“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.”
“his victory virtually guarantees that he will never face serious legal accountability for an avalanche of alleged wrongdoing.”
…
“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.”
“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.”
…
“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.”
Trump played a key role in destroying the USFL in the 1980s?
“The NFL would later introduce extensive evidence designed to prove that the USFL followed Trump’s merger strategy, and that this strategy ultimately caused the USFL’s downfall. The merger strategy, the NFL argued, involved escalating financial competition for players as a means of putting pressure on NFL expenses, playing in the fall to impair NFL television revenues, shifting USFL franchises out of cities where NFL teams played into cities thought to be logical expansion (through merger) cities for the NFL, and, finally, bringing an upcoming antitrust litigation..”
“Over the past five years, Chicago taxpayers have forked over nearly $400 million to resolve lawsuits stemming from officer misconduct, according to a new analysis of city data. While around 1,300 police officers were named in the lawsuits, just 200 were responsible for more than 40 percent of the total cost.”
“As far as consumer complaints go, of course, there’s nothing wrong with some of the DOJ’s concerns. We might wish that every product we owned was compatible with every other product we owned and that they worked in perfect tandem. We might wish we never had to consider tradeoffs between price, function, design, compatibility, etc.
Where this gets crazy is the federal government saying: Consumers being able to choose whether to use a product is not good enough. We’re going to step in and say that this business has to make a competitor’s products more accessible. It has a legal duty to undermine its own business interests to help outside—and many would argue inferior—products compete.
In the vein of other recent antitrust actions against tech companies, particularly under the Biden administration, the Apple suit relies on an absurd conception of how the law should work. And it’s a conception that could seriously harm innovation, weaken the position of U.S. tech companies, and mess with products many people like.
And many people really, really love Apple products, including iPhones.
The bottom line: Nobody has to use an iPhone, and no developer has to distribute its app through the App Store. There are other ways to communicate, other smartphone options, and other ways to distribute apps (including other ways to distribute apps to iPhone users). That many people still carry iPhones and distribute their apps through the App Store speaks to the fact that many people find the phone’s upsides and the App Store’s upsides stronger than any downsides.”
“The DOJ alleged that the tech giant is monopolizing the market by contracting with Apple to become the default search engine for the iOS platform. The DOJ claims that Google and Apple will harm consumers with the possibility they could exploit their dominant positions.
Despite this claim of potential harm, the default search deal between Apple and Google provides an attractive service to consumers in an increasingly competitive market. The result of this lawsuit is a deliberate step backward toward a vision of antitrust that seeks to prioritize the welfare of individual competing firms instead of consumers. Where firms are at the center of government concern, consumers invariably lose.”
“The FTC’s complaint revolves around mundane moves by Amazon, like conspicuously asking non-Prime customers if they want to sign up or requiring Prime subscribers to click through several screens to unsubscribe.
Patrick Hedger, executive director of the Taxpayers Protection Alliance, noted that it took him under a minute and required just six clicks to cancel his Prime account—fewer clicks than it takes to submit a public comment on the FTC website.
Like many major companies, Amazon has some flaws. But the argument that it’s broadly harmful to consumers—let alone so harmful that it requires the intervention of the federal government—is so far removed from reality that only government bureaucrats with an ax to grind could make it with straight faces. (In fact, Amazon routinely garners extremely high favorability ratings in consumer polls.)”
…
“During the checkout process, in some cases, “the option to purchase items on Amazon without subscribing to Prime was more difficult for consumers to locate,” states the FTC press release—as if it’s Amazon’s fault that some consumers might be a little less observant or tech-savvy. The option is not hidden, mind you; plenty of non-Prime members find it and purchase items without joining Prime. But they may have to spend an extra second or two looking—and the government is making a federal case out of it.”
“First, this was a civil trial, meaning the verdict was supposed to be based on a preponderance of the evidence, as opposed to the much more demanding standard of proof beyond a reasonable doubt, which is required for a criminal conviction. The question for the jurors was whether it was more likely than not that Trump had sexually assaulted Carroll.”
“Second, two of Carroll’s friends, journalist Lisa Birnbach and former TV anchor Carol Martin, testified that she had told them about the incident shortly after it happened. In the spring of 1996, Birnbach said, she received a distraught phone call from Carroll, who described a rape that was consistent with the account that she gave in 2019 and during the trial. Martin described a contemporaneous in-person conversation during which Carroll said “Trump attacked me” but did not use the word rape.
Third, two women, both of whom had previously told their stories publicly, testified that Trump had assaulted them, which Carroll’s lawyers argued was part of a pattern. In the late 1970s, former stockbroker Jessica Leeds said, she was sitting next to Trump on a flight to New York when he “decided to kiss me and grope me,” putting his hand up her skirt. In late 2005, former People magazine reporter Natasha Stoynoff said, she visited Mar-a-Lago while working on a story about Trump’s first year of marriage to his current wife, Melania. Stoynoff testified that Trump suddenly pushed her up against a wall and began kissing her, leaving her “flustered and sort of shocked.”
Fourth, Carroll’s lawyers cited the notorious 2005 tape in which Trump bragged about grabbing women’s genitals. “You know, I’m automatically attracted to beautiful [women],” he told Access Hollywood’s Billy Bush during that conversation, which came to light the month before the 2016 presidential election. “I just start kissing them. It’s like a magnet. Just kiss. I don’t even wait. And when you’re a star, they let you do it. You can do anything.” You can “grab ’em by the pussy,” he added. “You can do anything.”
Fifth, Trump did himself no favors during a deposition in which Carroll’s lead lawyer, Roberta Kaplan, asked him about those remarks. “Well, historically that’s true with stars,” he said. “It’s true with stars that they can grab women by the pussy?” Kaplan asked. “If you look over the last million years,” Trump replied, “I guess that’s been largely true, not always, but largely true—unfortunately or fortunately.” When Kaplan asked if Trump considered himself “a star,” he said, “I think you can say that, yeah.”
Sixth, Trump insisted that he did not know Carroll, despite photographic evidence that they had met, and his denial of her charges hinged largely on his claim that “she’s not my type”—as if he could imagine behaving as Carroll claimed he had with a woman he found more attractive. Kaplan noted that when she showed Trump a picture of Carroll greeting him at a social event in the 1980s, he mistook her for Marla Maples, his second wife. “The truth is that E. Jean Carroll, a former cheerleader and Miss Indiana, was exactly Donald Trump’s type,” Kaplan told the jury.
Seventh, Tacopina argued that Carroll’s accusation, which she first publicly lodged in a 2019 memoir that was excerpted in New York magazine, was financially and politically motivated. But the idea that she had suddenly invented the story to boost sales of her memoir was contradicted by Birnbach and Martin’s testimony. And if Carroll’s aim was to hurt Trump’s prospects as a presidential candidate, you might think she would have made the accusation in 2016. Carroll said she did not initially report the assault because she worried about the consequences of accusing a wealthy and prominent man, which was consistent with the advice that Martin said she regretted giving her at the time. Carroll said she was emboldened to come forward by the #MeToo movement, which is consistent with the timing of her public account.
Eighth, although Trump complains that he was not allowed to present his side of the story, he chose not to take the stand or even attend the trial. Michael Ferrara, one of Carroll’s lawyers, emphasized that point toward the end of the trial. “He just decided not to be here,” Ferrara told the jury. “He never looked you in the eye and denied raping Ms. Carroll.”
The jurors notably did not accept Carroll’s characterization of her encounter with Trump as rape, which under New York law requires “sexual intercourse,” meaning penile penetration. But they did conclude it was more likely than not that Trump had “sexually abused” Carroll, which involves nonconsensual sexual contact, and “forcibly touched” her, which involves touching “the sexual or other intimate parts of another person for the purpose of degrading or abusing such person, or for the purpose of gratifying the actor’s sexual desire.””