#FSCK 'Em All!

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It’s an abridged Fsck this Monday, as T. Greg spends the episode talking politics: the gun control debate following the school shooting in Parkland FL, and Special Counsel Robert Mueller unveiling a 37-page indictment confirming the Russians bought the American Presidency (for cheap!). Plus: Rick Gates agrees to plead guilty in order to help the Trump-Russia probe.

Our weekly summary of criminal justice f*ckery will be out this Thursday!

Remember to check out our Patreon page for exclusive patron-only content!

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

[CORRECTION (02/19/18 @ 3:46pm EST): On the podcast, I said “Robert” Gates is pleading guilty in Mueller’s Russia probe; it’s actually *Rick* Gates (Robert Gates was a former Secretary of Defense). The show notes are correct now! Thanks to @gortok for the correction!]

Show Notes:

• Teenager kills 17 at high school in Parkland FL (Miami Herald)
  • The Sun Sentinel’s compilation of follow-up coverage (Sun Sentinel)
• Attorney General Beauregard blames gangs (seriously) (Mother Jones)
• Kentucky Governor Matt Bevin blames music (seriously) (Rolling Stone)
• Ken White’s “Talking Productively About Guns” (Popehat.com)
• WCVB 5 looks into what an “assault weapons ban” means in practice (YouTube)
• Robert Mueller has indicted a lot of Russians for helping Donald Trump (NY Times)
  • Read the indictment in its entirety here (US Dept of Justice)
• Rick Gates will be pleading guilty to testify against Paul Manafort (LA Times)

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Join us this week as two separate wife-beaters resign from the Trump White House, judges in Kentucky and Texas face indictment, two deputies in Durham NC face DWI charges, and police in Georgia and Missouri flip the Parable of the Good Samaritan on its head by arresting one and shooting the other. Then in our #Law140 segment we give you an overview of the overbreadth doctrine, and how a North Carolina law was ruled unconstitutional last week in one of my cases!

Remember to check out our Patreon page for exclusive patron-only content!

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

Show Notes:

• One of our clients is apparently on Reddit (Reddit)
• The Government shut down again… for 6 hours (Politico)
• Staff Secretary Rob Porter resigns after beating 2 ex-wives and an ex-girlfriend (The Hill)
• Speechwriter David Sorenson resigns after running over ex-wife with a car (Vox)
• Of course scumbag Chief of Staff Gen. John Kelly defended them though (Vanity Fair)
  • I forewarned y’all Gen. Kelly couldn’t be trusted (Fsck #19)
• Sixth Circuit: the “particularity” requirements of a warrant are more like suggestions (6th Circ COA)
• Ninth Circuit: No lawyer for children facing deportation (The Hill)
  • The opinion in CLJG v Sessions (9th Circ COA)
• Tenth Circuit: Convictions upheld for man who trolled Tulsa PD over Terence Crutcher’s killing (Tulsa World)
  • The opinion in US v Stevens (10th Circ COA)
• 35 states let police rape someone in their custody (BuzzFeed)
  • In NC, it’s legal except for a less-serious crime (Twitter)
• Long-read on the First Amendment application to reporters exposing police abuse (The Intercept)
• Some of the language police unions get into contracts to protect dirty cops (Marginal Revolution)
• People think crime is worse than it is, and most crimes go unsolved (Pew Research Center)
• Attorney General Beauregard insists marijuana is a gateway drug (Twitter)
• Classified Homeland Security documents left on plane (CNN)
• ARIZONA: ICE deports man whose 5-year-old citizen son is battling cancer (The Hill)
• ARIZONA: Women prisoners get 12 pads a month, banned from buying tampons if they bleed on their clothes (Arizona Republic)
• CALIFORNIA: Big changes for those convicted of weed crimes now that Prop 64 is in effect (Business Insider)
• CALIFORNIA: But the Los Angeles DA will not undo prior pot convictions now that weed is legal (89.3 KPCC)
• CALIFORNIA: Sacramento police collaborate with Nazis to prosecute those with “anti-racist” beliefs (UK Guardian)
• CALIFORNIA: Conejo Valley school board member Mike Dunn tries to shame critic’s employer (TechDirt)
• CALIFORNIA: Los Angeles deputies kill “armed” 16-year-old Anthony Weber, magically can’t find gun (KTLA 5)
• GEORGIA: Woman sues for being raped 8 times while in prison, police repeatedly pull her over after release (INTO)
• GEORGIA: Georgia State Patrol Sgt. Rodney Jeter arrests Good Samaritan for saving woman’s life (KNRS 105.9)
• ILLINOIS: Cook County jailers’ union locks down massive pay hikes (Chicago Sun-Times)
• ILLINOIS: At least 15 Chicago PD officers now involved in scandal stealing drugs, framing residents (WMAQ 5)
  • Our episode when this story first broke (Fsck #50)
• ILLINOIS: Chicago PD officer given paid vacation while being investigated for sexual assault (Chicago Sun-Times)
• KENTUCKY: State Police think anal rape is funny (The Courier Journal)
• KENTUCKY: Trump campaign chairman, former judge Timothy Nolan pleads guilty to sex trafficking of children (Cincinnati Enquirer)
• MAINE: Missing comma leads to $5M settlement (Portland Press Herald)
• MARYLAND: Dead Det. Sean Suiter also stole money with the Gun Trace Task Force (Baltimore Sun)
• MARYLAND: Baltimore PD detective kicked out of the corrupt GTTF when he refused to steal (Baltimore Sun)
  • We talked about the GTTF in Fsck #25
  • …and Fsck #27
  • …and Fsck #32
  • …and Fsck #38
  • …and Fsck #39
  • …and Fsck #41
  • …and Fsck #46
  • …and Fsck #47
  • …and Fsck #50
• MISSOURI: Police shoot innocent, unarmed Good Samaritan for protecting store patrons from gunman (Kansas City Star)
• MISSOURI: Retired judge Evelyn Baker sentenced a black teenager to 241 years in prison, now says she was wrong (The Intercept)
• MISSOURI: White man robs two black men in St. Louis, then convinces police to arrest them (St. Louis Post-Dispatch)
• MONTANA: Labor Department Jordon Dyrdahl-Roberts resigns rather than help ICE break up families (Twitter)
• NEW YORK: Mentally ill woman killed by NYPD Sgt. Hugh Barry did not swing bat as claimed (NY Times)
• NORTH CAROLINA: State Highway Patrol wastes thousands of dollars, assaults report asking questions (News & Observer)
• NORTH CAROLINA: Durham deputy charged with DWI after crashing into tractor trailer (Durham Herald-Sun)
  • Durham police have bad luck with tractor trailers too (Fsck #27)
• NORTH CAROLINA: A different Durham deputy charged with DWI after speeding 101 in a 65 (Durham Herald-Sun)
• NORTH CAROLINA: Charges against anti-Klan protestors dismissed, statute ruled unconstitutional (Durham Herald-Sun)
  • Our episode on what happened that day (Fsck #23)
• NORTH CAROLINA: Excellent long-read on the f*ckery of NC’s bail system (Indy Week)
• NORTH CAROLINA: Davidson County deputy Jeff Athey arrested for robbing a bank in Rockwell (WGHP 8)
• OHIO: ICE deports “pillar of the community” who committed no crime, lived in US 40 years (CNN)
• OKLAHOMA: Police summarily execute 72-year-old black woman woken up by drug raid (Reason)
• OKLAHOMA: Federal judge Stephen Friot gives woman shorter prison sentence as sterilization reward (The Oklahoman)
  • This type of eugenics program was going on in Tennessee too (Fsck #17)
• PENNSYLVANIA: McKean County deputy Colin Meeker suspended for taking down Nazi flag on private property (Newsweek)
• TENNESSEE: Memphis PD leaves body in impounded van for 49 days (WHBQ 13)
• TENNESSEE: White County Sheriff Oddie Shoupe on bodycam saying “I love this sh*t” after ordering suspect’s killing (UK Guardian)
• TEXAS: Clean cars are not reasonable suspicion for a traffic stop (TheNewspaper.com)
  • The Court opinion in Texas v. Cortez (TheNewspaper.com)
• TEXAS: Judge Rodolfo Delgado indicted for accepting bribes to influence case outcomes (San Antonio Express-News)
• CHINA: Zhengzhou Railway Police use facial recognition glasses connected to police databases (Twitter)
• First Amendment (LII)
• Second Amendment (LII)
• NC Gen Stat 14-277.2 (NCGA)
• The First Amendment Overbreadth Doctrine (JSTOR)
• Broadrick v. Oklahoma (Oyez)
• Ashcroft v. Free Speech Coalition (Oyez)
• Packingham v. North Carolina (Oyez)

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It’s a shorter-than-normal Fsck this week because T. Greg had the flu, but we still fit in stories about the Nunes meh-mo, totally bonkers testimony about Maryland’s corrupt Gun Trace Task Force, more ICE stupidity, and the wide variety of police getting charged with dealing drugs.

Episode 49, a #Law140 on how the First Amendment applies to the Executive Branch, is on our Patreon page exclusively for our patrons! We’ll hopefully be back to regular episodes next week!

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

Show Notes:

• The Nunes memo has been released. Emphasis on “meh.” (Vice News)
• Federal regulators approve a legal defense fund for Trump Administration staff (CNN)
• ARIZONA: Police chase ends in violent, head-on crash with innocent civilian (KMPH 26)
• CALIFORNIA: Los Angeles criminalizes homelessness (LA Times)
• CALIFORNIA: Mentally ill 34yo Bertram Hiscock jailed to death (Sacramento Bee)
• COLORADO: Middle school teacher Karen Smith given a paid vacation for assaulting student who didn’t stand for the Pledge (Denver Post)
  • A Michigan student was assaulted too (Fsck #27)
  • And a Texas student was expelled (Fsck #31)
  • Sitting during the Pledge has been legal for 75 years (Oyez)
• FLORIDA: Federal judge strikes down lifetime ban on felon voting rights (Tampa Bay Times)
  • Judge Walker’s opinion (DocumentCloud)
• ILLINOIS: Government attorney resigns over withholding evidence in civil rights lawsuit (Chicago Tribune)
• ILLINOIS: ICE detains Army veteran who served several tours in Afghanistan, to be deported over drug charge (Chicago Tribune)
• ILLINOIS: Seven Chicago PD officers caught on FBI video stealing money, drugs (WBBM 2)
• KANSAS: ICE seizes chemistry professor while taking his daughter to school (Kansas City Star)
• MARYLAND: A compilation of the eye-popping testimony about Baltimore’s corrupt Gun Trace Task Force (Vox)
  • We talked about the GTTF in Fsck #25
  • …and Fsck #27
  • …and Fsck #32
  • …and Fsck #38
  • …and Fsck #39
  • …and Fsck #41
  • …and Fsck #46
  • …and Fsck #47
• MARYLAND: A third of Baltimore’s new police don’t understand the law (Baltimore Sun)
• MARYLAND: Hagerstown PD officer Christopher Barnett arrested for stealing paralyzed woman’s medication (Herald-Mail Media)
• MICHIGAN: Police apologize for ignoring victim of Dr. Larry Nassar in 2004 (Chicago Tribune)
• MISSISSIPPI: Starkville PD radio operator indicted for murdering newborn… but coroner hasn’t even reviewed the case (The Dispatch)
• NEW YORK: State Parks police had to “offer up” their wives for promotions (NY Post)
• NORTH CAROLINA: Charlotte-Mecklenburg police kill suicidal 27yo Charlie Shoupe (Charlotte Observer)
  • Compare with Fresno CA, where a suicidal man with a knife was stopped without killing him (Fsck #27)
  • Even Baltimore police stopped a suicidal man with a knife without killing him (Fsck #37)
• NORTH CAROLINA: Durham PD prevents pair of suicides (Facebook)
• PENNSYLVANIA: Pittsburgh homicide detective Peg Sherwood indicted for lying, falsifying reports (Pittsburgh Post-Gazette)
• UNITED KINGDOM: Bristol police tase man with autism, lie about it, cleared of wrongdoing (UK Guardian)

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Happy Shutdown Day! Join us this week as we talk about California police running a drug trafficking ring, an Ohio deputy killing an unarmed 16-year-old in the courthouse, and New York police being upset they’re not getting as many “get out of jail free” cards as they used to. Then in our #Law140 segment we talk about a viral video of CBP agents asking people for citizenship papers on a Greyhound bus in Florida, and talk about the statutes and case law making that legal.

Make sure to check out our page on Patreon for exclusive patron-only content!

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

Show Notes:

• A summary of past government shutdowns (Vox)
• 9th Circuit: No right to earn a living via prostitution (Reason)
  • The ESPLERP v Gascon opinion (Scribd)
• 10th Circuit: Qualified immunity for corrupt Sheriff Terry Maketa punishing subordinates in campaign (10th Circ COA)
• Study: American neighborhoods are becoming more integrated (City Observatory)
• Long-Read: Prosecutors’ abuse of Alford pleas (ProPublica)
• Study: The most prominent #BlueLivesMatter accounts on Twitter were Russian propagandists (UW)
  • One of the authors started a thread (Twitter)
• Inspector General confirms Gen. John Kelly gleefully defied the law at DHS (Slate)
• ICE locks detainees in solitary confinement if they don’t participate in “voluntary” labor program (The Intercept)
• ALASKA: Police, prosecutors secretly recorded inmate conversations with defense attorneys (Anchorage Daily News)
• ARIZONA: Border Patrol routinely destroys jugs of water and other supplies (The UK Guardian)
• CALIFORNIA: Auburn HOA orders residents to keep garage doors open or be fined $200 (KTXL 40)
• CALIFORNIA: Police tase, kill 34-year-old Warren Ragudo in response to welfare check (KPIX 5)
• CALIFORNIA: Long Beach police summarily execute 25-year-old Luis Perez for “bicycle infractions” (KTLA 5)
• CALIFORNIA: Los Angeles deputy Kenneth Collins and 3 other cops charged with running drug distribution ring (LA Times)
• COLORADO: Colorado Springs PD shells out $2,471,350.00 to settle discrimination lawsuit (KOAA 5)
• FLORIDA: Video shows Customs & Border Patrol demanding proof of citizenship from everyone riding Greyhound bus (Twitter)
• FLORIDA: Palm Beach deputy arrested with 16 pounds of marijuana (The SunSentinel)
• FLORIDA: Vero Beach police disconnect innocent man’s security camera (WFTS 28)
• ILLINOIS: Chicago police only solve 17.2% of murders (Twitter)
• ILLINOIS: Murder convictions thrown out against Jaime Hauad after police tortured him into confessing (WGN 9)
• KENTUCKY: Prospect PD assistant police chief’s advice to trainee: “If black, shoot them” (The Courier Journal)
• MARYLAND: Baltimore’s police chief has been fired (Baltimore Sun)
• MARYLAND: Demetrius Smith is freed after 5 years in prison for a murder he didn’t commit (ProPublica)
• MICHIGAN: Jackson prison serves rotten, maggot-infested food to inmates (Detroit Metro Times)
• MICHIGAN: ICE deporting 42-year-old doctor for decades-old misdemeanor plea (WOOD 8)
• NEW YORK: NYPD PBA cuts number of “Get Out of Jail Free” cards given to cops, sparks outrage (NY Post)
• NORTH CAROLINA: Durham officer JJ Barazandeh saves 2 women from icy creek (Durham Herald-Sun)
• NORTH CAROLINA: Mecklenburg deputy kills deputy husband (Charlotte Observer)
• NORTH CAROLINA: Former police officer sexually assaults Laurinburg women in exchange for housing (BBC)
• NORTH CAROLINA: Prisons ban “The New Jim Crow” from inmates (NY Times)
• OHIO: Columbus officer pulls gun on suicidal black man (WCMH 4)
• OHIO: Franklin County officer shoots, kills 16-year-old Joseph Haynes in courthouse (Columbus Dispatch)
• OKLAHOMA: Charges dismissed against Tulsa black man arrested for “over-complying” (Raw Story)
  • Tulsa is where killer cop Shannon Kepler executed Jeremy Lake (Fsck #14)
  • …and where killer cop Shelby Fields executed Terrence Crutcher (Fsck #36)
  • …and where killer cops executed Joshua Barre (Fsck #9)
• PENNSYLVANIA: Philadelphia police covered up officer’s DUI (Philly.com)
• PENNSYLVANIA: Pittsburgh taxpayers will pay $5.5M to Leon Ford after police paralyze him (Pittsburgh Post-Gazette)
• TENNESSEE: Barber police bust Elias Zarate for heinous crime of barbering without a high school diploma (Reason)
• TEXAS: Judge tells juror “God told him” Defendant is not guilty (WPXI 11)
• TEXAS: Lyndo Jones files civil rights lawsuit against Mesquite PD (Austin American-Statesmen)
  • Our episode with Jones being shot for breaking into his own truck (Fsck #38)
• UTAH: Most search warrants approved in 10 minutes or less, many in just seconds (Salt Lake Tribune)
• CANADA: Police start to write ticket for snow sculpture of Delorean (WGCL 46)
• Article I, Section 8 of the Constitution (LII)
• Article II of the Constitution (LII)
• The Fourth Amendment (LII)
• 8 CFR 287.1 (LII)
• Chae Chan Ping v US, the “Chinese Exclusion Case” (Justia)
• Shaughnessy v US ex rel Mezei (Justia)
• US v Brignoni-Ponce (Oyez)
• US v Ortiz (Oyez)
• US v Martinez-Fuerte (Oyez)

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Happy Martin Luther King Jr. Day — just make sure to read some of Dr. King’s other writings while you celebrate! Join us this week as we talk about our Parody President and porn stars, a teacher getting arrested (on video) for questioning a superintendent’s pay increase, and an “I told you so!” moment here in North Carolina. Then in our #Law140 segment we talk about charges getting dismissed against Cliven Bundy and his co-conspirators, and the landmark court case of Brady v. Maryland that made it possible.

Make sure to check out our page on Patreon for exclusive patron-only content!

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

Show Notes:

• The Papaya POTUS thought “shithole countries” would play well with his base (The Hill)
• Trump paid out $130K to a porn star to keep her quiet (UK Guardian)
• And had another porn star sign a non-disclosure agreement (Raw Story)
• And invited a third porn star for a threesome (Daily Beast)
• Oral arguments in McCoy v Louisiana start Wednesday (NBC News)
  • Our episode on SCOTUS granting certiorari (Fsck #32)
• Eighth Circuit: Missouri’s 2,500+ hours of training to braid hair is reasonable (8th Circ COA)
  • It only takes 1,350 hours to become a Missouri cop (KCMO.gov)
• Harvard: New law review article on Presidential tweeting (Harvard Law Review)
  • Our #Law140 on presidential tweets and the First Amendment (Fsck #9)
• NYT: The labor market is making it easier for former inmates to find work (New York Times)
• NYT: The drop in crime has most-benefitted the most-disadvantaged (New York Times)
• Pew: Racial disparity in federal prisons is indeed shrinking (Pew Research)
  • Our episode with a Marshall Project editorial on possible reasons (Fsck #42)
• Slate: Exposé on prosecutors fighting to keep innocent people locked up (Slate)
  • A compilation of 17 such cases (Slate)
• WaPo: Accurate-but-depressing editorial on the innocent pleading guilty (Washington Post)
• The White House held a “prison reform” meeting… on re-entry programs (NPR)
• FBI whines about you having crypto (Vice Motherboard)
• ICE is now raiding 7-Elevens (WRC-TV 4)
• The IRS paid private debt collectors $20M+ to collect $6.7M (Forbes)
• ARIZONA: Inmate chews off own fingers to finally get medical treatment (Newsweek)
  • Our episode on Arizona’s inhumane prison conditions (Fsck #17)
• CALIFORNIA: Kamala Harris’s record defending dirty prosecutors (Reason)
• FLORIDA: Jacksonville Sheriff Mike Williams loses it over being criticized (Florida Times-Union)
  • Our episode with the ProPublica exposé (Fsck #38)
• GEORGIA: Police arrest 70+ people for less than an ounce of weed (WSB-TV 2)
• ILLINOIS: College student arrested by police for distributing political flyers (The FIRE)
• ILLINOIS: Thomas Sierra freed after spending 22 years in prison for a murder he didn’t commit (Chicago Tribune)
  • Sierra was framed by the same dirty cop as the “mass exoneration” group (Fsck #38)
• LOUISIANA: Teacher arrested for questioning superintendent’s pay raise (KATC 3)
• MARYLAND: Bail bondsman pleads guilty to helping police deal drugs (Baltimore Sun)
  • Our episode on Sgt Jenkins pleading guilty (Fsck #46)
  • Our episode on one of Jenkins’s Task Force lackeys pleading guilty (Fsck #32)
  • And another Task Force lackey being indicted… (Fsck #25)
  • …who stole $10,000 from a citizen (Fsck #27)
  • And the Philadelphia cop who helped the Task Force sell their drugs (Fsck #38)
  • And Jenkins setting up Det. Sean Suiter to find planted drugs (Fsck #41))
  • And Suiter being killed the night before he was to testify against the Task Force (Fsck #39)
• MARYLAND: Security guards dump hospital patient at bus stop in freezing weather (CBS News)
• MARYLAND: Montgomery PD officer breaks car window, accidentally shoots driver (Washington Post)
• MASSACHUSETTS: Police request your DNA from testing services likes 23andMe (WFXT 25)
• NEVADA: The Bundy case is dismissed with prejudice (Las Vegas Review-Journal)
  • Our episode where the judge declared a mistrial (Fsck #46)
  • And where Bundy’s co-conspirators were acquitted (Fsck #24)
• NEW MEXICO: Governor Susana Martinez wants blanket immunity for killer cops (Albuquerque Journal)
• NEW YORK: NYPD officers illegally choke out protestors (Carbonated.tv)
• NEW YORK: Long-read on man sent to Rikers Island 100 times (Village Voice)
• NEW YORK: NYPD waged a smear campaign against a rape victim; concludes she was right 24 years later (Daily Beast)
• NORTH CAROLINA: The felonies against Durham protestors are being dismissed (Durham Herald-Sun)
  • Our episode where I told you this would happen (Fsck #23)
• NORTH CAROLINA: Former Governor McCrory costs taxpayers $250,000.00+ for public records dispute (News & Observer)
• OHIO: Teacher threatens to lynch student if he doesn’t get back to work (AP)
• PENNSYLVANIA: Philadelphia courts have been wrongly excluding jurors (The Philly Declaration)
• TENNESSEE: Governor’s brother runs company loaded with racist executives going to prison (KnoxNews.com)
• TENNESSEE: No charges as Algood cop speeds 26+ mph over the limit, plows into elderly couple (WSMV 4)
• VIRGINIA: Outbound Governor reduces man’s insane 551-year sentence (Virginian Pilot)
• WASHINGTON: Judge pens blistering opinion upholding $15.1M verdict in police killing of unarmed black man (Seattle Times)
  • Judge Rothstein’s opinion in Thomas v Cannon et al (Justia)
• WISCONSIN: Prison guards sued for breaking 16-year-old’s arm, raping him, leaving him naked for hours (Madison.com)
• WISCONSIN: Taxpayers pony up $800K after demanding transgender student wear green armband, surveilled his bathroom use (BuzzFeed)
• WISCONSIN: Long-read on the death of Jason Pero, and mistreatment of Native Americans by police (BuzzFeed)
• WISCONSIN: Teacher’s homework wants “3 good reasons for slavery” (WITI 6)
• UNITED KINGDOM: Police told suspected thief was white, then brutally arrest innocent black man (UK Guardian)
• Brady v Maryland (Oyez)
• Giglio v United States (Oyez)
• Strickler v Greene (Oyez)
• Wearry v Cain (Oyez)
• US Attorneys Manual section on Brady Material (USDOJ)
• USAM Criminal Resource Manual Guidance on Discovery (USDOJ)
• Some history on NC’s criminal discovery (UNC School of Government)

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It’s been 3 weeks since our last update on criminal justice f*ckery around the nation, and it shows. Join us for an extra-long, f*ckery-only episode where we talk about the drop in crime nationwide, killer cops in Georgia, Kansas, Michigan, and Texas, child predators in New York, Ohio, and Pennsylvania, and a funny story about AI in the UK!

#Law140 will return next week!

Make sure to check out our page on Patreon for exclusive patron-only content!

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

Show Notes:

• Tenth Circuit: Shooting van full of innocent kids is constitutional (Santa Fe New Mexican)
  • The Farrell v. Montoya opinion (10th Circuit COA)
• The 2017 Police Violence Report is out (Mapping Police Violence)
  • Police killed more Americans than terrorists, Chicago gangs, and mass shooters. Combined. (The Root)
• Heather MacDonald’s argues NYC is safe because it’s so white… (National Review)
  • …even though it’s had the lowest % of white people ever (Twitter)
  • Ames Grawert’s thread is worth reading (Twitter)
• R Street Institute op-ed on mass incarceration of children (HuffPost)
• Long-read on Hispanic children trapped between MS-13 and potential deportation (The New Yorker)
• In-depth report on prosecutors treating opioid overdoses as homicides (Wall Street Journal)
• Radley Balko’s list of some of this year’s most-outrageous criminal justice f*ckery (Washington Post)
• John Pfaff on prison gerrymandering (Twitter)
• New study: Police kill more minorities in the years after being protested (PAA)
• Attorney General Beauregard wants more Americans locked up for weed (Washington Post)
  • And one of his advisors wants doctors to drug-test literally everyone (Daily Beast)
• ALABAMA: Unarmed 17-year-old Ulysses Wilkerson savagely beaten by Troy police while handcuffed (Troy Messenger)
• ALABAMA: Dad shoots, kills son for borrowing car (WIAT 42)
• CALIFORNIA: Chico police sergeant Scott Ruppel charged with assault (ActionNewsNow)
• CALIFORNIA: Riverside County Deputy Oscar Rodriguez indicted in love triangle murder (LA Times)
• CALIFORNIA: Sacramento deputy paid to arrest prostitutes is arrested for soliciting prostitutes (KOVR 13)
• COLORADO: 2 Longmont officers suspended over illegal searches (Longmont Times-Call)
  • Our first podcast with this story (Fsck #9)
  • …and how Longmont PD tried to avoid releasing info (Fsck #17)
  • …and taxpayers’ paying a $210K settlement (Fsck #38)
• CONNECTICUT: Gross college co-ed Brianna Brochu ducks hate crime charge (CBS News)
  • Our episode on Brochu poisoning her black roommate (Fsck #36)
• DC: Jury acquits J20 protestors on all remaining charges (Washington Post)
  • Our episode when the rioting charges were dismissed (Fsck #42)
  • And the Government admitting they lacked evidence (Fsck #39)
• FLORIDA: Minneola man shoots gun, shouts epithets, fires up chainsaw… taken alive by police (Miami Herald)
• GEORGIA: State police kill 35-year-old Jarvis Lykes for avoiding a DUI checkpoint (Atlanta Journal-Constitution)
• GEORGIA: Department of Corrections tweets holiday picture in cotton field because “LOL slavery!” (Newsweek)
  • Georgia has more people-per-100K in the justice system than every other state in America (Prison Policy Initiative)
• GEORGIA: Killer cops Michael Howell, Henry Copeland, and Rhett Scott indicted for murder of 58-year-old black man (Atlanta Journal-Constitution)
• ILLINOIS: Carol Stream police to start roadside drug tests (Chicago Tribune)
  • Bayes Theorem (Wikipedia)
• ILLINOIS: FOP Vice President Martin Preib is totally clueless about police misconduct (Chicago Tribune)
• ILLINOIS: Men whose cases were dismissed in “mass exoneration” apply for certificates of innocence (Chicago Tribune)
  • Our episode on the mass exoneration (Fsck #38)
• INDIANA: Jefferson County jail commander Andrew Horine charged with stealing $7,500 in bond money posted for inmates (WXIN 59)
• KANSAS: Wichita PD summarily executes 26-year-old Andrew Finch over SWATting call (Wichita Eagle)
  • The gamer has been charged; the killer cop has not (Wichita Eagle)
  • Radley Balko on the bad conditioning of cops (Washington Post)
• KANSAS: Wichita PD officer Paul Cruz tries to kill dog, instead shoots 9-year-old girl in the forehead (Wichita Eagle)
• MAINE: Retired state trooper Jeffrey Linscott arrested for dealing cocaine (Portland Press Herald)
• MARYLAND: All charges dismissed after high-profile Baltimore PD raid seized 16lbs of not-drugs (Baltimore Sun)
• MARYLAND: Judge steps down from bench to apologize to 2 men framed by police (Baltimore Sun)
• MARYLAND: Corrupt Gun Trace Task Force supervisor Sgt. Wayne Jenkins to pleads guilty to racketeering (Baltimore Sun)
  • Our episode on one of Jenkins’s Task Force lackeys pleading guilty (Fsck #32)
  • And another Task Force lackey being indicted… (Fsck #25)
  • …who stole $10,000 from a citizen (Fsck #27)
  • And the Philadelphia cop who helped the Task Force sell their drugs (Fsck #38)
  • And Jenkins setting up Det. Sean Suiter to find planted drugs (Fsck #41))
  • And Suiter being killed the night before he was to testify against the Task Force (Fsck #39)
• MARYLAND: Baltimore officer harasses citizens for noting disparities between police, school funding (Twitter)
• MASSACHUSETTS: Extended write-up on the State Crime Lab tainting 32,000+ drug cases (Rolling Stone)
  • Our first episode on the Crime Lab fiasco (Fsck #31)
  • And on the Crime Lab withholding evidence in DUI cases (Fsck #33)
  • And on 6,000+ drug cases being dismissed (Fsck #41)
  • And on the Washington Post’s exposé (Fsck #42)
• MICHIGAN: 817 serial rapists identified from abandoned rape kits (NY Times)
• MICHIGAN: Killer cop Mike Bessner charged with murder for the killing of 15-year-old Damon Grimes (Detroit Metro Times)
  • Our episode on Grimes’s execution (Fsck #25)
• MICHIGAN: Grand Rapids police who pulled gun on 11-year-old black girl will not be disciplined (WNDU 16)
  • Our episode with this story (Fsck #42)
• MINNESOTA: Prosecutor on video saying he can’t prosecute Justine Damond’s killer (The Star-Tribune)
• MISSISSIPPI: In-depth review of how poorly the state handles psychiatric evaluations (ProPublica)
• MISSISSIPPI: Clarksdale judge arrested after fight with Police Chief (WREG 3)
• MONTANA: BIA officer Michael Bullcoming pleads guilty to coercing woman into having sex (Billings Gazette)
• NEBRASKA: Neo-Nazi Taylor Michael Wilson tries to derail Amtrak, arrested alive (Lincoln Journal-Star)
• NEBRASKA: State legislator proposes giving sovereignty to businesses (Lincoln Journal-Star)
• NEVADA: Kirstin Lobato released after serving 15 years for a murder she did not commit (Las Vegas Review-Journal)
• NEVADA: Prosecutorial misconduct leads to mistrial in Cliven Bundy case (The Oregonian)
  • Our earlier episode when Bundy’s co-conspirators were found not guilty (Fsck #24)
• NEW HAMPSHIRE: Killer cop Christopher O’Toole summarily executes 26-year-old Jesse Champney (Valley News)
• NEW HAMPSHIRE: State legislator Richard Marple wants to recognize sovereign citizens (Daily Beast)
  • The text of Marple’s bill (LegiScan)
• NEW JERSEY: Ex-Police Chief Frank Nucera lied to investigators about hate crime (Burlington County Times)
  • Prosecutors have him on 100+ hours of audio (NJ.com)
  • Our earlier episode with Nucera’s indictment (Fsck #36)
• NEW JERSEY: Matawan PD removes photo on Facebook of officer flashing Nazi hand gesture (NJ.com)
  • A Zephyrhills Florida officer did the same thing (Twitter)
• NEW JERSEY: Jail population, violent crime both plummet after bail reform (OC Register)
• NEW YORK: Crime in NYC drops to 60-year lows (NY Times)
• NEW YORK: NYPD officers suspended for ignoring 911 call from pregnant woman later found murdered (NY Post)
• NEW YORK: NYPD flasher Adam Fridson exposed himself to 3 more underage girls (NY Daily News)
  • Our earlier episode on this pervert (Fsck #33)
• NEW YORK: NYPD Sergeant Tamas Balatoni makes $170,000.00 per year, caught stealing from Banana Republic (NY Post)
• NEW YORK: Man nearly killed by Nassau County police for buying shampoo (Twitter)
• NEW YORK: White Plains police officer Anthony Carelli gets away with murder of 68-year-old Marine veteran Kenneth Chamberlain Sr. (The Root)
• NEW YORK: Squirrel lunges for Brockport officer’s bodycam (Twitter)
• NORTH CAROLINA: Corrections Officer Erica Johnson indicted for attempted murder of minister (Charlotte Observer)
• NORTH CAROLINA: Durham Sheriff, County Manager want new (unconstitutional) protest rules (Durham Herald Sun)
• NORTH CAROLINA: GOP lawyer to court: “Race correlates with party” (News & Observer)
• NORTH DAKOTA: Inmates unable to receive visitors due to video visitation glitch (Seattle Times)
  • Our earlier episode on the video visitation scam (Fsck #25)
• OHIO: Politicians call for inquiry into flagrant Taser abuses in jails (Reuters)
  • Our episode with Part 3 of the Reuters exposé (Fsck #24)
  • Our episode with Part 6 (Fsck #41)
• OHIO: Police Chief Andrew Solomon arrested on federal child porn charges after raping 16-year-old (WKBN 27)
• OREGON: Washington County deputies talk suicidal man off ledge (Twitter)
• PENNSYLVANIA: Leechburg PD Chief Mike Diebold arrested for soliciting a 14-year-old (WPXI 11)
• PENNSYLVANIA: New Philadelphia DA Larry Krasner takes office, fires 31 prosecutors (Philadelphia Inquirer)
• PENNSYLVANIA: Philadelphia PD officers file suit claiming superiors forced them to lie on paperwork (AP)
• PENNSYLVANIA: Pittsburgh cop Ronald Hough tases pizzeria employee for sport, caught on camera (Pittsburgh Post-Gazette)
  • And retires to avoid being disciplined (Pittsburgh Post-Gazette)
• TENNESSEE: Police deliberately stage drug buys in “drug free school zones” to increase sentences (Reason)
• TENNESSEE: Legislators allow handguns in legislature, but ban hand-held signs as a “serious safety hazard” (The Tennessean)
• TENNESSEE: Matthew Charles spent 26 years in prison for crack; now rehabilitated, the Government wants him to go back (WPLN)
• TEXAS: Bexar County deputies summarily execute alleged car thief, also kill 6-year-old Kameron Prescott (KENS 5)
• TEXAS: Fort Worth police officer Kenneth Pierce punches domestic violence victim in the throat, has her tased (Reason)
• TEXAS: Harker Heights PD savagely beat Leah Dure for sport (Killeen Daily Herald)
• TEXAS: Killer cop Ken Johnson found guilty of murdering 16-year-old Jose Cruz (Dallas Morning News)
• UTAH: Woman locks kids in trunk to go shopping, no jail time (Salt Lake Tribune)
• VIRGINIA: Alexandria jury convicts former DC cop Nicholas Young of terrorism charges (Washington Post)
• WISCONSIN: ATF Agent Justin Fahy arrested for taking pictures in girl’s restroom (WKOW)
• CANADA: Calgary judge “uncomfortable” with “big dark people” (CBC News)
• UNITED KINGDOM: Extensive coverage of hellish jail conditions for women (BuzzFeed News)
• UNITED KINGDOM: London police try using AI to find porn, but it keeps flagging sand (Gizmodo)

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In this special bonus episode, join us for an hourlong conversation with my good friends James Hankins and Dave Foxx on topics including affirmative action in higher education, the future of the Republican Party, and an unplanned segue into Star Wars lore. Then in our #Law140 segment we talk about the Dormant Commerce Clause and how it will affect state-level efforts to create their own Net Neutrality regulations.

Make sure to check out our page on Patreon for exclusive patron-only content — including the outtakes from our first attempted interview with James and Dave!

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

Show Notes:

• Follow James on Twitter!
• Follow Dave on Twitter!
• Republicans pass a new tax bill (CNN)
• DOJ investigates Harvard’s affirmative action policies (Washington Post)
  • Our WTFsck on the race-based affirmative action (Fsck #30)
• NC’s rebooted Teaching Fellows Program has no HBCUs (News & Observer)
• Joe Trippi claims the sexual assault allegations helped Roy Moore (Vox)
• Black turnout in Alabama “complicates” discussion on voter laws (NY Times)
• Texas police execute 6-year-old Kameron Prescott (KENS 5)
• Kansas police execute 28-year-old Andrew Finch (Wichita Eagle)
• NY, CA consider state-level “fixes” for Net Neutrality (NY Daily News)
• Gibbons v Ogden (Oyez)
• Willson v Black Bird Creek Marsh Co (Oyez)
• Maine v Taylor (Oyez)
• Fulton Corp v Faulkner (Oyez)
• Pike v Bruce Church Inc (Oyez)

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Happy New Year everybody! We’re still not-quite-ready with new episodes for 2018, so this minipod gives you an update on what to expect over the next week — and also includes a (brief) rant on the devastation in Puerto Rico and how it’s now affecting the continental United States.

Make sure to check out our page on Patreon for exclusive patron-only content, including the botched first attempt at an interview with Dave and James!

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

Show Notes:

• I thought this tweet about hospital IV bags was a hoax (Twitter)
• Turns out it’s not… it’s actually becoming a huge problem (Snopes)

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In an unexpectedly-long episode this week, we talk about a Trump judicial nominee getting embarrassed by a Republican Senator, several cases with bodycam and security footage confirming the First Rule of Fsck, and two unusual stories about fake police officers – both with ties to North Carolina. We also talk with special guest Kahran Myers about politics, and for our #Law140 we do a high-level overview of attorney-client privilege.

Make sure to check out our page on Patreon for exclusive patron-only content!

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

Show Notes:

• Our special guest this week is Kahran Myers of Faith in Public Life (Twitter)
• Newspeak debuts at the CDC (Washington Post)
• Trump’s judicial nominees are painfully incompetent (Twitter)
• New study: teen weed use down since legalization (Washington Examiner)
• New study: cocaine deaths of blacks on par with “crisis” opioid deaths of whites (CNN)
• New study: media consistently warp portrayal of black families (Washington Post)
• Why is the race disparity in prison going down? 4 theories (Marshall Project)
• Data Analysis: Police shoot people 2x as often as thought (VICE News)
• ICE kept 92 Somali immigrants on a slave ship for days (Newsweek)
• ALABAMA: Long-read on corrupt Morgan County Sheriff Ana Franklin (New York Times)
• ALABAMA: Southside PD officers Jonathan Works and Brian Walker indicted for rape (AL.com)
• ARIZONA: Killer cop Germayne Cunningham indicted for murder of 7-year-old daughter (CBS 5)
• CALIFORNIA: Long-read exposé on fabricated evidence from the Orange County Crime Lab (OC Weekly)
• CALIFORNIA: Bodycam footage released in gas station beatdown of 21-year-old motorist (CBS LA)
• CALIFORNIA: Fake NC police car spotted in Los Angeles (News & Observer)
• CALIFORNIA: Sacramento man freed after 15 years for wrongful conviction (ABC News)
• CALIFORNIA: Federal ATF joins local weed raid (San Bernardino Sun)
• COLORADO: Man gives deputy the bird, deputy snaps his finger (Denver Post)
• DC: Inciting a riot charges dismissed against J20 protestors (Washington Post)
  • Our earlier episode with these prosecutions (Fsck #39)
• FLORIDA: Broward Health commissioners, lawyer indicted for violation sunshine laws (WPLG 10)
• FLORIDA: Man breaks up fight on school bus, gets arrested (Citrus County Chronicle)
• FLORIDA: Bodycam footage released of police arresting 93-year-old woman for unpaid rent (Orlando Sentinel)
• FLORIDA: Marion County deputies Dustin Lay and Christopher Schanding resign after beating woman (Ocala Post)
• GEORGIA: UGA linebacker arrested for comically-small amount of weed (Twitter)
• GEORGIA: Crawford deputies commit puppycide, force owner to cut off dog’s head (Snopes)
• ILLINOIS: Unprecedented hearing on racial bias in dozen trap house cases (Chicago Tribune)
• ILLINOIS: Judge tosses confessions by men beaten by Chicago PD detective Reynaldo Guevara (Chicago Sun Times)
• ILLINOIS: Chicago asks to sue estate of dead teen killed by CPD officer Robert Rialmo (Chicago Tribune)
  • Our episode with some of the details on this litigation (Fsck #39)
• ILLINOIS: Exposé uncovers 85% of all police discipline cases being reduced or erased (ProPublica)
  • Our earlier episode on Chicago’s discipline problem (Fsck #37)
• IOWA: State Supreme Court justice orders newspaper to not publish public records (Associated Press)
• KANSAS: Domestic terrorists ask for Trump voters on their jury (Washington Post)
• MARYLAND: Baltimore PD staged a fake funeral for Det. Sean Suiter (Baltimore Beat)
  • Our episode where Suiter was set up to find fake drugs (Fsck #41)
  • Suiter was killed the day before he was scheduled to testify against dirty cops (Fsck #39)
• MICHIGAN: Security cam footage released in bloody jail beating of handcuffed woman (Detroit Free Press)
• MICHIGAN: Bodycam footage released as Grand Rapids police handcuff, point gun at 11-year-old black girl (Washington Post)
• MICHIGAN: Legislature says “LOL, jk!” on refunding driver responsibility fees (Crain’s Detroit Business)
  • Our episode on these fees being ended (Fsck #36)
• MICHIGAN: Police now banned from sex with prostitutes (MLive.com)
  • Our episode on similar legislation in Alaska (Fsck #17)
• MINNESOTA: Minneapolis PD officer Christopher Reiter sentenced to 6 months for crushing man’s nose (City Pages)
• NEW MEXICO: State police chief wants more transparency with misconduct investigations (Santa Fe New Mexican)
• NEW YORK: NYPD summarily executes 69-year-old man who thought he was being robbed (New York Times)
• NEW YORK: Thompkins County deputy Scott Walters charged with first-degree rape (Ithaca Voice)
• NEW YORK: Utica police officer shoves man to ground while on camera (WKTV 2)
• NEW YORK: Deray Mckesson files defamation lawsuit against Fox News (Baltimore Sun)
  • Our episode on the Baton Rouge class action settlement (Fsck #36)
• NORTH CAROLINA: Long-read on the non-existent KKK rally (WRAL)
  • Our episode with the “tick tock” from that day (Fsck #23)
• NORTH CAROLINA: Pedophile cop keeps trying to contact underage girl he raped (Gaston Gazette)
• NORTH CAROLINA: Greensboro PD officers Timothy & Renee Brewer charged with child abuse in beating (WXII 12)
• NORTH CAROLINA: Killer cop Phillip Barker indicted for manslaughter in death of pedestrian (WCNC)
  • Our episode with this story (Fsck #16)
• NORTH CAROLINA: No one knows police officer who called girl “half-breed” during stop (News & Observer)
• NORTH CAROLINA: School resource officer re-assigned after choking out high school student (News & Observer)
• NORTH CAROLINA: Republican Register of Deeds indicted for embezzling nearly $1M (News & Observer)
• OHIO: Cops catfish college student, then arrest him for felonies (Reason)
• OHIO: Bodycam footage released of Cincinnati cops illegally tasing 2 brothers (Cincinnati Enquirer)
• OHIO: Conservative Buckeye Institute endorses bail reform (Cleveland.com)
• OREGON: Portland police threaten activists to stop recording them (Portland Mercury)
• OREGON: In-depth investigation into how police regulators keep “bad apples” on the force (The Oregonian)
• PENNSYLVANIA: Entire Aliquippa PD restricted from database after abuse (Beaver Countian)
• TEXAS: Viral video of Austin police savagely beating 37-year-old for jaywalking (Spectrum News Austin)
• TEXAS: Dallas cop Christopher Hankins, first charged with theft, now charged with domestic violence (Dallas Morning News)
• WASHINGTON: Taxpayer arrested for criticizing deputy on Facebook (Kitsap Sun)
• UK: London rape case tossed out because police failed to disclose 40,000 texts (The Times of London)
• Federal Rules of Evidence, Rule 104(a) (LII)
• Federal Rules of Evidence, Rule 501 (LII)
• Federal Rules of Evidence, Rule 502 (LII)
• Swidler & Berlin v. US (Oyez)
• US v. Zolin (Oyez)