COVID emergency orders are among `greatest intrusions on civil liberties,′ Justice Gorsuch says

The Supreme Court got rid of a pandemic-related immigration case with a single sentence.

Justice Neil Gorsuch had a lot more to say, leveling harsh criticism of how governments, from small towns to the nation’s capital, responded to the gravest public health threat in a century.

The justice, a 55-year-old conservative who was President Donald Trump’s first Supreme Court nominee, called emergency measures taken during the COVID-19 crisis that killed more than 1 million Americans perhaps “the greatest intrusions on civil liberties in the peacetime history of this country.”

He pointed to orders closing schools, restricting church services, mandating vaccines and prohibiting evictions. His broadside was aimed at local, state and federal officials — even his colleagues.

“Executive officials across the country issued emergency decrees on a breathtaking scale,” Gorsuch wrote in an eight-page statement Thursday that accompanied an expected Supreme Court order formally dismissing a case involving the use of the Title 42 policy to prevent asylum seekers from entering the United States.

The policy was ended last week with the expiration of the public health emergency first declared more than three years ago because of the coronavirus pandemic.

From the start of his Supreme Court tenure in 2017, Gorsuch, a Colorado native who loves to ski and bicycle, has been more willing than most justices to part company with his colleagues, both left and right.

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FBI Whistleblower Report: Bank of America Gave Americans’ Banking Info to FBI Around January 6

A House Judiciary Committee report on FBI whistleblowers found that Bank of America provided the FBI a list of anyone who used their services in the D.C. area regardless of if they participated in the events of the January 6 protests.

The House Judiciary Select Subcommittee on the Weaponization of the Federal Government released an interim report on the government’s abuse, misallocation of resources, and retaliation.

Among the Judiciary Committee’s many revelations, FBI whistleblowers Garret O’Boyle, and retired FBI supervisory Intelligence George Hill testified about how Bank of America (BoA) gave the FBI’s Washington Field Office a list of individuals who had made transactions in the D.C., Maryland, and Virginia area with a BoA credit or debit card between January 5 and 7, 2021.

Hill also testified that individuals who had previously purchased a firearm with a BoA product were elevated to the top of the list provided to the FBI Washington Field Office, which was reported by Breitbart News’s Ashley Oliver.

Rep. Thomas Massie (R-KY), a member of the weaponization subcommittee, emphasized during the subcommittee’s Thursday hearing that Hill testified that there was no geolocation fencing regarding the datamining of Americans’ purchasing of firearms.

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Sheriff orders deputies to obey watchdog request to reveal gang tattoos

Less than a week after the county watchdog ordered dozens of deputies to show their gang tattoos and answer questions about violent cliques within the department, Los Angeles County Sheriff Robert Luna on Thursday sent a department-wide email commanding his staff to comply with the inspector general’s request.

“Please be advised that all Department personnel who received such a request are hereby ordered to appear and cooperate in such interviews,” Luna wrote in the firmly worded email. “All statements made by Department personnel shall be full, complete, and truthful statements.”

Any employees who obstruct or delay an investigation, the email went on to say, could be disciplined or fired under current county policies.

Luna’s response represents a major shift from the prior administration, which was often at odds with oversight officials and consistently resisted outside investigations. Before he was voted out of office last year, former Sheriff Alex Villanueva defied subpoenas from the Civilian Oversight Commission, blocked independent oversight of department databases and made Inspector General Max Huntsman the target of a criminal investigation.

Huntsman — who signed the 35 letters sent Friday to deputies suspected of sporting Banditos or Executioners gang tattoos — lauded the change of direction that Luna’s email represents.

“We appreciate the support of the sheriff and look forward to continuing with our investigation,” Huntsman told The Times.

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The Internet Dodges Censorship by the Supreme Court

The Supreme Court today refused to weaken one of the key laws supporting free expression online, and recognized that digital platforms are not usually liable for their users’ illegal acts, ensuring that everyone can continue to use those services to speak and organize.

The decisions in Gonzalez v. Google and Twitter v. Taamneh are great news for a free and vibrant internet, which inevitably depends on services that host our speech. The court in Gonzalez declined to address the scope of 47 U.S.C. § 230 (“Section 230”), which generally protects users and online services from lawsuits based on content created by others. Section 230 is an essential part of the legal architecture that enables everyone to connect, share ideas, and advocate for change without needing immense resources or technical expertise. By avoiding addressing Section 230, the Supreme Court avoided weakening it.

In Taamneh, the Supreme Court rejected a legal theory that would have made online services liable under the federal Justice Against Sponsors of Terrorism Act on the theory that members of terrorist organizations or their supporters simply used these services like we all do: to create and share content. The decision is another win for users’ online speech, as it avoids an outcome where providers censor far more content than they do already, or even prohibit certain topics or users entirely when they could later be held liable for aiding or abetting their user’s wrongful acts.

Given the potential for both decisions to have disastrous consequences for users’ free expression, EFF is pleased that the Supreme Court left existing legal protections for online speech legal in place.

But we cannot rest easy. There are pressing threats to users’ online speech as Congress considers legislation to weaken Section 230 and otherwise expand intermediary liability. Users must continue to advocate for their ability to have a free and open internet that everyone can use.

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Taxpayers Shell Out $400K After School Cops Beat the Hell Out of a Child Then Framed Him

Another chilling incident showcasing the deeply entrenched culture of abuse and deceit within the American law enforcement mixture with public education has come to light. Riverside County taxpayers were forced to make amends in the amount of $400,000 to Daniel Silvas, the father of a 13-year-old boy who was allegedly assaulted and falsely accused of resisting arrest by sheriff’s deputies in 2018.

The boy, a freshman at San Jacinto High School at the time of the incident, faced a harrowing ordeal on only his second day at school. It began when he was singled out by security officer Jesus Peraza under the pretense of a suspicion of impending trouble, a suspicion that attorney Jerry Steering, representing the boy, ties back to fights at the school the previous day.

The boy, aware of his innocence, chose to protest and walk away from the confrontation, a decision that triggered a chain of events culminating in an alleged assault and subsequent framing. The school’s resource deputy Derrick Bunn and the security officer followed him in what the lawsuit describes as an “intimidating” manner. The situation escalated when the boy asked the two to stop tailing him, leading to Deputy Bunn reportedly shoving the boy to the ground.

What followed was a spectacle of police brutality, with Bunn repeatedly screaming expletives at the minor while beating him. Not wanting to miss out on the sadistic beating of a child, Deputy Timothy Dunlap joined the fray. Despite video evidence that contradicted their claims, the deputies and Peraza maintained that the boy had taken a fighting stance and cursed at them.

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Disturbing Testimony Reveals FBI Collected License Plate Numbers of Parents Attending School Board Meetings

During Thursday’s hearing by the House Judiciary Select Committee on the weaponization of the federal government, FBI whistleblower Stephen Friend testified that he was ordered to write down the license plate numbers of parents who attended school board meetings.

Friend — a 12-year veteran of the bureau — was suspended after he refused to take part in a SWAT-style raid on a January 6 suspect who was facing misdemeanor charges last summer. “I have an oath to uphold the Constitution,” Mr. Friend, a 12-year veteran of the bureau, told his supervisors when he declined to participate in the raid on August 24, 2022. “I have a moral objection and want to be considered a conscientious objector.”

On Thursday, U.S. Rep. Matt Gaetz (R-FL) questioned the FBI whistleblowers on the bureau’s “terrorism symbol guide.”

The agents told Gaetz that voicing support for the second amendment, the Betsy Ross flag and writing “2A” were all among the FBI’s designated domestic terrorism symbols. Gaetz then turned his attention to Friend and asked about school board meetings.

Friend told the panel that the FBI directed him to record license plate numbers from vehicles belonging to parents opposed to leftist agendas at school board meetings. The suspended agent was one of those parents himself, having attended a number of local school board meetings to voice curriculum concerns.

“After I attended privately my colleagues teased me that [the FBI] were probably going to start investigating me,” Friend said.

In addition, Friend revealed that he was pulled from cases involving child predators in order to investigate parents at school board meetings.

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Pot Legalization Is a ‘Big Mistake’ Only If You Ignore the Value of Freedom and the Injustice of Prohibition

New York Times columnist Ross Douthat thinks “legalizing marijuana is a big mistake.” His argument, which draws heavily on a longer Substack essay by the Manhattan Institute’s Charles Fain Lehman, is unabashedly consequentialist, purporting to weigh the collective benefits of repealing prohibition against the costs. It therefore will not persuade anyone who believes, as a matter of principle, that people should be free to decide for themselves what goes into their bodies.

Douthat recognizes that his case against legalization “will not convince readers who come in with stringently libertarian presuppositions.” Lehman, a self-described “teenage libertarian” who has thought better of that position now that he is in his 20s, likewise makes no attempt to argue that the government is morally justified in arresting and punishing people for peaceful conduct that violates no one’s rights. They nevertheless make some valid points about the challenges of legalization while demonstrating the pitfalls of a utilitarian analysis that ignores the value of individual freedom and the injustice of restricting it to protect people from themselves.

Douthat and Lehman are right that legalization advocates, who at this point include roughly two-thirds of American adults, sometimes exaggerate its impact on criminal justice. All drug offenders combined “account for just 16.7 percent” of people in state and federal prisons, Lehman notes, and perhaps one-tenth of those drug war prisoners (based on an estimate by Fordham law professor John Pfaff) were convicted of marijuana offenses. People arrested for violating pot prohibition usually are not charged with production or distribution and typically do not spend much, if any, time behind bars.

Still, those arrests are not without consequences. In addition to the indignity, embarrassment, inconvenience, legal costs, and penalties they impose, the long-term consequences of a misdemeanor record include barriers to employment, housing, and education. Those burdens are bigger and more extensive than Douthat and Lehman are willing to acknowledge.

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Facial Recognition Shows Up in Public Housing, Small Cities

The race to make biometric surveillance commonplace is only getting faster, with systems going up in public housing and municipalities far from city crime.

With the growth comes a mission that residents worldwide have often been told is off the table, that of the all-seeing, always analyzing sentinel that never stops recording what happens in the community.

The issue is again in the news, this time following a lengthy article in The Washington Post reporting on facial recognition systems being used in United States public housing.

Also, Context, a Thomson Reuters Foundation analytical publication, has shown how surveillance vendors are selling smaller cities on big-city facial recognition systems – and how residents are being cajoled into linking their own cameras to police networks.

Post reporters said they found six public housing centers whose boards have purchased surveillance cameras and computer servers. Some of those on the list also use biometric surveillance algorithms.

They were the Cincinnati Metropolitan Housing, Omaha Housing, Scott County (Virginia) Redevelopment & Housing, Jefferson County (Ohio) Housing and Grand Rapids (Michigan) Housing agencies.

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Kyiv Residents Who Posted Footage of Russian Air Attack on Social Media Threatened With Jail

Six Kyiv residents who posted shocking night-time footage of missiles flying through the air which quickly went viral could face up to eight years in prison if charged with breaking wartime censorship rules.

While in an age of social media saturation, it may seem natural to record and post something extraordinary happening outside your bedroom window, that is presently illegal in Ukraine, as six locals — including a locally famous Instagram model — are finding out.

Ukraine’s domestic intelligence agency, The Security Service of Ukraine (SBU) said the Kyiv City Prosecutor’s Office have launched “comprehensive measures” to “establish all the circumstances of the crime and bring the guilty to justice” after footage showing the night-time sky of Kyiv during Tuesday’s “exceptional ” air raid was published online. Russian ‘hypersonic’ missiles and suicide drones were among the 18 incoming shot down in the raid, according to the Ukrainian government.

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New York to Track Residents’ Food Purchases and Place “Caps on Meat” Served by Public Institutions

New York City will begin tracking the carbon footprint of household food consumption and putting caps on how much red meat can be served in public institutions as part of a sweeping initiative to achieve a 33% reduction in carbon emissions from food by 2030.

Mayor Eric Adams and representatives from the Mayor’s Office of Food Policy and Mayor’s Office of Climate & Environmental Justice announced the new programs last month at a Brooklyn culinary center run by NYC Health + Hospitals, the city’s public healthcare system, just before Earth Day.

At the event, the Mayor’s Office -f Climate & Environmental Justice shared a new chart to be included in the city’s annual greenhouse gas inventory that publicly tracks the carbon footprint created by household food consumption, the Gothamist reported.

The city already produced emissions data from energy use, transportation and waste as part of the annual inventory. But the addition of household food consumption data is part of a partnership that London and New York launched with American Express, C40 Cities and EcoData lab, Commissioner Rohit Aggarwala from the NYC Department of Environmental Protection announced at the event.

Aggarwala — who founded Google smart city subsidiary Sidewalk Labs — celebrated the expanded data collection as forging “a new standard for what cities have to do” and a new way to shape policy.

He said the inventory also will measure greenhouse gas pollution from the production and consumption of other consumer goods like apparel, whether or not those items are made in New York City. It also tracks emissions tied to services like air travel and healthcare.

But Adams’ presentation at the event focused on food consumption, particularly meat and dairy.

“Food is the third-biggest source of cities’ emissions right after buildings and transportation,” Adams said. “But all food is not created equal. The vast majority of food that is contributing to our emission crises lies in meat and dairy products.”

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