Los Angeles Deputy District Attorneys Suing Their Boss, DA Gascón

Primer – Officers of the Court: any person who has an obligation to promote justice and effective operation of the judicial system, including judges, the attorneys who appear in court, bailiffs, clerks, and other personnel. As officers of the court lawyers have an absolute ethical duty to tell judges the truth, including avoiding dishonesty or evasion about reasons the attorney or his/her client is not appearing, the location of documents and other matters related to conduct of the courts.

San Francisco District Attorney George Gascón Resigns | KQED

DA George Gascon is and was supported by BLM along with more than $19 million has been pumped into the contentious Los Angeles County district attorney race, with donors lining up on opposing sides of a stark ideological divide between incumbent Jackie Lacey and challenger George Gascón.

Spending in the race intensified a few weeks before Election Day, when New York billionaire George Soros and Bay Area philanthropist Patty Quillin combined to put millions of dollars behind Gascón. Quillin’s husband, Netflix CEO Reed Hastings, has also helped Gascón maintain a commanding fundraising lead over Lacey, who has support from law enforcement unions up and down the state.

In the weeks before the general election, donations from Gascón’s supporters – including $3.4 million from the criminal justice reform group Color Of Change – helped the challenger take a large fundraising lead.

LATimes:The union representing Los Angeles County deputy district attorneys on Wednesday sued Dist. Atty. George Gascón, alleging that the dramatic changes he has brought to the nation’s largest prosecutorial office have defied state law and forced rank-and-file prosecutors to violate their oaths of office.

The lawsuit is the most public expression yet of the pushback Gascón has fielded from within his own office since being sworn in Dec. 7. It focuses on his so-called special directives that ordered his deputies to forgo sentencing enhancements.

The union, which represents about 800 prosecutors, is seeking a court order that would compel Gascón to rescind the directives and declare them “invalid and illegal,” as well as a temporary restraining order that would bar Gascón and his administration from enforcing the directives.

Gascón’s policies have “placed line prosecutors in an ethical dilemma — follow the law, their oath, and their ethical obligations, or follow their superior’s orders,” wrote the union’s lawyer, Eric M. George.A spokesman for Gascón had no immediate comment on the lawsuit.

On his first day in office, Gascón announced his deputies would no longer seek enhancements that — if proved — lengthen defendants’ prison sentences under certain circumstances, such as if they committed a crime to a gang’s benefit or if they had a criminal history.

Initially, the prohibition extended to enhancements for hate crimes, sex trafficking, financial crimes and elder and child abuse, but Gascón has since modified his directives to allow such enhancements. His deputies are still barred from seeking enhancements for prior strikes, committing a crime that benefits a gang, using a firearm and any special circumstance allegation that would send a defendant to prison for life without parole.

The union argues that prosecutors should pursue or forgo sentencing enhancements using “case-by-case discretion,” basing their decisions on the circumstances of a crime and a defendant, not “rubber stamp blanket prosecutorial policies barring the wholesale enforcement of criminal laws.”

The union asserts that Gascón’s prohibition on enhancements for prior strikes violates the state’s three strikes law, which, in the union’s view, requires prosecutors to seek longer sentences for defendants with previous convictions. Gascón “enjoys wide — but not limitless — discretion,” George wrote; he may believe such enhancements do not protect public safety, but he has no authority to circumvent lawmakers and legislate “by fiat,” the lawsuit says.

Gascón has said he was elected with a mandate to overhaul an outdated, heavy-handed approach to law and order that hasn’t proved effective in protecting the public. He promised during the campaign to no longer charge gang enhancements, which have come under scrutiny after several Los Angeles Police Department officers were charged over the summer with falsifying records that misrepresented people they had stopped as gang members and associates.

In a statement released by Stanford’s Three Strikes Project, the program’s director, Michael Romano, and two other law professors said the California Supreme Court has held that district attorneys have “complete authority” to enforce state laws within their jurisdiction.

Romano, Erwin Chemerinsky, the dean of UC Berkeley Law School, and David Mills, a professor at Stanford Law School, said in the statement that Gascón’s policies will make Los Angeles safer and reduce “epidemic” levels of incarceration. The union’s lawsuit, they added, “is more reflective of their longstanding opposition to reform and the will of millions of Angelenos than it is the legality of DA Gascón’s directives.”

The union also contends that Gascón, a local executive branch official, is encroaching on the authority of the courts in ordering his deputies to move to withdraw enhancement allegations. If a judge refuses those motions — as several have in recent weeks — line prosecutors have been instructed to file new charging documents without the enhancements. In doing so, the union argues, the district attorney’s office is making an end-run around the courts’ authority.

This scenario played out in a downtown Los Angeles courtroom Monday. A deputy district attorney, reading from a script, said he was seeking to dismiss enhancement allegations in a murder case against a defendant for belonging to a gang and using a firearm. When the judge denied the motion, the prosecutor said he would file new charges without the enhancements.

“I’m not going to accept an amended information,” Judge Mark S. Arnold said. “Legally, there’s no justification. There’s no defect.”

Chinese Slaves Manufacture Covid Masks Your Wearing

So, while we are continuing to learn only some of the actions inside the United States by the Chinese Communist Party that include:

Senator Dianne Feinstein and her husband

The entire Biden Family

Congressman Eric Swalwell

… we are now finding that Georgia Senate candidate, Jon Ossoff in a contentious run-off race lied about his Chinese Communist Party business deal and finally came clean after he was about to be sued over his false financial disclosures.

Ossoff attracting surprising levels of GOP support in Georgia special -  POLITICO

There is much more to bubble to the surface as noted by the shuttering of the Chinese Consulate in Houston a few months ago and the soon to be revealing of more details. Meanwhile, U.S. corporations are also very tied to the Chinese Communist Party least of which is Apple, Google and Facebook. But what about slaves?

Few people understand that China has re-education camps and slaves known as Uighurs and the treatment of this Turkic ethnic group which is native to China.

A very large and detailed investigation completed has noted below:

Medical masks and protective equipment made by Uighur laborers in China are being sold across Europe by at least two major distributors, and have been bought by governments and health bodies in at least five countries, an investigation by OCCRP and partners has found.

The workers are ethnic Uighurs from the western Chinese region of Xinjiang who have been sent to factories in other parts of the country under a controversial “labor transfer” program that experts say is coercive and prone to abuses.

China’s government has embarked on a campaign to stamp out unrest among Uighurs in Xinjiang via a campaign of mass surveillance and detention.

The labor transfer program ostensibly provides Uighurs in Xinjiang with new opportunities to leave home for factory jobs in other provinces. But rights workers say they are often coerced into complying, amid a crackdown that has seen over a million Uighurs and other Muslim minorities sent to re-education camps. Campaigners have been pushing for Western companies and governments to stop buying products made with Uighur labor.

Earlier this year, the New York Times revealed that medical masks made by Uighurs at a factory in Hubei province were being sold in the U.S. Now, OCCRP and its partners have found that some of Europe’s biggest medical distributors are also selling masks and protective equipment from this manufacturer, Hubei Haixin Protective Products. Publicly available documents show that Hubei Haixin until recently employed at least 130 Uighur workers transferred from Xinjiang.

The distributors include local branches of McKesson, a multinational giant that owns some of Europe’s largest pharmacy chains and medical wholesalers, and Swedish medical supply firm OneMed, which sold masks to health authorities and national stockpiles across the Nordic and Baltic regions.

Both McKesson and OneMed continued selling Hubei Haixin products throughout 2020, even after the Chinese company was named earlier this year by the New York Times and a think tank, the Australian Strategic Policy Institute (ASPI), as using potentially forced labor by Uighurs.

Reporters also found McKesson and OneMed sold products made by Zhende Medical, a publicly traded Chinese company that has been flagged as risky by rights experts because it has supply chains and subsidiaries in Xinjiang.

In a brief response sent to reporters, McKesson Europe’s public affairs director, Ronan Brett, said: “McKesson Europe is committed to good corporate citizenship and ethical sourcing. Suppliers must agree to McKesson Sustainable Supply Chain Principles (MSSP) which covers compliance with appropriate laws along with adherence to our strict policies on protecting workers, preparing for emergencies, identifying and managing environmental risk, and protecting the environment.” He did not respond to a request for further comment.

coronavirus/Norway-Erna-Solberg.jpg  Credit: Henrik Myhr Nielsen / NRK Norwegian Prime Minister Erna Solberg welcomes a shipment of protective equipment by OneMed on March 23, 2020. The shipment included goods from Hubei Haixin. 

OneMed’s head of operations, Robert Schmidt, said the company found out in late 2019 that the Hubei Haixin factory employed workers from Xinjiang, but continued its relationship with the producer after finding no evidence they were being coerced or mistreated.

“OneMed’s overall assessment is that there is no forced labor or discrimination against the Uighur minority population in our supply chain,” he said. “But we will of course continue to follow the issue and act if we should receive any new information.”

According to documents obtained by reporters, OneMed contacted Hubei Haixin with concerns about Uighur workers in January, and the Chinese factory promised to return them to their homes in Xinjiang at the end of their contract in March. But in reality, the factory continued to employ them until this September, claiming that pandemic movement restrictions prevented the workers from going home. OneMed continued buying the products.

Neither Hubei Haixin nor Zhende Medical responded to requests for comment, but in a statement sent to one of its European distributors, and obtained by reporters, Zhende said, “It is not acceptable in Zhende to engage in or support the use of forced or compulsory labor.”

“The so-called ‘human rights abuses’ in Xinjiang or ‘persecution of ethnic minorities’ are lies of the century made up by extremist anti-China forces,” a representative of the Chinese Embassy in Oslo, Yang Yiding, wrote in a statement to reporters.

China’s Foreign Ministry did not respond to requests for comment.

  Credit: Matteo Civillini Hubei Haixin masks ordered from LloydsPharmacy Italy bear the name of McKesson Global Sourcing Ltd, a U.K. subsidiary of McKesson. 

“Violation of Virtually Any Kind of Ethical Policy”

Over a million Uighurs and other Muslim minorities are believed to have been detained in newly built detention camps in recent years. China describes the camps as re-education facilities intended to combat Islamic radicalism, following a series of deadly inter-ethnic riots in Xinjiang and attacks by Uighur militants on ethnic-majority Han throughout China.

Uighurs have been documented working both in factories within Xinjiang’s detention camps, as well as being sent to regular factories throughout China via labor transfer programs, which are billed as a way of alleviating poverty and countering religious extremism.

It is important to keep reading the full summary found here.

 

China Used ‘Mass Surveillance’ on Thousands of Americans’ Phones

Is the Caribbean Smartphone Market Closer to Asia than America? - Droid  Island

Newsweek reports: A mobile security expert has accused China of exploiting cellphone networks in the Caribbean to conduct “mass surveillance” on Americans.

China Regional Snapshot: The Caribbean - Committee on Foreign Affairs

Gary Miller, a former vice president of network security at California-based analytics company Mobileum, told The Guardian he had amassed evidence of espionage conducted via “decades-old vulnerabilities” in the global telecommunications system.

While not explicitly mentioned in the report, the claims appear to be centered around Signaling System 7 (SS7), a communications protocol that routes calls and data around the world and has long been known to have inherent security weaknesses.

According to Miller, his analysis of “signals data” from the Caribbean has shown China was using a state-controlled mobile operator to “target, track, and intercept phone communications of U.S. phone subscribers,” The Guardian reported.

Miller claimed China appeared to exploit Caribbean operators to conduct surveillance on Americans as they were traveling, alleging that attacks on cell phones between 2018 to 2020 likely affected “tens of thousands” of U.S. mobile users in the region.

“Once you get into the tens of thousands, the attacks qualify as mass surveillance,” the mobile researcher said, noting the tactic is “primarily for intelligence collection and not necessarily targeting high-profile targets.” Miller continued: “It might be that there are locations of interest, and these occur primarily while people are abroad.”

A previous analysis paper covering 2018-2019, also titled Far From Home, contained a series of similar espionage claims about SS7, alleging that “mass surveillance attacks” in 2018 were most prevalent by China and Caribbean mobile networks. More here.

But hold on…. it does not stop there….we also have the Channel Islands…

Pin on Guernsey Island

Remarkable investigative details here.

The Bureau: Private intelligence companies are using phone networks based in the Channel Islands to enable surveillance operations to be carried out against people around the world, including British and US citizens, the Bureau of Investigative Journalism can reveal following a joint reporting project with the Guardian.

Leaked data, documents and interviews with industry insiders who have access to sensitive information suggest that systemic weaknesses in the global telecoms infrastructure, and a particular vulnerability in Jersey and Guernsey, are being exploited by corporate spy businesses.

These businesses take advantage of some of the ways mobile phone networks across the world interact in order to access private information on targets, such as location information or, in more sophisticated applications, the content of calls and messages or other highly sensitive data.

The spy companies see phone operators in the Channel Islands as an especially soft route into the UK, according to industry experts, who say the attacks emanating from the islands appear to be targeted at individuals rather than cases of “mass” surveillance. The Bureau understands that the targets of this surveillance have been spread across the globe, and included US citizens as well as people in Europe and Africa.

Ron Wyden, the Oregon senator and privacy advocate, described the use of foreign telecom assets to spy on people in the US as a national security threat.

“Access into US telephone networks is a privilege,” he said in response to the Bureau’s findings. “Foreign telecom regulators need to police their domestic industry – if they don’t, they risk their country being cut off from US roaming agreements.”

Markéta Gregorová, the European Parliament’s chief negotiator on trade legislation for surveillance technology, called for “immediate regulatory, financial and diplomatic costs on companies and rogue jurisdictions” that enabled these practices.

“Any commercial or governmental entity, foreign or domestic which enables the facilitation of warrantless cyber-attacks on European citizens deserves the full force of our justice system,” she told the Bureau.

21 hardened drug dealers’ at UNC, Duke, App State

Nearly two dozen people, including current and former students at UNC, Duke and Appalachian State universities, have been charged in connection with the investigation of a large-scale drug ring, local and federal law enforcement officials announced Thursday.

Many of the 21 people charged were connected with the Phi Gamma Delta, Kappa Sigma and Beta Theta Pi fraternal organizations, officials said. The investigation is continuing, and more charges are possible.

Thursday’s news conference was held “to save lives,” said Matthew G.T. Martin, U.S. attorney for the Middle District of North Carolina, who was joined at a news conference by Orange County Sheriff Charles Blackwood and other law enforcement officials.

“I want to make this clear,” Martin said outside the Sheriff’s Office in Hillsborough. “This was not the situation where you have single users — a 19-year-old sipping a beer or you have someone who is taking a puff of a joint on the back porch of a frat house. These are 21 hardened drug dealers.”

***

Source: The suspects were responsible for moving thousands of pounds of marijuana, hundreds of kilograms of cocaine, LSD, molly, mushrooms, steroids, HGH, Xanax and other narcotics.

The investigation started years ago. The Orange County Sheriff’s Office and the Drug Enforcement Agency launched an investigation in November 2018 into cocaine being sold in the Chapel Hill area.

It soon became clear that the illegal drug distribution was happening at or near UNC fraternity organizations.

UNC Chapel Hill Investigates Underage Drinking :: WRAL.com

Court filings specifically point to UNC chapters of Phi Gamma Delta, Kappa Sigma, and Beta Theta Pi from 2017-2020 being sites of illegal drug activity.

“Dealers set up inside these houses, poisoning fellow members of their fraternity, fueling a culture. And that’s why I say today is about saving lives. Because this reckless culture has endangered lives,” Martin said.

An Appalachian State fraternity member is also accused of being part of the drug ring, selling to fellow App State students as well as people in Chapel Hill.

Investigators also identified a female Duke student as being responsible for distributing cocaine to students at Duke and to fraternity members at UNC.

A primary supplier from California was the first person charged. According to court documents, from March 2017 until March 22, 2019, he supplied approximately 200 pounds of marijuana and two kilograms of cocaine weekly to a cooperating defendant in Orange County. Law enforcement operations at locations associated with the subject in Carrboro and Hillsborough resulted in the seizure of 148.75 pounds of marijuana, 442 grams of cocaine, 189 Xanax pills, steroids, human growth hormone, other narcotics, and approximately $27,775 in U.S. currency.

The investigation showed that payment for drugs was made using Venmo and by sending cash through the U.S. mail. That supplier pleaded guilty to on Nov. 24 and was sentenced to 73 months in prison.

The five defendants indicted for conspiracy to distribute cocaine and conspiracy to distribute marijuana face terms of imprisonment ranging from 10 years to life.

“College communities should be a safe haven for young adults to get a higher education. Not a place where illegal drugs are easily accessible,” DEA agent Matt O’Brien said. “The arrest of these drug traffickers makes these college campuses and their respective communities safer.”

UNC-Chapel Hill Chancellor Kevin Guskiewicz issued the following statement about the allegations; “We are extremely disappointed to learn of these alleged actions on our campus. The University is committed to working with law enforcement to fully understand the involvement of any university individuals or organizations so that disciplinary action can be taken. Although none of the individuals named today are currently enrolled students, we will remain vigilant and continue to work with our law enforcement partners to identify and address any illegal drug use on our campus. Our community can be certain that the University will enforce the student conduct code to the fullest extent possible.”

China Forces International Criminal court to be Useless

With Beijing not a signatory to the ICC, those bringing the claim of genocide have pointed to the alleged forcing of Uighur people from Tajikistan and Cambodia into China as evidence. Both countries are signatories to the Rome statute setting up the ICC.

“The US government has reason to doubt the honesty of the ICC. The Department of Justice has received substantial credible information that raises serious concerns about a long history of financial corruption and malfeasance at the highest levels of the office of the prosecutor,” Barr said.

He referred to the ICC as “little more than a political tool employed by unaccountable international elites”.

***

Apart from genocide, China has reservations over the definitions of all the other core crimes, namely, crimes against humanity, war crimes and crime of aggression. Throughout the negotiation process, one of the major guiding principles in defining the crimes under consideration was that these definitions should be reflective of customary international law. China opposed the ICC’s jurisdiction over crimes against humanity committed during peacetime, because, it argued that customary international law required a nexus to armed conflict, and without such nexus, the major attributes of the crimes would be changed. China’s objection towards the ICC’s jurisdiction over war crimes committed in non-international armed conflict was similarly raised in the context of customary international law. Moreover, China resisted the inclusion of the crime of aggression under the ICC’s jurisdiction due to the lack of a precise definition on state act of aggression underlying the crime.

So, while world leaders have confirmed Covid-19 came from Wuhan, China, it is unlikely the ICC will ever bring a case against China for the nefarious actions of the pandemic. Meanwhile, there is the matter of the human rights violations by China against the Uighurs.

Uighur model sends rare video from Chinese detention | Fox News

NYT’s: The International Criminal Court has decided not to pursue an investigation into China’s mass detention of Muslims, a setback for activists eager to hold Beijing accountable for persecution of ethnic and religious minorities.

Prosecutors in The Hague said on Monday that they would not, for the moment, investigate allegations that China had committed genocide and crimes against humanity regarding the Uighurs, a predominantly Muslim ethnic group, because the alleged crimes took place in China, which is not a party to the court.

The abuses described “have been committed solely by nationals of China within the territory of China,” said a report by the court’s chief prosecutor, Fatou Bensouda of Gambia.

For months, Uighurs in exile had urged the court to investigate China’s repressive policies against Muslim minorities, the first attempt by activists to use the force of international law to hold Chinese officials accountable for the crackdown. They accused the Chinese government of carrying out a campaign of torture, forced sterilization and mass surveillance against Muslims, among other abuses.

China has faced growing international condemnation for its harsh treatment of Muslims, including the construction of vast indoctrination camps in the western region of Xinjiang. President-elect Joseph R. Biden Jr.’s campaign described China’s actions in Xinjiang as genocide, a position also taken by other Western leaders.

China has denied that the camps are abusive, describing them instead as job training centers aimed at countering religious extremism and terrorism, despite a preponderance of contradictory evidence.

Many Uighurs said on Tuesday that they were disappointed in the court’s decision not to investigate. They vowed to continue to lobby global leaders to punish China for the abuses.

“The I.C.C. was formed for one and only one reason: to confront the most horrific international crimes,” said Fatimah Abdulghafur, a Uighur poet and activist who lives in Australia. “The atrocities of the Chinese regime toward Uighurs are countless.”

Products you buy may have been made in China by forced Uighur labor - Los  Angeles Times article

The complaint against China was filed by two Uighur exile groups, the East Turkistan Government in Exile and the East Turkistan National Awakening Movement.

In addition to abuses against Muslims inside China’s borders, the Uighur groups had also lobbied the court to investigate Beijing for pursuing the repatriation of thousands of Uighurs through unlawful arrests in or deportation from other countries, including Cambodia and Tajikistan.

In its report on Monday, the prosecutor’s office said there was “no basis to proceed at this time” because there did not appear to be enough evidence to show that Chinese officials had committed crimes over which the court had jurisdiction.

“Not all conduct which involves the forcible removal of persons from a location necessarily constitutes the crime of forcible transfer or deportation,” the report said.

Lawyers representing the Uighur groups said they were still hopeful that the court would open an investigation after considering new evidence.

“We have explained we’ve been hampered by Covid restrictions,’’ said Rodney Dixon, who is the lead lawyer in the case. “The prosecutor needs further and concrete evidence from Cambodia and Tajikistan to establish jurisdiction, and we will be providing that early in the year.”

Lawyers following the court said that the prosecutor, whose mandate is coming to an end, had been under time pressure to present her final report to the annual assembly of court members now meeting in The Hague. A new prosecutor will be elected in the coming weeks.