Tuesday, May 31, 2016

Justices Make Moves In Death Penalty Challenges — But Avoid Hearing Any New Cases

Chris Geidner/BuzzFeed

WASHINGTON — The Supreme Court on Tuesday morning took action in three different death penalty cases with a series of moves that prevent the justices from having to hear any of those cases next term.

The justices rejected a request from a Louisiana death row inmate that the high court review the constitutionality of the death penalty itself, but, in another case, tossed out an Arizona death sentence and, in a third case, asked Alabama to review its death sentencing procedures.

The actions come as the nation's high court has slowed down in its granting of new cases for next term in the wake of its continued status as an eight-justice court. Since Justice Antonin Scalia's death on February 13, the court has only granted certiorari a handful of new cases for next term.

The justices moves on Tuesday in the pending death penalty cases continued that trajectory.

The court tossed out Shawn Patrick Lynch's death sentence, granting his case and summarily reversing the Arizona Supreme Court's ruling that upheld his death sentence. The court held — in a brief, unsigned decision — that prior U.S. Supreme Court decisions determined that Lynch should have been able to inform the jury in the sentencing portion of his trial that, if not sentenced to death, he would not have been eligible for parole.

Justice Clarence Thomas, joined by Justice Samuel Alito, dissented from the decision, writing that the move "perpetuates the Court's error" in the prior cases and calling the decision a "remarkably aggressive use of our power to review the States' highest courts."

In the Alabama case, the justices granted Corey Wimbley's certiorari petition, vacated the judgment of the Alabama Court of Criminal Appeals upholding his death sentence, and sent the case back to that court to review the case in light of the U.S. Supreme Court's decision earlier this term declaring Florida's death sentencing procedures to be unconstitutional. In that case, Hurst v. Florida, the justices held that Florida's procedures were unconstitutional because, while juries made a recommendation, the judge was responsible for deciding the sentence in death penalty trials.

Earlier this month, the justices sent another case, that of Bart Johnson, back to Alabama courts for a similar review.

Finally, however, the court declined the request to take on the death penalty itself. In Lamondre Tucker's case, the Louisiana death row inmate asked the justices to hear his case to consider whether the death penalty, at least as to murder convictions, is unconstitutional in all cases.

The justices denied certiorari. In this case, however, the dissent came from the more liberal side of the court. Justice Stephen Breyer, joined by Justice Ruth Bader Ginsburg, reiterated the call he made this past June — writing that the court should have heard Tucker's case "to confront the ... question ... whether imposition of the death penalty constitutes cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments."

Four justices are required to vote to hear a case, however, and that apparently did not happen in Tucker's case. For now, then, Breyer's question will go unanswered.

The court took no action on two other pending capital case petitions, both out of Texas: Duane Buck's case, raising issues of effective assistance of counsel and racism in the capital trial context, and that of Bobby James Moore, raising questions about standards for proving intellectual disability.



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Babies: 10 Photos of Hot Guys with Babies Guaranteed to Make You Swoon

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10 Photos of Hot Guys with Babies Guaranteed to Make You Swoon


It literally can't get any cuter

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Sports: How The Golden State Warriors Survived The West

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How The Golden State Warriors Survived The West


The Warriors complete their playoff comeback against Oklahoma City

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Sports: Curry and Record-Setting Warriors Headed Back to NBA Finals

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Curry and Record-Setting Warriors Headed Back to NBA Finals


Golden State Warriors guard broke the record for 3-pointers in a 7-game series

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Campaign Chair: Clinton Knows Email Setup Was A "Mistake"

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In a memo to top supporters, Hillary Clinton's top official sought to clarify the campaign's response to a new report from the State Department inspector general and move past the controversy that has dogged the candidate now for 15 months.

The 600-word letter from John Podesta, Clinton's chairman and longtime adviser, addresses the report's various findings, but comes back to a single point again and again: that Clinton knows the use of a personal email server was a "mistake."

"And she has taken responsibility for that mistake," Podesta wrote to several hundred of the campaign's most active supporters and financial backers.

The memo, obtained by BuzzFeed News, went out by email over Memorial Day weekend, five days after the release of the highly critical IG report. The investigation, separate from an ongoing FBI inquiry, concluded that Clinton failed during her tenure as secretary of state to comply with record-keeping policies.

In the days after the IG's findings were made public, Clinton made appearances on four television networks to push back on the report as nothing new. "There may be reports that come out, but nothing has changed," she said. “It's the same story.”

(The IG report included some new details of how Clinton’s email arrangement was set up, including correspondence from within the State Department.)

The Podesta memo takes a more contrite posture, reminding backers three separate times that Clinton has called the email setup a mistake and continues to do so in the wake of the IG report. "The secretary has once again acknowledged this was a mistake," Podesta writes. "If she could go back, she’d do it differently."

Podesta also takes up one of the report's key findings: that Clinton's email practices did differ significantly from past secretaries of state, contrary to the candidate's frequent argument that, broadly, her email use was not "unprecedented."

Clinton used a non-government account to conduct government business, as did former secretary of state Colin Powell. But no other former secretary of state has ever maintained their correspondence on a private home-based server.

Although Clinton argued again in a Univision interview on Wednesday that her use of a personal account was "not at all unprecedented," the memo from Podesta alludes to the distinct aspects of her arrangement. At the time, he writes, "she believed she was following the practices of other secretaries and senior officials."

The IG report concluded that Clinton had an "obligation" to discuss such an arrangement with State Department officials, including for security reasons, but found "no evidence" that she "requested or obtained guidance or approval to conduct official business via a personal email account on her private server."

The report came as an unwelcome development for Clinton's campaign, just days before officials expect to clinch the Democratic nomination when polls close on June 7. The email scandal, dragging into its second year, has not helped Clinton fight the perception that she is untrustworthy or often mired in controversy.

"We understand the questions about Secretary Clinton’s email practices," Podesta writes in his memo. But, the he adds, "voters will look at the full picture of everything she has done throughout her career. We have faith in the American people."

Read the full memo below:

To: Interested Parties
From: John Podesta, Campaign Chair
Date: May 28, 2016



As Hillary Clinton nears the point where she will officially clinch the Democratic nomination for President, we intend to spend the coming months focused on the issues of greatest concern to the everyday lives of working families.

However, we know that our opponents will continue to try to distract us with attacks, including on issues like Secretary Clinton’s use of personal email while at the State Department.

Since last year, Secretary Clinton has said her use of a personal email server was a mistake. And while there have been ongoing reviews of this matter, the completion of the Inspector General’s examination gets us one step closer to resolving this.

While the rules surrounding use of a personal email account were clarified after Secretary Clinton left office – and the Inspector General recommends the State Department take measures to even further clarify them – the Secretary has once again acknowledged this was a mistake. And she has taken responsibility for that mistake – including in many interviews she’s done since the report’s release.

What she thought would be a convenient way to communicate with family, friends and colleagues – by using one email account for both her work related and personal emails – has turned out to be anything but convenient. If she could go back, she’d do it differently.

Parts of the report underscore what Secretary Clinton has said all along about her email practices as Secretary of State. For instance, the report confirms Secretary Clinton’s email account was well-known by many State Department officials throughout her tenure, and there is no evidence of a breach of her email server.

Had Secretary Clinton known of any concerns about her email setup at the time, she would have taken steps to address them. She believed she was following the practices of other Secretaries and senior officials.

What has also been missed in a lot of the discussion is that the report brings to light the longstanding and systemic problems in the government’s electronic recordkeeping systems.

Secretary Clinton believed her emails to and from officials on their state.gov accounts were automatically captured and preserved in the State Department’s electronic system.

It was not until the Department contacted her in 2014 that she learned this was not the case. And since then, she has taken unprecedented steps to ensure public access to her emails -- providing the Department with all of her work-related emails, totaling 55,000 pages, and calling for their release.

Secretary Clinton also agrees with the Inspector General’s recommendations that electronic recordkeeping practices and policies need to be upgraded. Printing out 55,000 pages of emails is not a good use of time or resources, nor should it be the standard for preserving records given technology available to us today.

There is a lot at stake in this election. This week Donald Trump officially clinched enough delegates to become the Republican nominee. That means an unqualified loose cannon is within reach of the most powerful job in the world.

While we understand the questions about Secretary Clinton’s email practices, we are confident that voters will look at the full picture of everything she has done throughout her career. We have faith in the American people. They know we have to be focused on solutions that will make a real difference in people’s lives.

Hillary Clinton will continue to dedicate her campaign to getting results on behalf of America’s working families. She rejects the strategy of pitting Americans against each other in favor of an approach that recognizes how much stronger we are when we come together. With your help, we will take that message across the country and earn a great victory this November.



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Monday, May 30, 2016

Sports: The Soccer World Cup Started This Week, But It’s Not the One You Think It Is

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The Soccer World Cup Started This Week, But It’s Not the One You Think It Is


Featuring teams like Kurdistan, Northern Cyprus and Somaliland

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Marco Rubio Says He's Sorry For Implying Donald Trump Has A Small Dick

Marco Rubio said he's sorry for implying Donald Trump has a small penis.

Chris Carlson / AP

Speaking to CNN's Jake Tapper in a piece that aired Sunday, the Florida senator said he had apologized to Trump for the remark made in February.

Rubio said he regretted taking the "below the belt" jab at the presumptive Republican presidential nominee.

"I apologized to him for that," Rubio explained. "I said, 'I'm sorry that I said that. It's not who I am and I shouldn't have done it."

The apology was done behind the cameras during one of the subsequent debates, Rubio said, because he didn't want "any political benefit" from the apology.

The size of Trump's penis became an actual, legitimate, real life, no-foolin' issue in the campaign in February when Rubio made light of what he said were Trump's small hands.

"And you know what they say about men with small hands," Rubio told rowdy supporters, pausing for effect as the crowd laughed. "You can't trust him."

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In the next presidential debate, Trump took some time at the podium to address the size of his hands and his "something else."

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Rubio told Tapper that he didn't like how the joke reflected on his own character.

"It embarrassed my family. It's not who I am," Rubio said. "What I didn't realize was it isn't who I am and if you're not being who you are it doesn't come across well."

Rubio said the comment came at a moment in the election where it was increasingly evident that none of the attacks or criticisms levied at Trump were working.

"This guy is out there every day mocking people, saying horrible things about people, but if you respond to him somehow you are hitting below the belt?" he said. "And he can do that because of whatever reason, he can do that. But I couldn't do that.

"It isn't who I am, it isn't what I do, and by doing that I ended up hurting myself, not him."

You can watch the CNN interview here:

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LINK: Donald Trump Would Like You To Know He Has A Big Penis



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Sunday, May 29, 2016

Sports: Rookie Alexander Rossi Wins the 100th Running of the Indianapolis 500

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Rookie Alexander Rossi Wins the 100th Running of the Indianapolis 500


Carlos Munoz was forced to pit for fuel from the lead with four laps to go

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Sports: Golden State Warriors Rally to Force Game 7 Against the Oklahoma City Thunder

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Golden State Warriors Rally to Force Game 7 Against the Oklahoma City Thunder


Klay Thompson's 41 points and 11 three-pointers saved Golden State's season

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Saturday, May 28, 2016

Sports: 8 Russian Athletes Test Positive for Doping in London Olympics Retests

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8 Russian Athletes Test Positive for Doping in London Olympics Retests


The athletes came from three different sports

Published on May 28, 2016 at 07:04PM

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