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Trump is ‘tainting jury pool’ for NY terrorist with tweets

President Donald Trump called for prosecutors on Wednesday to seek the death penalty for Sayfullo Sa..

Published

5 years ago

November 2, 2017

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President Donald Trump called for prosecutors on Wednesday to seek the death penalty for Sayfullo Saipov
He repeated that demand on Thursday morning while explaining why it would be impractical to send him to the Guantanamo Bay military prison
Former federal prosecutors have weighed in, saying the president's tweets will make it harder for Saipov to get a fair trial and will hand defense lawyers a gift
Rep. Steve Scalise, famous for surviving a shooting attack this summer, says 'whatever the harshest penalty that they can put forward is the right thing to do'
Saipov, 29, was charged Wednesday with providing material support to a terrorist group and committing violence and destruction of motor vehicles
Saipov killed eight and injured 12 by mowing them down with a rented pick-up truck on the Hudson River bike path in lower Manhattan Tuesday afternoon
According to a criminal complaint, Saipov admitted that he was inspired by ISIS

By David Martosko, Us Political Editor For Dailymail.com

Published: 08:11 EDT, 2 November 2017 | Updated: 14:13 EDT, 2 November 2017

Former prosecutors and other notable attorneys expressed alarm on Wednesday and Thursday that President Donald Trump's insistence on the death penalty for accused terrorist Sayfullo Saipov could make it harder for the Department of Justice to convict him.

'Mr. President, we all know he should get the death penalty. But when *you* say it, it makes it harder for DOJ to make that happen,' former New York federal prosecutor Andrew C. McCarthy wrote on Twitter.

Saipov mowed down more than a dozen innocent people Tuesday on a New York City bike path, killing eight of them. But announcing a verdict and sentence ahead of time could be a legally problematic complication.

'NYC terrorist was happy as he asked to hang ISIS flag in his hospital room. He killed 8 people, badly injured 12. SHOULD GET DEATH PENALTY!; Trump tweeted Wednesday night.

'Would love to send the NYC terrorist to Guantanamo but statistically that process takes much longer than going through the Federal system,' he added Thursday. 'There is also something appropriate about keeping him in the home of the horrible crime he committed. Should move fast. DEATH PENALTY!'

SCROLL DOWN FOR VIDEOS

President Donald Trump has said he favors the death penalty for accused terrorist Sayfullo Saipov, leading some legal experts to worry that he may be hamstringing prosecutors

Trump made his first mention of the death penalty for Saipov on Wednesday night as many Americans were watching the World Series wrap up

Former federal prosecutor Andrew McCarthy, who successfully prosecuted terror sheik Omar Abdel-Rahman, chastised the president for making the Justice Department's job harder

'The jury pool is tainted,' warned former federal prosecutor Renato Mariotti, hinting that defense lawyers would have a field day with Trump's tweets

Renato Mariotti, a former federal securities fraud prosecutor who is running for attorney general in Illinois as a Democrat, tweeted that 'Trump helped the terrorist' by prejudging his case.

'Now prosecutors will have to spend time dealing with motions that the jury pool is tainted.'

Washington attorney Mark Zaid, who specializes in national security law, tweeted: 'This is called potentially tainting jury pool & could impact alleged perpetrator's ability to secure fair trial. SMH #Unpresidential'

Presidents and governors seldom weigh in on pending criminal cases out of fear that it could prejudice and undermine an otherwise fair trial.

The president in particular is in charge of the Justice Department, which is in control of Saipov's prosecution.

National Security Advisor Gen. H.R. McMaster dodged a question during Thursday's White House press briefing, saying only that 'what the president wants is secure the American people from this threat, and from … mass-murderers like this.'

'And so what he's asked for is options to take a look – to assess if our tremendous law enforcement teams and our judicial system has all the tools they need to be able to combat this threat to the American people.'

Other experts who weighed in included Wall Street Journal correspondent Jess Bravin, who covers the U.S. Supreme Court.

'Defense counsel [is] likely to cite such comments as prejudicial to fair trial or sentencing,' he wrote of Trump's tweets.

'Shake My Head': National security lawyer Mark Zaid called Trump's tweet 'unpresidential'

Trump said Thursday morning for the second time that he wants suspected terrorist Sayfullo Saipov to face the death penalty

Trump on Thursday also walked back his suggestion from a day earlier that Saipov might be sent to rot in the Guantanamo Bay prison camp

The Muslim immigrant from Uzbekistan (above in court sketches) accused of carrying on Tuesday's terror attack in Manhattan entered court Wednesday evening in a wheelchair, handcuffed and with his feet shackled, to face terrorism charges filed against him by the US Attorney for the Southern District of New York The Muslim immigrant from Uzbekistan (above in court sketches) accused of carrying on Tuesday's terror attack in Manhattan entered court Wednesday evening in a wheelchair, handcuffed and with his feet shackled, to face terrorism charges filed against him by the US Attorney for the Southern District of New York

But on 'Fox & Friends,' Trump's go-to morning TV choice, opinions were clear and monolithic on Thursday.

'When I hear people about, "Where are we going to send him? Should we send him to Gitmo?" I say we skip Gitmo and send him straight to hell where he belongs,' former U.S. Navy SEAL Jocko Willink said on the show.

And Louisiana Republican Rep. Steve Scalise, famous for surviving a gunman's attack this summer, said Trump was 'right' to suggest Guantanamo Bay.

Scalise said the Justice Department should 'throw the book at him.'

'Whatever the harshest penalty that they can put forward is the right thing to do,' he said, adding that Saipov 'should absolutely be … eligible and get the death penalty.'

Rep. Steve Scalise, famous for surviving a shooting attack this summer, said on the Fox & Friends program that 'whatever the harshest penalty that they can put forward is the right thing to do'

Former U.S. Navy SEAL Jocko Willink gave Trump some red meat to tweet about, saying of Saipov that the U.S. should 'skip Gitmo and send him straight to hell where he belongs'

Trump had already seized on the deadly New York City truck attack to step up demands for stricter U.S. immigration laws, asking Congress to end a visa program that let the Uzbek suspect into the country.

Former president Barack Obama had tried but failed to shut down the Guantanamo Bay prison in Cuba. No detainee has been sent there since 2008.

White House press secretary Sarah Sanders told reporters on Wednesday that Trump considers Saipov an 'enemy combatant,' a designation that would make the alleged New York killer ineligible for legal rights afforded to criminal suspects in U.S. courts.

Among those rights, familiar to watchers of TV cop dramas, are the right to remain silent and the right to have an attorney present during questioning.

'I believe we would consider this person to be an enemy combatant, yes,' White House press secretary Sarah Sanders told reporters during Wednesday's briefing, while cautioning that she wasn't sure how the federal government would 'process' him.

People gathered for a candlelight vigil for victims of the attack at Foley Square in New York City on Wednesday

The suspect, Saipov, was allegedly an adherent of ISIS and was said to be radicalized domestically

Asked why the 'enemy combatant' label is appropriate, she replied: 'I think the actions that he took certainly justify that.'

Trump had called the suspect 'this animal' and lambasted the U.S. justice system that he leads as 'a joke' and 'a laughing stock.'

Since taking office in January, Trump has sought to increase deportations of illegal immigrants and limit legal immigration.

The Muslim immigrant from Uzbekistan accused of carrying out Tuesday's terror attack in Manhattan entered court Wednesday evening in a wheelchair, handcuffed and with his feet shackled, to face terrorism charges filed against him by the U.S. Attorney for the Southern District of New York.

Saipov wore a gray shirt and was surrounded by five guards while in his wheelchair inside a New York federal courthouse after he was charged with providing material support to a terrorist group and committing violence and destruction of motor vehicles.

Saipov drove nearly a mile down the Hudson River bike path before his rampage came to an end when he smashed into a school bus

The above graphic shows how Saipov drove off the West Side Highway and onto the Hudson River bike path on Tuesday

His lawyers said Wednesday they were not seeking bail and a judge ordered him to be held. Saipov did not enter a plea to terrorism charges and a judge set his next court date for November 15.

Authorities say the Uzbek national watched ISIS videos on his cellphone and picked Halloween for the attack on a bike lane in lower Manhattan because he believed more people would be out on the streets.

He also had plans to drive over the Brooklyn Bridge and kill pedestrians on the walking path over the NYC landmark.

Prosecutors said in court papers that Saipov asked to display the ISIS flag in his hospital room where he was recovering from being shot by police.

Saipov 'stated that he felt good about what he had done,' according to court papers.

He left behind knives and a note, handwritten in Arabic, that included Islamic religious references and said 'it will endure' – a phrase that commonly refers to ISIS, FBI agent Amber Tyree said in court papers.

WHO CAN TRUMP PUT IN GITMO?

The Trump administration is constrained by the terms of the most recent congressional Authorization for Use of Military Force (AUMF), which dates back to the George W. Bush administration.

Dated three days after the 9/11 attacks in 2001, the AUMF authorizes the President of the United States to use force against anyone who 'planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons.'

Previous administrations have used this congressional go-ahead to justify military action against the Taliban, al-Qaeda, and the ISIS terror army – and they've been on solid legal ground.

What has never been tested, however, is the idea of taking a terror suspect who was captured in the United States and taking military action against him. Sending a prisoner to Guantanamo Bay – a U.S. Navy facility – would be one example.

There are Supreme Court cases that support putting 'enemy combatants' into the hands of military tribunals, and trying them outside the normal criminal court system. But those typically refer to people engaged in an armed conflict on behalf of a country, not a loosely confederated terror movement.

The reason putting terror suspects in 'Gitmo' proved attractive for the Bush administration was that the prison camp is not in the United States. Terrorists captured in the Middle East, for instance, could be held indefinitely without even letting them set foot on U.S. soil.

The case of Sayfullo Saipov, however, is different: He was arrested in New York City and likely is already entitled to some rights under the U.S. Constitution, plus rights afforded under the Geneva Convention.

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Australia

Australia: Scott Morrison saga casts scrutiny on Queen’s representative

Published

7 months ago

August 27, 2022

Europe Disk

In the past fortnight, Australia has been gripped by revelations that former Australian Prime Minister Scott Morrison secretly appointed himself to several additional ministries.

The move has been labelled a “power grab” by his successor as prime minister, and Mr Morrison has been scolded by many – even his own colleagues.

But the scandal has also dragged Australia’s governor-general into the fray – sparking one of the biggest controversies involving the Queen’s representative in Australia in 50 years.

So does Governor-General David Hurley have questions to answer, or is he just collateral damage?

‘Just paperwork’

Governors-general have fulfilled the practical duties as Australia’s head of state since the country’s 1901 federation.

Candidates for the role were initially chosen by the monarch but are now recommended by the Australian government.

The job is largely ceremonial – a governor-general in almost every circumstance must act on the advice of the government of the day. But conventions allow them the right to “encourage” and “warn” politicians.

Key duties include signing bills into law, issuing writs for elections, and swearing in ministers.

Mr Hurley has run into trouble on the latter. At Mr Morrison’s request, he swore the prime minister in as joint minister for health in March 2020, in case the existing minister became incapacitated by Covid.

Over the next 14 months, he also signed off Mr Morrison as an additional minister in the finance, treasury, home affairs and resources portfolios.

Mr Morrison already had ministerial powers, so Mr Hurley was basically just giving him authority over extra departments.

It’s a request the governor-general “would not have any kind of power to override or reject”, constitutional law professor Anne Twomey tells the BBC.

“This wasn’t even a meeting between the prime minister and the governor-general, it was just paperwork.”

But Mr Morrison’s appointments were not publicly announced, disclosed to the parliament, or even communicated to most of the ministers he was job-sharing with.

Australia’s solicitor-general found Mr Morrison’s actions were not illegal but had “fundamentally undermined” responsible government.

But the governor-general had done the right thing, the solicitor-general said in his advice this week.

It would have been “a clear breach” for him to refuse the prime minister, regardless of whether he knew the appointments would be kept secret, Stephen Donaghue said.

Critics push for investigation

Ultimately, Mr Hurley had to sign off on Mr Morrison’s requests, but critics say he could have counselled him against it and he could have publicised it himself.

But representatives for the governor-general say these types of appointments – giving ministers the right to administer other departments – are not unusual.

And it falls to the government of the day to decide if they should be announced to the public. They often opt not to.

Mr Hurley himself announcing the appointments would be unprecedented. He had “no reason to believe that appointments would not be communicated”, his spokesperson said.

Emeritus professor Jenny Hocking finds the suggestion Mr Hurley didn’t know the ministries had been kept secret “ridiculous”.

“The last of these bizarre, duplicated ministry appointments… were made more than a year after the first, so clearly by then the governor-general did know that they weren’t being made public,” she says.

“I don’t agree for a moment that the governor-general has a lot of things on his plate and might not have noticed.”

The historian says it’s one of the biggest controversies surrounding a governor-general since John Kerr caused a constitutional crisis by sacking Prime Minister Gough Whitlam in 1975.

Prof Hocking famously fought for transparency around that matter – waging a lengthy and costly legal battle that culminated in the release of Mr Kerr’s correspondence with the Queen.

And she says the same transparency is needed here.

The Australian public need to know whether Mr Hurley counselled the prime minister against the moves, and why he didn’t disclose them

The government has already announced an inquiry into Mr Morrison’s actions, but she wants it to look at the governor-general and his office too.

“If the inquiry is to find out what happened in order to fix what happened, it would be extremely problematic to leave out a key part of that equation.”

Former Prime Minister Malcolm Turnbull – Mr Morrison’s predecessor – has also voiced support for an inquiry.

“Something has gone seriously wrong at Government House,” he told the Australian Broadcasting Corporation.

“It is the passive compliance along the chain… that did undermine our constitution and our democracy… that troubles me the most. This is how tyranny gets under way.”

PM defends governor-general

Prof Twomey says the criticism of Mr Hurley is unfair – there’s was no “conspiracy” on his part to keep things secret.

“I don’t think it’s reasonable for anyone to expect that he could have guessed that the prime minister was keeping things secret from his own ministers, for example.

“Nobody really thought that was a possibility until about two weeks ago.”

Even if he had taken the unprecedented step to publicise the appointments or to reject Mr Morrison’s request, he’d have been criticised, she says.

“There’d be even more people saying ‘how outrageous!'” she says. “The role of governor-general is awkward because people are going to attack you either way.”

Prime Minister Anthony Albanese has also defended Mr Hurley, saying he was just doing his job.

“I have no intention of undertaking any criticism of [him].”

A role fit for purpose?

Prof Hocking says it’s a timely moment to look at the role of the governor-general more broadly.

She points out it’s possible the Queen may have been informed about Mr Morrison’s extra ministries when Australia’s parliament and people were not.

“It does raise questions about whether this is fit for purpose, as we have for decades been a fully independent nation, but we still have… ‘the relics of colonialism’ alive and well.”

Momentum for a fresh referendum on an Australian republic has been growing and advocates have seized on the controversy.

“The idea that the Queen and her representative can be relied upon to uphold our system of government has been debunked once and for all,” the Australian Republic Movement’s Sandy Biar says.

“It’s time we had an Australian head of state, chosen by Australians and accountable to them to safeguard and uphold Australia’s constitution.”

But Prof Twomey says republicans are “clutching at straws” – under their proposals, the head of state would also have been bound to follow the prime minister’s advice.

“It wouldn’t result in any changes that would have made one iota of difference.”

Read from: https://www.bbc.com/news/world-australia-62683210

Australia

Australia election: PM Morrison’s security team in car crash in Tasmania

Published

12 months ago

April 16, 2022

Europe Disk

A car carrying the Australian prime minister’s security team has crashed in Tasmania during an election campaign visit.

Four police officers were taken to hospital with “non-life threatening injuries” after the car and another vehicle collided, authorities said.

Prime Minister Scott Morrison was not in the car, but the accident prompted him to cancel the rest of his campaign events on Thursday.

The other driver involved was not hurt.

Tasmania Police said initial investigations suggested the second car had “collided with the rear of the police vehicle, while attempting to merge”. It caused the unmarked security vehicle to roll off the road.

The two Tasmania Police officers and two Australian Federal Police officers were conscious when taken to hospital for medical assessment, the prime minister’s office said.

“Family members of the officers have been contacted and are being kept informed of their condition,” a statement said.

“The PM is always extremely grateful for the protection provided by his security team and extends his best wishes for their recovery and to their families.”

Australians go to the polls on 21 May. Mr Morrison – prime minister since 2018 – is hoping to win his conservative coalition’s fourth term in office.

Polls suggest the opposition Labor Party, led by Anthony Albanese, is favoured to win. However, Mr Morrison defied similar polling to claim victory at the last election in 2019.

Mr Morrison’s Liberal-National coalition holds 76 seats in the House of Representatives – the minimum needed to retain power.

Political observers say the cost of living, climate change, trust in political leaders, and national security will be among key issues in the campaign.

In recent weeks, the prime minister has faced accusations of being a bully and once sabotaging a rival’s career by suggesting the man’s Lebanese heritage made him less electable. Mr Morrison has denied the allegations.

Mr Albanese stumbled into his own controversy this week when he failed to recall the nation’s unemployment or interest rates.

Read from: https://www.bbc.com/news/world-australia-61103987

Australia

Sydney airport warns delays could last weeks on third day of travel chaos

Published

12 months ago

April 9, 2022

Europe Disk

Long queues at Sydney airport’s domestic terminals have continued for a third day, with some passengers missing international connections, as the airport warns delays resulting from a surge in travellers and a shortfall in security staff could continue for weeks.

Chaotic scenes were reported in the departure halls as early as 4.30am on Saturday, with some frustrated travellers, many of whom heeded the pleas of airport chiefs to arrive at least two hours before their domestic flight was due to take off, claiming only one security line was operating.

While the queues that formed early on Saturday are understood to have cleared later in the morning, the airport apologised to affected travellers.

“Traffic numbers are picking up and the close contact rules are making it hard to fill shifts and staff the airport. We appreciate your patience,” Sydney airport said on its Twitter account.

A wave of families travelling as the term two school holidays begin this weekend, combined with close contact rules that are understood to be taking out about 20% of security shifts in any given day, are driving the problem.

Certis, the company that Sydney airport contracts for its security operations, is desperately trying to recruit personnel, while the airport has reallocated back office, IT and retail workers to the departure hall to comb queues so they can prioritise passengers at risk of missing their flight.

“We are working around the clock to resolve these issues and have teams in the terminals bringing passengers forward in order of priority,” a Sydney airport spokesperson said.

He added that the airport is “anticipating it will [be] busy right through the school holiday period and peak over the Easter and Anzac Day weekends, in some cases at 90% of pre-Covid passenger levels”.

“We’re deeply grateful to passengers for their ongoing patience and we’re sorry to everyone who has been inconvenienced,” the spokesperson said. “We would also like to thank passengers for getting to the airport early and treating staff and each other with kindness and respect.”

The Qantas chief executive Alan Joyce was forced to clarify comments he made on Friday that passengers were “not match fit” and that those forgetting to remove laptops and aerosols from their bags at the security check contributing to the delays.

“Just to be clear, I’m not ‘blaming’ passengers,” Joyce said. “Of course it’s not their fault,” he said.

Qantas shed thousands of staff during the pandemic, and outsourced ground crews in a decision that was challenged in court.

On Saturday, Qantas also apologised to a Melbourne family left stranded in Sydney, after domestic flight delays caused them to miss an international trip.

Javiera Martinez, her partner Daniel Capurro and their three children were supposed to be flying to Chile on Friday to visit relatives they had not seen in three years.

But after their 8am Qantas flight from Melbourne was delayed by half an hour, baggage handling and airport transfer delays in Sydney meant they couldn’t make their 11.30am LATAM Airlines flight to Santiago.

Martinez said the airline’s procedures at the airport were chaotic.

“We think Qantas didn’t behave appropriately. I got berated by the person at the counter – they never apologised, they never assumed any responsibility at all,” she said. “It was a rude conversation. We have been mistreated badly I would say.”

The PCR tests they need to travel have now expired and they will have to take them again as they wait for seats on the next flight to Santiago from Sunday.

The airline has apologised and paid for a night’s accommodation in Sydney.

“We sincerely apologise that the family missed their connecting flight on another airline due to delays moving through Sydney airport on Friday,” a Qantas spokesperson said.

The family is among many affected by hold ups amid the busiest travel period in two years, with Sydney, Melbourne and Brisbane airports warning passengers to arrive two hours before domestic flights.

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