Category: Medical

Response to Derek Chauvin’s Federal Motion for New Trial for Killing George Floyd  

A recent post discussed recent developments in the state and federal criminal cases against ex-officer Derek Chauvin for the killing of George Floyd, including his recent motion for a new trial in federal court based on the opinion of a pathologist who had never examined Mr. Floyd or his corpse and who had never participated in either of these cases.[1] Now here is preliminary analysis of that new Chauvin motion.

Chauvin’s New Motion Challenging His Federal Conviction and Sentencing[2]

On November 13, 2023, Derek Chauvin (without legal counsel) filed a motion in the U.S. District Court for the District of Minnesota to vacate his conviction and sentencing by that court, which was based on his guilty plea, for the murder and manslaughter of George Floyd in Minneapolis in May 2020.

The asserted basis for this new motion was the opinion of a pathologist, Dr. William Schaetzel, who had never examined the Floyd corpse and never testified in any of the criminal cases, but who said based on review of certain papers that Floyd did not die from asphyxia from Chauvin’s actions, but from complications of a rare tumor called paragangliona that can cause a fatal surge of adrenaline.

This Motion Is Bared By Chauvin’s Guilty Plea

This new motion appears to be barred by Chauvin’s guilty plea under oath, where Chauvin admitted in writing that “certain facts were true . . .[and] established his  guilt beyond a reasonable doubt].” [3] Those admissions included the following:

  • Chauvin, ‘while acting under color of law . . . willfully deprived George Floyd of . . . the right to be free from an unreasonable seizure, which includes the right to be free from the use of unreasonable force by a police officer. [Chauvin] . . . held his left knee across Mr. Floyd’s neck, back, and shoulder, and his right knee on Mr. Floyd’s back and arm. As Mr. Floyd lay on the ground, handcuffed and unresisting, [Chauvin] . . . kept his knees on Floyd’s neck and body, even after Mr. Floyd became unresponsive. This offense resulted in bodily injury to, and the death of, George Floyd.”
  • Chauvin “admits that in using this unreasonable and excessive force, he acted willfully and in callous and wanton disregard of the consequences to Mr. Floyd’s life. [Chauvin] . . . knew that what he was doing was wrong, in part, because it was contrary to his training as an MPD officer.. .”
  • Chauvin “also knew there was no legal justification to continue his use of force because he was aware that Mr. Floyd not only stopped resisting, but also stopped talking, stopped moving, stopped breathing, and lost consciousness and a pulse.’ [Chauvin] . . .chose to continue applying force even though he knew Mr. Floyd’s condition progressively worsened. . . . [Chauvin] also heard Mr. Floyd repeatedly explain that he could not breathe, was in pain, and wanted help.”
  • Chauvin “knew that what he was doing was wrong—that continued force was no longer appropriate and that it posed significant risks to Mr. Floyd’s life—based on what he observed and heard about Mr. Floyd.”
  • Chauvin “admits that he failed to render medical aid to Mr. Floyd, as he was capable of doing, and trained and required to do.”

Conclusion

Now we await the State’s response to this motion by Chauvin, any reply from Chauvin and the court’s decision on the morion.

In the meantime, on November 24, 2023, Chauvin was seriously  stabbed by another inmate at the Tucson, Arizona federal prison where Chauvin was incarcerated, but Chauvin is expected to live. [3]

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[1] U.S. Supreme Court Denies Derek Chauvin’s Petition To Review His State Court Conviction for Murder and Manslaughter of George Floyd, dwkcommentaries.com (Nov. 20, 2023).

 

[2] Motion To Vacate Conviction and Sentence under 28 U.S.C. SECTION 2255, U.S. v. Chauvin, Case No. 21-CR-108-PAM, U.S. Dist. Ct. MN (Nov. 13, 2023); Karnowski (AP), Ex-officer Derek Chauvin makes another bid to overturn federal conviction in murder of George Floyd, StarTribune. com (Nov. 14, 2023); Krauss, Derek Chauvin files motion attempting to overturn federal conviction, StarTribune (Nov. 15, 2023); Price, Derek Chauvin claims new evidence shows he didn’t cause George Floyd’s death, attempts to overthrow conviction, Fox News (Nov. 15, 2023); Naham, Convicted murderer Derek Chauvin’s prison emails revealed as he cites pathologist’s alternate theory George Floyd ‘literally scared’ to death, Law & Crime (Nov. 15, 2023).

[3] (Sisak, Ex-officer Derek Chauvin, convicted in George Floyd’s killing, stabbed in prison, AP sources say, StarTribune (Nov,. 24, 2023); Olson & Sawyer, Derek Chauvin expected to survive after prison stabbing, StarTribune (Nov. 25, 2023); Hughlett, Derek Chauvin survives Arizona federal prison attack, raising questions about security, StarTribune Nov. 25, 2023).

U.S. Afghan Special Visa Program Still Facing Immense Problems 

In August 2023, the U.S. State Department’s Office of Inspector General released its report on evaluation of 2018-22 adjustments to the Afghan Special Visa Program, which was established in 2009 to resettle “Afghans who had worked on behalf of the [U.S.] in Afghanistan and had experienced an ongoing and serious threat as a result.”[1]

The Report’s Findings

“A. The Department Made Efforts To Streamline Afghan Special Immigrant Visa Processing Beginning in February 2021, but Challenges Remain.” More specifically, “as of December 2022, these actions had not eliminated the significant and growing Afghan SIV applicant backlog. Specifically, the Department increased staffing to process emails and determine applicant eligibility; coordinated with the Department of Defense to verify employment; incorporated new software to help process emails; eliminated a portion of the application process; leveraged posts worldwide for SIV interviews; and established remote consular operations in Doha, Qatar. However, because of an increased interest in the program after [the U.S. withdrawal from Afghanistan in] August 2021, the Department experienced an influx of applications causing a backlog for which the Department had inadequate staffing to process. Without additional dedicated resources to address the situation, the backlog in SIV applications will remain a significant challenge.”

“B. COVID-19 Caused Delays to Afghan SIV Processing and Increased the Backlog of Applicants.” More specifically, “the COVID-19 pandemic stalled the Afghan SIV application process, which in-turn increased the number of SIV applicants awaiting in-person interviews….

Embassy Kabul suspended visa interviews twice: from March 2020 to February 2021 and from June to July 2021 because of COVID-19 outbreaks. However, telework allowed the Department to continue some phases of SIV applicant processing.”

“C. The Afghan Special Immigrant Visa Program Faces Challenges and Would Benefit From a Strategic Performance Management Approach.” More specifically, “The Department relies on Taliban cooperation for SIV applicant relocation from the country because of a lack of a [U.S.] ground presence in Afghanistan. In addition, the Department has not developed and implemented a strategic performance management approach to resolving the Afghan SIV applicant backlog, and the Department’s Afghan SIV Senior Coordinating Official position has had periods of vacancy and frequent turnover since 2017. Developing and implementing a strategic performance management approach would benefit the Afghan SIV program and help address the SIV applicant backlog.”

“The reliance on Taliban cooperation because of the lack of US diplomatic ground presence in Afghanistan impacts the ability for Afghan SIV applicants to exit Afghanistan and arrive at a US diplomatic post for visa processing.” Indeed, “one of the biggest challenges to SIV applicants departing Afghanistan is the lack of freedom of movement out of Afghanistan, which is dependent on Taliban cooperation. The Taliban’s willingness to approve flights, to allow women to depart Afghanistan alone, to determine the number of aircraft Kabul International Airport can accommodate, and other factors impacted freedom of movement for Afghans.. . .”

As of April 2023, the Department estimates that 840,000 principal applicants and family members remain in Afghanistan with uncertainty where they are in the application process. As of August 1, the U.S. has “issued nearly 34,000 SIVs to principal applicants and their eligible family members while another 80,000 applicants are in process with tens of thousands having begun the applications.

The Report’s Recommendation

The Report then made the following Recommendation: “OIG recommends that the Special Immigrant Visa (SIV) Senior Coordinating Official, in coordination with the Bureau of Consular Affairs and the Joint Executive Office for the Bureau of Near Eastern Affairs and the Bureau of South and Central Asian Affairs, develop and implement a strategic performance management approach to improve the outcomes of the Afghan SIV program, including establishing goals and measures of success to evaluate progress against those established goals.”

The Department’s Management responded to that Recommendation as follows: “The Department concurred with the intent of the recommendation and requested that OIG revise the recommendation to read “the [Special Immigrant Visa (SIV) Senior] Coordinating Official, in coordination with the Bureau of Consular Affairs and the Joint Executive Office for the Bureau of Near Eastern Affairs and the Bureau of South and Central Asian Affairs, continue to implement procedural changes and allocate resources in service of meeting the Department’s Afghan SIV processing goals. The Department should use the efficiency improvements, Chief of Mission (COM) decisions, and visa interview sections included in the quarterly Congressional reports on SIV processing to track progress, referencing the Program Design and Performance Management Toolkit as needed.”

“Additionally, Department comments noted that ‘after reviewing the Program Design and Performance Management Toolkit [mentioned in the finding] …, the Department maintains that Afghan SIV … adjudication is a process, not a program. However, the Department is aware of the value in this toolkit and will utilize it as a reference, as needed, while we continue to assess existing [Afghan SIV] processing goals.”

Conclusion

This blog already has discussed the Taliban’s human rights violations against in-country Afghans who had helped the U.S. troops before their August 2021 withdrawal.[2]

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[1] U.S. State Dep’t, Office of Inspector General, Evaluation of Adjustments to the Afghan Special Immigrant Visa Program From 2018 through 2022 (Aug. 2023)  Hansler, Challenges to Afghan special visa program remain two years after US withdrawal, State Dept, watchdog finds, CNN.com (Sept. 1, 2023) . See also Atwood & Hansler, State Department review of US withdrawal from Afghanistan includes far more findings than White House document, CNN (April 7, 2023)

[2] U.N. Agency Reports Afghan Human Rights  Violations Against Former U.S. Partners, dwkcommentaries.com (Aug. 26, 2023); COMMENT: Dangerous Life in Afghanistan of Family of U.S. Interpreter, dwkcommentaries.com (Aug. 29, 2023).

UN Counterterrorism Expert Reports That Conditions at U.S. Guantanamo Detention Facility Are Cruel and Inhuman   

On June 14, 2023, the U.N. Human Rights Council’s Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism submitted her 24-page, single-spaced report on her four-day visit to the U.S. detention facility in Guantanamo Bay, Cuba.

Summary of the Report[1]

According to the Special Rapporteur, there are “serious concerns about the continued detention of 30 men and the systematic arbitrariness that pervades their day-to-day, bringing severe insecurity, suffering, and anxiety to all, without exception.” Moreover, “Every detainees she met with lives with unrelenting, ongoing harms following from systematic practices of rendition, torture, and arbitrary detention. For many, the dividing line between past and present is exceptionally thin and past experience of torture lives in the present, without any obvious end in sight, including because they have received no independent, holistic, or adequate torture rehabilitation.”

“Despite the depth, severity, and evident nature of many detainees’ current physical and psychological harms, the detention infrastructure entails near-constant surveillance, forced call extractions, undue use of restraints, and other arbitrary, non-human rights compliant operating procedures stemming from inadequate training, structural healthcare deficiencies, inadequate access to family, including the failure to facilitate meaningful communication; and arbitrary detention characterized by sustained fair trial violations. The totality of these practices and omissions have cumulative, compounding effects on detainees’ dignity and fundamental rights, and a mounts to ongoing cruel, inhuman, and degrading treatment. Closure of the facility remains a priority.”

Before this trip to Guantanamo, the Special Rapporteur had “met with repatriated and resettled detainees and their families as well as government personnel in other countries [and had] identified serious shortcomings in the provision of the essential means that former detainees need to live a dignified life, including legal identity, health care, education, housing, family reunification, and freedom of movement. She found that these shortcomings contravened U.S. international law obligations, engaged before, during, and after transfer, including as regards non-refoulment—obligations of a more specific and compelling form when the individual has been tortured in its custody, requiring guarantee of adequate torture rehabilitation. . . .[In short,] the U.S. Government does not have an adequate system to address the well-being of those transferred, or the failure of governments to respect their rights.”

Therefore, “the U.S. Government must ensure accountability for all international law violations, for victims of counter-terrorism and victims of terrorism. . . . The time is now to undo the legacies of exceptionalism, discrimination, and secularization perpetuated by Guantanamo’s continuing existence.”

U.S. Response to this Report[2]

The Biden Administration released a one-page document saying that the current detainees “live communally and prepare meals together; receive specialized medical and psychiatric care; are given full access to legal counsel; and communicate regularly with family members.”

The Administration also said that this report’s findings “are solely only her own” and the U.S. “disagrees in significant respects with [her] many factual and legal assertions” but that the U.S. will carefully review her recommendations.

Details on the Special Rapporteur[3]

Pursuant to appointment as Special Rapporteur by the U.N. Human Rights Council, Ms. Fionnuala Ni Aolain, took up her duties on August 1, 2017. She also concurrently is Regents Professor and Robina Professor of Law, Public Policy and Security at the University of Minnesota Law School and Professor of Law at the Queens University, Belfast, Northern Ireland.

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[1] U.N. Human Rights Special Procedures, Technical Visit to the United States and Guantanamo Detention Facility by the Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism (June 14, 2023); U.N. Human Rights Council, UN counterterrorism expert concludes visit to the United States and Guantanamo detention facility (June 22, 2023); U.N. Human Rights Council, Expert welcomes historic visit to United States and Guantanamo detention facility and affirms rights of victims of terrorism and victims of counter-terrorism (June 26, 2023); Rosenberg, Conditions at Guantanamo Are Cruel and Inhuman, U.N. Investigation Finds, N.Y. Times (June 26,2023); Pilkington, U.S. subjects Guantanamo Bay detainees to ‘cruel’ treatment, UN says after visit, Guardian (June 27, 2023); Lederer (AP), Guantanamo detainees tell first independent visitor about scars from torture and hopes to leave, StarTribune (July 6, 2023); Pilkington, US must urgently treat men tortured at Guantanamo, UN investigator says, Guardian (July 7, 2023).This blog contains many posts that comment on Guantanamo. (List of Posts to dwkcommentaries—Topical: CUBA [as of 5/4/20].  See also https://dwkcommentaries.com/?s=Guantanamo.

[2] Rosenberg op cit.; Lederer, op. cit.

[3] University of Minnesota Law School, Fionnuala Ni Aolain. This blogger co-taught an international human rights course at the University of Minnesota Law School with three professors, including Ms. Ni Aolain. (My Call Stories, dwkcommentaries.com (Mar. 4, 2019);  Teaching the International Human Rights Course, dwkcommentaries.com  (July 1, 2011).

U.S. Admits “Havana Syndrome” Not Caused by Foreign Adversary

In 2016, officials in the U.S. Embassy in Havana, Cuba reported ringing in the ears followed by pressure in the head and nausea, headaches and acute discomfort. Subsequently similar symptoms were reported by “U.S. career diplomats, intelligence officers and others serving in U.S. missions around the world” and the symptoms became known as the “Havana Syndrome.”[1]

Apparently in late February 2023, the CIA and six other U.S.intelligence agencies concluded their joint participation in reviewing approximately 1,000 cases of “anomalous health incidents.” Here are their conclusions:

  • “Five of those agencies determined it was ‘very unlikely’ that a foreign adversary was responsible for the symptoms, either as the result of purposeful actions — such as a directed energy weapon — or as the byproduct of some other activity, including electronic surveillance that unintentionally could have made people sick, the officials said. They spoke on the condition of anonymity to describe the findings of the assessment, which had not yet been made public.”
  • “There was no ‘credible evidence’ any adversaries had developed a weapon or an intelligence-collection device cable to cause the injuries that American officials have reported.”
  • “One [unnamed] agency . . . determined that it was ‘unlikely’ that a foreign actor was at fault, a slightly less emphatic finding that did not appreciably change the consensus. [Another] agency abstained in its conclusion regarding a foreign actor. But when asked, no agency dissented from the conclusion that a foreign actor did not cause the symptoms.”
  • “The officials said that as analysts examined clusters of reported cases, including at U.S. embassies, they found no pattern or common set of conditions that could link individual cases. They also found no evidence, including forensic information or geolocation data, that would suggest an adversary had used a form of directed energy such as radio waves or ultrasonic beams. In some cases, there was no ‘direct line of sight’ to affected personnel working at U.S. facilities, further casting doubt on the possibility that a hypothetical energy weapon could have been the culprits.”
  • This “assessment also examined whether an adversary possessed a device capable of using energy to cause the reported symptoms. Of the seven agencies, five determined that it was ‘very unlikely,’ while the other two said it was ‘unlikely.’”

“William J. Burns, the C.I.A. director, said in a statement that the findings reflected more than two years of ‘rigorous, painstaking collection, investigative work and analysis’ by the C.I.A. and [the] other U.S. intelligence agencies.’ [Burns continued,] ‘I and my leadership team stand firmly behind the work conducted and the findings. I want to be absolutely clear: These findings do not call into question the experiences and real health issues that U.S. government personnel and their family members — including C.I.A.’s own officers — have reported while serving our country.’”

In contrast to the above conclusions, last year “an independent panel of experts [investigated and] found that an external energy source plausibly could explain the symptoms” and that “a foreign power could have harnessed ‘pulsed electromagnetic energy’ that made people sick.” These conclusions “were consistent  with earlier conclusions by the National Academies of Sciences, Engineering and Medicine, which found that  ‘directed, pulsed radio frequency energy appears to be the most plausible mechanism in explaining these cases.’”

Secretary of State Antony Blinken reportedly “remains of the view that something happened to those employees who have reported significant ailments, and he is committed to making sure they are cared for.”

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[1] Harris & Hudson, ‘Havana syndrome’ not caused by energy weapon or foreign adversary, intelligence review finds, Wash. Post (Mar. 1, 2023); Barnes & Entous, Foreign Adversaries Unlikely to Blame for Havana Syndrome, Intelligence Review Finds, N.Y. Times (Mar. 1, 2023); Strobel, Havana Syndrome Unlikely Caused by Foreign Adversary or Weapon, W.S.J. (Mar. 1, 2023). This blog has discussed the previous occurrences of this medical problem and attempts to determine its causes. (See the following sections “U.S. Diplomats Medical Problems in Cuba, 2017-18” and “U.S. Diplomats Medical Problems in Cuba, 2019” in List of Posts to dwkcommentaries—Topical: Cuba [as of 5/4/20]. )

Your Longevity Is Important for Many Reasons  

Longevity or how long you will live has always been important in making many decisions about your future. But this blogger has never known until reading the Wall Street Journal article cited below that the American Academy of Actuaries and Society of Actuaries have calculated longevity factors based upon the assumption that everything goes well for the individual and upon the latest mortality data from the U.S. Social Security Administration.

That data has been compiled in the Actuaries Longevity Illustrator, which helps an individual see how long he or she might live. (This is different from life expectancy tables that have the average number of years someone will live from a given age.)  [1]

The Illustrator is simple to use. You only enter your date of birth, your retirement age, your gender, whether or not you smoke and whether your general health is excellent, average or poor, which terms are not defined.

Examples of Excellent Health Males and Females

For example, an 84 year-old non-smoker male with excellent health has a 94% chance of living to age 85, 59% chance to age 90, 26% chance to age 95 and 7% to age 100.

An 83-year old female non-smoker with excellent health would have a 91% chance of living to age 85, 64% chance to age 90, 33% chance to age 95 and 12% chance to age 100.

Examples of Average Health Males and Females

An 84 year-old non-smoker male with average health would have a 92% chance of living to age 85, 51% chance to age 90, 18% chance to age 95 and 4% chance to age 100.

The 83 year-old non-smoker female with average health would have a 89% chance to reach age 85, 56% chance to age 90, 25% chance to age 95 and 7% chance to age 100.

Observations

Josh Zumbrun, the author of the Wall Street Journal article on this subject, says, “The good news [from these longevity statistics] is that many Americans live a lot longer than they expect. The bad news is that this often leads to financial regret as they realize, sometimes too late, that [earlier in life they made financial decisions that have not provided sufficient financial resources for these additional years].”

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[1] Zumbrun, You Might Live Longer Than You Think. Your Finances Might Not, W.S.J. (Feb. 10, 2023); Actuaries, Longevity Illustrator.