Month: June 2017

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Less than a week, three police officers acquitted for the extrajudicial summary execution of black men. Plus we talk about Melba Mao and his questionable choices in personnel, the TSA’s new policy of reading your papers, criminal justice news from all over the country, and a #Law140 segment on the common law and whether “no doesn’t mean no” in North Carolina.

Join the conversation by following @fsckemall on Twitter, and tweet us your comments and questions using the hashtag #fsck!

Show Notes:

• The Moscow Muppet admits to attempted witness tampering (Washington Post)
• Naranjillo Nixon pledges to enact a law that already exists (The Hill)
• The Apricot Authoritarian praises the Panama Canal (The Independent)
• A fake law “grad” takes over housing policy (Above the Law)
• A racist anti-Semite takes over at the Department of Energy (Washington Post)
• Sex offenders have First Amendment rights (SupremeCourt.gov)
• There’s a new TSA policy that can’t possibly go wrong (ACLU)
  • Ken White of Popehat confirms nothing could possibly go wrong, really (Twitter)
• Police conduct fewer searches in states with legal weed (NBC News)
• Excellent long-form piece on police as domestic abusers (HuffPost)
• Clint Smith III’s thread on implicit bias studies (Twitter)
• ARIZONA: New video shows Mexican teen was on the ground when he was executed by Border Patrol (AZCentral)
• CALIFORNIA: A Los Angeles deputy tries to kill a dog, instead kills a kid (Time)
• DC: US Park Police arrest 3 black teens for selling bottled water (US News)
• FLORIDA: 71-year-old man killed by Miami police chase (Miami Herald)
• MICHIGAN: Five officials charged with manslaughter for Flint water crisis (Detroit Free Press)
• MINNESOTA: New video released of police beating a 22-year-old (NBC News)
• MINNESOTA: The cop who summarily executed Philando Castile goes free (New York Times)
  • Reason dissects Yanez’s story (Reason)
• MISSISSIPPI: Lawmaker promotes lynching (HuffPost)
• MISSISSIPPI: You have no rights in Madison County (Reason)
• MISSOURI: A white police officer shot a black police officer in St. Louis (Washington Post)
• NEBRASKA: Woman cited for child abuse because of wind (Reason)
• NORTH CAROLINA: Legislature encroaches on judicial discretion with fee waivers (WRAL)
• OHIO: Aspiring Edward Norton wannabe gets 1-day vacation for curb-stomping (The Root)
• OHIO: Mistrial declared in the 2nd trial of Samuel DuBose’s killer (Washington Post)
• TENNESSEE: Police officer cleared after pulling gun on car-buyer (Charlotte Observer)
• UTAH: An American citizen was blocked from coming home due to his faith (Salt Lake Tribune)
• VIRGINIA: Nabra Hassanen killed for being Muslim (NPR)
• WISCONSIN: Officer who killed Sylville Smith found not guilty (CNN)
• History of Common Law vs Civil Law (Boalt School of Law at UC Berkeley)
• In re Winship (Oyez)
• North Carolina v. Way (Justia)
• Session Law 1979-682 (NCLeg.net)
• The thread that prompted this week’s #Law140 (Twitter)

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It’s a double-length #fsck! 😱 This week we have our first-ever guest interview, plus we talk about emoluments, Papaya POTUS’s bizarre Cabinet meeting, whether or not he actually is under investigation, police and puppycide, and in the #Law140 segment we provide a primer on standing and the requirements that have to be met before someone can sue someone else in federal court.

Join the conversation by following @fsckemall on Twitter, and tweet us your comments and questions using the hashtag #fsck!

Show Notes:

• Fill out our (anonymous) audience survey! (Blubrry)
• Our special guest is Harold Respass, of The Respass Report podcast (iTunes)
• Fsck ‘Em All got a shout-out from Indy Week! (The Independent)
• Our prayers go out to the families of the USS Fitzgerald (CNN)
• A white terrorist attacks Muslims in London (The Guardian)
• The Kumquat Komrade’s Cabinet meetings now resemble North Korean agitprop (CNN)
• The Cheeto-in-Chief admits he’s under investigation (Twitter)
• And also admits he’s not a billionaire after all (CNN)
• Democrats sue to enforce the emoluments clause (Washington Post)
• Sheriff David Clarke did sloppy work in college (Politifact WI)
• And walks around in absurd pin-bling (Washington Post)
• So Clarke is withdrawing from consideration for his position in the Department of Homeland Security (The Hill)
  • Our podcast on an inmate dying in one of Sheriff David Clarke’s jails due to deliberate dehydration (Fsck #1)
• CALIFORNIA: Police blow away a dog in a Los Angeles chocolate shop (Eater Los Angeles)
• FLORIDA: 75-year-old inmate William Howard gets his neck snapped by correction officers in Orange County (News 6 WKMG)
• NEVADA: A Las Vegas judge reverses the murder conviction of Jemar Matthews after the DA’s racist closing argument (Las Vegas Review-Journal)
• NEVADA: Police in Nye County NV blow away a dog… then cremate the body (ABC 12 KNTV)
• NEW JERSEY: Drunk police in Ramsey flip their car (NJ.com)
• OHIO: Inmate Charles Wade is pepper-sprayed by correction officers in Montgomery County despite being fully restrained (Washington Post)
• VIRGINIA: Inmate Henry Stewart is neglected-to-death by correction officers in Norfolk (The Virginian-Pilot)
• WASHINGTON: Pregnant 30-year-old Charleena Lyles is executed by police in Seattle(The Seattle Times)
• WISCONSIN: 19-year-old Terry Williams is executed by police in Milwaukee (ABC 12 WISN)
• Article III of the United States Constitution (Legal Information Institute)
• Standing details (LII)
• “Case or controversy” details (LII)
• Muskrat v US on cases and controversies (Oyez)
• Poe v Ullman on actual injury (Oyez)
• DeFunis v Odegaard on mootness (Oyez)
• Roe v Wade on repetition evading review (Oyez)
• Nixon v United States on political questions (Oyez)

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Who knew a British spy novel would have so many parallels to America 2017? Listen in to this week’s episode as we review the testimony from James Comey and the peculiar defenses by Peach Perón’s surrogates, a Republican Congresscritter calls for us to support ISIS, new mandatory minimums for sexting, police practicing their new techniques for killing unarmed Americans (choking!) and for putting out fires (kicks to the face!), and for #Law140 we consider if President Trump is violating the First Amendment by blocking people who tweet him.

Join the conversation by following @fsckemall on Twitter, and tweet us your comments and questions using the hashtag #fsck!

Show Notes:

• Vampire Trump and voters who are “not even people” (YouTube)
• What does “I hope you did your homework” mean to you? (Mediate)
• Dana War-bacher wants us to support ISIS (YouTube)
• And Congresscritters want more mandatory minimums for teenagers (Reason)
• SCOTUS unanimously affirms ruling that NC’s state districts are racial gerrymanders (NY Times)
• COLORADO: The Constitution doesn’t exist in Longmont (NBC 9 News)
• NEVADA: An officer in Las Vegas chokes a man to death… (Washington Post)
• NEVADA: …and gets $30K in under a week! (Las Vegas Review-Journal)
• NEW JERSEY: Jersey City police “put out a fire” by brutally kicking the victim of a car accident (NJ.com)
• OKLAHOMA: Tulsa police execute another mentally ill man (USA Today)
• PENNSYLVANIA: Drunk reporter amps on not-insane cop (Philadelphia Magazine)
• TEXAS: A Harris County deputy and her husband kill a man for public urination (Washington Post)
• Institute claims Trump is violating the First Amendment on Twitter (Reuters)
• Discussion on whether blocking is a violation (Twitter)
• The First Amendment’s text (Wikipedia)
• An overview on Time / Place / Manner restrictions (UMKC.edu)
• And on designated public forums (UMKC.edu)
• Some discussion on forums in the context of a heckler’s veto (Popehat)
• And on levels of scrutiny in the context of speech about abortion (Popehat)

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We know there’s a regular episode dropping on Monday, but we wanted to bring you our second subscriber-only BONUS episode! Join us for details on former FBI Director James Comey’s testimony to the Senate, and whether Comey admitted to breaking the law when he confessed to leaking details about his conversations with our Papaya POTUS.

Show Notes:

• Our “No Heroes in Washington” podcast on Comey’s firing (Fsck #3)
• Comey admits to leaking details about his meetings with Trump (Washington Post)
• A thread on the leaks and whether they were illegal (Twitter)
• United States v. Nixon (Oyez)
• Chief Justice Berger’s 8-0 opinion in the Nixon case (Justia)

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Can the Government force you to give up your iPhone passcode? The answer might surprise you. We cover self-incrimination this week, along with the Paris Climate Agreement, Kathy Griffin, the latest London attacks, California targeting racially-biased juries, the stunning exposé on corruption in North Carolina’s prisons, and a lot more legal news from the past week!

Join the conversation by following @fsckemall on Twitter, and tweet us your comments and questions using the hashtag #fsck!

Show Notes:

• Velveeta Vladimir learned alliteration! (CNN)
• Everyone wet their pants about Kathy Griffin (TMZ)
• We kill politicians in effigy annually here in NC (Horn in the West)
• The most popular TV show in history had W’s head on a pike (Gizmodo)
• And killing politicians is part of Virginia’s state seal (Wikipedia)
• Mango Mussolini wants your guns (Twitter)
• And doesn’t much care about your rights either (Twitter)
• But he apparently cares more about London than Lansing? (Twitter)
• The latest from London (The Guardian)
• SCOTUS unanimously incentivizes more police brutality in Los Angeles v Mendez (SCOTUS.gov)
• CALIFORNIA: State Supreme Court tackles racially-biased juries (LA Times)
• FLORIDA: Man jailed for giving police a bad passcode (Miami Herald)
• LOUISIANA: 12-year-old “Sammie” is killed in Baton Rouge (WBRZ-2)
• MICHIGAN: Desmond Ricks goes free after spending 25 years for a murder he didn’t commit (CBS News)
• NORTH CAROLINA: A *HUGE* mammoth enormous dynamite bombshell series on NC’s prisons (Charlotte Observer)
• NORTH CAROLINA: Charges are imminent against 2 North Carolina District Attorneys (Greensboro News & Record)
• OHIO: The killer cop who murdered 12-year-old Tamir Rice has been fired (The Atlantic)
• The Fifth Amendment to the Constitution (Wikipedia)
• United States v Wade (Oyez)
• Fisher v United States (Oyez)
• United States v. Hubbell (Oyez)
• An excellent self-incrimination summary (Legal Information Institute)
• The UNC SOG has a good piece on phones and the Fifth here (UNC School of Government)
• Along with this follow-up piece (UNC School of Government)
• And here’s a good law review article (NC JOLT)