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June 2016

Minutes ago Judge Barry Williams, sitting in a bench trial, acquitted van driver Officer Caesar Goodson of all charges in the death of Freddie Gray, according to Baltimore Sun reporter Justin Fenton. Freddie Gray Caesar Goodson not guilty Goodson had been charged with second-degree depraved heart murder, manslaughter, two counts of vehicular manslaughter, second-degree assault, reckless endangerment, and misconduct in office.  He faced up to 30 years in prison. This leaves State's Attorney Marilyn Mosby with a record of 0 and 3 in the "Freddie Gray" prosecutions, following the hung jury of Officer William Porter and the acquittal Officer Edward Nero in a bench trial.

Yet another exciting day for SCOTUS watchers. Thursday morning, the Court released its opinion in Fisher v. University of Texas at Austin, holding in a 4-3 decision (Justice Elena Kagan did not participate) that the use of race in admissions at the Texas university was constitutional. Opinion, written by Justice Anthony Kennedy, is here. Chief Justice John Roberts, Justice Clarence Thomas, and Justice Samuel Alito dissented. On first glance, it's clear that Texas' "Ten Percent Plan," where the top 10% of the class from every Texas high school gains automatic admission was a big factor, as a race-neutral alternative that still increased diversity.

Israel and the United States have signed an agreement aimed at increasing bilateral cooperation in the field of cyber defense. The Cyber Defense Cooperation Agreement penned on Tuesday, June 21, seeks to build joint infrastructure in cyber defense, create partnerships in private sector, fund research, and develop new technologies. The agreement wants to improve the existing mechanisms for sharing of operative information between U.S. Department of Homeland Security (DHS) and its Israeli counterparty, National Cyber Security Authority. Israel has long established itself as a technology superpower with Tel Aviv and Jerusalem as major centres for cutting edge startup innovation -- second in the world only to the Silicon Valley. In recent years, the city of Beersheba located in the middle of the Negev desert has emerged as the world leader in cyber security. Today, around 20 percent of all technology companies in Israel are working in cyber security, making it the biggest technology related sector in the country.

It's not that Trump has never criticized Hillary Clinton before. But a speech Trump gave today focused on those criticisms. I've been expecting that to happen, because realistically speaking it's his best and perhaps only chance---to ramp up the already-existent dislike and disapproval of Clinton (and the Clintons as a duo), and to make people vote for him as a reaction to her. To me, the most powerful part of the speech---and a theme Trump should hammer home, because this is the sort of thing that could change the minds of people who are not already predisposed to vote for him, women and the LGBT community---was this:
I only want to admit people who share our values and love our people. Hillary Clinton wants to bring in people who believe women should be enslaved and gays put to death.

Well, well, well.  It looks like the civil suits filed against State's Attorney Marilyn Mosby (who brought the prosecution againt the officers) and Baltimore Assistant Sheriff Cogen (who swore out the charges against the officers) is beginning to bear strategic fruit, just as I'd predicted was their true immediate purpose. Today the Baltimore Sun reports that Cogen now claims in an affidavit that he had "no involvement in the investigation whatsoever." Instead, he was simply presented with purported evidence by the prosecution and told what the prosecutors had already themselves determined to be the facts of the case.  Cogen affidavit states:
I was also presented with a narrative that formed the basis of the application for statement of charges that I completed by the State's Attorney's Office.  The facts, information and legal conclusions contained within ... as well as the charges lodged against plaintiff came entirely from members of the State's Attorney's Office.

World #4 golfer Rory McIlroy has announced he will not play at the Rio Olympics due to the Zika outbreak. He released this statement:
"After much thought and deliberation, I have decided to withdraw my name from consideration for this summer's Olympic Games in Rio de Janeiro. "After speaking with those closest to me, I've come to realise that my health and my family's health comes before anything else. "Even though the risk of infection from the Zika virus is considered low, it is a risk nonetheless and a risk I am unwilling to take. "I trust the Irish people will understand my decision. The unwavering support I receive every time I compete in a golf tournament at home or abroad means the world to me. "I will continue to endeavour to make my fans and fans of golf proud with my play on the course and my actions off it."
Scientists have connected Zika to birth defects, including microcephaly and Guillain-Barré syndrome. Numerous athletes have withdrawn from the Olympics because of Zika while some have expressed doubt they will play, but have not made up their mind yet.

Francis William was born four months early weighing just over a pound and a half. Doctors gave him a 15% chance of survival. "We had a choice -- do everything or do nothing," said his Mom. "We wanted to give him a chance." Francis William's Dad wanted to know if his son had a real chance of survival. "I didn't want false hope, like please be honest with me, how is he really doing? I pulled one of the doctors aside and he says, let me just tell you, the numbers are all against Francis." The NICU nurses left a handful of markers for the family to create something colorful on the white board used for status updates in Francis William's room. His Aunt used her creativity to construct a "Finding Nemo" drawing. That innocuous little drawing lead the family to a greater story of hope.

Recently, I noted that climate change skeptics who also acted as their states' attorneys general warned their environmental activist counterparts that plans were being made to "fight fire with fire." Afterall, if the government's environmental activists begin targeting businesses and private organizations under racketeering statutes for denying progressive environmental science theories, then skeptics surely can go after eco-activists for their climate exaggerations and alarmist tactics. Goose, meet gander! In a way, the pushback has already begun. About one month ago, thirteen Republican members of the Science, Space, and Technology Committee Republicans sent letters to 17 state attorneys general and eight environmental groups requesting documents related to the groups’ coordinated efforts to deprive companies, nonprofit organizations, scientists and scholars of their First Amendment rights and their ability to fund and conduct scientific research free from intimidation and threats of prosecution. This congressional committee has turned up the heat even more. It is now delving into eco-activism at the federal level by requesting records of the communications between employees for the state attorneys general and the Justice Department, the Environmental Protection Agency, or the White House.

Members inside GOP presumptive presidential candidate Donald Trump's campaign said that Paul Manafort has taken over as campaign manager:
Three people close to the campaign said some of Trump's staff viewed Lewandowski as opposing strategic changes and staff hires urged for the general election campaign by Paul Manafort, a strategist hired in April partly for his experience on presidential campaigns that Lewandowski lacked. The three, a campaign staffer and two people in regular contact with Trump advisers, spoke on condition of anonymity because they were not authorized by Trump to discuss the firing. Manafort will take over as campaign manager, said Carl Paladino, co-chairman of the campaign's operations in New York state. "Paul's in charge," Sean Spicer, the Republican National Committee's communications director, said in an interview.
Trump brought in Manafort in late March as an advisor. People may not know Manafort, but those like me who have covered Ukraine since 2013 know the name all too well since he once advised ex-President Viktor Yanukovych. The man who advised the Moscow-backed president of Ukraine is now managing the campaign of the GOP candidate. While Manafort has consulted numerous unsavory individuals, Yanukovych remains fresh since his downfall has led to the worst tensions between the West and Russia since the Cold War.

Florida Senator Marco Rubio has decided to run for reelection, he confirmed to Fox News' Chris Wallace on Wednesday. Fox News posted a short clip on Twitter; the full interview will air at 6 pm Eastern Time. https://twitter.com/FoxNews/status/745621612163039237 “People in politics don’t like to admit that they’ve changed their mind, but I changed my mind, and the people in Florida deserve to know why,” Rubio said, explaining that there were "a lot of reasons."

Thursday morning trial Judge Barry Williams is expected to release his bench verdict in the “Freddie Gray” trial of van driver Officer Caesar Goodson. Officer Goodson is charged with murder, multiple counts of manslaughter, second-degree assault, misconduct in office and reckless endangerment. Goodson is the third of six charged officers to be tried in the death of Freddie Gray while in police custody. The jury trial of Officer William Porter ended in a hung jury, and Porter is scheduled to be re-tried. The bench trial of Officer Edward Nero ended in an acquittal. As was the case with Nero, Goodson also elected to have a bench trial. The prosecution in all these cases has put forth three distinct theories of criminal liability for the charged officers: (1) Murder by failure to seatbelt; (2) Murder by failure to provide prompt medical care; (3) Murder by “rough ride.”

Nicolle Wallace nailed it: "voters are so smart! And whenever we scratch our heads here in New York City or anywhere along the Acela corridor, you really just have to get out for a day or an hour and talk to people. They see everything." Wallace was reacting to clips from a focus group of working-class Pennsylvania voters aired on today's Morning Joe. Trump boosters and critics alike offered fresh, authentic, insightful takes on the candidate. As something of a political junkie, I found myself feeling envious of the clear and uncluttered way they cut to the heart of things. Have a look: if your faith in your fellow Americans has at times been flagging, these folks will restore it.

It should come as a surprise to no one that under Obama, the nation's top law enforcement officer sounds more like a high school guidance counselor than a prosecutor. The victims of a terror attack certainly deserve love and compassion but for an attorney general to say this is the best response to terror doesn't inspire much confidence. David Rutz of the Washington Free Beacon reported:
Lynch: Best Response to Terrorism Is Love and Compassion Attorney General Loretta Lynch said that love and compassion are the best responses to terrorism during remarks to the media in Orlando, Florida on Tuesday. Lynch said the Department of Justice stood in solidarity with the LGBT community “in the light” following a Muslim terrorist’s massacre of 49 people at a gay nightclub last week.

The group we commonly refer to as the Council on American Islamic Affairs (CAIR) actually operates through a web of local and regional affiliates, and includes the CAIR Action Newtork. The CAIR Action Network has been embroiled in litigation relating to alleged fraud in the handling of client cases by a "lawyer" working with the CAIR Action Network. The allegation in the lawsuit is that the lawyer wasn't a lawyer, and misrepresented the services being provided to clients. CAIR Action Networked defended, among other ways, by claiming it was not responsible for the "lawyer's" conduct. The lawsuit initially was dismissed by the trial court, but the federal appeals court in the D.C. Circuit just dismissed and reinstated the lawsuit, which now should proceed to trial. (The Opinion is embedded below). The Appeals Court summarized the nature of the case:

The Social Democrat minority government proposed legislation in Sweden to limit the number of refugees since the asylum seekers have stretched the country thin. They allowed in 160,000 people last year. From The New York Times:
The government said that under the new rules, individuals who want to bring over family members but do not apply to do so within three months of arriving in Sweden, would have to prove they can financially support them; current regulations require sponsors to demonstrate only that they can support themselves. Permanent residency for asylum-seekers under the age of 25 would be restricted to those who have completed high school and can support themselves. People who are formally granted refugee status would be able to bring over family members from abroad, but the legislation would circumscribe the family members who are eligible.
The asylum seekers have overwhelmed the public system since only 494 found employment. That's the tricky thing with socialism. You need people to fund it, but too many people can cause a collapse.

Mexican flags will greet GOP presumptive presidential candidate Donald Trump when he visits.....Scotland. Yes, the residents around Trump's Aberdeenshire golf course have raised the flag to "show solidarity" with the country since Trump wants to build a wall on the U.S.-Mexico border. The Donald ticked off these people when he built his golf course because he wanted to buy their lands. https://twitter.com/STVNews/status/745230658214170624 David Milne raised one of the Mexican flags:
Mr Milne said: "I am currently flying a Mexican flag along with my usual Saltire just for solidarity along with those worldwide who Trump has decried, insulted and threatened over the years, and will continue to decry, insult and threaten."

On Memorial Day weekend, we covered the accident with Harambe that led to the shooting of a rare gorilla to protect a boy who fell into the Cincinnati's zoo enclosure. Now, in time for Father's Day, there is troubling news related to the awful death of Lane Graves. The 2-year old was attacked by an alligator at the man-made Seven Seas Lagoon located across the lake from the Magic Kingdom in Disneyworld.