Tony Timpa Died After Cops Kneeled on His Back and Joked About It. A Court Says His Family Can Sue.


1'

Until last month, Tony Timpa’s family wasn’t allowed to sue the police officers who allegedly caused his death by pinning him to the ground for about 15 minutes while he begged for help. Those cops had been given qualified immunity, a legal doctrine that insulates various government officials from scrutiny in civil court if the way they allegedly misbehaved has not yet been “clearly established” in some prior court ruling.

But in December the U.S. Court of Appeals for the 5th Circuit struck down the district court’s decision, thus allowing Timpa’s family to make their claims before a jury. That right—to state your case before a panel of your peers—is easily taken for granted. But victims of government abuse face a herculean uphill battle before they’re permitted to do so.

On August 10, 2016, Timpa, who was 32 when he died, called 911 and asked for help. He had been diagnosed with schizophrenia, depression, bipolar disorder, and anxiety disorder, but he was off his medications that day and had taken cocaine. The Dallas Police Department (DPD) officers who responded to him—Sgt. Kevin Mansell, Senior Corporal Raymond Dominguez, and officers Dustin Dillard and Danny Vasquez—were aware of this: The 911 operator told them, and Timpa himself admitted it.

The cops put Timpa on his stomach, cuffed his hands and ankles, and kept him subdued in the prone position for more than 14 minutes. Vasquez pressed his knee into Timpa’s back for the first two minutes and Dillard did the same for the entire duration, even after Timpa had calmed. “Help me!…You’re gonna kill me!” he shouted. He became non-responsive for the last three minutes, and later he was pronounced dead.

On the body camera footage, the officers can be heard making light of his apparent loss of consciousness. Asked if Timpa was still breathing, Dillard responded “I think he’s asleep!” and said that he heard him “snoring.” Dominguez and Vasquez then joined in, joking that Timpa was a schoolboy who didn’t want to go to class but could be lured out of bed with some “tutti-frutti waffles.”

The 5th Circuit was not convinced by the lower court’s decision to shield the men from a jury. “DPD training instructed that a subject in a state of excited delirium must, ‘as soon as possible[,] [be] mov[ed]…to a recovery position (on [their] side or seated upright),'” writes Judge Edith Brown Clement, “because the prolonged use of a prone restraint may result in a ‘combination of increased oxygen demand with a failure to maintain an open airway and/or inhibition of the chest wall and diaphragm [that] has been cited in positional asphyxia deaths.'” She also notes that the training explicitly says that a subject suddenly becoming unresponsive is a sign that he may be dying.

But an officer’s own training is not enough to overcome qualified immunity. A victim must find a closely aligned court precedent, as if cops are more likely to read case law texts than their own training materials. (This is why a group of Denver officers were given qualified immunity for searching a man’s tablet without a warrant and attempting to delete a video of them beating a suspect, despite their training that this violates the First Amendment.)

Fortunately for Timpa’s family, there is a precedent that applies here. “Within the Fifth Circuit, the law has long been clearly established that an officer’s continued use of force on a restrained and subdued subject is objectively unreasonable,” says Clement. In case you were wondering just how granular qualified immunity can be: The officers had convinced the lower court that none of those precedents applied because they didn’t pertain specifically to putting a knee on someone’s back.

“This opinion gives cause for optimism and pessimism,” says Easha Anand, Supreme Court and appellate counsel at the MacArthur Justice Center and an attorney for Timpa’s estate. “The cause for optimism is the 5th Circuit has reiterated now, as a doctrinal matter, [that] if the only difference you can find between case one and case two is the kind of force being used, that’s not good enough.” On the pessimistic side, the district court’s decision “was not pulled out of left field,” she says. Whether or not an alleged victim gets the privilege to go before a jury very much depends on which judges hear his case and how they choose to define the level of specificity required to “clearly establish” a constitutional right.

Another reason for pessimism: The government has the power to drag out such suits with appeal after appeal, as months become years, while victims wait for the chance even to ask a jury if damages are appropriate. Earlier this week, the city of Dallas moved to prolong it further, requesting that the case be re-heard, a plea that is rarely successful. In their petition, the city’s lawyers argue that since Timpa died before George Floyd ignited a national conversation around the prone restraint, they couldn’t have known that what they did was excessive, despite the training that taught them it was excessive.

“I don’t pretend that anything that can happen in a courtroom is going to provide solace for [the family’s] pain,” says Anand. “But I hope that at the very least, Judge Clement’s opinion makes it so the family feels like some court has heard what happened and has understood it as a profound injustice.” We’ll see if the next one agrees.

The post Tony Timpa Died After Cops Kneeled on His Back and Joked About It. A Court Says His Family Can Sue. appeared first on Reason.com.

from Latest – Reason.com https://ift.tt/32VYsBF
via IFTTT

Reuters Data Scientist Fired After Nuking BLM Narrative, Exposing ‘Significant Left-Wing Bias’ In Reporting

Reuters Data Scientist Fired After Nuking BLM Narrative, Exposing ‘Significant Left-Wing Bias’ In Reporting

On Tuesday, we republished a column from a journalist who resigned from the Canadian Broadcasting Corporation because the network exhibited such extreme left-wing bias and propaganda that she couldn’t be a part of it any longer.

Today, bring you the story of Zac Kriegman, a former Reuters data scientist who was fired after performing a statistical analysis which refuted claims by Black Lives Matter, and spoke out against the company’s culture of “diversity and inclusion” which unquestioningly celebrated the BLM narrative.

As journalist Chris F. Rufo writes in City Journal: “Driven by what he called a “moral obligation” to speak out, Kriegman refused to celebrate unquestioningly the BLM narrative and his company’s “diversity and inclusion” programming; to the contrary, he argued that Reuters was exhibiting significant left-wing bias in the newsroom and that the ongoing BLM protests, riots, and calls to “defund the police” would wreak havoc on minority communities.”

Week after week, Kriegman felt increasingly disillusioned by the Thomson Reuters line. Finally, on the first Tuesday in May 2021, he posted a long, data-intensive critique of BLM’s and his company’s hypocrisy. He was sent to Human Resources and Diversity & Inclusion for the chance to reform his thoughts. –

He refused—so they fired him. -City Journal

Kriegman, who has a bachelors in economics from Michigan, a JD from Harvard, and “years of experience with high-tech startups, a white-shoe law firm, and an econometrics research consultancy,” spent six years at Thomson Reuters, where he rose through the ranks to spearhead the company’s efforts on AI, machine learning, and advanced software engineering. By the time he was fired, he was the Director of Data Science, and lead a team which was in the process of implementing deep learning throughout the corporation.

Following the death of George Floyd, Kriegman described Reuters as a “blue bubble” where “people were constantly celebrating Black Lives Matter, where it was assumed that everyone was on board.”

The company asked employees to participated in a “21-Day Racial Equity Habit-Building Challenge,” which promoted reparations, academic articles on critical race theory (on which Rufo has written extensively), and instructions on “how to be a better white person.”

The materials were both patronizing and ‘outright racist,’ writes Rufo. The Reuters workforce was told that their “black colleagues” are “confused and scared,” and are barely able to show up to work. They allegedly felt pressured to “take the personal trauma we all know to be true and tuck it away to protect white people,” who are unable to grasp the black experience because of their own whiteness. To right the wrongs of slavery and systemic oppression, white Reuters employees were told to let themselves get “called out” by minority colleagues, and then respond with “I believe you”; “I recognize that I have work to do”; “I apologize, I’m going to do better.”

Ultimately, white people are supposed to admit their complicity in systemic racism and repent for their collective guilt, because “White people built this system. White people control this system,” according to a learning module from self-described “wypipologist” Michael Harriot. “It is white people who have tacitly agreed to perpetuate white supremacy throughout America’s history. It is you who must confront your racist friends, coworkers, and relatives. You have to cure your country of this disease. The sickness is not ours.”

Kriegman came to believe that the company’s “blue bubble” had created a significant bias in the company’s news reporting. “Reuters is not having the internal discussions about the facts and the research, and they’re not letting that shape how they present the news to people. I think they’ve adopted a perspective and they’re unwilling to examine that perspective, even internally, and that’s shaping everything that they write,” Kriegman said. Consequently, Reuters adopted a narrative that promotes a naïve, left-wing narrative about Black Lives Matter and fails to provide accurate context—which is particularly egregious because, unlike obviously left-leaning outlets such as the New York Times, Reuters has a reputation as a source of objective news reporting.

A review of Reuters coverage over the spring and summer of 2020 confirms Kriegman’s interpretation. Though early articles covering the first days of the chaos in Minneapolis were straightforward about the violence—“Protests, looting erupt in Minneapolis over racially charged killing by police,” reads one headlineReuters’s coverage eventually seemed like it had been processed to add ideology and euphemism. Beginning in the summer and continuing over the course of the year, the newswire’s reporting adopted the BLM narrative in substance and style. The stories framed the unrest as a “a new national reckoning about racial injustice” and described the protests as “mostly peaceful” or “largely peaceful,” despite widespread violence, looting, and crime. “More than 93% of recent demonstrations connected to Black Lives Matter were peaceful,” Reuters insisted, even as rioters caused up to $2 billion in property damage across the country. The company’s news reporters adopted the syntax of BLM activists. A May 8 story opened with the familiar “say their names” recitation, ignoring the fact that the first named individual, for example, had attacked a police officer, who was subsequently cleared of any wrongdoing: “Michael Brown. Eric Garner. Freddie Gray. Their names are seared into Americans’ memories, egregious examples of lethal police violence that stirred protests and prompted big payouts to the victims’ families.” Even as Seattle’s infamous “Capitol Hill Autonomous Zone” descended into lawlessness and saw the brutal murder of two black teenagers, the newswire’s headlines downplayed the destruction, claiming that the Seattle protests were “diminished but not dismantled.” -City Journal

According to Kriegman, Reuters ‘data-based fact checks’ were also biased – and always in favor of BLM interpretations. In one instance, the wire service’s “special report” claimed that “a growing body of research supports the perception that police unfairly target Black Americans. They are more likely to be stopped, searched and arrested than their white compatriots. They also are more likely to be killed by police.” Reuters dedicated just two short paragraphs to refute the viewpoint, which it quickly dismisses to continue advancing the pro-BLM argument.

Reuters made an evidence-free claim that qualified immunity – which is protected by the Supreme Court – is “rooted in racism.” The company also hosted a panel with left-wing pundits to discuss criminal reform, which ended up uncritically promoting such policies as “defund the police,” and who suggested that “hundreds” of unjustified police killings of black men “fail to win victims any redress.” As usual, no facts backed up their claims.

The company’s data reporting consistently re-contextualized accurate information about racial violence and policing in order to align with Black Lives Matter rhetoric. In a “fact check” of a social media post that claimed whites are more likely to be killed by blacks than blacks are to be killed by whites, Reuters concedes that this is factually accurate but labels the post “misleading”—in part because it doesn’t show that police kill black people at a higher rate than their share of the overall population, a completely unrelated claim. Likewise, when President Donald Trump accurately pointed out that police officers kill “more white people” than black people each year, Reuters immediately published a story reframing the narrative. Though the report admitted that “half of people killed by police are white,” the writers pushed the line that “Black Americans are shot at a disproportionate rate” and then used a quotation from the American Civil Liberties Union to paint the president as a “racist.” -City Journal

“I did look through Reuters’s news, and it was concerning to me that a lot of the same issues that I was seeing in other media outlets seemed to be replicated in Reuters’s news, where they were reporting favorably about Black Lives Matter protests without giving any context to the claims that were being made at those protests [and] without giving any context about the ‘Ferguson effect’ and how police pulling back on their proactive policing has been pretty clearly linked to a dramatic increase in murders,” Kriegman told Rufo. “At a certain point, it just feels like a moral obligation to speak out when something that’s having such a devastating impact is being celebrated so widely, especially in a news company where the perspective that’s celebrated is having such a big impact externally.”

Kriegman took two months off from Thomson Reuters to ‘grapple with the statistical and ethical implications’ of how the company was reporting on the BLM movement and related riots. While on leave, he embarked on a careful statistical investigation comparing BLM’s claims on racism, violence and policing with hard evidence.

The result: a 12,000-word essay, titled “BLM is Anti-Black Systemic Racism,” that called into question the entire sequence of claims by the Black Lives Matter movement and echoed by the Reuters news team. “I believe the Black Lives Matter (‘BLM’) movement arose out of a passionate desire to protect black people from racism and to move our whole society towards healing from a legacy of centuries of brutal oppression,” Kriegman wrote in the introduction. “Unfortunately, over the past few years I have grown more and more concerned about the damage that the movement is doing to many low-income black communities. I have avidly followed the research on the movement and its impacts, which has led me, inexorably, to the conclusion that the claim at the heart of the movement, that police more readily shoot black people, is false and likely responsible for thousands of black people being murdered in the most disadvantaged communities in the country.” Thomson Reuters, Kriegman continued, has a special obligation to “resist simplistic narratives that are not based in facts and evidence, especially when those narratives are having such a profoundly negative impact on minority or marginalized groups.” -City Journal

The essay debunks three key claims of BLM activists and their media supporters.

  1. That police officers kill blacks disproportionately
  2. That law enforcement ‘over-polices’ black neighborhoods
  3. That policies such as “defund the police” will reduce violence.

Rufo breaks down Kriegman’s arguments: 

First, Kriegman writes that the narrative about police officers systematically hunting and killing blacks is not supported by the evidence. “For instance, in 2020 there were 457 whites shot and killed by police, compared to 243 blacks. Of those, 24 of the whites killed were unarmed compared to 18 blacks,” he writes, citing the Washington Post database of police shootings. And though the number of blacks killed might be disproportionate compared with the percentage of blacks in the overall population, it is not disproportionate to the level of violent crime committed by black citizens. “Depending on the type of violent crime, whites either commit a slightly greater (non-fatal crimes) or slightly smaller (fatal, and serious non-fatal crimes) percentage of the total violent crime than blacks, but in all cases roughly in the same ballpark,” Kriegman writes. However, according to the Justice Department’s National Crime Victimization Survey data, “there are many more whites killed by police, even though whites account for a similar absolute number of violent offenders. Thus, if the number of potentially violent encounters with police reflects the violent crime rates, then the raw statistics suggest that there is actually a slight anti-white bias in police applications of lethal force.” To round out his case, Kriegman concludes with a study by Harvard’s Roland Fryer, which, according to Fryer, “didn’t find evidence for anti-Black or anti-Hispanic disparity in police use of force across all shootings, and, if anything, found anti-White disparities when controlling for race-specific crime.”

Next, Kriegman takes up “over-policing.” Black Lives Matter activists and Reuters reporters had pushed the idea that police officers focus disproportionate attention on black neighborhoods and, because of deep-seated “racial bias,” are more likely to stop, search, and arrest black Americans “than their white compatriots.” While this might be true on its face, Kriegman writes, it misses the appropriate context: black neighborhoods are significantly more violent than white neighborhoods. If police want to reduce violent crime, they must spend more time in the places where violent crime occurs. Kriegman points out to his colleagues in Thomson Reuters’s Boston office that “the reason that police have more confrontations in predominantly black neighborhoods in Boston is because that is where the great bulk of violent crime is occurring,” with nearly all the annual murders happening in predominantly black neighborhoods such as Dorchester and Roxbury—far from the homes and offices of his colleagues in the professional-managerial class at Reuters. And Boston is hardly an outlier. According to Kriegman, the most rigorous statistical analyses demonstrate that violent-crime rates and policing are, in fact, highly correlated and proportionate. He quotes a Justice Department report which “found that for nonfatal violent crimes that victims said were reported to police, whites accounted for 48% of offenders and 46% of arrestees. Blacks accounted for 35% of offenders and 33% of arrestees. Asians accounted for 2% of offenders and 1% of arrestees. None of these differences between the percentage of offenders and the percentage of arrestees of a given race were statistically significant.”

Finally, Kriegman addresses the policy implications of “de-policing.” Contrary to Reuters’s sometimes glowing coverage of the “defund the police” movement, Kriegman makes the case that de-policing, whether it occurs because of the “Ferguson Effect” or because of deliberate policy choices, has led to disaster for black communities. His argument, building on the work of City Journal’s Heather Mac Donald, follows this logic: after high-profile police-involved killings, such as those involving Michael Brown in Ferguson, Missouri, and George Floyd in Minneapolis, Minnesota, the Black Lives Matter movement and the media have demonized police departments and caused many officers to reduce proactive policing measures and to pull back from situations out of fear that they might need to use force. The result, according to data from a range of academic literature, is an increase in crime and violence. Kriegman again cites Fryer, who concluded that the Ferguson Effect led to 900 excess murders in five cities he considered, and the University of Utah’s Paul G. Cassell, who found that the “Minneapolis Effect” led to 1,520 excess murders in the United States. Thus, BLM’s signature policy solution—“defund the police”—would likely lead to incredible carnage in black communities. -City Journal

Instead of his essay winning hearts and minds at Reuters, where he hoped it would help his colleagues move beyond “the blue bubble” and see “how devastating Black Lives Matter has been to black communities,” Reuters HR panicked and took down Kriegman’s post.

“I didn’t know what to expect going into it, but I expected the reaction to be intense,” said Kriegman. “And it was.”

He says a “team of HR and communications professionals” were called in to manage the situation, which they told him they were “reviewing.”

When he asked multiple times about the company’s decision to remove his essay, he was told that it was too “antagonistic” and “provocative,” and that he needed to work with their head of diversity and inclusion, Cristina Juvier, if he wanted to pursue the matter further.

Read the rest of the report here.

Tyler Durden
Thu, 01/06/2022 – 17:20

via ZeroHedge News https://ift.tt/338Dpf5 Tyler Durden

California Dem Flips On Party Over Smash And Grab Robbery Epidemic

California Dem Flips On Party Over Smash And Grab Robbery Epidemic

Authored by Jazz Shaw via HotAir (emphasis ours),

In 2014, California passed proposition 47, which made the theft of less than 950 dollars worth of merchandise only a misdemeanor. When combined with the state’s generous “bail reform” rules, this meant that anyone could walk into a store, grab nearly a thousand dollars worth of goods and bolt out of there. If they happened to somehow get caught, they would be back out on the street within hours to try again. In response, aspiring thieves accepted the invitation and began robbing retail outlets with abandon. Soon, organized groups figured out that if they entered a store in large numbers, one or two cops couldn’t stop them all even if they showed up promptly, so most of them would get away to sell their illicit merchandise. Now retail chains are moving out of the state because they can’t keep their shelves stocked and their insurance rates are too high for the stores to be profitable.

AP Photo/Charles Rex Arbogast

This has apparently reached the point where a straw has broken the camel’s back for one California Democrat. Assemblyman Rudy Salas has thrown in the towel and recognized that this crime wave can’t be allowed to continue. With that in mind, Salas introduced a new bill that would reverse proposition 47 and reset the threshold of misdemeanor theft to its previous level of $400. But will the rest of his party back him up? (Fox Business)

A Democratic California lawmaker introduced a bill that would reverse the state’s Proposition 47, which has been blamed for the rampant shoplifting and smash-and-grab crimes plaguing the state.

“Enough is enough, we need to fight back against the criminals who are stealing from our communities,” Democratic Assemblyman Rudy Salas said in a statement about the bill’s introduction Tuesday.

California’s Proposition 47 passed in 2014 and reduced shoplifting charges regarding the theft of $950 or less from felonies to misdemeanors. The new bill would lower the amount a suspect can steal before facing a felony to $400, which was the original threshold before Prop 47 passed.

I suppose we should give at least some credit to Assemblyman Salas for finally waking up and smelling the coffee, assuming all of the coffee wasn’t already stolen before he got to the store. But this encouraging news doesn’t mean that California’s troubles will shortly be in the rearview mirror. First of all, as I mentioned above, it’s far from a sure thing that enough Democrats will hop onboard with this measure to reverse the original proposition. Plenty of California Democrats are still buying into the entire “social justice” and “defund the police” movements and I somehow doubt that many of them are ready to admit that they royally screwed up on this process.

Even if plenty of Democrats do hop on the bandwagon, it could very well be far too late for this to work. The message has been sent out to California’s gangs and aspiring thieves for more than seven years now. Theft is not taken seriously and you can get away with it with little or no penalty being imposed on you. If they lower the felony threshold to $400, the thieves can simply start taking less merchandise on each trip and come back later for the rest. $400 in pure profit for each trip is still pretty good work if you can get it, right?

On top of that, California’s already overworked police are facing plenty of far more serious crimes with reduced ranks following the previous “defund the police” policies that were put in place. How quickly do you think they will be responding to smash and grab calls from the dispatchers? I somehow doubt that the gangs of looters are terribly worried.

California isn’t dealing with some random instances of bad behavior. The state is grappling with a cultural evolution of its own creation. People see that the government is afraid to take on rampant crime for fear of being labeled “racist” or out of step with the new, woke culture. They were invited to this smash and grab party by their own lawmakers and the party is still rolling. Reversing that cultural trend will be neither quick nor easy to accomplish. The word needs to spread on the streets that the cops are back in force and they’re going to be cracking some heads and locking people up for significant periods of time.

But the legislature can’t even make that happen on its own. As long as people like Chesa Boudin are in charge of who is or isn’t prosecuted and who will or won’t go to jail, the criminals will have little to fear. Again… we’re talking about a cultural shifting of the tides. California’s culture evolved to embrace criminal activity and the criminals responded in kind. Before their behavior changes, the culture in the state must return to enhanced respect for (and more importantly, a desire for) law and order. That means community support and assistance for law enforcement, not attacks on the police. When the vast majority reject lawlessness and support the police, fewer people will risk committing crimes. Is the majority of the public in California ready to make that sort of change? I wouldn’t bet you a plugged nickel on that.

Tyler Durden
Thu, 01/06/2022 – 17:00

via ZeroHedge News https://ift.tt/3qT3YNh Tyler Durden

Was the Capitol Riot Really the Opening Battle of a Civil War?


Capitol-riot-1-6-21-Newscom-6

As outrageous and embarrassing as it was, the Capitol riot that happened a year ago today did not come close to stopping Joe Biden from taking office. The assault on the Capitol was haphazard and hapless, a temper tantrum rather than an incipient coup. It was a humiliating spectacle for the United States, indisputable evidence of Donald Trump’s reckless self-absorption, and a fitting end to a ridiculous presidency. But in the end, the vandalism and violence merely delayed the ratification of the election results until that night.

Former President Jimmy Carter nevertheless claims that “a violent mob, guided by unscrupulous politicians, stormed the Capitol and almost succeeded in preventing the democratic transfer of power.” In a New York Times essay titled “I Fear for Our Democracy,” Carter says the threat represented by that “insurrection” continues to endanger our system of government. “Our great nation now teeters on the brink of a widening abyss,” he writes. “Without immediate action, we are at genuine risk of civil conflict and losing our precious democracy.” The Times editorial board likewise warns that “the Republic faces an existential threat from a movement that is openly contemptuous of democracy and has shown that it is willing to use violence to achieve its ends.”

This alarming portrait of a nation on the verge of civil war supposedly is verified by polling data showing that Americans are not only more bitterly divided than ever but also increasingly inclined to resolve political disputes with violence. Carter, for example, cites a January 2021 survey in which “36 percent of Americans—almost 100 million adults across the political spectrum—agree[d] that ‘the traditional American way of life is disappearing so fast that we may have to use force to save it.'”

Washington Post/University of Maryland poll conducted last month likewise is generating alarm among people who are inclined to see the Capitol riot as a harbinger of a near future in which bullets replace ballots. “Do you think it is ever justified for citizens to take violent action against the government, or is it never justified?” the survey asked. A third of the respondents, including two-fifths of Republicans, said “violent action against the government” could be justified. Although that is a sentiment on which this country was built, Post columnist Jennifer Rubin saw those results as further evidence that “democracy itself is on the ballot this year.”

A study published last September in the Proceedings of the National Academy of Sciences challenges the notion that a substantial minority of Americans—more than two-fifths, according to some reports—condone political violence. The Dartmouth political scientist Sean Westwood and his co-authors argue that “documented support for political violence is illusory, a product of ambiguous questions, conflated definitions, and disengaged respondents.”

Westwood et al. acknowledge that partisan animosity, a.k.a. “affective polarization,” has “increased significantly” during the last few decades. “While Americans are arguably no more ideologically polarized than in the recent past,” they say, “they hold more negative views toward the political opposition and more positive views toward members of their own party.” But at the same time, “evidence suggests that affective polarization is not related to and does not cause increases in support for political violence and is generally unrelated to political outcomes.” So what are we to make of claims that more than a third of Americans believe political violence is justified?

“Despite media attention,” Westwood et al. note, “political violence is rare, amounting to a little more than 1% of violent hate crimes in the United States.” They argue that “self-reported attitudes on political violence are biased upwards because of disengaged respondents, differing interpretations about questions relating to political violence, and personal dispositions towards violence that are unrelated to politics.”

Westwood et al. estimate that, “depending on how the question is asked, existing estimates of support for partisan violence are 30-900% too large.” In their study, “nearly all respondents support[ed] charging suspects who commit acts of political violence with a crime.” These findings, they say, “suggest that although recent acts of political violence dominate the news, they do not portend a new era of violent conflict.”

These conclusions are based on three surveys in which Westwood et al. presented respondents with specific scenarios involving different kinds of violence, varying in severity and motivation. “Ambiguous survey questions cause overestimates of support for violence,” they write. “Prior studies ask about general support for violence without offering context, leaving the respondent to infer what ‘violence’ means.” They also note that “prior work fails to distinguish between support for violence generally and support for political violence,” which “makes it seem like political violence is novel and unique.”

A third problem they identify is that “prior survey questions force respondents to select a response without providing a neutral midpoint or a ‘don’t know’ option,” which “causes disengaged respondents…to select an arbitrary or random response.” Since “current violence-support scales are coded such that four of five choices indicate acceptance of violence,” those arbitrary or random responses tend to “overstate support for violence.”

What happens when researchers try to address those weaknesses? In all three surveys that Westwood et al. conducted, “respondents overwhelmingly reject[ed] both political and non-political violence.” And while a substantial minority disagreed, that number was inflated by respondents who were classified as “disengaged” based on their failure to retain information from the brief scenarios they read.

The first two surveys, conducted in January 2021, described two actual incidents of political violence. In one, “a Democratic driver was charged with hitting a group of Republicans in Florida who were registering citizens to vote.” In the other, “a Republican driver was charged with assault for driving his car though Democratic protesters in Oregon.”

In both cases, a fifth of all respondents said the assault was justified. The level of support was essentially the same when the partisan details were omitted. But disengaged respondents were much more likely to approve of the assaults than engaged respondents. When the partisan details were included, about 38 percent of disengaged respondents said the driver’s actions were justified, compared to 12 percent of engaged respondents. When the partisan details were omitted, the numbers were about 45 percent and 11 percent, respectively.

The third survey, conducted last April, randomly assigned participants to read “a story with a Republican or Democratic shooter engaging in politically motivated violence or an apolitical act of murder.” As you might expect given the severity of the violence, far fewer respondents said it was justified. Overall, 10 percent of respondents said the shooter was justified in the political scenario, while about 7 percent said the apolitical shooter was justified. But there was a huge gap between the disengaged and engaged respondents: 34 percent vs. 4 percent in the political scenario and 26 percent vs. 3 percent in the apolitical scenario.

The gap between engaged and disengaged respondents shrank dramatically when they were asked a more concrete question: Should the driver or shooter face criminal charges? “Across our conditions,” Westwood et al. report, “between 83% and 100% of respondents who passed the engagement test want the suspect in the politically motivated violent crime charged, while between 81% and 94% of disengaged respondents want the suspect in the politically motivated violent crime charged.”

The study presents additional evidence that the answers given by respondents who failed the engagement test do not necessarily reflect their actual views. “When presented with a dichotomous question and no ‘don’t know’ option,” the researchers report, “disengaged respondents essentially randomly split their responses between the two choices, while engaged respondents overwhelmingly report that the driver is not justified….When disengaged respondents are presented with five choices that include a neutral midpoint, the modal response is the midpoint with the remaining respondents splitting their responses between the remaining four categories.”

In addition to suggesting that surveys commonly exaggerate the level of support for political violence, this study casts doubt on the idea that political motivation has much to do with how people respond to these questions. Westwood et al.’s study included a question used in prior surveys: “How much do you feel it is justified for [members of your party] to use violence in advancing their political goals these days?” There are five possible answers, ranging from “not at all” to “a great deal.”

While that “measure of political violence” was “predictive of support for political violence in our vignettes,” Westwood et al. say, it also predicted “support for apolitical acts of violence.” They think “the evidence is clear” that  “the survey measure…captures general tolerance for violence and not political violence specifically.”

Given these findings, the dire predictions of literal partisan warfare should be taken about as seriously as the claim that the Capitol riot “almost succeeded” in overturning the results of the presidential election. “Our results show support for political violence is not broad-based,” Westwood et al. conclude. “To the contrary, we find the public overwhelmingly rejects acts of violence, whether they are political or not. Our evidence suggests that extant studies have reached a different conclusion because of design and measurement flaws.”

The post Was the Capitol Riot <i>Really</i> the Opening Battle of a Civil War? appeared first on Reason.com.

from Latest – Reason.com https://ift.tt/3eVoaIU
via IFTTT

GameStop Entering NFT And Cryptocurrency Markets; Stock Surges

GameStop Entering NFT And Cryptocurrency Markets; Stock Surges

In a desperate attempt to recreate the short squeeze from a year ago, GameStop stock is surging after hours after a report from the WSJ that the company which once was a video game retailer and now nobody really knows what it does, is launching a division to develop a marketplace for nonfungible tokens and establish cryptocurrency partnerships – in short throwing all possible catchy buzzwords at the wall and hoping something sticks – pushing the company into much-hyped areas as it tries to turn around its core videogame business.

According to the report, the retailer has hired more than 20 people to run the unit, which is building an online hub for buying, selling and trading NFTs of virtual videogame goods such as avatar outfits and weapons. And since GameStop is rather late to this particular market, the company is reportedly asking select game developers and publishers to list NFTs on its marketplace when it launches later this year, the WSJ sources said.

GameStop also is close to signing partnerships with two crypto companies to share technology and co-invest in the development of games that use blockchain and NFT technology, as well as other NFT-related projects. The retailer expects to enter into similar agreements with a dozen or more crypto companies and invest tens of millions of dollars in them this year, the people said.

While GameStop has been working to reset its business after years of losses, it has so far failed to generate any traction and only the windfall of last year’s massive short squeeze which the company used to sell stock into and raise capital, has kept it alive.

The news has predictably sent GME stock sharply higher after hours in what appears to be yet another short squeeze, which will come as welcome news to longs who saw the stock price drop to the lowest level since March 2021 this week. The question is how long until this latest euphoric frenzy fades, and trapped longs take advantage of the move higher to offload their positions.

Tyler Durden
Thu, 01/06/2022 – 16:44

via ZeroHedge News https://ift.tt/3qY1y03 Tyler Durden

New York Times Accused Of Illegally Stifling Labor Activism

New York Times Accused Of Illegally Stifling Labor Activism

During a day where its journalists were hard at work helping President Biden enshrine the Democratic version of what happened on Jan. 6 into history, the New York Times also announced its latest major media buy: the digital media property the Athletic, which it’s reportedly purchasing for half a billion dollars, according to the Information.

At the same time, the paper has been dealing with some uncomfortable labor troubles at a time when most people looking to work in the journalism industry would be happy to have a steady paycheck, let alone the generous compensation packages offered by America’s “newspaper of record”.

According to Bloomberg, the NYT’s management “has been interfering with, restraining and coercing employees in the exercise of the rights guaranteed” under federal workplace law – or so said an acting regional director of the National Labor Relations Board in a memo dated Dec. 29.

What did the paper do exactly to infringe on its workers’ rights? Apparently, management crossed a line when it told employees designated as “intern managers” that they were not allowed to show any support for the union.

Here’s what actually happened: The union alleges NYT management ordered a group of tech employees to stop using pro-union avatars and backgrounds on their Slack and Google Meet profiles used for work. Since some of them technically supervised interns, management labeled the whole group “intern managers” – an affront that the NLRB and the organizers working with the Times newsrooms’ rank and file weren’t ready to stomach.

“We strongly disagree with the union’s allegations about the supervisory status of certain technology employees and welcome the opportunity to explain our position to the board,” said Times spokesperson Danielle Rhoades Ha in an emailed statement.

Last year, the company said it had told employees who “hire, supervise and assess” interns “that while in this supervisory position they would need to act in a manner that is consistent with a management role.”

The complaint is set to be considered at a trial in March. It stems from claims brought last June by the Communications Workers of America’s NewsGuild, which represents editorial and business employees at the NYT.

Last year it announced a campaign to unionize tech workers like software engineers and product managers, giving them common cause with the nation’s beleaguered newspapermen and women.

Tyler Durden
Thu, 01/06/2022 – 16:41

via ZeroHedge News https://ift.tt/3qYZk0x Tyler Durden

January 6: A Legacy Of Troubling Questions

January 6: A Legacy Of Troubling Questions

Authored by Joseph Hannemann via The Epoch Times,

The hardened-steel baton made the most disturbing sound as it bounced off Victoria White’s skull.

It varied between a hollow click and a deeper snap, depending on where on her head the metal weapon made contact.

“Please don’t beat her!” a man in the crowd yelled.

It was chaos in the West Terrace tunnel entrance of the U.S. Capitol on the afternoon of Jan. 6, 2021. Outside, thousands who had attended President Donald Trump’s “Save America” rally milled about the terrace, while groups of rioters battled police near the tunnel.

An almost demonic cacophony emanated from under the tunnel arch.

“I didn’t even touch you,” a woman cried. “I need help! I need help,” a man shouted.

“Stand up, dammit!” intoned a police officer in riot gear. “Get out!” boomed another.

Then a blood-curdling scream, followed by the ear-splitting sound of an emergency siren.

Victoria White appears prone or near-collapse in several parts of a five-minute video. (Screen Captures/Joseph McBride)

After repeatedly striking White in the head, the officer in white holstered his baton. Then he made a fist with his bare left hand and punched White in the face.

“Oh, no-no-no! Please! Please don’t beat her!” someone shouted, to no effect.

After three full-force knuckle shots to White’s head, the officer in white paused. Then he went in for two more blows. He grabbed the hair at the back of her head and pulled it hard.

White looked dazed and confused. She wore a blank stare. Another officer reached in with his baton in an apparent attempt to prevent more blows. The officer in white grabbed his colleague’s arm and shoved it back at him.

The almost unbelievable violence meted out on the unarmed, 5-foot-4-inch White provides a stark contrast to the often-preached narrative that Jan. 6 was strictly an insurrection carried out by mobs of Trump supporters wanting to overthrow the government.

White was a victim of brutality. Her lawyer is preparing a civil suit. Hers is one of the hidden stories of Jan. 6, exposed only after a federal judge ordered that three hours of surveillance video held by the U.S. Department of Justice be released to White’s attorney.

Political Divide Widens

The voluminous media coverage in the weeks leading up to the one-year anniversary of Jan. 6 demonstrates the substantial and growing divide between Americans of differing political stripes. The prevailing narrative is that supporters of Trump, whipped into a frenzy by his Jan. 6 speech at the Ellipse, descended on the U.S. Capitol in a violent attempt to upend democracy.

A large crowd of Trump supporters—estimates ranged from 30,000 on the low end to 2 million on the high end—crowded the Ellipse to hear the president rail against the 2020 presidential election. Trump contended, along with millions of supporters, that widespread election fraud in key states like Pennsylvania, Michigan, Georgia, Arizona, and Wisconsin had robbed him of a second term and placed Democrat Joe Biden in an illegitimate presidency.

The speech started approximately an hour later than scheduled. Well before Trump concluded his remarks, a group of protesters breached a lightly guarded barrier on the Capitol’s pedestrian walkway. They quickly headed for the Capitol building. By the time the throngs of rally-goers made the long walk to the Capitol grounds, the perimeter fencing and security signs indicating the site was restricted had been methodically removed.

As tens of thousands of protesters surrounded the Capitol, pockets of violence broke out. Windows were broken, and protesters climbed inside, just after 2 p.m. At other entrances, protesters found doors propped open and proceeded inside like tourists.

The circumstances of the worst violence are hotly contested, but the results were real. Trump supporter Ashli Babbitt, 35, was shot and killed by a Capitol Police officer as she attempted to enter the Speaker’s Lobby. White and others were beaten by police in or near the West Terrace tunnel, attorneys say.

Aaron Babbitt with his wife, Ashli, who was killed at the U.S. Capitol on Jan. 6, 2021. “She loved life,” he said. (Courtesy of Aaron Babbitt)

Some 140 police were injured during battles with rioters. Capitol Police Officer Brian Sicknick died on Jan. 7, 2021, although his death was eventually determined to be from natural causes. Capitol Police Officer Howard Liebengood and Washington Metropolitan Police Officer Jeffrey Smith—both of whom were on duty at the Capitol—took their own lives in the weeks after Jan. 6.

President Joe Biden described Jan. 6 as the “worst attack on our democracy since the Civil War.” The Associated Press asserted it was “the most sustained attack on the seat of American democracy since the War of 1812.” Steven Sund, former U.S. Capitol Police chief, called it “a coordinated violent attack on the United States Capitol by thousands of well-equipped armed insurrectionists.”

Many Americans don’t see those words as hyperbole, insisting Trump-fueled mobs fully intended to disrupt the U.S. Congress and overthrow the federal government.

Across the political chasm are those who reject that dominant narrative, and assert that while Jan. 6 was many things, it was no insurrection. They view that characterization as a convenient way to suppress the truth.

The real Jan. 6 story, they believe, remains hidden on some 14,000 hours of surveillance video from around the Capitol grounds. Portions of that video will undoubtedly be unsealed as some of the more than 725 people arrested for alleged Jan. 6-related crimes go on trial.

Whatever the chaos of that infamous day is called, one thing seems clear. The full Jan. 6 story hasn’t been told. One year later, the legacy of Jan. 6 is a trail of troubling questions—the answers to which could rock American politics and deepen the divide between its citizens.

Is There Evidence of Treason or Sedition?

In response to the violence at the Capitol, the FBI launched one of the most sweeping investigations in its history. Agents pored over cell phone video, social media postings, surveillance video, and police bodycam footage to identify those who were at the Capitol that day. The FBI opened a national tip line and posted videos and photographs of protesters. Tips came from many sources, including neighbors and family members who turned in their relatives.

Of the more than 725 people arrested over the past year, no one was charged with treason or sedition. At least 225 defendants were charged with assaulting, resisting, or impeding police, including 75 who allegedly used a deadly or dangerous weapon, or caused serious bodily injury to an officer.

Two men climb over other protesters and lunge at police officers guarding the entrance to the West Terrace tunnel at the U.S. Capitol on Jan. 6, 2021. (Screen Capture via The Epoch Times)

The most common charge issued by federal prosecutors—involving 640 individuals—was for entering or remaining in a restricted federal building or grounds.

About 40 percent of all those arrested were charged with impeding or attempting to impede an official proceeding—the certification of the Electoral College votes from the 2020 presidential election.

Of the 165 people who have pleaded guilty to date, nearly 90 percent of the cases involved misdemeanors. The rest were felonies.

Are There Any Investigative Conclusions?

House Speaker Nancy Pelosi (D-Calif.) appointed a select committee to investigate the Jan. 6 breach and subsequent violence. That group’s work is ongoing. Preliminary findings could be made public by summer. Republican House members are conducting their own probe, but complain that Democrats refuse to cooperate or share records with their GOP colleagues.

The Senate Committee on Homeland Security and Governmental Affairs, and the Committee on Rules and Administration, issued a report on the Capitol breach that cited a range of intelligence and law enforcement failures that enabled the violence.

Among the findings in the Senate report was that neither the FBI nor the Department of Homeland Security issued formal intelligence bulletins about the potential for violence at the Capitol on Jan. 6.

The FBI’s Norfolk field office sent out a situational information report late on Jan. 5, warning of individuals traveling to Washington for “war” at the Capitol, but the agency overall didn’t view as credible online posts calling for violence.

Capitol Police didn’t have a department-wide operational plan or staffing plan for the Jan. 6 joint session of Congress, the report said. It faulted a lack of training in civil disturbances and a failure to provide basic protective equipment to rank-and-file officers.

Who Incited the Capitol Breach and Violence?

Independent media and online sleuths sounded alarms about the presence of unindicted individuals among those who first breached the Capitol at about 12:50 p.m. These men played a central role in the breach, encouraged protesters to go to the Capitol, and directed people into the building. Yet they haven’t been arrested, indicted, or identified by the FBI as among the wanted. Who were they?

A man—now known to be Ray Epps of Queen Creek, Arizona—was captured on video on Jan. 5, 2021, attempting to recruit Trump supporters to assault the Capitol the next day.

“Tomorrow, we need to go into the Capitol,” Epps says, as seen in a video clip. “Into the Capitol!”

A man near him says, “What?” and others are heard shouting, “No!” Then the crowd breaks into a chant: “Fed! Fed! Fed! Fed!”—accusing Epps of being a federal agent.

Ray Epps seen on Jan. 5, 2021, trying to recruit men to attack the Capitol. They accuse him of being a federal agent. (CapitolPunishmentTheMovie.com/Bark at the Hole Productions)

Epps gets into verbal sparring with some of the Trump supporters. “You’re counterproductive to our cause,” one young man shouts. Epps shouts back, staying on message: “It doesn’t matter. … That’s not what we’re here for. … You’re getting off the subject. … We’re here for another reason.”

Another video shows Epps saying, “Tomorrow—I don’t even like to say it because I’ll be arrested,” prompting a man nearby to reply, “Then let’s not say it.” Epps responds: “I’ll say it. We need to go into the Capitol!” A young man in the crowd, wearing an American flag neck gaiter, replies, “I didn’t see that coming!”

On Jan. 6, as crowds milled about the Washington Monument in long lines to get in to watch Trump’s speech, Epps could be heard shouting through a megaphone: “As soon as our president is done speaking, we are going to the Capitol, where our problems are. It’s that direction. Please spread the word!”

Epps is seen again in video footage taken at the metal barricades outside the Capitol at 12:50 p.m., as a small crowd chants, “USA! USA!”

He whispers something in the ear of a man wearing a backward Make America Great Again cap. A few seconds later, the young man helps push over the barricade as Epps steps back to watch. This first breach of the security perimeter was 20 minutes before Trump finished his speech. Epps is then seen sprinting with the crowd up the steps toward the Capitol.

A few days after the Jan. 6 violence, the FBI placed a photo of Epps on a “Seeking Information” poster, asking for the public’s help in identifying those who breached the Capitol. He could be seen in Photograph No. 16. That photo has since been scrubbed from the FBI website.

Ray Epps is shown at lower left on an early FBI wanted poster, but his photo has since been scrubbed from the FBI website. (FBI.gov/Wayback Machine)

On the current list of 1,559 photographs of people the FBI wants to identify, there is no longer a No. 16. The list skips from Photograph No. 15 to Photograph No. 17. Epps hasn’t been arrested or charged.

John Guandolo, a former FBI agent and counter-terrorism expert who was on the Capitol grounds on Jan. 6, said he saw FBI agents dressed as protesters.

“For a good portion of the day, I was with law enforcement, FBI, etcetera,” Guandolo said in an interview for the documentary “Capitol Punishment.” “Guys would walk by, and we’d look at each other and be like, ‘Two more right there. Here comes another. There’s another one.’ They were everywhere.”

Revolver, an alternative news outlet, identified others around the Capitol grounds who were active participants in the breach but whose photos weren’t included on the FBI’s wanted list. One man, wearing a grey Bulwark jacket, knit cap, and sunglasses, is seen on video rolling up the green plastic fencing around the security perimeter. He pulls up the stakes and removes the “Area Closed” signs.

A man in a blue cap with a blue bullhorn is seen in multiple videos atop the media tower erected for the inauguration. Dubbed “Scaffold Commander” by online researchers, he barks out directives and encouragement for 90 minutes. “Don’t just stand there! Keep moving!” “Move forward! Help somebody over the wall!” Once the crowd filled in around the Capitol, Scaffold Commander switched gears. “We’re in! Come on! We gotta fill up the Capitol! Come now, we need help!”

Revolver’s video investigation said that whether or not Epps and Scaffold Commander knew each other, their words and actions worked well together. “So we have Scaffold Commander directing the body of the crowd from the tower above, and Ray Epps directing the vanguard front-liners at the police line below,” the Dec. 18 story read. “Yet neither one of them has been prosecuted, nor is either presently ‘wanted’ by the FBI.”

Revolver founder Darren Beattie took to Twitter to ask Epps to expose who his handlers were. “But now, it is time to think for yourself, Ray. Forget about your boat and your ranch and your grill. If you make the right move and tell the truth, you change everything,” Beattie wrote on Dec. 29.

Neither Epps, the FBI, nor federal prosecutors have commented on Epps’s actions that day, on whether he worked for the FBI, or on why he hasn’t been indicted. Epps told an Arizona Republic reporter on Jan. 12, 2021, “I didn’t do anything wrong.”

Rep. Thomas Massie (R-Ky.) asked Attorney General Merrick Garland on Oct. 21 to dispel concerns about the Epps videos, but Garland wouldn’t comment.

“You’ve said this was one of the most sweeping investigations in history,” Massie said during a public hearing. “Have you seen that video, those frames from that video?”

Garland began talking about a standing practice of not commenting on investigative specifics, before Massie interrupted him: “How many agents or assets of the federal government were present on January 6th, whether they agitated to go into the Capitol, and if any of them did?”

Garland’s reply: “I’m not going to comment on an investigation that’s ongoing.”

What Is the Significance of Unindicted Actors?

Attorneys who represent Jan. 6 defendants say if Epps or other participants were FBI informants or agents, then it blows a hole in the idea that Trump supporters were solely responsible for violence at the Capitol. Participation by government actors could legally invalidate conspiracy charges, they say.

Attorney Jonathon Moseley, who represents Jan. 6 defendant Kelly Meggs of Dunnellon, Florida, a member of the Oath Keepers, issued subpoenas to Epps, Oath Keepers founder Stewart Rhodes, and other men who played visible roles on Jan. 6. As Meggs’s April trial on conspiracy charges approaches, Moseley wants to know why Epps was at the Trump rally and Capitol, and whether he was working for the government.

Moseley said Epps was seen at the first breach of a police line at the pedestrian walkway, about 200 yards from the Capitol building. Video shows Epps as he appears to rush the makeshift barricade erected by police, “then stops short,” Moseley said.

Ray Epps at the U.S. Capitol on Jan. 6, 2021, shortly before pepper gas is shot into the crowd. “Been a long time,” he says after coughing. “Aah, I love it!” (Screen Capture/Rumble)

“It’s like he’s head-faking people to rush with him, but then he never touches it,” he said. “A police officer falls—I think it may be a woman—and his immediate instinct is to go help her, and he thinks better of it and steps back. It really looks like he’s undercover.”

Moseley said the involvement of government-paid actors in facilitating or inciting the breach of the Capitol complex would create reasonable doubt in just about any of the Jan. 6 cases.

“There are legal consultants who keep emphasizing that, legally, you can’t conspire with the government. So if he’s working directly or indirectly for the government, then people are innocent of the conspiracy,” Moseley said. “It’s a legal rule. If there are 10 people conspiring and one of them is with the government, not only could it be entrapment, but it also may invalidate a conspiracy.”

That type of legal issue has been raised in a Michigan case in which a group of men stand accused in federal court of a plot to kidnap Michigan Gov. Gretchen Whitmer, a Democrat. Defense attorneys recently filed a motion to dismiss the case, contending that government agents and informants concocted the kidnapping plan and pushed to convince the defendants to participate.

Are Jan. 6 Detainees Political Prisoners?

Third-world banana republics are notorious for terrible prison conditions and brutal treatment of the accused and convicted alike. Some lawyers, family members, and defendants believe the District of Columbia operates a jail that would be at home in any of those countries. The jail is sometimes called “DC-GITMO,” after the U.S.-run terrorist detention camp in Guantánamo Bay, Cuba.

The poor accommodations at the D.C. jail have long been the subject of discussion in the nation’s capital. The Washington Post said conditions there were “deplorable,” an ironic descriptor, considering who the jail’s primary occupants are these days. The issue got national attention in 2021 because of repeated allegations of brutal, abusive treatment of men accused of Jan. 6 crimes.

A 28-page report issued in late 2021 by Rep. Marjorie Taylor Greene (R-Ga.) said treatment of Jan. 6 detainees was “inhumane.” (Document Cover/Marjorie Taylor Greene)

“American citizens are being tortured right now within five miles of the White House,” said Joseph McBride, a New York attorney who represents a half-dozen Jan. 6 defendants.

“America does not punish its citizens pre-trial,” McBride wrote on Twitter. “Authoritarian regimes do.”

McBride said his clients have suffered treatment that should never happen in America, all because they supported Trump by being at the U.S. Capitol on that fateful day. During incarceration, they’ve suffered—among other things—severe beatings by guards; the denial of medical attention, including medications for chemotherapy; and refusal of food, McBride said.

Christopher Quaglin, charged with assaulting police officers during the riot, suffers from celiac disease, but the jail feeds him only food with gluten, McBride said. He has been refused medical treatment. “Yes, we are extremely concerned that he will die,” McBride wrote on Twitter on Dec. 27.

Ted Hull, the superintendent of Northern Neck Regional Jail, where Quaglin is housed, said McBride’s assertions are wrong.

Christopher Quaglin with his wife, Moria, who fears her husband could die without medical attention in federal custody. (Courtesy Quaglin Family)

“Regardless of Mr. McBride’s fictitious assertions,” Hull told The Epoch Times, “inmate Quaglin is and has been receiving the appropriate dietitian-designed diet consistent with his specific dietary requirements and the appropriate level of medical services consistent with his diagnosis.”

Rep. Marjorie Taylor Greene (R-Ga.) toured the D.C. jail with Rep. Louie Gohmert (R-Texas) in November, then issued a 28-page report titled “Unusually Cruel.” The report said the conditions for the Jan. 6 detainees were “inhumane.”

Couy Griffin, the founder of Cowboys for Trump who attended the Jan. 6 Trump rally and was on the Capitol grounds, never went inside the Capitol building. He was charged with entering and remaining in a restricted building, and disorderly and disruptive conduct in a restricted building. He was arrested and jailed, but eventually released while awaiting trial.

“I spent the next nine days in that cell in total solitary confinement. No shower, no phone, no attorney,” Griffin said in the film “Capitol Punishment.” The guards, he said, often chanted “F Trump! F Trump!” and called him an “[expletive] white cracker.” He complained about his treatment to the deputy warden, who he said told him, “The only job these guards have is to keep your chest moving up and down.”

Richard Barnett of Gravette, Arkansas, faced seven charges for his alleged actions on Jan. 6, including sitting in the office chair of House Speaker Nancy Pelosi, captured in a now-iconic news photograph.

One day during his four-month detention, Barnett experienced tightness in his chest and arm pain. He called for help, but the guard who responded only mocked and laughed at him. Barnett then called out to a female staff member, who said she would get help. “Richard [lay] there for a significant period of time—certainly enough for him to die,” read McBride’s report on jail conditions, which he sent to Amnesty International.

After being given a medical checkup and returned to his cell, Barnett fell asleep. A guard began pounding on the glass door to his cell, jolting him awake so quickly he stood up and then fainted, hitting his head on the sink. Now bleeding from a head wound, Barnett screamed for an hour before help came, the report said.

One day, Barnett’s cell door opened, and some nine officers entered, cuffing his wrists and shackling his legs. Guards violently shook him back and forth, lifted him off his feet by the shackles, and slammed him headfirst into the concrete floor, according to McBride’s report, a copy of which was also sent to the American Civil Liberties Union.

The U.S. Marshals Service conducted a surprise inspection of the D.C. jail facilities in October and interviewed 300 detainees. Conditions at the jail “do not meet the minimum standards of confinement,” the Marshals report said. As a result, the Marshals Service removed all of its detainees and transferred them to facilities in the federal Bureau of Prisons. This didn’t include the Jan. 6 detainees.

Emery Nelson, spokesperson for the Bureau of Prisons, said the agency doesn’t comment on “anecdotal allegations” or provide information about individual inmates.

“The Bureau of Prisons (BOP) is committed to accommodating the needs of federal offenders and ensuring the safety and security of all inmates in our population, our staff, and the public,” Nelson said. “The BOP takes seriously our duty to protect the individuals entrusted in our care.”

Who Died at the Capitol on Jan. 6?

One person was killed at the hands of U.S. Capitol Police, and police action might have contributed to the death of two others, but the four other deaths related to Jan. 6 were either from natural causes or suicides.

Ashli Babbitt was shot in the left shoulder and killed as she crawled through a broken window at the entry to the Speaker’s Lobby. Ashli’s husband, Aaron Babbitt, said a careful examination of video footage from the hallway indicates Ashli was upset with rioters who smashed glass in the double doors. He thinks she panicked and sought escape through the window, only to be shot by Lt. Michael Byrd as a result. She was unarmed and presented no threat to anyone, Aaron Babbitt said.

Capitol Police Lt. Michael Byrd aims his Glock 22 at the window where Ashli Babbitt was about to appear. (CapitolPunishmentTheMovie/Bark at the Hole Productions)

Rosanne Boyland, 34, of Georgia, died in or near the West Terrace tunnel at the Capitol. McBride says surveillance video shows Boyland was beaten by a police officer as she lay on the ground. The D.C. medical examiner ruled the death accidental: intoxication from a prescription medication.

Kevin Greeson, 51, of Georgia, died on the Capitol grounds of a heart attack brought on by cardiovascular disease, the medical examiner ruled.

Benjamin Phillips, 50, of Pennsylvania, died of atherosclerosis, heart disease characterized by fatty plaques that build up in the arteries, the medical examiner ruled.

Of the three police officers who died in the weeks following Jan. 6, Sicknick died from natural causes, and Liebengood and Smith died from suicide.

Did Democrats Weaponize Jan. 6?

Rep. Rodney Davis (R-Ill.), ranking member of the Committee on House Administration, accused House Speaker Nancy Pelosi (D-Calif.) and House Democrats of “weaponizing events of January 6th against their political adversaries.”

Davis sent a letter to Pelosi on Jan. 3, 2022, complaining that House Democrats repeatedly obstructed attempts by Republican lawmakers to investigate security vulnerabilities at the U.S. Capitol before and during Jan. 6 violence. The obstruction came through denial of House records and ignoring repeated requests for documents, Davis wrote.

“Unfortunately, over the past twelve months, House Democrats have been more interested in exploiting the events of January 6th for political purposes than in conducting basic oversight of the security vulnerabilities exposed that day,” Davis wrote.

Specifically, lawmakers want to know about a request that former U.S. Capitol Police Chief Steven Sund said he made to then-House Sergeant-at-Arms Paul Irving prior to Jan. 6 for “the assistance of the National Guard,” Davis wrote. Sund reported that Irving was “concerned about the ‘optics’ of a National Guard presence at the Capitol.” During violence on Jan. 6, when Sund asked about getting authorization for the National Guard, Irving responded that he “needed to run it up the chain of command,” the letter said.

Former U.S. Capitol Police Chief Steven Sund testifies at a Senate Homeland Security and Governmental Affairs and Senate Rules and Administration committees joint hearing on Capitol Hill in Washington on Feb. 23, 2021. (Erin Scott/Pool/AFP via Getty Images)

In February 2021 testimony before the U.S. Senate, Irving denied Sund’s claims. Republican lawmakers then requested access to Irving’s communications to substantiate that denial. Davis said he wrote to House General Counsel Douglas Letter to request those records, but Letter never replied.

“Both the Sergeant at Arms and the chief administration officer failed to produce any documents to Republicans pursuant to our requests,” Davis wrote, “suggesting that these House officers may be providing documents only to Democrats on a partisan basis.”

Davis said Republicans want to know why Sund’s Jan. 4, 2021, request for National Guard support on Jan. 6 was denied, and whether Pelosi or her staff ordered the refusal. They also want to know what conversations occurred during Capitol violence on Jan. 6, when Sund again asked for National Guard help. Finally, they want to know why the select committee on Jan. 6, appointed by Pelosi, won’t examine the speaker’s role “in ensuring the proper House security preparations,” the letter said.

When asked whether the speaker had responded to Davis, Henry Connelly, Pelosi’s communications director, referred The Epoch Times to a statement issued by House Administration Committee Chair Zoe Lofgren (D-Calif.).

“The Ranking Member’s letter is pure revisionist fiction. The Chief Administrative Officer and House Sergeant at Arms have already notified Ranking Member Davis they are complying with preservation requests and will fully cooperate with various law enforcement investigations and bonafide congressional inquiries,” Lofgren said in the statement.

From the inception of the Select Committee to Investigate the January 6th Attack on the United States Capitol, Republican leadership discounted its work because Pelosi rejected two of the five Republicans chosen by House Minority Leader Kevin McCarthy (R-Calif.) for the probe. McCarthy then withdrew his picks. Pelosi appointed Reps. Liz Cheney (R-Wyo.) and Adam Kinzinger (R-Ill.) to serve on the nine-member panel.

The select committee could issue at least an interim report by mid-2022 and a final report in the fall, committee sources told several media outlets. Committee chairman Rep. Bennie Thompson (D-Miss.) said in December that there was no set schedule for public hearings to release the group’s findings.

The Epoch Times asked the Department of Justice for comment on the presence of federal agents on Jan. 6, but didn’t receive a reply by press time. The Epoch Times contacted Epps through his business for comment, but didn’t receive a reply by press time.

Tyler Durden
Thu, 01/06/2022 – 16:20

via ZeroHedge News https://ift.tt/32T2yKI Tyler Durden

She Who Seeks Pseudonymity Must Provide Pseudonymity

From today’s decision by Judge Elizabeth Dillon (W.D. Va.) in Doe v. Virginia Polytechnic Inst.:

Jane Doe was enrolled as an undergraduate student at Virginia Tech, where she met another student, Jill Roe. Doe and Roe began a dating relationship. Over the next few weeks, Doe and Roe went on multiple dates and spent a substantial amount of time together. In September 2020, after a night out, Roe asked Doe to spend the night at her apartment where the two engaged in sexual activity.

The next day, Roe accused Doe of taking advantage of her. Roe then filed a complaint with the Virginia Tech Office of Equity and Accessibility, alleging that Doe sexually assaulted her at an off-campus apartment after a night out drinking. An investigator with the university, Kristin Barnett, investigated Roe’s complaint.

During the investigation, Barnett opened a second case against Doe involving a claim by Doe’s freshman roommate, Joy Smith. Smith alleged that, during the prior year, she and Doe had a sexual relationship and Doe engaged in nonconsensual sexual activity with Smith. Smith became acquainted with Roe, and she filed her complaint against Doe shortly after Roe filed her own complaint against Doe….

On January 20, 2021, Doe received a letter from McCrery and Sloan stating that they found Doe responsible for violating Virginia Tech’s policies on rape and sexual battery, and not responsible for assault or stalking. In addition, Doe was dismissed from the university…. Doe filed suit against Virginia Tech [and Virginia Tech officials] alleging that they violated: (1) the Due Process Clause of the Fourteenth Amendment; and (2) Title IX. Specifically, Doe argues that Virginia Tech should have adjudicated Roe and Smith’s allegations separately and should have applied the Title IX procedures to the adjudication. In addition, Doe claims that “Virginia Tech’s decision to render the harshest available sanction against Ms. Doe—expulsion—is significantly harsher than comparably similar student conduct cases involving male students accused of sexual assault involving heterosexual activity at Virginia Tech, who were on average suspended, but not expelled.[“]

The question then turned to whether Doe could proceed pseudonymously, and the court said no:

Recently, in Doe v. Virginia Polytechnic Inst. & State Univ., the undersigned held that a student may proceed under a pseudonym where he sued Virginia Tech for violations of his due process rights related to the university’s investigation of allegations of dating-related violence against him. Id. The court reasoned that the litigation was “‘a matter of sensitive and highly personal nature’ because [the plaintiff was] an accused perpetrator of domestic violence.”

“Like sexual misconduct, allegations of domestic violence or abusive dating relationships involve sensitive and highly personal facts that can invite harassment and ridicule.” [See] Doe v. The Rector & Visitors of George Mason Univ. (E.D. Va. 2016) (“There can be no doubt that the litigation here focuses on a matter of sensitive and highly personal nature. Plaintiff has been accused of sexual misconduct, the mere accusation of which, if disclosed, can invite harassment and ridicule.”)…. In addition, the court noted that “Doe’s identification may put him at risk for physical or mental harm by persons who know that he has been found responsible for domestic violence” and anonymity would not prejudice Virginia Tech because the university already knew Doe’s identity.

Here, and unlike the case discussed above, … plaintiff … is not seeking to preserve her own privacy in any legitimate way. Instead, she seeks privacy while naming two non-parties—one is named approximately 91 times and the other approximately 36 times—who assert that they are plaintiff’s victims. Moreover, plaintiff imbedded photographs of herself and one of the non-parties in the complaint.

As this court has stated previously, “… the trial court must ‘carefully review all the circumstances of [the] case and then decide whether the customary practice of disclosing the plaintiff’s identity should yield to the plaintiff’s privacy concerns.'” Given the fact that plaintiff decided to name others repeatedly and include photographs of herself and another, the court cannot, and does not, find that her motion to proceed under a pseudonym is genuinely for the purpose of preserving her privacy or avoiding retaliatory harm….

The court went on to grant Virginia Tech’s motion to (in effect) redact the accusers’ names from the Complaint and other papers:

The third parties are named in a highly sensitive and personal matter; they did not voluntarily disclose their identities by including photographs of themselves in any pleading; there is a risk of harm to them as non-parties by being known as persons who asserted that they were victims of sexual violence; they have an interest in not having their sexual orientations publicized without their consent; they were college students at the time; and defendants are not prejudiced as they know the identities of the third parties. Accordingly, the court will grant the third-party motion to seal.

See also Doe v. Kidd, 19 Misc. 3d 782, 789 (N.Y. Sup. Ct. 2008) (denying pseudonymity to a plaintiff alleging sexual assault, partly on the grounds that “in response to news reporters’ queries, plaintiff’s representatives reasserted the allegations in the complaint, and openly identified and criticized the defendant, thereby sensationalizing this case even more”).

Conversely, some (but far from all) courts that have considered such matters when alleged sexual assault victims sue the alleged assaulters, some courts have concluded that the fair solution is to allow both parties to be pseudonymous: “[I]f the plaintiff is allowed to proceed anonymously, … it would serve the interests of justice for the defendant to be able to do so as well, so that the parties are on equal footing as they litigate their respective claims and defenses.” Doe v. Doe, No. 20-CV-5329(KAM)(CLP), 2020 WL 6900002, *3 (E.D.N.Y. Nov. 24, 2020); see also Doe v. Am. Fed. of Gov’t Employees, No. 1:20-cv-01558-JDB, at 6 n.2 (D.D.C. June 19, 2020); Doe v. City of New York, 201 F.R.D. 100, 102 (S.D.N.Y. 2001); Doe v. Doe, No. CV146015861S, 2014 WL 4056717 (Conn. Super. Ct. Ansonia-Milford Dist.); Doe v. Anonymous #1, No. 520605/‌‌2020E (N.Y. Sup. Ct. Kings Cty. Feb. 24, 2021); Doe v. Moravian College, No. 5:20-cv-00377-JMG, at 2 n.2 (E.D. Pa. Jan. 11, 2021); Doe v. Smith, 105 F. Supp. 2d 40, 44 (E.D.N.Y. 1999); Doe v. Tenzin Masselli, No. MMXCV145008325, 2014 WL 6462077, *2 (Conn. Super. Ct. Oct. 15, 2014) (leaving open the door to Doe v. Roe lawsuits in some such cases); Bike v. Sollene, No. CV126027065S, 2012 WL 5476887, *2 (Conn. Super. Ct. Oct. 15, 2012) (discussing some Connecticut cases where pseudonymity was allowed to such defendants). I’m not saying this to endorse categorical mutual pseudonymity in such cases, but to note the tendency  in some cases to favor treating the parties equally with regard to pseudonymity—and, as we see in this case, to bristle at plaintiffs who seek pseudonymity for them but not for their adversaries.

Thanks to Prof. KC Johnson for the pointer.

The post She Who Seeks Pseudonymity Must Provide Pseudonymity appeared first on Reason.com.

from Latest – Reason.com https://ift.tt/3q3nZ4Q
via IFTTT

January 6 and the Problem of Political Ignorance


Capitol-riot-1-6-21-Newscom-5
The Attack on the Capitol. January 6, 2021.

 

A number of factors helped inspire the attack on the Capitol that took place one year ago today. But one big one was ignorance: The rioters believed that Donald Trump was the real winner of the 2020 election, and that Joe Biden has “stolen” it through fraud. They clung to this belief, despite overwhelming evidence to the contrary, including numerous court decisions rejecting GOP claims of fraud, many of them authored by conservative, Republican-appointed judges.

Sadly, this delusion is not limited to the comparatively small group of extremists who actually participated in the January 6 attack. Polls consistently show that a large majority of Republicans still believe that Biden did not win the 2020 election legitimately. This despite the fact that the evidence against that view is even stronger today than it was a year ago. For example, it has been augmented by an investigation conducted by GOP members of the Michigan state legislature. In Arizona, an audit conducted by the “Cyber Ninjas” – consultants hired by pro-Trump Republicans hoping to find evidence of fraud – actually concluded that Biden won by a larger margin than the official vote tally indicates.

The persistence of the Trumpist “Big Lie” about the election poses obvious dangers. Among other things, it increases the chances that similar violence might recur in future elections, should Trump – or some other GOP candidate – again lose. After all, violence might well seem justified to people who believe that the opposing party “stole” the election from their candidate. In addition, the belief that the opposing party is trying to steal an election might well lead partisans to support similar efforts to by their own party, such as Trump’s attempts to pressure state officials into falsifying the vote count in his favor. Some Republicans are planning more systematic efforts of this kind for future elections.

Why do so many Republicans believe blatant falsehoods about the 2020 election? The answer is rooted the broader problem of political ignorance. Because there is so little chance that any one vote will make a difference to the outcome of an election, most people are “rationally ignorant” about politics and government policy. They spend little time seeking out relevant information, and are often ignorant of even basic facts about the political system, such as the names of the three branches of government. Such ignorance makes people more susceptible to lies and conspiracy theories, including those about the 2020 election.

I summarized the connections in a November 2020 post, in which I first warned about the dangers of Trump’s lies about the election:

In [my book] Democracy and Political Ignorance, I described how belief in conspiracy theories is partly fueled by general public ignorance about government and public policy. Most of the public has little understanding of government and political institutions. They thus underestimate the extreme difficulty of planning, coordinating, and covering up large-scale conspiracies. Birtherism, trutherism, and Covid conspiracy theories are all more prevalent among people with relatively low levels of education and political knowledge. The less you know about government, the easier it is to believe that events are controlled by a shadowy cabal of ultra-competent evil-doers who can skillfully cover up their misdeeds.

But the popularity of conspiracy theories is also boosted by partisan and ideological bias. In assessing political information, most people act not as objective truth-seekers, but as “political fans” who tend to overvalue any claims that cohere with their preexisting views, and downplay or ignore any that cut against them. Much like sports fans, who tend to be biased in favor of their preferred team and against its rivals, political fans are highly biased in favor of their preferred party and ideology, and against its opponents.

Thus, it is not surprising that trutherism was especially popular among Democrats (many of whom hated George W. Bush), birtherism appealed primarily to Republicans (many of whom hated Obama), and Trump’s election conspiracy theories appeal almost exclusively to his own supporters. Particularly in an era of severe polarization, partisan bias has a big impact on voters, leading many to believe ludicrous claims they might otherwise reject.

For much the same reasons as they have little incentive to seek out information, most voters also have little incentive to objectively evaluate the information they do learn. They instead often indulge ideological, partisan, and other biases – a phenomenon economist Bryan Caplan dubbed “rational irrationality.” These dynamics are pretty obviously at work when it comes to many GOP partisans’ beliefs about the 2020 election.

As I emphasized in the November 2020 post and in many other writings, ignorance and bias of this kind is far from unique to Trump supporters or to the right side of the political spectrum. There is no shortage of left-wing examples, including widespread belief in 9/11 “trutherism,” referenced in my earlier post. Social science evidence indicates that partisan bias in evaluation of political information is widespread among both liberals and conservatives, with neither side being significantly better or worse than the other. It would be a mistake for liberals (or anyone else) to assume that ignorance and bias are problems confined to the other side of the political spectrum, to which their own side is blissfully immune. Politicians across the political spectrum routinely exploit voter ignorance and partisan bias –  a problem that long predates Trump. Barack Obama, for example, did so with his strategy of using a blatant lie to sell the Affordable Care Act to the public.

Nonetheless, the persistence of the Big Lie about the 2020 election is a particularly dangerous example of this broader phenomenon. The risk is that it could lead to actions that gravely undermine the basic structure of liberal democracy – ironically, in the name of saving it. That makes it more dangerous than a lie that “merely” facilitates the enactment of a specific dubious policy.

There is no easy or quick solution to the problem. Some possible paths to undermining future elections can be closed off through legal and institutional reforms, such as fixing loopholes in the Electoral Count Act. It also helps that a large majority of Americans reject the Trumpist take on the election and hold Trump at least in large part responsible for  the events of January 6, even as a majority of Republicans continue to believe in the Big Lie. Elsewhere, I have argued that the best long-run antidote to political ignorance is to limit and decentralize political power, and expand opportunities for people to “vote with their feet.”

Nonetheless, there is still a risk of further violence and attempts to undermine elections so long as the base of one of the two major parties persists in this kind of delusion. Breaking that delusion, once it has become widely established, is a difficult task.

“Mainstream” media and public policy experts can continue to debunk Trump’s lies. But, for a variety of reasons – both good and bad – most Trump supporters have little faith in these sources. Many (like most other voters) probably don’t even pay much attention to the details of media and expert analyses of election issues.

Both common sense and some empirical research indicates that people are more likely to accept unpalatable political truths when those are presented by people they perceive to be on “their” side. Thus, Republicans may be more likely to accept that the 2020 election wasn’t “rigged” if they hear it from leaders or experts who are themselves conservative Republicans. But most GOP politicians are wary of angering Trump and the Party’s base. Those who have spoken out – like Wyoming Rep. Lynne Cheney – have faced ostracism from the party as a result.

Today, big-name Republican political adviser and pundit Karl Rove performed a potentially useful service by publishing a high-profile Wall Street Journal article denouncing both the January 6 attack and lies about the election outcome. Rove urges fellow Republicans to join him in speaking out. Whether they heed his call remains to be seen.

In sum, this will be a difficult challenge to overcome. But the beginning of wisdom is to at least recognize that the problem is rooted in the broader dynamics of political ignorance and bias – dynamics that are far from unique to Trumpist Republicans, or to this specific issue. We should also recognize there is room for incremental progress through institutional reform and other measures, even if we cannot quickly achieve a comprehensive solution. In the long run, we should also work towards restructuring the political system in ways that reduce the influence of public ignorance, and empower people to make decisions in settings where there are much better incentives to seek out information and use it wisely.

 

The post January 6 and the Problem of Political Ignorance appeared first on Reason.com.

from Latest – Reason.com https://ift.tt/3qSXi1F
via IFTTT

She Who Seeks Pseudonymity Must Provide Pseudonymity

From today’s decision by Judge Elizabeth Dillon (W.D. Va.) in Doe v. Virginia Polytechnic Inst.:

Jane Doe was enrolled as an undergraduate student at Virginia Tech, where she met another student, Jill Roe. Doe and Roe began a dating relationship. Over the next few weeks, Doe and Roe went on multiple dates and spent a substantial amount of time together. In September 2020, after a night out, Roe asked Doe to spend the night at her apartment where the two engaged in sexual activity.

The next day, Roe accused Doe of taking advantage of her. Roe then filed a complaint with the Virginia Tech Office of Equity and Accessibility, alleging that Doe sexually assaulted her at an off-campus apartment after a night out drinking. An investigator with the university, Kristin Barnett, investigated Roe’s complaint.

During the investigation, Barnett opened a second case against Doe involving a claim by Doe’s freshman roommate, Joy Smith. Smith alleged that, during the prior year, she and Doe had a sexual relationship and Doe engaged in nonconsensual sexual activity with Smith. Smith became acquainted with Roe, and she filed her complaint against Doe shortly after Roe filed her own complaint against Doe….

On January 20, 2021, Doe received a letter from McCrery and Sloan stating that they found Doe responsible for violating Virginia Tech’s policies on rape and sexual battery, and not responsible for assault or stalking. In addition, Doe was dismissed from the university…. Doe filed suit against Virginia Tech [and Virginia Tech officials] alleging that they violated: (1) the Due Process Clause of the Fourteenth Amendment; and (2) Title IX. Specifically, Doe argues that Virginia Tech should have adjudicated Roe and Smith’s allegations separately and should have applied the Title IX procedures to the adjudication. In addition, Doe claims that “Virginia Tech’s decision to render the harshest available sanction against Ms. Doe—expulsion—is significantly harsher than comparably similar student conduct cases involving male students accused of sexual assault involving heterosexual activity at Virginia Tech, who were on average suspended, but not expelled.[“]

The question then turned to whether Doe could proceed pseudonymously, and the court said no:

Recently, in Doe v. Virginia Polytechnic Inst. & State Univ., the undersigned held that a student may proceed under a pseudonym where he sued Virginia Tech for violations of his due process rights related to the university’s investigation of allegations of dating-related violence against him. Id. The court reasoned that the litigation was “‘a matter of sensitive and highly personal nature’ because [the plaintiff was] an accused perpetrator of domestic violence.”

“Like sexual misconduct, allegations of domestic violence or abusive dating relationships involve sensitive and highly personal facts that can invite harassment and ridicule.” [See] Doe v. The Rector & Visitors of George Mason Univ. (E.D. Va. 2016) (“There can be no doubt that the litigation here focuses on a matter of sensitive and highly personal nature. Plaintiff has been accused of sexual misconduct, the mere accusation of which, if disclosed, can invite harassment and ridicule.”)…. In addition, the court noted that “Doe’s identification may put him at risk for physical or mental harm by persons who know that he has been found responsible for domestic violence” and anonymity would not prejudice Virginia Tech because the university already knew Doe’s identity.

Here, and unlike the case discussed above, … plaintiff … is not seeking to preserve her own privacy in any legitimate way. Instead, she seeks privacy while naming two non-parties—one is named approximately 91 times and the other approximately 36 times—who assert that they are plaintiff’s victims. Moreover, plaintiff imbedded photographs of herself and one of the non-parties in the complaint.

As this court has stated previously, “… the trial court must ‘carefully review all the circumstances of [the] case and then decide whether the customary practice of disclosing the plaintiff’s identity should yield to the plaintiff’s privacy concerns.'” Given the fact that plaintiff decided to name others repeatedly and include photographs of herself and another, the court cannot, and does not, find that her motion to proceed under a pseudonym is genuinely for the purpose of preserving her privacy or avoiding retaliatory harm….

The court went on to grant Virginia Tech’s motion to (in effect) redact the accusers’ names from the Complaint and other papers:

The third parties are named in a highly sensitive and personal matter; they did not voluntarily disclose their identities by including photographs of themselves in any pleading; there is a risk of harm to them as non-parties by being known as persons who asserted that they were victims of sexual violence; they have an interest in not having their sexual orientations publicized without their consent; they were college students at the time; and defendants are not prejudiced as they know the identities of the third parties. Accordingly, the court will grant the third-party motion to seal.

See also Doe v. Kidd, 19 Misc. 3d 782, 789 (N.Y. Sup. Ct. 2008) (denying pseudonymity to a plaintiff alleging sexual assault, partly on the grounds that “in response to news reporters’ queries, plaintiff’s representatives reasserted the allegations in the complaint, and openly identified and criticized the defendant, thereby sensationalizing this case even more”).

Conversely, some (but far from all) courts that have considered such matters when alleged sexual assault victims sue the alleged assaulters, some courts have concluded that the fair solution is to allow both parties to be pseudonymous: “[I]f the plaintiff is allowed to proceed anonymously, … it would serve the interests of justice for the defendant to be able to do so as well, so that the parties are on equal footing as they litigate their respective claims and defenses.” Doe v. Doe, No. 20-CV-5329(KAM)(CLP), 2020 WL 6900002, *3 (E.D.N.Y. Nov. 24, 2020); see also Doe v. Am. Fed. of Gov’t Employees, No. 1:20-cv-01558-JDB, at 6 n.2 (D.D.C. June 19, 2020); Doe v. City of New York, 201 F.R.D. 100, 102 (S.D.N.Y. 2001); Doe v. Doe, No. CV146015861S, 2014 WL 4056717 (Conn. Super. Ct. Ansonia-Milford Dist.); Doe v. Anonymous #1, No. 520605/‌‌2020E (N.Y. Sup. Ct. Kings Cty. Feb. 24, 2021); Doe v. Moravian College, No. 5:20-cv-00377-JMG, at 2 n.2 (E.D. Pa. Jan. 11, 2021); Doe v. Smith, 105 F. Supp. 2d 40, 44 (E.D.N.Y. 1999); Doe v. Tenzin Masselli, No. MMXCV145008325, 2014 WL 6462077, *2 (Conn. Super. Ct. Oct. 15, 2014) (leaving open the door to Doe v. Roe lawsuits in some such cases); Bike v. Sollene, No. CV126027065S, 2012 WL 5476887, *2 (Conn. Super. Ct. Oct. 15, 2012) (discussing some Connecticut cases where pseudonymity was allowed to such defendants). I’m not saying this to endorse categorical mutual pseudonymity in such cases, but to note the tendency  in some cases to favor treating the parties equally with regard to pseudonymity—and, as we see in this case, to bristle at plaintiffs who seek pseudonymity for them but not for their adversaries.

Thanks to Prof. KC Johnson for the pointer.

The post She Who Seeks Pseudonymity Must Provide Pseudonymity appeared first on Reason.com.

from Latest – Reason.com https://ift.tt/3q3nZ4Q
via IFTTT