“The state eventually dropped the charges against Miller. His two years in jail, however, took a toll, according to his criminal defense attorney, who said Miller’s cancer was in remission but recurred after the state locked him up, as he could not access his medication.
Following his release, Miller sued Craycraft. The district court concluded Craycraft was entitled to absolute immunity. The U.S. Court of Appeals for the 6th Circuit subsequently noted that Craycraft’s alleged chicanery was “difficult to justify and seemingly unbecoming of an official entrusted with enforcing the criminal law.” But that court went ahead and ratified the grant of absolute immunity anyway—a testament to the malfeasance the doctrine permits.
Core to the decision, and to similar rulings, is Imbler v. Pachtman (1976), the precedent in which the Supreme Court created the doctrine of absolute prosecutorial immunity. The Court ruled that a man who had spent years in prison for murder could not sue a prosecutor who allegedly withheld evidence that eventually exonerated him.
Plaintiffs’ only way around this doctrine is proving that a prosecutor committed misconduct outside the scope of his prosecutorial duties. It’s a difficult task. Louisiana woman Priscilla Lefebure sued local prosecutor Samuel C. D’Aquilla after he sabotaged her rape case against his colleague Barrett Boeker, then an assistant warden at the Louisiana State Penitentiary in Angola.”
“On its face, there’s nothing wrong with providing additional psychological support for federal agents who work with trafficking survivors. But HSI—a division of Immigration and Customs Enforcement—has quite a questionable record when it comes to “helping” trafficking victims. At times, HSI has been known to subject suspected victims to potentially traumatizing experiences. And much of the “human trafficking” work the agency does just involves plain old prostitution stings.”
“his victory virtually guarantees that he will never face serious legal accountability for an avalanche of alleged wrongdoing.”
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“Even the civil cases against him will now face new obstacles. Presidents can, in some circumstances, be subject to civil penalties from private lawsuits, but Trump will surely try to use the cloak of the presidency to avoid paying the hundreds of millions of dollars he owes in judgments for sexual abuse, defamation and corporate fraud.”
“The annual U.S. death toll from illegal drugs, which has risen nearly every year since the turn of the century, is expected to fall substantially this year. The timing of that turnaround poses a problem for politicians who aim to prevent substance abuse by disrupting the drug supply.
Those politicians include Republican presidential nominee Donald Trump, who promises to deploy the military against drug traffickers, and his Democratic opponent, Vice President Kamala Harris, whose platform is also heavy on supply-side tactics. Neither candidate seems to have absorbed the lessons of the “opioid epidemic,” which showed that drug law enforcement is not just ineffective but counterproductive, magnifying the harms it is supposed to alleviate.”
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“While replacing street drugs with methadone or buprenorphine reduces overdose risk, Dasgupta et al. say, it does not look like expanded access to such “medication-assisted treatment” can account for the recent drop in deaths. But they think it is “plausible” that broader distribution of the opioid antagonist naloxone, which quickly reverses fentanyl and heroin overdoses, has played a role.
By contrast, Dasgupta et al. say it is “unlikely” that anti-drug operations along the U.S.-Mexico border have helped reduce overdoses. They note that recent border seizures have mainly involved marijuana and methamphetamine rather than fentanyl, the primary culprit in overdoses, and that retail drug prices have been falling in recent years—the opposite of what you would expect if interdiction were effective.
Supply-side measures, which are doomed by the economics of prohibition, not only have failed to reduce drug-related deaths. They have had the opposite effect.
Prohibition makes drug use much more dangerous by creating a black market in which quality and purity are highly variable and unpredictable, and efforts to enforce prohibition increase those hazards. The crackdown on pain pills, for example, drove nonmedical users toward black-market substitutes, replacing legally produced, reliably dosed pharmaceuticals with iffy street drugs, which became even iffier thanks to the prohibition-driven proliferation of illicit fentanyl.
That crackdown succeeded in reducing opioid prescriptions, which fell by more than half from 2010 to 2022. Meanwhile, the opioid-related death rate more than tripled, while the annual number of opioid-related deaths nearly quadrupled.
Trump and Harris seem unfazed by that debacle. Trump imagines “a full naval embargo on the drug cartels,” while Harris aspires to “disrupt the flow of illicit drugs.” They promise to achieve the impossible while glossing over the costs of persisting in a strategy that has failed for more than a century.”
“Donald Trump’s lawyers have asked the judge who oversaw his Manhattan hush money trial, which ended in a conviction on 34 felony counts, to throw out the case now that Trump is president-elect.
Dismissing the case is “necessary to avoid unconstitutional impediments to President Trump’s ability to govern,” Trump’s lawyers wrote in a letter to the court made public Tuesday.
In light of Trump’s request, Justice Juan Merchan agreed to pause all proceedings in the case, including a ruling that had been expected Tuesday on whether the Supreme Court’s July decision on presidential immunity requires that Trump’s conviction be tossed.
“President-elect Donald Trump was indicted four times — including two indictments arising out of his failed attempt to steal the 2020 election. One of these indictments even yielded a conviction, albeit on 34 relatively minor charges of falsifying business records.
But the extraordinary protections the American system gives to sitting presidents will ensure that Trump won’t be going to prison. He’s going to the White House instead.”
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“Two of the indictments against Trump are federal, and two were brought by state prosecutors in New York and Georgia. The federal indictments (one about Trump’s role in fomenting the January 6 insurrection, and the other about his handling of classified documents) are the most immediately vulnerable. Once Trump becomes president, he will have full command and control over the US Department of Justice, and can simply order it to drop all the federal charges against him. Once he does, those cases will simply go away.
The White House does have a longstanding norm of non-interference with criminal prosecutions, but this norm is nothing more than that — a voluntary limit that past presidents placed on their own exercise of power in order to prevent politicization of the criminal justice system. As president, Trump is under no constitutional obligation to obey this norm. He nominates the attorney general, and he can fire the head of the Justice Department at any time.”
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“The fate of the state charges against Trump is a little more uncertain, in large part because there’s never been a state indictment of a sitting president before, so there are no legal precedents governing what happens if a state attempts such a prosecution (or, in the case of New York, to impose a serious sentence on a president who was already convicted).
It is highly unlikely that the state prosecutions can move forward, however, at least until Trump leaves office. On the federal level, the Department of Justice has long maintained that it cannot indict a sitting president for a variety of practical reasons: The burden of defending against criminal charges would diminish the president’s ability to do their job, as would the “public stigma and opprobrium occasioned by the initiation of criminal proceedings.” Additionally, if the president were incarcerated, that would make it “physically impossible for the president to carry out his duties.”
There’s little doubt that the current Supreme Court, which recently held that Trump is immune to prosecution for many crimes he committed while in office, would embrace the Justice Department’s reasoning.”
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“These same practical considerations would apply with equal force to a state prosecution of a president, and there’s also one other reason why a constitutional limit on state indictments of the president makes sense. Without such a limit, a state led by the president’s political enemies could potentially bring frivolous criminal charges against that president.”
“it’s not true that shoplifting less than $950 is no longer illegal—it can still be charged as a misdemeanor. “What Prop 47 did is increase the dollar amount by which theft can be prosecuted as a felony from $400 to $950 to adjust for inflation and cost of living,” Alex Bastian, who co-authored the proposition, told the Associated Press in 2021. “But most shoplifting cases are under $400 to begin with, so before Prop 47 and after Prop 47, there isn’t any difference.”
And even after being raised to $950, California’s felony threshold is lower than more than half of all other U.S. states: Deep red states like Montana and Kansas set theirs at $1,500, while Texas’s is set at $2,500.
“Under current law, prosecutors can already add together thefts that are demonstrably related, for example multiple thefts from the same store in the same week or skimming small amounts from your employer every day,” notes the Vera Institute of Justice, a nonprofit research and policy advocacy organization that supports criminal justice reform (and opposes Proposition 36).
In fairness, evidence indicates that certain crimes did increase after Proposition 47. “Driven by larcenies, property crime jumped after Prop 47 compared to the nation and comparison states,” according to a September 2024 report by the Public Policy Institute of California. At the same time, it wasn’t the biggest contributor: “Evidence is clearer that retail theft increased due to pandemic responses by the criminal justice system, and the increases were of greater magnitude than increases due to Prop 47.”
Similarly, a 2018 study in Criminology & Public Policy found “that Prop 47 had no effect on homicide, rape, aggravated assault, robbery, or burglary. Larceny and motor vehicle thefts, however, seem to have increased moderately,” but the rates of increase were both minor and had other potential causes.”
“On May 22, 2022, Michael Jennings, a pastor at a church in Childersburg, Alabama, was watering his out-of-town neighbor’s flowers when another neighbor called 911 to report a suspicious person. Two police officers, Christopher Smith and Justin Gable, soon arrived and began questioning Jennings.
Body camera footage of the incident shows that Jennings told the officers that his name was “Pastor Jennings” but refused to hand over his I.D. card, saying “I’m not gonna give you no I.D., I ain’t did nothing wrong….I used to be a police officer.”
“Come on man, don’t do this to me. There’s a suspicious person in the yard, and if you’re not gonna identify yourself—” said one of the officers, before Jennings interjected, “I don’t have to identify myself.”
The officers arrested Jennings, and he was booked at the Childersburg City Jail on obstruction of government operation charges. The charges were dropped just days later, and he then sued, claiming that the officers wrongfully arrested him and violated his constitutional right to be free from unreasonable search or seizure.
Last December a judge dismissed the suit, ruling that the officers had qualified immunity, protecting them from civil liability. (Qualified immunity is the doctrine that shields officials from federal civil rights claims unless their alleged actions violated “clearly established” law, with “clearly established” defined extremely narrowly.) But Jennings appealed, and last Friday a three-judge panel for the Eleventh Circuit Court of Appeals reversed the decision.”
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“Even if the officers had a right to demand Jennings identify himself, Jennings still complied with the state’s ID requirements. He told the officers who he was, that he lived across the street, and why he was in his neighbor’s yard.
“While it is always advisable to cooperate with law enforcement officers,” the opinion reads, “Jennings was under no legal obligation to provide his ID. Therefore, officers lacked probable cause for Jennings’ arrest for obstructing government operations because Jennings did not commit an independent unlawful act by refusing to give ID.”
With the court’s decision, Jennings can continue suing the officers who wrongfully arrested him. But it shouldn’t have taken this intervention for Jennings to be able to lodge his lawsuit in the first place. Stringent qualified immunity protections made police officers—and other government actors—virtually unaccountable for violating citizen’s rights. The fact that Jennings’ clear-cut case was dismissed in the first place reveals the deep flaws in that system.”
“”Criminal laws have grown so exuberantly and come to cover so much previously innocent conduct that almost anyone can be arrested for something,” Supreme Court Justice Neil Gorsuch observed in 2019. Gorsuch elaborates on that theme in his new book Over Ruled, showing how the proliferation of criminal penalties has given prosecutors enormous power to ruin people’s lives, resulting in the nearly complete replacement of jury trials with plea bargains.
“Some scholars peg the number of federal statutory crimes at more than 5,000,” Gorsuch and co-author Janie Nitze note, while “estimates suggest that at least 300,000 federal agency regulations carry criminal sanctions.” The fact that neither number is known with precision, they suggest, speaks volumes about the “unpredictable traps for the unwary” set by the government’s ever-expanding rules.
To illustrate “the human toll” of “too much law,” the book tells the story of Florida fisherman John Yates, whose grueling legal odyssey began with the charge that he had discarded undersized red grouper. That alleged act supposedly violated a law aimed at deterring the destruction of potentially incriminating financial records. Gorsuch also recalls the pretrial suicide of 26-year-old computer programmer Aaron Swartz, whom prosecutors threatened with “decades in prison and millions in fines” for downloading a bunch of articles from an online academic library without permission.
Over Ruled emphasizes how overmatched ordinary people are in disputes with bureaucrats empowered to write the rules under which they operate. Those nemeses include officials charged with dispensing government benefits, deciding whether immigrants can remain in the country, and enforcing the frequently arbitrary and petty restrictions inspired by COVID-19. Gorsuch also decries draconian prison sentences and mass incarceration, again illustrating how his supposedly right-wing instincts frequently overlap with progressive concerns. His compassion for people confronted by bewildering, absurdly punitive legal codes defies ideological stereotypes.”
“There is a “small number of non-detained migrants” who have been convicted of homicide but can’t be sent back to their home countries after serving their time, mostly because the U.S. doesn’t have repatriation agreements with those countries, Nowrasteh says. A 2001 Supreme Court decision bars ICE from indefinitely keeping someone in immigration detention, but “non-detained” people are often still subject to ICE check-ins or electronic monitoring.
Trump is also wrong to claim that these individuals all came to the U.S. under the Biden administration. The list “includes individuals who entered the country over the past 40 years or more,” explained the Department of Homeland Security in a Saturday statement, “the vast majority of whose custody determination was made long before this Administration.””
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“The number of convicted criminals on ICE’s nondetained docket hasn’t grown significantly under President Joe Biden, reported The Washington Post’s Glenn Kessler. In August 2016, five months before Trump took office, there were 368,574 on the docket; in June 2021, five months into Biden’s presidency, there were 405,786; and in December 2022, nearly two years into Biden’s presidency, there were 407,983.
As he campaigns ahead of the presidential election next month, Trump has routinely said outrageous, misleading, and false things about immigrants and crime. He often talks about a “migrant crime” wave and claims that it “is taking over America.” Much like his migrant murderers claim, the true picture looks very different. Crime decreased in the cities that received the most migrants through Texas’ Operation Lone Star busing activities, per NBC News. “The most recent significant crime spike in recent years occurred in 2020,” Cato Institute Associate Director of Immigration Studies David J. Bier told Reason in March, “when illegal immigration was historically low until the end of the year.”
Trump paints a terrifying picture of migrants and migration, but the reality is far more nuanced and far less dangerous than he would suggest.”