You vs Uncontrollable Gov Authority, Who Wins? Tyranny Prevention is a Core Purpose of the 2nd Amendment. People Must Be Able to Obtain Assault Weapons for this "Pre-Existing Right" to be Meaningful

You vs Uncontrollable Gov Authority, Who Wins? Tyranny Prevention is a Core Purpose of the 2nd Amendment. People Must Be Able to Obtain Assault Weapons for this "Pre-Existing Right" to be Meaningful

This Note argues that “tyranny prevention” is a core purpose of the Second Amendment which therefore necessitates protection for some quantum of military-style weaponry. It does so by examining the Second Amendment through the lens of the most commonly accepted modes of constitutional interpretation. This analysis is especially relevant today as courts struggle to decide what kinds of weapons are protected by the Second Amendment—and why. Although courts are understandably reluctant to engage with the topic of tyranny prevention and military weaponry, courts will not be able to properly define the scope of the right without engaging in a serious examination of the right’s core purposes. This Note seeks to do just that.

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Univ of Chicago Poll Reveals a Majority of Americans Agree, 'Government is corrupt and rigged against people like me.' 28% say ‘it may be necessary for citizens to take up arms against government’

From [HERE] and [HERE] As Independence Day approaches, more than one in four Americans are so alienated from their government that they believe it may “soon be necessary to take up arms” against it, according to a new poll released Thursday by the University of Chicago’s Institute of Politics (IOP).

That startling finding, which comes in the midst of congressional hearings into the January 6th insurrection at the U.S. Capitol, was just one of several reflections of the dangerous level of estrangement many Americans feel from each other and our democratic institutions.

The survey of 1,000 registered voters, conducted last month by Republican pollster Neil Newhouse and Democratic pollster Joel Benenson with input from students at the IOP, was designed to probe polarization and its relationship to the news sources upon which Americans rely in a fractionated media environment.

The portrait that it paints reveals not only the growing divides we have witnessed in recent years but strong sentiments that the majority of media outlets contribute to these divisions by intentionally misleading their audiences to promote a political point of view.

Among the poll’s findings:

  • A majority of Americans agree that the government is “corrupt and rigged against everyday people like me,” including 73 percent of voters who describe themselves as a “strong Republican,” 71 percent who called themselves “very conservative” and 68 percent of rural voters. A bare majority (51 percent) of voters who call themselves “very liberal” also agreed. Overall, two-thirds of Republican and Independent voters agree that the government is “corrupt and rigged” against them, while Democrats are evenly split.

  • With the debate raging about the integrity of our elections, a majority (56 percent) say they “generally trust elections to be conducted fairly and counted accurately.” But that view is deeply divergent by party. Four in five Democrats (78 percent) say they generally trust our elections to be fair and accurate. Half (51 percent) of Independent voters but just 33 percent of Republicans agree. Among those who reported voting for Donald Trump in 2020, the number who say they generally trust elections is 31 percent.

  • Nearly half of Americans (49 percent) agreed that they “more and more feel like a stranger in my own country,” with 69 percent of strong Republicans and 65 percent who call themselves “very conservative” leading the way. Fully 38 percent of strong Democrats agreed.

  • And 28 percent of voters, including 37 percent who have guns in their homes, agree that “it may be necessary at some point soon for citizens to take up arms against the government.” That view is held by one in three Republicans, including 45 percent of self-identified strong Republicans. Roughly one in three (35 percent) Independent voters and one in five Democrats agreed.

Massacre of Jayland Walker Sounded Like Fireworks. On Video an Army of Lathered-Up, White Akron Cops Shot Unarmed Black Man 60X as He Fled on Foot. Cops Claim He Didn't Stop for Traffic Violation

Unedited video above. Narrated, remixed nonsense from cops is below. Thus far, only one body camera video has been released. Police said the other videos would be released today.

Gun Control in liberal Akron? TRAFFIC CAMERAS OR PRIVATE SECURITY WOULD BE MORE EFFICIENT. Unarmed Black Man fleeing on foot Massacred by an army of lathered-up, barbaric white cops. Cops claim he failed to pull over for an unknown traffic violation, so they went on a manic chase. Cops Claim he fired a gun while driving - but have no tangible evidence that a gun was discharged. Nor did they say who they believed he shot at. He was unarmed and posed no threat as he fled from cops on foot. Cops never saw a gun because it was on his car seat, out of view at all times from the killers.

Akron is a city run by white liberals as Democrats control all branches of government.

According to FUNKTIONARY:

government paradox - Government is men and women providing services on a compulsory basis—pay and obey or get shot. "To be legitimate they would have to drop their guns and provide their services on a voluntary basis. However, the moment they do so, they cease to be a government. That's quite the conundrum." —Marc Stevens. (See: Statism, Nations, Slavery, Standing, Jurisdiction, State, Unalienable Rights, Freedom, Predictive Programming, Education & Citizens)

Don’t blame the gun, Blame authority. Jayland was murdered for failing to comply with an order to pull over and an order to remain in his vehicle or to stop. In other words, he was murdered for failing to comply with authority. All laws or commands by authorities are threats backed by the ability and willingness to use violence/force against those who disobey. The reality is simply obey authority or go to jail or be murdered. Fool yourself if you want to, but there is nothing consensual or voluntary in our legal system. The legal system is entirely based on and anchored in physical coercion, violence.

Authority is not real, it is simply a belief. Authority is the belief in the government’s implied right to rule over people in the first place. Authority is the belief that some people have the legal and moral right to forcibly control others, and that, consequently, those others have a legal and moral obligation to obey.’ Michael Huemer defines political authority as “the hypothesized moral property in virtue of which governments may coerce people in certain ways not permitted to anyone else and in virtue of which citizens must obey governments in situations in which they would not be obligated to obey anyone else.”

In real life authority is a granfalloon, an unreality. FUNKTIONARY explains Authority “has no meaning in reality,” it “is the means by which society uses to control its population.” Authority is a “cartoon” or an “image of law” because among other things the social contract is a lie told to you by your masters. Consequently, there is no rational justification for anyone or entity to rule over other human beings. Authority is rule through coercion.” Coercion here means physical force. “Laws” are threats backed by the ability and willingness to use violence/force against those who disobey. Huemer explains ‘the legal system is anchored by a non-voluntary intervention, a harm that the state can impose regardless of the individual’s choices.’ The only actual choice authority presents to citizens is to obey commands and laws or go to jail. Locke states, “The lie of tyranny is that you will maintain the freedom of life by obeying authority. The choices it offers you are a lifetime of obedience or death.” The rebel Larken Rose explains,

Contrary to what nearly everyone has been taught to believe, “government” is not necessary for civilization. It is not conducive to civilization. It is, in fact, the antithesis of civilization. It is not cooperation, or working together, or voluntary interaction. It is not peaceful coexistence. It is coercion; it is force; it is violence. It is animalistic aggression, cloaked by pseudo-religious, cult-like rituals which are designed P make it appear legitimate and righteous. It is brute thuggery, disguised as consent and organization. It is the enslavement of mankind, the subjugation of free will, and the destruction of morality, masquerading as “civilization” and “society.” The problem is not just that “authority” can be used for evil; the problem is that, at its most basic essence, it is evil. In everything it does, it defeats the free will of human being controlling them through coercion and fear. It supersedes and destroys moral consciences, replacing them with unthinking blind obedience. It cannot be used for good, any more than a bomb can be used to heal a body.

Huemer offers the following:

Government is a coercive institution. Generally speaking, when the state makes a law, the law carries with it a punishment to be imposed upon violators. It is possible to have a law with no specified punishment for violation, but all actual governments attach punishments to nearly all laws.[7] Not everyone who breaks the law will in fact be punished, but the state will generally make a reasonable effort at punishing violators and will generally punish a fair number of them, typically with fines or imprisonment. These punishments are intended to harm lawbreakers, and they generally succeed in doing so.

Direct physical violence is rarely used as a punishment. Nevertheless, violence plays a crucial role in the system, because without the threat of violence, lawbreakers could simply choose not to suffer punishment. For example, the government commands that drivers stop before all red lights. If you violate this rule, you might be punished with a $200 fine. But this is simply another command. If you didn’t obey the command to stop before all red lights, why would you obey the command to pay $200 to the government? Perhaps the second command will be enforced by a third command: the government may threaten to revoke your driver’s license if you do not pay the fine. In other words, it may command you to stop driving. But if you violated the first two commands, why would you follow the third? Well, the command to stop driving may be enforced by a threat of imprisonment if you continue to drive without a license. As these examples illustrate, commands are often enforced with threats to issue further commands, yet that cannot be all there is to it. At the end of the chain must come a threat that the violator literally cannot defy. The system as a whole must be anchored by a nonvoluntary intervention, a harm that the state can impose regardless of the individual’s choices.

That anchor is provided by physical force. Even the threat of imprisonment requires enforcement: how can the state ensure that the criminal goes to the prison? The answer lies in coercion, involving actual or threatened bodily injury or, at a minimum, physical pushing or pulling of the individual’s body to the location of imprisonment. This is the final intervention that the individual cannot choose to defy. One can choose not to pay a fine, one can choose to drive without a license, and one can even choose not to walk to a police car to be taken away. But one cannot choose not to be subjected to physical force if the agents of the state decide to impose it.

Thus, the legal system is founded on intentional, harmful coercion. To justify a law, one must justify imposition of that law on the population through a threat of harm, including the coercive imposition of actual harm on those who are caught violating the law. In common sense morality, the threat or actual coercive imposition of harm is normally wrong. This is not to say that it cannot be justified; it is only to say that coercion requires a justification. This may be because of the way in which coercion disrespects persons, seeking to bypass their reason and manipulate them through fear, or the way in which it seems to deny the autonomy and equality of other persons.

Black Man Shot Dead in the Back by a White Savannah Cop Hadn't Committed a Crime as He Fled from Unlawful Arrest. Saudi Arai Lee Gave Cop His Gun Permit. StrawBoss Police Chief Hides Details, Resigns

No Matter What the Law Says, Black People are Prohibited from Possessing Guns in White Over Black System From [HERE] The Georgia Bureau of Investigation said it is independently investigating Friday's fatal shooting of a man who officers spotted walking around midday in the middle of a street. The man, Saudi Arai Lee, 31, of Savannah, lived in the neighborhood where the shooting occurred.

The officer, identified as Ernest Ferguson by a GBI Fact Sheet obtained by the Savannah Morning News, is on administrative leave and has been with the department since March 2021, Savannah police spokeswoman Bianca Johnson wrote in an email. Ferguson is white.

“Family after family are crying because of sons or their daughters shot down by this police department and it must stop,” Elder James Johnson, founder of the activist group Racial Justice Network, said at a news conference Wednesday.

“I don’t know if it’s the training or a fear of a Black man, but seems like they shoot and ask questions later, and we cannot and will not tolerate this," he said.

Black clergymen called Savannah Police Chief Roy Minter to step down and called for a federal investigation into the number of police shootings in Savannah. And he did. On Thursday Minter resigned from his post to focus on the confirmation process for his nomination to serve as U.S. Marshal for the Southern District of Georgia. [MORE]

Elder James Johnson with the Racial Justice Network said there were too many police shootings under Minter‘s watch and he is concerned about the outgoing chief potentially working for the U.S. Marshal Service. “I’ll do all I can to stop that because his record is not good in Savannah,” he said. Minter was appointed by President Brandon.

Religious leaders called into question the training of officers in the field and residents took specific issue with what they alleged is excessive policing in their neighborhood, which they say likely led to the death of Saudi Arai Lee, a 31-year-old resident of the neighborhood.

Neighbors at the press conference said they've had negative interactions with Savannah police and said they've filed complaints against officers who've repeatedly targeted them. 

Felicia Walker recalled an incident when one of her "neighborhood sons" was involved in an altercation at a nearby store. When she went to the store to see what was going on, she said an officer pointed his mace in her face. 

Officers approached Lee to speak with him, the GBI said. The agency said Lee immediately showed them his wallet, saying it contained his weapons permit, and then lifted his shirt and removed a weapon from a holster.

Lee lifted his shirt and pulled a weapon from a holster. At some point, which is not clear based upon available information, a short chase ensued and an officer shot and killed Lee. 

The shooting occurred at the intersection of Gwinnett and Magazine streets, the Savannah Police Department confirmed in a tweet Friday. 

A video shared on Facebook purportedly capturing the aftermath of the shooting and which has since been removed, showed onlookers rushing to Lee, as two officers stood near his body; they urged police to help the man whose was sprawled in the street.  

About four minutes into the video, officers are seen giving the man CPR. Commenters in the video could be heard saying the victim had a gun but did not point it at any of the officers.  

Miles said medical aid was rendered at the scene, and Lee was taken to Memorial University Medical Center where he was pronounced dead. The GBI Medical Examiner’s Office will perform an autopsy.  

GBI agents said a handgun and a holster were recovered from the scene. Results of the GBI's investigation will be given to a local district attorney’s office for review, the agency said.

"This man had a legal concealed weapons permit and still was shot down. It should never be a death sentence (for) a Black man for carrying a weapon," Johnson said.

The Savannah Morning News requested the police report, but on Wednesday afternoon, an employee in the records department said the report was still in draft mode.

Lee’s killing was the fifth officer-involved death in Savannah this year, the newspaper said.

Black clergymen called Savannah Police Chief Roy Minter to step down and called for a federal investigation into the number of police shootings in Savannah. And he did. On Thursday Minter resigned from his post to focus on the confirmation process for his nomination to serve as U.S. Marshal for the Southern District of Georgia. [MORE]

Elder James Johnson with the Racial Justice Network said there were too many police shootings under Minter‘s watch and he is concerned about the outgoing chief potentially working for the U.S. Marshal Service. “I’ll do all I can to stop that because his record is not good in Savannah,” he said. Minter was appointed by President Brandon.

Religious leaders called into question the training of officers in the field and residents took specific issue with what they alleged is excessive policing in their neighborhood, which they say likely led to the death of Saudi Arai Lee, a 31-year-old resident of the neighborhood.

Neighbors at the press conference said they've had negative interactions with Savannah police and said they've filed complaints against officers who've repeatedly targeted them. 

Felicia Walker recalled an incident when one of her "neighborhood sons" was involved in an altercation at a nearby store. When she went to the store to see what was going on, she said an officer pointed his mace in her face. 

In April 2020, 77 SPD officers filed a joint complaint with the city's Office of Human Resources “to address a series of complaints against Chief Minter and his failures to abide by both the City of Savannah’s employee standards and leadership principles.” [MORE]

The city then conducted an investigation into the nature of those complaints through its conflict resolution program. 

Walker spoke briefly about Lee, calling him one of her "neighborhood sons" and said to know him was to love him. She, along with the clergymen and neighbors, called on the Chatham County District Attorney, Savannah Mayor Van Johnson and Minter to hold the officer accountable in Lee's shooting.

"I have sons and I have grandsons...it could have very well been myself because I'm a licensed carrier. Enough is enough," she said. [MORE]

Exonerated Black Woman Files Lawsuit after Racist Suspect Mississippi Authorities Wrongfully Arrested, Prosecuted her for the Capital Murder of her 8-day-old Daughter and Detained w/o Bail for a Year

From [InnocenceProject] and [MORE] Jocelyn McLean, a mother who was wrongfully arrested, prosecuted for the capital murder of her 8-day-old daughter, and detained without bail for nearly a year, has filed a civil rights lawsuit against Tallahatchie County and Mississippi officials. Ms. McLean was charged with murder after the Mississippi medical examiner’s office falsely claimed her newborn daughter’s death was a homicide. The lawsuit was filed in the U.S. District Court for the Northern District of Mississippi.

Ms. McLean’s ordeal captured national attention this weekend, with the publication of a New York Times feature, “Failed Autopsies, False Arrests: A Risk of Bias in Death Examinations.”

A further detail and as yet unreported aspect of the case is that, contrary to the deputy medical examiner’s implausible denial that he had seen the ER records prior to his final autopsy report in 2017, Coroner Ginger Meriwether’s Answer to the Complaint declares that she hand-delivered the relevant ER records on the same day in September 2016 that she brought the deceased newborn to the medical examiner’s office prior to the autopsy. 

In September 2016, Ms. McLean prematurely gave birth to a baby girl, Emberly. Due to medical complications, Emberly was hospitalized at the University of Mississippi Medical Center for six days after her birth. A day after her release, her mother rushed Emberly to the nearby Tallahatchie General Hospital because she was not eating and was gasping for breath. After diagnosing Emberly with acute respiratory distress, medical personnel tried desperately to save her life with heroic medical interventions. The hospital staff was joined in the effort by the emergency flight team from Memphis Le Bonheur Children’s Medical Center, which had been summoned to airlift her for specialized treatment. Tragically, this extensive effort was in vain and Emberly died at Tallahatchie Hospital four hours after her arrival. 

Ms. McLean’s devastation was compounded when she was later arrested, charged with capital murder, separated from her other children, and incarcerated in the Tallahatchie County jail for 11 months because the Mississippi medical examiner’s office falsely claimed that Emberly’s death was a homicide caused by “[b]lunt force injuries with features of strangulation.”

Racial Bias in Forensic Pathology

This false claim was made on the official autopsy report by former Deputy Chief Medical Examiner Dr. J. Brent Davis, which was also reviewed and approved by two other pathologists, former Chief Medical Examiner Dr. Mark LeVaughn and former-Deputy Medical Examiner Dr. Liam Funte, and repeated on the amended death certificate by the County Coroner. These claims were made despite the fact that Emberly’s body and the medical records of her short life clearly demonstrated that all the injuries on her body were not the result of a murder stemming from child abuse, but instead resulted from the extensive efforts by medical personnel to save her life as she died from natural causes. An independent expert in forensic pathology, with decades of experience, later reviewed the autopsy report and described it as “the worst autopsy” she has ever seen.  

Four days before she was to go on trial, the medical examiner’s office finally admitted it was wrong and the capital murder charges against Ms. McLean were dropped — after she had spent nearly a year in jail, had been subject to ankle monitoring for more than a year, and had suffered severe emotional distress.

Ms. McLean is Black, while the three former forensic pathologists at the Mississippi medical examiner’s office who issued and signed off on the autopsy report are white. 

A recent study found that forensic pathologists were more likely to rule the death of a child a homicide rather than an accident when the child is Black versus white.

“I wonder if the Mississippi medical examiner’s office would have done this if the newborn had been white and her mother middle-class,” said Tara Lang of Charleston, Mississippi, one of Ms. McLean’s attorneys. “Unfortunately, racial bias is a fact of life in our criminal legal system. This grieving mother should not have been jailed for a crime that never occurred.”

“Every forensic pathologist in America, without exception, is expected to review the medical records leading up to a newborn’s death. Davis’ willful blindness to the sad but naturally caused death intentionally inflicted additional and needless torture on a young mother enduring the grief and trauma of losing her newborn daughter.” said Peter Neufeld, co-founder and special counsel of the Innocence Project, which also represents Ms. McLean in this lawsuit.

“The Mississippi medical examiner’s office has been plagued by serious problems for a long time,” said Rob McDuff of Jackson, Mississippi, another of Ms. McLean’s attorneys. “Instead of conducting a careful analysis of this tragic death, these pathologists falsely labeled this a homicide, which led to these bogus charges and eleven months in jail for this innocent woman. They should be held accountable.”

False and Misleading Scientific Evidence       

Former Mississippi Deputy Chief Medical Examiner Dr. J. Brent Davis was forced to admit the truth: Ms. McLean’s newborn baby was not murdered, and each and every injury that he catalogued in his autopsy report was attributable to medical interventions by hospital personnel.

Those numerous invasive and traumatic medical interventions to save Emberly’s life were obvious to Dr. Davis when he conducted the autopsy the day after the newborn died in 2016. He photographed the condition of the baby’s body reflecting the presence of the extensive hospital equipment and dressings and specifically noted in his report that she had a catheter in her leg, an endotracheal tube in her mouth, bandages on her neck and forehead, electrocardiograph pads on her body, and gauze taped to her arm. But he declined to follow fundamental scientific principles and basic professional standards requiring evaluation and reporting of recent medical history as reflected in hospital records. His autopsy report never mentioned them, nor the fact that the virology culture was positive for the presence of a virus which could have contributed to the newborn’s death. 

When Dr. Davis recanted his false claim of homicide, years after the autopsy itself, he claimed he had just seen the hospital records for the first time. That appears to have been false. Indeed, Ginger Meriwether, the Tallahatchie coroner named as a co-defendant in Ms. McLean’s lawsuit, has asserted in court filings that she gave Emberly’s emergency room records to the medical examiner’s office the very same day she presented Emberly for an autopsy. Regardless, Dr. Davis clearly knew from the equipment and medical dressing he observed on Emberly’s tiny body — she weighed only five pounds — during the autopsy that she had been in the hospital immediately before her death and that extensive medical interventions occurred.

The misapplication of forensic sciences is a leading cause of wrongful conviction. Many of these miscarriages of justice are the result of cognitive and, in particular, racial bias, infecting the conclusions of forensic experts practicing in highly subjective forensic disciplines. The cause and manner of death determinations made by forensic pathologists like Dr. Davis and his colleagues at the Mississippi state medical examiner’s office are unregulated, subjective, and have led to unjust prosecutions and wrongful convictions.  

“Fortunately, the Innocence Project is committed not only to seeking redress for the grave constitutional violations and injuries Ms. McLean suffered here but also to shining a bright light on improper practices of medical examiners that lead to wrongful arrests or conviction of innocent defendants,” said Maura Barry Grinalds, who is serving as pro bono co-counsel for Ms. McLean.

“This case is but one egregious example of this all-too-common reality for criminal defendants,” added Edward L. Tulin, who is also serving as pro bono co-counsel. 

Ms. McLean’s civil rights lawsuit is based on violations of her constitutional rights to be free from false arrest and fabricated evidence, as well as state law claims for malicious prosecution and intentional infliction of emotional distress. If not for these unconstitutional and unlawful actions, Ms. McLean would never have been arrested and charged with capital murder. The Innocence Project, Tara Lang of the T&G Lang Law Firm in Charleston Mississippi, Rob McDuff of Jackson Mississippi, and the Mississippi Center for Justice, along with pro bono co-counsels Edward L. Tulin of Gish PLLC and Maura Barry Grinalds, both of New York, are representing Ms. McLean in her lawsuit against former Mississippi Deputy Chief Medical Examiner Dr. J. Brent Davis, former Mississippi Chief Medical Examiner Mark LeVaughn, former Mississippi Deputy Medical Examiner Dr. Liam Funte, Tallahatchie County Coroner Ginger Meriwether, the Mississippi Bureau of Investigation Special Agent Joseph Mauney, and Tallahatchie County. The Case Number is 3:22-cv-00033-DPJ-FKB (N.D. Miss.).

Scheduled Murders by Tennessee Authorities Could be on Hold for Years Following Independent Investigation into widespread non-compliance with its execution protocol

From [DPIC] Tennessee executions could be on hold for years, as the state conducts an independent investigation into widespread non-compliance with its execution protocol and litigates the constitutionality of revisions expected to be made to its execution procedures. The anticipated delay, first reported by the Associated Press June 13, 2022, is a likely by-product of a decision by Governor Bill Lee to cancel all executions scheduled in the state for the remainder of 2022 and an agreement entered into by the Tennessee Attorney General's office in on-going litigation over the state’s execution protocol.

On April 21, 2022, Lee issued a last-minute reprieve that halted the scheduled execution of Oscar Smith, cryptically citing a “technical oversight” in the state’s execution process. Ten days later, after revelations that corrections officials had failed to test execution drugs for bacterial endotoxins before Smith’s execution, Lee announced that the state had retained former U.S. Attorney Ed Stanton to conduct a third-party review of Tennessee’s execution process. 

Shortly thereafter, state prosecutors filed a notice in a pair of federal lawsuits filed by death-row prisoners Terry Lynn King and Donald Middlebrooks stating that “there may be factual inaccuracies or misstatements in some of [the state’s] filings” in response to the prisoners’ lethal-injection challenges. The prosecutors and counsel for the prisoners entered into an agreement to put the lawsuits on hold pending the completion of Stanton’s investigation and the amendment of the execution protocol. 

As part of the agreement, state prosecutors agreed not to seek an execution date for King or oppose a stay of execution for Middlebrooks if his previously halted execution is rescheduled at least until the district court reaches a decision on their challenges and the U.S. Court of Appeals for the Sixth Circuit issues an opinion on appeal. Prosecutors further agreed to pause discovery until Stanton’s investigation and any revisions to the execution protocol are completed and not to seek an expedited pretrial or trial schedule in the litigation following the conclusion of the investigation.

DPIC Analysis Finds Prosecutorial Misconduct was Involved in More than 550 Death Penalty Reversals or Exonerations

From [DPIC] An analysis by the Death Penalty Information Center has discovered rampant prosecutorial misconduct in death penalty prosecutions. DPIC’s ongoing review of death sentences imposed and overturned after the U.S. Supreme Court struck down existing death penalty statutes in 1972 has identified more than 550 prosecutorial misconduct reversals and exonerations in capital cases (click to enlarge image). That amounts to more than 5.6% of all death sentences imposed in the United States in the past half-century. 

“The data on wrongful convictions has long shown that prosecutorial misconduct is a significant source of injustice in the criminal legal system,” DPIC executive director Robert Dunham said. “But this research documents that what some judges have described as an ‘epidemic’ of misconduct is even more pervasive than we had imagined.”

These cases, Dunham cautioned, provide only a glimpse into the extent misconduct infects death penalty prosecutions. The list does not include the even more numerous cases in which courts found that prosecutors had committed misconduct but excused it on grounds of supposed immateriality or harmless error. It also does not include misconduct reversals in cases in which capital charges had been pursued but defendants were convicted of lesser charges or sentenced to life or less.

DPIC reviewed existing studies of prosecutorial misconduct, DPIC’s Exoneration Database, case documents from research for DPIC’s Death Penalty Census, and thousands of appellate opinions to identify capital cases that have been reversed for prosecutorial misconduct or resulted in a misconduct exoneration. This review demonstrated the widespread nature of the problem, uncovering misconduct reversals and exonerations in 228 counties, 32 states, and in federal capital prosecutions.

Is Gov Waging War Against People? According to MPV there have Been Only 4 Days this year when Police Didn't Kill Somebody. Black People are 3X More Likely to be Fatally Shot by Police than Whites

According to Mapping Police Violence, When examining data around police violence outcomes of police killings, we show that Blacks are approximately three times more likely to be killed in comparison to their White counterparts (Mapping Police Violence, 2022). Additionally, it is worth noting that 97% of the killings in our database occurred while a police officer was acting in a law enforcement capacity. This dataset does not include killings by vigilantes or security guards who are not off-duty police officers.

Recent studies employing Mapping Police Violence data have found that the threshold for police killings of Whites are much higher than those of Blacks (DeAngelis, 2021). Similarly, other research using Fatal Encounters data finds that Blacks are two times more likely to be killed by police “...even when there are no other obvious circumstances during the encounter that would make the use of deadly force reasonable” (Fagan and Campbell, 2020).

We encourage continued scholarship using the Mapping Police Violence, Fatal Encounters, and the Washington Post Police Shooting databases. For independent research, we encourage a combination of data sources to allow for validation and welcome any feedback, criticism, or issues that you come across with the data. Feel free to email us with any questions.

The following graphs and data are current only as of 3/31/2022. The WashPost database (further below) is more current.

The Washington Post police shooting database is current. It states, Although half of the people shot and killed by police are White, Black Americans are shot at a disproportionate rate. They account for less than 13 percent of the U.S. population, but are killed by police at more than twice the rate of White Americans. Hispanic Americans are also killed by police at a disproportionate rate.

It says 35 Black people have been killed by cops this year

According to Dr. Frances Cress Welsing, ‘Open warfare is continuously being waged against the Black collective.

We Black people do not see the war being waged against us because we don't want to and because we are afraid. We are engaging in behavior designed specifically to block out any awareness of the war - our true reality. Our behavior thus forces us into the insanity of hoping and begging - as opposed to the sanity of analysis, specific behavioral pattern design and specific conduct in all areas of people activity: economics, education, entertainment, labor, law, politics, religion, sex and war.

A major strategy in the war against the Black collective is the killing of Black males. Black males are being killed daily, in ever-increasing numbers, across the country. Other as non-white males also are being killed in ever-increasing numbers. These Black and other non-white males are being killed by white males in uniforms who have been authorized to carry guns. This particular form of murder and slaughter is called justifiable homicide.

Our Black collective today has no greater understanding of this war and the phenomenon of justifiable homicide than it did when Black males were being lynched and castrated daily, 100 years ago in the period of "Reconstruction," or reestablishment of white supremacy following the Civil War. Nor does the Black collective have a greater understanding of the current "open hunting season" on Black males than it did two and three decades ago.

Because we really do not understand what is going on, in our impotence and ignorance, in our powerlessness and frustration, we start getting mad, fussing, crying, rhyming, begging with picket signs, rioting in misdirec­tion, hooping and hollering, moaning in our churches and preparing again to vote for any white man who smiles at us even though he lies to us. These behaviors are all absolutely useless. Such behaviors are in vain and will take us nowhere. They will all come to naught and the problem - the war - will simply continue and intensify.

The stage has been reached in our experience of captivity out of Africa wherein we are being challenged to demonstrate a deep self-respect, requiring us to use our whole brain-computers - not just the right side, which permits us to engage in rhetoric, rhythm and rhyme. Now we must begin to exercise and use the left side of our brain-computers, the left cerebral hemisphere, which permits us to analyze critically and decode what is happening daily in front of our eyes and to organize a self- and group-respecting behavioral response to that which the environment is presenting us. We must have a disciplined, self- and group-respecting response to the specific war being waged against us. [MORE]

Can Freedom Exist in the Presence of so-called Authority?

50 Yrs Ago the Supreme Ct Declared the Death Penalty Unconstitutional. It Voided Every State’s Death Penalty Law/Commuted all Death Sentences. After Justice Stevens was Appointed it was Reinstated

From [HERE] On June 29, 1972, the Supreme Court (5-4) decided Furman v. Georgia(link is external), finding that the application of the death penalty were unconstitutional because they violated the Eighth Amendment’s ban on cruel and unusual punishment. The Court voided every state’s existing death penalty statute and every commuted death sentences.

The Furman v. Georgia (link is external) decision lasted four years. A new justice joined the court after the Furman decision: Justice John Paul Stevens.

The death penalty was reinstated in Gregg v. Georgia, when the Court approved new sentencing schemes intended to make the death penalty less arbitrary. The court rejected automatic death sentences and held death sentences cannot be characterized by “arbitrariness and capriciousness.” The ruling led to the use by states of aggravating and mitigating circumstances in determining capital sentencing.

In an October 2010 interview on National Public Radio, then newly-retired Supreme Court Justice John Paul Stevens said he particularly regretted one vote during his 35 years on the high court—his 1976 vote to uphold the death penalty in Gregg v. Georgia.

Stevens remarked, “I thought at the time … that if the universe of defendants eligible for the death penalty is sufficiently narrow so that you can be confident that the defendant really merits that severe punishment, that the death penalty was appropriate.” But, he added, over the years, “the Court constantly expanded the cases eligible for the death penalty, so that the underlying premise for my vote has disappeared, in a sense.” Justice Stevens also said that the court has made death penalty procedures more sympathetic to prosecutors: “I really think that the death penalty today is vastly different from the death penalty that we thought we were authorizing.”

in addition to Justice Stevens, two other justices in the Gregg majority announced a different position: Justices Blackmun and Powell.

Justice Harry Blackmun later changed his mind and concluded the theory he upheld in 1976 had failed: “For more than 20 years I have endeavored - indeed, I have struggled - along with a majority of this Court, to develop procedural and substantive rules that would lend more than the mere appearance of fairness to the death penalty endeavor. Rather than continue to coddle the Court’s delusion that the desired level of fairness has been achieved and the need for regulation eviscerated, I feel morally and intellectually obligated to concede that the death penalty experiment has failed. It is virtually self evident to me now that no combination of procedural rules or substantive regulations ever can save the death penalty from its inherent constitutional deficiencies” (Callins v. Collins, 1994).

50 years after the Furman decision, 23 states and the District of Columbia has abolished the death penalty.

27 states and the federal government retain the death penalty. However, three states (California in 2019, Pennsylvania in 2015, and Oregon in 2011) and the federal government have declared a moratorium on executions.

Francis Boyle: Elites on Both Sides Have More in Common w/Each Other than they Do w/Their Own People. Governments Mandated COVID Shots to Kill, Control and Profit Off Citizens [free range slaves]

As defined in FUNKTIONARY:

territorial gangsters – individuals (masquerading as “the State” so-called) who skillfully use fraud, coercion, and terror to claim “jurisdiction” (so-called) over their victims who happen to be in some geographic territory. Territorial gangsters brainwash their victims (the pixelated populace) so that they will work for them not only like slaves but actually as slaves. (See: Stationary Bandits, Statutory Oppression, Jurisdiction, Allegiance, Involuntary Servitude, Slave & Tyrant-Paradigm)

"Authority-" is not a force but a farce! "Every great advancement in natural knowledge has involved the absolute rejection of authority." —Aldous Huxley. Government is the hefty price we pay for our lack of being further evolved as humans. "The disappearance of a sense of responsibility is the most far-reaching consequence of submission to authority." —Stanley Milgram Regarding obedience to authority and carrying out "orders" Milgram states, "Thus there is a fragmentation of the totai human act; no one man decides to carry out the evil act and is confronted with consequences. The person who assumes full responsibility for the act has evaporated. Perhaps this is the most common characteristic of socially organized evil in modern society." At its root, government is based on violence and coercion. Without violent authority, studies show that violent behavior will all but disappear in its wake. Authority breeds the violence that it combats and perpetuates. Violence perpetrated by individuals is learned through noxious social experiences typically suffered under some assumed "authority." "The greatest purveyor of violence in the world today [is] my own government." —Dr. Martin L. King. Jr.. 1967. Read "Obedience to Authority" by Stanley Milgram, and "Constitution of No Authority" by Lysander Spooner. (See: Violence, Government. Yurugu, BOG. "The Law," Hierarchy. Obedience, Duty, Defiance, Disobedience, Compliance Priests, Preachers, Citizens, States, Involuntary Taxation, Tax Invasion, Behavior, Orders, Allegiance. Internal Revenue Service, Corporate State, Anarchy. Taxtortion, Power, Experts, Doggy & Neuropeans)

Twitter Committed to Destroying Informed Consent: Twitter ‘Silenced’ Physicians Who Posted Truthful Information About COVID to Please Government Authority, Lawsuit Alleges It's Actions Caused Harm

From [HERE] Three physicians are suing Twitter, alleging the company violated its own terms of service and community standards when it suspended their accounts for posting “truthful statements regarding COVID-19 policy, diagnosis and/or treatment.”

Drs. Robert MalonePeter McCullough and Bryan Tyson on Monday filed the lawsuit in Superior Court in California, San Francisco County.

The complaint alleges Twitter breached the terms of its contract when it permanently suspended the plaintiffs’ accounts, silenced their voices and failed to provide them with “verified” badges.

Plaintiffs allege Twitter’s actions were a substantial factor in causing them harm, and are asking the judge to order Twitter to reactivate their accounts.

All three doctors are represented by attorneys Bryan M. Garrie and Matthew P. Tyson (no relation to the plaintiff, Bryan Tyson).

Matthew Tyson on May 12, sent a letter to the directors and managing agents of Twitter requesting the company reinstate the accounts of five physicians, including the plaintiffs, and provide them with “verified” badges. Twitter failed to respond.

In the letter, Matthew Tyson acknowledged Twitter is a “private company” and its terms state it can “suspend user accounts for any or no reason.”

“However, Twitter also implemented specific community standards to limit COVID-19 misinformation on the platform, and Twitter was bound to follow those terms,” he added.

According to the complaint, Twitter’s content-moderation terms included removal procedures for ineffective treatments and false diagnostic criteria, and measures for “labeling” information as “misleading.”

Twitter has a “five-strike policy” as part of its COVID-19 misinformation guidelines and community standards.

Twitter’s website states:

“The consequences for violating our COVID-19 misleading information policy depend on the severity and type of the violation and the account’s history of previous violations. In instances where accounts repeatedly violate this policy, we will use a strike system to determine if further enforcement actions should be applied.”

Strike 1 is “no account-level action.” Strike 2 results in a 12-hour account lock. Strike 3 results in another 12-hour account lock. Strike 4 results in a seven-day account lock and five or more strikes lead to permanent suspension.

Plaintiffs claim they relied on Twitter to employ and enforce its terms in good faith and it was foreseeable to Twitter that plaintiffs would rely on the terms the company is obligated to follow.

According to the complaint, a “truthful tweet regarding COVID-19 policy, diagnosis and/or treatment” would not violate Twitter’s terms of service, community standards, content moderation policies or misinformation guidelines.

“None of these physicians posted false or misleading information, nor did they receive five strikes before suspension,” Matthew Tyson stated in his letter to Twitter.

“It’s no accident that Twitter violated its own COVID-19 misinformation guidelines and suspended the accounts of Drs. Zelenko, Malone, Fareed, Tyson and McCullough,” he wrote.

The letter stated:

“Twitter received express and implied threats from government officials to censor certain viewpoints and speakers, lest Twitter face the amendment or revocation of Section 230, or antitrust enforcement. This was a financial decision for Twitter.

“For the sake of profits, it chose to abandon its role as a neutral internet service provider and instead openly and intentionally collude with government to silence lawful speech.”

In an email to The Defender, lead attorney Garrie and co-counsel Matthew Tyson said:

“In this political climate, honesty is a rare commodity, and concerns over new and experimental vaccines and drug therapies and the safety and effectiveness of alternative outpatient treatments should be the subject of full and transparent public debate.

“Drs. Malone, Tyson and McCullough are highly qualified and credentialed physicians and scientists who posted truthful information on Twitter that contradicted the mainstream narrative regarding COVID-19 policy, diagnosis, and treatment.

“They shared fact-based information which furthered an important public interest as people around the world try to decide how to treat themselves and their loved ones for COVID-19. Twitter silenced them.

“Our clients seek to hold Twitter liable not as a Section 230 publisher, but as a counterparty to a contract, as a promisor who has breached the very terms it put in place to moderate tweets. We will hold Twitter accountable in court and prove the truth of our clients’ statements for the world to see.”

Twitter refused to verify physicians’ accounts

In addition to being suspended from Twitter, the company refused to verify the plaintiffs’ accounts even though the accounts met Twitter’s criteria for verification.

To be verified, an account must be “notable and active.”

Twitter defines a notable account to include “activists, organizers, and other influential individuals,” including “prominently recognized individuals.”

According to the complaint, Malone is an “internationally recognized scientist and physician” who completed a fellowship at Harvard Medical School as a global clinical research scholar and was scientifically trained at the University of California and Salk Institute Molecular Biology and Virology laboratories.

Malone is the “original inventor of mRNA vaccination technology, DNA vaccination and multiple non-viral DNA and RNA/mRNA platform delivery technologies,” and has “roughly 100 scientific publications, which have been cited more than 12,000 times.”

He holds an “outstanding” impact factor rating on Google Scholar and sits as a non-voting member on the National Institutes of Health [Accelerating COVID-19 Therapeutic Interventions and Vaccines] committee, which is tasked with managing clinical research for a variety of drug and antibody treatments for COVID-19.

The complaint states Malone used his Twitter account to post truthful statements regarding COVID-19 policy, diagnosis and/or treatment. He received no strikes for his content and he did not violate Twitter’s rules, yet his account was permanently suspended.

McCullough, according to the complaint, is a highly accomplished physician who is the founder and current president of the Cardiorenal Society of America.

He has been “published more than 1,000 times, made presentations on the advancement of medicine across the world and has been an invited lecturer at the New York Academy of Sciences, the National Institutes of Health, U.S. Food and Drug Administration and the European Medicines Agency.”

McCullough has also served on the editorial boards of multiple specialty journals and was a member or chair of data safety monitoring boards of 24 randomized clinical trials.

He was a “leader in the medical response to COVID-19, has more than 30 peer-reviewed publications on the infection, and has commented and testified extensively on COVID19 treatment, including before the U.S. Senate Committee on Homeland Security and Governmental Affairs,” the lawsuit states.

McCullough’s account was suspended, but Twitter allowed him to create a new account that is followed by more than 480,000 people. Yet, he is still unable to receive a “verified” badge.

In a June 28 tweet, McCullough said “trouble is on the horizon for the “common carrier” whose only role is to provide a platform for communications operations,” referring to the lawsuit.

Tyson is a licensed physician with15 years of hospital and emergency medicine experience. He practices with Dr. George Fareed, who also was suspended from Twitter for posting what he claimed was truthful COVID-19 information.

Tyson and Fareed have “gained international recognition for providing successful early treatment to more than 10,000 COVID-19 patients, with zero patient deaths when treatment was started within 7 days,” the complaint states.

Tyson testified in various proceedings about early treatment protocols and co-authored a book about COVID-19.

He also ran as a candidate for the U.S. House of Representatives for California’s 25th Congressional District, yet was not deemed a “notable figure of public interest” regarding COVID-19 policy, diagnosis and/or treatment, which prohibited him from obtaining a “verified” badge on Twitter.

Tyson says he posted only truthful statements about COVID-19 policy, diagnosis and/or treatment with his account, and none of his tweets were classified as a “strike” or violated Twitter’s terms of service.

Like Malone’s, Tyson’s and Fareed’s accounts were permanently suspended.

“In a nutshell, these are five [physicians] of the most knowledgeable and helpful voices in the world regarding COVID-19 treatment,” Matthew Tyson wrote in his letter. “Disturbingly, Twitter silenced all of them.”

Fakebook blocks links to website detailing how users can get class action settlement payout from Facebook

From [HERE] Facebook is blocking links to the official class action claims page for a lawsuit settlement for users affected by privacy concerns. The page helps users receive their payout from Facebook and Facebook is marketing the page as “spam” or “abusive,” which prevents people from learning about how to claim.

“If you are a person who, between April 22, 2010, and September 26, 2011, inclusive, were a Facebook User in the United States who visited non-Facebook websites that displayed the Facebook Like button, you may be eligible for a payment from a Class Action Settlement,” the website reads.

Reclaim The Net was alerted to the censorship by a reader and was able to confirm with David Strait, a partner at the DiCello Levitt Gutzler law firm, a party litigating the case, that fbinternettrackingsettlement.com is the official page for users to see if they’re eligible for a claim.

When users on Facebook Messenger try to share the link with someone, they’re greeted with a message saying, “(#368) The action attempted has been deemed abusive or is otherwise disallowed,” hindering the sharing of the claim information.

The more people that come forward to claim, the more support similar privacy cases will get. Facebook blocking these links on its platform is hindering the efforts to get people to come forward to claim.

“I know, it’s a drop in the ocean, but it’s an important first step that we hope gets replicated in other cases,” Strait told Reclaim The Net. “If huge numbers of people submit claims, each claimant’s check will be small – but it’s still important to file the claim and send a message to Big Tech that our privacy matters.”

Facebook agreed to pay $90 million to settle the 10-year privacy lawsuit accusing it of tracking users’ internet activity even when they were logged out of the social media website.

Users accused Facebook of violating federal and state privacy and wiretapping laws by using plug-ins to store cookies that tracked people when they visited websites containing Facebook “like” buttons.

Facebook allegedly then stored browsing histories to build user profiles to help advertisers.

Those who feel they might be affected can apply to receive compensation here: fbinternettrackingsettlement.com

fmr Governor Rick Snyder pleads the 5th in Flint Water Civil trial to Avoid Incriminating Himself in His Pending Criminal Case (contrary to media disinformation, no Charges Against Him Were Dropped)

From [HERE] Former Gov. Rick Snyder on Thursday again declined to testify in a federal civil lawsuit trial in which four plaintiffs who were younger than 6 during the Flint water crisis are suing engineering firms who contracted with the city at that time. 

Snyder appeared before U.S. District Judge Judith Levy on Thursday in an Ann Arbor courthouse. He invoked his 5th Amendment constitutional right not to answer questions at risk of incriminating oneself. He could incriminate himself in his ongoing criminal case (charged with misdemeanors) or future prosecution.

"Based on advice of counsel I would exercise my Fifth Amendment rights," Snyder said from the witness stand. He left the courtroom with his attorneys after Levy dismissed him. 

The trial is to determine if engineering contractors Veolia North America and Lockwood, Andrews & Newman, known as LAN, bear responsibility for lead-contaminated water in Flint. The engineering firms have made it clear in the opening arguments of the trial they plan to pin the blame on state and Flint government officials motivated by "arrogance," "callousness" and "bureaucratic contempt" toward Flint. 

Snyder, former top aide Rick Baird and three other defendants all gave depositions in mid-2020 in which they didn't invoke their Fifth Amendment right against self-incrimination and before unsealed indictments against them were revealed in January 2021. Levy compelled their appearance in court at the trial.

A portion of the video of Snyder's 2020 deposition was shown Thursday to jurors. In it, Snyder said the engineering firms did not raise to his office their concerns about the lack of corrosion controls or other treatment methods for Flint River water. River warning is more acidic than lake water and needs to be treated with chemicals so it won't leach lead from pipes, according to experts. [MORE]

Charges Against Gov Rick Snyder for Flint Water Poisoning Were Not Dropped. Felony Charges Against 3 Officials Were Remanded to Hold Preliminary Hearings b/c of Unusual Process Used by AG to Prosecute

THE WATER’S CHLORIDE LEVELS WERE SO DANGEROUSLY HIGH THAT GENERAL MOTORS CUT OFF THE FLINT RIVER WATER SUPPLY TO ITS ENGINE PLANT BECAUSE IT WOULD CORRODE THE MACHINERY. [MORE]

From [HERE] The Michigan Supreme Court Tuesday ruled that defendants charged in connection with the Flint water crisis are entitled to preliminary examinations. Three state employees, Nancy Peeler, Richard L. Baird and Nicolas Lyon, were charged for their roles in the Flint water crisis under Michigan’s obscure and rarely used “one-man grand jury statute.” The law allows a single judge to consider evidence in private chambers and issue an indictment authorizing criminal charges.

The court stated,

Nancy Peeler, Richard L. Baird, and Nicolas Lyon were state employees investigated and charged for their roles in the Flint water crisis. But for some reason, they were not charged the way that almost everyone in Michigan is charged—with a criminal complaint issued by a prosecutor and followed by a preliminary examination in open court at which the accused can hear and challenge the prosecution’s evidence. Instead, the prosecution chose to proceed with these cases using what have become known as the “oneman grand jury” statutes, MCL 767.3 and MCL 767.4. A Genesee County judge served as the one-man “grand” jury and considered the evidence not in a public courtroom but in secret, a Star Chamber comeback. The one-man grand jury then issued charges. To this day, the defendants do not know what evidence the prosecution presented to convince the grand jury (i.e., juror) to charge them.

We consider two questions about the one-man grand-jury statutes. First, if charged by a one-man grand jury, is a defendant entitled to a preliminary examination? Second, can a judge issue an indictment authorizing criminal charges against a defendant?

In Peeler and Baird, we hold that the answer to the first question is yes. In Lyon, we hold that the answer to the second question is no. We therefore reverse the June 16, 2021 order of the Genesee Circuit Court denying Peeler’s and Baird’s motions to remand for a preliminary examination and reverse the Genesee Circuit Court’s February 16, 2022 order denying Lyon’s motion to dismiss. We remand all three cases to the Genesee Circuit Court for further proceedings consistent with this opinion.

The one-man grand jury charged the defendants with misconduct in office, perjury, willful neglect of duty, obstruction of justice and more than nine counts of manslaughter. The defendants argued that Michigan law requires a prosecutor, not a judge, to issue indictments in a public courtroom so that a defendant is aware of what he’s being charged with and has an opportunity to present evidence to defend himself. The State argued that a preliminary examination would be redundant because the judge must already decide if there is probable cause.

The justices said the one-judge grand jury could investigate but not indict. Ultimately, the Michigan Supreme Court found that if a court uses a one-man grand jury, the defendant is entitled to a preliminary examination, and that a judge may not issue an indictment authorizing criminal charges. The cases were remanded to the state district court ostensibly to order preliminary hearings.

CONFUSING BLACK PEOPLE IS A MAJOR TOOL OF RACISTS IN THE SYSTEM OF WHITE SUPREMACY.

THROWN OUT? WHAT THE FUCK IS THE MEDIA TALKING ABOUT? Charges against Snyder were not dropped. 3 Other officials cases charged with felonies were remanded to conduct preliminary hearings (probable cause hearings). This was done by the court because the liberal AG chose to prosecute under an obscure and rarely used law.

Read the opinion yourself.

Contrary to dependent media reports the cases were not dismissed and Governor Rick Snyder’s criminal case was not dismissed. Snyder was charged with two misdemeanors of willful neglect.

But on Tuesday, the Michigan Supreme Court ruled unanimously that the one-judge grand jury that Attorney General Dana Nessel’s office appointed to investigate and indict state officials, including Snyder, for alleged Flint water crimes, acted outside of state authority.

Snyder and his attorney say the Supreme Court ruling should mean charges against him are dropped. Lawyers for other Flint defendants are pursuing the same remedy. [MORE]

However, on Friday, state prosecutors filed motions to restart Flint water crisis. Solicitor General Fadwa Hammoud said the legal process is moving forward.

"The Supreme Court did not question the merit of our cases, nor evaluate the evidence in these proceedings,” said Hammoud. “The opinion issued by the Court outlined new rules regarding the process related to Michigan’s one-man grand jury statute and these motions comply with those rules.”

The motions filed Friday:

The first motions apply to the defendants facing felony charges, asking for the cases to be remanded to the District Court for preliminary exams, in accordance with the Supreme Court’s opinion.

The second motions apply to the defendants charged only with misdemeanors. These motions inform the Court the cases will proceed as though upon formal complaint, as allowed under the criminal statute MCL 767.4.

“As prosecutors, it is our duty to pursue all available means to secure justice for the people we serve, and I am committed to seeing this prosecution through to its conclusion," said Kym Worthy, Wayne County Prosecutor and co-leader of the Flint water prosecution team.

The indictments were originally handed down in January, 2021.

It was the second time officials were charged with criminal counts related to the Flint water crisis. Attorney General Dana Nessel’s office dropped the original charges, citing problems with the previous investigation. The charges are considered groundbreaking: No governor or former governor in Michigan’s 184-year history had been charged with crimes related to their time in that office, according to the state archivist. Additionally, elected government authorities are rarely held accountable for harm to the public.

The alleged offense date is April 25, 2014, when a Snyder-appointed emergency manager who was running the struggling, majority Black city carried out a money-saving decision to use the Flint River for water while a regional pipeline from Lake Huron was under construction.

The corrosive water, however, was not treated properly and released lead from old plumbing into homes in one of the worst man-made environmental disasters in U.S. history.

Despite desperate pleas from residents holding jugs of discolored, skunky water, the Snyder administration took no significant action until a doctor reported elevated lead levels in children about 18 months later.

“I’m sorry and I will fix it,” Snyder promised during his 2016 State of the State speech.

Authorities counted at least 90 cases of Legionnaires’ disease in Genesee County, including 12 deaths. Some experts found there was not enough chlorine in the water-treatment system to control legionella bacteria, which can trigger a severe form of pneumonia when spread through misting and cooling systems.

The disaster made Flint a national symbol of government dereliction, with residents forced to line up for bottled water and parents fearing their children had suffered permanent harm. Lead can damage the brain and nervous system and cause learning and behavior problems. The crisis was highlighted as an example of environmental injustice and racism. [MORE]

In Liberal Akron, Cops Shot at a Black DoorDash Driver 100 Times after Chasing Him to Enforce a Traffic Violation. Police Claim He Fired a Gun but Have No Evidence Gun was Discharged

DON’T BLAME GUNS, COPS DID IT. Police have killed 286 people in the US this year, according to Mapping Police Violence, a project tracking the number of fatal encounters with police. Black people are far more likely to be fatally shot by police than white people, and data from the project found that in 2022 so far, only four days have gone by without someone being killed by police.

From [HERE] Days after a Black man was killed by police officers who reportedly fired almost 100 rounds during a chase that started as a traffic stop, officials in Akron, Ohio, announced that the Fourth of July celebration was canceled in response to a fatal shooting that has rocked the city this week.

Police tried to pull over Jayland Walker, a 25-year-old DoorDash driver, for a traffic infraction early Monday, authorities said. The Akron Police Department said that during the pursuit, Walker fired a gun from outside the vehicle — an unsubstantiated claim that Walker’s family has refuted. As he kept driving away from police, Walker slowed down and exited his vehicle and was chased by officers on foot, according to authorities. He had no criminal record, Bobby DiCello, one of the family’s attorneys, told The Washington Post.

“Actions by the suspect caused the officers to perceive he posed a deadly threat to them,” police said in a news release. “In response to this threat, officers discharged their firearms, striking the suspect.”

Walker was pronounced dead at the parking lot where he was shot.

Autopsy records show that eight officers fired more than 90 rounds at Walker, with more than 60 striking his body, DiCello told The Post. The account was corroborated by WKYC, the first to report on the number of gunshots fired.

“There are wounds on all sides and parts of his body,” DiCello said.

Eight officers involved in the shooting have been placed on paid administrative leave pending the conclusion of the investigation from the Ohio Bureau of Criminal Investigation, according to Akron police. Details surrounding the number of shots fired by police have not been released by authorities. The officers have not yet been publicly identified.

A weapon was recovered from inside Walker’s car, according to police. DiCello said there is no evidence showing that the firearm was in the car or that the firearm was discharged at an officer.

Akron police announced Friday that body-camera footage of the shooting would be released on Sunday afternoon.

The killing has sparked protests and calls for accountability from Walker’s family and residents angry over the third fatal police shooting in the northeast Ohio city since late December.

The blowback led Akron Mayor Dan Horrigan (D), who called the killing “a dark day for our city,” to announce that the city’s Fourth of July celebration was canceled. The Rib, White, & Blue Festival was scheduled to begin Friday in downtown Akron and conclude Monday on Independence Day. The part of downtown where the festival would have taken place will have no activities or entertainment over the holiday weekend, according to the city.

US Supreme Court expands judicial sentencing discretion in crack cocaine cases

From [HERE] The US Supreme Court ruled Monday in Concepcion v. United States that judges should have sentencing discretion under the 2018 First Step Act and 2010 Fair Sentencing act in crack-cocaine cases. The 2010 Fair Sentencing Act brought crack-cocaine sentencing more in-line with cocaine sentencing. Prior to the act, crack-cocaine sentences were far harsher than cocaine sentences, despite the similar chemical makeup of the drugs. The 2o18 First Step Act made these sentencing changes retroactive, allowing incarcerated individuals to apply for re-sentencing. 

In Concepcion, Carlos Concepcion applied for a sentence reduction but was denied. The Justice Department argued that Concepcion’s original sentence of 228 months was within the statute’s range of 188 to 235 months, meaning that district court judges are not able to adjust Concepcion’s sentence. Concepcion was sentenced as a “career offender.” However, Concepcion argued that because his other convictions have been vacated and his other convictions are not currently considered violent crimes, he should not be labeled a “career offender” and should receive a sentence reduction. He requested a new sentence of 57 to 71 months, citing extensive rehabilitation efforts. 

A district court ruled that it was not able to consider these factors and dismissed Concepcion’s case. 

The Supreme Court found that the lower court has the discretion to change Concepcion’s sentence, should they choose to do so. Justice Sonia Sotomayor, writing for the majority, stated:

The text of the First Step Act does not so much as hint that district courts are prohibited from considering evidence of rehabilitation, disciplinary infractions, or unrelated Guidelines changes. The only two limitations on district courts’ discretion appear in §404(c): A district court may not consider a First Step Act motion if the movant’s sentence was already reduced under the Fair Sentencing Act or if the court considered and rejected a motion under the First Step Act. Neither of those limitations applies here.

Justice Brett Kavanaugh disagreed, stating in his dissent that:

The text of the First Step Act authorizes district courts to reduce sentences based only on changes to the crack-cocaine sentencing ranges, not based on other unrelated changes that have occurred since the original sentencing. In other words, the First Step Act directs district courts to answer one fundamental question: What would the offender’s sentence have been if the lower crack-cocaine sentencing ranges had been in effect back at the time of the original sentencing?

In its Amicus Brief, the American Civil Libertie Union (ACLU) urged the court to grant deference to judges, saying, “[o]n the government’s account, Congress sub silentio permitted district courts to ignore extant law and facts in re-sentencing defendants pursuant to a statute specifically designed to provide relief from an unduly punitive and discriminatory sentencing regime. That reading of the First Step Act is implausible.”

Kimberly Robinson, a Supreme Court Reporter for Bloomberg Law, pointed out the unique voting lineup given the polarized nature of the court, noting that conservative Justices Thomas and Gorsuch joined with the court’s liberals in the majority opinion.

The Vax Rollout is Directly Related to Disability: Data Shows a Correlation btw COVID Shots and Sharply Increasing Rates of Disability in US. 14,181 Report Permanent Disability after Getting Injected

STORY AT-A-GLANCE

  • The U.S. population, aged 16 years and over, with a disability remained stable from 2016 to 2020, but jumped sharply in early 2021, coinciding with the rollout of COVID-19 injections

  • In early 2021, a Twitter user named Ben, who runs a U.S. all-cause mortality site, posted a graph showing the eerily similar rise in disability and cumulative COVID-19 shots, with the number of disabled Americans rising from 30 million to 32.7 million

  • Within about an hour of posting, the tweet was flagged as “disinformation,” Ben was locked out of his account and comments and sharing of the post were disabled

  • As of May 27, 2022, 14,181 people reported being permanently disabled after receiving COVID-19 shots

  • In April 2021, U.S. Army lieutenant colonel Harry Chang predicted that U.S. officials were likely to pause the COVID-19 mRNA injection campaign in light of increasing cases of myocarditis following the shots

  • No pause for mRNA COVID-19 shots occurred, but as of June 8, 2022, more than 5,000 cases of myocarditis following the injections have been reported

The Federal Reserve Bank of St. Louis runs FRED, a database of economic data that have been tracked since 1991.1 One of its categories is the U.S. population, aged 16 years and over, with a disability — a population that remained stable from 2016 to 2020, but jumped sharply in early 2021,2 coinciding with the rollout of COVID-19 injections.

In early 2021, a Twitter user named Ben, who runs a U.S. all-cause mortality site, posted a graph showing the eerily similar rise in disability and cumulative COVID-19 shots, with disabilities among Americans aged 16 years and older rising from 30 million to 32.7 million.3

“Is this proof, that the COVID-19 vaccines might have caused 2.9M additional disabilities in the US?” he wrote. “Sharp increase from trend occurs early 2021, when vaccinations started.”

Within about an hour of posting, the tweet was flagged as “disinformation,” Ben was locked out of his account and comments and sharing of the post were disabled. “Hard to see the problem with the data,” wrote Substack user el gato malo. “Clearly, their issue is with the conclusion.”4

14,181 Permanently Disabled After COVID Shots

The Substack article highlights two points on the disability population graph — when 1% of the population had received COVID-19 shots and when 1% had received boosters. “I chose this convention,” the writer said, “because each has a sort of long tail at a very low level leading in but rose rapidly after reaching 1% so it seemed like the best inflection point for maximum relevance. As can be seen, the timing is highly suggestive.”5

Spikes in disability can be seen after each of the highlighted points, which make sense when you look at the Vaccine Adverse Event Reporting System (VAERS) data for COVID-19 shots. As of May 27, 2022, 14,181 people reported being permanently disabled after receiving the shots. According to el gato malo:6

“Seeing this ... without a rise in disability reports would be surprising. we see 14k permanently disabled in VAERS. and we see a rise in the disabled rolls of 1.8 million.

that’s pretty close to the 1-2% capture rate (more like 1%, but also likely capturing other categories as well, so hard to be precise) for reporting we’ve seen around other VAERS issues (besides death which seems to get better counted) so it feels like we’re in a ballpark here.”

Past investigations have shown only between 1%7 and 10%8 of adverse reactions are ever reported to VAERS, which is a passive, voluntary reporting system, so the actual number of resulting disabilities could be much higher than what’s reflected.

Remarkable Correlation Between COVID-19 Shots and Disability

Using data from FRED and Our World in Data (OWID), el gato malo took it a step further, charting the percentage of population that received a COVID-19 shot in a month, to get an idea of the number of people at risk of vaccine adverse events at any given time. El gato malo did the same for boosters, then plotted it against disability. The resulting graph is below:9

The data are “starting to get past ‘suggestive’ here,” el gato malo notes, explaining exactly what the numbers show:10

“the vaccination series started to get steep in feb 21. disability got steep in april 21.

vaccination peaked in may. disability peaked in june.

vaccination started to rise again after august.

disability began to rise again after october.

then vaxx dropped off after jan 2022 and disability flattened out in mar 2022.

2 month lag, 1 month lag, 2 month lag, 2 month lag. 4 separate inflections all tracked in near identical and highly plausible timeframes for vaccine injury. we’re starting to get past “suggestive” here. this zigs, zags, then zigs again, then zags again all as predicted if it were causal and all with the sort of lag you’d associate with reporting, 1-2 months. (all 2 mo save may-jun 21).

The disability series can be a little noisy month to month, but the big trends are all there. based on what we know about side effects this looks to be an odds on hypothesis at this point. i can see no better fit to the data.”

Military Official Predicted Pause in mRNA COVID Shots

The Epoch Times received 19 pages of email messages via a Freedom of Information Act request.11 Among them was an April 27, 2021, email from U.S. Army Lt. Col. Harry Chang to Tricia Blocher with the California Department of Public Health and other officials from California and the military.

In it, Chang predicted that the U.S. FDA and the CDC’s Advisory Committee on Immunization Practices (ACIP) were likely to pause the COVID-19 mRNA injection campaign in light of increasing cases of myocarditis following the shots:12

“A pause of the Pfizer/Moderna administration (much like the J&J blood clot pause) will have an adverse impact on US/CA vaccination rates; assessed as unlikely due to causes of myocarditis can come from multiple sources (eg. COVID, other conditions, other vaccines/prescriptions, etc) … However, increased reported #s & media attention is likely to trigger a safety review pause by ACIP/FDA.”

Increased cases of myocarditis, or inflammation of the heart muscle, and pericarditis began to be reported in April 2021 after Pfizer’s and Moderna’s mRNA COVID-19 shots.13 “These rare cases of myocarditis or pericarditis have occurred most frequently in adolescent and young adult males, ages 16 years and older, within seven days after receiving the second dose of an mRNA COVID-19 vaccine,” according to the CDC.14

Chang’s email, in particular, was in response to April 2021 news that the Department of Defense was tracking 14 cases of heart inflammation in military patients following receipt a COVID-19 shot.15 Israel was also exploring cases of myocarditis following mRNA shots at that time.

Dr. Tom Shimabukuro, part of the CDC’s COVID-19 Vaccine Task Force, was among those who received Chang’s warning, and he responded by asking colleagues for more data from Vaccine Safety Datalink, a CDC system that tracks vaccine safety.

Dozens (24) of cases of myocarditis were flagged by the system but, according to The Epoch Times, “The email chain ended there, with no indication that the officials probed further to see if there was a possible link between the vaccines and heart inflammation.”16

An Early Red Flag Ignored

The same day that Chang sent the email suggesting that a safety review pause of mRNA COVID-19 shots was likely, CDC director Dr. Rochelle Walensky told the media that the agency had reviewed data but did not believe myocarditis was occurring at an elevated rate: “We have not seen a signal, and we’ve actually looked intentionally for the signal in the over 200 million doses we’ve given,” she said.17

Weeks went by before the public was alerted to the higher-than-expected rates of myocarditis following mRNA COVID-19 shots, even though hundreds of cases had been reported to VAERS by the end of April 2021. As of June 8, 2022, more than 5,000 cases have been reported.

“The current evidence supports a causal association between mRNA COVID-19 vaccination and myocarditis and pericarditis,” Shimabukuro stated at a June 7, 2022, FDA meeting.18

In an email to The Epoch Times, Barbara Loe Fisher, cofounder and president of the National Vaccine Information Center, explained that health officials had knowledge of an early safety issue with the shots but ignored it in order to protect the shots’ reputation to the public:19

“The emails ‘reveal there was an early red flag with post-mRNA COVID vaccine-related myocarditis reports in the U.S. and Israel’ but that officials were concerned that acknowledging the risk ‘would have a negative effect on public perception of COVID vaccine safety and uptake.’”

Healthy Young People Dying After COVID Shots

The CDC has downplayed the seriousness of myocarditis following the shots, stating that preliminary data from surveys conducted at least 90 days after myocarditis diagnosis suggest “most patients were fully recovered from their myocarditis.”20

However, deaths among previously healthy young people have occurred, including a 36-year-old U.K. mother of two who died 11 days after receiving a Pfizer COVID-19 shot; her death was deemed to be caused by myocarditis due to the shot.21

There’s also Dr. Neil Singh Dhalla, a CEO of a major health clinic, who fell asleep four days after he got a COVID-19 booster shot — and died from a heart attack.22 The autopsy stated myocarditis. He was only 48 years old and had never had heart problems in his life. In another example, epidemiologists confirmed that two teenage boys from different U.S. states died of myocarditis days after getting the Pfizer shot.23

Both had received second doses of the shot. In a study that examined the autopsy findings, it’s reported that the “myocarditis” described in the boys’ deaths is “not typical myocarditis pathology.”24

A study published in Scientific Reports further revealed that calls to Israel’s National Emergency Medical Services (EMS) for cardiac arrest and acute coronary syndrome increased more than 25% among 16- to 39-year-olds from January to May 2021, compared to the same time period in 2019 and 2020.25

The researchers evaluated the association between the volume of the calls and other factors, including COVID-19 shots and COVID-19 infection, but a link was only found for the volume.26

Yet, it’s unlikely that you’ve heard about these additional red flags in the major media. Just as occurred on Twitter when someone tried to bring attention to a correlation between COVID-19 shots and disability, unfavorable statistics about these shots are quickly silenced and discredited. What we need now more than anything isn’t more censorship — it’s active investigation and research to uncover the truth, before more harm is done, that is desperately needed.

Regarding whether COVID-19 shot rollouts correlate with the number of disabled Americans, el gato malo had this to say:27

“i want to stress, this is still a hypothesis and this is my first run through with this data so i want to let people chew on it and see what else emerges before making claims that are too strong. but this is also REALLY provocative and unless i have really missed something, warrants research and explication, not censorship.”

1

Federal Reserve Bank of St. Louis, FRED

2

Federal Reserve Bank of St. Louis, FRED, Population With a Disability, 16 Years and over

3

Twitter, Ben, @US Mortality

4

Substack, Bad Cattitude June 9, 2021

5

Substack, Bad Cattitude June 9, 2021

6

Substack, Bad Cattitude June 9, 2021

7

The Vaccine Reaction January 9, 2020

8

BMJ 2005;330:433

9

Substack, Bad Cattitude June 9, 2021

10

Substack, Bad Cattitude June 9, 2021

11

Archive Today, The Epoch Times June 10, 2022

12

Archive Today, The Epoch Times June 10, 2022

13

U.S. CDC, Clinical Considerations, Myocarditis

14

U.S. CDC, Clinical Considerations, Myocarditis

15

Archive Today, Military.com April 26, 2021

16

Archive Today, The Epoch Times June 10, 2022

17

Archive Today, The Epoch Times June 10, 2022

18

Archive Today, The Epoch Times June 10, 2022

19

Archive Today, The Epoch Times June 10, 2022

20

U.S. CDC, Clinical Considerations, Myocarditis

21

Independent May 6, 2022

22

BitChute December 28, 2021

23

Odysee February 17, 2022

24

Archives of Pathology & Laboratory Medicine February 2022

25

Scientific Reports volume 12, Article number: 6978 (2022)

26

Scientific Reports volume 12, Article number: 6978 (2022)

27

Substack, Bad Cattitude June 9, 2021

World Council for Health Calls for an Immediate Stop to All COVID Shots. 'Experimental Vax is Unsafe Due to a High No. of Injuries/Deaths Reported. Promotion of Vax Violates Basic Principles of Law'

Globally renowned experts, including Dr. Paul Alexander, Dr. Byram Bridle, Dr. Geert Vanden Bossche, Prof. Dolores Cahill, and Drs. Sucharit Bhakdi, Ryan Cole, Richard Fleming, Robert W. Malone, Peter McCullough, Mark Trozzi, Michael Yeadon, Wolfgang Wodarg, and Vladimir Zelenko, among many others, consistently warn the world about the adverse effects resulting from Covid-19 experimental injections; they also warn about their longterm effects, which cannot be known at this time since most clinical trials will be not completed until 2023, and some as late as 2025.

In June 2021, Dr. Tess Lawrie, co-founder of the World Council for Health and member of the Council’s Steering Committee, courageously described the global crisis and called for urgent action: “There is now more than enough evidence on the [UK] Yellow Card system to declare the COVID-19 vaccines unsafe for use in humans. Preparation should be made to scale up humanitarian efforts to assist those harmed by the COVID-19 vaccines and to anticipate and ameliorate medium to longer term effects.”

From [HERE] A new report prepared by the World Council for Health (WCH) has confirmed that data on adverse drug reactions from the experimental Covid-19 vaccines exist in an amount sufficient for the recall of similar products in the past.

The organization called “for an Immediate Stop to the Covid-19 Experimental “Vaccines”” [MORE]

The report was prepared to determine whether sufficient pharmacovigilance data exist on official and public databases (WHO VigiAccess, CDC VAERS, EudraVigilance, and UK Yellow Card Scheme) to establish a safety signal on the novel Covid-19 injections.

On all databases, it was found that adverse drug reaction (ADR) reports linked to Covid-19 injections are more numerous than other similar products by a factor of between 10 and 169 (see graph below). Many of the ADR reports are serious in nature and there exists sufficient evidence of associated harm on these databases to indicate a product recall.

Total Adverse Events per Pharamacovigilance Database

In total, more than 40,000 deaths are linked to the novel Covid-19 vaccines in the official databases analysed.

In addition, the WCH pharmacovigilance report found that several thousand adverse drug reactions on official databases are related to the use of the experimental Covid-19 vaccines among young boys and girls for whom the vaccine had not been approved at the time.

The purpose of pharmacovigilance databases is to provide a signal of safety, and not to prove causality. To ensure that harms are detected in time, suspicion that an event is linked to the administration of the medicine is enough to register an event. “There is no need to prove that the medicine caused the adverse reaction, just the suspicion is good enough,” Dr. June Raine, head of the UK’s Medicines and Healthcare products Regulatory Agency, said in 2006. When sufficient pharmacovigilance data show a signal of harm, administration of the product should be ceased, the product recalled, and the safety signal investigated.

It should also be noted that such systems of passive surveillance result in significantly fewer ADR reports than active surveillance reporting. As a result, the actual number of adverse events that occurred in temporal relation to Covid-19 injections is likely to be much higher than revealed by the available official data.

In December 2021, World Council for Health called on regulators and governments around the world to immediately cease use of all experimental Covid-19 injections. 

Dr. Tess Lawrie, co-founder of the World Council for Health, calls for people to come together to raise awareness of vaccine injury so that those harmed can get the help they deserve. “It is concerning that a grassroots organisation has had to do this work and point out that none of these experimental vaccines are safe according to publicly available official data. Why have the regulators not done their job and protected us?“