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      José Rubén Zamora mostró la corrupción en Guatemala y enfrenta prisión

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      Durante años, elPeriódico denunció los manejos indebidos del gobierno. El juicio a su fundador se produce, aseguran los críticos, cuando la democracia en el país se desmorona.Para los activistas que defienden la libertad de prensa y los derechos humanos en Guatemala, el miércoles se perfila como un indicador clave de la tambaleante salud democrática del país.En un tribunal de la capital del país, se espera un veredicto en el juicio de uno de los periodistas más destacados de Guatemala, un caso ampliamente visto como otra señal del deterioro del estado de derecho en el país centroamericano.El periodista, José Rubén Zamora, fue el fundador y director de elPeriódico, un diario líder en Guatemala que investigaba con regularidad la corrupción gubernamental, incluidas las acusaciones contra el actual presidente, Alejandro Giammattei, y la fiscal general, María Consuelo Porras.Zamora es juzgado por cargos de irregularidades financieras que, según los fiscales, se centran en sus negocios y no en su periodismo. Un panel de jueces emitirá un veredicto y, si es declarado culpable, impondrá una sentencia.Una condena, que muchos observadores legales y el mismo Zamora dicen es el resultado probable, sería otro golpe a la frágil democracia de Guatemala, según los defensores de los derechos civiles, ya que el gobierno y sus aliados han apuntado repetidamente a instituciones clave y medios de comunicación independientes.El juicio también se produce cuando el país se dirige hacia una elección presidencial este mes que ha estado plagada de irregularidades, con cuatro candidatos de la oposición descalificados antes de la carrera.“El estado de derecho está roto”, dijo Ana María Méndez, directora para Centroamérica de WOLA, un instituto de investigación con sede en Washington. El caso de Zamora, agregó, representa “un paso más hacia la consolidación de una dictadura” en Guatemala.Sin embargo, a diferencia de otros países centroamericanos, como Nicaragua y El Salvador, donde la democracia también se ha erosionado, el poder en Guatemala no se concentra en una familia o un individuo, dijo Méndez.En Guatemala, agregó, “el autoritarismo se ejerce por redes ilícitas que están conformadas por la élite económica, la élite militar y el crimen organizado en contubernio con la clase política”.Zamora, de 66 años, ha negado repetidamente haber actuado mal y acusó al gobierno de tratar de silenciar a sus críticos.“Soy un preso político”, dijo a los periodistas el 2 de mayo, el día en que comenzó su juicio. Señaló que esperaba que el proceso termine con un veredicto de culpabilidad y agregó: “Me van a sentenciar”.Durante su cargo al frente de elPeriódico, Zamora fue demandado decenas de veces, principalmente por difamación, por parte del gobierno como resultado de la cobertura del diario.Las máquinas prensa guardaban silencio el mes pasado en las oficinas de elPeriódico en Ciudad de Guatemala. El periódico cerró después de que el gobierno congelara sus finanzas.Simone Dalmasso para The New York TimesPero su enfrentamiento legal más serio con las autoridades se inició en julio pasado, cuando fue acusado de lavado de dinero, tráfico de influencias y chantaje.Como parte del caso de la fiscalía, las cuentas bancarias de elPeriódico fueron congeladas, lo que dificultó su economía antes de que cerrara sus puertas definitivamente el mes pasado.El principal testigo del caso fue un exbanquero, Ronald Giovanni García Navarijo, quien dijo a los fiscales que Zamora le pidió que lavara 300.000 quetzales guatemaltecos, o casi 40.000 dólares. También afirmó que Zamora lo había obligado a pautar publicidad de paga anual en el periódico para evitar recibir una cobertura poco halagüeña.Pero la acusación no presentó ninguna prueba que demostrara que Zamora hubiera obtenido el dinero de manera ilegal. La mayor parte de los fondos, que según Zamora eran para pagar los salarios de los empleados del periódico, provenían de un empresario que no quería que se revelara su conexión con elPeriódico por temor a represalias.Su defensa se vio obstaculizada por varias medidas tomadas por los fiscales y una organización de extrema derecha que apoya al fiscal general, la Fundación Contra el Terrorismo, que según los críticos ha tratado de intimidar a algunos de los abogados de Zamora.Pasó por nueve abogados defensores, y al menos cuatro han sido acusados ​​de obstrucción de la justicia por su papel en el caso.“La defensa de Zamora se ha visto obstaculizada desde el primer día por una puerta giratoria de abogados defensores”, dijo Stephen Townley, director legal de la iniciativa TrialWatch de la Fundación Clooney para la Justicia, un grupo defensor de derechos. “Cuatro de sus abogados han sido procesados ​​por las autoridades guatemaltecas. Otros parecían no tener acceso a los materiales de sus predecesores”.Un juez que había estado presidiendo el caso anteriormente no permitió que Zamora presentara ningún testigo y rechazó la mayoría de las pruebas que trató de presentar por considerarlas irrelevantes.“Hemos visto un montaje’’, dijo Zamora en una entrevista, “como un teatro de terror”.El hijo de Zamora, José Carlos Zamora, quien también es periodista, calificó el juicio como “una persecución política”.Por su parte, Giammattei, refiriéndose al caso contra Zamora, ha dicho que ser periodista no le da a una persona el “derecho a cometer actos criminales”.El presidente Alejandro Giammattei se encontraba entre las principales figuras guatemaltecas investigadas por el periódico de Zamora.Erin Schaff/The New York TimesAun así, su gobierno ha sido acusado por grupos de derechos humanos de usar el sistema de justicia para atacar a cualquiera que lo desafíe.Los casos de corrupción y derechos humanos se han estancado y el sistema de justicia ha sido “secuestrado” por una red de actores corruptos, según un informe de WOLA.Desde 2021, casi tres decenas de jueces, fiscales anticorrupción y sus abogados han huido de Guatemala, al igual que 22 periodistas que dijeron haber sido amenazados por su trabajo.Cuando se fundó elPeriódico en 1996, Guatemala estaba entrando en un período más esperanzador luego de una brutal guerra civil que duró casi cuatro décadas y dejó cientos de miles de muertos o desaparecidos. Para muchos guatemaltecos agotados, existía la sensación de que la democracia se estaba afianzando y que el gobierno gobernaría con transparencia.Un panel internacional de investigadores respaldado por la ONU trabajó 12 años junto con el poder judicial de Guatemala para exponer la corrupción en la élite del país, incluidos altos funcionarios gubernamentales y empresarios, antes de ser expulsado del país en 2019 por el presidente anterior, a quien el panel estaba investigando.“Lo que vemos hoy es un sistema que quiere seguir protegiendo esa clase de prácticas”, dijo Daniel Haering, analista político en Ciudad de Guatemala.El caso de Zamora y la desaparición de su periódico hacen retroceder los esfuerzos para hacer que el gobierno rinda cuentas por sus acciones, dijo Méndez.“¿Quién va a decir ahora la verdad en Guatemala?”, dijo. “Quedará un vacío enorme”.Zamora con su abogada el día de la apertura de su juicio el mes pasado. No se le permitió presentar ningún testigo ni la mayor parte de las pruebas en su defensa.Santiago Billy/Associated PressEl juicio de Zamora termina cuando el país se prepara para las elecciones nacionales del 25 de junio, que según los grupos de derechos civiles ya se han visto empañadas después de que los jueces en los últimos meses prohibieron la participación a cuatro candidatos presidenciales de partidos de oposición.Entre ellos estaba Carlos Pineda, un populista conservador, que se había comprometido a luchar contra la corrupción y que, según una encuesta reciente, había ascendido a puntero. El tribunal supremo de Guatemala lo retiró de la contienda por acusaciones de que los métodos que usó el partido de Pineda para elegirlo como su candidato habían violado la ley electoral.El caso de Zamora también ha entrampado a los periodistas simplemente por cubrirlo. Ocho reporteros, editores y columnistas están siendo investigados por obstrucción a la justicia tras escribir sobre el proceso para elPeriódico. La mayoría se ha ido de Guatemala.Desde que Giammattei asumió el cargo en enero de 2020, el Asociación de Periodistas de Guatemala ha documentado 472 casos de hostigamiento, agresiones físicas, intimidación y censura contra la prensa.“De inmediato te preguntas: ‘¿En qué momento mis coberturas son interpretadas como un delito?’”, dijo Claudia Méndez, quien trabajó en elPeriódico como reportera y editora y ahora conduce un programa de radio. “‘¿En qué momento mi labor es ya no un ejercicio de crítica y rendición de cuentas, sino visto como un acto ilícito?’”. More

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      He Exposed Corruption in Guatemala. Now He Faces Prison.

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      The trial of José Rubén Zamora, the founder of a newspaper that long shone a spotlight on government graft, comes as critics say democracy in Guatemala is crumbling.For activists defending press freedom and human rights in Guatemala, Wednesday looms as a key gauge of the country’s wobbly democratic health.In a courtroom in the country’s capital, a verdict is expected in the trial of one of Guatemala’s most high-profile journalists, a case widely seen as another sign of the deteriorating rule of law in the Central American country.The journalist, José Rubén Zamora, was the founder and publisher of elPeriódico, a leading newspaper in Guatemala that regularly investigated government corruption, including accusations involving the current president, Alejandro Giammattei, and the attorney general, María Consuelo Porras.He stands trial on charges of financial wrongdoing that prosecutors say focus on his business dealing and not his journalism. A panel of judges will deliver a verdict and, if he is found guilty, will impose a sentence.A conviction, which many legal observers and Mr. Zamora himself say is the likely outcome, would be another blow to Guatemala’s already fragile democracy, according to civil rights advocates, as the government and its allies have taken repeated aim at key institutions and independent news media outlets.The trial also comes as the country heads toward a presidential election this month that has already been plagued by irregularities, with four opposition candidates disqualified ahead of the race.“The rule of law is broken,” said Ana María Méndez, the Central America director at WOLA, a Washington-based research institute. Mr. Zamora’s case represents, she added, yet another “step toward the consolidation of a dictatorship” in Guatemala.Unlike other Central American countries, like Nicaragua and El Salvador, where democracy has also eroded, however, power is not concentrated in a family or an individual, Ms. Méndez said.In Guatemala, she added, “authoritarianism is exercised by illicit networks made up of the economic elite, the military elite and organized crime in collusion with the political class.”Mr. Zamora, 66, has repeatedly denied any wrongdoing and accused the government of trying to silence its critics.“I am a political prisoner,” he told reporters on May 2, the day his trial started. He said he fully expected it would end with a guilty verdict, adding, “I will be sentenced.”During his tenure running elPeriódico, Mr. Zamora was sued scores of times, mostly for slander, by the government as a result of the newspaper’s coverage.The presses were silent last month at the elPeriódico newspaper offices in Guatemala City. The newspaper shut down last month after the government froze its finances.Simone Dalmasso for The New York TimesBut his most serious legal confrontation with authorities was set in motion last July, when he was charged with money laundering, influence peddling and blackmail.As part of the prosecution’s case, elPeriódico’s bank accounts were frozen, hobbling its finances before it finally closed its doors for good last month.The main witness in the case was a former banker, Ronald Giovanni García Navarijo, who told prosecutors that Mr. Zamora asked him to launder 300,000 Guatemalan quetzales, or nearly $40,000. He also claimed that Mr. Zamora had forced him to place annual paid advertising in the newspaper to avoid receiving unflattering coverage.But the prosecution did not present any evidence showing that Mr. Zamora had obtained the money illegally. Most of the funds, which Mr. Zamora has said was to pay the salaries of the newspaper’s employees, had come from a businessman who did not want his connection to elPeriódico disclosed for fear of reprisals.His defense was hampered by various steps taken by prosecutors and a far-right organization that supports the attorney general, the Foundation Against Terrorism, which critics say has tried to intimidate some of Mr. Zamora’s lawyers.He cycled through nine defense lawyers, and at least four have been charged with obstruction of justice for their role in the case.“Zamora’s defense has been hamstrung from day one by a revolving door of defense lawyers,” said Stephen Townley, legal director of the TrialWatch initiative at the Clooney Foundation for Justice, a rights group. “Four of his lawyers have been prosecuted by the Guatemalan authorities. Others then seemed not to have access to their predecessors’ materials.”A judge who had been presiding over the case earlier in the process did not allow Mr. Zamora to present any witnesses and rejected most of the evidence he tried to submit, deeming it irrelevant.“We have seen,’’ Mr. Zamora said in an interview, “a theater of terror.”Mr. Zamora’s son, José Carlos Zamora, who is also a journalist, called the trial a “political persecution.’’For his part, Mr. Giammattei, referring to the case against Mr. Zamora, has said that being a journalist does not give a person the “right to commit criminal acts.’’President Alejandro Giammattei was among the leading Guatemalan figures being investigated by Mr. Zamora’s newspaper.Erin Schaff/The New York TimesStill, his administration has been accused by human rights groups of using the justice system to target anyone who challenges his government.Corruption and human rights cases have stalled and the justice system has been “hijacked” by a network of corrupt actors, according to a report by WOLA.Since 2021, nearly three dozen judges, anti-corruption prosecutors and their lawyers have fled Guatemala, as have 22 journalists who say they had been threatened because of their work.When elPeriódico was founded in 1996, Guatemala was entering a more hopeful period following a brutal civil war that lasted nearly four decades and left hundreds of thousands dead or missing. For many weary Guatemalans, there was a feeling that democracy was taking hold and the government would rule with transparency.A U.N.-backed international panel of investigators spent 12 years working alongside Guatemala’s judiciary to expose graft among the country’s elite, including top government officials and businessmen, before being expelled from the country in 2019 by the previous president whom the panel was investigating.“What we see today is a system that wants to continue to protect’’ criminal behavior, said Daniel Haering, a political analyst in Guatemala City.Mr. Zamora’s case and the demise of his newspaper sets back efforts to hold the government accountable for its actions, Ms. Méndez said.“Who’s going to tell the truth in Guatemala now?” she said. “There will be a huge void left.”Mr. Zamora with his lawyer on the opening day of his trial last month. He had not been allowed to present any witnesses or submit most of the evidence in his defense.Santiago Billy/Associated PressMr. Zamora’s trial ends as the country prepares for national elections on June 25, which civil rights groups say have already been tarnished after judges in recent months banned four presidential candidates from opposition parties from the vote.Among those was Carlos Pineda, a conservative populist, who had pledged to fight corruption and who a recent poll showed had risen to the top of the field. Guatemala’s top court removed him from the race on charges that the methods Mr. Pineda’s party used to choose him as its candidate had violated electoral law.Mr. Zamora’s case has also ensnared journalists simply for covering it. Eight reporters, editors and columnists are being investigated on charges of obstruction of justice after writing about the process for elPeriódico. Most have left Guatemala.Since Mr. Giammattei took office in January 2020, the Journalists Association of Guatemala has documented 472 cases of harassment, physical attacks, intimidation and censorship against the press.“You immediately ask yourself, ‘At what point is my coverage interpreted as a crime?’” said Claudia Méndez, who worked at elPeriódico as a reporter and editor and now works for a Guatemalan radio show. “‘At what point is my work no longer an exercise in criticism and accountability, but seen as an unlawful act?’” More

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      The Trump Indictment: A Changed Landscape

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      More from our inbox:Our Failure to Support New Parents and BabiesThe indictment followed criminal charges against former President Donald J. Trump in a hush-money case brought by local prosecutors in New York.Doug Mills/The New York TimesTo the Editor:Re “Trump Is Indicted Over Classified Files” (front page, June 9):The indictment of Donald Trump heralds a new chapter in American history. His trial could come sometime next year during the Republican primary season. He will continue to tell his followers that he has done nothing wrong and that this is all part of a vendetta by the Washington elite.His followers will continue to support him. If he is found guilty in any of his trials, he will appeal. If he is nominated, the appeals process will play out during the election campaign. He could be elected and then have a guilty verdict upheld as he is about to be sworn into office.Mr. Trump and the special counsel Jack Smith serve as the protagonists in the first act of a Shakespearean tragedy. The full effects on America of Mr. Smith’s essential action will not be known until the final act.Sidney WeissmanHighland Park, Ill.To the Editor:Is no one above the law? We are about to find out. The stakes couldn’t be higher if the country hopes to remain a legitimate democracy.Tom McGrawGrand Rapids, Mich.To the Editor:The indictment of Donald Trump on federal criminal charges might improve his odds of receiving the Republican nomination, but it almost certainly means that if nominated, he would lose the general election.It may increase the sympathy and anger of millions of his hard-core supporters. They will give him even more money to run and turn out in even greater numbers in the primaries, but it will not persuade many, if any, supporters of President Biden to vote against him in November 2024.This is not yet a banana republic. The greater number of Americans who voted for Mr. Biden in 2020 will continue to believe that this and future indictments are legitimate.Even if Mr. Trump manages to beat all the charges against him, he has been further disgraced by all these legal battles. And the effect of the indictments after the lessons of the Jan. 6 hearings will bring new voters, particularly first-time voters, to Mr. Biden.If he remains healthy, President Biden wins again.Allen SmithSalisbury, Md.To the Editor:Journalists need to get to the meat of the Republicans’ support of Donald Trump’s behavior in the classified documents case and ask them the following questions:Are you saying you do not trust the Florida grand jury, made up of ordinary citizens from a state that twice voted for Mr. Trump? The prosecutor presents the facts, but the grand jurors vote on whether to indict. Do you really think all of them are on an anti-Trump witch hunt?Why are you making judgments about this case when you don’t know the charges or the facts? It sounds as if you are advocating for Mr. Trump to be able to break the law at will with no consequences; do you deny that?Stop allowing Republican politicians to hide behind specious arguments bereft of facts or even common sense. They are spouting anti-democratic nonsense, and the press should be exposing them for what they are.Jean PhillipsFlorence, Ore.To the Editor:In all the discussions, among all the various talking heads, about the various aspects of this new criminal indictment, one significant factor has been overlooked.At no time, during any judicial proceedings, will Donald Trump ever take the witness stand. It will never happen.Stuart AltshulerNew YorkTo the Editor:It is vital that Donald Trump’s trial be scheduled to start no later than four months after his arraignment, so that the trial can be finished well before the Iowa caucuses. This can be done by actions of the judge assigned to the case immediately after the arraignment, setting strict time limits for all pretrial matters.Both parties have experienced attorneys who can promptly complete pretrial matters, including discovery and pretrial motions, within that four-month period so that the trial can end well before the voters have to make their decisions.Robert LernerMilwaukeeThe writer is a retired lawyer who tried many cases in federal courts as a prosecutor or as a defense attorney.To the Editor:Jack Smith, all I can say is thank you. Thank you for believing in our country. Thank you for trying to uphold our democracy. Thank you for your courage.I have tears in my eyes. You have restored my hope. Grateful. Stay well.Dody Osborne CoxGuilford, Conn.Our Failure to Support New Parents and Babies Shuran Huang for The New York TimesTo the Editor:Re “Risk to Mothers Lasts a Full Year After Childbirth” (front page, May 28) and “A 3-Month-Old Baby Was Found Dead Near a Bronx Expressway” (nytimes.com, May 29):As a midwife working with pregnant people and new parents, I found these articles — about increasing rates of maternal mortality from hypertension, mental illness and other causes and about parents charged with murder or reckless endangerment — heartbreaking.This represents the total failure of our society to support pregnant people and new parents. After receiving only rudimentary maternity services with limited access to care, new parents are turned out of the medical system without proper follow-up and support. Our health care system has not responded to the increasing challenges of parenting in the modern world, leaving parents and children to face preventable dangers.Patient-centered care in pregnancy and improved postpartum services could prevent the suffering and deaths through early identification of risks and swift intervention. Access to care is far too limited.There has been enough hand-wringing about our horrible statistics. We need immediate investment in maternity services, expanded access to obstetric and midwifery care, mental health services, postpartum care and support for new parents.How many more deaths will it take for us to invest in the well-being and safety of our parents and children?Laura WeilSan FranciscoThe writer is an assistant clinical professor at the University of California, San Francisco School of Medicine.To the Editor:Our nation’s failure to properly care for expectant and new mothers and their babies speaks to a larger problem: Our health care system is siloed and focused on delivering urgent services. We treat pregnancy as an event, focused on a safe delivery and a healthy baby and mother, and our systems respond to problems only when they arise.There is a pressing need to address increasing maternal and infant morbidity and mortality — and the many other health issues across the country that are rapidly getting worse — by considering the entirety of factors that make up a person’s health and well-being. We need to spend more time upstream, creating the vital conditions that are key to good health and well-being, like a healthy environment, humane housing, meaningful work and sufficient wealth.If we increase our investments in order to create the conditions people need to thrive, we can build the long-lasting change that is needed to prevent many serious health problems. This is much harder than treating a single person presenting in the emergency room, but it is a much smarter investment for our long-term health and well-being.Alan LieberMorristown, N.J.The writer is chief operating officer and chief health care strategist for the Rippel Foundation, which is working to rethink systems that have an impact on health and well-being. More

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      Could Democrats Get Another Shot at Redistricting in New York?

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      State courts that struck down Democrats’ gerrymandered maps a year ago are poised to decide a renewed legal contest over whether to grant them another chance.A year ago, Democrats were taken to task by New York’s highest court for attempting to gerrymander the state’s congressional districts, and saw their tilted map replaced by more neutral lines that helped Republicans flip four House seats.Now, with a 2024 rematch approaching, Democratic leaders in Washington and Albany are reviving a legal battle to reopen the mapmaking process and potentially pull the lines back in their direction.Lawyers paid by the Democratic Congressional Campaign Committee are expected to argue before appellate judges in Albany on Thursday in favor of scrapping the court-drawn districts, and returning the mapmaking powers to New York’s beleaguered redistricting commission — and ultimately the State Legislature that gerrymandered the lines in the first place.The case will almost certainly rise to the Court of Appeals, the state’s highest court, in the coming months. And while a ruling may turn on competing readings of the State Constitution, its significance is unmistakably political, with far-reaching implications for the balance of power in Washington.Under the current maps drawn by a court-appointed expert, New York is one of the nation’s most competitive House battlegrounds. But if the Legislature is once again given a say, Democratic lawmakers could conceivably flip as many as six of the 11 seats now held by Republicans, offsetting potential Republican gains from a similar case playing out in the Southeast.“With the likelihood Republicans will re-gerrymander the lines in North Carolina, the legal fight over New York’s lines could determine whether Democrats stay in contention for House control in 2024,” said Dave Wasserman, an elections analyst with the Cook Political Report.The redistricting battle in New York last year wound its way to the office of Jonathan Cervas at Carnegie Mellon University. Mr. Cervas drew the new district maps for the state.Ross Mantle for The New York TimesHe called the suit “pretty close to must-win for Hakeem Jeffries to have a shot at becoming speaker.”Legal experts are uncertain about the Democrats’ chances of success. Republicans already convinced a lower court judge to dismiss the case. But Democrats are newly optimistic that the lawsuit will ultimately be upheld, given the shifting composition of the state’s top court, where a new chief and associate judge have pushed the bench leftward this spring.Whatever happens, New York promises to be perhaps the most contested state in the nation for House races next year. Republicans outperformed expectations in New York during the 2022 midterm elections, leaving their candidates positioned to defend six districts President Biden won in 2020, two by double digits.“We think our chances are good, but it’s not something we are relying on,” said Jay Jacobs, the Democrats’ state party chairman. “If it happens, it’s a bonus.”But as an analysis by Mr. Wasserman has shown, rearranging those six districts even slightly could make the task nearly prohibitive for Republicans to win in some places. Both parties have begun taking that possibility more seriously.The court case was proceeding this week as Democrats in Albany used the final days of this year’s legislative session to try to shore up their electoral prospects in other ways. Democratic supermajorities in both legislative chambers appeared poised to adopt changes weakening New York’s new publicly financed donor-matching program in ways that would benefit incumbents.Fair Elections for New York, a coalition of government watchdog groups that had hailed the new system for trying to diminish the influence of big-money donors in politics, warned that the tweaks could “severely roll back the progress” just as the public financing system takes effect.Republicans, who have aggressively pursued their own gerrymanders in other states, leveled similar criticisms at New York Democrats about the attempt at a redistricting do- over. Savannah Viar, a spokeswoman for the National Republican Congressional Committee, said the Democrats were “weaponizing the courts to rig the game.”“The Democrats, despite all of their rhetoric about fair elections and protecting democracy, are trying to subvert democracy in New York State,” said John Faso, a former congressman who helped orchestrate the successful Republican lawsuit last year that undid the Democrats’ preferred district lines. Like last year’s legal fight, the new case, Hoffmann vs. Independent Redistricting Commission, revolves around a set of 2014 constitutional amendments intended to remove partisanship from redistricting. They outlaw gerrymandering and create a new, bipartisan commission to draw legislative lines.That commission failed to reach consensus in 2022. After its members could not even agree to meet to complete their work, the Legislature commandeered the process and passed maps that heavily favored Democrats.The Republicans sued, and the Court of Appeals ruled that the Legislature had gerrymandered the lines, and violated the constitution by simply going ahead when the commission stopped working. With time running short, the high court told a trial court judge to appoint a neutral expert from out of state to draft replacement districts.In the new lawsuit, which counts several New York voters as plaintiffs, Democrats are not defending the initial maps. Instead, they argue that the court-approved mapmaking process also ran afoul of the State Constitution.“The people of New York are presently governed by congressional maps that were drawn by an unelected, out-of-town special master and rubber-stamped by a partisan, right-wing judge,” said Christie Stephenson, a spokeswoman for Mr. Jeffries, the House Democratic leader from New York. She added that letting the maps stand would be “undemocratic, unacceptable and unconscionable.”The Democrats’ lawyers have asked for the judges to step in to order the redistricting commission to reconvene, more than 12 months after it deadlocked. Doing so could prompt the commission to find new agreement. If it does not, however, the Legislature could step in and draw new lines, this time on surer legal footing.Republican members of the commission and their allies disagree, and are prepared to argue that the court-drawn maps put in place last year must stand for the remainder of the decade.A lower court judge, Peter A. Lynch, agreed with that position last September, when he dismissed the suit, ruling that there were no constitutional grounds to reopen the mapmaking process. Democrats’ appealed.A panel of judges who will hear the case on Thursday are expected to issue a ruling in the coming weeks, after which it will likely be pushed to the Court of Appeals.The composition of the court has been the subject of a tense, intraparty tussle since the retirement of the former chief judge, Janet DiFiore, last summer, not long after she wrote the majority decision striking down Democrats’ redistricting plan.The state’s new chief judge, Rowan Wilson, is expected to be more receptive to Democrats’ arguments than his predecessor.Cindy Schultz for The New York TimesProgressives who run the State Senate rejected Hector LaSalle, the first chief judge nominee put forward by Gov. Kathy Hochul, before ultimately accepting the elevation of a more liberal alternative in Judge Rowan D. Wilson.The Senate objected to Judge LaSalle’s previous rulings related to abortion rights and unions. But Republicans and some neutral observers argued that liberal lawmakers were also shopping for a judge who would be more likely to take their view on redistricting matters.Democrats denied that, but may indeed have a more receptive audience in Judge Wilson, who as an associate judge, dissented from the majority opinion in the 2022 redistricting case. At the time, Judge Wilson wrote that the Republicans had failed to prove the congressional map was impermissibly gerrymandered, and concluded that the state constitution gave the Legislature final authority in redistricting.Two other members of the seven-person court shared that view in whole or in part. If they maintain those positions, that could leave the case in the hands of the court’s other new member, Caitlin Halligan, whose position is not clear to court watchers.Grace Ashford More

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      As Prosecutors Revisit Police Killings, Charges Are Still Rare

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      Pamela Price, a new district attorney in Northern California, is the latest to reopen cases that had seemingly been shut, including one from more than 15 years ago.Agustin Gonsalez was shot dead in 2018 by police officers in Hayward, Calif., when he refused to drop a sharp object during a confrontation on a dark street.Andrew Moppin-Buckskin was killed by Oakland officers in 2007 after he ran away following a car chase, hid under a vehicle and failed to comply with their demands.Two years ago, Mario Gonzalez died after he was pinned on the ground for more than five minutes by officers in Alameda, Calif.In all three cases, prosecutors determined that the police should not be criminally charged, seemingly closing the book.But shortly after she became the district attorney of Alameda County in January, Pamela Price initiated a new review of those cases and five others in one of the most extensive re-examinations of police killings launched by progressive prosecutors.Ms. Price’s review is notable because her predecessors had already cleared the officers of wrongdoing and two of the reopened cases occurred more than 15 years ago.As high-profile instances of police brutality shocked the public in recent years and raised questions about official law enforcement accounts, liberal prosecutors campaigned on the promise that they would review cases that they felt were hastily closed without charges. Their efforts to revisit old cases have won praise from the activists and liberal Democrats who voted for them.But the re-examinations so far have rarely led to criminal charges.“To reopen a police use-of-force case is, in many ways, a herculean task,” said Steve Descano, the commonwealth’s attorney in Fairfax County, Va. He lost in court after he charged two federal Park Police officers for the 2017 shooting of a man who fled a car crash, a case that the Justice Department previously reviewed and declined to pursue.The incidents almost never have evidence as stark as the bystander video showing George Floyd being pinned to the ground in 2020 for more than nine minutes by Derek Chauvin, a former Minneapolis police officer who was convicted of murdering Mr. Floyd.The circumstances often are more ambiguous, the footage less telling. And once a district attorney writes a lengthy memo detailing why criminal charges are unjustified against a police officer, it can be difficult for a successor to overcome those arguments, absent new evidence.“Everybody is going to go through it again, and the outcome in all probability is going to be the same,” said Jim Pasco, the executive director of the National Fraternal Order of Police. “And what’s Einstein’s definition of insanity?”The biggest hurdle for pursuing criminal charges is the wide latitude that officers have to use force. State legislatures, including California’s, have tried to narrow that ability. But officers generally can still use lethal force when they feel they or others could be killed, a level of immunity that law enforcement officials say is necessary to ensure the public’s safety.Pamela Price, the new district attorney of Alameda County, Calif., announced this year that she would review eight police killings, including one dating to 2007.Jim Wilson/The New York TimesAlameda County, Ms. Price’s jurisdiction, covers a large swath of the East Bay across from San Francisco, containing 14 cities and numerous police departments. In the county seat of Oakland, where the Black Panther Party emerged in the 1960s, a legacy of radical politics is intertwined with a troubled history of law enforcement. The Oakland Police Department has been under federal oversight for more than two decades.Ms. Price campaigned on a liberal platform that, besides reviewing old cases, included removing local residents from death row and resentencing inmates serving life sentences — an effort, she said, to restore public trust. Since taking office, she has directed her staff to seek the lowest possible prison sentence for most crimes.She said that in the past, prosecutors routinely gave officers a pass when they killed someone on the job, and she wants questionable police killings to face the same rigor that other criminal cases get.“Every case that we’re looking at now was determined under a double standard,” Ms. Price said in an interview. “Police officers received a different standard of justice than everyday people.”Ms. Price is among a growing cadre of progressive prosecutors elected over the last decade, beginning with the 2016 elections of Kim Foxx in Chicago and Kimberly Gardner in St. Louis, on promises of reducing jail populations and holding police accountable. The movement gained steam after Floyd’s murder.Some prominent district attorneys have since faced a backlash over crime concerns. Chesa Boudin was recalled last year in San Francisco, while Ms. Gardner resigned last week as she faced criticism for her handling of violent crime. Ms. Foxx is not running for re-election next year and has endured criticism from moderates and conservatives, especially for her support of eliminating cash bail statewide.In Maine, a police officer has never been prosecuted for an on-duty killing. But in July 2020, Natasha Irving, the district attorney for four counties, said she would seek charges for the 2007 police shooting death of Gregori Jackson, who was drunk and ran away after a routine traffic stop in Waldoboro, the town where Ms. Irving grew up.Three years later, however, Ms. Irving said that based on the attorney general’s review of the forensics from the case, she will not file charges.“It’s just not going to be a provable case,” she said in an interview.Karla Gonsalez stood at a memorial to her son at the site in Hayward, Calif., where he was shot and killed by police officers.Jim Wilson/The New York TimesIn the Virginia case pursued by Mr. Descano, Bijan Ghaisar, 25, was involved in a minor car crash and then fled in his Jeep, pursued by two officers who cornered Mr. Ghaisar in a residential neighborhood. When the vehicle moved toward a police car, they opened fire, killing him.Mr. Descano brought a case, but a judge dismissed the charges, ruling the officers reasonably feared they were in danger. His efforts to pursue the case further were rejected by the state’s attorney general and the Justice Department.Such reviews offer the possibility of justice for still grieving families but also may unrealistically raise their hopes. Karla Gonsalez, the mother of Mr. Gonsalez, the man who was killed in Hayward, said she was torn when she heard Ms. Price was reopening her son’s case.Television outlets began replaying the body camera footage of Mr. Gonsalez’s confrontation with police. For his family, all of the anger, grief and unresolved questions came rushing back. Why had the officers not tried to de-escalate the situation?“I was excited to know that it was going to be opened up again,” Ms. Gonsalez said. “At the same time, I was very nervous that it was going to be another roadblock, another failure.”Less than 2 percent of police killings result in charges, according to Philip M. Stinson, a professor of criminal justice at Bowling Green State University. That figure has not budged since 2020. The number of people killed by the police is holding steady — last year it was 1,200, compared with 1,147 in 2022, according to Mapping Police Violence.“From where I sit, nothing has changed,” Mr. Stinson said.In Los Angeles County, George Gascón, who was elected district attorney in 2020, appointed a special prosecutor to reopen four cases in which his predecessor declined to file charges.Ryan Young for The New York TimesIn Los Angeles County, George Gascón, who was elected district attorney in 2020, appointed a special prosecutor to reopen four cases in which his predecessor, Jackie Lacey, declined to file charges. He also asked an independent team of experts to review more than 300 previous use-of-force cases to see if the evidence warranted criminal charges.The special prosecutor, Lawrence Middleton, had secured convictions in a 1993 federal trial against Los Angeles Police Department officers for beating Rodney King. In the new cases, he has secured indictments against two officers in the 2018 shooting death of Christopher Deandre Mitchell, who was driving a stolen vehicle and had an air rifle between his legs when he was confronted by officers in a grocery store parking lot. (“Both officers’ use of deadly force was reasonable under the circumstances,” Ms. Lacey wrote in a 2019 memo.)The re-examinations themselves take time, and liberal prosecutors may yet file criminal charges against more officers in past cases. But they said that charges should not be the only benchmark of whether their reviews are worthwhile.“I think there is huge value to reopening a case if there is probable cause, or if there is evidence that seems compelling in any way,” Ms. Irving, the prosecutor in Maine, said. “Yes, part of it is to send a message to people who would be bad actors. Part of it is to send a message to families that have lost loved ones, or individuals who have been harmed, that they count.”Ed Obayashi, a California-based expert in use of force who trains law enforcement, said in 2021 that Mario Gonzalez did not seem to be a threat to the public in Alameda and questioned why officers restrained him before he died. The police had responded to a call that Mr. Gonzalez, 26, was acting strangely in a park and talking to himself.Mr. Obayashi said this week that he did not fault Ms. Price for reviewing the case, but he also felt that if there was consensus in the Alameda County District Attorney’s Office under her predecessor, Ms. Price should not have reopened it.“It’s a big concern to law enforcement because these types of decisions, to revisit old cases that former prosecutors have decided that no charges should be brought against the officer, it’s political,” Mr. Obayashi said. “It’s politically driven.”Ms. Price’s review also includes two cases from 15 years ago that occurred seven months apart and involved the same officer killing men who ran away after traffic stops, including Mr. Moppin-Buckskin. The officer, Hector Jimenez, was cleared in each case and remains with the Oakland Police Department.“For the life of me I can’t understand what Ms. Price thinks she’s doing with those kinds of cases, some 15 years after they occurred,” said Michael Rains, a lawyer for Mr. Jimenez.In Hayward, the city agreed to pay $3.3 million to settle a federal lawsuit with Agustin Gonsalez’s family but said it was a way to support his children rather than an admission of wrongdoing. The city said in April that there appeared to be no new evidence that warranted reopening the case.Mr. Gonsalez was shot in November 2018 after police officers confronted him. He was suicidal and was holding a razor blade. He refused to drop the blade and approached the officers with his arms outstretched. That’s when the two veteran police officers shot him 12 times.Karla Gonsalez recently sat in her sister’s kitchen and described her son as a father of two who was an Oakland sports fan and often drove nearly 400 miles south to Disneyland with his season pass. In the corner of her living room was a makeshift shrine, with a flickering candle and a crucifix draped over his portrait.Cynthia Nunes, Mr. Gonsalez’s cousin, said her family was grateful his case was being reopened. But they want more.“Charges actually have to be brought forward, too,” she said. “The system needs to change.”Julie Bosman More

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      Senegal Blocks Some Social Media After Ousmane Sonko Is Sentenced

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      Demonstrators had battled with the police to protest a two-year prison sentence given to a leading opposition figure.The government of Senegal said on Friday that it had shut down some social media platforms as a result of clashes between protesters and security forces a day earlier, which it said had left at least nine people dead.Demonstrators had taken to the streets across the West African nation on Thursday shortly after a court acquitted a leading opposition figure, Ousmane Sonko, on charges of rape and making death threats, but convicted him on the lesser charge of “corrupting youth.” Mr. Sonko was sentenced to two years in prison in a case that his supporters said was politically motivated.The violence brought tensions in the largely peaceful country to a new high. Periodic clashes have sporadically broken out since the arrest of Mr. Sonko in 2021 after a massage parlor employee accused him of rape.The Senegal interior minister, Antoine Felix Abdoulaye Diome, said the deaths on Thursday had occurred in Dakar, the capital, and in Ziguinchor, a southern city where Mr. Sonko is mayor. In 2021, at least 14 people were killed in clashes that followed his arrest.Mr. Diome said that blocking of the social media outlets was justified because calls to violence and hatred were circulating through them.On Friday morning, Dakar and other cities remained calm as many Senegalese waited to see what would happen next.Security forces stationed around Mr. Sonko’s house in Dakar have prevented him from leaving for days. They have also, without warning, thrown tear gas at journalists, lawmakers and residents walking nearby.Mr. Sonko, a 48-year-old former tax inspector, is popular among younger people and has branded himself as the main opponent of President Macky Sall. Mr. Sonko has accused the president of using court cases to sideline him. In return, the government has accused Mr. Sonko of calling for an insurrection and threatening Senegal’s public order.Ousmane Sonko, a prominent opposition figure, waving to supporters at a rally in Dakar in March.John Wessels/Agence France-Presse — Getty ImagesJustice Minister Ismaïla Madior Fall told reporters on Thursday that Mr. Sonko could be arrested at any time.For now, the sentence bars him from running in next year’s presidential election and he is not allowed to appeal the verdict because he was not present in court for the trial. But two of his lawyers and Mr. Fall, the justice minister, said that Mr. Sonko could secure a retrial if he surrendered or was imprisoned.Senegal has long taken pride in its culture of peaceful dialogue, political pluralism and the absence of coups since gaining independence from France in 1960. But human rights defenders and political observers have raised questions about the arrests of journalists and dozens of political opponents in recent years, as well as the criminal charges brought against major opposition figures, including Mr. Sonko.“There are expectations in the Senegalese democratic culture that the judiciary should be independent,” said Catherine Lena Kelly, an expert on Senegalese politics at the African Center for Strategic Studies, a research group that is part of the United States Defense Department. “But there have been grievances during the Sall presidency about what some citizens consider to be the state selectively charging opposition leaders with criminal offenses.”Babacar Ndiaye, a political analyst in Senegal, said that to his knowledge, the social media blackout was a first in the country.“It’s surprising to say the least,” Mr. Ndiaye, the research and publication director at Wathi, a Dakar-based research organization, said on Friday. “Social media have always been a space of free expression in Senegal, including yesterday when people exchanged information in real time about the clashes and the law enforcement response.”As of Friday morning, Facebook, Instagram, TikTok, Twitter and WhatsApp were not working, and many Senegalese had switched to virtual private networks, which get around such bans by masking a user’s location. “This is where we’re now at in Senegal,” Mr. Ndiaye said. More

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      Senegal’s Opposition Leader Is Sentenced to 2 Years in Prison

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      A case involving a rape charge against Ousmane Sonko has monopolized the country’s political life and raised concerns over the prosecution of political opponents.A court in Senegal sentenced the country’s leading opposition figure to two years in prison on Thursday after finding him guilty of “corrupting youth.” The ruling, which for now bars him from running in future elections, throws the West African nation’s political future into uncertainty less than a year before its next presidential contest.The opposition leader, Ousmane Sonko, was accused of raping an employee of a massage parlor in Dakar, the capital, and issuing death threats against her. The court acquitted him of those charges, which he had denied and has denounced as an attempt by Senegal’s president, Macky Sall, to sideline him.But the conviction of “corrupting youth” — a charge relating to an accusation that Mr. Sonko had a sexual relationship with the massage parlor worker, who was under 21 at the time — renders him ineligible to run in next year’s election, a vote that is widely seen in Senegal and broader West Africa as a test of democratic values in the region.Mr. Sonko cannot appeal, because he did not appear in court for the hearings or the verdict, citing threats to his safety.Clashes erupted between protesters and security forces across Senegal and in Dakar shortly after the verdict was announced, including near the city’s main university, where several protesters erected barricades and threw stones at the police, who responded with tear gas. A few protesters were injured.Clashes broke out in Dakar on Thursday after the verdict was announced.Zohra Bensemra/ReutersSenegal, a country of 17 million people, has long been hailed as a model of political pluralism in West Africa, a region known for coups and aging leaders clinging to power. Elections have been mostly peaceful since the country became independent from France in 1960. The United States and European countries, as well as China, hold the country as one of their most reliable partners in West Africa.Yet the battle around the political future of Mr. Sonko, 48, whose fiery rhetoric has made him popular among young Senegalese, has become the president’s biggest challenge. In the coming months, it could lead to the most serious test faced by Senegalese democracy in more than a decade, analysts say.“Senegal finds itself in a thick fog, with lots of uncertainties,” said Alioune Tine, a rights expert and founder of the AfrikaJom Center, a Dakar-based research organization. “It has turned into a police state and, increasingly, an authoritarian one.”There is no public proof that Mr. Sonko’s case has been politically motivated, but some academics, human rights observers and most opponents of Mr. Sall have raised questions about the lack of concrete evidence and the harsh treatment of Mr. Sonko throughout the proceedings. They have also in recent years warned of a steady erosion of democratic norms as several political opponents have been jailed and journalists arrested.In recent months, police officers have been posted at multiple traffic circles in Dakar; temporary bans on motorcycles to prevent quick gatherings of protesters have become a regular fixture in the capital; and demonstrators have faced a heavy-handed response from security forces, with clashes at times turning deadly. Protesters have also targeted the police, attacked gas stations and this week burned the house of Mr. Sall’s chief of staff.Demonstrators faced off with riot police officers during a protest on Thursday at the Cheikh Anta Diop University campus.Leo Correa/Associated PressMr. Sonko’s fate remained unclear as of Thursday. One of his lawyers, Bamba Cissé, said in a telephone interview that Mr. Sonko would not surrender, “because we’re against a judiciary system perverted by political leaders.” He continued: “For two years, Senegal has been told that Mr. Sonko was involved in a rape affair. Today we have the proof that it was a plot.”Riot police officers positioned near Mr. Sonko’s house in Dakar were blocking access, and on Wednesday had thrown tear gas at lawmakers from the National Assembly who were trying to peacefully approach it. The police have also targeted foreign journalists covering the episode.Adama Ndiaye, a supporter of Mr. Sonko’s who unsuccessfully tried to approach his residence on Thursday, said it was a bleak day for Senegal. “The ‘corrupting youth’ charge comes out of nowhere, it’s pure injustice,” said Mr. Ndiaye, a 35-year-old car salesman who said he was on his way to a Dakar neighborhood where protests were taking place.Opponents of Mr. Sall have accused him of repeatedly sidelining key opposition leaders, including Mr. Sonko, who was barred by Senegal’s constitutional council from running in last year’s parliamentary elections. Dozens of members of his party have been jailed or placed under electronic surveillance. Current and former Dakar mayors were also prohibited from running in the 2019 presidential election because of convictions for embezzlement.At a hearing last month, Mr. Sonko’s accuser said he had assaulted her five times at a massage parlor between late 2020 and February 2021, and sent her death threats. The New York Times does not routinely name accusers in rape cases, but Mr. Sonko’s accuser, Adji Sarr, has been publicly identified and has given news interviews. She has been under police protection since 2021.Gender-based violence has been decreasing in Senegal in recent years, but it remains widespread, though rarely talked about. About 30 percent of women aged 15 to 49 have experienced physical or sexual violence, according to a demographic and health survey released in 2017, with the highest rate, 34 percent, among those ages 25 to 29. More than two-thirds never spoke about it or sought help.Some Senegalese said they considered the trial politically motivated.Leo Correa/Associated PressEven as Ms. Sarr detailed at length last week the assaults she said she had faced, Senegalese newspapers published headlines with lewd innuendos, comparing her testimony to pornography.Marième Cissé, an expert on gender issues, said Senegalese society still put the blame on victims of sexual violence. The Sonko trial, she added, gave many Senegalese the impression that a crime as serious as rape had been used for political purposes.“That instrumentalization has minimized the seriousness of the accusation,” said Ms. Cissé, a researcher with the Dakar-based Wathi research organization. “It could discourage women from talking about the abuse they may face.”Many Senegalese say they do not believe the accuser.Moussa Sané, a 46-year-old businessman who attended the court session on Thursday, said that he was not a Sonko supporter but that the verdict showed the political motive of the trial. “The government is trying its best to prevent Sonko from running in the next election,” he said.Until Thursday, Mr. Sonko had been widely regarded as Mr. Sall’s strongest challenger in next year’s election, although Mr. Sall has not said whether he will run.According to most legal experts, the Senegalese Constitution prevents Mr. Sall from running: It limits presidents to two five-year terms, and Mr. Sall is set to complete his second term in February. But he argues that a constitutional reform adopted in 2016 reset the clock to zero and gives him the right to seek another term.Mr. Tine, the rights expert, said a third term would amount to a clear violation of the Constitution. “With Sonko convicted, Macky Sall has made him a political martyr,” he said. “And with this third-term issue, he has created another problem for himself.”Mady Camara contributed reporting. More

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      Arizona Judge Tosses Kari Lake’s 2022 Election Lawsuit

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      Lawyers for Ms. Lake, a Trump ally who lost the governor’s race, claimed Maricopa County did not properly review mail-in ballot signatures. A judge said the arguments “do not clear the bar.”An Arizona judge threw out a lawsuit filed by Kari Lake over her defeat in last year’s race for governor, ruling that she had failed to prove that the state’s most populous county, Maricopa, had neglected to review voters’ signatures on mail-in ballot envelopes.The decision, issued late Monday, is the latest legal setback for Ms. Lake, a Republican who was backed by former President Donald J. Trump in one of the nation’s most prominent governors’ races in 2022.During a three-day bench trial last week in state Superior Court in Maricopa County, Ms. Lake’s lawyers argued that election workers worked too quickly to properly review 300,000 signatures that accompanied mail-in ballots.But in a six-page decision, Judge Peter A. Thompson wrote that the process had complied with state law, which requires signatures to be compared to ones in public voter files, but does not include specific guidelines for how much time a worker must spend on each ballot.“Plaintiff’s evidence and arguments do not clear the bar,” he wrote, adding: “Not one second, not three seconds, and not six seconds: No standard appears in the plain text of the statute.”At a news conference on Tuesday in Arizona, Ms. Lake said that she would appeal the ruling and that her lawyers were exploring various pathways forward.“We can’t trust the buffoons running our elections in Maricopa County anymore,” she said, later adding, “You’ve not seen the last of our case.”The case was the latest in a string of court losses over the election for Ms. Lake, who has claimed, without evidence, that mail-in voting compromises election integrity. Other claims in her lawsuit had previously been rejected by the court.Ms. Lake has suggested she may run for office again. This year, she said she was considering a run for the U.S. Senate seat currently held by Senator Kyrsten Sinema, who left the Democratic Party in December to become an independent.Clint L. Hickman, the chairman of the Maricopa County Board of Supervisors, which helps oversee elections in the county, praised the judge’s decision in a statement on Monday.“Wild claims of rigged elections may generate media attention and fund-raising pleas, but they do not win court cases,” he wrote. “When ‘bombshells’ and ‘smoking guns’ are not backed up by facts, they fail in court.” More