#FSCK 'Em All!

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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)

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If you ever want to know how much crazy sh*t can happen in a week, start a podcast! This week we cover Pumpkin Pinochet’s week-long disaster of a trip abroad, Montana’s new journalist-slamming Congresscritter, police abusing the young and the old, and for this week’s #Law140 we take a look at probation and how Ramad Chatman will be serving time for a crime he didn’t commit.

Show Notes:

• Naranjillo Nixon arms the Saudis’ war in Yemen (CNBC)
• Memes of his Orb of Doom photo-op (Mashable)
• Upside: Steve Bannon had fun (Observer)
• Watch the facepalm from the guy on the right (Slate)
• Dorito Duterte confirms it was Israel’s info he disclosed (Business Insider)
• Then pushes the Prime Minister of Montenegro (The Sun)
• Just before whining about NATO (CNN)
• And insulting the Germans (NY Times)
• At which point Merkel said YOLO (NY Times)
• First Kid Kushner wanted secret communication with the Soviets (Washington Post)
• Greg “Journo-Slammer” Gianforte becomes Montana’s newest Congresscritter (The Guardian)
• SCOTUS takes no position on NC’s Voter ID law (NY Times)
• But does invalidate 2 of our Congressional districts (NY Times)
• CALIFORNIA: Los Angeles police beat a 76-year-old black woman for sport (CBS Los Angeles)
• GEORGIA: Ramad Chatman was acquitted, then sent to jail anyway (NBC 11)
• TEXAS: San Antonio police beat a 14-year-old Hispanic girl for sport (The Root)
• Morrisey v. Brewer (Oyez)
• North Carolina v. Greer (Casetext)
• North Carolina v. Debnam (Casetext)
• Johnson v. Georgia (Justia)
• A great primer on North Carolina probation revocations (UNC School of Government)

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The show keeps getting longer! 😱 This week: DeVos gets booed, headlines deceive, police kill two more kids, Sessions relaunches the Drug War, Trump fires Comey, and for #Law140 we get into the details of precedent and how it works.

Show Notes:

• Trump cans Comey (NBC News)
• Betsy DeVos booed at Bethune-Cookman (The Atlantic)
• Historical Illiteracy on HBCUs, Part I (Twitter)
• Harvard segregates graduation – but not really (Twitter)
• Even Snopes calls bullsh*t on the Harvard “story” (Snopes)
• Bad people are bad people (Twitter)
• Attorney General Beauregard revs up the prison-industrial complex (CNN)
• CALIFORNIA: Police kill 15yo Jacob Peterson (ABC10)
  • Remember, just last week: police killed 15yo Jordan Edwards in Texas (Fsck #2)
• CONNECTICUT: Police kill 15yo Jayson Negron (Hartford Courant)
• Citing segregation to defend Trump (HuffPost)
• Palmer is still “good law” (Twitter)
• “The Switch in Time that Saved Nine” (Wikipedia)
• Palmer v Thompson (Oyez)
• Romer v Evans (Oyez)
• West Coast Hotel Company v Parrish (Oyez)
• Morehead v New York ex rel Tipaldo (Oyez)
• Dred Scott v Sandford (Oyez)

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Apologies in advance: more profanity than usual this week! Join us as we talk about President Trump’s comments regarding the Ninth Circuit and his non-understanding of the law and HBCUs, a compare-and-contrast on how police in Balch Springs Texas conducted themselves in the Jordan Edwards execution compared to a detective with the Raleigh Police terrorizing a BBQ restaurant, and in the #Law140 segment we do an overview of federal sentencing and how it will play out in the Michael Slager plea for executing Walter Scott.

Show Notes:

• Donald Trump’s first and second comments about the Ninth Circuit (Twitter)
• The President’s signing statement about HBCU funding (The White House)
• NORTH CAROLINA: Raleigh PD Detective Matt Cooper terrorizes a local BBQ restaurant (The News & Observer)
• NORTH CAROLINA: Screenshots of the shifting stories from the Raleigh Police Protective Association, now all deleted (Twitter)
• F*ck the Police by NWA (YouTube)
• SOUTH CAROLINA: Michael Slager pleads guilty in the execution of Walter Scott (CNN)
• The text of Michael Slager’s guilty plea (CNN)
• #Law140 thread on federal sentencing and the Michael Slager plea (Twitter)
• TEXAS: Police execute unarmed 15yo Jordan Edwards in Balch Springs (The Dallas Morning News)
• The 2016 Federal Sentencing Guidelines Manual (US Sentencing Commission)
• Apprendi v. New Jersey, 530 US 466 (2000) (Oyez)
• Blakely v. Washington, 542 US 296 (2004) (Oyez)
• United States v. Booker, 543 US 220 (2005) (Oyez)

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We kick off May 1st with our first full podcast episode! Join us for info on Loyalty Day, President Trump’s distaste for our “archaic system” (and his love of Communists and dictators), the hot new diet fad sweeping our Government (jails!), and a quick overview of our court system.

Show Notes:

• President Trump’s Loyalty Day Proclamation
• Trump on our “archaic system”
• Priebus on amending the First Amendment
• Trump endorses Rodrigo Duterte
• UTAH: Madison Jensen loses 42lbs before dying in jail
• WISCONSIN: Terrill Thomas loses 35lbs before dying in jail
• Summary of North Carolina’s judicial system

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It’s our first-ever foray into podcasting – and, by sheer coincidence, about 4:20 long