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Hometown: Atlanta
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Member since: Sat Jun 1, 2013, 01:19 AM
Number of posts: 5,320

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In 'Stunning' 2-1 Decision, Appeals Court Says Congress Can't Enforce Subpoena Against Ex-WH Counsel

Source: Law & Crime

A federal appeals court in Washington, D.C. on Monday ruled that the U.S. House of Representatives does not have any legal authority to enforce a subpoena against former White House counsel Don McGahn. In a 2-1 decision penned by Judge Thomas B. Griffith, a George W. Bush appointee, the court reasoned that the Constitution does not grant a congressional committee the power to enforce its own subpoenas, dismissing the case in favor of McGahn.

“Congress has no implied constitutional power to seek civil enforcement of its subpoenas. The Committee thus cannot identify an underlying judicial remedy that could authorize it to invoke the Declaratory Judgment Act,” Griffith wrote. “Because the Committee lacks a cause of action to enforce its subpoena, this lawsuit must be dismissed.”

Judge Griffith stated, however, that while the committee does not currently have such enforcement power, that could be rectified if Congress passed a law granting such authority.

“We note that this decision does not preclude Congress (or one of its chambers) from ever enforcing a subpoena in federal court; it simply precludes it from doing so without first enacting a statute authorizing such a suit,” he wrote. “If Congress (rather than a single committee in a single chamber thereof) determines that its current mechanisms leave it unable to adequately enforce its subpoenas, it remains free to enact a statute that makes the House’s requests for information judicially enforceable. Indeed, Congress has passed similar statutes before, authorizing criminal enforcement in 1857 and civil enforcement for the Senate in 1978.”

Read more: https://lawandcrime.com/high-profile/in-stunning-2-1-decision-appeals-court-says-congress-cant-enforce-subpoena-against-ex-wh-counsel-don-mcgahn/

Man Exonerated in 1983 Rape and Murder After Almost Four Decades Behind Bars

Source: Law & Crime

A man convicted in a 1983 rape and murder in Tampa, Florida is set to be released on Thursday. Thirteenth Judicial Circuit Judge Christopher C. Nash found that the 1985 conviction of Robert DuBoise, 55, in the death of Barbara Grams, 19, is no longer supported by the evidence. This is a result of not just the man’s attorneys from The Innocence Project, but the local prosecutor’s office. They filed a joint motion.

“Today is an important day for justice — justice for the family of a victim and a man convicted of killing her,” Hillsborough State Attorney Andrew Warren said on Wednesday, according to The Tampa Bay Times. “This is painful and tragic. But it’s the truth, and when you tell the truth, justice is done.”

Grams was beaten to death while she was walking home from work, authorities said. Her body was found outside of a dentist office. The state argued that DuBoise, his brother, and a third man all participated in the rape and murder; the brother and the third man were never charged.

Incidentally, a dentist’s expert testimony contributed toward the guilty verdict. Dr. Richard Souviron took the stand to say that a bite mark on Grams’s cheek matched Duboise’s teeth “to a reasonable degree of dental certainty,” according to the Tampa Bay Times. But another dentist who recently looked at the evidence reportedly said that the mark wasn’t from a bite.

Read more: https://lawandcrime.com/crazy/man-exonerated-in-1983-rape-and-murder-after-almost-four-decades-behind-bars/

NASA drops "insensitive" nicknames for cosmic objects

Source: CBS News

NASA is joining the ever-growing list of organizations and companies reexamining its naming system, removing names that are "insensitive" and "harmful" from its vocabulary. Aunt Jemima, The Chicks, Lady A, Mrs. Butterworth's, the Washington Football Team — and now, celestial objects — are all undergoing a rebrand.

"Eskimo Nebula" and "Siamese Twins Galaxy" are just two examples of nicknames that will be retired, the space agency announced this week. "Often seemingly innocuous nicknames can be harmful and detract from the science," it said.

Celestial objects such as planets, galaxies and nebulae are often given unofficial nicknames, since their official names are typically a series of letters and numbers. However, NASA said some of the names are offensive, and they plan to retire them.

"As the scientific community works to identify and address systemic discrimination and inequality in all aspects of the field, it has become clear that certain cosmic nicknames are not only insensitive, but can be actively harmful," the agency said. "NASA is examining its use of unofficial terminology for cosmic objects as part of its commitment to diversity, equity, and inclusion."

Read more: https://www.cbsnews.com/news/nasa-drops-eskimo-nebula-insensitive-nicknames-cosmic-objects/

Gen. Charles Q. Brown takes over Air Force, makes history as first Black service branch chief

Source: Washington Post

Gen. Charles “CQ” Brown became the new chief of staff of the Air Force on Thursday, making history as the first Black chief of a military service and acknowledging the significance to himself and others.

“This is a very historic day for our nation, and I do not take this moment lightly,” Brown said, speaking in a hangar at Joint Base Andrews. “Today is possible due to the perseverance of those who went before me, serving as an inspiration to me and so many others.”

Brown cited as examples the Tuskegee Airmen, an all-Black unit of fighter pilots in World War II; Gen. Benjamin O. Davis Jr., who commanded them and went on to become a general; Brig. Gen. Charles McGee, one of the last surviving Tuskegee Airmen; and Gen. Daniel “Chappie” James Jr., the first Black four-star general in U.S. military history.

Seated in the audience as a special guest was Edward Dwight Jr., a former Air Force test pilot who became the nation’s first African American astronaut candidate. Brown called him “quite an inspiration."

Read more: https://www.washingtonpost.com/national-security/2020/08/06/gen-charles-cq-brown-takes-over-air-force-makes-history-first-black-service-branch-chief/
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