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    Sept. 11 Plea Deal Includes Lifetime Gag Order on C.I.A. Torture Secrets

    The clause is included in a disputed plea agreement between a Pentagon official and the man accused of planning the attacks that killed 3,000 people.Khalid Shaikh Mohammed, the prisoner at the military prison in Guantánamo Bay, Cuba, who is accused of plotting the Sept. 11 attacks, has agreed to never disclose secret aspects of his torture by the C.I.A. if he is allowed to plead guilty rather than face a death-penalty trial.The clause was included in the latest portions of his deal to be unsealed at a federal appeals court in Washington. A three-judge panel is considering whether former Defense Secretary Lloyd J. Austin III lawfully withdrew from a plea agreement with Mr. Mohammed in the capital case against five men who are accused of conspiring in the attacks that killed nearly 3,000.The C.I.A. has never taken a public position on whether it supports the deal, and the agency declined to comment on Friday. But the latest disclosure makes clear that Mr. Mohammed would not be allowed to publicly identify people, places and other details from his time in the agency’s secret prisons overseas from 2003 to 2006.It has been publicly known for years that Mr. Mohammed was waterboarded 183 times by the C.I.A. It has also been revealed that waterboarding was done by a three-person interrogation team led by Bruce Jessen and James E. Mitchell, two former contract psychologists for the agency. Details of Mr. Mohammed’s violent treatment, including rectal abuse, have emerged in court filings and leaks.But the agency has protected the names of other people who worked in the “black site” prisons, notably medical staff, guards and other intelligence agency employees. That includes the people who questioned Mr. Mohammed hundreds of times as he was shuttled between prisons in Afghanistan, Poland and other locations, which the C.I.A. has not acknowledged as former black sites.Now, a recently unredacted paragraph in Mr. Mohammed’s 20-page settlement says he agreed not to disclose “any form, in any manner, or by any means” information about his “capture, detention, confinement of himself or others” while in U.S. custody.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Florida Man Sentenced to Death for Killing 5 in Sebring Bank Shooting

    The man, Zephen Xaver, 27, will have his case automatically appealed to the Florida Supreme Court.A Florida man who killed five women inside a bank in January 2019 by forcing them to lie down on the floor as he fatally shot each one was sentenced to death on Monday.The man, Zephen Xaver, 27, methodically carried out the killings in the lobby of a SunTrust Bank in Sebring, Fla. In text messages to an ex-girlfriend minutes before the killings he wrote that he “always wanted to kill people so I’m going to try it today and see how it goes,” according to court documents.Brian Haas, a Florida prosecutor, described Mr. Xaver’s actions as systematic. He said that Mr. Xaver had planned the slayings, from getting his driver’s license to obtain the firearm used in the shooting that day to entering the bank only after a male customer left it.Zephen XaverHighlands County Sheriff’s Office, via Associated PressIn an interview after the sentencing, Mr. Haas, who had sought the death penalty against Mr. Xaver, called the killings “horrific” and said that the State Attorney’s Office had “worked very hard to secure these sentences.“He did this because he wanted to find out what it felt like to kill someone, and he planned it,” said Mr. Haas, the state attorney for the 10th Judicial Circuit of Florida.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    How Biden Should Spend His Final Weeks in Office

    The days are dwindling to a precious few before President Biden relinquishes his tenancy at the White House to Donald Trump. Four years ago, in his inaugural address, Mr. Biden promised to “press forward with speed and urgency, for we have much to do in this winter of peril and possibility.” The peril remains, but so do the possibilities.Last week he announced that he was commuting the sentences of nearly 1,500 people and pardoning 39 others convicted of nonviolent crimes. Eleven days earlier, in a decision widely criticized, Mr. Biden pardoned his son Hunter, who was awaiting sentencing on gun possession and income tax charges.There is still much the president can do before he repairs to Delaware. He can spare federal death row prisoners from the fate some almost certainly will face when Mr. Trump returns. He can make the Equal Rights Amendment a reality after decades of efforts to enshrine it in the Constitution. He can safeguard magnificent landscapes that might otherwise be desecrated. He can protect undocumented immigrants facing deportation, alleviate crushing student debt facing millions of Americans and protect the reproductive rights of women. And more.New York Times Opinion contributors share what they hope President Biden will accomplish during his remaining time in office.Yes, time is running out for Mr. Biden’s presidency, but he can still repair, restore, heal and build, as he promised he would do on the January day four years ago when he took the oath of office. Here are a few suggestions:Commute the sentences of the 40 federal inmates on death rowBy Martin Luther King IIIBy commuting all federal death sentences to life, Mr. Biden would move America, meaningfully, in the direction of racial reconciliation and equal justice. In 2021 he became the first president to openly oppose capital punishment. Since his inauguration, the federal government has not carried out a single execution.If Mr. Biden does not exercise his constitutional authority to commute the sentences of everyone on federal death row, we will surely see another spate of deeply troubling executions as we did in the first Trump administration. A majority of those executed — 12 men and one woman — were people of color; at least one was convicted by an all-white jury and there was evidence of racial bias in a number of cases; several had presented evidence of intellectual disabilities or severe mental illnesses. The same problems were features in the cases of many of the 40 men on federal death row today, more than half of whom are people of color.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Pope Francis and advocates add to pleas for Biden to clear federal death row

    Pope Francis has called for commutations for people on death row in the US, as religious leaders, civil rights groups and current and former prosecutors urge Joe Biden to take executive action on capital punishment.In his Sunday prayer, Pope Francis, who has been a vocal death penalty opponent, said: “It comes to my heart to ask all of you to pray for the prisoners in the United States who are on death row. Let’s pray that their sentence would be commuted [or] changed.”On Monday, advocates fighting against capital punishment released letters from hundreds of leaders asking the president to clear federal death row before Donald Trump returns to office, with pleas from Black pastors, Catholic leaders, former prison officials, leading civil rights groups and mental health advocates.Biden has been facing intensifying pressure to grant clemency to people with death sentences after he recently announced that he was using his executive authority to pardon his own son.Advocates expect the incoming administration to be deadly if Biden doesn’t take action. In the final year of Trump’s first term, the US government executed 13 people in rapid succession, killing more people in the federal system than under the previous 10 presidents combined. The rushed process claimed the lives of people with intellectual disabilities, prevented defendants from presenting new evidence, and involved execution methods that lawyers said were torturous.Some of Trump’s first-term executions happened despite objections from prosecutors and victims, and took place after the US supreme court quickly overruled lower-court decisions halting the proceedings.The Catholic Mobilizing Network, which represents 30,000 advocates, including bishops and dioceses, urged Biden, who is Catholic, to commute every federal death row sentence, writing: “We know that the federal death row, just as in the states, is marred by significant arbitrariness, including racial bias and the imposition on vulnerable individuals such as those with intellectual disability, brain damage, and serious mental illness. There is also a risk that innocent people will be put to death.”Biden has previously opposed capital punishment and issued a moratorium on executions when he became president, but he has not yet indicated whether he will commute sentences.There are 40 men currently on federal death row, and 38% of them are Black, although Black people comprise 14% of the US population. Nearly one in four of the men were 21 or younger at the time of the crime. And 43% of them come from only three states – Missouri, Texas and Virginia.In another letter released on Monday, 38 current and former district attorneys, attorneys general and former US prosecutors and justice department officials laid out the flaws in capital punishment.“We know that we have not always executed the worst of the worst, but often instead put to death the unluckiest of the unlucky – the impoverished, the poorly represented, and the most broken,” they wrote. “Time and again, we have executed people with long histories of debilitating mental illness, childhoods marred by unspeakable physical and mental abuse, and intellectual disabilities that have prevented them from leading independent adult lives. We have also likely executed the innocent.” The group also pointed to studies demonstrating that the death penalty is not an effective deterrent to violence and does not reduce crime.A group of current prison officials, including some whom have overseen executions, pointed to the harms correctional staff face when carrying out capital punishment: “We have witnessed the depression, suicide, substance abuse, domestic turmoil, and other manifestations of trauma in our colleagues that study after study has documented among correctional staff who are impacted by executions, and on those close to them.”Families of murder victims also pleaded with Biden, writing that the death penalty “wastes many millions of dollars that could be better invested in programs that actually reduce crime and violence and that address the needs of families like ours”.Others now urging Biden to act include the American Civil Liberties Union, Amnesty International, the National Alliance on Mental Illness, a coalition of Latino advocacy organizations and the Innocence Project.Trump intensified his pro-death penalty rhetoric during his campaign, calling for executions of “everyone who gets caught selling drugs”. And Trump allies, through the rightwing manifesto Project 2025, have called for the expansion of capital punishment and for the US to do “everything possible to obtain finality” for the 40 people on federal death row.In an interview before the election, Billie Allen, who is on federal death row and has long maintained his innocence, recounted to the Guardian what it was like to witness rapid executions under Trump’s first term: “I came in at 19. These are people I grew up with. I’m seeing them be carried out, never to return again, never to see them smile or hear them laughing.”He said he wished wished people recognized death row defendants were capable of change: “The majority of people here become better men for themselves, their family and friends and supporters.” More

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    After Biden Pardons His Son Hunter, Prison Inmates Hope They’re Next

    President Biden has pardoned people convicted of some marijuana offenses, but advocates for prisoners say he has been slow to grant other requests.On Thanksgiving, Hunter Biden got the word from his father, President Biden, that he would be pardoned for tax and gun law violations, saving him from potentially spending a few years in federal prison.But Michael Montalvo, 78, a former cocaine ringleader who has spent nearly 40 years behind bars racking up course certifications, credits for good behavior and recommendations from his prison wardens, is still waiting to hear about his request for a pardon.So is Michelle West, who has spent more than 30 years in prison for her role in a drug conspiracy connected to a murder, while the gunman, who testified against her, has gone free. And Sara Gallegos, who is serving a 20-year sentence for being briefly involved in a drug ring after her husband was murdered when she was pregnant with her fourth child.“Everyone wants that chance,” said Lazara Serrano, who is waiting for her mother to win release from prison after more than 25 years, and who was stunned to hear that Hunter Biden’s criminal case was over. “For something just to be so sudden, and to happen right away, is crazy when there’s a line of people waiting.”Andrea James, who runs an organization that helps incarcerated women, said she did not begrudge Hunter Biden his pardon, but said she was hopeful that it would “move President Biden to consider other families who’ve endured what they have gone through for much longer periods of time.”Critics have complained that Mr. Biden has approved a smaller fraction of the requests for clemency that he has received than any other modern president. Of course, he still has time, and presidents have made a habit of waiting until the 11th hour to announce their clemency decisions.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Biden must Trump-proof US democracy, activists say: ‘There is a sense of urgency’

    The skies above the White House were cold and grey. Joe Biden greeted the championship winning Boston Celtics basketball team, quipping about his Irish ancestry and tossing a basketball into the crowd. But the US president could not resist drawing a wider lesson.“When we get knocked down, we get back up,” he said. “As my dad would say, ‘Just get up, Joe. Get up.’ Character to keep going and keep the faith, that’s the Celtic way of life. That’s sports. And that’s America.”Such events continue to be among the ceremonial duties of a “lame duck” president with waning influence. Biden has cut a diminished figure in recent months, first surrendering his chance to seek re-election, then finding himself sidelined by the doomed presidential campaign of his vice-president, Kamala Harris.But with his legacy imperiled by Donald Trump, the president is facing calls to mitigate the oncoming storm. Advocacy groups say Biden, who turned 82 this week, can still take actions during his final two months in office to accelerate spending on climate and healthcare, secure civil liberties, and Trump-proof at least some fundamentals of US democracy.Trump’s signature campaign promise was a draconian crackdown on illegal immigration. He has nominated officials including Tom Homan and Stephen Miller, architects of family separations at the southern border during his first term, and vowed to use the US military to carry out mass deportations of undocumented immigrants.The plans include mandatory detention, potentially trapping immigrants in inhumane conditions for years as they fight deportation. The American Civil Liberties Union (ACLU) is leading an opposition effort, urging Biden to halt the current expansion of Immigration and Customs Enforcement (Ice) detention facilities, especially those with records of human rights abuses.Eunice Cho, a senior staff attorney with the ACLU national prison project, said Ice detention facilities “characterised by abusive conditions, pervasive neglect and utter disregard for the dignity of people in their custody” are key to Trump’s logistical plan.Dozens of people have died in Ice detention facilities – mostly owned or operated by private prison corporations – over the past four years, according to the ACLU, and 95% were likely preventable if appropriate medical care had been provided. Yet the Biden administration has backed new Ice detention facilities in states where they did not existed before, such as Kansas, Wyoming and Missouri.“We are calling on the Biden administration to take action now, in the final days of the administration, to halt any efforts to expand immigration detention and to shut down specifically abusive facilities once and for all,” Cho told reporters on a Zoom call this week. “We don’t need to put down runway for the Trump administration to put in place these mass detention and deportation machines.”She warned: “We know that the anti-immigrant policies of a second administration are going to be far more aggressive than what we saw in the first term, and mass arrest and detention is going to become perhaps the norm to create and carry out these deportation operations unless we can do all we can to put a halt to them.”View image in fullscreenAnother crucial area for Biden to make a last stand is criminal justice. In his first term, Trump oversaw the execution of more people than the previous 10 presidents combined. Biden’s attorney general, Merrick Garland, then imposed a moratorium on federal executions in 2021.Trump has indicated his intention to resume such executions and even expand the death penalty. His nominee for attorney general, Pam Bondi, issued a public apology in 2013 while serving as Florida’s top law enforcement officer after she sought to delay the execution of a convicted killer because it conflicted with a fundraiser for her re-election campaign.Cassandra Stubbs, director of the ACLU’s capital punishment project, told reporters via Zoom that Trump said “he will work to expand the death penalty. He’s going to try to expand it to people who do not even commit killings. He’s called for expanding the death penalty to his political opponents.“But perhaps most dangerously in Project 2025 [a policy blueprint from the Heritage Foundation thinktank] – and we believe every word of it is this – he promised to try to kill everyone on death row, and the reason why we have to believe this and take it so seriously is the record that Donald Trump left where he, in a span of six months, carried out 13 executions.”The ACLU and other groups are therefore pressing Biden to commute the sentences of all individuals on federal death row to life in prison, fulfilling a campaign promise and preventing potential executions under Trump. Commuting “is really the thing that Biden can do to make it harder for Trump to restart executions”, Stubbs added.Pastor Brandi Slaughter, a board member of the pressure group Death Penalty Action, told reporters this week: “We know what the next president plans to do if any prisoners are left under a sentence of death under the Biden administration. We’ve been there, we’ve done that.”Biden has also received 8,000 petitions for clemency from federal prisoners serving non-death penalty sentences that he could either reduce or pardon. The former senator has long been criticised for his role in drawing up a 1994 crime law that led to the incarceration of thousands of Black men and women for drug offences.This week, members of Congress including Ayanna Pressley and James Clyburn led 64 colleagues in sending a letter to Biden urging him to use his clemency power “to reunite families, address longstanding injustices in our legal system and set our nation on the path toward ending mass incarceration”.They were joined at a press conference on Capitol Hill by Maria Garza, 50, from Illinois, a prison reform advocate who spent 12 years in a state prison. She said in an interview: “There is a sense of urgency because a lot of the people that are sitting waiting for clemency are people that have de facto life sentences that will die in prison if they don’t [receive clemency]. A lot of their unjust sentencing was because of the 1994 crime bill that he was the founding father of.”skip past newsletter promotionafter newsletter promotionMitzi Wall, whose 29-year-old son Jonathan is incarcerated on a seven-and-a-half-year federal cannabis charge, called on Biden to keep a campaign promise to grant clemency to more than 4,000 people in federal prison for nonviolent cannabis crimes.“We voted for President Biden,” she said. “He gave us hope and we’re asking him to do nothing more than keep his promise.”Wall, 63, from Maryland, added: “President Biden was partly responsible for writing the 1994 crime bill that thrust families into abject poverty and pain. I know he feels bad about that and he can right that wrong with the power of the pen. I’m appealing to him as a father whose son [Hunter] could very possibly be going to prison.”In other efforts to protect civil liberties, the ACLU is recommending a moratorium on all federal government purchases of Americans’ personal data without a warrant. It is also asking Congress to pass the Fourth Amendment Is Not for Sale Act to prevent potential abuse of surveillance technologies under the Trump administration.Meanwhile, Trump has pledged to rescind unspent funds in Biden’s landmark climate and healthcare law and stop clean-energy development projects. White House officials are working against the clock to dole out billions of dollars in grants for existing programmes to minimise Trump’s ability to rescind or redirect these funds. Earlier this month, the transportation secretary, Pete Buttigieg, announced more than $3.4bn in grants for infrastructure projects across the country.Wendy Schiller, a political science professor at Brown University in Providence, Rhode Island, notes that Trump will have the power of impoundment to stall the money flowing out of the government and can order rescissions to programmes funded by Congress.“The singular thing that Joe Biden can do is expedite the flow of federal dollars in all the programmes,” Schiller said.“Any money that is supposed to leave the treasury to go to schools, food safety, environmental protection – anything that is not yet distributed needs to get distributed. It’s like emptying literally the piggy bank before you go on a trip. President Biden needs to be literally getting as much money out the door in the hands of state, local and community organisations as he can.”Another priority for the White House is getting Senate confirmation of as many federal judges as possible, given the potential impact of the judiciary in challenging Trump administration policies. The Marshall Project, a non-profit news organisation, noted: “Federal judges restricted hundreds of Trump administration policies during his first term, and will likely play a significant role in determining the trajectory of his second.”Senate Republicans forced numerous procedural votes and late-night sessions this week in attempt to stall confirmations. Eventually a deal was struck that will bring Biden within striking distance of the 234 judicial confirmations that occurred in Trump’s first term – but four of Biden’s appellate court nominees will not be considered.The outgoing president could also engage with Democratic-led states and localities to bolster protections and establish “firewalls” against Trump’s agenda, particularly in areas such as immigration. These collaborations could involve reinforcing sanctuary city policies and providing resources to states that are likely to face pressure from the Trump administration.Chris Scott, former coalitions director for Harris, said: “What will be interesting is how or what can President Biden to work with states, especially where we have Democratic leadership in place, to be able to brace themselves and arm themselves with more protection. We already have places like a Michigan or Illinois where you have governors vowing to make sure that they have protections – even in the Trump presidency.”As Barack Obama discovered before handing Trump the keys to the Oval Office in 2017, however, lame duck presidents can only do so much. Trump will come into office with a flurry of executive orders, a supportive Congress and fewer guardrails than the first time around.Bill Galston, a former adviser in the Bill Clinton administration, said: “On January 20 Donald Trump will control all the instruments of government and, at that point, it’ll be up to the courts – and public opinion – to restrain him.” More

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    Biden urged to use clemency powers to tackle ‘crisis’ of US mass incarceration

    More than 60 members of Congress have written to Joe Biden calling on him to use his presidential clemency powers to reunite families, address unfair sentencing policies, and begin to tackle the scourge of mass incarceration, which they said was eroding “the soul of America”.Biden has 61 days left before he leaves the White House in which he could pardon or commute the sentences of incarcerated Americans. The letter, signed by a number of prominent Democratic politicians and spearheaded by the progressive politician Ayanna Pressley of Massachusetts and Jim Clyburn of South Carolina, urges Biden to act while he still can.“Now is the time to use your clemency authority to rectify unjust and unnecessary criminal laws passed by Congress and draconian sentences given by judges,” the letter demands.Biden’s clemency power is one of the most concrete tools at his disposal during the lame-duck period of his presidency. During his term in the White House he has already granted 25 pardons and 132 commutations, including for people imprisoned for simple possession of marijuana and several court-martialed from the military because of their sexual orientation.But he could make a far greater impact, should he choose to. There are currently more than 12,000 petitions for commutations and almost 4,000 requests for pardons on his desk.“So many people who are serving extensive sentences today are there because of crimes that are victimless. That is astonishing, and it should be dealt with,” Clyburn told a press conference outside the Capitol building on Wednesday.Clyburn’s participation in the appeal may carry weight with the president. The congressman is widely credited for having helped Biden secure the Democratic presidential nomination during the primary contests of 2020.In their letter, the congress members urge Biden to focus on categories of prisoner who they say especially deserve his help. That includes the 40 men who are currently on federal death row and who are facing the threat of imminent execution once Donald Trump returns to the White House.Other groups of incarcerated people highlighted by the group include women forced into crime or acts of self-defense by abusive domestic partners, and those serving long sentences because of the disparate sentencing rules around crack cocaine. In 1986 Ronald Reagan introduced harsher sentences for crack than the powder form of the drug, even though the only difference in their chemical composition is baking soda.Crack tended to be used more widely by Black people and powder cocaine by white people. The Biden administration addressed the disparity in 2022 by leveling the sentences, but the change did not help those already imprisoned.“The mass incarceration crisis is one of our country’s greatest failures,” said Pressley, whose father was incarcerated when she was a child as a result of his drug addiction. “President Biden was elected with a mandate for making compassionate change, and he has the power to do so right now.” More

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    Texas Judge Finds Death Row Inmate Melissa Lucio Innocent In Daughter’s Death

    In a court filing, the judge said the conviction of Melissa Lucio, whose scheduled execution in 2022 was halted, should be overturned. The state’s highest criminal court will now decide.A Texas district judge declared that a mother on death row is innocent in the 2007 death of her 2-year-old daughter, according to court documents filed in October but made public this week.The decision in the case now stands with the Texas Court of Criminal Appeals, the state’s highest criminal court, which in 2022 halted a scheduled execution of the mother, Melissa Lucio, to gather more evidence. That included asking the district judge in the original trial, Arturo Nelson, to file an opinion. An execution date has not been rescheduled.Ms. Lucio, 56, who lived in the border city of Harlingen, was sentenced to death in 2008 after her daughter, Mariah Alvarez, died as a result of what prosecutors said was the mother’s physical abuse. Ms. Lucio and her lawyers have long maintained her innocence, arguing that Mariah died from complications after accidentally falling down a flight of stairs. An autopsy said the cause of death was blunt force trauma to the head.Judge Nelson sided with Ms. Lucio in his recent findings, writing that she was “actually innocent; she did not kill her daughter.”He added that, even regardless of that conclusion, Ms. Lucio had a right to have her conviction overturned because the state had used false testimony in her trial and withheld evidence that was favorable to her case. The judge also cited new scientific evidence that was unavailable during her trial.It was unclear on Saturday when the Court of Criminal Appeals would issue its ruling. Vanessa Potkin, one of Ms. Lucio’s lawyers and a special litigation director for the Innocence Project, said it could take a couple of months. Once that court rules, the case could be returned to trial court, at which point a prosecutor would decide if the case should be retried or the charges dismissed.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More