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      in US Politics

      Second federal prisoner scheduled to die in weeks has Covid, lawyers say

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      A second federal prisoner scheduled to be put to death next month, as the Trump administration rushes to execute more people before Joe Biden takes power, has tested positive for Covid-19, his lawyers said on Friday.Cory Johnson’s diagnosis came a day after attorneys for Dustin John Higgs confirmed he had tested positive at a US prison in Terre Haute, Indiana, where both men are on death row.Johnson, Higgs and a third inmate, Lisa Montgomery, are scheduled to be put to death by lethal injection at the federal complex just days before Biden takes office.The Trump administration resumed federal executions after a 17-year pause in July and has carried out 10 death sentences since then, including two last week. It has executed more people in a single year than any other administration in more than 130 years and this year has killed more inmates than all the states put together.Johnson’s lawyers, Donald Salzman and Ronald Tabak, called on federal authorities to strike their client’s current execution date of 14 January – six days before inauguration day. Higgs is scheduled to die a day later.Montgomery’s execution date is 12 January, but because she is the only woman on federal death row she is held at a separate prison in Texas and would need to be brought to Indiana to be executed. She would be the first woman killed by the US government in 67 years.Johnson’s attorneys said his infection would make it difficult to interact with him in the critical days leading up to his scheduled execution, adding: “The widespread outbreak on the federal death row only confirms the reckless disregard for the lives and safety of staff, prisoners, and attorneys alike.”“If the government will not withdraw the execution date, we will ask the courts to intervene,” they said.The US Department of Justice and Bureau of Prisons did not respond to requests for comment.Prosecutors alleged Johnson was a crack cocaine dealer who killed seven people in 1992 in an attempt to expand the territory of a Richmond, Virginia, gang and silence informants. His legal team has argued that he is intellectually disabled, with a far below average IQ, and therefore ineligible for the death penalty.Higgs was convicted of ordering the 1996 murders of three women in Maryland. Montgomery was convicted of using a rope to strangle a pregnant woman in 2004 and then using a kitchen knife to cut the baby girl from the womb, authorities said.The Bureau of Prisons confirmed in a statement on Thursday that inmates on federal death row have tested positive for Covid-19. As of Thursday, there were more than 300 inmates with confirmed cases at FCC Terre Haute. The Bureau of Prisons said “many of these inmates are asymptomatic or exhibiting mild symptoms”.Nationwide, one in every five state and federal prisoners has tested positive for the coronavirus, a rate more than four times as high as the general population, according to data collected by the Associated Press and the Marshall Project. More

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      in US Politics

      Donald Trump has executed more Americans than all states combined, report finds

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      Donald Trump has added a morbid new distinction to his presidency – for the first time in US history, the federal government has in one year executed more American civilians than all the states combined.In the course of 2020, in an unprecedented glut of judicial killing, the Trump administration rushed to put 10 prisoners to death. The execution spree ran roughshod over historical norms and stood entirely contrary to the decline in the practice of the death penalty that has been the trend in the US for several years.The outlier nature of the Trump administration’s thirst for blood is set out in the year-end report of the Death Penalty Information Center (DPIC). In recent years, the annual review has highlighted the steady withering away of executions, all of which were carried out by individual states.That pattern continued at state level in 2020, heightened by the coronavirus pandemic which suppressed an already low number of scheduled executions. Only five states – Alabama, Georgia, Missouri, Tennessee and Texas – carried out judicial killings. And only Texas performed more than one, producing the lowest number of executions by the states since 1983.States carried out seven executions to the federal government’s 10. Despite the rash of federal killings, that still amounted to the fewest executions in the US since 1991.Against that downward path, the actions of the Trump administration stand out as a grotesque aberration.“The administration’s policies were not just out of step with the historical practices of previous presidents, they were also completely out of step with today’s state practices,” said Robert Dunham, DPIC executive director and lead author of its year-end report.Part of the story was Trump’s willful refusal to take the coronavirus seriously. Unlike death penalty states, the federal government insisted on proceeding with executions. As a result, there was an eruption of Covid-19 cases at the Federal Correctional Complex in Terre Haute, Indiana which the DPIC report notes infected at least nine members of execution teams.But the overwhelming story of the federal executions in 2020 was the disdain shown by the Trump administration towards established norms, and its determination to push the death penalty to the limits of decency even by standards set by those who support the practice.Since Trump lost the election on 3 November, the federal government has put to death three prisoners: Orlando Hall, Brandon Bernard and Alfred Bourgeois. The last time a lame-duck president presided over an execution was in 1889, when the Grover Cleveland administration killed a Choctaw Indian named Richard Smith.All three Trump lame-duck executions involved black men. As the DPIC review points out, racial disparities remain prominent in the roll call of the dead, as they have for decades, with almost half of those executed being people of color.The review exposes other systemic problems in the Trump administration’s choice of prisoners to kill. Lezmond Hill, executed in August, was the only Native American prisoner on federal death row. His execution ignored tribal sovereignty over the case and the objections of the Navajo Nation which is opposed to the death penalty.The subjects of the federal rush to the death chamber included two prisoners whose offenses were committed when they were teenagers. Christopher Vialva was 19 and Bernard 18: they were the first teenage offenders sent to their deaths by the US government in almost 70 years.The sharp contrast between the Trump administration’s aggressive stance and the dramatic reduction in executions at state level is underlined by the annual review of the Texas Coalition to Abolish the Death Penalty (TCADP), also released on Wednesday.Texas, traditionally the death penalty capital of America, carried out three executions this year, down from nine in 2019. The most recent was on 8 July. Billy Joe Wardlow was 18 in 1993 when he committed robbery and murder.“The fact that state legislators, juvenile justice advocates, neuroscience experts and two jurors from Wardlow’s trial had called for a reprieve based on what we know now about adolescent brain development make the circumstances of his arbitrary execution even more appalling,” said Kristin Houlé Cuellar, TCADP executive director.There was some good news. In March, Colorado became the 22nd state to abolish the death penalty. Louisiana and Utah have not executed anybody in 10 years.Joe Biden, the president-elect, has vowed to eliminate the death penalty. But until he enters the White House on 20 January Trump remains in charge. Three more federal inmates are set to die – including the only woman on federal death row – before he is done. More

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      in Elections

      Donald Trump believes in clemency and mercy. But only for his friends and family | Jill Filipovic

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      Given that Donald Trump treats the office of the presidency like a personal branding tool, and deals with adversity like a two-bit mafioso, this moment was perhaps predictable: the president is reportedly considering pre-emptively pardoning three of his children, his son-in-law, and associates including Rudy Giuliani. He has already pardoned or commuted the sentences of several of his friends and associates, which should raise some eyebrows – why do so many people who surround this president wind up charged with a crime, in jail, or bracing themselves for criminal charges? And why is the supposedly law-and-order “pro-life” Republican party shrugging as this president excuses the criminality of his kin and his cronies while he refuses to intervene to save anyone from execution – and in fact, is using what little time he has left in office to reinstate barbaric practices like death by firing squad?We all know Trump didn’t drain the swamp. But in his last two months in office, he is sending a clear message about who and what he and his party value. It’s not Christian mercy, or hard-nosed law and order, or even the sanctity of life. It’s power, dominance and a thick line between two Americas: one connected, white, power-hungry and lawless, and the other at its mercy.As Trump’s term winds down, the White House is reportedly besieged with requests from lackeys and sycophants and hangers-on and D-list celebrities who all believe the president may grant them a get-out-of-jail-free card (or, in the case of his children and Giuliani, who have not been charged or convicted of any crimes, a get-out-of-ever-being-held-accountable card). Even the Tiger King has made his case to the president.Many expect that the president will issue a flurry of pardons and commutations, and this largesse will be bestowed much like the measly 11 pardons and commutations he’s issued so far: on people who worked for him, people who supported him, people could incriminate him and people who personally impress him (sometimes via reality television stars, because we are living in the worst of times).Trump has refused to use his powers for good, and has been appalling harsh on those who have been over-sentencedHe’s granted clemency almost entirely to his friends, advisers, supporters and loyalists, with a few war criminals and conservative cultural icons thrown in for good measure. The only people he has used his pardon power to help who fall outside that characterization are either famous but long-dead historical figures and Alice Marie Johnson, who was serving a life sentence for a non-violent drug offense – and whose case he only learned about because reality television star Kim Kardashian West brought it to his desk.What he largely hasn’t done is use the presidential clemency power for its highest purpose: to correct serious injustice and act with compassion.Despite touting himself as a president who has done more for criminal justice reform than any other, the opposite is actually true: Trump has refused to use his powers for good, and has been appalling harsh on those who have been over-sentenced. Several people on federal death row have appealed to the president for clemency – not to go home, just to not be killed by the state. So far, Trump has ignored them. The list of those who are still alive includes Brandon Bernard, who was just 18 when he joined a group of friends for what he thought was going to be a carjacking and a robbery; one of his friends ended up murdering the couple the group robbed, in a brutal act Bernard had not foreseen and was horrified by. At trial, Bernard’s lawyer, who had never argued a federal death penalty case before, barely mounted a defense and failed to call important witnesses. Several members of the jury that convicted him now say that he should not be executed. And there’s Lisa Montgomery, the only woman on federal death row, who committed an awful crime – she murdered a pregnant woman and stole her baby – but also has a severe and debilitating mental illness, and, her lawyers say, was psychotic when she committed that heinous crime. More

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      in US Politics

      'People got involved': how Los Angeles progressives swept the election

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      Voters in Los Angeles have approved new limits to police power, elected a prosecutor who promised to reopen police shooting cases and mandated that 10% of the local budget be spent on prevention programs rather than incarceration.
      The slate of progressive victories in Los Angeles, which counts 10m residents and is home to the largest jail system in the United States, show the potential impact of local wins for criminal justice reform, as well as the growing electoral influence of Black Lives Matter.
      “So many people got involved and wanted to vote,” said Leah Garcia, an East Los Angeles resident whose 18-year-old son Paul Rea was shot to death by a Los Angeles sheriff’s deputy in 2019. “A lot of the families I talk to – we’re tired of living in fear.”
      Los Angeles elected a new district attorney, George Gascón, who has pledged not to keep people in prison when they are up for parole, not transfer teens to adult court, not pursue the death penalty and won’t use “gang enhancements”, which have long been used in racially discriminatory ways.
      Though Gascón faced protests in his former job as San Francisco district attorney for refusing to prosecute officers in several high-profile police killing cases, he vowed during the campaign in LA to reopen some police shooting cases, and has said that incarcerating people for low-level offenses during the coronavirus pandemic is “unconscionable”.
      Law enforcement unions had contributed millions of dollars in political spending to backing Gascón’s opponent, the incumbent prosecutor Jackie Lacey.
      For the past three years, Lacey had refused to meet with Black Lives Matter activists protesting against what they say are more than 600 police killings and in-custody deaths of prisoners since she took office in 2013 and Lacey’s refusal to prosecute the officers responsible. More

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      in US Politics

      Los Angeles: progressive challenger ousts top prosecutor Jackie Lacey

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      Jackie Lacey, the Los Angeles district attorney, was ousted by her progressive challenger in one of the most closely watched criminal justice races in the US this year.
      George Gascón, the former police chief and district attorney of San Francisco, won the race to lead the Los Angeles prosecutors’ office with more than 53% of the vote, as of Friday morning. Black Lives Matter LA and other activist groups played a major role in the heated contest, having protested against Lacey’s policies for years.
      An emotional Lacey conceded the race on Friday, saying that while 791,000 ballots remained to be counted in Los Angeles county, her consultants advised her that she would not be able to close the gap enough to claim victory. She suggested that unprecedented amounts of money poured into the race contributed to her defeat, as well as the nationwide protests that erupted over the summer following the high-profile police killings of Black civilians.
      “The circumstances surrounding the deaths of George Floyd, Breonna Taylor and Ahmaud Arbery gave breath to an in-progress discussion around racism, policing and criminal justice reform,” she said. “These incidents were painful and exposed an issue that existed in this country for years: racism. Our nation is going through a reckoning and what happened in my election may one day be listed as a consequence of that. It may be said that the results of this election may be the result of our season of discontent and our demand to see a tsunami of change.”
      Lacey was the first woman and first African American to serve as the Los Angeles DA. In her second term, Lacey faced intensifying scrutiny over her refusal to prosecute police officers who kill, her close ties with law enforcement unions and her continued use of the death penalty.
      Gascón, who was endorsed by political heavyweights such as Kamala Harris and Bernie Sanders, is part of a wave of liberal, reform-minded DA candidates across the US who have pledged to undo some of the harms and racial inequities of policing and prisons.
      BLM and other activist groups have increasingly put pressure on elected district attorneys, who are some of the most influential and least accountable players in the US criminal justice system.
      Los Angeles’ prosecutorial office is the largest local prosecutor’s office in the country. The Los Angeles DA’s office oversees 1,000 lawyers, funnels defendants into the world’s largest jail system and reviews police violence cases in a county that has some of the highest number of police killings in the nation. LA prosecutors are also responsible for investigating misconduct in the LA sheriff’s department, which has been plagued by recent scandals, including controversial killings and alleged gangs of deputies engaged in criminal behavior.
      Gascón gained traction and celebrity support amid national protests against police killings and racial inequality following the death of George Floyd in May. He has pledged to hold police accountable for brutality, promising to reopen specific cases of killings by police that Lacey had previously cleared.
      In an interview with the Guardian last month, Gascón said he would stop using a number of “tough-on-crime” laws that have contributed to mass incarceration and California’s prison overcrowding crisis: “We can see incarceration and safety are not necessarily synonymous, and the fact that this is becoming more obvious to many, it’s very, very energizing to me.”
      As DA, he said he would not fight to keep people in prison when they are up for parole, not transfer teens to adult court, won’t pursue the death penalty and won’t use “gang enhancements”, which have long been used in racially discriminatory ways.
      Lacey disappointed progressive groups during her tenure, including by sending 23 people to death row, more than any other county in the US in recent years. All but one sentenced to death were people of color. Despite hundreds of killings by police, she only brought charges in one case.
      Gascón also faced progressive protests when he was San Francisco DA, stemming from his refusal to prosecute police in a number of high-profile killings. Melina Abdullah, the co-founder of Black Lives Matter LA, who has long rallied against Lacey, noted that she would probably end up protesting Gascón, too, once he is DA, given the nature of the prosecutor’s office.
      Gascón is expected to make his first public remarks on Friday afternoon. More

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      in US Politics

      'Fill that seat': why Trump's courts power grab is more than just a political win

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      Supporters of Donald Trump hit on a new chant at a campaign rally in North Carolina at the weekend.In 2016, it was “Lock her up! Lock her up!”In 2020, it’s “Fill that seat! Fill that seat!”The “seat”, of course, refers to the supreme court vacancy created with the death on Friday of Ruth Bader Ginsburg, the liberal justice whose replacement with a conservative by Trump could remake American life under the law for generations.For the aggressively informal air of a typical Trump event, a supreme court-themed chant might not seem like an obvious crowd-shaking rallying cry. But Trump’s success at appointing conservative judges is not only a political winner for Trump: it amounts to a true and towering legacy.“I’m going to be up to 280 judges very soon,” Trump bragged to the journalist Bob Woodward in remarks that Woodward captured on tape and released Sunday. “Nobody’s ever had that. Two hundred and eighty. You know? Nobody’s ever had that.”Trump’s number was characteristically inflated: the number of judges he has placed on district- and circuit-court benches and the supreme court totals 214 (out of 865 total); a Ginsburg replacement would make 215.But Trump was exactly right that “nobody’s ever had that” many appointees to the bench so quickly – meaning that no president has done more to shape the future of American life under the law on issues from discrimination claims to marriage equality to gun control.Trump is trying to boost Republican turnout in the election by communicating that the fate of the landmark Roe v Wade supreme court ruling protecting abortion rights is on the line, said Nan Aron, president of the progressive Alliance for Justice advocacy group.“Republicans have long seized on the judiciary as a reliable tool to galvanize their base before an election,” Aron said. “It strikes me at this point it’s a desperate measure on the part of this administration, to appeal to their voters to actually go to the polls.” More

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      in US Politics

      US justice department seeks to defend Trump in lawsuit tied to rape allegation

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      The US justice department is seeking to take over Donald Trump’s defense in a defamation lawsuit from a writer who accused him of rape, and federal lawyers asked a court on Tuesday to allow a move that could put the American people on the hook for any money she might be awarded.After New York state courts turned down Trump’s request to delay E Jean Carroll’s suit, justice department lawyers filed court papers on Tuesday aiming to shift the case into federal court and to substitute the US for Trump as the defendant. That means the federal government, rather than Trump himself, might have to pay damages if any are awarded.The filing complicates, at least for the moment, Carroll’s efforts to get a DNA sample from the president as potential evidence and to have him answer questions under oath.Justice department lawyers argue that Trump was “acting within the scope of his office” when he denied Carroll’s allegations, made last year, that he raped her in a New York luxury department store in the mid-1990s. She says his comments – including that she was “totally lying” to sell a memoir – besmirched her character and harmed her career.“Numerous courts have recognized that elected officials act within the scope of their office or employment when speaking with the press, including with respect to personal matters,” the DoJ attorneys wrote.The White House echoed the argument. “Last year, the president vehemently denied allegations made by Jean Carroll about a supposed incident from some 25 years ago,” a senior White House official told the Guardian in a statement. “The president was acting within the scope of his office when he publicly responded to these false allegations.”Carroll’s lawyer, Roberta Kaplan, called their argument “shocking”.“Trump’s effort to wield the power of the US government to evade responsibility for his private misconduct is without precedent,” she said in an email to the Guardian.Carroll told the Guardian by email: “Today’s actions demonstrate that Trump will do everything possible, including using the full powers of the federal government, to block discovery from going forward in my case before the upcoming election to try to prevent a jury from ever deciding which one of us is lying.”It will be up to a federal judge to decide whether to keep the case in federal court and to allow the US to become the defendant.Carroll is trying to get a DNA sample from Trump to see whether it matches as-yet-unidentified male genetic material found on a dress that she says she was wearing during the alleged attack and didn’t wear again until a photo shoot last year.Her suit seeks damages and a retraction of Trump’s statements. More