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  • Opinion: Top secrets come spilling out | CNN

    Opinion: Top secrets come spilling out | CNN

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    Editor’s Note: Sign up to get this weekly column as a newsletter. We’re looking back at the strongest, smartest opinion takes of the week from CNN and other outlets.



    CNN
     — 

    In 1917, British analysts deciphered a coded message the German foreign minister sent to one of his country’s diplomats vowing to begin “unrestricted submarine warfare” and seeking to win over Mexico with a promise to “reconquer the lost territory in Texas, New Mexico and Arizona” if the US entered the world war. When it became public, the Zimmerman Telegram caused a sensation, helping propel the US into the conflict against Germany.

    “Never before or since has so much turned upon the solution of a secret message,” wrote David Kahn in his classic 1967 history of secret communications, “The Codebreakers.” The Germans had taken great pains to keep their intentions confidential, and the codebreakers in London’s “Room 40” had to do a lot of work to decipher the telegram.

    Their efforts stand in stark contrast to the ease with which secrets came tumbling out of a Pentagon intelligence network when 21-year-old Massachusetts Air National Guard cyber specialist Jack Teixeira allegedly posted hundreds of documents on a Discord chatroom known as “Thug Shaker Central.” The disclosures likely won’t start a war, but they could prove extremely damaging to the US and several of its allies, including Ukraine.

    Teixeira is one of more than one million people who have Top Secret clearance. “The Pentagon has already started taking steps to limit the number of people who have access to such sensitive information,” wrote Brett Bruen, a former US diplomat and Obama administration official. “But much more can be done. … Why do so many people, especially those working short stints in government, have access to information that can shape the fate of nations and their leaders?”

    Writing in the Financial Times, Kori Schake saw “some good news.”

    “While specific details will be incredibly valuable to Russia and other adversaries, these are not bombshell revelations: journalists had already reported Ukrainian ammunition running low; peace talks between Moscow and Kyiv were never likely; allies have long been aware that the US eavesdrops on them; and the disparaging assessment of Ukraine’s forthcoming offensive may prove no more accurate than previous predictions were.” These will not prove as damaging as the Edward Snowden and Chelsea Manning disclosures.

    But, she warned, “Technology making data ever more portable, distribution more global and communications more bespoke will make it easier to amass information and distribute it — either privately or publicly.”

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    In less than a week, the two Democrats expelled from the Tennessee House for their participation in a gun control protest were sent back to office by local officials.

    Writing for CNN Opinion, Rep. Justin Pearson noted, “This should be a chastening moment for revanchist forces in Tennessee’s legislature and across the country. Over the long haul, the undemocratic machinations employed to oust us from office are destined to fail. Dr. Martin Luther King, Jr. once famously said that the moral arc of the universe bends toward justice. Events this week demonstrated, more than ever, that this is indeed the case…”

    “Over two-thirds of Americans — including four out of 10 Republicans — support the kind of common sense gun safety laws that Rep. Jones, Rep. Johnson and I were protesting in favor of, in the wake of the senseless March 27 Covenant School massacre.”

    “And yet, calls for common sense gun reform measures fall on deaf ears in our legislature where a Republican supermajority is wildly out of step with most people’s values.”

    The politics of gun control have shifted, argued Democratic strategist Max Burns. The NRA’s internal struggles have weakened its influence while Democrats in office, who once feared touching the issue of guns, are increasingly speaking out. And they are making some progress in enacting new state laws, Burns noted.

    “The American people decisively support Democratic proposals for addressing the scourge of gun violence. Political watchers who criticized Democrats for talking too much about abortion during the 2022 midterm elections later ate crow after that once-dreaded culture war topic topped the list of voter concerns nationally…

    “Biden and the Democrats have the rare opportunity to build yet another winning coalition out of an issue once viewed as political poison.”

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    On Friday, the Supreme Court issued an order that temporarily ensured access to a key drug used in many medication abortions. The move gave the justices more time to consider the issue after a Texas federal judge suspended the US Food and Drug Administration’s approval of the abortion pill 23 years ago.

    “If abortion opponents are successful, access to the pill — reportedly used in more than half of abortions in the United States — will be severely undercut,” wrote Michele Goodwin and Mary Ziegler.

    “Beyond the dangerous precedent this sets for challenges to other important FDA-approved drugs that some political factions don’t like, the case is an alarming expression of the way right-wing activists are using junk science to bypass the will of the American public and restrict abortion…”

    “There are no grounds for challenging mifepristone’s approval, especially 23 years after the fact. The drug received extensive review — more than four years — before FDA approval. Moreover, claims that mifepristone threatens the health of those who take it are unfounded. The drug has a better safety record for use than Viagra and penicillin. Notably, it was available and used for years without incident in Europe.”

    In 1986, Nicholas Daniloff, the Moscow bureau chief for US News & World Report, was seized by Soviet authorities and locked up in Lefortovo prison. He was the last American journalist to be arrested in Russia before last month’s detention of Wall Street Journal correspondent Evan Gershkovich, who like Daniloff, speaks Russian fluently. Gershkovich has been charged with espionage but US officials have concluded that he was “wrongfully detained.”

    As David A. Andelman noted, Daniloff’s detention in prison lasted for 13 days before he was put under house arrest and then eventually swapped for an accused Soviet spy. In a conversation with Andelman, Daniloff recalled his reaction when he was imprisoned. “I felt claustrophobic, and I felt like I wanted to get out of there immediately. Of course, there was no chance of that. The door slams, and you have all these thoughts and feelings that run through you, and then you settle down and you realize you’re going to be hanging around that cell for some time.”

    Gershkovich’s family in Philadelphia received a letter, handwritten in Russian, from the reporter Friday.

    “I want to say that I am not losing hope,” he noted. “I read. I exercise. And I am trying to write. Maybe, finally, I am going to write something good.”

    The Amazon series “The Marvelous Mrs. Maisel” returns this month for its fifth and final season — and David Perry is here for it. The series brings back memories of visiting his grandparents Irma and Mordy in their “tiny rent-controlled Greenwich Village apartment,” an experience that helped shape his Jewish identity.

    “As a Jewish historian,” Perry wrote, “I worry about the tension between preserving the memory of past hardships while not locking our entire history into a tale of oppression. The moments of peace and joy are as vital as the moments of violence. In fact, it’s the periods of peace, of success, of interfaith community, that reveal the terrible truth about the violence: it wasn’t inevitable. People could have made different choices…”

    “A show like ‘The Marvelous Mrs. Maisel’ lets me revel in my personal New York Jewish heritage while also getting a little break from all the worry. It’s a warm, funny, sexy, extremely Jewish …. comedy that hits me straight in my glossy childhood memories. That isn’t to say the show isn’t also problematic — it most certainly is.”

    In the latest installment of CNN Opinion’s “Little Kids, Big Questions” series, 10-year-old Ronan wonders if animals are capable of being smarter than humans. With the help of the John Templeton Foundation, which is partnering on the project, the answer came from Jane Goodall, world renowned for her work with chimpanzees.

    “One of the attributes of intelligence is the ability to think and solve problems. In the early 1960s, I was told that this was unique to humans, and only we could use and make tools, only we had language and culture,” Goodall said. “But more and more research has proved that many animals are excellent at solving problems. Many use tools, and many show cultural differences. Some scientists believe that whales and dolphins are communicating with what may be a real language.”

    “Although the difference between humans and other animals is simply one of degree, our intellect really is amazing. …bees can count and do math, and that just shows how much we still have to learn about animal intelligence. But humans can calculate the distance to the stars.”

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    Earlier this month, a Texas jury convicted Daniel Perry of murder for fatally shooting a Black Lives Matter protester in 2020. The jury deliberated for 17 hours and decided Perry’s action couldn’t be excused under the state’s “stand your ground” law. Prosecutors argued Perry had instigated the incident and they introduced into evidence messages that suggested the shooting was not a spur-of-the-moment act but a premeditated one.

    On the evening of the jury verdict, Fox News host Tucker Carlson criticized the decision and told viewers he had invited Texas Gov. Greg Abbott on the show to ask if he would consider pardoning Perry. Others on the right called for Abbott to issue a pardon, and the governor soon responded with an announcement that he would do just that, as long as the Texas Board of Pardons and Paroles recommended that Perry should be granted one.

    “Trial verdicts are determined by judges and juries,” wrote Dean Obeidallah. “What Abbott is doing is not just wrong, it’s dangerous. His pardon, when it comes, is not what the rule of law looks like.”

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    Two of the likeliest candidates for president in 2024 haven’t officially committed yet.

    President Joe Biden says he intends to run again but has delayed making a formal announcement. And Florida Gov. Ron DeSantis is making all the moves a presidential contender usually makes, including hawking his new book and visiting New Hampshire, but he hasn’t joined fellow Republicans including former President Donald Trump, former UN Ambassador Nikki Haley and former Arkansas Gov. Asa Hutchinson in declaring.

    “DeSantis, who was neck and neck with the former president just a few months ago, may have lost a step or two in more recent polling. But his track record of successful governance in Florida should force GOP voters to think long and hard about what version of their party they want to put forward,” observed Patrick T. Brown.

    “A third Trump presidential nomination would indicate that Republican primary voters may prefer style over substance. But if they are serious about not just making liberals mad but advancing actual policy, GOP voters should consider other names, starting with the Florida governor.”

    Even without an official announcement by the president, wrote Julian Zelizer, the Biden-Harris campaign is very much under way. “By choosing to lie low while Republicans are gearing up for 2024, Biden is employing his version of what has become known as the ‘Rose Garden Strategy,’ whereby the incumbent campaigns by focusing on the business of being president and showing voters that he is the responsible figure in the race.”

    “The president’s understated strategy makes room for Republicans to stoke chaos, tear each other apart and make unforced errors while he remains above the fray for as long as possible. This strategy makes the GOP the focus of the election, allowing Biden to reinforce his message from 2020: do voters want someone who will govern and act in a serious manner or do they want a circus?”

    Gene Seymour: I am betting on Cousin Greg. But I am not a serious person (Spoiler alert)

    Frida Ghitis: Amid fallout of Macron-Xi meeting, another world leader tries his luck

    Michael Bociurkiw: How the battle for Bakhmut exposed Russia’s ‘meat-grinder’

    Peggy Drexler: Sen. Dianne Feinstein’s dilemma is a reminder of this universal question

    Christopher Howard: The overlooked problem with raising the retirement age for Social Security

    Elliot Williams: The justice system Trump and other white-collar defendants see is different than what most accused criminals get

    Phoebe Gavin: The hard lessons I learned the first time I was laid off

    Meg Jacobs: ‘Air’ celebrates those who do the hard work and get rewarded

    AND…

    Jill Filipovic recently took a domestic flight in South Africa. “Passengers and airport staff alike were friendly and polite. The airplane seat offered enough room for both of my legs and both of my arms. We took off on time and landed early. My shoes stayed on the whole time I was at the airport.”

    It was a vivid reminder of what’s possible in air travel — and of what’s usually lacking.

    Take the security system: “More than 20 years after Sept. 11, 2001, only passengers who pay for the privilege can avoid removing their shoes and laptops from their bags by submitting their personal information ahead of time and undergoing background checks.”

    Filipovic added, “Admittedly, I do pay — I don’t want to wait in a long security line, walk my stocking feet through a metal detector and have to un- and re-pack the MacBook I’ve carefully crammed into my carry-on. But the existence of pay-to-play shorter-line security options like Clear and TSA Pre-Check make clear that it is indeed possible to pre-screen a critical mass of passengers to avoid the morass of cranky people trying to pull on their shoes while re-packing their electronics.”

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  • Suspect charged in Pentagon documents leak case | CNN Politics

    Suspect charged in Pentagon documents leak case | CNN Politics

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    CNN
     — 

    The suspect in the leak of classified Pentagon documents posted on social media has been charged with unauthorized retention and transmission of national defense information and unauthorized removal of classified information and defense materials.

    Jack Teixeira, a 21-year-old airman with the Massachusetts Air National Guard, made his first appearance in federal court in Boston Friday morning following his arrest by the FBI in North Dighton, Massachusetts, on Thursday.

    According to charging documents, Teixeira held a top secret security clearance and allegedly began posting information about the documents online around December 2022, and photos of documents in January.

    Teixeira’s arrest came a week after the initial public disclosure that the classified material had been posted online to a small Discord group, a social media platform popular with gamers. The documents, some of which have been reviewed by CNN, included a wide range of highly classified information, including eavesdropping on key allies and adversaries and blunt assessments on the state of the Ukraine war.

    Teixeira is believed to be the head of an obscure invite-only Discord chatroom called Thug Shaker Central, multiple US officials told CNN, where information from the classified documents was first posted months ago.

    Magistrate Judge David Hennessy informed Teixeira of the charges he’s facing and scheduled a detention hearing for Teixeira on Wednesday. He will remain detained until then. Teixeira did not enter a formal plea.

    Teixeira entered the courtroom wearing a tan shirt and pants from the detention center, as well as hiking boots. He entered the courtroom in shackles, though his hands were uncuffed before he sat down at the defense table.

    The Boston courtroom was full, including three people sitting on a bench reserved for family. When Teixeira entered the courtroom, he did not look at his family members.

    Teixeira spoke quietly during the hearing, whispering “yes” as the judge informed him of his rights as a criminal defendant.

    As the hearing ended, a man in the courtroom shouted, “Love you, Jack.” Teixeira did not look back, but responded, “you too, Dad.”

    Teixeira has held a Top Secret clearance since 2021, according to the affidavit unsealed Friday. He also “maintained sensitive compartmented access (SCI) to other highly classified programs,” the affidavit says. Many of the leaked documents posted on the online server Discord were marked Top Secret.

    At least one of the documents he allegedly posted was accessible to him by virtue of his employment with the Air National Guard, the affidavit says.

    According to a user of the Discord served interviewed by the FBI, Teixeira began posting information in December 2022, according to the affidavit, and began posting photos of documents around January 2023.

    The unnamed individual who spoke to the FBI said that Teixeira told him that he was concerned about making the transcription at work so “he began taking the documents to his residence and photographing them.”

    Teixeira also allegedly searched a classified government database for the word “leak” on April 6, when reports began emerging publicly of classified information being posted online.

    “Accordingly, there is reason to believe that TEIXEIRA was searching for classified reporting regarding the U.S. Intelligence Community’s assessment of the identity of the individual who transmitted classified national defense information, to include the Government Document,” the affidavit says.

    Investigators narrowed in on the potential members of the chat group with evidence collected following the discovery of the classified documents online. Teixeira was under surveillance for at least a couple of days prior to his arrest by the FBI on Thursday, according to a US government source familiar with the case.

    Four Discord users active in a different Discord chatroom where the documents later appeared told CNN the documents began circulating on Thug Shaker. Another user who was in the Thug Shaker chatroom told CNN they saw the original posts of classified documents but declined to speak further about them.

    Discord, which is not named in the affidavit but was previously identified by CNN, gave the FBI information on Wednesday about the account that had allegedly been posting the documents.

    Teixeira used his real name and home address in North Dighton, Massachusetts, for the billing information associated with his Discord account, the affidavit says.

    Teixeira was an Airman First Class in the Massachusetts Air National Guard, where he worked as a low-ranking IT official.

    In his role as a Cyber Transport Systems journeyman, Teixeria would have been working on a network that carried highly classified information, according to a defense official, which is why he needed a security clearance.

    Several former high school classmates of Teixeira’s told CNN Thursday that he had a fascination with the military, guns and war. He would sometimes wear camouflage to school, carried a “dictionary-sized book on guns,” and behaved in a way that made some fellow students feel uneasy.

    “A lot of people were wary of him,” said Brooke Cleathero, who attended middle school and high school with Teixeira. “He was more of a loner, and having a fascination with war and guns made him off-putting to a lot of people.”

    Teixeira grew up in the suburbs of Providence, Rhode Island, according to public records. He attended Dighton-Rehoboth High School where he graduated in 2020, according to the superintendent of the regional school district.

    Teixeira didn’t behave in a manner that rose to the level where “people felt the need to report him,” another former classmate said, but “he made me nervous.”

    The same student said she took his fascination with the military as a form of American nationalism, and was therefore surprised by the allegations against him. “I didn’t think he would be capable of doing something like this,” she said.

    Defense Secretary Lloyd Austin said Thursday that he is directing a review of intelligence access following Teixeira’s arrest.

    The Pentagon is still conducting a damage assessment of the disclosure of the classified material, which could be used as evidence against Teixeira.

    President Joe Biden, who hinted at the coming arrest while in Ireland on Thursday, was briefed regularly on the investigation as it proceeded over the past week, according to a US official.

    Biden was also briefed regularly on the efforts by his top officials to engage with allies who have been identified within, or unsettled by, the content of the leaked information, one official said.

    Before the arrest on Thursday, Biden downplayed the impact of the leaked documents. “I’m concerned that it happened, but there is nothing contemporaneous that I’m aware of that is of great consequence,” he told reporters.

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  • Analysis: Fox News is about to enter the true No Spin Zone | CNN Business

    Analysis: Fox News is about to enter the true No Spin Zone | CNN Business

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    CNN
     — 

    This is it.

    The media defamation trial of the century is on the precipice of kicking off in Wilmington, Delaware, in just days.

    Jury selection in Dominion Voting Systems’ monster $1.6 billion defamation lawsuit took place all of Thursday, with 300 potential jurors being summoned to court. Good progress was made and the presiding judge noted that there were “more than enough jurors” to start the trial as scheduled on Monday.

    It is there, in Courtroom 7E, where the biggest figures in Murdoch Media, accompanied by a throng of high-powered lawyers, will attempt to mount their defense after repeatedly failing to convince a judge to toss the now-historic case.

    A version of this article first appeared in the “Reliable Sources” newsletter. Sign up for the daily digest chronicling the evolving media landscape here.

    It’s, frankly, extraordinary to write those words. When I watched Fox News broadcast election lies in the aftermath of the 2020 election, never did I expect the network to be held accountable in a meaningful way.

    I’ve covered Fox News for a while now. I’ve watched thousands and thousands of hours of the right-wing channel’s programming. I’ve seen its hosts over the years undermine public health, make gross anti-immigrant remarks, peddle lies and propaganda and push deranged conspiracy theories that were once reserved for the right-wing’s furthest fringes.

    The network has always seemed to find a way to sail through the controversy, even the most hellish storms it has faced. Sometimes it has emerged even stronger and more emboldened than before.

    But this time is different. This time, the normal tricks the network turns to during times of crisis will not free it from trouble. This time, in a court of law, the network will need to put forward an honest, fact-driven argument.

    Fox News is about to enter the true No Spin Zone, where deception is strictly prohibited. Where it is not in charge. And where its top executives like Rupert Murdoch and Suzanne Scott and hosts like Tucker Carlson and Sean Hannity cannot simply ignore a request for comment and resort to, instead, attacking “the media” on-air.

    In this setting, where lies cannot be casually told and truth cannot be distorted beyond reality to fit a dishonest narrative, it will be fascinating to see how the network fares. If the pre-trial hearings are any indicator, it won’t be pretty. The case hasn’t even started and the presiding judge has already lost his patience with Fox’s legal team and put them on notice.

    Perhaps the winds will shift for Fox News when the judge gavels in the trial on Monday. But if they play out like the last few weeks of court have, Fox News is in for a brutal ride.

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  • Minneapolis reaches settlements in 2 suits alleging then-officer Derek Chauvin used excessive force years before George Floyd’s killing | CNN

    Minneapolis reaches settlements in 2 suits alleging then-officer Derek Chauvin used excessive force years before George Floyd’s killing | CNN

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    CNN
     — 

    The city of Minneapolis has reached settlements totaling more than $8.8 million in two civil lawsuits that accuse former police officer Derek Chauvin of using excessive force in two incidents that happened nearly three years before he killed George Floyd during an arrest.

    The plaintiffs, John Pope and Zoya Code – both Black – said Chauvin restrained them on the ground with his knee on their necks, a move similar to the one he would later deploy on Floyd and which was determined be a contributing factor in his death.

    Chauvin was sentenced to more than 20 years in prison for Floyd’s 2020 murder, during which the former officer knelt on the 46-year-old Black man’s neck for more than nine minutes as he cried out, “I can’t breathe.”

    The Minneapolis City Council unanimously voted Thursday to approve a $7.5 million settlement in Pope’s case and a $1.375 million in Code’s case, the city said in a release.

    Their lawsuits alleged that the Minneapolis Police Department’s failure to intervene in Chauvin’s pattern of excessive force ultimately led to Floyd’s killing. The two suits collectively named seven other Minneapolis police officers who were present during the arrests as defendants.

    “Derek Chauvin is exactly where he should be, which is in federal prison,” Minneapolis Mayor Jacob Frey said during a media conference on Thursday. “He should have been fired in 2017. He should have been held accountable in 2017. … If the supervisors had done the right thing, George Floyd would not have been murdered.”

    Frey went on to apologize to Pope, Code and any others who have “experienced this kind of egregious conduct at the hands of Derek Chauvin.”

    The attorney who represented Pope and Code, Bob Bennett, said Thursday that problem far exceeds Chauvin.

    “Beware the ease of blaming Chauvin alone. While he is a blunt instrument of police brutality and racism, he could never flourish in a police agency that lived up to its mission statement,” Bennett said in a statement.

    They urged people to “focus instead on the MPD rank and file who supported Chauvin with their unquestioning obedience, failure to intervene to stop his heinous acts, and their failure to report them per policy and human conscience.”

    Minneapolis Police Chief Brian O’Hara apologized Thursday to Pope and Code and called Chauvin “a national embarrassment to the policing profession.”

    “This is an example of the cancer that has infected this department,” O’Hara said. “Today is not a day for excuses or attempts at justification. The notion that we are dealing with the bad actions of one employee is false. We are dealing with the ugly consequences stemming from a systemic failure within the Minneapolis Police Department that has allowed for, and at times encouraged, unjust and brutal policing.”

    The US Department of Justice launched a federal civil investigation into the Minneapolis Police Department’s practices in April 2021.

    CNN has attempted to reach out to Chauvin’s attorney for comment.

    Code encountered Chauvin on June 25, 2017, when he and another officer responded to a call in which Code’s mother reported her daughter assaulted her, the lawsuit states.

    While in the home, the officers forced Code to the ground and handcuffed her “without incident,” according to the lawsuit. Chauvin then carried her out of the house by her arms, which were handcuffed behind her back, it says.

    “Outside the residence, Defendant Chauvin gratuitously slammed Zoya’s unprotected head on the ground. Then he immediately took his signature pose, kneeing on the back of Zoya’s neck,” the lawsuit states. The city said in its Thursday release that Chauvin knelt on her for several minutes, even after she had been restrained by a hobble.

    Chauvin later lied about the encounter in his police report and “left out critical information about the interaction,” the city said.

    Code’s experience was “strikingly similar” to that of Pope, who was 14 years old at the time of his September 4, 2017 arrest, their attorneys said.

    While responding to a domestic dispute call, Chauvin repeatedly struck Pope in the head with a metal flashlight and pinned him to the floor with his knee on Pope’s upper back and neck for more than 15 minutes, the lawsuit states.

    “Many significant details in the officers’ reports are not consistent with what happened,” during their interaction with Pope that day, the city said.

    That encounter led to a federal civil rights indictment against Chauvin, who pleaded guilty to all charges in December 2021, admitting to using “unreasonable and excessive force.”

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  • Judge in Proud Boys case denies mistrial motion after jurors report being followed | CNN Politics

    Judge in Proud Boys case denies mistrial motion after jurors report being followed | CNN Politics

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    CNN
     — 

    The federal judge overseeing the trial of five Proud Boys members who are accused of plotting to storm the US Capitol on January 6, 2021, denied a mistrial motion on Thursday after jurors reported being followed and confronted in public.

    In late March, several jurors reported two incidents in which they were approached outside the courthouse by members of the public, District Judge Timothy Kelly said in a sealed proceeding Thursday that was inadvertently streamed to a media room in the Washington, DC, federal courthouse. CNN reported last week that one juror believed she was being followed.

    Kelly denied a mistrial motion from all five defendants, saying that every member of the jury was questioned about the interactions and confirmed they could still judge the case fairly. Kelly also denied motions from the defendants to strike the jurors who said they had been confronted, adding that “none of the jurors expressed a concern that any of this would affect their jury service.”

    Kelly said that he instructed the jury to disregard those interactions, and that “when I read this instruction to the jury, I watched many of them nod as if to say, ‘Okay, let’s get on with the case.’”

    The ruling ends a dayslong argument over how to handle the alleged incidents involving a total of four jurors who were approached in public, the latest in a series of mishaps that have plagued the trial.

    Kelly described the interactions in detail during the under-seal proceeding, bringing to light additional information about the incidents. A coalition of media outlets, including CNN, previously fought for access to the sealed arguments, but Kelly denied that request.

    In one instance, three jurors were walking away from the courthouse when they were approached by a man on a bike, Kelly said. The man began discussing a trial he was watching at the courthouse, and while it is not clear if he mentioned the Proud Boys defendants by name, the man said that the case was interesting and called a recent defense witness “crazy.”

    “The individual did not say that he knew they were jurors,” Kelly said.

    The three jurors told Kelly that they thought the incident was “odd” and “weird,” but didn’t become concerned until they saw the same man sitting in the courtroom the next day, looking at them and whispering to someone else in the gallery. One juror told Kelly that seeing the man gave her a “weird feeling.”

    In another instance, Kelly said that a juror reported seeing the same man at a metro stop on four separate occasions. The first time she saw the man, the juror said that he asked her if she was serving on a jury but did not mention any case specifically.

    Kelly said the issue was referred to the US Marshals, who went to the metro station to find him and watched the man walk into a nearby homeless shelter. Kelly also saw two pictures of the man and said that “from my view of the photos, it was certainly plausible he was homeless.”

    The juror who was approached at the metro stop told Kelly that she “did not feel intimidated by this,” he added.

    After issuing his ruling Thursday, Kelly was informed by a courtroom staff member that video of the proceeding was being streamed elsewhere in the courthouse. Kelly then had the video stream cut, saying that “there is nothing we can do at this point. Let’s have them shut it off now.”

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  • JPMorgan executives knew about sex abuse claims against then-client Jeffery Epstein, court filing alleges | CNN Business

    JPMorgan executives knew about sex abuse claims against then-client Jeffery Epstein, court filing alleges | CNN Business

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    New York
    CNN
     — 

    A new court filing alleges JPMorgan Chase executives were aware of sex abuse and trafficking allegations against its then-client Jeffrey Epstein, several years before the financial institution cut ties.

    The latest complaint, part of a lawsuit against the bank filed by the attorney general for the US Virgin Islands (USVI), adds an additional count alleging that JPMorgan obstructed federal law enforcement and prosecuting agencies pursuing Epstein.

    “JP Morgan’s relationship with Epstein in allowing his sex-trafficking venture to access large sums of cash each year went far beyond a normal (and lawful) banking relationship,” the filing says, adding that bank executives were also aware of potentially suspicious cash withdrawals.

    Epstein, 66, was a client of the financial institution until 2013. He was found dead in a New York prison in August 2019.

    Epstein was awaiting trial on federal charges accusing him of operating a sex trafficking ring from 2002 to 2005 at his Manhattan mansion and his Palm Beach estate, in which he paid girls as young as 14 for sex.

    The new complaint against JP Morgan, filed Wednesday, comes days after its CEO Jamie Dimon sat down with CNN’s Poppy Harlow in an exclusive interview.

    Dimon told Harlow that “hindsight is a fabulous gift,” when asked whether the bank should have acted sooner after Epstein entered a guilty plea to soliciting prostitution with a minor in Florida in 2008.

    A JP Morgan spokesperson declined to comment to CNN about the newly filed complaint, which was part of the lawsuit filed in December.

    Attorneys for JP Morgan have denied the allegations. They accused the USVI government of looking for “deeper pockets,” according to court filings.

    The amended complaint details internal email exchanges and documents, alleging several examples that refute Dimon’s suggestion that the financial institution needed “hindsight” regarding Epstein.

    According to the filing, JPMorgan executive Mary Erdoes “admitted in her deposition that JPMorgan was aware by 2006 that Epstein was accused of paying cash to have underage girls and young women brought to his home.”

    “Mary Erdoes testified that JP Morgan terminated Epstein as a customer in 2013 after she became aware that the withdrawals were ‘actual cash,’” the filing alleged. Erdoes’ deposition was taken last month.

    In addition, the filing claims that the JPMorgan Rapid Response Team noted in 2006 that Epstein “routinely” made cash withdrawals in amounts from $40,000 to $80,000 several times per month, totaling over $750,000 per year. Officials concluded that year that “his account ‘should be classified as high risk’ and require special approval.”

    Internal emails quoted in the filing show JP Morgan employees including senior executives discussed coverage of the Epstein allegations for years after 2006 until he was terminated as a client seven years later. High level bank officials also met about Epstein’s account and the allegations against him as far back as 2008, according to the court filing.

    In 2010, the company’s risk management division flagged Epstein’s official status as a sex offender. That was two years after he pleaded guilty to solicitation of prostitution with a minor in 2008 and spent about 13 months in prison.

    “See below new allegations of an investigation related to child trafficking – are you still comfortable with this client who is now a registered sex offender,” according to an email in the newly unredacted portions of the court filing.

    Ghislaine Maxwell, a longtime confidante of Epstein’s who was also a JP Morgan client, was flagged in 2011 by the bank’s anti-money laundering compliance director when she allegedly sought to open an account for a “personal recruitment consulting business.”

    “What does she mean by personal recruitment? Are you sure this will have nothing to do with Jeffrey? If you want to proceed, I suggest that we flag this as a High Risk Client,” the director wrote in an internal email.

    Also that year, a senior compliance official reviewing JP Morgan’s information on Epstein called him a “sugar daddy,” noting his sponsorship of private bank accounts and credit cards for two 18-year-olds “that appear to be part of his inner entourage,” the lawsuit says.

    Last month, a federal district judge presiding over the case in Manhattan ruled that the lawsuit against JPMorgan could move forward, partially denying the bank’s motion to dismiss the suit.

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  • Rival rulings on medication abortion hypercharge the post-Roe legal war | CNN Politics

    Rival rulings on medication abortion hypercharge the post-Roe legal war | CNN Politics

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    CNN
     — 

    A pair of conflicting federal court rulings on Friday created arguably the most contentious and chaotic legal flashpoint over abortion access since the Supreme Court’s ruling last summer that overturned Roe v. Wade and ended the right to an abortion nationwide.

    Within less than an hour, two major rulings came down in separate, closely watched cases concerning medication abortion – in lawsuits that are completely at odds with each other.

    In one case, filed by anti-abortion activists in Texas, a judge said the FDA’s 2000 approval of mifepristone – one of the drugs used to terminate a pregnancy – should be halted. But the court paused its ruling for a week so that it can be appealed, and that appeal is already under way.

    In the second case, where Democratic-led states had sued in Washington to expand access to abortion pills, a judge ordered the federal government to keep the drug available in the 17 states, plus the District of Columbia, that brought the lawsuit.

    On their face, both cases deal with the administrative law that controls how the US Food and Drug Administration goes about regulating mifepristone. The disputes did not rely directly on the question of whether there is a right to an abortion – the question that was at the center of the Supreme Court’s ruling last June. But tucked in the Texas ruling, by US District Judge Matthew Kacsmaryk, was the idea that embryos could have individual rights that courts can consider in their rulings.

    Both cases emerge from a political environment that was unleashed by the Supreme Court’s Roe v. Wade reversal and a willingness to push the legal envelope that the Supreme Court ruling created. The abortion issue is now on a path back to the Supreme Court, as higher courts are asked to sort out the contradictory commands of Friday night’s decisions.

    Because the Texas judge has paused his ruling, it has no immediate impact on the availability of medication abortion drugs. But the next several days stand to be a dramatic and combustible legal fight over the order – a fight ratcheted up by the rival ruling in Washington.

    Besides pausing his ruling for one week, Kacsmaryk – an appointee of former President Donald Trump who sits in Amarillo, Texas – seemed to hold nothing back as he ripped apart the FDA’s approval of mifepristone and embraced wholeheartedly the challengers’ arguments the drug’s risks weren’t adequately considered.

    Kacsmaryk, whose anti-abortion advocacy before joining the federal bench was documented by a recent Washington Post profile, showed a striking hostility to medication abortion, which is the method used in a majority of the abortions in the United States.

    Leading medical organizations have already condemned his opinion and pushed back at the judge’s analysis of the safety of medication abortion.

    The judge said that the FDA failed to consider “the intense psychological trauma and post-traumatic stress women often experience from chemical abortion,” in what was a repeated invocation of “chemical abortion,” the term preferred by abortion opponents. Kacsmaryk suggested that the FDA’s data was downplaying the frequency with which the drug being mistakenly administered to someone who had an ectopic pregnancy, i.e. a pregnancy outside the cavity of the uterus. He repeated the challengers’ accusations that the FDA’s approval process had been the subject of improper political pressure.

    He said the FDA’s refusal to impose certain restrictions on the drug’s use “resulted in many deaths and many more severe or life-threatening adverse reactions.”

    “Whatever the numbers are, they likely would be considerably lower had FDA not acquiesced to the pressure to increase access to chemical abortion at the expense of women’s safety,” he said.

    Jack Resneck Jr., the president of the American Medical Association, said in a statement that Kacsmaryk’s ruling “flies in the face of science and evidence and threatens to upend access to a safe and effective drug.”

    “The court’s disregard for well-established scientific facts in favor of speculative allegations and ideological assertions will cause harm to our patients and undermines the health of the nation,” the AMA president said.

    Kacsmaryk’s opinion paid no heed to the argument made by the FDA’s defenders that cutting off access to medication abortion would put the health of pregnant people at risk and that it would force abortion seekers to terminate their pregnancies through a surgical procedure instead.

    Instead, the judge wrote that a ruling in the challengers’ favor would ensure “that women and girls are protected from unnecessary harm and that Defendants do not disregard federal law.”

    As he explained why the preliminary injunction – which was being handed down before the case could proceed to a trial – was justified, he said that embryos had their own rights that could be part of the analysis. That assertion goes farther than what the Supreme Court said in its June ruling, known as Dobbs v. Jackson Women’s Health.

    “Parenthetically, said ‘individual justice’ and ‘irreparable injury’ analysis also arguably applies to the unborn humans extinguished by mifepristone — especially in the post-Dobbs era,” Kacsmaryk said Friday.

    Whereas Kacsmaryk had been asked by the challengers in Texas to block medication abortion, US District Judge Thomas Owen Rice, who sits in Spokane, Washington, was considering whether abortion pills should be easier to obtain.

    Rice, an Obama appointee, granted the Democratic attorneys general who brought the lawsuit a partial win.

    They had asked Rice to remove certain restrictions – known as REMS or Risk Evaluation and Mitigation Strategy – the FDA has imposed on mifepristone, with the blue states arguing the drug was safe and effective enough to make those restrictions unnecessary.

    While Rice is rejecting that bid for now, he granted a request the states also made that the FDA be ordered to keep the drugs on the market. But Rice’s ruling only applies in the 17 plaintiff states and the District of Columbia.

    His decision maintains the status quo for the availability of abortion pills in those places and he specifically is blocking the agency from “altering the status quo and rights as it relates to the availability of Mifepristone under the current operative January 2023 Risk Evaluation and Mitigation Strategy.”

    Rice’s opinion was a striking split screen to Kacmsaryk’s. While the Texas judge said the FDA did not adequately take into account the drug risks, Rice showed sympathy to the arguments that the rules for mifepristone’s use were too strict and that the agency should be taking a more lenient approach to how the abortion pill is regulated.

    Ultimately, he said he would not grant the Democratic states’ request that he remove some of the drug restrictions at this preliminary stage in the proceedings, because that would go well beyond maintaining the status quo while the case advances. He noted that if he had granted that request, it would also undo a new FDA rule that allows pharmacies to dispense abortion pills. That would reduce its availability and would run “directly counter to Plaintiffs’ request.”

    If Kacsmaryk’s ruling halting mifepristone’s approval is allowed to go into effect, it will run headlong into Rice’s order that mifepristone remain available in several states. Kacsmaryk’s ruling is a nationwide injunction.

    The Justice Department and Danco, a mifepristone manufacturer that intervened in the case to defend the approval, both filed notices of appeal. Both Attorney General Merrick Garland and Danco said in statements that in addition to the appeals, they will seek “stays” of the ruling, meaning emergency requests that the decision is frozen while the appeal moves forward.

    They’re appealing to the US 5th Circuit Court of Appeals, which is sometimes said to be the country’s most conservative appeals court. Yet some legal scholars were skeptical that the 5th Circuit, as conservative as it is, would let Kacmsaryk’s order take effect.

    Washington, where the blue states’ lawsuit was filed, is covered under the 9th Circuit, a liberal appellate court. But it’s unclear if the ruling from Rice will be appealed. Garland said the Justice Department was still reviewing the decision out of Washington. A so-called circuit split would increase the odds that the Supreme Court would intervene. But given how the practical impact of the two district court rulings contradict each other, the Supreme Court may have no choice but to get involved.

    The lawyer for the challengers in the Texas case, anti-abortion medication associations and doctors, said Friday evening that he had not reviewed the Washington decision, so he could not weigh in on how it impacted Kacsmaryk’s order that the drug’s approval be halted.

    “I’m not sure whether there’s a direct conflict yet and with the Washington state decision just because I haven’t read it yet, but there may not be a direct conflict,” Erik Baptist, who is an attorney with Alliance Defending Freedom, said. “But if there is a direct conflict then there may be – it may be inevitably going to the Supreme Court, but I’m not convinced that it’s necessary at this point to make that conclusion.”

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  • House Oversight Committee quietly issues several new subpoenas as part of Biden family probe | CNN Politics

    House Oversight Committee quietly issues several new subpoenas as part of Biden family probe | CNN Politics

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    CNN
     — 

    House Oversight Chairman James Comer has quietly issued several subpoenas for documents and bank records as part of the Republican-led investigation into the financial dealings of President Joe Biden’s family, according to an internal memo shared among Democrats on the panel.

    The memo, obtained by CNN, reveals new details about the subpoenas issued by Comer as part of the ongoing probe, which has stoked the ire of Democratic members who have accused the Kentucky Republican of covertly investigating business dealings by the president’s son, Hunter Biden.

    “This memorandum serves to ensure that Committee Democrats have access to all relevant information, including the six document subpoenas issued to date,” it says.

    The memo comes a day after the committee’s top Democrat, Maryland Rep. Jamie Raskin, criticized committee Republicans for “shielding information” related to the panel’s investigations. House rules mandate that committee materials are shared between the majority and minority.

    “Committee Republicans’ decision to conduct this probe behind a veil of secrecy runs counter to the Committee’s traditional commitment to transparency and raises serious questions about the integrity of the investigation,” Democrats wrote in the memo.

    According to the Democrats’ memo, subpoenas have been sent to: Bank of America, Cathay Bank, JPMorgan Chase, HSBC USA N.A and Mervyn Yan, a former business associate of Hunter Biden. In most cases the subpoenas to the banks span 14 years and relate to six individuals and 10 different entities, House Democrats say. The business entities covered by the subpoenas include several with ties to China and the energy sector, according to those listed in the memo.

    The subpoena to HSBC was initially sent, and later reissued, after the bank requested an updated cover page, according to a person familiar with the matter. A spokesperson for HSBC declined to comment.

    CNN has reached out to JP Morgan Chase & Co., and an email address associated with Mervyn Yan for comment.

    “Cathay Bank, a NASDAQ-listed, U.S. financial institution for over 60 years, has cooperated with the House Committee on Oversight and Accountability’s request for information,” said a bank spokesperson. “The bank intends to continue to cooperate with the committee.”

    CNN first reported on Comer’s subpoena for Bank of America in March to compel the bank to turn over records relating to three of Hunter Biden’s business associates.

    The six subpoenas listed do not include “friendly” subpoenas Comer has issued to some witnesses, including former Twitter employees, who have testified before the committee.

    “Despite their vast efforts, Committee Republicans have failed to identify any evidence connecting President Biden to or implicating him in the foreign transactions under investigation,” according to the memo from Democrats.

    Comer slammed the Democrats’ memo in a statement on Friday. “Ranking Member Raskin has again disclosed Committee’s subpoenas in a cheap attempt to thwart cooperation from other witnesses,” Comer said. “No one should be fooled by Ranking Member Raskin’s games. We have the bank records, and the facts are not good for the Biden family.”

    Democrats also laid out what they called “inconsistencies” among the investigations that Comer and the panel’s Republican members are interested in pursuing, arguing they are only interested in probing the Biden family, but not do want to investigate similar issues pertaining to former President Donald Trump and his family.

    “To date, Chairman Comer has issued six subpoenas and sent 39 letters in the Biden family investigation alone. Notably, Mr. Comer has failed to issue a single document subpoena in any other Committee investigation this Congress,” Democrats wrote.

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  • Chipotle accuses Sweetgreen of trademark infringement over its ‘chipotle chicken’ bowl | CNN Business

    Chipotle accuses Sweetgreen of trademark infringement over its ‘chipotle chicken’ bowl | CNN Business

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    New York
    CNN
     — 

    Chipotle Mexican Grill is suing rival Sweetgreen for trademark infringement over the latter’s recently released salad bowl.

    In a lawsuit filed Tuesday, Chipotle said that Sweetgreen’s “Chipotle Chicken Burrito Bowl” is being marketed in a “very similar and directly competitive” manner that is similar to Chipotle’s chicken burrito bowl. Sweetgreen released the salad last week, with a press release saying the new menu item uses “chipotle spices.”

    Chipotle argues that the Sweetgreen salad not only has similar ingredients, including chicken, a grain base (i.e. rice) and black beans, but also took issue with Sweetgreen’s marketing because it accuses its rival of “making prominent use of the famous Chipotle trademark” in ads.

    Sweetgreen said it is aware of Chipotle’s lawsuit, but it doesn’t comment on pending litigation.

    The salad chain’s shares fell more than 10% on the news Wednesday.

    Chipotle also accused Sweetgreen of using a “font nearly identical” to Chipotle’s on its website promoting the new salad. Some of Sweetgreen’s ads also use color that’s “nearly identical” to Chipotle’s trademarked Adobo Red.

    In a statement to CNN, Chipotle said it is “committed to protecting our valuable trademarks and intellectual property,” adding that “consistent with that, we will take appropriate actions whenever necessary to protect our rights and our brand.”

    Chipotle

    (CMG)     said in its lawsuit that it reached out to Sweetgreen to stop and didn’t receive a response, claiming that Sweetgreen “continued its infringing conduct.” It suggested that Sweetgreen alter the name of its new bowl by using the word chipotle in lower case and re-naming it as a “chicken bowl with chipotle.”

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  • DOJ reaches tentative $144.5 million settlement with victims of Sutherland Springs church mass shooting | CNN

    DOJ reaches tentative $144.5 million settlement with victims of Sutherland Springs church mass shooting | CNN

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    CNN
     — 

    The US Department of Justice on Wednesday announced it had reached an “agreement in principle” to settle claims from the November 2017 mass shooting at a Sutherland Springs, Texas, church for $144.5 million, according to a news release.

    A federal court in 2021 ruled the US government was liable for damages caused by the shooting, in which 26 people were killed and 22 others wounded. The Air Force, a judge concluded, failed to exercise reasonable care when it didn’t submit the shooter’s criminal history to the FBI’s background check system, which increased the risk of physical harm to the general public.

    A court must still approve some parts of the settlements, the DOJ release said.

    “No words or amount of money can diminish the immense tragedy of the mass shooting in Sutherland Springs,” Associate Attorney General Vanita Gupta said. “Today’s announcement brings the litigation to a close, ending a painful chapter for the victims of this unthinkable crime.”

    This story is breaking and will be updated.

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  • Media organizations, including CNN, seek unsealing of Trump indictment and ask to broadcast Tuesday proceedings | CNN Politics

    Media organizations, including CNN, seek unsealing of Trump indictment and ask to broadcast Tuesday proceedings | CNN Politics

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    Washington
    CNN
     — 

    Several media outlets, including CNN, have asked a New York judge to unseal the grand jury indictment against former President Donald Trump. The news organizations are also asking for permission to broadcast Trump’s expected appearance in a Manhattan courtroom on Tuesday for his arraignment on the charges.

    In their letter Friday seeking to make the indictment public, the media outlets told Judge Juan Merchan – who is slated to preside over the historic proceedings – that “the right of access is at its zenith when applied to the first ever indictment of a former U.S. president.”

    The New York Times, The Washington Post and The Wall Street Journal are among the outlets making the request.

    “And no higher values are served by keeping the indictment under seal. Aside from the fact that a former U.S. president is not a flight risk, maintaining the indictment under seal, despite the public disclosure of its existence, only fuels speculation as to its contents. Full disclosure of the indictment will enhance both the general public’s and the parties’ right to an accurate public understanding of the charges,” the request said. “As such, former President Trump’s indictment should be unsealed without delay.”

    If the judge does not grant the media outlets’ unsealing request, it is expected that the indictment will be made public when Trump appears in court Tuesday.

    With their request to broadcast those proceedings, the media outlets told the court that “the gravity of this proceeding – the unprecedented and historic arraignment of a former U.S. President – and, consequently, the need for the broadest possible public access, cannot be overstated.”

    The news organizations are asking for a “limited number of photographers, videographers, and radio journalists to be present at the arraignment,” and said in the letter that they are making “this limited request for audio-visual coverage in order to ensure that the operations of the Court will not be disrupted in any way.”

    “The News Organizations stand ready to work cooperatively with the Court to ensure that the public have an opportunity to observe this monumental and historical proceeding,” the media outlets said, while proposing that the court hold a hearing on the matter if it would helpful to making a decision.

    Merchan is expected to issue an order Monday on camera access in the courtroom for Trump’s Tuesday arraignment. On Sunday, he invited lawyers for Trump and for the Manhattan District Attorney’s Office to submit by 1 p.m. Monday any concerns or objections to the media outlets’ request to broadcast the arraignment.

    Trump faces more than 30 counts related to business fraud in the indictment. The investigation by the Manhattan District Attorney’s Office began when Trump was still in the White House and relates to a $130,000 payment made by his then-personal attorney Michael Cohen to adult film star Stormy Daniels in late October 2016, days before the presidential election, to silence her from going public about an alleged affair with Trump a decade earlier.

    Trump has denied the affair.

    This story has been updated with additional information.

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  • Meet the judge presiding over Trump’s criminal arraignment | CNN Politics

    Meet the judge presiding over Trump’s criminal arraignment | CNN Politics

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    CNN
     — 

    When Donald Trump enters a New York courtroom on Tuesday, he’ll face a seasoned judge who is no stranger to the former president’s orbit.

    Acting New York Supreme Court Judge Juan Merchan has sentenced Trump’s close confident Allen Weisselberg to prison, presided over the Trump Organization tax fraud trial and overseen former adviser Steve Bannon’s criminal fraud case.

    But Trump’s historic arraignment on Tuesday will perhaps be Merchan’s most high-profile case to date, even after a long career atop the state-level trial court.

    Merchan has been described by observers as a “tough” judge, yet one who is fair, no matter who is before him.

    Here’s what you need to know.

    Trump’s arraignment is likely to be a spectacle with a show of law enforcement and with the former president already fanning the flames on social media with his views on Merchan and his indictment.

    But in the courthouse, Merchan does not stand for disruptions or delays, attorneys who have appeared before him told CNN, and he’s known to maintain control of his courtroom even when his cases draw considerable attention.

    “Judge Merchan was efficient, practical, and listened carefully to what I had to say,” Nicholas Gravante, the attorney who represented Weisselberg in his plea, said via email.

    “He was clear in signaling his judicial inclinations, which helped me tremendously in giving Mr. Weisselberg informed legal advice. Judge Merchan was always well-prepared, accessible, and – most importantly in the Weisselberg matter – a man of his word. He treated me and my colleagues with the utmost respect, both in open court and behind closed doors.”

    Karen Friedman Agnifilo, a private practice attorney who previously worked as the chief assistant district attorney in the Manhattan District Attorney’s Office, supervising cases Merchan presided over, echoed that sentiment.

    “[Merchan] doesn’t let the prosecutors or the defendants create any issues in his courtroom. He doesn’t let a media circus or any other kind of circus happen. I don’t think Donald Trump attacking him and threatening him is going to bode very well for him in the courtroom,” Agnifilo said.

    “The judge is the kind of judge where he will ignore it and not hold it against Donald Trump. He’s not vindictive in any way like that.”

    Merchan showed some of his tough side when Weisselberg was sentenced, telling the former Trump associate that if he had not already promised him a five-month sentence, he would have handed him a “much greater” sentence after having listened to evidence at trial.

    When he presided over Bannon’s criminal fraud case, Merchan chastised the former Trump aide’s new team of attorneys for delaying the case when they asked for more time to review new evidence.

    In addition to the Trump cases, Merchan has also presided over other high-profile cases, including the “soccer mom madam” trial, in which he set a $2 million bond for suburban mom Anna Gristina, who was charged with running a $2,000-an-hour escort service for the wealthy, Bloomberg News reported.

    Merchan also handed a 25-years-to-life sentence to a Senegalese man who raped and murdered his girlfriend.

    Trump attorney Timothy Parlatore said during an interview Friday on CNN that Merchan was “not easy” on him when he tried a case before him, but echoed that the judge likely will be fair.

    “I’ve tried a case in front of him before. He could be tough. I don’t think it’s necessarily going to be something that’s going to change his ability to evaluate the facts and the law in this case,” Parlatore said.

    Merchan, however, is also credited by his peers for having helped create the Manhattan Mental Health Court, which he often presides over and where he has earned a reputation for “compassionate” rulings that give defendants second chances.

    “I watched a colleague of mine try a shooting case where someone got shot, so he’s able to try those very serious violent crimes and then switch,” said Brendan Tracy, a criminal defense attorney who previously served as an assistant district attorney in the Manhattan District Attorney’s Office.

    “Maybe someone who was a serial shoplifter and then charged with grand larceny and is in mental health treatment court because they had mental health issues, he was able to handle the wide range of cases and do them all fairly,” Tracy added.

    Still, Earl Ward, a trial attorney and chair of public defender nonprofit The Bronx Defenders, said that having watched Merchan preside over cases in the Mental Health Court, the judge often sided with prosecutors.

    “He’s fair and his rulings are consistent with the law, but if it’s a close call, his reputation is that he lands on the prosecution’s side,” Ward said.

    Merchan launched his legal career in 1994 when he started off as an assistant district attorney in the trial division in the Manhattan District Attorney’s Office. Several years later, he moved on to the state attorney general’s office, where he worked on cases in Long Island.

    In 2006, New York Mayor Michael Bloomberg, then a Republican, appointed Merchan to Family Court in the Bronx, and Democratic Gov. David Paterson appointed him to the New York State Court of Claims in 2009, the same year he began serving as an acting New York Supreme Court Judge.

    Born in Bogota, Colombia, Merchan emigrated to the United States at the age of 6 and grew up in the New York City neighborhood of Jackson Heights, Queens, according to a New York Times profile of the judge. He was the first in his family to go to college. t

    Merchan initially studied business at Baruch College in New York before he dropped out of school to go work only to return several years later to finish school so that he could get his law degree, the Times reported.

    He eventually received his law degree from Hofstra University.

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  • US Justice Department sues Norfolk Southern following train derailment in East Palestine | CNN

    US Justice Department sues Norfolk Southern following train derailment in East Palestine | CNN

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    CNN
     — 

    The US Justice Department filed a civil lawsuit against Norfolk Southern Thursday, alleging violations of the Clean Water Act (CWA) and seeking damages over the train derailment and subsequent environmental disaster in East Palestine, Ohio, in February.

    The Norfolk Southern Railway Company and parent company Norfolk Southern Corporation are both named in the suit, court records show. The DOJ filed the lawsuit on behalf of the Environmental Protection Agency.

    The DOJ says the lawsuit seeks “injunctive relief, cost recovery, and civil penalties” for violations of the CWA, including discharges of pollutants and hazardous materials into waters, and under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

    Norfolk Southern says its focus is on making “progress every day cleaning up the site, assisting residents whose lives were impacted by the derailment, and investing in the future of East Palestine and the surrounding areas,” according to a statement sent to CNN from the company’s spokesperson, Connor Spielmaker, on Friday.

    “We are working with urgency, at the direction of the US EPA, and making daily progress,” the statement said. “That remains our focus and we’ll keep working until we make it right.”

    On February 3, a Norfolk Southern train derailed, igniting a dayslong inferno, spewing poisonous fumes into the air, killing thousands of fish and leaving residents to wonder if it was safe to live in East Palestine, Ohio.

    The fiery derailment prompted fears of a catastrophic explosion of vinyl chloride – a highly flammable chemical linked to an increased risk of cancer. After a mandatory evacuation order, crews released vinyl chloride into a trench and burned it off – averting an explosion but spawning new health concerns.

    Officials said tests showed that the air and municipal water were safe and allowed residents to return home, but some have reported a variety of new health problems including rashes, nausea, bloody noses and trouble breathing.

    While studying the possible health impacts from the train derailment, seven US government investigators also briefly fell ill in early March, the US Centers for Disease Control and Prevention confirmed to CNN on Thursday.

    “Symptoms resolved for most team members later the same afternoon, and everyone resumed work on survey data collection within 24 hours. Impacted team members have not reported ongoing health effects,” a CDC spokesperson said in a statement.

    The train operator Norfolk Southern must handle and pay for all necessary cleanup, according to the Environmental Protection Agency. The company has sent some hazardous waste out of state – fueling more questions about safety.

    The DOJ isn’t the only one filing a lawsuit against the railroad. The state of Ohio also filed a 58-count federal lawsuit against the rail company on March 14, saying Norfolk Southern violated numerous state, federal and Ohio common laws and violated the state’s CERCLA act.

    Norfolk Southern has set up a new web page that summarizes community impact efforts. Spielmaker said it “provides a 7-day look ahead and is updated daily and outlines Norfolk Southern’s continued environmental remediation efforts in concert with state and federal authorities.”

    “When a Norfolk Southern train derailed last month in East Palestine, Ohio, it released toxins into the air, soil, and water, endangering the health and safety of people in surrounding communities,” Attorney General Merrick B. Garland said in a statement. “With this complaint, the Justice Department and the EPA are acting to pursue justice for the residents of East Palestine and ensure that Norfolk Southern carries the financial burden for the harm it has caused and continues to inflict on the community.”

    The Justice Department, citing annual company reports, alleges in the suit Norfolk Southern both increased operating income and dropped operating costs over the past four years, including making “reductions in spending to repair, service, and maintain locomotives and freight cars, perform train inspections, and pay engine crews and train crews.” The suit also alleges that these measures are a “focus” of the compensation of the company’s executives.

    The lawsuit claims when the train derailed and cars carrying hazardous materials were breached, the dispersion and subsequent combustion of those materials released toxic chemicals into the “air, soil, groundwater, and waterways.”

    The DOJ says seven local waterways including the Ohio River were contaminated as a result.

    The Ohio Department of Natural Resources reported “thousands of aquatic animals were killed in the five-mile span of waterway from the Site” to the confluence of two creeks the DOJ described as contaminated, the lawsuit says.

    DOJ is asking for $64,618 per day, per violation of the CWA and $55,808 per day or $2,232 per barrel of oil or unit of hazardous substance, per violation of the CWA – but it was not immediately clear from the suit how many days the DOJ considered the violation to be applicable.

    They’re also seeking a declaration of liability against the company for response costs; a mandated increase in safety precautions by Norfolk Southern when transporting hazardous materials; and for the railroad to “remedy, mitigate, and offset” the environmental damage and public health issues that have arisen as a result of the derailment, court documents show.

    In early March, Norfolk Southern CEO Alan Shaw told a US Senate hearing that the company would “clean the site safely, thoroughly, and with urgency.”

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  • Ex-Fox producer said she gave misleading testimony in Dominion case ‘to keep my job’ | CNN Business

    Ex-Fox producer said she gave misleading testimony in Dominion case ‘to keep my job’ | CNN Business

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    CNN
     — 

    Abby Grossberg, the former Fox News producer who accused the right-wing network of pressuring her into giving misleading testimony in the Dominion defamation case, told NBC News Thursday in her first TV interview that she was “bullied, intimidated and coerced” into protecting the right-wing network to keep her job.

    “It felt awful. I mean it felt terrible because I knew that I was bullied, intimidated, and coerced into saying that just to keep my job and stay at the company,” Grossberg told NBC.

    Asked why she did that, Grossberg said “Because I made the decision to keep my job so that I can keep paying my bills. It seemed like the safer decision for me at the time.”

    Her latest comments echo what she said last week in an interview with CNN’s Oliver Darcy, where she said she filed the lawsuit to protect her career and “expose the lies and deceit” that she says is rampant at the right-wing network.

    Fox News contests all of her allegations, and said in a prior statement that, “the assertion that Ms. Grossberg was coached or intimidated into being dishonest during her Dominion deposition is patently false.”

    Fox News also denies wrongdoing in the underlying Dominion case, and says it didn’t defame anyone.

    Last week, Grossberg filed explosive lawsuits in New York and Delaware accusing Fox News lawyers of pressuring her into providing misleading testimony in the Dominion case – testimony that would protect the network and its top talent. Since filing the lawsuit, she submitted new sworn testimony in the Dominion defamation case that undermines some of Fox’s defenses.

    She also claimed in her lawsuit that she had been subjected to a toxic and sexist work environment while at Fox News. The network has vehemently pushed back against these allegations.

    After filing the lawsuit, Grossberg was fired from Fox News. The right-wing network said in a statement that she violated corporate rules improperly exposed legally privileged information in her lawsuit.

    During Thursday’s interview, Grossberg said that she experienced harassment so severe that she thought about killing herself.

    “I reached a breaking point where the harassment was so bad that I called a crisis line,” Grossberg told NBC News. “I thought I could just walk in front of a car and I wouldn’t have to go to work tomorrow.”

    Describing the allegedly toxic workplace at the right-wing network, Grossberg said: “Women were objectified. It was a game. It was a sport. Female politicians who came on the show were mocked. There were debates about who they’d rather sleep with. C-word all the time.”

    A Fox News spokesperson didn’t offer any comment when asked about Grossberg’s mention of suicide. But the spokesperson denied Grossberg’s claims of workplace misogyny, saying her lawsuit was “riddled with false allegations against the network and our employees.” The spokesperson also noted that women are currently serving as the CEO of Fox News Media and the presidents of two of its networks.

    Fox News is no stranger to claims of workplace sexism. Fox News founder Roger Ailes, former primetime star host Bill O’Reilly and other men were forced out amid sexual harassment allegations, and the network has paid tens of millions to settle related lawsuits.

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  • Federal judge says insurers no longer have to provide some preventive care services, including cancer and heart screenings, at no cost | CNN Politics

    Federal judge says insurers no longer have to provide some preventive care services, including cancer and heart screenings, at no cost | CNN Politics

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    CNN
     — 

    A federal judge in Texas said Thursday that some Affordable Care Act mandates cannot be enforced nationwide, including those that require insurers to cover a wide array of preventive care services at no cost to the patient, including some cancer, heart and STD screenings, and tobacco programs.

    In the new ruling, US District Judge Reed O’Connor struck down the recommendations that have been issued by the US Preventive Services Task Force, which is tasked with determining some of the preventive care treatments that Obamacare requires to be covered.

    The decision applies to task force recommendations issued on or after March 23, 2010 – the day the Affordable Care Act was signed into law. While the group had recommended various preventive services prior to that date, nearly all have since been updated or expanded.

    O’Connor’s ruling comes after the judge had already said that the task force’s recommendations violated the Constitution’s Appointments Clause. The judge also deemed unlawful the ACA requirement that insurers and employers offer plans that cover HIV-prevention measures such as PrEP for free.

    Other preventive care mandates under the ACA remain in effect.

    The full extent of the ruling’s impact and when its effects could be felt are unclear.

    It is likely the case will be appealed, and the Justice Department has the option to ask that O’Connor’s ruling be put on pause while the appeal is litigated.

    The Justice Department did not immediately respond to a CNN request for comment, nor did the US Department of Health and Human Services.

    White House spokesperson Karine Jean-Pierre called the case “yet another attack on the Affordable Care Act” and said that DOJ and HHS were reviewing Thursday’s ruling.

    The decision, in a case brought by employers and individuals in Texas, represents the latest legal affront to the landmark 2010 health care law. It is unclear what immediate practical effect O’Connor’s new ruling will have for those with job-based and Affordable Care Act policies because insurance companies will likely continue no-cost coverage for the remainder of the contracts even though the Obamacare requirements in question have been blocked. Contracts often last one calendar year.

    O’Connor’s Thursday ruling is expected to kick off a new phase of the legal battle over Obamacare’s preventive care measures. The judge rejected other claims that the ACA’s foes brought against the law – including challenges to the entities that determine no-cost coverage mandates for vaccines, an assortment of women’s health preventive care treatments, and services for infants and children. It’s possible that the plaintiffs appeal those aspects of O’Connor’s handling of the case, which could put at risk coverage requirements for additional preventive services at no cost.

    A lawyer for the challengers did not respond to CNN’s inquiry about Thursday’s decision.

    O’Connor is a George W. Bush-appointee who sits in the Northern District of Texas and who has issued anti-Obamacare rulings in major challenges to the law in the past. An appeal of the current case would head to the 5th US Circuit Court of Appeals, perhaps the most conservative federal appeals court in the country.

    While the case does not pose the existential threat to the Affordable Care Act that previous legal challenges did, legal experts say that O’Connor’s ruling nonetheless puts in jeopardy the access some Americans will have to a whole host of preventive treatments.

    “We lose a huge chunk of preventive services because health plans can now impose costs,” said Andrew Twinamatsiko, associate director of the O’Neill Institute for National and Global Health Law at Georgetown University. “People who are sensitive to cost will go without, mostly poor people and marginalized communities.”

    Thursday’s ruling, if left standing, could have significant consequences for Americans nationwide by limiting access to key preventive services aimed at early detection of diseases, including lung and colorectal cancer, depression and hypertension.

    Some of the US Preventive Services Task Force’s recommendations – including lung and skin cancer screenings, the use of statins to prevent cardiovascular disease and the offer of PrEP for those at high risk of HIV – were issued after the ACA’s enactment.

    Certain older recommendations have been updated with new provisions, such as screening adults ages 45 to 49 for colorectal cancer.

    “It would effectively lock in place coverage of evidence-based prevention with no cost sharing from 13 years ago,” said Larry Levitt, executive vice president for health policy at the Kaiser Family Foundation.

    Some of the cost-sharing for these preventive services can be substantial. PrEP, for instance, can cost up to $20,000 a year, plus lab and provider charges, according to Kaiser.

    In an earlier ruling, the judge upheld certain free preventive services for children, such as autism and vision screenings and well-baby visits, and for women, such as mammograms, well-woman visits and breastfeeding support programs.

    O’Connor also upheld the mandate that provides immunizations at no charge for the flu, hepatitis, measles, shingles and chickenpox.

    These services are recommended by the Health Resources and Services Administration and the Advisory Committee on Immunization Practices.

    Insurers will have to continue to cover preventive and wellness services since they are one of the Affordable Care Act’s required essential health benefits. But under O’Connor’s ruling, they could require patients to pick up part of the tab.

    Insurers’ trade associations stressed there would be no immediate disruption to coverage.

    “It is vitally important for patients to know that their care and coverage will not change because of today’s court decision,” said David Merritt, senior vice president of policy and advocacy for the Blue Cross Blue Shield Association. “Blue Cross and Blue Shield companies strongly encourage their members to continue to access these services to promote their continued well-being. We will continue to monitor further developments in the courts.”

    More than 150 million people with private insurance can receive preventive services without cost-sharing under the Affordable Care Act, according to a 2022 report published by HHS.

    Overall, about 60% of the 173 million people enrolled in private health coverage used at least one of the ACA’s no-cost preventive services in 2018 prior to the Covid-19 pandemic, according to a recent Kaiser analysis. These include some services that will continue to be available at no charge under the judge’s ruling.

    The most commonly received preventive care includes vaccinations, not including Covid-19 vaccines, well-woman and well-child visits, and screenings for heart disease, cervical cancer, diabetes and breast cancer, according to Kaiser. The most commonly used preventive services will continue to be covered at no cost.

    Studies have shown the Obamacare mandate prompted an uptake in preventive services and narrowed care disparities in communities of color.

    “There’s plenty of evidence that people responded to this incentive and started using preventive care more often,” said Paul Shafer, assistant professor of health policy at Boston University.

    This story has been updated with additional details.

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  • The US case against Binance calls out one of the worst-kept secrets in crypto | CNN Business

    The US case against Binance calls out one of the worst-kept secrets in crypto | CNN Business

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    Editor’s Note: A version of this story appeared in CNN Business’ Nightcap newsletter. To get it in your inbox, sign up for free, here.


    New York
    CNN
     — 

    If you live in America, you’re not allowed to trade crypto derivatives. And if you’re a big international platform for trading crypto derivatives, you can’t let Americans trade those products if you haven’t registered with the boring-sounding but not-to-be-trifled-with federal regulator known as the Commodity Futures Trading Commission, or CFTC.

    Today, that regulator sued Binance, the world’s largest cryptocurrency exchange, for allegedly doing just that. (And if that name sounds familiar, it may because back in November, Binance briefly flirted with bailing out its smaller rival, FTX. Obviously, Binance took one look under the hood at FTX, now at the center of a massive federal fraud investigation, and promptly bailed.)

    Here’s the deal: The CFTC alleges that Binance and its CEO violated US trading laws by, among other things, secretly coaching “VIP” customers within the United States on how to evade compliance controls.

    The commission, which regulates US derivatives trading, said the company and its CEO, Changpeng Zhao, “instructed its employees and customers to circumvent compliance controls in order to maximize corporate profits.”

    Which, you know, isn’t something you want to be caught doing. The CFTC can’t bring criminal charges, but it can seek heavy fines and potentially ban Binance from registering in the US in the future.

    Binance said the lawsuit was “unexpected and disappointing,” adding that it has made “significant investments” in the past two years to ensure that US-based investors are not active on the platform.

    As news of the lawsuit broke Monday, Zhao, known as “CZ,” tweeted the number 4, pointing to a part of a previous statement: “Ignore FUD, fake news, attacks, etc.” (FUD is a commonly used acronym among crypto folks that stands for “fear, uncertainty, doubt.”)

    Binance has long argued that it isn’t subject to US laws because it doesn’t have a physical headquarters in America. Or anywhere, really — CZ claims that the company’s headquarters are wherever he is at any point in time, “reflecting a deliberate approach to attempt to avoid regulation,” according to the CFTC’s lawsuit.

    The CFTC’s lawsuit is certainly not great news for Binance, or for crypto more broadly. But it’s not quite the seismic event that was FTX’s collapse, or even the Terra/Luna meltdown. (You can read more about those here and here but, tl;dr: Those 2022 events were, to use a technical term, holy-crap-sell-everything-call-your-dad-and-cry moments for crypto investors.)

    Prices of bitcoin and ethereum, the two most popular cryptocurrencies, fell more than 3% Monday. Which is to say, it was just another day trading virtual currencies.

    Perhaps the most significant part of the lawsuit is the way the CFTC loudly calls out one of the worst-kept secrets in all of crypto: That not only are US customers gaining access to risky offshore crypto derivatives they shouldn’t be allowed to access, but it’s also pretty darn easy to do so. All anyone needs is a VPN and an iron stomach, because crypto derivatives are leveraged bets on wildly unstable assets. (And like everything in this newsletter, that shouldn’t be taken as any kind of advice.)

    The likely outcome, said Timothy Cradle, a crypto compliance and regulation expert at Blockchain Intelligence Group, will be that Binance ends up paying “hundreds of millions of dollars” in fines and will be prevented from registering a derivatives exchange in the future. That’s “a terminal blow for users of their service located in the US and a significant hit to Binance’s revenue” as the suit alleges US users make up 16% of the revenue for Binance’s derivatives product.

    Monday’s news adds yet another layer of regulatory scrutiny on crypto’s biggest players. The Internal Revenue Service and Securities and Exchange Commission are also reportedly also investigating Binance, per Bloomberg.

    Meanwhile, Coinbase, the largest US-listed crypto exchange, received a so-called Wells notice (typically a precursor to enforcement action) last week from the SEC for possible securities law violations.

    And just to pile on: The crypto industry earlier this month lost two of its biggest connections to the mainstream finance world — Silvergate and Signature Bank.

    All in all, not a great month for the industry that is perpetually straining credibility even when it’s hot. And right now, it is decidedly not.

    Enjoying Nightcap? Sign up and you’ll get all of this, plus some other funny stuff we liked on the internet, in your inbox every night. (OK, most nights — we believe in a four-day work week around here.)

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  • Idaho governor signs bill that restricts transgender students’ bathroom use in schools | CNN Politics

    Idaho governor signs bill that restricts transgender students’ bathroom use in schools | CNN Politics

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    Washington
    CNN
     — 

    Idaho Republican Gov. Brad Little signed a bill this week that prohibits transgender students in the state from using public school bathrooms that do not align with their gender assigned at birth.

    Senate Bill 1100, which takes effect July 1, requires public schools to provide separate male and female bathrooms, locker rooms, showers, dressing areas and overnight accommodations for students in the state. The restrictions do not apply to single-occupancy restrooms. The bill also requires reasonable accommodations to be made for students who are unwilling or unable to use multi-occupancy restrooms or changing facilities.

    “Requiring students to share restrooms and changing facilities with members of the opposite biological sex generates potential embarrassment, shame, and psychological injury to students,” the bill states.

    Under the law, students can take legal action against the schools in instances where they encounter people of the opposite sex using gendered facilities if the schools gave those people permission to use the facilities or failed to “take reasonable steps” to prevent the person from using those facilities.

    Students who are successful in their private lawsuits will receive $5,000 from the public school systems for each time they saw “a person of the opposite sex” in those gendered facilities or sleeping quarters and can receive monetary damages from schools for psychological, emotional or physical harm.

    Advocates have for years worked to combat bathroom bills like the one passed in Idaho, blasting them as an unnecessary and harmful attack on transgender students’ humanity.

    Democratic state Sen. Rick Just told CNN on Saturday that he had voted against the bill largely because it allows people to file private lawsuits against school systems. “I don’t believe it’s helpful to encourage citizens to seek damages whenever they feel aggrieved in the slightest way,” he told CNN in an email.

    Republican state Rep. Ted Hill, one of the bill’s sponsors, said the legislation would ultimately “bring peace” among the schools, school boards and parents, and that it would help them focus on students’ education instead.

    “The most important part of this legislation was to recognize the rights of everyone,” Hill told CNN in an email. “Recognized the rights for young girls to be safe and secure in a place where they are most vulnerable, same for the boys to be safe and secure where they are most vulnerable, and the rights for everyone else to be safe, secure and comfortable in a place where they are most vulnerable.”

    Little did not immediately respond to a request for comment on the bill Saturday.

    Following the legislation’s passage, the Human Rights Campaign, the largest LGBTQ advocacy group in the US, slammed Little and said, “LGBTQ+ people in Idaho deserve the opportunity to live their lives with dignity and respect.”

    “Unfortunately, the bills that Gov. Little is signing into law will make life harder on LGBTQ+ folks across the state,” the group’s state legislative director and senior counsel, Cathryn Oakley, said in a statement. “These bills will not accomplish anything other than to further alienate and stigmatize those already on the margins of life in this state.”

    The Human Rights Campaign said that more “bathroom bills” have been filed across the country so far in 2023 than in any previous year.

    The Idaho legislation follows similar bills Republican governors in Arkansas and Iowa signed this past week.

    On Tuesday, Arkansas Republican Gov. Sarah Huckabee Sanders signed a bill that prevents transgender people from using restrooms that do not match the sex they have listed on their birth certificates. And in Iowa, Republican Gov. Kim Reynolds signed a bill prohibiting transgender people from using school restrooms that do not correspond to their sex assigned at birth.

    Transgender Americans make up a tiny fraction of kids in the US – the US Centers for Disease Control and Prevention has estimated less than 2% of high school students identify as transgender.

    Health care professionals have said the types of bills Republicans are pushing are likely to further ostracize transgender kids, a group that already struggles with higher rates of depression, anxiety and suicide.

    The political debate around which bathrooms trans people are allowed to use exploded in 2016, when North Carolina enacted a law that required people at government-run facilities to use bathrooms and locker rooms that corresponded to the gender on their birth certificates, if the rooms in question were multiple-occupancy. The measure drew intense criticism from businesses and advocates, and it was later repealed.

    Alongside the transgender legislation, Little signed House Bill 186, which allows for executions by firing squad in Idaho if the state cannot obtain the drugs needed for lethal injection. Several states have struggled to source the drugs required for lethal injection, causing them to pause executions.

    This story has been updated with further reaction.

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  • Biden, DOJ won’t assert privilege in Trump deposition in lawsuit brought by fired FBI official | CNN Politics

    Biden, DOJ won’t assert privilege in Trump deposition in lawsuit brought by fired FBI official | CNN Politics

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    CNN
     — 

    The Justice Department said Friday that neither it nor the Biden White House would assert certain privileges in depositions of former President Donald Trump and FBI Director Christopher Wray that have been ordered in a lawsuit brought by an ex-FBI official whose termination Trump pushed for when he was president.

    The new filing from the Justice Department in the lawsuit brought by former FBI official Peter Strzok is the latest example of the Biden administration having to weigh the protections of the presidency against the extraordinary legal cases related to President Joe Biden’s predecessor.

    Strzok’s lawsuit alleges that Trump’s political agenda prompted his firing and that the Justice Department broke the law in publicly releasing texts he had exchanged with former FBI lawyer Lisa Page. The texts revealed that Page and Strzok – who both worked on the Trump-Russia probe when it was in its early stages – had expressed anti-Trump sentiments and that they were engaged in a romantic, extramarital affair. Trump repeatedly called for Strzok’s ouster before he was terminated in 2018. Page has also brought her own lawsuit over the release of texts.

    The Justice Department had sought to quash the subpoenas of Trump and Wray, but was unsuccessful, with DC District Judge Amy Berman Jackson ruling that both men had to sit for depositions. Jackson’s ruling, which she issued after a sealed hearing in February, also said the depositions must be limited to less than two hours and that they must focus on a narrow set of issues in the case.

    When the Justice Department was seeking to quash the subpoenas, it had indicated that the presidential communications privilege could limit what questions Wray could answer about his communications with Trump concerning the matters in dispute in the lawsuit. Jackson ordered the DOJ to indicate by late March whether Biden would assert privilege in the depositions and Friday’s filing indicated the administration would not engage in a privilege fight.

    “The Executive Office of the President will not assert the Presidential Communications Privilege, and Defendants will not assert the Deliberative Process Privilege, with respect to the authorized topics,” the filing said. It added that a representative of Trump was made aware of the ruling ordering the depositions and said that “Former President Trump has not requested an assertion of privilege over any of the information within the scope of the authorized deposition.”

    The department, however, signaled in the filing that it still might appeal Jackson’s order, with a footnote stating that “Defendants expressly reserve their rights to seek further review of this Court’s February 23, 2023 decision.”

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  • Gwyneth Paltrow testifies in a civil trial that she ‘froze’ in 2016 skiing crash at a Utah resort | CNN

    Gwyneth Paltrow testifies in a civil trial that she ‘froze’ in 2016 skiing crash at a Utah resort | CNN

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    CNN
     — 

    Gwyneth Paltrow, the award-winning actress facing a civil trial for a 2016 skiing crash at a Utah resort, testified that she “froze” when a man allegedly skied directly into her back, causing them to collapse to the ground as their skis tangled together.

    Paltrow testified on Friday that the collision forced her legs apart as she felt someone from behind her.

    “I was skiing, and two skis came between my skis, forcing my legs apart. And then there was a body pressing against me. And there was a very strange grunting noise. So, my brain was trying to make sense of what was happening,” Paltrow testified. “I froze when he slid between my skis. I absolutely froze.”

    “I was confused at first, and I didn’t know exactly what was happening. It’s a very strange thing to happen on the ski slope,” Paltrow continued.

    Paltrow and the man both fell slowly and were nearly spooning once they hit the ground, “and I moved away quickly,” Paltrow said previously in a deposition read during the trial Friday in Park City, Utah.

    Friday marked the fourth day in the skiing crash case against Paltrow, who is being sued by Terry Sanderson, a 76-year-old retired optometrist – the man she maintains crashed into her in February 2016 at Deer Valley Resort in Park City.

    Meanwhile, Sanderson claims that Paltrow crashed into him and caused him lasting injuries and brain damage while they were both skiing on a beginner’s run. Sanderson also accuses Paltrow and her ski instructor of skiing away after the incident without getting him medical care.

    Kristin A. VanOrman, an attorney representing Sanderson, questioned Paltrow for nearly two hours Friday. At one point, VanOrman asked whether Paltrow can demonstrate the crash with her in at the courtroom, but the judge declined that request.

    Instead, VanOrman walked around the courtroom trying to reenact where the skis were and how Paltrow and Sanderson were positioned, based on how Paltrow described the incident.

    VanOrman asked Paltrow whether the actress had been present when paperwork about the crash was filled out, and Paltrow said she was not but that her ski instructor stayed with Sanderson and made sure he was OK.

    Later, Paltrow said she stayed on the mountain “long enough for him to say that he was OK” and to stand up, saying it was “absolutely not” a hit-and-run.

    Paltrow didn’t seek medical treatment after that crash, she said, but she pointed out her knee felt like it had been “over-stretched” and her “back hurt” and decided to go for a massage later that day.

    Sanderson had initially sued Paltrow for $3.1 million dollars, later amending his complaint to seek more than $300,000 in damages, according to court documents.

    Paltrow has filed a counter lawsuit in which she is seeking $1 in damages plus attorneys’ fees.

    Court is slated to resume Monday.

    VanOrman pressed Paltrow more than once about whether the actress had sought information about Sanderson’s medical condition following the crash.

    “I think you have to keep in mind when you’re the victim of a crash, right, your psychology is not necessarily thinking about the person who perpetrated it,” Paltrow testified.

    Paltrow also did not ask anyone at the resort about Sanderson “because at the time I did not know that he had sustained injuries like that. I thought it was very minor on the day,” she said.

    Throughout the testimony, Paltrow maintained that Sanderson skied into her and that she did not cause the crash.

    “Mr. Sanderson categorically hit me on that ski slope, and that is the truth,” adding that she feels sympathetic for him.

    “I feel very sorry for him. It seems like he’s had a very difficult life, but I did not cause the accident so I cannot be at fault for anything that subsequently happened to him,” she testified.

    The collision happened on the first day of a family trip that Paltrow, her now-husband Brad Falchuk and both of their children were attending. It was the first time Paltrow and her then-boyfriend were introducing their children to each other to gauge whether they had a future as a “blended family.”

    According to Paltrow’s countersuit, she “was enjoying skiing with her family on vacation in Utah, when Plaintiff – who was uphill from Ms. Paltrow – plowed into her back. She sustained a full ‘body blow.’ Ms. Paltrow was angry with Plaintiff, and said so. Plaintiff apologized. She was shaken and upset, and quit skiing for the day even though it was still morning.”

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  • One of the ‘CITGO 6’ sues CITGO for $100M in damages | CNN Politics

    One of the ‘CITGO 6’ sues CITGO for $100M in damages | CNN Politics

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    CNN
     — 

    Tomeu Vadell, one of the so-called “CITGO 6” who was detained in Venezuela for nearly five years, is suing the petroleum company that previously employed him for more than $100 million in damages, according to a lawsuit filed in Harris County, Texas, district court Tuesday.

    The lawsuit accuses CITGO of using Vadell and the other five executives – Gustavo Cárdenas, Jose Pereira, Jorge Toledo, Alirio Zambrano and Jose Luis Zambrano – as “political pawns.” It also contends that the company “abandoned” the Vadell family.

    “CITGO specifically lured Tomeu and the other CITGO executives of Venezuelan-descent to Venezuela as part of a coordinated scheme to maximize their use as political pawns,” the lawsuit claims.

    The lawsuit also charges that the company “made the unconscionable decision to abandon Tomeu and his family in their greatest hour of need” by refusing to help pay for Vadell’s legal fees and ending payment of his salary in 2018.

    The lawsuit said the family is seeking damages for “past and future medical expenses; past and future physical pain and mental anguish; past and future physical impairment; past and future disfigurement; past lost wages and future lost wage-earning capacity; past and future loss of consortium; past and future for loss of companionship; past and future pecuniary loss; and attorneys’ fees.”

    In a statement, CITGO said they “disagree with this lawsuit, which irresponsibly equates CITGO, an American company based in Houston, with an authoritarian regime in Venezuela.”

    “The CITGO 6 were our senior-most executives, and neither they nor CITGO, the Company they led, are responsible for the arbitrary acts of (Nicolas) Maduro’s repressive regime,” the statement read. “CITGO’s leadership has supported Mr. Vadell and his family in significant financial and other ways.”

    CITGO’s statement said they “greatly sympathize with Mr. Vadell for everything he and his family have been through” and they “welcomed Mr. Vadell home and are grateful he’s back with his family.”

    CITGO is a subsidiary of the Venezuelan state-owned PDVSA, which has been under control of a board appointed by the 2015-elected National Assembly since 2019. The assembly is recognized by the United States as the legitimate government of the South American country. At the time of Vadell and the others’ detainment, Maduro’s government still controlled the company.

    The six executives were arrested after being summoned to Caracas for what they were told would be a business meeting right before Thanksgiving 2017, and spent close to five years detained in Venezuela. They were designated as wrongfully detained by the US State Department.

    One of the six, Cárdenas, was released in March 2022. The remaining five, including Vadell, were freed in a prisoner swap in October 2022 in exchange for the so-called “narco nephews” Efraín Antonio Campo Flores and Francisco Flores de Freitas.

    That swap also brought home two other Americans who were designated as wrongfully detained by the US State Department: Matthew Heath and Osman Khan.

    The prisoner exchange came after months of back-and-forth between the US government, led by Special Presidential Envoy for Hostage Affairs Roger Carstens, and the Maduro regime, with which the US does not have formal diplomatic relations.

    There are still at least four Americans currently detained there: Luke Denman, Airan Berry, Eyvin Hernandez, and Jerrel Kenemore. The latter two have been designated by the US State Department as wrongfully detained.

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