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News Roundup

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After a plea deal between 9/11 mastermind Khalid Sheikh Mohammed and the U.S. government was declared void by order of Defense Secretary Lloyd Austin, a military judge has now ruled that the plea agreement is valid, the AP reports. The plea agreement calls for a sentence of life imprisonment for Mohammed and his two-codefendants. The Defense Secretary had declared that the deal could not be struck without his approval and that the decades-old proceedings should continue through to trial and possible death sentences. Some families of 9/11 victims and lawmakers also opposed the plea deal. However, the military judge has ruled that it is too late to strike the deal because it was negotiated with proper government authorization and the top official at Guantanamo approved it.

Read on for more criminal law news.

Reforms rolled back in California. This week, Californians voted in favor of a measure to roll back certain criminal justice reforms enacted in 2014. Proposition 36 reclassifies certain misdemeanor theft offenses as felonies, requires a warning about the potential to be charged with murder for selling or distributing drugs, and creates a new “treatment-mandated felony.” Analysts anticipate an increase in the state prison population of about 2,000, as well as increases in criminal justice costs associated with handling the new felony cases. On the flipside, the measure will result in reduced spending on mental health and drug treatment, school dropout prevention, and victim services. Supporters of the proposition point to a high incidence of “smash-and-grab” crimes at various businesses and an increase in homelessness in recent years. Opponents argue that the activity is driven by poverty and substance use disorder and that increased penalties will not be a deterrent. The measure passed overwhelmingly with 70% of the vote.

Arizona latest state to propose immigration enforcement by local police. Arizona voters approved of a measure allowing state-level law enforcement to arrest individuals suspected of illegal immigration, the AP reports. Arizona is the fourth state this year to pass such a proposal, but the previous three laws in Texas, Iowa, and Oklahoma were halted by federal judges after opponents argued the laws encroached on federal immigration enforcement. The Arizona law contains a provision that it will not be enforceable until a similar law in another state has been in effect for 60 days.

Marijuana legalization stalls. In other election news, after 24 states passed legislation legalizing recreational marijuana over the past 12 years, no new states joined the ranks this week. Three ballot initiatives in Florida, North Dakota, and South Dakota, failed to receive the necessary votes. However, voters in Nebraska approved of medical marijuana this week (joining 38 other states).

Local DA sues Elon Musk for $1M daily giveaway. Philadelphia District Attorney Larry Krasner filed suit against Elon Musk and the America PAC last week, alleging that Musk’s $1 million-a-day giveaway is an illegal lottery, Reuters reports. To be eligible to receive the daily prize, individuals must sign a petition in support of free speech and gun rights and be registered to vote in one of seven swing states. During a court hearing Monday, an adviser for America PAC testified that the winners were not chosen randomly, as Musk previously stated at a rally, but that the winners were in fact selected by the PAC based on their social media postings and potential to serve as spokespeople. Krasner’s office asserted that the testimony established the giveaway as both an illegal lottery and a fraud. Some experts believe that the giveaway runs afoul of federal election law prohibiting payment in exchange for registering to vote, while others believe that the PAC has legitimate reasons for wanting individuals to sign the petition, such as gathering names of those politically aligned with the PAC. While the U.S. Justice Department previously sent a letter to the PAC warning of a potential violation of federal criminal law,  Krasner filed a complaint in state court, alleging that the giveaways violate state consumer protection laws. The Pennsylvania judge ruled on Monday that the giveaway could continue through Election Day.

Officer convicted of excessive force in Breonna Taylor shooting. A federal jury found Louisville police detective Brett Hankinson guilty of using excessive force during the 2020 shooting of Breonna Taylor, the AP reports. This was the second trial of Hankinson in federal court after the first trial ended in a deadlocked jury. This time, although the jury initially indicated that it was deadlocked, the jury reached a verdict after more than twenty hours of deliberations over three days. Another officer was previously convicted for adding a false line to the search warrant in the aftermath of the shooting, but Hankinson was the first officer on scene to be convicted. Prosecutors contended that he violated a cardinal rule of using deadly force by shooting into Taylor’s apartment without being able to see a human target.

Trial set for former prosecutor. The case of a former prosecutor accused of interfering with the investigation into the shooting of Ahmaud Arbery has been set for trial for January 2025. The prosecutor, Jackie Johnson, is alleged to have shown favor to Greg McMichael, a suspect in the shooting and a former investigator with her office. Johnson’s lawyers have asserted that there is “not a scintilla of evidence” to show she improperly handled the investigation, while lawyers with the Georgia Attorney General point to 16 calls between Johnson and McMichael in the weeks following the shooting. Johnson’s trial was delayed while her attorney, Brian Steel, spent the better part of two years in an Atlanta courtroom defending Young Thug. That case recently came to a conclusion with a plea deal.

43 monkeys escape in South Carolina. Finally, 43 rhesus monkeys escaped from the “Alpha Genesis” research facility in South Carolina this week. Although the monkeys have been described as “skittish,” Yemassee Police Chief says there is little danger. A primate conservancy describes rhesus macaques as “bold, extremely curious, and adventurous monkeys,” well-adapted to co-exist with humans.

Have a good weekend and see you next week.

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