April 2023 – dwkcommentaries

U.S. Should Release All Guantanamo Prisoners and Close Down

A New York Times editorial starts with the factual assertion that “30 men . . . [are] still imprisoned at the U.S. naval base whose name has become synonymous with American shame.” Although President Biden “said at the outset of his administration that he would seek to have the detention center closed . . . the moral imperative and the ethical case for doing so has only gotten stronger with time.”[1]

Such closure, per the editorial, requires the President “to find countries willing to take 16 [of them] who are deemed to post no terror threat and have been cleared to leave” and “to clarify the ‘policy principles that would open the way for plea bargains for those [14] cases in which convictions are no longer possible.”

Although the President “has full authority to clear these hurdles and either repatriate the remaining prisoners or get them to a plea bargain,” he “needs to ensure that the task has the highest priority.”

The editorial concluded with testimony before the Senate Judiciary Committee from Retired Marine Brig. Gen. John Baker, who had served as chief defense counsel at the base for six and a half years. “The best that can be hoped for at this point, more than 20 years after the crimes were committed, is to bring this sordid chapter of American history to an end. And that end can only come through a negotiated resolution of the cases.”

Other Recent Developments Regarding Guantanamo

The editorial started by acknowledging that after nearly 21 years of detention the U.S. had just released an Algerian to his home country after never having been charged with any crimes by the U.S. [2]

On the same day as the editorial, a senior official of the International Committee of the Red Cross expressed alarm about deteriorating health conditions and inadequate preparations for aging prisoners at Guantanamo.[3]

Earlier this month the D.C. Circuit Court of Appeals, en banc, refused to rule on whether a Guantanamo detainee from Yemen who had been detained in Guantanamo for 20 years had due process rights under the U.S. Constitution’s Fifth Amendment and remanded the case to the district court to determine whether he should be released because the U.S. no longer considers him to be a security threat.[4]

Conclusion

Release all the prisoners and close Guantanamo as soon as possible!

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[1] Editorial, Biden Can Close the Legal Black Hole at Guantanamo, N.Y. Times (April 29, 2023)

[2] Rosenberg, Pentagon’s Repatriation of Algerian Leaves 30 Prisoners at Guantanamo, N.Y. Times (April 20, 2023)

[3] Rosenberg, Red Cross Expresses Alarm Over Detainee Health at Guantanamo Bay, N.Y. Times (April 21, 2023)

[4] Weiner & Hsu, Divided court leaves constitutional issue at Guantanamo unresolved, Wash. Post (April 12, 2023); Opinion, Al-Hela v. Biden, U.S. Court of Appeals, No. 19-5079 (D.C. Cir. April 4 & 12, 2023).

Reasonable Proposal for Solving U.S. Debt Ceiling Crisis

U.S. Representative Jared Golden, a pro-choice, pro-gun Democrat from a pro-Trump district in the backwoods of Maine, has proposed what a Washington Post columnist (Steven Pearlstein) calls “a reasonable plan to tame runaway budget deficits.”[1]

Golden’s letter to his constituents “starts by acknowledging the obvious political reality that in a deeply divided country with an evenly divided Congress, bipartisan compromise is inevitable. And this letter acknowledges the economic reality that running big deficits not only stokes inflation but risks triggering a debt spiral in which interest payments eventually consume the entire federal budget. The immediate challenge, he writes, is to stabilize deficits so the nation’s debt grows no faster than the nation’s income.”

To meet this challenge, “Golden sets a target of reducing borrowing by $250 billion a year in each of the next two years:”

“Half would come through spending caps such as those floated by Republicans: capping inflation-adjusted “discretionary” spending (everything other than Social Security and Medicare) at last year’s levels, along with rescinding student debt cancellation and recapturing unspent covid funding.”
“The other half would come from raising additional revenue in ways long favored by Democrats: raising the tax rate on big corporations to 25 percent, imposing a surtax on corporate stock buybacks, and rescinding the Trump tax cut for individuals making more than $400,000 a year.”

Reaction

Although this blogger has not studied the many details of the current debt ceiling crisis, I endorse Representative Golden’s proposal as a good place to start.

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[1] Perlstein, Amid the debt ceiling madness, a lonely voice of sanity emerges, Wash. Post (April 24, 2023); Jared Golden, A letter from Congressman Golden (April 14, 2023).

Protections for U.S. Child Labor Need Improvement

After noting that Iowa and other states are reducing child-labor protections to 19^th century levels while U.S. child labor-law violations have been increasing, a Washington Post editorial says “lawmakers and other leaders at the state and federal levels should increase [such protections].Children, including migrant youths, should be in school. . . . The Labor Department needs to step up enforcement, and Congress should increase fines for companies that hire children. The maximum fine is currently $15,000 per occurrence — a pittance. It’s also not enough to raid one factory. Often, a crackdown at one leads young workers to move to another nearby.”[1]

In addition, “the Health and Human Services Department is responsible for releasing migrant children from detention centers to “guardians” in the United States. It’s become clear that a growing number of children are not being released to relatives and are in danger of being trafficked. The HHS process needs to change. Mr. Biden can also step up enforcement of anti-trafficking laws already on the books.”

“Most of all, people who see wrongdoing should be empowered to speak up. Teachers, especially those in English language learner classrooms, can see which students are falling asleep in class because they worked all night, or notice when someone suddenly drops out. Religious leaders also are often on the front lines. Whistleblowers in the community require clear places to report child labor, and agencies that receive the warnings must follow up.”

“Nearly a century [after the adoption of the 1938 U.S. child-labor protections], it should not take more adolescent deaths for lawmakers to once again protect children from dangerous jobs.”

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[1] Editorial, Children don’t belong in factories or freezers—or on construction sites, Wash. Post (April 22, 2023). See also Dreier, As Migrant Children Were Put to Work, U.S. Ignored Warnings, N.Y. Times (April 17, 2023). But see Krugman, How Immigrants Are Saving the Economy, N.Y. Times (April 13, 2023) (“Recent immigrants are overwhelmingly working-age adults; according to census data, 79 percent of foreign-born residents who arrived after 2010 are between the ages of 18 and 64, compared with only 61 percent for the population at large. So the immigration surge has probably been a significant contributor to the economy’s ability to continue rapid job growth without runaway inflation.”).

State Department Secret Memo from 1960 Set Basis for Subsequent U.S. Policies Regarding Cuba

On April 6, 1960, Deputy Assistant Secretary of State for Inter-American Affairs, Lester Mallory, wrote a Secret Memorandum for Roy Richard Rubottom, Jr., who then was Assistant Secretary of State for Western Hemisphere Affairs, titled “The Decline and Fall of Castro.” [1]

This memo first set forth the following facts about Cuba that Mallory thought were established:

“The majority of Cubans support Castro (the lowest estimate I have seen is 50 percent).”
“There is no effective political opposition.”
“Fidel Castro and other members of the Cuban Government espouse or condone communist influence.”
“Communist influence is pervading the Government and the body politic at an amazingly fast rate.”

Therefore, Mallory asserted, “The only foreseeable means of alienating internal support is through disenchantment and disaffection based on economic dissatisfaction and hardship.” (Emphasis added.)

Mallory then said, “If the above are accepted or cannot be successfully countered,, it follows that every possible means should be undertaken promptly to weaken the economic life of Cuba. If such a policy is adopted, it should be the result of a positive decision which would call forth a line of action which, while as adroit and inconspicuous as possible, makes the greatest inroads in denying money and supplies to Cuba, to decrease monetary and real wages, to bring about hunger, desperation, and overthrow of government.” (Emphasis added.)

According to U.S. historian Thomas G. Patterson, Mallory became “the official most responsible for defining United States Cuban policy” in the years immediately surrounding the 1959 Cuban revolution.[2]

On February 2, 2022, which was the 60^th anniversary of President John F. Kennedy’s “executive order imposing ‘an embargo on all trade with Cuba,’ the [U.S.] National Security Archive . . .[posted] a collection of previously declassified documents that record the origins, rationale, and early evolution of punitive economic sanctions against Cuba in the aftermath of the Castro-led revolution. The documents show that the initial concept of U.S. economic pressure was to create ‘hardship’ and ‘disenchantment’ among the Cuban populace and to deny ‘money and supplies to Cuba, to decrease monetary and real wages, [and] to bring about hunger, desperation, and the overthrow of [the] government.’ However, a CIA case study of the embargo, written twenty years after its imposition, concluded that the sanctions ‘have not met any of their objectives.’” (Emphasis added.)[3]

Cuba’s Reactions to the Mallory Memorandum[4]

A year after the release of the Mallory Memorandum, Cuba’s Foreign Minister Bruno Rodriguez Parrilla “condemned . . . the validity of [this document] and its repercussions on the economic, commercial and financial blockade imposed by the U.S. on our country on the occasion of the 63rd anniversary of the promulgation of the document. . . [Such] inhuman policy of maximum pressure and economic asphyxiation ignores the universal clamor for a better Cuba without a blockade. “The Foreign Minister added, “the U.S. government applies the script of the Mallory Memorandum, enacted 63 years ago,” but fails in its “attempt to subjugate a sovereign nation, a bastion of dignity and creative resistance.”

Conclusion

Although this blogger has done a lot of independent research and writing of blog posts about U.S.-Cuba relations, including criticism of many U.S. policies regarding the island, he had never heard of Mallory or this long-held secret document until now and is surprised that the first official Cuban comment regarding the Mallory memorandum that he has found occurred a year after its secret status was rescinded.

Comments from readers of this blog with insights on these issues would be appreciated.

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[1] State Department , Memorandum, “The Decline and Fall of Castro, SECRET, April 6, 1960; State Department Office of the Historian , Roy Richard Rubottom Jr.,

[2] R. Richard Rubottom, Who Helped Shape Cuban Policy, Dies at 98, N.Y. Times ( Dec. 19, 2010).

[3] National Security Archive, Cuba Embargoes: U.S. Trade Sanctions Turn Sixty (Feb. 2, 2022). This release included “A Brief Chronological History of the U.S. Embargo Against Cuba” that started with the Mallory Memorandum. The author of this “History” was William M. LeoGrande, a noted scholar of U.S. -Cuba relations.

[4] Cuban Foreign Minister condemns the validity of the Mallory Memorandum and its repercussions on U.S. policy toward Cuba, Granma (Apr. 20, 2023)

Minnesota Court of Appeals Affirms Chauvin’s State Court Conviction for Killing of George Floyd

On April 17, 2023, the Minnesota Court of Appeals affirmed Derek Chauvin’s state court conviction, after a jury trial, for second-degree unintentional murder, third-degree murder and second-degree manslaughter in the May 2020 death of George Floyd.[1]

This blog already has provided extensive information about the actual killing of Mr. Floyd,[2] and Chauvin’s criminal trial,[3]

Minnesota Appellate Court’s Opinion[4]

The appellate decision was set forth in an unanimous 50-page decision authored by Presiding Judge Peter M. Reyes, Jr. that was joined by Appellate Judge Elise L. Larson and Senior Appellate Judge Roger M. Klaphake (serving by appointment as a Senior Judge of that court).

After the first 48 pages providing great details about the law and facts of this case, the court sets forth the following “DECISION:”

“Police officers undoubtedly have a challenging, difficult, and sometimes dangerous job. However, no one is above the law. When they commit a crime, they must be held accountable just as those individuals that they lawfully apprehend. The law only permits police officers to use reasonable force when effecting a lawful arrest. Chauvin crossed that line here when he used unreasonable force on Floyd.”
“We hold that, when a criminal defendant moves to change venue, continue trial, or sequester the jury alleging that publicity surrounding the trial created either actual or presumed juror prejudice, a district court does not abuse its discretion by denying the motions if it takes sufficient mitigating steps and verifies that the jurors can set aside their impressions or opinions and deliver a fair and impartial verdict. We also hold that a police officer can be convicted of second-degree unintentional felony murder for causing the death of another by using unreasonable force constituting third-degree assault to effect a lawful arrest. “
“In addition, we conclude that the district court did not abuse its discretion by (1) denying Chauvin’s request for a Schwartz hearing; (2) its jury instructions; (3) allowing the state to present seven witnesses on the use-of-force issue; (4) excluding from admission a presentation slide from MPD training materials; (5) denying Chauvin’s new-trial motion based on alleged prosecutorial misconduct; (6) excluding an unavailable witness’s out-ofcourt statement; and (7) departing upward from the presumptive range under the sentencing guidelines. We further conclude that Chauvin is not entitled to a new trial based upon the district court’s failure to ensure that sidebar conferences were transcribed and that any alleged cumulative error did not deny Chauvin a fair trial. Finally, we decline to address Chauvin’s challenge to his third-degree-murder conviction because the district court did not convict Chauvin of or sentence for this offense.”
“AFFIRMED.”

Conclusion

Chauvin has the right to petition the Minnesota Supreme Court to review this decision, but the Supreme Court may deny the petition without hearing arguments, and this blogger believes that such a petition should be denied.

In addition,as previously argued in this blog, Chauvin’s guilty plea to related charges in federal court should be another ground for rejecting any Chauvin appeals, but this argument was not mentioned by the Court of Appeals. [5]

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[1] Hyatt, Minnesota Court of Appeals rejects Derek Chauvin’s request for new trial in George Floyd killing, StarTribune (April 17, 2023); Bailey, Minnesota appeals court rejects Chauvin’s request for new trial in Floyd killing, Wash. Post (April 17, 2023).

[2] See posts listed in “The Killing of George Floyd (May 25, 2020)“ section of List of Posts to dwkcommentaries Topical: George Floyd Killing.

[3] See posts listed in the “Derek Chauvin State Criminal Trial” section of List of Posts to dwkcommentaries Topical: George Floyd Killing.

[4] Minnesota Court of Appeals, Opinion, State v. Chauvin, No. A21-1228 (April 17, 2023);

[5] Derek Chauvin’s Appeal of State Conviction and Sentencing for Killing George Floyd, dwkcommentaries.com (Jan. 23, 2023).

Roman Catholic Church Rejects Doctrine of Discovery

In the 15^th century, the Roman Catholic Church issued several papal bulls announcing what became known as the doctrine of discovery that authorized various European powers to conquer the lands of non-Christians. In 1452, Pope Nicholas V issued the bull Dum Diversas, which authorized King Alfonzo of Portugal to “subjugate the Saracens and pagans and other unbelievers and enemies of Christ” and “reduce their persons to perpetual servitude” and “to take their belongings, including land,” and “to convert them to you, and your use, and your successors the Kings of Portugal.” In 1455 Pope Nicholas V issued Romanus Pontifex, which extended Portugal’s authority to conquer the lands of infidels and pagans for “the salvation of all’ in order to “pardon. . . their souls. This document also granted Portugal a specific right to conquest in West Africa and to trade with Saracens and infidels in designated areas.[1]

As discussed below, in March 2023 the Roman Catholic Church rejected this doctrine.

Church’s Rejection of the Doctrine[2]

The doctrine in more recent times has been subjected to criticism from indigenous peoples, and on March 30, 2023, the doctrine’s rejection came in a joint statement by two of the Vatican’s departments or dicasteries: the Dicasteries for Culture and Education and for Promoting Integral Human Development.

After confessing that “many Christians have committed evil acts against indigenous peoples for which recent Popes have asked forgiveness on numerous occasions,” the Joint Statement said, “In our own day, a rewed dialogue with indigenous peoples, especially with those who profess the Catholic Faith, has helped the Church to understand better their values and cultures. With their help, the Church has acquired a greater awareness of their sufferings, past and present, due to the expropriation of their lands, which they consider a sacred gift from God and their ancestors, as well as the policies of forced assimilation, promoted by the governmental authorities of the time, intended to eliminate their indigenous cultures. As Pope Francis has emphasized, their sufferings constitute a powerful summons to abandon the colonizing mentality and to walk with them side by side, in mutual respect and dialogue, recognizing the rights and cultural values of all individuals and peoples. In this regard, the Church is committed to accompanying indigenous peoples and to foster efforts aimed at promoting reconciliation and healing.”

In these conversations with indigenous peoples, “the Church has heard the importance of [our] addressing the concept referred to as the ‘doctrine of discovery.’ The legal concept of ‘discovery’ was debated by colonial powers from the sixteenth century onward and found particular expression in the nineteenth century jurisprudence of courts in several countries, according to which the discovery of lands by settlers granted an exclusive right to extinguish, either by purchase or conquest, the title to or possession of those lands by indigenous peoples.

The Joint Statement then said, “The ‘doctrine of discovery’ is not part of the teaching of the Catholic Church. Historical research clearly demonstrates that the papal documents in question, written in a specific historical period and linked to political questions, have never been considered expressions of the Catholic faith. At the same time, the Church acknowledges that these papal bulls did not adequately reflect the equal dignity and rights of indigenous peoples. The Church is also aware that the content of these documents were manipulated for political purposes by competing colonial powers in order to justify immoral acts against indigenous peoples that were carried out, at times, without opposition from ecclesiastical authorities. It is only just to recognize these errors, acknowledge the terrible effects of the assimilation policies and the pain experienced by indigenous peoples, and ask for pardon. Further, Pope Francis has urged: “Never again can the Christian community allow itself to be infected by the idea that one culture is superior to others, or that it is legitimate to employ ways of coercing others.” (Emphasis added.)

In no uncertain terms, the Church’s magisterium upholds the respect due to every human being. The Catholic Church therefore repudiates those concepts that fail to recognize the inherent human rights of indigenous peoples, including what has become known as the legal and political ‘doctrine of discovery.’” (Emphasis added.)

Reactions to the Rejection[3]

This papal action was applauded the same day by the Roman Catholic Bishops for the U.S. and Canada.

U.S. Bishops

The U.S. Bishops said, “The Joint Statement is yet another step in expressing concern and pastoral solicitude for Native and Indigenous peoples who have experienced tremendous suffering because of the legacy of a colonizing mentality. We welcome the statement’s renewed repudiation and condemnation of the violence and injustices committed against Native and indigenous peoples, as well as the Church’s ongoing support for their dignity and human rights.”

The U.S. Bishops also expressed ‘deep sorrow and regret” for the “times when Christians, including ecclesiastical authorities, failed to oppose destructive and immoral actions of the competing colonial powers.” In recent dialogues, “Tribal leaders have illuminated more aspects of this painful history, and, with humility, we wish to offer our continuing solidarity and support, as well as a further willingness to listen and learn. We will continue to support policies that protect the poor and vulnerable, and that will offer relief to Native and indigenous families who are struggling.”

The U.S. Bishops also noted that “the centuries of history are complex, and the term ‘doctrine of discovery’ has taken on various legal and political interpretations that merit further historical study and understanding.”

Canadian Bishops

After endorsing the Vatican’s Joint Statement, the Canadian Bishops noted that “numerous and repeated statements by the Church and the Popes over the centuries have upheld the rights and freedoms of Indigienous Peoples” and that “Popes in recent times have also sought forgiveness on numerous occasions for evil acts committed against Indigenous Peoples by Christians.” The Canadians also reported that that the Canadian and U.S. Bishops and the Pontifical Committee for Historical Sciences are exploring the possibility of organizing an academic symposium with Indigenous and non-Indigenous scholars to further deepen historical understanding about the “Doctrine of Discovery.”

The Canadians closed with the following July 2022 quotation from Pope Francis in Quebec City: “ [N]ever again can the Christian community allow itself to be infected by the idea that one culture is superior to others, or that it is legitimate to employ ways of coercing others.”

U.N. Special Rapporteur on Rights of Indigenous Peoples

The U.N. Special Rapporteur, JośeFrancisco Cali Tzay, acknowledged that the doctrine of discovery “was a theory that served to justify the expropriation by sovereign colonizers of indigenous land from their rightful owners” and “is still an open wound for many Indigenous Peoples around the world.” Therefore, this doctrine ‘must be addressed as part of a reconciliation process between Indigenous Peoples and colonial States.” Therefore, Tzay welcomed the Vatican’s rejection of the ‘Doctrine of Discovery’ and hoped that other governments would follow its lead.

Conclusion

In the 19^th century the doctrine of discovery was incorporated into U.S. law by the U.S. Supreme Court, a topic for exploration in a subsequent post.[4]

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[1] Papal bulls, Wikipedia; Discovery doctrine, Wikipedia.

[2] Joint Statement of the Dicasteries for Culture and Education and for Promoting Integral Human Development on the “Doctrine of Discovery,” Bollettino Pubblico (Mar. 30, 2023); Povoledo, Vatican Repudiates ‘Doctrine of Discovery,’ Used as Justification for Colonization, N.Y. Times (Mar. 30, 2023); Cardinal Tolendtino, Statement on “Doctrine of Discovery,” a sign of reconciliation, Vatican News (Mar. 30, 3023); U.S. and Canadian Bishops welcome Vatican Statement on Doctrine of Discovery, Vatican News (Mar. 30, 2023); Church defends indigenous peoples: “Doctrine of Discovery’ was never Catholic, Vatican News (Mar. 30, 2023).

[3] USCCB, Statement on “Doctrine of Discovery,” (Mar. 30, 2023); CCCB, Statement by the Permanent Council of the Canadian Conference of Catholic Bishops on the Joint Statement of the Dicastery for Culture and Education and the Dicastery for Promoting Integral Human Development on the “Doctrine of Discovery,” CCB (Mar. 30, 2023):Lubov, UN rights expert hails Vatican’s rejection of ‘Doctrine of Discovery,’ Vatican News (Mar. 30, 2023);

[4] E.g., Doctrine of discovery, Legal Infor,. Institute (April 2022); /Johnson v. M’Intosh, Wikipedia.

City of Minneapolis Settles Other Derek Chauvin Cases

On April 13, 2023, the Minneapolis City Council agreed to pay two citizens nearly $9 million to settle their lawsuits alleging misconduct by former officer Derek Chauvin before his leading the now infamous killing of George Floyd in May 2021. [1]

Lawsuit by John Pope, Jr.

One lawsuit was brought by John Pope Jr., a black man, who will receive a $7.5 million settlement.

His lawsuit alleged that in 2017, when he was 14 years old, his mother was drunk when she called police because she was upset that he and his 16-year-old sister left their cell phone chargers plugged in, leading to a physical confrontation. It alleged Chauvin struck Pope in the head with a large metal flashlight at least four times. It says he then put Pope in a chokehold before pinning him to the floor and putting his knee on Pope’s neck. ”Chauvin would proceed to hold John in this prone position for more than fifteen minutes, all while John was completely subdued and not resisting,” the complaint alleged. ”Over those minutes, John repeatedly cried out that he could not breathe.”

The Pope complaint alleged that at least eight other officers did nothing to intervene. It also said Chauvin did not mention in his report that he had hit Pope with his flashlight, nor did he mention pinning Pope for so long. Chauvin’s sergeant reviewed and approved his report and use of force ”despite having firsthand knowledge that the report was false and misleading,” the lawsuit alleged.

Chauvin admitted to many of these allegations when in December 2021 he pleaded guilty to federal charges regarding Pope and was sentenced in July 2022 to 21 years on these charges.

Lawsuit by Zoya Code

The other lawsuit was brought by Zoya Code, a black woman, who will receive $1.375 million in her settlement. In September 2017 she was 14 years old and allegedly tried to strangle her mother with an extension cord. When Chauvin responded to a call about this situation, he put Zoya in handcuffs, slammed her head into the ground and put his knee on the back of her neck for 4 minutes and 41 seconds. Another officer at the scene did not intervene to stop Chauvin, and a responding police sergeant approved Chauvin’s use of force.

City Officials’ Reactions to These Settlements[2]

Also on April 13, immediately after the approval of the above settlements, Minneapolis Chief of Police Brian O’Hara and Mayor Jacob Frey announced their reactions.

The Police Chief stated the department is “forced to reckon once again with the deplorable acts of someone who has proven to be a national embarrassment.” But he also cited “systemic failure” within the Minneapolis Police Department. “I am appalled at the repetitive behavior of this coward and disgusted by the inaction and acceptance of that behavior by members of this department. Such conduct is a disgrace to the badge and an embarrassment to what is truly a very noble profession.”

“The Minneapolis police has a tradition to recycle the badge numbers that are no longer assigned to a current officer. [Chauvin’s badge, however,] betrayed and so egregiously dishonored, will be destroyed, and the badge number permanently removed from our rosters so that no future Minneapolis police officer should have to wear it.”

Minneapolis Mayor Jacob Frey apologized to all Chauvin’s victims and said that if police supervisors “had done the right thing, George Floyd would not have been murdered. He should have been fired in 2017. He should have been held accountable in 2017.” Frey added that the actions about his police badge was a “symbolic but important attempt” to purge the city of Chauvin’s legacy.

The Mayor’s written statement also discussed the progress that the City and MPD has made.

“Over the past couple of years, the City has continued a sustained push to shift the culture within the MPD. Since June 2020, Mayor Jacob Frey and MPD leadership have implemented sweeping changes, including overhauling the discipline matrix, multiple revisions to the Use of Force policy, updating the Field Training Officer program, a complete ban on neck restraints, affirmative duty to physically intervene, requiring officers to complete ABLE Training and more.”

“Most recently, the City and MPD entered into a court-enforceable settlement agreement with the Minnesota Department of Human Rights. Under the agreement, there is an entire section dedicated to Use of Force including:

Establishing new “levels” to more clearly define reportable uses of force.
Except for in critical incidents, requires each officer who uses level 2 or level 3 reportable use of force, and each officer who is physically present and witnessed the use of force, to accurately and thoroughly record all information in the required systems for each reportable use of force.
Requiring a supervisor to respond to the scene if significant force is used, which is based on the new reportable levels of force.
Requiring officer who uses reportable force to document the reason for the initial interaction.
Prohibiting officers from sharing information with another officer for the purpose of creating or producing force reports and documentation.”

“There are also many provisions within the agreement that bolster accountability, oversight, and supervisor review processes. Some examples include creating a new MPD Review Panel, chaired by the chief or their designee, to review, analyze and assess MPD’s enforcement practices, directing significant investment to new IT infrastructure such as new data collection, management and analysis systems to improve accountability, transparency and public safety, and new supervisory review processes that hold both supervisors and supervisees accountable.”

“The U.S. Department of Justice also has an ongoing pattern or practice investigation into the City and the MPD.”

“Additionally, the City recently approved an ordinance establishing a 15-member Community Commission on Police Oversight designed to improve transparency and accountability. This Commission should convene later this spring.”

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[1] Salter, Minneapolis to pay $8.9M over Chauvin’s actions before Floyd, StarTribune (April 13, 2023); Salter, Minneapolis to pay $8.9M over Chauvin’s actions before Floyd, Assoc. Press (April 13, 2023).

[2] Orrick, Derek Chauvin’s badge will be destroyed and no cop will have number 1087 again, StarTribune (April 13, 2023); Mayor Frey, City reaches settlements in lawsuits involving former MDP officer Derek Chauvin (April 13, 2023).

U.S. and Cuba Hold Migration Talks

On April 12, U.S. and Cuba representatives met in Washington, DC to discuss the implementation of the U.S.-Cuba Migration Accords, which are comprised of bilateral agreements completed in 1984, 1994, 1995 and 2017. [1]

The U.S. stated that this most recent discussion “reflects a commitment by both countries to regularly review the implementation of the accords” and “is consistent with U.S. interests in fostering family reunification and promoting greater respect for human rights and fundamental freedoms in Cuba.”

Cuba’s Foreign Ministry issued a statement about the discussion with the following additional points:

“Cuba reiterated its concern over the measures to encourage illegal migration. Special emphasis is placed on the negative impact that the U.S. economic blockade and the extreme re-enforcing measures applied since 2019 have on the socioeconomic conditions of the Cuban population, a major incentive to migration. The preferential treatment that Cubans who illegally enter the U.S. territory still receive and the validity of the Cuban Adjustment Act are also incentives.”
“The Cuban delegation reiterated the need to resume the processing of non-immigrant visas at the U.S. Embassy in Havana. The delegation emphasized that after 6 years, it is inconceivable for Cuban citizens to be forced to travel to a third country to get a visa, when there is an Embassy and a Consulate in Cuba and the alleged reasons for closing such services in Cuba have been proven to be false.”
“The Cuban representatives reiterated their rejection of the political asylum granted to Cuban citizen Rubén Martínez Machado, author of the hijacking of a Cuban civil aircraft AN-2 on October 21, 2022. They insisted that impunity for actions of this nature encourages illicit acts with dangerous and negative consequences for the air safety and the national security of both countries.”
“Cuba stressed the importance of complying with the bilateral migration accords in full and not selectively, and reaffirmed its willingness to continue the rounds of talks on migration issues.”

The U.S. delegation was led by Department of Homeland Security’s Deputy Assistant Secretary for the Western Hemisphere David Cloe while Cuba’s Vice Foreign Minister Carlos Fernandez de Cossio led the Cuban delegation.

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[1] State Department, U.S.-Cuba Migration Talks Held April 12 in Washington (April 12, 2023),;https://www.state.gov/u-s-cuba-migration-talks-held-april-12-in-washington/; Embassy of the United States in Cuba, Dialogues on migration between the US and Cuba held on April 12 in Washington (April 12, 2023); Cuba Ministry of Foreign Affairs, Cuba and the United States hold migration talks in Washington, D.C., (April 12, 2023); The US affirms its commitment to ‘maintain constructive talks with Cuba, diariodecuba.com (April 13, 2023).