“”who makes our public health policy. The judiciary – a 35-year-old unelected judge – or the CDC and the Department of Health and Human Services?””
“On Wednesday, CNN Executive Vice President and General Counsel David Vigilante made a revelation sure to startle those unaware of the state’s vast power to not just seize information from journalists but bully their employers into silence about it under penalty of jail time.
“Since July 17, 2020,” Vigilante wrote, “I have been bound by a gag order or a sealing order that prohibited me from discussing, or even acknowledging, that the government was seeking to compel the disclosure of the professional email communications of CNN reporter Barbara Starr.”
The Justice Department under Attorney General William Barr had been requesting email header data and phone logs of Starr, a Pentagon reporter, dating from June 1 to July 31 of 2017, for reasons that are still unknown to any third parties aside from some federal judges operating a secret court. (Starr herself was not the target of the investigation, the feds confirmed to reporters.)
The Trump administration launched a crackdown in 2017 against national security-related leaks, an effort that led to the secret seizure of three Washington Post reporters’ phone records, which was revealed only last month. In doing so, former President Donald Trump’s DOJ prosecutors followed the rules and legal justifications established by their predecessors in the Obama administration, which prosecuted more leakers than every prior presidency combined, even charging Fox News White House chief James Rosen as “at the very least, either…an aider, abettor, and/or co-conspirator.””
“one of the only judges to lay eyes on the DOJ’s reasoning for harassing CNN concluded that it was based on “speculative predictions, assumptions, and scenarios unanchored in any facts.”
Commented CNN’s Vigilante: “This was the first characterization of the evidence we had seen, and it was stunning: After months of secret proceedings and heavy-handed enforcement tactics, a neutral judge said that, in large part, the emperor had no clothes.””
“As Nick Gillespie and I wrote six years ago, “From press accounts of similar actions at other news publications and social media sites, we know that it is increasingly common for the federal government to demand user information from publications and websites while also stifling their speech rights with gag orders and letters requesting ‘voluntary’ confidentiality.””
“while the increasing but still comparatively rare open clashes between the DOJ and news organizations tend to make headlines, the real data collection is happening every day, quietly, in the form of requests and subpoenas to social media companies and other third-party vendors.”
“The decision to toss out Flynn’s case is, to put it mildly, controversial. The DOJ is saying, implicitly, that they can’t prove that Flynn committed the crime he already confessed to, or that it’s simply not worth prosecuting even though he already pled guilty. Either scenario is, well, odd.
On the surface, there’s only one reason to drop this case: politics. Trump, and his Attorney General Bill Barr, think the Russia investigation was bogus to begin with. Flynn’s lawyers, for their part, have insisted that the FBI mishandled the investigation and entrapped him.”
“I reached out to eleven legal experts. While there wasn’t a perfect consensus, every expert agreed that the DOJ’s decision was highly unusual at best and an attack on the rule of law at worst.”
“About 99 percent of asylum seekers who were not detained or who were previously released from immigration custody showed up for their hearings over the last year, according to new data from the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, a think tank that tracks data in the immigration courts.
Studies from previous years have also disproven the idea that most migrants will choose to live in the US without authorization rather than see their immigration cases through. But it’s nevertheless a central idea in Trump’s immigration policies, including those that aim to keep migrants in Mexico rather than letting them walk free in the US.”
“Data from the DOJ suggests that the rate at which migrants overall show up for their immigration court proceedings is lower than the rate TRAC cites. In 2018, the most recent year for which data is available, about 75 percent of migrants showed up for their court hearings in 2018 — similar to rates over the previous five years. The DOJ has also reported that the number of migrants and asylum seekers who fail to show up for their hearings is on the rise.”
“There are comparatively low-cost alternatives to keeping immigrants in detention or sending them abroad, including the now-defunct Obama-era Family Case Management Program. Under that program, which Trump ended in June 2017, families were released and assigned to social workers who aided them in finding attorneys and accommodation and ensured that they showed up for their court hearings.
The program was small in scale, with no more than 1,600 people enrolled at any one time, but appeared to be successful in ensuring that 99 percent of participants showed up for their court appearances and ICE check-ins.”