Connect with us

Published

on

Texas has joined 21 states led by the attorneys general of Louisiana, Arizona and Montana in an amicus brief filed with the U.S. Supreme Court in a major gun rights case.

The multistate coalition is asking the justices to uphold Hawaiians’ Second Amendment rights to bear arms outside their homes in response to a 2020 Ninth Circuit Court of Appeals decision that upheld Hawaii’s ban on the practice.

The amicus brief also asks the Supreme Court to resolve a split among the federal circuit courts of appeal, several of which have ruled against the high court’s landmark 2008 decision in Heller, which upholds Americans’ Second Amendment rights.

“One of the highest responsibilities of a state is to safeguard the rights of its citizens,” the states argue in the brief, “including the right ‘to keep and bear arms’ under the Second Amendment.

“Law-abiding citizens keep firearms for self-protection – both inside and outside of their homes. Amici seek to ensure that their residents will not be deprived of their Second Amendment freedoms,” which includes using guns outside of the home, they argue.

“The plain text of the Second Amendment protects the right to bear arms, not just to keep them,” the brief states. “Yet Hawaii’s firearm carrying regulatory regime functions as an outright ban on the right to carry guns outside the home for most people. It therefore violates the Second Amendment.”

After the Supreme Court’s landmark decisions in District of Columbia v.Heller (2008) and McDonald v. City of Chicago (2010), “lower courts have applied inconsistent standards in Second Amendment challenges to state firearm restrictions,” the brief states. “Inconsistent decisions by the lower federal courts have left States uncertain as to the precise boundary between permissible and impermissible restrictions. These inconsistencies have also prevented citizens of amici States from exercising their right to carry and bear arms across State lines.

“The Ninth Circuit’s en banc decision has only made this uncertainty worse by failing to engage with the argument that Hawaii’s licensing scheme effectively amounts to a ban on carrying weapons – not merely a regulation,” they add, which is why they are asking the court to establish precedent to resolve the issue once and for all.

The First, Seventh, and D.C. circuits have all held that the Second Amendment extends outside the home. The Second, Third, and Fourth circuits reached conclusions inconsistent with this principle even though they did not reject it like the Ninth Circuit did.

“The blatant misinterpretation of the Second Amendment by the Ninth Circuit must be remedied,” Texas Attorney General Ken Paxton said. “We are asking for the Court to simply uphold the Second Amendment as it is written. The lower courts have flagrantly disregarded the Supreme Court’s instructions in Heller, leaving the right to bear arms in jeopardy. We must have a clear and concise ruling that protects the Second Amendment from lower courts’ hostility to gun rights to prevent this type of infringement from happening yet again.”

The states joining the brief include Louisiana, Arizona, Montana, Alabama, Arkansas, Georgia, Idaho, Kansas, Kentucky, Mississippi, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia and Wyoming.

Advertisement
Advertisement
Comments

Government

January 6 inmates endure ‘human rights violations on a daily basis,’ bail motion alleges

Published

on

If the late Jeffrey Epstein’s alleged partner in sex trafficking can be granted a laptop 13 hours a day to actively participate in her defense, why not January 6 defendants?

The jailhouse accommodation for Ghislaine Maxwell is the most prominent example cited in a bail application for alleged Capitol rioter Dominic Pezzola, submitted to D.C. federal court Friday.

The 43-year-old veteran, now incarcerated in D.C. jail for 150 days, has been effectively shut out of his own defense in violation of constitutional guarantees specifically for defendants, not just their counsel, the filing says.

Not only is Pezzola unable to “adequately” view the voluminous text, audio and video evidence held by the prosecution, but like all other January 6 defendants housed a short drive from the U.S. Capitol, his right to attorney-client privilege is functionally meaningless, his lawyers Marty Tankleff and Steven Metcalf argue.

They raised similar objections about lack of privacy and access to evidence to Just the News two months ago, following brief outrage from Democratic and Republican lawmakers about Department of Corrections policies for January 6 defendants and other D.C. jail inmates.

Pezzola has “literally been in his cell for 22 or 23 hours a day,” the filing says. “It is impossible to have a free-flowing conversation” with their client in these “open cages where there is no confidentiality [and] everyone can hear the conversations[,] including prison guards.”

D.C. jail evidence-review policies also have “the potential to invade attorney-client privilege” and the practical effect of punishing inmates, by putting them in “restrictive housing” for two weeks at a time to privately review CDs and DVDs of evidence on jail-provided laptops.

The lawyers suggested they will seek a new trial or dismissal if these conditions aren’t reversed, citing legal precedents that punish a prosecution for “knowingly arrang[ing] or permit[ing] intrusion into the attorney-client relationship.”

They cited a recent scandal in New York City, where their law practice is based, involving the accidental recording of at least 1,500 attorney-client phone calls by a prison telecom contractor. District attorneys for all five boroughs received the recordings.

“In this case,” the lawyers hold, “a better alternative” to giving Pezzola a laptop is granting him bail, which would sidestep concerns about the D.C. jail not following court orders and infringing his attorney-client privilege.

The jail has a record of discriminating against Pezzola, sending him to “the hole” multiple times without a “reasonable penological reason” but rather as retaliation or harassment, the filing claims. One of these — lasting about two weeks, “without a single disciplinary charge” — happened hours after a broadcast interview with his wife.

Alleging “human rights violations on a daily basis” against January 6 inmates, who are not part of the general jail population, the motion claims “dozens” of them share the same unsanitary nail clippers, exercise is limited at best, access to showers is “nearly nonexistent,” and religious services and haircuts are banned.

It’s not just defense lawyers raising these concerns, the filing says, pointing to a June 24 letter from Rep. Marjorie Taylor Greene to FBI Director Chris Wray, Bureau of Prisons Director Michael Carvajal, D.C. Mayor Muriel Bowser and Yogananda Pittman, acting chief of the U.S. Capitol Police.

She demanded they provide records by July 30 on visitation hours, religious accommodations, solitary confinement, “number of daily meals” and access to attorneys and “potentially exculpatory evidence” for January 6 defendants versus the general jail population.

“If reports surrounding the treatment of these prisoners are true,” including physical violence by guards and needless isolation, “it is an enormous stain on the credibility of our justice system,” which is giving far more lenient treatment to “domestic terrorists” associated with Black Lives Matter and Antifa, Greene wrote.

Unlike with Maxwell, who allegedly arranged Epstein’s sexual encounters with minors, the government can’t come close to showing Pezzola is a flight risk, as the court determined months ago, the bail motion says. His wife and children remain in the same community where he’s lived for more than 20 years.

That leaves only the long-outdated “dangerousness” factors behind his original pretrial detention: Pezzola’s alleged discussions with other rioters of bringing weapons to D.C. and a recovered thumb drive with “instructions for making bombs, firearms, and poisons.” Any terms of his release would prohibit access to weapons.

If not released on his own personal recognizance, he can be placed into the custody of his wife under a “high intensity supervision program” with GPS monitoring, the motion suggests. His co-defendant William Pepe, who is missing from three of his 10 charges, was released on personal recognizance with travel restrictions.

Those three additional charges are not enough to justify continued detention, according to the motion. Two are based on Pezzola picking up a “riot shield” dropped by a U.S. Capitol officer, and the third — obstructing an officer from responding to “civil disorder” — did not stop release on bond for defendant Michael Foy, alleged to have struck at officers “at least 10 times” with a hockey stick.

The filing includes several pages of other defendants who faced “equal or greater criminal charges” and were granted bail or released on their own recognizance. They include actress Lori Loughlin, former police officer Derek Chauvin and Adam Christian Johnson, the January 6 rioter photographed walking off with Speaker Nancy Pelosi’s lectern.

Depriving Pezzola the same leniency violates his equal protection rights, especially in light of federal prosecutors dropping charges against the vast majority of arrestees nationwide who looted and rioted following George Floyd’s death, the motion says.

The most serious felony counts against him could also be applied to Democratic Sen. Chuck Schumer, for having “threatened” justices Neil Gorsuch and Brett Kavanaugh on the steps of the Supreme Court during oral argument in an abortion case.

The lawyers said they would also request discovery for the government’s charging documents against pro-choice Code Pink activists and other protesters who disrupted Kavanaugh’s confirmation hearings, which were “official proceedings.”

Advertisement
Continue Reading

Local

BREAKING: Newsom recall becomes official, over 1.7M petition signatures verified

Published

on

According to a breaking report from Fox News “California’s effort to recall Gov. Gavin Newsom has succeeded in forcing a new election within 90 days following the validation of more than 1.5 million signatures, according to state officials.”

“The California Secretary of State’s Office confirmed the move Wednesday evening. The recall petition garnered over 1.7 million signatures, of which only 43 were withdrawn, leaving the effort well above the 1.5 million threshold,” the report adds.

The Secretary of State’s office announced in a statement “A sufficient number of verified recall signatures had previously been reached by recall proponents in April. However, in accordance with California election law, voters were given a 30-day period from April 26 to June 8th to request county officials remove their signatures from recall petitions.”

Earlier today, Ariel Boone tweeted “An investigation from CapRadio and NPR’s California Newsroom found Gov. Newsom has misled the public by overstating the scale of the wildfire prevention efforts underway, and how much prescribed burning + fuel break building has actually happened:”

Per the report:

An investigation from CapRadio and NPR’s California Newsroom found the governor has misrepresented his accomplishments and even disinvested in wildfire prevention. The investigation found Newsom overstated, by an astounding 690%, the number of acres treated with fuel breaks and prescribed burns in the very forestry projects he said needed to be prioritized to protect the state’s most vulnerable communities. Newsom has claimed that 35 “priority projects” carried out as a result of his executive order resulted in fire prevention work on 90,000 acres. But the state’s own data show the actual number is 11,399.

Overall, California’s response has faltered under Newsom. After an initial jump during his first year in office, data obtained by CapRadio and NPR’s California Newsroom show Cal Fire’s fuel reduction output dropped by half in 2020, to levels below Gov. Jerry Brown’s final year in office. At the same time, Newsom slashed roughly $150 million from Cal Fire’s wildfire prevention budget.

Advertisement
Continue Reading

Local

Rep. Greene congratulates Texas for becoming a Constitutional Carry state, calls for Georgia to do the same

Published

on

Wednesday, Rep. Marjorie Taylor Greene tweeted:

Congratulations to the people of Texas for becoming a Constitutional Carry state!

Americans should not be forced to ask government for permission to exercise Second Amendment rights.

We need to get this done in Georgia!

Rep. Greene congratulates Texas for becoming a Constitutional Carry state, calls for Georgia to do the same

Per Texas Tribune:

Texans can carry handguns without a license or training starting Sept. 1, after Gov. Greg Abbott on Wednesday signed the permitless carry bill into law.

House Bill 1927 eliminates the requirement for Texas residents to obtain a license to carry handguns if they’re not prohibited by state or federal law from possessing a gun. The signing was reported by the Texas Legislature’s official website, which tracks the progress of legislation. Abbott’s office has announced a ceremonial signing of the bill and other gun-related legislation at 11 a.m. Thursday.

Advertisement
Continue Reading
Advertisement
Hunter Biden15 hours ago

Obama ethics chief blasts Biden WH ‘blind spot’ over Hunter Biden meeting with potential art buyers

Dr. Rand Paul15 hours ago

[VIDEO] Rand Paul Recounts Being Attacked In DC: ‘The Police Saved Our Lives’

Congress15 hours ago

[VIDEO] Jesse Watters: Meet corrupt congressman Eric Swalwell

Jan. 6 committee2 days ago

House Freedom Caucus calls on McCarthy to attempt to remove Pelosi as speaker

News2 days ago

Trump supporter ignoring judge’s order to remove anti-Biden signs from yard

Joe Biden2 days ago

[VIDEO] ‘Really, Really Disturbing’: Lisa Murkowski Expresses Shock At Biden Nominee’s Past

Border Crisis2 days ago

[VIDEO] Farmers seek payment from WH for border crisis damage

News2 days ago

Biden Administration Admits To Helping Control What You’re Allowed To Know

Congress2 days ago

Republican Caucus members calls on McCarthy to attempt to remove Pelosi as speaker

News2 days ago

Democrats’ Definition Of ‘Misinformation’ Is Whatever Hurts Them Politically Today

Racism2 days ago

Candace challenges Logan after he goes full “woke” and says “it’s not enough to be not racist”

Congress2 days ago

House Democrats block a bill that would declassify information on the origins of COVID-19

News2 days ago

How Georgia Voting Official Made Excuses For Residents Who Illegally Voted in 2020

FBI2 days ago

FBI aggressively seeking tipsters in Jan. 6 probe, despite spotty track record fielding terror tips

Court & Law2 days ago

Mississippi attorney general asks Supreme Court to overturn Roe V. Wade

Black Lives Matter4 months ago

[VIDEO] Big Plot Twist: George Floyd’s Drug Dealer Just Dropped Jaws in Court

Media1 month ago

CNN Host STUNNED When Red-Pilled Guests Don’t Follow the Lib Vaccine Narrative

Federal Agency3 months ago

Fauci’s agency spent over $400k on experiments grafting aborted fetal scalps onto mice and rats

Election3 months ago

‘If There’s Nothing To Hide, There Should Be Nothing To Worry About’

LAPD SWAT4 months ago

LAPD SWAT officer shot in the face before gunman is killed in standoff, intense video shows

Local3 months ago

‘Not Our Problem’ Iowa Just Refused Joe’s Pleas to House His Migrants

News4 months ago

Dan Crenshaw Just Took Down Joe, China, Globalists, and MLB in One Masterful Shot

US Capitol4 months ago

Breaking — Capitol on emergency lockdown due to ‘external security threat’…

News1 month ago

John McAfee, Who Claimed He Had “Info to Expose US Corruption” Found Dead Of Suicide

Border Crisis4 months ago

Biden’s ‘Border Coordinator’ to Step Down Amid Invasion at the U.S./Mexico Border

News2 months ago

Guatemalan President Tells Kamala Harris to Put On Face Mask. Does She Hate the Elderly?

Black Lives Matter2 months ago

Black Lives Matter St. Paul Founder Says He ‘Resigned’ After Learning the ‘Ugly Truth’

Culture4 months ago

Rapper DMX’s 15 Children Show up to Hospital to Say Final “Goodbyes” To Their Dad

CNN4 weeks ago

CNN Tries to Interview Man at Trump Rally, Gets TOLD OFF

Court & Law3 months ago

Mother of Four Who Stopped Capitol Protesters From Breaking Windows Raided, Faces 55 Years in Prison –

Dr. Rand Paul15 hours ago

[VIDEO] Rand Paul Recounts Being Attacked In DC: ‘The Police Saved Our Lives’

Congress15 hours ago

[VIDEO] Jesse Watters: Meet corrupt congressman Eric Swalwell

Joe Biden2 days ago

[VIDEO] ‘Really, Really Disturbing’: Lisa Murkowski Expresses Shock At Biden Nominee’s Past

Border Crisis2 days ago

[VIDEO] Farmers seek payment from WH for border crisis damage

Crime3 days ago

[VIDEO] ‘The Five’ reacts to Biden’s claims that GOP is ‘lying’ about Dems’ support of ‘defunding police’

Nancy Pelosi3 days ago

[VIDEO] Scalise Accuses Pelosi Of Attempting To Create ‘Kangaroo Court’ After Jim Jordan, Jim Banks Refusals

california4 days ago

[VIDEO] ‘The Five’ reacts to rise in shoplifting, theft plaguing Democrat-led cities

Jen Psaki4 days ago

[VIDEO] Ted Cruz Mocks Jen Psaki, Castigates Democrats Over ‘Defund The Police’ Claims

democrate5 days ago

[VIDEO] Tucker uncovers Eric Swalwel’s ‘suspicious’ campaign expenditures

Border Crisis5 days ago

[VIDEO] ‘Shocking’ footage of migrants forcing way past border

COVID5 days ago

[VIDEO] Fiery Clash Between Rand Paul And Dr. Fauci, Each Accuses The Other Of Lying

Border Crisis5 days ago

[VIDEO] Tucker gives ‘surprising’ update on report military is transporting migrants

democrate5 days ago

[VIDEO] ‘Doesn’t Sit Right’: Tuberville Takes Aim At Pelosi, Schumer Over Infrastructure Bill Inclusions

brian stelter5 days ago

[VIDEO] Tucker reacts to Brian Stelter being ‘roasted’ by guest on his own show

Federal Reserve2 weeks ago

Fed Chairman — We could wipe out the crypto industry with digital U.S. Currency…

Trending

Copyright © 2021 TSD