Attorney General tries to counter Mar-a-Lago search paranoia

We are living at a time when conspiracy theories abound and where over-the-top reactions to the most routine of events have become the norm. A perfect example of this has been the reaction among Trump supporters to the execution by the FBI of a search warrant at Mar-a-Lago, the current home of Donald Trump. While searching of the home of a former president is undoubtedly unprecedented, everything else about the process was perfectly ordinary. In fact, the department of justice seemed to have gone out of its way to do this by the book because of the its unprecedented nature.

The FBI first went all the way to the top and got approval from the Attorney General to ask for the warrant and then went, as required, to a federal judge claiming that they had probable cause for the search. You ca be sure that since a former president was involved, there was a high bar that had to be cleared in order to get the warrant. They then carried out the search with little fuss and with the cooperation of the Secret Service agents guarding the premises and with the president’s representatives apparently also present. There was no raid, no pre-dawn breaking down of the doors by armed agents, and the other kinds of things that ordinary people might be subjected to at the hands of law enforcement. In fact, no one knew about the search until Trump blasted out the news in his usual hyperbolic fashion that he was being persecuted. And as usual in their knee-jerk reaction, his loyal cult members in Congress and the nation at large responded hysterically, comparing this action to Nazi Germany and the Gestapo. They have even gone to the extent of suggesting that the FBI planted evidence at the site, a charge that they will repeat if any damning evidence is revealed. Planting of evidence by law enforcement undoubtedly happens but it seems unlikely in this case.
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Puzzles over the FBI search of Trump’s home

As is almost always the case with Trump, he exaggerates things. On Monday evening, he announced that his Mar-a-Lago home “is currently under siege, raided, and occupied by a large group of FBI agents”. It is not clear if this was, in actual fact, an FBI ‘raid’ in the usual sense. Those usually occur in the pre-dawn hours where armed agents break into a house, the surprise supposedly necessary to prevent the destruction of evidence. According to this report, what happened was far less dramatic.
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Alex Jones text circus goes on

During Alex Jones’s trial, it was revealed that his lawyers had inadvertently sent all the text messages on his cell phone over a two-year period to the lawyers of the people who were suing him. The texts revealed that Jones had lied while under oath during a deposition.

I wondered at that time what other damaging information might be on those texts, given Jones’s reckless nature. It seems that he had also sent nude photos of his wife to Trump advisor Roger Stone. It is not clear if his wife had consented to this act. If she did consent, then the story ends there. If she didn’t, she can take action against Jones depending on local laws since it is a crime in some states to disclose intimate photos of someone without that person’s consent. In 2021, his wife was arrested for domestic violence against him so the relationship seems fraught.

Jones is not happy about this latest development.

And now that his lawyer in these current legal issues appeared to have accidentally released two years’ worth of information from his phone, Alex thinks she is going to use it against him with his kids.

“I know the texts and information on his phone will be evidence of all the nefarious, truly conspiratorial things said between him and his employees in their plans to keep my kids from me,” Alex told Insider, per Yahoo! News. “It’s not even about my kids, it’s about control. Controlling me.”

It is a bit rich for Jones, the baseless conspiracy king, to complain that these texts will be used to create ‘nefarious’ conspiracy theories about him.

The congressional committee investigating the events of January 6, 2021 has requested the Jones text dossier as part of its work so now all this information will be in their hands as well. Jones’s ex-wife is also suing him over custody of the three children they had together and she may seek these texts as well to support her claim that he is unstable and should not have custody.

I suspect that it is only a matter of time before these texts leak to the media. I hope they do not publish the photos of Jones’s wife. They have no value other than to satisfy prurient interests.

Alex Jones assessed 45.2 million in punitive damages

The other shoe dropped in the Alex Jones case as the jury ordered him to pay $45.2 million in punitive damages to the parents of a child who was murdered in the Sandy Hook massacre, bringing the total up to $49.3 million.

It is still less than the value of his reported assets but is more than a slap on the wrist.

Legal wrangling that is standard after these types of cases – including a promised appeal – means the amount Jones ultimately pays may be far below $49.3m. But the ruling nonetheless represents a victory for loved ones of Sandy Hook victims and a major rebuke for one of the country’s most notorious conspiracy theorists.

The jury’s award Thursday was to compensate Heslin and Lewis for Jones’s actions. The one Friday – doled out after about four hours of deliberations – was meant to punish Jones for conduct the jurors, through their unanimous decision, found to be egregious.

Jones’ appeal would aim to drastically reduce the jury’s award against him – if not eliminate it altogether. [His lawyer] Reynal on Friday had argued that $270,000 in punitive damages was fair, relying on a state law capping such damages a significant amount below what the jury awarded.

The baseless Sandy Hook conspiracy is far from the only theory of that kind which Jones has propagated on Infowars, which is often derided in some quarters for selling pills marketed as helping men achieve firmer erections.

He also lied about a Washington DC pizzeria being the home to a child sex-abuse ring, inspiring a man to go there and fire a high-powered rifle inside. Another centered on a myth that a yogurt factory supported child rapists who spread tuberculosis.

Jones was forced to apologize for both of those. He did not appear to be in the courtroom for the reading of Friday’s verdict.

There are as yet two more cases against him, one in Texas and another in Connecticut.

Alex Jones trial award

The jury has ordered Alex Jones to pay $4.1 million to the parents of Jesse Hill as compensatory damages for the pain that he (and his mindless supporters) inflicted on them by his reckless claims that the Sandy Hook massacre in which Jesse died was a hoax and that the grieving parents were crisis actors.

The lawyers had asked for $150 million so this is a lot less but it could have been a much worse. The jury in Texas had to award something since Jones had already had a default judgment against him but they could have levied a nominal fine of just $1 if they had sided with him.

The trial is not over though. This award was just for compensation for the suffering of the parents and is meant to represent the costs of the real injury they suffered. The jury now has to decide on whether to award punitive damages against Jones. Punitive damages are meant as punishment for reckless and egregious behavior, in order to send a message and deter future such actions and hence it is hard to put a figure to it. Since it is meant to inflict pain, it depends on how much they think the person has in assets, since there is little point in a financial penalty that the defendant can easily afford.
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Alex Jones’s lies exposed in court as one trial ends

We know that Alex Jones lies and lies brazenly. In a surprising development, his lies have now been exposed in court during the trial to determine how much damages Alex Jones should pay Neil Heslin and Scarlett Lewis, the parents of Jesse Heslin who was murdered at Sandy Hook, the parents’s lawyer Mark Bankston dramatically revealed a lie that Jones has made. It was exposed because Jones’s lawyers had inadvertently sent copies of all the text messages on Jones’s phone to Bankston.

In a remarkable moment, Bankston disclosed to Jones and the court that he had recently acquired evidence proving Jones had lied when he claimed during the discovery process that he had never texted about the 2012 Sandy Hook shooting.

Bankston said that Jones’ attorney had, in an apparent mishap, sent him two years of cell phone records that included every text message Jones had sent.

The cell phone records, Bankston said, showed that Jones had in fact texted about the Sandy Hook shooting.

“That is how I know you lied to me when you said you didn’t have text messages about Sandy Hook,” Bankston said.

Bankston showed Jones a text message exchange he had about Sandy Hook. But Jones testified that he had “never seen these text messages.”

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A Pyrrhic victory for religious symbolism

While much of the week’s legal news has centered on the leaked draft of a US Supreme Court that revealed that a majority of the court have decided to overturn the Roe v. Wade decision that legalized abortion in the US, there was another ruling on Monday that has much less of a momentous impact, and that was the unanimous opinion that said that the city of Boston could not forbid the flying of a flag at city hall that had a cross on it.

The city of Boston violated the free speech rights of a Christian group by refusing to fly a flag bearing the image of a cross at city hall as part of a program that let private groups use the flagpole while holding events in the plaza below, the US supreme court ruled unanimously on Monday.

The 9-0 decision overturned a lower-court ruling that the rejection of Camp Constitution and its director, Harold Shurtleff, did not violate their rights to freedom of speech under the first amendment to the US constitution.
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New trial for Melissa Lucio

I have been highlighting the potential for a gross miscarriage of justice that was due to occur today in Texas when Melissa Lucio was to be executed for the murder of her two-year old child despite the increasing evidence that she might be innocent and the appalling way that she was interrogated, using many standard coercive methods, that resulted in a confession. The potential for a massive injustice was so great that state Republican lawmakers, even those who support the death penalty, joined in a bipartisan effort to have her case reviewed. Five members of the original jury that convicted her said that if they had been told the full story, they would not have voted to convict.

Yesterday, a state appeals court stayed the execution and sent her case back to a lower court to take into account new evidence.
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We are on the verge of yet another potential tragic miscarriage of justice

On his latest show Last Week Tonight, John Oliver discussed the problem of false confessions and the infamous ‘Reid technique’ that police use in order to extract confessions out of people, even if they are innocent. Police interrogators and prosecutors love confessions because it makes their lives so much easier. It saves them the tedious work of investigating crimes, collecting evidence, and building a case against a suspect. Furthermore, juries seem to think that confessions are powerful, almost watertight, indicators of guilt.

Given the determination of police and prosecutors to quickly close cases, and their seeming lack of interest in obtaining actual justice, one should not be surprised that they put so much effort into obtaining confessions from people even if there are indicators that they might be innocent. Among the many cases, he mentioned that of Melissa Lucio who in 2007 ‘confessed’ to killing her two-year old child and is now scheduled to be executed on Wednesday, despite the very real possibility that she is innocent and that interrogators coerced her to confess.
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The scandal of false confessions

One of the big problems in the US (in)justice system is that often the zeal of police and prosecutors to get convictions overrides any desire to catch the actual guilty party. One of the many ways that innocent people end up in prison is when they ‘confess’ to crimes that they did not commit. Confessions have a powerful effect on juries because they, like many of us, cannot imagine why anyone would possibly admit to something they did not do, especially when it is a serious offense.

But false confessions are unfortunately not uncommon and the 1989 case of the Central Park Five where five Black and Latino youths aged 16 and under were convicted of the brutal rape of a young white woman who had been jogging in the park is one of the most egregious examples. Donald Trump paid for a full page ad in the New York Times calling for them to be executed. He still refuses to apologize, repeating the fact that they had confessed as his justification for continuing to think that at least some of them are guilty.
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