Saturday, October 5, 2019

Trump to block immigrants unable to pay for healthcare

Trump to block immigrants unable to pay for healthcareThe US will block the entry of immigrants without health insurance or the ability to pay for medical bills, President Donald Trump revealed Friday. Consular officers will only be allowed to issue visas to prospective immigrants who can prove they "will not impose a substantial burden" on the US health care system, according to a proclamation authored by Trump. "Lawful immigrants are about three times more likely than United States citizens to lack health insurance," Trump said in the proclamation.




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If the House Won’t Vote, Impeachment Inquiry Is Just a Democratic Stunt

If the House Won’t Vote, Impeachment Inquiry Is Just a Democratic Stunt‘The House of Representatives . . . shall have the sole Power of Impeachment.”It’s right there in black-and-white: In article I, section 2, clause 5, our Constitution vests the entirety of the power to call for removal of the president of the United States in a single body — the House.Not in the Speaker of the House. In the House of Representatives. The institution, not one of its members.To be sure, Speaker Nancy Pelosi is a very powerful government official: second in the line of succession to the presidency; arguably, the most powerful member of Congress. She wields decisive influence on the business of her chamber. She even has the power to induce the House to vote on whether to conduct an impeachment inquiry.But she does not have the power to impeach on her own.In the end, Speaker Pelosi is just one member, a representative elected biannually by one district (in her case, the 12th district of California, centered in San Francisco and not particularly representative of the nation at large). Sure, she enjoys primus inter pares status because she is chosen by a majority of the House’s 435 members. But like each of those other members, her vote counts as just one — in a body that generally requires 218 votes to get the important things done.She is the Speaker. She is not the House. She does not have the authority to call for the president’s removal. She can argue for it, like the other members. She can vote on it, like the other members. But she cannot do it by herself. Only the House, acting as an institution, can do that.The House acts by voting. It has never voted to conduct an inquiry into whether President Trump should be impeached. Consequently, there is no House impeachment inquiry. There is a partisan exhibition of synchronized dyspepsia.This exhibition includes strident letters from a cabal of committee chairs, all Democrats, falsely claiming that a refusal by Trump-administration officials to comply with their demands for information and testimony “shall constitute evidence of obstruction of the House’s impeachment inquiry.”In point of fact, the House has no impeachment inquiry; congressional Democrats have an impeachment political campaign.Under federal law, the offense of obstructing Congress applies when “any inquiry or investigation is being had by either House, or any committee of either House.” Again, neither the House nor any of its committees has voted to conduct an impeachment inquiry. There is no formal impeachment proceeding to obstruct. Furthermore, the letters in question are not actually demands carrying the compulsory force of law; technically, they are just informal requests. No one is required to comply with a mere request, and refusing to do so is not evidence of anything, let alone obstruction.The House has issued some subpoenas. For example, the House Oversight Committee has just directed a subpoena to the White House, addressed to chief of staff Mick Mulvaney, reportedly demanding the production of a vast array of records (documents, communications, etc.) pertaining to the president’s conduct of relations with Ukraine.Typical of the Democrats’ legerdemain in this matter, the Oversight Committee has not voted to conduct an impeachment inquiry, nor did it vote to issue subpoenas (as, by contrast, the Oversight Committee voted to subpoena the White House just a few weeks ago for records germane to a suspected violation of federal recordkeeping laws). Instead, Chairman Elijah Cummings (D., Md.) strategically waited until the House closed for a two-week recess; then issued a memo on Wednesday, absurdly claiming that there was too much urgency to wait so a vote could be taken; then issued the subpoena late Friday, thus ensuring that no Republican could object and no Democrat would be forced to go on record supporting impeachment, which much of the public strongly opposes. Under House rules, the Oversight chairman has been delegated unilateral authority to issue subpoenas, so the subpoena is valid, but it is also pure gamesmanship.So is the explanation for the subpoena — offered in a letter that Chairman Cummings jointly signed with Chairmen Adam Schiff and Eliot Engel, respectively of the Intelligence and Foreign Affairs Committees. After a couple of pages of throat-clearing about the purported “impeachment inquiry,” the chairmen observe that, even without such an inquiry, the Oversight Committee has its own independent authority to conduct oversight investigations and issue subpoenas. In other words, information is actually being demanded under Congress’s routine authority to scrutinize executive activities. There would be nothing extraordinary about it . . . except that senior Democrats have decided to hang an “impeachment” sign on the exercise, hoping you won’t notice that the House has not voted to explore impeachment, and that its Democratic leaders are going out of their way to avoid such a vote.In their letter, Cummings, Schiff, and Engel give Mulvaney the Democrats now standard admonition about obstruction. It is nonsense. Even when a formal House committee proceeding is underway, such that the obstruction statute could clearly apply, there is no legal presumption that the recipient’s refusal to comply with a subpoena is evidence of obstruction.Obstruction happens when there is tampering with documents or witnesses. Presumptively, a person who refuses to comply with a lawful document demand is not tampering with the documents; to the contrary, the subpoena recipient is asserting a legal claim of privilege that excuses compliance. If I am a lawyer, for example, and a congressional committee subpoenas notes from my meeting with a client, my refusal to surrender the notes is not an obstruction of the House’s investigation. It is an assertion that the attorney–client privilege justifies my withholding of confidential communications. If I am right about that, the legal wrong is Congress’s issuance of a subpoena, not my refusal to honor it.But am I right about it? We won’t know until we go to court and sort it out. Until a subpoena is litigated, it is scurrilous to claim, as Democrats do, that noncompliance with it amounts to felony obstruction. And equally scurrilous is the Democratic chairmen’s extortionate claim that noncompliance creates “an adverse inference” against the president and his chief-of-staff. If a prosecutor claimed that a suspect’s refusal to answer questions created an adverse inference of guilt, Democrats would likely have the prosecutor brought up on disciplinary charges for flouting the Fifth Amendment. There is no adverse inference drawn against a person who, in good faith reliance on a lawful privilege that plausibly applies, refuses to comply with a government demand.Congressional Democrats are well aware of this. What do you suppose would happen if the Justice Department or a litigant in a civil case decided to issue a grand-jury or trial subpoena to a member of Congress, or a House staffer? Actually, you need not suppose, because the House has elaborate rules for this situation (they’ve been in place for years, with each new Congress essentially reaffirming them — see, e.g., here, pp. 5–6). The House prescribes a thorough review, with paramount consideration of all “the privileges and rights of the House” to withhold information from the executive branch, the grand jury, the courts, and the public. The demand is examined so that the House may make its own determination of whether the information sought is relevant and material to the investigation or proceeding in question (i.e., do they really need this information? Is the demand overly broad and intrusive?). And most significantly, the House weighs its constitutional immunity, particularly under the Speech or Debate Clause, to refuse compliance even if the evidence in question is critical. As any lawmaker will tell you, when the House relies on its privileges to tell an investigator to go pound sand, that is not obstruction; it’s the law.So, too, for the president. The conduct of foreign relations is a near-plenary power of the chief executive. We are not talking here about oversight of executive agencies created by Congress. The committees are aiming their subpoena demands at the place where the president’s constitutional power and privileges are at their most formidable. Of course the White House is not going to start surrendering records just because Chairman Cummings wrote a subpoena. This is going to be a protracted court battle, not because anyone is obstructing but because both sides have legitimate interests to protect.Now, let’s be clear about something.None of us should object in principle to the Democrats’ position that they are entitled to explore whether the president should be impeached. I do not agree that President Trump has committed high crimes and misdemeanors. But to the extent Democrats do, or at least say they do, they have the authority to make that case to the country.In 2014, I wrote a book called Faithless Execution, which explored the case for impeaching President Obama. Naturally, I was castigated in Democratic (and many Republican) circles for having the temerity to mention the I-word in connection with The One. But that was to be expected — which, essentially, was my point.The Framers designed impeachment as a political remedy, not a legal one. I argued not that President Obama was a bad person but that he was behaving as the kind of chief executive the Framers feared — i.e., defying, in several ways, the separation-of-powers structure of the Constitution. Nevertheless, because impeachment is political, it is not enough to have acts that arguably qualify as impeachable abuses of power; there must also be a public consensus that gives Congress the political will to remove the president from power.That will does not spontaneously appear. It is up to Congress to build a political case that convinces Americans. It must be a strong case that cuts across partisan lines, because impeaching a president is a profound challenge to national cohesion, and because the two-thirds’ supermajority vote required in the Senate for removal ensures that impeachment is reserved for only truly egregious misconduct.Therefore, if lawmakers have a genuine belief that the president should be removed, it is their obligation to make that political case to the public, and they must have the opportunity to do so. I concluded that it would be foolish to attempt to impeach Obama absent public support for his removal. If you’re really worried about abuse of power, an unsuccessful impeachment attempt is apt to encourage more of it. My point, though, was to stress how essential impeachment was in the Framers’ design — “indispensable,” as Madison put it. If congressional Republicans believed it would be too politically damaging to try to build the case for impeachment, that was a rational choice, but one that had real downsides — namely, if there is no credible threat of impeachment, a president has no incentive to modify his behavior; the president is free to ignore laws and constitutional restraints, limited only by his own sense of political vulnerability.While I don’t share their conclusions, I have a grudging admiration for the Democrats’ willingness to do what Republicans would not: Make the public case that a president they see as deeply objectionable should be ousted. Making the case does not oblige congressional Democrats to vote on articles of impeachment; they are entitled to explore whether there should be articles of impeachment.But the question is: Do the Democrats have a good-faith belief that President Trump has engaged in high crimes and misdemeanors, or are they engaged in a political stunt, the objectives of which are to appease irrational elements of their base and to batter Trump for 2020 election purposes?If they have a good-faith belief that the president’s impeachment must be considered, they owe it to the country to vote on conducting an impeachment inquiry, rather than continue dodging accountability. Indeed, if Democrats really believe what they say — if they really believe there have been appalling abuses of power, rather than mere missteps or political disputes — then they should be proud to vote on it.Only the House can impeach the president. If there is to be an inquiry about invoking this most solemn and consequential of the House’s powers, the House must vote to conduct it. It is not for the Speaker and her adjutants to decree that there is an inquiry. If the inquiry is to be legitimate, the House as a whole must decide to conduct it.Members of the House are the representatives of the sovereign — the People. In November 2020, the People are scheduled to vote on whether Donald Trump should keep his job. If Democrats, who control the House, truly believe the president has committed impeachable offenses and is so unfit for his duties that we can’t wait just 13 months for the sovereign to render that verdict, then they should vote to conduct an impeachment inquiry. If they are afraid to vote on it, then they shouldn’t be doing it. And, as their committee chairmen are fond of saying, we should draw a negative inference against them.




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Exclusive: Trump Shows 'No Interest' in New North Korea Missile Threat, Prepares Diplomatic Offer

Exclusive: Trump Shows 'No Interest' in New North Korea Missile Threat, Prepares Diplomatic OfferSources tell TIME that President Trump "didn't care" about a new North Korea missile threat and wants to move forward with talks with North Korea.




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Woman charged with false rape report faces trial in Kansas

Woman charged with false rape report faces trial in KansasA University of Kansas student who is charged with making a false rape report will go on trial this month after a judge denied motions to dismiss charges and suppress portions of the case, much to the chagrin of defense attorneys who say police botched the investigation. Judge Amy Hanley's ruling on Thursday means the trial will begin as scheduled on Oct. 28, The Kansas City Star reported.




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Six elephants die while trying to save each other in 'Hell's Abyss' Thai waterfall

Six elephants die while trying to save each other in 'Hell's Abyss' Thai waterfallSix wild elephants drowned after slipping off a waterfall in northeast Thailand, authorities said on Saturday, with two others saved after they became stranded while apparently trying to rescue one of those that fell into the current. Officials in the northeastern Khao Yai national park were alerted to elephants "crying" for help at 3am, the Thai Department of National Parks, Wildlife and Plant Conservation said in a statement. Hours later, they found six bodies at the bottom of the gushing Haew Narok ("Hell's Abyss") waterfall. Two of the elephants had apparently attempted to save one of those that fell, but they found themselves trapped on a thin, slippery sliver of rock above the churning waters. Video showed another of the hulking animals struggling desperately to get back up to where the pair stood. Park officials tossed food laced with nutritional supplements in an attempt to boost their energy and give them the strength to climb back up into the forest. They later said the two had been rescued but were extremely distressed. Parks department spokesperson Sompoch Maneerat said it was unclear what caused the accident. "No one knows for sure the real cause of why they fell, but there was heavy rain there last night," he told AFP. The waterfall was closed to tourists as the rescue took place. Elephants are Thailand's national animal and live in the wild in parts of the country, but their numbers have dwindled to only a few thousand. Deforestation has pushed the wild population into closer contact with humans in recent decades and away from their natural habitats.




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Sasse Breaks with Republicans to Condemn Trump’s Suggestion China Should Investigate Biden

Sasse Breaks with Republicans to Condemn Trump’s Suggestion China Should Investigate BidenSenator Ben Sasse offered the strongest criticism yet from a Senate Republican of President Trump's suggestion that China investigate Democratic presidential candidate Joe Biden's son's business dealings."Hold up: Americans don’t look to Chinese commies for the truth. If the Biden kid broke laws by selling his name to Beijing, that’s a matter for American courts, not communist tyrants running torture camps," the Nebraska Republican said in a statement to the Omaha World-Herald.Sasse's condemnation came a day after Trump accused the former vice president's son, Hunter Biden, of engaging in “crooked” business dealings with Ukraine and China.Trump accused the younger Biden of flying on Air Force Two in 2013 with his father, then the vice president, in order to obtain $1.5 billion from Chinese investors for his private equity fund."China should start an investigation into the Bidens,” the president told reporters Thursday outside the White House. “He got kicked out of the Navy. All of the sudden he’s getting billions of dollars. You know what they call that? They call that a payoff.”The president added that "if [Ukraine] were honest about it they’d start a major investigation into the Bidens."Sasse did not spare House Intelligence Committee Chairman Adam Schiff in his remarks either, accusing the California Democrat of partisanship in the House's formal impeachment inquiry against the president.“Congressman Schiff is running a partisan clown show in the House — that’s his right because the Constitution doesn’t prohibit clown shows, but fortunately, in the Senate, we’re working to follow the facts one step at a time,” Sasse said.Sasse sits on the Republican-led Senate Intelligence Committee, which is working on its own investigation into the whistleblower complaint accusing Trump of a potential quid pro scheme with Ukraine involving the temporary withholding of U.S. military aid on the condition that Ukraine investigates the Bidens.Another Republican senator, Ron Johnson, defended Trump's comments on China."First of all one of my comments would be as a member of the Democratic Party wouldn't you want to know if there's some real corruption before you choose Joe Biden," the Wisconsin senator said.




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Hong Kong goes quiet as subway, shops close after night of violence

Hong Kong goes quiet as subway, shops close after night of violenceHong Kong fell eerily silent on Saturday, with the subway and most shopping malls closed in an unprecedented shutdown of one of the world's biggest commercial centers after the government invoked emergency measures to curb months of unrest. Hundreds of anti-government protesters defied a ban on face masks and took to the streets across the Chinese-ruled city earlier in the day. Rail operator MTR Corp suspended all services, paralyzing transport in the Asian financial hub, while malls and shops closed early after a night of chaos in which police shot a teenage boy and protesters torched businesses and metro stations.




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Pro-Trump group takes credit for woman talking about eating babies at AOC town hall

Pro-Trump group takes credit for woman talking about eating babies at AOC town hallAt a town hall for Rep. Alexandria Ocasio-Cortez, D-N.Y., a woman in a T-shirt that read “Save the planet Eat the Children” stood up and suggested people should eat babies to fight climate change. A pro-Trump group, LaRouchePAC, took credit for the stunt.




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At least four killed in cargo plane crash landing in Ukraine

At least four killed in cargo plane crash landing in UkraineAt least four crew were killed on Friday when a Ukrainian Antonov-12 cargo airplane made an emergency landing near the western airport of Lviv after disappearing from radar, officials said. One of the crew had called the service at 7:29 a.m. to report the emergency landing of the plane, which was found 1.5 km (1 mile) from the airport. The landing was made 'in connection with the end of the fuel', Ukrainian Infrastructure Minister Vladyslav Kryklii said later on Facebook, adding that the plane had been flying to Lviv from Spain.




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WKD: Russia Is Giving Its Su-57s Anti-Ship Missiles To Fight The U.S. Navy

WKD: Russia Is Giving Its Su-57s Anti-Ship Missiles To Fight The U.S. NavyThe Navy has its hands full.




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Defending the indefensible? The 10 ways Trump and his supporters are fighting back against impeachment

Defending the indefensible? The 10 ways Trump and his supporters are fighting back against impeachmentRepublicans are privately said to be very worried.The wayward, scattershot approach adopted by Donald Trump and the White House as the president is confronted by the threat of impeachment, does not appear to working.




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Fourteen-year-old shot in clashes between Hong Kong protesters and police in wake of face mask ban

Fourteen-year-old shot in clashes between Hong Kong protesters and police in wake of face mask banA 14-year-old boy was shot as clashes broke out between protesters and police in Hong Kong on Friday in the wake of a blanket ban on face masks.  Demonstrators stormed the city’s shopping district and set fire to Chinese banks.  Police said a 14-year-old boy was shot in the thigh, but said it was unclear if he was hit by a stray bullet or shot by a police officer who fired his gun after being attacked by a group of protesters. The Hospital Authority said a 14-year-old boy was taken to hospital and was last night in serious condition. The incident would mark the second time live rounds have been fired against protesters since the demonstrations began. The face-mask ban invokes colonial-era emergency powers for the first time since the UK handed the city back to China in 1997. Police fired tear gas and all metro services to Hong Kong Island were halted as some stations also came under attack from protesters. The new face mask law will ban demonstrators from covering their faces in full or partially to prevent their identification during protests, marches or illegal assemblies, with violators facing up to one year of imprisonment or a maximum fine of $3,190. Authorities sent in rows of riot police to quell the protests Credit: NICOLAS ASFOURI/AFP At a press conference flanked by her most senior ministers, Carrie Lam, the embattled Chief Executive, said the government enacted the unpopular measure out of duty to “end violence and restore order” to the city, which was now in a “very critical state of public danger” after four months of anti-government protests. The decision to invoke the colonial-era Emergency Regulations Ordinance to push through the face mask ban was “difficult but necessary for the public interest” after scenes of chaos and panic, she argued. As protesters gathered following the announcement, China voiced support for "extremely necessary" ban. The new law is aimed primarily at students, the most active participants in the city’s protests, which began in June against a contentious bill that would have allowed extradition to mainland China, but has since snowballed into a demand for greater rights, including universal suffrage. Schools across the financial hub have already been issued with details of the “Anti-mask act.” The ban was introduced after the worst street violence in decades this week when an 18-year-old demonstrator was shot and critically wounded during a clash with the police. However, the dramatic step by Carrie Lam’s government threatens to inflame tensions further. Hong Kong chief executive confirmed the ban on Friday Credit: PHILIP FONG/AFP Opponents of the measure fear that the use of the Emergency Regulations Ordinance – a colonial-era law first used by the British government to quell a seamen’s strike in Hong Kong harbour in 1922 – could open the door to sweeping controls. They fear that the government could use the ordinance as a form of martial law that would permit authorities to implement any new regulation the government believes would help end “an occasion of emergency or public danger.” Examples could include greater powers to arrest citizens, censor publications, shut off communications networks and search premises without warrants.




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Anti-Muslim Group, ACT for America, to Host Gala at Mar-a-Lago


By BY MARIEL PADILLA from NYT U.S. https://ift.tt/31Nn8qk

Dallas ex-cop's conviction: Was justice served?

Dallas ex-cop's conviction: Was justice served?Former Dallas police officer Amber Guyger was sentenced to 10 years in prison for the murder of her neighbor Botham Jean. Guyger said she had accidently entered Jean's apartment thinking it was her own and shot him because she believed he was an intruder.




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The Latest: Iraq Parliament speaker says he supports demands

The Latest: Iraq Parliament speaker says he supports demandsAn influential Iraqi Shiite cleric has called on the government to resign and early elections be held to bring the country out of a crisis that has left more than 50 dead in four days. Earlier in the day, al-Sadr's Sairoon political bloc in parliament that came in first in last year's national elections said it was suspending participation in parliamentary activities until the government introduces a program that serves Iraqi aspirations. Since the spontaneous rallies began Tuesday, security forces have fired live rounds and tear gas every day to disperse them in multiple provinces.




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The Entire World Knows That Protester Was Shot in Hong Kong

The Entire World Knows That Protester Was Shot in Hong KongBeware Beijing: Everyone is watching you now.




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Vintage airplane pilots shaken by Connecticut crash of B-17

Vintage airplane pilots shaken by Connecticut crash of B-17The deadly crash of a B-17 bomber in Connecticut has shaken the ever-smaller community of pilots who fly World War II-era planes that they say offer both unique challenges and thrills. Seven people were killed when the plane crashed and burned Wednesday about eight minutes after taking off from Bradley International Airport. The pilot, Ernest "Mac" McCauley, 75 who was regarded as one of the most experienced B-17 pilots in the country, reported a problem with an engine, turned back to the airport and touched down before losing control on a runway and crashing into a de-icing facility.




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Giuliani plays down role in proposed Ukraine statement on corruption

Giuliani plays down role in proposed Ukraine statement on corruptionKurt Volker, Trump's former envoy to Ukraine, told lawmakers on Thursday that Giuliani had said the statement should include a reference to a gas company on which the son of Trump's political rival, Joe Biden, had served as a board member.     Giuliani said Volker and Gordon Sondland, the U.S. ambassador to the European Union, came to him about the proposed statement on corruption and asked for his advice on what should be in it.




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Jury convicts man in killing of Chicago boy lured into alley

Jury convicts man in killing of Chicago boy lured into alleyProsecutors contended that Dwright Boone-Doty and fellow gang member Corey Morgan planned the November 2015 killing of Tyshawn Lee before Boone-Doty took a gun Morgan gave him and shot the boy. The Cook County jury that found Boone-Doty guilty deliberated for a little more than two hours after a long day of closing arguments. A separate jury will decide Morgan’s fate, and the judge ordered those jurors sequestered for the night after they didn’t reach a verdict.




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Hong Kong goes quiet as subway, shops close after night of violence

Hong Kong goes quiet as subway, shops close after night of violenceHong Kong fell eerily silent on Saturday, with the subway and most shopping malls closed in an unprecedented shutdown of one of the world's biggest commercial centers after the government invoked emergency measures to curb months of unrest. Hundreds of anti-government protesters defied a ban on face masks and took to the streets across the Chinese-ruled city earlier in the day. Rail operator MTR Corp suspended all services, paralyzing transport in the Asian financial hub, while malls and shops closed early after a night of chaos in which police shot a teenage boy and protesters torched businesses and metro stations.




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Jury finds Chicago gang member guilty in the murder of 9-year-old Tyshawn Lee

Jury finds Chicago gang member guilty in the murder of 9-year-old Tyshawn LeeA jury found gang member Drwight Boone-Doty guilty Thursday in the murder of Tyshawn Lee, a 9-year-old boy was shot and killed.




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Dallas ex-cop's conviction: Was justice served?

Dallas ex-cop's conviction: Was justice served?Former Dallas police officer Amber Guyger was sentenced to 10 years in prison for the murder of her neighbor Botham Jean. Guyger said she had accidently entered Jean's apartment thinking it was her own and shot him because she believed he was an intruder.




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Top Biden Donors Gather Amid Storm Clouds Over Campaign


By BY SHANE GOLDMACHER from NYT U.S. https://ift.tt/2AMV7mQ

Guardian identified for small child found wandering Sunday morning by Fort Myers police

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