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

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

    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

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    US judge asks if Michael Flynn should be held in contempt for perjury

    Emmet Sullivan shows reluctance to let justice department drop prosecution of ex-Trump aide Michael Flynn, a former US national security adviser, leaves the district court in Washington after a sentencing hearing. Photograph: Joshua Roberts/Reuters A US judge has signalled reluctance to allow the Department of Justice to drop its criminal prosecution of Michael Flynn, tasking […] More

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    Michael Flynn: judge pauses justice department effort to dismiss case

    Order paves way for legal experts to oppose Trump administration motion to exonerate former adviser Michael Flynn at a Trump campaign event in 2016. Photograph: Mike Segar/Reuters A federal judge has put the justice department’s decision to dismiss a criminal case against Michael Flynn, Donald Trump’s former national security adviser, on hold – opening the […] More