“During the summer of 2020, the federal government seemed poised to offer some sort of reform to qualified immunity, the legal doctrine that shields local and state government actors—not just police—from facing federal civil suits when they violate someone’s constitutional rights, so long as the way they infringe on the Constitution has not been “clearly established” in prior case law. That explains, for example, why two cops who allegedly stole $225,000 while executing a search warrant could not be sued for that act: While we would expect most people to know that was wrong, there was no court precedent that said theft under such circumstances was a constitutional violation.
It’s an exacting standard that can defy parody in the ways in which it prevents victims of government abuse from seeking damages in response to government misconduct. In the case of Tyre Nichols, for example, it’s quite plausible that the officers who killed him could be convicted of murder and still receive qualified immunity—a testament to how disjointed and unforgiving the doctrine can be.”
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“Those skeptical of qualified immunity reform typically cite an uneasiness about bankrupting officers. They can take heart that cities indemnify their employees against such claims, meaning the government pays any settlement. It’s certainly an imperfect solution in terms of holding individual bad actors accountable, but it gives victims of state abuse an outlet to achieve some semblance of reparation. Make it so any settlements come out of a police pension fund, and you’ve created a major incentive for departments to excise its consistently problematic actors.”
“An “unprovoked” machete attack on three New York City police officers near Times Square on New Year’s Eve is being investigated as a possible terrorist incident. The suspect is allegedly a 19-year-old man from Maine, whose online posts indicate recent Islamic radicalization, sources told ABC News.
Investigators are looking into whether the suspect came to the annual ball drop specifically to wage an attack on law enforcement, the sources said.”
“Europe — the staging ground for most Iranian operations in recent years — has been afraid to make Tehran pay. Since 2015, Iran has carried out about a dozen operations in Europe, killing at least three people and abducting several others, security officials say.”
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““If the Islamic Republic doesn’t receive any punishment, is there any reason for them to stop taking hostages or kidnapping or killing?” she said, and then answered: “No.””
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“Over the course of a few months last year, Iran undertook a flurry of attacks from Latin America to Africa. In Colombia, police arrested two men in Bogotá on suspicion they were plotting to assassinate a group of Americans and a former Israeli intelligence officer for $100,000; a similar scene played out in Africa, as authorities in Tanzania, Ghana and Senegal arrested five men on suspicion they were planning attacks on Israeli targets, including tourists on safari; in February of this year, Turkish police disrupted an intricate Iranian plot to kill a 75-year-old Turkish-Israeli who owns a local aerospace company; and in November, authorities in Georgia said they foiled a plan hatched by Iran’s Quds Force to murder a 62-year-old Israeli-Georgian businessman in Tbilisi.
Whether such operations succeed or not, the countries behind them can be sure of one thing: They won’t be made to pay for trying. Over the years, the Russian and Iranian regimes have eliminated countless dissidents, traitors and assorted other enemies (real and perceived) on the streets of Paris, Berlin and even Washington, often in broad daylight. Others have been quietly abducted and sent home, where they faced sham trials and were then hanged for treason.
While there’s no shortage of criticism in the West in the wake of these crimes, there are rarely real consequences. That’s especially true in Europe, where leaders have looked the other way in the face of a variety of abuses in the hopes of reviving a deal to rein in Tehran’s nuclear weapons program and renewing business ties.
Unlike the U.S. and Israel, which have taken a hard line on Iran ever since the mullahs came to power in 1979, Europe has been more open to the regime. Many EU officials make no secret of their ennui with America’s hard-line stance vis-à-vis Iran.
“Iran wants to wipe out Israel, nothing new about that,” the EU foreign policy chief Josep Borrell told POLITICO in 2019 when he was still Spanish foreign minister. “You have to live with it.””
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“the dictatorship’s rationale for such killings has been to protect itself.
“The highest priority of the Iranian regime is internal stability,” a Western intelligence source said. “The regime views its opponents inside and outside Iran as a significant threat to this stability.”
Much of that paranoia is rooted in the Islamic Republic’s own history. Before returning to Iran in 1979, Khomeini spent nearly 15 years in exile, including in Paris, an experience that etched the power of exile into the Islamic Republic’s mythology. In other words, if Khomeini managed to lead a revolution from abroad, the regime’s enemies could too.”
“The data come from USA Today, Northeastern University, and the Associated Press, which tracked mass murders in which four or more people (excluding the killer) were killed in a 24-hour period.”
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“Needless to say, murders of any kind are tragic. But the database challenges the conventional wisdom about mass murders, showing that their frequency has held relatively steady since 2006.
In 2006, there were 38 mass killings—the second highest number in the database. The year with the highest number was 2019, with 45 incidents (including 8 public shootings, 25 non-public shootings, and 12 non-shooting incidents). In 2008, there were 36 mass killings and 35 in 2021. On the lower end, there were 22 mass killings in 2012; there were 25 each in 2013, 2014, and 2018; and there were 26 in 2007. There have been 19 incidents so far in 2022.”
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“”A guy who kills his wife and children and sometimes kills himself is the most common type of mass killing,” Fox told USA Today. “Mass killings take place far more often in private homes than in schools, markets or churches.””
“What if someone told you that you could dramatically reduce the crime rate without resorting to coercive policing or incarceration? In fact, what if they said you could avert a serious crime — a robbery, say, or maybe even a murder — just by shelling out $1.50?
That’s such an incredibly good deal that it sounds too good to be true. But it’s been borne out by the research of Chris Blattman, Margaret Sheridan, Julian Jamison, and Sebastian Chaskel. Their new study provides experimental evidence that offering at-risk men a few weeks of behavioral therapy plus a bit of cash reduces the future risk of crime and violence, even 10 years after the intervention.”
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“999 Liberian men were split into four groups. Some received CBT, while others got $200 in cash. Another group got the CBT plus the cash, and finally, there was a control group that got neither.
A month after the intervention, both the therapy group and the therapy-plus-cash group were showing positive results. A year after the intervention, the positive effects on those who got therapy alone had faded a bit, but those who got therapy plus cash were still showing huge impacts: crime and violence were down about 50 percent.”
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“10 years later, he tracked down the original men from the study and reevaluated them. Amazingly, crime and violence were still down by about 50 percent in the therapy-plus-cash group.”
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“The most plausible hypothesis, according to Blattman, is that the $200 in cash enabled the men to pursue a few months of legitimate business activity — say, shoe shining — after the therapy ended. That meant a few extra months of getting to cement their new non-criminal identity and behavioral changes. “Basically, it gave them time to practice,” Blattman told me.”
“The role of popular elections as the source of ruling legitimacy is just one way in which it is hard to categorize the Russian political system. For all the talk of Putin’s dictatorial personality and wide latitude to crackdown on civil liberties, the institutions of Putinism were built by his democratic predecessor, Boris Yeltsin, enshrined in his 1993 constitution. Flawed and imperfect in practice during the tumultuous 1990s, these foundations were democratic in principle: Grassroots civil society flourished alongside a lively media environment, as legislators and leaders were chosen from a variety of contenders. Even as those liberties have subsequently been eroded and independent media curtailed, the institutions still specify that Russia’s leaders serve at the will of the people. Indeed, the ratcheting-up of Kremlin propaganda is meant, more than anything, to reassure Russians that Putin’s leadership is worthy of their continued support. Such peans to the people would be unnecessary in a classic, run-of-the-mill dictatorship.
Consequently, political scientists are at odds with how to describe Putin’s Russia. Some call it a “competitive authoritarian” regime, where democratic institutions and procedures simply provide a facade of legitimacy for the dictatorship. Others label it an “information autocracy,” in which the powers of state-run media are marshaled to build a public image of Putin as a competent leader, deserving of political support, and it works to generate the popular support he needs. What these different perspectives have in common is what Peskov said: that Putin’s political sovereignty ultimately lies with the Russian people, however manipulated or misinformed they might be.”
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“Western hopes that the Russian people would rise up and topple Putin in a popular revolution seem further from reality today than at the start of the war. The smattering of protests across Russia during the first weeks of the war have largely fizzled out. Between the Kremlin propaganda machine in overdrive and criminalization of expressions of opposition, Putin’s approval in nationwide polls is now up to 83 percent, with 81 percent support for the “special military operation.”
What’s more, Russian elites appear to be consolidating behind Putin. Rather than diversifying internationally and finding safe havens abroad, powerful oligarchs and cosmopolitan elites—many of them under Western sanctions—now understand that they are tethered to Russia and to Putin personally. Once-feuding factions are realizing they’re all now in the same boat. Few will bolt for greener pastures in Europe or the U.S., even if they could.
In an eye-opening account by independent Russian journalist Farida Rustamova on the tribulations of Russia’s political elites since the war, she quotes a high-ranking source in a sanctioned Russian company as saying “All these personal sanctions cement the elites. Everyone who was thinking about a new life understands that, for the next 10-15 years at least, their lives are concentrated in Russia, their children will study in Russia, their families will live in Russia. These people feel offended. They will not overthrow anyone, but will build their lives here.”
Before the war, the dominant narrative of Kremlin-controlled media was that Russia is a mighty superpower—besieged on all sides by enemies and conspirators, both Western and homegrown—and only Putin could lead them. Lamentably, the coordinated international response to Putin’s bloody war has only solidified and reinforced that us-against-the-world narrative, and largely rallied the Russian people behind Putin.
In this context, the Russian response to the accusations of genocide in Ukraine have been predictable: It is all a Western “fake” meant to further impugn the dignity of Russia and its leader. Pro-Russian social media accounts have claimed that the corpses are either fake, or are actors, or were killed after the Russians left. The Russian Defense Ministry has claimed “not a single local resident has suffered any violent action” while Bucha was under Russian control. These are all claims that have been easily debunked. By parroting the official line of the Foreign Affairs Ministry that it could not have been Russia that committed such atrocities, but rather the United States staging a “provocation,” Kremlin state-run media only reinforces and retrenches the us-against-the-world narrative already widely accepted among the Russian people.”
“When law-enforcement officials believe that someone has committed a crime, they often go to great lengths—and can be quite creative—in coming up with charges to file. Criminal codes are voluminous, and it’s common for prosecutors to pile up one charge after another as a way to keep someone potentially dangerous off the streets.
When the accused is a police officer, however, agencies typically find their hands tied. “Nothing to see here,” they say, “so let’s move along.” Their eagerness to protect their own colleagues from accountability can have deadly consequences. A recent lawsuit by the victim of a California Highway Patrol officer’s off-duty shooting brings the problem into view.
The case centers on Brad Wheat, a CHP lieutenant who operated out of the agency’s office in Amador County. On Aug. 3, 2018, Wheat took his CHP-issued service weapon and hollow-point ammunition to confront Philip “Trae” Debeaubien, the boyfriend of Wheat’s estranged wife, Mary. As he later confessed to a fellow officer, Wheat planned more than a verbal confrontation.
“I just learned this evening that Brad confided in an officer…tonight that he drove to a location where he thought his wife and her lover were last night to murder the lover and then commit suicide,” an officer explained in an email, as The Sacramento Bee reported. Fortunately, Debeaubien had left the house by the time that Wheat arrived.
Initially, Wheat’s colleagues convinced him to surrender his CHP firearm and other weapons and they reported it to superiors. Instead of treating this matter with the seriousness it deserved, or showing concern for the dangers that Debeaubien and Mary Wheat faced, CHP officials acted as if it were a case of an officer who had a rough day.
They essentially did nothing. “Faced with a confessed homicidal employee, the CHP conducted no criminal investigation of its own, notified no allied law enforcement agency or prosecutor’s office, and initiated no administrative process,” according to a pleading filed by Debeaubien in federal district court. “Nor did the CHP notify [the] plaintiff that he was the target of a murder-suicide plan that failed only because of a timely escape.””
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“Two weeks later, Wheat took the same weapon and ammo and this time found his ex-wife and her boyfriend. He shot Debeaubien in the shoulder, the two struggled and Wheat—a trained CHP officer, after all—retrieved his dislodged weapon, shot to death his ex-wife, and then killed himself.
Now CHP says it has no responsibility for this tragic event and that its decisions did not endanger the plaintiff’s life. This much seems clear from court filings and depositions: CHP’s response centered on what it thought best for its own officer. Any concern about the dangers faced by those outside the agency seemed incidental, at best.”
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“CHP officials expressed concern about protecting Wheat’s career, and one worried that Mary Wheat or Debeaubien might file a complaint. Even when a colleague asked Wheat to relinquish his firearm, he did so as a friend—not as CHP protocol. Again, CHP treated Brad Wheat as the focus of sympathy, not as the potential perpetrator of domestic violence.”
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“”Giving a gun to a then-weaponless man who ‘had driven to a location where he thought his wife and her lover were to murder the lover and then commit suicide,’…creates an actual and particularized danger of his using the gun to attempt murder a second time,” the filing notes. That would seem obvious to anyone, except perhaps a police agency more interested in protecting itself than the public.”
“The felony murder rule “divorces intent from consequence,” says Lara Bazelon, a professor of law at the University of San Francisco. “The concept is that, well, if you went along for the underlying felony, if you went along for the less serious act…then you’re just as guilty as [the murderer], even if you didn’t know that your co-defendant was armed, and even if you had no intent to kill yourself.”
That scenario is not a hypothetical. In May 2020, not long before Arbery’s convicted murderers were indicted, Jenna Holm was arrested on a manslaughter charge in Idaho, accused of killing a police officer after he arrived to respond to her apparent mental health crisis. But it wasn’t Holm who killed Bonneville County Sheriff’s Deputy Wyatt Maser—something the state conceded. It was another cop, who struck Maser in his vehicle when he drove onto the scene.
While an internal investigation revealed the officers disregarded safety procedures that night, the police eschewed introspection and set their sights on Holm, charging her with an “unlawful act” and tacking a manslaughter charge on top. (A judge recently struck it down, but only after Holm sat in jail for 16 months pre-trial.)
There are many more such stories. In December 2018, 16-year-old Masonique Saunders was charged with the felony murder of her boyfriend, who a police officer shot during the commission of a robbery. Because she allegedly helped plan that burglary, Ohio said the teen effectively killed her own partner. But perhaps the most iconic anecdote associated with the felony murder rule is the unfortunate story of Ryan Holle, who was sentenced to life in prison after he lent his car to some friends. Those friends then used it to commit a crime—also a burglary—which went horribly awry after one of the men found a firearm in the house they were robbing and used it to kill 18-year-old Jessica Snyder.
Holle was a mile and a half away from that scene, but he was treated no differently than Charles Miller, Jr., who saw that gun and spontaneously murdered Snyder. “Felony murder says you are just as liable, you are just as guilty as the person who pulled the trigger,” notes Bazelon. In 2015, Holle’s sentence was commuted to 25 years in prison; he will not be released until 2024.”
“Last year, the US’s murder rate spiked by almost 30 percent. So far in 2021, murders are up nearly 10 percent in major cities. The 2020 increase alone is the largest percentage increase ever recorded in America — and a reversal from overall declines in murder rates since the 1990s.”
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“There is solid evidence that more police officers and certain policing strategies reduce crime and violence. In a recent survey of criminal justice experts, a majority said increasing police budgets would improve public safety. The evidence is especially strong for strategies that home in on very specific problems, individuals, or groups that are causing a lot of crime or violence — approaches that would require restructuring how many police departments work today.”
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“Problems like poverty, education, and other underlying issues that contribute to crime can take years, or even decades, to truly address.
The impact of police, meanwhile, tends to happen quickly — almost immediately deterring and intercepting would-be criminals with the presence of officers. For policymakers looking for quick action, that’s an important distinction, suggesting that police have to play a role even if other social services are deployed for longer-term solutions.”
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“Every criminal justice expert I’ve spoken to has also said that more work needs to be done to hold police accountable — and the survey of experts found that most agreed more accountability would also improve public safety.
So the evidence doesn’t indicate that America should continue the punitive, unaccountable model of policing that’s dominated over the past few decades. To the contrary, much of the research supports changes to how policing is done to focus narrowly on problems, city blocks, and even individuals known to disproportionately contribute to crime — contrary to the dragnet approaches, like “stop-and-frisk,” that end up harassing entire communities.
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“policing works to reduce crime and violence. But how policing is done can change — and change could even make policing more effective for crime-fighting while addressing some of the problems to which Black Lives Matter protests have called attention.”