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Donald Trump’s Latest Dumb Press Release Will Make You Glad Donald Trump Writes His Own Press Releases

Mother Jones

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Donald Trump is the gift that keeps on giving.

Update, 6:48pm ET: Keen-eyed Mother Jones editor Ian Gordon has found the real scandal:

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Donald Trump’s Latest Dumb Press Release Will Make You Glad Donald Trump Writes His Own Press Releases

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Despite Conservatives’ Pleas, Texas Board Rejects Clemency for Mentally Ill Convict

Mother Jones

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Scott Panetti in an old mugshot.

Today the Texas Board of Pardons and Parole voted 7-0 against recommending clemency for Scott Panetti, a severely mentally ill death row inmate who is now infamous for having represented himself at trial wearing a purple cowboy suit.

Panetti, first diagnosed with schizophrenia in 1978, was convicted of capital murder after he shaved his head, donned camo fatigues and shot his in-laws in 1992 in a psychotic rage. But today, not even his victims think he should be executed. His ex-wife has said publicly that she believes he is deeply sick and should be spared. In the past month, a host of prominent conservatives and evangelicals have joined with death penalty opponents, mental health groups, the European Union, the nation of Bulgaria, a former Texas governor, libertarian cult figure Ron Paul, and myriad others who have called on the board and Texas governor Rick Perry to spare Panetti. But even that wasn’t enough to sway the governor-appointed board.

A more recent shot of Panetti.
Texas Department of Criminal Justice

The decision means that Panetti’s last real hope of avoiding execution on Wednesday lies with the US Supreme Court. Texas law doesn’t give the governor independent authority to commute a sentence unless the pardons board recommends such a move—although Perry could order a one-time 30-day delay. Every Texas court that has heard Panetti’s appeals in recent weeks has ruled against him, despite powerful dissents from conservative Republican judges.

With the execution less than 48 hours away, Panetti’s lawyers have filed two petitions with the high court asking the justices to halt the execution and review the case to determine whether executing the mentally ill violates the Eighth Amendment. They also argue that Panetti hasn’t had a mental competency hearing in seven years, and that his mental state has deteriorated significantly during that time. (He now apparently believes there’s a listening device implanted in his tooth, for instance.)

This is a similar issue to the one that won Panetti a reprieve in 2007, when the Supreme Court ruled that he hadn’t been afforded due process in assessing his competency to be executed. (A previous Supreme Court ruling bans use of the death penalty on people who can’t understand the nature of their punishment.) The 2007 decision gave Panetti the right to a hearing on his mental competency, but it didn’t do him much good. Even though Panetti still believed he was going to be executed for preaching the gospel, and despite the fact that all but one of the doctors who testified in the hearing believed he was seriously mentally ill, the lower courts greenlighted his execution anyway. The Supreme Court denied his last appeal of those decisions this past October, clearing the way for his December 3 execution.

The Supreme Court hasn’t been especially sympathetic lately to arguments about mental illness and the death penalty. Last year, it refused to block the execution of another seriously mentally ill inmate in Florida, John Ferguson, who went to his death believing he was the prince of God. But Panetti’s pro bono lawyers, Kathryn Kase and Greg Wiercioch, argue that public opinion on the issue is changing, and that the law needs to change with it. They cite a new poll showing that nearly 60 percent of Americans oppose executing someone with a serious mental illness. They also reference new research showing that juries and judges today are far less likely to choose death for a mentally ill defendant than they were 20 or 30 years ago. In 11 former and current death penalty states that allow for a “guilty but mentally ill” verdict, there hasn’t been a death sentence imposed on a mentally ill person in at least 20 years.

The Supreme Court petitions also seem clearly targeted at Justice Anthony Kennedy, who was the swing vote in Panetti’s favor in 2007, and who is somewhat fond of citing international law in his opinions. Panetti’s lawyers emphasize that executing the mentally ill is considered a major human rights violation by most other civilized countries. We’ll soon know whether these arguments are proving persuasive, as Texas is moving full steam ahead for Panetti’s lethal injection. The high court will have to act quickly one way or another.

The following infographic was created by the Texas Defender Service, a nonprofit group that seeks to fix the flaws in the death penalty process and ensure fair representation for capital defendants:

TexasDefender.org

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Despite Conservatives’ Pleas, Texas Board Rejects Clemency for Mentally Ill Convict

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The FBI Is Very Excited About This Machine That Can Scan Your DNA in 90 Minutes

Mother Jones

Robert Schueren shook my hand firmly, handed me his business card, and flipped it over, revealing a short list of letters and numbers. “Here is my DNA profile.” He smiled. “I have nothing to hide.” I had come to meet Schueren, the CEO of IntegenX, at his company’s headquarters in Pleasanton, California, to see its signature product: a machine the size of a large desktop printer that can unravel your genetic code in the time it takes to watch a movie.

Schueren grabbed a cotton swab and dropped it into a plastic cartridge. That’s what, say, a police officer would use to wipe the inside of your cheek to collect a DNA sample after an arrest, he explained. Other bits of material with traces of DNA on them, like cigarette butts or fabric, could work too. He inserted the cartridge into the machine and pressed a green button on its touch screen: “It’s that simple.” Ninety minutes later, the RapidHIT 200 would generate a DNA profile, check it against a database, and report on whether it found a match.

A scanner, quickly: The RapidHIT 200 can generate a DNA profile in about 90 minutes. IntegenX

The RapidHIT represents a major technological leap—testing a DNA sample in a forensics lab normally takes at least two days. This has government agencies very excited. The Department of Homeland Security, the Department of Defense, and the Justice Department funded the initial research for “rapid DNA” technology, and after just a year on the market, the $250,000 RapidHIT is already being used in a few states, as well as China, Russia, Australia, and countries in Africa and Europe.

“We’re not always aware of how it’s being used,” Schueren said. “All we can say is that it’s used to give an accurate identification of an individual.” Civil liberties advocates worry that rapid DNA will spur new efforts by the FBI and police to collect ordinary citizens’ genetic code.

The US government will soon test the machine in refugee camps in Turkey and possibly Thailand on families seeking asylum in the United States, according to Chris Miles, manager of the Department of Homeland Security’s biometrics program. “We have all these families that claim they are related, but we don’t have any way to verify that,” he says. Miles says that rapid DNA testing will be voluntary, though refusing a test could cause an asylum application to be rejected.

Miles also says that federal immigration officials are interested in using rapid DNA to curb trafficking by ensuring that children entering the country are related to the adults with them. Jeff Heimburger, the vice president of marketing at IntegenX, says the government has also inquired about using rapid DNA to screen green-card applicants. (An Immigration and Customs Enforcement spokesman said he was not aware that the agency was pursuing the technology.)

Meanwhile, police have started using rapid DNA in Arizona, Florida, and South Carolina. In August, sheriffs in Columbia, South Carolina, used a RapidHIT to nab an attempted murder suspect. The machine’s speed provides a major “investigative lead,” said Vince Figarelli, superintendent of the Arizona Department of Public Safety crime lab, which is using a RapidHIT to compare DNA evidence from property crimes against the state’s database of 300,000 samples. Heimburger notes that the system can also prevent false arrests and wrongful convictions: “There is great value in finding out that somebody is not a suspect.”

But the technology is not a silver bullet for DNA evidence. The IntegenX executives brought up rape kits so often that it sounded like their product could make a serious dent in the backlog of half a million untested kits. Yet when I pressed Schueren on this, he conceded that the RapidHIT is not actually capable of processing rape kits since it can’t discern individual DNA in commingled bodily fluids.

Despite the new technology’s crime-solving potential, privacy advocates are wary of its spread. If rapid-DNA machines can be used in a refugee camp, “they can certainly be used in the back of a squad car,” says Jennifer Lynch, a senior staff attorney at the Electronic Frontier Foundation. “I could see that happening in the future as the prices of these machines go down.”

Lynch is particularly concerned that law enforcement agencies will use the devices to scoop up and store ever more DNA profiles. Every state already has a forensic DNA database, and while these systems were initially set up to track convicted violent offenders, their collection thresholds have steadily broadened. Today, at least 28 include data from anyone arrested for certain felonies, even if they are not convicted; some store the DNA of people who have committed misdemeanors as well. The FBI’s National DNA Index System has more than 11 million profiles of offenders plus 2 million people who have been arrested but not necessarily convicted of a crime.

For its part, Homeland Security will not hang onto refugees’ DNA records, insists Miles. (“They aren’t criminals,” he pointed out.) However, undocumented immigrants in custody may be required to provide DNA samples, which are put in the FBI’s database. Homeland Security documents obtained by the Electronic Frontier Foundation say there may even be a legal case for “mandating collection of DNA” from anyone granted legal status under a future immigration amnesty. (The documents also state that intelligence agencies and the military are interested in using rapid DNA to identify sex, race, and other factors the machines currently do not reveal.)

The FBI is the only federal agency allowed to keep a national DNA database. Currently, police must use a lab to upload genetic profiles to it. But that could change. The FBI’s website says it is eager to see rapid DNA in wide use and that it supports the “legislative changes necessary” to make that happen. IntegenX’s Heimburger says the FBI is almost finished working with members of Congress on a bill that would give “tens of thousands” of police stations rapid DNA machines that could search the FBI’s system and add arrestees’ profiles to it. (The RapitHIT is already designed to do this.) IntegenX has spent $70,000 lobbying the FBI, DHS, and Congress over the last two years.

The FBI declined to comment, and Heimburger wouldn’t say which lawmakers might sponsor the bill. But some have already given rapid DNA their blessing. Rep. Eric Swalwell, a former prosecutor who represents the district where IntegenX is based, says he’d like to see the technology “put to use quickly to help law enforcement”—while protecting civil liberties. In March, he and seven other Democratic members of Congress, including progressive stalwart Rep. Barbara Lee of California, urged the FBI to assess rapid DNA’s “viability for broad deployment” in police departments across the country.

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The FBI Is Very Excited About This Machine That Can Scan Your DNA in 90 Minutes

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