Justice

Justice Department activates untested court for ‘alien terrorist’ deportations

The Trump administration has filed a first-ever petition to a secretive and dormant court created 30 years ago to consider government requests to deport “alien terrorists” from the United States.

The Alien Terrorist Removal Court was established in 1996 but had never received a petition until Wednesday, when the Justice Department filed an application seeking the removal of an individual whose name is withheld from the single-page document posted on the court’s website.

The chief judge of the five-member court, Joan Ericksen, said in a written response to the petition that a hearing was held Thursday during which the court had “questions about the nexus that the government alleges between the actions of the respondent and the specific sections and subsections it invokes with respect to those actions.”

“The answers persuaded the Court that the Government could benefit from the opportunity for more thoughtful consideration,” wrote Ericksen, a federal judge in Minnesota.

She directed the Justice Department to provide more information by Wednesday.

The court’s authorities emerged from the Antiterrorism and Effective Death Penalty Act of 1996, which permits the attorney general to file under seal applications for the deportation of a suspected “alien terrorist.” If an application is granted, the court must hold a public hearing at which the government has the burden to prove that the individual satisfies that definition. Applications must be approved by the attorney general or deputy attorney general.

Federal law says that an individual could qualify as an “alien terrorist” by, among other factors, having “engaged in a terrorist activity,” endorsing or espousing terrorist activities and by belonging to a political or social group that encourages terrorist activity.

The court has been dormant since its creation, having received — until last week — no applications and conducting no hearings, according to a summary posted on the Federal Judicial Center website. It comprises five judges selected by Chief Justice John G. Roberts Jr.

The Trump administration has moved aggressively over the last year to carry out deportations, including invoking a 1798 wartime law, the Alien Enemies Act, to remove Venezuelan migrants who officials accuse of being part of a terrorist gang. During a hearing in that case last year, the Washington judge presiding over it, James Boasberg, indicated that the Alien Terrorist Removal Court would be the natural forum to consider a request for deportation on national security grounds.

“In fact, Congress has an answer for us, doesn’t it? Because they created the Alien Terrorist Removal Court,” he said. “So if there’s a national security concern with having these hearings … you can always go to the ATRC, which would be a first, but that’s what it’s there for, right?”

The petition was first reported by Court Watch, an independent news site.

Tucker writes for the Associated Press.

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RNC: School shooting victim’s dad condemns ‘restorative justice’

After a gunman killed 17 students and staff at Marjorie Stoneman Douglas High School in Parkland, Fla., the survivors became the big story, not the shooter. Many students in the liberal enclave, as well as family members of the victims, rallied to agitate for stricter gun control laws.

But not all of them. One of those exceptions was Andrew Pollack, whose daughter Meadow was killed inside the school. Pollack pressed his case for President Trump’s reelection at the Republican National Convention on Monday night on the grounds that he thought the school’s liberal policies on student discipline had contributed to his daughter’s death.

“After my daughter’s murder, the media didn’t seem interested in the facts. So I found them myself. I learned that gun control laws didn’t fail my daughter. People did,” Pollack said, blaming “far-left Democrats in our school district” for adopting insufficiently harsh disciplinary measures to catch previous red flags about the gunman, a troubled former student.

“I was just fine with the old approach to discipline and safety — it was called discipline and safety,” Pollack said, criticizing the school’s “restorative justice” policy. “But the Obama-Biden administration took Parkland’s bad policies and forced them into schools across America.” He praised Trump for ending support for those policies, and told listeners their children’s safety depended on Trump being reelected.

Trump has occasionally wavered in his rhetoric on gun control policies, but his administration has time and again come back to conservative positions against universal background checks and bans on semiautomatic rifles, which have become Democratic orthodoxy.

The Times profiled Pollack in 2019. A native of Long Island, N.Y., who voted for Trump in 2016, Pollack was angered by the media’s close focus on gun policy rather than on other factors leading up to the shooting. Pollack appeared at the White House a week after the massacre.

“I’m pissed,” Pollack shouted in a listening session at the White House. “It’s not about gun laws right now. That’s another fight, another battle. Let’s fix the schools and then you guys can battle it out.”

Pollack was also critical of the student activists who survived the massacre and then called for tighter gun control policies. “They just got famous off the death of these kids,” Pollack told The Times in 2019. “Their agenda was to get famous and spew more of their liberalism ways without looking at the facts.”

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US Justice Department refuses New Mexico’s request for Epstein files | Human Trafficking News

New Mexico says the withheld records are critical to its criminal investigation into alleged abuse at Epstein’s ranch.

The United States Department of Justice (USDOJ) has said it cannot provide the state of New Mexico with unredacted files pertaining to convicted sex offender Jeffrey Epstein.

In a social media post on Wednesday, it argued that doing so would violate existing law.

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“Federal law, court orders, and privacy protections for victims and witnesses do not allow us to release millions of unredacted documents,” the department wrote.

The post came in response to pressure from New Mexico’s Department of Justice, led by state Attorney General Raul Torrez, a Democrat.

In a letter released to the public last week, Torrez accused the administration of President Donald Trump of obstructing his state’s investigation by refusing to release critical documents.

But the US Justice Department (USDOJ) pushed back in Wednesday’s post, claiming Torrez’s request fell outside its authority.

“We will continue to follow federal law and the court orders that are in place,” the Justice Department said. “To capitulate to their demands would be to break federal law. Is that what the [New Mexico attorney general] is suggesting?”

The Epstein scandal has been a pressure point for the Trump administration since the Republican leader began his second term in 2025.

Critics say the administration has fallen short of its commitment to transparency, with some speculating that officials may be shielding powerful figures featured in the Epstein files.

Trump himself was part of Epstein’s social circle. He has denied any knowledge of Epstein’s crimes.

Epstein is accused of directing a sex-trafficking ring whose victims number in the hundreds.

In 2019, during Trump’s first administration, federal prosecutors called on New Mexico to suspend its investigation into Epstein’s activities in the state to allow their own case to proceed.

Epstein, however, died that year while in jail. His death was deemed a suicide.

New Mexico reopened its investigation in February after the second Trump administration released millions of records under the Epstein Files Transparency Act.

In his letter this month, Torrez explained that his office has spent more than five months seeking the unredacted federal records it needs to proceed with its probe.

But the office has yet to receive all the files it requested, Torrez said. He called the Justice Department’s actions a “deliberate choice not to cooperate”.

“Every day the USDOJ withholds these records, the case that could be brought on behalf of New Mexico survivors becomes more difficult to make,” Torrez wrote.

“Witnesses relocate and become unreachable, memories already strained by years of trauma and silence continue to fade, physical and documentary evidence degrades or is lost.”

New Mexico is examining allegations that women and girls were trafficked to Epstein’s Zorro Ranch, a sprawling property he owned south of Santa Fe from 1993 until his death.

Documents released by the US Justice Department in January include an unverified tip about videos of sexual abuse and the alleged burial of two foreign girls on the property.

Survivors like the late Virginia Giuffre have also made allegations about sexual assault and other crimes taking place on the ranch. State officials say those allegations were never fully investigated.

The dispute comes amid growing scrutiny of the Trump administration’s handling of the Epstein files.

The administration continues to face questions about whether it fully complied with the Epstein Files Transparency Act, passed in November.

It required the Justice Department to publish its Epstein-related records within 30 days, with limited redactions to protect victims.

Millions of files were eventually released, many with heavy redactions, while the identities of some victims were exposed.

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Kagan, Barrett to speak before House committee about justice security

Supreme Court Chief Justices John Roberts, Elena Kagan, Brett Kavanaugh and Amy Coney Barrett listen as President Donald Trump delivers his State of the Union address in February. Kagan and Barrett plan to testify before Congress Tuesday about the need for increased security for justices. File Photo by Annabelle Gordon/UPI | License Photo

July 14 (UPI) — Two Supreme Court Justices are planning to testify before Congress Tuesday about the Court’s budget ask for extra security amid growing threats.

Supreme Court Justices Elena Kagan and Amy Coney Barrett plan to appear before the House Appropriations subcommittee that approves funding for the Court to discuss the request for a $16.6 million budget increase to improve security for the justices at work and home. But questioning could veer toward several recent controversial decisions the Court made in its 2025-2026 term.

The budget increase requested is $20.6 million for fiscal year 2027. It asks for $14.6 million to give each justice six more security agents and 25 extra officers at the Supreme Court building, The Washington Post reported. The request also includes $2 million for a residential security office to coordinate home security.

It will be the first time Court justices have gone before Congress since 2019.

Supreme Court justices regularly face personal attacks from politicians and the public who may be displeased with their decisions.

Barrett’s home was “swatted” in May, when a caller reported gunshots at her home to lure police there. In October, a woman was sentenced to eight years in prison for planning to kill Justice Brett Kavanaugh.

Chief Justice John Roberts spoke out in March against personal attacks on judges after President Donald Trump criticized the justices for striking down his tariffs.

“Personally directed hostility is dangerous and has got to stop,” Roberts said during a speech in Houston.

Sending justices to Congress has become rare. Until 2011, at least one justice had appeared before Congress every year. Since then, there have been only three appearances.

A book for condolences, sticky notes and flowers are seen outside the office of the late Sen. Lindsey Graham, R-S.C., at the Russell Senate Office Building on Monday. Graham died on the evening of July 11 at the age of 71 after what his office described as a brief and sudden illness. He served South Carolina in Congress for 31 years, including eight years in the House of Representatives and 23 years in the Senate. Photo by Bonnie Cash/UPI | License Photo

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Defense, Justice departments to target press leaks

July 13 (UPI) — Pete Hegseth, secretary of the U.S. Defense Department, announced Monday that the Pentagon will team up with the Justice Department to “identify and prosecute” those leaking information to the press.

In a video posted on social media, Hegseth said he has delegated tasking authority to the department’s office of general counsel, empowering it to “request and receive all information, records and support across the department concerning media leak investigations.”

“Leaked information risks lives; these new tools and processes will greatly assist us in protecting our joint force,” Hegseth said. He thanked acting Attorney General Todd Blanche for “his help in this important project.”

The task force announcement comes after the Trump administration issued subpoenas this weekend to New York Times journalists, demanding they testify in front of a federal grand jury “in regard to an alleged violation of federal criminal law.” The Times reported last week, using anonymous sources, about security concerns involving President Donald Trump‘s new Air Force One, which was donated by Qatar.

Representatives from the Times also said a senior FBI official contacted a reporter and senior editor before the story ran, wanting the article to be withheld and asking for the names of sources.

A top newsroom lawyer for the Times said the journalists report the facts and “advance the American public’s right to know how their government is operating and their taxpayer dollars are being used.”

“This brazen act should be seen as nothing more than an attempt to prevent the public from knowing what is happening in their country by intimidating journalists from doing their jobs,” lawyer David McCraw said.

Justice Department spokeswoman Emily Covington said in response to the Times that reporters are not the targets, those leaking classified information are.”

Earlier in 2026, the Justice Department also issued subpoenas to journalists at The Wall Street Journal and The Washington Post. It withdrew them after the news organizations challenged the attempt. Federal agents also raided the home of a Washington Post reporter in January in connection with a government contractor’s handling of classified information.

Olympic canoeist David Hearn departs the Moultrie Courthouse after pleading not guilty to damaging the Lincoln Memorial Reflecting Pool on Thursday. Hearn was indicted on July 2 on one count of destruction of property of more than $1,000 for allegedly damaging the Reflecting Pool, carrying a maximum penalty of 10 years in prison if convicted. Photo by Bonnie Cash/UPI | License Photo

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Coach charged as Bucknell player parents seek justice in hazing death

It has taken two years, but the parents of the late Calvin “CJ” Dickey Jr. have finally been able to express appreciation for the efforts of authorities in the Pennsylvania attorney general’s office. Still, they are a long way from what they might consider a satisfactory resolution.

Dickey died after collapsing during the first day of Bucknell University football training camp in July 2024. The freshman lineman was put through rigorous drills by strength and conditioning coach Mark Kulbis, according to the attorney general’s office, even though Kulbis knew Dickey had sickle cell trait. The medical condition can increase the risk of serious injury or death following extreme exertion.

Dickey, 18, was taken to the hospital and died two days later.

Kulbis, who left Bucknell in January 2025, has been charged with felony aggravated hazing and misdemeanor counts of involuntary manslaughter, reckless endangerment and hazing, according to the attorney general’s office. Bail was set at $10,000.

“The facts show this was an intentional, deliberate hazing perpetrated by a coach who knew CJ’s health condition made him vulnerable to extreme workouts,” Atty. Gen. Dave Sunday said in a statement. “The facts show this defendant received information about CJ’s health condition, along with training about NCAA anti-hazing standards, and disregarded that information. This is an extraordinary tragedy, worsened by the fact that CJ’s death was preventable.”

Reached by the Associated Press on Tuesday, Dickey’s father, Calvin Sr., said that he and his wife, Nicole, are “at the point where we’re just glad that someone is being held responsible for our son’s death. We just want to see the process through, and we’re going to leave it to the attorney general to continue following the evidence.”

Dickey’s parents filed a lawsuit in April 2025 against Bucknell and its athletic staff, alleging that CJ’s death was the result of a hazing ritual for freshmen players.

“While the University will not comment on pending litigation, we again extend heartfelt sympathies to CJ’s family, and we will continue to focus on our most important priority — the health and safety of all Bucknell students,” Bucknell told ESPN in a statement.

According to an autopsy report issued by Montour County, Dickey was diagnosed with “exercise collapse associated with sickle cell trait,” rhabdomyolysis and acute renal failure.

With rhabdomyolysis, kidneys become strained when proteins and electrolytes from damaged muscle tissue are released into the bloodstream. Studies have shown that sickle cell trait can be fatal when coupled with rhabdomyolysis.

In the lawsuit, Dickey’s parents alleged that Bucknell athletic trainers and coaches knew their son had sickle cell trait and failed to take steps to ensure precautions were in place.

“We have asked repeatedly for not just a high-level overview of what happened that day, but for the details, the specific fully transparent details,” Nicole Dickey told NPR shortly after the lawsuit was filed. “We’ve reached the point with Bucknell where we do not feel that we’re going to get that. The only path for us to get that truth is to file the civil lawsuit.”

More than a year later, the charges brought against Kulbis created another path that Dickey’s parents hope lead to a resolution.

“We do this for CJ, for every young man on that team, and anyone who comes after him, and anyone at any university,” Nicole Dickey told ESPN. “This is a longer, harder path, and I am ready for it. My boy is worth it.”

The Associated Press contributed to this story.

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Judge rejects Justice Department attempt to get names of 2020 election workers in Fulton County

The U.S. Department of Justice cannot have the names of and contact information for every person who worked during the 2020 election in Georgia’s Fulton County, a federal judge ruled Tuesday.

The Justice Department in April obtained a grand jury subpoena seeking the names and personal contact information of county employees and volunteer poll workers. President Trump has long claimed without evidence that widespread voter fraud in Georgia’s most populous county, a Democratic stronghold, cost him victory in the state in 2020.

Fulton County asked a judge to quash the subpoena, arguing it was meant to “target, harass and punish the President’s perceived political opponents” and that it was “grossly over broad and untethered to any reasonable need.”

“Given the low need for the subpoenaed information and the highly burdensome nature of the disclosure of the same, the Subpoena is unreasonable and must be quashed,” U.S. District Judge William Ray wrote in his ruling, calling the scope of the request “staggering.”

Emails seeking comment were sent to both the Justice Department and Fulton County.

Although grand juries often work with federal prosecutors to investigate alleged crimes, “that does not give the DOJ the right to use the Grand Jury to do whatever the DOJ wants,” he wrote.

Even if the records sought by the Justice Department could help find people who worked for the county during the 2020 election who support the theory that the election was unfair, the information couldn’t be used to charge anyone, Ray wrote.

“That is because the statute of limitations for any possible crime arising from the 2020 Election has long expired,” he wrote.

The subpoena came after the FBI in January served a search warrant at the Fulton County election hub and seized hundreds of boxes of ballots and other documents from the 2020 election. A federal judge in May denied the county’s request to force the federal government to return the ballots.

The Justice Department argued in a court filing that the subpoena was the “next step in the normal investigative process” and that it seeks “records identifying persons with relevant knowledge.”

Kamal Ghali, a lawyer for the county, argued that the subpoena “will chill participation by election workers” and that the statute of limitations for any of the alleged misconduct had already lapsed.

Justice Department lawyer William McComb argued the statute of limitations issue is not relevant at the investigative stage. The point of the investigation is to figure out what charges can be brought, he said.

“My point is, as we sit here now, we are not sure what charges can be brought. That’s the whole point of the investigation,” he said.

The request for election workers’ contact information, McComb said, “would simply be a pathway to determine and speak with and interview certain individuals who worked at the polls who may have seen, heard or done something in and of themselves.”

The judge noted that the Justice Department had expressed concern about possible criminal actions in the years that followed the election, including an alleged failure by the county to preserve electronic ballot images. But he pointed out that the subpoena seeks information related to what happened during the 2020 election and its immediate aftermath.

“In these hyper-political times in which we currently live, there are sure to be some who disagree with this decision because they believe the allegations of fraud in the 2020 Election and believe that ‘light’ should be brought to those claims,” Ray wrote.

He added that nothing prevents continued investigation into those allegations by people who believe those claims — such as Congress or even the Justice Department — but the power of the grand jury, “which exists to investigate potential crimes and to bring viable indictments” cannot be used for that purpose. Otherwise, anyone in power could use the grand jury process to subpoena personal information of citizens “with no legitimate law enforcement purpose,” he wrote.

“Thus, everyone, whether you support the President or you do not, or whether you believe the 2020 Election was fair or believe that it was not, should be concerned about the DOJ’s ability to utilize the power of the Grand Jury to appropriate your private information without a legitimate purpose,” Ray wrote.

Brumback writes for the Associated Press.

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America celebrates its 250th birthday after another rough year

Happy Birthday, America!

You turned 250 on Saturday and, honestly, you don’t look a day over 249. (Ha ha.)

Seriously, it’s perfectly understandable why there’s more gray on your scalp and deeper worry lines on your face. This last year has been another challenging one, to say the least. (And we thought the one cataloged 12 months ago in this space was rough.)

The country is caught up in an unpopular, on-again, off-again war with Iran that was recklessly launched by President Trump with far more swagger than foresight. In an utterly predictable move, Iran choked off the the Strait of Hormuz, a vital passageway for the world’s oil, sending gasoline prices skyrocketing. Though they’ve fallen since the announcement of a shaky ceasefire agreement, the cost of filling up is still significantly higher than a year ago.

Of course, costlier oil means virtually everything else has become more expensive. Trump was reelected in good part because he vowed to tame inflation on his very first day in office. Instead, it’s reached a three-year high.

The ground beef served up at many July 4 cookouts costs 75 cents a pound more than it did a year ago. A package of hamburger buns is up 15 cents. The price of hot dogs and other picnic staples have also increased, along with just about every other item at the grocery store.

Chew that over with your corn on the cob. (Up roughly 2.5% from July 2025.)

Meanwhile, Trump enriched himself to the tune of $2.2 billion during his first year in office alone. Treating the U.S. treasury like his personal cash cow, the president has lavished hundreds of millions of taxpayer dollars on vanity projects such as a personally kitted out Air Force One — a “gift” from Qatar that Trump plans to keep after retirement — and a gilded White House ballroom, rising where the demolished East Wing used to stand. Plans are underway for a grand, marble arch in Washington celebrating, well, you know who.

At the same time, Trump has squandered money and resources pursuing political vendettas, persecution of his enemies and fruitless investigations like the one probing “theft” of the 2020 election and “vandalism” at the algae-clogged Reflecting Pool he promised and failed to rehab.

All this while millions of Americans have lost healthcare coverage and/or federal food assistance, all thanks to the One Big Billionaire Bounty bill that Trump signed into law a year ago.

It’s all a bit unnerving isn’t it, America? You’re on edge in a way you haven’t been in at least a generation.

In Minnesota, in the dead of winter, two of your citizens were gunned down by federal officers as they engaged in that most American of exercises, registering dissent against the policies of their government. From sea to shining sea, innocent Americans have been arrested — and sometimes shipped abroad — and immigrant communities cower in fear of federal agents who often seem bent more on meeting deportation quotas than meting out justice.

You’re divided, America, in ways no one alive has ever seen.

It starts at the very top. Trump acts as though he’s president of a favored rump group — his political supporters — rather than the nation as a whole. He’s used your 250th birthday not to celebrate those many grand and glorious things that hold us together as Americans but to bask in the tanning-bed glow of his immeasurable self-regard.

But, heck, if it’s any consolation on this star-spangled holiday weekend, the country has been through worse. Much worse. And you, America, have not only survived but in many ways grown stronger by surmounting obstacles, facing down your flaws and overcoming some knee-buckling, soul-crushing challenges.

Slavery. Civil war. Racist exclusionary laws. Genocide against indigenous peoples. Two worldwide conflicts. Depression. Financial crises. And too many deadly natural disasters — fire, floods, earthquakes, hurricanes — to enumerate.

Your treatment of some Americans, it should be said, hasn’t always been fair and just. It still isn’t.

People are despairing over the Supreme Court and its genuflecting deference to the president. The justices of its conservative majority have done just about everything short of handing Trump a crown and scepter to reign as a virtually untouchable, imperial president.

But it’s worth noting that earlier court majorities held that Black Americans — “beings of an inferior order,” in the words of the wretched Dred Scott decision — could be denied citizenship, that racial segregation was constitutional and that compulsory sterilization based on eugenics was perfectly fine from a legal standpoint.

That ugly, sordid history won’t necessarily make anyone feel better about the current state of affairs, nor should it. But it does offer some perspective and, with it, hope.

This weekend is best celebrated honoring the country’s many good things and the bright, shining place that America aspires to be, with liberty and justice for all. So chin up! Have another slice of birthday cake, America, and don’t worry about the calories — you really do look terrific for 250!

Going forward it’s up to us, your citizens, to keep working toward that more perfect union mentioned in the preamble to the Constitution. Whatever ails you, America, the remedy resides with we the people and the power we hold, particularly at the ballot box.

Unhappy with the wrecking crew that’s heedlessly chain-sawed federal programs and allowed Trump to money-grub with both fists, defile the White House and undermine our rule of law? Send a message and vote ‘em out, starting in November’s midterm election. And bear in mind the damage that’s been wrought come the 2028 presidential race.

Don’t stop believing that, as dark and difficult as things may seem right now, better days lie ahead.

That undimmed and abiding faith is what makes America great.

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Justice Department calls on states to investigate gas prices

July 3 (UPI) — The Justice Department on Friday called on states to investigate whether businesses and individuals are artificially inflating gas prices amid complaints from President Donald Trump that costs are too high.

Associate Attorney General Stanley Woodward Jr. along with Federal Trade Commission Chairman Andrew Ferguson sent a letter to state attorneys general asking them to join federal investigators in probing potentially illegal practices.

“Recent volatility in crude oil prices does not suspend either the antitrust laws or state consumer protection laws, and it does not authorize companies to manipulate retail prices or collude with their competitors,” the letter read.

“We also encourage State Attorneys General to use all tools available under your state laws to investigate and prosecute any misconduct causing unjustified prices increases — particularly conduct that violates state antitrust and consumer protection statutes.”

Gas prices have been on the rise since late February when the United States and Israel began attacks on Iran. Tehran, in return, largely shut down the Strait of Hormuz to traffic, crippling the the transport of oil through the waterway. About one-fifth of the world’s gas supplies pass through the strait.

An agreement between the United States and Iran reopened the strait, but Trump took to Truth Social on June 23 to complain that gas prices had not dropped fast enough.

“The big Oil Companies are not dropping their price at the pump commensurate with the sharply lower prices they are paying for Oil,” he wrote. “Those prices are dropping like a rock! In other words, customers are being ‘gouged.’

“I have instructed the DOJ to immediately start looking into this. Gasoline prices better start going down a lot faster than what I’m seeing!”

AAA reported Friday that the current national average gas price was $3.82 per gallon for regular gasoline, down from $4.26 a month prior. One year ago, it was $3.16 per gallon.

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Justice for U.S. star Folarin Balogun, red card for VAR

What do you mean U.S. forward Folarin Balogun got red-carded? For that?

As a nation, we’re pretty new to all this. And this VAR abomination we’ve all now been introduced to? Thanks, we hate it.

Soccer’s video assistant referee system is worse than the NBA’s tedious in-game reviews. Worse than the existential NFL question of whether it is or is not a catch. Dumber than not being able to argue obvious balls and strikes in a pre-ABS baseball world.

Worse than all those things put together.

And now that we witnessed it burn the U.S. men’s soccer team in its rousing 2-0 round of 32 World Cup victory over Bosnia and Herzegovina on Wednesday, all of us newly accredited soccer experts in America are ready to declare war on VAR.

In a physical fixture filled with shoving and shouldering, pushing and pummeling, blood and guts, after 60-plus minutes of letting ’em play, Balogun’s off-balance misstep got him kicked off the pitch.

A match of no-calls — including, initially, this gnarly moment of incidental contact between Balogun and Tarik Muharemovic — and the United States found itself down a man for most of the second half at Levi’s Stadium.

The unfortunate accident will rob Americans — both those on the pitch and those glued to screens at home or at a watch party — of their top scorer (Balogun has three goals in three matches) in a round of 16 showdown with Belgium on Monday in Seattle.

The young man was doing LeBron James’ silencer celebration after scoring a goal one moment and being tagged with soccer’s equivalent of a Flagrant 2 the next — because of how one moment was assessed on tape delay.

Delay being the operative phrase. No one loves late calls, but soccer has some late calls. Examined in super-slow motion. And, as the United States’ Tyler Adams pointed out: “When you slow everything down, it’s only going to look worse.”

And Balogun didn’t mean it! That’s a better defense in some situations than others — including this one. Per letter of the law.

ESPN’s resident refereeing expert, Andy Davies, a former Select Group referee with more 12 seasons on the elite list provided this summary judgment: “With both players challenging for ball, the contact from Balogun on Muharemovic, while it looked bad in slow motion, was purely accidental and an unfortunate result from two players challenging for possession of the ball in a normal football movement.”

Also, Davies: “VAR made their recommendation to the referee based on slow-motion and still replays, which is not aligned with VAR protocols, as these should be used for only point-of-contact purposes in a red card tackle situation.”

Let me tell you something you already knew: FIFA is inconsistent.

Malik Tillman’s exquisitely placed, curving free kick for a goal in the 82nd minute might have been Messi-esque, but the call on Balogun? Not Messi-esque.

In a group play match against Algeria, Lionel Messi, the Argentine superstar, seemed to rake his studs along Aïssa Mandi’s right calf and ankle. That time, a foul was called. VAR had a look. And despite the rules stating that a challenge from behind with studs-on-calf contact and a level of force should be a red card — no card was administered. Can’t have Messi missing games.

The armchair referee system, so far from unassailable, is also unappealable — to U.S. coach Mauricio Pochettino’s dismay.

“For me, never is this red card,” Pochettino said. “Watching after on TV, never was [it] intention[al] to step up on the player. That was a normal action in football that happened by accident.

“That is why for me it’s never a red card.”

But you don’t have to take his word for it.

On Fox, former French footballing legend Thierry Henry said: “You need to adopt some type of common sense. He never went to hurt nobody. He went to get the ball, and where do you land after? You have to land somewhere.”

Commentator Ian Darke weighed in with a post on X: “Reckless and yellow would have covered it.”

Trust your own eyes.

In an attempt to eliminate human error, this great sport has introduced human error. But it feels more egregious than a bad call in the run of play because it’s justice — or injustice — meted out arbitrarily, unevenly and after the fact.

Look, I’m sure the world doesn’t want to hear any of our star-spangled opinions about how to improve the beautiful game — but in this, we’re united.

There’s a universal sentiment: Give VAR the red card.

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Ex-CIA chief Brennan seeks preservation of Trump-era inquiry records

Former CIA Director John Brennan sued the Trump administration on Wednesday, demanding a court order that would require officials to preserve records from investigations that he says are targeting him for “phantom criminal conduct.”

Brennan said in the lawsuit that the records would be essential for him to mount a defense on vindictive prosecution grounds in the event of an indictment brought by the administration. Such a defense, his lawyers said, would be supported by the more than 100 verbal or written statements that President Trump has made since 2017 lambasting Brennan and by the Republican president’s directives to his Department of Justice to initiate cases “without regard to factual or legal justification.”

“To fully consider those motions, the reviewing judge would need to scrutinize the motivations of the Justice Department officials who directed, oversaw, or undertook those actions to determine whether they violated Director Brennan’s rights, and specifically whether they were motivated by a desire to vindictively prosecute him as an act of retribution,” Brennan’s lawyers wrote in the lawsuit filed in federal court in Washington.

The lawsuit names as defendants Trump and other top law enforcement officials from his administration, including acting Atty. Gen. Todd Blanche, FBI Director Kash Patel and the prosecutors in Florida who have been overseeing investigations related to Brennan and other perceived Trump adversaries.

The lawsuit says Brennan is facing separate investigations in Florida, including one examining whether he made a false statement to Congress related to an assessment by intelligence agencies documenting Russian interference in the 2016 presidential election, in which Trump defeated Democrat Hillary Clinton. The other investigation aims to determine whether former law enforcement and intelligence officials conspired to undermine Trump, including during the course of the Russian interference investigation.

No charges have been brought. The Department of Justice has denied claims of weaponization.

Tucker writes for the Associated Press.

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The sad inevitability of Justice Alito’s birthright citizenship dissent

In 1913, Antonino Alati left southern Italy to find a better life in a land where many people regarded him as little better than scum.

He joined millions of his fellow countrymen in the United States, where the press vilified Italians as poor, dirty, violent Catholics who had too many babies, refused to assimilate and could never possibly be considered “white.”

Politicians were already working to shut the door on them. A congressional report released two years before Alati’s arrival cited southern Italians as evidence that “the new immigration as a class is far less intelligent than the old.” They came to the U.S., the report asserted, “with the intention of profiting, in a pecuniary way, by the superior advantages of the new world and then returning to the old country.”

Alati wouldn’t let bigotry win. He soon sent for his wife and children, including his infant son Salvatore. Alati turned to Alito, Salvatore became Samuel. A generation later, the family had a Supreme Court justice in Samuel A. Alito Jr. — the second Italian American, after Antonin Scalia, to sit on the highest court in the land.

During his 2005 confirmation hearings, Alito praised his father as an “extraordinary man who came to the United States as a young child and overcame many difficulties” to ensure a better life for him and his sister. By then, Italian Americans were established as an essential part of this country’s fabric, from music to politics to food.

It’s the most American of tales — which is why it’s so surprising, yet not, to read Alito’s blistering dissent in the Supreme Court’s 6-3 decision rejecting President Trump’s effort to end birthright citizenship.

If there’s one constant in this country besides death and taxes, it’s how quickly descendants of immigrants, and sometimes immigrants themselves, forget how loathed their ethnic group was and how they proved the haters wrong. Too many become uncharitable to the policies that helped them and the immigrants who followed.

But Alito’s stance against birthright citizenship goes beyond just forgetting his roots. His 39-page opinion describes the supposed impact of undocumented migrants on the U.S., using words — “overran,” “soared,” “exploded,” “massive,” “a stream,” “huge” — that read like the same invective used against Italians in his grandfather and father’s time.

The justice channels anti-Italian conspiracies of the past by casting doubt on the national allegiances of the U.S.-born children of Mexican, Guatemalan and Salvadoran immigrants — the same patriotism test that Italian Americans faced generations ago when xenophobes questioned their Catholicism. Alito claims without evidence that millions of agricultural workers were able to apply for American citizenship after President Reagan’s 1986 amnesty “at least in part because of fraud” — a charge also leveled against Italians who sought to naturalize back in the day.

And so it goes, each passage a jumbled argument dressed up in judicial interpretations largely rejected by his fellow Catholic Supreme Court justices John Roberts, Amy Coney Barrett and Brett Kavanaugh. Coney Barrett signed on to the majority opinion that Roberts wrote, and Kavanaugh concurred.

Rev. William Barber

Rev. William Barber II speaks during a rally outside the U.S. Supreme Court on April 1 while justices heard oral arguments on birthright citizenship.

(Al Drago / Getty Images)

I know how quickly families forget their own immigrant histories. Yet I look at people like Alito and wonder how they ended up thinking the way they do, because I could never imagine doing the same.

My maternal grandmother was born in Arizona to parents who fled their home country during the Mexican Revolution, becoming an American citizen by birthright. My father, who crossed the border in the trunk of a Chevy, legalized his status in an era when it was far easier to do so.

Like Alito’s paisanes, my Mexican family was also demonized for supposedly being insufficiently American and posing a threat to national unity. They also sacrificed their own dreams so their children and grandchildren could achieve theirs.

And just like Alito, some members of my family have forgotten our history and support Trump or favor some of his immigration policies, dismissing new arrivals as criminals or lazy. That’s why I will always side with undocumented people and welcome anyone who gives birth in this country with the hope that their newborn finds a better life.

It seems from his dissent that Alito somewhat agrees with me. He posits that millions of Americans who were born in this country to parents without papers “have a strong moral claim to be able to remain in the land where they grew up.” Congress “can and should address their situation,” he writes.

The justice blasts birth tourism, where women from China and other countries travel to the U.S. to have a baby, then return home, benefiting from our generosity and offering nothing in return.

I agree that’s a mockery of what being an American should be and ruins it for people who want to contribute to building a better nation. But Alito throws out the baby with the bathwater by failing to recognize that Trump’s attempt to erase birthright citizenship via executive order is presidential overreach based on bigotry, not rule of law. He’d rather cut up the Constitution to spite something he doesn’t like. Thank God his side lost, yet it’s sad that Trump’s pathetic attempt to define who can be an American went as far as it did.

Alito concludes by stating that the court’s decision to uphold the 14th Amendment is “a mistake that will seriously affect the country’s future.”

What new immigrants might inflict on this country is the perpetual worry of immigration restrictionists — and yet history keeps proving them wrong. Alito’s family did; so did mine. Only in these United States can the progeny of people once portrayed as parasites and invaders side with those making the same argument about the latest batch of newcomers.

History will see Alito’s vote for what it is: a forsaking of the promise his family once fulfilled, to support the people who never wanted them here in the first place.

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Supreme Court will decide a gun-rights challenge to blue-state bans on assault weapons

The Supreme Court announced Tuesday that it will hear a 2nd Amendment challenge to the gun laws in Connecticut and Cook County, Ill., that ban most semiautomatic assault weapons.

Before leaving for the summer recess, the justices issued orders on new cases that will be heard in the fall. The new 2nd Amendment case figures to be a major test of what kinds of firearms and ammunition are off-limits to state or federal regulation.

The outcome will affect California and all the states led by Democrats that strictly regulate or prohibit semiautomatic rifles, such as the AR-15.

Gun-rights advocates say these are among the most common and popular weapons in the country, and they should not banned in some states.

In response, Connecticut state attorneys said only about 2% of Americans own assault weapons, and they rarely use them for self-defense.

Since 1989, California has prohibited the sale and possession of most semiautomatic rifles and pistols that can fire more than 10 shots before reloading. Nine other states led by Democrats have similar laws.

State lawmakers said these rapid-fire guns are not needed for self-defense but can be a weapon of mass murder. All of the blue-state bans could be struck down next year if the court’s conservatives rule in favor of the 2nd Amendment claim.

Gun-rights advocates say firearms in “common use” by law-abiding owners cannot be prohibited by the government.

Four of the court’s conservatives have said in past dissents they believe the state bans on assault weapons run afoul of the 2nd Amendment. They are Justices Clarence Thomas, Samuel A. Alito, Neil M. Gorsuch and Brett M. Kavanaugh.

That suggests the fate of those state laws depends on Chief Justice John G. Roberts and Justice Amy Coney Barrett.

Joining in support of the gun-rights challenge were the state attorneys for Montana, Idaho and 25 other Republican-led states.

They urged the court to prevent liberal judges and states led by Democrats from “rewriting the 2nd Amendment … to allow hostile jurisdictions to continue infringing on their citizens’ core constitutional right to keep and bear arms.”

In 2016, California’s voters approved a ballot measure that makes possession of large-capacity magazines illegal. At least 10 states have similar laws, but they apply only to the manufacture and sale of large-capacity magazines.

Gun-rights advocates sued in San Diego, leading to nearly a decade of back-and-forth litigation. A federal judge struck down these restrictions under the 2nd Amendment, but the state appealed. They were eventually upheld by the 9th Circuit Court in an en banc ruling.

Meanwhile, the 7th Circuit Court in Chicago has upheld an Illinois law and the Cook County ordinance prohibiting semiautomatic rifles and pistols. Its opinion said rapid-fire guns do not differ significantly “from machine guns and military-grade weaponry,” which can be banned under the 2nd Amendment.

Before Tuesday, the justices had repeatedly refused to weigh in on whether the 2nd Amendment’s right to “keep and bear arms” includes the right to semiautomatic “assault weapons” and large-capacity magazines.

Since 2015, the court has turned down gun-rights appeals from blue states like Illinois and Maryland over their bans on “assault weapons,” despite dissents from Justices Thomas, Alito and Gorsuch.

As an appeals court judge in Washington, D.C., Kavanaugh voted to strike down the city’s ban on assault weapons.

Three years after John Roberts became chief justice, the court ruled for the first time in 2008 that the 2nd Amendment protected individual gun rights, not just state militias. But the 5-4 decision simply struck down a city’s ban on having a hand gun at home for self-defense.

Justice Antonin Scalia’s opinion in District of Columbia vs. Heller said the Constitution gives law-abiding persons a right to have weapons in “common use” for self-defense, but not “dangerous and unusual weapons.”

Ever since, advocates for gun rights and gun control have been arguing over whether semiautomatic guns with large-capacity magazines can be regulated because they are uniquely dangerous or are protected because they are very common.

In the past two years, the Supreme Court has a mixed record on gun regulation.

Last year, the justices in a 6-3 decision struck down a federal regulation that banned “bump stocks,” which allow rapid-fire shooting with a semiautomatic rifle.

That regulation was adopted in the first Trump administration in response to the mass shooting at an outdoor concert in Las Vegas where a lone gunman fired as many as 1,000 shots from a hotel window.

The conservative majority ruled the bump stock devices did not fit the definition of a prohibited machine gun.

Earlier this year, however, the court in a 7-2 decision upheld a regulation prohibiting unregistered “ghost guns” that were made by parts kits.

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Supreme Court rejects Trump’s plan to limit birthright citizenship

The Supreme Court on Tuesday upheld the Constitution’s promise that all those born here are citizens of the United States, regardless of the status of their parents.

In a 6-3 decision, the justices rejected President Trump’s plan to revise the Constitution by executive order and to end citizenship at birth for newborns whose parents were here illegally or temporarily.

Chief Justice John G. Roberts spoke for the court to reject Trump’s proposed limits on birthright citizenship.

“Citizenship, then and now, was the right to have rights — to freely participate in our political community,” he said. “The Framers of the 14th Amendment extended that promise to ‘every free-born person in this land.’ We keep that promise today.”

Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett and Ketanji Brown Jackson joined in full. Justice Brett M. Kavanaugh concurred in the outcome based on the federal law that incorporates birthright citizenship.

But the outcome was closer than most had predicted.

Justices Clarence Thomas, Samuel A. Alito and Neil M. Gorsuch dissented in agreement with Trump.

The decision is the second major defeat for Trump from a conservative court that usually supports broad presidential power.

In February, the court struck down Trump’s sweeping worldwide tariffs, his signature economic policy. Roberts said Congress, not the president, has the power to raise revenue and impose taxes, including duties on imports.

In April, Trump came to the court to hear the arguments over birthright citizenship. He sat in the gallery while the justices posed steadily skeptical questions to his solicitor general.

He left after an hour having heard enough to know he was likely to lose.

It was the rare Supreme Court case which was decided based simply on the words of the Constitution.

The justices, both conservative and liberal, say they look to what the Constitution says and how its words were originally understood.

The 14th Amendment adopted in 1868 says: “All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State where they reside.”

The amendment overturned the infamous Dred Scott decision of 1857, which declared that Black persons could not become U.S. citizens.

In its place, the Reconstruction Congress adopted the broad view of citizenship based on the place of birth, not parentage, that had been part of English law for centuries.

In the 19th Century, it was understood that the only exceptions to this rule of birthright citizenship were for the children of foreign diplomats, foreign troops on American soil or, for a time, Native Americans who lived on tribal reservations.

In 1924, Congress extended full citizenship to all Native Americans who were born in this country.

The Supreme Court had also confirmed the broad understanding of birthright citizenship in 1898. The justices upheld the U.S. citizenship of Wong Kim Ark who born in San Francisco to Chinese parents who later returned to China.

“The 14th Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory,” the court said then. “In clear words and in manifest intent, [it] includes the children born, within the territory of the United States, of all other persons, of whatever race or color.”

Congress added birthright citizenship to the immigration laws in 1952.

But in his first day back in the White House, Trump signed an executive order to revise the citizenship laws.

“The privilege of United States citizenship is a priceless and profound gift,” he wrote, and in the future, it will not extend to newborns whose parents are in this country unlawfully or temporarily, such as on tourist, student or work visa, he said.

His proposal was quickly blocked by judges as unconstitutional, and it never went into effect.

In his appeal, Trump’s attorney argued that judges have been “misreading” the phrase “subject to the jurisdiction.”
He said this refers to “political allegiance.”

By that standard, the children of temporary visitors and unlawful immigrants are not citizens because they and their parents “not completely subject to the United States’ political jurisdiction,” according to the administration.

Trump could have proposed legislation on tariffs and birthright citizenship and urged the Republican-led Congress to adopt new laws. Instead, he chose to try to change the law and revise the Constitution by executive order.

Before the Supreme Court, Trump’s attorney pointed to the surge of illegal immigration in recent decades.

“We’re in a new world now,” he said, one that calls for new restrictions on citizenship.

“It’s a new world. It’s the same Constitution,” responded Roberts.

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On an often unpredictable Supreme Court, Justice Gorsuch is the latest wild card

Justice Neil M. Gorsuch, President Trump’s first appointee to the Supreme Court, is proving to be a different kind of conservative.

He is a libertarian who is quick to oppose unchecked government power, even in the hands of prosecutors or the police. And he is willing to go his own way and chart a course that does not always align with the traditional views on the right or the left.

In several of the term’s biggest cases, Gorsuch voted as expected. He joined the court’s conservatives, including Justice Brett M. Kavanaugh, to reject legal challenges to partisan gerrymandering. The two Trump appointees voted in dissent to uphold the administration’s plan to add a citizenship question to the 2020 census.

In the case of whether a giant cross on a Maryland highway violated the separation of church and state, Gorsuch took the most conservative position and said lawsuits filed by people who are “offended” but not actually harmed by such things should be tossed out.

But in the last month, he also wrote several broad and bold opinions — mostly in dissent — urging the court to revive the Constitution’s protections for individual liberty. He did so while taking the side of people not usually embraced by conservative justices, including a sex offender from Maryland, an Alabama man who was prosecuted twice for carrying a gun in his car, and two African American men from Texas who were sentenced to more than 50 years in prison for robbing gas stations.

Jonathan Adler, a law professor at Case Western Reserve University in Cleveland, calls Gorsuch “a maverick conservative with a libertarian streak. It’s remarkable that he and Kavanaugh disagreed in 30% of the term’s cases. This shows they are quite different types of conservatives.”

Earlier this year, Gorsuch wrote an opinion clearing the way for long-haul truckers to sue their employers over substandard wages, and he wrote dissents in favor of an injured railroad worker who was battling the train line over the damages he won, and a disabled construction worker fighting the Social Security Administration over disability benefits.

“Walk for a moment in Michael Biestek’s shoes,” he wrote in a dissent in the construction worker’s case that was joined by Justice Ruth Bader Ginsburg and in part by Justice Sonia Sotomayor. “As part of your application for disability benefits, you’ve proven that you suffer from serious health problems and can’t return to your old construction job. Like many cases, yours turns on whether a significant number of other jobs remain that someone of your age, education and experience, and with your physical limitations, could perform.”

At Biestek’s hearing, an expert testifying for the agency said there were 360,000 jobs nationwide that he could perform. “Where did those numbers come from?” Gorsuch asked. When pressed about the source of this data, the expert said it came from a confidential private survey. The agency examiner ruled this evidence was good enough to justify denying Biestek’s claim, and the high court agreed by a 6-3 vote. “Count me” with the lower-court judges who were skeptical, Gorsuch said.

His most important opinion of the term came in a case that was seen as an opening salvo in the war over the “administrative state.” Conservatives have sought to rein in federal regulators, including the Environmental Protection Agency. Liberals are just as determined to defend them. The battle was fought, oddly enough, in the case of Herman Gundy, a sex offender who served five years in prison in Maryland and then moved to New York in 2012.

There, he was charged with failing to register as a sex offender as required under a law adopted by Congress in 2006, two years after his crime. The law said the “attorney general shall have the authority” to decide whether to apply the registration rule to the more than 500,000 offenders like Gundy whose crimes predated it.

Sarah Baumgartel, a federal public defender in New York, appealed Gundy’s conviction, in part, for violating “the non-delegation doctrine.” This refers to the principle that Congress may not delegate its lawmaking power to the president or executive agencies. It’s a doctrine studied in law schools, but not since 1935 has the high court struck down a law on this basis.

But she thought the appeal might interest Gorsuch and other justices, even though it had lost in every lower court. “This has been considered a dead-letter doctrine by many people. But he has a libertarian streak and a greater skepticism about federal power,” she said.

Her instinct was right. The eight-member court heard the case in the first week of October, a week before Kavanaugh was confirmed. But on June 20, the court ruled against Gundy in a splintered 5-3 decision, with Gorsuch writing a 33-page dissent in Gundy vs. U.S.

“The Constitution promises that only the people’s elected representatives may adopt new federal laws restricting liberty,” Gorsuch wrote. “Yet the statute before us scrambles that design. It purports to endow the nation’s chief prosecutor with the power to write his own criminal code governing the lives of a half-million citizens. Yes, those affected are some of the least popular among us. But if a single executive branch official can write laws restricting the liberty of this group of persons, what does that mean for the next?”

Chief Justice John G. Roberts Jr. and Justice Clarence Thomas agreed with Gorsuch. Justice Samuel A. Alito said he would be willing to accept this argument in a future case. And with Kavanaugh on board, the conservatives would have a majority.

Gorsuch was also on the losing end of an effort to reject the “dual sovereigns” doctrine that allows both the federal government and a state to prosecute a person for essentially the same crime. This double prosecution seems, to some, to conflict with the 5th Amendment, which says: “No person shall … be subject for the same offense to be twice put in jeopardy for life and limb.”

The case began in 2015 when a police officer in Mobile, Ala., pulled over Terance Gamble for a damaged headlight and found a loaded handgun in his car. Gamble had an earlier robbery conviction and pleaded guilty to state charges for having a gun in his possession. Later, federal prosecutors also charged him as a felon with a gun, and he was given three more years in prison.

The Supreme Court rejected his double-jeopardy claim on June 17, over dissents by Gorsuch and Ginsburg. “A free society does not allow its government to try the same individual for the same crime until it’s happy with the result,” Gorsuch wrote in Gamble vs. United States. “Unfortunately, the court today endorses a colossal exception to this ancient rule against double jeopardy.… The separate sovereigns was wrong when it was invented, and it remains wrong today.”

But on June 24, Gorsuch spoke for a 5-4 majority to overturn about half of 50-year prison terms given to Maurice Davis and Andre Glover of Texas for robbing four gas stations. They were convicted of the robberies and for brandishing a gun and given long prison terms. They were given an extra 25 years under a 1986 law for conspiring to engage in conduct that, “by its nature, involves a substantial risk that physical force” will be used.

In United States vs. Davis, Gorsuch said this part of the law is so vaguely worded that no one can tell for sure what it means. “Vague statutes threaten to hand responsibility for defining crimes to relatively unaccountable police, prosecutors and judges, eroding the people’s ability to oversee the creation of the laws they are expected to abide,” said Gorsuch, who was joined by the court’s four liberals. In dissent, Kavanaugh called the ruling a “serious mistake” and said it could mean “many dangerous offenders … might walk out of prison early.”

Brandon Beck, a federal public defender in Lubbock, Texas, who appealed on behalf of Davis, said he tailored his argument to Gorsuch because he “is very concerned by the text and the separation of powers. … He is also very independent, and I have lot of respect for that.”

Progressive lawyers stress that Gorsuch is a reliable conservative on most issues. Brianne Gorod, counsel for the Constitutional Accountability Center, said he “is like the justice he replaced — Justice Antonin Scalia — in more ways than one.”

Gorsuch’s record is exceptionally conservative, she said. But also like Scalia, he has sometimes demonstrated a willingness to part ways with his fellow conservatives in criminal justice cases. “Those votes suggest possible libertarian-liberal alliances may be something to look out for in the terms ahead,” Gorod said.

A Colorado native, Gorsuch has also tilted the court in favor of Native Americans and tribal treaties. In March, he cast the fifth vote with the liberals to rule for the Yakama tribe, which relied on a 1855 treaty in refusing to pay a fuel tax to Washington state for using its highways.

Gorsuch wrote a concurring opinion in Washington State vs. Cougar Den, joined by Ginsburg, to explain the history and closed with this passage: “Really, this case just tells an old and familiar story. The state of Washington includes millions of acres that the Yakamas ceded to the United States under pressure. In return, the government supplied a handful of modest promises. The state is now dissatisfied with the consequences of one of those promises. It is a new day, and now it wants more. But today and to its credit, the court holds the parties to the terms of their deal. It is the least we can do.”

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Supreme Court turns away Alan Dershowitz’s defamation suit against CNN

The Supreme Court on Monday turned away Harvard law professor Alan Dershowitz’s defamation suit against CNN, refusing to reconsider the high bar for press freedom set in the New York Times vs. Sullivan case.

Justices Clarence Thomas and Neil M. Gorsuch dissented.

The no-comment decision may signal the justices are not anxious to revisit another civil rights era landmark.

But the Dershowitz lawsuit may have been a less than ideal test case.

He sued CNN for $300 million, alleging its commentators distorted his arguments during President Trump’s first impeachment trial before the Senate.

He lost before a federal district judge and the 11th Circuit Court of Appeals in Atlanta. Judges said he had presented no evidence of “actual malice” or knowing falsehoods, citing the doctrine set in the landmark decision.

Dershowitz’s appeal urged the Supreme Court to reconsider and discard the “actual malice” rule or to limit its use against private citizens who are treated as public figures.

In 1964, a unanimous Supreme Court said the 1st Amendment’s protection for the freedom of speech and the press limited state libel verdicts.

An all-white Alabama jury had awarded a $500-million judgment to Montgomery city commissioner L.B. Sullivan over a fund-raising ad for the Rev. Martin Luther King that had appeared in the New York Times.

The ad did not mention Sullivan by name but he said he was defamed by the ad’s criticism of the police.

Reversing that verdict, the court’s opinion said the 1st Amendment was intended to protect debate and criticism of public officials.

With that goal in mind, the justices barred defamation suits over minor or honest mistakes and said plaintiffs must show the defendants displayed “actual malice” by making statements they knew were false or showed a “reckless disregard” for the truth.

The decision was later extended to include public figures like Dershowitz.

In 2020, he defended President Trump’s conduct and told senators it fell short of an impeachable offense.

The House had accused Trump of threatening to withhold military aid to pressure Ukrainian President Volodymyr Zelenskyy into investigating his political rival, Joe Biden, and his son Hunter.

In response to a question about an alleged quid pro quo, Dershowitz said a president can make deals that are in the public interest or his political interest, but not for a corrupt personal benefit.

“If a President does something which he believes will help get him elected — in the public interest — that cannot be the kind of quid pro quo that results in impeachment,” he said.

That statement drew sharp and immediate criticism on CNN.

Commentator Paul Begala asserted the “the Dershowitz doctrine would make presidents immune from every criminal act.”

CNN aired the full video of Dershowitz’s testimony and invited him to appear twice in the next two days to clarify his comments.

Months later, he filed a lawsuit alleging defamation and said CNN had perpetrated “a deliberate scheme to defraud its own audience.”

His suit was dismissed by judges who said he did not have enough evidence to send the case to a trial.

“In his zealous and highly scrutinized representation, Dershowitz made a spontaneous series of remarks before Congress that, he says, were misinterpreted by pundits,” Judge Britt Grant, a Trump appointee wrote for the 11th Circuit Court.

“If anything, the evidence shows that they believed in the truth of their reporting, and that they formed their opinions independently. Without evidence of actual malice Dershowitz’s defamation claim cannot go forward,” she said.

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America split from monarchy 250 years ago. Trump’s presidency is testing how far it’s come

The 250th anniversary of America’s liberation from a king kicked off with a campaign-style rally on the National Mall by President Trump, whose face already stares down from banners fluttering from federal buildings across the nation’s capital.

The images illustrate how the president has dominated daily life since returning to power, evoking more the style of a monarch than the leader of the world’s oldest democracy. But more than anything, it is how he has wielded that power that has led to comparisons of an imperial reign.

Since returning to office in January 2025, Trump has nominated one of his personal lawyers to serve as attorney general, ordered the Department of Justice to pursue his political enemies, deployed the U.S. Marines to the nation’s second largest city and leveraged the presidency to enrich himself and his family.

He has demanded that comedians who mock him be fired, has slapped his name on the Kennedy Center, has pushed to seize control of elections, has filed lawsuits against news organizations whose coverage he disliked and has sued his own government seeking $10 billion in taxpayer money.

Trump also is the only convicted felon to hold the presidency, and a separate felony indictment over his attempts to keep himself in power after losing the 2020 election was dismissed only after he was reelected four years later despite those facts.

With the 250th anniversary of the nation’s founding approaching, Trump’s own celebrations have overshadowed the bipartisan, congressionally authorized commission that was supposed to coordinate events commemorating the moment. He plans to return to the National Mall on July Fourth for what he calls a “Trump rally.”

The president’s actions have led to comparisons with King George III, the British monarch whose rule inspired the American Revolution. It is a parallel Trump rejects.

“I’m not a king,” he told CBS’ “60 Minutes” earlier this year. “If I was a king, I wouldn’t be dealing with you.”

A different view of the presidency

There is a long American political traditional of opponents reviling presidents as kings. But Julian Zelizer, a Princeton University historian, said the label fits differently on Trump.

“It’s more about how he imagines who is he and what the presidency is,” Zelizer said. “We’re celebrating founding principles, and that was a driving issue — fears of how a centralized power can be corrupted. And here we are again.”

When King Charles III visited Trump this year, the official White House X account posted an image of the two men with the caption “Two Kings.” At the start of his second term, Trump declared he had ended a New York City transportation program and posted: “LONG LIVE THE KING.” The posts also seemed to indicate a willingness to leverage the label and the reaction it provokes in his critics.

The main resistance movement in Trump’s second term has adopted the slogan “No Kings.” Ezra Levin of the group Indivisible said activists were thinking ahead to 2026 and the America 250 celebration when they chose the label.

“It looks like the same kind of tyranny we were rebelling against 250 years ago, the type of domination of Americans by a secret police force that’s murdering people in the streets like in Minneapolis this year and in Boston in 1770,” Levin said, referring to demonstrations against the administration’s immigration crackdown that led to the fatal shootings of two protesters this year by federal officers.

When asked for comment, the White House referred to Trump’s statements about his use of executive power. The president has weighed in multiple times defending his maximalist approach.

During his first term, he referred to Article II of the Constitution when he told participants in a youth summit, “I have the right to do whatever I want as president,” while declaring that it “gives me all of these rights at a level nobody has ever seen before.” He told the New York Times in an interview this year that the only check on his global power was “my own morality. My own mind. It’s the only thing that can stop me.”

Yet he also has said that portrayals of his approach as authoritarian were wrong: “I’m not a dictator,” he told reporters last year. In response to a question about whether he was concentrating power in the presidency, Trump told Time in an interview last year, “I don’t think so. I think I’m using it properly, and I’m also using it as per my election.”

Supreme Court has sided with him

With a deferential, Republican-controlled Congress, courts have become the last check on Trump. The president has harshly criticized judges who have ruled against him, and his administration has sometimes defied their orders.

Yet his quest to expand presidential power has been aided by the conservative majority — including three of his appointees — on the U.S. Supreme Court, which has sided with Trump numerous times after lower court rulings hampered him.

In the middle of his 2024 campaign, the high court ruled that presidents have broad immunity from prosecution. The decision derailed multiple investigations stemming from Trump’s first term, including the one focused on his attempts to overturn his loss to Joe Biden in the 2020 election.

Trump has argued the courts cannot constrain the president on key issues, including his claims that he has the ability to fire members of independent agencies. The most notorious example was in 2024, when a judge asked during the immunity case whether a president could be prosecuted for ordering the assassination of a political rival. Trump’s lawyer, D. John Sauer, answered with a “qualified yes.”

Sauer is now solicitor general, the administration official who oversees arguments before the high court. He has continued to insist that courts cannot review presidential acts.

“Once the president has made a determination … at that point, there’s no work for the reviewing court to do,” Sauer said during Supreme Court arguments in a case over whether Trump could fire Lisa Cook, a Federal Reserve governor.

But the Supreme Court has allowed Cook to remain on the board while it considers the case. The majority also slapped down his global tariffs, finding that only Congress had the authority to impose them.

Such rulings demonstrate that presidential power does have its limits, according to John Yoo, a conservative law professor at UC Berkeley who served in the George W. Bush administration.

“The presidency today, even when colored by President Trump’s worst excesses, is not a monarchy,” he said.

Direct financial enrichment

Trump was the richest man to ever become president. During his first term, he was criticized for owning properties where foreign dignitaries and others hoping to curry his favor spent lavishly. The conflicts of interest have escalated in his second term.

Trump launched cryptocurrencies before and after returning to office. By conservative estimates, one has pulled in $320 million this year alone, while another sold $550 million worth of tokens. A third received a $2-billion investment from a foreign wealth fund.

Trump took a new step earlier this year, filing a private $10-billion lawsuit against the IRS for the leak of his tax returns during his first term. His Department of Justice directed the IRS to settle the litigation to create a $1.776-billion fund to pay damages to people who claimed the federal government unfairly prosecuted them.

The administration pulled back the settlement amid an outcry from congressional Democrats and some Republicans. But Todd Blanche, a former personal lawyer for Trump who is now acting attorney general, said at least one provision remains — a ban on the IRS auditing Trump.

Zelizer said Trump’s financial entanglements might be the most monarchical part of his administration.

“We have not seen a person who has a business operation of this scale and scope benefiting directly from the decisions he makes,” Zelizer said.

Targeting political rivals

The Justice Department’s role in the IRS lawsuit is one example of how Trump has decreed that executive branch employees should act as agents of his will.

In breaching what is supposed to be a firewall between the White House and Justice Department, Trump has demanded that federal prosecutors target his foes. In one social media post last year, he called out by name Pam Bondi, who was attorney general at the time, in pushing her to prosecute several of his political opponents: “JUSTICE MUST BE SERVED, NOW!!!” Trump wrote.

Indictments followed shortly after, including against former FBI Director James B. Comey and New York Atty. Gen. Letitia James. The charges against both eventually were dismissed, but the department under Blanche filed new charges against Comey.

The pursuit is not limited to Trump enemies of the past.

For his 80th birthday this month, the president hosted a fight held by UFC — a company he invested in — on the White House lawn. The event was broadcast on a network owned by the son of one of the president’s major donors. The spectacle drew a rebuke from California Gov. Gavin Newsom, a persistent critic and potential 2028 Democratic presidential contender.

“The White House was built to serve the American people. Tonight it was used to promote a company the President owns stock in, sell subscriptions, promote corporate sponsors, push Trump crypto, and enrich the President and his family,” Newsom wrote on X. “The founders warned us about kings enriching themselves from public office.”

Days later, Newsom disclosed that Trump’s Department of Justice was investigating him and his wife.

Riccardi writes for the Associated Press. AP writers Lindsay Whitehurst and Fatima Hussein contributed to this report.

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Justice Department withdraws subpoenas for 4 reporters

June 23 (UPI) — The Department of Justice subpoenaed four journalists for a grand jury hearing, though it later withdrew them after The Washington Post and the Wall Street Journal challenged them.

One subpoena was for Washington Post reporter Ellen Nakashima and was related to sensitive reporting on a national security matter, The Post said.

The department also issued subpoenas to three Wall Street Journal journalists, who also reported on national security issues, The Post reported.

“The government’s subpoenas to The Wall Street Journal and our reporters represent an attack on constitutionally protected newsgathering,” Ashok Sinha, chief communications officer for Dow Jones, said in May. “We will vigorously oppose this effort to stifle and intimidate essential reporting.”

At the time, the Journal said the Justice Department issued subpoenas for records on reporting about the Iran war, but it did not report at the time that federal officials were trying to force their testimony.

Olivia Petersen, spokesperson for The Washington Post, confirmed that Nakashima was subpoenaed, calling the move an unwarranted violation of press freedom and “another sign of the government seeking to compel journalists to become instruments of its investigations,” Politico reported.

The Post was fighting the subpoena in federal court in the Eastern District of Virginia in sealed proceedings when the department rescinded Nakashima’s subpoena, an official familiar with the matter told The Post.

The Justice Department also withdrew the subpoenas for the Journal, which had been fighting in the same court. None of the journalists testified before a grand jury, the official said. The reasons for the subpoenas are not clear, though the source said they relate to national security.

In January, the FBI raided a Post reporter’s home, and the Pentagon last year revoked journalists’ credentials for not signing an agreement about what they can report.

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Justice Department says hundreds charged for healthcare fraud

June 23 (UPI) — Acting Attorney General Todd Blanche announced Tuesday that 455 people have been charged in a variety of healthcare fraud schemes totaling $6.5 billion.

Blanche held a press conference to discuss what he called the “2026 national healthcare fraud takedown.” He said 455 people have been charged since June 8 across 56 U.S. attorney’s offices and 45 states and territories.

“These individuals participated in healthcare fraud schemes involving more than $6.5 billion in false claims submitted to Medicare, Medicaid and other healthcare programs,” Blanche said.

Blanche highlighted some of the indictments, including one of a corporate executive in Arizona who was charged for being involved in a $1 billion fraud scheme involving wound grafts.

“This alleged scheme cost Medicare over $1 million per patient,” Blanche said. “In total, our indictment charges 11 defendants for over $2 billion in fraudulent claims in connection to alleged wound care schemes.”

Blanche adds that the money fraudulently claimed in these schemes was used to purchase “multi-million-dollar homes,” cars, jewelry and the construction of a $4.6 million seaside hotel on in the Philippines.

“We’re taking back the money, the luxury cars, the jewelry, and these alleged fraudsters will face justice,” Blanche continued.

Blanche said nine task forces, 57 U.S. attorney’s offices and 41 state attorney general’s offices partnered to investigate healthcare fraud schemes.

Blanche also announced the creation of the West Coast Strike Force and the deployment of more federal prosecutors to bring charges against 295 defendants in Medicaid fraud cases.

President Donald Trump presents a Medal of Honor to Tom Ripley on behalf of his father, John W. Ripley, during a Medal of Honor award ceremony in the East Room of the White House on Thursday. Photo by Aaron Schwartz/UPI | License Photo

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Inmates may not sue prison officials who violate their religious rights, Supreme Court rules

Prison inmates whose religious rights are clearly violated by guards and wardens may not sue them for damages, a divided Supreme Court ruled Tuesday.

In a 6-3 decision, the justices said federal law protecting religious liberty allows for suits against state prison systems, but not employees of the prison.

The decision came in the case of a devout Rastafarian in Louisiana. Damon Landor had grown dreadlocks for nearly two decades. He had three weeks left in a five-month prison term when he was transferred to another prison in Louisiana.

He had with him a copy of a federal appeals court opinion that said Rastafarian inmates had a protected religious right to wear dreadlocks.

Congress in 2000 adopted the Religious Land Use and Institutionalized Persons Act to protect religious liberty.

But the guards threw the appeals court decision in the trash, and the warden ordered the guards to handcuff Landor to a chair and shave his head.

Shortly after he was released, Landor sued the warden and the guards for violating the 2000 law, known as RLUIPA, which promised “appropriate relief” to those whose rights were violated.

But a federal judge, the 5th Circuit Court and now the Supreme Court have tossed out Landor’s suit.

Justice Neil M. Gorsuch wrote for the six conservatives.

He explained that when the federal government gives states money for prisons, education, healthcare and other matters, it can require them to follow the law but it does not authorize private lawsuits against their employees

“To know that is enough to know the Court of Appeals was correct. Mr. Landor does not have a federal RLUIPA cause of action against the officers,” Gorsuch wrote. “Congress lacks regulatory authority to impose liability on them directly.”

The three liberals dissented.

“Today’s decision magically transforms a federal statute into an invitation to be accepted or declined, deemed binding only if each particular defendant has explicitly agreed to be penalized,” wrote Justice Ketanji Brown Jackson. “Prisoners like Landor who suffer violations of their religious freedom in state prisons — no matter how blatant — will often be left remediless.”
Justices Sonia Sotomayor and Elena Kagan agreed.

Civil liberties advocates denounced the decision.

“Our justice system is built on the promise of accountability when rights are violated,” said Rachel Rossi, president of the Alliance for Justice. “If there is no remedy for such a transgression, then there is no justice. This ruling will further erode critical civil rights protections of the far too many incarcerated people in this country.”

Rachel Laser, chief executive of Americans United for Separation of Church and State, said today’s decision “endangers the religious freedom of incarcerated people, like Damon Landor, who are particularly vulnerable to abuse and having unnecessary burdens placed on their religious exercise. Once again, we see a court that will bend over backward for the religious freedom of Christians, but allows the government to trample the religious freedom of non-Christians.”

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Top Justice Department officials can remain part of prosecution of press gala attack, judge rules

A federal judge on Monday denied a request to disqualify top Justice Department officials from supervising the prosecution of the man charged with trying to kill President Trump at the White House Correspondents’ Association dinner.

Cole Tomas Allen had argued that involvement in his prosecution by Acting Atty. Gen. Todd Blanche and District of Columbia U.S. Atty. Jeanine Pirro created a potential conflict of interest because they were among many administration officials present at the April dinner. Allen’s attorney also had raised concerns about the close friendship between Trump and Pirro, a former Fox News commentator.

U.S. District Judge Trevor McFadden wrote in his ruling that neither their attendance at the dinner nor Pirro’s personal relationship with the president merited their disqualification. McFadden noted that Allen is not charged with attempting to harm Blanche and Pirro, and there is no evidence to suggest he even knew they would attend the dinner.

“They are unlikely to be trial witnesses, nor do they meet the legal definition of victims,” wrote McFadden, who was nominated to the bench by Trump.

Allen has been accused of trying to breach a security checkpoint armed with guns and knives. He has pleaded not guilty to various charges, including assaulting a federal official with a deadly weapon and attempted assassination of the president. He faces a maximum sentence of life in prison if convicted of the attempted assassination charge alone.

Allen also is accused of firing a shotgun at a Secret Service agent during the attack, which disrupted and ultimately prompted an early end to one of the highest-profile annual events in the nation’s capital. The Secret Service officer who was shot once in a bullet-resistant vest fired his own weapon five times without hitting anyone. Allen, of Torrance, California, was injured but was not shot.

Richer writes for the Associated Press.

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Justice Department blocked from releasing Biden biographer’s recordings

June 19 (UPI) — A federal judge on Friday told the U.S. Department of Justice it cannot release a transcript and recording of former President Joe Biden and his biographer’s conversations.

Although U.S. District Court Judge Dabney Friedrich had earlier in the day denied Biden’s request for an injunction, she nonetheless told the department to wait three weeks for the release as his lawyers file an appeal, ABC News and CBS News reported.

Redacted versions of a transcript and recording of conversations between Biden and the ghostwriter of his biography, Mark Zwonitzer, were set to be released by the Justice Department on Friday afternoon after Friedrich’s initial ruling.

The recordings had been set for release to the conservative think tank The Heritage Foundation, which filed a Freedom of Information Act request in 2024 based on reports of Biden’s handling of sensitive and secret government records during the years between serving as vice president to President Barack Obama and being elected to the White House himself.

“Biden has not identified any public harm that would arise absent an injunction in this case,” Friedrich wrote in her decision.

“The harm to Biden’s diminished privacy interest is outweighed by the public’s interest in the Zwonitzer materials and FOIA’s ‘policy of broad disclosure of Government documents in order to ensure an informed citizenry, vital to the functioning of a democratic society,” she wrote.

Biden’s attorney’s argued that the conversations for his book were not intended to have been released and that the public’s only interest is because of the government records case, which investigators referred to in their report.

Biden was not charged or alleged of any wrongdoing after the investigation because while evidence suggested that he “willfully retained and disclosed classified material,” his guilt for having done so could not be fully established for a successful prosecution, investigators said at the time.

President Donald Trump presents a Medal of Honor to Tom Ripley on behalf of his father, John W. Ripley, during a Medal of Honor award ceremony in the East Room of the White House on Thursday. Photo by Aaron Schwartz/UPI | License Photo

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