Thursday, June 29, 2023

Environmentalists demand ban on cyanide bombs on federal land

WASHINGTON (CN) — Over 70 environmental groups on Thursday called on federal land agencies to immediately ban the use of so-called cyanide bombs, arguing the current timeline is too slow to protect wildlife and people.

The M-44 devices, small metal stakes placed in the ground that launch spring-activated toxic sodium cyanide powder, are used on thousands of acres of land operated by the Bureau of Land Management to kill predators such as coyotes, wolves, foxes and wild dogs.

The Center for Biological Diversity’s petition comes on the heels of two congressional bills that would ban the use of the devices on public lands that were introduced this month by Democrats from Oregon, Tennessee and California. A nearly identical bill — known as Canyon’s Law — was introduced in July 2021 but saw little progress outside of a committee hearing in the summer of 2022. 

The legislation was named for Canyon Mansfield, a young boy from Idaho who was injured by the device while walking his dog in 2017. 

Mansfield, who was 14 years old at the time, set the device off thinking it was a sprinkler, which launched a cloud of sodium cyanide into his left eye and killed Kasey, his golden retriever. 

The chemical, when ingested, can cause cardiac arrest and respiratory failure in humans, while animals may suffer internal bleeding and seizures before death.

Activists such as Collette Adkins, the carnivore conservation director for the Center for Biological Diversity, worry that the longer it takes for the agency to act, the more likely another incident will occur. 

“It shouldn’t take another tragedy for the Interior Department to finally ban these dangerous devices,” Adkins said in a statement Thursday. “It’s outrageous that these poison-spewing devices are still scattered across our federal public lands. They place endangered animals, wildlife, hikers and dogs at risk of injury or death.”

The Bureau of Land Management declined to comment on the petition. 

According to 2022 data from the U.S. Fish and Wildlife Service, the cyanide bombs killed 5,514 coyotes, 364 gray foxes, 48 red foxes and four feral dogs. There were also approximately 150 animals killed by the devices unintentionally. 

Since 1978, there have been eight recorded instances of endangered wildlife being killed by cyanide bombs, including grizzly bears, endangered wolves and California condors. That count does not include other federally protected animals, such as gray wolves and bald eagles, that have been killed by the devices. 

The devices have also injured and even killed humans, with 42 people being harmed between 1984 and 2015 according to government data. While most incidents only end in injury, one Utah man who was exposed to a cyanide bomb in 2003 suffered such lasting impacts that the device was listed as a contributing factor on his 2018 death certificate.

The Interior Department has recently expressed concern over the devices, indicating in a statement before a House Committee on Natural Resource hearing in 2022 that it “is concerned that these devices pose a risk of injury or death to unintended targets, including humans, pet and threatened and endangered species.” 

The agency did not outright support the bill, deferring to the U.S. Department of Agriculture, but promised to implement a ban if one is enacted. 

Absent any federal action, states have taken it upon themselves to curb the use of devices. Oregon outright banned their use in 2020, while court-ordered restrictions have taken effect in Colorado, Wyoming and Idaho. 

Pesticide regulators in Arizona enacted rules that limited the devices’ use. 

The devices remain available in states like Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, West Virginia and Texas. According to Wildlife Services data, Texas has the highest usage, with nearly 50% of M-44s in 2017. 

Manfield, after narrowly surviving the incident, went on to become a wrestler in high school and is now a sophomore at Arizona State University.



from Courthouse News

Wednesday, June 28, 2023

US commits more lawyers to address Native American disappearances and killings

ALBUQUERQUE, N.M. (AP) — The U.S. Department of Justice on Wednesday announced it will be funneling more resources toward addressing the alarming rate of disappearances and killings among Native Americans.

As part of a new outreach program, the agency will dispatch five attorneys and five coordinators to several regions around the country to help with investigations of unsolved cases and related crimes.

Their reach will span from New Mexico and Arizona to Alaska, Washington, Oregon, Oklahoma, South Dakota, Michigan and Minnesota.

Courthouse News’ podcast Sidebar tackles the stories you need to know from the legal world. Join our hosts as they take you in and out of courtrooms in the U.S. and beyond.

Attorney General Merrick Garland acknowledged that the crisis has shattered the lives of victims, their families and entire tribal communities.

“The Justice Department will continue to accelerate our efforts, in partnership with tribes, to keep their communities safe and pursue justice for American Indian and Alaska Native families,” Garland said in a statement issued Wednesday.

The announcement came as a special commission gathered in Albuquerque for one of its final field hearings as it works to develop recommendations on improving the response from law enforcement and coordination within local, state, tribal and federal justice systems.

The commission started its meeting with a prayer and a moment of silence as four colorful skirts were displayed at the front of the room in honor of those who have gone missing or have been trafficked or killed.

Some commission members read the names of victims to be remembered, including Ashlynne Mike, an 11-year-old Navajo girl who was abducted, sexually assaulted and murdered in northwestern New Mexico in 2016.

With seemingly insurmountable jurisdictional challenges, members of the federal commission have a difficult task ahead. Over the next three days, they will be listening to more heartbreaking stories from Native American families who have had loved ones vanish or turn up dead.

The goals of the 37-member commission include tracking and reporting data on missing-person, homicide and human trafficking cases and increasing information sharing with tribal governments on violent crimes investigations and other prosecutions on Indian lands.

Aside from making recommendations to the Interior and Justice departments, the commission also is tasked with boosting resources for survivors and victims’ families, such as providing access to social workers and counselors.

Elizabeth Hidalgo Reese, a member of Nambé Pueblo and senior policy advisor for Native American affairs at the White House, acknowledged the emotional toll that comes from victims and families sharing their stories.

“We need to understand this problem from every angle, we need to explore every possible solution,” she said at the start of Wednesday’s hearing. “So we do need to hear from all of you.”

__

By SUSAN MONTOYA BRYAN Associated Press



from Courthouse News

Thursday, June 22, 2023

Top 8 today

National

Tribe seeking Colorado River water rights spurned by high court

The Supreme Court absolved the federal government on Thursday of its responsibility to provide the Navajo Nation with water rights to the Colorado River. 

A bridge to red rocks.
(William Dotinga/Courthouse News)

Santos bond backers revealed to be his father, aunt

Unsealing the names of the people who are backing bond for George Santos, a federal judge on Thursday revealed them to be the father and aunt of the indicted Republican representative.

Rep. George Santos speaks to a group of reporters, behind him a sign is held up that reads "Devolder Defrauds Devoters"
(Nina Pullano/Courthouse News)

Click here to listen to the latest episode of Courthouse News’ podcast Sidebar, tackling the stories you need to know from the legal world.

Sanctions ordered for lawyers who relied on ChatGPT artificial intelligence to prepare court brief

Finding evidence of subjective bad faith, a federal judge ordered two attorneys Thursday to pay $5,000 fines after they submitted legal briefs using bogus case citations invented by the AI chatbot ChatGPT.

Steven Schwartz
(Josh Russell/Courthouse News)

Regional

LA Times likely to prevail in libel case filed by celebrity attorney

A superior court judge said at a hearing Thursday she would likely throw out a libel lawsuit filed by celebrity attorney Mark Geragos against the Los Angeles Times.

A combination photo of the old Los Angeles Times building and attorney Mark Geragos.
(AP Photo/Bebeto Matthews)

Oklahoma professor gets over 2 years in prison for misusing federal research grants

A Chinese American chemistry professor at the University of Oklahoma was sentenced Thursday morning to 27 months in federal prison for putting millions of dollars in federal research grants towards personal credit card debt, a car and travel around the world.

The exterior of the William J. Holloway, Jr. United States Courthouse in Oklahoma City.
(David Lee/Courthouse News)

International

Top EU court says data access rules apply to employers, too

Even at work, everyone is entitled to know why and when their personal data was accessed under the EU’s data protection rules, the bloc’s highest court said Thursday.

EU Court in Luxembourg
(AP Photo/Geert Vanden Wijngaert)

France outlaws grassroots climate activists, declares them ‘eco-terrorists’

In a move decried by civil liberties groups, French President Emmanuel Macron has declared war on a nationwide grassroots climate movement that uses aggressive – and sometimes violent – tactics to stop progress on big infrastructure projects its supporters deem bad for the planet.

Climate activists demonstrate outside the European Parliament in France.
(AP Photo/Jean-Francois Badias)

Norway allocates millions to counter decline in kids’ reading ability

Norwegian school libraries are getting a $2.3 million investment to counter the trend of declining reading skills, recorded as the steepest slump of all the Scandinavian countries.

(Kelsey Jukam/Courthouse News)


from Courthouse News

Oklahoma professor gets over 2 years in prison for misusing federal research grants

OKLAHOMA CITY (CN) — A Chinese American chemistry professor at the University of Oklahoma was sentenced Thursday morning to 27 months in federal prison for putting millions of dollars in federal research grants towards personal credit card debt, a car and travel around the world.

U.S. District Judge Scott Palk, an appointee of Donald Trump, sentenced Shaorong Liu, 60, of Norman, after a day-long sentencing hearing on Wednesday. Liu was also ordered to pay $2.1 million in restitution and a $10,000 fine.

Liu was dressed in a black suit and red-striped tie, occasionally whispering with his team of four defense attorneys. Approximately 12 relatives and supporters of Liu sat in the gallery. 

He faced a maximum of five years in federal prison and fines of up to $250,000. He was indicted in 2020 with his wife, Juan Lu, 59, of Norman, on a charge of conspiracy to commit wire fraud that carried a maximum penalty of up to 20 years in federal prison. They each pleaded guilty in 2021 to a lesser charge of making materially false statements to the U.S. Department of Energy.

The couple were charged under the Trump-era China Initiative that investigated scientific researchers and academics with alleged affiliations to China or the Chinese Communist Party. Launched by then-U.S. Attorney General Jeff Sessions in 2018, the program was intended to stop the theft of American technology and intellectual property by the Chinese government. Liu and Lu are not explicitly accused of stealing technology for China.

Prosecutors said the couple formed a company called MicroChem Solutions that received $2.1 million in grants between 2011 and 2016 from the Energy Department’s Small Business Technology Transfer program.

“For example, a vehicle was purchased from a Toyota dealership for $37,448 and more than $213,000 in credit card bills were paid,” the 15-page criminal complaint stated. “DOE funds were used to pay for travel that was not approved by DOE to multiple international destinations, such as Australia, China, Canada, the Netherlands, Spain, Japan, Turkey and Malaysia.”

Prosecutors claim the personal charges include trips to the doctor, department stores, gun ranges, dog kennels, opera houses and stadiums, as well as spending on iTunes and Chinese television programming. They claim Liu submitted false expense breakdowns of incurred expenses by category.

“For example, in December 2016 and 2017 respectively, Liu submitted a certification to DOE that $674,878 and later $714,878 of DOE funds had been expended to pay for an OU subcontract,” the criminal complaint stated. “MCS subcontract invoices obtained from OU on June 15, 2018, totaled $354,587.22 for the DOE subcontract.”

Assistant U.S. Attorney William Farrior told the judge Liu failed to disclose to Energy Department auditors an earlier position he held with a university in China. Farrior also questioned whether Liu was accepting sufficient responsibility with his guilty plea, citing a GoFundme campaign launched by third parties to help with paying for his defense amid claims of targeting.

“[They] claim he is being discriminated against based on his race … that he is being ‘treated like a criminal,’” Farrior said.

Defense attorney Mayling Blanco, with Norton Rose in New York, rebutted that Liu cannot be held responsible for statements made by third parties regarding his case. She disputed prosecution arguments that consulting relationships are the same as employment relationships regarding sentencing, stating the two are not viewed the same amongst academics such as her client and that Liu referred to each designation differently in trying to be cooperative and honest to federal agents interviewing him.

Defense attorneys entered a formidable 49 objections to the case’s presentence report before Liu was sentenced. The report is prepared by federal probation officers and contains information about the crime and the defendant’s personal background and criminal history to help the judge reach a fair sentence.

The University of Oklahoma declined to comment Wednesday on Liu’s sentencing or his current employment status, citing a policy of not commenting on pending litigation. A tenured professor, Liu is still listed as faculty on the Department of Chemistry and Biochemistry’s website. His wife was listed as an affiliate research scientist at the department at the time of her indictment, but her current employment status is unknown.

The civil rights group Asian Americans Advancing Justice published a letter shortly after Liu and Lu’s indictment purportedly written by their daughter, Di Liu, that describes the family’s hardship since the indictment, including the sale of their suburban home and belongings to pay legal bills.

“My father’s university immediately put him on leave, banning his students from contacting him, returning all his grants, and revoking his access to buildings on campus, without even allowing him to collect his things first,” the letter stated. “My parents aren’t allowed to talk about their case with anyone, including me.”

The letter criticizes the prosecution of Liu and Lu under the China Initiative as a “policy born out of xenophobia masquerading as security” that harms U.S. interests. The Biden administration ended the program in 2022, stating it would continue to investigate and prosecute technology theft by China, but does not want to feed into misconceptions that unfairly label Chinese Americans as disloyal to the United States.

“My parents have lived here in the U.S. for most of their lives,” the letter stated. “They are proud American citizens. They are not spies. They are academics who have committed their lives to improving life for everyone.”

The China Initiative has produced mixed results for the Justice Department so far. Yi-Chi Shih, 68, of Hollywood Hills, California, was sentenced in 2021 to 63 months in federal prison for taking semiconductor chips with military applications to China without proper authorization and for misleading authorities about the nature and size of his assets in China. Shih was an adjunct professor of electrical engineering at the University of California, Los Angeles.

Federal prosecutors dropped charges in 2022 against Gang Chen, 59, of Cambridge, Massachusetts. A mechanical engineering professor at the Massachusetts Institute of Technology, Chen was accused of lying about working for the Chinese government while receiving U.S. grants for nanotechnology research.

Naturalized American citizen Shannon You, 60, of Lansing, Michigan, was sentenced in 2022 to 14 years in federal prison on charges of economic espionage, possession of stolen trade secrets, conspiracy and wire fraud. Prosecutors claim the former Coca-Cola Company employee offered to bring back to her native China technology for a BPA-free aluminum soda can liner that cost nearly $120 million to develop in exchange for grants from China. You’s attorneys filed an appeal with the Sixth Circuit in Cincinnati last week, claiming anti-Asian testimony from several expert witnesses at her trial during the height of the Covid-19 pandemic should result in a mistrial.



from Courthouse News

Monday, June 19, 2023

More than 1 million dropped from Medicaid as states start post-pandemic purge of rolls

(AP) — More than 1 million people have been dropped from Medicaid in the past couple months as some states moved swiftly to halt health care coverage following the end of the coronavirus pandemic.

Most got dropped for not filling out paperwork.

Though the eligibility review is required by the federal government, President’s Joe Biden’s administration isn’t too pleased at how efficiently some other states are accomplishing the task.

“Pushing through things and rushing it will lead to eligible people — kids and families — losing coverage for some period of time,” Daniel Tsai, a top federal Medicaid official recently told reporters.

Already, about 1.5 million people have been removed from Medicaid in more than two dozen states that started the process in April or May, according to publicly available reports and data obtained by The Associated Press.

Florida has dropped several hundred thousand people, by far the most among states. The drop rate also has been particularly high in other states. For people whose cases were decided in May, around half or more got dropped in Arkansas, Idaho, Kansas, Nevada, New Hampshire, Oklahoma, South Dakota, Utah and West Virginia.

By its own count, Arkansas has dropped more than 140,000 people from Medicaid.

The eligibility redeterminations have created headaches for Jennifer Mojica, 28, who was told in April that she no longer qualified for Medicaid because Arkansas had incorrectly determined her income was above the limit.

She got that resolved, but was then told her 5-year-old son was being dropped from Medicaid because she had requested his cancellation — something that never happened, she said. Her son’s coverage has been restored, but now Mojica says she’s been told her husband no longer qualifies. The uncertainty has been frustrating, she said.

“It was like fixing one thing and then another problem came up, and they fixed it and then something else came up,” Mojica said.

Arkansas officials said they have tried to renew coverage automatically for as many people as possible and placed a special emphasis on reaching families with children. But a 2021 state law requires the post-pandemic eligibility redeterminations to be completed in six months, and the state will continue “to swiftly disenroll individuals who are no longer eligible,” the Department of Human Services said in statement.

Arkansas Gov. Sarah Huckabee Sanders has dismissed criticism of the state’s process.

“Those who do not qualify for Medicaid are taking resources from those who need them,” Sanders said on Twitter last month. “But the pandemic is over — and we are leading the way back to normalcy.”

More than 93 million people nationwide were enrolled in Medicaid as of the most recent available data in February — up nearly one-third from the pre-pandemic total in January 2020. The rolls swelled because federal law prohibited states from removing people from Medicaid during the health emergency in exchange for providing states with increased funding.

Now that eligibility reviews have resumed, states have begun plowing through a backlog of cases to determine whether people’s income or life circumstances have changed. States have a year to complete the process. But tracking down responses from everyone has proved difficult, because some people have moved, changed contact information or disregarded mailings about the renewal process.

Before dropping people from Medicaid, the Florida Department of Children and Families said it makes between five and 13 contact attempts, including texts, emails and phone calls. Yet the department said 152,600 people have been non-responsive.

Their coverage could be restored retroactively, if people submit information showing their eligibility up to 90 days after their deadline.

Unlike some states, Idaho continued to evaluate people’s Medicaid eligibility during the pandemic even though it didn’t remove anyone. When the enrollment freeze ended in April, Idaho started processing those cases — dropping nearly 67,000 of the 92,000 people whose cases have been decided so far.

“I think there’s still a lot of confusion among families on what’s happening,” said Hillarie Hagen, a health policy associate at the nonprofit Idaho Voices for Children.

She added, “We’re likely to see people showing up at a doctor’s office in the coming months not knowing they’ve lost Medicaid.”

Advocates fear that many households losing coverage may include children who are actually still eligible, because Medicaid covers children at higher income levels than their parents or guardians. A report last year by the U.S. Department of Health and Human Services forecast that children would be disproportionately impacted, with more than half of those disenrolled still actually eligible.

That’s difficult to confirm, however, because the federal Centers for Medicare & Medicaid Services doesn’t require states to report a demographic breakdown of those dropped. In fact, CMS has yet to release any state-by-state data. The AP obtained data directly from states and from other groups that have been collecting it.

Medicaid recipients in numerous states have described the eligibility redetermination process as frustrating.

Julie Talamo, of Port Richey, Florida, said she called state officials every day for weeks, spending hours on hold, when she was trying to ensure her 19-year-old special-needs son, Thomas, was going to stay on Medicaid.

She knew her own coverage would end but was shocked to hear Thomas’ coverage would be whittled down to a different program that could force her family to pay $2,000 per month. Eventually, an activist put Talamo in contact with a senior state healthcare official who confirmed her son would stay on Medicaid.

“This system was designed to fail people,” Talamo said of the haphazard process.

Some states haven’t been able to complete all the eligibility determinations that are due each month. Pennsylvania reported more than 100,000 incomplete cases in both April and May. Tens of thousands of cases also remained incomplete in April or May in Arizona, Arkansas, Indiana, Iowa, New Mexico and Ohio.

“If states are already behind in processing renewals, that’s going to snowball over time,” said Tricia Brooks, a research professor at the Georgetown University Center for Children and Families. “Once they get piles of stuff that haven’t been processed, I don’t see how they catch up easily.”

Among those still hanging in the balance is Gary Rush, 67, who said he was notified in April that he would lose Medicaid coverage. The Pittsburgh resident said he was told that his retirement accounts make him ineligible, even though he said he doesn’t draw from them. Rush appealed with the help of an advocacy group and, at a hearing this past week, was told he has until July to get rid of about $60,000 in savings.

Still, Rush said he doesn’t know what he will do if he loses coverage for his diabetes medication, which costs about $700 a month. Rush said he gets $1,100 a month from Social Security.

In Indiana, Samantha Richards, 35, said she has been on Medicaid her whole life and currently works two part-time jobs as a custodian. Richards recalled receiving a letter earlier this year indicating that the pandemic-era Medicaid protection was ending. She said a local advocacy group helped her navigate the renewal process. But she remains uneasy.

“Medicaid can be a little unpredictable,” Richards said. “There is still that concern that just out of nowhere, I will either get a letter saying that we have to reapply because we missed some paperwork, or I missed a deadline, or I’m going to show up at the doctor’s office or the pharmacy and they’re going to say, ‘Your insurance didn’t go through.’”

___

By DAVID A. LIEB, reporting from Jefferson City, Missouri, and ANDREW DeMILLO, from Little Rock, Arkansas, Associated Press.
Also contributing were AP reporters Anthony Izaguirre in Tallahassee, Florida; Marc Levy in Harrisburg, Pennsylvania; and Arleigh Rodgers in Bloomington, Indiana. Rodgers is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.



from Courthouse News

Sunday, June 18, 2023

Heat wave triggers big storms power outages in US Southeast raises wildfire concerns in Southwest

(AP) — Forecasters warned people celebrating Father’s Day outdoors to take precautions as triple-digit temperatures prompted heat advisories across much of the southern U.S., triggered thunderstorms that knocked out power from Oklahoma to Mississippi and whipped up winds that raised wildfire threats in Arizona and New Mexico.

A suspected tornado struck near Scranton, Arkansas early Sunday, destroying chicken houses and toppling trees onto homes, the National Weather Service said. There were no immediate reports of serious injuries.

Meteorologists said that potentially record-breaking temperatures would continue into midweek over southern Texas and much of the Gulf Coast. Storms producing damaging winds, hail and possibly tornadoes could strike the lower Mississippi Valley.

“If you have outdoor plans this #FathersDay, don’t forget to practice heat safety! Take frequent breaks, stay hydrated, NEVER leave people/pets alone in a car!” the weather service office in Houston said on Twitter.

Louisiana Gov. John Bel Edwards declared a state of emergency for north and central parts of his state after strong winds and severe weather caused widespread power outages on Saturday. On Sunday, more than 740,000 people were without power in Oklahoma, Texas, Louisiana, Arkansas, and Mississippi, according to PowerOutage.us.

About 30 people spent Saturday night at a cooling center in Shreveport, Louisiana. Residents were thankful to have a place to get out of the sweltering heat, said Madison Poche, director of nonprofit Highland Center, which opened its doors to anyone who needed somewhere to cool off.

“We definitely had a few people tear up because folks have been stuck inside some pretty hot spaces and really just need a space to be physically comfortable for a while,” Poche said. She added that damage from the storm appears widespread in Shreveport.

In Florida, the weather service issued another heat advisory Sunday, this time mainly for the Florida Keys. Forecasters said heat index readings – the combination of high temperatures and oppressive humidity – could reach between 108 degrees Fahrenheit (42 Celsius) and 112 degrees (45 C) in places such as Key Largo, Marathon and Key West.

“These conditions will cause increased risk of heat illness for people outdoors or in non-air conditioned spaces,” the weather service said in a bulletin.

In the Southwest, where fire crews are battling multiple wildfires in Arizona and New Mexico, forecasters said triple-digit temperatures and gusty winds would lead to critical fire weather over the next couple of days. Sunday promised to be the hottest day of the year in Arizona, with highs up to 110 degrees (43.5 C) in Phoenix.

Winds were forecast to gust from 30 mph to 40 mph (48-64 kph) on Sunday east of Flagstaff, Arizona along the Interstate 40 corridor and up to 50 mph (80 kph) on Monday, creating potentially critical fire weather across much of northeast New Mexico.

A large brush fire that broke out Friday afternoon south of Tucson, Arizona shut down a state highway on Saturday. Arizona 83 reopened on Sunday and no homes were in immediate danger, authorities said.

The prolonged closure took a toll on local businesses during what’s usually a busy Father’s Day weekend in an area with recreational lakes and reservoirs.

Dena Proez said the only business at her Corner Scoop ice cream shop along the highway in Sonoita was serving a few travelers who stopped to get updates on the fire “and feeding all the firefighters.”

Much of Nevada was under a high-wind advisory with gusts up to 55 mph (88 kph) with blowing dust that could hamper visibility on highways, the weather service said.

By SCOTT SONNER Associated Press



from Courthouse News

Saturday, June 10, 2023

Ted Kaczynski, known as the Unabomber for years of attacks that killed 3, dies in prison at 81

WASHINGTON (AP) — Theodore “Ted” Kaczynski, the Harvard-educated mathematician who retreated to a dingy shack in the Montana wilderness and ran a 17-year bombing campaign that killed three people and injured 23 others, died Saturday. He was 81.

Branded the “Unabomber” by the FBI, Kaczynski died at the federal prison medical center in Butner, North Carolina, Kristie Breshears, a spokesperson for the federal Bureau of Prisons, told The Associated Press. He was found unresponsive in his cell early Saturday morning and was pronounced dead around 8 a.m., she said. A cause of death was not immediately known.

Before his transfer to the prison medical facility, he had been held in the federal Supermax prison in Florence, Colorado, since May 1998, when he was sentenced to four life sentences plus 30 years for a campaign of terror that set universities nationwide on edge. He admitted committing 16 bombings from 1978 and 1995, permanently maiming several of his victims.

Years before the Sept. 11 attacks and the anthrax mailing, the Unabomber’s deadly homemade bombs changed the way Americans mailed packages and boarded airplanes, even virtually shutting down air travel on the West Coast in July 1995.

He forced The Washington Post, in conjunction with The New York Times, to make the agonizing decision in September 1995 to publish his 35,000-word manifesto, “Industrial Society and Its Future,” which claimed modern society and technology was leading to a sense of powerlessness and alienation.

But it led to his undoing. Kaczynski’s brother, David, and David’s wife, Linda Patrik, recognized the treatise’s tone and tipped off the FBI, which had been searching for the Unabomber for years in nation’s longest, costliest manhunt.

Authorities in April 1996 found him in a 10-by-14-foot (3-by-4-meter) plywood and tarpaper cabin outside Lincoln, Montana, that was filled with journals, a coded diary, explosive ingredients and two completed bombs.

As an elusive criminal mastermind, the Unabomber won his share of sympathizers and comparisons to Daniel Boone, Edward Abbey and Henry David Thoreau.

But once revealed as a wild-eyed hermit with long hair and beard who weathered Montana winters in a one-room shack, Kaczynski struck many as more of a pathetic loner than romantic anti-hero.

Even in his own journals, Kaczynski came across not as a committed revolutionary but as a vengeful hermit driven by petty grievances.

“I certainly don’t claim to be an altruist or to be acting for the ‘good’ (whatever that is) of the human race,” he wrote on April 6, 1971. “I act merely from a desire for revenge.”

A psychiatrist who interviewed Kaczynski in prison diagnosed him as a paranoid schizophrenic.

“Mr. Kaczynski’s delusions are mostly persecutory in nature,” Sally Johnson wrote in a 47-page report. “The central themes involve his belief that he is being maligned and harassed by family members and modern society.”

Kaczynski hated the idea of being viewed as mentally ill and when his lawyers attempted to present an insanity defense, he tried to fire them. When that failed, he tried to hang himself with his underwear.

Kaczynski eventually pleaded guilty rather than let his defense team proceed with an insanity defense.

“I’m confident that I’m sane,” Kaczynski told Time magazine in 1999. “I don’t get delusions and so forth.”

He was certainly brilliant.

Kaczynski skipped two grades to attend Harvard at age 16 and had published papers in prestigious mathematics journals. His explosives were carefully tested and came in meticulously handcrafted wooden boxes sanded to remove possible fingerprints. Later bombs bore the signature “FC” for “Freedom Club.”

The FBI called him the “Unabomber” because his early targets seemed to be universities and airlines. An altitude-triggered bomb he mailed in 1979 went off as planned aboard an American Airlines flight; a dozen people aboard suffered from smoke inhalation.

Kaczynski killed computer rental store owner Hugh Scrutton, advertising executive Thomas Mosser and timber industry lobbyist Gilbert Murray. California geneticist Charles Epstein and Yale University computer expert David Gelernter were maimed by bombs two days apart in June 1993.

Mosser was killed in his North Caldwell, New Jersey, home on Dec. 10, 1994, a day he was supposed to be picking out a Christmas tree with his family. His wife, Susan, found him grievously wounded by a barrage of razor blades, pipes and nails.

“He was moaning very softly,” she said at Kaczynski’s 1998 sentencing. “The fingers on his right hand were dangling. I held his left hand. I told him help was coming. I told him I loved him.”

When Kaczynski stepped up his bombs and letters to newspapers and scientists in 1995, experts speculated the Unabomber was jealous of the attention being paid to Oklahoma City bomber Timothy McVeigh.

A threat to blow up a plane out of Los Angeles before the end of the July Fourth weekend threw air travel and mail delivery into chaos. The Unabomber later claimed it was a “prank.”

The Washington Post printed the Unabomber’s manifesto at the urging of federal authorities, after the bomber said he would desist from terrorism if a national publication published his treatise.

Patrik had had a disturbing feeling about her brother-in-law even before seeing the manifesto and eventually persuaded her husband to read a copy at the library. After two months of arguments, they took some of Ted Kaczynski’s letters to Patrik’s childhood friend Susan Swanson, a private investigator in Chicago.

Swanson in turn passed them along to former FBI behavioral science expert Clint Van Zandt, whose analysts said whoever wrote them had also probably written the Unabomber’s manifesto.

“It was a nightmare,” David Kaczynski, who as a child had idolized his older brother, said in a 2005 speech at Bennington College. “I was literally thinking, ‘My brother’s a serial killer, the most wanted man in America.'”

Swanson turned to a corporate lawyer friend, Anthony Bisceglie, who contacted the FBI. The investigation and prosecution were overseen by now-Attorney General Merrick Garland, during a previous stint at the Justice Department.

David Kaczynski wanted his role kept confidential, but his identity quickly leaked out and Ted Kaczynski vowed never to forgive his younger sibling. He ignored his letters, turned his back on him at court hearings and described David Kaczynski in a 1999 book draft as a “Judas Iscariot (who) … doesn’t even have enough courage to go hang himself.”

Ted Kaczynski was born May 22, 1942, in Chicago, the son of second-generation Polish Catholics — a sausage-maker and a homemaker. He played the trombone in the school band, collected coins and skipped the sixth and 11th grades.

His high school classmates thought him odd, particularly after he showed a school wrestler how to make a mini-bomb that detonated during chemistry class.

Harvard classmates recalled him as a lonely, thin boy with poor personal hygiene and a room that smelled of spoiled milk, rotting food and foot powder.

After graduate studies at the University of Michigan at Ann Arbor, he got a job teaching math at the University of California at Berkeley but found the work difficult and quit abruptly. In 1971, he bought a 1½-acre parcel about 4 miles (6 kilometers) outside of Lincoln and built a cabin there without heating, plumbing or electricity.

He learned to garden, hunt, make tools and sew, living on a few hundred dollars a year.

He left his cabin in Montana in the late 1970s to work at a foam rubber products manufacturer outside Chicago with his father and brother. But when a female supervisor dumped him after two dates, he began posting insulting limericks about her and wouldn’t stop.

His brother fired him and Ted Kaczynski soon returned to the wilderness to continue plotting his vengeful killing spree.

By MICHAEL BALSAMO and LINDSAY WHITEHURST Associated Press



from Courthouse News

Thursday, June 8, 2023

Newsom calls for constitutional amendment to limit gun access

SACRAMENTO, Calif. (CN) — California Governor Gavin Newsom has announced his latest move in a campaign to enhance nationwide firearm safety measures, proposing another amendment to the U.S. Constitution to enshrine some gun control measures into law. 

The governor said Thursday the proposed amendment would not affect the Second Amendment, but would guarantee universal background checks, raise the firearm purchase age to 21, institute a purchase waiting period and bar the civilian purchase of assault weapons.

“The 28th Amendment will enshrine in the Constitution common sense gun safety measures that Democrats, Republicans, Independents and gun owners overwhelmingly support — while leaving the 2nd Amendment unchanged and respecting America’s gun-owning tradition,” Newsom said in a statement.

To pass the amendment, advocates would need to hold a convention to propose changes to the U.S. Constitution, also known as an Article V convention or amendatory convention. California would be the first state in the nation to call for such a convention, with a joint resolution introduced by California State Senator Aisha Wahab and Assemblymember Reggie Jones-Sawyer. 

Newsom says he will work with grassroots supporters, elected and civic leaders and coalitions across the country to encourage passing similar resolutions in other state legislatures. It would take 33 other states to convene such a convention.

“A man of action, Governor Gavin Newsom has the backbone to actually do something about the gun fetish culture around weapons of war, and tackle the relentless problem of gun violence and mass shootings,” said Wahab. “As someone impacted by gun violence, I have an obligation to elevate the voices of victims and those of us left behind in the wake of tragedy.”

“We cannot stand idly while courts roll back our work and diminish the ability of our Legislature to keep Californians safe,” said Jones-Sawyer. “This bold but fair resolution calls on other states to join us in protecting some of the most effective ways of reducing gun violence.” 

Opposition to the proposal also came swiftly Thursday from Assemblymember James Gallagher of Marysville, a frequent Newsom critic and state Assembly Republican leader.

“When your policy agenda results in widespread failures at home you have two choices: Admit your failures & adjust, distract & deflect,” Gallagher said in a tweet.

The governor’s administration and many Democrat state lawmakers have been pushing for change on gun safety in various forms for years – with varying degrees of success in the courts, particularly when up against the Supreme Court.

Senate Bill 918, which addressed issues flagged by the Supreme Court in New York Rifle & Pistol Association Inc. v. Bruen, and other gun control bills were heavily amended or killed outright in the recent legislative session. But Newsom signed other bills making it easier for Californians to sue manufacturers and distributors of illegal assault weapons, allowing lawsuits against irresponsible gun industry members, strengthening prohibitions on ghost guns and restricting marketing to minors.

In February, the governor presented new proposed legislation called Senate Bill 2 to enhance firearm licensing measures, set the minimum age to obtain a carrying license to 21, increasing training requirements and establishing community spaces where people can expect safety from gun violence.

California is ranked as the No. 1 state for gun safety by the Giffords Law Center, and now has a 37% lower gun death rate than the national average. According to the Centers for Disease Control and Prevention, California’s gun death rate was the 44th lowest in the nation, with 8.5 gun deaths per 100,000 people — compared to 13.7 deaths per 100,000 nationally, 28.6 in Mississippi, 20.7 in Oklahoma, and 14.2 in Texas.



from Courthouse News

Wednesday, June 7, 2023

Missouri governor signs ban on transgender health care, school sports

JEFFERSON CITY, Mo. (AP) — Transgender minors and some adults in Missouri will soon be limited from accessing puberty blockers, hormones and gender-affirming surgeries — as well as some school sports teams — under bills signed Wednesday by the state’s Republican governor.

Beginning Aug. 28, Missouri health care providers won’t be able to prescribe those gender-affirming treatments for teens and children. Most adults will still have access to transgender health care under the law, but Medicaid won’t cover it. Prisoners in the state must pay for gender-affirming surgeries out-of-pocket under the law, the governor’s spokesperson Kelli Jones said.

Gov. Mike Parson called hormones, puberty blockers and gender-affirming surgeries “harmful, irreversible treatments and procedures” for minors.

“We support everyone’s right to his or her own pursuit of happiness,” Parson said in a statement Wednesday. “However, we must protect children from making life-altering decisions that they could come to regret in adulthood once they have physically and emotionally matured.”

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Every major medical organization, including the American Medical Association, has opposed the bans on gender-affirming care for minors and supported the medical care for youth when administered appropriately. Lawsuits have been filed in several states where bans have been enacted this year.

Parson also signed legislation Wednesday to ban transgender girls and women from playing on female sports teams from kindergarten through college. Both public and private schools face losing all state funding for violating the law.

“Today, Governor Parson showed just how little Missouri’s state government values LGBTQ+ lives and, in particular, transgender and gender-expansive youth,” said Shira Berkowitz, of the state’s LGBTQ+ advocacy group PROMO.

The laws are set to expire in 2027 as part of a Republican compromise with Senate Democrats.

Parson called on the Republican-led Legislature to pass the bills in the final weeks of its session and threatened to keep them working past their May 12 end date if they did not.

Republican leaders of the House and Senate pledged at the beginning of session to pass the bills, but the chambers disagreed on how restrictive the bans should be.

The House ultimately took up the Senate’s toned-down version of the health care bill, which includes an exception that allows transgender minors to continue receiving gender-affirming health care if they have already started treatment.

“The governor could have said ‘no’ to bigotry and hate,” Missouri House Democratic Minority Leader Crystal Quade said in a statement. “Instead he embraced it.”

Missouri’s bans come amid a national push by conservatives to put restrictions on transgender and nonbinary people, which alongside abortion has become a major theme of state legislative sessions this year.

At least 20 states, including Missouri, have now enacted laws restricting or banning gender-affirming medical care for transgender minors.

A legal challenge to Missouri’s laws is possible. When the Legislature first passed the bills, the ACLU of Missouri said it “will continue to explore all options to fight these bans and to expand the rights of trans Missourians.”

Federal judges have blocked enforcement of laws in Alabama and Arkansas, and Oklahoma has agreed to not enforce its ban while opponents seek a temporary court order blocking it.

Missouri’s Planned Parenthood clinics had been ramping up available appointments and holding pop-up clinics to start patients on treatments ahead of the law taking effect.

In April, Missouri’s Republican Attorney General Andrew Bailey took the novel step of imposing restrictions on adults as well as children under Missouri’s consumer-protection law. He pulled the rule in May after the GOP-led Legislature sent the bills to Parson.

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By SUMMER BALLENTINE Associated Press



from Courthouse News

Tuesday, June 6, 2023

Louisiana lawmakers approve anti-LGBTQ+ bills that include ban on trans care for minors

BATON ROUGE, La. (AP) — Louisiana is poised to become the latest state to enact laws targeting the LGBTQ+ community, after the Republican-controlled Legislature on Tuesday sent a package to the Democratic governor that includes a ban on gender-affirming care for minors.

The Legislature also overwhelmingly passed Louisiana’s version of a “Don’t Say Gay” bill and a measure outlining pronoun usage for students.

Democratic Gov. John Bel Edwards opposes the legislation but has not said whether he would veto the bills. Republicans hold a veto-proof majority in the Legislature, and the bills passed largely along party lines. Last year, Edwards chose not to block a Louisiana law banning transgender athletes from participating in women’s and girls’ sports competitions, saying it was clear a veto would be overridden.

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Debate in the Legislature over the transgender care measure was marked by misinformation, religious arguments, hours of emotional testimony from the LGBTQ+ community, and a dramatic resurrection of a bill once presumed dead. It echoed what is happening in many statehouses across the country, as bills targeting the transgender community have topped conservative agendas. Louisiana’s measure would take effect Jan. 1.

This year alone, more than 525 anti-LGBTQ+ bill have been introduced in 41 states, according to data collected by the Human Rights Campaign. Among that legislation, more than 220 measures specifically target transgender youths, the organization found. On Tuesday, HRC declared a state of emergency for LGBTQ+ people in the U.S., releasing a guidebook containing resources to help people relocate to states with stronger LGBTQ+ protections.

Republicans maintain that they are trying to protect children by banning care that can include puberty blockers, hormone treatment and surgery. Opponents argue it would do the opposite, leading to heightened risks of stress, depression and suicidal thoughts among an already vulnerable group.

Gender-affirming care for transgender children has been available in the United States for more than a decade and is endorsed by major medical associations.

Yet at least 19 states have now enacted laws restricting or banning it for transgender minors: Alabama, Arkansas, Arizona, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas, Utah, South Dakota and West Virginia. A federal judge temporarily blocked portions of Florida’s new law Tuesday in a ruling narrowly focused on three children whose parents sued.

Federal judges have blocked enforcement of laws in Alabama and Arkansas, and Oklahoma has agreed to not enforce its ban while opponents seek a temporary court order blocking it. Several other states are considering bills this year to restrict or ban care. A proposed ban is pending before Missouri’s governor.

Opponents of a Louisiana ban, including the American Civil Liberties Union of Louisiana, are urging Edwards to veto it.

“Our state should be a safe place to raise a child, and this law threatens to deny transgender youth the safety and dignity they deserve,” the organization said in a written statement Monday. “This extreme government overreach harms everyone in our state, especially transgender Louisianans, and we all deserve better.”

Another bill passed by the Legislature would broadly ban K-12 public school employees in Louisiana from discussing sexual orientation or gender identity in the classroom. It is similar to a law enacted in Florida last year that critics dubbed, “Don’t Say Gay.” So far, three other states — Alabama, Arkansas and Iowa — have enated similar similar “Don’t Say Gay” laws, according to HRC.

Additionally, Louisiana lawmakers passed legislation requiring public school teachers to use the pronouns and name that align with a student’s sex assigned at birth. Under the bill, a parent can give written consent for pronouns, not consistent with the student’s sex assigned at birth, to be used. However a teacher can override the parent’s request “if doing so would violate the employee’s sincerely held religious beliefs.”

Other statehouses across the U.S. are considering similar legislation, which would formally allow or require schools to deadname transgender students or could out them to their parents without consent. Deadnaming refers to using the name a transgender person used prior to transitioning.

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By SARA CLINE Associated Press



from Courthouse News

Monday, June 5, 2023

Amount of warming triggering carbon dioxide in air hits new peak, growing at near-record fast rate

(AP) — The cause of global warming is showing no signs of slowing as heat-trapping carbon dioxide in Earth’s atmosphere increased to record highs in its annual Spring peak, jumping at one of the fastest rates on record, officials announced Monday.

Carbon dioxide levels in the air are now the highest they’ve been in more than 4 million years because of the burning of oil coal and gas. The last time the air had similar amounts was during a less hospitable hothouse Earth before human civilization took root, scientists said.

The National Oceanic Atmospheric Administration announced that the carbon dioxide level measured in May in Hawaii averaged 424 parts per million. That’s 3 parts per million more than last year’s May average and 51% higher than pre-industrial levels of 280 ppm. It is one of the largest annual May-to-May increases in carbon dioxide levels on record, behind only 2016 and 2019, which had jumps of 3.7 and 3.4 parts per million.

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“To me as an atmospheric scientist, that trend is very concerning,” said NOAA greenhouse gas monitoring group leader Arlyn Andrews. “Not only is CO2 continuing to increase despite efforts to start reducing emissions, but it’s increasing faster than it was 10 or 20 years ago.”

Emissions used to increase by maybe 1 part per million per year, but now they are increasing at twice and even three times that rate, depending on whether there is an El Niño, Andrews said.

“The relentless rise in atmospheric CO2 is incredibly worrying if not wholly predictable,” said Brown University climate scientist Kim Cobb, who was not part of the research.

Carbon dioxide levels are rising so that each year is higher than the last. However, there’s a seasonal cycle with carbon dioxide so that it reaches its highest saturation point in May. That’s because two-thirds of the globe’s land is in the northern hemisphere and plants suck carbon dioxide out of the air, so during late spring and summer carbon dioxide levels fall until they start rising again in November, Andrews said.

Carbon dioxide levels rise more during El Niño climate cycles because it is hotter and drier in the Tropics. An El Niño is brewing. That 3.0 increase may be a sign of an El Niño bump, she said.

There are two main ways of tracking greenhouse gases. One is to monitor what’s coming out of smokestacks and exhaust pipes, but about half of that is absorbed by the oceans and lands, Andrews said.

The other way is to measure how much carbon dioxide is in the air. NOAA and partner agencies measure all around the world. Hawaii has the longest history of direct measurements and is the home of the Scripps Institution of Oceanography’s Keeling Curve, which has kept track of carbon in the air since 1958 when the May reading peaked at 317.5. Emissions have gone up about 33% since then.

“Current emissions are going to remain in the atmosphere for thousands of years and they’re going to continue to trap heat energy near Earth’s surface for thousands of years,” Andrews said.

Because of that “we are still dealing with CO2 in the atmosphere that was emitted in the early-to-mid 20th century,” University of Oklahoma meteorology professor Jason Furtado, who wasn’t part of the monitoring teams, said in an email. “This is why we have to see emissions DROP in order to have a chance to reverse climate change. And even if/when we reverse the CO2 emissions rate, it will take some time before the climate system responds.”

This year NOAA had a complication in its reading.

NOAA and the Scripps Institution have two distinct monitors that have slightly different measurements. Scripps measured 423.8 parts per million and often runs a bit below NOAA. Both have been at the remote Mauna Loa volcano for decades but last November’s eruption cut off power to the NOAA monitor and it’s been unable to use it since. NOAA established another one at Mauna Kea Volcano, 21 miles away.

Scripps got their Mauna Loa site working and put one at Mauna Kea and their data shows that Mauna Kea is an accurate substation for Mauna Loa, Andrews said.

Many activists and scientists advocate for returning to 350 parts per million levels.

“CO2 now is higher than any time in the last 4 to 4.5 million years when the atmosphere was about 7 degrees Fahrenheit (3.9 degrees Celsius) warmer and sea levels were 5 to 25 meters (16 to 82 feet) higher,” Andrews said.

Temperatures were higher with similar amount of carbon dioxide in the air because carbon dioxide traps heat for so long and millions of years ago the build up of carbon dioxide was much more gradual, allowing heat to build and ice to melt to raise seas, scientists said.

“We are absolutely at levels unseen in human civilization,” Furtado said. “Humans are running a massive experiment on the Earth climate system via burning carbon, and the results are turning out not great for a lot of people on this planet.”

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By SETH BORENSTEIN AP Science Writer

Associated Press climate and environmental coverage receives support from several private foundations. See more about AP’s climate initiative here. The AP is solely responsible for all content.



from Courthouse News

Friday, June 2, 2023

Suboxone drugmaker pays big bucks to avoid antitrust trial

PHILADELPHIA (CN) — Dozens of U.S. states on Friday announced a $102.5 million settlement with the drugmaker behind Suboxone, the brand name for a critical drug used to treat opioid dependence.

In a suit first filed in federal court in Philadelphia in 2016, a group of 41 states led by Wisconsin had accused Virginia-based manufacturer Indivior of conspiring to avoid generic competition for the drug.

The pharmaceutical giant had changed its formulation of Suboxone from a tablet to a dissolving film — a move known as “product hopping,” which artificially inflated prices for the drug in the midst of the country’s growing opioid epidemic.

Indivior denies wrongdoing — but the company nonetheless made major concessions to regulators. It agreed to pay a total of $102.5 million to the states and to file regular reports, including compliance reports concerning any FDA citizen-led petitions involving Suboxone or if the company plans to make any new products.

The U.S. Food and Drug Administration approved Indivior’s Suboxone for sale in the United States in 2002 and gave Indivior the exclusive right to sell the product for the next seven years.

In 2013, just as generic Subloxone tablets received federal approval for sale, the company began selling Suboxone as an oral film instead, ultimately prompting this group of states to sue.

Josh Kaul, Wisconsin’s Democratic attorney general, applauded the settlement in a statement on Friday.

“I’m proud that [the] Wisconsin DOJ led this significant multistate effort and is bringing this case to a successful conclusion,” Kaul said, referring to the Wisconsin’s state-level Department of Justice. “However long it takes, we will continue to hold companies accountable for alleged anticompetitive activities.”

In his own statement on Friday, Indivior CEO Mark Crossley dodged any questions of wrongdoing.

Instead, Crossley said, the company is focused on helping those with substance use disorders.

“We take our role as a responsible steward of medications for addiction and rescue extremely seriously,” he said. “Resolving these legacy matters at the right value allows us to further this mission for patients.”

In 2021, more than 80,000 people in the United States died from opioid-related overdoses, the U.S. Centers for Disease Control and Prevention estimate. Suboxone can be used both as a prescription to treat opioid dependence as well as an “induction agent” that stabilizes an opioid user in withdrawal.

From its filing in 2016, the suit ballooned to involve virtually every other state, including Alabama, Alaska, Arkansas, California, Colorado, District of Columbia, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Virginia, West Virginia, and Washington. Washington, D.C. also joined the suit.

This settlement avoids a trial that had been set for September 18, 2023. It still requires final approval from U.S. District Judge Mitchell Goldberg, a George W. Bush appointee and the Philadelphia federal judge overseeing the case.



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