slobogin, a law professor at Vanderbilt University.

Last week, Mr. Trump quietly signed a proclamation invoking the law, known as the Alien Enemies Act of 1798. It grants him the authority to remove from the United States foreign citizens he has designated as “alien enemies” in the cases of war or an invasion.

His order took aim at Venezuelan citizens 14 or older who belong to the Tren de Aragua gang, and who are not naturalized or lawful permanent residents. “All such alien enemies, wherever found within any territory subject to the jurisdiction of the United States, are subject to summary apprehension,” the proclamation said.

Senior lawyers at the Justice Department view that language, combined with the historical use of the law, to mean that the government does not need a warrant to enter a home or premises to search for people believed to be members of that gang, according to two officials familiar with the new policy.

A department spokesman declined to comment.

Christopher A. Wellborn, the president of the National Association of Criminal Defense Lawyers, called the old law a relic that is dangerously prone to abuse — particularly when it comes to people’s right to privacy in their homes.

“The Fourth Amendment applies to everyone in the U.S., not just individuals with legal status,” he said. Taking away that right would be an “abuse of power that destroys our privacy, making Americans feel unsafe and vulnerable in the places where our children play and our loved ones sleep.”

The use of the law is contentious to start. It has been deployed just three other times, all during major wars, and it is unclear how the administration has deemed someone a member of Tren de Aragua.

Using the law to avoid warrant requirements would facilitate at least one part of the administration’s bid to deliver on the president’s campaign promise to cut down on immigration. Currently, immigration agents without a warrant can do little more than knock on a door and ask to come in.

Legal scholars have long criticized the law as prone to abuse. During World War II, in one of the darker chapters in the nation’s history, the law paved the way for citizens of Germany, Italy or Japan to be searched and detained.

In the past, the law has been interpreted to “extend the president’s authority to not only detaining and deporting noncitizens but also controlling their speech, movements and livelihoods,” Katherine Yon Ebright wrote in a 2024 study of the law for the Brennan Center for Justice.

Mr. Slobogin warned of the dangers inherent in the administration’s wide-ranging view of the president’s authority. The purpose of the Fourth Amendment, he said, was to ensure that someone independent of the executive branch — a judge — approved any decision to seize people or search their property.

Still, he acknowledged that the language of the Alien Enemies Act, particularly its reference to a “warrant of a president,” gave the government “at least a foot in the door with respect to arguing that the president can order this on his own authority.”

Past court cases leave unclear what a “warrant of a president” means, and whether such an order requires something similar to the probable cause standard of a judicial warrant.

Mr. Slobogin noted that a number of cases dating back to 1819 hold that the act gives the president power to remove people designated as “alien enemies” from the country “without resort or recourse to courts.” However, he added, those cases met a basic threshold that did not apply in the current situation: a declared war, or an “invasion or predatory incursion” by a foreign nation.

“That’s pretty clearly not what’s going on here,” he said.

Mr. Trump has long claimed that the country is being invaded by undocumented migrants, and has compared the problem to a war. But such rhetorical flourishes are far removed from a state of war like the one Congress declared against Japan after the attack on Pearl Harbor in 1941.

In the American war effort that followed, President Franklin D. Roosevelt invoked the Alien Enemies Act to justify detentions and searches of Japanese Americans and others.

Their status as “enemy aliens” was sufficient cause “for warrantless house raids in search of contraband,” Ms. Yon Ebright wrote in her study.

In some cases, she noted, there were warrantless spot searches. In others, search warrants were obtained solely on the basis of someone’s status as a noncitizen of Japanese, German, or Italian descent. Government officials were looking not just for people in those instances, but also for items that had been declared contraband for them to possess, such as cameras and radios.

One U.S. military document from that time declared that all that was needed to justify a search under the wartime law was an official’s belief that an “alien enemy” may be found there. It asserted that “the question of probable cause will be met only by the statement that an alien enemy resides in such premises.”

Courts are only beginning to wrestle with the implications of Mr. Trump’s order after he promptly used the act to expel more than 100 Venezuelan citizens who the administration determined were members of Tren de Aragua.

The men were flown to El Salvador on Saturday and placed in a large prison complex, under an agreement in which the United States will pay about $20,000 a person each year for El Salvador to keep the men locked up.

A federal judge in Washington paused the administration’s use of the law while he considers the underlying legal issues, ordering any planes carrying migrants deported under the act to turn around. He is now weighing whether the administration violated that order.

The Justice Department has argued that it did not defy the judge’s orders, saying that he had limited authority on matters of immigration.


https://www.nytimes.com/2025/03/20/us/p ... =url-share

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Video at the link