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Michael Cohen Jailed For Rejecting Terms of Home Confinement

Donald Trump's former lawyer, Michael Cohen, was blindsided today by the U.S. Marshals and taken into custody, to await return to a federal prison.

Cohen was furloughed by the U.S. Bureau of Prison back in May, due to the coronavirus. A furlough is temporary. BOP decides what happens when it's over. Sometimes you go back to prison. Sometimes you go home to serve the remainder of your sentence on home confinement.

BOP decided Cohen could serve the rest of his sentence on home confinement and not return to prison when the furlough was up.

Home confinement has restrictions. The conditions are spelled out in a agreement between you and BOP. Cohen apparently had not yet begun his home confinement because he and BOP had not agreed on the terms.

According to Cohen's lawyer, Cohen and his lawyer went down to the U.S. Marshal's office today to sign the agreement. [More...]

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Thursday Open Thread

There were 60,000 new cases of COVID-19 yesterday.
The United States is like a rudderless ship. Scientists now warn that it may result in permanent cognitive impairment (brain damage) even to young people. Also, the disease is linked to strokes, heart attacks and blood clots.

Are we getting to the point where masks, or even new lockdowns, will be too little too late?

This is an open thread, all topics welcome.

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Supreme Court: Trump Not Immune From DA's Subpoena of Tax Records

The Supreme Court has ruled Trump does not have absolute immunity as to the Manhattan DA's subpoena of 8 years of his tax records. (Opinion here). But, the Court ruled, he still has defenses:

In the case concerning the prosecutors’ subpoena, Chief Justice Roberts wrote that “no citizen, not even the president, is categorically above the common duty to produce evidence when called upon in a criminal proceeding.” He added that Mr. Trump may still raise objections to the scope and relevance of the subpoena.

In a second case (opinion here), the Court refused to order that Trummp's financial records must be turned over to congressional committees investigating Trump. There could be separation of powers issues. [More...]

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Does Ghislaine Maxwell Have an Agreement for Bond?

The Government filed a peculiar letter request with the Court last night. First, it identifies Ghislaine Maxwell's attorney as Christian Everdell, even though no entry of appearance has been filed.

Everdell is a former AUSA in the Southern District of New York whose main beat was international drug traffickers, like El Chapo and his Colombian associates, and some FARC members and some of the more ridiculous cases, like the ones I've written up many times as the "DEA's Most Excellent African Adventures." (And don't just take it from me, see Ginger Johnson's more excellent article, The Narco-Terror Trap, especially on the Oumar Issa case.

Curiously to me, Everdell resigned in November 2016, months after Chapo was caught for the last time in January and about to be extradited. El Chapo arrived here in January, 2017.

I would think that a prosecutor who spent ten years chasing El Chapo, FARC and Colombian traffickers (even getting a medal from a police group for his work on El Chapo) would stay to see him prosecuted. [More...]

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Sunday Open Thread: Post-Holiday Edition

I didn't celebrate the Fourth of July this year. Between the coronavirus and Donald Trump's incompetence, laziness and inability to express a truthful statement, on any topic, America can no longer say it is the leader of the free world. The day he was given a desk in the oval office, he became the laughing stock of the world. Since then, he's done nothing but drag us all down with him.

Today is another day. I am not going to worry about where Donald Trump and his under-informed, marginalized base are leading us. [More...]

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Guilfoyle,Trump Jr. 's Girlfriend, Tests Positive for Coronavirus

Kimberly Guilfoyle, girlfriend of Donald Trump, Jr. who also has a position in the financial department of the Trump re-election campaign, has tested positive for coronavirus. Trump, Jr., so far, does not. The news is filled with video of her speaking (passionately or shrilly, depending on your point of view) at a Trump rally. She did attend the Tulsa rally.

I wonder if she'll give it to Lara and Eric or Brad Parscale (I'd be surprised if Jared or Ivanka give her the time of day). The couple is driving back from South Dakota to New York.

Several secret service people and many Trump campaign staff tested positive in or after Tulsa.
Days later, Mike Pence had to delay a trip to Arizona because more secret service agents became infected. [More...]

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Thursday Open Thread

The corona virus keeps breaking records. More than 50,000 cases a day in the U.S.

This is an open thread, all topics welcome.

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Ghislaine Maxwell Arrested for NY Indictment

I did not expect this today. Ghislaine Maxwell, former paramour and business associate of Jeffrey Epstein, has been arrested in New Hampshire where she has been temporarily residing, to face charges stemming from her relationship with Epstein.

Maxwell faces charges that include transporting a minor for the purposes of criminal sexual activity and conspiring to entice minors to travel to engage in illegal sex acts, according to a six-count grand jury indictment that was unsealed earlier in the day.

The Indictment is here. The Government is asking she be held without bond. "In short, Maxwell has three passports, large sums of money, extensive international connections, and absolutely no reason to stay in the United States and face the possibility of a lengthy prison sentence." (From its detention motion"

But what about her immunity agreement? None of the other recruiters Epstein employed who were granted immunity as part of his plea deal have been charged. For example, according to the NY Times, Sarah Kellen (now Sarah Vickers) was "right under" Ghislaine. If I recall correctly, the immunity provision in Epstein's plea agreement only covered the U.S. Attorney's office for the Southern District of Florida. Also, I wonder if Ghislaine has standing to raise immunity conferred by someone else's plea agreement once he's dead? [More...]

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Supreme Court Lets Feds Resume Executions

The Supreme Court today let stand a ruling on the death penalty, and as a result, executions may now resume (as Attorney General William Barr has promised they would.) The case is Bourgeois v. Barr, No. 19- 1348.

Judge Tanya S. Chutkan, of the Federal District Court in Washington, blocked the executions in November, saying the protocol the government planned to use did not comply with the Federal Death Penalty Act of 1994, which requires executions to be carried out “in the manner prescribed by the law of the state in which the sentence is imposed.”

The central legal question in the case is whether the word “manner” in the 1994 law refers to the methods of execution authorized by the relevant states (like hanging, firing squad or lethal injection) or the protocols the states require (like the particular chemicals used in lethal injections, whether a doctor must be present or how a catheter is to be inserted).

The Court's unsigned order today states: [More...]

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9k New Cases Today in Florida

TrumpVirus Update: Florida reached 9,000 new cases today, up from its 5,000 record a few days ago. It has ordered bars to close. Too little, too late, of course, just like Texas.

Unlike Birx who is thanking millenials for getting tested, I have no nice words for them. Faucio agrees they are the culprit, but is too nice to criticize them.

Will the 65 + age group ever be able to safely leave their homes, return to work, go to dinner in outdoor parking lot or hug their grandkids? Looks more and more like the answer is "No". Forever shut-ins. Remember when Trump said, open the schools, let all the teachers, except those over 70, return? That will probably be the new normal for all jobs and professions. Your accountant (plumber, electrician, lawyer, shop owner, chef, etc) is too old to safely be in public? Just hire or patronize a younger one.

In the meantime, MASK UP AMERICA and stay home if you can.

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Friday Open Thread

Bob Dylan's new song, Murder Most Fowl, about the JFK assassination is really, really good. It's 16 minutes long and I listened to it twice in a row, the time flew.


Who is surprised that Jack Abramoff is headed back to prison for a new fraud crime? He's agreed to cooperate for a lesser sentence. (Documents here) [More...]

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Mike Pence's Coronavirus Task Force Briefing

Tuned in to hear Mike Pence tell us all to pray.

Dr. Deborah Birk: Praise be due the millenials, who have come out for testing.

"We know know" who is most at risk: the elderly. (We knew that many moons ago.)

"We know who is dying": (We've always known that).

"We know" people on respirators will respond well to steroids.

A slide is playing on the right from NBC reminding us there are 125,0000 deaths.

We are most concerned about states with rising test positives and rising numbers of cases. She names them. [More...]

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COVID-19 Rates Soar, Feds Have No Plan

The news headlines are astonishing. Wednesday brought the highest number of new cases of coronavirus to date.

Across the United States, 38,115 new infections were reported by state health departments on Wednesday — surpassing the previous single-day record of 34,203 set on April 25. Texas, Florida and California led the way, with all three states reporting more than 5,000 new cases apiece.

Three states — California, Florida and Oklahoma — reported record highs in new single-day coronavirus cases, while hospitalizations hit a new peak in Arizona, where intensive care units have quickly filled.

Yet Mike Pence told a group of Republicans at lunch to "accentuate the positive". [More...]

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Happy Father's Day Open Thread

To all you Dads out there, I hope you have a wonderful day. If your Dad is still alive, don't forget to call him if he can get calls. If he's in jail or prison, send a card, welcome his collect call, and try to make his day a little brighter.

2.7 million children in the United States have a parent incarcerated.

[N]early twice as many black children (11.5 percent) have had a parent who lived with them go to jail or prison compared to white children (6 percent). And a child living in poverty is three times more likely (12.5 percent) to have experienced parental incarceration than a child whose household income is at least twice the federal poverty level (3.9 percent) (Murphey and Cooper 2015).

Seventeen years ago here on TalkLeft, I wrote about one specific child of the incarcerated --Chesa Boudin, the son of former Weatherground member Kathy Boudin. He had written an article for Salon in 2001, "I am the Son of Inmate 83A6158." He graduated from Yale and became a Rhodes scholar.

Where is Chesa today? First, he became a state public defender. In November, he ran for District Attorney of San Francisco, and won. He was sworn in in January.

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CO Gov Jared Polis Signs Police Reform Bill

Thank you Governor Jared Polis for signing the much needed police reform bill SB20-217 into law.

[I]t includes sweeping changes sought for years by many lawmakers of color. It bans the fleeing felon rule, bans carotid and choke holds, gets rid of qualified immunity [in state lawsuits] for officers who acted unlawfully, requires law enforcement agencies put new use-of-force rules in effect by Sept. 1, requires all officers that interact with the public wear body or dash cameras by 2023, requires body camera video to be released within 45 days in excessive force cases, includes ... a duty for officers to intervene if another is using excessive force, and more.

This is a very sweeping bill that covers a lot of territory. It is available here.
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