Tag: police state

The grisly history of America’s death row: Agonising three-hour death from botched lethal injection, notorious last meals and the real-life execution that has eerie parallels to Green Mile

The impending execution of killer Kenneth Eugene Smith with untested nitrogen has brought America’s controversial capital punishment system back into sharp focus.

Smith will be gassed to death with nitrogen hypoxia tomorrow at 6pm in Atmore, Alabama, after the US Supreme Court denied his appeal.

It will be the first execution of its kind in the US and first known nitrogen execution in the world. 

But Smith’s demise will be just the latest in a long line of officially sanctioned killings in the United States.

The 2000 hit film adaptation of Stephen King’s novel the Green Mile, which featured a horrifying electric chair execution scene, was loosely based on the real case of 14-year-old George Stinney, who was electrocuted for the murders of two girls in 1944.

In 1928, housewife Ruth Snyder was executed by the same method after murdering her husband with her lover. Incredibly, a photographer took a secret picture of the moment of her death using a camera strapped to his ankle.

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The FBI Said There Were ‘Pipe Bombs’ On January 6. Evidence Points To A Coverup, Congressman Says

Democrats have strained to make the case that January 6, 2021, was a violent “insurrection,” even resorting to false claims such as that police officers were murdered to make their case. But they have gone out of their way to avoid the one incident that would seemingly best make their point — the two purported pipe bombs outside the Democratic National Committee and Republican National Committee.

Now a Republican lawmaker who pored over thousands of hours of video footage and other evidence from January 6 alleges that the bombs may have been planted with the involvement of law enforcement. He believes Democrats have backed off from the incidents for fear that the truth would be discovered.

“This is an ongoing coverup at this point,” Rep. Thomas Massie (R-Kentucky), a member of the Select Subcommittee on the Weaponization of the Federal Government, told The Daily Wire. “If there were indeed two operable pipe bombs, that would be the biggest threat that existed on January 6 … It doesn’t make any sense why they wouldn’t be promoting that threat to advance that narrative unless they had something to do with the pipe bombs and they’re trying to memory-hole the whole thing to avoid embarrassment.”

Video identified by Massie shows officers reacting nonchalantly after they were notified of the pipe bomb, milling slowly around the area and even letting children walk in front of it afterward. The soon-to-be vice president Kamala Harris was in the building at the time, a fact that the Department of Justice made misstatements about for months.

The video raises questions about how a Secret Service sweep before she entered did not detect a pipe bomb in plain sight some 30 feet from them.

“It’s the worst scandal of January 6, that’s for sure,” Massie said. “[A pipe bomb] is made to maim and kill… And the people who were protesting that day did not have weapons meant to maim and kill. So you would think they would be very focused on these pipe bombs, but they aren’t.”

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Wisconsin Could Make It Impossible for Cottage Food Producers To Make a Living

Since 2017, Wisconsinites have been legally allowed to sell a number of home-baked goods to the general public, free to make as much money as their products can garner. But a new bill being considered by the Wisconsin Legislature could change that, essentially making it impossible for so-called cottage food producers to make a living.

Assembly Bill 897 would increase “the sales threshold from $5,000 to $20,000” for homemade food products, according to a state analysis of the bill. That might seem like an improvement, but “the current sales cap applies only to canned goods,” notes Jobea Murray, board president of the Wisconsin Cottage Food Association. “All other cottage food products are currently unlimited in their sales.” (A bill being considered by the Senate would impose a slightly higher annual cap of $25,000.)

If enacted, A.B. 897 would create one of the strictest cottage food regimes in the country. The states that have a sales cap usually have a limit that’s “high enough for home-based producers to earn a living wage,” says Suranjan Sen, an attorney at the Institute for Justice (I.J.), a libertarian public interest law firm. “Florida’s cap, for example, is $250,000 annually.”

A $20,000 annual sales cap “would make Wisconsin’s the most restrictive cap in the nation,” he continues.

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Victory! Ring Announces It Will No Longer Facilitate Police Requests for Footage from Users

Amazon’s Ring has announced that it will no longer facilitate police’s warrantless requests for footage from Ring users. This is a victory in a long fight, not just against blanket police surveillance, but also against a culture in which private, for-profit companies build special tools to allow law enforcement to more easily access companies’ users and their data—all of which ultimately undermine their customers’ trust.

Years ago, after public outcry and a lot of criticism from EFF and other organizations, Ring ended its practice of allowing police to automatically send requests for footage to a user’s email inbox, opting instead for a system where police had to publicly post requests onto Ring’s Neighbors app. Now, Ring hopefully will altogether be out of the business of platforming casual and warrantless police requests for footage to its users. This is a step in the right direction, but has come after years of cozy relationships with police and irresponsible handling of data (for which they reached a settlement with the FTC). We also helped to push Ring to implement end-to-end encryption. Ring has been forced to make some important concessions—but we still believe the company must do more. Ring can enable their devices to be encrypted end-to-end by default and turn off default audio collection, which reports have shown collect audio from greater distances than initially assumed. We also remain deeply skeptical about law enforcement’s and Ring’s ability to determine what is, or is not, an emergency that requires the company to hand over footage without a warrant or user consent.

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Feds Will Try Backpage Co-Founder Michael Lacey for a Third Time

Third time’s a charm? Let’s hope not. More than five and a half years after journalist and Backpage co-founder Michael Lacey was arrested, federal prosecutors have indicated that they will try him for a third time on the same charges.

It’s a frightening reminder of how far authorities will go to get their way—and to warn tech companies and publishers against platforming speech the government doesn’t like.

When you zoom out a bit, it’s clear Lacey’s case could have implications for anyone who posts or consumes content online.

Doesn’t the Constitution bar being tried twice on the same criminal charges? Generally, yes—in cases involving an acquittal or conviction, that is. But Lacey’s two previous trials resulted in mistrials, meaning the government can take another shot if it likes. And in a motion filed yesterday, prosecutors announced that indeed they would like a do over, again.

The first trial, back in 2021, was declared a mistrial after prosecutors and their witnesses couldn’t stop suggesting that Lacey and his co-defendants were charged with child sex trafficking. They were not, and efforts to suggest as much could have seriously prejudiced a jury.

In actuality, Lacey, his longtime (and now deceased) publishing partner James Larkin, and several other former Backpage staffers and executives were charged with violating the federal Travel Act by facilitating prostitution. They were also accused of conspiracy to facilitate prostitution and money laundering in service of this.

The second trial, held last fall, saw a jury totally acquit two of the defendants while two others—Scott Spear and John “Jed” Brunst—were acquitted on multiple charges and found guilty on multiple charges.

Lacey’s outcome was also mixed but with far fewer guilty or not guilty verdicts. He was ultimately found guilty on just one count and not guilty on just one count; the jury was hung on the remaining 84 counts. So, federal judge Diane Humetewa declared a mistrial with respect to these 84 counts, allowing (but not requiring) the government to try again.

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Prosecutors Admit Ray Epps ‘Committed Multiple Crimes,’ Offered Plea Deal Because Of ‘Conspiracy Theories’

Veteran reporter Julie Kelly has obtained a transcript of the sentencing hearing for Ray Epps, a man who was filmed urging people to enter the Capitol at numerous points on January 5 and 6.

Epps — who was also one of the first to protesters to breach Capitol Police lines on January 6 — was given overwhelmingly light treatment from federal prosecutors when compared with the majority of protesters arrested that day. More than three years after the protests, the FBI is serving no-knock raids for demonstrators who are typically charged with four misdemeanors, including disorderly conduct, picketing in the Capitol Building, remaining in restricted grounds and similar trespassing-related misdemeanors.

Hundreds of protesters have also been charged and jailed after being convicted of “obstruction of an official proceeding,” which has been advanced by federal prosecutors under a convoluted legal theory that it currently set to be ruled on by the U.S. Supreme Court. While federal prosecutors have largely stopped charging non-violent protesters with the felony statute, it is still being brought in a number of cases despite the impending Supreme Court ruling.

For Ray Epps, he was charged and pleaded guilty to just one count of disorderly conduct. While hundreds of non-violent protesters with clean records have been sentenced to months or even years in jail, Epps was sentenced to just one year probation and was ordered 100 hours of community service.

According to the sentencing hearing transcript obtained by Julie Kelly, prosecutors admitted that Epps “committed several crimes” on January 6.

“Your honor, Ray Epps has been unfairly scapegoated, but he is not a victim. He was not a secret agent of the government on January 6, trying to trick unwitting Trump supporters into committing federal crimes,” said Assistant U.S. Attorney Michael Gordon during last month’s hearing. “That’s not what happened. But he is not innocent, either.”

Gordon went on to concede that Epps “did not start the riot or cause it, but he did make it much worse.”

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Florida Senate Committee Unanimously Passes Bill To Restrict Hemp-Derived Products With New THC Limits

Ashley Guy runs a smoke shop in Tallahassee. She says she’s thrived since she moved from Seattle to Florida five years ago, with profits of more than $5 million from the sales of cannabis hemp products. But if a new proposal in the Florida Legislature passes, “this would just decimate business” she said on Tuesday.

She added that if the caps on THC—the compound in the plant associated with getting you high—on hemp products were imposed, customers would simply buy multiple packages of “gummies,” or would buy higher-dose products online from other states.

Guy and other hemp entrepreneurs are back in the legislature in 2024, fighting again to ensure they can continue to make a living in the hemp industry. But on Tuesday, lawmakers in a committee decided to impose restrictions on hemp products and substantially regulate the hemp market in Florida.

That was met with strong opposition by members of the industry, but nonetheless, the legislation (SB 1698) passed unanimously in the Senate Agriculture Committee. (Keep in mind that lawmakers in the House and Senate need to agree to be able to pass the legislation.)

The measure is being sponsored by Polk County Republican Colleen Burton.

It would make a number of changes to the hemp industry in the state, which has operated legally since 2019, shortly after the passage of the 2018 U.S. Farm Bill. That bill made hemp production and distribution legal under federal law and allowed states to create such programs. The Farm Bill defined hemp as the cannabis plant with one key difference: hemp cannot contain more than 0.3 percent of THC.

The most lucrative part of the hemp industry has involved the production of biomass that contains cannabidiol (CBD), a non-psychoactive compound believed to treat health conditions like anxiety, stress, anxiety and inflammation.

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Oregon lawmakers now want to recriminalize possession of small amounts of drugs after facing rampant public drug use

Lawmakers in Oregon are moving to recriminalize the possession of small amounts of drugs after it faced rampant public drug use and saw overdose-related deaths more than triple.

‘It’s the compromise path, but also the best policy that we can come up with to make sure that we are continuing to keep communities safe and save lives,’ State Senator Kate Lieber, a Democrat and one of the bill’s authors, said. 

The state became the first in the country to decriminalize the possession of all drugs including heroin and cocaine in 2020.

But residents have since demanded for politicians to take action on the open-air drug markets that surfaced and fueled a homelessness crisis. Oregon has struggled to deal with the crisis as photos and video show tent cities and rampant public drug use. 

Opioid deaths in Oregon more than tripled from 280, before the de-criminalization of drugs was voted in, to 955 in 2022.

The sweeping new bill will recriminalize the possession of small amounts of drugs as a low-level misdemeanor.

The proposal would enable police to confiscate them and crack down on their use on sidewalks and in parks, its authors said.

The measure’s details have yet to be finalized, but ‘personal use’ possession of illegal drugs would become a misdemeanor punishable by up to 30 days in jail or a $1,250 fine. It would not affect Oregon’s legalization of cannabis or psychedelic mushrooms.

That is in stark contrast to how voters felt in 2020 when they passed the pioneering decriminalization law, Measure 110, with 58 percent support.

Democratic legislators who championed the measure as a way to treat addiction as a public health matter, not a crime, are now battling one of the nation’s largest spikes in overdose deaths, intensifying pressure from Republicans and growing calls from a well-funded campaign group to overhaul it.

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Georgia GOP Proposes RICO Expansion for “Loitering” Protesters

WHEN THE STATE of Georgia indictedOpens in a new tab 61 Stop Cop City activists on racketeering charges last year, it mangled the meaning of “racketeering” beyond recognition. In the indictment, prosecutors cited typical social justice activities, such as “mutual aid,” writing “zines,” and “collectivism,” as proof of criminal conspiracy and raising money for protest signs as grounds for money laundering charges.

Just as it seemed that Georgia Republicans couldn’t push the state’s broad Racketeer Influenced and Corrupt Organizations, or RICO, statute any further, GOP state senators introducedOpens in a new tab a bill on Friday that would significantly expand the reach of the Georgia RICO law, with blatantly repressive designs.

Former President Donald Trump and his allies currently face the highest profile RICO charges in Georgia for attempting to interfere in the 2020 presidential election. Trump’s case, however, is a political outlier when it comes to the increasedOpens in a new tab deployment of RICO charges in recent years, as it takes aim at a truly powerful cohort engaged in the very paradigm of conspiracy. While this is the purported intention of RICO laws — first introduced in 1970 to target mob bosses — recent uses of Georgia’s statute have involved casting Atlanta public school teachersOpens in a new tab as organized criminals for altering test scores and claimingOpens in a new tab that the lyrics of Black rap artists can indicate potential violent gang involvement.

The newly introduced Senate Bill 359, or S.B. 359, sponsored by 10 Republican state senators, makes clear that the Georgia GOP intends to continue using RICO as a tool for sweeping criminalization and repressive prosecutions. The proposed law would include low-level misdemeanors, such as “loitering” and placing posters in unpermitted places, as crimes to which RICO charges and hefty enhanced penalties could apply. The bill also includes “political affiliation or belief” as a factor for enhanced penalties in certain circumstances.

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Appeals Court: FBI’s Safe-Deposit Box Seizures Violated Fourth Amendment

The FBI violated the Fourth Amendment when its agents rifled through the contents of more than 700 safe-deposit boxes in the aftermath of a March 2021 raid, a panel of federal appeals court judges ruled unanimously on Tuesday.

In doing so, the judges at the 9th Circuit Court of Appeals confirmed what innocent victims of the raid and their attorneys have been arguing for years: that the FBI overstepped the bounds of its warrant issued in the case and failed to follow proper protocol when federal agents cracked open safe-deposit boxes, ran the contents past drug-sniffing dogs, and tried to seize some of the money and other valuables found in the boxes.

The 9th Circuit’s ruling pivots on a detail of the case that Reason first highlighted more than a year ago: the existence of so-called “supplemental instructions” for the handling of the safe-deposit boxes seized at U.S. Private Vaults in Beverly Hills.

The warrant authorizing the raid expressly forbade federal agents from engaging in a “criminal search or seizure of the contents of the safety [sic] deposit boxes.” Under typical FBI procedure, the boxes should have been taken into custody until they could be returned to their rightful owners. But those “supplemental instructions” drawn up by the special agent in charge of the operation told agents to be on the lookout for cash stored inside the safe-deposit boxes and to note “anything which suggests the cash may be criminal proceeds.”

It is “particularly troubling,” wrote Judge Milan D. Smith Jr. in Tuesday’s ruling, that the government was unable to provide any “limiting principle to how far a hypothetical ‘inventory search’ conducted pursuant to customized instructions can go.”

Elsewhere in the ruling, Smith theorized that if a government agency were “given the discretion to create customized inventory policies” for “each car it impounds and each person detained, the ensuing search stops looking like an ‘inventory’ meant to simply protect property and looks more like a criminal investigation of that particular car or person, i.e, more like a ‘ruse.'”

“If there remained any doubt whether the government conducted a ‘criminal search or seizure,’ that doubt is put to rest by the fact that the government has already used some of the information from inside the boxes to obtain additional warrants to further its investigations and begin new ones,” Smith wrote.

“The Ninth Circuit today held that the FBI violated the Fourth Amendment rights of hundreds of people by breaking into their safe deposit boxes to try to forfeit everything worth taking,” Robert Frommer, an attorney with the Institute for Justice, a libertarian legal nonprofit that represented some of the plaintiffs in the case, tells Reason. He said the case should bring renewed attention to a congressional proposal to reform federal forfeiture laws in order to “stop federal cops from continuing to act like robbers.”

A spokesperson for the FBI declined to comment on the ruling and referred the matter to the U.S. Attorney’s Office, which did not respond to Reason’s request for comment.

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