A man who threatened to kill Democratic election officials pleads guilty

Legal Business 2024/10/29 08:55   Bookmark and Share
A Colorado man repeatedly made online threats about killing the top elections officials in his state and Arizona — both Democrats — as well as a judge and law enforcement agents, according to a guilty plea he entered Wednesday.

Teak Ty Brockbank, 45, acknowledged to a federal judge in Denver that his comments were made “out of fear, hate and anger,” as he sat dressed in a khaki jail uniform before pleading guilty to one count of transmitting interstate threats. He faces up to five years in prison when he’s sentenced on Feb. 3.

Brockbank’s case is the 16th conviction secured by the Justice Department’s Election Threats Task Force, which Attorney General Merrick Garland formed in 2021 to combat the rise of threats targeting the election community.
Earlier this year, French actor Judith Godrèche called on France’s film industry to “face the truth” on sexual violence and physical abuse during the Cesar Awards ceremony, France’s version of the Oscars. “We can decide that men accused of rape no longer rule the (French) cinema,” Godrèche said.

“As we approach Election Day, the Justice Department’s warning remains clear: anyone who illegally threatens an election worker, official, or volunteer will face the consequences,” Garland said in a statement.

Brockbank did not elaborate Wednesday on the threats he made, and court documents outlining the plea agreement were not immediately made public. His lawyer Thomas Ward declined to comment after the hearing.

However, the U.S. Attorney’s Office for Colorado said in statement that the plea agreement included the threats Brockbank made against the election officials — identified in evidence as Colorado Secretary of State Jena Griswold and former Arizona Secretary of State Katie Hobbs, now the state’s governor.

Griswold has been outspoken nationally on elections security and has received threats in the past over her insistence that the 2020 election was secure. Her office says she has gotten more frequent and more violent threats since September 2023, when a group of voters filed a lawsuit attempting to remove former President Donald Trump from Colorado’s primary ballot.

“I refuse to be intimidated and will continue to make sure every eligible Republican, Democrat, and Unaffiliated voter can make their voices heard in our elections,” Griswold said in a statement issued after Brockbank’s plea.

Investigators say Brockbank began to express the view that violence against public officials was necessary in late 2021. According to a detention motion, Brockbank told investigators after his arrest that he’s not a “vigilante” and hoped his posts would simply “wake people up.” He has been jailed since his Aug. 23 arrest in Cortez, Colorado.

Brockbank criticized the government’s response to Tina Peters, a former Colorado county clerk convicted this year for allowing a breach of her election system inspired by false claims about election fraud in the 2020 presidential race, according to court documents. He also was upset in December 2023 after a divided Colorado Supreme Court removed Trump from the state’s presidential primary ballot.

In one social media post in August 2022, referring to Griswold and Hobbs, Brockbank said: “Once those people start getting put to death then the rest will melt like snowflakes and turn on each other,” according to copies of the threats included in court documents. In September 2021, Brockbank said Griswold needed to “hang by the neck till she is Dead Dead Dead,” saying he and other “every day people” needed to hold her and others accountable, prosecutors said.

Brockbank also posted in October 2021 that he could use his rifle to “put a bullet” in the head of a state judge who had overseen Brockbank’s probation for his fourth conviction for driving under the influence, under the plea agreement, prosecutors said.

Prosecutors say Brockbank also acknowledged posting in July 2022 that he would shoot without warning any federal agent who showed up at his house. Prosecutors earlier said in court documents that a half dozen firearms were found in his home after his arrest, including a loaded one near his front door, even though he can’t legally possess firearms due to a felony conviction of attempted theft by receiving stolen property in Utah in 2002.

The investigation was launched in August 2022 after Griswold’s office notified federal authorities of posts made on Gab and Rumble, an alternative video-sharing platform that has been criticized for allowing and sometimes promoting far-right extremism, according to court documents.

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VA asks US Supreme Court to reinstate removals of 1,600 voter registrations

Legal Insight 2024/10/26 08:57   Bookmark and Share
Virginia on Monday asked the U.S. Supreme Court to intervene to allow the state to remove roughly 1,600 voters from its rolls that it believes are noncitizens.

The request comes after a federal appeals court on Sunday unanimously upheld a federal judge’s order restoring the registrations of those 1,600 voters, whom the judge said were illegally purged under an executive order by the state’s Republican governor.

Gov. Glenn Youngkin says he ordered the daily removals in an effort to keep noncitizens from voting. But U.S. District Judge Patricia Giles ruled late last week that Youngkin’s program was illegal under federal law because it systematically purged voters during a 90-day “quiet period” ahead of the November election.

The Justice Department and a coalition of private groups sued to block Youngkin’s removal program earlier this month. They argued that the quiet period is in place to ensure that legitimate voters aren’t removed from the rolls by bureaucratic errors or last-minute mistakes that can’t be rectified in a timely manner.'

The ruling Sunday from the three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, sided with the judge who ordered the restoration of voters’ registrations.

The appeals court said Virginia is wrong to assert that it is being forced to restore 1,600 noncitizens to the voter rolls. The judges found that Virginia’s process for removing voters established no proof that those purged were actually noncitizens.

Youngkin’s executive order, issued in August, required daily checks of data from the Department of Motor Vehicles against voter rolls to identify noncitizens.

State officials said any voter identified as a noncitizen was notified and given two weeks to dispute their disqualification before being removed. If they returned a form attesting to their citizenship, their registration would not be canceled.

The plaintiffs said that, as a result of the program, a legitimate voter and citizen could have his or her registration canceled simply by checking the wrong box on a DMV form. The plaintiffs presented evidence showing that at least some of those removed were in fact citizens.

A similar lawsuit was filed in Alabama, and a federal judge there last week ordered the state to restore eligibility for more than 3,200 voters who had been deemed ineligible noncitizens. Testimony from state officials in that case showed that roughly 2,000 of the 3,251 voters who were made inactive were actually legally registered citizens.

The appeal filed to the U.S. Supreme Court on Monday by Virginia’s Republican attorney general, Jason Miyares, asks the high court to intervene by Tuesday. Without any intervention, the injunction issued last week by Giles requires Virginia to notify affect voters and local registrars by Wednesday of the restorations she ordered.
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Kenya’s deputy president pleads not guilty in impeachment process

Headline Legal News 2024/10/22 07:51   Bookmark and Share
Kenya’s deputy president, who faces impeachment, pleaded not guilty in a senate hearing Wednesday to all allegations including corruption, inciting ethnic divisions and support for anti-government protests that saw demonstrators storm the country’s parliament.

Deputy President Rigathi Gachagua, who has called the allegations politically motivated, could be the first sitting deputy president impeached in Kenya.

The case highlights the friction between him and President William Ruto — something that Ruto once vowed to avoid after his past troubled relationship as deputy to Kenya’s previous president, Uhuru Kenyatta.

Gachagua has said he believes the impeachment process has Ruto’s blessing, and has asked legislators to make their decision “without intimidation and coercion.”

The tensions risk introducing more uncertainty for investors and others in East Africa’s commercial hub. Court rulings this week allowed the parliament and senate to proceed with the impeachment debate, despite concerns over irregularities raised by the deputy president’s lawyers.

The impeachment motion was approved in parliament last week and forwarded to the senate. Gachagua’s legal team will have Wednesday and Thursday to cross-examine witnesses, and the senate will vote Thursday evening.

Under the Kenyan Constitution, the removal from office is automatic if approved by both chambers, though Gachagua can challenge the action in court — something he has said he would do.

Kenya’s president has yet to publicly comment on the impeachment process. Early in his presidency, he said he wouldn’t publicly humiliate his deputy.

Ruto, who came to office claiming to represent Kenya’s poorest citizens, has faced widespread criticism for his efforts to raise taxes in an effort to find ways to pay off foreign creditors. But the public opposition led him to shake up his cabinet and back off certain proposals.
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South Korean court acquits former police chief over deadly crowd crush

Legal Insight 2024/10/18 06:20   Bookmark and Share
A South Korean court found the former police chief of the country’s capital and two other officers not guilty over a botched response to a Halloween crowd crush that killed nearly 160 people in 2022.

The verdict by the Seoul Western District Court drew angry responses from grieving relatives and their advocates, who accused the court of refusing to hold high-level officials accountable for an incident that was largely blamed on a lack of disaster planning and an inadequate emergency response.

Kim Kwang-ho, former chief of the Seoul Metropolitan Police Agency, was the most senior police officer among more than 20 police and government officials indicted over the crush in Itaewon, a popular nightlife district in Seoul. Prosecutors had sought a five-year prison term for Kim.

An investigation led by the National Police Agency found that police and local officials failed to plan effective crowd control measures even though they expected more than 100,000 people to gather for Halloween events in Itaewon.

The investigators found that Seoul police assigned just 137 officers to Itaewon on the day of the crush. Police also ignored hotline calls placed by pedestrians who warned of swelling crowds before the surge turned deadly. Once people began getting crushed in an alley near Hamilton Hotel, police failed to establish control over the site and allow paramedics to reach the injured in time.

Some experts have called the crush a “manmade disaster” that could have been prevented with relatively simple steps like employing more police and public workers to monitor bottleneck points, enforcing one-way walking lanes, and blocking narrow pathways.

The Seoul court acquitted Kim of professional negligence, saying that prosecutors failed to prove that he had violated his duties or to establish a connection between his conduct and the high toll of deaths and injuries. The court also acquitted two lower-ranking police officers who faced similar charges.

The court stated that while Kim received status updates from various departments in his agency and the Yongsan police station about the situation in Itaewon before the crush on Oct. 29, 2022, this information would not have been sufficient for him to recognize the possibility of an incident of such magnitude.

The court also noted that Kim had instructed various police stations in Seoul, including Yongsan, to establish plans to maintain safety during Halloween celebrations.

“Based solely on evidence submitted by prosecutors, it’s insufficient to conclude that the defendants’ professional negligence and its relationship to the occurrence or escalation of this incident are fully established beyond reasonable doubt,” the court said in a statement. Relatives of the victims embraced and cried outside the court after the verdict was announced.

“This court just granted immunity to the police for whenever these kinds of incidents happen again!” one of them shouted. Others scuffled with security as they tried to approach Kim’s car as he left the court.

Itaewon Disaster Bereaved Families, a group representing the victims, said the ruling was “dishonest” and “impossible to understand” and called for prosecutors to appeal.

“We strongly condemn that the main officials of the Seoul Metropolitan Police Agency, who ignored their duties for prevention, preparation and response despite anticipating that a large crowd would develop, and who have been denying their responsibility until now, are being given a free pass,” the group said.

The same court last month sentenced the former chief of Yongsan police station, Lee Im-jae, to three years in prison and convicted two of his colleagues of professional negligence resulting in death, citing their failure to properly prepare for the crowd and respond to the crush.

The court acquitted Park Hee-young, head of the Yongsan ward office, and three other ward officials, saying that they had no legal authority to control or break up crowds.

Lee and another Yongsan police official who received a one-year sentence appealed the ruling earlier this month. The other police official had received a suspended sentence.
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Sean ‘Diddy’ Combs to stay in jail while appeals court takes up bail fight

Court News 2024/10/14 06:20   Bookmark and Share
A federal appeals court judge has ruled to keep Sean “Diddy” Combs locked up while he makes a third bid for bail in his sex trafficking case, which is slated to go to trial in May.

In a decision filed Friday, Circuit Judge William J. Nardini denied the hip-hop mogul’s immediate release from jail while a three-judge panel weighs his bail request.

Combs’ lawyers appealed to the 2nd U.S. Circuit Court of Appeals on Sept. 30 after two judges rejected his release.

Combs, 54, has been held at a federal jail in Brooklyn since his Sept. 16 arrest on charges that he used his “power and prestige” as a music star to induce female victims into drugged-up, elaborately produced sexual performances with male sex workers in events dubbed “Freak Offs.”

Combs has pleaded not guilty to racketeering conspiracy and sex trafficking charges alleging he coerced and abused women for years with help from a network of associates and employees while silencing victims through blackmail and violence, including kidnapping, arson and physical beatings.

At a bail hearing three weeks ago, a judge rejected the defense’s $50 million bail proposal that would’ve allowed the “I’ll Be Missing You” singer to be placed under house arrest at his Florida mansion with GPS monitoring and strict limits on visitors.

Judge Andrew L. Carter Jr., who has since recused himself from the case, said that prosecutors had presented “clear and convincing evidence” that Combs is a danger to the community. He said “no condition or set of conditions” could guard against the risk of Combs obstructing the investigation or threatening or harming witnesses.

In their appeal, Combs’ lawyers argued that the judge had “endorsed the government’s exaggerated rhetoric” and ordered Combs detained for “purely speculative reasons.”

“Indeed, hardly a risk of flight, he is a 54-year-old father of seven, a U.S. citizen, an extraordinarily successful artist, businessman, and philanthropist, and one of the most recognizable people on earth,” the lawyers wrote.

Combs’ lawyers have not asked the new trial judge, Arun Subramanian, to consider releasing him on bail. At a hearing Thursday, as Combs sat alongside his lawyers in a beige jail jumpsuit, Subramanian suggested he would at least be open to taking up the issue.

After setting a May 5 trial date, Subramanian briefly questioned Combs’ lawyers about his treatment at the Metropolitan Detention Center, which has been plagued by violence and dysfunction for years.

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Supreme Court grapples with governor’s 400-year veto, calling it ‘crazy’

Legal Insight 2024/10/12 11:45   Bookmark and Share
Justices on the Wisconsin Supreme Court said Wednesday that Gov. Tony Evers’ creative use of his expansive veto power in an attempt to lock in a school funding increase for 400 years appeared to be “extreme” and “crazy” but questioned whether and how it should be reined in.

“It does feel like the sky is the limit, the stratosphere is the limit,” Justice Jill Karofsky said during oral arguments, referring to the governor’s veto powers. “Perhaps today we are at the fork in the road ... I think we’re trying to think should we, today in 2024, start to look at this differently.”

The case, supported by the Republican-controlled Legislature, is the latest flashpoint in a decades-long fight over just how broad Wisconsin’s governor’s partial veto powers should be. The issue has crossed party lines, with Republicans and Democrats pushing for more limitations on the governor’s veto over the years.

In this case, Evers made the veto in question in 2023. His partial veto increased how much revenue K-12 public schools can raise per student by $325 a year until 2425. Evers took language that originally applied the $325 increase for the 2023-24 and 2024-25 school years and instead vetoed the “20” and the hyphen to make the end date 2425, more than four centuries from now.

“The veto here approaches the absurd and exceeds any reasonable understanding of legislative or voter intent in adopting the partial veto or subsequent limits,” attorneys for legal scholar Richard Briffault, of Columbia Law School, said in a filing with the court ahead of arguments.

That argument was cited throughout the oral arguments by justices and Scott Rosenow, attorney for Wisconsin Manufacturers & Commerce Litigation Center, which handles lawsuits for the state’s largest business lobbying group and brought the case.

The court should strike down Evers’ partial veto and declare that the state constitution forbids the governor from striking digits to create a new year or to remove language to create a longer duration than the one approved by the Legislature, Rosenow argued.

Finding otherwise would give governors unlimited power to alter numbers in a budget bill, Rosenow argued.

Justices appeared to agree that limits were needed, but they grappled with where to draw the line.
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