Posts Tagged ‘Department of Justice’

DoJ won’t charge Darren Wilson, excoriates Ferguson in report

Confirming expectations, the U.S. Department of Justice has announced that it will not file federal civil rights charges against the police officer who shot Michael Brown following an altercation on the streets of Ferguson, Mo. [CBS] Contrary to a visual theme repeated before countless news cameras through weeks of protests, “no, Michael Brown’s hands probably were not up” at the time of the shooting [Wesley Lowery, Washington Post] In the end, “Hands Up — Don’t Shoot” 2014’s iconic protest gesture, was founded in the self-serving, oft-repeated eyewitness account of Brown chum/soon-established-robbery-accomplice Dorrian Johnson. And he was credible why?

At the same time, the report released yesterday by the U.S. Department of Justice makes clear (AP, WaPo) that the Ferguson, Mo. police department was up to its hip in bad practices, ranging from the rights-violative (knowingly baseless arrests and stops, arresting persons for recording police actions) to the cynical (“revenue policing” aimed at squeezing money out of the populace over subjective/petty offenses that include “manner of walking.”)

Whether these bad local police practices are a suitable subject for federal oversight, and where the actually existing U.S. Department of Justice gets off complaining about high-handed and revenue-driven law enforcement given its own sorry track record, are other questions. But any view of Ferguson’s troubles in the back-view mirror should now acknowledge two things: 1) many people rushed to assume Officer Darren Wilson’s guilt who should have known better; 2) even so, there was much to protest in Ferguson law enforcement. (cross-posted, with a new concluding paragraph, at Cato at Liberty).

More links of interest: Don’t miss Conor Friedersdorf’s “parade of horrors” summary of the worst police abuses bared in the DoJ report [The Atlantic]; Alex Tabarrok on the Ferguson “kleptocracy” [Marginal Revolution] and Stephen Carter on “Ferguson and Its Money-Hungry Police” [Bloomberg View]; Scott Greenfield on whether or why to trust in the USDOJ.

Can’t convict? Chip away defendants’ rights

“[Attorney General Eric] Holder told POLITICO that between now and his departure… he will call for a lower standard of proof for civil rights crimes.” The Department has now confirmed that it will bring no federal civil rights charges against George Zimmerman in the Florida shooting of Trayvon Martin, and it is anticipated on many sides that it will eventually decline to bring such charges in the shooting of Michael Brown by Ferguson, Mo. police [Mike Allen, Politico]

Kamala Harris and the Moonlight Fire case

The burgeoning Moonlight Fire litigation scandal, which has already tarnished government agencies that include the California fire and forestry agency, the U.S. Department of Justice, and the U.S. Forest Service, could also raise questions for California Attorney General and Senate hopeful Kamala Harris. John Fund:

“The misconduct in this case is so pervasive,” [California Superior Court judge Leslie] Nichols wrote, “that it would serve no purpose to attempt to recite it all here.”

Nichols also didn’t spare the office of California Attorney General Kamala Harris, now a candidate for Barbara Boxer’s U.S. Senate seat and a national Democratic star. Nichols wrote that he can recall “no instance in experience over 47 years as an advocate and a judge, in which the conduct of the Attorney General so thoroughly departed from the high standard it represents, and, in every other instance has exemplified.” Judge Nichols then ordered the state to pay Sierra Pacific a whopping $32 million in damages and expenses. Cal Fire denies any wrongdoing, while the offices of Harris and Governor Jerry Brown aren’t talking.

“The cost of plaintiff Cal Fire’s conduct is too much for the administration of justice to bear”

Kathleen Parker [Washington Post/syndicated] on the Sierra Pacific/Moonlight Fire case, in which judicial findings of misconduct by the state of California have now mushroomed into allegations that the U.S. Department of Justice was party to a fraud on the court. Sidney Powell, author of “A License To Lie,” has been calling attention to the case for a while.

“Operation Choke Point Hits Ammunition Company in Maryland”

“Fox Business Network’s John Stossel interviews US Consumer Coalition’s Brian Wise and Kat O’Connor, owner of TomKat Ammunition LLC, on the Justice Department’s Operation Choke Point.” The Gaithersburg-based ammo seller was cut off from credit card processing services and suspects that the federal Choke Point program was the reason. [cross-posted from Free State Notes; earlier on Operation Choke Point].

P.S. There are signs that House Republicans may move to rein in Operation Check Point. Let’s hope so. [USA Today/Fond du Lac Reporter; HalfWheel (cigar news and reviews)]

Storefront ATF stings: Absolute Tom Foolery

NPR’s This American Life digs into some bizarrely counterproductive sting tactics by the federal Bureau of Alcohol, Tobacco, and Firearms, which might have gone unchallenged had the bureau not stiffed a Milwaukee landlord badly enough to provoke him into taking his story to Journal Sentinel reporter John Diedrich. “The whole effort has resulted in some attempts to actually disband the entire ATF, which might not be such a bad idea.” BATF is part of the U.S. Department of Justice. [Mike Masnick, TechDirt citing Milwaukee Journal Sentinel and This American Life; earlier on stash house entrapment]

Prosecution roundup

  • If you like civil forfeiture, you’ll love AG nominee Loretta Lynch [Rare Liberty]
  • NYT “Room for Debate” tackles deferred prosecution agreements with contributions by James Copland, Lawrence Cunningham, others;
  • Book by Ross Cheit seeks to rehabilitate mass-child-abuse prosecutions of 1990s, Cathy Young not convinced [Reason] “When miscarriages of justice occur, prosecutors must answer for actions” [Boston Globe on Bernard Baran case, earlier here and here]
  • As Sierra Pacific case implodes, federal judge raises prospect that U.S. DoJ may have defrauded judges [Paul Mirengoff, earlier]
  • Video of panel on shaken baby syndrome doubts, relating to new film “The Syndrome” [Univ. of Missouri, K.C. School of Law, related earlier]
  • Ambiguous statutes in a regulated environment: time for a limit on the criminalization of business? [Matt Kaiser, Above the Law]
  • Las Vegas: federal judge calls “super seal” clandestine-forfeiture effort by U.S. prosecutors “constitutionally abhorrent” [Balko]

Police and prosecution roundup

  • New Cato paper finds little evidence that pot legalization in Colorado has much affected rates of use, traffic safety, violent crime, ER visits, health, education outcomes [Jeffrey Miron working paper via Jacob Sullum]
  • Ferguson narrative changes as new evidence supports officer’s story on Michael Brown confrontation [Washington Post, Marc Ambinder/The Week, New Republic]
  • Why Obama was smart to choose Loretta Lynch as AG rather than knocking Republicans’ cap off with a pick like Thomas Perez [Cato; Todd Gaziano on confirmation questions]
  • Plea bargaining system: “Why Innocent People Plead Guilty” [Judge Jed Rakoff, New York Review of Books]
  • “There’s not much to do about catcalling, unless you’re willing to see a lot more minority men hassled by the police” [Kay Hymowitz, Time] Peer pressure seems to be a factor in restraining it [Andrew Sullivan] The “practice of catcalling is most taboo among members of the upper classes.” [Conor Friedersdorf, The Atlantic, earlier]
  • San Diego says it retains discretion over when to release cop camera footage [Radley Balko] How body cameras can vindicate cops [same]
  • Elderly Wisconsin man “was never considered dangerous, [but] was known to be argumentative,” so send in the armored vehicle [Kevin Underhill, Lowering the Bar, related] “The [SWAT-raided] Tibetan monks were here on a peace mission, for Christ’s sake. Well, not for Christ’s sake, but you know what I mean.” [same] Sen. Coburn quotes Madison: standing military force with overgrown executive will not long be safe companion to liberty [WSJ]

October 23 roundup

  • I’m quoted by Nicky Woolf of Great Britain’s Guardian on the police militarization angle in Keene, N.H. civil disturbances (also: Van Smith, Baltimore City Paper). Also quoted regarding the ominous move to heavy armaments of Wisconsin prosecutors investigating their political opponents in the dawn-raids “John Doe” proceeding [Watchdog, and second post, earlier] Humor in The New Yorker from Bruce McCall [“Pentagon Cop Aid Hits Snags“] And here’s a previously unlinked Cato panel last month on cop militarization with David Kopel, Mark Lomax, and Cheye Calvo, moderated by Tim Lynch;
  • Australia prime minister declares “repeal day” with “bonfire” of regulations [Jeff Bennett and Susan Dudley, Cato Regulation mag; earlier on Minnesota legislative “unsession” to dump outmoded or pointless laws]
  • “After dawdling for a year, panel tosses bogus complaint against Judge [Edith] Jones” [@andrewmgrossman on Houston Chronicle via Howard Bashman, Richard Kopf, Tamara Tabo, earlier here, here, and here]
  • Making waves: Michelle Boardman review of Margaret Radin book on boilerplate, adhesion contracts, fine print [Harvard Law Review, SSRN]
  • Why litigation lobby could cost Democrats Senate majority this year [Tim Carney]
  • Online-services companies, better not do business in Maryland since the state has a very special law that one law professor believes sharply restricts your customer research [Masnick/TechDirt]
  • Picking Thomas Perez as Attorney General would (or should!) ignite firestorm of opposition. Is that why President’s waiting till after Nov. 4? [Washington Examiner]

Banking and finance roundup