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Tag: military crimes

  • Charges dropped against Afghan soldier who was detained seeking asylum at US border with Mexico | CNN Politics

    Charges dropped against Afghan soldier who was detained seeking asylum at US border with Mexico | CNN Politics

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    Washington
    CNN
     — 

    Criminal charges have been dropped against an Afghan national who served with the US military in Afghanistan and was apprehended after fleeing to the US by crossing the southern border with Mexico.

    Abdul Wasi Safi, called Wasi, served alongside US special operations forces in Afghanistan as an Afghan special forces soldier and fled the country after the US’ withdrawal was complete in August 2021. He traveled to the US on his own, and in September 2022 he was detained after he entered over the southern border from Mexico.

    Safi’s case has drawn the attention of veteran groups and US lawmakers who pushed for the charges to be dropped and the Biden administration to take action and grant him the right to stay in the country while he awaited a hearing on his asylum claim.

    Safi’s immigration attorney, Jennifer Cervantes, told CNN that he intended to seek asylum, but was unfamiliar with the reporting requirements and did not go to an established port of entry.

    “He didn’t understand that he needed to go to a port of entry to ask for asylum, otherwise this case would have been very different,” Cervantes said on Wednesday. “Wasi’s not from the southern border, he’s not from Latin America, and so he wasn’t really aware of how to actually present himself for asylum … He thought that he needed to apply as soon as he found a CBP (Customs and Border Protection) official to give him his documents, and that’s exactly what he did.”

    Safi was ultimately charged with failing to comply with reporting requirements, but court records show that the charges were dismissed by a Texas judge on Monday.

    The news was announced on Tuesday evening by Democratic Rep. Sheila Jackson Lee.

    “Mr. Safi came across the Rio Grande with a group of migrants after being beaten in another country and desperate to find a way to reach America to see freedom,” Jackson Lee said in a statement on Tuesday. “Unfortunately, his entry was at a non-port of entry and Mr. Safi has been held ever since in detention facilities. What happened over the last couple of weeks was a strategic and forceful effort to bring all agencies together to make the right decision for Mr. Safi.”

    Jackson Lee took a role in helping get the charges dropped by reaching out to leadership of US agencies to speak to Safi’s standing as an Afghan soldier and individual who worked alongside US forces, she told CNN on Wednesday.

    “I’m very grateful to the leadership of the Department of Defense who answered my call immediately and provided important and valuable information,” she said, though she declined to provide more details on what that assistance looked like.

    “I’m grateful to say thank you to my government,” Jackson Lee added. “Thank you to my president, and thank you to the leadership of the different agencies including the Department of Defense that really understood his plight and worked hard to ensure that we moved this process along.”

    Sami-ullah Safi, Wasi Safi’s brother who goes by Sami and who also worked alongside the US military in Afghanistan before he became a US citizen in July 2021, celebrated the news on Wednesday but told CNN he still has questions.

    “He came to the same country that he fought alongside, and to his surprise he was singled out and treated as a criminal. Is this how America treats its allies and those who sacrificed alongside Americans in Afghanistan?” Sami Safi said. “My service for the military should have been valued. My brother’s service to the military should have been valued.”

    According to a letter sent to President Joe Biden by a coalition of US veterans groups, Wasi Safi “served faithfully alongside US Special Operations Forces” and “continued to support the Northern resistance against the Taliban” during the US withdrawal in 2021. But as the Taliban consolidated power, it was clear Wasi Safi would be at extreme risk because of his work with the US special operations community.

    Sami Safi previously told CNN that his brother received “multiple voicemails” while he was still in Afghanistan that said his fellow Afghan service members were being captured and killed by the Taliban.

    So Wasi Safi began the journey to the US. The letter from the US veterans groups said that he “traveled on foot or by bus through 10 countries, surviving torture, robbery, and attempts on his life, to seek asylum in the United States from the threat on his life and expecting a hero’s welcome from his American allies.” Instead, he was apprehended by Border Patrol and has been in their custody since.

    And while the charges against him were dropped, the road for Wasi Safi and his brother is not over.

    Cervantes has requested that Customs and Border Patrol drops its retainer on Wasi Safi before he is transferred to Immigration and Customs Enforcement (ICE) custody. The detainer is “fairly common,” she said, because CBP “want him to be transferred to ICE and do a credible fear interview.”

    “Right now, we’re kind of going back and forth between CBP – I’m asking CBP to release their detainer and actually issue him an OAR parole (an immigration status for Afghan migrants), which is what the United States issues to most Afghans that they brought in because I think that’s the right thing to do in this case,” Cervantes said. “However, if they don’t do that, he’ll be transferred to ICE custody, and we’ll be trying to get him released from ICE.”

    She added that she doesn’t have “any doubt” that Wasi Safi will be able to pass the credible fear interview.

    “We’ll hopefully be able to get him released from all custody here shortly,” Cervantes said, “and that the government will really see not only his service to the United States – Wasi worked in counterterrorism, so he was trying to prevent terrorist attacks. So not only will they hopefully see that, but also again the threat to his life.”

    Sami Safi said his brother’s immigration status is the next hurdle that he is going to start working on immediately.

    “The biggest challenge that I have to now start working on would be his immigration status – what status America is willing to give him with all his sacrifice,” he said.

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  • Sexual assaults in the US military increased by 1% last year | CNN Politics

    Sexual assaults in the US military increased by 1% last year | CNN Politics

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    CNN
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    The US military saw a 1% increase in sexual assaults last year, according to the Pentagon’s latest annual report.

    There were 7,378 reports of sexual assault against service members in 2022, according to the Fiscal Year 2022 Annual Report on Sexual Assault in the Military, released on Thursday. That is up from 7,260 reports of assault in 2021.

    All of the services aside from the Army saw an increase in reports from last year, officials said during a briefing on the report on Thursday: the Navy, Marine Corps, and Air Force saw a 9%, 3.6%, and 13% increase in reports, respectively. The Army, meanwhile, saw a 9% decrease.

    Overall, the number of reports of assault has consistently increased in the military since 2010.

    And while the Defense Department is working through implementing dozens of recommendations from an independent review commission on sexual assault, officials said commanders and service members on the ground still have a responsibility to do their part.

    “At the end of the day, we can only do so much at the headquarters level,” Beth Foster, director of the Office of Force Resiliency, told reporters. “But, you know, really, this is on our commanders, on our [non-commissioned officers], our frontline leaders to make sure that they are addressing this problem. And, you know, the Secretary says … we need to lead on that. And that that is for at every level of the department.”

    In addition to the 7,378 reports of assault that occurred during military service in 2022, there were also 797 Defense Department civilians who reported being assaulted by service members, and 580 service members who reported being assaulted before their military service.

    The report released Thursday looks at the number of sexual assault reports, as opposed to a separate report the Pentagon releases every other year that estimates the total number of service members experiencing sexual assault. Ideally, the Defense Department has said a sign of progress would be seeing the number of reports go up, while the prevalence of sexual assault go down.

    However, the 2021 prevalence survey – released August 2022 – showed an in increase in how many service members were estimated to have experienced assault. The Pentagon estimated that 35,875 service members experienced unwanted sexual contact in 2021.

    Also, within the report released on Thursday was data showing a decrease in how many cases of assault, which had evidence that supported the charges, were referred to court-martial by commanders. Only 37% of cases were referred to court-martial in 2022, which falls in line with a steady decrease over the last 10 years.

    Instead, there has been an increase in cases that are dealt with through administrative action and discharges of offenders. Dr. Nate Galbreath, the deputy director for the Defense Department’s Sexual Assault Prevention and Response Office, told reporters on Thursday that the decrease in court-martials is in part because of support being provided to victims of military sexual assault.

    “One of the things that we’ve seen year after a year since 2015, with the addition of the Special Victims Counsel program – which are attorneys that represent victims throughout the military justice process – is that victims have made it abundantly clear that they would like to help see the department hold their offenders appropriately accountable, but they’d like to do it through nonconfrontational means, and that’s essentially what we see in the percentages with administrative actions and discharges and non-judicial punishment,” Galbreath said.

    He added, however, that the decrease in taking sexual assault cases to court is also due to victims not having faith in the military justice system to handle their cases appropriately.

    The military services’ newly appointed Special Trial Counsels, who are appointed officers that report directly to the service secretaries and have exclusive authority to prosecute sexual assault cases, will be charged with restoring “that perception of fairness back into the system.”

    Ultimately, officials reiterated that while work is ongoing, the ongoing trend of sexual assault isn’t going to change “overnight.”

    “We certainly, if we could flip a switch and make this change instantly, we would,” Foster said. “But we know this is going to take some time.”

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  • Ron DeSantis is campaigning on his record. Judges keep saying it’s unconstitutional | CNN Politics

    Ron DeSantis is campaigning on his record. Judges keep saying it’s unconstitutional | CNN Politics

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    CNN
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    Gov. Ron DeSantis has toured the country calling Florida the place “where woke goes to die.” But it’s still alive at the company Sara Margulis runs.

    At Honeyfund, a website for engaged couples to create gift registries that can pay for their honeymoons, Margulis’ Florida employees learn about privilege and institutional racism. Margulis, the CEO and co-founder, said the training makes her staff better suited to serve couples of any background. Planning for this fall’s employee retreat is underway, with a session scheduled on DEI – or diversity, equity and inclusion, a term DeSantis often rails against.

    DeSantis tried to ban such employee training in 2022, when the Florida Republican championed what he called the Stop WOKE Act. But Honeyfund and others sued on the grounds that the law violated their free speech. A federal judge agreed and blocked it from going into effect. The DeSantis administration then appealed – one of many of the governor’s ongoing legal battles as he pursues the presidency.

    “Companies aren’t ‘going woke’ out of allegiance to Democrats. Time after time, diversity has proven to be good for the bottom line,” Margulis said. “Valuing diversity means understanding it, understanding means training and training means having to deal with this law. We were really handed a chance to make a difference for other business owners by challenging it, and we took it.”

    In his early outreach to Republican voters as a presidential candidate, DeSantis has portrayed himself as a fighter and, crucially, a winner in the cultural battles increasingly important to conservatives. If elected to the White House, he’ll take those fights to Washington, he has said.

    “I will go on offense,” DeSantis said in Iowa last month. “I will lean into all the issues that matter.”

    But back in Florida, the agenda at the centerpiece of his pitch remains unsettled. Still ongoing are more than a dozen legal battles testing the constitutionality of many of the victories DeSantis has touted on the campaign trail. Critics say DeSantis has built his governorship around enacting laws that appeal to his conservative base but that, as a Harvard-trained lawyer, he knows are unconstitutional and not likely to take effect.

    In addition to halting parts of the Stop WOKE Act, judges have also intervened to freeze implementation of other DeSantis-led laws cracking down on protesters and Big Tech. The six-week abortion ban he signed this year – which he has called the “heartbeat bill” when speaking to conservative, and especially evangelical, audiences – won’t take effect unless the state Supreme Court determines that a privacy clause in Florida’s constitution doesn’t protect access to the procedure. Disney – the most famous of DeSantis’ political adversaries – has argued in court that the governor overstepped his power when he orchestrated a takeover of the entertainment giant’s special taxing district to punish the company for speaking out against his agenda. So did Andrew Warren, the twice-elected Tampa prosecutor whom DeSantis suspended last year in another act of political retaliation.

    DeSantis has repeatedly predicted he will ultimately prevail in these challenges. Bryan Griffin, a spokesman for his campaign, called the lawsuits “the tactics of activists who seek to impose their will on people by judicial fiat.”

    “These attempts to circumvent the will of the legislature are not indicative of anything beyond the failure of the left’s ideas at the ballot box,” Griffin said in a statement. “Governor DeSantis is a proven fighter who will bring the same temerity to the presidency.”

    Recent weeks, though, have seen a handful of reminders that several pillars of his record remain fragile even as they figure prominently in his stump speeches.

    On Friday, a federal judge blocked a new Florida law that gave the DeSantis administration the power to shut down bars or restaurants that admit children to certain “adult live performances,” widely seen as a crackdown on drag shows.

    Another federal judge said Wednesday that Florida could not restrict transgender adults on Medicaid from receiving gender-affirming care. The same judge earlier this month had stepped in to allow three transgender children to receive puberty blockers while a lawsuit seeking to overturn a state ban on the treatment proceeds. In both rulings, the judge said there was “no rational basis” to prevent the care and declared “gender identity is real,” casting doubts on the future of the state’s prohibition.

    DeSantis, as a presidential candidate, has seized on conservative concerns over such treatment, particularly for minors. His efforts to halt it – including signing a law that prohibits transgender children from receiving gender-affirming treatments and punish doctors who run afoul of it – are prominently featured in his stump speeches. Speaking to North Carolina Republicans after the ruling, the governor acknowledged the legal fight, but he assured the audience: “We are going to win.”

    “It is mutilation, and it is wrong, and it has no place in our state,” he said.

    DeSantis of late has also taken credit for the GOP’s narrow US House majority, noting the highly partisan map he pushed through his state legislature, which ultimately helped Republicans net four critical seats. But those suing Florida to invalidate the state’s congressional boundaries have new reason for optimism after the US Supreme Court ordered Alabama officials to redraw its map to allow an additional Black-majority district. The DeSantis map was similarly criticized as diminishing the power of minority voters in Florida.

    “Many of the things coming from the governor are form over function,” said Cecile Scoon, president of the League of Women Voters of Florida, one of plaintiffs in the redistricting lawsuit. “They want to get to a certain result, so they find a means to do it, whether it makes logic or legal sense or not.”

    The US District Court for the Northern District of Florida has in particular stymied DeSantis’ agenda. Two judges on the bench, Mark Walker and Robert Hinkle, have repeatedly ruled against the governor, often punctuating their opinions with harsh and colorful repudiations.

    Walker, in one ruling blocking parts of the Stop WOKE Act, compared Florida’s treatment of the First Amendment under DeSantis to the “Upside Down,” the nightmare alternative dimension from the Netflix series “Stranger Things.” In another lawsuit over the law, this one filed by college professors, Walker called the law “dystopian” and wrote that DeSantis and Florida Republicans had “declared the state has unfettered authority to muzzle its professors in the name of ‘freedom.’”

    Hinkle, in January, chided DeSantis’ suspension of Warren as political, unconstitutional and executed with “not a hint of misconduct,” though he ultimately ruled he was powerless to intervene. Warren is appealing, though he suffered another defeat when the state Supreme Court on Thursday rejected a separate request to reinstate him.

    Ruling this month against the state in the two cases dealing with transgender care prohibition, Hinkle called the law “an exercise in politics, not good medicine.”

    “Nothing could have motivated this remarkable intrusion into parental prerogatives other than opposition to transgender status itself,” he wrote.

    DeSantis has shrugged off these defeats as the work of left-leaning judges. President Barack Obama nominated Walker to his district court judgeship in 2012, and Hinkle was selected by President Bill Clinton in 1996. Neither nomination drew objection from Senate Republicans at the time.

    When Walker ruled to block Florida’s anti-riot law – comparing it to past attempts to squash dissent from Civil Rights activists in the 1950s and 60s – DeSantis dismissed it as “a foreordained conclusion in front of that court.”

    “We will win that on appeal,” DeSantis said. “I guarantee we’ll win that on appeal.”

    That assurance came 21 months ago. In the meantime, the law has yet to take effect.

    Dana Thompson Dorsey, a professor of education law, was among seven Florida college professors who sued to block the Stop WOKE Act over provisions that limited how she and her colleagues could talk about race and sex with students. She called Walker’s decision halting the law a “work of art.”

    Since then, she has continued to teach critical race studies to her doctoral students at the University of South Florida, while DeSantis has taken his fight against the concept national. But despite winning injunctive relief, she remains troubled by the new environment for higher education under DeSantis.

    “There is a lot at stake and it’s not just for those of us brave enough to be plaintiffs,” she said. “The idea of telling adults what they can and cannot learn is unfathomable. The students who become our future leaders will repeat our mistakes if they don’t understand the past.”

    While legal challenges have prevented DeSantis from fully realizing his vision for Florida, the uncertainty has not always benefited opponents and the plaintiffs suing to block his agenda.

    Abortions after 15 weeks have paused in most cases in Florida while providers await a ruling on the state’s ban. Andrew Warren remains out of office. Transgender care providers are in uncertain territory – Hinkle’s limited rulings provided relief but only for those who sued the state.

    The League of Women Voters of Florida is taking the state to court over new restrictions on third-party voter registration. Fines for violating the law could cost as much as $250,000 a year and the organization has asked for a preliminary injunction to prevent its enforcement. In the meantime, the league decided it would no longer collect and turn in voter registration forms, pausing for now a practice that has been central to its civic outreach for more than 75 years.

    “That’s a very sad and horrible result, but we cannot figure out a way to protect ourselves without that major change,” Scoon said.

    DeSantis has also managed to maneuver when legal challenges have threatened to stymie his efforts, thanks to a closely aligned Republican-led legislature.

    When a lawsuit accused the governor of breaking state law when he sent two planes carrying migrants from San Antonio, Texas, to Martha’s Vineyard, Massachusetts, lawmakers helped change the law to allow him to do so. His administration recently orchestrated the transport of migrants from El Paso, Texas, to California.

    After several individuals arrested last year for voter fraud by DeSantis’ new election security force had their cases dismissed, lawmakers again tweaked the law to try to make it easier for the state to secure convictions.

    DeSantis and Florida Republicans have signaled they intend to keep fighting in court, too. The budget DeSantis signed earlier this month included $16 million for legal battles underway and the ones to come.

    “We will never surrender to the woke mob,” the governor recently told an audience in Greenville, South Carolina. “We are going to leave woke ideology in the dustbin of history where it belongs.”

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