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"Gay Conversion Therapy" Group in New Jersey to Permanently Shut Down

Mother Jones

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A so-called “gay conversion therapy” group in New Jersey has agreed to permanently close its doors after losing a landmark court battle this summer.

As Mother Jones reported, a jury determined in June that Jews Offering New Alternatives for Healing, or JONAH, had violated state consumer fraud law by claiming it could help change clients’ sexual orientations from gay to straight. It was the first case in the nation to challenge conversion therapy as consumer fraud.

The plaintiffs—including three of the organization’s former clients—said therapists recommended by JONAH had subjected them to humiliating treatments, including stripping in front of a therapist and reenacting scenes of past sexual abuse during group therapy sessions.

On Friday, Judge Peter F. Bariso Jr. granted a permanent injunction after both sides reached a settlement requiring JONAH to cease operations, permanently dissolve as a corporate entity, and liquidate all its assets.

“The end of JONAH signals that conversion therapy, however packaged, is fraudulent—plain and simple,” David Dinielli, deputy legal director for the Southern Poverty Law Center, said in a statement. The center filed the lawsuit on behalf of the plaintiffs.

Michael Ferguson, one of the plaintiffs, added, “Gay conversion therapy stole years from my life, and nearly stole my life. My hope is that others can be spared the unneeded harm that comes from the lies the defendants and those like them spread.”

Conversion therapy has been rejected by major health organizations, including the American Psychiatric Association, which in 1973 removed homosexuality from the list of disorders in its Diagnostic and Statistical Manual of Mental Disorders. Last year, a transgender teen committed suicide in Ohio after participating in conversion therapy, inspiring a campaign for a federal ban on the practice. New Jersey, California, and Washington, DC, have laws banning licensed conversion therapists from working with minors.

In a pretrial decision in February, Judge Bariso wrote, “The theory that homosexuality is a disorder is not novel—but like the notion that the earth is flat and the sun revolves around it—instead is outdated and refuted.”

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"Gay Conversion Therapy" Group in New Jersey to Permanently Shut Down

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Police Just Released Dashcam Footage of the Laquan McDonald Shooting

Mother Jones

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On Tuesday, Chicago officials released the dashcam footage from the shooting of 17-year-old Laquan McDonald. The video’s release came hours after state prosecutors charged Chicago police officer Jason Van Dyke with first-degree murder in McDonald’s shooting last October, reportedly becoming the first cop in the city to face such charges in nearly 35 years.

The video, posted below, is disturbing. (WARNING: Seriously, watch at your own discretion.)

In April, the city of Chicago paid McDonald’s family $5 million, before any lawsuit was formally filed.

The footage and a bond hearing early Tuesday revealed details that differed from the initial police narrative of events. Police previously said they had found McDonald in the street slashing a car’s tires, and that when ordered to drop his knife, he walked away. After a second police car arrived and police tried to block McDonald’s path, police said, McDonald punctured a police car’s tires. When officers got out of the car, police officials alleged McDonald lunged at them with the knife and Van Dyke, who feared for his life, shot him.

Instead, the footage shows McDonald, who was carrying a knife, ambling away from police as Van Dyke and his partner get out of their car. Van Dyke then unloads a barrage of bullets on the teen about six seconds after then. The Chicago Tribune reported that according to prosecutors, Van Dyke fired 16 rounds at McDonald in 14 or 15 seconds and was told to hold his fire when he began to reload his weapon. For about 13 of those seconds, McDonald is on the ground.

At a press conference on Tuesday, Cook County State’s Attorney Anita Alvarez described the video as “deeply disturbing” and told reporters that Van Dyke’s actions “were not justified and were not a proper use of deadly force.”

A judge had ordered the video’s release by Wednesday, but Chicago Police Superintendent Garry McCarthy announced that the city would release the video a day early. “The officer in this case took a young man’s life and he’s going to have to account for his actions,” McCarthy told reporters. Van Dyke could face between 20 years and life in prison if convicted.

“With these charges, we are bringing a full measure of justice that this demands,” Alvarez said.

Van Dyke’s attorney Daniel Herbert questioned whether the case amounted to a murder case and believed the shooting was justified. Chicago Mayor Rahm Emanuel asked for calm after the video’s release. “Jason Van Dyke will be judged in the court of law,” Emanuel told reporters. “That’s exactly how it should be.” In a statement through attorneys, McDonald’s family reiterated a call for peace and said they would have preferred for the video not to be released.

“No one understands the anger more than us, but if you choose to speak out, we urge you to be peaceful,” the family said. “Don’t resort to violence in Laquan’s name. Let his legacy be better than that.”

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Police Just Released Dashcam Footage of the Laquan McDonald Shooting

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Planned Parenthood Launches Texas Legal Offensive to Fight Funding Cuts

Mother Jones

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Planned Parenthood announced on Monday that it’s suing Texas officials for stripping the organization of Medicaid funding, saying that the decision unfairly singles out Planned Parenthood and prevents women from accessing their chosen medical provider in violation of federal law.

Cecile Richards, the president of Planned Parenthood, said the federal lawsuit aims to protect the 13,500 women on Medicaid who go to the organization for health care services. Ten patients also joined the lawsuit, all of whom are currently covered by Medicaid and would have to go elsewhere for health care unless the lawsuit is successful.

In October, Texas Gov. Greg Abbott blocked Medicaid funding for the organization, citing safety concerns brought to his attention following the release of the now-infamous (and widely discredited) videos showing some of Planned Parenthood’s staff discussing fetal tissue donation. Three days later, state officials also subpoenaed Planned Parenthood for the medical records of patients who donated fetal tissue in the past five years, in an attempt to find criminal activity. A Planned Parenthood representative called the move “unprecedented” and denied any wrongdoing on the part of the organization.

Texas is one of a handful of states that have taken aim at Planned Parenthood over its fetal tissue donation, a practice that is legal in the United States. Arkansas, Utah, and Alabama have also tried to cut Medicaid funding to the group, despite a warning from the Obama administration that doing so could violate federal law. In October, a federal judge blocked Louisiana Gov. Bobby Jindal’s attempt to defund Planned Parenthood in the state, saying the move would cause “irreparable harm” to the 5,200 women who depend on the organization for health care.

Many states have also launched investigations in the organization, though none so far have found any wrongdoing.

“Texas is a cautionary tale for the whole nation,” Richards told reporters this morning. “Officials who oppose women’s health may think they can bully us out of providing care for our patients, but we will not back down, and we will not shut our doors.”

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Planned Parenthood Launches Texas Legal Offensive to Fight Funding Cuts

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Animal Planet Is Being Sued for a Whole Bunch of Insane Things

Mother Jones

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A Kentucky farmer has accused Animal Planet of setting a fire, damming a creek, chopping down trees, and illegally trespassing and building structures on his property during the production of the reality TV show Call of the Wildman.

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Animal Planet’s Turtleman Returns to Air Despite Damning Federal Investigation


Ratings of Animal Planet Show Nosedive After MoJo Exposé

Scandal is all too familiar for viewers of this once-popular show, which follows the supposedly real-life antics of a wily Kentucky wildlife rescuer nicknamed “Turtleman” and his buddies. First, Mother Jones uncovered evidence of repeated animal mistreatment, including drugging an endangered zebra and trapping a sick coyote and other animals for elaborately faked scenes. Then came revelations of state and federal animal welfare investigations, abrupt cancelations of broadcasts, and plummeting viewership—all the while Animal Planet representatives denied any wrongdoing.

Now, Turtleman, a.k.a. Ernie Brown Jr., along with his fellow cast members and producers, is facing a potential trial over allegations stemming from an episode filmed in the summer of 2014, called “Call in the Cavalry.” During the episode (part of which can be watched online), the so-called “Turtle Team” builds an elaborate tree house, using only materials that they find in the woods, and the “backwoods wisdom” for which the show is famous. “Everything we’re going to get is going to come from the backwoods,” Turtleman instructs his team—and the cast can be seen chain-sawing at least one tree, cutting shingles, and mixing cement.

But behind the scenes, J.D. Long, a 54-year-old resident of the rural hamlet of Liberty, Kentucky, says the show’s producers came onto his approximately 49-acre property after his sister, who lives there, explicitly told them they weren’t welcome. Long was furious when his sister told him that the team had built the tree house at least partly out of lumber he says they logged on his land. (One of Long’s lawyers, Andrew Trimble, says he saw multiple tree stumps at the site during a survey—consistent, he said, with claims in the broadcast that the tree house was built using local materials.) Long told local police that he commissioned a survey and found that three-quarters of the new tree house along with a recreational zip-line was built on his property, near the boundary line he shares with his neighbor, Rodney D. Finn.

The tree house in question, as featured in the episode “Call In The Cavalry.” Animal Planet

“They didn’t cut just any tree,” Long said. “Some of these trees they cut, they’re not replaceable. They only grow in certain places. They grow in deep, dark hollows.” Long, a landscaper and nurseryman by trade, says people tend to pay a top dollar for this type of wood, which is prized in log cabin design.

Along with trespassing and cutting down his trees, Long also alleges that people working for the show chipped away at the rock face of a waterfall Long says is also on his property to make the concrete (a scene that plays out in the actual broadcast), and then used that concrete to dam up one of his creeks.

Also Read “The Cruelest Show on Earth,” our yearlong investigation into elephant abuse at the Ringling Bros. circus.

But the most bizarre part of the incident, Long says, came in the middle of the night some months after filming had wrapped up—around November 20, 2014—when he woke to the sound of machinery. “My sister jumped out of bed, she was scared to death,” he said. “It made this whizzing that sounded like the whole neighborhood was going to blow up.” He called 911.

It turned out the whizzing was coming from a crane, Long said, which had arrived under the cover of darkness to tear down the tree house. Long says the remains of the tree house were then set on fire. “I mean, they could have set the whole mountain on fire, that’s what got me,” he said. “I was really aggravated.”

Sheriff’s Deputy Jamie Walters says he saw evidence of burned wood at the site of the tree house when he went to look, and found debris in the creek, according to a police report he filed about the incident. In the same police report, Long’s neighbor, Finn (whom he is also suing), admits to building the tree house that the production company had wanted for the episode. In court documents filed in his defense, Finn admits to being an “associate” of Turtleman, but denies the other allegations.

Finn did not respond to a voicemail left by Mother Jones, but in an interview with Deputy Walters last year, Finn said he had rented a crane and attempted to move the cabin after Long complained. Walters wrote: “He said when they tried to move the cabin it buckled in the center and came apart. Some of the cabin was salvaged but the remaining parts were burnt.”

According to Walters, Finn said he admitted that he “made a mistake when he constructed the cabin because he thought it was on his property.” Long refused to accept $1,000 from Finn as an apology.

Animal Planet and Sharp Entertainment—the New York-based production company that makes the show—did not respond to repeat attempts to seek an interview for this article. Neither did attorneys Rebecca Schafer and Emily Newman, from the Louisville legal firm representing the bulk of the defendants. Schafer and Newman filed documents asking the court to dismiss the case in May, and denied all the central allegations. The judge has yet to rule on that request.

In March, Long filed a suit against Animal Planet and its parent company Discovery Communications, along with the show’s production company, Sharp Entertainment, CORE Media Group (which owns Sharp), the cast of the show, and his neighbor Rodney D. Finn, who he says also trespassed and was involved in the construction and destruction of the tree house. Long has since been locked in the back-and-forth pre-trial exchange of documents between lawyers. No trial date has been set.

For his part, it seems like Turtleman might need all the financial help he can get from the production company he has worked for since 2011. “People think I have a million dollars,” he told The Post Standard, in March. “I got the famous part, but I haven’t got the rich part figured out yet. I’m the poorest famous guy around. I only made $50,000 last year, and that’s before taxes.”

Call of the Wildman is still under investigation by the US Department of Agriculture, which is looking into multiple claims of animal mistreatment raised by Mother Jones reporting last year:

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Animal Planet Is Being Sued for a Whole Bunch of Insane Things

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Maybe Conservatives Have a Point About the War on Christmas

Mother Jones

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Joshua Feuerstein has earned 15 million views for his viral Facebook video claiming that “Starbucks wanted to take Christ and Christmas off of their brand new cups.” And you know, the guy has a point. We liberals have been mocking the “War on Christmas” for years, but this time maybe we’ve finally gone too far. Take a look at last year’s cup and this year’s cup and you be the judge.

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Maybe Conservatives Have a Point About the War on Christmas

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This Is How Prosecutors (Still) Keep Black People Off Juries

Mother Jones

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The exclusion of black people from juries is a hot topic this week, as the United States Supreme Court considers the case of Timothy Foster, a black man charged with murdering an elderly white woman in Georgia some three decades ago. Foster was convicted and sentenced to death by an all-white jury after prosecution lawyers used their so-called peremptory strikes to disqualify the blacks in the pool, citing “race-neutral” reasons.

Up until this point in the case, the courts had accepted those alternative rationales. But the prosecutors’ notes from jury selection, which were finally revealed thanks to a Public Records Act request, suggest a deliberate exclusion strategy. On the list of prospective jurors, the black names were circled, highlighted in green, and marked with a “B.” They were also ranked, an investigator for the prosecution noted in an affidavit, in case “it comes down to having to pick one of the black jurors.” Ouch. (Yesterday, Mother Jones reporter Stephanie Mencimer tracked down one of those rejected jurors, who recalled prosecutors the treating her “like I was a criminal.”)

“We have an arsenal of smoking guns,” Foster’s lawyer, the famed capital defender Stephen Bright, told the high court during Monday’s oral arguments. Several justices seemed to agree. “Isn’t this as clear a Batson violation as this court is likely to see?” asked Justice Elena Kagan.

She was referring to the 1986 case of Batson vs. Kentucky, in which the Supreme Court explicitly prohibited the striking of jurors based on ethnicity. But the legal profession has long looked the other way as prosecutors come to court armed with what, in the Foster case, was described as a “laundry list” of alternative explanations for a juror’s removal. Things like, “Oh, this juror is about the defendant’s age,” or “They grew up in the same part of the city.”

Among other things, Foster’s lead prosecutor noted that several of the prospective black jurors he dismissed hadn’t made sufficient eye contact when he questioned them. In any case, it’s not hard to invent reasonable-sounding explanations for striking a juror, and therein lies the problem. Only when you run the numbers does the racist intent comes into sharp focus.

For a little context, it’s helpful to look at portions of Marc Bookman’s recent essay about Kenneth Fults, another Georgia death row inmate. One of the jurors in that case, a white man, later made the following statement under oath: “That nigger got just what should have happened. Once he pled guilty, I knew I would vote for the death penalty because that’s what that nigger deserved.” The white lawyer assigned to defend Fults also used the N-word with abandon. But none of this was enough to convince skeptical courts to grant Fults a resentencing. In his essay, Bookman explains how the legal system is rigged against black defendants, and why, without an arsenal of smoking guns, arguing racial discrimination is usually a losing game:

Consider one of the most famous examples, the 1987 Supreme Court case of McCleskey v. Kemp, in which lawyers for Warren McCleskey, a black man sentenced to death for killing a white police officer, presented statistics from more than 2,000 Georgia murder cases. The data demonstrated a clear bias against black defendants whose victims were white: When both killer and victim were black, only 1 percent of the cases resulted in a death sentence. When the killer was black and the victim white, 22 percent were sentenced to death—more than seven times the rate for when the races were reversed.

It wasn’t just jurors who were biased. Prosecutors sought the death penalty for black defendants in 70 percent of murder cases when the victim was white, but only 15 percent when the victim was black.

The Supreme Court was less than impressed with all of this. Justice Lewis Powell, in a 5-4 majority opinion he would later call his greatest regret on the bench, wrote that McCleskey could not prove that “the decisionmakers in his case acted with discriminatory purpose.” In short, evidence of systemic racial bias had no relevance in individual cases…

Georgia executed McCleskey in 1991, but the McCleskey rationale—which the New York Times labeled the “impossible burden” of proving that racial animus motivated any particular prosecutor, judge, or jury—has been used by dozens of courts to reject statistical claims of discrimination in capital cases, even though today’s numbers are not much better.

Bookman goes on to detail the sordid history of jury stacking:

The phrase “legal lynching” first appeared in the New York Times during the infamous 1931 Scottsboro Boys trials, in which nine black youths were charged with raping two white women in Alabama. Their lack of counsel, coupled with the explicit exclusion of black jurors, led the Supreme Court to intercede twice and reverse convictions.

It’s hard to read those opinions today without feeling a sense of horror. Within two weeks of the alleged crime, eight of the nine young men had been sentenced to death in three separate trials by the same jury. Although there was no shortage of black men in Scottsboro County who were legally eligible to serve on juries, there was no record of any of them ever serving on one. Perhaps most remarkably, none of the defendants had a lawyer appointed to represent him until the morning of trial. In 2013, more than 80 years after the arrests, the Alabama Board of Pardons and Paroles posthumously pardoned the three Scottsboro Boys whose convictions still stood.

We have not come nearly as far from these outrages as you might think. People of color are still dramatically underrepresented (PDF) on juries and grand juries, even though excluding people based on race is illegal and undermines “public confidence in our system of justice,” as the Supreme Court put it in 1986. Prospective black jurors are routinely dismissed at higher rates than whites. The law simply requires some rationale other than skin color.

“Question them at length,” a prominent Philadelphia prosecutor suggested to his protégés after the Supreme Court banned race as a reason for striking jurors. “Mark something down that you can articulate at a later time.” For instance, a lawyer might say, “Well, the woman had a kid about the same age as the defendant, and I thought she’d be sympathetic to him.”

In 2005, a former prosecutor in Texas revealed that her superiors had instructed her that if she wanted to strike a black juror, she should falsely claim she’d seen the person sleeping. This was just a dressed-up version of the Dallas prosecution training manual from 1963, which directed assistant district attorneys to “not take Jews, Negroes, Dagos, Mexicans, or a member of any minority race on a jury, no matter how rich or how well educated.”

The 1969 edition of the manual, used into the 1980s, promoted a more subtle brand of stereotyping, noting that it was “not advisable to select potential jurors with multiple gold chains around their necks.” But it hardly mattered: Overt, covert, or in between—the result was the same.

Virtually every state with a death penalty has dealt with accusations that black jurors have been improperly kept off juries. During the 1992 death penalty trial of a defendant named George Williams, for example, a California prosecutor dismissed the first five black women in the jury box. “Sometimes you get a feel for a person,” he explained, “that you just know that they can’t impose it based upon the nature of the way that they say something.” The judge went even further, noting that “black women are very reluctant to impose the death penalty; they find it very difficult.” In 2013, the California Supreme Court ruled that these jury strikes were not race-based, and deemed the judge’s statement “isolated.” Williams remains on death row.

After North Carolina passed its Racial Justice Act, a 2009 law that let inmates challenge death sentences based on racial bias, a state court determined that prosecutors were dismissing black jurors at twice the rate of other jurors. The probability of this being a race-neutral fluke, according to two professors from Michigan State University, was less than 1 in 10 trillion; even the state’s expert agreed that the disparity was statistically significant. Based on these numbers, the court vacated the death sentences of three inmates and resentenced each to life without parole. Six months later, the state legislature repealed the Racial Justice Act.

Finally, in an earlier essay on the case of Andre Thomas, a death row inmate with a long and bizarre history of mental illness, Bookman described yet another ploy to keep black people off Texas juries:

It’s called the “shuffle.” The pool of potential jurors, known as a venire, are seated in a room, and with no information other than what the jurors look like, either side can request that they be shuffled—reseated in a different order.

The order of the venire, it turns out, is crucial to the jury’s final makeup. That’s because each juror is questioned in turn, and if lawyers from either side want to exercise their right to disqualify someone, they have to do it then and there. If it looks like one side is striking a juror based on race—which is not allowed—the other side can mount a challenge. Hence the shuffle: At Andre’s trial, there were initially six African Americans seated in the first two rows. After the shuffle—which proceeded without any objection by the defense—there were no blacks in the first five rows. Ultimately, two black jurors were questioned and dismissed. When all was said and done, the entire jury—not to mention the judge and all of the lawyers—was white.

Smoking guns, people. Smoking guns.

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This Is How Prosecutors (Still) Keep Black People Off Juries

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Prosecutors Dealt a Setback in Trial of Rand Paul Aides

Mother Jones

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An Iowa judge dealt a setback to prosecutors who have accused several Paul family political operatives of breaking campaign finance laws during Ron Paul’s 2012 presidential campaign. The judge ruled on Friday that all the charges filed against John Tate, a longtime Paul family operative who worked for both Ron and Rand Paul and for groups tied to the family’s political causes, should be dismissed. During the 2012 election, Tate was in charge of America’s Liberty PAC, a pro-Rand Paul super-PAC endorsed by the Kentucky senator. Several of the charges against Jesse Benton, who is married to Ron Paul’s granddaughter and also involved with America’s Liberty PAC, were also dropped. But Benton and a third Paul lieutenant, Dimitri Kesari, are still both scheduled to go to trial next week.

This case focuses on these operatives’ roles running the 2012 Ron Paul campaign and an apparent plan to pay an Iowa state senator to switch his endorsement from Michele Bachmann to Ron Paul. The state senator, Kent Sorenson, initially denied there was a scheme to pay him to back Ron Paul, but eventually he admitted that he took money from the Paul campaign through a third party (to cover the campaign’s tracks). He pleaded guilty last year to federal campaign finance charges and is awaiting sentencing. On Friday, federal judge John Jarvey, dismissed all the charges against Tate and all but one of the charges against Benton, saying that in presenting charges to the grand jury, prosecutors improperly included accusations that Benton and Tate lied about their involvement in the case during meetings with investigators and prosecutors.

The judge’s decision was apparently based on complaints by Benton and Tate’s respective lawyers that the government convinced a grand jury to indict them by using statements the men made when they were under the impression that prosecutors wouldn’t use these remarks against them. According to court documents, last summer, before a grand jury was convened, the two men met, separately, with investigators and prosecutors in what is known as “proffer sessions”—meetings in which the subject of the interview is usually given some immunity and a promise the government won’t use what they tell investigators against them. The one instance in which statements made during a proffer session can be used to prosecute the interviewee is when the government prosecutes the person directly for making false statements to federal investigators. The charges against Tate and Benton that were dismissed today were related to conspiracy and campaign finance violations. The judge ruled that it was improper for prosecutors to bring up what Benton and Tate said in the proffer sessions when accusing them of those crimes.

Benton is still charged with making false statements to federal investigators and Kesari still faces six charges relating to the case, including conspiracy and campaign finance charges. Prosecutors also claim he tried to convince Sorenson to not cooperate with investigators.

Neither Benton nor Tate’s attorney responded to requests for comment, but Peter Carr, a spokesman for the Department of Justice, said new charges may still be filed against Tate and Benton.

“The government is free to proceed to trial—and informed the court today that it will proceed to trial—on the remaining counts pertaining to Benton and Kesari,” Carr said. “The decision regarding the dismissed counts will be made at a later date post trial.”

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Prosecutors Dealt a Setback in Trial of Rand Paul Aides

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John Kasich on How to Reduce Mass Shootings: More Death Penalty

Mother Jones

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Ohio Governor John Kasich told reporters in New Hampshire on Friday that he considers the death penalty and long prison sentences a better approach than gun control when it comes to reducing the number of mass shootings.

Kasich, who voted for a federal assault weapons ban as a Republican congressman two decades ago, demurred when asked what steps Washington should take in the wake of the Thursday massacre at Umpquah Community College in Oregon that left 10 people dead. “I don’t believe that gun control would stop this,” he told a scrum of journalists after a town hall in Goffstown, during which the subject did not come up.

Kasich continued:

I think they have very tough gun laws in that state. The fact is that more and more people believe that they should be able to defend themselves. And if take guns away from people who are law-abiding the people who are going to cause these horrible things are still gonna have them. I don’t agree with that. That is not—you know I favor, in Ohio, the death penalty. I favor long prison sentences.That’s the way I would go.

When a reporter asked him what specifically he would do to curb mass shootings as president, Kasich said it wouldn’t be his responsibility. “I don’t think any president can stop mass shootings,” he said. “And again I think that all of these places that are soft targets need to be hardened. My own state, as I’ve said, it’s frustrating to see some school districts not taking it seriously. These are terrible tragedies and we need to find out more about who this person is. If this person’s had mental illness they should never have had a weapon. That’s the rules.”

In an earlier interview with NBC News, Kasich offered a clearer idea of what he means by hardening “soft targets.” He said he wants all schools, including universities, to implement warning systems that would allow them to go into “lockdown” mode if there is a campus threat.

Kasich’s emphasis on the death penalty is curious given that more than half of the perpetrators of mass shootings over the last three decades took their own lives. The number goes up if you count “suicide by cop”—that is, those instances when a shooter was killed by law enforcement.

Moreover, Ohio’s death penalty process is notoriously flawed. Last spring, a federal judge placed a seven-month moratorium on all executions in the state after a lethal injection left a convicted killer writhing on his deathbed for 25 minutes. On Thursday, an Ohio court struck down an inmate’s death sentence, citing flaws in the state case.

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John Kasich on How to Reduce Mass Shootings: More Death Penalty

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This GOP Presidential Candidate Is Trying to Destroy Planned Parenthood. Now Planned Parenthood Is Fighting Back.

Mother Jones

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Planned Parenthood in Louisiana is asking a federal judge to halt presidential candidate and state Gov. Bobby Jindal’s efforts to cut Medicaid funding for the health care organization, arguing that the cut would hurt nearly 6,000 low-income women, men, and teens who access the group’s services each year.

Referencing the series of attack videos that depict Planned Parenthood officials in California and other states discussing fetal tissue donation, Jindal earlier this month directed the state’s department of health to terminate Planned Parenthood’s contract with Medicaid, saying the organization was not “worthy of receiving public assistance from the state.”

Planned Parenthood Gulf Coast, which operates clinics in New Orleans and Baton Rouge, does not offer abortion services in Louisiana. It does, however, provide physical exams, breast cancer screenings, and testing for sexually transmitted infections to 10,000 people each year, 60 percent of whom are enrolled in Medicaid.

In a lawsuit filed Tuesday, lawyers for the health care organization wrote that those patients will be cut off from health care access as early as next week, causing them “significant and irreparable harm,” unless the court blocks Jindal’s decision. Medicaid payments to Planned Parenthood, which totaled nearly $730,000 last year, are set to end September 2 unless the court steps in.

A key issue is whether cutting off Planned Parenthood’s Medicaid funding is legal. This month, the federal Centers for Medicare & Medicaid Services (CMS) warned Louisiana that terminating Medicaid provider agreements likely violates a federal rule requiring Medicaid beneficiaries to be able to obtain services from any qualified provider.

The point of that provision, according to CMS, is to “allow Medicaid recipients the same opportunities to choose among available providers of covered health care and services as are normally offered to the general population.”

Louisiana isn’t the only state to cut funding for Planned Parenthood: Alabama, Arkansas, New Hampshire, and Utah have taken similar steps. And Republicans in Congress tried, but failed, to push through a bill to slash $500 million in federal funding.

Jindal is also one of a handful of Republican governors who have launched investigations into state Planned Parenthood affiliates in the hopes of finding criminal activity related to the sale of aborted fetal tissue. Those investigations, many of which are taking place in states that don’t have fetal tissue donation programs, have so far turned up nothing. The investigation in Louisiana, however, has put on hold the construction of a third Planned Parenthood clinic, which was approved by the department of health earlier this year after months of pushback.

But coming out swinging against the country’s largest women’s health care organization hasn’t translated to a more successful presidential campaign for Jindal. He was one of two sitting governors who did not get to participate in the first prime-time Republican debate this year because the forum was limited to the top-polling candidates. National polls have consistently put him in the low single digits.

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This GOP Presidential Candidate Is Trying to Destroy Planned Parenthood. Now Planned Parenthood Is Fighting Back.

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Should Clinton Emails Have Been Classified From the Start?

Mother Jones

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Hillary Clinton’s repeated insistence that she didn’t send or receive classified emails through her infamous personal email server seemed to take a hit Friday morning, when Reuters reported that many of her State Department emails should have been deemed automatically classified from the start. But the reality of the rules, like so many of the details in the growing email scandal, isn’t entirely clear cut.

The State Department began releasing tracts of Clinton’s emails this summer, some of which have been retroactively stamped as classified—though the messages originally lacked such markings, as Clinton has consistently said in her defense. Reuters perused the thousands of emails released to the public so far and discovered at least 30 message chains that had been redacted due to their inclusion of “foreign government information.” It’s all a bit technical, but essentially, Reuters wrote, information privately passed along by foreign governments to US officials should immediately be considered classified, a policy put in place to facilitate regular communications between countries. Reuters said that such information is the only type that US officials must considered “presumed” classified from the start.

“It appears this information should have been classified at the time and not handled on a private unsecured email network, according to government regulations,” Reuters concluded.

But one security expert doesn’t think it’s quite that simple. “Strictly speaking, the executive order on classification is permissive, not mandatory,” Steven Aftergood, who writes Secrecy News for the Federation of American Scientists, told Mother Jones. “In other words, it authorizes classification; it doesn’t require it.” Aftergood pointed to Executive Order 13526, signed by President Obama in December 2009, which says “information may be originally classified,” but does not explicitly mandate it.

Government policy encourages these sorts of communications to be classified in most instances. “It is obviously good practice to respect the confidentiality of communications from foreign partners if one hopes to maintain a productive relationship,” Aftergood says. But it’s not always mandatory, making it hard to judge from the outside whether Clinton mishandled the information in specific instances—especially since the context and content of these communications are removed when they’re redacted to the public.

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Should Clinton Emails Have Been Classified From the Start?

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