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Florida Judge Dismisses US Justice Department’s Classified Documents Case Against Donald Trump
A Florida court has rejected the US Justice Department’s confidential materials lawsuit against Donald Trump, handing the former president a major victory only days after a gunman attempted to assassinate him.
Judge Aileen Cannon granted Donald Trump’s move to dismiss the federal prosecution, arguing that the Justice Department’s appointment of Special Prosecutor Jack Smith violates the Appointments Clause of the US Constitution.
Donald Trump pled not guilty to multiple charges involving his handling of secret materials, including the willful retention of national defense information.
Following Donald Trump’s departure from the White House in 2021, dozens of sensitive files were discovered in his Mar-a-Lago club in Florida, including a shower and storage room.
“The Court is convinced that Special Counsel’s Smith’s prosecution of this action breaches two structural cornerstones of our constitutional scheme—the role of Congress in the appointment of constitutional officers, and the role of Congress in authorizing expenditures by law,” the judge wrote in her 93-page order.
The former president faced multiple felony charges for allegedly mishandling secret documents.
The 37-count indictment charged Donald Trump of hoarding files at his Florida home and lying to investigators. It was claimed that he then attempted to hinder the investigation into managing the documents.
He was indicted alongside aide Walt Nauta and former employee Carlos de Oliveira, who pleaded not guilty.
Attorney General Merrick Garland appointed Mr. Smith in 2022 to oversee two federal investigations into the former president.
Judge Cannon stated that this decision only applies to this case, not a second one overseen by Mr Smith over alleged plans to invalidate the 2020 election.
The former president’s lawyers did not file a similar motion to dismiss the case.
The federal classified materials trial has been postponed indefinitely by a Florida judge chosen by Trump due to concerns over evidence.
Mr Smith’s two federal criminal charges have sparked debate among legal experts about their strengths and weaknesses.
On Monday, Judge Cannon stepped in and declared that such information was irrelevant.
She argued that the mere existence of special counsels, including how they are selected and funded, violates the US Constitution.
Judge Cannon’s decision contradicts the rulings of judges in other US courts who have dealt with these specially appointed prosecutors.
The theory is based on ideas proposed by conservative legal scholars, including Supreme Court Justice Clarence Thomas in the recent presidential immunity decision.
The Supreme Court ruled that former presidents, including Donald Trump, are immune from criminal prosecution for “official acts” in that instance.
In her conclusion, Judge Cannon quoted Justice Thomas’s concurring opinion three times in the Supreme Court ruling, in which he questioned whether there was a legal basis for appointing special counsel.
On Monday, former federal prosecutor Neama Rahmani told the BBC that Judge Cannon’s decision was “stunning, to say the least”.
While Judge Cannon stated that her decision was restricted to this case, Mr Rahmani argued that it calls into question the appointment of special counsels in other situations.
This includes the case of President Joe Biden’s son, Hunter Biden, who was probed by a special counsel and convicted of weapons crimes last month.
However, one significant difference is that the special counsel in that case, David Weiss, is a US attorney for Delaware who, unlike Mr Smith, was chosen by the president and confirmed by the Senate.
Mr Smith can appeal Monday’s verdict and request that a new judge be assigned.
Legal experts believe Judge Cannon’s judgment will be overturned, but the additional delay may benefit Donald Trump’s campaign.
“Her ruling has no chance of being sustained on appeal because it conflicts with decisions of the Supreme Court and other lower courts, but it will have the effect of preventing any more embarrassing revelations before the election,” said David Super, a Georgetown University Law Center professor.
The special counsel has yet to publicly respond to Judge Cannon’s decision.
Judge Cannon’s decision comes as Republicans assemble in Milwaukee, Wisconsin, for the Republican National Convention, where Donald Trump will accept the party’s presidential nomination.
The US election is on November 5th.
On Monday, Donald Trump stated on his social media site that dismissing the case “should be just the first step, followed quickly by the dismissal of ALL the Witch Hunts”.
“Let us come together to END all Weaponization of our Justice System, and Make America Great Again!”
While many Republican politicians applauded the decision, Senate Majority Leader Chuck Schumer, a Democrat, called it “breathtakingly misguided”.
In May, Trump was convicted guilty of falsifying business records in a New York hush-money case. He is scheduled to be sentenced in September.
In addition, he has been accused of four criminal counts in the 2020 election case, including conspiracy to defraud the United States and conspiracy against citizen rights.
In a second lawsuit, Trump and 18 other defendants are accused of criminally scheming to overturn his narrow defeat in Georgia during the 2020 election.
He’s denied any misconduct.
Source: BBC
News
Joe Biden Commutes Sentences For 37 Of The 40 Federal Death Row Prisoners.
(VOR News) – Joe Biden commuted 37 of 40 federal death row inmates to life without parole. Trump reinstated federal executions after 17 years, according to supporters.
Biden: “Let there be no doubt: I denounce these murderers, mourn their victims, and empathize with all the families who have endured profound and irreparable loss.”
My morals and experiences as a public defender, Senate Judiciary Committee chairman, vice president, and president led me to abolish the federal death penalty. I will not allow another administration to violate my ethics.
The president commuted record-high death sentences. Former New Orleans police officer Len Davis was pardoned for running a cocaine protection racket and murdering Kim Groves after she filed a brutality complaint.
In 2022, three killers freed Davis after 28 years in prison.
Groves’ son, Corey, hailed Joe Biden’s commutation of Davis’ death sentence in a brief interview on Monday, saying he wanted the former police officer to serve decades.
“I desire Len to awaken on his 95th birthday still confronted with concrete and barbed wire,” said Groves, who received $1.5 million from the New Orleans city government and family in 2018 for his mother’s death. The president’s actions are worse than death, so I don’t care.
Holder altered his death sentence by murdering a security guard during a dual-participant bank heist. Prosecutors assert that Holder may not have discharged the lethal shot.
Daryl Lawrence was hanged for murdering Bryan Hurst, a Columbus cop. Former officer Donnie Oliverio remarked, “The President acted in accordance with our beliefs and values.” “Executing the individual who murdered my police partner and closest friend would not have afforded me any solace.”
All federal death row inmates save Dzhokhar Tsarnaev, who bombed the Boston Marathon in 2013, Dylann Roof, who killed nine Black churchgoers in Charleston, South Carolina, in 2015, and Robert Bowers, who slaughtered 11 Jews in a Pittsburgh synagogue in 2018, are eligible for clem
Death Penalty Information Center executive director Robin Maher told The Guardian that 38% of the 40 federal execution detainees are Black. About 25% of the offenders were under 21.
Bryan Stevenson, founder and executive director of the non-profit Equal Justice Initiative, said: “Today signifies a crucial juncture in abolishing America’s tragic and flawed application of the death penalty.
Joe Biden claims the death penalty doesn’t improve public safety.
Son of Martin Luther King Jr.: “This is a historic day.” Reflecting the death penalty’s racially biased origins and unfairness, Joe Biden commuted these sentences, unlike any other president.
Biden has trouble with this. He supported a 1994 criminal measure introducing 60 death penalty charges as a senator. He said, “I am the individual who incorporated these capital punishments into this legislation.” The death penalty led to enormous incarceration, especially of Black men.
Presidential candidate Joe Biden promised to end federal capital punishment in 2020. He criticized unfair convictions and court racism.
The Biden administration stopped federal executions properly. The president has been requesting to commute federal death sentences in recent weeks. Corrections officials, CEOs, Black clergy, Catholics, civil and human rights advocates, prosecutors, former judges, and victim families wrote to him. Pope Francis publicly pushed President Joe Biden to pardon US death suspects.
Joe Biden’s decision will prevent future administrations from executing people.
Trump executed more federal convicts than the previous ten. The Republican administration executed Daniel Lewis Lee after 17 years and six others from July 16–September 24, 2020.
Two Democrats who supported bicameral federal death penalty ban legislation praised Monday’s announcement.
Senate Judiciary Committee head and majority whip Dick Durbin said, “I have consistently supported the elimination of the federal death penalty and commend President Joe Biden for this act of justice and mercy, as well as for his leadership.”
Massachusetts Representative Ayanna Pressley termed Joe Biden decision a “historic and groundbreaking act of compassion that will save lives, rectify profound racial disparities in our criminal justice system, and convey a potent message regarding redemption, decency, and humanity
The White House claims Biden has granted more commutations than his first-term predecessors. He set a record by pardoning 1,500 inmates and promising community safety for one day this month.
The first president to pardon marijuana users and LGBTQ+ service troops for sexual orientation-related offenses was Joe Biden.
The president pardoned his son Hunter for federal weapons and tax charges that might have led him to prison earlier this month, triggering a political storm. Biden denied pardon twice before leaving office on January 20.
SOURCE: TG
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The IRS Will Give a Million People Up To $1,400. Their Identity—And Why Now?
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The IRS Will Give a Million People Up To $1,400. Their Identity—And Why Now?
(VOR News) – The Internal Revenue Service (IRS) will be able to give almost one million people who have already filed their tax returns additional incentives of up to $1,400 during the next several weeks.
Those qualified to get the cash will either be placed straight into their bank accounts or get a physical cheque delivered by mail.
The Internal Revenue Service (IRS) would refund individual taxpayers who omitted a Recovery Rebate Credit on their tax returns for 2021 around $2.4 billion.
Those qualified for the credit were those who had either not gotten a COVID stimulus payment or one that was less than the whole amount. Conversely, the Internal Revenue Service declared on Friday that it had discovered a considerable percentage of eligible candidates had not.
“After reviewing our internal data, we came to the conclusion that one million taxpayers failed to claim this complicated credit when they were actually eligible,” said Danny Werfel, Commissioner of the Internal Revenue Service in his statement.
This taxpayer group may shortly be getting unexpected payments; the accompanying data provides specifics:
Could you kindly inform me about my chances of receiving a check from the IRS?
I’m sorry, but it most likely isn’t precisely that high. The Internal Revenue Service (IRS) reports that most qualified taxpayers—originally referred to as Economic Impact Payments—have already gotten their government stimulus money.
Those taxpayers who filed a tax return for the year 2021 but either left the Recovery Rebate Credit data box blank or entered $0 when they were actually eligible for the credit are qualified to get the special reimbursements announced by the Internal Revenue Service (IRS).
The way this is going to be carried out?
Those eligible taxpayers are not required to perform any chores to be qualified. The funds are expected to be received either by cheque or direct deposit account by the end of January 2025. Automatic distribution of them is set for this month. The Internal Revenue Service will deliver them to either the bank account shown on the taxpayer’s 2023 return or the address the taxpayer keeps on file.
Though there will be several possible payments, the highest amount any one person can pay will be $1,400. The Internal Revenue Service has made available on the internet information on eligibility and the process used to ascertain the payment amount.
The Internal Revenue Service (IRS) will send separate letters to taxpayers qualified for the special payment notifying of the payment.
Conversely, what would happen should I not yet have my 2021 tax return turned in?
You still might be able to turn around the money. The Internal Revenue Service (IRS) claims, however, that individuals must file a tax return and claim the Recovery Rebate Credit before April 15, 2025.
This is still the case whether or not a job, business, or any other source of income earned had any bearing on it.
How many financing rounds did the COVID stimulus program have?
Households impacted by the epidemic alone received compensation totaling $814 billion overall; this was divided across three rounds of payments. These figures were calculated by the Internal Revenue Service (IRS) considering the taxpayer’s income, tax filing status, and the count of dependents or children entitled for the tax deduction.
The CARES Act, which became operative in March of 2020, makes qualified persons eligible for a maximum of $1,200 per income tax filer and $500 each child.
Those qualified could get up to $600 for each child and $600 for each individual who submitted their income tax return according to the Consolidated Appropriations Act in December of 2020.
Those qualified under the American Rescue Plan Act received a maximum of $1,400 per child and $1,400 per person who paid their income taxes during the month of March in 2021. very
SOURCE: YF
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Cases Of The US Flu Season Are Rising, While Vaccinations Are Behind Schedule.
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Cases Of The US Flu Season Are Rising, While Vaccinations Are Behind Schedule.
(VOR News) – The U.S. flu season has begun, according to health experts, who also noted a sharp rise in cases countrywide on Friday.
Significant increases were noted by the Centres for Disease Control and Prevention in a number of indicators, such as laboratory tests and ED visits. “For the past few weeks, it has been increasing steadily.” “Yes, we are in flu season right now,” CDC’s Alicia Budd said.
Last week, flu-like sickness was reported at elevated or very elevated levels in 13 states, roughly twice as many as the week before. Dr. William Schaffner, an infectious disease specialist at Vanderbilt University, says Tennessee is seeing a spike in sickness in the Nashville area.
Schaffner said, “Influenza cases have been increasing, but they have increased significantly in the last week.” He noted that up to 25% of patients in a nearby clinic, which is a gauge of illness trends, have flu-like symptoms.
An early focal point was Louisiana.
Our Lady of the Lake Regional Medical Centre, the largest private hospital in the state, in Baton Rouge, has infectious diseases specialist Dr. Catherine O’Neal, who said, “This week is a significant turning point as individuals are affected by the flu.” “Parents frequently say, ‘I have the flu and can’t go to work,’ and ‘Where can I get a flu test?'”
Fever, cough, sore throat, and other influenza-like symptoms are caused by a variety of viruses. COVID-19 is one of them. Another flu season common disease that causes cold-like symptoms but poses serious hazards to infants and the elderly is respiratory syncytial virus (RSV).
Recent CDC numbers indicate a decline in COVID-19 hospitalisations since the summer. According to CDC wastewater data, COVID-19 activity is modest nationwide but elevated in the Midwest.
Although RSV hospitalisations are still marginally more common than flu admissions, they started to rise before flu season cases and currently show signs of perhaps stabilising. RSV activity is low nationwide, but wastewater data shows that it is high in the South.
Based on a number of indicators, such as laboratory results from hospitalised patients and outpatient clinics, as well as the percentage of ED visits that resulted in an influenza diagnosis at discharge, the CDC declared the start of the flu season.
According to Budd, it is too early in the season to determine the effectiveness of the influenza vaccine, and no type of virus seems to be more common.
The flu season last winter was classified as “moderate” overall, but it continued for 21 weeks, and the CDC estimates that 28,000 people died from the virus. With 205 paediatric deaths reported, the situation was particularly dangerous for kids. It was the largest number ever recorded for a conventional influenza season.
The prolonged flu season was probably one of the reasons, Budd added.
The lack of influenza vaccinations was one of the contributing factors. The CDC reports that 80% of children who passed away and had verified vaccination status and were of the right age for flu shots were not completely immunised.
Children’s immunisation rates are drastically lower this year. About 41% of people had a flu shot as of December 7, which is similar to the percentage at the same time last year. For youngsters, the figure is steady, although it is lower than in the previous year, when 44% received an influenza vaccination, according to CDC data.
About 21% of adults and 11% of children are fully vaccinated against COVID-19, which is still a poor vaccination rate.
Influenza experts advise everyone to get vaccinated, especially as people get ready for holiday gatherings where respiratory diseases could spread widely.
“This virus also has the potential to spread from person to person at all those happy, pleasant, and heartwarming events,” Schaffner said. “flu season Vaccination remains a viable option.”
However, Louisiana’s health department announced on Friday that it was rescinding its COVID-19 and flu vaccination recommendations. According to an official, the department’s current position is that people should speak with their doctors about whether the immunisations are suitable for their situation.
The department’s spokesperson, Emma Herrock, did not respond to follow-up questions regarding the policy. Dr. Ralph Abraham, the state’s surgeon general, has expressed concerns in the past regarding the COVID-19 vaccine’s effectiveness and safety.
SOURCE: AP
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